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10-30-2008, 09:47 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 October 2008. If you would like to find out more about CCOHS' enviroOSH Legislation service, contact us at clientservices@ccohs.ca or toll-free in Canada and USA at 1-800-668-4284. Information about the service is also available online (http://www.ccohs.ca/products/legislation/legislation.html).

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CANADA

ACTS

Canada Marine Act: 2008, c. 21 (Bill C-23) amendments are now in force. Section 3 (Purpose of the Act) has been amended. Definitions for goods, fees, port authority, port facility have been amended. Sections 13.1 (Directors), 25.1 (Contribution), 30.1 (Borrowing policy), 45.1 (Acquisition of real property and immovables) 129.01 - 129.19 (Administrative Monetary Penalties) have been added to the act. These amendments adds a penalty scheme and streamlines other enforcement. Sections 25 (No appropriation), 39 (Business plan), 53 (Fees by contract), 73 (Navigable Waters Protection Act), 101 (Navigable Waters Protection Act) have been repealed and replaced. Other amendments have been made to add provisions regarding port amalgamation and modify a port authority's access to a federal funding. These amendments also modify the means of appointing Directors of port authorities adds regulatory powers to the Governor in
Council.

Explosives Act: As a consequential amendment of 2004, c. 15, some sections are in force which implement the Organization of American States Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials as it relates to explosives and ammunition. It prohibits the illicit manufacturing of explosives, and illicit trafficking in explosives. It allows for increased control over the importation, exportation, transportation through Canada, acquisition, possession and sale of explosives and certain components of explosives, and provides increased penalties for certain offences.

First Nations Land Management Act: SOR/2008-267 adds 3 items to the Schedule.

Hazardous Materials Information Review Act: 2007, c. 7 is now proclaimed in force. The
amendments: (a) allow a claimant to make a declaration that information in respect of which an exemption is claimed is confidential business information and that information substantiating the claim is available and will be provided on request; (b) allow a claimant to give an undertaking to the Hazardous Materials Information Review Commission to bring a material safety data sheet or a label into compliance with the provisions of the Hazardous Products Act or of the Canada Labour Code; and (c) allow the limited participation of the Commission before an appeal board. See sections 11, 16.1 (new), 17, 18, 20, 23, and 48.

Hazardous Products Act: SOR/2008-230 replaces item 34 (lighters) of Part II of Schedule I.

REGULATIONS

Canada Occupational Health and Safety Regulations (Canada Labour Code, Part II): SOR/2008-276 repeals paragraph 1(c) of Schedule IV (Part VI). This eliminates the provision prescribing a maximum level of lighting for air traffic control areas.

Collision Regulations (Canada Shipping Act, 2001): Changes are made to sections 2
(Interpretation - definitions), 3 (Application), 4 (Compliance), 5 (Proof of compliance - Lights, shapes, sound-signalling appliances and radar reflectors, 6 (Standards - Lights, shapes, sound-signalling appliances and radar reflectors), 7 (Notices to mariners and notices to shipping), and Schedule 1 (International regulations for preventing collisions at sea, 1972, with Canadian modifications).

Exclusion List Regulations, 2007 (Canadian Environmental Assessment Act): SOR/2008-259
amends Schedules 1 and 2 by adding newly excluded projects involving physical works that have been shown to cause insignificant environmental effects based on the results of previous environmental assessments; and modifying certain existing provisions to correct discrepancies between the English and French text, to clarify their scope, or to correct errors.

Hazardous Materials Information Review Act Appeal Board Procedures Regulations (Hazardous Materials Information Review Act): SOR/2008-262 amendments specify in greater detail the changes to the Act relating to streamlining the claim process for trade secret exemption from the disclosure requirements under WHMIS.

Hazardous Materials Information Review Regulations (Hazardous Materials Information Review Act): SOR/2008-261 amendments are in regard to the manner of filing a claim for exemption, the information to be contained in a claim, and the information substantiating a claim. See sections 8, 8.1, 9, and 11.2.

Motor Vehicle Tire Safety Regulations (Motor Vehicle Safety Act): SOR/2008-258 amendments include replacing paragraph 7(2)(a) (tire information), paragraphs 8(1)(d) and 14(2)(a) & (b) (tire identification), replacing Schedule III (tire identification number), adding item 10.1 to Table II of Schedule IV (inflation pressure).

National Energy Board Processing Plant Regulations (National Energy Board Act):
SOR/2008-270 adds new provisions which require companies to apply to the Board for approval whenever those companies undertake work which will result in the permanent cessation of the operation of a processing plant, or part of one, but where there will be no resulting discontinuance of service. See sections 42, 43, and 43.1.

Onshore Pipeline Regulations, 1999 (National Energy Board Act): SOR/2008-269 adds
provisions which require companies to apply to the Board for approval whenever those
companies undertake work which will result in the permanent cessation of the operation of a
pipeline or part of one, but where there will be no resulting discontinuance of service. See
sections 44, 45, 45.1, 50, and 56.

ALBERTA

ACTS

Public Health Act: As a consequential amendment of 2007, c. C-10.5 now proclaimed in force, the definitions of "institution" and "school" in section 1 are amended; subsection 66(1)(i) is amended.

REGULATIONS

Calgary Restricted Development Area Regulations (Government Organization Act): Alta. Reg. 151/2008 makes amendments to Schedule A.

Pressure Equipment Safety Regulation (Safety Codes Act): Alta. Reg. 150/2008 amendments provide that the regulation does not apply to a piping system that is subject to CSA standard Z7396.1 (see section 3(b); change section 6 to refer to a newer version of CSA standard Z662 and add a reference to the ASME Boiler and Pressure Vessel Code.

BRITISH COLUMBIA

ACTS

Forest Act: Some sections of 2008, c. 4 (Bill 8) are now proclaimed in force amending various sections to delete references to agreements "in the form of". A section of 2008, c. 20 (Bill 31) now proclaimed in force repeals subsection 47.6(2)(a) and makes a minor change to subsection 47.6(2.2).

Motor Vehicle Act: Sections of 2007, c. 14 are now in force. Under subsection 83(2.1), vehicles owners are liable for parking violations. Under 2008, c. 42 Part 8 (Police Accident Reports) and subsection 210(11) have been added and are in force. Section 67 and subsections 183(10) - (13) have been repealed. Subsections 68(1)(c) and 183(9)(c) have been amended.

Passenger Transportation Act: S.B.C. 2008, c. 30 amends the Act by repealing subsections 32(3), 36(3)(a)(iii) and 37(2)(c). Subsections 32.(1.1) , 34(7.1), 46(1.1), 57(c.1) and (g.1) have been added. Sections and subsections 30, 31(3)(b), 33, 34, 36(3), 37(2), 42, 43(a), 44, 46(1)(c), 47(4), 57 and 59(2) is amended by the act. Section 45 (Duty of licensee when ceasing operation of commercial passenger vehicle), is repealed and replaced.

Petroleum and Natural Gas Act: S.B.C. 2008, c. 36 amends definitions for 'licence', 'storage reservoir', 'storage well', 'test hole', 'unitized operation', 'well' and 'zone'. Sections and subsections 50(2), 85(c), 96(1)(g), 101 - 104, 114(1), 121(1), 122(1) and 133 have been amended and are now in force. Subsection 86(e)(i.1) has been added to the Act.

REGULATIONS

Administrative Orders and Remedies Regulation (Forest and Range Practices Act): B.C. Reg.
182/2008 amends section 14(d) (section reference).

Forest Planning and Practices Regulation (Forest and Range Practices Act): B.C. Reg. 182/2008 amends the regulation by adding definitions for 'adequate stocking density', 'suitable secondary structure' and 'targeted pine leading stand' in section 1. Sections 12.21 (Conditional exemption - section 43.1), 43.1 (Secondary structure retention in mountain pine beetle affected stands), 43.2 (Chief forester may designate timber supply areas or tree farm licence areas) and section 1.1 of Schedule 1 (Factors relating to objectives set by government for timber) have been added.

Passenger Transportation Regulation (Passenger Transportation Act): B.C. Reg. 192/2008
amends sections 13, 14, 17, 18 and 24. Section 19 (How special authorization vehicle identifiers and vehicle identification certificates are to be returned) has been repealed and replaced.

Wildfire Regulation (Wildfire Act): B.C. Reg. 213/2008 amends the regulation by repealing and replacing the definition for 'fire suppression system'. Definition for 'high risk activity' is
amended. Sections 4, 6, 7 and 9 are amended.

MANITOBA

ACTS

Environment Act: S.M. 2008, c. 39 (Bill 17) adds section 40.1 (prohibition of pig livestock areas and pig manure storage facilities) and a related schedule. Section 41 is also amended.

REGULATIONS

Manitoba Building Code (Buildings and Mobile Homes Act): The remainder of Man. Reg.
4/2008 is in force October 1, 2008, regarding storage garages (sentence 9.10.9.16(3) and
subsection 9.10.19A.); the first row of Table 9.25.5.2. is replaced.

The Livestock Manure and Mortalities Management Regulation (Environment Act): S.M. 2008, c. 39 amends the regulation by repealing section 16.4.

NEW BRUNSWICK

ACTS

Motor Vehicle Act (R.S.N.B. 1973, c. M-17): Sections of 2007, c. 44 are now proclaimed in
force, including provisions for field sobriety tests (section 310.001) and a police officer's
authority to stop (section 310.002), and sections 310.04 (administrative licence suspension) and 310.05 (review of administrative licence suspension). More sections of 2006, c. 24 are now proclaimed in force replacing subsection 310(1) (probationary licence) and adding sections 310.11 to 310.19 (alcohol ignition interlock device program).

REGULATIONS

General Regulation - Motor Vehicle Act: N.S. Reg. 2008-91 adds section 27.3 (field sobriety
test).

NOVA SCOTIA

REGULATIONS

Environmental Assessment Regulations (Environmental Act):N.S. Reg. 348/2008 amends the act by repealing and replacing Schedule A (Designated Class I and Class II Undertakings). Sections and subsections 4, 7(1), 9(1), 10(3), (4), 11(3), 12, 13, 15(1), 16(1), 18, 19, 20(1), 21(3), 22(2), (3), 26 have been amended. Sections 6, 8, 14, 19(3), (4), 28, 30 and 31 have been repealed. Sections 23 (Public consultation on environmental-assessment reports) has been repealed and replaced. Sections and subsections 4(2), 9(1A), (4), 10(1A), (1B), 13(3), (4), 19A (Notice of terms of reference) have been added to the regulation.

ONTARIO

ACTS

Health Protection and Promotion Act: The part of 2007, c. 10, Sch. D which adds subsections 7(5) to (7) (adoption of codes by guidelines) is now proclaimed in force.

REGULATIONS

Electricity Projects (Environmental Assessment Act): O. Reg. 336/08 adds subsection 8(4)
(waterpower project).

PRINCE EDWARD ISLAND

ACTS

Electrical Inspection Act: 2008, c. 11 (Bill 31) amends section 1, 2, and 5 to reference the
Canadian Electrical Code as referenced in the regulations under the Act. Section 8 is repealed. Effective November 1, 2008.

REGULATIONS

Occupational Health and Safety Act General Regulations: EC2007-652 amendments require
employers to measure the noise exposure of workers and inform them of the results; reduce noise levels and require hearing protection where the noise exposures exceed the specified exposure limits; ensure workers are given hearing tests if they have a noise exposure that exceeds prescribed limits; maintain records of hearing test results (see sections 8.1 - 8.10) In addition, section 13.1 (definition of "confined space") is replaced and section 45.12 is repealed. Effective October 31, 2008.

QUEBEC

ACTS

Building Act: As a consequential amendment of 2006, c. 29, now proclaimed in force, paragraph (1) of section 65.4 is replaced (contracting by public bodies).

Act respecting industrial accidents and occupational diseases (R.S.Q. c. A-3.001): 2008, c. 21 (Bill 68) adds subsection 42.1(b.1).

An Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, and the disposal of human bodies: 2008, c. 28 (Bill 95) amendments provide that a medical imaging laboratory may be operated only by a radiologist, a legal person or a partnership in which radiologists have a majority interest, or an association made up exclusively of radiologists. They also require that the operator of such a laboratory hold a permit, have the services provided in the laboratory accredited, and appoint a medical director. See new Division V.1 - Medical Imaging Laboratory, sections 30.1 - 30.5 and section 40.3.2. Section 40.3.3 is repealed.

Highway Safety Code (R.S.Q., c. C-24.2): 2008, c. 14 introduces provisions that will ensure
heightened enforcement, including road signage, mopeds, and penal and
administrative measures. The definition for moped is repealed and replaced. Amendments to sections 5.13, 31.1, 35, 90, 91, 93.1, 180, 181, 209.11, 213, 228, 262, 289, 308, 328, 388, 395 - 397, 456, 457, 459, 460, 463, 470.1, 473, 474, 517, 517.1, 519.10, 519.11, 519.25, 519.31, 519.63, 519.66, 520, 520.2, 543.12 - 543.16, 595, 596.5, 611.2, 618, 621, 628.1, 633.1, 636, 638.1 and 643.2 are now in force. Sections 303 and 519.77 have been repealed. Section 546.1.1 have been added. Chapter II (Control on Highways and Within Undertakings) has been repealed and replaced.

Mining Act: 2008, c. 26 (Bill 87) establishes a mining heritage fund to finance activities that
foster the development of mineral potential. It also introduces measures to govern the
establishment and management of the fund. See Division III - Mining Heritage Fund, sections 305.6 to 305.16.

Act respecting occupational health and safety: As a consequential amendment of 2006, c. 29, now proclaimed in force, section 167.1 & 167.2 are replaced (Commission must adopt certain policies) and new section 176.0.3 is added (non-application of an Act to Commission).

REGULATIONS

Regulation respecting waste water disposal systems for isolated dwellings (Environment Quality Act): 777-2008 amends the regulation by amending section 3 and replacing 31.1(d) and 39.2(a). Section 90.1 has been added (special provisions applicable to Basse-Côte-Nord).

SASKATCHEWAN

REGULATIONS

Boiler and Pressure Vessel Regulations (Boiler and Pressure Vessel Act, 1999): Sask. Reg.
79/2008 amends fee amounts throughout the regulation, including the fees in Tables 1-11 in the Appendix.

Passenger and Freight Elevator Regulations, 2003 (Passenger and Freight Elevator Act): Sask. Reg. 80/2008 replaces Part II of the Appendix (Fees).

YUKON

REGULATIONS

Interim Whitehorse Periphery Development Area Regulations (Area Development Act): O.I.C. 2008/22 adds sections 31 (land in Commercial Office zone), 32, and 33.

Motor Vehicles Regulations (Motor Vehicles Act): O.I.C. 2008/08 amends the regulation
regarding licences. See sections 6.2, 6.4, 6.5, 6.6, and 7.