Environmental Response Regulations

Marginal note:Procedures

• 13 (1) For the purposes of paragraph 168(1)(e) of the Act, the operator of an oil handling facility must establish and implement procedures that include

  • (a) the immediate shut down of loading or unloading operations and their restart in a manner that would not interfere with the immediate, effective and sustained response to the discharge;

  • (b) the reporting of the discharge in accordance with section 133 of the Vessel Pollution and Dangerous Chemicals Regulations;

  • (c) the coordination of the oil handling facility’s response operation with the activities of the Canadian Coast Guard and federal, provincial and other bodies responsible for, or involved in, the protection of the marine environment;

  • (d) the taking into account by the operator of the oil handling facility of the priorities set out in paragraph 11(1)(c) during the entire response to the discharge;

  • (e) the making available of at least one of the persons referred to in paragraph 11(1)(f) to the Department of Transport and the Canadian Coast Guard during the entire response to the discharge;

  • (f) the measures necessary to ensure that the operator of the oil handling facility is prepared to respond in the event of a discharge of oil of at least the applicable quantity set out in clauses 11(1)(b)(i)(A) to (D);

  • (g) the deployment of the equipment and resources referred to in subsection (2) at the location of the discharge within the time frames set out in that subsection; and

  • (h) the undertaking of an investigation of the discharge in order to determine the causes and contributing factors, and the actions that are needed to reduce the risk of reoccurrence.

• Marginal note:Equipment and resources

  (2) The equipment and resources that the operator of the oil handling facility must have available for immediate use in accordance with paragraph 168(1)(e) of the Act are those

  • (a) that are required to contain, control, recover and clean up a discharge of oil of at least the applicable quantity set out in clauses 11(1)(b)(i)(A) to (D); and

  • (b) that can be deployed, if it is possible to do so in a safe, effective and practicable manner, at the location of the discharge,

    • (i) for the purposes of containing and controlling the oil, within one hour after the discovery of the discharge, and

    • (ii) for the purposes of recovering the oil and cleaning up, within six hours after the discovery of the discharge.