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

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, having a concentration equal to or greater than the applicable concentration set out in column 2.

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 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.

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; and

    • (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.

  • (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) the measures to be taken to notify members of the public who may be adversely affected by 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.

  •  (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 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.

  •  (1) The person referred to in subsection 5(1) must update and test the environmental emergency plan at least once a year to ensure that the plan 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.

  •  (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.

 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.

Environmental Emergencies

 When an environmental emergency occurs in respect of a substance set out in column 1 of Schedule 1, for the purpose of paragraph 201(1)(a) of the Act, the persons designated to be notified are the persons providing 24-hour emergency telephone service provided by the office set out in column 2 of Schedule 6, and the persons designated to be sent the written report are the persons occupying the positions set out in column 3 of Schedule 6, for the province, set out in column 1 of Schedule 6, where the environmental emergency occurs.

Coming into Force

 These Regulations come into force 90 days after the day on which they are registered.

SCHEDULE 1(Section 2, subsection 3(1), paragraph 3(3)(b), subsections 3(5) and 4(1), paragraphs 4(4)(b) and 5(1)(b), subsection 7(1) and section 9)List of Substances

PART 1

Column 1Column 2Column 3
CAS Registry NumberName of SubstanceUN NumberConcentrationMinimum Quantity (tonnes)
60-29-7ethyl ether (diethyl ether)11551%4.50
71-43-2benzene11141%10.00
74-82-8methane1971 and 19721%4.50
74-84-0ethane1035 and 19611%4.50
74-85-1ethylene1038 and 19621%4.50
74-86-2acetylene10011%4.50
74-89-5methylamine10611%4.50
74-98-6propane19781%4.50
74-99-7methylacetylene (propyne)10601%4.50
75-00-3ethyl chloride10371%4.50
75-01-4vinyl chloride10861%4.50
75-02-5vinyl fluoride18601%4.50
75-04-7ethylamine1036 and 22701%4.50
75-07-0acetaldehyde10891%4.50
75-08-1ethyl mercaptan23631%4.50
75-18-3dimethyl sulphide11641%150.00
75-19-4cyclopropane10271%4.50
75-28-5isobutane19691%4.50
75-29-62-chloropropane (isopropyl chloride)23561%4.50
75-31-0isopropylamine12211%4.50
75-35-4vinylidene chloride13031%4.50
75-37-6difluoroethane (1,1-difluoroethane)10301%4.50
75-38-71,1-difluoroethylene (vinylidene fluoride)19591%4.50
75-50-3trimethylamine1083 and 12971%4.50
75-64-9tert-butylamine  (2-amino-2-methylpropane)11251%150.00
75-76-3tetramethylsilane27491%4.50
78-78-4isopentane (2-methylbutane)12651%4.50
78-79-5isoprene12181%4.50
79-38-9trifluorochloroethylene (chlorotrifluoroethylene)10821%4.50
100-41-4ethylbenzene11751%7000.00
106-97-8butane10111%4.50
106-98-91-butene (alpha-butylene)10121%4.50
106-99-01,3-butadiene10101%4.50
107-00-6ethylacetylene24521%4.50
107-01-72-butene10551%4.50
107-25-5vinyl methyl ether10871%4.50
107-31-3methyl formate12431%4.50
108-88-3toluene12941%2500.00
109-66-0n-pentane (pentane)12651%4.50
109-67-11-pentene11081%4.50
109-92-2vinyl ethyl ether (ethyl vinyl ether)13021%4.50
109-95-5ethyl nitrite11941%4.50
110-82-7cyclohexane11451%550.00
115-07-1propylene10771%4.50
115-10-6dimethyl ether (methyl ether)10331%4.50
115-11-7isobutylene (2-methylpropene)10551%4.50
116-14-3tetrafluoroethylene10811%4.50
124-40-3dimethylamine1032 and 11601%4.50
460-19-5cyanogen10261%4.50
463-49-0propadiene22001%4.50
463-58-1carbonyl sulphide (carbon oxysulfide)22041%4.50
463-82-12,2-dimethylpropane20441%4.50
504-60-91,3-pentadieneNA1%4.50
557-98-22-chloropropene (2-chloropropylene)24561%4.50
563-45-13-methyl-1-butene25611%4.50
563-46-22-methyl-1-butene24591%4.50
590-18-1cis-2-butene (2-butene-cis)10551%4.50
590-21-61-chloropropene (1-chloropropylene)NA1%4.50
598-73-2bromotrifluoroethylene24191%4.50
624-64-6trans-2-butene (2-butene-trans)10551%4.50
627-20-3cis-2-pentene (beta-cis-amylene)NA1%4.50
646-04-8trans-2-pentene (trans-beta-amylene)NA1%4.50
689-97-41-buten-3-yne (vinyl acetylene)NA1%4.50
1330-20-7xylenes13071%8000.00
1333-74-0hydrogen10491%4.50
4109-96-0dichlorosilane21891%4.50
7722-84-1hydrogen peroxide201552%3.40
7775-09-9sodium chlorate149510%10.00
7790-98-9ammonium perchlorate14421%3.40
7791-21-1chlorine monoxide (dichlorine oxide)NA1%4.50
7803-62-5silane22031%4.50
8006-14-2liquefied natural gas19721%4.50
8030-30-6naphtha12681%50.00
10025-78-2trichlorosilane12951%4.50
25167-67-3butylene (butene)10121%4.50
86290-81-5gasoline (motor fuel)12031%150.00

PART 2

Column 1Column 2Column 3
CAS Registry NumberName of SubstanceUN NumberConcentrationMinimum Quantity (tonnes)
50-00-0formaldehyde, solution1198 and 220910%6.80
57-14-71,1-dimethylhydrazine116310%6.80
60-34-4methylhydrazine (monomethyl hydrazine)124410%6.80
67-66-3chloroform (trichloromethane)188810%9.10
74-83-9methyl bromide106210%2.27
74-87-3methyl chloride106310%4.50
74-88-4methyl iodide264410%4.50
74-90-8hydrogen cyanide (hydrocyanic acid)1051, 1613  and 161410%1.13
74-93-1methyl mercaptan106410%4.50
75-15-0carbon disulphide113110%9.10
75-21-8ethylene oxide104010%4.50
75-44-5phosgene10761%0.22
75-55-8propyleneimine192110%4.50
75-56-9propylene oxide128010%4.50
75-74-1tetramethyl leadNA10%4.50
75-77-4trimethylchlorosilane (chlorotrimethylsilane)129810%4.50
75-78-5dimethyldichlorosilane (dichlorodimethylsilane)116210%2.27
75-79-6methyltrichlorosilane125010%2.27
76-06-2chloropicrin (trichloronitromethane)158010%2.27
78-00-2tetraethyl lead164910%2.27
78-82-0isobutyronitrile228410%9.10
79-21-0peroxyacetic acid (peracetic acid)310710%4.50
79-22-1methyl chloroformate123810%2.27
91-08-7toluene-2,6-diisocyanate207810%4.50
106-89-8epichlorohydrin202310%9.10
107-02-8acrolein109210%2.27
107-05-1allyl chloride110010%9.10
107-06-21,2-dichloroethane (ethylene dichloride)118410%6.80
107-07-3ethylene chlorohydrin (2-chloroethanol)113510%4.50
107-11-9allylamine233410%4.50
107-12-0propionitrile240410%4.50
107-13-1acrylonitrile109310%9.10
107-15-3ethylenediamine160410%9.10
107-18-6allyl alcohol109810%6.80
107-30-2chloromethyl methyl ether (methyl chloromethyl ether)123910%2.27
108-05-4vinyl acetate130110%6.80
108-23-6isopropyl chloroformate240710%6.80
108-91-8cyclohexylamine235710%6.80
108-95-2phenol1671, 2312 and 282110%9.10
109-61-5n-propyl chloroformate (propyl chloroformate)274010%6.80
110-00-9furan238910%2.27
110-89-4piperidine240110%6.80
123-73-9trans-crotonaldehyde114310%9.10
126-98-7methylacrylonitrile307910%4.50
151-56-4ethyleneimine118510%4.50
302-01-2hydrazine202910%6.80
353-42-4boron trifluoride dimethyl etherate296510%6.80
463-51-4keteneNA1%0.22
506-68-3cyanogen bromide188910%4.50
506-77-4cyanogen chloride158910%4.50
509-14-8tetranitromethane151010%4.50
542-88-1bis(chloromethyl) ether [dichlorodimethyl ether]22491%0.45
556-64-9methyl thiocyanateNA10%9.10
584-84-9toluene-2,4-diisocyanate207810%4.50
594-42-3perchloromethyl mercaptan167010%4.50
624-83-9methyl isocyanate248010%4.50
630-08-0carbon monoxide101610%6.80
814-68-6acryloyl chloride (acrylyl chloride)NA10%2.27
4170-30-3crotonaldehyde114310%9.10
7439-97-6mercury2809NA1.00
7446-09-5sulphur dioxide107910%2.27
7446-11-9sulphur trioxide182910%4.50
7550-45-0titanium tetrachloride183810%1.13
7616-94-6perchloryl fluoride (trioxychlorofluoride)308310%6.80
7637-07-2boron trifluoride100810%2.27
7647-01-0hydrochloric acid178930%6.80
7647-01-0hydrogen chloride, anhydrous2186 and 105010%2.27
7664-39-3hydrofluoric acid179050%0.45
7664-39-3hydrogen fluoride, anhydrous10521%0.45
7664-41-7ammonia, anhydrous100510%4.50
7664-41-7ammonia solution2073 and 267220%9.10
7697-37-2nitric acid2031 and 203280%6.80
7719-09-7thionyl chloride183610%6.80
7719-12-2phosphorus trichloride180910%6.80
7723-14-0phosphorus, white2447NA1.00
7726-95-6bromine174410%4.50
7782-41-4fluorine10451%0.45
7782-50-5chlorine101710%1.13
7783-06-4hydrogen sulphide105310%4.50
7783-07-5hydrogen selenide22021%0.22
7783-60-0sulphur tetrafluoride241810%1.13
7784-34-1arsenic trichloride (arsenous trichloride)156010%6.80
7784-42-1arsine21881%0.45
7790-94-5chlorosulphonic acid175410%2.27
7803-51-2phosphine219910%2.27
7803-52-3stibine267610%2.27
8014-95-7sulphuric acid, fuming (oleum)1831NA4.50
10025-87-3phosphorus oxychloride181010%2.27
10035-10-6hydrogen bromide (hydrobromic acid)1048 and 178810%1.13
10049-04-4chlorine dioxideNA1%0.45
10102-43-9nitric oxide (nitrogen monoxide)166010%4.50
10102-44-0nitrogen dioxide106710%1.13
10294-34-5boron trichloride174110%2.27
13463-39-3nickel carbonyl12591%0.45
13463-40-6iron pentacarbonyl199410%1.13
19287-45-7diborane191110%1.13
20816-12-0osmium tetroxide24711%0.22
26471-62-5toluene diisocyanate207810%4.50
  • NOTE: 
    The percentage concentration in column 2, is the percentage concentration based on the proportion of the weight of the substance to the weight of the mixture.

SCHEDULE 2(Subsections 3(1) and (4) and subparagraphs 4(1)(a)(i) and (c)(i))Information To Be Submitted in the Notice Regarding the Identification of Substance and Place

  • 1 Place where one or more substances are located:

    • (a) the facility name (or description), civic address and location by latitude and longitude; and

    • (b) for a contact person and alternate contact person, their name or the title of their position, e-mail (if any), telephone number and fax number (if any).

  • 2 Head office (if different from above):

    • (a) name and address; and

    • (b) for the contact person and alternate contact person, their name or the title of their position, e-mail (if any), telephone number and fax number (if any).

  • 3 For each substance located at the place:

    • (a) the name of the substance;

    • (b) the CAS registry number;

    • (c) the UN number (if applicable);

    • (d) the maximum expected quantity at any time during the calendar year; and

    • (e) the maximum capacity of the largest container in which the substance is stored.

SCHEDULE 3(Subsections 3(6), 4(5) and 5(2))Certification

I hereby certify that the information provided with respect to Schedule blank line to the Environmental Emergency Regulations is accurate and complete.
blank line
(Signature of the person or duly authorized representative)
Name (please print):blank line
Title:blank line
Date:blank line

SCHEDULE 4(Subsection 4(4))Information To Be Submitted in the Report Regarding the Preparation of an Environmental Emergency Plan

  • 1 Place where one or more substances are located:

    • (a) the facility name (or description) and civic address; and

    • (b) the name of each substance.

  • 2 Use of prior plans:

    • (a) indicate whether the environmental emergency plan was based on a plan prepared on a voluntary basis;

    • (b) indicate whether the environmental emergency plan was based on a plan prepared for another government and provide particulars, if applicable; and

    • (c) indicate whether the environmental emergency plan was based on a plan prepared under another Act of Parliament and provide particulars, if applicable.

  • 3 Local-level involvement:

    • (a) give the name of the local authorities, community or interest groups that have been involved in the plan’s development, if any; and

    • (b) identify whether the plan or its relevant parts were made available to the appropriate local authorities (such as police and fire departments) that may be involved in an emergency response.

  • 4 Information for each substance covered by an environmental emergency plan:

    • (a) the name, CAS registry number and UN number (if applicable) of the substance; and

    • (b) the nature of activities at the place where the substance is located.

  • 5 The date on which the preparation of the environmental emergency plan was completed.

  • 6 The location of the environmental emergency plan if it is different from the place where one or more substances are located.

SCHEDULE 5(Subsection 5(1))Information To Be Submitted in the Notice of the Implementation and Testing of an Environmental Emergency Plan

  • 1 Place where one or more substances are located:

    • (a) the facility name and civic address; and

    • (b) the name of each substance.

  • 2 The implementation and testing of the environmental emergency plan for the substances mentioned in section 1:

    • (a) the date of testing; and

    • (b) the list of all local authorities, community or interest groups, if any, that have been involved in the testing of the plan.

SCHEDULE 6(Section 9)Designated Persons for Notification and Reporting of Environmental Emergencies

Column 1Column 2Column 3
ItemProvinceNotificationFootnote for *Written Report
1OntarioOntario Regional Office Environmental Protection Environment CanadaDirector Environmental Protection Ontario Region Environment Canada
2QuebecQuebec Regional Office Environmental Protection Environment CanadaDirector Environmental Protection Quebec Region Environment Canada
3Nova ScotiaMaritimes Regional Office Canadian Coast Guard Fisheries and Oceans CanadaDirector Environmental Protection Atlantic Region Environment Canada
4New BrunswickMaritimes Regional Office Canadian Coast Guard Fisheries and Oceans CanadaDirector Environmental Protection Atlantic Region Environment Canada
5ManitobaOperations Branch Manitoba ConservationDirector Environmental Protection Prairie and Northern Region Environment Canada
6British ColumbiaBritish Columbia Provincial Emergency Program Ministry of Public Safety and Solicitor GeneralDirector Environmental Protection Pacific and Yukon Region Environment Canada
7Prince Edward IslandMaritimes Regional Office Canadian Coast Guard Fisheries and Oceans CanadaDirector Environmental Protection Atlantic Region Environment Canada
8SaskatchewanEnforcement and Compliance Branch Saskatchewan EnvironmentDirector Enforcement and Compliance Branch Saskatchewan Environment
9AlbertaEnforcement and Monitoring Branch Alberta EnvironmentDirector Enforcement and Monitoring Branch Alberta Environment
10Newfoundland and LabradorNewfoundland and Labrador Regional Office Canadian Coast Guard Fisheries and Oceans CanadaDirector Environmental Protection Atlantic Region Environment Canada
11Yukon TerritoryYukon Office Pacific and Yukon Region Environmental Protection Environment CanadaDirector Environmental Protection Pacific and Yukon Region Environment Canada
12Northwest TerritoriesNorthern Office Prairie and Northern Region Environmental Protection Environment CanadaDirector Environmental Protection Prairie and Northern Region Environment Canada
13NunavutNorthern Office Prairie and Northern Region Environmental Protection Environment CanadaDirector Environmental Protection Prairie and Northern Region Environment Canada

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