CCOHS Legislation Monthly Report

Table of Contents

Introduction
Canada
Alberta
British Columbia
Manitoba
New Brunswick
Newfoundland and Labrador
Northwest Territories
Nova Scotia
Nunavut
Ontario
Prince Edward Island
Quebec
Saskatchewan
Yukon
Standards

The CCOHS legislation monthly report helps you track the legislative changes occurring in Canadian jurisdictions up to February 2008. To assist you in tracking changes to this report from the previous month, the new text will appear in purple. Information contained in this report is restricted to environmental/health and safety legislation that is either available in the Canadian enviroOSH Legislation series or represents new items. We welcome your comments on this service. You can contact us at clientservices@ccohs.ca

Contains the names of current federal, provincial and territorial bills relevant to the Canadian enviroOSH Legislation series. It is updated monthly. All bills are removed at the conclusion of a parliamentary session and a new series begins.

Note: If a bill has reached "Royal assent" this does not necessarily mean it is in force (effective). The notation NIF indicated Not in Force (i.e. will be proclaimed later).

Internet addresses containing proposed bills have been provided for those jurisdictions which supply this information. Please note that the bills are not official versions and that "first reading" bills may be amended.

List of proposals for amendments to current regulations or for new regulations. Some items may represent officially gazetted regulations which have yet to come into force. Summaries are included where available.

Contains information about amendments which have come into force between January and February 2008. These amendments have been incorporated in the respective legislation by CCOHS staff. They will appear on subsequent issues of the Canadian enviroOSH Legislation.

Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of February 2008. The title of the repealed legislation is given and, in the case of regulations, the authority under which they were made (Governing Act).

Documents that will be on the 2008-2 Issue of the Canadian enviroOSH Legislation DVD series. Please note that some items represent previously existing legislation to increase comprehensiveness while others are newly enacted legislation. Information is presented under the respective jurisdiction as follows: Title of the document, Governing Act (if necessary), and citation.

Asbestos Products Regulations (Hazardous Products Act): Proposed regulations are found in the Canada Gazette, Part I, November 11, 2006, p. 3648.

Aviation Occupational Health and Safety Regulations (Canada Labour Code): Proposed amendments are found in the Canada Gazette, Part I, September 30, 2006, p. 2959.

Canada Occupational Health and Safety Regulations (Canada Labour Code): Proposed amendments to add Part XX - Violence Prevention in the Workplace - are found in the Canada Gazette, Part I, December 15, 2007, p. 3455.

Canadian Nuclear Safety Commission Cost Recovery Fees Regulations (Miscellaneous Program): Proposed amendments are found in the Canada Gazette, Part I, October 20, 2007, p. 3009.

Consumer Chemicals and Containers Regulations, 2001 (Hazardous Products Act): Proposed amendments are found in the Canada Gazette, Part I, February 16, 2008, p. 390.

Disposal at Sea Regulations (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, November 24, 2007, p. 3270.

Environmental Emergency Regulations (Canadian Environmental Protection Act, 1999): Proposed amendments may be found in the Canada Gazette, Part I, June 9, 2007, p. 1594.

Gasoline Regulations: (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, December 22, 2007, p. 3517 regarding leaded gasoline in competition vehicles.

Glass Doors and Enclosures Regulations (Hazardous Products Act): Proposed replacement regulations for Safety Glass Regulations (CRC 1978, c.933) are found in the Canada Gazette, Part I, November 3, 2007, p. 3114.

Interprovincial Movement of Hazardous Waste and Hazardous Recyclable Material Regulations (Canadian Environmental Protection Act, 1999): Proposed replacement regulations for the Interprovincial Movement of Hazardous Waste Regulations are found in the Canada Gazette, Part I, September 2, 2006, p. 2515.

Marine Spark-Ignition Engine and Off-Road Recreational Vehicle Emission Regulations (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, December 30, 2006, p. 4553.

Metal Mining Effluent Regulations (Fisheries Act): Proposed amendments may be found in the Canada Gazette, Part I, February 9, 2008, p. 291. The amendments add 2 fish-bearing water bodies in Nunavut to Schedule 2.

Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): Subsections 115(2.2) to (2.4) of Schedule IV as enacted by SOR/2004-250 (vehicle identification number in bar code format) come into force September 1, 2008. See Canada Gazette, Part II, Dec. 1, 2004, No. 24, p. 1796. Proposed amendments of section 12 regarding the importation of a vehicle purchased in the United States are found in the Canada Gazette, Part I, December 1, 2007, p. 3366. Proposed amendments regarding low speed vehicles are found in the Canada Gazette, Part I, December 22, 2007, p. 3545.

Motor Vehicle Tire Safety Regulations (Motor Vehicle Safety Act): Proposed amendments are found in the Canada Gazette, Part I, December 2, 2006, p. 4051.

National Energy Board Processing Plant Regulations (National Energy Board Act):Proposed amendments may be found in the Canada Gazette, Part I, November 10, 2007, p. 3179.

Non-smokers' Health Regulations (Non-smokers' Health Act): Proposed amendments may be found in the Canada Gazette, Part I, June 16, 2007, p. 1702.

Onshore Pipeline Regulations (National Energy Board Act): Proposed amendments may be found in the Canada Gazette, Part I, November 10, 2007, p. 3184.

Ozone-depleting Substances Regulations, 1998 (Canadian Environmental Protection Act, 1999). Proposed amendments are found in the Canada Gazette, Part I, December 2, 2006, p. 4025.

Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations (Canadian Environmental Protection Act, 1999). Proposed regulations are found in the Canada Gazette, Part I, December 6, 2006, p. 4265.

Polybrominated Diphenyl Ethers Regulations (Canadian Environmental Protection Act, 1999). Proposed regulations are found in the Canada Gazette, Part I, December 6, 2006, p. 4285.

Port Authorities Operations Regulations (Canada Marine Act): Proposed amendments are found in the Canada Gazette, Part I, EXTRA Vol. 141, No. 1, 2007.

Pulp and Paper Effluent Regulations (Fisheries Act): Proposed regulations are found in the Canada Gazette, Part I, November 3, 2007, p. 3090.

Restricted Components Regulations (Explosives Act): Proposed regulations are found in the Canada Gazette, Part I, August 12, 2006, p. 2365.

Review Panel Regulations (Pest Control Products Act). Proposed regulations are found in the Canada Gazette, Part I, December 6, 2006, p. 4305.

Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (Canadian Environmental Protection Act, 1999): Proposed replacement regulations for Registration of Storage Tank Systems for Petroleum Products and Allied Petroleum Products on Federal Lands (SOR/97-10) are found in the Canada Gazette, Part I, April 7, 2007, p. 829.

Transportation of Dangerous Goods Regulations (Transportation of Dangerous Goods Act, 1992): Proposed amendments are found in the Canada Gazette, Part I, September 30, 2006, p. 3015. More proposed amendments are found in the Canada Gazette, Part I, February 10, 2007, p. 255.

Canada Oil and Gas Operations Act: Part 9 of 2007, c. 35 (Bill C-28) makes amendments to authorize the National Energy Board to regulate traffic, tolls and tariffs in relation to oil and gas pipelines regulated under the Act: the definition of "pipeline" in section 2 is replaced; section 4.01 (limitations on pipelines) is added; subsection 5.3(1) is replaced; sections 5.31 to 5.36 are added (jurisdiction and powers of the National Energy Board); section 5.37 is added (required documents); Part 0.1 - Traffic, Tolls and Tariffs, sections 13.10 to 13.17 are added.

Domestic Substances List (Canadian Environmental Protection Act, 1999): SOR/2007-270 adds 8 substances to Part 1 and 13 substances to Part 3 of the DSL. SOR/2008-16 adds 17 substances to Part 1 of the DSL; replaces CAS# 237753-63-8 in Part 2; adds 6 substances to Part 3 of the DSL.

Division 4 New Documents for the 2008-2 Issue of the Canadian enviroOSH Legislation DVD

Alberta Regulation 303/2006 makes amendments to the Alberta Fire Code 1997. They can be found in the Alberta Gazette, Part II, December 15, 2006. In force December 31, 2008

Energy Resources Conservation Act: 2007, c. A-37.2 (Bill 46) amends the Act by repealing and replacing sections 6 (Duty of care), 14 (Delegation of powers), 27 (Rules of evidence) and adding sections 5.1 (Chief executive) , 27.1 (Board's funds and expenditures), 27.2 (Funding), and 49 (Rules of practice), 50 (Regulations regarding security) and 51 (Lieutenant Governor in Council regulations). Sections and subsections 15(1) and 44 have been repealed. The bulk of these amendments deal with amendments to the Energy Resources Conservation Board.

Environmental Protection and Enhancement Act: Under 2007, c. A-37.2 (Bill 46), references to the Alberta Utilities Commission are added to subsections 53(a), 68(4), 95(2), (5) and 143(b). Subsection 7(1)(b.1) has been added to the Act. 'Alberta Utilities Commission' has replaced the term 'Public Utilities Board'.

Hydro and Electric Energy Act: 2007, c. A-37.2 (Bill 46) amends the Act by replacing all references to the Public Utilities Board with that of the Alberta Utilities Commission as are references to the Board. References to the 'Energy Resources Conservation Act' have replaced the 'Alberta Energy and Utilities Act'. Sections 15.1- 15.4 and 21 - 22 have been added to the act. Sections 45 and 46 have been repealed and replaced.

Oil and Gas Conservation Act: 2007, c. A-37.2 (Bill 46) amends subsection 9(1)(d) by replacing Public Utilities Board with a reference to the Alberta Utilities Commission. References to the Public Utilities Board Act has been replaced with the Public Utilities Act, where it appears in section 55. Sections 57 - 64 have been repealed. References to the Energy Resources Conservation Act have been added to sections 5 and 6.

Pipeline Act : 2007, c. A-37.2 (Bill 46) amends subsection 1(1) replacing definitions for gas utility pipeline, licence, and licensee. Section 3.1 (Jurisdiction of Board) has been added to the act.

Water Act: 2007, c. A-37.2 (Bill 46) amends subsection 168(2) by substituting 'Public Utilities Act' for Public Utilities Board Act.

Water, Gas and Electric Companies Act: 2007, c. A-37.2 (Bill 46) amends subsection 8(2) and 10(3) by substituting 'Public Utilities Act' for Public Utilities Board Act.

Exemption Regulation (Safety Codes Act): Alta. Reg. 1/2008 amends section 5 to reference the 2006 Alberta Fire Code.

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Motor Vehicle Act Regulations: B.C. Reg. 218/2007 replaces Division 36 - Child Seating and Restraint Systems. In force July 1, 2008. See B.C. Gazette, July 3, 2007, p. 305.

Workers' Compensation Act: B.C. Reg. 409/2007 adjusts the periodic payments of compensation in various sections to reflect changes in the Consumer Price Index.

Code of Practice for the Slaughter and Poultry Processing Industries(Environmental Management Act): B.C. Reg. 406/2007 adds the definition "domestic sewage" to section 1; repeals clauses 2(1)(c) & 10(2)(e); amends sections 7 & 8 (discharge of wastewater containing domestic sewage); amends sections 12 & 14.

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Biofuels Act (C.C.S.M. c. B40): 2007, c. 17 amends the act to include biodiesel and other types of biomass derived fuel. Manufacturers of biofuel must be licenced and meet the standards established by regulation. Sections 6.1 - 6.4 has been added to the act. Definitions for 'biodiesel', 'biodiesel sales mandate', biofuel', 'blended biodiesel', 'blended biofuel', 'denatured ethanol sales mandate', director', 'Ethanol fund', and 'motive fuel' have been added to the Act. A designated portion of diesel fuel is now required to be biodiesel. The Ethanol Fund is to provide grants to producers, for denatured ethanol produced and consumed in Manitoba. Its revenue will be drawn from the gasoline tax revenues.

Manitoba Fire Code (Fires Prevention and Emergency Response Act): Man Reg. 6/2008 amends the Schedule in Man Reg 216/2006. The definition of 'Residential care facility' has been amended. Section 10 has been renumbered and a reference to section 1.1.1.3.(1) has been amended to reference 2.2.1.3.(1).

Manitoba Building Code (Buildings and Mobile Homes Act): Man Reg. 127/2006 is amended by 4/2008. The amended Schedule provides instructions for changes to the National Building Code of Canada 2005. The definition of 'Residential care facility' has been amended. References to 'Appendix A' were deleted throughout. Sections 2(8.1) and 2(15.2) were added. Figure 9.15.2.5.C. was replaced and figure 9.15.2.5.F. was added.

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Fire Prevention Act: 2007, c. 73 (Bill 10) amends subsection 30(1) (regulations re oil burning equipment; fees for the review of plans).

Off-Road Vehicle Act: 2007, c. 72 (Bill 9) amends paragraph 39.2(4)(a) (fee money for Trail Management Trust Fund).

Division 4 New Documents for the 2008-2 Issue of the Canadian enviroOSH Legislation DVD

Ambient Air Quality Criteria (Environmental Protection Act): O. Reg. 518/07 repeals the regulation, effective August 31, 2008. See the Ontario Gazette, September 15, 2007.

Spill Prevention and Contingency Plans (O. Reg. 224/07) (Environmental Protection Act): New regulation in force September 1, 2008. See the Ontario Gazette, June 23, 2007.

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Occupational Health and Safety Act General Regulations: EC2007-652, in force October 31, 2008, revokes sections 8.1 to 8.4 and replaces them with sections 8.1 to 8.10, regarding noise exposure limits; section 13.1 is also replaced (confined space). See P.E.I. Royal Gazette, November 10, 2007, p. 343.

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Regulation respecting the application of section 32 of the Environment Quality Act (Environment Quality Act): Proposed regulations are found in the Gazette officielle du Qu�bec, January 10, 2007, No. 2, p. 63.

Regulation respecting the application of the Building Act (Building Act): Proposed amendments are found in the Gazette officielle du Qu�bec, December 12, 2007, No. 50, p. 3891.

Regulation respecting exemptions from the application of Title VIII.1 of the Highway Safety Code (Highway Safety Code): amendments (re hours of driving and service) are found in the Gazette officielle du Qu�bec, December 13, 2006, No. 50, p. 4026.

Forest Protection Regulation (Forest Act): Proposed amendments are found in the Gazette officielle du Qu�bec, December 29, 2006, p. 4085.

Regulation respecting forest royalties (Forest Act): Proposed amendments are found in the Gazette officielle du Qu�bec, April 5, 2006, p. 1193.

Regulation respecting greenhouse gas emissions from motor vehicles and fees for excess emissions (Environment Quality Act). The draft regulation is found in the Gazette officielle du Qu�bec, January 3, 2008, p. 19.

Regulation respecting hazardous materials (Environment Quality Act): Draft amendments are found in the Gazette officielle du Qu�bec, February 20, 2008, No. 8, p. 663.

Regulation respecting the hours of driving and rest of heavy vehicle drivers (Highway Safety Code): Draft regulations are found in the Gazette officielle du Qu�bec, December 13, 2006, No. 50, p. 4027.

Land Protection and Rehabilitation Regulation (Environment Quality Act): Draft amendments are found in the Gazette officielle du Qu�bec, February 20, 2008, No. 8, p. 663.

Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (Environment Quality Act): Draft regulation is available in the Gazette officielle du Qu�bec, March 1, 2006, p. 1046.

Regulation respecting occupational health and safety (An Act respecting occupational health and safety): Proposed amendments are found in the Gazette officielle du Qu�bec, October 3, 2007, p. 2784.

Regulation respecting occupational health and safety in mines (An Act respecting occupational health and safety): Proposed amendments are found in the Gazette officielle du Qu�bec, October 3, 2007, p. 2785.

Regulation respecting the protection of waters from pleasure craft discharges (Environment Quality Act): A draft regulation is found in the Gazette officielle du Qu�bec, December 19, 2007, p. 3977.

Prohibition of sale of dishwashing detergents (Environment Quality Act): Proposed new regulation is found in the Gazette officielle du Qu�bec, December 12, 2007, No. 50, p. 3913.

Regulation respecting safety standards and traffic rules relating to farm machines (Highway Safety Code): Draft regulation is found in the Gazette officielle du Qu�bec, February 15, 2006, p. 975.

Regulation respecting safety standards for road vehicles (Highway Safety Code): Proposed amendments regarding photometric inspection certificates and display screens in vehicles are found in the Gazette officielle du Qu�bec, August 29, 2007, p. 2474.

Regulation respecting waste water disposal systems for isolated dwellings (Environment Quality Act): Proposed amendments are found in the Gazette officielle du Qu�bec, January 23, 2008, p. 485. The amendments are in regard to non-watertight secondary treatment systems.

Regulation respecting water containers with a capacity exceeding 8 litres - recovery and reuse. Proposed new regulation under the Environment Quality Act is found in the Gazette officielle du Qu�bec, July 11, 2007, p. 2109.

Forest Act: Some 2007, c. 39 (Bill 39) amendments come into force immediately and others are effective in April 2008 and in 2009. Their main object is to modify certain rules governing forest management activities in the domain of the State. The rules are simplified relating to forest planning by providing more leeway in the determination of the places where the forest management activities described in the five-year program may be carried out during the period covered by the general forest management plan. The Minister may accredit the holder of a wood processing plant operating permit so that the holder may obtain a management permit for a management unit in order to supply the processing plant. The annual management plan to be presented by the holders of forest management agreements or forest management contracts must be accompanied by silvicultural prescriptions approved by a forest engineer. The agreement and contract holders must prepare and submit to the Minister a periodic progress report on silvicultural treatments they carry out in the management area. In certain situations the Minister may at any time make minor changes to the boundaries of a forest management unit. The Minister is granted the power to require that persons or bodies to whom the Minister allocated volumes of round timber for the supply of wood processing plants obtain certification from an independent body that has established standards for sustainable forest management applicable to Quebec forests. The Minister may establish programs to facilitate and support the obtention of forest certification. A protection plan for biological refuges is introduced.

Highway Safety Code: Sections of 2007, c. 40 (Bill 42) in force amend sections 21 & 31.1 (vehicle prohibited on public highway), 59, 626 (by-law or ordinance to be sent to Minister), and 627. Sections 633.1 & 633.2 are added (Minister granted a power of exception to authorize and regulate the testing of new vehicles, new equipment or new traffic rules).

Mining Act: As a consequential amendment of 2007, c. 39 (Bill 39) section 304 is amended regarding designation of biological refuges under the Forest Act.

Waste Water Disposal Systems for Isolated Dwellings (Environment Quality Act): O.C. 12-2008 amends section 3.3 (maintenance reports); replaces section 3.4 (information on the siting of treatment systems); amends section 13; adds section 87.14.1 (tertiary treatment systems with disinfection using ultraviolet radiation); amends section 87.30.1 (analysis reports); repeals section 96.

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Canadian Standards Association Standards / Association canadienne de normalisation - Normes

Canadian General Standards Board Standards / Office des normes g�n�rales du Canada - Normes