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Ministry of<br />

<strong>Energy</strong><br />

Emergency Management Ontario


Preface<br />

This document was prepared by the Ministry of <strong>Energy</strong> (ENERGY) and Emergency<br />

Management Ontario (EMO). In the course of preparing this document, the Ministries<br />

requested and received information from various industry participants. However,<br />

the views and statements in this document are entirely those of the Government<br />

of Ontario. They are not attributable to any industry participants.<br />

EMO, part of the Ministry of Community Safety and Correctional Services, in conjunction<br />

with ENERGY, have developed this fuel distribution Protocol in the event<br />

of a declared Provincial emergency with a fuel shortage.<br />

EMO and ENERGY received information from the Ontario Division of the Canadian<br />

Petroleum Products Institute (CPPI), and on an individual basis, from the four major<br />

oil companies (Imperial Oil, Shell, Suncor, and Ultramar) operating in Ontario<br />

that CPPI represents, as well as other oil companies. The information received<br />

from CPPI was generic publically available information about how the industry operates.<br />

In addition, individual oil companies provided information to ENERGY under<br />

strict confidence on a one on one basis.<br />

This Protocol also incorporates resources of independent petroleum marketers that<br />

are represented by the Canadian Independent Petroleum Marketers Association<br />

(CIPMA). CIPMA members operate hundreds of retail fuel outlets throughout Ontario.<br />

CPPI members are responsible for all the refining and much of the distribution<br />

operations in Ontario. CPPI members, CIPMA members and independent operators<br />

not represented by any other association, all have retail operations in Ontario.<br />

In order to ensure compliance with the Federal Competition Act, CPPI has requested<br />

and EMO and ENERGY have agreed that they will seek any competitively<br />

sensitive information they require from oil companies on an individual basis,<br />

and will maintain all such information in strict confidence.<br />

No competitively sensitive information from any oil company may be shared with<br />

any other oil company.<br />

Competitively sensitive information includes, but is not limited to, information on<br />

pricing, market shares, customers, sales or marketing strategy, production levels<br />

or capacity, inventory levels, channels or methods of distribution, supply and demand<br />

levels, margins or prices at which products are resold, and responses to<br />

bids or tenders. It may also include information about the capability and capacity<br />

of facilities.<br />

2


Table of Contents<br />

1.0 Introduction................................................................................................................ 4<br />

2.0 Aim............................................................................................................................ 4<br />

3.0 Authority..................................................................................................................... 4<br />

4.0 Compliance with Federal ‘<strong>Energy</strong> Supplies Emergency Act’..................................... 4<br />

5.0 Imminent Fuel Shortage............................................................................................ 4<br />

6.0 Response Plan.......................................................................................................... 4<br />

7.0 Notification................................................................................................................. 7<br />

8.0 Communications........................................................................................................ 5<br />

9.0 Emergency Management and Civil Protection Act.................................................... 5<br />

10.0 Plan Review………………………………………………………………………………... 5<br />

Appendix<br />

A Critical Infrastructure Sectors……………………………………………………………. 6<br />

B Best Practices - for Critical Infrastructure Owners/Operators and Communities….. 7<br />

Business Continuity Plans……………………………………………………………….. 7<br />

Recommendations Regarding Stationary Emergency Power Generators………….. 7<br />

Critical Infrastructure Response Vehicles………………………………………………. 8<br />

C Fuel Capacity at Community Levels…………………………………………………….. 8<br />

D Designated Emergency distribution Terminals…………………………………………. 9<br />

E Temporary Waivers from Governments………………………………………………… 10<br />

F Stakeholder Responsibilities…………………………………………………………….. 11<br />

Emergency Management Ontario……………………………………………………….. 11<br />

Ministry of <strong>Energy</strong>…………………………………………………………………………. 12<br />

Canadian Petroleum Products Institute…………………………………………………. 12<br />

Canadian Independent Petroleum Marketers Association (CIPMA)..………………. 13<br />

Pipeline Operators………………………………………………………………………... 13<br />

Individual Oil Companies…………………………………………………………………. 13<br />

Communities……………………………………………………………………………….. 13<br />

Critical Infrastructure Owners and Operators………………………………………….. 14<br />

Ministries…………………………………………………………………………………... 14<br />

3


Ontario Government Emergency Fuel Distribution Protocol<br />

1.0 Introduction<br />

For the purposes of this Protocol,<br />

„fuel‟ refers to refined petroleum<br />

products, such as gasoline,<br />

diesel, jet fuel and heating<br />

oil but not crude oil.<br />

A fuel supply shortage can be<br />

caused by failures in the distribution<br />

system (e.g. due to<br />

truckers‟ protests) and/or major<br />

disruptions to refinery operations (e.g. significant<br />

electrical outages or fire). During a declared emergency,<br />

supplies of fuel may become a government<br />

controlled commodity in order for communities and<br />

critical infrastructure (CI) sectors to maintain essential<br />

services.<br />

2.0 Aim<br />

The Protocol outlines how communities and designated<br />

CI sectors (Appendix A) will work towards prioritized<br />

fuel distribution in the event of a shortage in a<br />

declared Provincial emergency.<br />

3.0 Authority<br />

This Protocol is executed under authority prescribed<br />

by Ontario‟s Emergency Management and Civil Protection<br />

Act and its regulations.<br />

4.0 Compliance with Federal ‘<strong>Energy</strong> Supplies<br />

Emergency Act’<br />

In the event that the Governor in Council implements<br />

the Federal „<strong>Energy</strong> Supplies Emergency Act’ [R.S.<br />

1985, c. E-9] in response to an exceptionally severe<br />

interruption in the supply of crude oil, this Provincial<br />

Protocol will be subject to and comply with any applicable<br />

measures that may result.<br />

5.0 Imminent Fuel Shortage<br />

Should a potential fuel shortage be the predictable<br />

result of circumstances that allow for advance notice,<br />

individual CPPI members shall advise ENERGY. In<br />

turn, ENERGY shall notify the Provincial Emergency<br />

Operations Centre (PEOC) Duty Operations Officer.<br />

Should a fuel shortage be the sudden result of circumstances<br />

that provide no advance notice, ENER-<br />

4<br />

GY will consult with PEOC and EMO staff to develop<br />

an effective strategy to mitigate the effects of the<br />

shortage.<br />

6.0 Response Plan<br />

EMO and ENERGY have developed a three tiered<br />

escalating response Protocol designed to facilitate<br />

emergency fuel distribution. This Protocol is consistent<br />

with EMO‟s doctrine of a „bottom-up‟ approach,<br />

where communities generally respond to incidents<br />

first before requesting assistance from the Province if<br />

the situation is beyond their capability. Critical infrastructure<br />

sectors are considered to be essential service<br />

providers and users of fuel.<br />

Tier 1: CIs and communities have robust emergency<br />

Plans and are prepared to be self-sufficient for three<br />

days.<br />

Tier 2: Communities and CIs are to assist each other<br />

through prearranged mutual aid assistance agreements.<br />

(Formal or informal agreements between CIs, as well as<br />

between communities, are also recommended.)<br />

Tier 3: The PEOC shall assist CIs and municipalities as<br />

a last resort. PEOC will strategically prioritize requests.<br />

EMO‟s doctrine also calls for individuals, businesses<br />

and communities to prepare for self sufficiency for<br />

three days. The doctrine also recommends that mutual<br />

aid assistance agreements should be developed<br />

as a best practice. CIs and communities should develop<br />

mutual aid agreements because most CIs reside<br />

in the communities they serve and most resources<br />

are at the community level. Therefore, it is of<br />

mutual benefit to both parties. Appendix B highlights<br />

some of the best practices for CIs and communities to<br />

follow.<br />

ENERGY estimates that only a<br />

small percentage of the approximately<br />

3,800 retail gas stations<br />

in Ontario have backup power<br />

generators. ENERGY staff will<br />

obtain information from individual<br />

oil companies to prepare a list<br />

of retailers with backup generators,<br />

which will be kept confidential<br />

by ENERGY Staff. In a declared<br />

emergency, this information<br />

will be used by Ontario


Ontario Government Emergency Fuel Distribution Protocol<br />

Government staff, as required, in a manner which<br />

best preserves public safety and confidentiality.<br />

CI sectors with response vehicles that rely on fuel retailers<br />

and do not have their own fuel depots should<br />

develop mutual aid with communities they serve. CIs<br />

should also develop a list of retailers with backup generators<br />

in the area they serve. They can canvass<br />

branded and independent stations to determine if they<br />

have a generator.<br />

Most communities have a designated emergency fuel<br />

depot with a backup power generator enabling it to<br />

operate during an electricity outage (Appendix C).<br />

These communities have established contracts with<br />

fuel suppliers. In most emergency situations, their<br />

regular supplier should be able to re-supply their fuel<br />

depot provided that the supplier has a robust contingency<br />

plan (see Appendix B for Best Practices for CIs<br />

and Communities).<br />

At Tier 3, the PEOC can assist CIs and communities<br />

with their fuel requests. The PEOC will strategically<br />

prioritize the request and ENERGY will then contact<br />

the applicable CPPI member company emergency<br />

operations centre and attempt to arrange for fuel delivery.<br />

Each oil company has individually designated<br />

emergency fuel distribution terminals in Ontario<br />

(Appendix D).<br />

The PEOC can work with appropriate Ministries to<br />

implement temporary waivers that will provide oil<br />

companies with flexibility to increase fuel supply and<br />

ease a severe shortage situation (Appendix E).<br />

When a community or CI is unable to obtain fuel from<br />

its regular supplier and has exhausted all other resource<br />

options such as an alternate fuel supplier, mutual<br />

aid from other communities, or other resource<br />

options as identified in their emergency plans, they<br />

shall advise the PEOC Duty Operations Officer at<br />

(416) 314-0472 or 1-866-314-0472.<br />

The requesters should provide the following information<br />

to the PEOC: justification of need for priority,<br />

type of fuel, quantity required, expected operational<br />

time before depletion, name of regular supplier, location,<br />

contact information and other relevant information.<br />

8.0 Communications<br />

ENERGY will communicate with individual oil<br />

companies to ensure up-to-date and accurate<br />

information is provided to make appropriate decisions<br />

by Ministry senior management in conjunction<br />

with the PEOC Executive group, and in a<br />

manner that is fully compliant with the Competition<br />

Act.<br />

The Ontario Emergency Management Structure will<br />

provide unified communication messages to all stakeholders<br />

that are consistent, clear, accurate and timely.<br />

9.0 Emergency Management and Civil Protection<br />

Act<br />

It is imperative that CIs and communities develop robust<br />

business continuity plans with strong fuel contingencies.<br />

It is important to utilize all possible re-<br />

invoke emergency powers and orders under Section 7<br />

In a declared Provincial emergency, the Province may<br />

sources before requesting assistance for fuel from the of the Emergency Management and Civil Protection<br />

PEOC at Tier 3, because there may be many requests<br />

from CIs and communities and the PEOC will<br />

Act to control the use and or distribution of fuel.<br />

need to strategically prioritize these requests. Thus,<br />

fuel requests may not be filled on time.<br />

10.0 Protocol Review<br />

Appendix F contains a list of stakeholder responsibilities,<br />

Page 11.<br />

In consultation with stakeholders, this Protocol shall<br />

be reviewed annually and updated as required by<br />

EMO and ENERGY. Any changes will be reviewed by<br />

stakeholders.<br />

7.0 Notification<br />

5


Ontario Government Emergency Fuel Distribution Protocol<br />

Appendix A - Critical Infrastructure Sectors<br />

EMO has identified nine critical infrastructure sectors. The PEOC/EMO has not pre-determined the priority<br />

of these nine CI sectors. Depending on the nature of the emergency, priority will be determined at an appropriate<br />

time during a declared provincial emergency by strategic assessment<br />

C o n t i n u i t y o f G o v e r n m e n t<br />

(municipal, provincial and federal governments).<br />

Oil and Natural Gas (oil refineries,<br />

distribution and retail operations; natural<br />

gas distribution).<br />

Electricity (nuclear, hydroelectric and<br />

fossil power generation; electricity<br />

transmission and distribution).<br />

Financial Institutions (Bank of Canada,<br />

banks and trust companies, credit<br />

unions, caisses populaires, Province<br />

of Ontario Savings Office, interinstitution<br />

computer systems, insurance<br />

companies, mutual fund companies,<br />

stock exchanges).<br />

Food and Water (water treatment,<br />

water storage, water monitoring, water<br />

distribution, waste water and sewage<br />

treatment, food production and harvesting,<br />

food processing and distribution,<br />

food inspection and monitoring).<br />

Health (hospitals, ambulance services,<br />

pharmaceuticals, blood services,<br />

and long-term care facilities).<br />

Public Safety and Security (fire<br />

fighting, police and emergency medical<br />

services, emergency operations<br />

and evacuation centres, Centre of Forensic<br />

Sciences, Office of the Chief<br />

Coroner, military facilities, correctional<br />

facilities, search and rescue, flood and<br />

erosion control, pollution monitoring<br />

and public alerting, weather forecasting<br />

and public alerting);<br />

Telecommunications (9-1-1 communications,<br />

telephones, wireless telephones,<br />

pagers, television stations,<br />

radio stations, internet); and<br />

Transportation (highways and<br />

roads, snow removal services, railways,<br />

public transit, airports, aviation<br />

communication and navigation, port<br />

facilities, canals and shipping locks,<br />

movable bridge systems, ferries, marine<br />

communication and navigation,<br />

border controls);<br />

The preceding list is in alphabetical order and not in prioritized order. Nevertheless, it is recognized that most<br />

of the CI sectors will be unable to operate without an ongoing supply of fuel. The list is a generic guide only<br />

and not intended to provide a complete and exhaustive description of all possible essential users in each CI<br />

sector.<br />

6


Ontario Government Emergency Fuel Distribution Protocol<br />

Appendix B - Best Practices for Critical<br />

Infrastructure Owners and Operators<br />

& Communities<br />

As part of the emergency planning process, communities<br />

and CIs should consider measures that can be<br />

taken in advance to mitigate the potential effects of a<br />

fuel shortage.<br />

All communities and CIs should have a robust emergency<br />

preparedness and response plan to deal with<br />

threats.<br />

Strategically located sources of auxiliary electrical<br />

power generators with adequate capacity and on-site<br />

fuel reserves can increase the robustness of continuity<br />

of operations.<br />

Ideally, communities and CIs should prepare to be<br />

self sufficient for three days as prescribed by EMO<br />

guidelines.<br />

The development of a robust business continuity plan<br />

(BCP) will enhance the operational resilience of organizations.<br />

Business Continuity Plans<br />

advance of and during a fuel supply disruption.<br />

Ensure clear and concise pre-approved messages<br />

are ready, as well as a means of communicating<br />

them to key stakeholders.<br />

Maintain emergency contact list of critical staff and<br />

stakeholders.<br />

Maintain an emergency operations centre and alternate<br />

site.<br />

Keeping a supply of critical parts / commodities to<br />

ensure continuity of service.<br />

Mutual aid, sharing resources and or expertise<br />

with other organizations.<br />

Keep details of alternative suppliers should primary<br />

supplier fail.<br />

Car sharing or alternative modes of transport for<br />

essential staff.<br />

Lodging facilities for critical staff.<br />

Information technology plan / strategy.<br />

Interdependencies with other CIs / organizations.<br />

Incident management system.<br />

Staff training and awareness.<br />

Weather or seasonal patterns that may affect<br />

BCP.<br />

Review and exercise BCP regularly.<br />

Recommendations regarding Stationary Emergency<br />

Power Generators<br />

BCP should consider and include the following:<br />

Emergency management coordinator to develop<br />

and maintain BCP.<br />

Hazard identification and risk assessment.<br />

Mitigation, preparedness, response and recovery<br />

measures / strategies.<br />

Identify all fuel supply vulnerabilities and prepare<br />

for them.<br />

Establish firm contract with fuel supplier and ensure<br />

supplier has a robust contingency plan. This<br />

could include backup power generators at retail<br />

sites and distribution terminals.<br />

Identify, prioritize and reallocate resources<br />

(including staff) to deliver only critical services and<br />

products.<br />

Reducing fuel usage and conserving where possible.<br />

Improving the resilience of service contracts and<br />

supply chain management (not just fuel but other<br />

supplies the organization needs to deliver its key<br />

services and products).<br />

Establish effective communication with staff, customers,<br />

suppliers and other key stakeholders in<br />

Generators should be properly maintained and<br />

tested under load on a regular basis. Ensure fuel<br />

quality and quantity level are maintained.<br />

CIs and communities should have a firm contract<br />

with a fuel supplier. They should ensure that their<br />

supplier understands that CIs and communities<br />

are a high priority in an emergency situation.<br />

They should also ensure their supplier has a robust<br />

contingency plan. The potential declaration<br />

of a Provincial emergency and the use of force<br />

majeure should be considered in contract discussions.<br />

CIs and communities should consider diversifying<br />

the fuel supplies for their life-safety emergency<br />

and backup generation fleet by including continuously<br />

piped natural gas from the gas utility whose<br />

service is independent of the electrical grid. Retrofitting<br />

existing diesel generators to operate on a<br />

combination of diesel and natural gas, commonly<br />

referred to as bi-fuel or dual-fuel, may be practical.<br />

Its main advantage is to extend the run-time of the<br />

stored diesel fuel inventory and thus increase<br />

7


Ontario Government Emergency Fuel Distribution Protocol<br />

resiliency of operations.<br />

Appendix C: Fuel Capability at Community Level<br />

CIs should develop mutual aid assistance agreements<br />

(where possible) with the community in<br />

which they serve. Communities should recognize<br />

that CIs are a priority in the response and recovery<br />

efforts and in most cases, CIs serve in their<br />

communities, thus it is of mutual benefit to both<br />

parties. Agreements between CIs, as well as between<br />

communities, are also recommended.<br />

CI Response Vehicles<br />

Vehicles‟ fuel tanks should be filled to capacity at<br />

the end of each work shift.<br />

A survey was conducted to determine the fuel capability<br />

at the community level in February/March of<br />

2007. The survey was forwarded to all 445 communities<br />

in Ontario via EMO. Responses from the survey<br />

provided a summary of fuel resources at the community<br />

level. The survey was crafted by ENERGY and<br />

CPPI.<br />

Analysis from the responses indicated the following:<br />

168 responses were completed, representing a<br />

response rate of about 38 per cent. This represents<br />

a sufficient sample size that may be indicative<br />

of the fuel resources at the community level.<br />

CIs should develop a list of retail gas stations with<br />

backup power generators in the geographic area<br />

they serve. They can canvass branded and independent<br />

gas stations to determine if they have a<br />

generator. (There are hundreds of stations being<br />

operated by independent owner/operators that are<br />

not represented by CPPI, CIPMA or any other trade<br />

association.)<br />

Consider having a variety of fleet vehicles running<br />

on different fuels. For example, gasoline, diesel,<br />

hybrid, propane, natural gas and electric powered<br />

vehicles would provide greater flexibility and resilience.<br />

CIs should develop mutual aid assistance agreements<br />

with the communities in which they serve.<br />

Agreements between CIs, as well as between communities,<br />

are also recommended.<br />

Most communities have a designated emergency<br />

fuel depot with a backup power generator enabling<br />

it to operate during an electricity outage.<br />

These communities have established contracts<br />

with fuel suppliers. A few smaller communities<br />

rely on private retail outlets, probably due to a lack<br />

of resources. Larger communities have many municipally<br />

operated depots.<br />

Community designated fuel depots mostly provide<br />

service to fire and road maintenance vehicles.<br />

Other first responder vehicles (police, EMS and<br />

utilities) not serviced by a municipal depot likely<br />

use retail outlets or card locks.<br />

Most communities do not have a fuel delivery vehicle<br />

to supply stationary generators at hospitals<br />

and water and sewage treatment plants. They<br />

rely on their fuel supplier for delivery to stationary<br />

generators. A small percentage of communities<br />

have tanks attached to pickup trucks and are able<br />

to deliver to generators.<br />

Most community fuel depots contain regular gasoline<br />

and on-road and off- road diesel. Their depots<br />

contain sufficient supply for their operational<br />

needs, able to sustain their vehicles for a number<br />

of days before the need to refuel storage tanks.<br />

Their usage is generally higher in the winter due<br />

to snow removal operations.<br />

Most communities are receptive to mutual aid<br />

agreements with CI sectors. Some are receptive<br />

to assisting CI sectors without agreements with<br />

their fuel needs in the event of an emergency.<br />

Most communities advised that their own needs<br />

must be fulfilled first before assisting others.<br />

8


Ontario Government Emergency Fuel Distribution Protocol<br />

Some communities will not be able to assist because<br />

they do not have a fuel depot or their capacity<br />

is insufficient. The decision to assist CIs<br />

usually needs the approval of their municipal<br />

council.<br />

A small number of communities do not have a<br />

designated emergency fuel depot. They rely on a<br />

local fuel supplier through a contract arrangement<br />

or depend on retail service stations or card lock<br />

facilities to meet their needs.<br />

These results suggest that most communities are fuel<br />

self sufficient for a few days. They are willing to assist<br />

CI sectors provided that their needs are met first.<br />

It is a good practice for CI sectors to arrange mutual<br />

aid agreements with communities, as most CIs serve<br />

communities and most resources reside at the community<br />

level. Therefore, it is of mutual benefit to both<br />

parties.<br />

Appendix D: Designated Emergency Distribution Terminals<br />

Individual oil companies have designated nine terminals for fuel distribution in a Provincial emergency with a fuel shortage.<br />

Designated Emergency Distribution Terminals<br />

Company Terminal Name Terminal Location Hard Wired for Generator<br />

Generator<br />

On Site<br />

Suncor Oakville Oakville Yes Yes<br />

Suncor Thunder Bay Thunder Bay Yes Yes<br />

Ultramar Ltd. Maitland Maitland Yes Yes<br />

Ultramar Ltd. Bracebridge Gravenhurst Yes No<br />

Ultramar Ltd. Sudbury Sudbury Yes No<br />

Shell Canada Sault Ste Marie Sault Ste Marie Yes No<br />

Suncor Metro Depot Toronto Yes Yes<br />

Suncor London London Yes Yes<br />

Imperial Oil Ottawa Ottawa Yes No<br />

Terminal operations adhere to all government regulations/protocols/Technical Standards and Safety<br />

Authority (TSSA) requirements to ensure compliance and safety at all times:<br />

All loading will be performed under the existing oil company specific protocols and procedures<br />

at the facility.<br />

Tank farms will be manned; an operator will inspect for leaks hourly and will have two-way<br />

communications to the office.<br />

All facilities have spill containment facilities, including but not limited to dikes, oil/water separators<br />

and controlled catch basins that comply with the LFHC.<br />

9


Ontario Government Emergency Fuel Distribution Protocol<br />

Appendix E: Temporary Waivers from Governments<br />

The following types of temporary waivers from Government<br />

may provide oil companies with flexibility to<br />

increase fuel supply and ease a severe shortage situation.<br />

Other waivers may be available to alleviate an<br />

emergency situation.<br />

Gasoline Volatility Limit<br />

The Ontario Ministry of the Environment can grant a<br />

temporary waiver of the gasoline volatility limit in the<br />

ethanol-in-gasoline regulation to allow the blending of<br />

ethanol with conventional gasoline, (ethanol is normally<br />

blended with a special, low-volatility blendstock<br />

known as RBOB to meet volatility limits) or the use of<br />

other components in gasoline to extend supply.<br />

Liquid Fuels Handling Code<br />

The Technical Standards and Safety Authority (TSSA)<br />

under the Ontario Ministry of Consumer Services can<br />

grant temporary variances under its Liquid Fuels Handling<br />

Code.<br />

Hours of Service Rules for Fuel Haulers<br />

The Ontario Ministry of Transportation can grant temporary<br />

provision to relax hours of service rules for fuel<br />

haulers that could maximize refuelling efficiencies to<br />

help in supply and delivery across the province.<br />

Fuel Oil Regulation<br />

The TSSA under the Ministry of Consumer Services<br />

can grant temporary variances under its Fuel Oil Regulation<br />

(Ontario Regulation #213/01, Technical Standards<br />

and Safety Act, 2000).<br />

The regulation requires a fuel supplier to do a thorough<br />

inspection of a customer's fuel tank before delivering<br />

heating fuels like propane and heating oil. Regardless<br />

of whether the tank is underground or above<br />

-ground, the TSSA regulation requires fuel oil distributors<br />

to inspect all equipment to which they deliver fuel<br />

initially and at least once every 10 years.<br />

A temporary variance could allow a fuel supplier to<br />

deliver to a CI location and waive the need to inspect<br />

the equipment when the location is not their regular<br />

customer. It may not be practical to conduct a thorough<br />

inspection in an emergency situation due to time<br />

and resource constraints.<br />

Federal Fuel Regulations<br />

Fuel regulations under the Canadian Environmental<br />

Protection Act (CEPA) 1999 provide environmental<br />

benefits. Regulations covered include:<br />

Gasoline Regulations: limits on lead and phosphorous<br />

Sulphur in Gasoline Regulations: sulphur limits<br />

Sulphur in Diesel Fuel Regulations: sulphur limits<br />

Fuel Information Regulations No. 1: reporting on<br />

additives and sulphur levels<br />

Future fuels regulations made under Division 4<br />

(Fuels)<br />

Benzene in gasoline limits.<br />

CEPA provides for the possibility of waivers of fuel<br />

regulations. CEPA Section 147 provides for the<br />

granting of temporary waivers to regulations in the<br />

Fuels Division under “prescribed circumstances”.<br />

Since regulations have not been passed to prescribe<br />

such circumstances, granting of waivers cannot be<br />

considered.<br />

There may be circumstances when the Government<br />

of Canada may want to waive the fuel regulation. For<br />

example, in the event of a severe fuel shortage, relaxing<br />

fuel quality requirements may help with fuel supply.<br />

In order to use waivers, a regulation must first be developed<br />

setting out the circumstances under which a<br />

waiver may be granted.<br />

If enabled, waivers would be available only for the<br />

fuels regulations under CEPA‟s Fuels Division.<br />

Waivers cannot be applied to regulations made under<br />

CEPA Toxics Substance Part (Part 5) such as the<br />

Benzene in Gasoline Regulations.<br />

10


Ontario Government Emergency Fuel Distribution Protocol<br />

A high threshold is set for waivers:<br />

Waivers would only be possible under extreme<br />

circumstances (e.g. not just for economic reasons).<br />

Should the circumstances occur, granting a waiver<br />

remains at the Minister‟s discretion.<br />

s.147 enables the Minister to waive any of the requirements<br />

of a fuels regulation<br />

Administrative provisions could first be waived,<br />

e.g. reporting<br />

Pollutant limits could later be waived if necessary,<br />

e.g. sulphur content<br />

A waiver is available only under exceptional circumstances<br />

such as when Canada or a province/territory<br />

has declared a state of emergency.<br />

Once an emergency has been declared, the Minister<br />

would then have discretion to grant a waiver. Factors<br />

to be considered by the Minister in granting a waiver:<br />

Does the emergency relate to a fuel supply shortage?<br />

Would the fuel shortage be alleviated by the granting<br />

of a temporary waiver?<br />

Do the benefits of granting a waiver exceed the costs<br />

(e.g. of the resulting impacts on air pollution, the environment<br />

and health of Canadians)?<br />

Implications of granting a waiver and provisions to<br />

mitigate damage.<br />

Appendix F: Stakeholder Responsibilities<br />

EMO/PEOC Responsibilities<br />

EMO to work with ENERGY to ensure that oil sector<br />

critical facilities receive electricity restoration<br />

priority in the event of a disruption, in accordance<br />

with the documented Independent Electricity System<br />

Operator‟s (IESO) Ontario Electricity Emergency<br />

Restoration Plan, where oil refineries and<br />

pipelines are designated as “Priority Customer<br />

Loads”.<br />

Assist communities, ministries and CI sectors with<br />

the development of their respective emergency<br />

fuel contingency plans.<br />

Commissioner of EMO to make recommendations<br />

to the Lieutenant Governor in Council or the<br />

Premier to declare a Provincial emergency.<br />

Commissioner of EMO to make recommendations<br />

to the Lieutenant Governor in Council to implement<br />

emergency powers if necessary.<br />

Commissioner to provide leadership to all facets<br />

of the government‟s emergency management response<br />

and recovery efforts.<br />

Notification to all stakeholders the activation of the<br />

PEOC in a declared emergency.<br />

It is important to note that some fuel made available<br />

under waivers may cause permanent damage to<br />

emissions control equipment on cars and trucks.<br />

Other Federal and U.S. Legislations/<br />

Regulations<br />

The following Federal and U.S. legislations/regulations<br />

would need to be explored:<br />

Ethanol in gasoline waiver.<br />

Truck weight waiver.<br />

Cross border dangerous goods movements.<br />

Export permits from the State of Michigan.<br />

Diesel quality issues.<br />

11


Ontario Government Emergency Fuel Distribution Protocol<br />

Provide strategic priority policies for refueling CIs<br />

and communities. Communicate to stakeholders<br />

that CIs are a priority.<br />

Assist in locating backup power generators for fuel<br />

distribution terminals and retail gas stations that<br />

are hard wired to accept a generator, if necessary.<br />

Field Officers to assist communities with their fuel<br />

needs.<br />

Assist CIs and communities in obtaining emergency<br />

fuel through the PEOC. Prioritize fuel requests.<br />

Assist in arranging security and verification of fuel<br />

request at designated major distribution terminals,<br />

if necessary.<br />

Maintain current 24/7 contact list of Community<br />

and Ministry Emergency Management Coordinators.<br />

Coordinate with appropriate Ministries and/or Federal<br />

departments to implement temporary waivers<br />

to provide oil companies with flexibility to increase<br />

fuel supply.<br />

Resolve any issues and/or priorities.<br />

Lead in Ontario CI Assurance Program.<br />

ENERGY Responsibilities<br />

Maintain the ENERGY Emergency Response Plan<br />

which will include provisions for this Ontario Emergency<br />

Fuel Distribution Protocol. The Protocol will<br />

be reviewed and updated as needed, jointly with<br />

EMO.<br />

Participate in the Ontario CI Assurance Program<br />

and other CI activities. Lead for the oil and natural<br />

gas sector network in the CI program.<br />

Liaise with CI sectors, communities, ministries and<br />

other stakeholders to better understand interdependencies,<br />

address issues and assist in the development<br />

of their emergency fuel contingency<br />

plans.<br />

Provide up-to-date primary and alternate ENER-<br />

GY emergency contact information to the PEOC<br />

Duty Operations Officer.<br />

Provide current emergency contact information to<br />

CPPI and its member representatives and other<br />

oil sector stakeholders.<br />

Advise the PEOC of potential or real fuel shortages.<br />

Consult with the PEOC in developing an effective<br />

strategy to mitigate and/or respond to the<br />

effects of the shortage.<br />

Activate ENERGY Ministry Action Group and<br />

Emergency Operations Centre in support of emergency<br />

fuel management operations.<br />

Communicate EMO/PEOC‟s strategic prioritization<br />

guidelines to CPPI members and other oil sector<br />

stakeholders.<br />

Liaise between the PEOC and CPPI members<br />

with regard to filling fuel requests. Assist in resolving<br />

issues.<br />

ENERGY to work with the Independent Electricity<br />

System Operator (IESO) to ensure that oil sector<br />

critical facilities receive electricity restoration priority<br />

in the event of a disruption, in accordance with<br />

the documented IESO‟s Ontario Electricity Emergency<br />

Restoration Plan, where oil refineries, vital<br />

precursors and pipelines are designated as<br />

“Priority Customer Loads”.<br />

CPPI Responsibilities<br />

1. Provide current primary and alternate CPPI and its<br />

members‟ emergency contact information to EN-<br />

ERGY.<br />

2. Provide current oil sector<br />

critical infrastructure<br />

contact information to<br />

the Independent Electricity<br />

System Operator<br />

for priority system restoration<br />

on an annual<br />

basis (in writing). All<br />

information treated as<br />

strictly confidential and<br />

is not shared other<br />

than with IESO Command<br />

center.<br />

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Ontario Government Emergency Fuel Distribution Protocol<br />

3. Participate in the following, together with no more<br />

than one CPPI member at a time:<br />

Critical infrastructure exercises;<br />

Attend regular meetings with ENERGY, IESO<br />

and EMO;<br />

Meet with other CI sectors to provide and explain<br />

general non-confidential oil industry information;<br />

and<br />

Attend EMO‟s annual CI conference and workshop<br />

as appropriate.<br />

CIPMA Responsibilities<br />

Liaise with ENERGY and provide list of retail service<br />

stations with backup generator from its member<br />

companies.<br />

Pipeline Operators Responsibilities<br />

Participate in EMO‟s CI Assurance Program. Liaise<br />

through ENERGY with CI sectors and other<br />

stakeholders to address interdependency issues.<br />

Advise the ENERGY of potential or actual emergency<br />

and provide status updates as required.<br />

Individual Oil Companies‟ Responsibilities<br />

Maintain individual emergency preparedness and<br />

response plans with backup power capability<br />

where possible.<br />

Provide current primary and alternate emergency<br />

contact information to the ENERGY Sector Representative.<br />

Advise ENERGY of potential or actual fuel shortages<br />

and provide status updates as required.<br />

Respond to fuel requests from the PEOC/<br />

ENERGY and provide updates on delivery status.<br />

Maintain a list of retail service stations with backup<br />

generators. Provide list to ENERGY on a one<br />

on one confidential basis.<br />

Advise PEOC/ENERGY of any issues in fulfilling<br />

requests should they arise.<br />

On an individual basis, participate with CPPI as<br />

described in CPPI responsibility #3 above.<br />

Communities‟ Responsibilities<br />

Consider developing and maintaining emergency<br />

fuel mitigation, preparedness and response<br />

plan.<br />

Consider developing mutual aid assistance<br />

agreements with other communities and CI sectors<br />

to increase resilience.<br />

Must have a regular fuel supplier for their essential<br />

services and fuel depots and ensure that<br />

their supplier has a robust contingency plan.<br />

Advise their local emergency responders (police,<br />

fire and ambulance) of available designated fuel<br />

depots, if available.<br />

Forecast fuel requirements of essential community/municipal<br />

services and submit requests for<br />

emergency re-supply to their regular fuel supplier.<br />

Through prearrange mutual aid assistance<br />

agreement, assist CIs that serve their community.<br />

At tier 3, provide PEOC with detailed request for<br />

fuel for their community/municipal operations:<br />

justification of need for priority reasons, type of<br />

fuel, quantity required, expected operational<br />

time before depletion, name of regular supplier,<br />

location, contact information and other relevant<br />

information.<br />

Develop priorities within each of their community/municipal<br />

business continuity operations and<br />

conserve fuel where possible.<br />

Adopt best practices in business continuity planning.<br />

13


Ontario Government Emergency Fuel Distribution Protocol<br />

location, contact information and other relevant<br />

information.<br />

Develop priorities within their CI business continuity<br />

operations and conserve fuel where possible.<br />

Adopt best practices in business continuity planning.<br />

Ministries‟ Responsibilities<br />

Consider developing and maintaining emergency<br />

fuel mitigation, preparedness and response plans.<br />

CIs‟ Responsibilities<br />

Consider developing and maintaining emergency<br />

fuel mitigation, preparedness and response plans.<br />

Consider developing mutual aid assistance agreements<br />

with communities and CIs and be able to<br />

tap into community designated fuel depots where<br />

available.<br />

Must have a regular fuel supplier and ensure that<br />

their supplier has a robust contingency plan.<br />

Forecast fuel requirements of essential service<br />

and submit requests for emergency re-supply to<br />

their regular fuel supplier.<br />

Develop a list of retailers with backup generators<br />

in the area they serve. They can canvass branded<br />

and independent stations to determine if they<br />

have a generator.<br />

At tier 3, provide PEOC with detailed request for<br />

fuel: justification of need for priority reasons, type<br />

of fuel, quantity required, expected operational<br />

time before depletion, name of regular supplier,<br />

Consider developing mutual aid assistance agreements<br />

with communities and CIs to increase resiliency.<br />

Must have a regular fuel supplier and ensure that<br />

their supplier has a robust contingency plan.<br />

Forecast fuel requirements of essential service<br />

and submit requests for emergency re-supply to<br />

their regular fuel supplier.<br />

At tier 3, provide PEOC with detailed request for<br />

fuel: justification of need for priority reasons, type<br />

of fuel, capacity requirement, expected operational<br />

time before depletion, name of regular supplier,<br />

location, contact information and other relevant<br />

information.<br />

Develop priorities within their Ministry business<br />

continuity operations and conserve fuel where<br />

possible.<br />

Adopt best practices in business continuity planning.<br />

14


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Ministry of<br />

<strong>Energy</strong><br />

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