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04-01-2009, 08:49 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 March 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
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CANADA
REGULATIONS
Feeds Regulations, 1983 (Feeds Act): SOR/2009-18 amends the regulation to replace the definition for “specified risk material”.
Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (Motor Vehicle Safety Act): SOR/2009-32 amends the regulation to correct an omission. This amendment re-instates the record keeping requirements for imported vehicles (section 14).
Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): SOR/2009-32 amends the regulation to correct an omission. This amendment re-instates the record keeping requirements for imported vehicles (section 10). Section 114 of Schedule IV has been amended to correct errors. SOR/2009-33 amends section 115 of Schedule IV to require that Vehicle Identification Numbers (VIN) cannot be identical for vehicles manufactured, within a sixty-year period and no earlier than 1980 . These amendments also describe the required elements of a VIN. SOR/2009-34 amends section 206 of Schedule IV to delay compliance with lock testing requirements, which were published in the Canada Gazette, Part II on April 2, 2008.
Motor Vehicle Tire Safety Regulations, 1995 (Motor Vehicle Safety Act): SOR/2009-32 amends the regulation to correct an omission. This amendment re-instates the record keeping requirements for imported vehicles (section 11).
Species at Risk Act: SOR/2009-86 adds 23 species to Schedule 1, reclassifies 5 species already listed in Schedule 1 and removes one.
ALBERTA
ACTS
Traffic Safety Act: A section of 2005, c. 34 is now proclaimed in force which replaces section 24 (functions of the Alberta Transportation Safety Board).
REGULATIONS
Coal Conservation Regulation (Coal Conservation Act): Alta. Reg. 24/2009 amends sections 82 (form of security deposit) and 84 (Board taking remedial action), replaces references to the minister with “Board” in sections 82, 84 & 85, and extends the expiry date of the regulation in section 90.
Oil and Gas Conservation Regulation (Oil and Gas Conservation Act): Alta. Reg. 9/2009 replaces subsection 16.530(1) (orphan levy fund for fiscal year of the Board).
BRITISH COLUMBIA
ACTS
Environmental Management Act: S.B.C. 2008, c. 20 is partially in force. A definition for greenhouse gas has been added for the purposes of Part 6.1 (Greenhouse Gas Reduction), of the Act. Sections 76.2, 76.21 and 76.5 of the added Division 2 (Waste Management Facilities), of the new Part 6.1, are now in force. Division 2 requires the reduction of greenhouse gases from waste management facilities be managed in accordance with the regulations. Amendments to section 114 (Restraining orders) allow a restraining order to be made for the contravention of requirements relating to the control of greenhouse gases, with the exception of subsection 114(1)(g), which is not in force. Amendments to subsections 120(2) and (3) concern offences under the Act.
Forest Act: Sections of 2008, c. 20 (Bill 31) are now in force. Sections 151 is amended to clarify that regulations may be made regarding deposits and securities to ensure the performance of obligations under the Forest Act, Forest and Range Practices Act, Wildfire Act and the Forest Practices Code of British Columbia Act.
Forest and Range Practices Act: Sections of S.B.C. 2008, c. 4 (Bill 8) are now in force. Section 20.1 has been added to the Act allowing expired forest stewardship plans or woodlot licence plans to be amended where it relates to stocking standards. Amendments to section 15 clarify requirements for a forest stewardship plan are subject to the exemptions in all of section 4. Repealing 15(3) amends the Act to allow application of plan requirements to a timber sale licence for timber harvested under the Park Act.
Transportation Act: S.B.C. 2008, c. 39 consequentially amends the Act to broaden the wording of section 82.
Workers’ Compensation Act: S.B.C. 2003, c. 57 amends the Act to repeal and replace the definitions for "physician" and "qualified practitioner" to update the definitions for designated health professionals. B.C. Reg. 366/2008 updates the dollar amounts throughout the Act to reflect changes in the Consumer Price Index.
REGULATIONS
Agricultural Waste Control Regulation (Environmental Management Act): B.C. Reg. 377/2008 amends section 2 regarding exemptions. It also amends the Code of Agricultural Practice for Waste Management by replacing section 18 (restrictions relating to types of boiler and heater fuel) and adding sections 18.1 to 18.6 (regarding emission standards for boilers and heaters fuelled by biomass; testing of certain boilers and heaters fuelled by biomass; record keeping requirements for same).
Carbon Tax Regulation (Carbon Tax Act): B.C. Reg. 13/2009 amends sections 17 (exemption for non-energy uses of fuel) and 26 (refunds re non-energy uses of fuel). ../../bc/bcectx/bcrctxe0.xml
Code of Practice for the Discharge of Produced Water From Coalbed Gas Operations (Environmental Management Act): B.C. Reg. 364/2008 adds subsection 2(2) (discharge of produced water).
Drinking Water Protection Regulation (Drinking Water Protection Act): B.C. Reg. 363/2008 references the strata corporation system in sections 1 and 3.
Forest Practices Board Regulation (Forest and Range and Practices Act): B.C. 389/2008 amends the regulation to repeal and replace the definitions for “party” and significant breach”, connecting them with requirements under the Act and the Wildfire Act. Section 2 (Audit Standards) has been repealed and replaced, updating a reference to the Act and adding references to requirements under the Wildfire Act. Subsection 3(2) is amended to clarify and expand the knowledge required of an auditor. Complaints to the board may be made concerning requirements under the Wildfire Act (section 5).
Hazardous Waste Regulation (Environmental Management Act): B.C. Reg. 375/2008 amends the regulation in several areas, including: replacing “shall” by “must” throughout the regulation; introducing new definitions (including “authorized consignee”, “secure building”, “secure disposal”); replacing sections 43 (registration of hazardous waste) and 44 (Provincial Identification Number); adding section 45.1 (classification of hazardous waste).
Motor Vehicle Act Regulations (Motor Vehicle Act): B.C. Reg. 351/2008 amends the regulation to repeal and replace definitions for golf cart and utility vehicle. Division 24 (Vehicles of Unusual Size, Weight or Operating Characteristics) has been repealed and replaced. Several other amendments have been also amended to reflect the new Division 24. This division deals with vehicles such as golf cars and low and zero emission vehicles.
Pipeline Regulation (Pipeline Act): B.C. Reg. 31/2009 amends section 20 regarding fees, effective April 1, 2009.
Recycling Regulation (Environmental Management Act): B.C. Reg. 374/2008 amends Schedule 3 (now “Electronic and Electrical Product Category”). New sections 2.1 and 2.2 outline how the category is to expand on July 1, 2010 and July 1, 2012 respectively. Sections 3.1 and 3.2 are transitional. Additional amendments to Schedule 3 (not incorporated) are due to become effective July 1, 2012.
Spill Reporting Regulation (Environmental Management Act): B.C. Reg. 376/2008 replaces the Schedule (Reportable Levels for Certain Substances).
Waste Discharge Regulation (Environmental Management Act): B.C Reg. 365/2008 adds section 4.1 (exemption relating to produced water from coalbed gas operations). B.C. Reg. 377/2008 repeals subsection 3(9).
Workers Compensation Act Appeal Regulation (Workers’ Compensation Act): B.C. Reg. 421/2008 amends the regulation to replace the definitions for two types of health professionals, in section 5.
NOVA SCOTIA
REGULATIONS
Board Public Passenger Motor Carrier Act Regulations (Motor Carrier Act): N.S. Reg. 30/2009 is amended to increase third party insurance minimums to two million dollars.
Vehicle Warning Lights Regulations (Motor Vehicle Act): N.S. Reg. 37/2009 is amended to add section 8 (Flashing or revolving purple light for funeral procession) to the Act.
ONTARIO
ACTS
Highway Traffic Act: 2008, c. 17 (Bill 85) is now proclaimed in force. New section 32.1 recognizes the issuance of combined photo cards under the Photo Card Act, 2008 and provides that card holders have the same duty to carry, present, surrender or return their combined photo cards as if they were drivers' licences. New section 32.2 authorizes photo-comparison technology to compare the photographs of applicants for and holders of drivers' licences and photo cards. References in the Act to the Photo Card portion of a driver's licence are deleted to avoid confusion with the new photo cards. Administrative provisions that are in the Photo Card Act, 2008 are added to the Highway Traffic Act.
REGULATIONS
Species at Risk in Ontario List (Endangered Species Act, 2007): O. Reg. 56/09 amends the regulation to update the schedules (1-4) identifying the current species at risk.
QUEBEC
REGULATIONS
Regulation respecting the application of the Building Act (Building Act): O.C. 143-2009 adds section 3.1.0.1 (exemptions for contractors domiciled in New Brunswick) and amends section 3.1.1 (application of section for contractors domiciled in Ontario and New Brunswick).
Regulation respecting the landfilling and incineration of residual materials (Environment Quality Act): O.C. 82-2009 adds a paragraph in section 161 regarding the application of siting standards.
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CANADA
REGULATIONS
Feeds Regulations, 1983 (Feeds Act): SOR/2009-18 amends the regulation to replace the definition for “specified risk material”.
Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (Motor Vehicle Safety Act): SOR/2009-32 amends the regulation to correct an omission. This amendment re-instates the record keeping requirements for imported vehicles (section 14).
Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): SOR/2009-32 amends the regulation to correct an omission. This amendment re-instates the record keeping requirements for imported vehicles (section 10). Section 114 of Schedule IV has been amended to correct errors. SOR/2009-33 amends section 115 of Schedule IV to require that Vehicle Identification Numbers (VIN) cannot be identical for vehicles manufactured, within a sixty-year period and no earlier than 1980 . These amendments also describe the required elements of a VIN. SOR/2009-34 amends section 206 of Schedule IV to delay compliance with lock testing requirements, which were published in the Canada Gazette, Part II on April 2, 2008.
Motor Vehicle Tire Safety Regulations, 1995 (Motor Vehicle Safety Act): SOR/2009-32 amends the regulation to correct an omission. This amendment re-instates the record keeping requirements for imported vehicles (section 11).
Species at Risk Act: SOR/2009-86 adds 23 species to Schedule 1, reclassifies 5 species already listed in Schedule 1 and removes one.
ALBERTA
ACTS
Traffic Safety Act: A section of 2005, c. 34 is now proclaimed in force which replaces section 24 (functions of the Alberta Transportation Safety Board).
REGULATIONS
Coal Conservation Regulation (Coal Conservation Act): Alta. Reg. 24/2009 amends sections 82 (form of security deposit) and 84 (Board taking remedial action), replaces references to the minister with “Board” in sections 82, 84 & 85, and extends the expiry date of the regulation in section 90.
Oil and Gas Conservation Regulation (Oil and Gas Conservation Act): Alta. Reg. 9/2009 replaces subsection 16.530(1) (orphan levy fund for fiscal year of the Board).
BRITISH COLUMBIA
ACTS
Environmental Management Act: S.B.C. 2008, c. 20 is partially in force. A definition for greenhouse gas has been added for the purposes of Part 6.1 (Greenhouse Gas Reduction), of the Act. Sections 76.2, 76.21 and 76.5 of the added Division 2 (Waste Management Facilities), of the new Part 6.1, are now in force. Division 2 requires the reduction of greenhouse gases from waste management facilities be managed in accordance with the regulations. Amendments to section 114 (Restraining orders) allow a restraining order to be made for the contravention of requirements relating to the control of greenhouse gases, with the exception of subsection 114(1)(g), which is not in force. Amendments to subsections 120(2) and (3) concern offences under the Act.
Forest Act: Sections of 2008, c. 20 (Bill 31) are now in force. Sections 151 is amended to clarify that regulations may be made regarding deposits and securities to ensure the performance of obligations under the Forest Act, Forest and Range Practices Act, Wildfire Act and the Forest Practices Code of British Columbia Act.
Forest and Range Practices Act: Sections of S.B.C. 2008, c. 4 (Bill 8) are now in force. Section 20.1 has been added to the Act allowing expired forest stewardship plans or woodlot licence plans to be amended where it relates to stocking standards. Amendments to section 15 clarify requirements for a forest stewardship plan are subject to the exemptions in all of section 4. Repealing 15(3) amends the Act to allow application of plan requirements to a timber sale licence for timber harvested under the Park Act.
Transportation Act: S.B.C. 2008, c. 39 consequentially amends the Act to broaden the wording of section 82.
Workers’ Compensation Act: S.B.C. 2003, c. 57 amends the Act to repeal and replace the definitions for "physician" and "qualified practitioner" to update the definitions for designated health professionals. B.C. Reg. 366/2008 updates the dollar amounts throughout the Act to reflect changes in the Consumer Price Index.
REGULATIONS
Agricultural Waste Control Regulation (Environmental Management Act): B.C. Reg. 377/2008 amends section 2 regarding exemptions. It also amends the Code of Agricultural Practice for Waste Management by replacing section 18 (restrictions relating to types of boiler and heater fuel) and adding sections 18.1 to 18.6 (regarding emission standards for boilers and heaters fuelled by biomass; testing of certain boilers and heaters fuelled by biomass; record keeping requirements for same).
Carbon Tax Regulation (Carbon Tax Act): B.C. Reg. 13/2009 amends sections 17 (exemption for non-energy uses of fuel) and 26 (refunds re non-energy uses of fuel). ../../bc/bcectx/bcrctxe0.xml
Code of Practice for the Discharge of Produced Water From Coalbed Gas Operations (Environmental Management Act): B.C. Reg. 364/2008 adds subsection 2(2) (discharge of produced water).
Drinking Water Protection Regulation (Drinking Water Protection Act): B.C. Reg. 363/2008 references the strata corporation system in sections 1 and 3.
Forest Practices Board Regulation (Forest and Range and Practices Act): B.C. 389/2008 amends the regulation to repeal and replace the definitions for “party” and significant breach”, connecting them with requirements under the Act and the Wildfire Act. Section 2 (Audit Standards) has been repealed and replaced, updating a reference to the Act and adding references to requirements under the Wildfire Act. Subsection 3(2) is amended to clarify and expand the knowledge required of an auditor. Complaints to the board may be made concerning requirements under the Wildfire Act (section 5).
Hazardous Waste Regulation (Environmental Management Act): B.C. Reg. 375/2008 amends the regulation in several areas, including: replacing “shall” by “must” throughout the regulation; introducing new definitions (including “authorized consignee”, “secure building”, “secure disposal”); replacing sections 43 (registration of hazardous waste) and 44 (Provincial Identification Number); adding section 45.1 (classification of hazardous waste).
Motor Vehicle Act Regulations (Motor Vehicle Act): B.C. Reg. 351/2008 amends the regulation to repeal and replace definitions for golf cart and utility vehicle. Division 24 (Vehicles of Unusual Size, Weight or Operating Characteristics) has been repealed and replaced. Several other amendments have been also amended to reflect the new Division 24. This division deals with vehicles such as golf cars and low and zero emission vehicles.
Pipeline Regulation (Pipeline Act): B.C. Reg. 31/2009 amends section 20 regarding fees, effective April 1, 2009.
Recycling Regulation (Environmental Management Act): B.C. Reg. 374/2008 amends Schedule 3 (now “Electronic and Electrical Product Category”). New sections 2.1 and 2.2 outline how the category is to expand on July 1, 2010 and July 1, 2012 respectively. Sections 3.1 and 3.2 are transitional. Additional amendments to Schedule 3 (not incorporated) are due to become effective July 1, 2012.
Spill Reporting Regulation (Environmental Management Act): B.C. Reg. 376/2008 replaces the Schedule (Reportable Levels for Certain Substances).
Waste Discharge Regulation (Environmental Management Act): B.C Reg. 365/2008 adds section 4.1 (exemption relating to produced water from coalbed gas operations). B.C. Reg. 377/2008 repeals subsection 3(9).
Workers Compensation Act Appeal Regulation (Workers’ Compensation Act): B.C. Reg. 421/2008 amends the regulation to replace the definitions for two types of health professionals, in section 5.
NOVA SCOTIA
REGULATIONS
Board Public Passenger Motor Carrier Act Regulations (Motor Carrier Act): N.S. Reg. 30/2009 is amended to increase third party insurance minimums to two million dollars.
Vehicle Warning Lights Regulations (Motor Vehicle Act): N.S. Reg. 37/2009 is amended to add section 8 (Flashing or revolving purple light for funeral procession) to the Act.
ONTARIO
ACTS
Highway Traffic Act: 2008, c. 17 (Bill 85) is now proclaimed in force. New section 32.1 recognizes the issuance of combined photo cards under the Photo Card Act, 2008 and provides that card holders have the same duty to carry, present, surrender or return their combined photo cards as if they were drivers' licences. New section 32.2 authorizes photo-comparison technology to compare the photographs of applicants for and holders of drivers' licences and photo cards. References in the Act to the Photo Card portion of a driver's licence are deleted to avoid confusion with the new photo cards. Administrative provisions that are in the Photo Card Act, 2008 are added to the Highway Traffic Act.
REGULATIONS
Species at Risk in Ontario List (Endangered Species Act, 2007): O. Reg. 56/09 amends the regulation to update the schedules (1-4) identifying the current species at risk.
QUEBEC
REGULATIONS
Regulation respecting the application of the Building Act (Building Act): O.C. 143-2009 adds section 3.1.0.1 (exemptions for contractors domiciled in New Brunswick) and amends section 3.1.1 (application of section for contractors domiciled in Ontario and New Brunswick).
Regulation respecting the landfilling and incineration of residual materials (Environment Quality Act): O.C. 82-2009 adds a paragraph in section 161 regarding the application of siting standards.