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 March 2009. 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 2009. 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Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of June under which they were made (Governing Act).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 are found in the Canada Gazette, Part I, February 21, 2009, p. 418.

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.

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.

Nuclear Non-Proliferation Import and Export Control Regulations (Nuclear Safety and Control Act): Proposed amendments are found in the Canada Gazette, Part I, February 7, 2009, p. 284.

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.

Metal Mining Effluent Regulations (Fisheries Act): SOR/2009-27 amends Schedule 2 (Tailings Impoundment Areas) to add items 10 to 14 regarding the water bodies of the Carol and Scully iron ore mines of Newfoundland and Labrador.

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

Traffic Safety Act: More sections of 2007, c. 45 are now proclaimed in force. The definition of "intersection safety device" is added to section 1; it replaces references to "red light traffic enforcement device" in various places in the Act.

Activities Designation Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 1/2009 has added definitions for "syngas" and "syngas plant" to section 2 (Definitions - approval activities). A reference to syngas plants has been added to Schedule 1 under Oil and Gas.

Bus Safety Regulation (Traffic Safety Act): Alta Reg. 229/2008 amends the regulation to expire on December 31, 2009.

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Carbon Tax Act: Sections of the original Act (2008, c. 40) (Bill 37) are now in force. Amendments to the definitions for 'collector', 'registered consumer certificate' and 'registration certificate' have removed the provision allowing someone to be deemed a collector or a certificate to be deemed issued. Subsections 16(3) - (6), 19(3) - (6) and 20(3) - (6), dealing mainly with certificates and collections, have been repealed. This act has been harmonized with the Motor Fuel Tax Act to establish similar processes for collection and payments in both acts. These amendments complete the harmonization.

Health Act: S.B.C. 2008, c. 38 (Bill 24) has repealed sections 10.1 (Definitions respecting health information banks), 10.2 (Designation of health information banks), 10.3 (Collection, use and disclosure of information), 10.4 (Requests for information), 10.5 (Complaints respecting a request for information), 10.6 (Information-sharing agreements) and 10.7 (Protection of privacy).

Commercial Transport Regulations (Commercial Transport Act): B.C. Reg. 313/2008 amends the regulation to update the gross vehicle weight permitted (section 6.02). Reference to the Canadian Agreement on Vehicle Registration (section 9.02) is removed.

Environmental Appeal Board Procedure Regulation (Environmental Management Act): B.C. Reg. 342/2008 has amended the regulation to reflect the appropriate ministry - the Ministry of Healthy Living and Sport.

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Biofuels Act: Subsections 4(1), 6.5(a), 19(3) and (4) of the original Act (2003, c. 5) are in force December 15, 2008.

Highway Traffic Act: Sections 45 and 46 from S.M. 2008, c. 36 are now in force. Subsections 319(aaaa.1) and 322(5) - (7) have been repealed. Amendments to section 331 have been made dealing with issues of vehicle permits and fees under the Act.

Excluded Industries, Employers and Workers Regulation (The Workers Compensation Act): Man. Reg. 169/2008 amends the regulation by repealing and replacing Schedule A. Schedule A lists industries, employers and workers excluded from the scope of Part I of the Act. Due to this amendment, several industries are now covered by the Act, including agricultural workers, laboratory workers and workers in the freight shipping industry.

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Special Permit Fees Regulation (Motor Vehicle Act): N.B. Reg. 2008-151 amends sections 3 - 10. Lengths, heights, widths and gross mass allowable, by special permit, have all been amended.

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Forestry Act: S.N.L. 2008, c. 56 (Bill 65) amends the Act, allowing the minister to consider whether the applicant has harvested timber under a previous permit or currently has the means to harvest or process timber. It is clarified that there is no right of renewal in such permits; nor is any such right conveyed by possession previous permits (section 27). Beneficial interests in timber harvesting permits are not transferable or saleable (section 27). No compensation is owed as a result of this amendment.

Water Resources Act: S.N.L. 2008, c. 47 (Bill 53) amends the act to explicitly state that the Minister may refuse the transfer of a licence.

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Trade Union Act: 2008, c. 67 (Bill 129) repeals subsection 52A(4) and removes the reference to "police" in the Schedule regarding interest arbitration.

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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.

Electrical Safety Code (Electricity Act, 1998): O. Reg. 453/08 updates references to the Canadian Electrical Code to the 2009 edition. In force May 1, 2009. See the Ontario Gazette, January 3, 2009, No. 1, p. 1576.

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.

Ambulance Act: S.O. 2006, c. 33 is now in force and the Act has been amended to reference Provincial Land Tax Act, 2006 and remove references to the previous Act.

Clean Water Act, 2006: S.O. 2006, c. 33 amends the act to reference the Provincial Land Tax Act, 2006, and remove references to the previous Act.

Smoke-Free Ontario Act: S.O. 2008, c. 12 (Bill 69) has amended the act to prohibit smoking, or having lighted tobacco in a motor vehicle while passengers under 16 years of age are present.

Workplace Safety and Insurance Act, 1997: The part of 2007, c. 7 which amends clause 162(1)(c) is now proclaimed in force. The Board of Directors must now have a minimum of seven and a maximum of nine members.

Confined Spaces (Occupational Health and Safety Act): O. Reg. 23/09 has made minor amendments to the regulation by increasing the specificity and clarity of subsections 3(2)(a), 14(c) and 19(4).

Criteria to be Used and Other Matters to be Considered by Adjudicators Under Subsection 46(6) of Act (Occupational Health and Safety Act): O. Reg. 22/09 has amended the regulation to add decisions of the Board of directors as a factor for whether a constructor or employer has demonstrated a failure to protect the health and safety of workers. The Board is to decide applications under section 46. The name of the regulation has been changed to: Criteria to be Used and Other Matters to be Considered by the Board Under Subsection 46(6) of Act.

Firefighters - Protective Equipment (Occupational Health and Safety Act): O. Reg. 24/09 has amended section 1 of the regulation by repealing and replacing the definition for firefighter.

General Regulation (Mandatory Blood Testing Act, 2006): O. Reg. 455/08 amends the regulation by adding to the classes who may apply under section 2 of the Act.

Healthcare And residential Facilities (Occupational Health and Safety Act): O. Reg. 25/09 has made minor amendments to the regulation to improve specificity and clarity . As well, several sections have been amended to reflect recent or updated legislation.

Safety Inspections (Highway Traffic Act): O. Reg. 42/09 adds section 11.1 regarding the validity of inspection stickers for physically-disabled passenger vehicles. The section is revoked on May 1, 2009.

Training Programs (Occupational Health and Safety Act): O. Reg. 20/09 updates the board name in section 1.

Vehicle Weights and Dimensions - for Safe, Productive and Infrastructure-Friendly Vehicles (Highway Traffic Act): O. Reg. 435/08 amends the regulation to implement vehicle weight and dimension reforms. These changes address excessive damage to provincial and municipal roads and bridges and are expected to reduce the numbers of tractor-trailer collisions, while maintaining industry productivity. Changes have been made to Schedules 1 - 13 as well as amendments to sections 4.1, 36.1 and 36.2.

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Highway Traffic Act: 2008, c. 46 (Bill 43) replaces clause 176(2)(f) (speed limit through school zone).

Off-Highway Vehicle Act: 2008, c. 54 (Bill 55) adds section 11.1 regarding liability and assumption of risk on the part of the owner or operator of an off-highway vehicle.

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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: 2007, c. 40, s. 66 is now in force. Heavy vehicles must have an active speed limiter that is set at a maximum speed of 105 km/h.

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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.

Boiler and Pressure Vessel Regulations (Boiler and Pressure Vessel Act): Sask Reg. 121/2008 amends the regulation to update fees for the Fourth class power engineer, Parts A and B, in Table 11.

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Territorial Lands (Yukon) Act: S.Y. 2008, c. 23 amends the act adding subsections 18(6) and (7). The minister may now delegate responsibilities assigned under subsection 18(1) to the Deputy Minister or other officials.

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Canadian Standards Association Standards / Association canadienne de normalisation - Normes

N287.2-08 Material requirements for concrete containment structures for CANDU nuclear power plants

N287.7-08 In-service examination and testing requirements for concrete containment structures for CANDU nuclear power plants

Z241.0-03 (R2008) Definitions and General Safety Requirements for Park Model Trailers

Z241.4-03 (R2008) Installation Requirements for Propane Appliances and Equipment in Park Model Trailers

Z7396-2-02 (R2007) Medical gas pipeline - Part 2: Anaesthetic gas cavenging disposal systems

Z9170-2-00 (R2005) Terminal units for medical gas pipeline systems - Part 2: Terminal units for anaesthetic gas scavenging systems

B66-05 Design, material, and manufacturing requirements for prefabricated septic tanks and sewage holding tanks

Z317.2-01 Special Requirements for Heating, Ventilation, and Air Conditioning (HVAC) Systems in Health Care Facilities

A123.4-04 (R2008) Asphalt for constructing built-up roof coverings and waterproofing systems

C360-03 (R2009) Energy Performance, Water Consumption, and Capacity of Household Clothes Washers

C745-03 (R2009) Energy Efficiency of Electric Storage Tank Water Heaters and Heat Pump Heaters

D409-02 (R2008) Motor Vehicles for the Transportation of Persons with Physical Disabilities

F280-M90 (R2009) Determining the Required Capacity of Residential Space Heating and Cooling Appliances

Z275.3-M86 (R2009) Occupational Safety Code for Construction Work in Compressed Air

Z10535-03 (R2008) Hoists for the transfer of disabled persons - Requirements and test methods

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

19-GP-14M Sealing Compound, One Component, Butyl-Polyisobutylene Polymer Base, Solvent Curing

37-GP-9Ma Primer, Asphalt, Unfilled, for Asphalt Roofing, Dampproofing and Waterproofing

93.3-M91 Prefinished Galvanized and Aluminum-Zinc Alloy Steel Sheet for Residential Use