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Marginal note:Annual review

• 12 (1) The operator of an oil handling facility must review the oil pollution prevention plan and the oil pollution emergency plan annually and, if necessary, update the plans to ensure that they meet the requirements of section 10 or 11, as the case may be.

• Marginal note:Review — events

  (2) The operator of an oil handling facility must review the oil pollution prevention plan and the oil pollution emergency plan when any of the following events occur and, if necessary, update those plans within 90 days after the day on which the event occurred:

  • (a) any change in the law or in environmental factors that could affect the loading or unloading of oil to or from a vessel;

  • (b) any change in personnel involved in the loading or unloading of oil to or from a vessel;

  • (c) the identification of a gap in either of the plans after an oil pollution incident or exercise; and

  • (d) any change in the business practices, policies or operational procedures of the facility that could affect the loading or unloading of oil to or from a vessel.

• Marginal note:Submission of updates to Minister

  (3) If the operator of an oil handling facility updates the oil pollution prevention plan or the oil pollution emergency plan, the operator must submit the up-to-date plan to the Minister no later than one year after the update.

• Marginal note:Record

  (4) The operator of an oil handling facility must keep a record of the date and the results of each review of the oil pollution prevention plan and the oil pollution emergency plan conducted under subsections (1) and (2), including any updates, and must maintain the record for three years after the day on which it is created.

Marginal note:Content

• 11 (1) The operator of an oil handling facility must demonstrate in its oil pollution emergency plan that the operator has the ability to meet the requirements relating to the procedures, equipment and resources referred to in section 13 by providing the following information:

  • (a) the procedures to be followed in order to respond to an oil pollution incident;

  • (b) in respect of each type of oil product that is loaded or unloaded to or from a vessel, an oil pollution scenario that

    • (i) in the case of a facility of a class set out in the table to section 5 located at or south of latitude 60° N, describes the procedures to be followed to respond to a discharge of a quantity of that oil product of at least

      [...]

    • (ii) in the case of a facility located north of latitude 60° N, describes the procedures to be followed to respond to a discharge of the total quantity of the oil product that could be loaded or unloaded to or from a vessel, up to a maximum of 10,000 tonnes,

    • [...]

    • (iv) identifies the factors that were taken into account when developing those assumptions, including:

      • (A) the nature of the oil product,

      • (B) the types of vessels to or from which the oil product is loaded or unloaded,

      • [...]

      • (G) the time necessary to carry out a response to an oil pollution incident in accordance with these Regulations;

  • (c) the activities to be carried out in the event of an oil pollution incident, the order in which and the time within which those activities are to be carried out, and the name and the position of the persons responsible for carrying them out, taking into account the following priorities:

    • [...]

    • (vi) the reporting of the oil pollution incident,

    • [...]

    • (viii) the measures to be taken for clean-up following the oil pollution incident, including with respect to areas of environmental sensitivities and surrounding ecosystems;

  • [...]

  • (e) the name of each person or organization and the location from which the equipment and resources will be obtained in the event of an oil pollution incident, and the manner in which the equipment and resources will be deployed at the location of the incident;

  • (f) the name and the position of the persons who are authorized and responsible for ensuring that the response to an oil pollution incident is immediate, effective and sustained;

  • (g) the name or the position of each person who has received oil pollution incident response training or any other training in relation to an oil pollution incident;

  • (h) a description of the training provided, or to be provided, to the oil handling facility’s personnel or other individuals in preparation for the responsibilities that they may be requested to undertake in response to an oil pollution incident;

  • (i) an oil pollution incident exercise program established to evaluate the effectiveness of all aspects of the procedures, equipment and resources that are identified in the plan, including exercises to be coordinated with vessels engaged in the loading or unloading of oil, vessels used to respond to oil pollution incidents, response organizations, the Department of Transport and the Canadian Coast Guard;

  • (j) the measures to be taken by the operator, in accordance with applicable federal and provincial regulations relating to health and safety, to protect the health and safety of personnel and of other individuals who are involved in responding to an oil pollution incident at the operator’s request;

  • [...]

  • (m) the procedures to be followed by the operator to investigate any oil pollution incident in order to determine the causes and contributing factors and the actions that are needed to reduce the risk of reoccurrence.

• Marginal note:Other plans

  (2) The operator must ensure that the oil pollution emergency plan takes into account any contingency plan for its geographical area that may affect the facility’s plan, including contingency plans that are issued by the Canadian Coast Guard or provincial or municipal governments.

Marginal note:Content

10 The oil pollution prevention plan must contain the following:

• (a) the position of the person who is responsible for supervising in person the loading or unloading of oil to or from a vessel;

• (b) the types and quantity of equipment for use in the loading or unloading of oil to or from a vessel and the measures to be taken in order to meet the manufacturer’s specifications in respect of the maintenance and certification of that equipment;

• (c) the procedures to be followed by the oil handling facility’s personnel before and during the loading or unloading of oil to or from a vessel;

• (d) the procedures to be followed in order to meet the requirements of subsection 38(2) of the Vessel Pollution and Dangerous Chemicals Regulations and in order to reduce the rate of flow or pressure in a safe and efficient manner when the supervisor on board a vessel gives notice of the stopping of the loading or unloading of oil to or from the vessel to the person referred to in paragraph (a);

• (e) the measures to be taken in order to meet the requirements of section 33 of the Vessel Pollution and Dangerous Chemicals Regulations and, in the event of failure of the means of communication referred to in that section, in order to ensure that effective two-way communication between the person referred to in paragraph (a) and the supervisor on board the vessel is continuously maintained before and during the loading or unloading of oil to or from the vessel;

• [...]

• (g) documentation that demonstrates that the transfer conduit at the oil handling facility meets the requirements of subsection 35(1) of the Vessel Pollution and Dangerous Chemicals Regulations;

• [...]

• (j) the procedures to be followed by the operator of the oil handling facility in order to prevent a discharge of oil;

• (k) a description of the training provided, or to be provided, to the oil handling facility’s personnel who are engaged in the loading or unloading of oil respecting the procedures to be followed in order to prevent an oil pollution incident, including the frequency of the training; and

Marginal note:Classes

• 2 (1) The following classes of vessels are prescribed for the purposes of subsection 167(1) of the Act:

  • (a) oil tankers of 150 gross tonnage or more;

  • (b) vessels, other than oil tankers, of 400 gross tonnage or more that carry oil as cargo or as fuel; and

  • (c) vessels that carry oil as cargo or as fuel and that are engaged in towing or pushing at least one other vessel that carries oil as cargo or as fuel, if the combined gross tonnage of the vessels is 150 gross tonnage or more.

• (2) The classes of vessels that are prescribed by subsection (1) do not include

  • (a) foreign vessels that are only transiting in the territorial sea of Canada or the exclusive economic zone of Canada and are not engaged in the loading or unloading of oil during transit;

• Marginal note:Definition of oil tanker

  (3) In this section, oil tanker means a vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes the following vessels that are carrying a cargo or part cargo of oil in bulk:

  • (a) a combination carrier, which is a vessel designed to carry oil or solid cargoes in bulk;

  • (b) an NLS tanker, which is a vessel constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an oil tanker that is certified to carry a cargo or part cargo of noxious liquid substances in bulk; and

Marginal note:Procedures

• 13 (1) The procedures referred to in paragraph 168(1)(e) of the Act must include the following:

  • [...]

  • (c) the coordination of the oil handling facility’s response operation with the activities of the Canadian Coast Guard and federal, provincial and other bodies responsible for, or involved in, the protection of the marine environment;

  • (d) the taking into account by the operator of the oil handling facility of the priorities set out in paragraph 11(1)(c) during the entire response to the discharge;

  • [...]

  • (f) the measures necessary to ensure that the operator of the oil handling facility is prepared to respond in the event of a discharge of oil of at least the applicable quantity set out in clauses 11(1)(b)(i)(A) to (D);

• Marginal note:Equipment and resources

  (2) The equipment and resources that the operator of the oil handling facility must have available for immediate use in accordance with paragraph 168(1)(e) of the Act are those

  • (a) that are required to contain, control, recover and clean up a discharge of oil of at least the applicable quantity set out in clauses 11(1)(b)(i)(A) to (D); and

  • (b) that can be deployed, if it is possible to do so in a safe, effective and practicable manner, at the location of the discharge,

    • (i) for the purposes of containing and controlling the oil, within one hour after the discovery of the discharge, and

    • (ii) for the purposes of recovering the oil and cleaning up, within six hours after the discovery of the discharge.