stÓ:lŌ discussion guide
DESCRIPTION
Striving for Lets’emó:t a Dialogue About the Stó:lō Safety RegimeTRANSCRIPT
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME2
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 3
Table of Contents
Introduction 4
Petroleum Products 5
Oil Transportation through S’ólh Téméxw 8
Relative Risks 11
Environment 11
Volume 12
Frequency 13
Accident Prevention 15
Federal Legislation 15
Provincial Legislation 16
Regulatory Framework 19
Emergency Response 24
BC Spill Response Regime 25
Sources 26
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME4
Introduction
Striving for Lets’emó:t: A dialogue about developing a Stó:lō Safety Regime is a workshop designed to focus
on improving the safety of oil transportation through S’ólh Téméxw, the traditional territory of the Stó:lō
people. The workshop is convened by the S’ólh Téméxw Stewardship Alliance and brings together multiple
perspectives including Stó:lō leadership and traditional knowledge carriers, neighbouring communities,
industry, municipal, provincial and federal governments, regulators and emergency responders. Broadly
speaking, the goals of the workshop are to:
1. Arrive at a shared understanding of current and anticipated petroleum product movement through
S’ólh Téméxw; and
2. Identify options for improving prevention and preparedness as well as emergency response oversight.
This discussion guide is offered by the S’ólh Téméxw Stewardship Alliance as a resource for participants at
Striving for Lets’emó:t. It is meant to contextualize the conversations that will take place over the course of the
two-day workshop, by providing information about the nature and associated risks of petroleum products
being moved through the territory, relevant legislation and regulatory bodies, and the existing and anticipated
roles and responsibilities in emergency response.
The information in this guide reflects a range of sources, including reports from government bodies, regulators
and media. While not an exhaustive source of information, the guide provides helpful context for dialogue
participants, to enable informed, solution-focused conversations. Participants are encouraged to seek out
additional information and perspectives at the workshop and following the workshop as they formulate
opinions about emergency preparedness and response and participate in the process of improving the Stó:lō
safety regime
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 5
Petroleum Products
The term “petroleum products” broadly refers to crude oil and its related products. Crude oil is a naturally
occurring liquid made up of hydrocarbons that can be refined to create a range of products such as gasoline,
diesel, industrial fuel oil and asphalt.
“Persistence” is the term used to describe the length of time that the components of an oil product remain in
the natural environment when spilled or released. This idea of persistence can be used to categorize petroleum
products into five groups:
Group I or Non-persistent Oils:
A petroleum-based oil that consists of
hydrocarbon fractions:
• At least 50% of which, by volume,
distils at a temperature of 340
degrees Celsius; and
Oil sands, shown below, are a mixture of bitumen, sand, and clays. After extraction from the sand
and clay, oil sands bitumen is a crude oil that has lost its gasoline and some of its diesel through
biodegradation. So the oil now consists of diesel, industrial fuel oil, and asphalt. The loss of the
gasoline makes the oil more viscous than conventional crude oil, with a consistency comparable
to golden syrup when fresh.
Bitumen is waterproof and has been
used by humans for a wide variety of
tasks and tools for at least the past
40,000 years. In Canada, First Nation
peoples once used bitumen from seeps
along the Athabasca and Clearwater
Rivers to waterproof their canoes.
What does it mean to distill? Crude oils are distilled to
separate the millions of different hydrocarbon molecules
in the crude oil based on their boiling point. Just like
distillation of whisky separates methanol (a poison) from
the product, by heating crude oil in the refinery, the
hydrocarbons are separated into different boiling point
fractions that then are given product names such as
“gasoline” and “diesel” and “asphalt”.
Photo courtesy of TransCanada
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME6
• At least 95% of which, by volume, distils at a temperature of 370 degrees Celsius
Compared to products categorized in groups II – V, Group I products generally have lower viscosity* and
dissipate more quickly in the environment. Dissipation includes evaporation and moving from
the spill site in the air, dissolving and moving away from the spill site in the water, and biodegradation.
*Viscosity is a measure of a liquid’s resistance to flow. It corresponds to the liquid’s thickness. For example, honey has
a higher viscosity than water.
Examples of Group I oils include diesel, kerosene and gasoline.
Group II – V or Persistent Oils:
Group II: Specific gravity* less than 0.85 crude
Group III: Specific gravity equal to or greater than 0.85 and less than 0.95
Group IV: Specific gravity equal to or greater than 0.95 and less than 1.0
Group V: Specific gravity equal to or greater than 1.0
*Specific gravity is a product’s density relative to water. The specific gravity of fresh water is one. When the specific
gravity of an oil is less than 1, the oil is able to float on top of the water if the water is calm. As the oil “weathers” by
evaporation of the lightest components in the oil (i.e. gasoline), then the density of the oil increases. If the density
increases to be equal or greater to one, then the oil will become submerged below the surface of the water. If the
water has high energy and is turbulent, the oil can mix into the water despite its density, if it has low viscosity (like
stirring cream into coffee).
Examples include: Alberta light crude (Group II), Alberta medium to heavy crude and dilbit (Group III), heavy
fuel oil (Group IV), and oil sands bitumen or asphalt (Group V).
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 7
Dilbit is a controlled blend of bitumen and lighter petroleum products, typically naphtha-based
condensates. The bitumen is diluted with the lighter product to reduce viscosity and density so
it can meet pipeline quality specifications and flow through pipelines. Diluted bitumens such as
dilbit are Group III oils until their “light ends” (lowest boiling components consisting of gas and
gasoline fractions) evaporate during weathering*, then they become Group IV and very close to
Group V oils.
• Bitumen is too viscous to flow through a pipe. It is mixed with diluent to be transported by
pipeline. For pipeline transportation of the diluted bitumen out of Alberta, the oil must meet
National Energy Board quality specifications.
• Pipeline diluted bitumen is generally about 70 per cent bitumen and 30 per cent diluent. With
rail, it is estimated that ratio can be dropped to 10–15 per cent diluent, or even lower.
• Undiluted bitumen has a flash point of +166ºC and so would not explode.
• Dilbit has a much lower flash point than raw
bitumen. In fact it has an ignition point at -35ºC,
compared to -9ºC for conventional light oil.
*Weathering refers to the process of changing physical
and chemical characteristics of spilled oil over time. If
dilbit were spilled in fresh or salt water, it will stay on the
surface for days. With weathering, whereby the gas and
gasoline fractions mix in the water and evaporate, the
remaining oil can become submerged. For low viscosity
oil like conventional crude, if it is spilled into turbulent
water, the oil would readily mix into the water despite
its low density.
Photo courtesy of Syncrude Canada
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME8
Oil Transportation through S’ólh Téméxw
Across Canada, petroleum products are moved from refineries and ports to end-users through a complex
system including pipelines, railways, trucks, ships, and in some cases air transit. While the bulk of petroleum
products have traditionally been transported to markets by pipeline, recent years have seen an increase in the
movement of these products by rail.
S’ólh Téméxw
S’ólh Téméxw extends from the 49th parallel at Frosty Mountain near Manning Park, northward to Ross Lake
watershed and on to the Coquihalla Lakes. Westward from there the boundary meets Hidden Creek, near
Spuzzum, and crosses the Fraser River to follow Spuzzum Creek to Harrison Lake Watershed. The boundary
extends northwest and crosses at Lillooet River ten miles north of Port Douglas. The line then extends west,
including the watersheds of the Stave Lake, Pitt Lake, Indian Arm and Capilano River, and then down from
West Vancouver to White Rock and back due east along the 49th parallel to Frosty Mountain.
Ross Lake
Pitt
Lake
Stav
e La
ke
Cultus
Lak
e
Hatzic Lake
Wahleach Lake
Har
rison
Lak
e
Cheh
alis
Lak
e
Alouette
Lake
Coqui
tlam
Lak
e
Chilliw
ack Lake
S’ÓLH TÉMÉXW USE PLAN
Harrison River
Path: Z:\Land Use Planning\S'olhTemexwUsePlanLiving_V10PRRO11x17.mxd
Living Document - Version 10
Projection: UTM Zone 10Datum: NAD83SRRMC GIS Developed by Stó:lō First Nations
®0 10 205
Kilometers
1:500,000
Date Saved: 19/12/2014 11:05:44 AM
Fraser River
BritishColumbia
S’ólh Téméxw Use Plan Zones
Canyon Heritage Area
Cultural Landscape Feature
Culturally Sensitive Habitat
Protected Watershed
Sanctuary
Sensitive Waterway/Waterbody
Subalpine Parkland
Map Legend
S’ólh Téméxw
First Nation Reserve
Water
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Trans Mountain Pipeline
Kinder Morgan is proposing an expansion of its 1,150km Trans Mountain pipeline which runs through S’ólh
Téméxw, and begins in Strathcona County (near Edmonton), Alberta, ending in Burnaby, BC. The proposed
project includes:
• 994km of new, buried pipeline that would twin the existing pipeline, including 7km of new buried
delivery lines from the Burnaby Terminal to Trans Mountain’s Westridge Marine Terminal
• New pump stations (an increase from 23 to 31) and storage tanks (an increase from 40 to 74)
• An overall increase in operating capacity from 300,000 barrels per day to 890,000 barrels per day.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME10
Highways within S’ólh Téméxw transporting petroleum products
1. Highway 1 – union bar to Burnaby terminal – 180 km – 98.8 alongside Fraser River [including
terminal area]
2. Highway 5 to Highway 1 – from Union Bar to Terminal – 204 km
3. Highway 1 to Highway 7 from Union Bar to Burnaby – 177 km – 121km alongside Fraser River
[including terminal area]. Note: at this time, hazardous goods are not allowed to be transported along
this route.
Railways within S’ólh Téméxw
1. CN Rail – 166.77 km from Union Bar through
to Burnaby – including adjusted points of
diversion for US delivery with ~ 47.44km along
the Fraser River
2. CN Rail – 151.72 km from Union Bar to
N. Vancouver
3. CP Rail – 165km from Union Bar to Vancouver ~ 147.98 km along the Fraser River
In 2014, more than 4,100 cars carrying
roughly 333,500 tonnes of crude oil
moved through B.C. This is an increase
from all from all previous years.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 11
Relative Risks
All modes of petroleum product transportation have relative advantages and disadvantages. According to
a report by the Standing Senate Committee on Energy and the Environment and Natural Resources, “for
the most part, oil and natural gas are moved safely in Canada. Transmission pipelines moved liquid product
99.9996% of the time without spills in Canada and railcars have an average of 99.9% for dangerous
goods.” That said, no activity is risk free, and it is important to understand the risks posed by each form of
transportation in order to have a productive conversation about safety.
There are a number of lenses that can be used to examine the risk of a potential incident. Here, we consider
the risks associated with various transportation methods in terms of the environment in which a potential
incident may take place, the potential volume of product spilled or released, and the relative frequency of
reported incidents.
It is important to bear in mind that risks can be further complicated by factors such as:
• The age and quality of the infrastructure or equipment being used to transport the product;
• The strength of regulations including monitoring standards; and
• The properties of the product being transported.
Environment
The impact of any oil spill depends greatly on the location of that spill and the climate.
Land based spills are typically more localized than water based spills. Spills that occur in water can spread
quickly. In water, oil can sit on top of the surface and prevent sunlight from penetrating below the surface
affecting vegetation and animals living below the surface. After a process of weathering (described on page 7),
spilled oil can also sink below water surfaces. If fresh oil has low enough viscosity it can mix into the water and
interact with sediment. This can result in oil sinking.
Climate is another determining factor. In cold temperatures, oil spilled on land can spread rather than
permeating the earth. In cold water, the persistence of light crude oils and light fuels (which have a natural
tendency to evaporate) may increase, as colder temperatures slow evaporation. Oils are the most viscous at
cold temperatures.
Most petroleum products have the potential to either catch fire or explode, creating an immediate hazard. If
crude oil is spilled for example, the light ends will release flammable and potentially explosive hydrocarbons
into the air. Products may also contain a variety of toxic chemicals such as benzene, hydrogen sulphide,
toluene and xylene, which are hazardous to human health.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME12
Pipeline
Between 2003 and 2013, the majority of pipeline accidents occurred at facilities such as compressor stations,
gas processing plants, pump stations or terminals, rather than the actual line pipe. In these cases, spills are
often contained within the facility. In the pipe, incidents have occurred as a result of metal loss (corrosion) or
external interference such as contractors’ activities causing damage. Other causes may include geotechnical
failure, or equipment failure. Spill mitigations depend upon quick detection and being able to minimize spill
volume.
Rail
Trains operate above ground, on tracks, presenting a unique set of factors and hazards to consider in relation
to the potential environmental impact including the maintenance of rail line, the number of tank cars, and
placement of interchanges. Rail lines pass through a mix of urban and rural areas, and may cross bridges over
water. Spill volumes tend to be restricted to one or a few cars.
Truck
Relatively speaking, trucks are small and mainly on land, so large spills to waterways are less likely than any
other mode of transport. On the other hand, trucks share infrastructure with the general public and can
operate in densely populated areas. This increases the risk of accidents, including collisions and accidents at
crossings. Collisions may involve multiple vehicles and can occur at high speeds, which may increase the risk of
fire and explosion.
Volume
It is difficult to compare the total volumes of petroleum products transported or released by pipeline, rail
and truck in Canada (see more in the “knowledge gap” section that follows). American researchers at the
Manhattan Institute for Policy Research assert that pipelines release more oil per spill than rail, but less than
road. This is in contrast to Global News’ research finding that the average spill volume across the three modes
in Canada is highest for trains.
Pipeline
Across Canada, more petroleum products are transported by pipeline than by any other mode. Approximately
3 million barrels of crude oil travel through Canada’s crude oil pipeline network every day. According to the
Canadian Energy Pipeline Association (CEPA), that is enough to fill 15,000 tanker truckloads or 4,200 rail cars.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 13
Rail
One rail tank car carries about 30,000
gallons (approximately 700 barrels). The
transport of oil by Canadian Class 1
railways is estimated at 230,000 barrels
per day.
Truck
A single tank trailer only holds about 9,000 gallons or 200 barrels, a little under a third of a rail car.
Frequency
Pipeline
The following excerpts are taken from Transportation Safety Board (TSB) of Canada’s Statistical Summary –
Pipeline Occurrences 2014.
Five pipeline accidents were reported to the TSB in 2014, down from a total of 11 in 2013 and down
from the annual average of 10 in the previous 5 year period (2009–2013).
Over the past 10 years (2005–2014), 42% of pipeline accidents occurred at compressor stations and
gas processing plants, and 27% occurred on transmission lines. The remaining pipeline accidents (31%)
occurred at pump stations, terminals, meter stations, and on gathering lines.
In 2014, 2 pipeline accidents involved line pipe and 3 pipeline accidents occurred at facilities (2 at
compressor stations and 1 at a transmission line remote valve site).
Rail
The following excerpts are taken from TSB’s Statistical Summary – Railway Occurrences 2014.
Five accidents resulted in a dangerous goods release in 2014, down from 7 in 2013, but up from the
five-year average of 4. One of the 5 accidents involved a release of petroleum crude oil.
In 2014, there were 25 main-track derailments involving dangerous goods, up from 11 in 2013 and up
from the five-year average of 12. Three of these resulted in a release of product (crude oil, jet fuel, and
petroleum distillates).
Dangerous goods were involved in 33% of non-main-track collisions, none of which resulted in a release
of product.
Canadian Association of Petroleum Producers (CAPP)
estimates that in 2018 between 500,000 and 600,000
barrels per day of western Canadian crude oil will be
transported by rail if the Keystone XL pipeline is not in place.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME14
Truck
The following information was provided by the BC Trucking Association for inclusion in this guide:
In 2012 there were about 1.64 spills per 10,000 shipments.
• About 71% of spills occurred during loading or unloading. Releases during loading were most common
(52%). The most common cause of spills was equipment failure (35%) or employee error (28%).
• Crashes while in-transit accounted for 53 (16%) of total spills for a frequency of 0.27 per 10,000
shipments. About 80% of crashes that resulted in spills only involved a single vehicle.
A KNOWLEDGE GAP
Informed decision-making requires a baseline of reliable information. With the limited information
that is currently available it is not possible to fully evaluate, and therefore challenging to make
informed decisions about, the relative risks and impacts of petroleum product transportation.
Below we highlight some issues that contribute to an apparent knowledge gap:
• Main line pipeline releases are only reported if they exceed 1.5 cubic meters.
» There is no minimum reporting threshold for dangerous goods rail spills or leaks.
• National Energy Board (NEB) regulates pipelines that cross provincial or national boundaries.
Provinces regulate pipelines that do not cross boundaries. Provinces and the NEB have different
reporting requirements.
• Statistics Canada provides rail accident data for dangerous goods by dangerous goods classes.
The hydrocarbons that are comparable with pipelines fall under both Class 2-gases and Class
3 - flammable and combustible liquids, and these categories have products in them that are not
hydrocarbons transported by pipelines.
• Transport Canada stopped tracking volumes shipped by truck in 2010.
• Statistics Canada tracks pipeline volumes, but does not indicate how much of the volume
is diluent.
• Volumes transported by pipeline are tracked in cubic meters or other liquid measurements
while truck and rail volumes are measured in kilograms (there is no common scale for comparing
traffic volumes or safety statistics).
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 15
Accident Prevention
Prevention measures in Canada include regulations, standards and legislation aimed at preventing an incident
from occurring, or mitigating the effects of a potential incident. Relevant legislation is listed below, followed by
an outline of the regulatory framework governing petroleum product movement through S’ólh Téméxw.
Federal Legislation
Canadian Environmental Assessment Act: Administered by the Canadian Environmental Assessment Agency.
Sets forth processes and standards by which projects are reviewed to mitigate adverse environmental effects
and to encourage sustainable development.
Canadian Environmental Protection Act: Administered by Environment Canada. Provides for the protection
of the Canadian environment and human health. Includes sections dealing with (for example) pollution
prevention, control of toxic substances, spill reporting, and requirements for environmental emergency plans.
Canada Oil and Gas Operations Act: Promotes safety, environmental protection, conservation of oil and gas
resources, and joint production arrangements. The act is jointly administered by the Department of Natural
Resources and Indigenous Affairs and Northern Development Canada.
Canadian Transportation Accident Investigation and Safety Board Act: Deals with accident investigation and
establishes the independent relationship between the Transportation Safety Board and the Government of
Canada. It provides powers to: conduct independent investigations into selected transportation occurrences
and to make findings as to their causes and contributing factors; identify safety deficiencies as evidenced by
transportation occurrences; make recommendations designed to eliminate or reduce safety deficiencies; and
report publicly on investigations and related findings.
Canada Transportation Act: Consolidates the National Transportation Act and Railway Act, providing the
Canadian Transportation Agency (an independent tribunal) a mandate to govern the economic regulation of the
various modes of transport under federal jurisdiction.
Emergency Management Act: Requires all federal ministers to identify risks within their area of responsibility
and to prepare emergency management plans in respect of those risks. Under EMA the Minister of Public
Safety is responsible for coordinating the Government of Canada’s response.
Indian Oil and Gas Act: Governs oil and gas exploration and production on Aboriginal lands which are not the
subject of a settled land claim.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME16
National Energy Board Act: Establishes the National Energy Board (NEB) and its authority over certain
petroleum matters, including: the administration of oil and gas interests; production and conservation activities;
construction and operation of interprovincial pipelines; traffic, tolls and tariffs on pipelines; export and import
of oil and gas; and the interprovincial trade of oil and gas. The Act also sets out primary responsibilities for the
NEB and provides the legal framework that ensures federally-regulated pipelines are designed, constructed,
operated and abandoned in a manner that is safe for the public and environment.
Pipeline Safety Act: Amends the National Energy Board Act to strengthen the federal pipeline safety system
around prevention, preparedness and response, liability and compensation. Enshrines the polluter-pays
principle in law, clarifies audit and inspection powers of the NEB and ensures companies remain responsible
for their abandoned pipelines.
Railway Safety Act: Administered by Transport Canada. Includes a requirement for railways to implement a
safety management system (SMS).
Safe and Accountable Rail Act: Amends the Canada Transportation Act to enhance the rail liability and
compensation regime, establishing: risk-based minimum insurance levels for federally regulated freight
railways ranging from $25 million to $1 billion; clearly defined railway liability, including without the need to
prove fault or negligence for accidents involving crude oil or other designated goods; and a shipper-financed
compensation fund that would be assessed in the case of an accident involving crude oil or other designated
good, when the costs exceed a railway’s insurance level
Transportation of Dangerous Goods Act: Administered by Transport Canada, promotes public safety during the
transportation of dangerous goods by all modes of transport throughout Canada. The Act governs the means
of containment, handling, offering for transport, and transporting of dangerous goods in Canada.
Provincial Legislation
Emergency Program Act: Provides enabling legislation that authorizes the Director of the Provincial Emergency
Program to declare and designate any area of the province a disaster area (i.e. State of Emergency), and during
an emergency, to employ or summon the assistance of non-governmental personnel, use private property, and
initiate evacuations.
Environmental Management Act: Applies to a major oil spill, industrial accident, or environmental emergency.
Sets out requirements for disposal of oil and hazardous materials, spill prevention and reporting, and pollution
abatement and authority for spill costs recovery. *The Ministry of Environment is currently proposing amendments
to the Environmental Management Act*
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Motor Vehicle Act: Reflects National Safety Code standards, outlines requirements for obtaining a safety
certificate in order to operate a commercial motor vehicle in the province, grants powers to the Director of
the Commercial Vehicle Safety Enforcement branch of the Ministry of Transportation and Infrastructure,, and
allocates responsibilities to carriers.
Wildlife Act: Administered by the Ministry of Environment. Provisions related to environmental
emergencies include:
• Section 7: Establishes that it is an offence to alter, destroy or damage wildlife habitat or deposit on land
or water a substance or manufactured product or by-product if wildlife or wildlife habitat is harmed; and
• Section 8: Allows the government to recover damages and take a right of action against a person who
destroys or damages wildlife habitat in a wildlife management area.
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BCTA RECOMMENDATIONS
Unfortunately, due to scheduling conflicts, representatives from the BC Trucking Association were
not available to attend the Striving for Lets’emó:t workshop. They offer the following legislative and
regulatory-related recommendations for consideration:
1. Given the limited risk associated with spills from less than truckload quantities, BCTA
recommends that any provincial spill preparedness and response framework apply only to liquid
bulk tankers.
2. Since many liquids are benign from an environmental risk perspective, BCTA recommends only
specific liquids known to pose a serious and significant risk to the environment be covered by
the spill preparedness and response framework.
3. The provincial spill preparedness and response framework should not duplicate or overlap any
other related or similar regulations or voluntary programs and processes that already apply or
are available to the trucking industry.
4. Building on the current framework of spill prevention. For example, working in concert with
Transport Canada, aspects of transportation of dangerous goods training could be strengthened.
5. Prevention would also be enhanced by implementing recommendations made by BCTA and the
Canadian Trucking Alliance to mandate electronic on-board recorders, which would improve
compliance with commercial driver hours of service and activating speed limiters to a maximum
of 105 kph on trucks. Hours of service regulations are designed to reduce driver fatigue. While
the trucking industry’s crash rate is low (about 4% of all crashes in BC), since driver error is the
most commonly cited crash factor, reducing the likelihood of fatigue would provide a positive
contribution to road safety by reducing crash risk. Reducing speed not only reduces the risk of
crashes, but also diminishes severity when crashes occur.
6. Lastly, BCTA recommends that the Ministry use this process to encourage shipper responsibility
given the influential role shippers play in selecting trucking companies. From the perspective
of BCTA, it is imperative that shippers become educated about and take responsibility for their
choice of transportation partners. Focusing on price, without consideration to quality of service,
personnel and equipment, is shortsighted and potentially detrimental. The Ministry has an
opportunity to help address this shortcoming through this initiative which, at the same time,
would support the overall goal of reducing the likelihood of spills.
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Regulatory Framework
Federal government
The federal government is responsible for regulating the domestic and international movement of dangerous
products by road, rail, air, and ship, and for regulating the movement of dangerous products via pipeline across
provincial and territorial borders and across international borders. The two federal organizations most involved
are Transport Canada, which is responsible for overseeing compliance with legislation for the transport of
dangerous goods via road, rail, air, and ship, and the National Energy Board, which regulates the transport of oil
and gas and other petroleum products via international and interprovincial pipelines.
Provincial government
The provincial government is tasked with ensuring that federal regulations for the transport of dangerous
products are implemented. BC has also established its own laws to regulate the transport of dangerous
products by road and pipeline, where applicable.
Industry
Those transporting dangerous products have an obligation to ensure they comply with legislation, regulations,
and standards.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME20
Regulatory FrameworkPREVENTION PREPAREDNESS RESPONSE POST-RESPONSE
TC• Sets regulations
Inspects/audits
TC• Verifies compliance to
regulations it sets • Issues penalties for
non-compliance
ECCC• Assesses environmental
Emergency Response measures
TC- TDG• Attends accident/incident• Provides advisory services to
industry during execution of an ERAP
TSB• Investigates incident• Provides recommendations
to TC minister
TC- TDG• Verifies compliance• Inspections• Audits• Awards certificates
TC• Sets regulations
Inspects/audits
TC- TDG• Verifies compliance• Inspections• Audits• Awards certificates
MOTI-CVSE• Advises carriers to complete
a safety plan self assessment if performance is poor
• Conducts NSC Compliance Reviews
• Audits
Minister of Environment• Declares environmental
emergency if necessary
Minister of Environment• Oversee any clean-up,
assessment and monitoring activities
TC• Verifies compliance to
regulations it sets • Issues penalties for
non-compliance
TC- TDG• Sets training regulations• Approves Emergency
Assistance Plans (ERAPs)
NRCan • Sets policy framework
NEB • Implements policy
framework• Inspects / audits• Reviews industry records• Verifies compliance
NEB • Reviews reports and records• Sets training regulations• Ensures ERAPs meet
legislative requirements• Enforces industry
preparedness measures
NRCan • Leads monitoring, assessing,
advice and guidance to cabinet
NEB • Ensures execution of ERAP is
in compliance with regulations/assessment
• Holds company responsible for responding
• Integrates personnel within the company’s incident management system
• In rare cases, assumes control
EMBC • Conducts incident assessment• Provides incident management
of major incident
Minister of Environment• Declares environmental
emergency if necessary
BCOGC • Coordinates with affected
parties and different levels of government
NEB• Orders
reimbursement costs• Investigates incidents
and response• Ensures recovery
is adequate for incidents from NEB regulated facilities
MOTI-CVSE• Monitors Carrier Profiles• Advises carriers to complete
a safety plan self assessment if performance is poor
• Conducts NSC Compliance Reviews
• Completes NSC Carrier Audits
Minister of Environment• Prohibits or halts any
work that has/ potentially has a detrimental environmental affect
BCOGC• Participates in training drills
ECCC• Ensures recovery
is adequate
• Incident follow up and investigation
TC- TDG• Sets training regulations• Approves ERAPs
ECCC• Assesses environmental
Emergency Response measures
TC- TDG• Attends accident/incident• Provides advisory services to
industry during execution of an ERAP
TSB• Investigates incident• Provides
recommendations to TC minister
Provincial Oversight Federal Oversight
BCOG: BC Oil and Gas CommissionCVSE: Commercial Vehicle Safety and EnforcementECCC: Environment and Climate Change CanadaEMBC: Emergency Management BCMOTI: Ministry of Transportation and Infrastructure
NEB: National Energy BoardNRCan: Natural Resources CanadaTC: Transport CanadaTDG: Transportation of Dangerous GoodsTSB: Transportation Safety Board
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 21
Regulatory FrameworkPREVENTION PREPAREDNESS RESPONSE POST-RESPONSE
TC• Sets regulations
Inspects/audits
TC• Verifies compliance to
regulations it sets • Issues penalties for
non-compliance
ECCC• Assesses environmental
Emergency Response measures
TC- TDG• Attends accident/incident• Provides advisory services to
industry during execution of an ERAP
TSB• Investigates incident• Provides recommendations
to TC minister
TC- TDG• Verifies compliance• Inspections• Audits• Awards certificates
TC• Sets regulations
Inspects/audits
TC- TDG• Verifies compliance• Inspections• Audits• Awards certificates
MOTI-CVSE• Advises carriers to complete
a safety plan self assessment if performance is poor
• Conducts NSC Compliance Reviews
• Audits
Minister of Environment• Declares environmental
emergency if necessary
Minister of Environment• Oversee any clean-up,
assessment and monitoring activities
TC• Verifies compliance to
regulations it sets • Issues penalties for
non-compliance
TC- TDG• Sets training regulations• Approves Emergency
Assistance Plans (ERAPs)
NRCan • Sets policy framework
NEB • Implements policy
framework• Inspects / audits• Reviews industry records• Verifies compliance
NEB • Reviews reports and records• Sets training regulations• Ensures ERAPs meet
legislative requirements• Enforces industry
preparedness measures
NRCan • Leads monitoring, assessing,
advice and guidance to cabinet
NEB • Ensures execution of ERAP is
in compliance with regulations/assessment
• Holds company responsible for responding
• Integrates personnel within the company’s incident management system
• In rare cases, assumes control
EMBC • Conducts incident assessment• Provides incident management
of major incident
Minister of Environment• Declares environmental
emergency if necessary
BCOGC • Coordinates with affected
parties and different levels of government
NEB• Orders
reimbursement costs• Investigates incidents
and response• Ensures recovery
is adequate for incidents from NEB regulated facilities
MOTI-CVSE• Monitors Carrier Profiles• Advises carriers to complete
a safety plan self assessment if performance is poor
• Conducts NSC Compliance Reviews
• Completes NSC Carrier Audits
Minister of Environment• Prohibits or halts any
work that has/ potentially has a detrimental environmental affect
BCOGC• Participates in training drills
ECCC• Ensures recovery
is adequate
• Incident follow up and investigation
TC- TDG• Sets training regulations• Approves ERAPs
ECCC• Assesses environmental
Emergency Response measures
TC- TDG• Attends accident/incident• Provides advisory services to
industry during execution of an ERAP
TSB• Investigates incident• Provides
recommendations to TC minister
Provincial Oversight Federal Oversight
BCOG: BC Oil and Gas CommissionCVSE: Commercial Vehicle Safety and EnforcementECCC: Environment and Climate Change CanadaEMBC: Emergency Management BCMOTI: Ministry of Transportation and Infrastructure
NEB: National Energy BoardNRCan: Natural Resources CanadaTC: Transport CanadaTDG: Transportation of Dangerous GoodsTSB: Transportation Safety Board
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME22
Industry RegulationPREVENTION PREPAREDNESS RESPONSE POST-RESPONSE
Railway/Energy Company• Notify federal/provincial
governments of accident/incident
• Lead response to their spill• Execute ERAP at
own expense• Shut down operations when
issue is detected • Minimize effect of spill
Railway/Energy Company• Operate according
to standards• Conduct spill prevention measures
in accordance with regulations
Carrier• Understand and operate according to BC
Special Waste licensing and TDG requirements, including driver training
• Obtain National Safety Code (NSC) Safety Certificate, including vehicle maintenance and driver oversight
Railway/Energy Company• Prepare Emergency Response
Plans and submit to NEB• Notify of any potential
pollution release• Emergency and regular staff
participate in emergency drills
• Have incident funds available (polluter pays principle)
• Provides training to staff on both standard operating procedures and emergency procedures
Shipper• Prepare ERAP
Carrier• Ensure vehicles are inspected
and maintained, including daily driver inspections
• Ensure drivers have required training and re-training every 3 years
• Ensure drivers follow procedures, including checking for appropriate emergency equipment and documentation
Carrier• Secure site, evaluate extent of
injuries and damage• Review shipping documents
to estimate amount and source of release
• Notify local, provincial and federal authorities, employer and shipper of release or imminent release
Carrier• 30-day incident reporting • Compliance with site restoration /
post-incident evaluation (in the case of special waste)
Railway/Energy Company• Absolute liability* • Pollution abatement
at own expense
* MINIMUM LIABILITY INSURANCE COVERAGE (VOLUMES EXPRESSED IN TONNES PER YEAR) [Railway only]
Minimum required insurance
$25M$100M$250M$1B
Crude Oil
0> 0 - < 100,000100,000 - < 1.5M≥ 1.5M
Toxix inhalationhazard
0
> 0 - < 4,0004,000 - < 50,000≥ 50,000
All other types of dangerous goods
< 40,000≥ 40,000––
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 23
Industry RegulationPREVENTION PREPAREDNESS RESPONSE POST-RESPONSE
Railway/Energy Company• Notify federal/provincial
governments of accident/incident
• Lead response to their spill• Execute ERAP at
own expense• Shut down operations when
issue is detected • Minimize effect of spill
Railway/Energy Company• Operate according
to standards• Conduct spill prevention measures
in accordance with regulations
Carrier• Understand and operate according to BC
Special Waste licensing and TDG requirements, including driver training
• Obtain National Safety Code (NSC) Safety Certificate, including vehicle maintenance and driver oversight
Railway/Energy Company• Prepare Emergency Response
Plans and submit to NEB• Notify of any potential
pollution release• Emergency and regular staff
participate in emergency drills
• Have incident funds available (polluter pays principle)
• Provides training to staff on both standard operating procedures and emergency procedures
Shipper• Prepare ERAP
Carrier• Ensure vehicles are inspected
and maintained, including daily driver inspections
• Ensure drivers have required training and re-training every 3 years
• Ensure drivers follow procedures, including checking for appropriate emergency equipment and documentation
Carrier• Secure site, evaluate extent of
injuries and damage• Review shipping documents
to estimate amount and source of release
• Notify local, provincial and federal authorities, employer and shipper of release or imminent release
Carrier• 30-day incident reporting • Compliance with site restoration /
post-incident evaluation (in the case of special waste)
Railway/Energy Company• Absolute liability* • Pollution abatement
at own expense
* MINIMUM LIABILITY INSURANCE COVERAGE (VOLUMES EXPRESSED IN TONNES PER YEAR) [Railway only]
Minimum required insurance
$25M$100M$250M$1B
Crude Oil
0> 0 - < 100,000100,000 - < 1.5M≥ 1.5M
Toxix inhalationhazard
0
> 0 - < 4,0004,000 - < 50,000≥ 50,000
All other types of dangerous goods
< 40,000≥ 40,000––
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME24
Emergency Response
Whoever has possession, charge or control of a substance immediately before its spill is responsible to report
it, manage the emergency and clean it up (including cover all costs). It does not matter if it is an accident or
not. The responsible person or company is called the Responsible Party.
In the event of a spill, the following government bodies may be involved in the response effort:
• Emergency Management BC (EMBC) - All reportable spills or emergencies in BC are reported to
the EMBC 24-hour incident reporting line: 1-800-663-3456, and forwarded to the BC Ministry of
Environment for assessment as the designated lead provincial ministry for all hazardous material spills
affecting the province
• BC Ministry of Environment - if the spill could impact provincial lands of resources, including the ocean
floor adjacent to BC
• Canadian Coast Guard - if the spill originates from a ship or could impact navigable waters
• BC Oil and Gas Commission - if a spill originate from a provincial oil or gas pipeline or facility
• National Energy Board (NEB) - if a spill originates from an inter-provincial oil or gas pipeline or a facility
they regulate
• The Canadian Transport Emergency Centre (CANUTEC), an arm of Transport Canada - if the incident
involves rail, marine or aviation
transportation modes and/or
explosive substances
• Environment and Climate Change
Canada - if the spill impacts or
originates from an area falling
under federal jurisdiction.
• First Nations and Municipal
governments can also be involved if their interests are impacted. Indian and Northern Affairs Canada
will contact potentially impacted First Nations. The Ministry of Environment, whenever possible, will
also attempt to contact a First Nation directly if a significant spill might impact them.
Investigation of an incident falls to both the Transportation Safety Board (TSB) and NEB. The TSB
independently investigates selected pipeline incidents in order to make findings as to their causes and
contributing factors, identify safety deficiencies and make safety recommendations to eliminate or reduce any
such safety deficiencies. The NEB investigates incidents to determine whether its various regulations have
been followed by the pipeline company and if those regulations may need to be changed.
ECCC may bring a “Science Table” together with
experts and stakeholders from all levels of government,
Indigenous People representatives, local communities,
industries, environmental non-governmental organizations
and academic institutions to provide consolidated
scientific and technical advice to lead agencies.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME 25
BC Spill Response Regime
On April 5, 2016, the Province announced the launch of public engagement inviting British Columbians to
review and comment on a new intentions paper around spill preparedness and response in B.C.
The intentions paper summarizes amendments to the Environmental Management Act (EMA), introduced
on Feb 29, 2016, if passed, provide the legal foundation to establish a new spill preparedness and response
regime (regime) to address environmental emergencies in B.C.
The proposed regime will ensure effective preparedness, response and recovery measures are in place for
hazardous substance spills, from any source, and reflect over two years of engagement with industry, First
Nations and local government. This legislation will:
• Establish new requirements for spill preparedness, response and recovery
• Create new offences and penalties
• Enable the certification of a emergency preparedness and response organization
• Increase transparency, participation and accountability
The Incident Command System (ICS) is an organizational structure used to manage major
emergencies, such as an oil spill or railway accident.
ICS seeks to maximize team efficiency by defining lines of communications and delegating
responsibilities. The ICS organization builds from the ground up, with the management of all major
functions initially being the responsibility of just a few people. Functional units are designed to
handle the most important incident activities, and as the incident grows, additional individuals are
assigned.
A Unified Command system can be used when an emergency affects multiple or overlapping
jurisdictions. It brings together representatives from multiple organizations to coordinate an
effective response. As a team, the representatives agree upon emergency response objectives,
strategies, and an Incident Action Plan. In BC, Unified Command can be made up of representatives
from the Responsible Party, the lead federal government agency, BC Ministry of Environment, First
Nations, and local or municipal governments.
STRIVING FOR LETS’EMÓ:T A DIALOGUE ABOUT THE STÓ:LŌ SAFETY REGIME26
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2011 December Report of the Commissioner of the Environment and Sustainable Development. Government
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A First Nations Guide to Environmental Emergencies. BC Ministry of Environment.
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Crude Oil Forecast, Markets & Transportation. Canadian Association of Petroleum Producers, 2015.
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“Safely Transporting Energy Products.” Railway Association of Canada, 2013.
Schmidt Etkin, Dagmar, Ph.D. Determination of Persistence in Petroleum-based Oils. Winchester:
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