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Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of June under which they were made (Governing Act).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

Aviation Occupational Safety and Health Regulations (Canada Labour Code Part II): Proposed amendments are found in the Canada Gazette, Part I, September 19, 2009, p. 2749.

Benzene in Gasoline Regulations (Miscellaneous Program) (Canadian Environmental Protection Act, 1999): Proposed amendments are found in the Canada Gazette, Part I, August 8, 2009, p. 2330.

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.

Maritime Occupational Health and Safety Regulations (Canada Labour Code Part II): Proposed replacement regulations for the Marine Occupational Safety and Health Regulations are found in the Canada Gazette, Part I, August 22, 2009, p. 2535.

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.

National Energy Board Cost Recovery Regulations (National Energy Board Act): Proposed amendments are found in the Canada Gazette, Part I, August 8, 2009, p. 2363.

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.

Arctic Waters Pollution Prevention Act: 2009, c. 11 is now in force which amends the definition "arctic waters" in s. 2 to extend the geographic application of the Act to the outer limit of the exclusive economic zone of Canada north of the 60th parallel of north latitude.

Energy Efficiency Act: 2009, c. 8 adds s. 2.1 and amends ss. 4, 5, 7, 8, 20, 36 and 37 to clarify that classes of energy-using products may be established based on their common energy-consuming characteristics, the intended use of the products or the conditions under which the products are normally used; specify requirements for shipment or importation of energy-using products and broaden the scope of labelling provisions and the Minister's report.

Hazardous Products Act: SOR/2009-180 replaces item 20.1 of Part II of Schedule 1 of the act regarding glazed ceramics and glassware. SOR/2009-192 repeals item 33 of Part I of Schedule 1 and adds item 47 regarding residential detectors to Part II of Schedule I.

Glazed Ceramics and Glassware Regulations (Hazardous Products Act): SOR/2009-179 amends the definition of product in s. 1 and replaces s. 2 regarding authorization of advertising, selling and importing.

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

Coal Conservation Act: S.A. 2009, c. 20 amends the act by adding subsections 24(3) and 29(4) to outline when authorization of the Lieutenant Governor in Council is not required under these sections.

Energy Resources Conservation Act: S.A. 2009, c. 20 amends section 27.2 to add a definition for "coal project" and references to coal projects throughout the section.

Oil and Gas Conservation Act: S.A. 2009, c. 20 amends the act to add a definition for "large facility" as well as definitions for "defaulting licensee" and "well" to section 68. Section 10 is amended to allow the board to make regulations exempting pipelines and wells from application of Part 11. Sections 26.1 (Security deposit), 31.1 (Deemed licensee), 76.1 (Special orphan fund levy) have been added to the act. Section 70 has been amended to deal with large facilities. Sections 73 and 74 has been amended to deal with orphan fund levies and large facilities.

Oil Sands Conservation Act: S.A. 2009, c. 20 amends section 13 of the act to outline when authorization of the Lieutenant Governor in Council is not required. .

Traffic Safety Act: S.A. 2009, c. 35 is partly in force. A definition for 'intersection safety device" has been added to the act. Driver examiners, driving instructors and operators of a driver training school have been added as regulated persons under section 143. Subsection 64(c.1) has been added to allow the minister the power to make regulations relating to the conduct of driver examiners, driving instructors and the operation of driver training schools.

Workers' Compensation Act: S.A. 2009, c. A-31.5 is partly in force and amends the act to add subsections 5(6.1) - (8).

Alberta Ambient Air Quality Objectives and Guidelines (June 2009) has been updated to reflect the latest air quality guidelines. Air quality objectives exist for more than 30 substances that may be released to the atmosphere.

Occupational Health and Safety Regulation (Workers Compensation Act): The 2010 Proposed Amendments for Consultation are to be found on the Worksafe BC website. Consultation period ends 4:30 pm Friday, December 18, 2009.

Forest Act: S.M. 2009, c. 5 is partly in force. Section 15.1 (No commercial timber cutting rights in parks) has been added to the act.

Highway Traffic Act: S.M. 2009, c. 36 is now in force where the Highway Traffic Act is concerned. In addition to other amendments, sections 273.2 (Registrar to refuse service to person in default) and 273.5 (Action where person does not have notice) have been repealed and replaced. Sections 334 - 334.2 have been repealed.

Planning Districts Regulation (Planning Act): Man. Reg. 115/2009 amends the regulation to add section 1.1 (Planning districts established) and Schedule B. The schedule is renamed Schedule A.

Motor Vehicle Act: S.N.B. 2009, c. 4 is now in force amending subsections 29(1), 31(1) and adding s. 39.2 regarding seasonal vehicles.

General Regulation (Motor Vehicle Act): N.B. Reg. 2009-77 amends subsection 4(1) and adds s. 4.1 regarding seasonal vehicles.

Highway Traffic Act: S.N.L. 2008, c. 57 amends the act to repeal and replace the definition for "resident". Sections, 60.1, 60.4 and 60.5 amends the act to reflect changes to the Criminal code and provide suspensions for driving when impaired by drugs or alcohol. As a consequence, paragraph 195(1)(u.2) has been repealed and replaced. The addition of section 110.1 (Speed Limit) creates a separate offence for speeding in a construction zone. Amendments to the schedule have been as a result of this addition. S.N.L. 2009, c. 15.01 amends the Act to repeal and replace section 13.1 (Interjurisdictional carrier registration under the Revenue Administration Act) and references to the Sales Tax Act have been replaced by the references to the Revenue Administration Act.

Workplace Health, Safety and Compensation Act: S.N.L. 2009, c. 7 amends the section 4 of the act change the composition of the Board of Directors. Section 20.2 is amended to extend the duties of the Commission in line with the Occupational Health and Safety Act. Section 30 has been repealed and replaced to align the reporting requirements with the Transparency and Accountability Act. Section 89.1 has been amended to make commencement, of the 2 year re-employment obligation period, the date of disability rather than the date of injury.

Carrier Safety Regulations (Highway Traffic Act): N.L.R. 45/09 amends the Schedule to reference Highway Traffic Act provisions 110.1(4) and 187.1(2).

Food Premises (Food and Drug Act): N.L.R. 69/09 amends the regulation to repeal subsection 5(5).

Seabird Ecological Reserve Regulations (Wilderness and Ecological Reserves Act): N.L.R 60/09 amends the regulation to identify and regulate the Lawn Islands Archipelago Provisional Ecological Reserve. Section 4.1 (Migratory game bird hunting permitted) has been added to the regulation in addition to other amendments.

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.

Coroners Act: S.O. 2009, c. 15 amends the Act to add definitions for "Chief Forensic Pathologist", "Deputy Chief Coroner", "Deputy Chief Forensic Pathologist", "forensic pathologist", "Oversight Council", "pathologist", "pathologists register" and "tissue". In addition to several other amendments, section 6 has been repealed and replaced to establish the Ontario Forensic Pathology Service. Section 7 (Chief Forensic Pathologist and Deputies) amends the act to require Chief Forensic Pathologists and Deputy Chief Forensic Pathologists be trained in forensic pathology. Section 7.1 has been added to require a register of authorized pathologists. Section 8 establishes a Death Investigation oversight Council and section 8.1 has been added to outline situations where this council would provide advice. Section 8.2 requires the formation of a complaints committee and section 8.4 sets out the complaints process. Section 15 is repealed and replaced to expand the scope of a coroner's investigation. Sections 28 and 29 are repealed and replaced to clarify the roles of coroners and pathologists respecting post mortem examinations.

Highway Traffic Act: S.O. 2009, c. 5 is now partly in force. Along with several housekeeping amendments, it amends sections 48 - 48.3. These amendments deal with suspensions and other consequences for having various concentrations of blood alcohol while driving and for failing to provide breath samples when requested. Subsections 62(17) and (62) have been repealed and replaced and outline lamp requirements for vehicles including bicycles. In section 144, the definition for "emergency vehicle" has been repealed and replaced.

General (Mandatory Blood Testing Act): O. Reg. 218/09 amends section 3 (Additional persons who can apply under the Act) of the regulation.

General (Pesticides Act): O. Reg. 279/09 amends the table in section 4 (Minister's designate to classify pesticides) to update the classification and criteria of pesticides. Section 15 (Exception, attachment of molluscs to works) has been repealed and replaced. Section 29 (Specified sports fields) has been amended to require written ministerial approval for limited use of pesticides for events. Other amendments allow the minister to place restrictions on pesticide use for events. As well, for approval the use must be necessary and in the public interest. Amendments have been made to the table in section 98 (Prohibition, sale and transfer).

General (Smoke-Free Ontario Act): O. Reg. 279/09 amends the regulation by repealing and replacing section 13 (Covered and partially covered restaurant and bar patios).

Seat Belt Assemblies (Highway Traffic Act): O. Reg. 236/09 amends the regulation by adding section 6.1. Subsections 8 and 8.1 have been amended. These changes deal primarily with restraint systems for infants with special needs and child booster seats.

X-Ray Safety Code (Health Arts Radiation Protection Act): O. Reg. 242/09 amends the regulation to repeal subsection 4(2) and amend subsection 4(3).

Highway Traffic Act: S.P.E.I. 2009, c. 74 amends the act to remove regulatory power respecting screening methods used for analysing breath samples. Instead, screening devices approved by the federal Criminal Code will be used. Section 73 is amended to require a licence cannot be reinstated after certain convictions, under the Criminal Code, unless the licencee has completed an addiction or consumption management program. In addition an alcohol ignition interlock device will be required for a year following the reinstatement. Section 227.1 is amended to replace current readings in breathalyser devices with requirements that they reference the number milligrams of alcohol in 100 milligrams of blood. As well, a 24 hour suspension will be imposed where drivers, who are neither under the age of 19 nor graduated drivers, are found to have a blood alcohol count exceeding 100 milligrams alcohol in 100 millilitres of blood. Section 297 is repealed because the requirement for drivers to provide breath samples upon request is located elsewhere in the act. Section 277.9 is amended and deals with the suspension of the driver's licenses of graduated drivers and drivers who are under the age of 19 years. Section 312 is amended to authorize the creation of regulations prescribing the form and content of notices for suspensions under of drivers.

Vehicle Standards Regulation (Highway Traffic Act): EC2009-428 amends the title of the regulation from "CSA Standards Regulation" to "Vehicle Standards Regulation". Section 3 is amended to require mobile homes and recreation vehicles sold and used in Prince Edward Island meet United States Recreational Vehicle Industry Association Certification Standards or CSA standards.

Waste Resource Management Regulations (Environmental Protection Act): EC2009-253 amends the regulation to repeal and replace section 60 (Application for approval) and add section 60.1 (Design requirements or constraints). The Minister may impose requirements or constraints on the construction and operation of a C& D disposal site. Section 62 (C & D disposal site requirements) has been replaced and outlines the requirements of sites that were constructed before and after April 18, 2009. The minimum distance of separation between active disposal areas and other specified sites, such as playgrounds, churches and schools, has also been outlined.

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. Proposed amendments are found in the Gazette officielle du Qu�bec, August 19, 2009, p. 2941.

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

Environment Quality Act: 2009, c. 21, subsections 22(1), (2.5) and (4) are now in force amending s. 46 of the Act regarding documents and information required to make a water withdrawal and standards relating to equipment and devices for measuring quantity and quality of water.

Fire Safety Act: 2009, c. 26 is now in force which replaces s. 24 of the act regarding fire safety cover plans.

Highway Safety Code: 2009, c. 26, s. 26 is now in force which amends s. 648.2 of the act regarding the collection of fees.

Canadian Standards Association Standards / Association canadienne de normalisation - Normes

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