STÓ:LŌ Discussion Guide

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


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


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


• 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).


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


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

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Cultus

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Hatzic Lake

Wahleach Lake

Har

rison

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Cheh

alis

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Alouette

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Coqui

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Chilliw

ack Lake

S’ÓLH TÉMÉXW USE PLAN

Harrison River

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Living Document - Version 10

Projection: UTM Zone 10Datum: NAD83SRRMC GIS Developed by Stó:lō First Nations

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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


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.


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.


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.


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.


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.


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).


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.


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*


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.


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.


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.


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


Inspects/audits


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



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



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



• 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





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


Regulatory FrameworkPREVENTION PREPAREDNESS RESPONSE POST-RESPONSE


Inspects/audits



non-compliance





TSB• Investigates incident• Provides recommendations

to TC minister



Inspects/audits


MOTI-CVSE• Advises carriers to complete



• Audits



Minister of Environment• Oversee any clean-up,

assessment and monitoring activities



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



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



• 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





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


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––


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––


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.


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.


Sources

2014 Pipeline Performance Summary. BC Oil and Gas Commission, 2014.

2011 December Report of the Commissioner of the Environment and Sustainable Development. Government

of Canada, Office of the Auditor General of Canada, 2011.

A First Nations Guide to Environmental Emergencies. BC Ministry of Environment.

Conca, James. “Pick Your Poison For Crude -- Pipeline, Rail, Truck or Boat.” Forbes, April 26, 2014. http://

www.forbes.com/sites/jamesconca/2014/04/26/pick-your-poison-for-crude-pipeline-rail-truck-or-

boat/#4b839ca35777.

Crude Oil Forecast, Markets & Transportation. Canadian Association of Petroleum Producers, 2015.

Furchtgott-Roth, Diana. “Pipelines Are Safest For Transportation of Oil and Gas.” Manhatten Institute. June

2013. http://www.manhattan-institute.org/pdf/ib_23.pdf.

Green, Kenneth and Taylor Jackson, “Safety in the Transportation of Oil and Gas: Pipelines or Rail?” Fraser

Institute, 2015.

Johnson, Tracy. “Pipelines vs. trains: Which is better for moving oil?” CBC News. March 2015. http://www.cbc.

ca/news/business/pipelines-vs-trains-which-is-better-for-moving-oil-1.2988407

“Liquids Pipelines.” Canadian Energy Pipeline Association. http://www.cepa.com/about-pipelines/types-of-

pipelines/liquids-pipelines.

Mackenzie, Sir Alexander (1970). Lamb, W. Kaye, ed. The Journals and Letters of Alexander Mackenzie.

Cambridge: Hakluyt Society.

Moving Energy Safely. A Study of the Safe Transport of Hydrocarbons by Pipelines, Tankers and Railcars in

Canada. Standing Senate Committee on Energy, the Environment and Natural Resources, 2013.

“Oil Pipelines and Spills.” Auburn University. August 01, 2014. http://cla.auburn.edu/ces/energy/oil-pipelines-

and-spills/.

Oliver Wyman. Ten Questions on Crude-by-Rail Risks. Marsh & McLennan Companies, 2015.

Patterson, Brent. “National Academy of Science Report Points to Dangers of Bitumen Spills.” The Council of

Canadians, December 15, 2015. http://canadians.org/blog/national-academy-science-report-points-dangers-

bitumen-spills.


“Safely Transporting Energy Products.” Railway Association of Canada, 2013.

Schmidt Etkin, Dagmar, Ph.D. Determination of Persistence in Petroleum-based Oils. Winchester:

Environmental Research Consulting, 2003.

Statistical Summary Pipeline Occurrences 2014. Government of Canada, Transportation Safety Board of

Canada, 2015.

Statistical Summary – Railway Occurrences 2014. Government of Canada, Transportation Safety Board of

Canada, 2016.

Trans Mountain Pipeline Project (TMEP) Cultural Heritage Impact Assessment. Sto:lo Research and Resource

Management Centre, 2015.

Trans Mountain Expansion Project. An Application Pursuant to Section 52 of the National Energy Board Act.

Kinder Morgan, 2013.

U.S Energy Information Administration – EIA – Independent Statistics and Analysis. www.eia.gov

Williams, Tim. “Pipelines: Environmental Considerations.” Library of Parliament Research Publications, July 5,

2012, 1-11. http://www.lop.parl.gc.ca/.

“Why Pipelines Are Needed.” Canadian Energy Pipeline Association. http://www.cepa.com/about-pipelines/

why-pipelines.

Young, Leslie. “Crude oil spills are bigger from trains than pipelines.” Global News, January 8, 2015. http://

globalnews.ca/news/1069624/how-do-crude-spills-compare-by-rail-truck-pipeline-you-may-be-surprised/

Documents

STÓ:LŌ Discussion Guide