Report No. 2009-25 Bi-weekly Listing of New Legislation

Index

• Jurisdictions

• Federal
• Alberta
• British Columbia
• Manitoba
• New Brunswick
• Newfoundland and Labrador
• Northwest Territories
• Nova Scotia
• Nunavut
• Ontario
• Prince Edward Island
• Quebec
• Saskatchewan
• Yukon

• Standards, codes and guidelines
• Industry initiatives
• US and International initiatives
• Legal insights
• Professional development

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Canadian Environmental Compliance Regulatory Alert (CECRA) references current federal and provincial bills, regulations, notices and proclamations considered by our expert editors to be of interest to all those with responsibilities for environmental compliance in industry and government.

Wherever possible, direct links to the Internet are provided, making CECRA a reilable portal capable of immediately linking its subscribers to an almost unlimited resource of current industry-related targeted draft legislation, proposals, verbatim acts, regulations, source documents, ministerial speeches, industry standards and technical compliance guidelines. Each edition of CECRA cumulatively builds the Canadian Environmental Compliance Reference Archive , which is searchable by keyword through the host Templegate Information Services website and which is available to all CECRA subscribers.

Subscribers are invited to participate in adding to the comprehensive nature of this service by suggesting content areas to be tracked on a regular basis. Wherever possible CECRA editors will include information of specific interest to its subscribers. For more informaiton, or to subscribe now, contact CECRA staff directly at:Templegate Information Services at (416) 920-0768 or send your suggestions in an email to publications@templegateinfo.com

Note: Although every effort has been made to ensure the accuracy of the information included in the Regulatory Alert as of the date on which it was received, legislation, regulations and government policies are all subject to frequent change. Accordingly, Templegate Information Services Inc. cannot assume any responsibility for actions taken solely or principally on the basis of the information contained in this Regulatory Compliance Alert.

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Federal government initiatives

BILLS

REGULATIONS
Canada Gazette, Part II

Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations now in force

New Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations, pursuant to the Canadian Environmental Protection Act, 1999 (CEPA 1999) are now in force. The new regulations set mandatory VOC concentration limits for 53 categories of architectural coatings. Products in these categories, imported or manufactured for use in Canada, will be subject to the provisions of the regulations. Prohibitions applicable to the manufacture and import take effect over a period of five years, beginning one year after the regulations were registered (September 9, 2009) with a subsequent two-year sell-through period for each coating category.
Impacts on industry: For manufacturers, the incremental cost of meeting the requirements of the regulations include: one-time cost to reformulate coatings to meet the VOC concentration requirements of the regulations;one-time new substance notification costs for new substances in low-VOC coating formulations;one-time cost to meet labelling requirements;other one-time costs including capital expenditures for new/upgraded storage facilities necessary for low-VOC coatings;annual, recurring administration cost; and • annual, recurring raw materials cost. For more information contact: Environment Canada, Martin Jeanson, Senior Program Engineer (819) 997-7935; fax: (819) 953-3132; email: martin.jeanson@ec.gc.ca

PROPOSED REGULATIONS AND NOTICES

Canada Gazette, Part I December 26, 2009
Gazette: http://www.gazette.gc.ca/rp-pr/p1/2009/2009-12-26/html/index-...
Gazette pdf: http://www.gazette.gc.ca/rp-pr/p1/2009/2009-12-26/pdf/g1-1435...

Canadian Environmental Protection Act, 1999 (CEPA 1999)

Notice with respect to Batch 12 Challenge substances

Notice with respect to Batch 12 Challenge substances; announces that the Minister of the Environment is assessing substances listed in Schedule 1 to the notice; requires any person described in Schedule 2 to the notice, who possesses or who may reasonably be expected to have access to the information required in Schedule 3 to the notice provide that information no later than April 27, 2010.

Notice of twelfth release of technical information relevant to substances identified in the Challenge; challenges interested parties to submit the specific information detailed in the technical documentation, available on the Chemical Substances website. Website: http://www.chemicalsubstances.gc.ca

Canada Gazette, Part I December 19, 2009
Gazette: http://www.gazette.gc.ca/rp-pr/p1/2009/2009-12-19/html/index-...
Gazette pdf: http://www.gazette.gc.ca/rp-pr/p1/2009/2009-12-19/pdf/g1-1435...

Canadian Environmental Protection Act, 1999 (CEPA 1999)

Proposed Release and Environmental Emergency Notification Regulations

Fisheries Act
Proposed Deposit Out of the Normal Course of Events Notification Regulations
Comments accepted for 60 days; regulations designate and prescribe persons providing 24-hour emergency telephone service for Environmental Occurrences Notifications Agreements with provinces/territories.

Arctic Waters Pollution Prevention Act

Proposed Order Amending the Shipping Safety Control Zones Order

Comments accepted for 60 days; will bring existing shipping safety control zones in line with revisions introduced by An Act to amend the Arctic Waters Pollution Prevention Act (Bill C-3; royal assent June 11, 2009).

ANNOUNCEMENTS

CEPA Environmental Registry Notices:

Proposed regulations to manage end-of-life for Ozone-depleting substances

January 8, 2009 - Environment Canada will be drafting proposed regulations to manage the end-of-life of ozone-depleting substances and their halocarbon alternatives; proposed regulations may require importers, manufacturers, distributors and reclaimers of chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), hydrofluorocarbons (HFCs), and perfluorocarbons (PFCs) for use in the cooling sector to participate in extended producer responsibility (EPR) program; consultations held November 30 and December 1, 2009; Environment Canada considering possibility of holding further consultation meetings with stakeholders. Contact: Ozone Protection Programs, Chemicals Management Division, Environment Canada, email: OzoneProtectionPrograms@ec.gc.ca Consultation document: http://www.ec.gc.ca/ceparegistry/documents/participation/ODS/...

Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Consultation draft posted December 7, 2009; will limit greenhouse gas (GHG) emissions from new vehicles beginning with the 2011 model year. Comments will be accepted until January 15, 2010. The draft regulations will subsequently be published in Canada Gazette Part I for a 60 day comment period.
Draft regulation: http://www.ec.gc.ca/ceparegistry/documents/regs/ghg/COM1103_D...
Contact: Ed Crupi, Energy and Transportation Directorate, Environment Canada (819) 994-2230; fax: (819) 953-9547; email: GHGRegDev_Vehicles@ec.gc.ca website: http://www.ec.gc.ca

ANNOUNCEMENTS

Natural Resources Canada (NRCan):

Energy retrofit projects put on fast track

December 2009 - Effective immediately, industrial clients who have already successfully completed an energy efficiency retrofit project are no longer required to wait 12 months before reapplying for a second project at the same facility. The baseline for the second project will be calculated using the information provided in the previous application less the projected energy savings that were already incented. Contact: Lindsay Houle, NRCan Industrial Programs Division (613) 947-1733; email: Lindsay.Houle@NRCan-RNCan.gc.ca NRCan energy retrofit website: http://oee.nrcan-rncan.gc.ca/industrial/financial-assistance/retrofit/index.cfm?attr=24

Canadian Council of Ministers of the Environment (CCME):

CCME reviewing approaches and assumptions for calculating acid deposition critical loads

The Canadian Council of Ministers of the Environment (CCME) recently launched a review of current approaches and assumptions for calculating acid deposition critical loads. Participants recommended that Canada should continue to apply steady-state models to map critical loads at a national scale as a useful tool to inform emission control policies. For this reason, knowing the degree and sources of uncertainty in critical load and excedence estimates would be useful information for decision-makers and also for the science community in terms of what work is needed to improve these estimates. The review is intended to address this issue. A final report is scheduled for March 2010. For more information: Contact: CCME Secretariat (204) 948-2090; fax: (204) 948-2125; email: info@ccme.ca Access CCME website: http://www.ccme.ca

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Alberta government initiatives

BILLS

REGULATIONS

Regulation delegates storage tank systems management to PTMA

Alberta Regulation 343/2009 Storage Tank System Management Amendment Regulation; in force January 1, 2010; amends AR 254/2000 under the Government Organization Act; delegates the powers, duties and functions of the authority having jurisdiction with respect to storage tanks systems to the Petroleum Tank Management Association of Alberta for certain issues (i.e. assignment of site sensitivity classifications, notification of leaks and spills). Amending regulation: http://www.qp.alberta.ca/documents/orders/orders_in_council/2009/1209/2009_641.html AR 254/2000: http://www.canlii.org/en/ab/laws/regu/alta-reg-254-2000/lates...

ANNOUNCEMENTS

Alberta Energy Resources Conservation Board (ERCB):
http://www.ercb.ca

December 22, 2009: Revised Directive 010: Minimum Casing Design Requirements; allows the use of existing casing and coupling inventory if additional conditions in section 1.3.1 are met. Directive 010: http://www.ercb.ca/docs/documents/directives/Directive010.pdf... Contact: ERCB (403) 297-8311; email: Inquiries@ercb.ca

Carbon Offset Solutions:
http://carbonoffsetsolutions.climatechangecentral.com

December 2009 - Technical Guidance for Offset Project Developers: Version 2.0 DRAFT; designed to help offset market participants implement offset projects where the intended final purchaser is a facility regulated under the Specified Gas Emitters Regulation pursuant to Alberta’s Climate Change and Emissions Management Act. Document: http://carbonoffsetsolutions.c... Contact: Alberta Environment, Carbon Offset Solutions (403) 517-2700; toll-free: 1 (866) 609-2700; email: contact@climatechangecentral.com

December 8, 2009 - EnCana Corporation: Appeal of ERCB High Risk Enforcement Action 1; announces the board has granted an appeal filed by EnCana Corporation in response to a high risk enforcement action issued by the ERCB; has rescinded the enforcement action; and provides details. http://www.ercb.ca/docs/documents/decisions/2009/2009-066.pdf...

October 1, 2009 - Bulletin 2009-32 announcing the “release for testing until November 13, 2009” of an updated version of ERCBH2S (Version 1.20 Beta) for Directive 071: Emergency Preparedness and Response Requirements for the Petroleum Industry. A finalized Version 1.20 will be released early in 2010. Access the bulletin (4 pages); Access Directive 071 (97 pages).

Carbon Offset Solutions:
http://carbonoffsetsolutions.climatechangecentral.com

December 2009 - Technical Guidance for Offset Project Developers: Version 2.0 DRAFT; designed to help offset market participants implement offset projects where the intended final purchaser is a facility regulated under the Specified Gas Emitters Regulation pursuant to Alberta’s Climate Change and Emissions Management Act. Document: http://carbonoffsetsolutions.cl...Contact: Alberta Environment, Carbon Offset Solutions (403) 517-2700; toll-free:1 (866) 609-2700; email: contact@climatechangecentral.com

Climate Change Central (CCC):

in collaboration with the Canadian Fertilizer Institute (CFI), CCC is developing a proposed nitrous oxide emission reduction protocol (NERP). The Alberta Offset System has posted online, Decision Paper Results for Nitrous Oxide Emission Reduction Protocol, part of a June 2009 webinar and was issued to facilitate consensus among scientific researchers and technical practitioners concerning the remaining decisions needed to complete the technical and operational framework of the NERP. For more information: Contact Climate Change Central (403) 517-2700; toll-free: 1 (866) 609-2700; fax: (403) 517-2727; email: contact@climatechangecentral.com Access Climate Change Central website here Access the decision paper here (34 pages) Access the Carbon Offset Solutions website here

The Alberta Water Council (AWC) recently released Review of Implementation Progress of Water for Life, 2006-2008 - a report that calls for better integration with other strategies and actions related to land, air, biodiversity, and cumulative impacts of development - specifically ensuring good coordination and integration with Alberta’s Land Use Framework. For more information contact: Alberta Water Council (780) 644-7373; Access the AWC report (44 pages) Access the Water for Life website

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BC government initiatives

REGULATIONS

New Renewable and Low Carbon Fuel Requirements Regulation

Under the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, the Renewable and Low Carbon Fuel Requirements Regulation will reduce the carbon intensity of transportation fuels to 10 per cent by 2020. Regulation: http://www.bclaws.ca/Recon/docu... Contact: Ministry of Energy, Mines and Petroleum Resources (250) 952-0628; website: http://www.empr.gov.bc.ca

Carbon Tax Regulation amended

BC Reg. 125/2008 Carbon Tax Regulation (under the Carbon Tax Act) has been amended to address issuing of registered consumer certificate to an interjurisdictional air service and retention of records used for an appeal. Revised BC Reg. 125/2008: http://www.canlii.org/en/bc/laws/regu/bc-reg-125-2008/latest/...

Wood Residue Burner and Incinerator Regulation undergoing revision

BC’s Ministry of Environment recently announced that it intends to revise the Wood Residue Burner and Incinerator Regulation, pursuant to the Environmental Management Act, and repeal the associated Rebate of Waste Management Fees Regulation. The Wood Residue Burner and Incinerator Regulation (WRBIR) established the phase-out dates and operating conditions for specified burners and sets emission limits and fees for the discharge of associated particulate matter for all burner facilities in the province. For more information contact BC Ministry of Environment, via Enquiry (604) 660-2421; email: EnquiryBC@gov.bc.ca

ANNOUNCEMENTS

Ministry of Environment:
http://www.env.gov.bc.ca

Government consulting on cosmetic use of pesticides

December 2009 - Cosmetic Use of Pesticides In British Columbia: Public Consultation Paper; comments due February 15, 2010; issues include objectives in regulating the cosmetic use of pesticides; notification and signage requirements; sale and purchase of pesticides; compliance and enforcement. Consultation paper: http://www.env.gov.bc.ca/epd/ipmp/regs/cosmetic-pesticides/pd... Consultation website: http://www.env.gov.bc.ca/epd/ipmp/regs/cosmetic-pesticides/co...

New contaminated sites definitions, protocols & procedures

Ministry of Environment: December 2009: Definitions and Acronyms for Contaminated Sites consolidates in one document, acronyms and definitions relating to contaminated sites in the Environmental Management Act, Contaminated Sites Regulation, and various contaminated sites protocols and procedures. http://www.env.gov.bc.ca/epd/remediation/policy_procedure_pro...
Procedures for the Roster of Approved Professionals. New version 5 adds insurance requirements for approved professionals and expands the scope of approved professional work upon which the ministry may rely. http://www.env.gov.bc.ca/epd/remediation/policy_procedure_pr...

New Protocols under Environmental Management Act

Posted December 2009; in effect June 1, 2010; must be used when the risk classification of a site is being determined under the act.
• Protocol 12: Site Risk Classification, Reclassification and Reporting
http://www.env.gov.bc.ca/epd/remediation/policy_procedure_pro...

• Protocol 11: Upper Cap Concentrations for Substances Listed in the Contaminated Sites Regulation
http://www.env.gov.bc.ca/epd/remediation/policy_procedure_pro...

• Protocol 16: Determining the Presence and Mobility of Nonaqueous Phase Liquids and Odorous Substances.
http://www.env.gov.bc.ca/epd/remediation/policy_procedure_pro...
For more information email: site@gov.bc.ca

Metro Vancouver to update Solid Waste Management Plan

Metro Vancouver is updating the1995 Solid Waste Management Plan (SWMP) and has posted online, Management of Municipal Solid Waste in Metro Vancouver-A Comparative Analysis of Options for Management of Waste After Recycling. The document was prepared by AECOM Canada Ltd. and focuses on recovery and disposal - the last two steps of the hierarchy in the Metro Vancouver Zero Waste Challenge - adopted in 2007. The zero waste challenge proposes a number of actions to increase waste diversion from the current rate of 55 per cent to 70 per cent by 2015. For more information: Contact Metro Vancouver (604) 432-6200; fax: (604) 436-6901; email: icentre@metrovancouver.org Access Management of Municipal Solid Waste in Metro Vancouver-A Comp... (295 pages) Access the 1995 SWMP (111 pages). Access additional information and SWMP review documents on the Metro Vancouver Planning portal.

Guidance issued on application of provincial air quality criteria for PM2.5

In May 2009, BC adopted new ambient air quality criteria for particulate matter 2.5 microns or smaller in diameter (PM2.5). The criteria include a daily target of 25 ug/m3 (micrograms per cubic metre); an annual target of 8 ug/m3; and a planning goal of 6 ug/m3 annual. The Ministry of Healthy Living and Sport has posted online Guidance on Application of Provincial Air Quality Criteria for PM2.5. The document provides guidance on the application of the air quality criteria for ministry staff and stakeholders. For more information: contact BC Ministry of Healthy Living and Sport, via Enquiry BC (250) 387-6121; email: EnquiryBC@gov.bc.ca Access the Guidance on Application of Provincial Air Quality Criteria fo... document (18 pages). Access the BC Air Quality website

Environmental Assessment Office releases updated user guide

British Columbia’s Environmental Assessment Office (EAO) released in September 2009, Environmental Assessment Office 2009 User Guide. The document is designed to help proponents and participants understand the BC environmental assessment process administerd by the EAO. The first section of the guide provides an overview of the EAO’s role in the process; how the office works with the Canadian Environmental Assessment Agency; and the relevant legal framework. The second section of the guide explains the main steps in the environmental assessment process. Access the Environmental Assessment Office 2009 User Guide here (39 pages)

OGC proposes regulatory adoption of CSA Z246.1-09 standard on security management

British Columbia’s Oil & Gas Commission (OGC) recently issued, Information Letter #OGC 09-27: Proposed Regulatory Adoption of Canadian Association Standard CSA Z246.1-09 Security Management for Petroleum and Natural Gas Industry Systems. The notice announces the OGC intends to adopt the Canadian Standards Association (CSA) standard CSA Z246.1 through reference in regulation, making the content mandatory for all permit holders under the commission’s authority. Comments will be accepted until December 31, 2009.

Background: CSA Z246.1 was published in August 2009 and specifies criteria for establishing a security management program for petroleum and natural gas industry systems to ensure security threats and associated risks are identified and managed. The standard provides mitigation and response processes and procedures to prevent and minimize the impact of security incidents that could adversely affect people, the environment, assets, and economic stability. For more information: Contact OGC, Ken Paulson, P. Eng. (250) 787-3456; email: Ken.Paulson@gov.bc.ca Access the information letter (2 pages)

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Manitoba government initiatives

BILLS

Bill 29 amendments now in force give ministry officers expanded powers to intervene

The Environment Amendment Act (Bill 29; royal assent June 2009) proclaimed in force December 1, 2009; published in December 12, 2009, Manitoba Gazette; revisions prohibit unauthorized release of pollutants that have a significant negative impact on the environment; provide environment officers with expanded powers of intervention. Bill 29: http://web2.gov.mb.ca/bills/39-3/pdf/b029.pdf The Environment Act: http://web2.gov.mb.ca/laws/statutes/ccsm/e125e.php Purchase gazette: Queen’s Printer (204) 945-3102; website: http://www.gov.mb.ca/queensprinter

REGULATIONS

Biodiesel requirements now in force

Regulation 147/2009 Biodiesel Mandate For Diesel Fuel Regulation, pursuant to The Biofuels Act, took effect November 1, 2009. The biodiesel sales mandate for a fuel supplier who sells diesel fuel in Manitoba is as follows: two per cent of the total volume of (a) diesel fuel; and (b) diesel fuel contained in blended biodiesel, sold in Manitoba by the fuel supplier in a reporting period must be biodiesel. The ‘reporting period’ means (a) the period November 1, 2009 to December 31, 2011; and (b) after December 31, 2011, the calendar year. The province will also consider a higher mandate once there is a Canadian fuel standard in place for biodiesel blends above five per cent. In addition, Manitoba intends to provide greater support for local biodiesel and economic development opportunities by replacing the current fuel tax exemption with a 14 cent per litre, five-year production grant for both on- and off-road biodiesel produced in Manitoba. For more information: Contact: Science, Technology, Energy and Mines, via Manitoba Inquiry (204) 945-3744; email: mgi@gov.mb.ca website: Access the new regulation here (9 pages).

ANNOUNCEMENTS

Consultations lauched re: plastic bag use

Manitoba Conservation, December 2009; Consultations launched to discuss reducing plastic bag use; Comments accepted until January 15, 2010. Contact: Manitoba Conservation, email: pollupreve@gov.mb.ca Access the consultation website (includes a questionnaire) at: http://www.gov.mb.ca/conservation/pollutionprevention/plastic...

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New Brunswick government initiatives

BILLS

PROCLAMATIONS

Order in Council 2009-453: Public Health Act in force November 20, 2009
Order in Council 2009-454 An Act to Amend the Public Health Act; in force November 20, 2009.

REGULATIONS

The Royal Gazette December 16, 2009
Gazette: http://www.gnb.ca/0062/gazette/RG20091216.pdf

Pesticides Control Act - Notice of prohibitions and restrictions banning the use and sale of certain pesticides.

The Royal Gazette December 2, 2009 (101 pages)
http://www.gnb.ca/0062/gazette/RG20091202.pdf

On-Site Sewage Disposal System Regulation, under Public Health Act; addresses licence requirements; standards for septic tanks and sewage holding tanks; inspection; docuemnts; in force November 20, 2009.

The Royal Gazette October 14, 2009
http://www.gnb.ca/0062/gazette/RG20091014.pdf

Regulation 2009-107, pursuant to the Crown Lands and Forests Act, amends N.B. Reg. 86-160 Timber Regulation to add new section 2.1 Forest Operations Compliance Audits. A new Schedule B.Section 2.1 provides that a forest audit report will assess the compliance of a licensee. Where non-compliance is significant, the licensee will be required to submit a compliance action plan and a penalty will be imposed in a range set out in Schedule B for the category of non-compliance. Access The Royal Gazette notice (62 pages). Access N.B. Reg. 86/160. For more information contact: Department of Natural Resources (506) 453-2510; fax: (506) 444-5839; email: dnrweb@gnb.ca

ANNOUNCEMENTS

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Newfoundland and Labrador

BILLS

REGULATIONS

ANNOUNCEMENTS

MMSB announces launch of new solid waste management innovation fund

Newfoundland & Labrador’s Multi-Materials Stewardship Board (MMSB) recently launched a new Solid Waste Management Innovation Fund for the research and development of new or improved products, services, and processes that support implementation of the provincial Solid Waste Management Strategy. For more information contact: MMSB (709) 753-0948; email: inquiries@mmsb.nl.ca Access the Solid Waste Management Strategy at: http://www.releases.gov.nl.ca/releases/2007/mpa/0508n01.htm

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Northwest Territories

BILLS

REGULATIONS

ANNOUNCEMENTS

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Nova Scotia environmental initiatives

BILLS

REGULATIONS

Department of Environment:
http://www.gov.ns.ca/nse

Proposals to improve municipal water approvals protocols

December 29, 2009 - Province proposing improvements to Municipal Water Approvals Protocols; Guidelines for Monitoring Public Drinking Water Supplies being revised; comments due March 31, 2010. Updated drinking water treatment standards document: http://www.gov.ns.ca/nse/water /docs/consultation.Treatment.S...Draft revised Guidelines for Monitoring Public Drinking Water Supplies (50 pages): http://www.gov.ns.ca/nse/water /docs/consultation.Guidelines.... Consultation website: http://www.gov.ns.ca/nse/water/ Contact: Department of Environment (902) 424-3600.

Proposals to ban use and sale of cosmetic pesticides

December 29, 2009 - Proposed ban on the use and sale of non-essential lawn care pesticides; Limiting our risk: A discussion paper about a proposed provincial ban on non-essential lawn care pesticides; posted online; comments will be accepted until March 7, 2010. Document: http://www.gov.ns.ca/nse/pests/docs/Consultation.Paper-Limiti...Comment by phone: 1 (888) 320-0555; fax: (902) 424-0644; email: Policy@gov.ns.ca online: http://www.gov.ns.ca/nse/pests/discussing.pesticides.asp

Draft Wetland Conservation Policy released for comment

Nova Scotia’s Minister of Environment, Sterling Belliveau, recently released a draft of the government’s new Wetland Conservation Policy. For more information: Contact: Penny McCormick, Department of Environment (902) 424-2575; email: mccormpl@gov.ns.ca Access the draft policy here (19 pages)

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Nunavut

BILLS

REGULATIONS

ANNOUNCEMENTS

INAC land use planning and impact assessment in Nunavut

Indian and Northern Affairs Canada (INAC) has released a draft Nunavut Land Use Planning and Impact Assessment Act. For more information contact: INAC 1 (800) 567-9604; email: InfoPubs@ainc-inac.gc.ca Access the proposed act (129 pages). Access related presentation discussing the proposed act (16 pages).

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Ontario environmental initiatives

BILLS

REGULATIONS

Regulation under Toxics Reduction Act, 2009 now in force

Regulations under The Toxics Reduction Act, 2009 are now in force. The regulation applies to all Ontario facilities where:

• a toxic substance appearing on a prescribed list of substances is used or created;
• the amount of the prescribed toxic substance used or created exceeds a specified threshold;
• more than a prescribed minimum number of persons is employed; and • the facility belongs to a prescribed sector.

The act requires facilities to, in part: track and quantify the toxic substances used or created at the facility and prepare a toxic substance reduction plan for each toxic substance.

The toxic substances regulation: designates toxic substances as (a) those included in Schedule 1 of Notice with respect to substances in the National Pollutant Release Inventory for 2008, published in the February 16, 2008, edition of Canada Gazette Part I; and (b) acetone.

Table A of the proposed regulation lists the 47 priority substances and substance groups for which the regulatory requirements would begin (Phase I). The ministry will inform stakeholders and the public of any changes to the list of toxic substances through the Environmental Registry. Class of facilities and thresholds: The proposed regulation also prescribes the class of facilities (sectors) that would be subject to the requirements of the act and regulation plus the toxic substances and employee thresholds. Note: the proposed thresholds are generally the same as those in the federal National Pollutant Release Inventory.

Facilities in the regulated class that use or create a substance listed in Table A of the proposed regulation and meet the designated thresholds:

• will be subject to the tracking and quantifying of toxic substances beginning January 1, 2010;
• must provide a report for the previous calendar year to the ministry by June 1, 2011; and
• will be required to complete a toxic substances reduction plan and provide a summary of the plan to the ministry by December 31, 2011.

Toxic substance accounting: The proposed regulation requires facilities to identify and describe the process(es) that involve a toxic substance at every stage of the manufacturing or mineral processing operation. The ministry also proposes that tracking and quantification of each toxic substance are undertaken using best available methods so the facility records the amount of substance that is used, created, transformed, destroyed, contained in product that leaves the facility, released into air, land, or water, is disposed of, and transferred.

Toxic substance reduction plans: While section 4 of the act describes some of the content elements of the toxic substance reduction plans, the regulation proposed that process flow diagrams that depict each process at every stage of the manufacturing operation at the facility be included in the plan as well as the methods that were used for the tracking and quantification. The regulation also prescribes, in general terms, how facilities would identify and describe options for toxics reduction and the way in which facilities would evaluate the options to determine technical and economic feasibility. Facilities would not be expected to identify and describe options that are in conflict with another law or those that would have a greater negative impact to human health and the environment.

Review of the Toxic Substance Reduction Plans: The regulation will require that toxic substance reduction plans be reviewed in 2018 and every five years thereafter and following a significant process change at the facility. Facilities would be required to review their plans in their entirety and update them in light of better available methods and/or new options (e.g. green chemistry solutions, new technologies). It is proposed that the highest ranking employee would be required to certify the new version of the plan.

Information made available to the public: Basic facility information, the amount of toxic substances used, created, and contained in product, and the amount released, disposed of, and transferred in precise quantities would be reported to the public. In addition, a comparison between the current and previous reporting periods, stating any changes and a summary of the explanation for the changes, would also be reported to the public.

Alert:: The ministry will defer proclamation of sections in the Toxics Reduction Act, 2009 related to: • accredited toxics reduction planners: section 4(3), 4(4); • substances of concern: section 11; and • administrative penalties: section 30. It is proposed that regulations will be developed at a later date to provide detail on accredited toxics reduction planners, requirements related to substances of concern, and substance of concern reports and administrative penalties. The Ministry of the Environment is also proposing a broader Toxics Reduction Strategy that would include, in part, the following components: • support to industry and a green economy: and • compliance assistance, technical assistance, and financial incentives to encourage toxics reduction, with a focus on small businesses.

For more information: Contact Ana Tinta, Policy Analyst, Ontario Ministry of the Environment (416) 212-2128; fax: (416) 326-6679; Access the proposed toxic substances regulation here (25 pages) Access the registry posting here

ANNOUNCEMENTS

Environmental Bill of Rights (EBR) Registry:

Guideline on Management of Biomedical Waste in Ontario updated

Ministry of the Environment - January 12, 2010 - Guideline C4: The Management of Biomedical Waste in Ontario has been updated and finalized; provides best management practices for generators of biomedical waste and for carriers and receivers of biomedical waste and is now consistent with revised federal guidelines, standards, and regulations dealing with biomedical waste management and current medical practices. The guideline will also, in part, inform the ministry’s review of applications for certificates of approval for waste management systems and waste disposal sites under Part V of the Environmental Protection Act. Guideline: http://www.ene.gov.on.ca/envision/env_reg/er/documents/2010/G... Registry posting (#010-3864): http://www.ebr.gov.on.ca/ERS-WE...

Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste amended and finalized

Ministry of the Environment - December 2009 - Registration Guidance Manual for Generators of Liquid Industrial and Hazardous Waste amended and finalized in December 2009; provides guidance for waste generators, processors, and receivers regarding the regulatory requirements for hazardous wastes; Land Disposal Restrictions (LDR) Handbook December 2009 also released; provides step-by-step guidance to the LDR program. Registration guidance manual: http://www.ene.gov.on.ca/envision/env_reg/er/documents/2009/L...Handbook: http://www.ene.gov.on.ca/envision/env_reg/er/documents/2009/L... Contact: Ministry of the Environment, Frank Coschi (416) 314-4191; website: http://www.ene.gov.on.ca Registry #PA07E0002:http://www.ebr.gov.on.ca/ERS-WE...

Decision notices for amendments to O. Reg. 419/05 Air Pollution-Local Air Quality Decision 010-8688

http://www.ebr.gov.on.ca/ERS-WE...

Decision 010-6241 http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticeconten...
Decision 010-6587 http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticeconten...
Decision 010-6589 http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticeconten...

Call for public input on revisions to waterpower and windpower site release policy

Ministry of Natural Resources - December 2009 - Notice seeking public input on proposed phase one revisions to the waterpower and windpower site release policy and procedure documents; comments due February 5, 2010. Registry #010-7895 http://www.ebr.gov.on.ca/ERS-W...

500% increase in incentives for solar heating

Ministry of Energy and Infrastructure - December 2009 - Ontario Solar Thermal Heating Initiative now provides up to $400,000 per project - an increase of five times over the previous $80,000; matched by the federal government, applicants can now obtain up to $800,000. Contact: Ministry of Energy and Infrastructure 1 (888) 668-4636; website: http://www.mei.gov.on.ca

Revised energy Distribution System Code supports renewables

The Ontario Energy Board (OEB) announced September 21, 2009, completion of two initiatives related to the Green Energy Act that promote connecting renewable resources efficiently. The first initiative amends the Distribution System Code (DSC) to ensure viable generation projects, in particular renewable generation, are connected in a timely manner. The second initiative amends the Retail Settlement Code (RSC) and the DSC to simplify the payment procedures for generation facilities that qualify under the Ontario Power Authority’s (OPA) Feed-in-Tariff (FIT) program to obtain energy from renewable energy sources. Both sets of amendments are now in effect. For more information: Contact: OEB (416) 314-2455; toll-free: 1 (877) 632-2727. To help ensure that electricity distributors meet the requirements for renewable generation connection, smart grid implementation, and conservation and demand management, the OEB is presenting monthly webcasts, beginning September 2009, to address ongoing implementation issues. Details will be posted on the OEB website as they become available (see link below). Access the Green Energy Act; Access the DSC (72 pages); Access the RSC (78 pages); Access the webcast website

Minister approves consolidated MHSW program plan

Waste Diversion Ontario (WDO) announced September 23, 2009, the Minister of the Environment has approved the consolidated municipal hazardous or special waste (MHSW) program plan, in effect July 1, 2010, and comprised of the following documents:

• Final Consolidated Municipal Hazardous or Special Waste Progr...
• Final Consolidated Municipal Hazardous or Special Waste Prog...
• Final Consolidated Municipal Hazardous or Special Waste (MHSW...

For more information: Contact: WDO (416) 226-5113; fax: (416) 226-1368; email: wdo@wdo.ca website: http://www.wdo.ca

Preliminary fees for 2010 BB and phase 1 MHSW materials

Stewardship Ontario has posted online, Preliminary Fees for 2010 Blue Box & Phase 1 MHSW Materia... - a pdf of the material presented at a September 10, 2009, meeting held to discuss 2010 steward fees for blue box (BB) and phase 1 municipal hazardous or special waste (MHSW) materials. See also related document Blue Box Stewards: Preliminary Fees for 2010 (1 page; chart format; shows changes from 2009 to 2010) MHSM Stewards: Preliminary Phase 1 Year2 Fee Rates by Materia... (1 page; chart format shows changes from year one to two)

For more information: Contact: Stewardship Ontario (416) 323-0101; email: info@stewardshipontario.ca

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Prince Edward Island

BILLS

REGULATIONS
Royal Gazette - December 26, 2009
Gazette: http://www.gov.pe.ca/royalgazette/pdf/20091226.pdf

Regulation defines requirements to apply for recycling facility permit

Regulation EC2009-690 Materials Regulation, pursuant to the Environmental Protection Act; in force; prohibits the unauthorized operation of recycling facility; defines procedure/requirements to apply for recycling facility permit.

ANNOUNCEMENTS

New online contaminated sites registry launched for PEI

Prince Edward Island has released a new web tool that allows users to determine if a piece of land is contaminated by entering the parcel identifier. In some cases details on the condition of the property that lead to its designation as contaminated are also provided. Access the registry here.

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Quebec

BILLS

Sustainable Forest Development Act tabled

Bill 57 Sustainable Forest Development Act; tabled June 12, 2009; approved in principle December 1, 2009; establishes a forest regime designed to implement sustainable forest development through an ecosystem-based strategy. Bill 57: http://www.assnat.qc.ca/eng/39legislature1/Projets-loi/Public...

REGULATIONS

Quebec regulation introduces mandatory reporting for water taking

Beginning March 2010, annual reporting of water withdrawals will be mandatory in Quebec. Reporting will be done electronically and passwords to access the online declaration forms will be issued in February 2010, along with an instruction guide. The Regulation respecting the declaration of water withdrawals (the Regulation) adopted under the Environment Quality Act came into force on September 10, 2009.

Scope of the Regulation and Exemptions: The Regulation applies to organizations whose water withdrawals total an average daily volume of 75 cubic meters or more. The Regulation applies to primary withdrawers, that is, those who take water directly from the source (i.e., groundwater, a watercourse or a lake). A number of sectors are excluded from the Regulation, notably hydroelectric production and agriculture.

Obligations of those who withdraw water: Returns must be filed on or before March 31 of the year following the calendar year covered by the declaration, indicating monthly and yearly volumes of water withdrawn at each withdrawal location. Withdrawers must keep a register of withdrawals and use specified measuring equipment. Failure to comply with these obligations makes a legal person liable to a fine of C$6,000 to C$100,000 for a first offence and double that amount for subsequent offences.

Getting Ready for Royalties: The Ministry of Sustainable Development, Environment and Parks has stated publicly that the Regulation is a first step towards the creation of a royalty system for water withdrawals in Quebec. Ministry sources say that while the government has not yet set a deadline for tabling draft regulations, Ministry staff hope to submit a proposed regulation for public consultation before the end of 2010. Efforts are being made to align Quebec's system with that of Ontario. Ontario began charging for certain water withdrawals in 2009.

Source/Courtesy: Blakes Environmental Law Bulletin, September 2009, Blake, Cassels & Graydon LLP . For more information, contact: Katia Opalka at Blakes' Montreal offices.

ANNOUNCEMENTS

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Saskatchewan environmental initiatives

BILLS

Management and Reduction of GHGs act tabled

Bill 126 The Management and Reduction of Greenhouse Gases Act; tabled December 1, 2009; Minister of Environment, Nancy Heppner; provides authority to establish performance agreements with large emitters to reduce GHG emissions outside of regulated activities and with non-regulated emitters in the agriculture, transportation, and commercial and residential building sectors; includes provisions for an environmental code to establish standards, guidelines, and best practices for reducing emissions. Bill 126: http://www.legassembly.sk.ca/bills/pdfs/3_26/bill-126.pdf

Wildlife Habitat Protection Act amended; fines increased

Bill 132 An Act to amend The Wildlife Habitat Protection Act and to make consequential amendments to other Acts; tabled December 2, 2009; increases the fines for contraventions of the act to (a) not more than $100,000 for an individual and to a further fine of not more than $100,000 for each day/part of a day during which the offence continues; and (b) in the case of a corporation not more than $500,000 and to a further fine of not more than $500,000 for each day/part of a day during which the offence continues. Bill No. 132: http://www.legassembly.sk.ca/bills/pdfs/3_26/bill-132.pdf Existing act: http://www.canlii.org/en/sk/laws/stat/ss-1983-84-c-w-13.2/latest/ss-1983-84-c-w-13.2.html

REGULATIONS
The Saskatchewan Gazette December 11, 2009
Gazette: http://www.qp.gov.sk.ca/documents/gazette/part2/2009/G2200950...

Additions to waste electronic equipment regulations

The Environmental Management and Protection Act, 2002 - Saskatchewan Regulations 110/2009; amend The Waste Electronic Equipment Regulations; adds several new items (i.e. portable audio or video playback systems; answering machines); in force April 1, 2010. The Waste Electronic Equipment Regulations: http://www.canlii.org/en/sk/laws/regu/rrs-c-e-10.21-reg-4/lat...

ANNOUNCEMENTS

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Yukon environmental initiatives

BILLS

REGULATIONS
The Yukon Gazette Parts I and II December 2009
http://gazette.gov.yk.ca/issues/2009/dec2009.pdf
Note: Amending regulations can be purchased from Yukon Government or Queen’s Printer

Regulation to Amend the Drinking Water Regulation

Regulation to Amend the Drinking Water Regulation under the Public Health and Safety Act. Existing regulation: http://www.gov.yk.ca/legislation/regs/oic2007_139.pdf

Yukon Community Services releases Volume III of solid waste study

Yukon’s Minister of Community Services, Archie Lang, recently released Volume III of Comprehensive Solid Waste Study for Yukon Terri.... The study, now complete, will inform the Yukon government’s decisions on the future of solid waste management. For more information: contact Community Services (867) 456-6580; email: matt.king@gov.yk.ca

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Standards, codes and guidelines

CSA releases propane storage and handling code

CSA Standards; January 2010 release - B149.2-10 Propane storage and handling code; applies to: the storage, handling, and transfer of propane; the installation of appliances, equipment, components, accessories, and containers on highway vehicles, recreational vehicles, mobile housing, outdoor food service units, and wash-mobiles when propane is used for fuel purposes; propane used as an engine fuel in other than highway vehicles; and the installation of containers and equipment to be used for propane in distribution locations and filling plants. Contact: CSA Standards (416) 747-4044; toll-free: 1 (800) 463-6727; website: http://www.shopcsa.ca

Industry initiatives

• no new entries for this issue.

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US and International initiatives

US Environmental Protection Agency (EPA):

New smog standard proposed

January 7, 2010: proposed smog standard of at least 0.060 and 0.070 parts per million (ppm) measured over eight hours. Rule (446 pages): http://www.epa.gov/air/ozonepollution/pdfs/20100106fr.pdf Additional details (slides, maps, fact sheets): http://www.epa.gov/air/ozonepollution/actions.html#jan10s

EPA proposing stronger sulfur dioxide standards

December 29, 2009: EPA proposing stronger sulfur dioxide (SO2) standards; will establish a new national one-hour standard, between 50 and 100 parts per billion (ppb); designed to protect against short-term exposures ranging from five minutes to 24 hours; accepting written comments until February 8, 2010. Details: http://www.epa.gov/air/sulfurdioxide

Series of actions to address four chemicals of concern

December 30, 2009: series of actions to address four chemicals of concern: phthalates; short-chain chlorinated paraffins; polybrominated diphenyl ethers (PBDEs); and perfluorinated chemicals, including PFOA; used in the manufacture of a wide array of products. Details: http://www.epa.gov/oppt/existingchemicals/pubs/Action.Plan.Fa...

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Legal insights

Asbestos as a latent defect; Asbestos regulation in Quebec

Blake, Cassels & Graydon LLP - December 2009; Blakes Bulletin: Environmental Law; discusses asbestos regulation in Quebec; topics include asbestos as a latent defect; Quebec’s Environment Quality Act; Quebec’s Occupational Health and Safety Act; definitions in contracts; facility shut down; facility sale. Bulletin: http://www.blakes.com/english/legal_updates/environmental/dec...

Increase in Climate Change Litigation in U.S. Courts Could Spill Over into Canada

Climate change litigation is proliferating in the United States. In the fall of 2009, in the decisions in State of Connecticut et al. v. American Electric Power Company Inc., et al. (Connecticut); Native Village of Kivalina, and the City of Kivalina v. ExxonMobil Corporation et al. (Kivalina); and Ned Comer, et al. v. Murphy Oil USA, et. al. (Comer), three different American courts ruled on the potential for tort claims to be brought against large emitters of Greenhouse Gases (GHGs). These cases present two disparate interpretations of the role litigation will play in the climate change policy debate. They also create significant uncertainty for large emitters.

The importance of these decisions is twofold. First, they herald a likely increase in climate change litigation in the United States, with a possible spill-over effect in Canada. Second, they portend a liberalization of the plaintiff “standing” test and the “political question” justiciability test in the United States in respect of mass environmental torts.

Click here to read the full article by Osler LLP lawyers Jack Coop and Dan Kirby on the implications for Canadian litigation.

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Professional development

18th Annual Canadian Environmental Conference & Tradeshow 2010

May 3,4, and 5 International Centre, 6900 Airport Road, Toronto; featuring 10 professisonal development courses for environmental practitioners and those in industry with environmental and risk management responsibilities. Details: http://www.canect.net

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