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02-03-2009, 11:04 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 January 2009. 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/legislation/legislation.html.
_______________________________
CANADA
REGULATIONS
Energy Efficiency Regulations (Energy Efficiency Act): SOR/2008-323 increases the stringency of existing minimum energy performance standards (MEPS) for some currently regulated products: residential gas furnaces, residential dehumidifiers, residential dishwashers, commercial ice-makers. It introduces new MEPS and associated reporting and compliance requirements for six products: residential wine chillers, commercial clothes washers, torchieres (floor lamps), ceiling fan lighting, traffic signal modules and pedestrian modules, commercial and industrial gas unit heaters. It introduces MEPS for general service lamps in 2012 and requires consumers energy performance labelling for most common lamp types: general service lamps (most medium-based screw-in lamps for general use), general service incandescent
reflector lamps (PAR, R, ER and BR lamps), compact fluorescent lamps (CFLs).
BRITISH COLUMBIA
ACTS
Commercial Transport Act: Another section of 2008, c. 15 (Bill 17) is now proclaimed in force, replacing subsection 11(2) (regulations re permit for temporary operation of commercial vehicle).
REGULATIONS
Carbon Tax Regulation (Carbon Tax Act): B.C. Reg. 312/2008 adds Part 8.1 - Exempt Fuel Retailers Program, sections 41.1 to 41.8, regarding permits issued to qualified retail dealers. Effective January 1, 2009.
Occupational Health and Safety Regulation (Workers' Compensation Act): B.C. Reg. 258/2008 amends the regulation by harmonizing it with the new provisional laws on environmental tobacco smoke. These amendments will increase protection for workers (part 4). Maintaining the current level of protection, the regulation has been amended to refer to the new Threshold Limit Values and Biological Exposure Indices as issued by the American Conference of Governmental Industrial Hygienists (ACGIH) (part 5). The Coroner's recommendations for supervision during lifts were not implemented. Instead, crane, hoist, or boom truck operators may not perform other duties while operating their equipment (section 14.37.1). Seatbelt requirements for workplace vehicles have been strengthened and the regulation has been harmonized with the Motor Vehicle
Act and Regulations (part 17). New sections were added, dealing with fills and stockpiles and those eligible to be responsible for some excavation work (part 20). Part 23 is amended to address issues concerning escape systems on the derricks of drill rigs and establish regulations for snubbing operations, a relatively new process for completing and servicing oil and gas wells.
NEW BRUNSWICK
ACTS
Clean Water Act: S.N.B 2008, c. 47 (Bill 9) amends the act to add subsections 40(k.1) - (k.84) dealing with the regulation of water and watercourses. Regulations may now classify watercourses; prohibit any activity that might impair the quality or quantity of a watercourse and impose restrictions on classification. The minister has the discretion to determine whether the watercourse meets the criteria of a particular class before it classified. Regulations may also establish a review panel to provide advice on watercourse classification.
Crown Lands and Forests Act: S.N.B. 2008, c. 51 (Bill 13) amends the act to require terms, conditions and reservations to be explicit in respect of easements, right-of-ways and licenses. In addition to these provisions, passages have been added to various sections to limit use of crown lands to purposes provided by various instruments. Section 71 deals with activities that are prohibited, except by express authority, such as disposal of garbage or construction on crown lands. Amendments have been made to class violations as a category H offense under the Provincial Offenses Procedures Act, with consequences prescribed. The Crown may remove or reduce dangers where failure to act immediately would constitute a danger to public safety, public health or the environment. Costs recovered from the those who were responsible to the danger (section 71.4).
Motor Vehicle Act: S.N.B. 2008, c. 51 (Bill 12) makes a minor amendment to section 310.13 to limit registration periods, as specified in subsection 259(1.2) of the Criminal Code, for the recently implemented alcohol ignition interlock device program.
Workers' Compensation Act: S.N.B. 2008, c. 45 (Bill 6) amends the act to impose gender neutral language. S.N.B. 2008, c. 55 (Bill 20) amends the act, as a result of recommendations from a panel, appointed in 2007, to examine the workplace health, safety and compensation system. These changes give eligible workers pension benefits calculated as if they had been accruing at a rate of 10 per cent from the start of his or her eligibility period (section 38.22).
REGULATIONS
Establishment of Protected Natural Areas Regulation - Protected Natural Areas Act (Protected Natural Areas Act): N.B. Reg. 2008-123 amends the regulation by replacing Schedules I (Index of Plans of Class I Protected Natural Areas) and II (Index of Plans of Class II Protected Natural Areas). Some protected areas have been re-classed, while many areas have been added to the regulation. These areas are represented by a series of maps, which have been added or updated. N.B. Reg. 2008-126 amends the regulation by repealing and replacing Schedule II-26 and the accompanying map.
Fire Extinguisher Servicing Regulation - Fire Prevention Act: N.B. Reg. 2008-75 amends the definition for standard to include the National Fire Code of Canada 2005 and National Fire Protection Association standards No. 10, 11, 13, 13D, 13E, 13R, 14 - 16 (section 1). This amendment incorporates these documents into the regulation. A definition for "automatic fire-extinguishing system" has been added. Fixed fire extinguishers are now known as automatic fire extinguishing systems (sections 3, 4, 7, 9, 10 and 12).
Fire Prevention and Inspection Regulation (Fire Prevention Act): N.B. Reg. 2008-71 amends and updates the regulation by referencing the National Fire Code of Canada, 2005 (section 2 and 3) . N.B. Reg. 2008-73 incorporates CSA B139-04, Installation Code for Oil Burning Equipment into the regulation (section 2). The amendment also incorporates National Building Code of Canada 2005, except Parts 2 and 7 of Division B of Volume 1, as a part of this regulation (section 2).
Plumbing Licensing and Inspection Regulation - Plumbing Installation and Inspection Act : N.B. Reg. 2008-76 amends the definitions "Code" to refer to the National Plumbing Code of Canada, 2005. Most of the amendments, including the added subsections 3(5.1) - (5.3), deal with Division B of the code. Most of these amendments concern, Classes 1 - 6 of fire sprinkler and standpipe systems.
Provincial Building Regulation, 2002 (Community Planning Act): N.B. Reg. 2008-72 amends section 5 (Adoption of code) to adopt the National Building Code of Canada 2005.
Smoke Alarms and Smoke Detectors Regulation - Fire Prevention Act (Fire Prevention Act): N.B. Reg. 2008-74 amends the definition for standard to include the Underwriters' Laboratories of Canada CAN/ULC S531-02 "Smoke-Alarms", CAN/ ULC S552-02 "Maintenance and Testing of Smoke- Alarms", CAN/ULC S553-02 "Installation of Smoke-Alarms", National Fire Code of Canada 2005 and any standard, specification, code or other document referenced in the above standards and code (section 2). This amendment incorporates these documents into the regulation.
ONTARIO
ACTS
Building Code Act: S.O. 2006, c. 33 has amendments that are now in force. Subsections 8(8), 15.9(11), 15.10(11), and 17.1(4) permit the Crown to impose a debt, for work done, as if it were a tax under the Provincial Land Tax, 2006.
Environmental Protection Act: S.O. 2006, c. 33 amendments are now in force. Amendments to subsections 154(8) and (9) permit the Crown to impose orders, for payment of costs, as if they were a tax under the Provincial Land Tax, 2006.
Fire Protection and Prevention Act: S.O. 2006, c. 33 is now in force. Section 39 has been amended, allowing expenses incurred by the Crown, to be collected as if they were a tax under the Provincial Land Tax, 2006.
Fuel Tax Act: S.O. 2008, c. 19, Schedule H (Bill 114) amends the Act to remove the prohibition against using coloured fuel for public transportation railways. Added subsection 4.11(2.1) requires railways operators to register as consumers under the Act. Subsection 2(6) amends the Act to prohibit the use of coloured fuels in recreational motor vehicles or vessels, while the added subsection 5(3.1) provides that is an offence to do so. Amendments to subsection 5(1) and (2) to include vessels in the provision that allows for the inspection to determine if coloured fuel is being used. Amendments to section 27.1 provide penalties for using coloured fuel in recreational motor vehicles or vessels.
Health Protection and Promotion Act: S.O. 2006 c. 33 is now in force. Subsection 96(5.1) has been amended to allow the collection of costs incurred by the board of health or medical officer, as if they were taxes, under the Provincial Land Tax, 2006.
Lakes and Rivers Improvement Act: S.O. 2006, c. 33 is now in force. Subsection 29(8) has been amended to allow the recovery of certain costs as if they were a tax under the Provincial Land Tax, 2006. Subsection (9) has been repealed.
Nutrient Management Act, 2002: S.O. 2006, c. 33 is now in force. Sections 38 and 39 have been amended to allow the collection of certain costs as if they were a tax under the Provincial Land Tax, 2006.
Ontario Water Resources Act: S.O. 2006, c. 33 is now in force. Subsections 88(8) and (9) have been amended to allow the collection of certain costs as a tax under the Provincial Land Tax, 2006.
Public Lands Act: S.O. 2006, c. 33 is now in force. Section 36 (Annual list to Municipal
Property Assessment Corporation) has been repealed and replaced. Section 43 has been amended to reference the more recent Provincial Land Tax Act, 2006. Payments and fees may be collected as if they were taxes under the Provincial Land Tax, 2006, in territories where there is no municipal organization (section 46.1 added).
Safe Drinking Water Act, 2002: S.O. 2006, c. 33 is now in force. Subsections 124(8) - (10) have been amended to allow the collection of certain costs as a tax under the Provincial Land Tax, 2006.
REGULATIONS
Certification and Training of Elevating Device Mechanics (Technical Standards and Safety Act, 2000): O. Reg. 250/08 amends the regulation by replacing the definitions for 'elevating device' and 'mechanic'. Definitions for 'passenger ropeway', 'registered', 'skills passport', supervising certificate holder' and 'surface ropeway' have been added. Subsection 2(2), dealing with rescue procedures and training, has been repealed and replaced. There is now a requirement for owners to use registered contractors for all installations and alterations (section 2) Section 11 (EDM-B
certificate) has been replaced and includes man-lifts utilizing rack and pinion drives. Section 14 (EDM-E certificate) has been repealed and replaced.
Commercial Motor Vehicle Operators' Information (Highway Traffic Act): O. Reg. 397/08 amends the regulation by adding a definition for 'fleet' and the amendment of 'fleet size'. As of December 1, 2008, Commercial Motor Vehicle Operator's Registrations (CVOR) are being assigned an expiry date over a two year transition period (sections 2 - 3). After December 1, 2009, renewals will be required annually. Changes in fleet size and additional information must be kept up-to-date, according to requirements established in sections 6 - 7. Amendments have been made to the regulation concerning the granting of safety ratings (sections 11 - 12).
Elevating Devices (Technical Standards and Safety Act, 2000): O. Reg. 252/08 amends the regulation by replacing the definitions for 'elevating device', 'freight platform lift', 'lifts for persons with physical disabilities', 'mechanic' and 'mechanic in training', special inspection' and stairchair lift'. Definitions include new devices such as material lifts, shopping cart conveyors, limited use/limited application elevators, parking garage lifts, and portable lifts for those with physical disability. Terminology has changed from 'physically challenged' to 'physical disabilities'. Sections 1, 6, 11, 12, 13 have added references to the code adoption document, director's orders or both. Incident reporting requirements have been clarified, outlining owner and contractor responsibilities (section 36). Minor alterations reporting time has been extended to 30 days (section 19). Owners must employ registered contractors for all installations and alterations (sections 21 and 25).
Equipment (Highway Traffic Act): O. Reg. 369/08 amends the regulation to reflect the new requirement that commercial motor vehicles driven on highways have a speed-limiting system activated and functioning, (sections 12 - 18). Tampering with a speed-limiting systems and selling tampering devices is also prohibited.
Fuel Industry Certificates (Technical Standards and Safety Act, 2000): O. Reg. 441/08 adds section 4.1 (accreditation of certain training providers).
Propane Storage and Handling (Technical Standards and Safety Act, 2000): Among other changes, O. Reg. 440/08 adds section 3.1 regarding the requirement for operators of retail outlets, filling plant, cardlock/keylocks, private outlets or container refill centres to prepare a risk and safety management plan; section 5 is amended (training in emergency management procedures); clause 27(3)(d) is replaced (preparation of plans); section 27.1 is added (licensing of certain facilities - see in force dates).
PRINCE EDWARD ISLAND
ACTS
Elevators and Lifts Act: S.P.E.I 2008, c. 12 (Bill 32) amends the Act by adding definitions for 'contractor's license' and 'installer's registration'. The addition of section 3.1 (Licenses, registrations) amends the Act to require installation and alteration of elevators and lifts to be done by a licensed contractor or registered installer. Several amendments are also made as a consequence of this addition (section 17). The Chief Inspector must review applications and make recommendations to the Minister for granting of licenses and registrations (section7).
Environmental Protection Act: 2008, c. 13 (Bill 36), now proclaimed in force, makes several changes to the Act, including: amending section 6 which authorizes the designation of environment officers. The amendment now provides that any person may be designated as an environment officer, and not just employees of government. Additional subsections have been added to outline the functions of an environment officer. Section 7.1 is amended to specify that an order issued to a corporation by the Minister or an environment officer is an environmental protection order. Provisions in the Act dealing with watercourses, buffer zones, intensive livestock operations and forested riparian zones are repealed (the content and subject matter of which will be outlined in the regulations). Section 25 is amended by adding regulation-making
provisions. New section 29.1 authorizes an appeal of an environmental protection order to the Island Regulatory and Appeals Commission (IRAC). Section 32 is amended regarding the general penalty provision in the Act in respect of natural persons and corporations to clarify that: (1) the order referred to includes an environmental protection order; and (2) the fine amounts stipulated in the section pertain to those offences for which no penalty is otherwise specifically provided in the Act or regulations. Two subsections are repealed that will be dealt with in the regulations. The subsection pertaining to the personal liability of corporate officers has been amended to conform with the other amendments that occur in the section. As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, section 36 is amended regarding a court name.
Fire Prevention Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, minor wording changes are made in subsection 16(4).
Highway Traffic Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, minor wording changes are made in subsections 260(1) and 279(1).
Occupational Health and Safety Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, the definition of "Supreme Court" in section 1 is repealed.
Oil and Natural Gas Act: As a consequential amendment of 2008, c. 20 (Bill 21), now
proclaimed in force, minor wording changes are made in sections 19, 20, and 21.
Pesticides Control Act: 2008, c. 55 (Bill 59), now proclaimed in force, adds definitions to section 1 to coincide with the definitions for these terms used elsewhere in legislation. Changes to section 22 authorize regulations that (1) require terms and conditions on any licenses, pesticide certificates or permits; and (2) require the submission of a risk impact assessment study by applicants for a pesticide application permit.
Petroleum Products Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, the name of a court is changed in sections 49 and 58.
Public Health Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, the name of a court is changed in subsection 50(1).
Workers Compensation Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, the name of a court is changed in section 32 and a wording change made in section 56.2.
REGULATIONS
Elevators and Lifts Act Regulations (Elevators and Lifts Act): EC2008-495 amends the
regulation to provide that Appendix J of the CAN/CSA B44-04 Safety Code for Elevators governs the maintenance and service requirements for elevators, dumbwaiters, escalators and moving walkways (section 2). "Code" is now defined as CAN/CSA B44-07 Safety Code for Elevators and Escalators. Definitions for 'chair ropeway', 'lifts for persons with physical disabilities' and 'Trades Qualification Certificate' have been added to the regulation. Contractor's licenses and installer's registrations are now required and regulated, due to addition of sections 9.1 - 9.4. Amendments to capacity limitations have been made, as well as posting requirements (section 205).
Pesticides Control Act Regulations (Pesticides Control Act): EC2008-711 updates the definition for 'buffer zone' to ensure consistent use. Definitions for "Agreement" and "Steering Committee" have been repealed. Those undertaking continuing education may earn credits (or CEC's) on an hour-for-hour basis or as approved by the Minister (section 3). The minister may issue or renew Pesticide Applicator Certificates. Expiry date of such certificates are now to be stated on the certificate (section 6). 8 CECs are now required for certificate renewal. The minister may not accept, for the purposes of renewal, more than 8 CECs in a calendar year (section 7).
_______________________________
CANADA
REGULATIONS
Energy Efficiency Regulations (Energy Efficiency Act): SOR/2008-323 increases the stringency of existing minimum energy performance standards (MEPS) for some currently regulated products: residential gas furnaces, residential dehumidifiers, residential dishwashers, commercial ice-makers. It introduces new MEPS and associated reporting and compliance requirements for six products: residential wine chillers, commercial clothes washers, torchieres (floor lamps), ceiling fan lighting, traffic signal modules and pedestrian modules, commercial and industrial gas unit heaters. It introduces MEPS for general service lamps in 2012 and requires consumers energy performance labelling for most common lamp types: general service lamps (most medium-based screw-in lamps for general use), general service incandescent
reflector lamps (PAR, R, ER and BR lamps), compact fluorescent lamps (CFLs).
BRITISH COLUMBIA
ACTS
Commercial Transport Act: Another section of 2008, c. 15 (Bill 17) is now proclaimed in force, replacing subsection 11(2) (regulations re permit for temporary operation of commercial vehicle).
REGULATIONS
Carbon Tax Regulation (Carbon Tax Act): B.C. Reg. 312/2008 adds Part 8.1 - Exempt Fuel Retailers Program, sections 41.1 to 41.8, regarding permits issued to qualified retail dealers. Effective January 1, 2009.
Occupational Health and Safety Regulation (Workers' Compensation Act): B.C. Reg. 258/2008 amends the regulation by harmonizing it with the new provisional laws on environmental tobacco smoke. These amendments will increase protection for workers (part 4). Maintaining the current level of protection, the regulation has been amended to refer to the new Threshold Limit Values and Biological Exposure Indices as issued by the American Conference of Governmental Industrial Hygienists (ACGIH) (part 5). The Coroner's recommendations for supervision during lifts were not implemented. Instead, crane, hoist, or boom truck operators may not perform other duties while operating their equipment (section 14.37.1). Seatbelt requirements for workplace vehicles have been strengthened and the regulation has been harmonized with the Motor Vehicle
Act and Regulations (part 17). New sections were added, dealing with fills and stockpiles and those eligible to be responsible for some excavation work (part 20). Part 23 is amended to address issues concerning escape systems on the derricks of drill rigs and establish regulations for snubbing operations, a relatively new process for completing and servicing oil and gas wells.
NEW BRUNSWICK
ACTS
Clean Water Act: S.N.B 2008, c. 47 (Bill 9) amends the act to add subsections 40(k.1) - (k.84) dealing with the regulation of water and watercourses. Regulations may now classify watercourses; prohibit any activity that might impair the quality or quantity of a watercourse and impose restrictions on classification. The minister has the discretion to determine whether the watercourse meets the criteria of a particular class before it classified. Regulations may also establish a review panel to provide advice on watercourse classification.
Crown Lands and Forests Act: S.N.B. 2008, c. 51 (Bill 13) amends the act to require terms, conditions and reservations to be explicit in respect of easements, right-of-ways and licenses. In addition to these provisions, passages have been added to various sections to limit use of crown lands to purposes provided by various instruments. Section 71 deals with activities that are prohibited, except by express authority, such as disposal of garbage or construction on crown lands. Amendments have been made to class violations as a category H offense under the Provincial Offenses Procedures Act, with consequences prescribed. The Crown may remove or reduce dangers where failure to act immediately would constitute a danger to public safety, public health or the environment. Costs recovered from the those who were responsible to the danger (section 71.4).
Motor Vehicle Act: S.N.B. 2008, c. 51 (Bill 12) makes a minor amendment to section 310.13 to limit registration periods, as specified in subsection 259(1.2) of the Criminal Code, for the recently implemented alcohol ignition interlock device program.
Workers' Compensation Act: S.N.B. 2008, c. 45 (Bill 6) amends the act to impose gender neutral language. S.N.B. 2008, c. 55 (Bill 20) amends the act, as a result of recommendations from a panel, appointed in 2007, to examine the workplace health, safety and compensation system. These changes give eligible workers pension benefits calculated as if they had been accruing at a rate of 10 per cent from the start of his or her eligibility period (section 38.22).
REGULATIONS
Establishment of Protected Natural Areas Regulation - Protected Natural Areas Act (Protected Natural Areas Act): N.B. Reg. 2008-123 amends the regulation by replacing Schedules I (Index of Plans of Class I Protected Natural Areas) and II (Index of Plans of Class II Protected Natural Areas). Some protected areas have been re-classed, while many areas have been added to the regulation. These areas are represented by a series of maps, which have been added or updated. N.B. Reg. 2008-126 amends the regulation by repealing and replacing Schedule II-26 and the accompanying map.
Fire Extinguisher Servicing Regulation - Fire Prevention Act: N.B. Reg. 2008-75 amends the definition for standard to include the National Fire Code of Canada 2005 and National Fire Protection Association standards No. 10, 11, 13, 13D, 13E, 13R, 14 - 16 (section 1). This amendment incorporates these documents into the regulation. A definition for "automatic fire-extinguishing system" has been added. Fixed fire extinguishers are now known as automatic fire extinguishing systems (sections 3, 4, 7, 9, 10 and 12).
Fire Prevention and Inspection Regulation (Fire Prevention Act): N.B. Reg. 2008-71 amends and updates the regulation by referencing the National Fire Code of Canada, 2005 (section 2 and 3) . N.B. Reg. 2008-73 incorporates CSA B139-04, Installation Code for Oil Burning Equipment into the regulation (section 2). The amendment also incorporates National Building Code of Canada 2005, except Parts 2 and 7 of Division B of Volume 1, as a part of this regulation (section 2).
Plumbing Licensing and Inspection Regulation - Plumbing Installation and Inspection Act : N.B. Reg. 2008-76 amends the definitions "Code" to refer to the National Plumbing Code of Canada, 2005. Most of the amendments, including the added subsections 3(5.1) - (5.3), deal with Division B of the code. Most of these amendments concern, Classes 1 - 6 of fire sprinkler and standpipe systems.
Provincial Building Regulation, 2002 (Community Planning Act): N.B. Reg. 2008-72 amends section 5 (Adoption of code) to adopt the National Building Code of Canada 2005.
Smoke Alarms and Smoke Detectors Regulation - Fire Prevention Act (Fire Prevention Act): N.B. Reg. 2008-74 amends the definition for standard to include the Underwriters' Laboratories of Canada CAN/ULC S531-02 "Smoke-Alarms", CAN/ ULC S552-02 "Maintenance and Testing of Smoke- Alarms", CAN/ULC S553-02 "Installation of Smoke-Alarms", National Fire Code of Canada 2005 and any standard, specification, code or other document referenced in the above standards and code (section 2). This amendment incorporates these documents into the regulation.
ONTARIO
ACTS
Building Code Act: S.O. 2006, c. 33 has amendments that are now in force. Subsections 8(8), 15.9(11), 15.10(11), and 17.1(4) permit the Crown to impose a debt, for work done, as if it were a tax under the Provincial Land Tax, 2006.
Environmental Protection Act: S.O. 2006, c. 33 amendments are now in force. Amendments to subsections 154(8) and (9) permit the Crown to impose orders, for payment of costs, as if they were a tax under the Provincial Land Tax, 2006.
Fire Protection and Prevention Act: S.O. 2006, c. 33 is now in force. Section 39 has been amended, allowing expenses incurred by the Crown, to be collected as if they were a tax under the Provincial Land Tax, 2006.
Fuel Tax Act: S.O. 2008, c. 19, Schedule H (Bill 114) amends the Act to remove the prohibition against using coloured fuel for public transportation railways. Added subsection 4.11(2.1) requires railways operators to register as consumers under the Act. Subsection 2(6) amends the Act to prohibit the use of coloured fuels in recreational motor vehicles or vessels, while the added subsection 5(3.1) provides that is an offence to do so. Amendments to subsection 5(1) and (2) to include vessels in the provision that allows for the inspection to determine if coloured fuel is being used. Amendments to section 27.1 provide penalties for using coloured fuel in recreational motor vehicles or vessels.
Health Protection and Promotion Act: S.O. 2006 c. 33 is now in force. Subsection 96(5.1) has been amended to allow the collection of costs incurred by the board of health or medical officer, as if they were taxes, under the Provincial Land Tax, 2006.
Lakes and Rivers Improvement Act: S.O. 2006, c. 33 is now in force. Subsection 29(8) has been amended to allow the recovery of certain costs as if they were a tax under the Provincial Land Tax, 2006. Subsection (9) has been repealed.
Nutrient Management Act, 2002: S.O. 2006, c. 33 is now in force. Sections 38 and 39 have been amended to allow the collection of certain costs as if they were a tax under the Provincial Land Tax, 2006.
Ontario Water Resources Act: S.O. 2006, c. 33 is now in force. Subsections 88(8) and (9) have been amended to allow the collection of certain costs as a tax under the Provincial Land Tax, 2006.
Public Lands Act: S.O. 2006, c. 33 is now in force. Section 36 (Annual list to Municipal
Property Assessment Corporation) has been repealed and replaced. Section 43 has been amended to reference the more recent Provincial Land Tax Act, 2006. Payments and fees may be collected as if they were taxes under the Provincial Land Tax, 2006, in territories where there is no municipal organization (section 46.1 added).
Safe Drinking Water Act, 2002: S.O. 2006, c. 33 is now in force. Subsections 124(8) - (10) have been amended to allow the collection of certain costs as a tax under the Provincial Land Tax, 2006.
REGULATIONS
Certification and Training of Elevating Device Mechanics (Technical Standards and Safety Act, 2000): O. Reg. 250/08 amends the regulation by replacing the definitions for 'elevating device' and 'mechanic'. Definitions for 'passenger ropeway', 'registered', 'skills passport', supervising certificate holder' and 'surface ropeway' have been added. Subsection 2(2), dealing with rescue procedures and training, has been repealed and replaced. There is now a requirement for owners to use registered contractors for all installations and alterations (section 2) Section 11 (EDM-B
certificate) has been replaced and includes man-lifts utilizing rack and pinion drives. Section 14 (EDM-E certificate) has been repealed and replaced.
Commercial Motor Vehicle Operators' Information (Highway Traffic Act): O. Reg. 397/08 amends the regulation by adding a definition for 'fleet' and the amendment of 'fleet size'. As of December 1, 2008, Commercial Motor Vehicle Operator's Registrations (CVOR) are being assigned an expiry date over a two year transition period (sections 2 - 3). After December 1, 2009, renewals will be required annually. Changes in fleet size and additional information must be kept up-to-date, according to requirements established in sections 6 - 7. Amendments have been made to the regulation concerning the granting of safety ratings (sections 11 - 12).
Elevating Devices (Technical Standards and Safety Act, 2000): O. Reg. 252/08 amends the regulation by replacing the definitions for 'elevating device', 'freight platform lift', 'lifts for persons with physical disabilities', 'mechanic' and 'mechanic in training', special inspection' and stairchair lift'. Definitions include new devices such as material lifts, shopping cart conveyors, limited use/limited application elevators, parking garage lifts, and portable lifts for those with physical disability. Terminology has changed from 'physically challenged' to 'physical disabilities'. Sections 1, 6, 11, 12, 13 have added references to the code adoption document, director's orders or both. Incident reporting requirements have been clarified, outlining owner and contractor responsibilities (section 36). Minor alterations reporting time has been extended to 30 days (section 19). Owners must employ registered contractors for all installations and alterations (sections 21 and 25).
Equipment (Highway Traffic Act): O. Reg. 369/08 amends the regulation to reflect the new requirement that commercial motor vehicles driven on highways have a speed-limiting system activated and functioning, (sections 12 - 18). Tampering with a speed-limiting systems and selling tampering devices is also prohibited.
Fuel Industry Certificates (Technical Standards and Safety Act, 2000): O. Reg. 441/08 adds section 4.1 (accreditation of certain training providers).
Propane Storage and Handling (Technical Standards and Safety Act, 2000): Among other changes, O. Reg. 440/08 adds section 3.1 regarding the requirement for operators of retail outlets, filling plant, cardlock/keylocks, private outlets or container refill centres to prepare a risk and safety management plan; section 5 is amended (training in emergency management procedures); clause 27(3)(d) is replaced (preparation of plans); section 27.1 is added (licensing of certain facilities - see in force dates).
PRINCE EDWARD ISLAND
ACTS
Elevators and Lifts Act: S.P.E.I 2008, c. 12 (Bill 32) amends the Act by adding definitions for 'contractor's license' and 'installer's registration'. The addition of section 3.1 (Licenses, registrations) amends the Act to require installation and alteration of elevators and lifts to be done by a licensed contractor or registered installer. Several amendments are also made as a consequence of this addition (section 17). The Chief Inspector must review applications and make recommendations to the Minister for granting of licenses and registrations (section7).
Environmental Protection Act: 2008, c. 13 (Bill 36), now proclaimed in force, makes several changes to the Act, including: amending section 6 which authorizes the designation of environment officers. The amendment now provides that any person may be designated as an environment officer, and not just employees of government. Additional subsections have been added to outline the functions of an environment officer. Section 7.1 is amended to specify that an order issued to a corporation by the Minister or an environment officer is an environmental protection order. Provisions in the Act dealing with watercourses, buffer zones, intensive livestock operations and forested riparian zones are repealed (the content and subject matter of which will be outlined in the regulations). Section 25 is amended by adding regulation-making
provisions. New section 29.1 authorizes an appeal of an environmental protection order to the Island Regulatory and Appeals Commission (IRAC). Section 32 is amended regarding the general penalty provision in the Act in respect of natural persons and corporations to clarify that: (1) the order referred to includes an environmental protection order; and (2) the fine amounts stipulated in the section pertain to those offences for which no penalty is otherwise specifically provided in the Act or regulations. Two subsections are repealed that will be dealt with in the regulations. The subsection pertaining to the personal liability of corporate officers has been amended to conform with the other amendments that occur in the section. As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, section 36 is amended regarding a court name.
Fire Prevention Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, minor wording changes are made in subsection 16(4).
Highway Traffic Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, minor wording changes are made in subsections 260(1) and 279(1).
Occupational Health and Safety Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, the definition of "Supreme Court" in section 1 is repealed.
Oil and Natural Gas Act: As a consequential amendment of 2008, c. 20 (Bill 21), now
proclaimed in force, minor wording changes are made in sections 19, 20, and 21.
Pesticides Control Act: 2008, c. 55 (Bill 59), now proclaimed in force, adds definitions to section 1 to coincide with the definitions for these terms used elsewhere in legislation. Changes to section 22 authorize regulations that (1) require terms and conditions on any licenses, pesticide certificates or permits; and (2) require the submission of a risk impact assessment study by applicants for a pesticide application permit.
Petroleum Products Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, the name of a court is changed in sections 49 and 58.
Public Health Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, the name of a court is changed in subsection 50(1).
Workers Compensation Act: As a consequential amendment of 2008, c. 20 (Bill 21), now proclaimed in force, the name of a court is changed in section 32 and a wording change made in section 56.2.
REGULATIONS
Elevators and Lifts Act Regulations (Elevators and Lifts Act): EC2008-495 amends the
regulation to provide that Appendix J of the CAN/CSA B44-04 Safety Code for Elevators governs the maintenance and service requirements for elevators, dumbwaiters, escalators and moving walkways (section 2). "Code" is now defined as CAN/CSA B44-07 Safety Code for Elevators and Escalators. Definitions for 'chair ropeway', 'lifts for persons with physical disabilities' and 'Trades Qualification Certificate' have been added to the regulation. Contractor's licenses and installer's registrations are now required and regulated, due to addition of sections 9.1 - 9.4. Amendments to capacity limitations have been made, as well as posting requirements (section 205).
Pesticides Control Act Regulations (Pesticides Control Act): EC2008-711 updates the definition for 'buffer zone' to ensure consistent use. Definitions for "Agreement" and "Steering Committee" have been repealed. Those undertaking continuing education may earn credits (or CEC's) on an hour-for-hour basis or as approved by the Minister (section 3). The minister may issue or renew Pesticide Applicator Certificates. Expiry date of such certificates are now to be stated on the certificate (section 6). 8 CECs are now required for certificate renewal. The minister may not accept, for the purposes of renewal, more than 8 CECs in a calendar year (section 7).