Environmental Emergency Regulations

Version of section 3 from 2006-03-22 to 2011-12-07:

  •  (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 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) quantities of the substance when it is a component of natural gas, except if the natural gas is in liquefied form;

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

    • (f) quantities of a substance that are the object of an activity that is subject to the Transportation of Dangerous Goods Act, during the performance of that activity;

    • (g) quantities of a substance set out in column 1 of Part 1 of Schedule 1 that is a component in a mixture, other than a mixture that is a substance set out in column 1 of Schedule 1, and the mixture has a flash point equal to or greater than 23°C or a boiling point equal to or greater than 35°C; and

    • (h) quantities of a substance set out in column 1 of Part 2 of Schedule 1 when the substance is a gas or a liquid and in a mixture and the partial pressure of the substance is equal to or less than 10 millimetres of mercury.

  • (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.

  • (6) At the same time as a person submits information required under subsection (1), (4) or (5), the person shall 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, signed by the person or a duly authorized representative.