Environmental Insights is published regularly by ALTECH Environmental Consulting Ltd. - providing timely, industry-focused information on regulatory changes and environmental and energy news that affects our clients’ businesses.

Bill C-45: Workplace Safety Negligence Now Criminal Offence

Bill C-45, an Act to Amend the Criminal Code of Canada, received Royal Assent on November 7, 2003 and came into force on March 31, 2004. The amendments to the Code now make corporations and other organizations criminally liable for violations of workplace safety regulations. Company directors through to supervisors face increased penalties and criminal prosecution for failing to provide a safe workplace.

This requirement under Bill C-45 is similar to the obligations already imposed on employers under occupational health and safety ("OHS") legislation across Canada. For example, the Ontario Occupational Health and Safety Act requires employers in Ontario to take "every precaution reasonable" to protect the health and safety of workers.

Consequences of violating the amended Code include criminal liability and fines of up to $100,000 for less serious offences, with no upper fine limit to organizations for more serious offences.

For more information about Bill C-45, visit: www.canada.justice.gc.ca/en/dept/pub/c45/index.html.

In order to fulfill their due diligence needs, employers should consider establishing or reviewing their Occupational Health and Safety Management System that includes policies, risk identification, control procedures, auditing, reporting and management reviews. For more information, contact David Putnam, P.Eng., of ALTECH at dputnam@altech-group.com or 1-800-323-4937 ext. 228.

New Contaminated Sites Regulation in Ontario

Ontario Regulation 153/04 came into effect on October 1, 2004, detailing the requirements that property owners must now meet in order to file a Record of Site Condition for various purposes, including property transactions for Brownfields redevelopment. The new regulation and its documents replace the provincial Guideline for Use at Contaminated Sites.

Two technical documents are referenced by this regulation, one providing applicable site condition standards, the other providing laboratory analytical protocols.

The regulation also defines the concept of Qualified Persons and which classes of professionals are required to sign off on the various aspects of the recording and reporting process.

For more information, visit www.ene.gov.on.ca/envision/land/decomm/condition.htm or contact Rod Shaver, B.Sc., P.Geo., of ALTECH at 1-800-323-4937 ext 226 or rshaver@altech-group.com.

Ontario Energy Landscape Changing

The McGuinty government in Ontario has recently made both energy supply side management and demand side management a priority. Initiated activities such as the Ontario Electricity Restructuring Act, 2004 (Bill 100) and planned replacement of 7500 MW of coal-fired generating capacity will likely directly affect both industrial and private consumers in 2005.

ALTECH publishes an informational bulletin for its interested clients on the new initiatives related to energy in Ontario. “Adventures in Energy” looks at the effects of the Ontario Ministry of Energy initiatives from the industrial consumer perspective, providing timely information for planning purposes. For a copy of the latest issue, contact Alex Keen of ALTECH at 1-800-323-4937 ext. 223 or akeen@altech-group.com.

O.Reg 346 Proposed Changes

The Ontario MOE is proposing to amend the General Air Pollution Regulation (O.Reg. 346), with changes to be enacted some time in 2005. Public consultation regarding the proposed amendments ends on October 19, 2004.

The proposed technical changes include adoption of the new US EPA air dispersion models, moving from half to one-hour Point of Impingement (POI) emission limits for most substances, and use of 10-minute averaging times for odour-causing chemicals, and mandatory submission of an Emission Summary and Dispersion Modelling Report. Proposed implementation changes would include use of a tiered-model approach for assessing compliance and the potential temporary sitespecific standards using an alternative Risk-Based Decision Making Framework which considers time, community, available technology and economic issues.

All new facilities will need to comply with the amended regulation immediately after it comes into effect. All existing facilities will be required to relatively quickly assess their compliance status using the new models, followed by a 3-5 year phase-in period to either bring air emissions into compliance or complete the alternate risk-based approach process.

More information is available at www.ene.gov.on.ca/envision/air/airquality/standards.htm or by contacting Rob Cowling of ALTECH at 1-800-323-4937 ext. 224 or rcowling@altech-group.com.

Southwestern Ontario Gets Air Quality Pilot Program Funding

Environment Canada has launched its Business Air Quality Program (BAQP) to encourage industrial manufacturing SMEs in southwestern Ontario to reduce air emissions. The 18-month pilot offers a cost-sharing incentive to a maximum of $5000 for developing an energy and emissions management plan that outlines improvements at the plant level. The pilot, delivered by the Ontario Centre for Environmental Technology Advancement using pre-qualified consulting firms, plans to assist 15 to 20 plants in Elgin, Essex, Kent, Lambton and Middlesex counties and in London, Chatham, Sarnia and Windsor. For more information, contact Mr. Kevin Jones, Vice President, OCETA, kjones@oceta.on.ca or 905-822-4133.

Steelcase Markham Plant First Environmental Leader

Steelcase Canada’s Markham, Ontario facility recently became the first firm accepted into the province’s new Environmental Leaders Program. Steelcase has committed to complete elimination of VOC emissions from its painting processes, and to reduce its energy consumption by 10% by 2008. In return for these and other pledges, The MOE will provide Steelcase several incentives including technical assistance, inclusion in policy forums with the Minister, advanced consultation on new regulations, guaranteed CofA approval time and access to an Enhanced Comprehensive CofA process for the facility. For a copy of the MOE/Steelcase agreement, go to http://www.ene.gov.on.ca/envision/general/leadership/leaders/steelcase%5Fagreement.pdf or call Brian Bobbie, ALTECH, 1-800-323-4937 ext. 245.

Review of Transportation of Dangerous Goods Act

Transport Canada is now completing the public consultation step of a comprehensive review of the Transportation of Dangerous Goods Act, 1992. During the first three steps of the nine-step process, the issues were identified, categorized, prioritized and described. Steps 4 and 5 include discussions and public consultation. During the last four steps the results will be analysed and amendment decisions will be realised with the assistance of experts. A list of all the issues are available on Transport Canada’s website. Comments may be submitted electronically, by mail or by phone. The last round of Ontario consultation includes a meeting on November 3, 2004 in Mississauga and closes in Ottawa on November 9. To register or for more information, visit Transport Canada’s TDG Act Review website: http://www.tc.gc.ca/tdg/consult/actreview/menu.htm or contact ALTECH’s David Putnam, P.Eng., dputnam@altech-group.com or 1-800-323-4937 ext. 228.

If you wish to subscribe, please send an email containing your contact information to subscribe@altech-group.com.