By: Sydney Sybydlo
This is a list of select proposed EHS regulatory changes in Canada, the United States, and the European Union. Nimonik monitors EHS legislation, regulations and standards in over 30 countries and 400 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
- British Columbia – Grizzly Bear Stewardship Framework
- British Columbia – Consultation on proposed amendments to Part 14 of the Occupational Health and Safety Regulation
- Northwest Territories – Review of the Climate Change Strategic Framework and 2030 Energy Strategy
- Ontario – Proposal to amend O. Reg. 509/18 under the Electricity Act, 1998 (“Efficiency Regulation”)
- Quebec – Regulation to amend the Regulation respecting occupational health and safety in mines
- Quebec – Regulation to amend the Regulation respecting the development, implementation and financial support of a deposit-refund system for certain containers
United States
- Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection
- Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Green Sea Turtle
- Personal Protective Equipment in Construction
- Fluid Mineral Leases and Leasing Process
European Union
Canada – British Columbia
Grizzly Bear Stewardship Framework
Published Date: 17 July 2023
Industry Sector: General Industry
The British Columbia Ministry of Forests is seeking feedback on its draft plan to promote the protection of grizzly bears, a species of special concern in Canada, in the province. The draft plan contains information about the species, its habitats, ecological roles, and biological needs, their effect on other wildlife and sets out stewardship goals as well as proposed approaches to meet those goals.
Interested parties are invited to review the Draft Grizzly Bear Stewardship Framework and complete a feedback questionnaire on the draft.
Additional information is available here.
Consultation on proposed amendments to Part 14 of the Occupational Health and Safety Regulation
Published Date: 17 July 2023
Industry Sector: General Industry, Building Management & Maintenance
WorkSafe BC has announced its intention to update occupational safety rules concerning the operation of tower cranes. It would update the requirements governing their erection, operation, qualified persons, and notices of specified projects.
The changes would be made by amending the Occupational Health and Safety Regulation.
A draft of the proposed changes is available here.
Interested parties may submit comments until 25 August 2023.
Northwest Territories
Review of the Climate Change Strategic Framework and 2030 Energy Strategy
Published Date: 22 June 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Northwest Territories (NWT) is seeking feedback on “its approach to energy and climate change mitigation issues” in the NWT. They are seeking input on:
- ideas for a lower carbon future;
- evolving energy systems in the NWT;
- climate action and the NWT economy; and
- suggestions on cooperation towards climate and energy goals.
Interested parties should read the published Discussion Guide and may submit comments until 21 August 2023.
Additional information is available here.
Ontario
Proposal to amend O. Reg. 509/18 under the Electricity Act, 1998 (“Efficiency Regulation”)
Published Date: 10 July 2023
Industry Sector: Hardware Manufacturing Industry
The Ontario Ministry of Energy has announced its intention to “introduce rolling incorporation of Natural Resources Canada (NRCan) efficiency standards for 24 space and water heating products under the Efficiency Regulation.”
Such incorporation “would update product scope, test standards and efficiency requirements of these products automatically if, and when changes/updates are made in NRCan’s regulation.”
The changes would be made by amending the Energy and Water Efficiency – Appliances and Products regulation.
Interested parties may submit comments until 24 August 2023.
Additional information is available here.
Quebec
Regulation to amend the Regulation respecting occupational health and safety in mines
Published Date: 28 June 2023
Industry Sector: Mining & Minerals Industry
The Government of Quebec has announced its intention to update rules concerning occupational health and safety in mines. According to the government, the changes would:
- “introduce the definition of seismic excavation as well as specific measures for workers working in this type of excavation”, notably to specify “that the status of seismic excavation must be determined by an engineer, that the risk zone must be delimited, and that only authorized persons can be in the risk zone”;
- require “training for workers using explosives and acting as blasters in an underground or open-pit mine or in a quarry”;
- specify that an “explosives management program must be drawn up and applied by the employer”;
- add “requirements concerning the transportation of explosives in an underground mine”;
- introduce the “possibility of carrying out scaling using mechanized equipment”;
- specify “that a working face must be examined before drilling is carried out” and that it is possible to “install timbering up to the working face before the remnants of drill holes are marked” in an underground mine; and
- add the “possibility of carrying out drilling on broken rock without conducting an examination of misfires if the drilling pattern is staggered”.
The changes would be made by amending the Regulation respecting occupational health and safety in mines.
Interested parties may submit comments until 12 August 2023.
Additional information is available here.
Regulation to amend the Regulation respecting the development, implementation and financial support of a deposit-refund system for certain containers
Published Date: 19 July 2023
Industry Sector: General Industry, Building Management & Maintenance
The Government of Quebec has announced its intention to update rules concerning deposit-refund systems for certain containers. According to the government, the changes would:
- amend “some definitions, in particular to ensure concordance and to clearly distinguish between redeemable containers and non-returnable containers”;
- adjust “provisions concerning the persons required to comply with the obligations of the Regulation”;
- relax “the requirements for persons conducting a verification of certain activities, and specifies the requirements for audits”;
- include “an exception to the obligation to pay a deposit to a person selling a redeemable container”;
- specify that “access to a return site and the use of its equipment to return redeemable containers must be provided free of charge”;
- reduce “the number of return sites that must be operational when the implementation of the deposit system begins”;
- make it possible “for any person to offer a personalized service to collect redeemable containers, on certain conditions”;
- detail “the calculation of the contribution payable by producers to finance the deposit system and the related publication requirements”; and
- amend “the rules governing the visibility of the costs for recovering and reclaiming redeemable containers.”
The changes would be made by amending the Regulation respecting the development, implementation and financial support of a deposit-refund system for certain containers.
Interested parties may submit comments until August 3, 2023.
Additional information is available here.
United States
Lowering Miners’ Exposure to Respirable Crystalline Silica and Improving Respiratory Protection
Published Date: 13 July 2023
Industry Sector: Mining & Minerals Industry
The United States Mine Safety and Health Administration (MSHA) has announced its intention to update occupational health rules for miners to better protect “against occupational exposure to respirable crystalline silica, a carcinogenic hazard, and to improve respiratory protection for all airborne hazards.”
They are proposing “to set the permissible exposure limit of respirable crystalline silica at 50 micrograms per cubic meter of air (µg/m3) for a full shift exposure, calculated as an 8-hour time-weighted average, for all miners [and] include other requirements to protect miner health, such as exposure sampling, corrective actions to be taken when miner exposure exceeds the permissible exposure limit, and medical surveillance for metal and nonmetal miners.”
Interested parties may submit comments until 28 August 2023. MSHA will also host public hearings on 3 August 2023 and 21 August 2023, in Virginia and Colorado, respectively.
Additional information is available here.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Green Sea Turtle
Published Date: 19 July 2023
Industry Sector: General Industry
The United States Fish and Wildlife Service (Service or USFWS) has announced its intention to designate critical habitats for certain distinct population segments (DPSs) of the green sea turtle: “the federally threatened North Atlantic, South Atlantic, and Central North Pacific DPSs and the federally endangered Central South Pacific and Central West Pacific DPSs.”
According to the Service, “approximately 8,870 acres (ac) (3,590 hectares (ha)) are proposed across 101 units in the States of Florida and Hawai’i; the territories of the U.S. Virgin Islands, American Samoa, and Guam; the commonwealths of Puerto Rico and the Northern Mariana Islands, and two USFWS-managed areas (Midway Islands and Palmyra Atoll).”
The Service “is also proposing to designate specific areas in the marine environment as critical habitat for DPSs of the green sea turtle.” More information on the details of that proposal are available here.
They will also host various public hearings in August regarding this proposal. Interested parties may submit comments until 17 October 2023.
Additional information is available here.
Personal Protective Equipment in Construction
Published Date: 20 July 2023
Industry Sector: Construction Industry
The United States Occupational Safety and Health Administration has announced its intention to update rules concerning personal protective equipment for the construction industry “to explicitly require that the equipment must fit properly,” and is seeking comments regarding the proposed revision.
Interested parties may submit comments until 18 September 2023.
Additional information is available here.
Fluid Mineral Leases and Leasing Process
Published Date: 24 July 2023
Industry Sector: Oil & Gas Industry
The United States Bureau of Land Management (BLM) has announced its intention to update its oil and gas leasing regulations. According to BLM, the changes “would reflect provisions of the Inflation Reduction Act pertaining to royalty rates, rentals, and minimum bids, and would update the bonding requirements for leasing, development, and production. [They] would also improve the BLM’s leasing process to ensure proper stewardship of public lands and resources and would revise some operating requirements.”
Interested parties may submit comments until 22 September 2023.
Additional information is available here.
European Union
Proposal for a Regulation of the European Parliament and of the Council on the transparency and integrity of Environmental, Social and Governance (ESG) rating activities
Published Date: 13 June 2023
Industry Sector: Finance & Insurance Industry
The European Commission, according to the content of this proposal, has announced its intention “to enhance the integrity, transparency, responsibility, good governance, and independence of ESG [Environmental, Social, and Governance] rating activities” in the European Union. This proposal would notably:
- provide “the conditions for the provision of ESG ratings in the Union”;
- set requirements for ESG rating providers, such as authorization processes, transparency requirements, and cooperation with supervisory authorities;
- establish “the principles on the integrity and reliability of ESG rating activities”;
- establish the supervisory powers of the European Securities and Markets Authority in relation to the supervision of ESG rating providers, such as information requests, investigations, and penalties; and
- lay down transitional provisions for existing and new small and medium-sized ESG rating providers.
Additional information about this initiative is available here and here.
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