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Environmental Legislation Changes in force January 2019

The following legislative updates are a sample of the changes that have taken place in January. For a comprehensive update of legislative and regulatory changes sign up for our trial subscription.

Federal

 

Title of Act or Regulation: Canada Oil and Gas Operations Act (RS 1985 c. O-7) 

In force date: January 1, 2019

Summary of changes: 

  • Section 5.021 describing the net environmental benefits of using spill-treating agent has been expanded.

  • Section 25.1 a section also describing the use of spill-treatment agents has been amended to included a provision that allows the use of the agent in accordance to the regulations.

  • Subsection 25.1(3) has also been amended to change the requirements to allow the use of spill-treatment agents, which includes the removal of the following requirements:

    • providing the approval in writing;

    • and the consultation with the Minister and the Minister of environment.

Title of Act or Regulation: Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) (SOR/2012-134)  

In force date: January 1, 2019

Summary of changes: 

  • A reference to the new Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity (SOR/2018-261) has been added.

Title of Act or Regulation: Greenhouse Gas Emissions Information Production Order (SOR/2018-214)

In force date: January 1, 2019

Summary of changes: 

  • The Government of Canada has issued an Erratum for a formulae in section 103 which describes the calculation to be followed, if a regulated facility uses a mixture of fossil fuels or a mixture of biomass and fossil fuels to generate electricity.

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Title of Act or Regulation: Remediation Regulation (AR 154/2009)

In force date: January 1, 2019

Summary of changes: 

  • The title of the Regulation has been changed from Remediation Certificate Regulation to Remediation Regulation

  • Definitions which includes "infrastructure”, limited remediation certificate”,“parcel of land”, “railway”, “roadway”, “site” and site-based remediation certificate” has been added to section 1.

  • New guidelines which includes Environmental Site Assessment Standard, Exposure Control Guide, and Risk Management Plan Guide have been adopted in section 2 of the regulation.

  • New sections 2.1 to 2.6 describing Alberta Tier 2 requirements have been added to the regulation.

  • New submission requirements are added to section 3.

  • Section 4 describing the Issuance of remediation certificate has also been amended.

  • Section 5 describing the Name on remediation certificate has been expanded.

  • Section 8 Environmental protection orders has been amended

  • A new section 8.1 describing Electronic system provisions have been added to the regulation.

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Alberta
British Columbia

 

Title of Act or Regulation: Wildlife Act Commercial Activities Regulation (BC Reg 338/82) 

In force date: January 2, 2019

Summary of changes:

  • Sections pertaining to insurance requirements have been expanded and clarified. Appendix 2 has also been replaced.  
     

 

Title of Act or Regulation: Forest Planning and Practices Regulation (BC Reg 14/2004)

In force date: January 1, 2019

Summary of changes:

  • The meaning of the words “authorized person" and “primary forest activity” has been repealed and replaced.
     

  • Section 1. 2 describing the Activities and categories of persons prescribed for forest practices has been amended to include a new paragraph which allows a permit holder to manage or use Crown land for silviculture treatments or wildlife habitat enhancement.

     

 

Title of Act or Regulation: Wildlife Act General Regulation (BC Reg 340/82)

In force date: January 2, 2019

Summary of changes:

  • Division 18 of the Regulation which describes Trafficking penalty and Increased penalties have been repealed.
     

  • A new section describing the consequences to failure of submitting reports and to which regulation the reports apply to.

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