Environmental Emergency Regulations (SOR/2003-307)

Regulations are current to 2014-08-05 and last amended on 2011-12-08. Previous Versions

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.