Canada Gazette, Part I, Volume 152, Number 12: GOVERNMENT NOTICES
March 24, 2018
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Proposed notice requiring the preparation and implementation of pollution prevention plans in respect of toluene diisocyanates
The Minister of the Environment proposes to publish the annexed Notice under section 56 of the Canadian Environmental Protection Act, 1999 (the "Act"
). This proposed Notice (the "Notice"
) will initiate a 60-day comment period and after review of the comments received, the Minister intends to publish a Final Notice requiring the preparation and implementation of pollution prevention plans in the Canada Gazette, Part I.
The Final Notice will require the preparation and implementation of a pollution prevention plan in respect of toluene diisocyanates, which are specified on the List of Toxic Substances in Schedule 1 of the Act. The Final Notice will apply to any person or class of persons who, in 2017 or any time thereafter, releases to ambient air 100 kg or more of toluene diisocyanates per calendar year.
When the Final Notice is published, it will replace the Notice entitled Notice requiring the preparation and implementation of pollution prevention plans in respect of specified substances on Schedule 1 of the Canadian Environmental Protection Act, 1999, related to the polyurethane and other foam sector (except polystyrene). That Notice was published in the Canada Gazette, Part I, on November 26, 2011, to satisfy the requirements under sections 91 and 92 of the Act.
More information on pollution prevention planning can be found in the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for Implementation. These guidelines and other information relating to pollution prevention and pollution prevention planning can also be found on the Pollution Prevention Planning Notices section of the Government of Canada website.
Marc D'Iorio
Director General
Industrial Sectors, Chemicals, and Waste Directorate
On behalf of the Minister of the Environment
PROPOSED NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF TOLUENE DIISOCYANATES
Notice is hereby given that, pursuant to the provisions of subsection 56(1) of Part 4 of the Act, the Minister of the Environment requires any person or class of persons described in section 2 of the Notice to prepare and implement a pollution prevention plan in respect of toluene diisocyanates (TDIs), which are specified on the List of Toxic Substances in Schedule 1 of the Act.
1 Definitions
The definitions in this section apply to this Notice.
"Act"
means the Canadian Environmental Protection Act, 1999 (CEPA)."Ambient air"
means the open air surrounding the earth, excluding the air within any structure or underground space."Calendar year"
means a complete year beginning January 1 and ending December 31 of each year.- In
"best available techniques economically achievable"
the word"techniques"
includes both the facility equipment used in the process and how the process is operated. It includes, but is not limited to, matters such as the number of employees, their qualifications and experience, working methods, training, supervision and the manner the process is operated. It also includes the design, construction, layout and maintenance of the facility and buildings. "Minister"
means the Minister of the Environment."Notice"
means the Notice requiring the preparation and implementation of pollution prevention plans in respect of toluene diisocyanates."Plan"
means a pollution prevention plan."Pollution prevention"
, as defined in section 3 of the Act, means"the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health."
"Toluene diisocyanates"
or"TDIs"
means benzene,1,3-diisocyanato-1-methyl- or 2,6-TDI (Chemical Abstracts Service [CAS] Registry No. 91-08-7), benzene,2,4-diisocyanato-1-methyl- or 2,4-TDI (CAS Registry No. 584-84-9), or benzene,1,3-diisocyanatomethyl- or mixtures of 2,6-TDI and 2,4-TDI (CAS Registry No. 26471-62-5).
2 Person or class of persons required to prepare and implement a plan
(1) The Notice applies to any person or class of persons who, in 2017 or any time thereafter, owns or operates a facility that releases into the ambient air 100 kg or more of TDIs per calendar year.
- (a) In the case of a person or class of persons that becomes subject to the Notice after the date of publication in the Canada Gazette, Part I, that person or class of persons becomes subject to the Notice on the last day of the month that their releases reached the 100 kg threshold described in subsection 2(1).
(2) The Notice applies to any person or class of persons who is the successor or assign of the persons identified in subsection 2(1).
3 Activities in relation to which the plan is to be prepared
The Minister requires any person or class of persons identified in section 2 to prepare and implement a plan in relation to any activities at a facility that it owns or operates that result in releases of TDIs into the ambient air.
4 Factors to consider in preparing the plan
The Minister requires any person or class of persons identified in section 2 to consider the following factors when preparing their plan:
- (1) TDIs were declared toxic under paragraph 64(c) of the Act and were added to the List of Toxic Substances in Schedule 1 of the Act on May 12, 2010. According to the final screening assessment report, TDIs are entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. The final screening assessment report is available on the CEPA Environmental Registry of the Government of Canada website.
- (2) The risk management objective for TDIs is to reduce human exposure to TDIs through the reduction of industrial TDI emissions to ambient air to the greatest extent practicable below the level specified in paragraph 4(3)(b), using the best available techniques economically achievable.
- (3) In order to ensure that releases of TDIs to ambient air and human health risks due to exposure to TDIs are adequately addressed, the person or class of persons subject to the Notice must consider the following factors when preparing their plan:
- (a) Using the best available techniques economically achievable to prevent or control the release of TDIs to ambient air from the following emission sources: stack or point, storage or handling, fugitive, and accidental or non-routine spills.
- (b) Taking the measures referred to in paragraph 4(3)(a) to reduce the quantity of TDIs released to ambient air by the facility to below 100 kg per calendar year.
- (c) Establishing and implementing a leak detection and repair (LDAR) program that includes the use of the latest available version of one of the following sources, as amended from time to time:
- U.S. EPA Leak Detection and Repair — A Best Practices Guide; or
- U.S. EPA, Title 40 CFR Part 63, Subpart H — National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.
- (d) Adopting the recommended practices contained in The DOW Chemical Company VoranateTM T-80 Toluene Diisocyanates Safe Handling and Storage Guide.
- (e) Adopting standards and operating practices for controlling air emissions as outlined in the latest available version of one or more of the following sources, as amended from time to time:
- U.S. EPA Manual — Best Management Practices for Pollution Prevention in the Slabstock and Molded Flexible Polyurethane Foam Industry;
- Allport, D. C. (Editor), Gilbert, D. S. (Editor), and Outterside, S. M. (Editor). MDI & TDI: Safety, Health and the Environment — A Source Book and Practical Guide, Wiley Editions;
- European Commission, Integrated Pollution Prevention and Control (IPPC), Reference Document on Best Available Techniques in the Large Volume Organic Chemical Industry;
- Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Technical Instructions on Air Quality Control — TA Luft, Germany;
- U.S. EPA, Title 40 CFR Part 63, Subpart III — National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production;
- U.S. EPA, Title 40 CFR Part 63, Subpart MMMMM — National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations; or
- Canadian Council of Ministers of the Environment (CCME). Environmental Guidelines for Controlling Emissions of Volatile Organic Compounds for Aboveground Storage Tanks.
- (4) In preparing a plan, a person or class of persons subject to the Notice is to give priority to pollution prevention activities.
5 Period within which the plan is to be prepared
(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than 12 months from the date of publication of the Final Notice.
(2) For a person or class of persons who becomes subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than 12 months from the date the person or class of person became subject to the Notice.
6 Period within which the plan is to be implemented
(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than 36 months from the date of publication of the Final Notice.
(2) For a person or class of persons who becomes subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than 36 months from the date the person or class of persons became subject to the Notice.
7 Content of the plan
A person or class of persons identified in section 2 of the Notice may determine the appropriate content of that person's plan; however, the plan must meet all the requirements of the Notice. The plan must also contain the information required to file the Declaration of Preparation referred to in section 9 of the Notice and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 10 of the Notice.
8 Requirement to keep the plan and record keeping
Under section 59 of the Act, any person or class of persons identified in section 2 of the Notice must keep a copy of the plan at the place in Canada in relation to which the plan is prepared. Where a single plan is prepared for more than one facility, a copy of that plan must be kept at each location.
Any person or class of persons identified in section 2 of the Notice must keep the plan and any records pertaining to the plan for a minimum of five years following the period referred to in section 6 of the Notice.
9 Declaration of Preparation
Under subsection 58(1) of the Act, any person or class of persons identified in section 2 of the Notice must file, within 30 days after the end of the period within which the plan is to be prepared as specified in section 5 or extended under section 13, a written "Declaration that a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates."
This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 1 of the Notice. Where a person or class of persons has prepared a single plan for several facilities, a separate Declaration of Preparation must be filed for each facility.
10 Declaration of Implementation
Under subsection 58(2) of the Act, any person or class of persons identified in section 2 of the Notice must file within 30 days after the end of the period within which the plan is to be implemented as specified in section 6 or extended under section 13, a written "Declaration that a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates."
This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 5 of the Notice. Where a person or class of persons has prepared a single plan for several facilities, a separate Declaration of Implementation must be filed for each facility.
11 Filing of amended declarations
Under subsection 58(3) of the Act, where a person or class of persons specified in section 2 of the Notice has filed a Declaration of Preparation or a Declaration of Implementation referred to in sections 9 and 10 of the Notice, and the Declaration contains information that, at any time after the filing, has become false or misleading, that person or class of persons must file an amended Declaration to the Minister within 30 days after the time that the information became false or misleading, using the appropriate form referred to in section 9 or 10 of the Notice.
12 Use of a plan prepared or implemented for another purpose
Under subsection 57(1) of the Act, a person or class of persons may use a pollution prevention plan prepared or implemented for another purpose to satisfy the requirements of sections 2 to 12 of the Notice. Under subsection 57(2) of the Act, where a person or class of persons uses a plan that does not meet all of the requirements of the Notice, the person or class of persons must either amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. A person or class of persons using existing plans must still file the Declaration of Preparation referred to in section 9 of the Notice, the Declaration of Implementation referred to in section 10 of the Notice, and, if applicable, any amended declarations referred to in section 11 of the Notice.
13 Extension of time
Under subsection 56(3) of the Act, where the Minister is of the opinion that further time beyond the period referred to in section 5 is needed to prepare the plan, or that further time beyond the period referred to in section 6 is needed to implement the plan, the Minister may extend the period for a person or class of persons who submits a written "Request for Time Extension — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates."
The written request must be submitted using the form that contains the information set out in Schedule 3 of the Notice, and must be made before the expiry of the date referred to in section 5 or section 6 of the Notice or before the expiry of any extended period.
14 Application for waiver of factors to consider
Under subsection 56(5) of the Act, the Minister may waive the requirement for a person or class of persons to consider a factor in preparing the plan specified in section 4 where the Minister is of the opinion that it is neither reasonable nor practicable to consider a factor on the basis of reasons provided by that person or class of persons when submitting a written "Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates."
This written request must be submitted using the form that contains the information set out in Schedule 2 of the Notice. Such a request must be made before the expiry of the period within which the plan is to be prepared, as referred to in section 5 of the Notice or before the expiry of any extended period.
15 Performance measurement and evaluation of the Notice
Performance measurement of the Notice will be conducted periodically in order to evaluate the effectiveness of the Notice in meeting its intended objectives. Performance reports summarizing the overall results to date will be posted online. The Minister will evaluate the effectiveness of the Notice with respect to the risk management objective set out in section 4 of the Notice.
The Minister will determine whether other measures, including regulations, are needed to further prevent or reduce negative impacts of TDIs on human health.
16 Resources
Guidance on preparing pollution prevention plans may be obtained from
- the Pollution Prevention Planning Notices section of the Government of Canada website.
Additional information and guidance on pollution prevention can be found on
- the Pollution prevention section of the Government of Canada website; and
- the Pollution prevention resource finder website.
17 Notice Reference Code: P2TDI2018
For administrative purposes, all communication with Environment and Climate Change Canada concerning the Notice should refer to Reference Code P2TDI2018.
18 Public disclosure of information and forms
The Minister intends to publish information submitted in response to the Notice in schedules 1, 2, 3 and 5 in the Pollution Prevention Planning section of the Government of Canada website.
Under section 313 of the Act, all persons or classes of persons submitting information to the Minister are entitled to submit a written request that specific information be treated as confidential. Persons or classes of persons submitting such a request should also include the reasons for that request.
The Notice includes the following forms:
- Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates;
- Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates;
- Schedule 3: Request for Time Extension — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates;
- Schedule 4: (Interim Progress Reports are not required for this Notice); and
- Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of Toluene Diisocyanates.
Forms referred to in the Notice (schedules 1, 2, 3 and 5) will be published as part of the Final Notice and may be filled out electronically using the Pollution Prevention Planning Online Reporting tool within the Single Window Information Manager (SWIM) system.
For the publication of the proposed Notice, schedules 1, 2, 3 and 5 can be found on the TDIs P2 Notice Overview web page.
19 Environment and Climate Change Canada contact information
For technical questions or comments about this proposed Notice, please contact
Chemical Production Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 19th Floor
Gatineau, Quebec
K1A 0H3
- Fax:
- 819-938-4218
- Email:
- ec.pgpc-dppc-cmp-cpd.ec@canada.ca
For more information about pollution prevention planning or online reporting, please contact
Regulatory Innovation and Management Systems Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 20th Floor
Gatineau, Quebec
K1A 0H3
- Telephone (toll-free):
- 1-844-580-3637
- Fax:
- 819-420-7386 or toll-free: 1-844-580-3638
- Email:
- ec.planp2-p2plan.ec@canada.ca
EXPLANATORY NOTE
(This note is not part of the Notice.)
Compliance with the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the "Act"
) is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence under the Act. Offences include the offence of failing to comply with an obligation arising from the Act and the offence of providing false or misleading information. Penalties for offences can result, upon conviction (either summary conviction or indictment), in fines of not more than $12 million, imprisonment for a term of not more than three years, or both.
The current text of the Act, including the most recent amendments, is available on the Department of Justice Canada website.
The Act is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999.
Suspected violations under the Act can be reported to the Enforcement Branch by email at ec.dgalunitedebreffageebbriefingunit.ec@canada.ca.
DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication after screening assessment of four substances in the Epoxy Resins Group specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)
Whereas the four substances identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the draft screening assessment conducted on the substances pursuant to section 74 of the Act is annexed hereby;
And whereas it is proposed to conclude that the substances do not meet any 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 take no further action on these substances at this time under section 77 of the Act.
Public comment period
As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, 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. Comments can also be submitted to the Minister of the Environment using the online reporting system available through Environment and Climate Change Canada's Single Window.
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
David Morin
Director General
Safe Environments Directorate
On behalf of the Minister of Health
ANNEX
Summary of the draft screening assessment of the Epoxy Resins Group
Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of Environment and the Minister of Health have conducted a screening assessment of four substances referred to collectively as the Epoxy Resins Group. The substances in this group (namely three diglycidyl ether of bisphenol A [DGEBA] expoxy resins and novolac epoxy resin) were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA. The Chemical Abstracts Service Registry Numbers (CAS RNfootnote 1) of the substances, their Domestic Substances List (DSL) names and their common names are listed in the table below.
| CAS RNfootnote 2 | DSL name | Common name |
|---|---|---|
| 25036-25-3 | Phenol, 4,4′-(1-methylethylidene)bis-, polymer with 2,2′-[(1-methylethylidene)bis(4,1-phenyleneoxymethylene)]bis[oxirane] | DGEBA epoxy resin |
| 25068-38-6 | Phenol, 4,4′-(1-methylethylidene)bis-, polymer with 2-(chloromethyl)oxirane | DGEBA epoxy resin |
| 25085-99-8 | Oxirane, 2,2′-[(1-methylethylidene)bis(4,1-phenyleneoxymethylene)]bis-, homopolymer | DGEBA epoxy resin |
| 28064-14-4 | Phenol, polymer with formaldehyde, glycidyl ether | Novolac epoxy resin |
These four substances were previously evaluated under the Second Phase of Polymer Rapid Screening, which identified CAS RN 25036-25-3 (one of the DGEBA epoxy resins) and CAS RN 28064-14-4 (novolac epoxy resin) as having low potential to cause ecological harm. The three DEGBA epoxy resins and the novolac epoxy resin were identified as requiring further assessment for potential human health and/or ecological risks on the basis of structural alerts and/or uses associated with significant consumer exposure. The present assessment further elaborates on the potential for DEGBA epoxy resins to cause harm to human health and ecological harm, and for novolac epoxy resin to cause harm to human health, in order to reach an overall conclusion under section 64 of CEPA as to whether they pose a risk to the environment or human health.
The four epoxy resins do not occur naturally in the environment. In Canada, they are reported to be used as cross-linkers and binders in paints, coatings and plating agents, as intermediates, adhesives and sealants in grout, flooring, plastics, concrete, lubricants and lubricant additives, as corrosion inhibitors and anti-scaling agents, and as processing aids specific to petroleum production. In addition, epoxy resins have been identified as components used in the manufacture of some food packaging materials.
DGEBA and novolac epoxy resins contain epoxy reactive functional groups that are associated with potential adverse human health effects. They have moderate chronic toxicity (primarily associated with the lower molecular weight resins) and are dermal sensitizers. However, they have low acute toxicity, and are not developmental or reproductive toxicants, teratogenic or carcinogenic in animal studies. The overall hazard associated with these substances is considered moderate. Canadians may be exposed to DGEBA epoxy resins from the potential transfer of an insignificant amount of the resin from food packaging materials into food, including canned liquid infant formula products. Quantities are very low because these substances are used up in the chemical reaction when the packaging is made. Dietary exposure to novolac epoxy resin from food packaging is also expected to be negligible to the general population, including children. Exposure to epoxy resins by inhalation is not expected due to their low vapour pressures. Dermal exposure to epoxy resins is considered minimal due to their usage in cured form. Indirect exposure of the general public to epoxy resins through media such as drinking water is not expected due to their low water solubility.
A comparison of estimated levels of exposure to DGEBA epoxy resins and the critical effect level result in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases.
Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from DGEBA epoxy resins and novolac epoxy resin. It is proposed to conclude that DGEBA epoxy resins and novolac epoxy resin do not meet the criteria under paragraphs 64(a) and (b) of CEPA, as they are not entering 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 their biological diversity or that constitute or may constitute a danger to the environment on which life depends.
Based on the information presented in this draft screening assessment, it is proposed to conclude that the three DGEBA epoxy resins and the novolac epoxy resin 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 the four epoxy resins do not meet any of the criteria set out in section 64 of CEPA.
The draft screening assessment for these substances is available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of a living organism — Enterobacter aerogenes (E. aerogenes) strain ATCCfootnote 3 13048 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas Enterobacter aerogenes (E. aerogenes) strain ATCC 13048 is a living organism on the Domestic Substances List identified under subsection 105(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the screening assessment conducted on this living organism pursuant to paragraph 74(b) of the Act is annexed hereby;
And whereas it concluded that this living organism does not meet any 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 will take no further action on this living organism at this time under section 77 of the Act.
Catherine McKenna
Minister of the Environment
Ginette Petitpas Taylor
Minister of Health
ANNEX
Summary of the final screening assessment of Enterobacter aerogenes strain ATCC 13048
Pursuant to paragraph 74(b) of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of Enterobacter aerogenes (E. aerogenes) strain ATCC 13048.
E. aerogenes strain ATCC 13048 is a bacterium that has characteristics in common with other strains of the species Enterobacter aerogenes. The genus Enterobacter is widespread in nature, with species present in marine and fresh water, in sewage and soil, and on plants. E. aerogenes is part of the normal flora of the human and animal gastrointestinal tract and is also found on the mucosal surfaces of animals. E. aerogenes strains grow over a wide range of temperatures and pH values. E. aerogenes has characteristics that make it of interest for a variety of applications, including water and wastewater treatment, bioremediation, production of energy and fuels and enzyme production.
E. aerogenes is a well-known organism that can, under certain conditions, infect some animals and cause a range of symptoms that can debilitate the host and even kill it. Under normal circumstances it is unlikely to be a serious hazard to healthy livestock or other organisms in the environment. E. aerogenes can cause mastitis in cows, but affected animals recover rapidly upon treatment with veterinary antibiotics. Some invertebrates are susceptible to E. aerogenes. Despite its prevalence and association with various environmental species and habitats, there is no evidence in the scientific literature to suggest that E. aerogenes has any adverse ecological effects at the population level for plants, vertebrates or invertebrates.
In humans, E. aerogenes is a nosocomial (hospital-acquired) pathogen with the potential to cause a wide variety of infections, including wound infections, meningitis, respiratory and urinary tract infections, bacteremia, septicemia and septic shock. E. aerogenes infections are generally associated with antibiotic treatment, medical devices, long hospital stays and immunosuppression. Although strain ATCC 13048 is susceptible to many antibiotics, E. aerogenes as a species is well known for its ability to develop resistance to antibiotics of various classes that are of very high importance to human medicine. Development of resistance in strain ATCC 13048 could compromise the effectiveness of treatments for infection with this strain.
This assessment considers the aforementioned characteristics of E. aerogenes strain ATCC 13048 with respect to environmental and human health effects associated with consumer and commercial product use and industrial processes subject to CEPA, including releases to the environment through waste streams and incidental human exposure through environmental media. To update information about current uses, the Government launched a mandatory information-gathering survey under section 71 of CEPA, as published in the Canada Gazette, Part I, on October 3, 2009. Information submitted in response to the section 71 notice indicates that E. aerogenes strain ATCC 13048 was not imported into or manufactured in Canada in 2008, except in limited quantities for research and development as well as teaching activities.
Based on the information available, it is concluded that E. aerogenes strain ATCC 13048 does not meet the criteria under paragraph 64(a) or (b) of CEPA as it is not entering 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 or that constitute or may constitute a danger to the environment on which life depends.
It is concluded that E. aerogenes strain ATCC 13048 does not meet the criteria under paragraph 64(c) of CEPA as it is 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.
Conclusion
It is concluded that E. aerogenes strain ATCC 13048 does not meet any of the criteria set out under section 64 of CEPA.
The screening assessment for this living organism is available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Proposed guideline for Canadian drinking water quality for copper
Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline for Canadian drinking water quality for copper. The proposed technical document for this guideline is available from March 23, 2018, to May 25, 2018, on the Consulting with Canadians website (www.consultingcanadians.gc.ca). Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments must be sent to the Secretariat of the Federal-Provincial-Territorial Committee on Drinking Water, either by email at water_eau@hc-sc.gc.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, A.L. 4903D, Ottawa, Ontario K1A 0K9.
March 23, 2018
David Morin
Director General
Safe Environments Directorate
On behalf of the Minister of Health
ANNEX
Proposed guideline
A maximum acceptable concentration (MAC) of 2 mg/L (2 000 µg/L) is proposed for total copper in drinking water, based on a sample of water taken at the tap. An aesthetic objective (AO) of 1 mg/L (1 000 µg/L) is also proposed for total copper in drinking water.
Executive summary
Copper is present in tap water principally as a result of leaching from copper-containing components of distribution and plumbing systems. Copper has been, and continues to be, broadly used in drinking water applications, including in household pipes and in fittings.
This guideline technical document reviews and assesses all identified health risks associated with copper in drinking water. It assesses new studies and approaches and takes into consideration the availability of appropriate treatment technology in order to propose a maximum acceptable concentration that is protective of human health, measurable and achievable by both municipal and residential scale treatment technologies. Based on this review, the proposed guidelines for copper in drinking water are a maximum acceptable concentration of 2 mg/L (2 000 µg/L) and an aesthetic objective of 1 mg/L (1 000 µg/L).
Health effects
Copper is an essential element for humans. Copper deficiency may cause several health effects, but is not expected to be a concern in Canada, based on copper intake from food. The U.S. National Academy of Medicine (formerly called the Institute of Medicine) has established recommended daily allowances of 900 µg/day for adults and 340–890 µg/day for children, as well as tolerable upper intake levels of 10 000 µg/day for adults, and between 1 000 and 8 000 µg/day for children.
International agencies have determined that the data available on copper are not sufficient to classify it with respect to carcinogenicity. Short-term exposure to copper may result in effects in the gastrointestinal tract (nausea, pain and vomiting, diarrhea). Long-term effects are less well documented; current evidence indicates that, in the general population, chronic exposure to very high levels of copper may lead to effects in the liver and kidney. The proposed MAC was developed based on bottle-fed infants (aged zero to six months) and is considered to be protective of all health effects, both short-term and longer-term.
Aesthetic considerations
The presence of copper can affect the taste of the water and cause the staining of laundry and plumbing fixtures at levels below the proposed MAC. Although there are no adverse effects associated with such levels, they will affect the acceptability of the water by consumers. Although the proposed AO for copper in drinking water is 1 mg/L (1 000 µg/L), some individuals can readily perceive copper at levels below the AO. Nevertheless, corrosion control practices should target the MAC and not the elimination of aesthetic concerns, as this could jeopardize other water quality priorities such as lead control. Utilities may choose to use the AO to trigger a site-specific or localized water quality/corrosion investigation.
Exposure
Copper occurs naturally in the Earth's crust, either in mineral deposits or, less frequently, as a metal. Copper can enter water sources from natural processes, such as soil weathering, and human activities, such as agriculture, mining and manufacturing. The National Plumbing Code of Canada considers copper to be an acceptable material for service lines and plumbing systems. Consequently, copper in drinking water can also result from the corrosion of copper-containing pipes and fittings in distribution and plumbing systems, depending on the chemistry of the water.
Canadians can be exposed to copper through food, drinking water, air, soil and consumer products. Although the most significant source of copper intake for the general population is food, the bioavailability of copper in drinking water may be greater than that in food. Based on the physical and chemical properties of copper, inhalation and dermal absorption of copper are not expected from exposure to drinking water.
Analysis and treatment
The establishment of a drinking water guideline must take into consideration the ability to measure the contaminant. There are several methods available for the analysis of total copper in drinking water. Based on the capacity of commercial laboratories in Canada, analytical methods are available to reliably measure total copper in drinking water below the proposed MAC. These methods should include sample preparation to ensure that they are able to detect both dissolved and particulate copper.
Copper levels in source water are typically very low. Although there are treatment technologies that can remove copper efficiently at the treatment plant, municipal treatment is not generally an effective strategy. This is because copper is an acceptable material for service lines and plumbing systems. However, in certain water qualities, copper may be released into drinking water from pipes, service lines and brass fittings. The treatment approach for copper is generally focused on corrosion control through approaches such as water quality adjustments and the use of corrosion inhibitors.
As the primary source of copper in drinking water is the leaching from plumbing and distribution system components, drinking water treatment devices offer an effective option at the residential level, although their use should not be considered to be a permanent solution. There are a number of certified residential treatment devices available that can remove copper from drinking water to below the proposed MAC.
International considerations
Other organizations have set guidelines or regulations pertaining to the concentration of copper in drinking water. The World Health Organization has established a provisional health-based guideline value of 2 mg/L for copper in drinking water, whereas the United States Environmental Protection Agency has established a slightly lower standard of 1.3 mg/L, and a secondary standard, based on aesthetic considerations, of 1 mg/L. The Australian Drinking Water Guidelines have also set two levels for copper: 1 mg/L for aesthetics to prevent taste and staining problems, and 2 mg/L to prevent health issues. The European Union has a standard of 2 mg/L for copper in drinking water.
DEPARTMENT OF HEALTH
FOOD AND DRUGS ACT
Notice of intent to amend the Food and Drug Regulations to restrict the amount of alcohol in single-serve highly sweetened alcoholic beverages
Notice is hereby given that Health Canada intends to amend the Food and Drug Regulations (the Regulations) to restrict the amount of alcohol contained in highly sweetened alcoholic beverages sold in a single-serve (i.e. non-resealable) container. This notice is meant to seek input on this proposal.
Background
Alcohol regulation in Canada is a shared responsibility between federal, provincial and territorial governments. Health Canada regulates alcohol as a food under the Food and Drugs Act. Alcohol is subject to requirements specific to ingredients, methods of manufacturing, and labelling (e.g. amount of alcohol, common name).
There is a category of highly sweetened beverages that are high in alcohol, sold in single-serve containers, and marketed in a manner that could be appealing to young people. Some of these products contain as much alcohol as four glasses of wine.
Addressing public health risks associated with these types of beverages requires a combination of measures at the federal, provincial and territorial levels. The Government of Quebec has announced proposed legislative changes to ban the sale of mixed malt-based beverages with more than 7% alcohol from private stores (e.g. convenience stores, grocery stores), along with a review of advertising measures to protect minors.
Proposal
Health Canada proposes to amend the Regulations to restrict the amount of alcohol in a single-serve (i.e. non-resealable) container of these highly sweetened alcoholic beverages to reduce the health and safety risks of these types of products. This proposal would affect alcoholic beverages sold in single-serve containers that exceed a certain sweetness threshold (including those that contain artificial sweeteners).
Health Canada is consulting on
- the mechanism by which to restrict the amount of alcohol (this could be achieved by limiting the maximum size of the container or by limiting the percentage of alcohol in a single-serve container); and
- the sweetness threshold that would trigger the restrictions.
This proposal is not intended to capture liqueurs, dessert wines, and other sweet alcoholic beverages sold in resealable containers.
Next steps
The Government of Canada will take into consideration all comments received during the public comment period when developing the proposal to amend the Regulations. Pending the feedback received, Health Canada plans to introduce proposed regulations in the Canada Gazette in the fall of 2018.
In the meantime, Health Canada is calling on industry stakeholders to come forward with measures to reduce the risk of these products. Health Canada will also take a leadership role and convene a meeting with provinces and territories and key stakeholders to discuss collective measures, including advertising, marketing, and labelling to reduce the risks of these products.
Comments
Interested parties may, within 45 days of the publication of this notice, provide their comments on this notice of intent, in writing, to the Office of Legislative and Regulatory Modernization, Policy, Planning and International Affairs Directorate, Health Products and Food Branch, Department of Health, Holland Cross, Suite 14, 11 Holland Avenue, Ottawa, Ontario K1A 0K9. Comments can also be sent by email to hc.lrm.consultations-mlr.sc@canada.ca.
DEPARTMENT OF TRANSPORT
CANADA MARINE ACT
Sept-Îles Port Authority — Supplementary letters patent
BY THE MINISTER OF TRANSPORT
WHEREAS letters patent were issued by the Minister of Transport ("Minister"
) for the Sept-Îles Port Authority ("Authority"
) under the authority of the Canada Marine Act ("Act"
), effective May 1, 1999;
WHEREAS Schedule B of the letters patent sets out the federal real property managed by the Authority;
WHEREAS an error in the description of one of the federal real property listed in Schedule B has been identified by Geneviève Michaud, land surveyor, in her survey report officially tabled June 20, 2017, under number 3130 of her minutes;
WHEREAS, pursuant to subsection 9(1) of the Act, the Minister wishes to issue, on his own initiative, supplementary letters patent to the Authority to amend Schedule B of the letters patent to replace the incorrect description of the said federal real property with the correct description;
WHEREAS, pursuant to subsection 9(2) of the Act, notice of the proposed change to the letters patent was given, in writing, to the board of directors of the Authority who indicated, in writing, that they support the issuance of the supplementary letters patent;
AND WHEREAS the Minister is satisfied that the amendment to the letters patent is consistent with the Act,
NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent are amended as follows:
- 1. Schedule B of the letters patent is amended by deleting the following:
- A plot known and described as Lot Seventeen-One (171) (beach and deep-water lot) of the cadastre of the Township of Arnaud, Registration Division of Sept-Îles, municipality of the City of Sept-Îles, Province of Québec.
- 2. Schedule B of the letters patent is amended by adding the following after
"1. Marconi Peninsula Section"
:- An immovable known and designated as being lot 17-1 of bloc 17, cadastre of the township of Arnaud, registration division of Sept-Îles, city of Sept-Îles. Following the cadastral reform, this immovable is now officially known and designated as being lot 3 708 370 of the cadastre of Quebec.
- 3. These supplementary letters patent take effect on the date of issuance.
ISSUED this 1st day of March, 2018.
The Honourable Marc Garneau, P.C., M.P.
Minister of Transport
DEPARTMENT OF TRANSPORT
CANADA TRANSPORTATION ACT
Levy on shipments of crude oil by rail
Pursuant to subsection 155.4(4)footnote 1* of the Canada Transportation Act (the Act), the amount of the levy in respect of payments into the Fund for Railway Accidents Involving Designated Goods required by subsection 155.7(1)footnote 2* of the Act is $1.72 per tonne during the year commencing April 1, 2018.
February 16, 2018
Marc Garneau, P.C., M.P.
Minister of Transport
INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA
TELECOMMUNICATIONS ACT
Notice No. SMSE-005-18 — Release of Decisions on New Requirements for Wireless Device Testing Laboratories and corresponding documents
Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) has published the following documents:
- Decisions on New Requirements for Wireless Device Testing Laboratories
- REC-AB, issue 1, Procedure for the Recognition of Accreditation Bodies for Non-MRA Countries
- CB-02, issue 8, Recognition Criteria and Administrative and Operational Requirements Applicable to Certification Bodies (CBs) for the Certification of Radio Apparatus
- Testing Laboratory Technical Assessment Checklist
- REC-LAB, issue 6, Procedure for the Recognition of Foreign Testing Laboratories
- DES-LAB, issue 7, Procedure for Designation and Recognition of Canadian Testing Laboratories
- RSS-GEN, issue 4, amendment 1, General Requirements for Compliance of Radio Apparatus
These documents will come into force upon publication on the official publications page of the Spectrum Management and Telecommunications website.
General information
The Procedures for Conformity Assessment Bodies lists will be amended accordingly.
Submitting comments
Interested parties are requested to provide their comments online within 90 days of the date of publication of this notice using the General Inquiry form. Comments and suggestions for improving the procedures may be submitted online using the Standard Change Request form.
Obtaining copies
Copies of this notice and of documents referred to herein are available electronically on the Spectrum Management and Telecommunications website.
Official versions of notices can be viewed on the Canada Gazette website.
March 15, 2018
Martin Proulx
Director General
Engineering, Planning and Standards Branch
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 has implemented 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 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 | Canada Infrastructure Bank | |
| 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 | |
| Chairperson | Civilian Review and Complaints Commission for the Royal Canadian Mounted Police | |
| Commissioner of Corrections | Correctional Service Canada | |
| 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 | |
| Director (Federal Representative) | Quebec Port Authority | April 17, 2018 |
| Chairperson | Social Security Tribunal of Canada | |
| Vice-Chair and Members | Standards Council of Canada | March 26, 2018 |
| Executive Director | Telefilm Canada | |
| Chief Executive Officer | Windsor-Detroit Bridge Authority |
Ongoing opportunities
| Position | Organization | Closing date |
|---|---|---|
| Full-time and Part-time Members | Immigration and Refugee Board | June 29, 2018 |
| Members | Parole Board of Canada |
Upcoming opportunities
| Position | Organization |
|---|---|
| Sergeant-at-Arms | House of Commons |
| Commissioners | International Joint Commission |
BANK OF CANADA
| ASSETS | Amount | Total |
|---|---|---|
| Cash and foreign deposits | 16.3 | |
| Loans and receivables | ||
| Securities purchased under resale agreements | 8,307.0 | |
| Advances | — | |
| Other receivables | 4.8 | |
| 8,311.8 | ||
| Investments | ||
| Treasury bills of Canada | 19,417.2 | |
| Government of Canada bonds | 81,646.5 | |
| Other investments | 420.0 | |
| 101,483.7 | ||
| Property and equipment | 566.1 | |
| Intangible assets | 40.3 | |
| Other assets | 138.7 | |
| Total assets | 110,556.9 | |
| LIABILITIES AND EQUITY | Amount | Total |
|---|---|---|
| Bank notes in circulation | 81,983.6 | |
| Deposits | ||
| Government of Canada | 23,613.8 | |
| Members of Payments Canada | 500.1 | |
| Other deposits | 3,266.9 | |
| 27,380.8 | ||
| Securities sold under repurchase agreements | — | |
| Other liabilities | 680.5 | |
| 110,044.9 | ||
| Equity | ||
| Share capital | 5.0 | |
| Statutory and special reserves | 125.0 | |
| Investment revaluation reservefootnote 3* | 382.0 | |
| 512.0 | ||
| Total Liabilities and Equity | 110,556.9 | |
I declare that the foregoing statement is correct according to the books of the Bank.
Ottawa, March 15, 2018
Carmen Vierula
Chief Financial Officer and Chief Accountant
I declare that the foregoing statement is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.
Ottawa, March 15, 2018
Stephen S. Poloz
Governor