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View Full Version : Amendments to Canadian OH&S & Environmental Legislation identified in January 2010



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02-02-2010, 12:07 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 January 2010. 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

CANADA

ACTS

Canada_Nova Scotia Offshore Petroleum Resources Accord Implementation Act: S.C. 2009, c. 31 amends ss. 246 and 247 regarding definitions and adjustment payments.

REGULATIONS

Commercial Vehicle Drivers Hours of Service Regulations (Motor Vehicle Transport Act, 1987): SOR/2009_157 is now in force repealing paragraph 2(1)(d).

Motor Vehicle Safety Regulations (Motor Vehicle Safety Act): SOR/2008_72, s. 9(14) amends subsection 210.2(22) by adding paragraph (g) regarding "Lower Universal Anchorage Systems for Restraint Systems and Booster Cushions". SOR/2009_291 adds a definition for "chassis_cab" to subsection 2(1), amends items 216 and 220 of Schedule III, replaces ss. 216 and 220 of Schedule IV regarding roof crush resistance and rollover protection, respectively.

ALBERTA

ACTS

Alberta Utilities Commission Act: S.A. 2009, c. A_26.8 adds s. 8.1 and amends ss. 23 and 76 regarding compliance and enforcement of ALSA regional plans. S.A. 2009, c. 44 adds a definition for "reliability standards" with additional amendments throughout to reflect this change. S. 17 regarding issues of public interest is amended by adding subsection (2).

Climate Change and Emissions Management Act: S.A. 2008, c. 32 amends the definition of "justice" in s. 1(b.3).

Historical Resources Act: S.A. 2009, c. A_26.8 adds subsection 28(5) regarding compensation.

Hydro and Electric Energy Act: S.A. 2009, c. 44 adds s. 13.1 regarding critical transmission infrastructure and amends s. 19 regarding the power of commission re applications by adding subsection (1.1).

Pipeline Act: S.A. 2004, c. H_8.5 replaces the definition of "highway" under s. 1(1)(k) and amends s. 38 regarding approval of pipelines by amending subsection (1) and replacing subsections (3) and (4).

Public Health Act: S.A. 2008, c. 32 amends ss. 30(3) and 47.

Traffic Safety Act: S.A. 2004, c. H_8.5 amends s. 1(1)(mm) by referencing the Highways Development and Protection Act in clause (i) and repealing clauses (ii) and (iii). Ss. 106 and 108 regarding standard and other speed limits are amended by referencing the Highways Development and Protection Act, and ss. 162(2) and (3) regarding disposition of fines and penalties are replaced. S.A. 2008, c. 40 amends s. 39 regarding Appeals re 3_month suspensions by referencing "drug_related driving of a motor vehicle" in subsections (1) and (2) and adding a clause (a.1) to each of subsections (5) and (6), and amends s. 88 regarding 3 and 6 month suspensions by adding clause (a.1) to subsection (1), and adding subclauses (i.1) and (iii) to subsection (2)(b).

REGULATIONS

Pesticide Sales, Handling, Use and Application Regulation (Environmental Protection and Enhancement Act): Alta. Reg. 222/2009 adds s. 4.1 to the regulation regarding prohibition, replaces s. 31 regarding cancelled or prohibited registered pesticides and amends clause 33(a).

Use of Highway and Rules of the Road Regulation (Traffic Safety Act): Alta. Reg. 152/2009 ss. 2, 4 and 5 are in force amending s. 1(1) clause (m) and replacing the definition of "provincial highway", amending s. 36 by referencing the Highways Development and Protection Act and amending s. 43.

BRITISH COLUMBIA

ACTS

Fish Protection Act: B.C. Reg. 188/2009 brings s. 9 of the Act into force.

Water Act: S.B.C. 2001, c. 9, s. 99 is now in force bringing subsection 94(1)(b) of the Act into force.

REGULATIONS

Motor Vehicle Act Regulations (Motor Vehicle Act): B.C. Reg. 97/2009 amends s. 7.07(1)(c). B.C. Reg. 147/2009 adds Division 30B regarding drivers' licences and Canadian citizenship. B.C. Reg. 148/2009 adds Division 47 regarding speed limits and traffic rules if an official vehicle is parked on a highway. B.C. Reg. 232/2009 amends ss. 3.09 and 3.10 regarding disposal of number plates and remission of fees, respectively. B.C. Reg. 236/2009 adds Division 14A regarding alternative temporary operation permits.

NEW BRUNSWICK

ACTS

Pesticides Control Act: S.N.B. 2009, c. 28 is now in force repealing subsection 28(1.1) and replacing subsection 28(2) regarding suspension or termination of use of pesticide. The Act also adds ss. 28.1 and 30.01 regarding orders and proceedings respectively and amends subsection 29(1). The English and French versions are also aligned.

Smoke_free Places Act: S.N.B. 2009, c. 7 is now in force adding subsection 3(d.1) regarding not smoking while in a vehicle with another person under the age of 16.

Worker's Compensation Act: S.N.B. 2009, c. 58 is now in force amending s. 38.11 regarding computation of compensation with respect to firefighters.

REGULATIONS

General Regulation __ Beverage Containers Act (Beverage Containers Act): N.B. Reg. 2009_123 replaces s. 17 regarding handling fees.

Watercourse and Wetland Alteration Regulation (Clean Water Act): N.B. Reg. 2009_118 aligns the English and French versions.

NEWFOUNDLAND

ACTS

Highway Traffic Act: S.N.L. 2009, c. 9 is now in force making several amendments including replacing ss. 12, 30, 34, 174.1 and repealing ss. 65.1 and 174.2. Further amendments intended to update the act to reflect current practice, to consolidate requirements and eliminate redundancies are made.

NOVA SCOTIA

ACTS

Labour Standards Code: S.N.S. 2009, c. 18 is now in force adding clause (bi) to s. 7 and adding s. 60I regarding emergency leave.

Motor Vehicle Act: S.N.S. 2009, c. 5 is now in force amending the reinstatement fee in subsection 68(1).

REGULATIONS

Commercial Carrier Safety Fitness Rating and Compliance Regulations (Motor Vehicle Act): N.S. Reg. 333/2009 is now in force amending Appendix A by replacing the list of "Commercial Vehicle Drivers' Hours of Service Regulations offences".

ONTARIO

ACTS

Environment Assessment Act: S.O. 2009, c. 33, Sch. 2 repeals paragraph 1 of subsection 32(1) and sch. 15 replaces clause 39(j).

Environmental Bill of Rights: S.O. 2009, c. 33, Sch. 15 replaces clause 121(1)(a).

Environmental Protection Act: S.O. 2009, c. 12, Schedule G adds definitions for "renewable energy generation facility" and "renewable energy project" to subsection 1(1), ss. 40 and 41 regarding prohibitions as to deposit of waste and use of facilities are replaced. Part V.0.1 regarding renewable energy is added, subsection 96(2) is replaced, and the definition of approval in s. 131 is amended. Additional sections, ss. 142.1, 142.2, and 145.2.1 regarding renewable energy approval hearings are added. Subsections 142(4), 145(2) and 145.2(2) regarding s. 142.1 hearings are added. The definition of "official document" in subsection 175(1) is replaced and subsections 176(4.1) relating to Part V.0.1 and 176(9.1) relating to Part XIII are added. Further amendments incorporating the term "renewable energy approval" are made. S.O. 2009, c. 19 replaces the definition of "offence" in subsection 48(1) by referencing the Safe Drinking Water Act and the Toxics Reduction Act. Ss. 156.2, 165, 174, 188, and 191 are amended with similar references. S.O. 2009, c. 27, s. 2(1) is now in force replacing s. 176.1 regard regulations, market_based approaches, etc. S.O. 2009, c. 33, Sch.2 replaces s. 34 regarding an appeal from decision of Tribunal and adds s. 34.1. Sch. 15 replaces clause 175.1(1).

Environmental Review Tribunal Act: S.O. 2009, c. 33, Sch. 2 replaces s. 8 regarding testimony, and adds s. 8.1 regarding liability.

Fish and Wildlife Conservation Act, 1997: S.O. 2009, c. 33, Sch. 22 adds definitions for "big game", "commercial fish net" and "conveyance" and replaces the definition of "buy or sell". Further amendments are made to reflect these changes. S. 91.1 regarding a warrant to conduct tests is added, and Schedules 1, 2, 4, 6, 8, 9, 10, and 11 are amended.

Forest Fires Prevention Act: S.O. 2009, c. 33, Sch. 22 adds definitions for "fire", "forest area", and "start" and replaces the definition of "officer". Further amendments are made to reflect these changes. S. 4 regarding the appointment of officers is amended by adding subsections (2) and (3).

Forestry Act: S.O. 2009, c. 33, Sch. 22 repeals the definition of "regulations" as well as s. 18 regarding regulations.

Health Protection and Promotion Act: S.O. 2009, c. 33, Sch. 18 makes several amendments including repealing ss. 58.1, 91.1 and 109 and replacing ss. 77.6 and 77.8.

Highway Traffic Act: S.O. 2009, c. 5 adds subsection 206(8.3), replaces subsections 144(31.2) and 146(6.1) regarding penalties and ss. 159 and 159.1 regarding approaching and following emergency vehicles. Subsection 200(2) is replaced. S.O. 2009, c. 19 amends subsections 62(15.1) and 159(11) by referencing the Safe Drinking Water Act, 2002 and the Toxics Reduction Act, 2009. S.O. 2009, c. 33 replaces the definition of "wheelchair", amends ss. 26, 27, 28 and 30 regarding accessible parking and permits, and repeals sections 194 and 215.

Lakes and Rivers Improvement Act: S.O. 2009, c. 33 replaces s. 12 regarding petitions and repeals ss. 18 and 38.
Mandatory Blood Testing Act: S.O. 2009, c. 33 replaces the definition of "analyst". Further amendments are made to reflect this change.

Mining Act: S.O. 2009, c. 33 amends the definitions of "Deputy Minister" and "Minister".

Niagara Escarpment Planning and Development Act: S.O. 2009, c. 33 replaces the definition of "Niagara Escarpment Planning Area" and replaces s. 3 regarding the Niagara Escarpment Planning Area and Plan.

Nutrient Management Act: S.O. 2009, c. 19 replaces ss. 15 and 17 and amends subsections 48(3) and 49(1) referencing the Safe Drinking Water Act, 2002 and the Toxics Reduction Act, 2009.
S.O. 2009, c. 33 replaces definitions for "nutrient" and "nutrient management strategy", replaces subsection 29(1) regarding orders for preventive measures and adds subsection 55(1.1) regarding certificates of service.

Ontario Water Resources Act: S.O. 2009, c. 19 replaces s. 15.2 and amends s. 110 and subsection 113(1) by referencing the Toxics Reduction Act, 2009.

Pesticides Act: S.O. 2009, c. 19 replaces ss. 19.2 and 26 and amends subsections 45(4) and 47(1) by referencing the Safe Drinking Water Act, 2002 and the Toxics Reduction Act, 2009.

Planning Act: S.O. 2009, c. 12, Schedule K is now in force adding the following definitions to subsection 1(1), "renewable energy generation facility", "renewable energy project", "renewable energy testing facility", "renewable energy testing project, and "renewable energy undertaking". Subsections 50(3) and 50(5) regarding land subdivision and control are amended with the addition of extra clauses. Section 62.0.2 regarding renewable energy undertakings is added.

Safe Drinking Water Act: S.O. 2009, c. 13 amends subsections 37(5), 45(3), 57(3) and 75(3) and replaces s. 83 and clauses 144(b) to (d) by referencing the Toxics Reduction Act, 2009.

Safety and Consumer Statutes Administration Act, 1996: S.O. 2004, c. 19, s. 21(1) is now in force amending the schedule by referencing the Motor Vehicle Dealers Act, 2002.

REGULATIONS

Certification of Drinking_Water System Operators and Water Quality Analysts (Safe Drinking Water Act): O. Reg. 415/09 amends subsection 1(1) by repealing the definition of "professional engineer" and adding a definition for "licensed engineering practitioner". Additional amendments made to reflect these changes.

Construction Projects (Occupational Health and Safety Act): O. Reg. 443/09 replaces the standards for fall protection in subsection 26.1(3), amends subsections 26.3 (4) and 26.3 (6) to (8) regarding guardrail systems. Subsections (1) and (3) of s. 27 regarding working near water are amended and 27(6) is repealed. Section 116 regarding use of stilts is replaced, subsection 181(1) is amended and section 228 regarding precautions concerning services is replaced. Subsections 236(8) regarding support systems and 280(4) regarding shoring and bracing for shafts are repealed.

Drinking_Water Systems (Safe Drinking Water Act): O. Reg. 418/09 adds a definition for "licensed engineering practitioner", adds s. 5.1 regarding water obtained through transportation, Sch. 15 regarding chemical sampling and testing is amended by adding subsections15.1_4(3), 15.1_5(8)_15.1_5(12), 15.1_9(2.1), (6.1), 15.1_11(9) and 15.2_2(1.1), as well as adding s. 15.1_12. Additional amendments are made to reflect this changes.

Drinking_Water Testing Services (Safe Drinking Water Act): O. Reg. 416/09 adds a definition for "licensed engineering practitioner", amends the list of tests performable without a drinking_water testing license in s. 2 and adds subsection 2(1.1) regarding operational parameters. Subsection 3(2) regarding exclusions from licence requirements is added, s. 5 regarding research and method development is replaced and s. 12.0.1 regarding multiple parameter screening tests, protocols and reports is added. Subsection 13(2), s. 14 and subsections 15(1) to (7) are repealed.

Firefighters (Workplace Safety and Insurance Act, 1997): O. Reg. 423/09 replaces ss. 1 and 2 with definitions and prescribed classes for "full_time firefighter", "part_time firefighter", "volunteer firefighter" and "fire investigator". Additional amendments are made to reflect these changes, including the addition of subsection 5(6) regarding calculation of time periods for assessing restrictions and conditions.

General (Endangered Species Act): O. Reg. 411/09 adds s. 5.1 regarding lake sturgeon to the regulations.

General (Nutrient Management Act): O. Reg. 338/09 makes several amendments to establish consistent standards and requirements for applying non_agricultural source materials (NASM) to farmland. The revised regulations will cover all Ontario farms where non_agricultural source material will be applied. Some sections are coming into force January 1, 2011.

Renewable Energy Approvals under Part V.0.1 of the Act (Environmental Protection Act): O. Reg. 376/09 amends s. 33 by adding subsection 3 regarding the application of prohibitions.

Small Drinking Water Systems (Health Protection and Promotion Act): O. Reg 413/09 amends s. 2 by repealing the definition of "professional engineer" and adding a definition for "licensed engineering practitioner". Additional amendments made to reflect these changes.

Stewardship Ontario (Waste Diversion Act, 2002): O. Reg. 378/09 adds s. 0.1 with definitions, replaces subsections 2(2) and 2(3) regarding board of directors. Ss. 3 and 7 are repealed and ss. 4 and 6 are amended.

Transitional_Small Drinking Water Systems (Health Protection and Promotion Act): O. Reg. 414/09 amends s. 2 by repealing the definition of "professional engineer" and adding a definition for "licensed engineering practitioner". S. 12 regarding wells serving as entry points for raw water supply is replaced.

Waste Management Projects (Environmental Assessment Act): O. Reg. 361/09 adds definitions for "renewable energy generation facility" and "renewable energy source" in subsection 1(1), adds Part I.1 regarding Application _ Renewable energy generation facilities, and amends subsection 1(2) and ss. 17 and 23.

PRINCE EDWARD ISLAND

ACTS

Environmental Protection Act: R.S.P.E.I. 2009, c. 69 is now in force adding definitions for "designated material", "recyclable material", "recycling" and "recycling facility", amending subsection 25(1) regarding regulations including, but not limited to, the replacement of clause (h) and adding clauses (tt.1) _ (tt.5) regarding recycling facilities and material stewardship programs. S. 28 regarding revocation is replaced and subsections 29.1(4), 32(1), and 32(3) are amended.

REGULATIONS

General (Smoke_free Places Act): EC2009_493 replaces subsections 1(1) and 1(2) providing definitions, s. 2 regarding designation of a smoking area is amended by replacing subsection 2(1) and adding subsections (5) and (6), ss. 3 and 7 are repealed, and s. 8 is replaced. Additional amendments are made to reflect these changes.

QUEBEC

ACTS

Highway Safety Code: Some sections of S.Q. 2007, c. 40 are now in force making amendments regarding drinking and driving. S.Q. 2008, c. 14, subsection 11(2) and s. 58 are now in force amending ss. 180 and 509.

YUKON

REGULATIONS

Carcross General Development Regulations (Area Development Act): O.I.C. 2009/60 amends schedule B by adding appendix A (map of Area to be Rezoned from P (Parkland_Greenbelt) to I (Institutional) and appendix B (map of Area to be rezoned to H and I).