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Response Organizations Regulations (SOR/95-405)

Regulations are current to 2020-10-05 and last amended on 2019-06-25. Previous Versions

Response Organizations Regulations

SOR/95-405

CANADA SHIPPING ACT, 2001

Registration 1995-08-15

Response Organizations Regulations

P.C. 1995-1337  1995-08-15

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraph 657(1)(f) and subsection 660.9(1)Footnote * of the Canada Shipping Act, is pleased hereby to make the annexed Regulations respecting the procedures, equipment and resources of response organizations and oil handling facilities for use in respect of an oil pollution incident, effective August 15, 1995.

 [Repealed, SOR/2019-252, s. 15]

Interpretation

 In these Regulations,

Act

Act means the Canada Shipping Act; (Loi)

area of environmental sensitivities

area of environmental sensitivities means an area containing threatened, vulnerable or endangered species or locations of cultural or high socio-economic significance; (milieux sensibles)

designated port

designated port means a designated port set out in section 1 of Schedule I to the Response Organizations Standards; (port désigné)

geographical area

geographical area means an area that includes a designated port and is identified by a response organization as the area in which it intends to offer its services; (zone géographique)

oil

oil has the same meaning as in subsection 660.2(1) of the Act; (hydrocarbures)

Oil Handling Facilities Standards

Oil Handling Facilities Standards[Repealed, SOR/2019-252, s. 16]

on scene

on scene[Repealed, SOR/2019-252, s. 16]

operating environment

operating environment means sheltered waters, unsheltered waters or a shoreline; (milieux d’utilisation)

Response Organizations Standards

Response Organizations Standards means the standards set out in the Transport Canada document TP 12401, published in August, 1995, as amended from time to time; (Normes sur les organismes d’intervention)

sheltered waters

sheltered waters means waters where on-water recovery operations for spilled oil can be carried out effectively without significant disruption by environmental conditions; (eaux abritées)

shoreline

shoreline means the area between extreme low tide and the back shore area that may be affected by storm conditions; (rivage)

treat

treat means to carry out an activity, in a manner that has the least detrimental impact possible on the environment, for the purpose of restoring an operating environment in which an oil pollution incident has occurred to its condition before the incident; (traiter)

unsheltered waters

unsheltered waters means waters where on-water recovery operations for spilled oil may be significantly disrupted by environmental conditions. (eaux ouvertes)

  • SOR/2019-252, s. 16

Response Organizations

[SOR/2019-252, s. 17]

Response Plan

  •  (1) A response organization shall demonstrate in its response plan that the response organization has the capability to comply with the requirements relating to the procedures, equipment and resources prescribed in section 4 in respect of its geographical area.

  • (2) A response organization’s response plan shall include the following information:

    • (a) the name and address of the response organization and its geographical area;

    • (b) the total quantity of oil in respect of which the response organization is to be certified in accordance with the tiered response capabilities set out in section 2 of the Response Organizations Standards;

    • (c) the name of each person included in the personnel who is available for a response to an oil spill;

    • (d) the name of each person to be notified in the event of an oil spill;

    • (e) the name of each person included in the personnel who has received basic oil spill response training or any other training in relation to an oil spill;

    • (f) a description of the training that the response organization provides to its personnel in preparation for the responsibilities that they might be requested to undertake in response to an oil spill;

    • (g) a description of the training that the response organization provides to its employees and to volunteers whom it might use to respond at short notice to an oil spill;

    • (h) a description of the oil spill exercise programme 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 ships, oil handling facilities or the Canadian Coast Guard, as the case may be;

    • (i) a list of the types and quantity of equipment for use at each designated port in its geographical area in respect of a tier 1 response capability referred to in the Response Organizations Standards;

    • (j) a list of the types and quantity of equipment for use during a simultaneous response in all operating environments;

    • (k) a list of the equipment for scaring off birds from an oil spill location and of the measures available in support of the wildlife rehabilitation activities of other parties;

    • (l) a description of the measures that the response organization will take, in response to an oil spill, to protect and treat areas of environmental sensitivities within the affected operating environment;

    • (m) a description of the treatment and recovery procedures that will be implemented in response to an oil spill;

    • (n) a description of the procedures that will be implemented for notifying the persons referred to in paragraph (d) in the event of an oil spill;

    • (o) a description of the measures that the response organization will take, in conformity with federal and provincial regulations relating to health and safety, to protect the health and safety of its personnel, of volunteers and of other individuals who are involved, at the request of the response organization, in a response to an oil spill; and

    • (p) a description of procedures for the updating of the response plan.

  • (3) A response organization’s response plan must take into account any contingency plan for its geographical area that is issued by the Canadian Coast Guard.

  • SOR/2013-235, s. 11(F)

Oil Spill Procedures, Equipment and Resources

  •  (1) The procedures to be implemented with respect to a spill of a specified quantity of oil in a geographical area include the following:

    • (a) the response to the oil spill is within the time set out in section 3 of the Response Organizations Standards;

    • (b) the number of metres of shoreline that are treated in a day is at least that set out in section 4 of the Response Organizations Standards;

    • (c) the maximum number of days required to complete the on-water recovery operations is that set out in section 5 of the Response Organizations Standards;

    • (d) the response operation is managed in coordination with the Canadian Coast Guard and federal, provincial and other bodies responsible for, or involved in, the protection of the environment;

    • (e) strategies appropriate for a simultaneous response are employed in all affected operating environments;

    • (f) in the case of an on-water recovery operation in unsheltered waters present in its geographical area, the equipment can be operated in Beaufort Force 4 conditions;

    • (g) the response capability in each applicable operating environment in primary areas of response and enhanced response areas is to be apportioned in accordance with the percentage of tiered response capability that is set out in Schedule II to the Response Organizations Standards; and

    • (h) the equipment and resources are provided to the persons managing the response operation.

  • (2) The equipment and resources for use with respect to a spill of a specified quantity of oil in a geographical area include the following:

    • (a) equipment that is appropriate for responding to the oil spill; and

    • (b) the primary and secondary temporary storage capacities that are referred to in section 6 of the Response Organizations Standards.

Oil Spill Exercise Programme

 The oil spill exercise programme referred to in  paragraph 3(2)(h) shall be carried out over a three-year period that begins on the day on which the certificate of designation is issued.

Equipment at Designated Port

 The equipment that is for a tier 1 response capability described in section 2 of the Response Organizations Standards and is to be deployed on the shoreline and in sheltered waters at a designated port may not be removed unless the Commissioner permits the removal for the purpose of protecting the environment.

Submission

 A response organization shall submit to the Minister four copies of its response plan.

Review

 The Minister shall review a response plan within 90 days after the day on which it is submitted.

Plan Update

 A response organization to which a certificate of designation has been issued pursuant to subsection 660.4(1) of the Act shall notify the Minister of all substantive changes to its response plan immediately after they are made and shall, at least annually, update its response plan.

Declaration

 A declaration submitted by a person or body for the purpose of subsection 660.4(1) of the Act shall be in the form set out in the schedule.

  • SOR/2019-252, s. 18

Certificate of Designation

  •  (1) A certificate of designation issued pursuant to subsection 660.4(1) of the Act to a response organization expires three years after the day on which it is issued or the day that the response organization

    • (a) becomes insolvent;

    • (b) commits an act of bankruptcy;

    • (c) is dissolved; or

    • (d) abandons or transfers its business.

  • (2) Where a response organization applies to the Minister for a certificate of designation that is in respect of a period that begins on the day after the current certificate of designation expires, it shall make the application at least 90 days before that day.

 [Repealed, SOR/2019-252, s. 19]

 [Repealed, SOR/2019-252, s. 19]

 [Repealed, SOR/2019-252, s. 19]

 [Repealed, SOR/2019-252, s. 19]

 [Repealed, SOR/2019-252, s. 19]

 [Repealed, SOR/2019-252, s. 19]

 [Repealed, SOR/2019-252, s. 19]

 [Repealed, SOR/2019-252, s. 19]

SCHEDULE(Section 10)

Response Organization Declaration

Pursuant to paragraph 660.4(1)(b) of the Canada Shipping Act, I,

(Name), for and on behalf of

(Name of the response organization) declare that

the procedures, equipment and resources referred to in the response plan are available to the response organization in conformity with the Response Organizations Regulations.

(Signed for and on behalf of the response organization)blank line(Date)

  • SOR/2019-252, s. 20
  • SOR/2019-252, s. 21
  • SOR/2019-252, s. 22
  • SOR/2019-252, s. 23
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