Environmental Response Regulations

Environmental Response Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 35(1)(d), (e)a and (f)a, subsection 182(1)b and paragraphs 244(f)c and (h)d of the Canada Shipping Act, 2001e, makes the annexed Environmental Response Regulations. S.C. 2005, c. 29, s. 16(1) S.C. 2014, c. 29, s. 69 S.C. 2014, c. 29, s. 75(1) S.C. 2018, c. 27, s. 709 S.C. 2001, c. 26 Definitions The following definitions apply in these Regulations. Act means the Canada Shipping Act, 2001. (Loi) area of environmental sensitivities means an area containing threatened, vulnerable or endangered species or locations of cultural or high socio-economic significance. (milieux sensibles) Classes The following classes of vessels are prescribed for the purposes of subsection 167(1) of the Act: oil tankers of 150 gross tonnage or more; vessels, other than oil tankers, of 400 gross tonnage or more that carry oil as cargo or as fuel; and vessels that carry oil as cargo or as fuel and that are engaged in towing or pushing at least one other vessel that carries oil as cargo or as fuel, if the combined gross tonnage of the vessels is 150 gross tonnage or more. Exclusions The classes of vessels that are prescribed by subsection (1) do not include foreign vessels that are only transiting in the territorial sea of Canada or the exclusive economic zone of Canada and are not engaged in the loading or unloading of oil during transit; pleasure craft; or government vessels, naval auxiliary vessels or vessels owned or operated by a foreign state and used only on government non-commercial service. Definition of oil tanker In this section, oil tanker means a vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes the following vessels that are carrying a cargo or part cargo of oil in bulk: a combination carrier, which is a vessel designed to carry oil or solid cargoes in bulk; an NLS tanker, which is a vessel constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an oil tanker that is certified to carry a cargo or part cargo of noxious liquid substances in bulk; and a gas carrier, which is a cargo vessel constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organization. Exception Paragraph 167(1)(a) and subparagraphs 167(1)(b)(ii) and (iii) of the Act do not apply in respect of vessels that are in waters north of latitude 60° N. Maximum quantity For the purposes of paragraph 167(1)(a) of the Act, the prescribed maximum quantity of oil is 10,000 tonnes. For the purposes of sections 167.1 to 167.4 and subsections 168(1) and 168.01(1) of the Act, classes of oil handling facilities at which operations are carried out in relation to the loading or unloading of oil to or from a vessel referred to in section 2 are established according to their oil transfer rate as set out in the following table: Paragraph 168(1)(a) and subparagraph 168(1)(b)(ii) of the Act and the requirement set out in subparagraph 168(1)(b)(iii) of the Act to identify every person who is authorized to implement the arrangement referred to in paragraph 168(1)(a) do not apply in respect of oil handling facilities that are located north of latitude 60° N. For the purposes of paragraph 168(1)(a) of the Act, the prescribed maximum quantity of oil is 10,000 tonnes. Timing — section 167.1 of the Act For the purposes of section 167.1 of the Act, the prescribed time to notify the Minister of the proposed operations relating to the loading or unloading of oil to or from vessels is at least 180 days before the commencement of those operations. Time limit — section 168.01 of the Act For the purposes of section 168.01 of the Act, if the proposed change is to decrease the oil handling facility’s transfer rate, the time to notify the Minister of the proposed change may be of any period of less than 180 days that the Minister may specify. Content The oil pollution prevention plan must contain the following: the position of the person who is responsible for supervising in person the loading or unloading of oil to or from a vessel; the types and quantity of equipment for use in the loading or unloading of oil to or from a vessel and the measures to be taken in order to meet the manufacturer’s specifications in respect of the maintenance and certification of that equipment; the procedures to be followed by the oil handling facility’s personnel before and during the loading or unloading of oil to or from a vessel; the procedures to be followed in order to meet the requirements of subsection 38(2) of the Vessel Pollution and Dangerous Chemicals Regulations and in order to reduce the rate of flow or pressure in a safe and efficient manner when the supervisor on board a vessel gives notice of the stopping of the loading or unloading of oil to or from the vessel to the person referred to in paragraph (a); the measures to be taken in order to meet the requirements of section 33 of the Vessel Pollution and Dangerous Chemicals Regulations and, in the event of failure of the means of communication referred to in that section, in order to ensure that effective two-way communication between the person referred to in paragraph (a) and the supervisor on board the vessel is continuously maintained before and during the loading or unloading of oil to or from the vessel; a description of the lighting to be provided in order to meet the requirements of section 34 of the Vessel Pollution and Dangerous Chemicals Regulations; documentation that demonstrates that the transfer conduit at the oil handling facility meets the requirements of subsection 35(1) of the Vessel Pollution and Dangerous Chemicals Regulations; the measures to be taken in order to meet the requirements of subsection 35(3) of the Vessel Pollution and Dangerous Chemicals Regulations; the procedures to be followed by the person referred to in paragraph (a) in order to meet the requirements of subsection 35(4) of the Vessel Pollution and Dangerous Chemicals Regulations; the procedures to be followed by the operator of the oil handling facility in order to prevent a discharge of oil; a description, by position, of the training that has been or will be provided to the oil handling facility’s personnel who are engaged in the loading or unloading of oil, and to other persons who are so engaged, respecting the procedures to be followed in order to prevent an oil pollution incident, including the frequency of the training; and the procedures to be followed for the review and updating of the plan in order to meet the requirements of section 12. The operator of an oil handling facility must demonstrate in its oil pollution emergency plan that the operator has the ability to meet the requirements relating to the procedures, equipment and resources referred to in section 13 by providing the following information: the procedures to be followed in order to respond to an oil pollution incident; in respect of each type of oil product that is loaded or unloaded to or from a vessel, an oil pollution scenario that in the case of a facility of a class set out in column 1 of the table to section 5, describes the procedures to be followed to respond to a discharge of a quantity of that oil product of at least 1 m3, in the case of a class 1 facility, 5 m3, in the case of a class 2 facility, 15 m3, in the case of a class 3 facility, and 50 m3, in the case of a class 4 facility, in the case of a facility located north of latitude 60° N, describes the procedures to be followed to respond to a discharge of the total quantity of the oil product that could be loaded or unloaded to or from a vessel, up to a maximum of 10,000 tonnes, identifies the assumptions on which that scenario is based, identifies the factors that were taken into account when developing those assumptions, including: the nature of the oil product, the types of vessels in each class referred to in section 2 to or from which the oil product is loaded or unloaded, the tides and currents that exist at the facility, the meteorological conditions that exist at the facility, the surrounding areas of environmental sensitivities that would likely be affected by a discharge, the measures to be taken to minimize the effects of a discharge, and the time necessary to carry out a response to an oil pollution incident in accordance with these Regulations; the activities to be carried out in the event of an oil pollution incident, the order in which and the time within which those activities are to be carried out and the position of the persons responsible for carrying them out, taking into account the following priorities: the safety of the facility’s personnel, the safety of the facility, the safety of the communities living adjacent to the facility, the prevention of fire and explosion, the minimization of the effects of a discharge, the reporting of the oil pollution incident, the environmental impact of a discharge, and the measures to be taken for clean-up following the oil pollution incident, including with respect to areas of environmental sensitivities and surrounding ecosystems; the types and quantity of equipment and resources referred to in subsection 13(2) that are available for immediate use at the location of the discharge; the name of each person or organization and the location from which the equipment and resources will be obtained in the event of an oil pollution incident, and the manner in which the equipment and resources will be deployed at the location of the incident; the position of the persons who are authorized and responsible for ensuring that the response to an oil pollution incident is immediate, effective and sustained; [Repealed, SOR/2025-233, s. 5] a description, by position, of the training that has been or will be provided to the oil handling facility’s personnel or other persons in preparation for the role that they may be requested to undertake in response to an oil pollution incident, including the frequency of the training; a description of the oil pollution incident simulation exercise program that is used to evaluate the effectiveness of the procedures, equipment and resources set out in the plan and that is coordinated with the Minister and, if possible, with the persons, entities and vessels that may be involved in an oil pollution incident or that may be requested to respond to such an incident; a schedule for implementing the exercise program; the measures to be taken by the operator, in accordance with applicable federal and provincial regulations relating to health and safety, to protect the health and safety of personnel and of other individuals who are involved in responding to an oil pollution incident at the operator’s request; the procedures to be followed for the review and updating of the plan in order to meet the requirements of section 12; the procedures to be followed by the operator in order to meet the requirements of section 39 of the Vessel Pollution and Dangerous Chemicals Regulations; and the procedures to be followed by the operator to investigate any oil pollution incident in order to determine the causes and contributing factors and the actions that are needed to reduce the risk of reoccurrence. Other plans The operator must ensure that the oil pollution emergency plan takes into account any contingency plan for its geographical area that may affect the facility’s plan, including contingency plans that are issued by the Canadian Coast Guard or provincial or municipal governments. Notification — exercise The operator must submit a written description of any exercise referred to in paragraph (1)(i), other than a notification exercise, to the Minister at least 30 days before the day on which it conducts the exercise. Annual review The operator of an oil handling facility must, each year, review and, if necessary, update its oil pollution prevention plan and oil pollution emergency plan; and submit the up-to-date plans to the Minister or, if there is no update to one or both of the plans, notify the Minister in writing to that effect. Review — events The operator must also review its oil pollution prevention plan and oil pollution emergency plan each time either of the following events occur and, if necessary, update the affected portions of the plans: the identification of a deficiency in either of the plans after an oil pollution incident or an oil pollution incident simulation exercise; any change in the facility’s business practices, policies or operational procedures that could affect the loading or unloading of oil to or from a vessel. Submission of updates — events If the operator updates its oil pollution prevention plan or oil pollution emergency plan under subsection (2), the operator must submit the up-to-date plan to the Minister no later than 90 days after the day on which the event occurs. Record The operator of an oil handling facility must keep a record of the date and the results of each review of the oil pollution prevention plan and the oil pollution emergency plan conducted under subsections (1) and (2), including any updates, and must maintain the record for three years after the day on which it is created. Procedures For the purposes of paragraph 168(1)(e) of the Act, the operator of an oil handling facility must establish and implement procedures that include the immediate shut down of loading or unloading operations and their restart in a manner that would not interfere with the immediate, effective and sustained response to the discharge; the reporting of the discharge in accordance with section 133 of the Vessel Pollution and Dangerous Chemicals Regulations; the coordination of the oil handling facility’s response operation with the activities of the Canadian Coast Guard and federal, provincial and other bodies responsible for, or involved in, the protection of the marine environment; the taking into account by the operator of the oil handling facility of the priorities set out in paragraph 11(1)(c) during the entire response to the discharge; the making available of at least one of the persons referred to in paragraph 11(1)(f) to the Department of Transport and the Canadian Coast Guard during the entire response to the discharge; the measures necessary to ensure that the operator of the oil handling facility is prepared to respond in the event of a discharge of oil of at least the applicable quantity set out in clauses 11(1)(b)(i)(A) to (D); the deployment of the equipment and resources referred to in subsection (2) at the location of the discharge within the time frames set out in that subsection; and the undertaking of an investigation of the discharge in order to determine the causes and contributing factors, and the actions that are needed to reduce the risk of reoccurrence. Equipment and resources The equipment and resources that the operator of the oil handling facility must have available for immediate use in accordance with paragraph 168(1)(e) of the Act are those that are required to contain, control, recover and clean up a discharge of oil of at least the applicable quantity set out in clauses 11(1)(b)(i)(A) to (D); and that can be deployed, if it is possible to do so in a safe, effective and practicable manner, at the location of the discharge, for the purposes of containing and controlling the oil, within one hour after the discovery of the discharge, and for the purposes of recovering the oil and cleaning up, within six hours after the discovery of the discharge. Training record The operator of an oil handling facility must keep a training record for each person who received the training referred to in paragraph 10(k) or 11(1)(h), including the name and position of the person, title of the training and date on which the training was received. Retention and Ministerial access The operator must keep the training record for at least five years after the date of the training or, if the training is valid for more than five years, until the date on which the validity period ends and must make the record available to the Minister upon request. Exercise report The operator of an oil handling facility must submit a report to the Minister within 90 days after the day on which it conducts an exercise that is part of the program referred to in paragraph 11(1)(i) and must include in the report the date on which the exercise was conducted; a description of any simulation that was conducted; a description of the objectives of the exercise, the means used to meet the objectives and an indication of whether the objectives were met; and any deficiencies that were identified, a description of the actions that are planned to address those deficiencies and any possible improvements that could be made to the oil pollution emergency plan or to future exercises. Oil pollution incident report The operator of an oil handling facility must make a report setting out the causes and contributing factors of every oil pollution incident and the actions that are needed to reduce the risk of reoccurrence. Submission of report The operator must submit the report to the Minister within 90 days after the day on which the oil pollution incident occurs. [Repealed, SOR/2025-233, s. 8] Section 1 of the Environmental Response Regulations1 is amended by adding the following in alphabetical order: SOR/2019-252 designated port means a port described in Part 1 of Schedule 1. (port désigné) enhanced response area means a marine region described in Part 3 of Schedule 1. (secteur d’intervention intensive) geographic area means the area in respect of which a response organization is certified under subsection 169(1) of the Act. (zone géographique) operating environment means sheltered waters, unsheltered waters or a shoreline. (milieu d’utilisation) primary area of response means a marine region described in Part 2 of Schedule 1. (secteur primaire d’intervention) recovered materials means oil waste and oily water waste in either liquid or solid form recovered during a response. (matières récupérées) sheltered waters means waters where on-water recovery operations for discharged oil can be carried out effectively without significant disruption by environmental conditions. (eaux abritées) treat means to take measures, in a manner that has the least detrimental impact possible on the environment, for the purpose of restoring, to the extent possible, an operating environment in which an oil pollution incident has occurred to its condition before the incident. (traiter) unsheltered waters means waters where on-water recovery operations for discharged oil may be significantly disrupted by environmental conditions. (eaux ouvertes) The Regulations are amended by adding the following after section 16: Quantity of oil For the purposes of subsection 169(1) of the Act, the prescribed quantity of oil is 10,000 tonnes. Content — response plan A response organization must include the following in its response plan: the response organization’s name and address; a description of its geographic area and an indication of the designated ports, the primary areas of response and any enhanced response areas in the geographic area; the name and position of each member of its permanent personnel who has duties and responsibilities in the event of an oil pollution incident; the names and places of business of the contractors that are or may be contracted by the response organization to respond in the event of an oil pollution incident, as well as a description of their role in the event of such an incident and the number of each contractor’s employees that may be requested to respond at the location affected by the incident, if any; the procedures to be followed for notifying personnel and contractors; a list of the vessels that are not owned by the response organization that may be used to support its response to an oil pollution incident as well as the function of each vessel during response operations; the procedures to be followed for treatment in its geographic area in response to an oil pollution incident; the procedures to be followed to obtain any approval from a governmental authority required in respect of the measures to be taken for the activities referred to in paragraphs 22(a) to (g); a list of the types and quantity of equipment necessary to treat 150 tonnes of discharged oil in each designated port in its geographic area — by estimating that the oil will be allocated according to the percentages for the applicable port set out in column 1 of Part 1 of Schedule 2 — as well as an indication of the operating environments and types of oil for which the equipment will be used; a list of the types and quantity of equipment necessary for on-water containment and on-water recovery and storage of recovered materials, as well as the site where that equipment is stored and the operating environments and types of oil for which the equipment will be used; a list of the types and quantity of equipment necessary for bird hazing; the capacity of each item of equipment to be used for on-water recovery and storage of recovered materials, as determined in accordance with the document entitled Environmental Response Standards, TP 14909, published by the Department of Transport, as amended from time to time, if applicable; the equipment to be used for on-water containment as required by the document entitled Environmental Response Standards, TP 14909, published by the Department of Transport, as amended from time to time, including the length of the equipment as determined in accordance with that document; a description, by role, of the training required for any person who may be requested to respond to an oil pollution incident, including the frequency of the training; a description of its exercise program, referred to in section 26, and the schedule established under subsection 27(1); the measures to be taken by the response organization, in accordance with the applicable federal and provincial regulations, to protect the health and safety of any person who may be requested to respond to an oil pollution incident; its daily hours of operation in the event of a response to an oil pollution incident and how it will allocate its time within those hours to treat its geographic area, including the number of hours dedicated to on-water recovery operations; a description of how it divides its entire geographic area into smaller areas; a list of any plans for its geographic area that it took into account in developing the response plan; and a declaration that the equipment and resources referred to in the response plan are available to the response organization and that the response organization is capable of implementing the procedures included in the response plan. Contingency plan The response plan must take into account any plan issued and made available by the Canadian Coast Guard for the response organization’s geographic area regarding oil pollution incidents. Content — area response plan A response organization’s response plan for a smaller area referred to in paragraph 18(1)(r) must include a description of the area, including its operating environments and geographical boundaries; a description of the types of vessels in each class described in section 2 that are located in the smaller area and of the types of oil transported within that area; a list of any designated ports and oil handling facilities that are located in the smaller area; the site where the equipment and resources necessary to treat the smaller area are located and the time required for the equipment and resources to be deployed or delivered to that area; the lists of the contractors and of the vessels referred to in paragraphs 18(1)(d) and (f), respectively, that may be requested to respond within the smaller area; and a description of the areas of environmental sensitivities within the smaller area, including shoreline types, and the measures to be taken for their treatment. A response organization must, each year, review and, if necessary, update the response plan referred to in section 18; and submit the up-to-date plan to the Minister or, if there is no update to the plan, notify the Minister in writing to that effect. The response organization must also review its response plan each time either of the following events occur and, if necessary, update the affected portions of the plan: the identification of a deficiency in the plan after an oil pollution incident or an oil pollution incident simulation exercise; any change to the information referred to in any of paragraphs 18(1)(i), (j) and (q) or any other change to the response organization’s operations that requires an increase in the quantity of equipment or resources. If the response organization updates its response plan under subsection (2), the response organization must submit the up-to-date plan to the Minister no later than 45 days after the day on which the event occurs. Records A response organization must keep a record of the date and the results of each review of its response plan referred to in section 18, including any updates to the plan. Retention and submission The response organization must keep the information in the record for three years after the day on which the information is recorded and must submit the record to the Minister with the response plan updated under section 20 or with the notice referred to in paragraph 20(1)(b). Procedures — general The procedures referred to in paragraph 18(1)(g) must include measures to be taken to provide on-water containment and on-water recovery; treat and protect areas of environmental sensitivities; treat the different shoreline types; ensure a simultaneous response in all affected operating environments; store recovered materials; haze birds from the location of the oil pollution incident and support wildlife rehabilitation activities of other entities; recover submerged oil; provide equipment and resources to the persons managing the response operation; coordinate response operations with the Canadian Coast Guard and federal, provincial and other bodies responsible for, or involved in, the protection of the environment; treat at least 500 m of shoreline in a day; mobilize the equipment and resources of the response organization within two hours of a request made by a vessel or oil handling facility under an arrangement referred to in paragraph 167(1)(a) or 168(1)(a) of the Act or by the Canadian Coast Guard; and ensure that, in the case of on-water recovery operations for discharged oil in unsheltered waters, the equipment can be safely operated in Beaufort Force 4 conditions. Procedures — daily capacities The procedures referred to in paragraph 18(1)(g) must set out, for an oil pollution incident of 150 tonnes, 1,000 tonnes, 2,500 tonnes and 10,000 tonnes of oil, the following daily capacities: the daily capacity of primary storage and of resources and equipment for containment and recovery necessary to recover on water — from the sheltered waters and unsheltered waters of the applicable port or marine region set out in column 1 of the applicable Part of Schedule 2 — the corresponding percentage of oil set out in columns 3 and 4 of that Schedule within 10 days after the day on which the resources and equipment are deployed to or delivered in the affected operating environment; the daily capacity of primary storage and of resources and equipment for containment and recovery necessary to recover on water — from the applicable port or marine region set out in column 1 of the applicable Part of Schedule 2 — 10% of the corresponding percentage of oil set out in column 2, within 50 days after the day on which the resources and equipment are deployed to or delivered in the affected operating environment; and the daily capacity of the secondary storage necessary to recover, from the surface of the waters referred to in paragraphs (a) and (b), double the capacity of primary storage referred to in each of those paragraphs. Interpretation The following definitions apply in this section. primary storage means the equipment used to store recovered materials before the recovered materials are transferred to secondary storage. (entreposage primaire) secondary storage means the equipment used to store recovered materials before the recovered materials are transported for final disposal. (entreposage secondaire) Deployment or delivery The procedures referred to in paragraph 18(1)(g) must provide for the deployment of equipment and resources required to treat 150 tonnes of oil in a designated port to the affected operating environment within six hours of a request referred to in paragraph 22(k) having been made; the deployment of equipment and resources required to treat 1,000 tonnes of oil in a designated port to the affected operating environment within 12 hours of a request referred to in paragraph 22(k) having been made; the delivery of equipment and resources required to treat 2,500 tonnes of oil in the part of a primary area of response that is located outside of a designated port or in an enhanced response area to the affected operating environment within 18 hours of a request referred to in paragraph 22(k) having been made; the delivery of equipment and resources required to treat 10,000 tonnes of oil in the part of a primary area of response located outside of a designated port or in an enhanced response area to the affected operating environment within 72 hours of a request referred to in paragraph 22(k) having been made; the delivery of equipment and resources required to treat 2,500 tonnes of oil in any other marine region in the geographic area of the response organization, within the time set out in paragraph (c) plus the additional time necessary to travel, at an average travel speed, to the affected operating environment from the nearest primary area of response or enhanced response area; and the delivery of equipment and resources required to treat 10,000 tonnes of oil in any other marine region in the geographic area of the response organization to the affected operating environment within the time set out in paragraph (d) plus the additional time necessary to travel, at an average travel speed, from the nearest primary area of response or enhanced response area. Estimated number of hours The procedures referred to in paragraph 18(1)(g) must provide the estimated number of hours required for the equipment and resources referred to in subsection (1) to be deployed or delivered to the affected operating environment. Definition of average travel speed For the purposes of paragraphs (1)(e) and (f), average travel speed means a speed of 6 knots by sea; 65 km/h by land; and 100 knots by air. Training The training that a response organization must provide under paragraph 171(c) of the Act must prepare a person who may be requested to respond to an oil pollution incident to undertake their role in the response; and be training that the response organization determines to be necessary for the following classes of persons according to the role that they may be requested to undertake in the event of an oil pollution incident: the response organization’s permanent personnel, the response organization’s contractors, and any other persons who may be requested to respond on short notice to an oil pollution incident. A response organization must keep a training record for each person referred to in paragraph 18(1)(n), other than a person who may be requested to respond on short notice to an oil pollution incident, including the name and position of the person, title of the training and date on which the training was received. A response organization must keep the training record for a period of at least five years after the date of the training or, if the training is valid for more than five years, until the date on which the validity period ends. The response organization must make the record available to the Minister upon request. Type of exercises A response organization’s exercise program must include oil pollution incident simulation exercises, other than notification exercises but including equipment deployment exercises that evaluate the effectiveness of the procedures, equipment and resources set out in the response plan referred to in section 18; and notification exercises to verify the response organization’s ability to notify, as soon as feasible, the personnel referred to in paragraph 18(1)(c) and the contractors referred to in paragraph 18(1)(d) and verify their availability. Coordination The exercises referred to in paragraph (1)(a) must be coordinated with the Minister and, if possible, with the persons, entities and vessels that may be involved in an oil pollution incident or that may be requested to respond to such an incident. Number of exercises A response organization must conduct at least eight exercises referred to in paragraph (1)(a) for each primary area of response over the three-year period that begins on the day on which a certificate of designation is issued to the response organization, including at least one exercise simulating a discharge of each of the following quantities of oil with respect to each primary area of response: at least 120 tonnes, at least 800 tonnes, at least 2,000 tonnes, subject to subsection (5), at least 8,000 tonnes; and four notification exercises each year for each primary area of response. Enhanced response area A response organization must conduct at least one exercise referred to in paragraph (1)(a) that simulates a discharge of a quantity of oil equivalent to that described in any of subparagraphs (3)(a)(i) to (iv) with respect to each enhanced response area, if any. The exercise counts towards one of the eight exercises referred to in paragraph (3)(a) for the primary area of response that is nearest to the enhanced response area in respect of which the exercise is conducted. More than one primary area of response If a response organization has more than one primary area of response, the exercise referred to in subparagraph (3)(a)(iv) may be conducted only once in its geographic area. Exercise program schedule A response organization must establish a schedule by primary area of response that specifies the year in which it plans to conduct each exercise referred to in paragraph 26(1)(a), the quantity of discharged oil that the exercise will simulate and, in the case of an exercise referred to in subsection 26(4), the enhanced response area in respect of which the exercise will take place. Changes to schedule A response organization must not make any changes to the schedule without the approval of the Minister. Request of Minister A response organization must, at the request of the Minister, conduct an exercise referred to in paragraph 26(1)(a) and that exercise counts, for the primary area of response that is nearest to the location in respect of which the exercise is conducted, as an exercise referred to in any of subparagraphs 26(3)(a)(i) to (iv) with respect to the equivalent quantity of oil. Ministerial involvement A response organization must collaborate with the Minister in the development of each exercise referred to in paragraph 26(1)(a) from the beginning of its development and take into account the Minister’s comments. Amendment or addition of objectives A response organization must amend any objective of or add an objective to an exercise at the request of the Minister. Stakeholder involvement A response organization must invite local Indigenous groups and other local stakeholders to participate in the exercises referred to in paragraph 26(1)(a). A response organization must submit a report to the Minister within 45 days after the day on which it conducts an exercise and must include in the report any deficiencies that were identified, a description of the actions that are planned to address those deficiencies and any possible improvements that could be made to the response plan referred to in section 18 or to future exercises. Evidence A response organization must submit to the Minister upon request and in the form and manner specified by the Minister, any evidence, including demonstrations, that the Minister determines is necessary to establish that the response organization is capable of responding to an oil pollution incident of up to 10,000 tonnes of oil in an operating environment in its geographic area. Notice A response organization must notify the Minister as soon as feasible after it responds to an oil pollution incident or to any other incident that could affect its ability to respond to an oil pollution incident. Written confirmation — vessels A response organization must obtain written confirmation from the owner or operator of a vessel referred to in paragraph 18(1)(f), and submit the confirmation to the Minister upon request, that the vessel is able to perform the tasks assigned to it and is compliant with regulations that apply to performing the tasks; and able to operate safely in unsheltered waters in Beaufort Force 4 conditions when performing the tasks assigned to it, if it is intended to perform the tasks in unsheltered waters. Operating hours — vessels A response organization must obtain from the owner or operator of each vessel referred to in paragraph 18(1)(f) a written statement setting out that vessel’s operating hours. Equipment at designated port The equipment referred to in paragraph 18(1)(i) with respect to a designated port must be kept at that designated port, unless the Minister permits its removal. Cancellation of certification For the purposes of subsection 169(6) of the Act, the Minister may cancel a response organization’s certificate of designation beginning on the day on which the response organization becomes insolvent; commits an act of bankruptcy; is dissolved; or abandons or transfers its business. Suspension or cancellation of certification For the purposes of subsection 169(6) of the Act, the Minister may suspend or cancel a response organization’s certificate of designation if the Minister considers that the response organization is not compliant with the requirements that apply to it under the Act or if the Minister is of the opinion that it is in the public interest to do so. Request to renew certification A response organization must submit any application to renew its certificate to the Minister at least 90 days before the day on which the current certificate of designation expires. Fees — notice For the purposes of subsection 170(2) of the Act, a response organization or a qualified person must publish the fees that they propose to charge in the Canada Gazette, Part I. The Regulations are amended by adding, after section 39, the Schedules 1 and 2 set out in the schedule to these Regulations.