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Environmental Emergency Regulations, 2019 (SOR/2019-51)

Regulations are current to 2020-11-17 and last amended on 2019-08-24. Previous Versions

Environmental Emergency Plan

Marginal note:Preparation

  •  (1) A responsible person must, for each facility at which a substance is located, prepare an environmental emergency plan with respect to the substance under the following circumstances:

    • (a) if some or all of the substance is not in a container system, a responsible person has reported a maximum expected quantity under paragraph 3(d) of Schedule 2 that is equal to or greater than the quantity set out in column 4 of Part 1 of Schedule 1 for that substance; or

    • (b) if the substance is in a container system, a responsible person has reported

      • (i) under paragraph 3(d) of Schedule 2, a maximum expected quantity that is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance, and

      • (ii) under paragraph 3(f) of Schedule 2, a maximum capacity that is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance.

  • Marginal note:Required contents

    (2) The environmental emergency plan must include the following:

    • (a) a description of the properties and characteristics of the substance and the maximum expected quantity of the substance at the facility;

    • (b) a description of the commercial, manufacturing, processing or other activity involving the substance that takes place at the facility;

    • (c) a description of the facility and of the area surrounding the facility that may be affected by an environmental emergency referred to in paragraph (d), including any hospitals, schools, residential, commercial or industrial buildings and any highways, public transit infrastructure, parks, forests, wildlife habitats, water sources or water bodies;

    • (d) an identification of any environmental emergency that could reasonably be expected to occur at the facility and that would likely cause harm to the environment or constitute a danger to human life or health, including the environmental emergency referred to in paragraph (e) and, if applicable, the environmental emergency that is more likely to occur than the environmental emergency referred to in paragraph (e) and that would have the longest impact distance outside the boundary of the facility;

    • (e) an identification of the harm to the environment or danger to human life or health that would likely result from an environmental emergency involving the release of

      • (i) the maximum quantity of the substance that could be contained in the container system that has the largest maximum capacity, if a quantity of the substance is in a container system, and

      • (ii) the maximum expected quantity of the substance that will not be in a container system, if a quantity of the substance is not in a container system;

    • (f) an identification of the harm to the environment or danger to human life or health that would likely result from the environmental emergency identified under paragraph (d), if any, that is more likely to occur than the environmental emergency referred to in paragraph (e) and would have the longest impact distance outside the boundary of the facility;

    • (g) a description of the measures to be taken to prevent and prepare for the environmental emergencies identified under paragraph (d) and the measures that will be taken to respond to and recover from such emergencies if they were to occur;

    • (h) a list of the position titles of the persons who will make decisions and take a leadership role in the event of an environmental emergency and a description of their roles and responsibilities;

    • (i) a list of the environmental emergency training that has been or will be provided to prepare personnel at the facility who will respond in the event that an environmental emergency identified under paragraph (d) occurs;

    • (j) a list of the emergency response equipment that is necessary for the measures described in paragraph (g) and the equipment’s location;

    • (k) a description of the measures that will be taken by a responsible person or by a responsible person and local authorities, acting jointly, to communicate with the members of the public who may be adversely affected by the environmental emergency referred to in paragraph (f) to inform them, before the environmental emergency occurs, of

      • (i) the possibility that the environmental emergency could occur,

      • (ii) the potential effects of the environmental emergency on the environment and on human life or health, taking into account the factors referred to in paragraphs (a) to (c), and

      • (iii) the measures that will be taken by the responsible person to protect the environment and human life or health, and the means by which the responsible person will communicate with them, in the event that the environmental emergency occurs;

    • (l) a description of the measures that will be taken by a responsible person or by a responsible person and local authorities, acting jointly, to, in the event that an environmental emergency involving the release of a substance occurs, communicate with the members of the public who may be adversely affected to provide them, during and after its occurrence, with information and guidance concerning the actions that could be taken by them to reduce the potential harm to the environment and danger to human life or health, including an explanation of how those actions may help to reduce the harm or danger;

    • (m) the position title of the person who will communicate with the members of the public referred to in paragraphs (k) and (l);

    • (n) a description of the consultations that a responsible person had with local authorities, if any, with respect to the measures referred to in paragraph (k) and (l); and

    • (o) a plan of the facility showing the location of any substances in relation to the physical features of the facility.

  • Marginal note:Existing plan

    (3) For the purposes of subsection (1), a responsible person may use an environmental emergency plan that has been prepared on a voluntary basis, or for another government or under another Act of Parliament, if that plan meets the requirements of subsection (2) or is amended so that it meets those requirements.

  • Marginal note:Adequate measures

    (4) The measures included in the environmental emergency plan must be adequate to address the objectives of preventing, preparing for, responding to and recovering from the environmental emergencies identified under paragraph (2)(d).

Marginal note:Notice – preparation of plan

 Within six months after the day on which an environmental emergency plan is required to be prepared under subsection 4(1), a responsible person must inform the Minister that they have prepared the plan or are using a previously prepared plan in accordance with subsection 4(3) by submitting a notice that contains the information referred to in Schedule 3.

Marginal note:Bringing into effect

 Within 12 months after the day on which an environmental emergency plan is required to be prepared under subsection 4(1), a responsible person must bring the plan into effect and submit a notice to the Minister that contains the information referred to in Schedule 4.

Marginal note:Simulation exercise

  •  (1) A responsible person must conduct simulation exercises in relation to each environmental emergency plan that is prepared under subsection 4(1) as follows:

    • (a) each year, beginning on the day on which the plan is brought into effect, a simulation exercise in respect of one substance from each of the hazard categories referred to in column 5 of Parts 1 and 2 of Schedule 1, using an environmental emergency identified under paragraph 4(2)(d) as the emergency being simulated; and

    • (b) every five years, beginning on the day on which the plan is brought into effect, a full-scale simulation exercise in respect of any one substance, using an environmental emergency referred to in paragraph 4(2)(e) or (f) as the emergency being simulated.

  • Marginal note:Cycle for simulation exercises

    (2) For the purposes of paragraph (1)(a), a simulation exercise conducted in respect of a substance belonging to a given hazard category must simulate a different environmental emergency for each subsequent simulation exercise until all of the environmental emergencies identified under paragraph 4(2)(d) for each of the substances belonging to that hazard category have been simulated, after which the environmental emergencies must be cycled through again.

  • Marginal note:Exception

    (3) Paragraph (1)(a) does not apply in respect of a year during which a full-scale simulation exercise is conducted under paragraph (1)(b).

Marginal note:Record of simulation exercise

 After each simulation exercise is conducted in relation to the environmental emergency plan, a responsible person must prepare a record that contains the date, a summary and the results of the simulation exercise and any modifications to be made to the plan as a result of the simulation exercise.

Marginal note:Notice — simulation exercises conducted

 A responsible person must, within five years after the day on which the environmental emergency plan is brought into effect under section 6, submit a notice to the Minister containing the information referred to in Schedule 5 concerning the simulation exercises conducted in relation to an environmental emergency plan.

Marginal note:Updates to the plan

 A responsible person must review and, if necessary, update the environmental emergency plan at least once a year to ensure that it continues to meet the requirements of subsection 4(2) and keep a record of the date of the review.

 
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