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06-30-2009, 09:54 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 online, on DVD and for intranets. This is the list of amendments identified in June 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).
ALBERTA
ACTS
Public Health Act: A section of 2008, c. H-4.3 is now in force which repeals section 66.1(1) clause (g) so that no action for damages may be commenced against the Alberta Cancer Board.
REGULATIONS
Beverage Container Recycling Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 177/2008 s. 2 is now in force which repeals subsection 3(2) regarding exemptions for milk and milk containers.
Commercial Vehicle Certificate and Insurance Regulation (Traffic Safety Act): Alta. Reg. 35/2009 amends the regulation by adding Part 4.1 (Commercial Vehicle Operator Profile). In addition to some changes in terminology, sections 1.1 (Agreements), 3.1 (Safety fitness certificates under federal or provincial legislation), 64.1 (Validation of Board decisions on uncompleted transactions) have been added. In addition to others, definitions for safety fitness rating and transportation legislation have been added to regulation.
Oil and Gas Conservation Regulation (Oil and Gas Conservation Act) Alta. Reg. 85/2009 amends the regulation by adding clause 1.030(2)(g), allowing the board to impose conditions on the exemption of agents.
Oil Sands Conservation Regulation (Oil Sands Conservation Act): Alta. Reg. 83/2009 amends the regulation by adding section 1.1 (Exception - agents).
Pipeline Regulation (Pipeline Act): Alta. Reg. 84/2009 amends section 1.1(2) regarding exemptions for appointing agents.
CANADA
ACTS
Navigable Waters Protection Act: S.C. 2009, c. 2 amends this act to streamline the approval process and to clarify provisions related to obstacles and obstructions to navigation. Other amendments include the addition of administration and enforcement powers, consolidating all
offence provisions, increasing fines and requiring a review of the Act within five years of the amendments coming into force.
MANITOBA
REGULATIONS
Dwellings and Buildings Regulation (Public Health Act): Man. Reg. 33/2009 amends the regulation by implementing changes to the terminology used, including 'health hazard' instead of 'insanitary condition'. Section 1.1 (Interpretation: National Building Code) has been added to the regulation. Sections 12, 13, 20 and 21 have been repealed.
Ecological Reserves Designation Regulation (Ecological Reserves Act): Man. Reg. 62/2009 amends the regulation adding section 22 (Whitemouth Bog Ecological Reserve) to the Schedule.
Food and Food Handling Establishments Regulation (Public Health Act): Man. Reg. 32/2009 amends the regulation to reference the new Public Health Act. In addition to other amendments, sections 1.1 (The term "public health inspector" includes "health officer"), 3.1 (Temporary
establishments), 5.1 (Certificate of seizure and disposal), 22 (Storage of uninspected meat) and 27.1 (Manufacturing of ice) have been added to the regulation.
NEW BRUNSWICK
ACTS
Off-Road Vehicle Act: 2007, c. 42 is now in force which amends several sections regarding the age of drivers of off-road vehicles.
REGULATIONS
Commercial Vehicle Massing Regulation (Motor Vehicle Act): N.B. Reg. 2009-53 amends subsection 3(3) by adding the Weigh Tronix Model BMS 2512-60T as an approved stationary vehicle massing device.
Petroleum Product Storage and Handling Regulation (Clean Environment Act): S.N.B. 2002, c. 25 is now in force which repeals subsection 5(4) regarding petroleum product as a contaminant.
Water Quality Regulation (Clean Environment Act): S.N.B. 2002, c. 25 is now in force which repeals subsection 2(2) regarding sewage as a contaminant.
NEWFOUNDLAND
ACTS
Forestry Act: The section of 1990, c. F-23 (as amended by 2008, c. E-9.1) which amends section 106 is now proclaimed in force regarding provincial emergencies as a result of wild fire.
Water Resources Act: The section of 2002, c. W-4.01 (as amended by 2008, c. E-9.1) which amends subsection 35(2) is now proclaimed in force regarding technical assistance during floods or flood potential.
Workplace Health, Safety and Compensation Act: The section of 1990, c. W-11 (as amended by 2008, c. E-9.1) which amends clause 40(1)(f) is now proclaimed in force regarding the replacement of the Emergency Measures Act by the Emergency Services Act.
REGULATIONS
Heating Oil Storage Tank System Regulations, 2003 (Environmental Protection Act): N.L.R. 17/09 amends dates in sections 4(2), 6(1), 13(1)(b) and 16(2).
Environmental Control Water and Sewage Regulations, 2003 (Water Resources Act): N.L.R. 23/09 amends the regulation by repealing and replacing section 10 (Monitoring) and adding section 10.1 (Discharge standard varied by industry). Schedules C - E have been added to the
regulation as well. These amendments concern the regulation of effluent in the metal mining, pulp and paper, and petroleum refining industries.
NOVA SCOTIA
ACTS
Labour Standards Code: 2007, c. 11 (Bill 163), now proclaimed in force, amends clause 72(3)(f) regarding age of retirement established by the employer on the basis of a bona fide occupational requirement for the position.
REGULATIONS
Crane Operators Regulation (Crane Operators and Power Engineers Act): N.S. Reg. 93/2009 amends the regulation to update the fees outlined in the attached Schedule.
Commercial Carrier Safety Fitness Rating and Compliance Regulation (Motor Vehicle Act): N.S. Reg. 126/2009 amends the regulation to update fees.
Electrical Code Regulations (Electrical Installation and Inspection Act). N.S. Reg. 98/2009 amends the regulation to update fees in section 5.
Elevator and Lifts General Regulations (Elevators and Lifts Act): N.S. 99/2009 amends Schedule A to update the prescribed fees.
Fire Safety Regulations (Fire Safety Act): N.S. Reg. 103/2009 amends the fees in sections 12, 15 and 23.
Food Safety Regulations (Health Protection Act): N.S. Reg. 114/2009 amends the fees for food establishment permits and for consultant inspection services.
Forest Fire Protection Regulations (Forests Act): N.S. Reg. 109/2009 amends the fees for permits to burn.
Fuel Safety Regulations (Fire Safety Act): N.S. Reg. 104/2009 amends the regulation to repeal and replace Part 4 (Fees).
Gas Plant Facility Regulations (Energy Resources Conservation Act): N.S. Reg. 101/2009 amends the fees outlined in section 12.
Mineral Resources Regulations (Mineral Resources Act): N.S. Reg. 123/2009 amends section 70 regarding fees.
Onshore Petroleum Geophysical Exploration Regulations (Energy Resources Conservation Act): N.S. Reg. 102/2009 amends the fees for an application for an Authority to Explore.
Power Engineers Regulation (Crane Operators and Power Engineers Act): N.S. Reg. 94/2009 amends Schedule 1 to update fees.
Underground Hydrocarbons Storage Regulations (Underground Hydrocarbons Storage Act): N.S. Reg. 159/2009 amends the fees in subsections 7(6) and 13(1) and (2).
Vehicle Inspection Regulations (Motor Vehicle Act): N.S. Reg. 49/2009, ss. 3, 6, 7 and 8 now in force amending ss. 18, 28, 29 and 47. N.S. Reg. 139/2009 amends sections 9, 13, 25, 31 and 37 to update fees.
ONTARIO
ACTS
Building Code Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act to establish the Building Code Energy Advisory Council. A review of the building code will be initiated.
Conservation Authorities Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act by adding subsection 28(13) to streamline the permission policies for development of renewable energy projects, as defined by the Green Energy Act, 2009.
Provincial Parks and Conservation Reserves Act, 2006: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends section 19 (Exception, existing hydro-electricity generation sites) of the act.. Section 21 (Conditions for approval) has been repealed and replaced.
Public Lands Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act to add section 69.1 (Compliance with agreement or permit).
Public Vehicles Act: S.O. 2009, c. 4 amends the act to reflect that public vehicles and taxi does not include a carpool vehicle. The definition of a carpool vehicle has been repealed. Subsections 1(2) - (5) have been added to the act to reflect that a public vehicle and taxicab will not include certain vehicles, including those where no fee is charged and where accepting passengers is incidental to the driver's purpose, as well as other conditions outlined.
Niagra Escarpment and Development Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends section 19 (Statutory amendment to Plan) repealing and replacing the definition of utility in the Niagara Escarpment Plan.
REGULATIONS
Lake Simcoe Protection (Ontario Water Resources Act): The final Lake Simcoe Protection Plan has been released. O. Reg. 130/09 has been amended to promote sustainable growth in communities in the Lake Simcoe watershed. Sections 2, 4 and 5 have been amended while section 3 has been repealed.
Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge (Rev. Dec. 2007). The revisions reflect changes to Ontario's air monitoring and reporting program. The changes streamline the reporting requirements in order to harmonize with the federal National Pollutants Release Inventory (NPRI) program. One of the main impacts has been to reduce the number of contaminants listed in Tables 2A and 2B.
Used Tires (Waste Diversion Act): O. Reg. 157/09 amends the regulation to add sections 3-7. The Ontario Tire Stewardship is continued under the regulation and is designated as the industry funding organization for waste diversion of used tires. The new sections also outline its governance structure and obligations under the Corporations Act.
PRINCE EDWARD ISLAND
REGULATIONS
Elevators and Lifts Act Regulations (Elevators and Lifts Act): EC2009-221 amends the regulation to add subsection (5) to section 2 (Application of CSA regulations). This subsection adopts CSA Standard CAN/CSA-Z271-98.
QUEBEC
REGULATIONS
Regulation respecting medical aid (An Act respecting industrial accidents and occupational diseases): O.C. 368-2009 amends the fees in Schedule I for individual treatments of occupational and physiotherapy.
SASKATCHEWAN
REGULATIONS
Occupational Health and Safety Regulations, 1996 (Occupational Health and Safety Act, 1993): Sask. Reg. 109/2008 replaces section 77 regarding smoking.
Sanitation Regulations (Public Health Act, 1994): Sask. Reg. 47/2009 repeals subsection 2(6) (food vending machines), section 17 (buildings where food is manufactured) and sections 32 - 44 (food, water and ice, food vending machines and frozen food locker plants.
Saskatchewan Watershed Authority Regulations (Saskatchewan Watershed Authority Act, 2005): Sask. Reg. 49/2009 replaces tables 3 and 4 in the appendix regarding industrial water use charges and low consumptive use discounts.
YUKON
REGULATIONS
Carcross General Development Regulations (Area Development Act): O.I.C. 2009/60 adds the definition of "guest dwelling" to subsection 4(1) and adds subsection 32(6).
Interim Whitehorse Periphery Development Area Regulations (Area Development Act): O.I.C. 2008/154 adds Appendix F regarding zoning of land called Lease 105 D/11-034C.
Waters Regulation (Waters Act): O.I.C. 2009/29 amends schedules 5, 8, 9 and 10 regarding licensing criteria.
ALBERTA
ACTS
Public Health Act: A section of 2008, c. H-4.3 is now in force which repeals section 66.1(1) clause (g) so that no action for damages may be commenced against the Alberta Cancer Board.
REGULATIONS
Beverage Container Recycling Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 177/2008 s. 2 is now in force which repeals subsection 3(2) regarding exemptions for milk and milk containers.
Commercial Vehicle Certificate and Insurance Regulation (Traffic Safety Act): Alta. Reg. 35/2009 amends the regulation by adding Part 4.1 (Commercial Vehicle Operator Profile). In addition to some changes in terminology, sections 1.1 (Agreements), 3.1 (Safety fitness certificates under federal or provincial legislation), 64.1 (Validation of Board decisions on uncompleted transactions) have been added. In addition to others, definitions for safety fitness rating and transportation legislation have been added to regulation.
Oil and Gas Conservation Regulation (Oil and Gas Conservation Act) Alta. Reg. 85/2009 amends the regulation by adding clause 1.030(2)(g), allowing the board to impose conditions on the exemption of agents.
Oil Sands Conservation Regulation (Oil Sands Conservation Act): Alta. Reg. 83/2009 amends the regulation by adding section 1.1 (Exception - agents).
Pipeline Regulation (Pipeline Act): Alta. Reg. 84/2009 amends section 1.1(2) regarding exemptions for appointing agents.
CANADA
ACTS
Navigable Waters Protection Act: S.C. 2009, c. 2 amends this act to streamline the approval process and to clarify provisions related to obstacles and obstructions to navigation. Other amendments include the addition of administration and enforcement powers, consolidating all
offence provisions, increasing fines and requiring a review of the Act within five years of the amendments coming into force.
MANITOBA
REGULATIONS
Dwellings and Buildings Regulation (Public Health Act): Man. Reg. 33/2009 amends the regulation by implementing changes to the terminology used, including 'health hazard' instead of 'insanitary condition'. Section 1.1 (Interpretation: National Building Code) has been added to the regulation. Sections 12, 13, 20 and 21 have been repealed.
Ecological Reserves Designation Regulation (Ecological Reserves Act): Man. Reg. 62/2009 amends the regulation adding section 22 (Whitemouth Bog Ecological Reserve) to the Schedule.
Food and Food Handling Establishments Regulation (Public Health Act): Man. Reg. 32/2009 amends the regulation to reference the new Public Health Act. In addition to other amendments, sections 1.1 (The term "public health inspector" includes "health officer"), 3.1 (Temporary
establishments), 5.1 (Certificate of seizure and disposal), 22 (Storage of uninspected meat) and 27.1 (Manufacturing of ice) have been added to the regulation.
NEW BRUNSWICK
ACTS
Off-Road Vehicle Act: 2007, c. 42 is now in force which amends several sections regarding the age of drivers of off-road vehicles.
REGULATIONS
Commercial Vehicle Massing Regulation (Motor Vehicle Act): N.B. Reg. 2009-53 amends subsection 3(3) by adding the Weigh Tronix Model BMS 2512-60T as an approved stationary vehicle massing device.
Petroleum Product Storage and Handling Regulation (Clean Environment Act): S.N.B. 2002, c. 25 is now in force which repeals subsection 5(4) regarding petroleum product as a contaminant.
Water Quality Regulation (Clean Environment Act): S.N.B. 2002, c. 25 is now in force which repeals subsection 2(2) regarding sewage as a contaminant.
NEWFOUNDLAND
ACTS
Forestry Act: The section of 1990, c. F-23 (as amended by 2008, c. E-9.1) which amends section 106 is now proclaimed in force regarding provincial emergencies as a result of wild fire.
Water Resources Act: The section of 2002, c. W-4.01 (as amended by 2008, c. E-9.1) which amends subsection 35(2) is now proclaimed in force regarding technical assistance during floods or flood potential.
Workplace Health, Safety and Compensation Act: The section of 1990, c. W-11 (as amended by 2008, c. E-9.1) which amends clause 40(1)(f) is now proclaimed in force regarding the replacement of the Emergency Measures Act by the Emergency Services Act.
REGULATIONS
Heating Oil Storage Tank System Regulations, 2003 (Environmental Protection Act): N.L.R. 17/09 amends dates in sections 4(2), 6(1), 13(1)(b) and 16(2).
Environmental Control Water and Sewage Regulations, 2003 (Water Resources Act): N.L.R. 23/09 amends the regulation by repealing and replacing section 10 (Monitoring) and adding section 10.1 (Discharge standard varied by industry). Schedules C - E have been added to the
regulation as well. These amendments concern the regulation of effluent in the metal mining, pulp and paper, and petroleum refining industries.
NOVA SCOTIA
ACTS
Labour Standards Code: 2007, c. 11 (Bill 163), now proclaimed in force, amends clause 72(3)(f) regarding age of retirement established by the employer on the basis of a bona fide occupational requirement for the position.
REGULATIONS
Crane Operators Regulation (Crane Operators and Power Engineers Act): N.S. Reg. 93/2009 amends the regulation to update the fees outlined in the attached Schedule.
Commercial Carrier Safety Fitness Rating and Compliance Regulation (Motor Vehicle Act): N.S. Reg. 126/2009 amends the regulation to update fees.
Electrical Code Regulations (Electrical Installation and Inspection Act). N.S. Reg. 98/2009 amends the regulation to update fees in section 5.
Elevator and Lifts General Regulations (Elevators and Lifts Act): N.S. 99/2009 amends Schedule A to update the prescribed fees.
Fire Safety Regulations (Fire Safety Act): N.S. Reg. 103/2009 amends the fees in sections 12, 15 and 23.
Food Safety Regulations (Health Protection Act): N.S. Reg. 114/2009 amends the fees for food establishment permits and for consultant inspection services.
Forest Fire Protection Regulations (Forests Act): N.S. Reg. 109/2009 amends the fees for permits to burn.
Fuel Safety Regulations (Fire Safety Act): N.S. Reg. 104/2009 amends the regulation to repeal and replace Part 4 (Fees).
Gas Plant Facility Regulations (Energy Resources Conservation Act): N.S. Reg. 101/2009 amends the fees outlined in section 12.
Mineral Resources Regulations (Mineral Resources Act): N.S. Reg. 123/2009 amends section 70 regarding fees.
Onshore Petroleum Geophysical Exploration Regulations (Energy Resources Conservation Act): N.S. Reg. 102/2009 amends the fees for an application for an Authority to Explore.
Power Engineers Regulation (Crane Operators and Power Engineers Act): N.S. Reg. 94/2009 amends Schedule 1 to update fees.
Underground Hydrocarbons Storage Regulations (Underground Hydrocarbons Storage Act): N.S. Reg. 159/2009 amends the fees in subsections 7(6) and 13(1) and (2).
Vehicle Inspection Regulations (Motor Vehicle Act): N.S. Reg. 49/2009, ss. 3, 6, 7 and 8 now in force amending ss. 18, 28, 29 and 47. N.S. Reg. 139/2009 amends sections 9, 13, 25, 31 and 37 to update fees.
ONTARIO
ACTS
Building Code Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act to establish the Building Code Energy Advisory Council. A review of the building code will be initiated.
Conservation Authorities Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act by adding subsection 28(13) to streamline the permission policies for development of renewable energy projects, as defined by the Green Energy Act, 2009.
Provincial Parks and Conservation Reserves Act, 2006: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends section 19 (Exception, existing hydro-electricity generation sites) of the act.. Section 21 (Conditions for approval) has been repealed and replaced.
Public Lands Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends the act to add section 69.1 (Compliance with agreement or permit).
Public Vehicles Act: S.O. 2009, c. 4 amends the act to reflect that public vehicles and taxi does not include a carpool vehicle. The definition of a carpool vehicle has been repealed. Subsections 1(2) - (5) have been added to the act to reflect that a public vehicle and taxicab will not include certain vehicles, including those where no fee is charged and where accepting passengers is incidental to the driver's purpose, as well as other conditions outlined.
Niagra Escarpment and Development Act: S.O. 2009, c. 12 (The Green Energy and Green Economy Act, 2009) amends section 19 (Statutory amendment to Plan) repealing and replacing the definition of utility in the Niagara Escarpment Plan.
REGULATIONS
Lake Simcoe Protection (Ontario Water Resources Act): The final Lake Simcoe Protection Plan has been released. O. Reg. 130/09 has been amended to promote sustainable growth in communities in the Lake Simcoe watershed. Sections 2, 4 and 5 have been amended while section 3 has been repealed.
Step by Step Guideline for Emission Calculation, Record Keeping and Reporting for Airborne Contaminant Discharge (Rev. Dec. 2007). The revisions reflect changes to Ontario's air monitoring and reporting program. The changes streamline the reporting requirements in order to harmonize with the federal National Pollutants Release Inventory (NPRI) program. One of the main impacts has been to reduce the number of contaminants listed in Tables 2A and 2B.
Used Tires (Waste Diversion Act): O. Reg. 157/09 amends the regulation to add sections 3-7. The Ontario Tire Stewardship is continued under the regulation and is designated as the industry funding organization for waste diversion of used tires. The new sections also outline its governance structure and obligations under the Corporations Act.
PRINCE EDWARD ISLAND
REGULATIONS
Elevators and Lifts Act Regulations (Elevators and Lifts Act): EC2009-221 amends the regulation to add subsection (5) to section 2 (Application of CSA regulations). This subsection adopts CSA Standard CAN/CSA-Z271-98.
QUEBEC
REGULATIONS
Regulation respecting medical aid (An Act respecting industrial accidents and occupational diseases): O.C. 368-2009 amends the fees in Schedule I for individual treatments of occupational and physiotherapy.
SASKATCHEWAN
REGULATIONS
Occupational Health and Safety Regulations, 1996 (Occupational Health and Safety Act, 1993): Sask. Reg. 109/2008 replaces section 77 regarding smoking.
Sanitation Regulations (Public Health Act, 1994): Sask. Reg. 47/2009 repeals subsection 2(6) (food vending machines), section 17 (buildings where food is manufactured) and sections 32 - 44 (food, water and ice, food vending machines and frozen food locker plants.
Saskatchewan Watershed Authority Regulations (Saskatchewan Watershed Authority Act, 2005): Sask. Reg. 49/2009 replaces tables 3 and 4 in the appendix regarding industrial water use charges and low consumptive use discounts.
YUKON
REGULATIONS
Carcross General Development Regulations (Area Development Act): O.I.C. 2009/60 adds the definition of "guest dwelling" to subsection 4(1) and adds subsection 32(6).
Interim Whitehorse Periphery Development Area Regulations (Area Development Act): O.I.C. 2008/154 adds Appendix F regarding zoning of land called Lease 105 D/11-034C.
Waters Regulation (Waters Act): O.I.C. 2009/29 amends schedules 5, 8, 9 and 10 regarding licensing criteria.