CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Environmental Emergency RegulationsP.C.2003-1293 20038
20
Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999a, the Minister of the Environment published in the Canada Gazette, Part I, on August 10, 2002, a copy of the proposed Environmental Emergency Regulations, substantially in the form set out in the annexed Regulations, 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;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 6 of that Act;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, 1999a, hereby makes the annexed Environmental Emergency Regulations.S.C. 1999, c. 33INTERPRETATIONThe 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 Division of the American Chemical Society. (numéro d’enregistrement CAS)environmental emergency plan means a plan respecting the prevention of, preparedness for, response to and recovery from an environmental emergency in respect of a substance. (plan d’urgence environnementale)LIST OF SUBSTANCESFor the purposes of the definition substance in section 193 of the Act, the list of substances consists of the substances set out in column 1 of Schedule 1 in their pure form or in a mixture that has a concentration equal to or greater than the applicable concentration set out in column 2 but does not includea substance set out in column 1 of Part 1 of Schedule 1 that is a component of a mixture that has a flash point equal to or greater than 23°C or a boiling point equal to or greater than 35°C;a substance set out in column 1 of Part 2 of Schedule 1 when the substance is a gas or a liquid that is a component of a mixture and the partial pressure of the substance is equal to or less than 10 mm of mercury;a substance set out in column 1 of Part 1 of Schedule 1 that is a component of natural gas in its gaseous form;a substance that is subject to the Transportation of Dangerous Goods Act, 1992 or the Canada Shipping Act, 2001, unless the substance is being loaded or unloaded at a facility; andsolid nickel oxide in particles that measure more than 10 μm (microns) in diameter.
SOR/2011-294, s. 1.
Previous VersionIDENTIFICATION OF PLACESAny person who owns or has the charge, management or control of a substance set out in column 1 of Schedule 1 that is located at a place in Canada, must submit to the Minister a notice containing the information requested in Schedule 2 for each such place in either of the following circumstances:the substance is in a quantity that at any time is equal to or exceeds the quantity set out in column 3 of Schedule 1 for that substance; orthe substance is in a quantity that is greater than zero and is stored in a container that has a maximum capacity equal to or exceeding the quantity set out in column 3 of Schedule 1 for that substance.In determining quantity for the purposes of subsection (1), the person must include all quantities of the substance that are located at the place, whether in storage or in use, except the following:quantities of the substance that are temporarily stored for 72 hours or less in a container not normally located at the place, if the person keeps evidence during the temporary storage period of the date the substance was received;quantities of the substance in a container that has a maximum capacity of 30 kg or less;quantities of the substance when it is a component of another substance set out in column 1 of Schedule 1;[Repealed, SOR/2011-294, s. 2]quantities of the substance in a fuel tank that supplies the engine of a conveyance that is used for transportation;quantities of the substance that are found in slag, waste rock in tailings, solid residues, ores and ore concentrates;in the case of the substances set out in column 1 of Part 2 of Schedule 1 and bearing CAS registry number 7664-41-7, namely, anhydrous ammonia and ammonia solution, the quantities of those substances that are stored by a farmer and used by them as an agricultural nutrient; andin the case of the substance set out in column 1 of Part 1 of Schedule 1 and bearing CAS registry number 74-98-6, namely, propane, the quantity that is in a storage container that has a maximum capacity of less than 10 t and is located at a distance of at least 360 m from the boundaries of the property on which it is located.The person must submit the notice within 90 days after the later ofthe day on which these Regulations come into force, andthe day on which either of the circumstances under paragraph (1)(a) or (b) first occurs.The person must resubmit the notice referred to in subsection (1) within 60 days after the occurrence of any of the following changes:any change to the information provided to the Minister under section 1 or 2 of Schedule 2; orany increase of 10% or more in the maximum expected quantity of a substance reported under paragraph 3(d) of Schedule 2.The person must notify the Minister within 90 days after the quantity of the substance located at the place or the maximum capacity of the largest container in which the substance is stored, has for 12 consecutive months been less than the quantity set out for the substance in column 3 of Schedule 1.A person who intends to close or decommission a facility or place where the substance is located for any purpose other than maintenance must send a notice to the Minister at least 30 days before the closure or decommissioning of the facility or place, or as soon as feasible in the case of extraordinary circumstances such as fire, major accident, vandalism, natural disaster or act of terrorism, and the notice must contain the information referred to in Schedule 6.At the same time as a person submits information required under subsection (1), (4), (5) or (5.1), the person must submit to the Minister, in the form set out in Schedule 3, a certification that the information contained in the notice is accurate and complete and that is signed by the person or a duly authorized representative.
SOR/2011-294, s. 2.
Previous VersionENVIRONMENTAL EMERGENCY PLANSubject to section 7, a person required to submit a notice to the Minister under subsection 3(1) must prepare an environmental emergency plan with respect to the substance referred to in that subsection in the following circumstances:if the substance is set out in column 1 of Part 1 of Schedule 1 and is not part of a mixture, andthe maximum expected quantity of the substance that was reported under paragraph 3(d) of Schedule 2 is equal to or exceeds the quantity set out in column 3 of Schedule 1 for that substance, andthe substance is in a storage container that has a maximum capacity equal to or exceeding the quantity set out in column 3 of Schedule 1;if the substance is set out in column 1 of Part 1 of Schedule 1 and is a component in a mixture, other than a mixture that is a substance set out in column 1 of Schedule 1, andthe mixture is in a quantity that is equal to or exceeds 4.5 tonnes, andthe mixture is in a storage container that has a maximum capacity equal to or exceeding 4.5 tonnes;if the substance is set out in column 1 of Part 2 of Schedule 1, andthe maximum expected quantity of the substance that was reported under paragraph 3(d) of Schedule 2 is equal to or exceeds the quantity set out in column 3 of Schedule 1 for that substance, andthe substance is in a storage container that has a maximum capacity equal to or exceeding the quantity set out in column 3 of Schedule 1 for that substance; andif the substance is set out in column 1 of Part 3 of Schedule 1, andthe maximum expected quantity of the substance that was reported under paragraph 3(d) of Schedule 2 is equal to or exceeds the quantity set out in column 3 of Schedule 1 for that substance, andthe substance is in a storage container that has a maximum capacity equal to or greater than the quantity set out in column 3 of Schedule 1 for that substance.In preparing an environmental emergency plan with respect to a substance, the person must consider the following factors:the properties and characteristics of the substance and the maximum expected quantity of the substance at the place at any time during a calendar year;the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared;the characteristics of the place where the substance is located and of the surrounding area that may increase the risk of harm to the environment or of danger to human life or health; andthe potential consequences from an environmental emergency on the environment and on human life or health.The environmental emergency plan must include:a description of the factors considered under subsection (2);the identification of any environmental emergency that can reasonably be expected to occur at the place and that would likely cause harm to the environment or constitute a danger to human life or health, and identification of the harm or danger;a description of the measures to be used to prevent, prepare for, respond to and recover from any environmental emergency identified under paragraph (b);a list of the individuals who are to carry into effect the plan in the event of an environmental emergency and a description of their roles and responsibilities;the identification of the training required for each of the individuals listed under paragraph (d);a list of the emergency response equipment included as part of the environmental emergency plan, and the equipment’s location; anda description of the measures to be taken by the person referred to in subsection (1) to notify members of the public who may be adversely affected by an environmental emergency and to inform them of those measures and of what to do in the event of an environmental emergency.For each place, the person must submit to the Minister a report containing the information requested in Schedule 4 within six months after the later ofthe day on which these Regulations come into force, andthe day on which the person is first required to prepare an environmental emergency plan under subsection (1).At the same time as a person submits the report under subsection (4), the person shall submit to the Minister, in the form set out in Schedule 3, a certification that the information contained in the report is accurate and complete, signed by the person or a duly authorized representative.
SOR/2011-294, s. 3.
Previous VersionA person referred to in subsection 4(1) must implement and test the environmental emergency plan referred to in section 4 or 7 and submit a notice to the Minister with the information requested in Schedule 5 within one year after the later ofthe day on which these Regulations come into force, andthe day on which the person is first required to prepare an environmental emergency plan under subsection 4(1).At the same time as the person submits the notice under subsection (1), the person must submit to the Minister, in the form set out in Schedule 3, a certification that states that the information contained in the notice is accurate and complete and that is signed by the person or a duly authorized representative.
SOR/2011-294, s. 4(E).
Previous VersionThe person referred to in subsection 5(1) must update and test the environmental emergency plan at least once each calendar year to ensure that it continues to meet the requirements of subsections 4(2) and (3).The person must keep a copy of the plan readily available for the individuals who are to carry into effect the plan in the event of an environmental emergency and, if the place where one or more substances are located is a place of work, a copy must be available at that place.The person must keep with the plan, a record of the results from the annual updates and tests for a period of not less than five years beginning on the day the record is made.
SOR/2011-294, s. 5.
Previous VersionIf a person, required to prepare a plan under subsection 4(1), has prepared an environmental emergency plan with respect to one or more of the substances set out in column 1 of Schedule 1 on a voluntary basis or for another government or under another Act of Parliament and the plan meets the requirements of subsections 4(2) and (3), the person may use that plan for the purposes of meeting those requirements.If a person has a plan that is described in subsection (1) except that the plan does not meet all of the requirements of subsections 4(2) and (3), the person may use the plan if they amend the plan so that it meets all of those requirements.If a person amends a plan in accordance with subsection (2), that person must submit to the Minister a report that describes the amended plan and that contains the information requested in Schedule 4 within six months after the day referred to in paragraph 4(4)(b).
SOR/2011-294, s. 6.
Previous VersionThe notices and reports referred to in subsections 3(1), (4) and (5), 4(4) and 5(1) must be submitted in writing, or in electronic format, if any, that is provided by the Department of the Environment.ENVIRONMENTAL EMERGENCIESWhen an environmental emergency occurs in respect of a substance set out in column 1 of Schedule 1, the person who is designated, for the purpose of paragraph 201(1)(a) of the Act, to be provided with a written report is the Regional Director of the Environmental Enforcement Division of the Enforcement Branch of the Department of the Environment in the region where the environmental emergency occurs.The report must include the following information:the name, civic address and telephone number of the person who owns or has the charge, management or control of the substance released;the date, time and location of the release;the name and CAS registry number of the substance released;the quantity of the substance released or, if the quantity cannot be determined, an estimate of it;the identification of the container from which the substance was released and a description of its condition;the location of the release and a description of potential negative effects on the environment or on human life or health;a description of the circumstances and of the cause of the release, if known, and of the measures taken to mitigate any negative effects on the environment or on human life or health;the identification of all persons and agencies that were notified as a result of the release; andall measures taken or planned to be taken to prevent similar releases.
SOR/2011-294, s. 7.
Previous VersionCOMING INTO FORCEThese Regulations come into force 90 days after the day on which they are registered.(Section 2, subsections 3(1), (2) and (5), 4(1) and 7(1))LIST OF SUBSTANCESSUBSTANCES LIKELY TO EXPLODE
Note: The percentage concentration in column 2 is the percentage concentration based on the proportion of the weight of the substance to the weight of the mixture.
SOR/2011-294, s. 8.
Previous Version(Subsections 3(1), (4) and 4(1))INFORMATION TO BE SUBMITTED IN THE NOTICE REGARDING THE IDENTIFICATION OF SUBSTANCE AND PLACEPlace where one or more substances are located:a description of the place or the facility name (if applicable), civic address and location by latitude and longitude; andthe names, position titles, e-mail addresses (if any), telephone numbers and fax numbers (if any) of the contact person and their alternate.Head office (if different from above):name and address; andthe names, position titles, e-mail addresses (if any), telephone numbers and fax numbers (if any) of the contact person and their alternate.For each substance located at the place:the name of the substance;the CAS registry number;the UN number (if applicable);the maximum expected quantity of the substance at any time during the calendar year;the maximum capacity of the largest container in which the substance is stored;the maximum expected quantity of the mixture (if applicable); andthe concentration of the substance within the mixture (if applicable).
I hereby certify that the information provided with respect to Schedule to the Environmental Emergency Regulations is accurate and complete.(Signature of the person or duly authorized representative)Name (please print):Title:Date:
(Subsections 4(4) and 7(3))INFORMATION TO BE SUBMITTED IN THE REPORT REGARDING THE PREPARATION OF AN ENVIRONMENTAL EMERGENCY PLANPlace where one or more substances are located:a description of the place or the facility name (if applicable), civic address and location by latitude and longitude; andthe name of each substance.Use of prior plans:indicate whether the environmental emergency plan was based on a plan prepared on a voluntary basis;indicate whether the environmental emergency plan was based on a plan prepared for another government and provide particulars, if applicable; andindicate whether the environmental emergency plan was based on a plan prepared under another Act of Parliament and provide particulars, if applicable.Local-level involvement:give the name of the local authorities, community or interest groups that have been involved in the plan’s development, if any; andidentify whether the plan or its relevant parts were made available to the appropriate local authorities (such as police and fire departments) that may be involved in an emergency response.Information for each substance covered by an environmental emergency plan:the name, CAS registry number and UN number (if applicable) of the substance; andthe nature of activities at the place where the substance is located.The date on which the preparation of the environmental emergency plan or an amendment to the plan referred to in subsection 7(2) was completed.The location of the environmental emergency plan if it is different from the place where one or more substances are located.
SOR/2011-294, ss. 13 to 15.
Previous Version(Subsection 5(1))INFORMATION TO BE SUBMITTED IN THE NOTICE OF THE IMPLEMENTATION AND TESTING OF AN ENVIRONMENTAL EMERGENCY PLANPlace where one or more substances are located:a description of the place or the facility name (if applicable), civic address and location by latitude and longitude; andthe name of each substance.The implementation and testing of the environmental emergency plan for the substances mentioned in section 1:the date of testing; andthe list of all local authorities, community or interest groups, if any, that have been involved in the testing of the plan.
SOR/2011-294, s. 16.
Previous Version(Subsection 3(5.1))INFORMATION TO BE SUBMITTED IN THE NOTICE OF CLOSURE OR DECOMMISSIONINGPlace where one or more substances are located:a description of the place or the facility name (if applicable), civic address and location by latitude and longitude;the name of each substance;the quantity of each substance remaining at the place or facility; andthe names, position titles, e-mail address (if any), telephone numbers and fax numbers (if any) of the contact person and their alternate.The closing or decommissioning date for the facility or place.A description of the measures taken to prevent and to respond to an environmental emergency when the facility or place closes or is decommissioned.