Environmental Emergency Regulations, 2019: SOR/2019-51

Canada Gazette, Part II, Volume 153, Number 5

Registration

SOR/2019-51 February 25, 2019

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

P.C. 2019-96 February 23, 2019

Whereas, pursuant to subsection 332(1)footnote a of the Canadian Environmental Protection Act, 1999 footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on October 8, 2016, a copy of the proposed Environmental Emergency Regulations, 2016, substantially in the annexed form, 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 6footnote c 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 b, makes the annexed Environmental Emergency Regulations, 2019.

Environmental Emergency Regulations, 2019

Interpretation

Definitions

1 (1) The following definitions apply in these Regulations.

Act means the Canadian Environmental Protection Act, 1999. (Loi)

CAS registry number means the identification number assigned to a substance by the Chemical Abstracts Service, a division of the American Chemical Society. (numéro d’enregistrement CAS)

container system means any receptacle or network of receptacles that is used to contain a substance — including any connected pipelines or piping — except any part of that network that is automatically or remotely segregated from the rest of the network by shut-off valves, or other mechanisms, in the event of any environmental emergency. (système de réservoirs)

simulation exercise means an exercise simulating the response to an environmental emergency involving the release of a substance. (exercice de simulation)

facility means a property on which one or more fixed onshore installations are located and where a substance is present. (installation)

full-scale simulation exercise means an action-based simulation exercise requiring the deployment of personnel, resources and equipment. (exercice général de simulation)

maximum capacity means, in respect of a container system, its full physical capacity, expressed in tonnes, including any capacity that is beyond the safe-fill limit set by the manufacturer of the receptacles that comprise the container system. (capacité maximale)

responsible person means any person who owns or has the charge, management or control of a substance that is located at a facility. (responsable)

Maximum expected quantity

(2) For the purposes of these Regulations, the maximum expected quantity of a substance is to be determined in accordance with subsections 3(1) to (4) for the one-year period beginning on the day on which the applicable situation referred to in subsection 3(1) or (5) occurs or the one-year period beginning on the day on which a notice is submitted under section 13.

List of Substances

List

2 (1) For the purposes of the definition substance in section 193 of the Act, the list of substances consists of

Exclusions

(2) The following substances are excluded from the list referred to in subsection (1):

Notice Regarding Substances Located at a Facility

Notice

3 (1) A responsible person must, within 90 days after the day on which either of the following situations occurs, submit to the Minister a notice containing the information referred to in Schedule 2 for each facility at which a substance is located:

Excluded quantities

(2) In determining the quantity of a substance for the purposes of subsection (1), the following quantities are excluded:

Determination of Quantity — Part 1 of Schedule 1

(3) For the purposes of subsection (1), the quantity of a substance set out in Part 1 of Schedule 1 that is in a mixture is to be determined by multiplying the quantity of the mixture, expressed in tonnes, by the concentration, expressed in percentage (mass/mass), of the substance in the mixture.

Determination of Quantity — Part 2 of Schedule 1

(4) For the purposes of subsection (1), the quantity of a substance that is a solution set out in Part 2 of Schedule 1 is to be determined

Notice of change

(5) A responsible person must, within 60 days after the day on which any of the following situations occurs, submit an updated notice to the Minister that contains the information referred to in Schedule 2:

Environmental Emergency Plan

Preparation

4 (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:

Required contents

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

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.

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).

Notice – preparation of plan

5 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.

Bringing into effect

6 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.

Simulation exercise

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

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.

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).

Record of simulation exercise

8 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.

Notice — simulation exercises conducted

9 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.

Updates to the plan

10 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.

Access

11 A responsible person must make a copy of the environmental emergency plan readily available at the facility referred to in subsection 4(1) and at any other place where a copy of the plan needs to be kept for consultation by the individuals who are to carry it out.

Measures under paragraph 201(1)(b) of Act

12 The emergency measures that are to be taken under paragraph 201(1)(b) of the Act include the measures to respond to and recover from an environmental emergency that are set out in the environmental emergency plan.

Periodic Submission of Notices

Notice regarding a substance

13 If a notice has been submitted under subsection 3(1), a responsible person must submit a new notice to the Minister that contains the information referred to in Schedule 2 no later than five years after the day on which the most recent notice containing that information was submitted.

Notice of simulation exercise

14 If a notice has been submitted under section 9, a responsible person must submit a new notice to the Minister that contains the information referred to in Schedule 5 no later than five years after the day on which the most recent notice containing that information was submitted.

Change in Circumstances

Change in quantity or capacity

15 (1) If a notice has been submitted under subsection 3(1) in respect of a substance located at a facility, a responsible person must submit a notice to the Minister if

Time limit for submission

(2) The notice must contain the information referred to in Schedule 6 and be submitted no later than 60 days after the end of the period referred to in paragraph (1)(a) or (b), as the case may be.

Cessation of operations

16 A responsible person who intends to cease operations for a period of one year or more at a facility where a substance is located, for any purpose other than maintenance, must submit a notice containing the information referred to in Schedule 7 to the Minister at least 30 days before the day on which operations are to cease, or as soon as feasible in the case of extraordinary circumstances such as fire, major accident, vandalism, natural disaster or act of terrorism.

Transfer of ownership of facility

17 If there is a transfer of the ownership of a facility where a substance is located, a responsible person must, if a notice has been submitted under subsection 3(1) in respect of the substance, submit a notice containing the information referred to in Schedule 7 to the Minister on or before the date of the transfer.

Reporting of Environmental Emergencies

Paragraph 201(1)(a) of Act

18 (1) For the purposes of these Regulations, paragraph 201(1)(a) of the Act applies only in relation to an environmental emergency that

Written Report — designated person

(2) The person who is designated to be provided with a written report respecting the occurrence of an environmental emergency involving a substance that is on the list referred to in section 2 is the Regional Director, Environmental Enforcement Directorate, Enforcement Branch, Department of the Environment, in the region where the environmental emergency occurs.

Written Report — required contents

(3) The written report must include the information referred to in Schedule 8.

Submission Requirements

Certification

19 (1) Any information that is required to be submitted under these Regulations, and any written report provided under paragraph 201(1)(a) of the Act, must be accompanied by a certification, signed and dated by the person who is required to submit the information or provide the report, or by their authorized representative, stating that the information or report is accurate and complete.

Additional information

(2) If the certification is provided by an authorized representative, the authorized representative must provide their name, telephone number and email address.

Electronic submission under these Regulations

20 (1) Any information that is required to be submitted to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and bear the electronic signature of the person who is required to submit the information or of their authorized representative.

Electronic submission — written report of environmental emergency

(2) Any written report provided under paragraph 201(1)(a) of the Act to an enforcement officer or the person referred to in subsection 18(2) must be submitted electronically in the form and format specified by the Minister and bear the electronic signature of the person who is required to submit the report or of their authorized representative.

Submission on paper

(3) If the Minister has not specified a form and format or if it is not feasible to submit the information or report electronically because of circumstances beyond the person’s control, the information or report, as the case may be, must be submitted on paper in the form and format specified by the Minister, if any, and be signed by the person or their authorized representative.

Record Keeping

Record keeping

21 (1) Any records prepared in accordance with sections 8 and 10 must be kept at the facility referred to in subsection 4(1).

Seven years

(2) The records referred to in subsection (1) must be kept for a period of not less than seven years beginning on the day on which they are prepared.

Transitional Provision

Application of section 3

22 For the purposes of section 3, if either of the situations described in paragraph 3(1)(a) or (b) occurs in respect of a facility before the day on which these Regulations come into force, a responsible person must submit the notice referred to in subsection 3(1) to the Minister within 90 days after the day on which these Regulations come into force.

Repeal

23 The Environmental Emergency Regulations footnote 1 are repealed.

Coming into Force

180th day after registration

24 These Regulations come into force on the 180th day after the day on which they are registered.

SCHEDULE 1

(Paragraphs 2(1)(a) and (b), 2(2)(a) to (c), (h) and (i), 3(1)(a) and (b) and (2)(d) and (e), subsections 3(3) and (4), paragraph 4(1)(a), subparagraphs 4(1)(b)(i) and (ii) and paragraphs 7(1)(a) and 15(1)(a) and (b))

List of Substances

PART 1

Item

Column 1

CAS Registry
Number

Column 2



Name of Substance

Column 3

Concentration
(% mass/mass)

Column 4


Minimum Quantity (tonnes)

Column 5


Hazard Category (Short Form)
1 56-23-5 Tetrachloromethane 10 0.22 A
2 57-14-7 1,1-Dimethylhydrazine 10 6.80 I
3 60-29-7 Ethyl ether 1 4.50 E
4 60-34-4 Methylhydrazine 10 6.80 I
5 67-66-3 Chloroform 10 9.10 I
6 71-43-2 Benzene 1 10 C
7 74-82-8 Methane 1 4.50 E
8 74-83-9 Methyl bromide 10 2.27 I
9 74-84-0 Ethane 1 4.50 E
10 74-85-1 Ethylene 1 4.50 E
11 74-86-2 Acetylene 1 4.50 E
12 74-87-3 Methyl chloride 10 4.50 I
13 74-88-4 Methyl iodide 10 4.50 I
14 74-89-5 Methylamine 1 4.50 E
15 74-90-8 Hydrogen cyanide 10 1.13 I
16 74-93-1 Methyl mercaptan 10 4.50 I
17 74-98-6 Propane 1 4.50 E
18 74-99-7 Methylacetylene 1 4.50 E
19 75-00-3 Ethyl chloride 1 4.50 E
20 75-01-4 Vinyl chloride 1 4.50 E
21 75-02-5 Vinyl fluoride 1 4.50 E
22 75-04-7 Ethylamine 1 4.50 E
23 75-07-0 Acetaldehyde 1 4.50 E
24 75-08-1 Ethyl mercaptan 1 4.50 E
25 75-09-2 Dichloromethane 1 9.10 I
26 75-15-0 Carbon disulfide 10 9.10 I
27 75-18-3 Dimethyl sulfide 1 150 C
28 75-19-4 Cyclopropane 1 4.50 E
29 75-21-8 Ethylene oxide 10 4.50 I
30 75-28-5 Isobutane 1 4.50 E
31 75-29-6 2-Chloropropane 1 4.50 E
32 75-31-0 Isopropylamine 1 4.50 E
33 75-35-4 Vinylidene chloride 1 4.50 E
34 75-37-6 1,1-Difluoroethane 1 4.50 E
35 75-38-7 1,1-Difluoroethylene 1 4.50 E
36 75-44-5 Phosgene 1 0.22 I
37 75-50-3 Trimethylamine 1 4.50 E
38 75-55-8 Propyleneimine 10 4.50 I
39 75-56-9 Methyloxirane 10 4.50 I
40 75-64-9 tert-Butylamine 1 150 C
41 75-74-1 Tetramethyl lead 10 4.50 I
42 75-76-3 Tetramethylsilane 1 4.50 E
43 75-77-4 Trimethylchlorosilane 10 4.50 I
44 75-78-5 Dimethyldichlorosilane 10 2.27 I
45 75-79-6 Methyltrichlorosilane 10 2.27 I
46 76-06-2 Trichloronitromethane 10 2.27 I
47 78-00-2 Tetraethyl lead 10 2.27 I
48 78-78-4 2-Methylbutane 1 4.50 E
49 78-79-5 1,3-Butadiene, 2-methyl- 1 4.50 E
50 78-82-0 Isobutyronitrile 10 9.10 I
51 79-01-6 Trichloroethylene 10 1.13 A
52 79-06-1 2-Propenamide 10 9.10 A
53 79-22-1 Methyl chloroformate 10 2.27 I
54 79-38-9 Trifluorochloroethylene 1 4.50 E
55 80-05-7 Phenol, 4,4′-(1-methylethylidene)bis- 10 4.50 A
56 91-08-7 Toluene-2,6-diisocyanate 10 4.50 I
57 91-20-3 Naphthalene 10 4.50 A
58 91-94-1 3,3′-Dichlorobenzidine 10 1.13 A
59 100-41-4 Ethylbenzene 1 7000 C
60 100-42-5 Styrene 10 4.50 E
61 100-44-7 Benzene, (chloromethyl)- 10 4.50 A
62 104-40-5 p-Nonylphenol 10 1.13 A
63 106-89-8 Oxirane, (chloromethyl)- 10 9.10 I
64 106-97-8 Butane 1 4.50 E
65 106-98-9 1-Butene 1 4.50 E
66 106-99-0 1,3-Butadiene 1 4.50 E
67 107-00-6 Ethylacetylene 1 4.50 E
68 107-01-7 2-Butene 1 4.50 E
69 107-02-8 Acrolein 10 2.27 I
70 107-05-1 Allyl chloride 10 9.10 I
71 107-06-2 1,2-Dichloroethane 10 6.80 I
72 107-07-3 2-Chloroethanol 10 4.50 I
73 107-11-9 Allylamine 10 4.50 I
74 107-12-0 Propionitrile 10 4.50 I
75 107-13-1 Acrylonitrile 10 9.10 I
76 107-15-3 Ethylenediamine 10 9.10 I
77 107-18-6 Allyl alcohol 10 6.80 I
78 107-25-5 Vinyl methyl ether 1 4.50 E
79 107-30-2 Chloromethyl methyl ether 10 2.27 I
80 107-31-3 Methyl formate 1 4.50 E
81 108-05-4 Vinyl acetate 10 6.80 I
82 108-23-6 Isopropyl chloroformate 10 6.80 I
83 108-88-3 Toluene 1 2500 C
84 108-91-8 Cyclohexylamine 10 6.80 I
85 108-95-2 Phenol 10 9.10 I
86 109-61-5 Propyl chloroformate 10 6.80 I
87 109-66-0 Pentane 1 4.50 E
88 109-67-1 1-Pentene 1 4.50 E
89 109-92-2 Vinyl ethyl ether 1 4.50 E
90 109-95-5 Ethyl nitrite 1 4.50 E
91 110-00-9 Furan 10 2.27 I
92 110-49-6 Ethanol, 2-methoxy-, acetate 10 9.10 A
93 110-54-3 Hexane 10 4.50 A
94 110-82-7 Cyclohexane 1 550 C
95 110-89-4 Piperidine 10 6.80 I
96 111-15-9 Ethanol, 2-ethoxy-, acetate 10 9.10 A
97 115-07-1 Propylene 1 4.50 E
98 115-10-6 Dimethyl ether 1 4.50 E
99 115-11-7 2-Methylpropene 1 4.50 E
100 116-14-3 Tetrafluoroethylene 1 4.50 E
101 120-80-9 1,2-Benzenediol 10 4.50 A
102 123-31-9 1,4-Benzenediol 10 0.22 A
103 123-73-9 Crotonaldehyde, (E)- 10 9.10 I
104 123-91-1 1,4-Dioxane 1 9.10 I
105 124-40-3 Dimethylamine 1 4.50 E
106 126-73-8 Phosphoric acid, tributyl ester 10 4.50 A
107 126-98-7 Methylacrylonitrile 10 4.50 I
108 127-18-4 Tetrachloroethylene 10 1.13 A
109 151-56-4 Ethyleneimine 10 4.50 I
110 302-01-2 Hydrazine 10 6.80 I
111 353-42-4 Boron trifluoride dimethyl etherate 10 6.80 I
112 373-02-4 Nickel acetate 10 0.22 A
113 460-19-5 Cyanogen 1 4.50 E
114 463-49-0 Propadiene 1 4.50 E
115 463-51-4 Ketene 1 0.22 I
116 463-58-1 Carbonyl sulfide 1 4.50 E
117 463-82-1 2,2-Dimethylpropane 1 4.50 E
118 504-60-9 1,3-Pentadiene 1 4.50 E
119 506-68-3 Cyanogen bromide 10 4.50 I
120 506-77-4 Cyanogen chloride 10 4.50 I
121 509-14-8 Tetranitromethane 10 4.50 I
122 542-88-1 Bis(chloromethyl) ether 1 0.45 I
123 556-64-9 Methyl thiocyanate 10 9.10 I
124 557-98-2 2-Chloropropene 1 4.50 E
125 563-45-1 3-Methyl-1-butene 1 4.50 E
126 563-46-2 2-Methyl-1-butene 1 4.50 E
127 584-84-9 Toluene-2,4-diisocyanate 10 4.50 I
128 590-18-1 2-Butene, (Z)- 1 4.50 E
129 590-21-6 1-Chloropropene 1 4.50 E
130 594-42-3 Perchloromethyl mercaptan 10 4.50 I
131 598-73-2 Bromotrifluoroethylene 1 4.50 E
132 624-64-6 2-Butene, (E)- 1 4.50 E
133 624-83-9 Methyl isocyanate 10 4.50 I
134 627-20-3 2-Pentene, (Z)- 1 4.50 E
135 630-08-0 Carbon monoxide 10 6.80 I
136 646-04-8 2-Pentene, (E)- 1 4.50 E
137 689-97-4 1-Buten-3-yne 1 4.50 E
138 732-26-3 Phenol, 2,4,6-tris(1,1-dimethylethyl)- 10 0.22 A
139 814-68-6 Acryloyl chloride 10 2.27 I
140 1303-28-2 Arsenic pentoxide 10 0.22 A
141 1306-19-0 Cadmium oxide 10 0.22 A
142 1306-23-6 Cadmium sulfide 10 0.22 A
143 1313-99-1 Nickel oxide 10 0.22 A
144 1314-62-1 Vanadium pentoxide 10 0.22 A
145 1327-53-3 Arsenic trioxide 10 0.22 A
146 1330-20-7 Xylenes 1 8000 C
147 1333-74-0 Hydrogen 1 4.50 E
148 1333-82-0 Chromium trioxide 10 0.22 A
149 2551-62-4 Sulfur hexafluoride 10 9.10 I
150 4109-96-0 Dichlorosilane 1 4.50 E
151 4170-30-3 Crotonaldehyde 10 9.10 I
152 6484-52-2 Ammonium nitrate, solid 60 20 O
153 7439-97-6 Mercury N/A 1.00 I
154 7440-38-2 Arsenic 10 0.22 A
155 7446-09-5 Sulfur dioxide 10 2.27 I
156 7446-11-9 Sulfur trioxide 10 4.50 I
157 7550-45-0 Titanium tetrachloride 10 1.13 I
158 7616-94-6 Perchloryl fluoride 10 6.80 I
159 7637-07-2 Boron trifluoride 10 2.27 I
160 7646-79-9 Cobalt chloride 10 0.22 A
161 7647-01-0 Hydrogen chloride, anhydrous 10 2.27 I
162 7664-39-3 Hydrogen fluoride, anhydrous 1 0.45 I
163 7664-41-7 Ammonia, anhydrous 10 4.50 I
164 7718-54-9 Nickel chloride 10 0.22 A
165 7719-09-7 Thionyl chloride 10 6.80 I
166 7719-12-2 Phosphorus trichloride 10 6.80 I
167 7723-14-0 Phosphorus N/A 1.00 I
168 7726-95-6 Bromine 10 4.50 I
169 7775-09-9 Sodium chlorate 10 10 O
170 7775-11-3 Sodium chromate 10 0.22 A
171 7778-43-0 Sodium arsenate, dibasic 10 0.22 A
172 7782-41-4 Fluorine 1 0.45 I
173 7782-50-5 Chlorine 10 1.13 I
174 7783-06-4 Hydrogen sulfide 10 4.50 I
175 7783-07-5 Hydrogen selenide 1 0.22 I
176 7783-60-0 Sulfur tetrafluoride 10 1.13 I
177 7784-34-1 Arsenous trichloride 10 6.80 I
178 7784-42-1 Arsine 1 0.45 I
179 7784-46-5 Sodium arsenite 10 0.22 A
180 7786-81-4 Nickel(II) sulfate 10 0.22 A
181 7789-00-6 Potassium chromate 10 0.22 A
182 7790-98-9 Ammonium perchlorate 1 3.40 O
183 7791-21-1 Dichlorine oxide 1 4.50 E
184 7803-51-2 Phosphine 10 2.27 I
185 7803-52-3 Stibine 10 2.27 I
186 7803-62-5 Silane 1 4.50 E
187 8002-05-9 Petroleum crude oil 1 2500 F
188 8006-14-2 Liquefied natural gas 1 4.50 E
189 8006-61-9 Unleaded gasoline 1 150 C
190 8014-95-7 Sulfuric acid, fuming N/A 4.50 I
191 8030-30-6 Naphtha 1 50 C
192 10025-78-2 Trichlorosilane 1 4.50 E
193 10025-87-3 Phosphorus oxychloride 10 2.27 I
194 10035-10-6 Hydrogen bromide 10 1.13 I
195 10048-95-0 Sodium arsenate, dibasic, heptahydrate 10 0.22 A
196 10049-04-4 Chlorine dioxide 1 0.45 I
197 10101-97-0 Nickel(II) sulfate, hexahydrate 10 0.22 A
198 10102-43-9 Nitric oxide 10 4.50 I
199 10102-44-0 Nitrogen dioxide 10 1.13 I
200 10108-64-2 Cadmium chloride 10 0.22 A
201 10124-36-4 Cadmium sulfate 10 0.22 A
202 10294-34-5 Boron trichloride 10 2.27 I
203 10588-01-9 Sodium dichromate 10 0.22 A
204 13138-45-9 Nickel nitrate 10 0.22 A
205 13463-39-3 Nickel carbonyl 1 0.45 I
206 13463-40-6 Iron pentacarbonyl 10 1.13 I
207 13478-00-7 Nickel(II) nitrate, hexahydrate 10 0.22 A
208 15699-18-0 Nickel ammonium sulfate 10 0.22 A
209 17540-75-9 Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)- 10 0.22 A
210 19287-45-7 Diborane 10 1.13 I
211 20816-12-0 Osmium tetroxide 1 0.22 I
212 25154-52-3 Nonylphenol 10 1.13 A
213 25167-67-3 Butene 1 4.50 E
214 26471-62-5 Toluene diisocyanate 10 4.50 I
215 41556-26-7 Decanedioic acid, bis(1,2,2,6,6-pentamethyl-4-piperidinyl) ester 10 1.13 A
216 64741-47-5 Natural gas condensates, petroleum 1 340 C
217 64741-48-6 Natural gas, petroleum, raw liquid mix 1 4.50 E
218 64741-86-2 Distillates, petroleum, sweetened middle 1 2500 F
219 64741-87-3 Naphtha, petroleum, sweetened 1 4.50 E
220 64742-80-9 Distillates, petroleum, hydrodesulfurized middle 1 2500 F
221 68334-30-5 Fuels, diesel 1 2500 F
222 68476-30-2 Fuel oil, No. 2 1 2500 F
223 68476-31-3 Fuel oil, No. 4 1 2500 F
224 68476-33-5 Fuel oil, residual 1 2500 F
225 68476-34-6 Fuels, diesel, No. 2 1 2500 F
226 68527-27-5 Naphtha, petroleum, full-range alkylate, butane-containing 1 80 C
227 68553-00-4 Fuel oil, No. 6 1 2500 F
228 68919-39-1 Natural gas condensates 1 45 C
229 72102-55-7 Methylium, [4-(dimethylamino)phenyl]bis[4-(ethylamino)-3-methylphenyl]-, acetate 10 0.22 A
230 81741-28-8 Tributyl tetradecyl phosphonium chloride 10 0.22 A
231 84852-15-3 4-Nonylphenol, branched 10 1.13 A
232 86290-81-5 Gasoline (motor fuel) 1 150 C
233 101316-57-8 Distillates, petroleum, hydrodesulfurized full-range middle 1 2500 F
234 128683-25-0 Crude oil, oil sand 1 2500 F

PART 2

Item

Column 1

CAS Registry Number

Column 2

Name of Substance

Column 3

Concentration(% mass/mass)

Column 4

Minimum Quantity (tonnes)

Column 5

Hazard Category (Short Form)
1 50-00-0 Formaldehyde, solution 10 6.80 I
2 64-19-7 Acetic acid 95 6.80 I
3 74-90-8 Hydrocyanic acid 10 1.13 I
4 79-21-0 Peracetic acid 10 4.50 I
5 1336-21-6 Ammonium hydroxide 20 9.10 I
6 6484-52-2 Ammonium nitrate, solution 81 20 O
7 7647-01-0 Hydrochloric acid 30 6.80 I
8 7664-39-3 Hydrofluoric acid 50 0.45 I
9 7664-41-7 Ammonia solution 20 9.10 I
10 7697-37-2 Nitric acid 80 6.80 I
11 7722-84-1 Hydrogen peroxide 52 3.40 O
12 7738-94-5 Chromic acid 10 0.22 A
13 7778-39-4 Arsenic acid 10 0.22 A
14 7790-94-5 Chlorosulfuric acid 10 2.27 I
15 10035-10-6 Hydrobromic acid 10 1.13 I

Legend:

SCHEDULE 2

(Subsections 3(1), paragraphs 3(5)(a) to (c) and 4(1)(a), subparagraphs 4(1)(b)(i) and (ii) and section 13)

Information to Be Submitted in the Notice Regarding Substances Located at a Facility

1 The following information respecting the facility:

2 The following information respecting the head office of the facility (if different from above):

3 The following information for each substance located at the facility in respect of which the notice is being submitted:

SCHEDULE 3

(Section 5)

Information to Be Submitted in the Notice Regarding the Preparation of an Environmental Emergency Plan

1 The following information respecting the facility:

2 (1) If the environmental emergency plan is based on an existing plan, a statement as to whether the existing plan was

(2) If the existing plan was prepared for another government or prepared under another Act of Parliament, the name of the government or the Act of Parliament.

3 The following information respecting the involvement of local authorities or groups:

4 The following information respecting the substance in respect of which the environmental emergency plan is prepared:

5 If applicable, a description of the area surrounding the facility that may be affected by an environmental emergency referred to in paragraph 4(2)(f) of the Regulations, including any hospitals, schools, residential, commercial or industrial buildings and any highways, public transit infrastructure, parks, forests, wildlife habitats, water sources or water bodies.

SCHEDULE 4

(Section 6)

Information to Be Submitted in the Notice Regarding the Bringing Into Effect of an Environmental Emergency Plan

1 The following information respecting the facility:

2 The following information respecting the environmental emergency plan:

SCHEDULE 5

(Sections 9 and 14)

Information to Be Submitted in the Notice Regarding Simulation Exercises Conducted in Relation to an Environmental Emergency Plan

1 The following information respecting the facility:

2 Confirmation that the annual simulation exercises referred to in paragraph 7(1)(a) of the Regulations were conducted.

3 The following information for each full-scale simulation exercise conducted under paragraph 7(1)(b) of the Regulations:

4 A statement as to whether or not the environmental emergency plan was updated in accordance with section 10 of the Regulations.

SCHEDULE 6

(Subsection 15(2))

Information to Be Submitted in the Notice Regarding a Change in Quantity or Capacity

1 The following information respecting the facility:

2 The day on which the quantity of the substance or the maximum capacity of the largest container system in which the substance is contained decreased to below the threshold set out in subsection 3(1) of the Regulations.

3 An explanation as to why there was a change in the quantity or the maximum capacity.

SCHEDULE 7

(Sections 16 and 17)

Information to Be Submitted in the Notice of Cessation of Operations or Transfer of Ownership

1 The following information respecting the facility:

2 If the notice concerns a cessation of operations, the following information:

3 If the notice concerns a transfer of the ownership of the facility, the following information:

SCHEDULE 8

(Subsection 18(3))

Information to Be Included in the Written Report of Environmental Emergency

1 The name, civic address and telephone number of the person who is providing the written report.

2 If applicable, the name of the entity or person that is responsible for the facility that is associated with the environmental emergency.

3 If applicable, the North American Industry Classification System codes, consisting of at least four digits, that describe the operations at the facility that is associated with the environmental emergency.

4 The date and time of the environmental emergency and the location where it occurred, including the latitude and longitude, expressed in decimal degrees to five decimal places, and, if applicable, the civic address of that location.

5 The name, CAS registry number and, if applicable, UN number of the substance that was released or likely to be released.

6 The quantity of the substance that was released or likely to be released or, if the quantity cannot be determined, an estimate of it.

7 If the substance is or was in a container system, a description of the container system, including a description of its condition.

8 A description of the harmful effects or potential harmful effects of the environmental emergency on the environment and on human life or health, including effects on any surrounding hospitals, schools, residential, commercial or industrial buildings, highways, public transit infrastructure, parks, forests, wildlife habitats, water sources or water bodies.

9 A description of the circumstances of the environmental emergency and its cause, if known, and of the measures taken to mitigate any harmful effects on the environment or on human life or health.

10 A description of all measures taken or planned to be taken to prevent similar environmental emergencies from occurring.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

In order to determine if substances pose acute risks to the environment and to human life and health as a result of a release to the environment, the Department of the Environment (the Department) conducts risk assessments for numerous substances. Recent risk assessments of certain substances that are not managed by the Environmental Emergency Regulations (the Regulations) concluded that any of these substances, if released, could result in an environmental emergency that would pose significant risks. These substances were identified as having risks, such as inhalation hazards, explosive or pool fire potential, and aquatic toxicity.footnote 2 At present, there is no federal obligation to mitigate the risks to the environment and general population associated with the use of these substances at land-based, fixed facilities. For several of these substances, in the case of an environmental emergency, there is no obligation to report spills or releases to the Department, which could lead to an ineffective response to the emergency.

In addition, ongoing administration of the Regulations, which were modified in 2011, has identified the need to clarify certain provisions. These provisions include those relating to public notifications and the exercising (testing) of environmental emergency plans, as well as other provisions that need to be reinforced to improve overall environmental emergency management. The need to improve the quality and timeliness of facility and hazardous substance information submitted by regulated parties to the Department has also been identified through this ongoing administration of the Regulations. It is essential that efforts be made to increase the reliability of this information, as it is used by both the Department and authorized public safety organizations to better manage the risks posed by regulated hazardous substances in Canada.

Background

Under the Canadian Environmental Protection Act, 1999 (CEPA), an environmental emergency is defined as an uncontrolled, unplanned or accidental release of a hazardous substance into the environment, or the reasonable likelihood of such a release into the environment. Part 8 of CEPA is dedicated to environmental matters related to emergencies, primarily in response to the 1984 disaster in Bhopal, India, in which 40 tonnes of toxic gas were released. As a result of this release, an estimated 11 000 people died, and over 500 000 people were injured from direct exposure and longer-term gas-related disease. The development of Canada’s Regulations was later triggered by the terrorist attacks of September 11, 2001, in the United States. The Regulations came into force on November 18, 2003, and they were later amended on December 8, 2011.footnote 3

Examples of recent environmental emergencies in Canada

Despite emergency management planning, spills and accidents still occur. Recent examples of accidents involving substances that pose risks similar to the risks posed by the substances recently assessed by the Department, which could lead to an environmental emergency, include: an explosion at a propane facility in Ontario in 2008, resulting in two fatalities, as well as property and environmental damages totalling millions of dollars; a release of a significant quantity of hydrochloric acid in Alberta in 2012, resulting in environmental damages and penalties costing hundreds of thousands of dollars; a release of ammonia at a food-processing plant in Ontario in 2015; and several recent fires and explosions involving petroleum compounds that resulted in worker injuries, evacuations and over one billion dollars in damages in Alberta.

With effective emergency planning and response procedures in place, the impacts of an accident or spill can be mitigated, for example, through the use of spill containment devices. The containment of a release of a significant amount of titanium tetrachloride from an industrial facility in the province of Quebec in 2015 is a recent illustration of a regulated party complying with the Regulations and effectively mitigating an environmental emergency. The release of titanium tetrachloride was contained and only a small portion of the initial release was actually released to the environment, as the facility followed an existing environmental emergency plan prepared in compliance with the Regulations.

Canada’s Environmental Emergency Regulations

The Regulations are essential to Canada’s four pillars of environmental emergency management: prevention, preparedness, response and recovery. Schedule 1 of the Regulations lists substances that have been determined to be hazardous, and the Regulations include specific requirements outlined below that apply to regulated parties (persons and companies) owning or having the charge, management or control of a substance listed in Schedule 1.

The risk assessment of substances is based on substance storage quantity, container capacity, and the risk of acute exposure resulting from an unplanned release of the substance.footnote 4 To determine if a substance is a candidate for addition to Schedule 1 of the Regulations, the Department conducts risk evaluations based on the following hazard categories:

Under the Regulations, regulated parties must submit a notice to the Department when either (i) the quantities of regulated substances, or (ii) the capacities of containers present at a facility or place that are used to contain regulated substances, meet or exceed regulated thresholds. If the regulated thresholds for both the substance quantity and the container capacity are met or exceeded, then regulated parties are required to prepare, implement and exercise environmental emergency plans and to submit notices to the Department confirming that they have prepared, implemented and exercised those plans.

As of 2018, approximately 4 800 facilities have reported to the Minister of the Environment (the Minister) that they are presently subject to the Regulations. Of these facilities, approximately 3 000 are required to prepare, implement, exercise and update environmental emergency plans. Approximately 75% of the estimated 4 800 regulated parties operate in the provinces of Ontario (30%), Alberta (25%) and Quebec (20%).

Compliance with the Regulations assists persons and companies in mitigating the potential costs of an environmental emergency by requiring that they develop environmental emergency plans when the applicable thresholds are met and to efficiently respond to and recover from incidents that may occur involving the release of hazardous substances. The environmental emergency plan must provide details on prevention, preparedness, response, and recovery measures in the event of an environmental emergency. Environmental emergency plans are risk management tools. In the event of an uncontrolled, unplanned or accidental release of a hazardous substance into the environment, they allow regulated parties to plan for and manage the consequences of such a release.

Results of the Environmental Emergency Regulations

Since 2003, the Regulations have led to many changes in behaviour and operation concerning the use and handling of regulated substances at facilities. To meet the requirements of the Regulations and to reduce the potential for significant adverse impacts resulting from spills or accidents, regulated parties have reformulated their products, reduced on-site quantities of regulated substances, changed processes to increase safety, and created guidelines detailing how to create and implement an emergency management program. In addition, several municipalities in the province of Quebec have established multi-stakeholder committees with representatives from industry and municipal, provincial and federal governments in order to manage the risks of accidents involving hazardous substances.

The information provided by regulated parties through mandatory reporting is used to monitor compliance with the Regulations, customize compliance promotion and enforcement activities, and assist public safety organizations, such as first responders, to prepare for and respond to spills or accidents involving hazardous substances. Public safety organizations in Canada, including police and fire departments and emergency management organizations, have received authorization from the Department to access the information concerning regulated parties and the types and quantities of regulated substances at their facilities.

Performance information underlying Environment and Climate Change Canada’s Departmental Result Report 2016-2017 indicates that approximately 98% of the required environmental emergency plans are in place.footnote 5 The Department will continue efforts to reach its target of full implementation of the required environmental emergency plans.

Objectives

The objective of the Environmental Emergency Regulations, 2019 (the final Regulations) is to further enhance environmental emergency management in Canada. For instance, improved environmental emergency management has been introduced through the addition of hazardous substances to Schedule 1 of the Regulations. This addition requires reporting on these substances, environmental emergency planning for higher-risk facilities, and reporting of environmental emergencies involving these substances.

In addition, the final Regulations aim to clarify and strengthen existing regulatory requirements and to ensure that the information available to public safety organizations and the Department is reliable, in order to help in minimizing the frequency and consequences of environmental emergencies in Canada and further enhance environmental emergency management in Canada.

Description

The final Regulations repeal and replace the Environmental Emergency Regulations, and they come into force 180 days following their registration. The changes in reference to the Environmental Emergency Regulations are described below.

Consolidation and modification of Schedule 1

Schedule 1 of the Regulations contains a list of 215 substances presented in three parts. Part 1 lists substances that are likely to explode, Part 2 lists substances that are hazardous when inhaled, and Part 3 lists other hazardous substances. To help improve the clarity of the Regulations and allow for easier identification of substances, the final Regulations modify Schedule 1 to consolidate the list of substances, expand the hazard categories and specify threshold quantities.

The final Regulations introduce 33 additional substances (Table 1) to the consolidated Schedule 1. One substance listed in Schedule 1 has been removed (Table 2) and two entries have been divided into two distinct substance entries, respectively (Table 3). Overall, these modifications to Schedule 1 increase the number of substances listed in the final Regulations to 249.

Regulated parties that have the ownership, or the charge, management or control, of any of these listed substances at or above specified thresholds are required to provide facility and substance information. If the thresholds for both the quantity and the container capacity are met, regulated parties are also required to either develop an environmental emergency plan or amend an existing plan to account for the new regulatory requirements, and bring into effect and exercise the plan.

Table 1: Substances being added to Schedule 1
Item Chemical Abstracts Service (CAS) Registry Number Name of Substance
1. 79-06-1 2-Propenamide
2. 80-05-7 Phenol, 4,4′-(1-methylethylidene)bis-
3. 100-44-7 Benzene, (chloromethyl)-
4. 110-49-6 Ethanol, 2-methoxy-, acetate
5. 110-54-3 Hexane
6. 111-15-9 Ethanol, 2-ethoxy-, acetate
7. 120-80-9 1,2-Benzenediol
8. 123-31-9 1,4-Benzenediol
9. 123-91-1 1,4-Dioxane
10. 126-73-8 Phosphoric acid, tributyl ester
11. 732-26-3 Phenol 2,4,6-tris(1,1-dimethylethyl)-
12. 1314-62-1 Vanadium pentoxide
13. 1336-21-6 Ammonium hydroxide
14. 7646-79-9 Cobalt chloride
15. 8002-05-9 Petroleum crude oil
16. 17540-75-9 Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)-
17. 41556-26-7 Decanedioic acid, bis(1,2,2,6,6-pentamethyl-4-piperidinyl) ester
18. 64741-47-5 Natural gas condensates, petroleum
19. 64741-48-6 Natural gas, petroleum, raw liquid mix
20. 64741-86-2 Distillates, petroleum, sweetened middle
21. 64741-87-3 Naphtha, petroleum, sweetened
22. 64742-80-9 Distillates, petroleum, hydrodesulphurized middle
23. 68334-30-5 Fuels, diesel
24. 68476-30-2 Fuel oil, No. 2
25. 68476-31-3 Fuel oil, No. 4
26. 68476-33-5 Fuel oil, residual
27. 68476-34-6 Fuels, diesel, No. 2
28. 68527-27-5 Naphtha, petroleum, full-range alkylate, butane-containing
29. 68553-00-4 Fuel oil, No. 6
30. 68919-39-1 Natural gas condensates
31. 72102-55-7 Methylium, [4-(dimethylamino)phenyl]bis[4-(ethylamino)-3-methylphenyl]-, acetate
32. 101316-57-8 Distillates, petroleum, hydrodesulfurized full-range middle
33. 128683-25-0 Crude oil, oil sand
Table 2: Substance being removed from Schedule 1
Item CAS Registry Number Name of Substance
1. 3333-67-3 Nickel carbonate
Table 3: Substance entries being divided in Schedule 1
Item Substance Entry in the Regulations Substance Entries in the Final Regulations
  CAS Registry Number Name of Substance CAS Registry Number Name of Substance
1. 74-90-8 Hydrogen cyanide
(hydrocyanic acid)		 74-90-8 Hydrogen cyanide
74-90-8 Hydrocyanic acid
2. 10035-10-6 Hydrogen bromide
(hydrobromic acid)		 10035-10-6 Hydrogen bromide
10035-10-6 Hydrobromic acid

Exercising of environmental emergency plans

Annual simulation exercise

In the cases where an environmental emergency plan is required or multiple plans are required for a facility, the final Regulations require that an annual simulation exercise be completed for each of the applicable hazard categories (identified in column 5 of Schedule 1) present at the facility, using environmental emergencies identified within the plan(s). The extent of the exercises must be such that personnel practice the response to a simulated environmental emergency that involves the release of a substance.

Full-scale simulation exercise every five years (quinquennial exercise)

The final Regulations require that a full-scale simulation exercise with the deployment of personnel, resources and equipment be conducted in respect to a substance every five years.

Public notification measures

The final Regulations contain more detailed provisions for environmental emergency plans concerning public notifications in advance of the possibility and potential consequences of an environmental emergency that could have harmful impacts outside the boundary of the facility, as well as concerning public notifications of the measures that would be taken by the responsible person, or by the responsible person and local authorities acting jointly, to protect human life and health and the environment in the event of an environmental emergency. The final Regulations also contain more detailed provisions for environmental emergency plans on measures that would be taken by a responsible person, or by a responsible person and local authorities acting jointly, to communicate with the public during and after an environmental emergency.

Additional requirements for environmental emergency plans

Under the final Regulations, each regulated party required to prepare an environmental emergency plan has to ensure that the plan is adequate to address emergency-related situations that could occur at their respective location. The intent of this provision is to ensure that regulated parties have adequately identified scenarios that could occur and have appropriately planned how to prevent, prepare for, respond to, and recover from potential environmental emergencies. In addition, in the event of an environmental emergency, regulated parties are required to activate the measures set out in the applicable environmental emergency plan.

The final Regulations also require that an environmental emergency plan include a plan of the facility showing the location of any substance in relation to the physical features of the facility and, if applicable, a description of consultations with local public safety authorities.

Reporting requirements

Periodic submission of notices

Under the final Regulations, regulated parties that meet either the applicable quantity threshold or the applicable container capacity threshold are required to submit periodic notices every five years with facility and substance information. Regulated parties that meet both the applicable quantity threshold and the applicable container capacity threshold, or only the applicable quantity threshold in the case of a substance that is not in a container system, are required to submit periodic notices every five years with facility and substance information, and with information on the simulation exercises undertaken for the environmental emergency plan in question. The periodic submission of notices will provide Departmental officials and authorized public safety organizations rapid access to an up-to-date national database of facilities where substances listed in Schedule 1 are present and meet the substance quantity or container capacity thresholds and that may have environmental emergency plans in place.

Reporting requirements in the event of an environmental emergency

Part 8 of CEPA requires that an enforcement officer or any other person designated by regulation or interim order be provided with a written report concerning an environmental emergency. The final Regulations designate the Regional Director, Environmental Enforcement Directorate, Enforcement Branch, Department of the Environment, in the region where the environmental emergency occurs.footnote 6

The final Regulations specify that a written report of an environmental emergency is only to be submitted if the release has or may have an immediate or long-term harmful effect on the environment, constitutes or may constitute a danger to the environment on which life depends, or constitutes or may constitute a danger in Canada to human life or health. This precision is intended to help clarify the criteria that trigger the need for a written environmental emergency report. If there is any doubt as to whether the incident is a reportable environmental emergency, the incident should be reported to the Department.

Also, the information to be included in the written report respecting the occurrence of an environmental emergency is set out in the final Regulations. It was moved from within the text of the Regulations to a schedule (Schedule 8) in the final Regulations.

Exclusions

The final Regulations contain an exclusion provision under the definition of substances for those substances contained within pipelines and facilities that are regulated under the National Energy Board Onshore Pipeline Regulations and the National Energy Board Processing Plant Regulations. Further, the final Regulations exclude substances in a pipeline that is located entirely within a province and that is on a property where there are no onshore installations other than pipelines, compressor stations or pump stations. The portions of a pipeline located within the property boundaries of a facility are subject to the final Regulations. The exclusion provisions for substances that are regulated under the Transportation of Dangerous Goods Act, 1992 and the Canada Shipping Act, 2001 are maintained in the final Regulations.

The final Regulations also contain an exclusion provision under the definition of substances for those substances used for on-site heating and power generation purposes, when persons or companies do not meet the substance quantity thresholds in Schedule 1. Examples of these substances are fuel oil, No. 2, which is often used as home heating fuel, and diesel fuel. Lastly, the final Regulations provide improved clarity with respect to the separation distance that is required between a propane tank and the property boundary in question in order to qualify for the exclusion provision relating to propane.

Other modifications

The final Regulations address other miscellaneous issues, as summarized below:

“One-for-One” Rule

Administrative burden costs are anticipated to increase due to the final Regulations since new reporting requirements are being introduced and since the number of regulated parties will rise to some extent following the addition of substances to Schedule 1. The increase in the number of regulated parties due to the final Regulations is expected to be approximately 200, based on the analysis of the number of regulated parties conducted for the 2011 amendments to the Regulations.

Given the estimated increases in administrative burden, the final Regulations are considered an “IN” under the “One-for-One” Rule; therefore, they will require equal and offsetting reductions in administrative costs imposed by other federal regulations.footnote 7 As the final Regulations repeal the Regulations and replace them with a new regulatory title, there is no requirement to repeal other existing regulations.

Under the Regulations being repealed, regulated parties had to submit to the Minister a notice on a one-time basis containing basic facility and substance information whether they were required to prepare an environmental emergency plan or not. Regulated parties were also required to submit information on environmental emergency plans, when applicable, and the exercising of those plans. The final Regulations maintain obligations related to the submission of notices concerning facility and substance information, the preparation of environmental emergency plans, and bringing into effect and exercising environmental emergency plans.

The final Regulations introduce periodic reporting requirements every five years to provide updates relating to facility and substance information, and environmental emergency plans, when applicable, in addition to the notices that are already required within 60 days of changes to facility or substance information that may occur in the interim. Further, under the final Regulations, regulated parties that must prepare an environmental emergency plan are required to submit to the Minister, every five years, a report containing information on annual and full-scale exercises undertaken during the five-year period in question.

The Department intends to communicate with regulated parties to remind them of upcoming due dates associated with their respective reporting requirements. In addition, the Department is in the process of updating its online reporting system to minimize the additional administrative burden imposed by the new reporting requirements.

Overall, the final Regulations introduce an administrative burden of approximately $113,000 in annualized average costs to all regulated parties. Net administrative impacts per regulated party are estimated to be, on average, about 45 minutes (0.75 hours) per year for approximately 5 000 regulated parties, which corresponds to approximately $25 in annualized average costs per stakeholder when allocated over the first 10 years of administrative cost impacts (2019–2028).footnote 8

Small business lens

The small business lens applies since most parties that are affected by the listing of the 33 additional substances in Schedule 1 of the final Regulations are considered small businesses.footnote 9 In particular, following an examination of information from the North American Industry Classification System (NAICS), it is estimated that the final Regulations implicate an additional 200 businesses, along with the existing 4 800 regulated parties across Canada. Approximately 95% of these parties are small businesses. This estimate is based on available employee count data and obtained by using the assumption that a small business is any business that has fewer than 100 employees.

Consultations were held with current and potential regulated parties prior to the publication of the proposed Environmental Emergency Regulations, 2016 (the proposed Regulations) in the Canada Gazette, Part I. Stakeholders, including small businesses, were generally supportive of the proposed Regulations.

Regulatory flexibility analysis statement

The final Regulations modify the existing administrative requirements such that regulated parties are now required to submit notices to the Minister on a recurring basis, beyond the submission of initial notices, providing information with respect to facilities, substances and environmental emergency planning.

For the purposes of analyzing possible avenues through which the administrative costs projected to be imposed on businesses by the final Regulations can be minimized, two regulatory options were considered for all businesses (small, medium and large): an initial option and a flexible option.

Under the initial option, it would be necessary for regulated businesses that do not have to prepare environmental emergency plans to submit information concerning facilities and substances once per year after the submission of the initial notice. For businesses that are required to prepare environmental emergency plans, it would be necessary to report information concerning facilities, substances and environmental emergency plans once per year after the submission of the initial notices.

Under the flexible option, it will be necessary for regulated businesses that do not have to prepare environmental emergency plans to submit facility and substance information once every five years after the submission of the initial notice. For businesses that must prepare environmental emergency plans, it will be necessary to report information concerning facilities, substances and environmental emergency plans once every five years after the submission of the initial notices.

Table 4 describes the two categories of businesses used in this flexibility analysis, and the options considered for these businesses with respect to the submission of information and notices beyond the initial notices required under the status quo.

Table 4: Description of options considered for businesses regarding administrative requirements
Category of Business Status Quo Initial Option Flexible Option
Businesses that are not required to prepare environmental emergency plans Businesses must submit an initial notice that contains facility and substance information. Following the submission of the initial notice, these businesses would be required to submit information once per year (annual reporting on facility and substance information). Following the submission of the initial notice, these businesses will be required to submit information once every five years (quinquennial reporting on facility and substance information).
Businesses that are required to prepare environmental emergency plans Businesses must submit the initial notice that contains facility and substance information, as well as two initial notices pertaining to the environmental emergency plan. Following the submission of the initial reports, these businesses would be required to report once per year (annual reporting on facility and substance information and environmental emergency plans). Following the submission of the initial notices, these businesses will be required to report once every five years (quinquennial reporting on facility and substance information and environmental emergency plans).

Due to the addition of the 33 additional substances to Schedule 1 of the final Regulations, it will be necessary for some businesses to prepare, bring into effect, exercise and update environmental emergency plans. Approximately 120 businesses will be required to prepare a new environmental emergency plan at an estimated unit cost of $14,000, while about 80 businesses will be required to update an existing plan at an estimated unit cost of $5,000. Further, it will be necessary for the businesses preparing new environmental emergency plans to exercise their plans on an annual basis. In particular, a full-scale simulation exercise (action-based simulation exercise requiring the deployment of personnel, resources and equipment) will be required once every five years at each facility. The estimated cost for each full-scale simulation exercise will vary depending on the size of the facility in question, as follows: $3,000 for small-sized facilities; $5,000 for medium-sized facilities; and $10,000 for large-sized facilities. Simulation exercises (exercise simulating the response to an environmental emergency involving the release of a substance) will need to be conducted at each facility once per year during the four years that full-scale exercising is not conducted, at an estimated cost of $1,000 per exercise. These cost estimates are derived from a study completed for the Department in 2014 concerning the impacts of environmental emergency planning.

Table 5: Regulatory flexibility analysis
  Initial Option
(annual reporting)		 Flexible Option
(quinquennial reporting)
Total number of businesses 5 000 5 000
  Annualized Value Present Value Annualized Value Present Value
Total compliance costs $470,000 $3,310,000 $470,000 $3,310,000
Compliance costs per business (200) $2,400 $17,000 $2,400 $17,000
Total administrative costs $450,000 $3,140,000 $190,000 $1,320,000
Administrative costs per business (5 000) $90 $630 $35 $260
Total costs $920,000 $6,450,000 $660,000 $4,620,000
Total cost per business (5 000) $180 $1,300 $130 $920
Risk considerations No incremental risks exist under the initial option. Relative to the initial option, the database used by the Department and authorized public safety organizations for the purposes of environmental emergency preparedness and response will not be updated as often. However, any risk to the environment or human life and health resulting from information concerning regulated parties, substances and planning activities not being updated on an annual basis is anticipated to be minimal. This risk is considered low and manageable, as higher-risk facilities are still required to submit information every five years, at a minimum.

Notes: The values presented in this table are calculated using an analytical time frame of 2019 to 2028, 2016 dollars, a discounting (present value) base year of 2019 and a 7% discount rate. Figures may not add up to totals due to rounding.

Table 5 provides the expected costs to all businesses under the initial and flexible options. Under both of these options, the annualized compliance costs to businesses are expected to be approximately $470,000 relative to the status quo. The initial option will result in annualized administrative costs of about $450,000, while the flexible option will result in annualized administrative costs of approximately $190,000. As a result, the increase in total annualized costs to businesses under the initial option is estimated to be $920,000, whereas the increase in total annualized costs to businesses under the flexible option is about $660,000.

Relative to the initial option, there will be a decrease in the amount of information submitted to the Minister under the flexible option. However, relative to the status quo, a significant increase in the amount of information submitted concerning facilities, quantities of substances and environmental emergency plans is anticipated under the flexible option. The flexible option is still expected to allow for enhanced identification of regulated parties, compliance monitoring and enforcement of the regulatory requirements, without the additional administrative costs associated with businesses reporting to the Minister annually on facilities and quantities of substances, or on environmental emergency plans. For these reasons, the flexible option is incorporated into the final Regulations.

Consultation

Consultation prior to publication of the proposed Regulations in the Canada Gazette, Part I

The preliminary consultations for the proposed Regulations were officially launched on November 19, 2013, and concluded on April 14, 2014.footnote 10 The consultations were conducted in two stages. In November 2013, a letter of intent to consult, inviting stakeholders to participate in the consultations, was distributed to stakeholders and posted on the CEPA Registry.footnote 11 The invitation was sent by email to approximately 17 000 stakeholders and by mail to an additional 400 industry stakeholders subject to the Regulations. In March 2014, stakeholders were provided with the opportunity to submit comments on the contents of the proposed Regulations. The stakeholder list included parties subject to the Regulations; parties indicating their involvement with some of the 49 substances originally proposed for addition to Schedule 1 through information-gathering activities conducted by the Department; parties subject to the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations, and therefore likely to be involved with some of the proposed 49 substances; potential regulated parties in the Department’s compliance promotion database; indigenous organizations; municipalities; provincial, territorial and other federal government organizations; stakeholders from the oil and gas industry in Canada; and members of the CEPA National Advisory Committee. Efforts were made to ensure that all stakeholders potentially impacted were reached and given the opportunity to participate in the consultation process.

Five webinars were offered by the Department in March 2014 in English and French for public participation. By the conclusion of the consultation period, the Department received 700 individual comments through an online feedback form, as well as 40 written submissions. Stakeholders were largely supportive of the proposed Regulations. The comments received helped to identify areas needing clarification and areas of concern for regulated and other interested parties. Following an assessment of some of the concerns raised, the Department determined that changes to the proposed Regulations could be made without endangering human life and health, or the environment. Accordingly, the Department made numerous changes to the proposed Regulations. A summary of the comments received and responses to those comments is available on the Department’s website, as well as in the Regulatory Impact Analysis Statement (RIAS) published in the Canada Gazette, Part I, which accompanied the publication of the proposed Regulations.footnote 12

Consultation following the publication of the proposed Regulations in the Canada Gazette, Part I

On October 8, 2016, the proposed Regulations were published in the Canada Gazette, Part I, which initiated a 60-day public comment period where interested parties were invited to submit their written comments. The proposed Regulations were posted on the CEPA Registry website to make them broadly available to interested parties. The Department also distributed an email to interested parties to inform them of the formal consultation process. The Department informed the CEPA National Advisory Committee members by mail of the release of the proposed Regulations and of the opportunity to submit written comments.

During the public comment period, the Department received a total of 61 written submissions from a range of stakeholders, including industry associations, companies, the general public, as well as federal, provincial, territorial and municipal governments.

Various industry, governmental and non-governmental stakeholders requested changes to some elements of the proposed Regulations to modify the regulatory text for improved clarity concerning definitions or other administrative provisions. As well, some industry stakeholders requested clarifications regarding the regulatory text and its applicability. The Department has addressed most of these concerns by providing explanations or by making modifications to the regulatory text.

After the public comment period closed, the Department engaged in a series of consultation meetings and conference calls in 2017 and 2018 with key industry associations and other governmental and non-governmental stakeholders to advise on how stakeholder comments were being taken into consideration in the development of the final Regulations. As mentioned above, a summary of the comments received and responses to those comments is available on the Department’s website. The following paragraphs summarize the main issues raised by interested parties with respect to the proposed Regulations published in the Canada Gazette, Part I, and the Department’s consideration of these issues leading to the finalization of the final Regulations. The Department has taken the feedback from stakeholders into account in developing the final Regulations. Interested parties generally supported the proposed Regulations and the addition of hazardous substances to Schedule 1.

Removal of substances proposed to be added to Schedule 1

Of the substances proposed for addition to Schedule 1 of the Regulations, four strong acids and eight strong bases were proposed to be added based on their corrosive hazard. Three substances (acids) already listed in Schedule 1 for inhalation hazards were proposed to be regulated for corrosiveness, with lower thresholds. Three carcinogenic substances were also proposed to be added to Schedule 1.

Comment: Feedback from industry stakeholders suggested that corrosive and carcinogenic substances should not be added to Schedule 1, indicating that the hazards posed by these substances are better managed using other existing risk management instruments. If corrosive substances were to be added to the Regulations, industry stakeholders recommended increasing the thresholds for these substances to align with other regulations.

Response: The Department concurs that corrosive and carcinogenic substances are more appropriately managed by a variety of existing controls such as health and safety legislation. For example, the hazards posed by corrosive substances are covered at the federal level by the Hazardous Products Act and the Hazardous Products Regulations. In addition, the provincial and territorial governments have occupational health and safety controls in their respective jurisdictions that address the hazards posed by corrosive substances. As a result, the 12 corrosive substances and the 3 carcinogenic substances, which were proposed for addition, have not been added to the final Regulations.footnote 13,footnote 14 Three acids with inhalation hazards from the Regulations will remain listed in the final Regulations with their original thresholds. These three acids and their thresholds are hydrochloric acid (30% concentration) with a threshold of 6.8 tonnes; nitric acid (80% concentration) with a threshold of 6.8 tonnes; and hydrobromic acid (10% concentration) with a threshold of 1.13 tonnes. In addition, the Department also decided to remove nickel carbonate from Schedule 1, which was listed as a carcinogenic substance under the Regulations. Lastly, carcinogenic considerations will no longer be incorporated into the determination of threshold concentrations for the aquatic toxicity hazard category.

Public notification measures

The proposed Regulations required regulated parties to provide a description of the measures that would be taken to communicate with the public before, during and after an environmental emergency. These measures focused on members of the public who could be impacted by an environmental emergency resulting from the release of the largest quantity of a regulated substance at the location.

Comment: Stakeholder feedback indicated that basing the advance public notification measures on the possible release of the maximum quantities of regulated substances at a given facility could be extremely costly and cause undue financial burden and public worry. In addition, industry stakeholders noted that the probability of such an event occurring is low and it is preferable to invest resources in advance public notification measures for an environmental emergency scenario which is more likely to occur.

Response: In order to comply with the Regulations, stakeholders must notify members of the public who may be adversely affected by an environmental emergency and inform them of what to do in the event of such an emergency. However, ongoing administration of the Regulations has identified the need to clarify these public notification provisions. The Department has therefore implemented changes to the final Regulations which now require regulated parties to take measures to inform the public in advance of a potential environmental emergency that meet two criteria. First, the environmental emergency must be more likely to occur than an environmental emergency resulting from the release of the largest quantity of a regulated substance at the facility in question. Second, among the emergencies that are more likely to occur, the environmental emergency used for advance notification must have the largest expected impact distance outside the boundary of that facility. These measures will help ensure that the resources invested in advance public notifications are allocated to likely scenarios with potentially significant impacts. These modifications are not expected to have a significant impact on stakeholders who are already in compliance with the public notification requirement in the Regulations. It is still the responsibility of the persons preparing environmental emergency plans to consider all possible emergency scenarios. Public communication must occur during and after any environmental emergency that occurs at a facility, involves a substance listed in Schedule 1 of the final Regulations, and has a harmful impact on the environment or on human life and health.

Exercising of environmental emergency plans

The proposed Regulations specified that regulated parties must conduct annual environmental emergency plan exercises for each individual substance within a hazard category. The proposed Regulations also specified that regulated parties must conduct full-scale exercises at least once every five years for all applicable hazard categories.

Comment: Stakeholder comments indicated that meeting these requirements would be costly, and that annual exercises should be based on hazard categories rather than on individual substances, since response measures for substances within the same hazard category are expected to be similar. Flexibility with respect to full-scale exercises was also requested by industry stakeholders, which would help minimize potential costs and requests to first responders to participate in practice exercises, while enabling companies to meet the regulatory requirements of preparing and exercising plans so that they are prepared to respond should an environmental emergency occur.

Response: The Department considers annual and full-scale environmental emergency simulation exercises to be essential in maintaining the skills and knowledge that are necessary to reduce the possibility of on-site accidents. The Department agrees with stakeholder observations that efficiencies could be gained in relation to the requirements in the proposed Regulations for annual and full-scale exercising of environmental emergency plans. Thus, the requirements for simulation exercises under the final Regulations have been modified to specify that annual environmental emergency plan exercises must be conducted based on hazard category, and not on individual substances within each hazard category. The final Regulations also specify that full-scale environmental emergency plan exercises must be conducted once every five years for at least one substance.

Exclusions for certain substances that are combustible or likely to explode

The proposed Regulations included a provision in the regulatory text stating that a substance identified as combustible or likely to explode in Schedule 1 is excluded if it is present in a mixture, and the flash point and the boiling point of the mixture are greater than 23 °C and 35 °C, respectively.

Comment: Industry stakeholders recommended maintaining the requirements of the Regulations. Specifically, they indicated that, if a substance identified as combustible or likely to explode is present in a mixture, and the mixture only meets either the flash point or the boiling point criterion, it should be excluded from environmental emergency planning.

Response: For the final Regulations, the Department decided to keep the exclusion criteria, as specified in the proposed Regulations. This will require that environmental emergency planning be undertaken for regulated substances that are combustible or likely to explode, which are present in mixtures meeting either the flash point or the boiling point criterion, when the substance quantity and container capacity thresholds are met. Such mixtures pose a danger due to their ability to cause vapour cloud explosions. The final Regulations indicate that the exclusion criterion only applies when the mixture has both a flash point and a boiling point greater than 23 °C and 35 °C, respectively.

Harmonization of regulatory requirements

Comment: To reduce duplication and burden on regulated parties, some industry stakeholders recommended harmonizing the final Regulations with existing federal and provincial regulations and emergency preparedness requirements. They also requested clarification with respect to exemptions for facilities that use substances already regulated under the National Energy Board Onshore Pipeline Regulations, the National Energy Board Processing Plant Regulations, as well as pipelines regulated by the Alberta Energy Regulator.

Response: To reduce duplication and regulatory overlap, the Department has worked and continues to work with provincial and federal partners when developing regulations. The final Regulations indicate that an existing plan created for another jurisdiction may be used if it meets the regulatory requirements. Further, the final Regulations exclude substances in a pipeline that is located entirely within a province and that is on a property where there are no onshore installations other than pipelines, compressor stations or pump stations. The portions of a pipeline located within the property boundaries of a facility are subject to the final Regulations.

The final Regulations also exclude substances within pipelines and facilities that are regulated under the National Energy Board Onshore Pipeline Regulations and the National Energy Board Processing Plant Regulations. The National Energy Board is the lead federal regulatory agency responsible for the approval of federal pipelines, and the oversight of associated safety and security management programs, environmental protection requirements, and the reporting and management of pipeline incidents. The Regulations already exclude substances regulated under the Transportation of Dangerous Goods Act, 1992 and the Canada Shipping Act, 2001.

Coming-into-force date of the final Regulations

The proposed Regulations stated that they would come into force on the day on which they were registered.

Comment: Feedback from industry stakeholders indicated that regulated parties require a longer time period to prepare and understand the requirements of the final Regulations. Stakeholders thus requested that the final Regulations come into force, at a minimum, three months after their publication in the Canada Gazette, Part II.

Response: The Department has changed the coming-into-force provision of the final Regulations in response to these concerns and to provide industry stakeholders with sufficient lead time to comply. The final Regulations will come into force 180 days following their registration.

Reporting requirements for environmental emergencies

Comment: Stakeholders commented that not identifying hazardous substance quantity thresholds in the Regulations for the purposes of reporting environmental emergencies to the Department creates confusion with respect to the type of releases or spills to report. Industry stakeholder comments suggested setting spill reporting thresholds so that regulated parties know when to report and recommended that the Department refer to other regulations, such as provincial regulations, and the Transportation of Dangerous Goods Regulations (TDGR), to set reporting thresholds.

Response: The Department reviewed provincial regulations as well as the TDGR. Some provincial governments specify spill reporting thresholds, while others do not. It is important to note that the Regulations are not aligned with the TDGR with respect to reporting thresholds as the TDGR and the Regulations have different policy intents. The TDGR reporting thresholds are based primarily on public safety, while the Regulations primarily consider the environment and human life and health.

The Department has decided not to specify spill reporting thresholds in the final Regulations because the impacts of environmental emergencies can be influenced by site-specific circumstances and proximity to hospitals, schools, residential, commercial or industrial buildings, parks, forests, wildlife habitats, water sources, or water bodies. The final Regulations include provisions (section 18) to identify the environmental emergencies for which written reports must be made as soon as possible in the circumstances. In particular, the final Regulations include criteria specifying that a written report of an environmental emergency shall be made when the emergency has or may have an immediate or long-term harmful effect on the environment; constitutes or may constitute a danger to the environment on which life depends; or constitutes or may constitute a danger in Canada to human life or health. In doing so, the Department intends to maintain a wide scope for the purposes of the written reporting of environmental emergency events.

Cost impacts related to the Regulations

Comment: Some industry stakeholders expressed concerns regarding the estimates of costs that regulated parties would incur, indicating that the RIAS associated with the proposed Regulations underestimated the costs of mandatory environmental emergency planning and exercising.

Response: It is important to note that the cost estimates in this RIAS do not represent the overall compliance cost impacts of the Regulations. These estimates represent the incremental impacts related to compliance due to the addition of 33 substances to Schedule 1 and the associated planning and exercising of emergency plans for those substances. The incremental compliance costs of the final Regulations are anticipated to be significantly lower than the total compliance costs incurred by regulated parties. Nonetheless, the following flexibilities, which are included in the final Regulations, will help minimize the total compliance costs associated with preparing and exercising environmental emergency plans:

The compliance flexibilities in the final Regulations have been taken into account in the cost estimates in this RIAS for new regulated parties only. It is possible that these flexibilities will lead to incremental cost savings for existing regulated parties; however, these potential savings have not been estimated in this analysis.

Lastly, the final Regulations have been modified in an attempt to minimize the administrative cost impacts of the Regulations, where appropriate. In particular, the final Regulations include requirements for periodic reporting every five years for regulated parties that have environmental emergency plans, as well as for regulated parties that are not required to prepare an environmental emergency plan.

Rationale

The fundamental objective of the final Regulations is to further enhance environmental emergency management in Canada. This objective will be accomplished by requiring environmental emergency planning and reporting for additional hazardous substances, improving the quality and timeliness of information submitted by regulated parties to the Department, and clarifying and strengthening existing regulatory requirements. The final Regulations thus provide enhanced protection to the environment and human life and health against possible environmental emergencies, such as the deterioration of the natural environment, the loss of resource use, and personal injuries or loss of life.

The final Regulations add 33 additional substances to Schedule 1. These substances were recently assessed by the Department and determined to pose hazards to the environment or human life and health, if an environmental emergency occurs. The two industry sectors that will be most affected by the addition of the 33 substances are the chemical manufacturing sector and the petroleum sector. It is expected that the current geographical distribution of regulated parties will remain relatively unchanged following the implementation of the final Regulations.

The addition of the 33 hazardous substances to Schedule 1 requires regulated parties to prepare and exercise environmental emergency plans that incorporate these substances if regulated conditions are met. The addition of these substances also requires regulated parties to submit facility and substance information to the Department, if regulated conditions are met, as well as on the occurrence of spills or releases that cause or could cause environmental emergencies. This information will enhance environmental emergency management by allowing the Department and authorized public safety organizations to track the number of spills, other releases and accidents associated with the 33 substances across the country. An increase in annualized compliance costs of around $470,000, or $2,400 per stakeholder, is estimated to be borne by about 200 regulated parties, given that environmental emergency plans will have to be prepared and exercised due to the addition of the 33 substances to Schedule 1.

In addition, the final Regulations introduce periodic reporting requirements that will provide enhancements to the timeliness and accuracy of the data currently available to public safety organizations and the Department. It is essential that first responders and departmental officials have access to a database containing up-to-date information on regulated parties, substances and planning activities, in order to facilitate timely and appropriate responses in the event of an environmental emergency. An increase in annualized administrative costs of about $190,000, or $35 per stakeholder, is estimated to be borne by approximately 5 000 regulated parties as a result of the periodic reporting provisions introduced by the final Regulations. The additional annualized costs incurred by the Department to administer and enforce the final Regulations are projected to be in the order of $100,000.

The final Regulations strengthen and update the Regulations through the consolidation and modification of the list of regulated substances (Schedule 1), and through the introduction of the requirement to activate an emergency plan that includes adequate measures during an environmental emergency. The final Regulations also strengthen and update the Regulations by clarifying and enhancing the existing public notification requirements. For instance, the protection of human life and health will be improved by the requirement for regulated parties to document more clearly, within their environmental emergency plans, the measures that will be taken to communicate with the members of the public who may be adversely affected by an emergency. It is anticipated that these requirements will help mitigate the impacts of an environmental emergency on members of the public. Considering that the magnitude of the additional compliance and administrative costs borne by regulated parties is relatively low, it is expected that any potential price increase faced by consumers related to the addition of a substance to Schedule 1 of the final Regulations will be negligible.

There is evidence that the Regulations are having a positive impact on the implementation of environmental emergency planning across the country. To date, over 95% of regulated parties in Canada that require environmental emergency plans have confirmed that such plans have been prepared and are in place. By strengthening and expanding the scope of environmental emergency management, the final Regulations are expected to be beneficial to Canadians and the environment, as they will help to minimize the frequency and consequences of environmental emergencies in Canada. Overall, the final Regulations are linked to the federal government’s policies for environmental emergency management, and they support the Government of Canada’s actions to protect the environment and human life and health from the risks posed by hazardous substances.

Strategic environmental assessment

CEPA serves as the legislative authority for the Regulations, as well as for the final Regulations. In accordance with The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, an additional strategic environmental assessment is not required, as comparable provisions for environmental emergency management under CEPA were previously assessed in the CEPA investment plan for the 2003 federal budget.footnote 15

Implementation, enforcement and service standards

The compliance promotion approach for the final Regulations will be similar to that taken for the Regulations, with a few improvements. As previously noted, the Department is in the process of updating its online reporting system and a new all-electronic reporting system will be offered for reporting under the final Regulations through the Department’s single window information management system.footnote 16 Information on the final Regulations will be provided on the Department’s website and updated periodically, as needed. In particular, implementation guidelines will be updated and posted on the Department’s Environmental Emergencies Program website prior to the final Regulations coming into force. These implementation guidelines will help explain mandated timelines for facility and substance reporting, and for environmental emergency planning and exercises, and they will provide assistance to regulated parties with respect to calculations for substance quantities and preparing environmental emergency plans.

The Department conducts regular compliance promotion activities and each departmental regional office is staffed with compliance promotion staff with expertise in responding to inquiries regarding the implementation of the Regulations. The final Regulations will come into force 180 days after the day on which they are registered. Implementation and enforcement of the final Regulations will be undertaken by the Department in accordance with the Compliance and Enforcement Policy for CEPA (the Policy).footnote 17

As the final Regulations are made under CEPA, enforcement officers will apply the Policy when verifying compliance with the regulatory requirements. The Policy sets out the range of possible responses to alleged violations, including warnings, directions, environmental protection compliance orders, administrative monetary penalties, ticketing, ministerial orders, injunctions, prosecution, and environmental protection alternative measures, which are an alternative to a court trial after the laying of charges for a violation under CEPA. In addition, the Policy explains when the Department will resort to civil suits by the Crown for cost recovery. Following an inspection or investigation, when an enforcement officer discovers an alleged violation, the officer will choose the appropriate enforcement action based on the Policy.

Contacts

Tanya Bryant
Acting Director
Environmental Emergencies Division
Environmental Protection Operations Directorate
Environmental Protection Branch
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.ue-e2.ec@canada.ca

Matthew Watkinson
Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Environment and Climate Change Canada
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.darv-ravd.ec@canada.ca