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LEHDER News

Alberta’s Air Monitoring Directive – Will You Be In Compliance With Chapter 5?

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Alberta Air Monitoring DirectiveAlberta’s Air Monitoring Directive (AMD) sets out the requirements for monitoring and reporting air quality in the province of Alberta.  The AMD was originally written in 1989 with an amendment released in 2006 but it does not reflect current practices.  The AMD is currently under review and revision – the 9 chapters of the AMD will be implemented after a thorough public review period, with several chapters already in place.

AMD Chapter 5 is referred to as the Quality System Chapter and was released on June 20, 2014.  The purpose of this chapter is to establish a set of consistent requirements for the documentation, implementation and maintenance of a Quality System to:

  •   Verify the quality of air monitoring data;

  •   Establish consistency in air monitoring practices;

  •   Ensure comparability of data; and

  •  Ensure that air monitoring, reporting and maintenance activities are delivered with   consistent quality.


Who Does Chapter 5 Affect?

Chapter 5 of the AMD affects:

  •  Alberta airsheds and industrial operations who conduct air monitoring and reporting; and

  •  Alberta airsheds or industrial operations who hire contractors to conduct ambient air  monitoring or reporting on their behalf.

Chapter 5 does not include requirements for CEMS monitoring as the Alberta Environmental Protection CEMS Code (1998) already includes requirements for a Quality Assistance Plan.

When Do I Need to Be In Compliance?

Chapter 5 of the AMD was released on June 20, 2014 with the compliance date of June 20, 2015.

How Can LEHDER Help?

For support on this topic or to obtain a copy of the LEHDER AMD Chapter 5 Factsheet , please contact LEHDER Principal Mike Denomme.

LEHDER 20th Anniversary Open House

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LEHDER Open House 2015LEHDER would like to thank our clients and friends who joined us on November 5, 2015, for our Client Appreciation Open House in celebration of our 20th anniversary.

Thank you to everyone who attended as well as Copper Kettle catering for providing our refreshments for the evening and the DMI Professional Building for allowing us to host our event in the picturesque atrium of our Point Edward office building.

To see how LEHDER's celebrated throughout the year, please go to our 20th Anniversary page; an overview of LEHDER's 20 year history by LEHDER President, Sid Lethbridge, can be viewed here

MOECC Adopts Updated Air Dispersion Models for Ontario Regulation 419/05

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MOECC Air Dispersion Model UpdatesOn November 2, 2015, the MOECC published the notification of the adoption of updated approved air dispersion models under O.Reg.419/05 to the EBR (Registry # 012-5177).  The use of these updated air dispersion models is effective immediately.

The MOECC has replaced existing approved modeling versions under O. Reg. 419/05 as follows:

1.    AERMOD dispersion model version 14134 (version date May 14, 2014) used in conjunction with AERMET meteorological pre-processor version 14134 (version date May 14, 2014)

REPLACES - AERMOD dispersion model (version 07026) used in conjunction with the AERMET meteorological preprocessor (version 06341).

2.    ASHRAE method of calculation described in Chapter 45 (Building Air Intake and Exhaust Design) of the 2011 ASHRAE Handbook – HVAC Applications.

REPLACES  - the method of calculation for same structure contamination described in Chapter 44 (Building Air Intake and Exhaust Design) of the 2007 ASHRAE Handbook — HVAC Applications, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE).

To view the full EBR posting of these updates, please click here.

For more information on how these updates may impact your facility, please contact Penny McInnis.

Climate Law - Operating in a Cap and Trade System Seminar

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Gowlings, oClick here for Climate Law: Operating in a Cap and Trade Systemne of Toronto's leading business law firms, is holding a seminar in regards to the Ontario Cap and Trade System for business.  The details on this seminar follow - you can click here for more information and to register.


From Nov. 30 to Dec. 11, 2015 the world will meet in Paris for the Conference of the Parties to the UN Framework on Climate Change. “Paris 2015” is billed as a crucial conference — an effort to achieve a new international agreement on climate applicable to all nations.  

The position of the new Government of Canada going into Paris 2015 is uncertain. In this country it is the provinces which have taken the lead on climate action. One mechanism adopted at the provincial level, by Quebec and Alberta, is the implementation of a greenhouse gas cap and trade system. The Province of Ontario has announced that it too will implement a cap and trade system, linked to the systems already functioning in Quebec and California.

This seminar will explore what cap and trade means for those in the capped sectors as well as for their stakeholders. It will also explore what opportunities there may be for participation by those in unregulated sectors. We will address questions such as:

  • How are the caps set?
  • How does one acquire an emission allowance?
  • How are allowances traded?
  • What are offset credits, and how are they issued and traded?
  • How do linkages work between jurisdictions?
  • What are the business opportunities, and risks, in a cap and trade system?
  • What is project carbon finance all about? Who are the participants and what are the opportunities?
  • What does cap and trade mean for shareholders, lenders, and other stakeholders? 

Our speakers bring a legal and business perspective to the topic, from Ontario, Quebec and California.

When Federal & Provincial Rules Conflict - The Case of Waste Manifests Vs. TDG

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ON Waste Manifest Requirements Vs. the TDGRThe recent amendments to the federal Transportation of Dangerous Goods Regulation (TDGR) have created challenges for waste managers/shippers due to inconsistencies between the federal/provincial waste manifest form.

In order for a waste manifest to qualify as a TDG shipping document, the information must be provided in the order prescribed in TDGR s.3.5 - UN No., Shipping Name, Class, Packing Group.  However, the current waste manifest requires the information be entered as Prov. Code, Shipping Name, Class, UN No., Packing Group, Quantity Shipped, Units, Packaging (No./Code), Physical State. 

Earlier this year, the Canadian standard Movement Document/Manifest (adopted by Canadian provinces and territories for use in waste shipments across Canada) was modified to include the required consignor certification statement and signature which was required by TDGR s. 3.6.1 as of July 15, 2015.  For more information, please refer to the June 17, 2015 post - Documentation Requirements for Dangerous Goods Including Wastes.

The provincial regulatory bodies must wait on Environment Canada to modify the Movement Document/Manifest.  Completion of the manifest must meet provincial waste requirements as well as Federal TDG regulations.

In Ontario, the MOECC does not have any plans currently to revise the manifest document to account for these discrepancies.  Dr. Dianne Saxe, one of Canada's leading environmental lawyers, has written a blog post in relation to some of the steps you can take to handle these issues at your facility.  To view that post, please click here.

Note:  While Dr. Saxe's post provides a general guide to this subject matter, it is recommended you seek specific advice in regards to your facility requirements.

In Alberta, Alberta Environment and Parks (AEP) is allowing the manifest form to be completed by proceeding the UN Number before the shipping name in the shipping name column of the manifest.  AEP has also updated their manifest attachment sheet to be in compliance with TDGR.  For more information on this, please refer to the AEP's Hazardous Waste Manifest System.

For more information about waste manifests and the TDGR, please contact Mark Roehler.

Ontario Strengthens Environmental Protections for the Great Lakes

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MOECC News Release

Today Ontario passed the Great Lakes Protection Act which will strengthen the province's ability to keep the Great Lakes and St. Lawrence River clean, as well as to protect and restore the waterways that flow into them.

Passing the Act enables the province to address significant environmental challenges to the Great Lakes, including climate change, harmful pollutants and algal blooms. The Act will also:

  • Establish a Great Lakes Guardians' Council to provide a collaborative forum for discussing and gaining input on issues and priorities relating to the Great Lakes.

  • Allow the Ministry of the Environment and Climate Change to set environmental targets and enable communities to address local problems.

  • Require consideration of Traditional Ecological Knowledge in decisions made about the health of the Great Lakes if offered by First Nations or Metis communities.

  •  Enshrine Ontario's Great Lakes Strategy, the province's action plan on the Great Lakes, as a living document to be reviewed every six years and reported in the legislature every three years.

Protecting the Great Lakes for future generations supports the government's plan to build Ontario up. The four-part plan includes investing in people's talents and skills, making the largest investment in public infrastructure in Ontario's history, creating a dynamic, innovative environment where business thrives and building a secure retirement savings plan.

To read the full MOECC News Release, please click here.

Proposed Amendments to GHG Emissions Reporting Regulation O. Reg. 452/09

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O. Reg. 452/09 GHG Proposed AmendmentsIn April 2015, Premier Wynne announced that Ontario would implement a cap and trade system in an effort to reduce greenhouse gas (GHG) emissions in the province. The proposed updates to Ontario Regulation 452/09 to support this system will increase and expand the GHG emissions reporting currently required under the Environmental Protection Act and the Greenhouse Gas Emissions Reporting Regulation (O. Reg. 452/09) and related Guidelines.

Some of the key changes proposed include:

  • Emissions Reporting Threshold - Decrease in emissions reporting threshold from 25,000 tonnes of carbon dioxide equivalent (CO2e) to 10,000 tonnes while maintaining the requirement that emissions greater than 25,000 tonnes be verified by a third party.

  • Capped and Non-capped Emission Categories - Division of source emissions into categories to establish those subjected to only reporting requirements and those requiring third party verification.

  • Global Warming Potential - Will not be updated and will remain as is in order to align with the Western Climate Initiative.

  • Petroleum Products Suppliers/Natural Gas Distributors - Starting in the 2016 reporting year, petroleum products suppliers that first introduce products to the Ontario market (including refineries and terminals) will be required to report GHG emissions attributable to the combustion of petroleum products.

  • Other Sources with Reporting Requirements - Several other sources will have emission reporting requirements, including:

  • Equipment used for natural gas transmission, storage and distribution;

  • Electricity transmission, distribution and imports;

  • Magnesium production; and

  • Mobile equipment at facilities.

The MOECC recently posted the updated Regulations and Reporting Requirements for comment by interested parties, which can be viewed here.  The comment period is open until October 29, 2015.  Comments can be submitted to the MOECC by email or by submission to the contact provided here.

For more information or to discuss how these proposed changes may affect your facility, please contact Marnie Freer at (519) 336-4101 ext. 226.

WHMIS 2015 - Ingredient Disclosures on Safety Data Sheets

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GHS/WHMIS 2015 SymbolsOn July 31, 2015, Health Canada released a Guidance document to assist Canadian suppliers and importers, as well as U.S. suppliers to Canada, in regards to the ingredient disclosure requirements for Safety Data Sheets (SDS) under WHMIS 2015.  This Guidance document summarizes the WHMIS 2015 requirements for hazardous ingredient disclosure and compares this to WHMIS 1998 and the current U.S. HCS2012 regulations.

Both Canadian and U.S. GHS-based regulations proscribe the use of broad concentration ranges (not related to production variation) are now prohibited, which is a change from the WHMIS 1988 requirements.  Actual, or ‘true’, concentrations must now be disclosed on the SDS.  

For example, a product which has an ingredient present at 11.5% +/- 0.5% could have been listed on the MSDS with a range of 10-30%. Under WHMIS 2015, it would need to be listed as 11-12% on the SDS as the use of a range requires documentation to prove that’s it a true variability based upon product formulation or process data.  Basically, if you know the true concentration of an ingredient, it must be disclosed.

While Canada and the U.S are aligned with regards to ingredient disclosures, the mechanisms to protect Confidential Business Information (CBI) are different.  In Canada, the only way to maintain proprietary ingredient information is to file a trade secret claim through the application process with Health Canada under the Hazardous Materials Information Review Act.

For more information, please view the following Health Canada Guidance Documents:

Disclosure of Ingredient Concentrations and Concentration Ranges on Safety Data Sheets 

Comparison of Ingredient Concentration Disclosure and CBI Protection Requirements  

For more information, please contact LEHDER Principal Mark Roehler.


Proposed Hazardous Waste Fees Increase

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TDG Overpack RequirementsThe Ontario Ministry of the Environment and Climate Change (MOECC) is proposing a regulation to amend O. Reg. 347 under the Environmental Protection Act. The proposed regulation would increase the tonnage component of the Hazardous Waste Fees for hazardous waste transferred or disposal of, including:

An increase from $10 to $20 per tonne for waste transfer/disposal between January 1, 2016 and January 1, 2017; and

An increase to $30 per tonne after January 1, 2017.                  

Comments are being accepted for this proposed regulation until September 19, 2015. For more information or to provide comments, please see EBR Registry posting 012-3915.

For more information, please contact LEHDER Principal Mark Roehler.

TDG Overpacks - Are You Labelling Properly?

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TDG Overpack Labelling Requirements

The wording of section 4.10.1 Safety Marks on an Overpack of the Transportation of Dangerous Goods Regulation in Canada can cause some confusion in regards to overpack labelling requirements for domestic shippers, especially when taking other regulatory requirements into account (e.g. UN Model Regulations, IMDG, IATA, and 49 CFR).  Essentially, even if the TDG labels are visible from the outside of the individual DGs in a combined shipment, an overpack label must be provided on the exterior of the overpack. 

For more information, please contact Mark Roehler or to attend one of LEHDER's upcoming TDG courses, please review our training schedule via the Regulatory Training page.