Proposed EHS regulatory changes – April 2021

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This is a list of select proposed EHS regulatory changes in Canada, the United States. We cover EHS legislation in over 100 countries and 200 jurisdictions. If you would like to track EHS legislation in specific regions, jurisdictions or countries, we are happy to help. Please send us a request for more information here and we will get in touch shortly.

Canada

United States

Canada

Federal

An Act to amend the Pest Control Products Act (glyphosate)

Published date: 15 April, 2021
Industry Sector: General Industry, Building Management and Maintenance

The rules concerning acceptable pest control products in Canada could soon change. According to the Government of Canada, the change would “prohibit the manufacturing, possession, handling, storing, transportation, importation, distribution or use of glyphosate.”

Additional information is available here.

Strengthening Environmental Protection for a Healthier Canada Act

Published date: 13 April, 2021
Industry Sector: General Industry, Building Management and Maintenance

Changes to Canada’s environmental protection rules have been proposed to change how the use and distribution of toxic and harmful chemicals is regulated.

According to the Government of Canada, these changes would notably
– authorize the Minister of the Environment to add certain substances to the Domestic Substances List, and provide that any substance may be deleted from the List when it is no longer in commerce in Canada;
– require the development of a plan that specifies which substances should be given priority in assessing whether they are toxic or capable of becoming toxic;
– require the development of a list of substances believed to be or determined to be capable of becoming toxic;
– provide that certain substances be classified as substances that pose the highest risk;
– expand certain regulation-making, information-gathering and pollution prevention powers under that Act, including by adding a reference to products that may release substances into the environment;
– expand the Minister of the Environment’s power to vary either the contents of a significant new activity notice with respect to a substance not on the Domestic Substances List or the contents of the List itself with respect to a substance on the List that is subject to the significant new activities provisions of that Act;
– expand notification requirements regarding obligations to comply with significant new activity provisions when substances are transferred to the Domestic Substances List; and
– prohibit persons from conducting certain activities in respect of a drug unless the Minister of Health has conducted an assessment of the risks to the environment presented by certain substances contained in that drug.

These changes would be implemented by amending the Canadian Environmental Protection Act (SC1999,c33) and the Food and Drugs Act (CA-RSC1985,cF-27).

Additional information is available here.

Nova Scotia

Bill 97, Electricity Act (amended)

Published date: 8 April, 2021
Industry Sector: General Industry, Building Management and Maintenance

Changes to the rules regarding renewable electricity production and distribution could soon be adopted in Nova Scotia.

According to the government, the changes would remove certain requirements and restrictions related to the program permitting customers to generate renewable low-impact electricity for their own use, and allow for the development of programs permitting a customer, a group of customers or a third party to generate low-impact electricity for a customer’s or group of customer’s own use.

Additional information is available here and here.

United States

Federal

Energy Conservation Program: Test Procedure for Direct Heating Equipment

Published date: 16 April, 2021
Industry Sector: Hardware Manufacturing

The United States Department of Energy (DOE) is proposing to modernize the test procedure for direct heating equipment (includes vented home heating equipment and unvented home heating equipment). According to the Federal Register, other proposed amendments “update definitions regarding unvented heaters, account for multiple operational modes, specify the allowable measurement error for oil pressure, specify the use of manufacturer values for gas supply pressure in certain circumstances, reduce the number of thermocouples required in the thermocouple grid for models with small flues, and clarify instructions for calculations regarding condensate mass measurements”.

Comments must be received on or before June 30, 2021.

Additional information is available here.

Paycheck Fairness Act

Published date: 19 April, 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The government of the United States is proposing to implement stricter standards and larger penalties for claims of pay discrimination against employers. The proposed changes would notably (1) require employers to prove that pay disparities between men and women are not sex-based, are job-related with respect to the position in question, are consistent with business necessity, and account for the entire difference in compensation; (2) make it easier for plaintiffs to participate in class-action lawsuits related to systemic pay discrimination and provide greater remedies for prevailing plaintiffs; (3) prohibit employers from asking job applicants about their salary history or relying on salary history to set compensation; and (4) prohibit employers from retaliating against workers who discuss their pay with their co-workers.

Additional information is available here.

 

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