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12-31-2008, 11:41 AM
This message contains information about amendments to environmental and occupational health & safety-related acts and regulations in Canada. CCOHS keeps track of changes to the legislation as part of the on-going enhancement of our full-text Canadian Environmental and Occupational Health & Safety Legislation databases, available on World Wide Web, DVD and for intranets. This is the list of amendments identified in September 2008. Summaries of the amendments are posted to this list on a monthly basis. If you would like to find out more about CCOHS' enviroOSH Legislation service, contact Inquiries & Client Services by e-mail at clientservices@ccohs.ca or toll-free in Canada and USA at 1-800-668-4284. Information about the service is also available at:http://www.ccohs.ca/products/legisla...gislation.html (http://www.ccohs.ca/products/legislation/legislation.html)
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CANADA
REGULATIONS
Domestic Substances List (Canadian Environmental Protection Act, 1999): SOR/2008-221 adds 9 substances to Part 1, 1 substance to Part 2, 11 substances to Part 3, and 1 substance to Part 4 of the DSL. SOR/2008-242 adds 13 substances to Part 1, 11 substances to Part 3, replaces 5 substances in Part 5, and adds the first substance to Part 6 of the DSL. SOR/2008-290 adds 9 substances to Part 1, replaces 1 substance in Part 3, and adds 8 substances to Part 3 of the DSL. SOR/2008-295 adds 9 substances to Part 1, 1 substance to Part 2, and 8 substances to Part 3 of the DSL.
ALBERTA
ACTS
Public Lands Act: As a consequential amendment of 2006, c. 21, now proclaimed in force, a minor change is made to the definition of "Registrar" in section 1.
MANITOBA
ACTS
Employment Standards Code (C.C.S.M. c. E110): S.M. 2008, c. 42 amends subsection 139(1)(e).
Gas Pipe Line Act (R.S.M. 1987, c. G50): S.M. 2008, c. 42 amends subsections 26(5) and (6).
Ground Water and Water Well Act: (C.C.S. M. c. G110): S.M. 2008, c. 42 amends the definition for "department"; the definition for "director" has been repealed. Subsections 4(1), (2) and 6(a) are amended as a result changes to the definitions. Section 7 (Access to wells and records) is repealed and replaced. Subsection 10(3) has also been amended.
Manitoba Water Services Board Act (C.C.S.M. c. W60): S.M. 2008, c. 42 repeals and replaces the definition for "department" Subsection 12(3) has been amended to replace the phrase 'water branch with 'department'.
Off-Road Vehicles Act (C.C.S.M. c. O31): S.M. 2008, c. 42 updates the definition of 'traffic authority' to reference reorganization of government ministries. Subsections 3(a) and 54.1(1) are amended.
Ozone Depleting Substances Act (C.C.S.M. c. O80): S.M. 2008, c. 42 adds section 7.1
(Presumption re labelling) to the Act .
Planning Act (C.C.S.M. c. P80): S.M. 2008, c. 42 amends subsection 62.1(a) to reference section 5 of The Water Protection Act. Subsection 189(2) is amended.
Water Power Act (C.C.S.M. c. W60): S.M. 2008, c. 42 amends the definition for "department" and the definition for "director" has been repealed. Sections 2, 3, 7, 14 as well as subsections 12(2) and 14(3) are amended.
Water Protection Act (C.C.S.M. c. W65): S.M. 2008, c. 42 repeals section 44, under Part 6 (Consequential Amendments, Repeal and Coming into Force). Part 6, of this Act, has been omitted from the enviroOSH Legislation.
Wildlife Act (C.C.S.M. c. W130): S.M. 2008, c. 42 repeals the meaning of "non-resident alien" and adds a definition for "foreign resident". Section 20 (Prohibitions re protected species) is amended.
Workers' Compensation Act (C.C.S.M. c. W200): S.M. 2008, c. 42 makes minor amendments to sections 71 and 71.2. Subsection 104(3)(b) is amended to read "15 days".
NEW BRUNSWICK
REGULATIONS
First Aid Regulation - Occupational Health and Safety Act (Occupational Health and Safety Act): N.B. Reg. 2008-127 amends the definition for "first-aid provider".
Standards Regulation - Boiler and Pressure Vessel Act (Boiler and Pressure Vessel Act): N.B. Reg. 2008-128 amends Schedule B to reference the 2007 ASME Boiler & Pressure Vessel Code.
Safety Code for Elevating Devices and Amusement Devices - Elevators and Lifts Act (Elevators and Lifts Act): N.B. Reg. 2008-129 amends the regulation by replacing subsection (d) and adding (a.1) to the definition of "Code" in section 1. References to CSA Standard Z98-07, (Passenger ropeways and passenger conveyors) and CSA Standard ASME A17.7-2007/CSA-B44.7-07 (Performance-based safety code for elevators and escalators) have been added to the respective sections.
Watershed Protected Area Designation Order - Clean Water Act: N.B. Reg. 2008-136 replaces paragraphs (r) & (s) of section 6 and (g) of section 7 (regarding Protected Area B) in Schedule B.
Wellfield Protected Area Designation Order - Clean Water Act: N.B. Reg. 2008-137 amends paragraph 7(1)(h) (regarding Zone C) in Schedule B.
ONTARIO
ACTS
Health Protection and Promotion Act: The remainder of Schedule D of 2007, c. 10 is now proclaimed in force. The amendments relate to small drinking-water systems, and include: new section 12.1 (authority of a medical officer of health re small drinking-water systems); replacement of subsections 41(7)-(9); amendment of subsection 96 (regulations); replacement of subsection 102(1).
Highway Traffic Act (R.S.O. 1990, c. H.8): S.O. 2002, c. 18 makes amendments that are now in force. Subsections 17(1), (5) are repealed and replaced and subsections (1.1), (3.1), (3.2), (5.1) and (5.2) are added to the act. Section 17.0.1 (Revocation of CVOR certificate for dishonoured payments) is added to the act. Subsections 22(1)(k) - (l), (3) and subsections 22(1)(d.1) are added to the act. Subsection 22(1)(a) is repealed. S.O. 2008, c. 8 amends the Act by adding section 68.1 (Speed-limiting systems). This imposes the requirement of speed-limiting systems on commercial highway vehicles.
Safe Drinking Water Act: The remainder of 2007, c. 10 is now proclaimed in force. Among other changes: the definition "drinking-water test" is added to section 2; section 18 is amended (duty to report adverse test result); section 18.1 is added (laboratory operator to report adverse test result); section 54 is amended (non-municipal drinking water system).
REGULATIONS
Amusement Devices (Technical Standards and Safety Act, 2000): O. Reg. 249/08 introduces several amendments, including: changes regarding scope of reference where an amusement device, defined by device as opposed to locale, falls under regulation and necessary public safety laws regardless of public accessibility; liability insurance increased to $2M as consistent with minimum insurance conditions under Canadian jurisdiction (see section 5); new incident reporting criteria, conveying owner/licence holder requirements (see section 17); new allowance for contract mechanics, recognizing industry practice (see section 5); amendment of device type
certification, where once a device type is certified, similar type designs are exempt from design review if meeting current code requirements (see section 9); and new operator training log requirement to ensure skills and safety knowledge are kept up-to-date and current (see section 14.1). In force January 1, 2009.
General Regulation (Nutrient Management Act): O. Reg. 392/08 amends the regulation regarding the phasing in of compliance. See the table in subsection 12(1) and clauses 15(2)(b) & (c).
Restricted Use of Left Lanes by Commercial Motor Vehicles (Highway Traffic Act): O. Reg. 384/08 replaces paragraph 1 of Schedule 2.
Terms of Reference (Clean Water Act, 2006): O. Reg. 385/08 changes the name of the regulation to "General" and makes extensive changes including: adding section 1 (prescribed drinking water threats); adding subsections to sections 7 & 8 and replacing section 10 re source protection authority; adding sections 11 to 23 re assessment reports and source protection plans.
PRINCE EDWARD ISLAND
REGULATIONS
Motor Vehicle Inspection Regulations (Highway Traffic Act): EC2008-663 amends the
regulation my removing the phrase 'and axe' from subsection 4(2)(b).
QUEBEC
Highway Safety Code: More sections of 2007, c. 40 (Bill 42) are now proclaimed in force. Amendments include provisions regarding licence suspensions following blood alcohol concentration determination (see sections 202.4, 202.6, 209.2.1, 209.14); adding new sections 328.1 - 328.4 regarding speeding offences, 480.1 & 508.1 (mopeds). More sections of 2008, c. 14 (Bill 55) are now proclaimed in force. Amendments include adding sections 63.2 (driver's licence as travel document), 274.3 (ban on devices to increase speed of mopeds), 328.5 (lifting of driving suspension).
SASKATCHEWAN
REGULATIONS
Occupational Health and Safety Regulations, 1996 (The Occupational Health and Safety Act): The last part of Sask. Reg. 91/2007 is now in force. A replacement section 470 sets out employer responsibilities where workers mobilize, lift, hold, turn, position, or transfer patients or clients.
Treaty Land Entitlement Withdrawal Regulations (The Wildlife Habitat Protection Act): Sask. Reg. 102/2008 adds item 89 to the Appendix.
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CANADA
REGULATIONS
Domestic Substances List (Canadian Environmental Protection Act, 1999): SOR/2008-221 adds 9 substances to Part 1, 1 substance to Part 2, 11 substances to Part 3, and 1 substance to Part 4 of the DSL. SOR/2008-242 adds 13 substances to Part 1, 11 substances to Part 3, replaces 5 substances in Part 5, and adds the first substance to Part 6 of the DSL. SOR/2008-290 adds 9 substances to Part 1, replaces 1 substance in Part 3, and adds 8 substances to Part 3 of the DSL. SOR/2008-295 adds 9 substances to Part 1, 1 substance to Part 2, and 8 substances to Part 3 of the DSL.
ALBERTA
ACTS
Public Lands Act: As a consequential amendment of 2006, c. 21, now proclaimed in force, a minor change is made to the definition of "Registrar" in section 1.
MANITOBA
ACTS
Employment Standards Code (C.C.S.M. c. E110): S.M. 2008, c. 42 amends subsection 139(1)(e).
Gas Pipe Line Act (R.S.M. 1987, c. G50): S.M. 2008, c. 42 amends subsections 26(5) and (6).
Ground Water and Water Well Act: (C.C.S. M. c. G110): S.M. 2008, c. 42 amends the definition for "department"; the definition for "director" has been repealed. Subsections 4(1), (2) and 6(a) are amended as a result changes to the definitions. Section 7 (Access to wells and records) is repealed and replaced. Subsection 10(3) has also been amended.
Manitoba Water Services Board Act (C.C.S.M. c. W60): S.M. 2008, c. 42 repeals and replaces the definition for "department" Subsection 12(3) has been amended to replace the phrase 'water branch with 'department'.
Off-Road Vehicles Act (C.C.S.M. c. O31): S.M. 2008, c. 42 updates the definition of 'traffic authority' to reference reorganization of government ministries. Subsections 3(a) and 54.1(1) are amended.
Ozone Depleting Substances Act (C.C.S.M. c. O80): S.M. 2008, c. 42 adds section 7.1
(Presumption re labelling) to the Act .
Planning Act (C.C.S.M. c. P80): S.M. 2008, c. 42 amends subsection 62.1(a) to reference section 5 of The Water Protection Act. Subsection 189(2) is amended.
Water Power Act (C.C.S.M. c. W60): S.M. 2008, c. 42 amends the definition for "department" and the definition for "director" has been repealed. Sections 2, 3, 7, 14 as well as subsections 12(2) and 14(3) are amended.
Water Protection Act (C.C.S.M. c. W65): S.M. 2008, c. 42 repeals section 44, under Part 6 (Consequential Amendments, Repeal and Coming into Force). Part 6, of this Act, has been omitted from the enviroOSH Legislation.
Wildlife Act (C.C.S.M. c. W130): S.M. 2008, c. 42 repeals the meaning of "non-resident alien" and adds a definition for "foreign resident". Section 20 (Prohibitions re protected species) is amended.
Workers' Compensation Act (C.C.S.M. c. W200): S.M. 2008, c. 42 makes minor amendments to sections 71 and 71.2. Subsection 104(3)(b) is amended to read "15 days".
NEW BRUNSWICK
REGULATIONS
First Aid Regulation - Occupational Health and Safety Act (Occupational Health and Safety Act): N.B. Reg. 2008-127 amends the definition for "first-aid provider".
Standards Regulation - Boiler and Pressure Vessel Act (Boiler and Pressure Vessel Act): N.B. Reg. 2008-128 amends Schedule B to reference the 2007 ASME Boiler & Pressure Vessel Code.
Safety Code for Elevating Devices and Amusement Devices - Elevators and Lifts Act (Elevators and Lifts Act): N.B. Reg. 2008-129 amends the regulation by replacing subsection (d) and adding (a.1) to the definition of "Code" in section 1. References to CSA Standard Z98-07, (Passenger ropeways and passenger conveyors) and CSA Standard ASME A17.7-2007/CSA-B44.7-07 (Performance-based safety code for elevators and escalators) have been added to the respective sections.
Watershed Protected Area Designation Order - Clean Water Act: N.B. Reg. 2008-136 replaces paragraphs (r) & (s) of section 6 and (g) of section 7 (regarding Protected Area B) in Schedule B.
Wellfield Protected Area Designation Order - Clean Water Act: N.B. Reg. 2008-137 amends paragraph 7(1)(h) (regarding Zone C) in Schedule B.
ONTARIO
ACTS
Health Protection and Promotion Act: The remainder of Schedule D of 2007, c. 10 is now proclaimed in force. The amendments relate to small drinking-water systems, and include: new section 12.1 (authority of a medical officer of health re small drinking-water systems); replacement of subsections 41(7)-(9); amendment of subsection 96 (regulations); replacement of subsection 102(1).
Highway Traffic Act (R.S.O. 1990, c. H.8): S.O. 2002, c. 18 makes amendments that are now in force. Subsections 17(1), (5) are repealed and replaced and subsections (1.1), (3.1), (3.2), (5.1) and (5.2) are added to the act. Section 17.0.1 (Revocation of CVOR certificate for dishonoured payments) is added to the act. Subsections 22(1)(k) - (l), (3) and subsections 22(1)(d.1) are added to the act. Subsection 22(1)(a) is repealed. S.O. 2008, c. 8 amends the Act by adding section 68.1 (Speed-limiting systems). This imposes the requirement of speed-limiting systems on commercial highway vehicles.
Safe Drinking Water Act: The remainder of 2007, c. 10 is now proclaimed in force. Among other changes: the definition "drinking-water test" is added to section 2; section 18 is amended (duty to report adverse test result); section 18.1 is added (laboratory operator to report adverse test result); section 54 is amended (non-municipal drinking water system).
REGULATIONS
Amusement Devices (Technical Standards and Safety Act, 2000): O. Reg. 249/08 introduces several amendments, including: changes regarding scope of reference where an amusement device, defined by device as opposed to locale, falls under regulation and necessary public safety laws regardless of public accessibility; liability insurance increased to $2M as consistent with minimum insurance conditions under Canadian jurisdiction (see section 5); new incident reporting criteria, conveying owner/licence holder requirements (see section 17); new allowance for contract mechanics, recognizing industry practice (see section 5); amendment of device type
certification, where once a device type is certified, similar type designs are exempt from design review if meeting current code requirements (see section 9); and new operator training log requirement to ensure skills and safety knowledge are kept up-to-date and current (see section 14.1). In force January 1, 2009.
General Regulation (Nutrient Management Act): O. Reg. 392/08 amends the regulation regarding the phasing in of compliance. See the table in subsection 12(1) and clauses 15(2)(b) & (c).
Restricted Use of Left Lanes by Commercial Motor Vehicles (Highway Traffic Act): O. Reg. 384/08 replaces paragraph 1 of Schedule 2.
Terms of Reference (Clean Water Act, 2006): O. Reg. 385/08 changes the name of the regulation to "General" and makes extensive changes including: adding section 1 (prescribed drinking water threats); adding subsections to sections 7 & 8 and replacing section 10 re source protection authority; adding sections 11 to 23 re assessment reports and source protection plans.
PRINCE EDWARD ISLAND
REGULATIONS
Motor Vehicle Inspection Regulations (Highway Traffic Act): EC2008-663 amends the
regulation my removing the phrase 'and axe' from subsection 4(2)(b).
QUEBEC
Highway Safety Code: More sections of 2007, c. 40 (Bill 42) are now proclaimed in force. Amendments include provisions regarding licence suspensions following blood alcohol concentration determination (see sections 202.4, 202.6, 209.2.1, 209.14); adding new sections 328.1 - 328.4 regarding speeding offences, 480.1 & 508.1 (mopeds). More sections of 2008, c. 14 (Bill 55) are now proclaimed in force. Amendments include adding sections 63.2 (driver's licence as travel document), 274.3 (ban on devices to increase speed of mopeds), 328.5 (lifting of driving suspension).
SASKATCHEWAN
REGULATIONS
Occupational Health and Safety Regulations, 1996 (The Occupational Health and Safety Act): The last part of Sask. Reg. 91/2007 is now in force. A replacement section 470 sets out employer responsibilities where workers mobilize, lift, hold, turn, position, or transfer patients or clients.
Treaty Land Entitlement Withdrawal Regulations (The Wildlife Habitat Protection Act): Sask. Reg. 102/2008 adds item 89 to the Appendix.