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
- Federal – Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999
- Federal – Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products)
- British Columbia – Making Contaminated Sites Climate Ready
- Manitoba – Bill 22 – The Environment Amendment Act (Pesticide Restrictions)
- Nova Scotia – Bill 206 – Underground Hydrocarbons Storage Act (amended)
- Nova Scotia – Bill 207 – Electricity Act (amended)
- Yukon – Bill 17 – Clean Energy Act
United States
- Federal – Permits for Incidental Take of Eagles and Eagle Nests
- Federal – Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Reconsideration of Fugitive Emissions Rule
- Federal – Proposed Finding That Lead Emissions From Aircraft Engines That Operate on Leaded Fuel Cause or Contribute to Air Pollution That May Reasonably Be Anticipated To Endanger Public Health and Welfare
European Union
- Proposal for a Directive of the European Parliament and of the Council on liability for defective products
- Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work
Canada
Federal
Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999
Published Date: 8 October 2022
Industry Sector: Hardware Manufacturing Industry, Chemicals Industry, Food Industry
The Government of Canada has announced its intention to add “[t]he substance thioperoxydicarbonic diamide ([(H2N)C(S)]2S2), tetramethyl- (CAS RN 137-26-8, hereafter referred to as “TMTD”)” to the list of toxic substances.
According to the government, TMTD “does not occur naturally in the environment [and] is primarily used as a process regulator for manufacturing rubber products in Canada.” It is used in automotive parts, sealants and adhesives, registered pest control products, and “may also be used in the manufacture of certain food packaging materials, as well as in latex rubber cosmetic products.”
The change would be implemented by amending the Canadian Environmental Protection Act, 1999.
Interested parties may submit comments until 7 December 2022.
Additional information is available here.
Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products)
Published Date: 15 October 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Canada has announced its intention to require employers to provide menstrual products in federally regulated workplaces.
According to the government, the changes would notably “amend the sanitation provisions in [certain occupational health and safety regulations made under the Canada Labour Code] to require employers to provide menstrual products, including clean and hygienic tampons and menstrual pads, for the use of employees in each toilet room in workplaces controlled by them. Given the range of workplaces falling under federal jurisdiction, the proposed Regulations allow employers to provide menstrual products in another location when it is not feasible to provide them in a toilet room, as long as the location is accessible by employees at all times and offers a reasonable amount of privacy, and ensures that a covered container for the disposal of menstrual products are provided in each toilet compartment.”
The change would be implemented by amending the Canada Occupational Health and Safety Regulations, On Board Trains Occupational Health and Safety Regulations, Oil and Gas Occupational Safety and Health Regulations, Maritime Occupational Health and Safety Regulations, Aviation Occupational Health and Safety Regulations, and Administrative Monetary Penalties (Canada Labour Code) Regulations.
Interested parties may submit comments until 13 November 2022.
Additional information is available here.
British Columbia
Making Contaminated Sites Climate Ready
Published Date: 3 October 2022
Industry Sector: General Industry
British Columbia’s Ministry of Environment and Climate Change Strategy (the Ministry) has announced its review of rules concerning the remediation of contaminated sites in the province and is seeking feedback on the following proposed changes:
- incorporate engagement with Indigenous communities into remediation plans;
- incorporate climate change adaptation strategies and data in the contaminated sites framework to anticipate the effects of a changing climate on such sites;
- incorporate requirements for evaluating remediation alternatives (RAE), such as site vulnerability assessment and adaptation and the feasibility of green/sustainable remediation methods;
- incorporate requirements for more frequent reviews “of sites with risk assessment or management at regular intervals […] and following extreme climate events” and “for updating vulnerability and sustainability assessments and the conceptual site model”;
- establish physical remediation requirements for viable drinking water aquifers and “evaluate the use of differing remediation requirements based on aquifer classification and ranking”; and
- strengthen financial security requirements for sites with risk assessment or risk management provisions.
The Ministry is proposing to “[include] climate change adaptation and sustainability into provincial site remediation requirements” and “[strengthen] remediation requirements to protect groundwater quality.” Interested parties may complete an online questionnaire or send written submissions to site@gov.bc.ca until 30 November 2022.
The Ministry’s discussion paper is available here; it contains more information on the proposed changes and related discussion questions. Additional information is available here.
Manitoba
Bill 22 – The Environment Amendment Act (Pesticide Restrictions)
Published Date: 29 September 2022
Industry Sector: General Industry, Building Management & Maintenance
The Government of Manitoba has announced its intention to amend the provisions concerning certain pesticide use in the province. According to the Manitoba government, the amendments would notably:
- “[remove the] prohibition on the application of certain pesticides to lawns”;
- “[make] the sale of [certain] pesticides [not] subject to provincial regulations”; and
- “[expand the] list of premises where the use of [certain] pesticides is prohibited […] to include municipal playgrounds, picnic areas, dog parks and provincial parks.”
These requirements would be implemented by amending The Environment Act.
Additional information is available here.
Nova Scotia
Bill 206 – Underground Hydrocarbons Storage Act (amended)
Published Date: 18 October 2022
Industry Sector: Utilities & Communications Industry
The Government of Nova Scotia has announced its intention to update the rules on energy production, specifically concerning hydrogen-based power generation. According to the Nova Scotia Government, the changes would notably:
- “[expand] the scope of the Underground Hydrocarbons Storage Act to include hydrogen, ammonia, carbon sequestration and compressed air energy storage”;
- “[include] pipelines built for hydrogen or hydrogen blends in the Pipeline Act“; and
- “[allow] the Nova Scotia Utility and Review Board to also consider hydrogen as part of a gas distribution system under the Gas Distribution Act“.
These changes would be implemented by amending the Underground Hydrocarbons Storage Act, the Pipeline Act, and the Gas Distribution Act.
Additional information is available here and here.
Bill 207 – Electricity Act (amended)
Published Date: 18 October 2022
Industry Sector: Utilities & Communications Industry
The Government of Nova Scotia has announced its intention to update the rules on energy production, specifically concerning hydrogen-based power generation. According to the Nova Scotia Government, the changes would notably “expand the definition of wholesale customer to include businesses that are advancing green hydrogen projects,” and create a new hydrogen innovation program where owners and operators of a hydrogen facility may apply to obtain certain benefits.
These changes would be implemented by amending the Electricity Act (SNS2004,c25).
Additional information is available here and here.
Yukon
Bill 17 – Clean Energy Act
Published Date: 13 October 2022
Industry Sector: General Industry
The Government of Yukon has announced its intention to set “targets for reducing greenhouse gas emissions.”
According to the Yukon Government, the changes would notably “[set] targets related to achieving net zero emissions in Yukon by 2050, including a 2030 interim reduction target for total greenhouse gas emissions, not including mining sector emissions, a target for the use of renewable energy sources in heating and targets for the sale and lease of zero emission vehicles,” and “[provide] for the setting of additional interim greenhouse gas emissions reduction targets, which may include mining sector emissions, and sector specific interim greenhouse gas emissions reduction targets.”
These changes would be implemented by enacting the new Clean Energy Act.
Additional information is available here and here.
United States
Federal
Permits for Incidental Take of Eagles and Eagle Nests
Published Date: 30 September 2022
Industry Sector: General Industry
The United States Fish and Wildlife Service (“Service”) has announced its intention to update rules concerning permits for eagle incidental take and eagle nest take. The changes would include “the creation of general permits for certain activities under prescribed conditions […] for qualifying wind-energy generation projects, power line infrastructure, activities that may disturb breeding bald eagles, and bald eagle nest take.” They would also “remove the current third-party monitoring requirement from eagle incidental take permits.”
Interested parties may submit comments until 29 November 2022.
Additional information from the Service is available here and here.
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Reconsideration of Fugitive Emissions Rule
Published Date: 14 October 2022
Industry Sector: General Industry, Public Administration & Institutions
The Environmental Protection Agency (EPA) has announced its intention to revise rules concerning “consideration of ‘fugitive’ emissions of air pollutants from stationary sources when determining the applicability of certain permitting requirements,” by requiring all sources to consider all emissions, including fugitive emissions, in permit applications. It would also “remove a related exemption for modifications that would be considered major solely due to the inclusion of fugitive emissions.” According to the EPA, these changes would result in “all existing major stationary sources [being] required to include fugitive emissions in determining whether a physical or operational change constitutes a ‘major modification,’ requiring a permit” under relevant prevention or nonattainment programs.
Interested parties may submit comments until 13 December 2022.
Additional information is available here and here.
Additional information is available here and here.
Proposed Finding That Lead Emissions From Aircraft Engines That Operate on Leaded Fuel Cause or Contribute to Air Pollution That May Reasonably Be Anticipated To Endanger Public Health and Welfare
Published Date: 17 October 2022
Industry Sector: Air Transportation Industry, Hardware Manufacturing Industry
The United States Environmental Protection Agency (EPA) is proposing “to find that emissions of lead from covered aircraft engines cause or contribute to lead air pollution that may reasonably be anticipated to endanger public health and welfare.” Lead would be included in the Clean Air Act’s definitions of “air pollution” and “air pollutant”. If this finding is finalized, “the EPA would […] promulgate aircraft engine emission standards for that air pollutant.”
Covered aircraft would include certain small and large piston-engine aircraft, light-sport aircraft, and ultralight vehicles equipped with piston engines.
Interested parties may submit comments until 17 January 2023. The EPA will also host a virtual public hearing on 1 November 2022.
A technical summary of the changes being proposed is available here. Additional information is available here and here.
European Union
Proposal for a Directive of the European Parliament and of the Council on liability for defective products
Published Date: 28 September 2022
Industry Sector: General Industry
The European Commission has proposed “common rules on the liability of economic operators for damage suffered by natural persons caused by defective products”, including “[t]he test for determining whether a product is defective,” “[t]he range of economic operators that can be held liable for defective products,” and “[t]he burden of proof”.
According to the document, this proposal also aims to fit for “the green and digital transitions” and “reinforce efforts like the sustainable products initiative by ensuring consumers have rights to compensation for harm caused by defective modified products that are just as clear as those for entirely new products and by creating the legal clarity that industry needs in order to embrace circular business models.”
Additional information is available here.
Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work
Published Date: 28 September 2022
Industry Sector: General Industry, Building Management & Maintenance
The European Commission (the Commission) has proposed changes to the Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (the Asbestos at Work Directive (AWD)).
According to the Commission, “[t]he proposed amendment of the AWD is focused on: (i) revising the OEL [occupational-exposure limit] for asbestos by amending Article 8 of the AWD on the basis of the available scientific and technological data, … (ii) addressing some aspects directly linked to the lowering of the current OEL (such as measurement techniques); and (iii) providing technical clarifications of the text of the Directive.” Also, “[t]he obligation of employers to take all necessary steps to identify presumed asbestos-containing materials before beginning demolition or maintenance work by obtaining information from the owners of the premises, is extended to cover other relevant sources of information, such as relevant registers.”
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