Environmental Emergency Regulations, 2019

Environmental Emergency Regulations, 2019 Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, the Minister of the Environment published in the Canada Gazette, Part I, on October 8, 2016, a copy of the proposed Environmental Emergency Regulations, 2016, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection; S.C. 2004, c. 15, s. 31 S.C. 1999, c. 33 And whereas, pursuant to subsection 200(1) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6c of that Act; S.C. 2015, c. 3, par. 172(d) Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 200(1) of the Canadian Environmental Protection Act, 1999b, makes the annexed Environmental Emergency Regulations, 2019. Definitions The following definitions apply in these Regulations. Act means the Canadian Environmental Protection Act, 1999. (Loi) CAS registry number means the identification number assigned to a substance by the Chemical Abstracts Service, a division of the American Chemical Society. (numéro d’enregistrement CAS) container system means any receptacle or network of receptacles that is used to contain a substance — including any connected pipelines or piping — except any part of that network that is automatically or remotely segregated from the rest of the network by shut-off valves, or other mechanisms, in the event of any environmental emergency. (système de réservoirs) simulation exercise means an exercise simulating the response to an environmental emergency involving the release of a substance. (exercice de simulation) facility means a property on which one or more fixed onshore installations are located and where a substance is present. (installation) full-scale simulation exercise means an action-based simulation exercise requiring the deployment of personnel, resources and equipment. (exercice général de simulation) maximum capacity means, in respect of a container system, its full physical capacity, expressed in tonnes, including any capacity that is beyond the safe-fill limit set by the manufacturer of the receptacles that comprise the container system. (capacité maximale) responsible person means any person who owns or has the charge, management or control of a substance that is located at a facility. (responsable) Maximum expected quantity For the purposes of these Regulations, the maximum expected quantity of a substance is to be determined in accordance with subsections 3(1) to (4) for the one-year period beginning on the day on which the applicable situation referred to in subsection 3(1) or (5) occurs or the one-year period beginning on the day on which a notice is submitted under section 13. List For the purposes of the definition substance in section 193 of the Act, the list of substances consists of the substances having a CAS registry number set out in column 1 of Part 1 of Schedule 1 and that, if present in a mixture, are in a concentration that is greater than or equal to the concentration set out in column 3 of that Part; and the solutions having a CAS registry number set out in column 1 of Part 2 of Schedule 1, if the concentration of the solute in the solution is greater than or equal to the concentration set out in column 3 of that Part and, in the case of a solution that is present in a mixture, if the concentration of the solute in the mixture is greater than or equal to the concentration set out in column 3 of that Part. Exclusions The following substances are excluded from the list referred to in subsection (1): a substance that is identified in column 5 of Part 1 of Schedule 1 as combustible or likely to explode and is in a mixture that has a flashpoint greater than 23 °C and a boiling point greater than 35 °C, or is a component of natural gas in its gaseous form; a substance that is identified in column 5 of Part 1 or 2 of Schedule 1 as an inhalation hazard and is in a mixture, in gaseous or liquid form, that has a total vapour pressure of less than 1.33 kPa; a substance that is used to fuel a heating appliance or to generate power at the facility where it is located and is present in a quantity that is less than the quantity set out in column 4 of Part 1 of Schedule 1 for that substance; a substance that is regulated under the Transportation of Dangerous Goods Act, 1992 or the Canada Shipping Act, 2001; a substance that is in a pipeline that is regulated under the National Energy Board Onshore Pipeline Regulations or in a processing plant that is regulated under the National Energy Board Processing Plant Regulations; a substance that is in a pipeline located entirely within a province and that is on a property where there are no fixed onshore installations other than pipelines, compressor stations or pump stations; a substance that is in a fuel tank that is connected to and supplies the engine of a conveyance that is used for transportation; the substance set out in item 57 of Part 1 of Schedule 1, if it is in a solid form; the substance set out in item 143 of Part 1 of Schedule 1, if it is in the form of solid particles that measure more than 10 μm in diameter; and the substance set out in item 167 of Part 1 of Schedule 1, if it is in a form other than white phosphorous. Notice A responsible person must, within 90 days after the day on which either of the following situations occurs, submit to the Minister a notice containing the information referred to in Schedule 2 for each facility at which a substance is located: the total quantity of the substance, whether it is in a container system or not, is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance; or a quantity of the substance is placed in a container system that has a maximum capacity that is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance. Excluded quantities In determining the quantity of a substance for the purposes of subsection (1), the following quantities are excluded: quantities of the substance that are located at the facility for a period of 72 hours or less, unless the substance is loaded or unloaded at the facility, if, during that period, the person keeps evidence of the date and time at which the quantities of the substance arrived at the facility; quantities of the substance that are in a container system that has a maximum capacity of 0.03 t or less; quantities of the substance that are found in slag, waste rock, tailings, solid residues, ores and ore concentrates; quantities of the substance set out in item 17 of Part 1 of Schedule 1 that are in a container system that has a maximum capacity of less than 10 t and is located at least 360 m from all points along the boundary of the facility; and quantities of a substance set out in item 163 of Part 1 of Schedule 1 or item 5 or 9 of Part 2 of that Schedule that are located at a farming operation for on-site use as an agricultural nutrient. Determination of Quantity — Part 1 of Schedule 1 For the purposes of subsection (1), the quantity of a substance set out in Part 1 of Schedule 1 that is in a mixture is to be determined by multiplying the quantity of the mixture, expressed in tonnes, by the concentration, expressed in percentage (mass/mass), of the substance in the mixture. Determination of Quantity — Part 2 of Schedule 1 For the purposes of subsection (1), the quantity of a substance that is a solution set out in Part 2 of Schedule 1 is to be determined in the case of a solution that is not in a mixture, by multiplying the quantity of the solution, expressed in tonnes, by the concentration expressed in percentage (mass/mass) of the solute in the solution; and in the case of a solution that is in a mixture, if the concentration of the solute in the solution is available, by multiplying the quantity of the mixture, expressed in tonnes, by the concentration expressed in percentage (mass/mass) of the solute in the solution and the concentration expressed in percentage (mass/mass) of the solution in the mixture, and if the concentration of the solute in the solution is not available, by multiplying the quantity of the mixture, expressed in tonnes, by the percentage (mass/mass) of the solution in the mixture. Notice of change A responsible person must, within 60 days after the day on which any of the following situations occurs, submit an updated notice to the Minister that contains the information referred to in Schedule 2: the information that was reported under section 1 or 2 of Schedule 2 has changed; the maximum expected quantity that was most recently reported under paragraph 3(d) of Schedule 2 in respect of a substance has increased by 10% or more; or the maximum capacity that was most recently reported under paragraph 3(f) of Schedule 2 in respect of a container system, in which a quantity of a substance is contained, has increased by 10% or more. Preparation A responsible person must, for each facility at which a substance is located, prepare an environmental emergency plan with respect to the substance under the following circumstances: if some or all of the substance is not in a container system, a responsible person has reported a maximum expected quantity under paragraph 3(d) of Schedule 2 that is equal to or greater than the quantity set out in column 4 of Part 1 of Schedule 1 for that substance; or if the substance is in a container system, a responsible person has reported under paragraph 3(d) of Schedule 2, a maximum expected quantity that is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance, and under paragraph 3(f) of Schedule 2, a maximum capacity that is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance. Required contents The environmental emergency plan must include the following: a description of the properties and characteristics of the substance and the maximum expected quantity of the substance at the facility; a description of the commercial, manufacturing, processing or other activity involving the substance that takes place at the facility; a description of the facility and of the area surrounding the facility that may be affected by an environmental emergency referred to in paragraph (d), including any hospitals, schools, residential, commercial or industrial buildings and any highways, public transit infrastructure, parks, forests, wildlife habitats, water sources or water bodies; an identification of any environmental emergency that could reasonably be expected to occur at the facility and that would likely cause harm to the environment or constitute a danger to human life or health, including the environmental emergency referred to in paragraph (e) and, if applicable, the environmental emergency that is more likely to occur than the environmental emergency referred to in paragraph (e) and that would have the longest impact distance outside the boundary of the facility; an identification of the harm to the environment or danger to human life or health that would likely result from an environmental emergency involving the release of the maximum quantity of the substance that could be contained in the container system that has the largest maximum capacity, if a quantity of the substance is in a container system, and the maximum expected quantity of the substance that will not be in a container system, if a quantity of the substance is not in a container system; an identification of the harm to the environment or danger to human life or health that would likely result from the environmental emergency identified under paragraph (d), if any, that is more likely to occur than the environmental emergency referred to in paragraph (e) and would have the longest impact distance outside the boundary of the facility; a description of the measures to be taken to prevent and prepare for the environmental emergencies identified under paragraph (d) and the measures that will be taken to respond to and recover from such emergencies if they were to occur; a list of the position titles of the persons who will make decisions and take a leadership role in the event of an environmental emergency and a description of their roles and responsibilities; a list of the environmental emergency training that has been or will be provided to prepare personnel at the facility who will respond in the event that an environmental emergency identified under paragraph (d) occurs; a list of the emergency response equipment that is necessary for the measures described in paragraph (g) and the equipment’s location; a description of the measures that will be taken by a responsible person or by a responsible person and local authorities, acting jointly, to communicate with the members of the public who may be adversely affected by the environmental emergency referred to in paragraph (f) to inform them, before the environmental emergency occurs, of the possibility that the environmental emergency could occur, the potential effects of the environmental emergency on the environment and on human life or health, taking into account the factors referred to in paragraphs (a) to (c), and the measures that will be taken by the responsible person to protect the environment and human life or health, and the means by which the responsible person will communicate with them, in the event that the environmental emergency occurs; a description of the measures that will be taken by a responsible person or by a responsible person and local authorities, acting jointly, to, in the event that an environmental emergency involving the release of a substance occurs, communicate with the members of the public who may be adversely affected to provide them, during and after its occurrence, with information and guidance concerning the actions that could be taken by them to reduce the potential harm to the environment and danger to human life or health, including an explanation of how those actions may help to reduce the harm or danger; the position title of the person who will communicate with the members of the public referred to in paragraphs (k) and (l); a description of the consultations that a responsible person had with local authorities, if any, with respect to the measures referred to in paragraph (k) and (l); and a plan of the facility showing the location of any substances in relation to the physical features of the facility. Existing plan For the purposes of subsection (1), a responsible person may use an environmental emergency plan that has been prepared on a voluntary basis, or for another government or under another Act of Parliament, if that plan meets the requirements of subsection (2) or is amended so that it meets those requirements. Adequate measures The measures included in the environmental emergency plan must be adequate to address the objectives of preventing, preparing for, responding to and recovering from the environmental emergencies identified under paragraph (2)(d). Notice – preparation of plan Within six months after the day on which an environmental emergency plan is required to be prepared under subsection 4(1), a responsible person must inform the Minister that they have prepared the plan or are using a previously prepared plan in accordance with subsection 4(3) by submitting a notice that contains the information referred to in Schedule 3. Bringing into effect Within 12 months after the day on which an environmental emergency plan is required to be prepared under subsection 4(1), a responsible person must bring the plan into effect and submit a notice to the Minister that contains the information referred to in Schedule 4. Simulation exercise A responsible person must conduct simulation exercises in relation to each environmental emergency plan that is prepared under subsection 4(1) as follows: each year, beginning on the day on which the plan is brought into effect, a simulation exercise in respect of one substance from each of the hazard categories referred to in column 5 of Parts 1 and 2 of Schedule 1, using an environmental emergency identified under paragraph 4(2)(d) as the emergency being simulated; and every five years, beginning on the day on which the plan is brought into effect, a full-scale simulation exercise in respect of any one substance, using an environmental emergency referred to in paragraph 4(2)(e) or (f) as the emergency being simulated. Cycle for simulation exercises For the purposes of paragraph (1)(a), a simulation exercise conducted in respect of a substance belonging to a given hazard category must simulate a different environmental emergency for each subsequent simulation exercise until all of the environmental emergencies identified under paragraph 4(2)(d) for each of the substances belonging to that hazard category have been simulated, after which the environmental emergencies must be cycled through again. Exception Paragraph (1)(a) does not apply in respect of a year during which a full-scale simulation exercise is conducted under paragraph (1)(b). Record of simulation exercise After each simulation exercise is conducted in relation to the environmental emergency plan, a responsible person must prepare a record that contains the date, a summary and the results of the simulation exercise and any modifications to be made to the plan as a result of the simulation exercise. Notice — simulation exercises conducted A responsible person must, within five years after the day on which the environmental emergency plan is brought into effect under section 6, submit a notice to the Minister containing the information referred to in Schedule 5 concerning the simulation exercises conducted in relation to an environmental emergency plan. Updates to the plan A responsible person must review and, if necessary, update the environmental emergency plan at least once a year to ensure that it continues to meet the requirements of subsection 4(2) and keep a record of the date of the review. Access A responsible person must make a copy of the environmental emergency plan readily available at the facility referred to in subsection 4(1) and at any other place where a copy of the plan needs to be kept for consultation by the individuals who are to carry it out. Measures under paragraph 201(1)(b) of Act The emergency measures that are to be taken under paragraph 201(1)(b) of the Act include the measures to respond to and recover from an environmental emergency that are set out in the environmental emergency plan. Notice regarding a substance If a notice has been submitted under subsection 3(1), a responsible person must submit a new notice to the Minister that contains the information referred to in Schedule 2 no later than five years after the day on which the most recent notice containing that information was submitted. Notice of simulation exercise If a notice has been submitted under section 9, a responsible person must submit a new notice to the Minister that contains the information referred to in Schedule 5 no later than five years after the day on which the most recent notice containing that information was submitted. Change in quantity or capacity If a notice has been submitted under subsection 3(1) in respect of a substance located at a facility, a responsible person must submit a notice to the Minister if the total quantity of the substance located at the facility is, for a period of one year, less than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance; or a quantity of the substance is, for a period of one year, no longer found in a container system at the facility that has a maximum capacity that is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance. Time limit for submission The notice must contain the information referred to in Schedule 6 and be submitted no later than 60 days after the end of the period referred to in paragraph (1)(a) or (b), as the case may be. Cessation of operations A responsible person who intends to cease operations for a period of one year or more at a facility where a substance is located, for any purpose other than maintenance, must submit a notice containing the information referred to in Schedule 7 to the Minister at least 30 days before the day on which operations are to cease, or as soon as feasible in the case of extraordinary circumstances such as fire, major accident, vandalism, natural disaster or act of terrorism. Transfer of ownership of facility If there is a transfer of the ownership of a facility where a substance is located, a responsible person must, if a notice has been submitted under subsection 3(1) in respect of the substance, submit a notice containing the information referred to in Schedule 7 to the Minister on or before the date of the transfer. Paragraph 201(1)(a) of Act For the purposes of these Regulations, paragraph 201(1)(a) of the Act applies only in relation to an environmental emergency that has or may have an immediate or long-term harmful effect on the environment; constitutes or may constitute a danger to the environment on which human life depends; or constitutes or may constitute a danger in Canada to human life or health. Written Report — designated person The person who is designated to be provided with a written report respecting the occurrence of an environmental emergency involving a substance that is on the list referred to in section 2 is the Regional Director, Environmental Enforcement Directorate, Enforcement Branch, Department of the Environment, in the region where the environmental emergency occurs. Written Report — required contents The written report must include the information referred to in Schedule 8. Certification Any information that is required to be submitted under these Regulations, and any written report provided under paragraph 201(1)(a) of the Act, must be accompanied by a certification, signed and dated by the person who is required to submit the information or provide the report, or by their authorized representative, stating that the information or report is accurate and complete. Additional information If the certification is provided by an authorized representative, the authorized representative must provide their name, telephone number and email address. Electronic submission under these Regulations Any information that is required to be submitted to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and bear the electronic signature of the person who is required to submit the information or of their authorized representative. Electronic submission — written report of environmental emergency Any written report provided under paragraph 201(1)(a) of the Act to an enforcement officer or the person referred to in subsection 18(2) must be submitted electronically in the form and format specified by the Minister and bear the electronic signature of the person who is required to submit the report or of their authorized representative. Submission on paper If the Minister has not specified a form and format or if it is not feasible to submit the information or report electronically because of circumstances beyond the person’s control, the information or report, as the case may be, must be submitted on paper in the form and format specified by the Minister, if any, and be signed by the person or their authorized representative. Record keeping Any records prepared in accordance with sections 8 and 10 must be kept at the facility referred to in subsection 4(1). Seven years The records referred to in subsection (1) must be kept for a period of not less than seven years beginning on the day on which they are prepared. Application of section 3 For the purposes of section 3, if either of the situations described in paragraph 3(1)(a) or (b) occurs in respect of a facility before the day on which these Regulations come into force, a responsible person must submit the notice referred to in subsection 3(1) to the Minister within 90 days after the day on which these Regulations come into force. The Environmental Emergency Regulations1 are repealed. SOR/2003-307 180th day after registration These Regulations come into force on the 180th day after the day on which they are registered. aquatically toxic combustible explosion hazard pool fire hazard inhalation hazard oxidizer that may explode The following information respecting the facility: its name; its civic address or, if it does not have a civic address, a description of its location; the latitude and longitude of the main entrance of the facility, expressed in decimal degrees to five decimal places; the range, among the following ranges, that best reflects the maximum number of people that work there: 0 to 4, 5 to 19, 20 to 49, 50 to 99, 100 to 299, 300 to 499, or 500 or more; the name, position title, email address, telephone number and fax number of the responsible person and those of the primary and alternate contact persons; and the North American Industry Classification System (NAICS) codes, consisting of at least four digits, that describe the operations at the facility. The following information respecting the head office of the facility (if different from above): its corporate name and address; and the name, position title, email address, telephone number and fax number of the primary and alternate contact persons. The following information for each substance located at the facility in respect of which the notice is being submitted: its CAS registry number; its UN number, if applicable; the maximum expected quantity of the substance; if a quantity of the substance is not contained in a container system, a statement to that effect; if all quantities of the substance are contained in a container system, the maximum capacity of the largest container system in which the substance is contained; and the day on which the situation described in each of paragraphs 3(1)(a) and (b) of the Regulations occurred, as applicable. the latitude and longitude of the main entrance of the facility, expressed in decimal degrees to five decimal places; and the name, position title, email address, telephone number and fax number of the responsible person and those of the primary and alternate contact persons. If the environmental emergency plan is based on an existing plan, a statement as to whether the existing plan was prepared on a voluntary basis; prepared for another government; or prepared under another Act of Parliament. If the existing plan was prepared for another government or prepared under another Act of Parliament, the name of the government or the Act of Parliament. The following information respecting the involvement of local authorities or groups: the names of the local authorities and local community or interest groups that have been involved in the environmental emergency plan’s development, if any; and a statement as to whether or not the plan or its relevant parts were made available to the appropriate local authorities, such as fire and police departments, that are likely to be involved in an emergency response and the names of those local authorities. The following information respecting the substance in respect of which the environmental emergency plan is prepared: its name, CAS registry number and, if applicable, UN number; the nature of the operations at the facility that involve the substance; the date on which the preparation of the environmental emergency plan was completed; the distance, expressed in kilometres, from the facility to the furthest point that would likely be affected in the event of an environmental emergency referred to in paragraph 4(2)(e) of the Regulations and the method used to determine that distance; and if applicable, the distance, expressed in kilometres, from the facility to the furthest point that would likely be affected in the event of an environmental emergency referred to in paragraph 4(2)(f) of the Regulations and the method used to determine that distance. If applicable, a description of the area surrounding the facility that may be affected by an environmental emergency referred to in paragraph 4(2)(f) of the Regulations, including any hospitals, schools, residential, commercial or industrial buildings and any highways, public transit infrastructure, parks, forests, wildlife habitats, water sources or water bodies. The following information respecting the environmental emergency plan: the name, CAS registry number and, if applicable, UN number of the substance to which it relates; and the date on which it was brought into effect. Confirmation that the annual simulation exercises referred to in paragraph 7(1)(a) of the Regulations were conducted. The following information for each full-scale simulation exercise conducted under paragraph 7(1)(b) of the Regulations: the date on which the full-scale simulation exercise was conducted; a description of the environmental emergency simulated during the full-scale simulation exercise; the name, CAS registry number and, if applicable, UN number of the substance in respect of which the full-scale simulation exercise was conducted and the hazard category to which that substance belongs; if applicable, a list of all the local authorities and local community or interest groups that were involved in the full-scale simulation exercise; and the name and position title of the person who was in charge of conducting the full-scale simulation exercise. A statement as to whether or not the environmental emergency plan was updated in accordance with section 10 of the Regulations. the name, CAS registry number and, if applicable, UN number of the substance in question; the quantity of the substance that remains at the facility on the day on which the notice is submitted; the maximum capacity of the largest container system in which the substance is contained that remains at the facility on the day on which the notice is submitted; and The day on which the quantity of the substance or the maximum capacity of the largest container system in which the substance is contained decreased to below the threshold set out in subsection 3(1) of the Regulations. An explanation as to why there was a change in the quantity or the maximum capacity. the name, CAS registry number and, if applicable, UN number of each substance that is located at the facility; and If the notice concerns a cessation of operations, the following information: the date of the cessation of operations at the facility; for each substance in respect of which a notice was submitted under subsection 3(1) of the Regulations, the quantity of the substance that remains at the facility on the day on which the notice is submitted, the number of container systems containing the substance that remain at the facility on the day on which the notice is submitted, and the maximum capacity of the largest container system in which the substance is contained on the day on which the notice is submitted; and a description of the measures taken to prevent and prepare for the occurrence of an environmental emergency after operations cease at the facility and the measures that will be taken to respond to and recover from such an emergency if it were to occur. If the notice concerns a transfer of the ownership of the facility, the following information: the date of the transfer; and the name of the new owner. The name, civic address and telephone number of the person who is providing the written report. If applicable, the name of the entity or person that is responsible for the facility that is associated with the environmental emergency. If applicable, the North American Industry Classification System codes, consisting of at least four digits, that describe the operations at the facility that is associated with the environmental emergency. The date and time of the environmental emergency and the location where it occurred, including the latitude and longitude, expressed in decimal degrees to five decimal places, and, if applicable, the civic address of that location. The name, CAS registry number and, if applicable, UN number of the substance that was released or likely to be released. The quantity of the substance that was released or likely to be released or, if the quantity cannot be determined, an estimate of it. If the substance is or was in a container system, a description of the container system, including a description of its condition. A description of the harmful effects or potential harmful effects of the environmental emergency on the environment and on human life or health, including effects on any surrounding hospitals, schools, residential, commercial or industrial buildings, highways, public transit infrastructure, parks, forests, wildlife habitats, water sources or water bodies. A description of the circumstances of the environmental emergency and its cause, if known, and of the measures taken to mitigate any harmful effects on the environment or on human life or health. A description of all measures taken or planned to be taken to prevent similar environmental emergencies from occurring.