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Top global EHS regulatory changes – December 2023

Jonathan Brun

By: Sydney Sybydlo

Here are a few noteworthy global EHS regulatory changes in December 2023. We cover EHS legislation and standards for over 30 countries and 400 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. Note that descriptions with an asterisk (*) were generated with artificial intelligence.

Canada – Federal

New Principal Document – Vessel Construction and Equipment Regulations

First Effective Date: 20 December 2023
Industry Sector: Water Transportation Industry. Oil & Gas Industry

According to the government, this document establishes “one set of regulatory requirements that governs the construction and equipment of large vessels (24 m or more in length).” It contains specific provisions concerning construction requirements, crew accommodation spaces and recreational facilities, transportation, and fire protection.

Amended Document – Species at Risk Act
Amending Document – Order Amending Schedule 1 to the Species at Risk Act

First Effective Date: 8 December 2023
Industry Sector: General Industry

The amended document adds the Western Bumble Bee mckayi subspecies and Western Bumble Bee occidentalis subspecies (found in specified ranges) to the lists of species of special concern and threatened species, respectively. It also reclassifies the Monarch butterfly (throughout Canada, except in Newfoundland & Labrador) from a “special concern” species to an endangered species.

Amended Document – Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
Amending Document – Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

First Effective Date: 15 December 2023
Industry Sector: General Industry

According to the government, the amended document introduces “new [zero-emission vehicle (ZEV)] sales targets, beginning with model year [(MY)] 2026, as well as administrative amendments to the current [rules] for vehicles up to MY 2026, beginning with MY 2017.” Manufacturers and importers will be required “to meet an annual percentage target of new light-duty ZEVs offered for sale in Canada”, with a target of 100% of sales in 2035 and beyond. The changes also notably:

  • introduce a credit system (of compliance units) that may be traded for a limited time;
  • allow companies “to bank excess credits from exceeding the ZEV sales target in any given model year to use towards compliance for up to five model years after the model year in which the credits were obtained”; and
  • “limit the contribution of [plug-in hybrid electric vehicles] towards the ZEV sales targets” increasingly year-over-year.

Canada – British Columbia

New Principal Document – Single-Use and Plastic Waste Prevention Regulation

First Effective Date: 20 December 2023
Industry Sector: General Industry, Building Management & Maintenance

This document applies to business operators in British Columbia and addresses regulations on single-use and plastic waste prevention. It prohibits the sale and distribution of oxo-degradable plastic packaging and products, sets restrictions on shopping bags, and mandates specific requirements for food service ware and accessories. Businesses must comply with prohibitions on certain materials, offer alternatives like recycled paper or reusable bags, and keep records of sales and distributions related to these items.*

It replaces the previous Single-Use and Plastic Waste Prevention Regulation. The new document contains more references to food delivery and ordering services and provides exemptions to certain prohibitions for “film wrap that is wholly composed of polyvinyl chloride”.

New Principal Document – Low Carbon Fuels (General) Regulation

First Effective Date: 1 January 2024
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

This document applies to businesses and their employees involved in the production, supply, and marketing of low carbon fuels in British Columbia. It outlines regulations regarding the responsibility for fuel allocation, renewable and low carbon fuel requirements, initiative agreements, credit trading, carbon intensity records, reporting, record-keeping, administrative penalties, reconsiderations, and general provisions. Key requirements include maintaining specific fuel standards, submitting compliance reports, keeping records within British Columbia, and adhering to prescribed carbon intensity targets and penalties for non-compliance. *

It replaces the Renewable and Low Carbon Fuel Requirements Regulation. According to the government, the new document “contains similar provisions to the current regulation with some notable new requirements, including:

  • Renewable and low carbon jet fuel requirements;
  • Prescribed specific non-transportation fuel end uses;
  • New provisions for determining discretionary penalties and updated maximum penalties;
  • A supplier exemption threshold for jet fuel until 2028 and;
  • A volumetric exclusion for electricity.”

Amended Document – Zero-Emission Vehicles Act
Amending Document – Zero-Emission Vehicles Amendment Act, 2023

First Effective Date: 30 November 2023
Industry Sector: General Industry

The amended document increases the target percentages of vehicle sales that are zero-emission vehicles (ZEVs) and shortens the reduction period, such that 100% of specified motor vehicle sales in the province are ZEVs by 2035. It also updates the compliance ratio reduction equation, and forecast reporting requirements.

Amended Document – Forest Act
Amending Document – Forests Statutes Amendment Act, 2023

First Effective Date: 30 November 2023
Industry Sector: General Industry, Forestry & Logging Industry

According to the government, the amended document notably:

  • adds rules requiring cutting permits for timber harvesting activities and related rules governing applications for, and the issuance and conditions of such permits;
  • “expands the circumstances in which the minister may refuse to replace or amend […] one or more forest licences,” tree farm licences, pulpwood agreements, community forest agreements, first nations woodland licences, and woodlot licences;
  • “provides that a forestry licence to cut may require the holder to obtain a cutting permit under the Act before harvesting”;
  • “sets out requirements respecting applications for road permits and circumstances in which an application must be refused”;
  • “sets out mandatory and optional content of road permits”;
  • adds circumstances in which the minister must refuse to issue permits; and
  • repeals various obsolete provisions.

Additional information is available here.

Amended Document – Low Carbon Fuels Act
Amending Document – Proclamation of the Low Carbon Fuels Act, with certain exceptions; Proclamation of the Miscellaneous Statutes Amendment Act (No. 3), 2023, s. 16-24

First Effective Date: 1 January 2024
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry

This document is coming into force on January 1, 2024 and establishes a framework to reduce the carbon intensity of transportation fuels supplied in the province and applies to fossil-derived fuels, their components, and alternatives as defined. It contains obligations for parties responsible for fuels, renewable fuel requirements, low carbon fuel requirements, record-keeping requirements for fuels’ carbon intensity, obligations for public utilities, and various reporting, assessment, and record-keeping requirements. It also sets out rules concerning the issuance and transfer of compliance credits awarded for the sequestration of greenhouse gases. According to the government, it also notably “limits the circumstances in which a person reportably exports fuel in a compliance period”.

It replaces the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act.

Canada – New Brunswick

Amended Document – Electricity Act
Amending Document – An Act to Amend the Electricity Act

First Effective Date: 13 December 2023
Industry Sector: Construction Industry, Utilities & Communications Industry

The amended document notably allows electricity generators to sell electricity generated from clean sources (which include solar, wind, hydroelectric, ocean-powered, biogas, biomass, nuclear, sanitary landfill, and “any other source of energy prescribed by regulation”) to consumers within the province if the consumer meets certain criteria.

Canada – Newfoundland & Labrador

New Principal Document – Quarry Resources Act

Publication Date: 16 November 2023
Industry Sector: Mining & Minerals Industry

This document applies to individuals and businesses involved in the exploration and extraction of quarry resources. It outlines the requirements for obtaining exploration licenses, wayside permits, and leases (Category A or B) for quarrying. Key requirements include submitting applications, paying fees, providing financial assurance, and submitting various reports and plans such as production reports, compliance reports, and development, rehabilitation, and closure plans. Lessees must also pay royalties, rehabilitate sites, and comply with the terms and conditions of their permits or leases.*

It replaces the Quarry Materials Act, 1998.

Canada – Ontario

Amended Document – Energy and Water Efficiency – Appliances and Products – Electricity Act, 1998
Amending Document – Amending O. Reg. 509/18 (Energy and Water Efficiency – Appliances and Products)

First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably establishes energy and water use efficiency rules that apply to specified classes of furnaces, fireplaces, boilers and water heaters manufactured on or after January 1, 2025. It also establishes efficiency rules for transformers that meet certain specifications.

Amended Document – Gasoline Tax Act
Amending Document – Building a Strong Ontario Together Act (Budget Measures), 2023

First Effective Date: 4 December 2023
Industry Sector: General Industry

According to the government, the amended document notably:

  • updates the definition of “qualified motor vehicle” to “include vehicles powered by an alternative fuel;
  • update the definition of “fuel” to “include alternative fuels”; and
  • extend the period within which there is “a reduction of the tax payable by purchasers of gasoline” until June 30, 2024.

Canada – Quebec

Amended Document – Regulation respecting the charges payable for the use of water
Amending Document – Regulation to amend the Regulation respecting the charges payable for the use of water

First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the Government of Quebec, the amended document notably:

  • increases “the basic rate of the charges by $2.5 per million litres ($/ML) to $35/ML on 1 January 2024, and [increases] it annually by 3%”;
  • increases “the rate applicable to activities that incorporate water to a product from $70/ML to $150/ML on 1 January 2024, and [increases] it annually by 3%”;
  • adds “additional charges of $350/ML as of 1 January 2024, for the activities for the production of water in bottles or other containers, and for the activities for the transportation of water by volume, whether or not the water is intended for human consumption”;
  • replaces “as of 1 January 2024, the threshold criterion to the charges for the use of water, currently based on daily average volumes (calculated on a monthly basis), by a criterion based on the maximum daily volume”;
  • reduces “to 50,000 litres (…) the maximum daily volume from which an industry covered by the Regulation respecting the charges payable for the use of water is subject to the water charges”;
  • specifies “that as soon as the volume of water used in a day is equal to or greater than 50,000 litres, the person whose activity results in that use of water is subject to charges for that year and any other subsequent year, regardless of the volume;
  • sets “at $250, plus adjustment, the amount under which no charges for the use of water are payable”;
  • provides “that persons subject to charges for the use of water are required to determine each year, in addition to the volume of water they use, the volume of water they discharge”;
  • provides “that if a person subject to charges for the use of water holds an authorization from the Minister for its withdrawal and does not send to the Minister the declaration provided for in the Regulation respecting the declaration of water withdrawals, the payable charges will be set according to the maximum daily water volume that the authorization allows to be withdrawn”; and
  • provides that, in the absence of an authorization to withdraw, “if a person subject to charges does not send to the Minister, depending on the case applicable to the person, the declaration provided for in the Regulation respecting the declaration of water withdrawals or the information provided for in the Regulation respecting the charges payable for the use of water, the charges will be calculated according to the maximum effective capacity of the withdrawal facility or equipment.”

Amended Document – Regulation respecting the declaration of water withdrawals
Amending Document – Regulation to amend the Regulation respecting the declaration of water withdrawals

First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the Government of Quebec, the amended document notably:

  • replaces “the threshold criterion for the annual declaration of withdrawal activities and volumes of water withdrawn, currently based on the average daily volumes (calculated on a monthly basis), by a criterion based on a maximum daily volume”;
  • reduces “to 50,000 litres (…) the maximum daily volume from which a withdrawer must declare withdrawal activities and volumes of water withdrawn;
  • specifies “that as soon as the volume of water withdrawn in a day is equal to or greater than 50,000 litres, a declaration is required for that year and for any subsequent year, regardless of the volume”; and
  • requires “every withdrawer who does not reach the threshold for the annual declaration of withdrawal activities and volumes of water withdrawn to record in a document and update information on the withdrawal,” with certain exceptions.

Amended Document – Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere
Amending Document – Regulation to amend the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere

First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the Government of Quebec, the amended document notably:

  • provides “for mandatory reporting for operators whose enterprises, facilities or establishments engage in greenhouse gas emissions capture, storage, re-use or elimination, or receive greenhouse gas emissions transfers from other operators’ enterprises, facilities or establishments”;
  • provides “for improved reporting as regards captured, stored, eliminated, re-used or transferred emissions”;
  • clarifies “protocol QC.1 as regards biomethane reporting”;
  • amends “protocol QC.16 mainly to include the total energy consumed as part of greenhouse gas reporting requirements”;
  • makes “minor adjustments to [various tables]; and
  • updates “Table 17-1 concerning default greenhouse gas emission factors for Canadian provinces and certain North American markets.”

Amended Document – Regulation respecting a cap-and-trade system for greenhouse gas emission allowances
Amending Document – Regulation to amend the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances

First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the Government of Quebec, the amended document notably:

  • excludes “data for reference years that have more than 10% of data missing from the calculation of greenhouse gas (GHG) emissions and from the calculation of hydrogen consumption used in [certain equations] for the purpose of determining the total quantity of GHG emission units allocated without charge that may be paid to an eligible emitter for the period 2024-2030”; and
  • defines “the expression ‘sampling rate’ used in those equations, to clarify that it has the meaning assigned to it by the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere.”

United States – Federal

New Principal Document – 30 CFR 56 Subpart T Safety Program for Surface Mobile Equipment

First Effective Date: 19 January 2024
Industry Sector: Mining & Minerals Industry

According to its content, this document “requires operators to develop, implement, and update a written safety program for surface mobile equipment to reduce the number and rates of accidents, injuries, and fatalities. [It] applies to surface mobile equipment at surface metal and nonmetal mines. The purpose of this safety program is to promote and support a positive safety culture and improve miners’ safety at the mine.”

30 CFR 57 Subpart U Safety Program for Surface Mobile Equipment and 30 CFR 77 Subpart V Safety Program for Surface Mobile Equipment set out similar rules for (1) surface areas of underground metal and nonmetal mines and (2) surface coal mines and surface work areas of underground coal mines, respectively, which also take effect on January 19, 2024.

United States – Washington

Amended Document – WAC Chapter 296-62 General Occupational Health Standards
Amending Document – WAC Chapter 296-62 General Occupational Health Standards 2023-11-21 Amendments

First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance

The amended document, according to the government, requires certain “employers in hospitals and ambulatory surgical centers to adopt and adhere to policies covering the use of smoke evacuation systems to protect workers who may be exposed to surgical smoke.”

European Union

Amended Document – Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (Text with EEA relevance)
Amending Document – Commission Delegated Regulation (EU) 2023/2485 of 27 June 2023 amending Delegated Regulation (EU) 2021/2139 establishing additional technical screening criteria for determining the conditions under which certain economic activities qualify as contributing substantially to climate change mitigation or climate change adaptation and for determining whether those activities cause no significant harm to any of the other environmental objectives

First Effective Date: 11 December 2023
Industry Sector: General Industry

The amended document notably expands and refines technical screening criteria for economic activities contributing substantially to climate change mitigation or climate change adaptation by bringing into scope various sectors not currently covered by the existing criteria, such as the manufacturing of electrical equipment, low carbon vehicles, aircraft, and certain emergency services activities.

Amended Document – 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 (Text with EEA relevance)
Amending Document – Directive (EU) 2023/2668 of the European Parliament and of the Council of 22 November 2023 amending Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work

First Effective Date: 20 December 2023
Industry Sector: General Industry, Building Management & Maintenance

The amended document, according to the government, notably:

  • updates the meaning of “asbestos” by specifying the asbestos types classified as carcinogens and emphasizing their fibrous silicates nature;
  • clarifies the requirement related to the risk assessment of activities involving potential exposure to asbestos or materials containing asbestos by prioritizing the removal of asbestos or materials containing asbestos over other forms of asbestos handling;
  • adds additional information that should be included in the notification submitted by the employer to the responsible authority before the work, such as “the activities and processes involved, including with regard to the protection and decontamination of workers, waste disposal and, where relevant, air exchange when working under confinement”;
  • specifies the measures for avoiding the release of asbestos dust into the air, such as “asbestos dust suppression”, “the suction of asbestos dust at source”, and the requirement for an appropriate decontamination procedure for workers;
  • requires regular cleaning and maintenance for all premises and equipment involved in the treatment of asbestos;
  • requires more specific and periodic measurements of asbestos fibres at the place of work;
  • clarifies the methods for fibre counting;
  • lowers the permissible airborne concentration of asbestos for worker exposure;
  • requires immediate identification of the reasons for the limit value being exceeded and appropriate measures to remedy the situation;
  • broadens the scope of obligations for employers for the identification of presumed asbestos-containing materials before commencing demolition, maintenance, or renovation work on certain premises;
  • mandates undertakings that intend to carry out demolition or asbestos removal work to obtain a permit from the competent authority before commencing the work; and
  • introduces the minimum requirements for the mandatory training for workers who are, or who are likely to be, exposed to dust from asbestos or materials containing asbestos, and workers who engage in demolition or asbestos removal work.

United Kingdom

Amended Document – Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)
Amending Document – The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023

First Effective Date: 1 January 2024
Industry Sector: General Industry, Building Management & Maintenance

The amended document notably introduces provisions for the free allocation of allowances and the UK Emissions Trading Scheme Registry, such as the activities that are not eligible for free allocation and the conditions for free allocation of allowances to certain installations, particularly those involved in electricity generation and sale within the specified periods.

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