5. (1) A 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 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 4(1).
(2) 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).
6. (1) The 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).
(2) 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.
(3) 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.
7. (1) If 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.
(2) 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.
(3) 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.
8. The 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.
9. (1) When 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.
(2) The report must include the following information:
(a) the name, civic address and telephone number of the person who owns or has the charge, management or control of the substance released;
(b) the date, time and location of the release;
(c) the name and CAS registry number of the substance released;
(d) the quantity of the substance released or, if the quantity cannot be determined, an estimate of it;
(e) the identification of the container from which the substance was released and a description of its condition;
(f) the location of the release and a description of potential negative effects on the environment or on human life or health;
(g) 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;
(h) the identification of all persons and agencies that were notified as a result of the release; and
(i) all measures taken or planned to be taken to prevent similar releases.
- SOR/2011-294, s. 7.
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