Top Global EHS Regulatory Changes – November 2018

Jonathan Brun

Here are some noteworthy and interesting global EHS regulatory changes from November 2018. We cover EHS legislation and standards for over 90 countries and 200 jurisdictions. If you would like to track legislative changes for specific regions, countries or jurisdictions, we are happy to help. Please send us a request for more information here and we will contact you shortly.


Royal Decree laying down the rules relating to environmental impact assessment pursuant to the Act of 13 June 1969 on Exploration and Exploitation of the Non-Living Resources of the Territorial Sea and the Continental Shelf

Industry – Mining
This legislation sets out requirements for the evaluation of the environmental impact from private and public projects related to the research and exploitation of mineral resources and other non-living resources of the territorial sea and the continental shelf, with the exception of hydrocarbons. It notably contains provisions for the contents and submission of the environmental impact assessment report.


Regulations Amending the Explosives Regulations, 2013

Industry – General
A change to this document has been announced. According to the Government of Canada, those changes are for matters of clarity and consistency, and notably to (1) “allow for quantified risk assessments of wharves and port facilities […] [whose] resulting reports will be subject to review and approval by [governmental] inspectors”, who can impose additional safety measures if needed; (2) introduce an exception to the requirement to obtain the authorisation to change an explosive; (3) add explosives to the list of explosives it is possible to import, export or transport in transit; (4) allow exception to the constant supervision of a worker or a visitor that is not an employee at a factory; (5) modify provisions related to fireworks and black powder charges; (6) specify the annual report requirement for holders of factory licence, import or export permit or manufacturing certificate; (7) change the requirements to issue or renew a license, permit, authorisation or certificate and eliminate licence requirements for low-risk explosives; (8) change various requirements and create exemptions relating to the transportation of explosives; (9) modify requirements relating to the storage of blank cartridges for tools, electric matches, special effect pyrotechnics and fireworks; and (10) modify requirements for the application to a certificate of senior pyrotechnician or special effects pyrotechnician. The first effective date of the document that makes the change is November 2, 2018.

Regulations Amending the Energy Efficiency Regulations, 2016

Industry – General
According to the Government of Canada, the amendments notably (1) introduce minimum energy performance standards (MEPS), labelling, test procedures and reporting requirements that are aligned with those in the United States for new product categories, such as battery chargers, commercial pre-rinse spray valves, metal halide lamp ballasts, microwaves ovens, small electric motors, and walk-in coolers and freezers; (2) introduce higher MEPS, test procedures that are aligned with those in the United States for already regulated product categories, such as ceiling fan light kits, commercial refrigerators, refrigerator-freezers and freezers, dehumidifiers, dry-type transformers, external power supplies, fluorescent lamp ballasts, gas furnaces, large air conditioners, large heat pumps, packaged terminal air conditioners, and oil-fired furnaces; (3) make various other energy efficiency related changes to some product categories, such as household appliances, chillers, electronics, general service incandescent reflector lamps, large condensing units, electric motors, and traffic signal modules; (4) update some incorporated CSA, ANSI and IES standards; (5) “allow certification bodies greater flexibility in determining compliance with energy efficiency standards and verifying information related to a product’s energy performance by using mathematical models [and] align their programs with the U.S. regulatory alternative or alternate efficiency determination methods (AEDM) or other best practices ”; and (6) “remove import reporting for external power supplies, motors and fluorescent lamp ballasts that are imported as a component of another product”.


Use of Wildlife Lands Regulation, amendment

Industry – General
The effect of the change is to prohibit hydro-electric exploration and development, logging and commercial forest harvesting, mineral exploration and extraction, and any other activites that would “significantly and adversely” affect wildlife habitat, in the Skylake Wildlife Management Area.


Regulation of the Minister of the Environment of 8 June 2018 on the assessment of the levels of substances in the air

Industry – General
A change to this document has been announced.

The Act of June 6, 2018 amending the Act on biocomponents and liquid biofuels and certain other acts

Industry – General
The effect of the change is notably to revise certain terminology related to distribution in the context of the Act and provisions for tariffs set by energy companies.

United States

Pipeline Safety: Plastic Pipe Rule

Industry – Pipeline
The effect of this change is to amend rules governing the use of plastic piping systems in the transportation of natural and other gas. According to the government, the amendments “include increasing the design factor of polyethylene pipe; increasing the maximum pressure and diameter for Polyamide-11 pipe and components; allowing the use of Polyamide-12 pipe and components; new standards for risers, more stringent standards for plastic fittings and joints; stronger mechanical fitting requirements; the incorporation by reference of certain new or updated consensus standards for pipe, fittings, and other components; the qualification of procedures and personnel for joining plastic pipe; the installation of plastic pipe; and a number of general provisions”.

Cranes and Derricks in Construction: Operator Qualification

Industry – Construction
Clarifications are being provided for each employer’s duty to ensure the competency of crane operators through training, certification or licensing, and evaluation. Furthermore, this change establishes minimum requirements for determining operator competency and alters the provision that required different levels of certification based on the rated lifting capacity of equipment.