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 December 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 October and December 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Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of June under which they were made (Governing Act).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. Proposed amendments to add toxic substances to Schedule 1 are found in Canada Gazette, Part I, Oct. 3, 2009, pp. 3006, 3017 and 3026.

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.

Fire and Boat Drills Regulations (Canada Shipping Act, 2001): Proposed regulations are found in the Canada Gazette, Part I, Oct. 10, 2009, p. 3081.

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.

PCB Regulations (Canadian Environmental Protection Act, 1999). Proposed amendments are found in the Canada Gazette, Part I, September 26, 2009, p. 2915.

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.

Canada Labour Code (Part I): 2005, c. 47, s. 136 is now in forceamending s. 67 of the Canada Labour Code regarding the term of collective agreements.

Canada National Parks Act: 2009, c. 17 is now in force (except subsection 7(2)) amending the Act to enlarge Nahanni National Park Reserve of Canada while accommodating certain third party interests in the expansion area. The description of the Reserve is replaced in the schedule.

Canadian Environmental Protection Act, 1999: 2008, c. 31 is now in force allowing implementation of regulations requiring five per cent average renewable content in gasoline by 2010. It also provides for a periodic and comprehensive review of the environmental and economic aspects of biofuel production in Canada by a Committee of Parliament.

Marine Liability Act: 2009, c. 21, ss. 1-10, 12, and 14-16 are now in force making amendments to Parts 3 and 4 as well as the new maritime lien for ship suppliers.

Consumer Chemicals and Containers Regulations, 2001 (Hazardous Products Act): SOR/2009-165 clarifies certain regulatory requirements to facilitate compliance and enforcement and corrects editorial errors and inconsistencies.

Domestic Substances List (Canadian Environmental Protection Act, 1999): SOR/2009-236 deletes two substances from Part 1 and adds two substances to Part 2. SOR/2009-237 deletes five substances from Part 1 and adds five substances to Part 2. SOR/2009-238 deletes six substances from Part 1 and adds six substances to Part 2. SOR/2009-253 adds six substances to Part 1 and adds one substance to Part 2, adds ten substances to Part 3 and adds two substances to Part 4. SOR/2009-254 deletes one substance from Part 1 and adds one substance to Part 2.

Explosives Regulations(Explosives Act): SOR/2009-125 amends the explosives user fees which were set in 1993. Forms are also updated.

Regulations Respecting Applications for Permits for Disposal at Sea(Canadian Environmental Protection Act, 1999): SOR/2009-252 amends box 19 of Part B of the form entitled "PERMIT APPLICATION (DISPOSAL AT SEA)" to align the English and French versions of the regulation. It also repeals the list of addresses at the end of the permit application form in the schedule. The addresses will be made available on Environment Canada's Disposal at Sea Program Web site at www.ec.gc.ca/ seadisposal/.

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

Dangerous goods Transportation and Handling Act): S.A. 2009, c. 26 updates the act to reference the Alberta Human Rights Act. http://www.ccohs.ca/legislation/documents/alta/abedgt/abadgte0.xml

Electrical Code Regulation (Safety Codes Act): Alta. Reg. 178/2009 amends the regulation to update the reference to the Canadian Electrical Code in section 3.

Paint and Paint Container Designation Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 194/2009 amends the regulation to update the surcharges listed in section 3 (Maximum advance disposal surcharge).

Use of Highway and Rules of the Road Regulation (Traffic Safety Act): Alta. Reg. 152/2009 amends the definitions for "moped" and "power bicycle". References have been updated to reflect the new Vehicle Equipment Regulation. Section 49 (Stationary non-commercial vehicles) has been repealed and replaced and sections 49.1 (Stationary commercial vehicles), 55.1 (Daytime running lamps), 55.2 (Authorized lamps) and 113.1 (Expiry) have been added.

Vehicle Equipment Regulation (Traffic Safety Act): Alta. Reg. 165/2009 amends the regulation to add a section 79.1 concerning armoured vehicles.

Waiver Regulation (Public Health Act): Alta. Reg. 188/2009 amends the regulation to update references in section 1 (List of regulations that may be waived or mitigated against by request). Section 8 (Delegation not authorized) has been repealed.

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.

Electrical Safety Regulation (Safety Standards Act): B.C. Reg. 134/2009 amends the regulation to add section 3.2 (Relation to the Safety Standards General Regulation).

Elevating Devices Safety Regulation (Safety Standards Act): B.C. Reg. 134/2009 amends the regulation to add section 2.1 (Relation to the Safety Standards General Regulation).

Safety Standards General Regulation (Safety Standards Act): B.C. Reg. 134/2009 amends the regulation to add section 2.1 (Applicants with credentials from elsewhere in Canada).

Occupational Health and Safety Act: S.N.L. 2009, c. 19 is now in force, amending the act to add a definition for supervisor in section 2 and sections 5.1 (Supervisors' general duty) and section 5.2 (Specific duties of supervisors).

General Sanitation Regulations (Public Health Act): R-107-2009 amends the wording in various sections by replacing "Medical Health Officer" and "Health Officer" with "Chief Public Health Officer" and "incorporated municipality with "municipal corporation".

Pesticide Regulations (Pesticide Act): R-110-2009 makes minor amendments to wording and aligns the English and French versions.

Public Sewerage Systems Regulations (Public Health Act): R-099-2009 amends the wording in various sections by replacing "Chief Medical Officer" with "Chief Public Health Officer".

Territorial Parks Regulations (Territorial Parks Act): R-103-2009 amends s. 25 by replacing "Health Officer" with "public health officer".

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.

General (Toxic Reduction Act, 2009, 2009, c. 19): This is a proposed regulation under the Toxic Reduction Act, 2009.

Highway Traffic Act: Highway Traffic Act: S.O. 2009, c. 4 is now in force. Section 78 (Display screen visible to driver prohibited) has been repealed and replaced and Section 78.1 (Hand-held devices prohibited) added to the act. These amendments prohibit the use of handheld electronic devices, such as cellular phones and the use of visible display screens while driving. An exemption is provided for devices used in hands-free modes. S.O. 2009, c. 5 is now partly in force. Definitions for "bicycle" and "motor vehicle" have been repealed and replaced and definition for "power-assisted bicycle" has been added. Section 38 (Minimum age to driver motor-assisted, power-assisted bicycle) has been repealed and replaced. Section 103.1 (Power-assisted bicycles)_has been added to the act. Other amendments have been made to incorporate the regulation of power-assisted bicycles.

Smoke-free Places Act: S.P.E.I 2009, c. 86 is amended to repeal and replace definitions for "designated smoking area", "designated smoking room", "long-term care facility", "public place" and "workplace" and add ones for "motor vehicle" and "patio". Amendment to section 4 makes it prohibited to smoke in vehicles with passengers under the age of 19. Section 5 is repealed removing exemptions for long term care facilities .Section 8 is amended to prohibit designated smoking rooms in a public places and workplaces, as well as designated outdoor smoking areas in certain locations, such as schools and hospitals. Section 11 (Employees not required to work in designated smoking room) has been amended, as a consequence of the amendments mentioned.

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

Regulation respecting accident reports (Highway Safety Code): Proposed amendments are found in the Gazette officielle du Qu�bec, Oct. 14, 2009, p. 3504.

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 occupational health and safety and the Safety Code for the Construction Industry (An Act respecting occupational health and safety; An Act respecting industrial accidents and occupational diseases): Proposed amendments are found in the Gazette officielle du Qu�bec, October 22, 2008, No. 43, p. 5029.

Regulation respecting occupational health and safety in mines (Act respecting occupational health and safety): Proposed amendments are found in the Gazette officielle du Qu�bec, Sept. 30, 2009, p. 3437.

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 implementation of the provisions relating to industrial accidents and occupational diseases contained in the Agreement on Social Security between the Gouvernement du Qu�bec and the Government of the Kingdom of Belgium (Act respecting occupational health and safety): Draft regulation is found in the Gazette officielle du Qu�bec, Oct. 28, 2009, p. 3581.

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 plant species and their habitats Act respecting threatened or vulnerable species): Proposed amendments are found in the Gazette officielle du Qu�bec, Sept. 2, 2009, p. 3241.

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 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.

Saskatchewan Fire Code Regulations (Fire Prevention Act, 1992): Sask. Reg. 86/2009 amends subsections 2(1)(e) and 3(1) to make reference to the National Fire Code of Canada 2005.

Canadian Standards Association Standards / Association canadienne de normalisation - Normes

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