admin
07-31-2009, 04:15 PM
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 July 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
-----------------------------------
ALBERTA
REGULATIONS
Commercial Vehicle Certificate And Insurance Regulation (Traffic Safety Act): Alta. Reg.
121/2009 amends the regulation to reflect the creation of the new Commercial Vehicle Safety
Regulation. Section 18 (Exceptional transportation of passengers) has been repealed. Section
26.1 (Passenger hazard insurance for school bus) has been added.
Commercial Vehicle Dimension and Weight Regulation (Traffic Safety Act): Alta. Reg.
121/2009 amends the regulation. Amongst other changes, section 13 (Licence of occupation
road) has been repealed and replaced.
Oil Sands Conservation Regulation (Oil Sands Conservation Act): Alta. Reg. 93/2009 amends
the regulation to reference Directive 074 (Tailings Performance Criteria and Requirements for
Oil Sands Mining Schemes). Sections 24.1 (Storage and disposal), 28.1 (Dedicated disposal area
plan) and 32.1 (Other reports) have been added and section 47 (In situ scheme reports) has been
repealed and replaced.
Pressure Welders Regulation (Safety Codes Act): Alta. Reg. 79/2009 amends the regulation by
repealing and replacing section 12 (Grade C equivalents) and parts of sections 8 (Expiry dates), 9
(Qualifications, Examinations and Equivalencies), 10 (Grade C certificate examination) and 21.
Section 9.1 (Grade C equivalents) has been added.
BRITISH COLUMBIA
ACTS
Agricultural Land Commission Act: S.B.C. 2007, c. 36 is now in
force, as far as the Agricultural Land Commission Act is concerned. The definitions for "first
nation government" and "law" and "proposed settlement lands" and "settlement lands" have been
added or added. These definitions refer to 'treaty first nations' and use the term "settlement
lands instead of treaty settlement lands" Consequential amendments have been made throughout
as a result of these changes. Sections 15 and 17 have been amended to require the consent of a
treaty first nation concerning change to designations of its agricultural lands where the final
agreement of the treaty first nation provides for this consent.
Drinking Water Protection Act: S.B.C. 2008, c. 28 amends the act to reference the new Public
Health Act throughout.
Environmental Assessment Act: S.B.C. 2007, c. 36 is now in
force, as far as the Environmental Assessment Act is concerned. Sections 8.1 (Reviewable
projects on treaty lands) and 29.1 (Agreements and consultations with treaty first nations) have
been added to the act.
Environmental Management Act: S.B.C. 2007, c. 36 amends the Act to incorporate language
recognizing the powers and authority of treaty first nations. Section 48 is amended to provide a
treaty first nation as well as its employees and members with the same immunities, and
exceptions, in relation to contaminated soil, as possessed by municipalities. S.B.C. 2008, c. 28
amends section 13 to reference the new Public Health Act.
Health Act: S.B.C. 2008, c. 28 amends the act by repealing sections 1 _ 8 and 11 _ 115 as a
consequence of the new Public Health Act.
Heritage Conservation Act: S.B.C. 2007, c. 36 is now in force, as far as the Heritage
Conservation Act is concerned. Sections 8.1 (Application of Act to treaty lands) and 32.1 (Notice
of heritage status in relation to treaty lands) have been added to the act.
Land Act: S.B.C. 2007, c. 36 is now in force as it relates to the Land Act. Section 77.1 (Treaty
lands _ survey instructions) has been added to the act.
Motor Vehicle Act: S.B.C. 2008, c. 22 amends the act to prohibit smoking in cars while children
under the age of 16 are present.
Petroleum and Natural Gas Act: S.B.C. 2007, c. 36 amends the Act to add section 80.2 (Treaty
first nation exemption).
Protected Areas of British Columbia Act: Section 155.1 of S.B.C. 2007, c. 36 is now in force.
Schedules A and C are amended by the repealing and replacing the descriptions of Checleset
Bay Ecological Reserve, Big Bunsby Marine Park, Brooks Peninsula Park and Tahsish_kwois
Park. S.B.C. 2008, c. 26 amends Schedule to establish Sea to Sky Conservancy 1 and 2 as new
conservancies.
Water Act: S.B.C. 2007, c. 36 is now in force, as far as the Water Act is concerned. Section
44.01 (Treaty first nation water reservations) has been added to the act.
Wildfire Act: S.B.C. 2008, c. 4 amends the act to repeal and replace section 4 (Use of open fires _
application). Amendments to section 69 establish who has authority to make regulations
regarding section 4 of the act.
Workers Compensation Act: S.B.C. 2008 c. 28 amends the act by repealing references to the
Health Act and replacing them with references to the new Public Health Act.
REGULATIONS
Food Premises Regulation (Health Act): B.C. Reg. 49/2009 repeals subsection 8(5) and section
9.
Ground Water Protection Regulation (Drinking Water Protection Act): B.C. Reg. 91/2009
amends sections dealing with well drillers and pump installers. Sections 3 and 4 dealing with
registration of qualified well drillers and pump installers respectively have been repealed and
replaced.
Industrial Camps Health Regulation (Health Act): B.C. Reg. 49/2009 repeals sections 28 and 29.
Wildfire Regulation (Wildfire Act): B.C. Reg. 70/2009 repeals and replaces section 3
(Application of this regulation). Sections 2.1 (Prescribed municipalities), 2.2 (Prescribed criteria
for bylaw) and 2.3 (Prescribed circumstances respecting private managed forest land) have been
added to the regulation.
CANADA
ACTS
Canada Shipping Act, 2001: SOR/2009_154 amends schedule 1 by adding items 24.1, 30.1 and
30.2.
Transportation of Dangerous Goods Act, 1992: 2009, c. 9 is in force (except s. 5) which
introduces extensive amendments in two categories: new security requirements and safety
amendments. These amendments include the following: (a) requirements for security plans and
security training; (b) a requirement that prescribed persons must hold transportation security
clearances to transport dangerous goods, and the establishment of regulatory authority in relation
to appeals and reviews of any decision in respect of those clearances; (c) the creation of a choice
of instruments _ regulations, security measures and interim orders _ to govern security in relation
to dangerous goods; (d) the use of industry emergency response assistance plans approved by
Transport Canada to respond to an actual or apprehended release of dangerous goods during their
transportation; (e) the establishment of regulatory authority to require that dangerous goods be
tracked during transport or reported if lost or stolen; (f) clarification of the Act to ensure that it is
applicable uniformly throughout Canada, including to local works and undertakings; (g)
reinforcement and strengthening of the Emergency Response Assistance Plan Program; and (h)
authority for inspectors to inspect any place in which standardized means of containment are
being manufactured, repaired or tested.
REGULATIONS
Canada Occupational Health and Safety Regulations (Canada Labour Code (Part II _ Occupational Safety and Health): SOR/2009_147 updates and clarifies
existing wording in the regulations and aligns the English and French versions.
Exclusion List Regulations, 2007 (Canadian Environmental Assessment Act): SOR/2009_131 amends s. 5 and schedule 4 of the regulations
to extend the applicability of Schedule 4.
Infrastructure Projects Environmental Assessment Adaptation Regulations (Canadian Environmental Assessment Act): SOR/2009_132
amends subsection 2(1) and is impacted by the amendment to the Exclusion List Regulations,
2007 above regarding the exclusion of infrastructure projects from requiring a federal
environmental assessment.
Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): SOR/2009_121 clarifies and updates the requirements of four
Canadian safety standards regarding occupant protection: standards 203 (Driver Impact
Protection), 204 (Steering Column Rearward Displacement), 212 (Windshield Mounting) and
219 (Windshield Zone Intrusion)and further aligns these Canadian requirements with those of the
United States. SOR/2009_122 amends section 202 (Head Restraints) of Schedule IV to provide
improved protection from neck injuries during collisions. SOR/2008_229 s.s. 3(2) _ (5) are in
force amends s. 500 by introducing requirements for a slow_moving vehicle emblem to be
permanently marked on low_speed vehicles.
NORTHWEST TERRITORIES
ACTS
Transportation of Dangerous Goods Act: 2009, c. 12 makes minor changes to wording in s. 61
regarding municipal bylaws.
Workers' Compensation Act: 2009, c. 12 corrects inconsistencies in subsections 65(15) (French),
147(2)(c), the title of Part 8 and repeals ss. 177 _ 179 and the schedule.
REGULATIONS
Territorial Parks Regulations (Territorial Parks Act): R_050_2009 makes several amendments regarding extended stay
campsite permits, commercial use and picnic shelter permits and updates the forms and fees in
schedules C and D.
ONTARIO
REGULATIONS
Air Pollution _ Local Air Quality (Environmental Protection Act): O. Reg. 167/09 amends the
regulation by updating section 20.2 to refer to O. Reg. 63/09 (General), which has been recently
enacted under the Pesticides Act.
Classification of Proposals for Instruments (Environmental Bill of Rights, 1993): O. Reg. 166/09
repeals and replaces section 4 (CLASS I PROPOSALS PESTICIDES ACT).
QUEBEC
ACTS
An Act respecting industrial accidents and occupational diseases: 2009, c. 19, ss. 1_6, 8_11 and
28 are now in force which adds ss. 81.1 and 101.1, makes monetary adjustments to ss. 100, 110,
and 111 amends s. 315 regarding payment of employer assessments, and changes the heading to
schedule III.
Highway Safety Code: 2007, c. 40, s. 67 is now in force which adds s. 519.46.1 regarding fines
for heavy vehicles not being equipped with properly working speed limiters.
SASKATCHEWAN
ACTS
Pipelines Act, 1998: S.S. 2009, c. 24 amends ss. 2, 7, 14, 22 and 26 to change the wording from
"department" to "ministry" and update the definition of "pipeline" in subsection 2(j).
Traffic Safety Act: S.S. 2009, c. 2 amends s. 238 (emergency vehicles) and s. 287 (regulations)
regarding how emergency vehicles are to be operated. S.S. 2009, c. 30 amends s. 203 relating to
warning lights on highway equipment. S.S. 2009, c. S_46.002 amends subsection 186(3)(b)
regarding cases where money or motor vehicles are forfeited.
Wildlife Habitat Protection Act: S.S. 2009, c. 33 amends the schedule (items 1062(k), 1072(a),
1163(a.1) and 1453(e).
Workers' Compensation Act, 1979: S.S. 2009, c. 17 is in force which amends s. 165 and s. 181, adds s.
165.1 regarding enforcement of maintenance orders.
REGULATIONS
Occupational Health and Safety Regulations, 1996 (Occupational Health and Safety Act, 1993): Sask. Reg. 54/2009 amends Sask. Reg.
109/2009 by replacing subsection 77(4) of the regulations regarding smoking in enclosed work_related areas.
Wildlife Habitat Lands Designation Regulations (Wildlife Habitat Protection Act): S.S. 2009, c. 33 repeals item 3 of the appendix.
-----------------------------------
ALBERTA
REGULATIONS
Commercial Vehicle Certificate And Insurance Regulation (Traffic Safety Act): Alta. Reg.
121/2009 amends the regulation to reflect the creation of the new Commercial Vehicle Safety
Regulation. Section 18 (Exceptional transportation of passengers) has been repealed. Section
26.1 (Passenger hazard insurance for school bus) has been added.
Commercial Vehicle Dimension and Weight Regulation (Traffic Safety Act): Alta. Reg.
121/2009 amends the regulation. Amongst other changes, section 13 (Licence of occupation
road) has been repealed and replaced.
Oil Sands Conservation Regulation (Oil Sands Conservation Act): Alta. Reg. 93/2009 amends
the regulation to reference Directive 074 (Tailings Performance Criteria and Requirements for
Oil Sands Mining Schemes). Sections 24.1 (Storage and disposal), 28.1 (Dedicated disposal area
plan) and 32.1 (Other reports) have been added and section 47 (In situ scheme reports) has been
repealed and replaced.
Pressure Welders Regulation (Safety Codes Act): Alta. Reg. 79/2009 amends the regulation by
repealing and replacing section 12 (Grade C equivalents) and parts of sections 8 (Expiry dates), 9
(Qualifications, Examinations and Equivalencies), 10 (Grade C certificate examination) and 21.
Section 9.1 (Grade C equivalents) has been added.
BRITISH COLUMBIA
ACTS
Agricultural Land Commission Act: S.B.C. 2007, c. 36 is now in
force, as far as the Agricultural Land Commission Act is concerned. The definitions for "first
nation government" and "law" and "proposed settlement lands" and "settlement lands" have been
added or added. These definitions refer to 'treaty first nations' and use the term "settlement
lands instead of treaty settlement lands" Consequential amendments have been made throughout
as a result of these changes. Sections 15 and 17 have been amended to require the consent of a
treaty first nation concerning change to designations of its agricultural lands where the final
agreement of the treaty first nation provides for this consent.
Drinking Water Protection Act: S.B.C. 2008, c. 28 amends the act to reference the new Public
Health Act throughout.
Environmental Assessment Act: S.B.C. 2007, c. 36 is now in
force, as far as the Environmental Assessment Act is concerned. Sections 8.1 (Reviewable
projects on treaty lands) and 29.1 (Agreements and consultations with treaty first nations) have
been added to the act.
Environmental Management Act: S.B.C. 2007, c. 36 amends the Act to incorporate language
recognizing the powers and authority of treaty first nations. Section 48 is amended to provide a
treaty first nation as well as its employees and members with the same immunities, and
exceptions, in relation to contaminated soil, as possessed by municipalities. S.B.C. 2008, c. 28
amends section 13 to reference the new Public Health Act.
Health Act: S.B.C. 2008, c. 28 amends the act by repealing sections 1 _ 8 and 11 _ 115 as a
consequence of the new Public Health Act.
Heritage Conservation Act: S.B.C. 2007, c. 36 is now in force, as far as the Heritage
Conservation Act is concerned. Sections 8.1 (Application of Act to treaty lands) and 32.1 (Notice
of heritage status in relation to treaty lands) have been added to the act.
Land Act: S.B.C. 2007, c. 36 is now in force as it relates to the Land Act. Section 77.1 (Treaty
lands _ survey instructions) has been added to the act.
Motor Vehicle Act: S.B.C. 2008, c. 22 amends the act to prohibit smoking in cars while children
under the age of 16 are present.
Petroleum and Natural Gas Act: S.B.C. 2007, c. 36 amends the Act to add section 80.2 (Treaty
first nation exemption).
Protected Areas of British Columbia Act: Section 155.1 of S.B.C. 2007, c. 36 is now in force.
Schedules A and C are amended by the repealing and replacing the descriptions of Checleset
Bay Ecological Reserve, Big Bunsby Marine Park, Brooks Peninsula Park and Tahsish_kwois
Park. S.B.C. 2008, c. 26 amends Schedule to establish Sea to Sky Conservancy 1 and 2 as new
conservancies.
Water Act: S.B.C. 2007, c. 36 is now in force, as far as the Water Act is concerned. Section
44.01 (Treaty first nation water reservations) has been added to the act.
Wildfire Act: S.B.C. 2008, c. 4 amends the act to repeal and replace section 4 (Use of open fires _
application). Amendments to section 69 establish who has authority to make regulations
regarding section 4 of the act.
Workers Compensation Act: S.B.C. 2008 c. 28 amends the act by repealing references to the
Health Act and replacing them with references to the new Public Health Act.
REGULATIONS
Food Premises Regulation (Health Act): B.C. Reg. 49/2009 repeals subsection 8(5) and section
9.
Ground Water Protection Regulation (Drinking Water Protection Act): B.C. Reg. 91/2009
amends sections dealing with well drillers and pump installers. Sections 3 and 4 dealing with
registration of qualified well drillers and pump installers respectively have been repealed and
replaced.
Industrial Camps Health Regulation (Health Act): B.C. Reg. 49/2009 repeals sections 28 and 29.
Wildfire Regulation (Wildfire Act): B.C. Reg. 70/2009 repeals and replaces section 3
(Application of this regulation). Sections 2.1 (Prescribed municipalities), 2.2 (Prescribed criteria
for bylaw) and 2.3 (Prescribed circumstances respecting private managed forest land) have been
added to the regulation.
CANADA
ACTS
Canada Shipping Act, 2001: SOR/2009_154 amends schedule 1 by adding items 24.1, 30.1 and
30.2.
Transportation of Dangerous Goods Act, 1992: 2009, c. 9 is in force (except s. 5) which
introduces extensive amendments in two categories: new security requirements and safety
amendments. These amendments include the following: (a) requirements for security plans and
security training; (b) a requirement that prescribed persons must hold transportation security
clearances to transport dangerous goods, and the establishment of regulatory authority in relation
to appeals and reviews of any decision in respect of those clearances; (c) the creation of a choice
of instruments _ regulations, security measures and interim orders _ to govern security in relation
to dangerous goods; (d) the use of industry emergency response assistance plans approved by
Transport Canada to respond to an actual or apprehended release of dangerous goods during their
transportation; (e) the establishment of regulatory authority to require that dangerous goods be
tracked during transport or reported if lost or stolen; (f) clarification of the Act to ensure that it is
applicable uniformly throughout Canada, including to local works and undertakings; (g)
reinforcement and strengthening of the Emergency Response Assistance Plan Program; and (h)
authority for inspectors to inspect any place in which standardized means of containment are
being manufactured, repaired or tested.
REGULATIONS
Canada Occupational Health and Safety Regulations (Canada Labour Code (Part II _ Occupational Safety and Health): SOR/2009_147 updates and clarifies
existing wording in the regulations and aligns the English and French versions.
Exclusion List Regulations, 2007 (Canadian Environmental Assessment Act): SOR/2009_131 amends s. 5 and schedule 4 of the regulations
to extend the applicability of Schedule 4.
Infrastructure Projects Environmental Assessment Adaptation Regulations (Canadian Environmental Assessment Act): SOR/2009_132
amends subsection 2(1) and is impacted by the amendment to the Exclusion List Regulations,
2007 above regarding the exclusion of infrastructure projects from requiring a federal
environmental assessment.
Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): SOR/2009_121 clarifies and updates the requirements of four
Canadian safety standards regarding occupant protection: standards 203 (Driver Impact
Protection), 204 (Steering Column Rearward Displacement), 212 (Windshield Mounting) and
219 (Windshield Zone Intrusion)and further aligns these Canadian requirements with those of the
United States. SOR/2009_122 amends section 202 (Head Restraints) of Schedule IV to provide
improved protection from neck injuries during collisions. SOR/2008_229 s.s. 3(2) _ (5) are in
force amends s. 500 by introducing requirements for a slow_moving vehicle emblem to be
permanently marked on low_speed vehicles.
NORTHWEST TERRITORIES
ACTS
Transportation of Dangerous Goods Act: 2009, c. 12 makes minor changes to wording in s. 61
regarding municipal bylaws.
Workers' Compensation Act: 2009, c. 12 corrects inconsistencies in subsections 65(15) (French),
147(2)(c), the title of Part 8 and repeals ss. 177 _ 179 and the schedule.
REGULATIONS
Territorial Parks Regulations (Territorial Parks Act): R_050_2009 makes several amendments regarding extended stay
campsite permits, commercial use and picnic shelter permits and updates the forms and fees in
schedules C and D.
ONTARIO
REGULATIONS
Air Pollution _ Local Air Quality (Environmental Protection Act): O. Reg. 167/09 amends the
regulation by updating section 20.2 to refer to O. Reg. 63/09 (General), which has been recently
enacted under the Pesticides Act.
Classification of Proposals for Instruments (Environmental Bill of Rights, 1993): O. Reg. 166/09
repeals and replaces section 4 (CLASS I PROPOSALS PESTICIDES ACT).
QUEBEC
ACTS
An Act respecting industrial accidents and occupational diseases: 2009, c. 19, ss. 1_6, 8_11 and
28 are now in force which adds ss. 81.1 and 101.1, makes monetary adjustments to ss. 100, 110,
and 111 amends s. 315 regarding payment of employer assessments, and changes the heading to
schedule III.
Highway Safety Code: 2007, c. 40, s. 67 is now in force which adds s. 519.46.1 regarding fines
for heavy vehicles not being equipped with properly working speed limiters.
SASKATCHEWAN
ACTS
Pipelines Act, 1998: S.S. 2009, c. 24 amends ss. 2, 7, 14, 22 and 26 to change the wording from
"department" to "ministry" and update the definition of "pipeline" in subsection 2(j).
Traffic Safety Act: S.S. 2009, c. 2 amends s. 238 (emergency vehicles) and s. 287 (regulations)
regarding how emergency vehicles are to be operated. S.S. 2009, c. 30 amends s. 203 relating to
warning lights on highway equipment. S.S. 2009, c. S_46.002 amends subsection 186(3)(b)
regarding cases where money or motor vehicles are forfeited.
Wildlife Habitat Protection Act: S.S. 2009, c. 33 amends the schedule (items 1062(k), 1072(a),
1163(a.1) and 1453(e).
Workers' Compensation Act, 1979: S.S. 2009, c. 17 is in force which amends s. 165 and s. 181, adds s.
165.1 regarding enforcement of maintenance orders.
REGULATIONS
Occupational Health and Safety Regulations, 1996 (Occupational Health and Safety Act, 1993): Sask. Reg. 54/2009 amends Sask. Reg.
109/2009 by replacing subsection 77(4) of the regulations regarding smoking in enclosed work_related areas.
Wildlife Habitat Lands Designation Regulations (Wildlife Habitat Protection Act): S.S. 2009, c. 33 repeals item 3 of the appendix.