Bill 76 2008

An Act to amend the Consumer Protection Act, 2002, the Environmental Protection Act and the Occupational Health and Safety Act

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Consumer Protection Act, 2002

   1.  Part II of the Consumer Protection Act, 2002 is amended by adding the following section:

Warning before exposure to toxic substances

   13.2  (1)  No prescribed supplier shall supply to a consumer goods or services that expose the consumer to a toxic substance described in subsection (2) unless the supplier first warns the consumer of the exposure in the prescribed manner.

Toxic substances

   (2)  The following are toxic substances for the purposes of subsection (1):

    1.  Substances that are identified as Group 1, Group 2A or Group 2B agents in the IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, published by the World Health Organization International Agency for Research on Cancer, as amended from time to time.

    2.  Any other substance that is prescribed as a chemical causing cancer or reproductive toxicity.

Review of list of substances

   (3)  The Lieutenant Governor in Council shall appoint a person to review each year any regulation made for the purposes of paragraph 2 of subsection (2) and recommend revisions to it.

Definition

   (4)  For the purposes of this section,

"expose" has the prescribed meaning.

   2.  Subclause 116 (1) (b) (i) of the Act is repealed and the following substituted:

           (i)  in respect of Part II, Consumer Rights and Warranties, subsection 10 (1), section 12, subsections 13 (2) and (7), subsections 13.1 (1) and (2) and subsection 13.2 (1),

Environmental Protection Act

   3.  The Environmental Protection Act is amended by adding the following section:

Pollutant inventory

   4.1  (1)  The Minister shall establish and maintain a pollutant inventory that contains at least the following information:

    1.  The alphabetical index record referred to in subsection 19 (9).

    2.  All records that are filed in the Environmental Site Registry established under section 168.3.

    3.  All reports submitted under section 6 of Ontario Regulation 127/01 (Airborne Contaminant Discharge Monitoring and Reporting) made under the Act.

    4.  All reports supplied to the Director under the following regulations made under the Act:

            i.  Ontario Regulation 560/94 (Effluent Monitoring and Effluent Limits - Metal Mining Sector).

           ii.  Ontario Regulation 215/95 (Effluent Monitoring and Effluent Limits - Electric Power Generation Sector).

          iii.  Ontario Regulation 561/94 (Effluent Monitoring and Effluent Limits - Industrial Minerals Sector).

          iv.  Ontario Regulation 64/95 (Effluent Monitoring and Effluent Limits - Inorganic Chemical Sector).

           v.  Ontario Regulation 214/95 (Effluent Monitoring and Effluent Limits - Iron and Steel Manufacturing Sector).

          vi.  Ontario Regulation 562/94 (Effluent Monitoring and Effluent Limits - Metal Casting Sector).

         vii.  Ontario Regulation 63/95 (Effluent Monitoring and Effluent Limits - Organic Chemical Manufacturing Sector).

        viii.  Ontario Regulation 537/93 (Effluent Monitoring and Effluent Limits - Petroleum Sector).

          ix.  Ontario Regulation 760/93 (Effluent Monitoring and Effluent Limits - Pulp and Paper Sector).

    5.  All reports required under sections 61 and 81 of the Clean Water Act, 2006.

    6.  All nutrient management plans and strategies approved under section 28 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002.

    7.  All notices provided to the Director under section 29 of the Pesticides Act.

    8.  The alphabetical index of orders required under subsection 31 (8) of the Pesticides Act.

    9.  All adverse drinking water test results reported under section 18 of the Safe Drinking Water Act, 2002.

  10.  Prescribed information about the impacts of the prescribed pollutants on the environment and on human health.

  11.  Any other data and reports that the Environmental Commissioner of Ontario requires.

Requirements re publication

   (2)  The provincial inventory shall,

  (a)  be available at the Ministry's website;

  (b)  be kept up to date; and

   (c)  include instructions on how to use the inventory.

Same

   (3)  The information in the provincial inventory shall be made searchable by,

  (a)  the name of a pollutant;

  (b)  the name of a person;

   (c)  the geographic region, including the postal code;

  (d)  the facility;

  (e)  the number of the regulation under which the information was filed;

    (f)  the instrument, as defined in subsection 1 (1) of the Environmental Bill of Rights, 1993, to which the information relates;

  (g)  the type of impact on the environment; and

   (h)  the type of impact on human health.

Reports

   (4)  The website at which the pollution inventory is available shall have a function to allow a user of the inventory to create reports organized by the criteria listed in subsection (3) and by any other prescribed criteria.

Public access

   (5)  The requirement to publish and maintain the pollution inventory applies,

  (a)  in addition to any other provisions set out in this Act or any other Act or regulation respecting public access to the documents listed in subsection (1); and

  (b)  despite any other provision in any other Act or regulation that would limit the disclosure or use of any information listed in subsection (1).

Occupational Health and Safety Act

   4.  Clause 38 (1) (d) of the Occupational Health and Safety Act is repealed and the following substituted:

  (d)  furnished by the employer to the fire department which serves the location in which the workplace is located; and

   5.  The Act is amended by adding the following sections:

Hazardous materials inventory

   39.1  (1)  An employer shall make or cause to be made and shall maintain an inventory of all hazardous materials and all hazardous physical agents that are present in the workplace.

Same

   (2)  The inventory required by subsection (1),

  (a)  shall contain such information as may be prescribed; and

  (b)  shall be prepared in consultation with the committee or health and safety representatives, if any, for the workplace or with a worker selected by the workers to represent them, if there is no committee or health and safety representative.

Same

   (3)  Where an inventory required by subsection (1) is amended during a year, the employer, not later than the first day of February in the following year, shall prepare a revised version of the inventory incorporating all changes made during the preceding year.

Identification of ingredients

   (4)  Where, under the regulations, an employer is required to identify or obtain the identity of the ingredients of a hazardous material, the employer is not in contravention of the regulations if the employer has made every effort reasonable in the circumstances to identify or obtain the identity of the ingredients.

Same

   (5)  An employer shall advise a Director in writing if, after making reasonable efforts, the employer is unable to identify or obtain the identity of the ingredients of the hazardous material as required by the regulations.

Exception

   (6)  Except as may be prescribed, subsection (1) does not apply to an employer who undertakes to perform work or supply services on a project in respect of materials to be used on the project.

Floor plans

   (7)  The employer shall keep readily accessible at the workplace a floor plan, as prescribed, showing the names of all hazardous materials and their locations and shall post a notice stating where the floor plan is kept in a place or places where it is most likely to come to the attention of workers.

Hazardous materials substitutes

   39.2  (1)  No person shall use a hazardous material in a workplace where it is reasonably practicable to substitute a material for it that is not a hazardous material.

Same

   (2)  Where a hazardous material is to be used for any purpose in a workplace and an equivalent material that is less hazardous is available to be used for that purpose, the equivalent material shall be substituted for the hazardous material where reasonably practicable.

Commencement

   6.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   7.  The short title of this Act is the Community Right to Know Act (Disclosure of Toxins and Pollutants), 2008.

 

EXPLANATORY NOTE

The Bill adds a provision to the Consumer Protection Act, 2002 that prohibits prescribed suppliers from supplying a consumer with goods or services that expose the consumer to certain toxic chemicals unless the supplier has first warned the consumer of the possible exposure. It is an offence under the Act to contravene the provision.

The Bill amends the Environmental Protection Act to require the Minister of the Environment to establish a pollutant inventory containing a variety of information relating to the release of pollutants into the environment and the environmental and health effects of such pollutants.

The Bill amends the Occupational Health and Safety Act to require employers to provide to the local fire department all material safety data sheets required by Part IV of the Act and to maintain an inventory of all hazardous materials in the workplace. In addition, the Bill prohibits the use of hazardous materials in a workplace where it is reasonably practicable to substitute a material that is not hazardous.