This is a list of select proposed EHS regulatory changes in Canada, the United States, and the European Union. 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
- Manitoba – Workplace Safety and Health Act Review
- Newfoundland & Labrador – Mineral Act and Mining Act Review
- Ontario – Amendment to Ontario Regulation 316/07 under the Provincial Parks and Conservation Reserves Act, 2006 to create Alfred Bog Provincial Park
- Saskatchewan – Tackling Red Tape – Review of the Subsurface Mineral Conservation Regulations
- Yukon – Output-Based Pricing System rebate engagement 2022
United States
- Federal – Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances
- Federal – List of Fisheries for 2023
- Federal – Hazardous Materials: Compatibility With the Regulations of the International Atomic Energy Agency
- Federal – Harmonization of Transportation Safety Requirements With IAEA Standards
- Federal – Endangered and Threatened Wildlife and Plants; Endangered Species Status for Tricolored Bat
- Federal – 2022 Liquid Chemical Categorization Updates
European Union
- Proposal for a Regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
- Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2019/1009 and (EU) No 305/2011 as regards emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency
- Proposal for a Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency
Canada
Manitoba
Workplace Safety and Health Act Review
Published Date: 30 August 2022
Industry Sector: General Industry
The Government of Manitoba is undertaking a review of workplace safety and health laws to enhance workplace safety and health framework. According to the Manitoba Government, the focus of the review will be to:
- update the applicable protections to meet the needs of today’s workplaces;
- improve harmonization and consistency with other jurisdictions; and
- improve the clarity and reasonableness of applicable requirements.
The changes would be enacted by amending the Workplace Safety and Health Act, the Administrative Penalty Regulation, the Operation of Mines Regulation, and the Workplace Safety and Health Regulation.
Interested persons are invited to submit feedback here or via email until 30 November 2022.
Additional information is available here and here.
Newfoundland & Labrador
Mineral Act and Mining Act Review
Published Date: 14 September 2022
Industry Sector: Mining & Minerals Industry
The Government of Newfoundland and Labrador is seeking feedback on the regulatory framework which governs the exploration and exploitation of mineral resources in the province. Specifically, according to theo Government, “the Department of Industry, Energy, and Technology (IET) is seeking input on ways to improve and modernize the Mining Act and the Minerals Act to provide a clear pathway for regulatory approval and to ensure exploration for, and development of, the province’s mineral resources is responsible, timely, sustainable, competitive and supportive of private-sector investments and job growth.”
The changes would be implemented via amendments to the Mining Act and Mineral Act and potentially their attendant regulations.
Interested persons are invited to submit written comments by 14 October 2022. Interested persons may also share their comments at one of a series of in-person consultations.
Additional information about these consultations and other aspects of the process is available here and here.
Ontario
Amendment to Ontario Regulation 316/07 under the Provincial Parks and Conservation Reserves Act, 2006 to create Alfred Bog Provincial Park
Published Date: 22 September 2022
Industry Sector: General Industry, Building Management & Maintenance
Ontario’s Ministry of the Environment, Conservation and Parks has announced its intention to establish a new provincial park, the Alfred Bog Provincial Park, that would cover approximately 3067 hectares and would be located “20 km southwest of Hawkesbury and 70 km east of Ottawa” (map available here). According to the Ministry, the Alfred Bog site “is one of only three raised bogs in southern Ontario” and is “the largest remaining bog community in southern Ontario, an area where 70 per cent of wetlands have been lost.”
The park would be non-operational (“facilities and services within the park would be minimal or not provided”) and would be classified as a natural environment class park. Such parks protect landscapes, ecosystems, significant natural and cultural heritage elements, and provide recreational and educational experiences.
The establishment of the Alfred Bog as a provincial park would also make changes to permitted recreational activities in the area. The “sustainable hunting of game mammals, game birds and migratory birds (but not furbearing mammals)” would continue to be allowed during the species’ open seasons.
The changes would be made by amending Designation and Classification of Provincial Parks and Area Descriptions.
Interested parties may submit comments until 6 November 2022.
Additional information is available here.
Saskatchewan
Tackling Red Tape – Review of the Subsurface Mineral Conservation Regulations
Published Date: 17 September 2022
Industry Sector: Mining & Minerals Industry
The Government of Saskatchewan is reviewing The Subsurface Mineral Conservation Regulations and its associated forms, policies, and processes and is seeking feedback on reducing red tape and regulatory barriers for businesses.
Interested parties are invited to send written feedback until 17 October 2022 by emailing er.servicedesk@gov.sk.ca.
Additional information is available here and here.
Yukon
Output-Based Pricing System rebate engagement 2022
Published Date: 21 September 2022
Industry Sector: General Industry
The Yukon Government is “seeking input from the mining industry and other large industrial facilities that may qualify for inclusion in the federal Output-Based Pricing System (OBPS)” to develop the OBPS carbon rebate program. According to the government, the responses will be used to identify methods for “returning carbon pricing revenues to large industrial facilities [and] guide the creation of a carbon rebate program that supports the reduction of greenhouse gas emissions.” The government is also requesting feedback on non-exhaustive questions posed in its document titled Exploring how to use OBPS proceeds to reduce emissions in the Yukon – Stakeholder Questions concerning:
- “[what] facilities should be eligible to apply for funding”;
- “[how] should [the government] evaluate and rank multiple projects”;
- “[where] should projects take place”;
- “[how] should [the government] ensure that greenhouse gas emissions reductions are incremental to ‘business-as-usual'”;
- whether there “[should] there be minimum or maximum funding amounts for each project”; and
- whether “applicants be required to cover a portion of the project costs”.
Interested parties may submit their feedback until 3 October 2022 by emailing carbonrebate@yukon.ca.
Additional information is available here and here.
United States
Federal
Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances
Published Date: 6 September 2022
Industry Sector: General Industry
The Environmental Protection Agency (EPA) has announced its intention to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and isomers, as hazardous substances “which, when released into the environment, may present substantial danger to the public health or welfare or the environment.” The designation would require “any person in charge of a vessel or facility, as soon as they have knowledge of any release (other than a federally permitted release) of [the substances] from such vessel or facility in quantities equal to or greater than the [reportable quantity] (one pound) or more in a 24-hour period, to immediately notify the National Response Center (NRC) of such a release.”
According to the EPA, PFOA and PFOS are used in “a wide range of consumer products including carpets, clothing, fabrics for furniture, and packaging for food and cookware that are resistant to water, grease or stains,” and “firefighting at airfields and in a number of industrial processes.”
A list of potentially-affected entities can be found here.
Interested parties may submit comments until 7 November 2022.
Additional information is available here.
List of Fisheries for 2023
Published Date: 9 September 2022
Industry Sector: Fishing, Hunting, and Trapping Industry
The United States National Marine Fisheries Service (NMFS) is seeking feedback on its proposed List of Fisheries for 2023. According to the government, NMFS must “place all U.S. commercial fisheries into one of three categories based on the level of incidental mortality and serious injury of marine mammals occurring in each fishery.” Fisheries’ categorization determines what rules they must comply with, “such as registration, observer coverage, and take reduction plan requirements.”
Interested parties may submit comments until 11 October 2022.
Additional information is available here and here.
Hazardous Materials: Compatibility With the Regulations of the International Atomic Energy Agency
Published Date: 12 September 2022
Industry Sector: General Industry
The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Nuclear Regulatory Commission (NRC) have announced their intention to revise rules concerning the transportation of Class 7 radioactive materials “to maintain alignment with international regulations and standards.” According to PHMSA, the changes would include incorporating changes to the International Atomic Energy Agency standards, and would “update, clarify, correct, or streamline certain regulatory requirements applicable to the transportation of Class 7 (radioactive materials).”
A technical summary of the changes being proposed is available here.
Interest parties may submit comments until 12 December 2022.
Additional information is available here.
Harmonization of Transportation Safety Requirements With IAEA Standards
Published Date: 12 September 2022
Industry Sector: General Industry, Healthcare Industry, Public Administration & Institutions
The Nuclear Regulatory Commission (NRC) has announced its intention to revise rules concerning the packaging and transportation of materials “to maintain a consistent regulatory framework with the U.S. Department of Transportation […] and to ensure general accord with International Atomic Energy Agency standards.”
A technical summary of the changes being proposed is available here.
Interest parties may submit comments until 28 November 2022.
Additional information is available here.
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Tricolored Bat
Published Date: 14 September 2022
Industry Sector: General Industry
The U.S. Fish and Wildlife Service (“the Service”) has announced its intention to list the tricolored bat (Perimyotis subflavus), a bat species found across the United States and parts of southeastern Canada, as an endangered species under the Endangered Species Act of 1973. The Service is seeking comments, particularly concerning:
- “the species’ biology, range, and population trends”;
- “factors that may affect the continued existence of the species”;
- “biological, commercial trade, or other relevant data concerning any threats (or lack thereof) to this species”;
- “additional information concerning the historical and current status, range, distribution, and population size of this species”; and
- “the reason why [they] should or should not designate habitat as ‘critical habitat’.”
Interested parties may submit comments until 14 November 2022. The Service will also host two public informational meetings on 12 October 2022.
Additional information is available here and here.
2022 Liquid Chemical Categorization Updates
Published Date: 22 September 2022
Industry Sector: Water Transportation Industry, Chemicals Industry
The United States Coast Guard has announced its intention to update rules concerning the marine transportation of hazardous liquid materials. According to the Coast Guard, the changes would “align the Liquid Chemical Categorization tables with the 2020 Edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk [IBC Code] and the International Maritime Organization’s Marine Environment Protection Committee’s Circular 25″. The changes “would provide a list of the liquid hazardous materials and liquefied and compressed gases approved for international and domestic maritime transportation, and indicate how each substance is categoriezed by its pollution potential, safe carriage requirements, chemical flammability, combustibility, and compatibility with other substances”.
New chemicals would also be added to the tables, and Title 46 Shipping would be updated to better conform with the IBC Code.
Interested parties may submit comments until 21 December 2022.
Additional information is available here.
European Union
Proposal for a Regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
Published Date: 14 September 2022
Industry Sector: General
The European Commission has proposed rules to prohibit “economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour.” According to the document, it includes, inter alia, the obligations of economic operators concerning the above-mentioned prohibition, including the provision of information to the customs authorities, as well as “provisions for products entering or leaving the EU market”.
Additional information about this initiative, including any information regarding the feedback period, is available here and here.
Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2019/1009 and (EU) No 305/2011 as regards emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency
Published Date: 19 September 2022
Industry Sector: General Industry, Building Management & Maintenance
The European Commission (the Commission) has proposed changes to Regulations (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2019/1009, and (EU) No 305/2011, which would help guarantee the needs of the Single Market in times of emergency and crisis. According to the Commission, this Proposal aims to introduce the following aspects:
- “Prioritisation by the notified bodies of the conformity assessment of products designated as crisis-relevant;
- Possibility for the national competent authorities to issue temporary authorisations for crisis relevant products, which have not undergone the standard conformity assessment procedures, provided that the products comply with all the applicable essential requirements and provided that the authorisation is limited to the duration of the Single Market emergency and to the territory of the issuing Member State;
- Possibility for the manufacturers to rely on relevant international and national standards during an emergency if no harmonised standards are available and if the alternative standards ensure an equivalent level of safety;
- Possibility for the Commission to adopt via delegated acts voluntary or mandatory common technical specifications for crisis-relevant products; (5)Prioritisation of the market surveillance activities for crisis-relevant goods”.
Additional information is available here.
Proposal for a Directive of the European Parliament and of the Council amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2013/29/EU, 2014/28/EU, 2014/29/EU, 2014/30/EU, 2014/31/EU, 2014/32/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regard emergency procedures for the conformity assessment, adoption of common specifications and market surveillance due to a Single Market emergency
Published Date: 19 September 2022
Industry Sector: General Industry, Building Management & Maintenance
The European Commission has proposed changes to 14 Directives of the European Parliament and of the Council, including amendments to Directive 2010/35/EU and Directive 2014/33/EU, which would help guarantee the needs of the Single Market in times of emergency and crisis. According to the document, the proposed changes to the two aforementioned Directives would introduce, inter alia, provisions on emergency procedures, including the application of emergency procedures, priority assessment of crisis-related equipment, such as lifts and safety components of lifts, and transportable pressure equipment.
Additional information is available here.
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