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 April 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 February and March 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Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of June under which they were made (Governing Act).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 2009-2 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.

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.

Commercial Vehicle Drivers Hours of Service Regulations (Motor Vehicle Transport Act): Proposed amendments are found in the Canada Gazette, Part I, March 14, 2009, p. 655.

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 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. Proposed amendments regarding electronic stability control systems are found in the Canada Gazette, Part I, March 14, 2009, p. 674.

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.

Species at Risk Act: SOR/2009-86 adds 23 species to Schedule 1, reclassifies 5 species already listed in Schedule 1 and removes one.

Feeds Regulations, 1983 (Feeds Act): SOR/2009-18 amends the regulation to replace the definition for "specified risk material".

Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): SOR/2009-32 amends the regulation to correct an omission. This amendment re-instates the record keeping requirements for imported vehicles (section 10). Section 114 of Schedule IV has been amended to correct errors. SOR/2009-33 amends section 115 of Schedule IV to require that Vehicle Identification Numbers (VIN) cannot be identical for vehicles manufactured, within a sixty-year period and no earlier than 1980 . These amendments also describe the required elements of a VIN. SOR/2009- 34 amends section 206 of Schedule IV to delay compliance with lock testing requirements, which were published in the Canada Gazette, Part II on April 2, 2008.

Motor Vehicle Tire Safety Regulations, 1995 (Motor Vehicle Safety Act): SOR/2009-32 amends the regulation to correct an omission. This amendment reinstates the record keeping requirements for imported vehicles (section 11).

Division 4 New Documents for the 2009-2 Issue of the Canadian enviroOSH Legislation DVD

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

Traffic Safety Act: A section of 2005, c. 34 is now proclaimed in force which replaces section 24 (functions of the Alberta Transportation Safety Board).

Coal Conservation Regulation (Coal Conservation Act): Alta. Reg. 24/2009 amends sections 82 (form of security deposit) and 84 (Board taking remedial action), replaces references to the minister with "Board" in sections 82, 84 & 85, and extends the expiry date of the regulation in section 90.

Oil and Gas Conservation Regulation (Oil and Gas Conservation Act): Alta. Reg. 9/2009 replaces subsection 16.530(1) (orphan levy fund for fiscal year of the Board).

Division 4 New Documents for the 2009-2 Issue of the Canadian enviroOSH Legislation DVD

Environmental Management Act: S.B.C. 2008, c. 20 is partially in force. A definition for greenhouse gas has been added for the purposes of Part 6.1 (Greenhouse Gas Reduction), of the Act. Sections 76.2, 76.21 and 76.5 of the added Division 2 (Waste Management Facilities), of the new Part 6.1, are now in force. Division 2 requires the reduction of greenhouse gases from waste management facilities be managed in accordance with the regulations. Amendments to section 114 (Restraining orders) allow a restraining order to be made for the contravention of requirements relating to the control of greenhouse gases, with the exception of subsection 114(1)(g), which is not in force. Amendments to subsections 120(2) and (3) concern offences under the Act.

Forest Act: Sections of 2008, c. 20 (Bill 31) are now in force. Sections 151 is amended to clarify that regulations may be made regarding deposits and securities to ensure the performance of obligations under the Forest Act, Forest and Range Practices Act, Wildfire Act and the Forest Practices Code of British Columbia Act.

Forest and Range Practices Act: Sections of S.B.C. 2008, c. 4 (Bill 8) are now in force. Section 20.1 has been added to the Act allowing expired forest stewardship plans or woodlot licence plans to be amended where it relates to stocking standards. Amendments to section 15 clarify requirements for a forest stewardship plan are subject to the exemptions in all of section 4. Repealing 15(3) amends the Act to allow application of plan requirements to a timber sale licence for timber harvested under the Park Act.

Transportation Act: S.B.C. 2008, c. 39 consequentially amends the Act to broaden the wording of section 82.

Workers' Compensation Act: S.B.C. 2003, c. 57 amends the Act to repeal and replace the definitions for "physician" and "qualified practitioner" to update the definitions for designated health professionals. B.C. Reg. 366/2008 updates the dollar amounts throughout the Act to reflect changes in the Consumer Price Index.

Agricultural Waste Control Regulation (Environmental Management Act): B.C. Reg. 377/2008 amends section 2 regarding exemptions. It also amends the Code of Agricultural Practice for Waste Management by replacing section 18 (restrictions relating to types of boiler and heater fuel) and adding sections 18.1 to 18.6 (regarding emission standards for boilers and heaters fuelled by biomass; testing of certain boilers and heaters fuelled by biomass; record keeping requirements for same).

Carbon Tax Regulation (Carbon Tax Act): B.C. Reg. 13/2009 amends sections 17 (exemption for non-energy uses of fuel) and 26 (refunds re non-energy uses of fuel).

Drinking Water Protection Regulation (Drinking Water Protection Act): B.C. Reg. 363/2008 references the strata corporation system in sections 1 and 3. http://www.ccohs.ca/legislation/documents/bc/bcedwp/bcrdwpe0.xml Forest Practices Board Regulation (Forest and Range and Practices Act): B.C. 389/2008 amends the regulation to repeal and replace the definitions for "party" and significant breach", connecting them with requirements under the Act and the Wildfire Act. Section 2 (Audit Standards) has been repealed and replaced, updating a reference to the Act and adding references to requirements under the Wildfire Act. Subsection 3(2) is amended to clarify and expand the knowledge required of an auditor. Complaints to the board may be made concerning requirements under the Wildfire Act (section 5).

Hazardous Waste Regulation (Environmental Management Act): B.C. Reg. 375/2008 amends the regulation in several areas, including: replacing "shall" by "must" throughout the regulation; introducing new definitions (including "authorized consignee", "secure building", "secure disposal"); replacing sections 43 (registration of hazardous waste) and 44 (Provincial Identification Number); adding section 45.1 (classification of hazardous waste).

Motor Vehicle Act Regulations (Motor Vehicle Act): B.C. Reg. 351/2008 amends the regulation to repeal and replace definitions for golf cart and utility vehicle. Division 24 (Vehicles of Unusual Size, Weight or Operating Characteristics) has been repealed and replaced. Several other amendments have been also amended to reflect the new Division 24. This division deals with vehicles such as golf cars and low and zero emission vehicles.

Pipeline Regulation (Pipeline Act): B.C. Reg. 31/2009 amends section 20 regarding fees, effective April 1, 2009.

Recycling Regulation (Environmental Management Act): B.C. Reg. 374/2008 amends Schedule 3 (now "Electronic and Electrical Product Category"). New sections 2.1 and 2.2 outline how the category is to expand on July 1, 2010 and July 1, 2012 respectively. Sections 3.1 and 3.2 are transitional. Additional amendments to Schedule 3 (not incorporated) are due to become effective July 1, 2012.

Spill Reporting Regulation (Environmental Management Act): B.C. Reg. 376/2008 replaces the Schedule (Reportable Levels for Certain Substances).

Waste Discharge Regulation (Environmental Management Act): B.C Reg. 365/2008 adds section 4.1 (exemption relating to produced water from coalbed gas operations). B.C. Reg. 377/2008 repeals subsection 3(9).

Workers Compensation Act Appeal Regulation (Workers' Compensation Act): B.C. Reg. 421/2008 amends the regulation to replace the definitions for two types of health professionals, in section 5.

Division 4 New Documents for the 2009-2 Issue of the Canadian enviroOSH Legislation DVD

Vehicle Warning Lights Regulations (Motor Vehicle Act): N.S. Reg. 37/2009 is amended to add section 8 (Flashing or revolving purple light for funeral procession) to the Act.

Division 4 New Documents for the 2009-2 Issue of the Canadian enviroOSH Legislation DVD

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.

Highway Traffic Act: 2008, c. 17 (Bill 85) is now proclaimed in force. New section 32.1 recognizes the issuance of combined photo cards under the Photo Card Act, 2008 and provides that card holders have the same duty to carry, present, surrender or return their combined photo cards as if they were drivers' licences. New section 32.2 authorizes photo-comparison technology to compare the photographs of applicants for and holders of drivers' licences and photo cards. References in the Act to the Photo Card portion of a driver's licence are deleted to avoid confusion with the new photo cards. Administrative provisions that are in the Photo Card Act, 2008 are added to the Highway Traffic Act.

Species at Risk in Ontario List (Endangered Species Act, 2007): O. Reg. 56/09 amends the regulation to update the schedules (1-4) identifying the current species at risk.

Division 4 New Documents for the 2009-2 Issue of the Canadian enviroOSH Legislation DVD

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 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 threatened or vulnerable wildlife species and their habitats (An Act respecting threatened or vulnerable species): Draft regulations are found in the Gazette officielle du Qu�bec, March 11, 2009, p. 533.

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 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.

Regulation respecting the application of the Building Act (Building Act): O.C. 143-2009 adds section 3.1.0.1 (exemptions for contractors domiciled in New Brunswick) and amends section 3.1.1 (application of section for contractors domiciled in Ontario and New Brunswick).

Division 4 New Documents for the 2009-2 Issue of the Canadian enviroOSH Legislation DVD

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.

Division 4 New Documents for the 2009-2 Issue of the Canadian enviroOSH Legislation DVD

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.

Division 4 New Documents for the 2009-2 Issue of the Canadian enviroOSH Legislation DVD

Canadian Standards Association Standards / Association canadienne de normalisation - Normes

B140.12-03 (R2008) Oil-Burning Equipment: Service Water Heaters for Domestic Hot Water, Space Heating, and Swimming Pools

N289.1-08 General requirements for seismic design and qualification of CANDU nuclear power plants

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

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