Canada Gazette, Part I, Volume 152, Number 6: GOVERNMENT NOTICES

February 10, 2018

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2018-66-01-02 Amending the Non-domestic Substances List

The Minister of the Environment, pursuant to subsection 66(2) of the Canadian Environmental Protection Act, 1999 (see footnote a), makes the annexed Order 2018-66-01-02 Amending the Non-domestic Substances List.

Gatineau, January 22, 2018

Catherine McKenna
Minister of the Environment

Order 2018-66-01-02 Amending the Non-domestic Substances List

Amendments

1 (1) Part I of the Non-domestic Substances List (see footnote 1) is amended by deleting the following:

(2) Part I of the List is amended by adding the following in numerical order:

2 (1) Part II of the List is amended by adding the following in numerical order:
19205-3 Heteromonocyclic alkyl halide, reaction products with aluminum chloride
Halogénure d'alkylhétéromonocycle, produits de la réaction avec du chlorure d'aluminium
(2) The description of substance "17782-7" in Part II of the List is replaced by the following:
17782-7 2-Oxepanone, polymer with tetrahydro-2H-pyranone, dodecyl ester, hydrogen phosphate, compound with alkanolamine (1:1)
Oxépan-2-one polymérisée avec la tétrahydro-2H-pyranone, ester dodécylique, phosphate de hydrogène, composée avec une alcanolamine (1:1)

Coming into Force

3 This Order comes into force on the day on which it is published in the Canada Gazette.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2018-87-01-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote b), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote c);

Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote d), makes the annexed Order 2018-87-01-02 Amending the Non-domestic Substances List.

Gatineau, January 22, 2018

Catherine McKenna
Minister of the Environment

Order 2018-87-01-02 Amending the Non-domestic Substances List

Amendment

1 Part I of the Non-domestic Substances List (see footnote 2) is amended by deleting the following:

Coming into Force

2 This Order comes into force on the day on which Order 2018-87-01-01 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of cyanides, including those specified on the Domestic Substances List (paragraphs 68(b) and 68(c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas the 10 substances identified in the annex below and included in the screening assessment are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on cyanides pursuant to paragraphs 68(b) and (c) or section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that free cyanide and precursors of free cyanide meet one or more of the criteria set out in section 64 of the Act;

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that free cyanide, cyanide salts and cyanide complexes be added to Schedule 1 of the Act;

Notice is furthermore given that the ministers have released a risk management scope document for these substances to initiate discussions with stakeholders on the development of risk management actions.

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

Marc D'Iorio
Director General
Industrial Sectors, Chemicals, and Waste Directorate

On behalf of the Minister of the Environment

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of cyanides

Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of cyanides. Of these substances, 10 were identified as priorities for assessment as they met categorization criteria under subsection 73(1) of CEPA or were considered a priority based on other human health concerns. The Chemical Abstracts Service Registry Number (CAS RN (see footnote 3)) of these substances, their Domestic Substances List (DSL) names and their common names are listed in the table below.

Cyanides identified as priorities for assessment under subsection 73(1) of CEPA
CAS RN DSL name Common name
74-90-8 Hydrocyanic acid Hydrogen cyanide
143-33-9 Sodium cyanide Sodium cyanide
506-61-6 Argentate(1-), bis(cyano-c)-, potassium Potassium dicyanoargentate
13601-19-9 Ferrate(4-), hexakis(cyano-c)-, tetrasodium, (oc-6-11) Tetrasodium ferrocyanide (yellow prussiate of soda)
13746-66-2 Ferrate(3-), hexakis(cyano-c)-, tripotassium, (oc-6-11)- Tripotassium ferricyanide
13943-58-3 Ferrate(4-), hexakis(cyano-c)-, tetrapotassium, (oc-6-11)- Tetrapotassium ferrocyanide
13967-50-5 Aurate(1-), bis(cyano-c)-, potassium Potassium dicyanoaurate
14038-43-8 Ferrate(4-), hexakis(cyano-c)-, iron(3+) (3:4), (oc-6-11)- Ferric ferrocyanide (Prussian blue, insoluble)
25869-00-5 Ferrate(4-), hexakis(cyano-c)-, ammonium iron(3+) (1:1:1), (oc-6-11)- Ferric ammonium ferrocyanide
25869-98-1 Ferrate(4-), hexakis(cyano-c)-, iron(3+) potassium (1:1:1), (oc-6-11)- Potassium ferric ferrocyanide (Prussian blue, soluble or Turnbull's blue)

The ecological screening assessment uses a moiety-based approach that focuses on free cyanide (HCN and CN-) and precursors of free cyanide as the forms of primary ecotoxicological significance, which include the 10 substances listed above that were identified as priorities for assessment. Molecular HCN is considered the moiety of concern for cyanides for the ecological assessment as it is expected to be the dominant free cyanide species under environmentally representative conditions. Precursors of free cyanide relevant to the ecological screening assessment may be classified as "weak acid dissociable" (WAD) cyanide complexes or "strong acid dissociable" (SAD) cyanide complexes. Cyanides may be measured in the environment as free cyanide (CNFree), WAD cyanide (CNWAD) or total cyanide (CNT), with the latter referring to the sum of CNFree and CNWAD species, and all other remaining strong cyanide complexes (i.e. "strong acid dissociable" CNSAD).

The human health screening assessment focuses on specific substances identified as priorities that are separated into two distinct subgroups: free/simple cyanides (HCN and NaCN) and the metal-cyanide complexes. The human health assessment takes into consideration reported levels of HCN and total cyanide in food and environmental media, as well as exposure of the general population to the 10 cyanides from the use of products available to consumers.

HCN is highly water soluble and highly volatile, while metal-cyanide complexes are generally water soluble but are not considered volatile. If released to air, HCN will rapidly disperse and is unlikely to accumulate near the point of release; however, HCN is considered persistent in air due to an estimated atmospheric lifetime of approximately six months. HCN and other cyanides are not considered persistent in water as they may biodegrade or undergo a variety of other transformation processes (e.g. transformation to thiocyanate, complexation with iron). HCN and other precursors of free cyanide are not considered bioaccumulative.

The presence of free cyanide in environmental media, food or products may result from natural or anthropogenic sources. A number of cyanides are naturally occurring substances that may be produced in the environment by abiotic processes (e.g. combustion) and by biota (e.g. cyanogenic glycosides in plants from the Brassica genus). There are also many natural and anthropogenic point and diffuse sources for release of free cyanide to air and water, including industrial facilities, forest and house fires, and vehicle emissions. Cyanides are manufactured incidentally by many industries, including iron and steel manufacturing.

Results from a regulatory survey for the 10 substances identified as priorities for assessment indicate that 7 substances were imported into Canada in 2011. Cyanides are imported into Canada for use by many sectors for a variety of applications, including analytical reagents for plating and surface finishing or as chemical intermediates. Sodium cyanide (NaCN) is the most commercially important cyanide substance, with an import volume in 2011 of 10 000 000–50 000 000 kg. NaCN is mainly used as an extraction agent for precious metals (e.g. gold) and, to a lesser degree, base metals, and may be released in the effluent of metal mining facilities. Another substance of interest is tetrasodium ferrocyanide, with an import volume in 2011 of 10 000–100 000 kg, which is used mainly as an anticaking agent in road salts. Hydrogen cyanide is incidentally produced in Canada (at a volume of 1 000 000–10 000 000 kg in 2011) by a few sectors where high temperature and pressure processes are used, such as iron and steel manufacturing (from coke ovens and blast furnaces at integrated steel mills), where releases of cyanides to air and surface water may occur.

HCN disrupts energy metabolism in organisms and it is highly toxic to aquatic organisms. This is evident from the predicted no-effect concentration (PNEC) of 1.7 µg/L for freshwater that was derived through a species sensitivity distribution approach using chronic toxicity endpoints for 12 aquatic species. The ecotoxicity of metal-cyano complexes is largely driven by their ability to dissociate and release free cyanide.

The ecological exposure assessment for cyanides focuses on potential releases of free cyanide from three main sectors of activity: metal mining, iron and steel manufacturing, and application of ferrocyanide-containing road salts. When available, measurements of CNWAD and CNFree were considered in addition to measurements of CNT for the ecological exposure characterization. Approximately 40% of measured concentrations of total cyanide (CNT) in samples collected in areas receiving metal mining effluent exceeded the PNEC. Average yearly releases of cyanides from integrated steel mills were calculated using loadings reported to a provincial government, and it was determined that releases from two facilities could exceed the PNEC. Finally, concentrations of CNT and CNWAD in the environment receiving runoff from parking lots and highways where ferrocyanide-containing road salts were applied were determined to be sufficiently elevated to have the potential to cause chronic adverse effects to organisms.

Considering all available lines of evidence presented in this draft screening assessment, there is a risk of harm to organisms, but not to the broader integrity of the environment from cyanides, which include free cyanide and precursors of free cyanide. It is proposed to conclude that free cyanide and precursors of free cyanide meet the criteria under paragraph 64(a) of CEPA, as they are entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. However, it is proposed to conclude that free cyanide and precursors of free cyanide do not meet the criteria under paragraph 64(b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends.

For the assessment of risk to human health, the metal-cyanide complexes were addressed in a qualitative manner. For the single-iron cyanide complexes (CAS RNs 13601-19-9, 13746-66-2, 13943-58-3), tetrasodium ferrocyanide and tetrapotassium ferrocyanide are approved food additives with a limited number of permitted uses in a small number of food categories. Tetrasodium ferrocyanide and its decahydrate salt are listed in the Natural Health Products Ingredients Database (NHPID) with a non-medicinal role for use as an anticaking agent in natural health products (NHPs) up to 0.025 mg/kg-bw/day. Tetrasodium ferrocyanide is an ingredient present in two dermally applied cosmetic products in Canada. The anticipated exposure to the general population from single-iron cyanide complexes is negligible due to their low concentration as food additives and in products, low dermal absorption and known product use patterns. Therefore, the risk is considered to be low.

The risk is considered to be low for the multi-iron cyanide complexes (CAS RNs 14038-43-8, 25869-98-1, 25869-00-5). Adverse health effects are not expected for these substances. Furthermore, there is minimal exposure due to their low bioavailability and high stability.

The gold- and silver-cyanide complexes (CAS RNs 13967-50-5 and 506-61-6) were addressed in a qualitative manner as exposure of the general population is not expected based on current uses and the risk is considered to be low.

The risk is considered to be low for the free/simple cyanides subgroup (CAS RNs 74-90-8, 143-33-9). Following inhalation exposure, the critical health effects were effects on the thyroid. A comparison of levels in ambient air with critical health effect levels resulted in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases. For oral exposure, the critical effects were effects on the male reproductive system. A comparison of levels of dietary exposure to the free/simple cyanides with critical health effect levels resulted in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases.

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that the 10 cyanides identified as priorities for assessment do not meet the criteria under paragraph 64(c) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed conclusion

It is proposed to conclude that free cyanide and precursors of free cyanide meet one or more of the criteria set out in section 64 of CEPA.

It is proposed to conclude that free cyanide and precursors of free cyanide meet the persistence criteria but not the bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.

The draft screening assessment and the risk management scope for these substances are available on the Canada.ca (Chemical Substances) website.

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DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of claims for exemption

Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of the filing of the claims for exemption listed below.

In accordance with subsection 12(2) of the Hazardous Materials Information Review Act, affected parties, as defined, may make written representations to the screening officer with respect to the claim for exemption and the safety data sheet (SDS) or label to which it relates. Written representations must cite the appropriate registry number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the screening officer at the following address: Workplace Hazardous Materials Bureau, 269 Laurier Avenue West, 8th Floor, Ottawa, Ontario K1A 0K9.

Julie Calendino
Chief Screening Officer

On February 11, 2015, the Hazardous Products Act (HPA) was amended and the Controlled Products Regulations (CPR) and the Ingredient Disclosure List were repealed and replaced with the new Hazardous Products Regulations (HPR). The revised legislation (HPA/HPR) is referred to as WHMIS 2015 and the former legislation (HPA/CPR) is referred to as WHMIS 1988. Transitional provisions allow compliance with either WHMIS 1988 or WHMIS 2015 for a specified period of time.

The claims listed below seek an exemption from the disclosure of supplier confidential business information in respect of a hazardous product; such disclosure would otherwise be required under the provisions of the relevant legislation.

Claimant Product Identifier Subject of the Claim for Exemption Registry Number
Nalco Canada ULC EMBR18244A C.i. of one ingredient
C. of six ingredients		 11875
Imperial Oil Limited MOBILCUT 250 C. of six ingredients 11876
Multi-Chem Production Chemicals Co. MC MX 617-1 C.i. of two ingredients 11877
Atotech Canada Ltd. Zinni AL 650 MU
Brightener		 C.i. of one ingredient
C. of three ingredients		 11878
Momentive Performance Materials SM 2128 NPF C.i. and C. of
one ingredient		 11879
Halliburton Group Canada HYFLO IV M SURFACTANT C.i. and C. of one ingredient
C. of three ingredients		 11880
Sialco Materials Ltd. ECO-ACID C.i. and C. of one ingredient 11881
Atotech Canada Ltd. Master Remover 4001 C.i. and C. of one ingredient 11882
Atotech Canada Ltd. Master Remover 2001 C.i. and C. of one ingredient 11883
Atotech Canada Ltd. Master Remover 7000 C.i. and C. of one ingredient 11884

Note: C.i. = chemical identity and C. = concentration

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DEPARTMENT OF INDUSTRY

INVESTMENT CANADA ACT

Amount for the year 2018

Pursuant to subsections 14.1(1.1) and (2) of the Investment Canada Act, I hereby determine that the amount for the year 2018, equal to or above which an investment is reviewable, is three hundred and ninety-eight million dollars.

Navdeep Bains
Minister of Industry and Minister Responsible for Investment Canada

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DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Revocation of designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the Peterborough Police Service as a fingerprint examiner:

Ottawa, January 25, 2018

Kathy Thompson
Assistant Deputy Minister
Community Safety and Countering Crime Branch

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INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

COMPETITION ACT

Revised Competition Act pre-merger notification transaction-size threshold for 2018

Pursuant to subsection 110(8) of the Competition Act, I hereby determine that the amount for the year 2018, for the purposes of any of subsections 110(2) to (6) of the Competition Act, is 92 million dollars.

Navdeep Bains
Minister of Innovation, Science and Economic Development

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PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada's diversity. The Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We will continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website.

Position Organization Closing date
President and Chief Executive Officer Atomic Energy of Canada Limited  
Directors Bank of Canada February 20, 2018
Vice-Chairperson Canada Council for the Arts February 16, 2018
Chairperson Canada Lands Company Limited  
President and Chief Executive Officer Canada Post Corporation  
Chief Executive Officer Canadian Air Transport Security Authority  
President Canadian Broadcasting Corporation  
Chief Executive Officer Canadian Dairy Commission  
President Canadian Nuclear Safety Commission February 26, 2018
Members (Northwest Territories) Historic Sites and Monuments Board of Canada February 12, 2018
Members (appointment to roster) International Trade and International Investment Dispute Settlement Bodies  
Parliamentary Librarian Library of Parliament  
Chief Electoral Officer Office of the Chief Electoral Officer  
Deputy Director Office of the Director of Public Prosecutions February 12, 2018
Information Commissioner Office of the Information Commissioner  
Commissioner Royal Canadian Mounted Police  
Chairperson Social Security Tribunal  
Executive Director Telefilm Canada  
Chief Executive Officer Windsor-Detroit Bridge Authority  

Ongoing opportunities

Opportunities posted on an ongoing basis.
Position Organization Closing date

Full-time and Part-time Members

Immigration and Refugee Board June 29, 2018

Upcoming opportunities

New opportunities that will be posted in the coming weeks.
Position Organization
Chairperson Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Sergeant-at-Arms House of Commons
Commissioner International Joint Commission

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TREASURY BOARD OF CANADA SECRETARIAT

Canada-European Union Comprehensive Economic and Trade Agreement Regulatory Cooperation Forum — Request for stakeholder comments

The Government of Canada is soliciting comments from all stakeholders regarding issues or sectors that should be considered by the Regulatory Cooperation Forum (RCF) under the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA).

Background

On September 21, 2017, the Canada-EU CETA entered into force provisionally. Chapter 21 lays out the framework for regulatory cooperation activities, including the establishment of the RCF. The purpose of this new forum is to facilitate and promote regulatory cooperation.

Currently, both parties are working to establish the RCF. As part of this work, the Government of Canada is interested in public views on potential regulatory cooperation work with the EU, and on how best to address regulatory divergences between Canada and the EU.

Submissions

The Government of Canada is inviting comments from all stakeholder groups on potential areas for regulatory cooperation with the EU. This may include proposing to align existing regulatory systems, to streamline duplicative procedures, or to work collaboratively in areas that will be impacted by new or disruptive technologies that are not yet regulated. These new areas could offer the unique opportunity for Canada and the EU to develop aligned frameworks together. Stakeholder input is instrumental in providing practical recommendations for alignment opportunities and priorities, as well as possible pilot projects.

Where possible, please provide the following:

Where there are multiple initiatives proposed, submissions should prioritize the order in which initiatives could be considered by the RCF.

For more information on the Canada-EU RCF, please consult Chapter 21 of CETA.

Supplementary information

The Government of Canada recognizes that unnecessary regulatory differences can impede trade and hinder competitiveness. However, misalignment is generally not the product of fundamental differences in objectives, but is often the result of operating independently.

Effective regulatory cooperation is about more than just regulations; it must consider all parts of the regulatory system, including policy, guidance, inspections, testing methods, and compliance and enforcement. Addressing alignment issues helps reduce unnecessary burden on business, facilitates exports, and fosters economic growth. Consumers can also benefit from decreased costs and increased choice of safe products.

It is important to note that regulatory cooperation and alignment is voluntary and is about working together where it is mutually beneficial. Cooperation is not about limiting the ability of governments to regulate in order to protect the health and safety of its citizens. The Government of Canada is committed to protecting and advancing the public interest in health, safety and security, the quality of the environment, and the social and economic well-being of Canadians through an effective, efficient, and accountable regulatory system.

Submissions

Please provide your input by April 11, 2018. Written submissions can be sent to rcd-dcmr@tbs-sct.gc.ca.

Your detailed input will help the Treasury Board of Canada Secretariat and Canadian regulatory departments and agencies implement the RCF, identify key areas for regulatory cooperation work, and establish systemic structures to strengthen regulatory cooperation efforts.

Transparency

The Government of Canada may make public some or all of the responses received or may provide summaries in its public documents. Therefore, parties making submissions are asked to clearly indicate the name of the individual or the organization that should be identified as having made the submission.

In order to respect privacy and confidentiality, when providing your submission please advise whether

Information received throughout this submission process is subject to the Access to Information Act and the Privacy Act. Should you express an intention that your submission, or any portions thereof, be considered confidential, the Government of Canada will make all reasonable efforts to protect this information.

Contact

Brennen Young
Director
Regulatory Cooperation
Regulatory Affairs Sector
Treasury Board of Canada Secretariat
Email: rcd-dcmr@tbs-sct.gc.ca

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