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 November 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 September and November 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Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of June under which they were made (Governing Act).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 web and the 2009-4 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.

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.

Transportation of Dangerous Goods Act, 1992: 2009, c. 9 is in force (except s. 5) which introduces extensive amendments in two categories: new security requirements and safety amendments. These amendments include the following: (a) requirements for security plans and security training; (b) a requirement that prescribed persons must hold transportation security clearances to transport dangerous goods, and the establishment of regulatory authority in relation to appeals and reviews of any decision in respect of those clearances; (c) the creation of a choice of instruments - regulations, security measures and interim orders - to govern security in relation to dangerous goods; (d) the use of industry emergency response assistance plans approved by Transport Canada to respond to an actual or apprehended release of dangerous goods during their transportation; (e) the establishment of regulatory authority to require that dangerous goods be tracked during transport or reported if lost or stolen; (f) clarification of the Act to ensure that it is applicable uniformly throughout Canada, including to local works and undertakings; (g) reinforcement and strengthening of the Emergency Response Assistance Plan Program; and (h) authority for inspectors to inspect any place in which standardized means of containment are being manufactured, repaired or tested.

Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): SOR/2009-121 clarifies and updates the requirements of four Canadian safety standards regarding occupant protection: standards 203 (Driver Impact Protection), 204 (Steering Column Rearward Displacement), 212 (Windshield Mounting) and 219 (Windshield Zone Intrusion)and further aligns these Canadian requirements with those of the United States. SOR/2009-122 amends section 202 (Head Restraints) of Schedule IV to provide improved protection from neck injuries during collisions. SOR/2008-229 s.s. 3(2) - (5) are in force amends s. 500 by introducing requirements for a slow-moving vehicle emblem to be permanently marked on low-speed vehicles.

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

Commercial Vehicle Certificate And Insurance Regulation (Traffic Safety Act): Alta. Reg. 121/2009 amends the regulation to reflect the creation of the new Commercial Vehicle Safety Regulation. Section 18 (Exceptional transportation of passengers) has been repealed. Section 26.1 (Passenger hazard insurance for school bus) has been added.

Commercial Vehicle Dimension and Weight Regulation (Traffic Safety Act): Alta. Reg. 121/2009 amends the regulation. Amongst other changes, section 13 (Licence of occupation road) has been repealed and replaced.

Oil Sands Conservation Regulation (Oil Sands Conservation Act): Alta. Reg. 93/2009 amends the regulation to reference Directive 074 (Tailings Performance Criteria and Requirements for Oil Sands Mining Schemes). Sections 24.1 (Storage and disposal), 28.1 (Dedicated disposal area plan) and 32.1 (Other reports) have been added and section 47 (In situ scheme reports) has been repealed and replaced.

Pressure Welders Regulation (Safety Codes Act): Alta. Reg. 79/2009 amends the regulation by repealing and replacing section 12 (Grade C equivalents) and parts of sections 8 (Expiry dates), 9 (Qualifications, Examinations and Equivalencies), 10 (Grade C certificate examination) and 21. Section 9.1 (Grade C equivalents) has been added.

Forest Act: S.B.C. 2007, c. 36 is in force so far as the Forest Act is concerned. Amendments have been made throughout the act to reflect the powers of first nation governmental bodies. Sections of S.B.C. 2007, c. 18 are now in force and amend the act to add a definition for "allowable annual cut available" as well as consequential amendments which reflect the addition of this definition. Section 8.1 (Adjusting the allowable annual cut) has been added to the Act. Section 151 is amended to add subsections 1(a.1) and (a.2). Sections of S.B.C. 2008, c. 20 (Greenhouse Gas Reduction (Emission Standards) Statues Amendment Act, 2008) are now in force. S.B.C. 2009, c. 8 amends the act to eliminate community forest pilot agreements, long-term community forest agreements and probationary community forest agreements. Amendments throughout reflect this. Sections 43.41 (Transition for community forest pilot agreements and probationary community forest agreements), 46.2 (Consolidation of woodlot licenses) and 75.61 (Reconciliation of cut control for woodlot licenses) have been added to the act.

Motor Vehicle Act: S.B.C. 2007, c. 36 is in force so far as the Motor Vehicle Act is concerned. Amendments have been made throughout the act to reflect the powers of first nation governmental bodies. Sections of S.B.C. 2009, c. 2 are now in force. In addition to other provisions, section 25.01 (Retention or seizure of records) has been added to the act. Other sections are amended to deal with licenses that indicate Canadian citizenship. Section 26.1 has been amended to allow the Insurance Corporation of British Columbia to cancel a driver's licence where fraud has been used in the application for a license.

Workers' Compensation Act: S.B.C. 2009, c. 7 amends sections 6.1 and the definition for "occupational disease" to include primary site lung cancer as an occupational disease for firefighters. A previous transitional section has been repealed and a new transitional section (Transition - Workers Compensation Act - occupational disease presumptions for firefighters) has been added to the act.

Highway Traffic Act: S.M. 2009, c. 9 amends the act to include automatic licence suspensions for alcohol-related driving offences which were recently added to the Criminal Code.

Waste Reduction and Prevention (WRAP) Act: S.M. 2009, c. 26 amends the Act to add a definition for WRARS levy as well as sections 14.1 (WRARS levy) and 14.2 (WRARS fund).

Workers' Compensation Act: S.M. 2009, c. 14 amends the subsection 4(5.2) act to include primary site esophageal and testicular cancer as presumed occupational diseases caused by employment as a firefighter.

Workers' Compensation Act: 2009, c. 12 corrects inconsistencies in subsections 65(15) (French), 147(2)(c), the title of Part 8 and repeals ss. 177 - 179 and the schedule.

Territorial Parks Regulations: R-050-2009 makes several amendments regarding extended stay campsite permits, commercial use and picnic shelter permits and updates the forms and fees in schedules C and D.

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.

Fire Prevention Act: S.P.E.I. 2009, c. 73 amends the Act to reflect a departmental reorganization which establishes the Department of Environment, Energy and Forestry.

Natural Areas Protection Act: S.P.E.I. 2009, c. 73 amends the Act to reflect a departmental reorganization which establishes the Department of Environment, Energy and Forestry.

Pesticides Control Act: S.P.E.I. 2009, c. 73 amends the Act to reflect a departmental reorganization which establishes the Department of Environment, Energy and Forestry.

Workers Compensation Act: S.P.E.I. 2009, c. 73 amends the Act to reflect a departmental reorganization which establishes the Department of Communities, Cultural Affairs and Labour.

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 the applicable percentages for the purposes of levying the assessment on employers personally liable for the payment of benefits for 2010 (Act respecting industrial accidents and occupational diseases): Draft regulations are found in the Gazette officielle du Qu�bec, July 8, 2009, p. 1943.

Regulation respecting the table of gross annual income from suitable employments for 2010 (Act respecting industrial accidents and occupational diseases): Draft regulations are found in the Gazette officielle du Qu�bec, July 8, 2009, p. 1944.

Regulation respecting the table of income replacement indemnities payable under the Act respecting industrial accidents and occupational diseases and of indemnities payable under the Workers' Compensation Act for 2010 (Act respecting industrial accidents and occupational diseases; Workers' Compensation Act): Draft regulations are found in the Gazette officielle du Qu�bec, July 8, 2009, p. 1945.

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 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 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 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 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 to amend the Safety Code for the Construction Industry (An Act respecting occupational health and safety): Proposed amendments are found in the Gazette officielle du Qu�bec, July 8, 2009, p. 2080.

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

An Act respecting industrial accidents and occupational diseases: 2009, c. 19, ss. 1-6, 8-11 and 28 are now in force which adds ss. 81.1 and 101.1, makes monetary adjustments to ss. 100, 110, and 111, amends s. 315 regarding payment of employer assessments, and changes the heading to schedule III.

Highway Safety Code: 2007, c. 40, s. 67 is now in force which adds s. 519.46.1 regarding fines for heavy vehicles not being equipped with properly working speed limiters.

Pipelines Act, 1998: S.S. 2009, c. 24 amends ss. 2, 7, 14, 22 and 26 to change the wording from "department" to "ministry" and update the definition of "pipeline" in subsection 2(j).

Traffic Safety Act: S.S. 2009, c. 2 amends s. 238 (emergency vehicles) and s. 287 (regulations) regarding how emergency vehicles are to be operated. S.S. 2009, c. 30 amends s. 203 relating to warning lights on highway equipment. S.S. 2009, c. S-46.002 amends subsection 186(3)(b) regarding cases where money or motor vehicles are forfeited.

Workers' Compensation Act, 1979: S.S. 2009, c. 17 is in force which amends ss. 165 and 181 and adds s. 165.1 regarding enforcement of maintenance orders.

Occupational Health and Safety Regulations, 1996 (Occupational Health and Safety Act, 1993): Sask. Reg. 54/2009 amends Sask. Reg. 109/2009 by replacing subsection 77(4) of the regulations regarding smoking in enclosed work-related areas.

Canadian Standards Association Standards / Association canadienne de normalisation - Normes

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