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03-03-2009, 11:10 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 February 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 from the CCOHS website (http://www.ccohs.ca/products/legislation/legislation.html).
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CANADA
REGULATIONS
Metal Mining Effluent Regulations (Fisheries Act): SOR/2009-27 amends Schedule 2 (Tailings Impoundment Areas) to add items 10 to 14 regarding the water bodies of the Carol and Scully iron ore mines of Newfoundland and Labrador.
ALBERTA
ACTS
Traffic Safety Act: More sections of 2007, c. 45 are now proclaimed in force. The definition of “intersection safety device” is added to section 1; it replaces references to “red light traffic enforcement device” in various places in the Act.
REGULATIONS
Activities Designation Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 1/2009 has added definitions for “syngas” and “syngas plant” to section 2 (Definitions - approval activities). A reference to syngas plants has been added to Schedule 1 under Oil and Gas.
Bus Safety Regulation (Traffic Safety Act): Alta Reg. 229/2008 amends the regulation to expire on December 31, 2009.
Commercial Bus Equipment and Safety Regulation (Traffic Safety Act): Alta Reg. 230/2008 amends the regulation to expire on December 31, 2009.
BRITISH COLUMBIA
ACTS
Carbon Tax Act: Sections of the original Act (2008, c. 40) (Bill 37) are now in force. Amendments to the definitions for ‘collector’, ‘registered consumer certificate’ and ‘registration certificate’ have removed the provision allowing someone to be deemed a collector or a certificate to be deemed issued. Subsections 16(3) - (6), 19(3) - (6) and 20(3) - (6), dealing mainly with certificates and collections, have been repealed. This act has been harmonized with the Motor Fuel Tax Act to establish similar processes for collection and payments in both acts. These amendments complete the harmonization.
Health Act: S.B.C. 2008, c. 38 (Bill 24) has repealed sections 10.1 (Definitions respecting health information banks), 10.2 (Designation of health information banks), 10.3 (Collection, use and disclosure of information), 10.4 (Requests for information), 10.5 (Complaints respecting a request for information), 10.6 (Information-sharing agreements) and 10.7 (Protection of privacy).
REGULATIONS
Commercial Transport Regulations (Commercial Transport Act): B.C. Reg. 313/2008 amends the regulation to update the gross vehicle weight permitted (section 6.02). Reference to the Canadian Agreement on Vehicle Registration (section 9.02) is removed.
Environmental Appeal Board Procedure Regulation (Environmental Management Act): B.C. Reg. 342/2008 has amended the regulation to reflect the appropriate ministry - the Ministry of Healthy Living and Sport.
Railway Safety Adopted Provisions Regulation (Railway Safety Act): B.C. Reg. 274/2008 amends the schedule to reflect updates to the Canadian Rail Operating Rules.
MANITOBA
Biofuels Act: Subsections 4(1), 6.5(a), 19(3) and (4) of the original Act (2003, c. 5) are in force December 15, 2008.
Highway Traffic Act: Sections 45 and 46 from S.M. 2008, c. 36 are now in force. Subsections 319(aaaa.1) and 322(5) - (7) have been repealed. Amendments to section 331 have been made dealing with issues of vehicle permits and fees under the Act.
REGULATIONS
Excluded Industries, Employers and Workers Regulation (The Workers Compensation Act): Man. Reg. 169/2008 amends the regulation by repealing and replacing Schedule A. Schedule A lists industries, employers and workers excluded from the scope of Part I of the Act. Due to this amendment, several industries are now covered by the Act, including agricultural workers, laboratory workers and workers in the freight shipping industry.
NEW BRUNSWICK
REGULATIONS
Special Permit Fees Regulation (Motor Vehicle Act): N.B. Reg. 2008-151 amends sections 3 - 10. Lengths, heights, widths and gross mass allowable, by special permit, have all been amended.
NEWFOUNDLAND AND LABRADOR
ACTS
Forestry Act: S.N.L. 2008, c. 56 (Bill 65) amends the act, allowing the minister to consider whether the applicant has harvested timber under a previous permit or currently has the means to harvest or process timber. It is clarified that there is no right of renewal in such permits; nor is any such right conveyed by possession previous permits (section 27). Beneficial interests in timber harvesting permits are not transferable or saleable (section 27). No compensation is owed as a result of this amendment.
Water Resources Act: S.N.L. 2008, c. 47 (Bill 53) amends the act to explicitly state that the Minister may refuse the transfer of a licence.
NORTHWEST TERRITORIES
REGULATIONS
Workers' Compensation General Regulations: (Workers’ Compensation Act): R-096-2008 amends the regulation to update compensation figures.
NOVA SCOTIA
ACTS
Trade Union Act: 2008, c. 67 (Bill 129) repeals subsection 52A(4) and removes the reference to “police” in the Schedule regarding interest arbitration.
ONTARIO
ACTS
Ambulance Act: S.O. 2006, c. 33 is now in force and the Act has been amended to reference Provincial Land Tax Act, 2006 and remove references to the previous Act.
Clean Water Act, 2006: S.O. 2006, c. 33 amends the act to reference the Provincial Land Tax Act, 2006, and remove references to the previous Act.
Smoke-Free Ontario Act: S.O. 2008, c. 12 (Bill 69) has amended the act to prohibit smoking, or having lighted tobacco in a motor vehicle while passengers under 16 years of age are present.
Workplace Safety and Insurance Act, 1997: The part of 2007, c. 7 which amends clause 162(1)(c) is now proclaimed in force. The Board of Directors must now have a minimum of seven and a maximum of nine members.
REGULATIONS
Confined Spaces (Occupational Health and Safety Act): O. Reg. 23/09 has made minor amendments to the regulation by increasing the specificity and clarity of subsections 3(2)(a), 14(c) and 19(4).
Criteria to be Used and Other Matters to be Considered by Adjudicators Under Subsection 46(6) of Act (Occupational Health and Safety Act): O. Reg. 22/09 has amended the regulation to add decisions of the Board of directors as a factor for whether a constructor or employer has demonstrated a failure to protect the health and safety of workers. The Board is to decide applications under section 46. The name of the regulation has been changed to: Criteria to be Used and Other Matters to be Considered by the Board Under Subsection 46(6) of Act.
Firefighters - Protective Equipment (Occupational Health and Safety Act): O. Reg. 24/09 has amended section 1 of the regulation by repealing and replacing the definition for firefighter.
General Regulation (Mandatory Blood Testing Act, 2006): O. Reg. 455/08 amends the regulation by adding to the classes who may apply under section 2 of the Act.
Healthcare And residential Facilities (Occupational Health and Safety Act): O. Reg. 25/09 has made minor amendments to the regulation to improve specificity and clarity . As well, several sections have been amended to reflect recent or updated legislation.
Ontario Amendments to the Canadian Electrical Code, Part I, C22.1-02 (Electricity Act, 1998): Director’s Order of August 15, 2008 replaces Rule 2-005 (An Application for Inspection Not Required) and adds Rule 2-013 (A Connection Authorization Not Required).
Safety Inspections (Highway Traffic Act): O. Reg. 42/09 adds section 11.1 regarding the validity of inspection stickers for physically-disabled passenger vehicles. The section is revoked on May 1, 2009.
Training Programs (Occupational Health and Safety Act): O. Reg. 20/09 updates the board name in section 1.
Vehicle Weights and Dimensions - for Safe, Productive and Infrastructure-Friendly Vehicles (Highway Traffic Act): O. Reg. 435/08 amends the regulation to implement vehicle weight and dimension reforms. These changes address excessive damage to provincial and municipal roads and bridges and are expected to reduce the numbers of tractor-trailer collisions, while maintaining industry productivity. Changes have been made to Schedules 1 - 13 as well as amendments to sections 4.1, 36.1 and 36.2.
PRINCE EDWARD ISLAND
ACTS
Highway Traffic Act: 2008, c. 46 (Bill 43) replaces clause 176(2)(f) (speed limit through school zone).
Off-Highway Vehicle Act: 2008, c. 54 (Bill 55) adds section 11.1 regarding liability and assumption of risk on the part of the owner or operator of an off-highway vehicle.
QUEBEC
ACTS
Act Respecting Medical Laboratories, Organ, Tissue, Gamete and Embryo Conservation and the Disposal of Human Bodies: S.Q. 2008, c. 11 amends section 69 to modernize the language used in the governance of professional bodies.
Highway Safety Code: 2007, c. 40, s. 66 is now in force. Heavy vehicles must have an active speed limiter that is set at a maximum speed of 105 km/h.
SASKATCHEWAN
REGULATIONS
Boiler and Pressure Vessel Regulations (Boiler and Pressure Vessel Act): Sask Reg. 121/2008 amends the regulation to update fees for the Fourth class power engineer, Parts A and B, in Table 11.
YUKON
ACTS
Territorial Lands (Yukon) Act: S.Y. 2008, c. 23 amends the act adding subsections 18(6) and (7). The minister may now delegate responsibilities assigned under subsection 18(1) to the Deputy Minister or other officials.
REGULATIONS
Carcross General Development Regulations (Area Development Act): O.I.C. 2008-130 adds section 34.4. O.I.C. 2008-131 amends Schedule B (not reproduced).
_______________________________
CANADA
REGULATIONS
Metal Mining Effluent Regulations (Fisheries Act): SOR/2009-27 amends Schedule 2 (Tailings Impoundment Areas) to add items 10 to 14 regarding the water bodies of the Carol and Scully iron ore mines of Newfoundland and Labrador.
ALBERTA
ACTS
Traffic Safety Act: More sections of 2007, c. 45 are now proclaimed in force. The definition of “intersection safety device” is added to section 1; it replaces references to “red light traffic enforcement device” in various places in the Act.
REGULATIONS
Activities Designation Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 1/2009 has added definitions for “syngas” and “syngas plant” to section 2 (Definitions - approval activities). A reference to syngas plants has been added to Schedule 1 under Oil and Gas.
Bus Safety Regulation (Traffic Safety Act): Alta Reg. 229/2008 amends the regulation to expire on December 31, 2009.
Commercial Bus Equipment and Safety Regulation (Traffic Safety Act): Alta Reg. 230/2008 amends the regulation to expire on December 31, 2009.
BRITISH COLUMBIA
ACTS
Carbon Tax Act: Sections of the original Act (2008, c. 40) (Bill 37) are now in force. Amendments to the definitions for ‘collector’, ‘registered consumer certificate’ and ‘registration certificate’ have removed the provision allowing someone to be deemed a collector or a certificate to be deemed issued. Subsections 16(3) - (6), 19(3) - (6) and 20(3) - (6), dealing mainly with certificates and collections, have been repealed. This act has been harmonized with the Motor Fuel Tax Act to establish similar processes for collection and payments in both acts. These amendments complete the harmonization.
Health Act: S.B.C. 2008, c. 38 (Bill 24) has repealed sections 10.1 (Definitions respecting health information banks), 10.2 (Designation of health information banks), 10.3 (Collection, use and disclosure of information), 10.4 (Requests for information), 10.5 (Complaints respecting a request for information), 10.6 (Information-sharing agreements) and 10.7 (Protection of privacy).
REGULATIONS
Commercial Transport Regulations (Commercial Transport Act): B.C. Reg. 313/2008 amends the regulation to update the gross vehicle weight permitted (section 6.02). Reference to the Canadian Agreement on Vehicle Registration (section 9.02) is removed.
Environmental Appeal Board Procedure Regulation (Environmental Management Act): B.C. Reg. 342/2008 has amended the regulation to reflect the appropriate ministry - the Ministry of Healthy Living and Sport.
Railway Safety Adopted Provisions Regulation (Railway Safety Act): B.C. Reg. 274/2008 amends the schedule to reflect updates to the Canadian Rail Operating Rules.
MANITOBA
Biofuels Act: Subsections 4(1), 6.5(a), 19(3) and (4) of the original Act (2003, c. 5) are in force December 15, 2008.
Highway Traffic Act: Sections 45 and 46 from S.M. 2008, c. 36 are now in force. Subsections 319(aaaa.1) and 322(5) - (7) have been repealed. Amendments to section 331 have been made dealing with issues of vehicle permits and fees under the Act.
REGULATIONS
Excluded Industries, Employers and Workers Regulation (The Workers Compensation Act): Man. Reg. 169/2008 amends the regulation by repealing and replacing Schedule A. Schedule A lists industries, employers and workers excluded from the scope of Part I of the Act. Due to this amendment, several industries are now covered by the Act, including agricultural workers, laboratory workers and workers in the freight shipping industry.
NEW BRUNSWICK
REGULATIONS
Special Permit Fees Regulation (Motor Vehicle Act): N.B. Reg. 2008-151 amends sections 3 - 10. Lengths, heights, widths and gross mass allowable, by special permit, have all been amended.
NEWFOUNDLAND AND LABRADOR
ACTS
Forestry Act: S.N.L. 2008, c. 56 (Bill 65) amends the act, allowing the minister to consider whether the applicant has harvested timber under a previous permit or currently has the means to harvest or process timber. It is clarified that there is no right of renewal in such permits; nor is any such right conveyed by possession previous permits (section 27). Beneficial interests in timber harvesting permits are not transferable or saleable (section 27). No compensation is owed as a result of this amendment.
Water Resources Act: S.N.L. 2008, c. 47 (Bill 53) amends the act to explicitly state that the Minister may refuse the transfer of a licence.
NORTHWEST TERRITORIES
REGULATIONS
Workers' Compensation General Regulations: (Workers’ Compensation Act): R-096-2008 amends the regulation to update compensation figures.
NOVA SCOTIA
ACTS
Trade Union Act: 2008, c. 67 (Bill 129) repeals subsection 52A(4) and removes the reference to “police” in the Schedule regarding interest arbitration.
ONTARIO
ACTS
Ambulance Act: S.O. 2006, c. 33 is now in force and the Act has been amended to reference Provincial Land Tax Act, 2006 and remove references to the previous Act.
Clean Water Act, 2006: S.O. 2006, c. 33 amends the act to reference the Provincial Land Tax Act, 2006, and remove references to the previous Act.
Smoke-Free Ontario Act: S.O. 2008, c. 12 (Bill 69) has amended the act to prohibit smoking, or having lighted tobacco in a motor vehicle while passengers under 16 years of age are present.
Workplace Safety and Insurance Act, 1997: The part of 2007, c. 7 which amends clause 162(1)(c) is now proclaimed in force. The Board of Directors must now have a minimum of seven and a maximum of nine members.
REGULATIONS
Confined Spaces (Occupational Health and Safety Act): O. Reg. 23/09 has made minor amendments to the regulation by increasing the specificity and clarity of subsections 3(2)(a), 14(c) and 19(4).
Criteria to be Used and Other Matters to be Considered by Adjudicators Under Subsection 46(6) of Act (Occupational Health and Safety Act): O. Reg. 22/09 has amended the regulation to add decisions of the Board of directors as a factor for whether a constructor or employer has demonstrated a failure to protect the health and safety of workers. The Board is to decide applications under section 46. The name of the regulation has been changed to: Criteria to be Used and Other Matters to be Considered by the Board Under Subsection 46(6) of Act.
Firefighters - Protective Equipment (Occupational Health and Safety Act): O. Reg. 24/09 has amended section 1 of the regulation by repealing and replacing the definition for firefighter.
General Regulation (Mandatory Blood Testing Act, 2006): O. Reg. 455/08 amends the regulation by adding to the classes who may apply under section 2 of the Act.
Healthcare And residential Facilities (Occupational Health and Safety Act): O. Reg. 25/09 has made minor amendments to the regulation to improve specificity and clarity . As well, several sections have been amended to reflect recent or updated legislation.
Ontario Amendments to the Canadian Electrical Code, Part I, C22.1-02 (Electricity Act, 1998): Director’s Order of August 15, 2008 replaces Rule 2-005 (An Application for Inspection Not Required) and adds Rule 2-013 (A Connection Authorization Not Required).
Safety Inspections (Highway Traffic Act): O. Reg. 42/09 adds section 11.1 regarding the validity of inspection stickers for physically-disabled passenger vehicles. The section is revoked on May 1, 2009.
Training Programs (Occupational Health and Safety Act): O. Reg. 20/09 updates the board name in section 1.
Vehicle Weights and Dimensions - for Safe, Productive and Infrastructure-Friendly Vehicles (Highway Traffic Act): O. Reg. 435/08 amends the regulation to implement vehicle weight and dimension reforms. These changes address excessive damage to provincial and municipal roads and bridges and are expected to reduce the numbers of tractor-trailer collisions, while maintaining industry productivity. Changes have been made to Schedules 1 - 13 as well as amendments to sections 4.1, 36.1 and 36.2.
PRINCE EDWARD ISLAND
ACTS
Highway Traffic Act: 2008, c. 46 (Bill 43) replaces clause 176(2)(f) (speed limit through school zone).
Off-Highway Vehicle Act: 2008, c. 54 (Bill 55) adds section 11.1 regarding liability and assumption of risk on the part of the owner or operator of an off-highway vehicle.
QUEBEC
ACTS
Act Respecting Medical Laboratories, Organ, Tissue, Gamete and Embryo Conservation and the Disposal of Human Bodies: S.Q. 2008, c. 11 amends section 69 to modernize the language used in the governance of professional bodies.
Highway Safety Code: 2007, c. 40, s. 66 is now in force. Heavy vehicles must have an active speed limiter that is set at a maximum speed of 105 km/h.
SASKATCHEWAN
REGULATIONS
Boiler and Pressure Vessel Regulations (Boiler and Pressure Vessel Act): Sask Reg. 121/2008 amends the regulation to update fees for the Fourth class power engineer, Parts A and B, in Table 11.
YUKON
ACTS
Territorial Lands (Yukon) Act: S.Y. 2008, c. 23 amends the act adding subsections 18(6) and (7). The minister may now delegate responsibilities assigned under subsection 18(1) to the Deputy Minister or other officials.
REGULATIONS
Carcross General Development Regulations (Area Development Act): O.I.C. 2008-130 adds section 34.4. O.I.C. 2008-131 amends Schedule B (not reproduced).