Environmental Emergency Regulations (SOR/2003-307)

Regulations are current to 2017-06-19 and last amended on 2011-12-08. Previous Versions

Environmental Emergency Regulations

SOR/2003-307

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2003-08-20

Environmental Emergency Regulations

P.C. 2003-1293  2003-08-20

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999Footnote a, 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, 1999Footnote a, hereby makes the annexed Environmental Emergency Regulations.

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

CAS registry number

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

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 Substances

 For 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 include

  • (a) a 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;

  • (b) 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;

  • (c) a substance set out in column 1 of Part 1 of Schedule 1 that is a component of natural gas in its gaseous form;

  • (d) 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; and

  • (e) solid nickel oxide in particles that measure more than 10 μm (microns) in diameter.

  • SOR/2011-294, s. 1.

Identification of Places

  •  (1) Any 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:

    • (a) 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; or

    • (b) the 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.

  • (2) 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:

    • (a) 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;

    • (b) quantities of the substance in a container that has a maximum capacity of 30 kg or less;

    • (c) quantities of the substance when it is a component of another substance set out in column 1 of Schedule 1;

    • (d) [Repealed, SOR/2011-294, s. 2]

    • (e) quantities of the substance in a fuel tank that supplies the engine of a conveyance that is used for transportation;

    • (f) quantities of the substance that are found in slag, waste rock in tailings, solid residues, ores and ore concentrates;

    • (g) 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; and

    • (h) in 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.

  • (3) The person must submit the notice within 90 days after the later of

    • (a) the day on which these Regulations come into force, and

    • (b) the day on which either of the circumstances under paragraph (1)(a) or (b) first occurs.

  • (4) The person must resubmit the notice referred to in subsection (1) within 60 days after the occurrence of any of the following changes:

    • (a) any change to the information provided to the Minister under section 1 or 2 of Schedule 2; or

    • (b) any increase of 10% or more in the maximum expected quantity of a substance reported under paragraph 3(d) of Schedule 2.

  • (5) 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.

  • (5.1) 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.

  • (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.

Environmental Emergency Plan

  •  (1) Subject 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:

    • (a) if the substance is set out in column 1 of Part 1 of Schedule 1 and is not part of a mixture, and

      • (i) the 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, and

      • (ii) the 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;

    • (b) 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, and

      • (i) the mixture is in a quantity that is equal to or exceeds 4.5 tonnes, and

      • (ii) the mixture is in a storage container that has a maximum capacity equal to or exceeding 4.5 tonnes;

    • (c) if the substance is set out in column 1 of Part 2 of Schedule 1, and

      • (i) the 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, and

      • (ii) the 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; and

    • (d) if the substance is set out in column 1 of Part 3 of Schedule 1, and

      • (i) the 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, and

      • (ii) the 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.

  • (2) In preparing an environmental emergency plan with respect to a substance, the person must consider the following factors:

    • (a) 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;

    • (b) the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared;

    • (c) 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; and

    • (d) the potential consequences from an environmental emergency on the environment and on human life or health.

  • (3) The environmental emergency plan must include:

    • (a) a description of the factors considered under subsection (2);

    • (b) 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;

    • (c) a description of the measures to be used to prevent, prepare for, respond to and recover from any environmental emergency identified under paragraph (b);

    • (d) 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;

    • (e) the identification of the training required for each of the individuals listed under paragraph (d);

    • (f) a list of the emergency response equipment included as part of the environmental emergency plan, and the equipment’s location; and

    • (g) a 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.

  • (4) 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 of

    • (a) the day on which these Regulations come into force, and

    • (b) the day on which the person is first required to prepare an environmental emergency plan under subsection (1).

  • (5) 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.
 
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