Environment and Climate Change Canada (ECCC) has published the new "The Environmental Emergency Regulations, 2019" in the Canada Gazette. The new regulations come into force on August 24, 2019, and facilities will have six months from the date of enforcement to comply with the requirements of the new regulations.

The new regulations have the addition of Schedule 1 which incorporates 249 substances that fall under six hazard categories covered under the final regulations:

  • aquatically toxic
  • combustible
  • explosion hazard
  • pool fire hazard
  • inhalation hazard
  • oxidizer that may explode

E2 Plans must include (ECCC, 2019):

  • the properties and characteristics of the substance and the maximum expected quantity of the substance at the facility;
  • the description of commercial, manufacturing, processing or other activity involving the substance that takes place at the facility;
  • Identify the facility and the area surrounding the facility that may be affected by an environmental emergency
    • including any hospitals, schools, residential, commercial or industrial buildings and any highways, public transit infrastructure, parks, forests, wildlife habitats, water sources or water bodies;
  • identification and description of any environmental emergency that could reasonably be expected to occur at the facility and that would likely cause harm to the environment or constitute a danger to human life or health
  • the maximum quantity of the substance that could be contained in the container system that has the largest maximum capacity,
  • the maximum expected quantity of the substance that will not be in a container system
  • an identification of the harm to the environment or danger to human life or health likely to occur than the environmental emergency and would have the longest impact distance outside the boundary of the facility;
  • a description of the measures to be taken to prevent and prepare for the environmental emergencies identified under paragraph
  • the measures that will be taken to respond to and recover from such emergencies if they were to occur;
  • a list of the position titles of the persons who will make decisions and take a leadership role in the event of an environmental emergency and a description of their roles and responsibilities;
  • a list of the environmental emergency training that has been or will be provided to prepare personnel at the facility who will respond in the event that an environmental emergency
  •  a list of the emergency response equipment that is necessary for the measures and the equipment's location;
  • a description of the measures that will be taken by a responsible person or by a responsible person and local authorities, acting jointly, to communicate with the members of the public who may be adversely affected by the environmental emergency to inform them, before the environmental emergency occurs
    • the possibility that the environmental emergency could occur,
    • the potential effects of the environmental emergency on the environment and on human life or health, taking into account the factors
    • the measures that will be taken by the responsible person to protect the environment and human life or health, and the means by which the responsible person will communicate with them, in the event that the environmental emergency occurs;
    • a description of the measures that will be taken by a responsible person or by a responsible person and local authorities, acting jointly, to, in the event that an environmental emergency involving the release of a substance occurs, communicate with the members of the public who may be adversely affected to provide them, during and after its occurrence, with information and guidance concerning the actions that could be taken by them to reduce the potential harm to the environment and danger to human life or health, including an explanation of how those actions may help to reduce the harm or danger;
  • the position title of the person who will communicate with the members of the public
  • a description of the consultations that a responsible person had with local authorities,
  • a plan of the facility showing the location of any substances in relation to the physical features

Environment and Climate Change Canada has not yet released the guideline to accompany the E2 regulations, however if it is suggested that facilities read and update E2 plans according to the regulations and guidelines by February 2020.

If you have any questions or concerns about the E2 Plans or require Trinity's assistance, please feel free to contact Suzy Sabanathan at (416) 391-2527 Ext. 22.