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 December 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 November and December 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Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of June under which they were made (Governing Act).

Documents that will be on the 2009-1 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.

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.

Energy Efficiency Regulations (Energy Efficiency Act): Proposed amendments are found in the Canada Gazette, Part I, March 29, 2008, p. 941.

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

Environmental Response Arrangements (Canada Shipping Act, 2001): Proposed regulations are found in the Canada Gazette, Part I, April 19, 2008, p. 1217.

Federal Halocarbon Regulations, 2003 (Canadian Environmental Protection Act, 1999). Proposed amendments are found in the Canada Gazette, Part I, July 5, 2008, p. 2138.

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.

Hazardous Materials Information Review Act Appeal Board Procedures Regulations (Hazardous Materials Information Review Act): Proposed amendments are found in the Canada Gazette, Part I, April 12, 2008, p. 1075.

Hazardous Materials Information Review Regulations (Hazardous Materials Information Review Act): Proposed amendments are found in the Canada Gazette, Part I, April 12, 2008, p. 1066.

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, October 25, 2008, p. 2860.

Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): 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. Proposed amendments regarding bumpers are found in the Canada Gazette, Part I, March 22, 2008, p. 822. Proposed amendments regarding Standard 216 - Roof Crush Resistance and Standard 220 - Rollover Protection are found in the Canada Gazette, Part I, March 22, 2008, p. 828. Proposed amendments regarding sections 203, 204, 212 and 219 of Schedule IV are found in the Canada Gazette, Part I, August 2, 2008, p. 2349 and regarding the Vehicle Identification Number in p. 2357. Proposed amendments regarding head restraints are found in the Canada Gazette, Part I, September 13, 2008, p. 2615.

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

Notice of intent to amend the Phosphorus Concentration Regulations (Canadian Environmental Protection Act, 1999): Proposed amendments are found in the Canada Gazette, Part I, February 16, 2008, p. 329.

Phosphorus Concentration Regulations (Canadian Environmental Protection Act, 1999). Proposed amendments are found in the Canada Gazette, Part I, June 28, 2008, p. 1999.

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

Virtual Elimination List (Canadian Environmental Protection Act, 1999): Proposals to add perfluorooctane and its salts to the regulation are found in the Canada Gazette, Part I, September 6, 2008, p. 2587.

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, April 26, 2008, p. 1257.

Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, April 26, 2008, p. 1295.

Volatile Organic Compound (VOC) Concentration Limits for Certain Products Regulations (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, April 26, 2008, p. 1326.

Domestic Substances List (Canadian Environmental Protection Act, 1999): SOR/2008-221 adds 9 substances to Part 1, 1 substance to Part 2, 11 substances to Part 3, and 1 substance to Part 4 of the DSL. SOR/2008-242 adds 13 substances to Part 1, 11 substances to Part 3, replaces 5 substances in Part 5, and adds the first substance to Part 6 of the DSL. SOR/2008-290 adds 9 substances to Part 1, replaces 1 substance in Part 3, and adds 8 substances to Part 3 of the DSL. SOR/2008-295 adds 9 substances to Part 1, 1 substance to Part 2, and 8 substances to Part 3 of the DSL.

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INTERNET: http://www.assembly.ab.ca/net/index.aspx?p=bills_home&billtype=&selectbill=

Public Lands Act: As a consequential amendment of 2006, c. 21, now proclaimed in force, a minor change is made to the definition of "Registrar" in section 1.

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Ground Water and Water Well Act: S.M. 2008, c. 42 amends the definition for "department"; the definition for "director" has been repealed. Subsections 4(1), (2) and 6(a) are amended as a result changes to the definitions. Section 7 (Access to wells and records) is repealed and replaced. Subsection 10(3) has also been amended.

Manitoba Water Services Board Act: S.M. 2008, c. 42 repeals and replaces the definition for "department" Subsection 12(3) has been amended to replace the phrase 'water branch with 'department'.

Off-Road Vehicles Act: S.M. 2008, c. 42 updates the definition of 'traffic authority' to reference reorganization of government ministries. Subsections 3(a) and 54.1(1) are amended.

Planning Act: S.M. 2008, c. 42 amends subsection 62.1(a) to reference section 5 of The Water Protection Act. Subsection 189(2) is amended.

Water Power Act: S.M. 2008, c. 42 amends the definition for "department" and the definition for "director" has been repealed. Sections 2, 3, 7, 14 as well as subsections 12(2) and 14(3) are amended.

Water Protection Act: S.M. 2008, c. 42 repeals section 44, under Part 6 (Consequential Amendments, Repeal and Coming into Force). Part 6, of this Act, has been omitted from the enviroOSH Legislation.

Wildlife Act: S.M. 2008, c. 42 repeals the meaning of "non-resident alien" and adds a definition for "foreign resident". Section 20 (Prohibitions re protected species) is amended.

Workers' Compensation Act: S.M. 2008, c. 42 makes minor amendments to sections 71 and 71.2. Subsection 104(3)(b) is amended to read "15 days".

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Fire Extinguisher Servicing Regulation (Fire Prevention Act): Amendment 2008-75 in force 01/01/09 is found in the Gazette of New Brunswick, July 2, 2008, p. 1150.

Fire Prevention and Inspection Regulation (Fire Prevention Act): Amendments 2008-71 & 2008-73 in force 01/01/09 are found in the Gazette of New Brunswick, July 2, 2008, p. 1147.

Plumbing Licensing and Inspection Regulation (Plumbing Installation and Inspection Act): Amendment 2008-76 in force 01/01/09 is found in the Gazette of New Brunswick, July 2, 2008, p. 1154.

Smoke Alarms and Smoke Detectors Regulation (Fire Prevention Act): Amendment 2008-74 in force 01/01/09 is found in the Gazette of New Brunswick, July 2, 2008, p. 1148.

Safety Code for Elevating Devices and Amusement Devices - Elevators and Lifts Act: N.B. Reg. 2008-129 amends the regulation by replacing subsection (d) and adding (a.1) to the definition of "Code" in section 1. References to CSA Standard Z98-07, (Passenger ropeways and passenger conveyors) and CSA Standard ASME A17.7-2007/CSA-B44.7-07 (Performance-based safety code for elevators and escalators) have been added to the respective sections.

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Amusement Devices (Technical Standards and Safety Act, 2000): Amending regulation O. Reg. 249/08 is in force 01/01/09. See the Ontario Gazette, No. 31, August 2, 2008, p. 2004.

Building Code (Building Code Act, 1992): O. Reg. 205/08 amends the Building Code, effective April 1, 2010. See the Ontario Gazette, July 5, 2008.

Certification and Training of Elevating Device Mechanics (Technical Standards and Safety Act, 2000): Amending regulation O. Reg. 250/08 is in force 01/01/09. See the Ontario Gazette, No. 31, August 2, 2008, p. 2009.

Elevating Devices (Technical Standards and Safety Act, 2000): Amending regulation O. Reg. 252/08 is in force 01/01/09. See the Ontario Gazette, No. 31, August 2, 2008, p. 2013.

Needle Safety (Occupational Health and Safety Act): Amending regulation O. Reg. 317/08 is in force April 1, 2009. See the Ontario Gazette, Oct. 4, 2008, No. 40, p. 1103.

Health Protection and Promotion Act: The remainder of Schedule D of 2007, c. 10 is now proclaimed in force. The amendments relate to small drinking-water systems, and include: new section 12.1 (authority of a medical officer of health re small drinking-water systems); replacement of subsections 41(7)-(9); amendment of subsection 96 (regulations); replacement of subsection 102(1).

Highway Traffic Act: S.O. 2002, c. 18 makes amendments that are now in force. Subsections 17(1), (5) are repealed and replaced and subsections (1.1), (3.1), (3.2), (5.1) and (5.2) are added to the act. Section 17.0.1 (Revocation of CVOR certificate for dishonoured payments) is added to the act. Subsections 22(1)(k) - (l), (3) and subsections 22(1)(d.1) are added to the act. Subsection 22(1)(a) is repealed. S.O. 2008, c. 8 amends the Act by adding section 68.1 (Speed-limiting systems). This imposes the requirement of speed-limiting systems on commercial highway vehicles.

Safe Drinking Water Act: The remainder of 2007, c. 10 is now proclaimed in force. Among other changes: the definition "drinking-water test" is added to section 2; section 18 is amended (duty to report adverse test result); section 18.1 is added (laboratory operator to report adverse test result); section 54 is amended (non-municipal drinking water system).

Amusement Devices (Technical Standards and Safety Act, 2000): O. Reg. 249/08 introduces several amendments, including: changes regarding scope of reference where an amusement device, defined by device as opposed to locale, falls under regulation and necessary public safety laws regardless of public accessibility; liability insurance increased to $2M as consistent with minimum insurance conditions under Canadian jurisdiction (see section 5); new incident reporting criteria, conveying owner/licence holder requirements (see section 17); new allowance for contract mechanics, recognizing industry practice (see section 5); amendment of device type certification, where once a device type is certified, similar type designs are exempt from design review if meeting current code requirements (see section 9); and new operator training log requirement to ensure skills and safety knowledge are kept up-to-date and current (see section 14.1). In force January 1, 2009.

General Regulation (Nutrient Management Act): O. Reg. 392/08 amends the regulation regarding the phasing in of compliance. See the table in subsection 12(1) and clauses 15(2)(b) & (c).

Terms of Reference (Clean Water Act, 2006): O. Reg. 385/08 changes the name of the regulation to "General" and makes extensive changes including: adding section 1 (prescribed drinking water threats); adding subsections to sections 7 & 8 and replacing section 10 re source protection authority; adding sections 11 to 23 re assessment reports and source protection plans.

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Motor Vehicle Inspection Regulations (Highway Traffic Act): EC2008-663 amends the regulation my removing the phrase 'and axe' from subsection 4(2)(b).

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Regulation respecting the application of the Environment Quality Act (Environment Quality Act): Proposed amendments are found in the Gazette officielle du Qu�bec, February 27, 2008, p. 690. The amendments concern authorization exemptions under section 22 of the Act.

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 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 joint sector-based associations on occupational health and safety (An Act respecting occupational health and safety): Proposed amendments are found in the Gazette officielle du Qu�bec, October 29, 2008, No. 44, p. 5070.

Regulation respecting the landfilling and incineration of residual materials (Environment Quality Act): Draft amendments are found in the Gazette officielle du Qu�bec, August 6, 2008, No. 32, p. 3215.

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. Draft amendments are found in the Gazette officielle du Qu�bec, September 10, 2008, No. 8, p. 4588.

Regulation respecting the mandatory declaration of water withdrawals (Environment Quality Act): Draft new regulation may be found in the Gazette officielle du Qu�bec, November 5, 2008, No. 45, p. 5079.

Regulation respecting occupational health and safety and the Safety Code for the Construction Industry (An Act respecting occupational health and safety; An Act respecting industrial accidents and occupational diseases): Proposed amendments are found in the Gazette officielle du Qu�bec, October 22, 2008, No. 43, p. 5029.

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 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 under the Tobacco Act (Tobacco Act): Draft regulations are found in the Gazette officielle du Qu�bec, March 5, 2008, p. 715.

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.

Regulation respecting wood burning appliances: Proposed new regulation under the Environment Quality Act is found in the Gazette officielle du Qu�bec, April 23, 2008, p. 1212.

Highway Safety Code: More sections of 2007, c. 40 (Bill 42) are now proclaimed in force. Amendments include provisions regarding licence suspensions following blood alcohol concentration determination (see sections 202.4, 202.6, 209.2.1, 209.14); adding new sections 328.1 - 328.4 regarding speeding offences, 480.1 & 508.1 (mopeds). More sections of 2008, c. 14 (Bill 55) are now proclaimed in force. Amendments include adding sections 63.2 (driver's licence as travel document), 274.3 (ban on devices to increase speed of mopeds), 328.5 (lifting of driving suspension).

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Occupational Health and Safety Regulations: Regulation109/2008 replaces section 77 (smoking), in force May 31, 2009. See Saskatchewan Gazette, Nov. 14, 2008, p. 780.

Occupational Health and Safety Regulations, 1996 (The Occupational Health and Safety Act): The last part of Sask. Reg. 91/2007 is now in force. A replacement section 470 sets out employer responsibilities where workers mobilize, lift, hold, turn, position, or transfer patients or clients.

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Canadian Standards Association Standards / Association canadienne de normalisation - Normes

Z15002-02 (R2007) Flow-metering devices for connection to terminal units of medical gas pipeline systems

B620-03 (R2008) Highway Tanks and Portable Tanks for the Transportation of Dangerous Goods

B621-03 (R2008) Selection and Use of Highway Tanks, Portable Tanks, Cargo Compartments, and Containers for the Transportation of Dangerous Goods, Classes 3, 4, 5, 6.1, 8, and 9

B622-03 (R2008) Selection and Use of Highway Tanks, Multi-Unit Tank Car Tanks, and Portable Tanks, for the Transportation of Dangerous Goods, Class 2

C827-98 (R2008) Energy Performance Standard for Food Service Refrigerators and Freezers

P.6-1993 (R2008) Testing Method for Measuring Thermal and Operating Efficiencies of Gas-Fired Pool Heaters

S471-04 (R2008) General requirements, design criteria, the environment, and loads

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

37.22-M89 Application of Unfilled, Cutback Tar Foundation Coating for Dampproofing

51.33-M89 Vapour Barrier Sheet, Excluding Polyethylene, for Use in Building Construction