On April 27, 2016, the Online Reporting Application was released for the Multi-Sector Air Pollutants Regulations (MSAPR) Part 1 - Boilers and Heaters for the June reporting requirements; the application is accessed through Environment and Climate Change Canada’s Single Window (SWIM) reporting platform.  It is important to note that pursuant to Section 120 of the MSAPR, the use of the online reporting tool is mandatory.  The Application will be updated later this year  to accommodate future online reporting requirements (e.g. annual reports).

In addition, several webinars will be held to demonstrate the Online Reporting Application in both English and French.  There is no need to pre-register for these webinars.

Copies of the instructional documents for SWIM entry are provided below.

MSAPR Part 1 - Online Reporting Application Instructions (English) (146 KB)

MSAPR Part 1 - Online Reporting Application Instructions (French) (123 KB)

Additional questions can be forwarded to ec.combustion.ec@canada.ca.

For additional information in regards to the MSAPR, please contact Pete Pakalnis.

On December 12, 2016, an Act to Amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make amendments to a related Act, formerly known as Bill C-13, was enacted. This legislation enabled Canada to ratify the World Trade Organization (WTO) Agreement on Trade Facilitation (TFA) on December 16, 2016.

The TFA, which entered into force on February 22, 2017, contains binding commitments for the 164 WTO Members to modernize and simplify border procedures. The legislative amendments contained in this Act relate to two specific provisions of the TFA:

• Article 10.8.1: Importers may return to exporters goods rejected on account of their failure to meet certain health and technical requirements, unless an alternate way is provided for in laws and regulations.
• Article 11.8: Technical regulations may not be applied to goods moving through the territory of a WTO Member from a point outside its territory to another foreign point (i.e. goods in transit).

As a result of the legislative changes, the following provisions in the TFA apply to hazardous products under the Hazardous Products Act (HPA), as follows:

• Under Article 10.8.1 of the TFA, hazardous chemicals that do not comply with the HPA could be returned/re-consigned to the importer for removal from Canada at their expense unless they pose unacceptable risks to human health and safety, in which case they would be seized and not returned.
• Under the Hazardous Products Regulations, the sale and importation of hazardous products that are "in transit" (being transported through Canada after being imported and before being exported, when the place of initial loading and the final destination are outside of Canada), and that are not intended for use in a work place in Canada, are exempt from the labelling and safety data sheet requirements of the HPA.
• In addition, the HPA was amended to provide authority, consistent with other Health Canada legislation, to implement international agreements, such as the TFA.

For more information, please contact the Workplace Hazardous Materials Bureau at:

Email: WHMIS_SIMDUT@hc-sc.gc.ca

Telephone: 1-855-407-2665

Additional information can also be found online:

WTO-Negotiations

WTO-TFA FAQs

Bill C-13

Hazardous Products Act

For more information, please contact Mark Roehler.

On April 5, 2017, the proposed amendments to the Cap and Trade and Reporting Regulations was posted to the Environmental Registry.  The full post for this EBR post, Registry #013-0104 can be viewed here but an excerpt of the proposed amendments is provided below.

Proposed Amendments to the Cap and Trade Regulation

Changes being considered to the Cap and Trade regulation along with the incorporated Methodology include:

• Changes to the methods for determining the number of allowances to be distributed free of charge to particular facilities in the pulp and paper, mineral wool insulation, used oil processing, and fuel ethanol sectors. The proposal is to move the particular facilities to emissions intensity/ product output benchmark approaches from distributions based on energy use or fixed historical emissions.


• Updates to selected benchmarks or facility intensity in beer and industrial ethanol sectors to address emissions from additional sources (i.e., cogeneration);


• Refinement of the method for determining the distribution of allowances free of charge to capped participants based on the amount used where that use differs from the indirect useful thermal energy (e.g., steam) imported;


• Administrative amendments to improve administration and implementation of the program (e.g., address a situation where a facility becomes a mandatory participant after registering as a voluntary participant in a previous year).

Proposed Regulatory Amendments to the Quantification, Reporting and Verification of Greenhouse Gas Emissions Regulation (O. Reg. 143/16)

Changes being considered to the reporting regulation along with the incorporated Guideline include:

• Requiring the reporting of emissions from the use of all the process fuels by the iron and steel producer, including emissions from the process fuel that is transferred off-site


• Requiring capped participants, for whom the cost of carbon is not included in the price of fuels, to report all emissions from the combustion of fuels they receive. Natural gas distributors do not pass on the cost of carbon to capped participants because they are expected to bear the compliance obligation for those emissions. This would require capped participants to report emissions from both:
  • natural gas used at the capped facility; and
  • natural gas transferred offsite to a non-capped facility.


• Clarifying the requirements for the reporting and verification of production data by capped participants, to support any application for free allowances. Clarification will apply only to the data that are the basis for the allocation of allowances.

Capped participants will also have an associated compliance obligation under the cap and trade program as a result of these changes under items 1 and 2 to the reporting regulation.

The proposed changes are included in the Proposed Amendments to the Cap and Trade and Reporting Regulations - Spring 2017 document provided below.

Proposed Amendments to the Cap and Trade and Reporting Regulations - Spring 2017 (261 KB)

The 45 day comment period for these amendments is open until May 20, 2017.  Comments can be submitted directly to:

Eric Loi
Senior Engineer
Ministry of the Environment and Climate Change
Climate Change and Environmental Policy Division
Air Policy Instruments and Programs Design Branch
77 Wellesley Street West
Floor 10
Ferguson Block
Toronto Ontario M7A2T5

Phone: (416) 314-1700

Comments can also be submitted online at:

https://www.ebr.gov.on.ca/ERS-WEB-External/searchComment.do?actionType=add¬iceId=MTMyMTEz&statusId=MjAwNTIz¬iceHeaderIdString=MTMyMTM5

For additional information on Ontario's Cap and Trade Program, please contact Marnie Freer.

A proposal to amend the TDG Regulation was published in the Canada Gazette Part I on April 1, 2017. The proposed amendments to the TDG seek to update marine requirements to align with those in the Cargo, Fumigation and Tackle Regulations (CFTR) and the 49 Code of Federal Regulations (CFR) and to reduce duplication. The objectives of this proposal are as follows:

• Update the marine provisions in the TDG Regulations to reflect the terminology and definitions used in the current version of the CSA 2001 and in regulations that are made under the authority of the CSA 2001;
• Update certain marine requirements to align with those in the CFTR and the 49 Code of Federal Regulations (CFR) and reduce duplication;
• Eliminate discrepancies between the definitions of short-run ferry in the TDG Regulations and in the CFTR and amend the exemption for short-run ferries in the TDG Regulations to provide clarity around the provisions from which it grants exemption;
• Allow the transport of gasoline and propane in highway tanks on passenger carrying ferries operating over the most direct water route between two points not more than 5 km apart under certain conditions; and
• Allow the transport of UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. in quantities up to 25 L on passenger carrying vessels.

Full details of the proposed regulations can be obtained from the Canada Gazette at:

http://gazette.gc.ca/rp-pr/p1/index-eng.html - Saturday, April 1, 2017, Vol. 151, No. 13

Interested persons may provide comments on the proposed Regulations within 30 days after the date of publication of this notice (by May 1). All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to:

Geneviève Sansoucy, Chief

Regulatory Affairs Branch, Transport Dangerous Goods Directorate, Department of Transport

Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5

tel.: 613-990-5766; fax: 613-993-5925

email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca

For more information on the TDG Regulation, please contact Mark Roehler.

LEHDER is honoured to be nominated for the 2017 Employee Relations Outstanding Business Achievement Award (OBAA) through the Sarnia Lambton Chamber of Commerce.

This award recognizes companies which demonstrate a commitment to staff development, work/life balance, fair employment practices and employee communications.  LEHDER has always mandated a dedication to each of these principles and we are delighted to be recognized for this commitment by our local community.

The OBAA ceremony is taking place at the Imperial Theatre on June 16, 2017 - tickets are currently available on their website.

Thank you to the Sarnia Lambton Chamber of Commerce for this honour and our congratulations to all the local businesses on their nominations!

On March 22, 2017, the Ontario Ministry of the Environment and Climate Change (MOECC) conducted the first greenhouse gas (GHG) allowances auction. The auction included both current 2017 vintage allowances in addition to an advance auction of 2020 vintage allowances.

All of the current vintage allowances and 26% of the 2020 vintage allowances were purchased during the auction. The March 2017 Ontario Auction #1 Summary Results Report, including the list of participants and additional auction details, has been posted to the Government of Ontario’s site at:

https://www.ontario.ca/page/cap-and-trade-auction-allowances#section-0

The PDF documents have also been provided for you below.

March 2017 Cap and Trade Auction Summary Results (English) (91 KB)

March 2017 Cap and Trade Auction Summary Results (French) (92 KB)

For additional information on Ontario’s Cap and Trade Program, please contact Marnie Freer.

LEHDER is honoured to be nominated in the 'Environmental Consultants' category for the 2017 Canadian Occupational Safety (COS) Readers’ Choice Awards. 

The COS Readers' Choice Awards identify the preferred vendors and providers as voted by their readers. Voting is open until April 28, 2017 and the survey to vote for your favourite safety suppliers can be accessed via the following link:

https://www.surveymonkey.com/r/Z36CZYS

COS is also offering a chance at a $100 gift card to Amazon.ca as a thank you for completing the survey.  Good luck to all the nominees!

In December of 2016, the Final Report and Recommendations of the Emergency Response Task Force (ERTF) were published online. Transport Canada has reviewed these recommendations and developed proposals for regulatory amendments and supporting guidance materials and is currently accepting comments on these proposed to changes to the TDG Regulations Part 7 - Emergency Response Assistance Plans.  The full article can be viewed here:

http://www.tc.gc.ca/eng/tdg/clear-modifications-menu-261.htm#reg

Transport Canada (TC) is looking for feedback on the proposed changes to the ERAP requirements (Part 7) of the TDG Regulations and ideas on how to develop explanatory guidance materials. Comments can be submitted until May 1, 2017.  Using this feedback, the regulatory amendments and guidance materials will be developed and posted to the Canada Gazette, Part I, for a 30 day comment period.

To review the proposals in the consultation document, visit www.letstalktransportation.ca/part7eraps. The online consultation tool allows you to provide your input via direct online submission or by e-mail.

Should you wish to contact TC directly, or should you experience problems with the online link, TC has provided the following contact information:

By e-mail at:

TC.TDGRegulatoryProposal-TMDPropositionReglementaire.TC@tc.gc.ca, with the subject heading “Part 7 – Emergency Response Assistance Plans (ERAPs)”.

By mail at:

Regulatory Affairs Branch Transportation of Dangerous Goods Transport Canada

Place de Ville, Tower, 330 Sparks Street, 9th Floor Ottawa, Ontario, Canada, K1A 0N5

For additional information in regards to the TDG Regulations, please contact Mark Roehler.

On April 28, 2017, LEHDER Principal Mark Roehler will be presenting at IDC Technologies' 2nd Dangerous Goods Conference in Toronto, ON.  Mr. Roehler's presentation, titled Hazardous Waste, Ontario Subject Waste and Dangerous Goods - Relationships and Classifications will define each of these and discuss their similarities, yet differences, in classification from a shipping perspective. Various scenarios will be used to illustrate how documentation (bill of lading or waste manifest) should be completed to maintain compliance with TDG and provincial waste regulations. 

Additional information in regards to the full day conference schedule and registration is provided below:

IDC Technologies website - conference information and registration

DG Conference Brochure - April 28, 2017 (912 KB)

For more information, please contact Mark Roehler.

On March 8, 2017, updated guidance documents for Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) were posted to the Environmental Registry. 

The Ontario Ministry of the Environment and Climate Change has updated guidance on technical requirements that support the ministry’s risk framework for air standards, site-specific standard, technical standards and Upper Risk Thresholds (URTs) under the Local Air Quality Regulation (O. Regulation 419/05: Air Pollution – Local Air Quality) made under the Environmental Protection Act. The web links and documents for the updated documents are provided below:

Guideline for the Implementation of Air Standards in Ontario (Guideline A-12)

Guideline for the Implementation of Air Standards in Ontario (GIASO) (3619 KB)

Guide to Requesting a Site-Specific Standard

Guide to Requesting a Site-specific Standard (1552 KB)

Guide to Applying for Registration to the Technical Standards Registry – Air Pollution

The full EBR post can be viewed here:

https://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTI1MDMz&statusId=MTk0OTI0&language=en

For more information on these guidance documents, please contact Marnie Freer.