Implementation guidelines for Environmental Emergency Regulations: chapter 1

1.0 Purpose of the Implementation Guidelines

The Implementation Guidelines for the Environmental Emergency Regulations (“the Implementation Guidelines”) are intended for the use of any person1 who owns or has the charge, management, or control of a substance listed in Schedule 1 of the Environmental Emergency Regulations (“the E2 Regulations”). Such persons are referred to as regulatees. These Implementation Guidelines include the 2011 amendments made to the E2 Regulations.

The Implementation Guidelines are designed to help you, as a regulatee, better understand what E2 Regulations requirements are and how to comply with them. This document will provide clarification and guidance on important questions such as the following.

  • Do the E2 Regulations apply to me?
  • How do I calculate on-site substance quantities and container capacity?
  • What are the benefits of E2 planning?
  • Do I need to prepare an E2 plan?
  • How do I prepare an E2 plan? What should it include?
  • How do I notify the Minister that I have the charge, management or control of an E2 substance?
  • How does Environment Canada evaluate chemical substances for environmental emergency hazards?
  • What happens if I fail to comply with the E2 Regulations?

Other helpful information is provided in tables, graphics and references, located mostly in the appendices below:

  • Appendix 1 - useful references for preparing an E2 plan
  • Appendix 2 - information to be included in E2 notices, reports and certification
  • Appendix 3 - list of substances regulated under the E2 Regulations
  • Appendix 4 - Environment Canada contact information for submissions under the E2 Regulations
  • Appendix 5 - Calculation of substance quantity on site, substance quantity within a mixture, and maximum container capacity
  • Appendix 6 - flow chart detailing the new propane exception
  • Appendix 7 - notification and reporting of environmental emergencies under section 201 of the Canadian Environmental Protection Act, 1999 (CEPA 1999)
  • Appendix 8 - checklist helping in the preparation of an E2 plan
  • Appendix 9 - summary of Environment Canada’s Risk Evaluation Framework (REF); the REF is used by the Department to determine the level of environmental emergency risk posed by a substance, and to calculate the regulated threshold for the substance.

IMPORTANT: The Implementation Guidelines are intended to provide contextual information on the E2 Regulations  as amended in 2011 and CEPA 1999. They do not replace CEPA 1999 or the E2 Regulations.  Regulatees should refer to CEPA 1999 and the E2 Regulations on the Justice Canada site to ensure they are in compliance with the law. Some provisions of CEPA 1999 and the E2 Regulations have been quoted for convenience of reference only and have no official sanction. Should any inconsistencies be found between the Implementation Guidelines and CEPA 1999 or the E2 Regulations, then CEPA 1999 and the E2 Regulations shall prevail.

For further information with respect to these guidelines or the E2 Regulations, please refer to Environment Canada’s notification website. Common issues are discussed on the website.

1 The term “person” may refer to a company, an individual or a government body.

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