CONSOLIDATION

Environmental Response Regulations

SOR/2019-252

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Environmental Response Regulations

Interpretation 1

Definitions

PART 1

Vessels Classes of Vessels 2

Classes

Exception — Arrangement with a Response Organization 3

Exception

Maximum Quantity of Oil 4

Maximum quantity

PART 2

Oil Handling Facilities Classes of Facilities 5

Classes

Exception — Arrangement with a Response Organization 6

Exception

Maximum Quantity of Oil 7

Maximum quantity

Notification of Proposed Operations 8

Timing — section 167.1 of the Act

Submission of Plans 9

Time limit — section 167.4 of the Act

Oil Pollution Prevention Plan 10

Content

Oil Pollution Emergency Plan 11

Content

Current to June 20, 2022

ii

Environmental Response Regulations TABLE OF PROVISIONS

Plan Reviews and Updates 12

Annual review

Procedures, Equipment and Resources 13

Procedures

PART 3

Consequential and Related Amendments, Repeal and Coming into Force Consequential Amendments to the Response Organizations and Oil Handling Facilities Regulations Related Amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations Repeal Coming into Force *27

S.C. 2014, c. 29.

Current to June 20, 2022

iv

Registration SOR/2019-252

June 25, 2019

CANADA SHIPPING ACT, 2001

Environmental Response Regulations P.C. 2019-919

June 22, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 35(1)(d), (e)a and (f)a, subsection 182(1)b and paragraphs 244(f)c and (h)d of the Canada Shipping Act, 2001e, makes the annexed Environmental Response Regulations.

a

S.C. 2005, c. 29, s. 16(1)

b

S.C. 2014, c. 29, s. 69

c

S.C. 2014, c. 29, s. 75(1)

d

S.C. 2018, c. 27, s. 709

e

S.C. 2001, c. 26

Current to June 20, 2022

Environmental Response Regulations

Interpretation Definitions 1 The following definitions apply in these Regulations.

Act means the Canada Shipping Act, 2001. (Loi) area of environmental sensitivities means an area containing threatened, vulnerable or endangered species or locations of cultural or high socio-economic significance. (milieux sensibles)

PART 1

Vessels Classes of Vessels 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.

Exclusions (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; (b) pleasure craft; or

Current to June 20, 2022

Environmental Response Regulations PART 1 Vessels Classes of Vessels Sections 2-4

(c) government vessels, naval auxiliary vessels or vessels owned or operated by a foreign state and used only on government non-commercial service.

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 (c) a gas carrier, which is a cargo vessel constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organization.

Exception — Arrangement with a Response Organization Exception 3 Paragraph 167(1)(a) and subparagraphs 167(1)(b)(ii)

and (iii) of the Act do not apply in respect of vessels that are in waters north of latitude 60° N.

Maximum Quantity of Oil Maximum quantity 4 For the purposes of paragraph 167(1)(a) of the Act, the prescribed maximum quantity of oil is 10,000 tonnes.

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Sections 5-7

PART 2

Oil Handling Facilities Classes of Facilities Classes 5 For the purposes of sections 167.1 to 167.4 and subsections 168(1) and 168.01(1) of the Act, classes of oil handling facilities at which operations are carried out in relation to the loading or unloading of oil to or from a vessel referred to in section 2 are established according to their oil transfer rate as set out in the following table:

TABLE Column 1

Column 2

Item

Class of Oil Handling Facility

Oil Transfer Rate (m3/h)

150 or less

More than 150 but not more than 750

More than 750 but not more than 2,000

More than 2,000

Exception — Arrangement with a Response Organization Exception 6 Paragraph 168(1)(a) and subparagraphs 168(1)(b)(ii)

and (iii) of the Act do not apply in respect of oil handling facilities that are located north of latitude 60° N.

Maximum Quantity of Oil Maximum quantity 7 For the purposes of paragraph 168(1)(a) of the Act, the

prescribed maximum quantity of oil is 10,000 tonnes.

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Notification of Proposed Operations Sections 8-10

Notification of Proposed Operations Timing — section 167.1 of the Act 8 For the purposes of section 167.1 of the Act, the prescribed time to notify the Minister of the proposed operations relating to the loading or unloading of oil to or from vessels is at least 180 days before the commencement of those operations.

Submission of Plans Time limit — section 167.4 of the Act 9 For the purposes of section 167.4 of the Act, the time within which to submit the prevention and emergency plans referred to in that section to the Minister is one year after the day on which these Regulations come into force.

Oil Pollution Prevention Plan 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

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Oil Pollution Prevention Plan Sections 10-11

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; (f) a description of the lighting to be provided in order

to meet the requirements of section 34 of the Vessel Pollution and Dangerous Chemicals Regulations; (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; (h) the measures to be taken in order to meet the requirements of subsection 35(3) of the Vessel Pollution and Dangerous Chemicals Regulations; (i) the procedures to be followed by the person referred to in paragraph (a) in order to meet the requirements of subsection 35(4) 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 (l) the procedures to be followed for the review and

updating of the plan in order to meet the requirements of section 12.

Oil Pollution Emergency Plan 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

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Oil Pollution Emergency Plan Section 11

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 (A) 1 m3, in the case of a class 1 facility, (B) 5 m3, in the case of a class 2 facility, (C) 15 m3, in the case of a class 3 facility, and (D) 50 m3, in the case of a class 4 facility, (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, (iii) identifies the assumptions on which that scenario is based, (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, (C) the tides and currents that exist at the facility, (D) the meteorological conditions that exist at

the facility, (E) the surrounding areas of environmental sensitivities that would likely be affected by a discharge, (F) the measures to be taken to minimize the effects of a discharge, and

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Oil Pollution Emergency Plan Section 11

(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: (i) the safety of the facility’s personnel, (ii) the safety of the facility, (iii) the safety of the communities living adjacent to

the facility, (iv) the prevention of fire and explosion, (v) the minimization of the effects of a discharge, (vi) the reporting of the oil pollution incident, (vii) the environmental impact of a discharge, and (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; (d) the types and quantity of equipment and resources referred to in subsection 13(2) that are available for immediate use at the location of the discharge; (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;

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Oil Pollution Emergency Plan Section 11

(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; (k) the procedures to be followed for the review and

updating of the plan in order to meet the requirements of section 12; (l) the procedures to be followed by the operator in order to meet the requirements of section 39 of the Vessel Pollution and Dangerous Chemicals Regulations; and (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.

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.

Notification — exercise (3) The operator must submit a written description of

any exercise referred to in paragraph (1)(i) to the Minister at least 30 days before the day on which it conducts the exercise.

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Plan Reviews and Updates Section 12

Plan Reviews and Updates 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.

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.

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.

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.

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Plan Reviews and Updates Sections 12-13

Procedures, Equipment and Resources Procedures 13 (1) The

procedures referred to in paragraph 168(1)(e) of the Act must include the following: (a) the immediate shut down of loading or unloading

operations and their restart in a manner that would not interfere with the immediate, effective and sustained response to the discharge; (b) the reporting of the discharge in accordance with

section 133 of the Vessel Pollution and Dangerous Chemicals Regulations; (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; (e) the making available of at least one of the persons

referred to in paragraph 11(1)(f) to the Department of Transport and the Canadian Coast Guard 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); (g) the deployment of the equipment and resources

referred to in subsection (2) at the location of the discharge within the time frames set out in that subsection; and (h) the undertaking of an investigation of the discharge in order to determine the causes and contributing factors, and the actions that are needed to reduce the risk of reoccurrence.

Equipment and resources (2) The equipment and resources that the operator of the

oil handling facility must have available for immediate

Current to June 20, 2022

Environmental Response Regulations PART 2 Oil Handling Facilities Procedures, Equipment and Resources Sections 13-23

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.

PART 3

Consequential and Related Amendments, Repeal and Coming into Force Consequential Amendments to the Response Organizations and Oil Handling Facilities Regulations 14 [Amendments] 15 [Amendments] 16 [Amendments] 17 [Amendments] 18 [Amendments] 19 [Amendments] 20 [Amendments] 21 [Amendments] 22 [Amendments] 23 [Amendments]

Current to June 20, 2022

Environmental Response Regulations PART 3 Consequential and Related Amendments, Repeal and Coming into Force Related Amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations Sections 24-27

Related Amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations 24 [Amendments] 25 [Amendments]

Repeal 26 The Environmental Response Arrangements Regulations3 are repealed.

Coming into Force S.C. 2014, c. 29.

27 These Regulations come into force on the day on which section 69 of the Safeguarding Canada’s Seas and Skies Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered. *

*

[Note: Regulations in force June 25, 2019.]

SOR/2008-275

Current to June 20, 2022

