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 July 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 April and May 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Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of June under which they were made (Governing Act).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 2009-3 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.

Canada Oil and Gas Drilling and Production Regulations (Canada Oil and Gas Operations Act): Proposed regulations replace Canada Oil and Gas Drilling Regulations (SOR/79-82) and Canada Oil and Gas Production and Conservation Regulations (SOR/90-791). Proposed regulations are found in the Canada Gazette, Part I, April 18, 2009, p. 1096.

Canadian Environmental Protection Act: Proposed amendments to add substances to Schedule 1 are found in Canada Gazette, Part I, May 16, 2009, pp. 1457, 1470 and 1481.

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.

Class II Nuclear Facilities and Prescribed Equipment Regulations (Nuclear Safety and Control Act): Proposed regulations are found in the Canada Gazette, Part I, June 6, 2009, p. 1658.

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.

Hazardous Products (Kettles) Regulations (Hazardous Products Act): Proposed regulations are found in the Canada Gazette, Part I, May 23, 2009, p. 1567.

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. Proposed amendments (various) are found in the Canada Gazette, Part I, May 2, 2009, p. 1368.

Newfoundland Offshore Petroleum Drilling and Production Regulations (Canada-Newfoundland Atlantic Accord Implementation Act): New regulations replace Newfoundland Offshore Petroleum Drilling Regulations (SOR/93-23) and Newfoundland Offshore Area Petroleum Production and Conservation Regulations (SOR 95-103). Proposed regulations are found in the Canada Gazette, Part I, April 18, 2009, p. 1136.

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.

Nova Scotia Offshore Petroleum Drilling and Production Regulations (Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act ): New regulations replace Nova Scotia Offshore Petroleum Drilling Regulations (SOR/92-676) and Nova Scotia Offshore Area Petroleum Production and Conservation Regulations (SOR/95-190). Proposed regulations are found in the Canada Gazette, Part I, April 18, 2009, p. 1166.

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.

Transportation of Dangerous Goods Regulations (Transportation of Dangerous Goods Act, 1992): Proposed amendments are found in the Canada Gazette, Part I, May 2, 2009, p. 1376.

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.

Navigable Waters Protection Act: S.C. 2009, c. 2 amends this act to streamline the approval process and to clarify provisions related to obstacles and obstructions to navigation. Other amendments include the addition of administration and enforcement powers, consolidating all offence provisions, increasing fines and requiring a review of the Act within five years of the amendments coming into force.

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

Public Health Act: A section of 2008, c. H-4.3 is now in force which repeals section 66.1(1) clause (g) so that no action for damages may be commenced against the Alberta Cancer Board.

Beverage Container Recycling Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 177/2008 s. 2 is now in force which repeals subsection 3(2) regarding exemptions for milk and milk containers.

Commercial Vehicle Certificate and Insurance Regulation (Traffic Safety Act): Alta. Reg. 35/2009 amends the regulation by adding Part 4.1 (Commercial Vehicle Operator Profile). In addition to some changes in terminology, sections 1.1 (Agreements), 3.1 (Safety fitness certificates under federal or provincial legislation), 64.1 (Validation of Board decisions on uncompleted transactions) have been added. In addition to others, definitions for safety fitness rating and transportation legislation have been added to regulation.

Oil and Gas Conservation Regulation (Oil and Gas Conservation Act) Alta. Reg. 85/2009 amends the regulation by adding clause 1.030(2)(g), allowing the board to impose conditions on the exemption of agents.

Oil Sands Conservation Regulation (Oil Sands Conservation Act): Alta. Reg. 83/2009 amends the regulation by adding section 1.1 (Exception - agents).

Pipeline Regulation (Pipeline Act): Alta. Reg. 84/2009 amends section 1.1(2) regarding exemptions for appointing agents.

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Dwellings and Buildings Regulation (Public Health Act): Man. Reg. 33/2009 amends the regulation by implementing changes to the terminology used, including 'health hazard' instead of 'insanitary condition'. Section 1.1 (Interpretation: National Building Code) has been added to the regulation. Sections 12, 13, 20 and 21 have been repealed.

Ecological Reserves Designation Regulation (Ecological Reserves Act): Man. Reg. 62/2009 amends the regulation adding section 22 (Whitemouth Bog Ecological Reserve) to the Schedule.

Food and Food Handling Establishments Regulation (Public Health Act): Man. Reg. 32/2009 amends the regulation to reference the new Public Health Act. In addition to other amendments, sections 1.1 (The term "public health inspector" includes "health officer"), 3.1 (Temporary establishments), 5.1 (Certificate of seizure and disposal), 22 (Storage of uninspected meat) and 27.1 (Manufacturing of ice) have been added to the regulation.

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Off-Road Vehicle Act: 2007, c. 42 is now in force which amends several sections regarding the age of drivers of off-road vehicles.

Commercial Vehicle Massing Regulation (Motor Vehicle Act): N.B. Reg. 2009-53 amends subsection 3(3) by adding the Weigh Tronix Model BMS 2512-60T as an approved stationary vehicle massing device.

Water Quality Regulation (Clean Environment Act): S.N.B. 2002, c. 25 is now in force which repeals subsection 2(2) regarding sewage as a contaminant.

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Forestry Act: The section of 1990, c. F-23 (as amended by 2008, c. E-9.1) which amends section 106 is now proclaimed in force regarding provincial emergencies as a result of wild fire.

Water Resources Act: The section of 2002, c. W-4.01 (as amended by 2008, c. E-9.1) which amends subsection 35(2) is now proclaimed in force regarding technical assistance during floods or flood potential.

Workplace Health, Safety and Compensation Act: The section of 1990, c. W-11 (as amended by 2008, c. E-9.1) which amends clause 40(1)(f) is now proclaimed in force regarding the replacement of the Emergency Measures Act by the Emergency Services Act.

Environmental Control Water and Sewage Regulations, 2003 (Water Resources Act): N.L.R. 23/09 amends the regulation by repealing and replacing section 10 (Monitoring) and adding section 10.1 (Discharge standard varied by industry). Schedules C - E have been added to the regulation as well. These amendments concern the regulation of effluent in the metal mining, pulp and paper, and petroleum refining industries.

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Labour Standards Code: 2007, c. 11 (Bill 163), now proclaimed in force, amends clause 72(3)(f) regarding age of retirement established by the employer on the basis of a bona fide occupational requirement for the position.

Crane Operators Regulation (Crane Operators and Power Engineers Act): N.S. Reg. 93/2009 amends the regulation to update the fees outlined in the attached Schedule.

Electrical Code Regulations (Electrical Installation and Inspection Act). N.S. Reg. 98/2009 amends the regulation to update fees in section 5.

Fire Safety Regulations (Fire Safety Act): N.S. Reg. 103/2009 amends the fees in sections 12, 15 and 23.

Food Safety Regulations (Health Protection Act): N.S. Reg. 114/2009 amends the fees for food establishment permits and for consultant inspection services.

Fuel Safety Regulations (Fire Safety Act): N.S. Reg. 104/2009 amends the regulation to repeal and replace Part 4 (Fees).

Gas Plant Facility Regulations (Energy Resources Conservation Act): N.S. Reg. 101/2009 amends the fees outlined in section 12.

Power Engineers Regulation (Crane Operators and Power Engineers Act): N.S. Reg. 94/2009 amends Schedule 1 to update fees.

Vehicle Inspection Regulations (Motor Vehicle Act): N.S. Reg. 49/2009, ss. 3, 6, 7 and 8 now in force amending ss. 18, 28, 29 and 47. N.S. Reg. 139/2009 amends sections 9, 13, 25, 31 and 37 to update fees.

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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.

Building Code Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act to establish the Building Code Energy Advisory Council. A review of the building code will be initiated.

Conservation Authorities Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act by adding subsection 28(13) to streamline the permission policies for development of renewable energy projects, as defined by the Green Energy Act, 2009.

Provincial Parks and Conservation Reserves Act, 2006: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends section 19 (Exception, existing hydro-electricity generation sites) of the act.. Section 21 (Conditions for approval) has been repealed and replaced.

Public Lands Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act to add section 69.1 (Compliance with agreement or permit). Public Vehicles Act: S.O. 2009, c. 4 amends the act to reflect that public vehicles and taxi does not include a carpool vehicle. The definition of a carpool vehicle has been repealed. Subsections 1(2) - (5) have been added to the act to reflect that a public vehicle and taxicab will not include certain vehicles, including those where no fee is charged and where accepting passengers is incidental to the driver's purpose, as well as other conditions outlined.

Niagra Escarpment and Development Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends section 19 (Statutory amendment to Plan) repealing and replacing the definition of utility in the Niagara Escarpment Plan.

Lake Simcoe Protection (Ontario Water Resources Act): The final Lake Simcoe Protection Plan has been released. O. Reg. 130/09 has been amended to promote sustainable growth in communities in the Lake Simcoe watershed. Sections 2, 4 and 5 have been amended while section 3 has been repealed.

Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge (Rev. Dec. 2007). The revisions reflect changes to Ontario's air monitoring and reporting program. The changes streamline the reporting requirements in order to harmonize with the federal National Pollutants Release Inventory (NPRI) program. One of the main impacts has been to reduce the number of contaminants listed in Tables 2A and 2B.

Used Tires (Waste Diversion Act): O. Reg. 157/09 amends the regulation to add sections 3-7. The Ontario Tire Stewardship is continued under the regulation and is designated as the industry funding organization for waste diversion of used tires. The new sections also outline its governance structure and obligations under the Corporations Act.

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Elevators and Lifts Act Regulations (Elevators and Lifts Act): EC2009-221 amends the regulation to add subsection (5) to section 2 (Application of CSA regulations). This subsection adopts CSA Standard CAN/CSA-Z271-98.

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Construction Code (Building Act): Proposed amendment is found in the Gazette officielle du Qu�bec, May 6, 2009, p. 1632.

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 to amend the Regulation respecting pits and quarries (Environment Quality Act): Proposed regulation is found in the Gazette officielle du Qu�bec, May 20, 2009, p. 1726.

Regulation to amend the Agricultural Operations Regulation (Environment Quality Act): Proposed amendments are found in the Gazette officielle du Qu�bec, May 20, 2009, p. 1707

Regulation to amend the Regulation respecting the landfilling and incineration of residual materials and the Regulation respecting the charges payable for the disposal of residual materials (Environment Quality Act): Draft regulation is found in the Gazette officielle du Quebec, May 20, 2009, p. 1721.

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 medical aid (An Act respecting industrial accidents and occupational diseases): O.C. 368-2009 amends the fees in Schedule I for individual treatments of occupational and physiotherapy.

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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.

Sanitation Regulations (Public Health Act, 1994): Sask. Reg. 47/2009 repeals subsection 2(6) (food vending machines), section 17 (buildings where food is manufactured) and sections 32 - 44 (food, water and ice, food vending machines and frozen food locker plants).

Saskatchewan Watershed Authority Regulations (Saskatchewan Watershed Authority Act, 2005): Sask. Reg. 49/2009 replaces tables 3 and 4 in the appendix regarding industrial water use charges and low consumptive use discounts.

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Carcross General Development Regulations (Area Development Act): O.I.C. 2009/60 adds the definition of "guest dwelling" to subsection 4(1) and adds subsection 32(6).

Waters Regulation (Waters Act): O.I.C. 2009/29 amends schedules 5, 8, 9 and 10 regarding licensing criteria.

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Canadian Standards Association Standards / Association canadienne de normalisation - Normes

A440-08 NAFS - North American Fenestration Standard/Specification for windows, doors, and skylights

N285.4-05 Inspection p�riodique des composants des centrales nucl�aires CANDU

N288.1-08 Guidelines for calculating derived release limits for radioactive material in airborne and liquid effluents for normal operation of nuclear facilities

C657-04 (R2009) Energy Performance Standard for Refrigerated Cabinets (Merchandisers)

G40.20-04 (R2009) General Requirements for Rolled or Welded Structural Quality Steel

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