GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Environmental Response Regulations — 9
ritten confirmation — vessels 35 (1) A response organization must obtain written confirmation from the owner or operator of a vessel referred to in paragraph 18 (1)(f), and submit the confirmation to the Minister upon request, that the vessel is (a) able to perform the tasks assigned to it and is compliant with regulations that apply to performing the tasks; and (b) able to operate safely in unsheltered waters in Beaufort Force 4 conditions when performing the tasks assigned to it, if it is intended to perform the tasks in unsheltered waters. Operating hours — vessels (2) A response organization must obtain from the owner or operator of each vessel referred to in paragraph 18 (1)(f) a written statement setting out that vessel’s operating hours. Equipment at designated port 36 The equipment referred to in paragraph 18 (1)(i) with respect to a designated port must be kept at that designated port, unless the Minister permits its removal. Cancellation of certification 37 (1) For the purposes of subsection 169(6) of the Act, the Minister may cancel a response organization’s certificate of designation beginning on the day on which the response organization (a) becomes insolvent; (b) commits an act of bankruptcy; (c) is dissolved; or (d) abandons or transfers its business. Suspension or cancellation of certification (2) For the purposes of subsection 169(6) of the Act, the Minister may suspend or cancel a response organization’s certificate of designation if the Minister considers that the response organization is not compliant with the requirements that apply to it under the Act or if the Minister is of the opinion that it is in the public interest to do so. Request to renew certification 38 A response organization must submit any application to renew its certificate to the Minister at least 90 days before the day on which the current certificate of designation expires. Fees — notice 39 For the purposes of subsection 170(2) of the Act, a response organization or a qualified person must publish the fees that they propose to charge in the Canada Gazette , Part I.
Environmental Response Regulations — 17
Quantity of oil 17 For the purposes of subsection 169(1) of the Act, the prescribed quantity of oil is 10,000 tonnes.
Environmental Response Regulations — 18
resources referred to in the response plan are available to the response organization and that the response organization is capable of implementing the procedures included in the response plan. Contingency plan (2) The response plan must take into account any plan issued and made available by the Canadian Coast Guard for the response organization’s geographic area regarding oil pollution incidents.
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Content — area response plan 19 A response organization’s response plan for a smaller area referred to in paragraph 18 (1)(r) must include (a) a description of the area, including its operating environments and geographical boundaries; (b) a description of the types of vessels in each class described in section 2 that are located in the smaller area and of the types of oil transported within that area; (c) a list of any designated ports and oil handling facilities that are located in the smaller area; (d) the site where the equipment and resources necessary to treat the smaller area are located and the time required for the equipment and resources to be deployed or delivered to that area; (e) the lists of the contractors and of the vessels referred to in paragraphs 18 (1)(d) and (f), respectively, that may be requested to respond within the smaller area; and (f) a description of the areas of environmental sensitivities within the smaller area, including shoreline types, and the measures to be taken for their treatment.
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Annual review 20 (1) A response organization must, each year, (a) review and, if necessary, update the response plan referred to in section 18 ; and (b) submit the up-to-date plan to the Minister or, if there is no update to the plan, notify the Minister in writing to that effect. Review — events (2) The response organization must also review its response plan each time either of the following events occur and, if necessary, update the affected portions of the plan: (a) the identification of a deficiency in the plan after an oil pollution incident or an oil pollution incident simulation exercise; (b) any change to the information referred to in any of paragraphs 18 (1)(i), (j) and (q) or any other change to the response organization’s operations that requires an increase in the quantity of equipment or resources. Submission of updates — events (3) If the response organization updates its response plan under subsection (2), the response organization must submit the up-to-date plan to the Minister no later than 45 days after the day on which the event occurs.
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Records 21 (1) A response organization must keep a record of the date and the results of each review of its response plan referred to in section 18 , including any updates to the plan. Retention and submission (2) The response organization must keep the information in the record for three years after the day on which the information is recorded and must submit the record to the Minister with the response plan updated under section 20 or with the notice referred to in paragraph 20 (1)(b).
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Procedures — general 22 The procedures referred to in paragraph 18 (1)(g) must include measures to be taken to (a) provide on-water containment and on-water recovery; (b) treat and protect areas of environmental sensitivities; (c) treat the different shoreline types; (d) ensure a simultaneous response in all affected operating environments; (e) store recovered materials; (f) haze birds from the location of the oil pollution incident and support wildlife rehabilitation activities of other entities; (g) recover submerged oil; (h) provide equipment and resources to the persons managing the response operation; (i) coordinate response operations with the Canadian Coast Guard and federal, provincial and other bodies responsible for, or involved in, the protection of the environment; (j) treat at least 500 m of shoreline in a day; (k) mobilize the equipment and resources of the response organization within two hours of a request made by a vessel or oil handling facility under an arrangement referred to in paragraph 167(1)(a) or 168(1)(a) of the Act or by the Canadian Coast Guard; and (l) ensure that, in the case of on-water recovery operations for discharged oil in unsheltered waters, the equipment can be safely operated in Beaufort Force 4 conditions.
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Procedures — daily capacities 23 (1) The procedures referred to in paragraph 18 (1)(g) must set out, for an oil pollution incident of 150 tonnes, 1,000 tonnes, 2,500 tonnes and 10,000 tonnes of oil, the following daily capacities: (a) the daily capacity of primary storage and of resources and equipment for containment and recovery necessary to recover on water — from the sheltered waters and unsheltered waters of the applicable port or marine region set out in column 1 of the applicable Part of Schedule 2 — the corresponding percentage of oil set out in columns 3 and 4 of that Schedule within 10 days after the day on which the resources and equipment are deployed to or delivered in the affected operating environment; (b) the daily capacity of primary storage and of resources and equipment for containment and recovery necessary to recover on water — from the applicable port or marine region set out in column 1 of the applicable Part of Schedule 2 — 10% of the corresponding percentage of oil set out in column 2, within 50 days after the day on which the resources and equipment are deployed to or delivered in the affected operating environment; and (c) the daily capacity of the secondary storage necessary to recover, from the surface of the waters referred to in paragraphs (a) and (b), double the capacity of primary storage referred to in each of those paragraphs. Interpretation (2) The following definitions apply in this section. primary storage means the equipment used to store recovered materials before the recovered materials are transferred to secondary storage. ( entreposage primaire ) secondary storage means the equipment used to store recovered materials before the recovered materials are transported for final disposal. ( entreposage secondaire )
Environmental Response Regulations — Environmental Response Regulations
primary storage means the equipment used to store recovered materials before the recovered materials are transferred to secondary storage. ( entreposage primaire )
Environmental Response Regulations — Environmental Response Regulations
secondary storage means the equipment used to store recovered materials before the recovered materials are transported for final disposal. ( entreposage secondaire )
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Deployment or delivery 24 (1) The procedures referred to in paragraph 18 (1)(g) must provide for (a) the deployment of equipment and resources required to treat 150 tonnes of oil in a designated port to the affected operating environment within six hours of a request referred to in paragraph 22 (k) having been made; (b) the deployment of equipment and resources required to treat 1,000 tonnes of oil in a designated port to the affected operating environment within 12 hours of a request referred to in paragraph 22 (k) having been made; (c) the delivery of equipment and resources required to treat 2,500 tonnes of oil in the part of a primary area of response that is located outside of a designated port or in an enhanced response area to the affected operating environment within 18 hours of a request referred to in paragraph 22 (k) having been made; (d) the delivery of equipment and resources required to treat 10,000 tonnes of oil in the part of a primary area of response located outside of a designated port or in an enhanced response area to the affected operating environment within 72 hours of a request referred to in paragraph 22 (k) having been made; (e) the delivery of equipment and resources required to treat 2,500 tonnes of oil in any other marine region in the geographic area of the response organization, within the time set out in paragraph (c) plus the additional time necessary to travel, at an average travel speed, to the affected operating environment from the nearest primary area of response or enhanced response area; and (f) the delivery of equipment and resources required to treat 10,000 tonnes of oil in any other marine region in the geographic area of the response organization to the affected operating environment within the time set out in paragraph (d) plus the additional time necessary to travel, at an average travel speed, from the nearest primary area of response or enhanced response area. Estimated number of hours (2) The procedures referred to in paragraph 18 (1)(g) must provide the estimated number of hours required for the equipment and resources referred to in subsection (1) to be deployed or delivered to the affected operating environment. Definition of average travel speed (3) For the purposes of paragraphs (1)(e) and (f), average travel speed means a speed of (a) 6 knots by sea; (b) 65 km/h by land; and (c) 100 knots by air.
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Training 25 (1) The training that a response organization must provide under paragraph 171(c) of the Act must (a) prepare a person who may be requested to respond to an oil pollution incident to undertake their role in the response; and (b) be training that the response organization determines to be necessary for the following classes of persons according to the role that they may be requested to undertake in the event of an oil pollution incident: (i) the response organization’s permanent personnel, (ii) the response organization’s contractors, and (iii) any other persons who may be requested to respond on short notice to an oil pollution incident. Training record (2) A response organization must keep a training record for each person referred to in paragraph 18 (1)(n), other than a person who may be requested to respond on short notice to an oil pollution incident, including the name and position of the person, title of the training and date on which the training was received. Retention and Ministerial access (3) A response organization must keep the training record for a period of at least five years after the date of the training or, if the training is valid for more than five years, until the date on which the validity period ends. The response organization must make the record available to the Minister upon request.
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Type of exercises 26 (1) A response organization’s exercise program must include (a) oil pollution incident simulation exercises, other than notification exercises but including equipment deployment exercises that evaluate the effectiveness of the procedures, equipment and resources set out in the response plan referred to in section 18 ; and (b) notification exercises to verify the response organization’s ability to notify, as soon as feasible, the personnel referred to in paragraph 18 (1)(c) and the contractors referred to in paragraph 18 (1)(d) and verify their availability. Coordination (2) The exercises referred to in paragraph (1)(a) must be coordinated with the Minister and, if possible, with the persons, entities and vessels that may be involved in an oil pollution incident or that may be requested to respond to such an incident. Number of exercises (3) A response organization must conduct at least (a) eight exercises referred to in paragraph (1)(a) for each primary area of response over the three-year period that begins on the day on which a certificate of designation is issued to the response organization, including at least one exercise simulating a discharge of each of the following quantities of oil with respect to each primary area of response: (i) at least 120 tonnes, (ii) at least 800 tonnes, (iii) at least 2,000 tonnes, (iv) subject to subsection (5), at least 8,000 tonnes; and (b) four notification exercises each year for each primary area of response. Enhanced response area (4) A response organization must conduct at least one exercise referred to in paragraph (1)(a) that simulates a discharge of a quantity of oil equivalent to that described in any of subparagraphs (3)(a)(i) to (iv) with respect to each enhanced response area, if any. The exercise counts towards one of the eight exercises referred to in paragraph (3)(a) for the primary area of response that is nearest to the enhanced response area in respect of which the exercise is conducted. More than one primary area of response (5) If a response organization has more than one primary area of response, the exercise referred to in subparagraph (3)(a)(iv) may be conducted only once in its geographic area.
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Exercise program schedule 27 (1) A response organization must establish a schedule by primary area of response that specifies the year in which it plans to conduct each exercise referred to in paragraph 26 (1)(a), the quantity of discharged oil that the exercise will simulate and, in the case of an exercise referred to in subsection 26 (4), the enhanced response area in respect of which the exercise will take place. Changes to schedule (2) A response organization must not make any changes to the schedule without the approval of the Minister.
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Request of Minister 28 A response organization must, at the request of the Minister, conduct an exercise referred to in paragraph 26 (1)(a) and that exercise counts, for the primary area of response that is nearest to the location in respect of which the exercise is conducted, as an exercise referred to in any of subparagraphs 26 (3)(a)(i) to (iv) with respect to the equivalent quantity of oil.
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Ministerial involvement 29 A response organization must collaborate with the Minister in the development of each exercise referred to in paragraph 26 (1)(a) from the beginning of its development and take into account the Minister’s comments.
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Amendment or addition of objectives 30 A response organization must amend any objective of or add an objective to an exercise at the request of the Minister.
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Stakeholder involvement 31 A response organization must invite local Indigenous groups and other local stakeholders to participate in the exercises referred to in paragraph 26 (1)(a).
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Exercise report 32 A response organization must submit a report to the Minister within 45 days after the day on which it conducts an exercise and must include in the report (a) the date on which the exercise was conducted; (b) a description of any simulation that was conducted; (c) a description of the objectives of the exercise, the means used to meet the objectives and an indication of whether the objectives were met; and (d) any deficiencies that were identified, a description of the actions that are planned to address those deficiencies and any possible improvements that could be made to the response plan referred to in section 18 or to future exercises.
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Evidence 33 A response organization must submit to the Minister upon request and in the form and manner specified by the Minister, any evidence, including demonstrations, that the Minister determines is necessary to establish that the response organization is capable of responding to an oil pollution incident of up to 10,000 tonnes of oil in an operating environment in its geographic area.
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Notice 34 A response organization must notify the Minister as soon as feasible after it responds to an oil pollution incident or to any other incident that could affect its ability to respond to an oil pollution incident.
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Written confirmation — vessels 35 (1) A response organization must obtain written confirmation from the owner or operator of a vessel referred to in paragraph 18 (1)(f), and submit the confirmation to the Minister upon request, that the vessel is (a) able to perform the tasks assigned to it and is compliant with regulations that apply to performing the tasks; and (b) able to operate safely in unsheltered waters in Beaufort Force 4 conditions when performing the tasks assigned to it, if it is intended to perform the tasks in unsheltered waters. Operating hours — vessels (2) A response organization must obtain from the owner or operator of each vessel referred to in paragraph 18 (1)(f) a written statement setting out that vessel’s operating hours.
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Equipment at designated port 36 The equipment referred to in paragraph 18 (1)(i) with respect to a designated port must be kept at that designated port, unless the Minister permits its removal.
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Cancellation of certification 37 (1) For the purposes of subsection 169(6) of the Act, the Minister may cancel a response organization’s certificate of designation beginning on the day on which the response organization (a) becomes insolvent; (b) commits an act of bankruptcy; (c) is dissolved; or (d) abandons or transfers its business. Suspension or cancellation of certification (2) For the purposes of subsection 169(6) of the Act, the Minister may suspend or cancel a response organization’s certificate of designation if the Minister considers that the response organization is not compliant with the requirements that apply to it under the Act or if the Minister is of the opinion that it is in the public interest to do so.
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Request to renew certification 38 A response organization must submit any application to renew its certificate to the Minister at least 90 days before the day on which the current certificate of designation expires.
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Fees — notice 39 For the purposes of subsection 170(2) of the Act, a response organization or a qualified person must publish the fees that they propose to charge in the Canada Gazette , Part I.
Environmental Response Regulations — 10
 Vancouver Island to Cape Flattery, Washington, United States, and the eastern boundary consisting of a line running eastward along the 48°25′ N parallel from Victoria to the Canada-United States border SCHEDULE 2 (Paragraphs 18(1)(i) and 23(1)(a) and (b)) Estimate — Allocation of Oil During an Oil Pollution Incident PART 1 Designated Ports Column 1 Column 2 Column 3 Column 4 Item Port Shoreline (% of oil) Sheltered Waters (% of oil) Unsheltered Waters (% of oil) 1 Holyrood, Newfoundland and Labrador 50 50 0 2 Come By Chance, Newfoundland and Labrador 50 50 0 3 Port Hawkesbury, Nova Scotia 50 50 0 4 Halifax, Nova Scotia 50 50 0 5 Saint John, New Brunswick 50 50 0 6 Sept-Îles, Quebec 50 50 0 7 Québec, Quebec 50 50 0 8 Montréal, Quebec 50 50 0 9 Sarnia, Ontario 50 50 0 10 Vancouver, British Columbia 50 50 0 PART 2 Primary Areas of Response Column 1 Column 2 Column 3 Column 4 Item Marine Region Shoreline (% of oil) Sheltered Waters (% of oil) Unsheltered Waters (% of oil) 1 Holyrood, Newfoundland and Labrador 40 40 20 2 Come By Chance, Newfoundland and Labrador 40 40 20 3 Point Tupper, Nova Scotia 40 40 20 4 Halifax, Nova Scotia 40 30 30 5 Saint John, New Brunswick 40 40 20 6 Sept-Îles, Quebec 45 30 25 7 Québec, Quebec 60 30 10 8 Montréal, Quebec 70 30 0 9 Sarnia, Ontario 50 40 10 10 Vancouver, British Columbia 40 40 20 PART 3 Enhanced Response Areas Column 1 Column 2 Column 3 Column 4 Item Marine Region Shoreline (% of oil) Sheltered Waters (% of oil) Unsheltered Waters (% of oil) 1 Cabot Strait 40 30 30 2 Northumberland Strait 40 0 60 3 Niagara 50 30 20 4 Juan de Fuca Strait 40 20 40
Payment Clearing and Settlement Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 24 a of the Payment Clearing and Settlement Act b , makes the annexed Payment Clearing and Settlement Regulations . a S.C. 2018, c. 12, s. 243 b S.C. 1996, c. 6, Sch.