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09-30-2009, 10:06 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 Seotember 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/legisla...gislation.html (http://www.ccohs.ca/products/legislation/legislation.html)
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CANADA
ACTS
Arctic Waters Pollution Prevention Act: 2009, c. 11 is now in force which amends the definition "arctic waters" in s. 2 to extend the geographic application of the Act to the outer limit of the exclusive economic zone of Canada north of the 60th parallel of north latitude.
Energy Efficiency Act: 2009, c. 8 adds s. 2.1 and amends ss. 4, 5, 7, 8, 20, 36 and 37 to clarify that classes of energy-using products may be established based on their common energy-consuming characteristics, the intended use of the products or the conditions under which the products are normally used; specify requirements for shipment or importation of energy-using products and broaden the scope of labelling provisions and the Minister's report.
Hazardous Products Act: SOR/2009-180 replaces item 20.1 of Part II of Schedule 1 of the act regarding glazed ceramics and glassware. SOR/2009-192 repeals item 33 of Part I of Schedule 1 and adds item 47 regarding residential detectors to Part II of Schedule I.
REGULATIONS
Glazed Ceramics and Glassware Regulations (Hazardous Products Act): SOR/2009-179 amends the definition of product in s. 1 and replaces s. 2 regarding authorization of advertising, selling and importing.
ALBERTA
ACTS
Alberta Utilities Commission Act: S.A. 2009, c. 20 amends subsection 8(7) to reference section 75.
Coal Conservation Act: S.A. 2009, c. 20 amends the act by adding subsections 24(3) and 29(4) to outline when authorization of the Lieutenant Governor in Council is not required under these sections.
Energy Resources Conservation Act: S.A. 2009, c. 20 amends section 27.2 to add a definition for "coal project" and references to coal projects throughout the section.
Oil and Gas Conservation Act: S.A. 2009, c. 20 amends the act to add a definition for "large facility" as well as definitions for "defaulting licensee" and "well" to section 68. Section 10 is amended to allow the board to make regulations exempting pipelines and wells from application of Part 11. Sections 26.1 (Security deposit), 31.1 (Deemed licensee), 76.1 (Special orphan fund levy) have been added to the act. Section 70 has been amended to deal with large facilities. Sections 73 and 74 has been amended to deal with orphan fund levies and large facilities.
Oil Sands Conservation Act: S.A. 2009, c. 20 amends section 13 of the act to outline when authorization of the Lieutenant Governor in Council is not required.
Pipeline Act: 2009, c. 20 amends the definition for "pipeline".
Traffic Safety Act: S.A. 2009, c. 35 is partly in force. A definition for 'intersection safety device" has been added to the act. Driver examiners, driving instructors and operators of a driver training school have been added as regulated persons under section 143. Subsection 64(c.1) has been added to allow the minister the power to make regulations relating to the conduct of driver examiners, driving instructors and the operation of driver training schools.
Water, Gas and Electric Companies Act: S.A. 2009, c. 20 repeals and replaces section 3 (Transmission lines and pipelines).
Workers' Compensation Act: S.A. 2009, c. A-31.5 is partly in force and amends the act to add subsections 5(6.1) - (8).
REGULATIONS
Alberta Ambient Air Quality Objectives and Guidelines (June 2009) has been updated to reflect the latest air quality guidelines. Air quality objectives exist for more than 30 substances that may be released to the atmosphere.
MANITOBA
ACTS
Forest Act: S.M. 2009, c. 5 is partly in force. Section 15.1 (No commercial timber cutting rights in parks) has been added to the act.
Highway Traffic Act: S.M. 2009, c. 36 is now in force where the Highway Traffic Act is concerned. In addition to other amendments, sections 273.2 (Registrar to refuse service to person in default) and 273.5 (Action where person does not have notice) have been repealed and replaced. Sections 334 - 334.2 have been repealed.
REGULATIONS
Planning Districts Regulation (Planning Act): Man. Reg. 115/2009 amends the regulation to add section 1.1 (Planning districts established) and Schedule B. The schedule is renamed Schedule A.
NEWFOUNDLAND AND LABRADOR
Highway Traffic Act: S.N.L. 2008, c. 57 amends the act to repeal and replace the definition for "resident". Sections, 60.1, 60.4 and 60.5 amends the act to reflect changes to the Criminal code and provide suspensions for driving when impaired by drugs or alcohol. As a consequence, paragraph 195(1)(u.2) has been repealed and replaced. The addition of section 110.1 (Speed Limit) creates a separate offence for speeding in a construction zone. Amendments to the schedule have been as a result of this addition. S.N.L. 2009, c. 15.01 amends the Act to repeal and replace section 13.1 (Interjurisdictional carrier registration under the Revenue Administration Act) and references to the Sales Tax Act have been replaced by the references to the Revenue Administration Act.
Workplace Health, Safety and Compensation Act: S.N.L. 2009, c. 7 amends the section 4 of the act change the composition of the Board of Directors. Section 20.2 is amended to extend the duties of the Commission in line with the Occupational Health and Safety Act. Section 30 has been repealed and replaced to align the reporting requirements with the Transparency and Accountability Act. Section 89.1 has been amended to make commencement, of the 2 year re-employment obligation period, the date of disability rather than the date of injury.
REGULATIONS
Carrier Safety Regulations (Highway Traffic Act): N.L.R. 45/09 amends the Schedule to reference Highway Traffic Act provisions 110.1(4) and 187.1(2).
Food Premises (Food and Drug Act): N.L.R. 69/09 amends the regulation to repeal subsection 5(5).
Seabird Ecological Reserve Regulations (Wilderness and Ecological Reserves Act): N.L.R 60/09 amends the regulation to identify and regulate the Lawn Islands Archipelago Provisional Ecological Reserve. Section 4.1 (Migratory game bird hunting permitted) has been added to the regulation in addition to other amendments.
NEW BRUNSWICK
ACTS
Motor Vehicle Act: S.N.B. 2009, c. 4 is now in force amending subsections 29(1), 31(1) and adding s. 39.2 regarding seasonal vehicles.
REGULATIONS
General Regulation (Motor Vehicle Act): N.B. Reg. 2009-77 amends subsection 4(1) and adds s. 4.1 regarding seasonal vehicles.
NOVA SCOTIA
REGULATIONS
Water and Wastewater Facilities and Public Drinking Water Supplies Regulations (Environment Act): N.S. Reg. 181 amends the regulation to expand the definition of a public drinking water supply under section 31.
ONTARIO
ACTS
Coroners Act: S.O. 2009, c. 15 amends the Act to add definitions for "Chief Forensic Pathologist", "Deputy Chief Coroner", "Deputy Chief Forensic Pathologist", "forensic pathologist", "Oversight Council", "pathologist", "pathologists register" and "tissue". In addition to several other amendments, section 6 has been repealed and replaced to establish the Ontario Forensic Pathology Service. Section 7 (Chief Forensic Pathologist and Deputies) amends the act to require Chief Forensic Pathologists and Deputy Chief Forensic Pathologists be trained in forensic pathology. Section 7.1 has been added to require a register of authorized pathologists. Section 8 establishes a Death Investigation oversight Council and section 8.1 has been added to outline situations where this council would provide advice. Section 8.2 requires the formation of a complaints committee and section 8.4 sets out the complaints process. Section 15 is repealed and replaced to expand the scope of a coroner's investigation. Sections 28 and 29 are repealed and replaced to clarify the roles of coroners and pathologists respecting post mortem examinations.
Highway Traffic Act: S.O. 2009, c. 5 is now partly in force. Along with several housekeeping amendments, it amends sections 48 - 48.3. These amendments deal with suspensions and other consequences for having various concentrations of blood alcohol while driving and for failing to provide breath samples when requested. Subsections 62(17 and (62) have been repealed and replaced and outline lamp requirements for vehicles including bicycles. In section 144, the definition for "emergency vehicle" has been repealed and replaced.
REGULATIONS
General (Mandatory Blood Testing Act): O. Reg. 218/09 amends section 3 (Additional persons who can apply under the Act) of the regulation.
General (Pesticides Act): O. Reg. 279/09 amends the table in section 4 (Minister's designate to classify pesticides) to update the classification and criteria of pesticides. Section 15 (Exception, attachment of molluscs to works) has been repealed and replaced. Section 29 (Specified sports fields) has been amended to require written ministerial approval for limited use of pesticides for events. Other amendments allow the minister to place restrictions on pesticide use for events. As well, for approval the use must be necessary and in the public interest. Amendments have been made to the table in section 98 (Prohibition, sale and transfer).
General (Smoke-Free Ontario Act): O. Reg. 279/09 amends the regulation by repealing and replacing section 13 (Covered and partially covered restaurant and bar patios).
Seat Belt Assemblies (Highway Traffic Act): O. Reg. 236/09 amends the regulation by adding section 6.1. Subsections 8 and 8.1 have been amended. These changes deal primarily with restraint systems for infants with special needs and child booster seats.
Transitional Matters - Growth Plan for the Greater Golden Horseshoe, 2006 (Places to Grow Act, 2005): O. Reg. 223/09 amends the regulation by adding section 3.1 (Transition rules, continued).
X-Ray Safety Code (Health Arts Radiation Protection Act): O. Reg. 242/09 amends the regulation to repeal subsection 4(2) and amend subsection 4(3).
PRINCE EDWARD ISLAND
ACTS
Highway Traffic Act: S.P.E.I. 2009, c. 74 amends the act to remove regulatory power respecting screening methods used for analysing breath samples. Instead, screening devices approved by the federal Criminal Code will be used. Section 73 is amended to require a licence cannot be reinstated after certain convictions, under the Criminal Code, unless the licencee has completed an addiction or consumption management program. In addition an alcohol ignition interlock device will be required for a year following the reinstatement. Section 227.1 is amended to replace current readings in breathalyser devices with requirements that they reference the number milligrams of alcohol in 100 milligrams of blood. As well, a 24 hour suspension will be imposed where drivers, who are neither under the age of 19 nor graduated drivers, are found to have a blood alcohol count exceeding 100 milligrams alcohol in 100 millilitres of blood. Section 297 is repealed because the requirement for drivers to provide breath samples upon request is located elsewhere in the act. Section 277.9 is amended and deals with the suspension of the driver's licenses of graduated drivers and drivers who are under the age of 19 years. Section 312 is amended to authorize the creation of regulations prescribing the form and content
of notices for suspensions under of drivers.
REGULATIONS
Vehicle Standards Regulation (Highway Traffic Act): EC2009-428 amends the title of the regulation from "CSA Standards Regulation" to "Vehicle Standards Regulation". Section 3 is amended to require mobile homes and recreation vehicles sold and used in Prince Edward Island meet United States Recreational Vehicle Industry Association Certification Standards or CSA standards.
Waste Resource Management Regulations (Environmental Protection Act): EC2009-253 amends the regulation to repeal and replace section 60 (Application for approval) and add section 60.1 (Design requirements or constraints). The Minister may impose requirements or constraints on the construction and operation of a C& D disposal site. Section 62 (C & D disposal site requirements) has been replaced and outlines the requirements of sites that were constructed before and after April 18, 2009. The minimum distance of separation between active disposal areas and other specified sites, such as playgrounds, churches and schools, has also been outlined.
QUEBEC
ACTS
An Act respecting off-highway vehicles: 2009, c. 18 is now in force making changes regarding compulsory equipment and transporting of passengers.
Environment Quality Act: 2009, c. 21, subsections 22(1), (2.5) and (4) are now in force amending s. 46 of the Act regarding documents and information required to make a water withdrawal and standards relating to equipment and devices for measuring quantity and quality of water.
Fire Safety Act: 2009, c. 26 is now in force which replaces s. 24 of the act regarding fire safety cover plans.
Highway Safety Code: 2009, c. 26, s. 26 is now in force which amends s. 648.2 of the act regarding the collection of fees.
REGULATIONS
Regulation respecting wood-burning appliances (Environment Quality Act): O.C. 707-2009 amends section 5 of the French version regarding mark of conformity to a standard.
_____________________________________
CANADA
ACTS
Arctic Waters Pollution Prevention Act: 2009, c. 11 is now in force which amends the definition "arctic waters" in s. 2 to extend the geographic application of the Act to the outer limit of the exclusive economic zone of Canada north of the 60th parallel of north latitude.
Energy Efficiency Act: 2009, c. 8 adds s. 2.1 and amends ss. 4, 5, 7, 8, 20, 36 and 37 to clarify that classes of energy-using products may be established based on their common energy-consuming characteristics, the intended use of the products or the conditions under which the products are normally used; specify requirements for shipment or importation of energy-using products and broaden the scope of labelling provisions and the Minister's report.
Hazardous Products Act: SOR/2009-180 replaces item 20.1 of Part II of Schedule 1 of the act regarding glazed ceramics and glassware. SOR/2009-192 repeals item 33 of Part I of Schedule 1 and adds item 47 regarding residential detectors to Part II of Schedule I.
REGULATIONS
Glazed Ceramics and Glassware Regulations (Hazardous Products Act): SOR/2009-179 amends the definition of product in s. 1 and replaces s. 2 regarding authorization of advertising, selling and importing.
ALBERTA
ACTS
Alberta Utilities Commission Act: S.A. 2009, c. 20 amends subsection 8(7) to reference section 75.
Coal Conservation Act: S.A. 2009, c. 20 amends the act by adding subsections 24(3) and 29(4) to outline when authorization of the Lieutenant Governor in Council is not required under these sections.
Energy Resources Conservation Act: S.A. 2009, c. 20 amends section 27.2 to add a definition for "coal project" and references to coal projects throughout the section.
Oil and Gas Conservation Act: S.A. 2009, c. 20 amends the act to add a definition for "large facility" as well as definitions for "defaulting licensee" and "well" to section 68. Section 10 is amended to allow the board to make regulations exempting pipelines and wells from application of Part 11. Sections 26.1 (Security deposit), 31.1 (Deemed licensee), 76.1 (Special orphan fund levy) have been added to the act. Section 70 has been amended to deal with large facilities. Sections 73 and 74 has been amended to deal with orphan fund levies and large facilities.
Oil Sands Conservation Act: S.A. 2009, c. 20 amends section 13 of the act to outline when authorization of the Lieutenant Governor in Council is not required.
Pipeline Act: 2009, c. 20 amends the definition for "pipeline".
Traffic Safety Act: S.A. 2009, c. 35 is partly in force. A definition for 'intersection safety device" has been added to the act. Driver examiners, driving instructors and operators of a driver training school have been added as regulated persons under section 143. Subsection 64(c.1) has been added to allow the minister the power to make regulations relating to the conduct of driver examiners, driving instructors and the operation of driver training schools.
Water, Gas and Electric Companies Act: S.A. 2009, c. 20 repeals and replaces section 3 (Transmission lines and pipelines).
Workers' Compensation Act: S.A. 2009, c. A-31.5 is partly in force and amends the act to add subsections 5(6.1) - (8).
REGULATIONS
Alberta Ambient Air Quality Objectives and Guidelines (June 2009) has been updated to reflect the latest air quality guidelines. Air quality objectives exist for more than 30 substances that may be released to the atmosphere.
MANITOBA
ACTS
Forest Act: S.M. 2009, c. 5 is partly in force. Section 15.1 (No commercial timber cutting rights in parks) has been added to the act.
Highway Traffic Act: S.M. 2009, c. 36 is now in force where the Highway Traffic Act is concerned. In addition to other amendments, sections 273.2 (Registrar to refuse service to person in default) and 273.5 (Action where person does not have notice) have been repealed and replaced. Sections 334 - 334.2 have been repealed.
REGULATIONS
Planning Districts Regulation (Planning Act): Man. Reg. 115/2009 amends the regulation to add section 1.1 (Planning districts established) and Schedule B. The schedule is renamed Schedule A.
NEWFOUNDLAND AND LABRADOR
Highway Traffic Act: S.N.L. 2008, c. 57 amends the act to repeal and replace the definition for "resident". Sections, 60.1, 60.4 and 60.5 amends the act to reflect changes to the Criminal code and provide suspensions for driving when impaired by drugs or alcohol. As a consequence, paragraph 195(1)(u.2) has been repealed and replaced. The addition of section 110.1 (Speed Limit) creates a separate offence for speeding in a construction zone. Amendments to the schedule have been as a result of this addition. S.N.L. 2009, c. 15.01 amends the Act to repeal and replace section 13.1 (Interjurisdictional carrier registration under the Revenue Administration Act) and references to the Sales Tax Act have been replaced by the references to the Revenue Administration Act.
Workplace Health, Safety and Compensation Act: S.N.L. 2009, c. 7 amends the section 4 of the act change the composition of the Board of Directors. Section 20.2 is amended to extend the duties of the Commission in line with the Occupational Health and Safety Act. Section 30 has been repealed and replaced to align the reporting requirements with the Transparency and Accountability Act. Section 89.1 has been amended to make commencement, of the 2 year re-employment obligation period, the date of disability rather than the date of injury.
REGULATIONS
Carrier Safety Regulations (Highway Traffic Act): N.L.R. 45/09 amends the Schedule to reference Highway Traffic Act provisions 110.1(4) and 187.1(2).
Food Premises (Food and Drug Act): N.L.R. 69/09 amends the regulation to repeal subsection 5(5).
Seabird Ecological Reserve Regulations (Wilderness and Ecological Reserves Act): N.L.R 60/09 amends the regulation to identify and regulate the Lawn Islands Archipelago Provisional Ecological Reserve. Section 4.1 (Migratory game bird hunting permitted) has been added to the regulation in addition to other amendments.
NEW BRUNSWICK
ACTS
Motor Vehicle Act: S.N.B. 2009, c. 4 is now in force amending subsections 29(1), 31(1) and adding s. 39.2 regarding seasonal vehicles.
REGULATIONS
General Regulation (Motor Vehicle Act): N.B. Reg. 2009-77 amends subsection 4(1) and adds s. 4.1 regarding seasonal vehicles.
NOVA SCOTIA
REGULATIONS
Water and Wastewater Facilities and Public Drinking Water Supplies Regulations (Environment Act): N.S. Reg. 181 amends the regulation to expand the definition of a public drinking water supply under section 31.
ONTARIO
ACTS
Coroners Act: S.O. 2009, c. 15 amends the Act to add definitions for "Chief Forensic Pathologist", "Deputy Chief Coroner", "Deputy Chief Forensic Pathologist", "forensic pathologist", "Oversight Council", "pathologist", "pathologists register" and "tissue". In addition to several other amendments, section 6 has been repealed and replaced to establish the Ontario Forensic Pathology Service. Section 7 (Chief Forensic Pathologist and Deputies) amends the act to require Chief Forensic Pathologists and Deputy Chief Forensic Pathologists be trained in forensic pathology. Section 7.1 has been added to require a register of authorized pathologists. Section 8 establishes a Death Investigation oversight Council and section 8.1 has been added to outline situations where this council would provide advice. Section 8.2 requires the formation of a complaints committee and section 8.4 sets out the complaints process. Section 15 is repealed and replaced to expand the scope of a coroner's investigation. Sections 28 and 29 are repealed and replaced to clarify the roles of coroners and pathologists respecting post mortem examinations.
Highway Traffic Act: S.O. 2009, c. 5 is now partly in force. Along with several housekeeping amendments, it amends sections 48 - 48.3. These amendments deal with suspensions and other consequences for having various concentrations of blood alcohol while driving and for failing to provide breath samples when requested. Subsections 62(17 and (62) have been repealed and replaced and outline lamp requirements for vehicles including bicycles. In section 144, the definition for "emergency vehicle" has been repealed and replaced.
REGULATIONS
General (Mandatory Blood Testing Act): O. Reg. 218/09 amends section 3 (Additional persons who can apply under the Act) of the regulation.
General (Pesticides Act): O. Reg. 279/09 amends the table in section 4 (Minister's designate to classify pesticides) to update the classification and criteria of pesticides. Section 15 (Exception, attachment of molluscs to works) has been repealed and replaced. Section 29 (Specified sports fields) has been amended to require written ministerial approval for limited use of pesticides for events. Other amendments allow the minister to place restrictions on pesticide use for events. As well, for approval the use must be necessary and in the public interest. Amendments have been made to the table in section 98 (Prohibition, sale and transfer).
General (Smoke-Free Ontario Act): O. Reg. 279/09 amends the regulation by repealing and replacing section 13 (Covered and partially covered restaurant and bar patios).
Seat Belt Assemblies (Highway Traffic Act): O. Reg. 236/09 amends the regulation by adding section 6.1. Subsections 8 and 8.1 have been amended. These changes deal primarily with restraint systems for infants with special needs and child booster seats.
Transitional Matters - Growth Plan for the Greater Golden Horseshoe, 2006 (Places to Grow Act, 2005): O. Reg. 223/09 amends the regulation by adding section 3.1 (Transition rules, continued).
X-Ray Safety Code (Health Arts Radiation Protection Act): O. Reg. 242/09 amends the regulation to repeal subsection 4(2) and amend subsection 4(3).
PRINCE EDWARD ISLAND
ACTS
Highway Traffic Act: S.P.E.I. 2009, c. 74 amends the act to remove regulatory power respecting screening methods used for analysing breath samples. Instead, screening devices approved by the federal Criminal Code will be used. Section 73 is amended to require a licence cannot be reinstated after certain convictions, under the Criminal Code, unless the licencee has completed an addiction or consumption management program. In addition an alcohol ignition interlock device will be required for a year following the reinstatement. Section 227.1 is amended to replace current readings in breathalyser devices with requirements that they reference the number milligrams of alcohol in 100 milligrams of blood. As well, a 24 hour suspension will be imposed where drivers, who are neither under the age of 19 nor graduated drivers, are found to have a blood alcohol count exceeding 100 milligrams alcohol in 100 millilitres of blood. Section 297 is repealed because the requirement for drivers to provide breath samples upon request is located elsewhere in the act. Section 277.9 is amended and deals with the suspension of the driver's licenses of graduated drivers and drivers who are under the age of 19 years. Section 312 is amended to authorize the creation of regulations prescribing the form and content
of notices for suspensions under of drivers.
REGULATIONS
Vehicle Standards Regulation (Highway Traffic Act): EC2009-428 amends the title of the regulation from "CSA Standards Regulation" to "Vehicle Standards Regulation". Section 3 is amended to require mobile homes and recreation vehicles sold and used in Prince Edward Island meet United States Recreational Vehicle Industry Association Certification Standards or CSA standards.
Waste Resource Management Regulations (Environmental Protection Act): EC2009-253 amends the regulation to repeal and replace section 60 (Application for approval) and add section 60.1 (Design requirements or constraints). The Minister may impose requirements or constraints on the construction and operation of a C& D disposal site. Section 62 (C & D disposal site requirements) has been replaced and outlines the requirements of sites that were constructed before and after April 18, 2009. The minimum distance of separation between active disposal areas and other specified sites, such as playgrounds, churches and schools, has also been outlined.
QUEBEC
ACTS
An Act respecting off-highway vehicles: 2009, c. 18 is now in force making changes regarding compulsory equipment and transporting of passengers.
Environment Quality Act: 2009, c. 21, subsections 22(1), (2.5) and (4) are now in force amending s. 46 of the Act regarding documents and information required to make a water withdrawal and standards relating to equipment and devices for measuring quantity and quality of water.
Fire Safety Act: 2009, c. 26 is now in force which replaces s. 24 of the act regarding fire safety cover plans.
Highway Safety Code: 2009, c. 26, s. 26 is now in force which amends s. 648.2 of the act regarding the collection of fees.
REGULATIONS
Regulation respecting wood-burning appliances (Environment Quality Act): O.C. 707-2009 amends section 5 of the French version regarding mark of conformity to a standard.