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 2008. 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 2008. 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Lists documents repealed by the respective jurisdictions and removed from the Canadian enviroOSH Legislation series as of June under which they were made (Governing Act).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 2008-4 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.

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.

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 may be found in the Canada Gazette, Part I, October 25, 2008, p. 2860.

Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): Proposed amendments of section 12 regarding the importation of a vehicle purchased in the United States are found in the Canada Gazette, Part I, December 1, 2007, p. 3366. Proposed amendments regarding low speed vehicles are found in the Canada Gazette, Part I, December 22, 2007, p. 3545. 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.

Non-smokers' Health Regulations (Non-smokers' Health Act): Proposed amendments may be found in the Canada Gazette, Part I, June 16, 2007, p. 1702.

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.

Phosphorus Concentration Regulations (Canadian Environmental Protection Act, 1999). Proposed amendments are found in the Canada Gazette, Part I, June 28, 2008, p. 1999.

Port Authorities Operations Regulations (Canada Marine Act): Proposed amendments are found in the Canada Gazette, Part I, EXTRA Vol. 141, No. 1, 2007.

Virtual Elimination List (Canadian Environmental Protection Act, 1999): Proposals to add perfluorooctane and its salts to the regulation are found in the Canada Gazette, Part I, September 6, 2008, p. 2587.

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, April 26, 2008, p. 1257.

Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, April 26, 2008, p. 1295.

Volatile Organic Compound (VOC) Concentration Limits for Certain Products Regulations (Canadian Environmental Protection Act, 1999): Proposed regulations are found in the Canada Gazette, Part I, April 26, 2008, p. 1326.

Canada Marine Act: 2008, c. 21 (Bill C-23) amendments are now in force. Section 3 (Purpose of the Act) has been amended. Definitions for goods, fees, port authority, port facility have been amended. Sections 13.1 (Directors), 25.1 (Contribution), 30.1 (Borrowing policy), 45.1 (Acquisition of real property and immovables) 129.01 - 129.19 (Administrative Monetary Penalties) have been added to the act. These amendments adds a penalty scheme and streamlines other enforcement. Sections 25 (No appropriation), 39 (Business plan), 53 (Fees by contract), 73 (Navigable Waters Protection Act), 101 (Navigable Waters Protection Act) have been repealed and replaced. Other amendments have been made to add provisions regarding port amalgamation and modify a port authority's access to a federal funding. These amendments also modify the means of appointing Directors of port authorities adds regulatory powers to the Governor in Council.

Explosives Act: As a consequential amendment of 2004, c. 15, some sections are in force which implement the Organization of American States Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials as it relates to explosives and ammunition. It prohibits the illicit manufacturing of explosives, and illicit trafficking in explosives. It allows for increased control over the importation, exportation, transportation through Canada, acquisition, possession and sale of explosives and certain components of explosives, and provides increased penalties for certain offences.

Hazardous Materials Information Review Act: 2007, c. 7 is now proclaimed in force. The amendments: (a) allow a claimant to make a declaration that information in respect of which an exemption is claimed is confidential business information and that information substantiating the claim is available and will be provided on request; (b) allow a claimant to give an undertaking to the Hazardous Materials Information Review Commission to bring a material safety data sheet or a label into compliance with the provisions of the Hazardous Products Act or of the Canada Labour Code; and (c) allow the limited participation of the Commission before an appeal board. See sections 11, 16.1 (new), 17, 18, 20, 23, and 48.

Hazardous Products Act: SOR/2008-230 replaces item 34 (lighters) of Part II of Schedule I.

Canada Occupational Health and Safety Regulations (Canada Labour Code, Part II): SOR/2008- 276 repeals paragraph 1(c) of Schedule IV (Part VI). This eliminates the provision prescribing a maximum level of lighting for air traffic control areas.

Collision Regulations (Canada Shipping Act, 2001): Changes are made to sections 2 (Interpretation - definitions), 3 (Application), 4 (Compliance), 5 (Proof of compliance - Lights, shapes, sound-signalling appliances and radar reflectors, 6 (Standards - Lights, shapes, sound-signalling appliances and radar reflectors), 7 (Notices to mariners and notices to shipping), and Schedule 1 (International regulations for preventing collisions at sea, 1972, with Canadian modifications).

Exclusion List Regulations, 2007 (Canadian Environmental Assessment Act): SOR/2008-259 amends Schedules 1 and 2 by adding newly excluded projects involving physical works that have been shown to cause insignificant environmental effects based on the results of previous environmental assessments; and modifying certain existing provisions to correct discrepancies between the English and French text, to clarify their scope, or to correct errors.

Hazardous Materials Information Review Regulations (Hazardous Materials Information Review Act): SOR/2008-261 amendments are in regard to the manner of filing a claim for exemption, the information to be contained in a claim, and the information substantiating a claim. See sections 8, 8.1, 9, and 11.2.

Motor Vehicle Tire Safety Regulations (Motor Vehicle Safety Act): SOR/2008-258 amendments include replacing paragraph 7(2)(a) (tire information), paragraphs 8(1)(d) and 14(2)(a) & (b) (tire identification), replacing Schedule III (tire identification number), adding item 10.1 to Table II of Schedule IV (inflation pressure).

National Energy Board Processing Plant Regulations (National Energy Board Act): SOR/2008-270 adds new provisions which require companies to apply to the Board for approval whenever those companies undertake work which will result in the permanent cessation of the operation of a processing plant, or part of one, but where there will be no resulting discontinuance of service. See sections 42, 43, and 43.1.

Onshore Pipeline Regulations, 1999 (National Energy Board Act): SOR/2008-269 adds provisions which require companies to apply to the Board for approval whenever those companies undertake work which will result in the permanent cessation of the operation of a pipeline or part of one, but where there will be no resulting discontinuance of service. See sections 44, 45, 45.1, 50, and 56.

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Public Health Act: As a consequential amendment of 2007, c. C-10.5 now proclaimed in force, the definitions of "institution" and "school" in section 1 are amended; subsection 66(1)(i) is amended.

Pressure Equipment Safety Regulation (Safety Codes Act): Alta. Reg. 150/2008 amendments provide that the regulation does not apply to a piping system that is subject to CSA standard Z7396.1 (see section 3(b); change section 6 to refer to a newer version of CSA standard Z662 and add a reference to the ASME Boiler and Pressure Vessel Code.

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Forest Act: Some sections of 2008, c. 4 (Bill 8) are now proclaimed in force amending various sections to delete references to agreements "in the form of". A section of 2008, c. 20 (Bill 31) now proclaimed in force repeals subsection 47.6(2)(a) and makes a minor change to subsection 47.6(2.2).

Motor Vehicle Act: Sections of 2007, c. 14 are now in force. Under subsection 83(2.1), vehicles owners are liable for parking violations. Under 2008, c. 42 Part 8 (Police Accident Reports) and subsection 210(11) have been added and are in force. Section 67 and subsections 183(10) - (13) have been repealed. Subsections 68(1)(c) and 183(9)(c) have been amended.

Passenger Transportation Act: S.B.C. 2008, c. 30 (Bill 33) amends the Act by repealing subsections 32(3), 36(3)(a)(iii) and 37(2)(c). Subsections 32.(1.1) , 34(7.1), 46(1.1), 57(c.1) and (g.1) have been added. Sections and subsections 30, 31(3)(b), 33, 34, 36(3), 37(2), 42, 43(a), 44, 46(1)(c), 47(4), 57 and 59(2) is amended by the act. Section 45 (Duty of licensee when ceasing operation of commercial passenger vehicle), is repealed and replaced.

Petroleum and Natural Gas Act: S.B.C. 2008, c. 36 (Bill 20) amends definitions for 'licence', 'storage reservoir', 'storage well', 'test hole', 'unitized operation', 'well' and 'zone'. Sections and subsections 50(2), 85(c), 96(1)(g), 101 - 104, 114(1), 121(1), 122(1) and 133 have been amended and are now in force. Subsection 86(e)(i.1) has been added to the Act.

Forest Planning and Practices Regulation (Forest and Range Practices Act): B.C. Reg. 182/2008 amends the regulation by adding definitions for 'adequate stocking density', 'suitable secondary structure' and 'targeted pine leading stand' in section 1. Sections 12.21 (Conditional exemption - section 43.1), 43.1 (Secondary structure retention in mountain pine beetle affected stands), 43.2 (Chief forester may designate timber supply areas or tree farm licence areas) and section 1.1 of Schedule 1 (Factors relating to objectives set by government for timber) have been added.

Passenger Transportation Regulation (Passenger Transportation Act): B.C. Reg. 192/2008 amends sections 13, 14, 17, 18 and 24. Section 19 (How special authorization vehicle identifiers and vehicle identification certificates are to be returned) has been repealed and replaced.

Wildfire Regulation (Wildfire Act): B.C. Reg. 213/2008 amends the regulation by repealing and replacing the definition for 'fire suppression system'. Definition for 'high risk activity' is amended. Sections 4, 6, 7 and 9 are amended.

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Environment Act: S.M. 2008, c. 39 (Bill 17) adds section 40.1 (prohibition of pig livestock areas and pig manure storage facilities) and a related schedule. Section 41 is also amended.

Manitoba Building Code (Buildings and Mobile Homes Act): The remainder of Man. Reg. 4/2008 is in force October 1, 2008, regarding storage garages (sentence 9.10.9.16(3) and subsection 9.10.19A.); the first row of Table 9.25.5.2. is replaced.

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Fire Extinguisher Servicing Regulation (Fire Prevention Act): Amendment 2008-75 in force 01/01/09 is found in the Gazette of New Brunswick, July 2, 2008, p. 1150.

Fire Prevention and Inspection Regulation (Fire Prevention Act): Amendments 2008-71 & 2008-73 in force 01/01/09 are found in the Gazette of New Brunswick, July 2, 2008, p. 1147.

Plumbing Licensing and Inspection Regulation (Plumbing Installation and Inspection Act): Amendment 2008-76 in force 01/01/09 is found in the Gazette of New Brunswick, July 2, 2008, p. 1154.

Smoke Alarms and Smoke Detectors Regulation (Fire Prevention Act): Amendment 2008-74 in force 01/01/09 is found in the Gazette of New Brunswick, July 2, 2008, p. 1148.

Motor Vehicle Act: Sections of 2007, c. 44 are now proclaimed in force, including provisions for field sobriety tests (section 310.001) and a police officer's authority to stop (section 310.002), and sections 310.04 (administrative licence suspension) and 310.05 (review of administrative licence suspension). More sections of 2006, c. 24 are now proclaimed in force replacing subsection 310(1) (probationary licence) and adding sections 310.11 to 310.19 (alcohol ignition interlock device program).

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Environmental Assessment Regulations (Environmental Act):N.S. Reg. 348/2008 amends the act by repealing and replacing Schedule A (Designated Class I and Class II Undertakings). Sections and subsections 4, 7(1), 9(1), 10(3), (4), 11(3), 12, 13, 15(1), 16(1), 18, 19, 20(1), 21(3), 22(2), (3), 26 have been amended. Sections 6, 8, 14, 19(3), (4), 28, 30 and 31 have been repealed. Sections 23 (Public consultation on environmental-assessment reports) has been repealed and replaced. Sections and subsections 4(2), 9(1A), (4), 10(1A), (1B), 13(3), (4), 19A (Notice of terms of reference) have been added to the regulation.

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GOVERNING LEGISLATION: Workers' Compensation Act (Nunavut) (R.S.N.W.T. 1988, c. W-6)

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Amusement Devices (Technical Standards and Safety Act, 2000): Amending regulation O. Reg. 249/08 is in force 01/01/09. See the Ontario Gazette, No. 31, August 2, 2008, p. 2004.

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.

Certification and Training of Elevating Device Mechanics (Technical Standards and Safety Act, 2000): Amending regulation O. Reg. 250/08 is in force 01/01/09. See the Ontario Gazette, No. 31, August 2, 2008, p. 2009.

Elevating Devices (Technical Standards and Safety Act, 2000): Amending regulation O. Reg. 252/08 is in force 01/01/09. See the Ontario Gazette, No. 31, August 2, 2008, p. 2013.

Needle Safety (Occupational Health and Safety Act): Amending regulation O. Reg. 317/08 is in force April 1, 2009. See the Ontario Gazette, Oct. 4, 2008, No. 40, p. 1103.

Health Protection and Promotion Act: The part of 2007, c. 10, Sch. D which adds subsections 7(5) to (7) (adoption of codes by guidelines) is now proclaimed in force.

Electricity Projects (Environmental Assessment Act): O. Reg. 336/08 adds subsection 8(4) (waterpower project).

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Electrical Inspection Act: 2008, c. 11 (Bill 31) amends section 1, 2, and 5 to reference the Canadian Electrical Code as referenced in the regulations under the Act. Section 8 is repealed. Effective November 1, 2008.

Occupational Health and Safety Act General Regulations: EC2007-652 amendments require employers to measure the noise exposure of workers and inform them of the results; reduce noise levels and require hearing protection where the noise exposures exceed the specified exposure limits; ensure workers are given hearing tests if they have a noise exposure that exceeds prescribed limits; maintain records of hearing test results (see sections 8.1 - 8.10) In addi