Canada Gazette, Part I, Volume 152, Number 25: GOVERNMENT NOTICES
June 23, 2018
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2018-87-03-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsections 87(5) of the Canadian Environmental Protection Act, 1999footnotea, the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances Listfootnoteb;
Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999footnotea, makes the annexed Order 2018-87-03-02 Amending the Non-domestic Substances List.
Gatineau, June 12, 2018
Catherine McKenna
Minister of the Environment
Order 2018-87-03-02 Amending the Non-domestic Substances List
Amendment
1 Part I of the Non-domestic Substances Listfootnote1 is amended by deleting the following:
- 58890-25-8
- 68133-18-6
- 70833-40-8
- 120968-16-3
- 896465-69-3
Coming into Force
2 This Order comes into force on the day on which Order 2018-87-03-01 Amending the Domestic Substances List comes into force.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2018-87-04-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999footnotec, the Minister of the Environment has added the substances referred to in the annexed Order to the Non-domestic Substances Listfootnoted;
Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999footnotec, makes the annexed Order 2018-87-04-02 Amending the Non-domestic Substances List.
Gatineau, June 12, 2018
Catherine McKenna
Minister of the Environment
Order 2018-87-04-02 Amending the Non-domestic Substances List
Amendment
1 Part I of the Non-domestic Substances Listfootnote1 is amended by deleting the following:
- 3007-53-2
- 3015-65-4
Coming into Force
2 This Order comes into force on the day on which Order 2018-87-04-01 Amending the Domestic Substances List comes into force.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Significant New Activity Notice No. 19477
Significant New Activity Notice
(Section 85 of the Canadian Environmental Protection Act, 1999)
Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance nickel, [1,3-dihydro-5,6-bis[[(2-hydroxy-1-naphthalenyl)methylene]amino]-2H-benzimidazol-2-onato(2-)-N5,N6,O5,O6]-, (SP-4-2)-, Chemical Abstracts Service Registry No. 42844-93-9, under section 83 of the Canadian Environmental Protection Act, 1999;
Whereas the substance is not specified on the Domestic Substances List;
And whereas the ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of the Act,
Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that act applies with respect to the substance in accordance with the Annex.
The Honourable Catherine McKenna
Minister of the Environment
ANNEX
Information requirements
(Section 85 of the Canadian Environmental Protection Act, 1999)
1. The following definition applies in this notice:
"substance" means nickel, [1,3-dihydro-5,6-bis[[(2-hydroxy-1-naphthalenyl)methylene]amino]-2H-benzimidazol-2-onato(2-)-N5,N6,O5,O6]-, (SP-4-2)-, Chemical Abstracts Service Registry No. 42844-93-9.
2. In relation to the substance, a significant new activity is the use of the substance in a quantity greater than 10 kg in a calendar year in the manufacture of the following products when the substance is present in a concentration that is greater than or equal to 0.1% by weight:
- (a) a consumer product to which the Canada Consumer Product Safety Act applies that is intended to be sprayed; or
- (b) a cosmetic within the meaning of section 2 of the Food and Drugs Act that is intended to be sprayed.
3. Despite section 2, a use of the substance is not a significant new activity if the substance is used:
- (a) as a research and development substance or as a site-limited intermediate substance as those terms are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
- (b) to manufacture a consumer product or cosmetic referred to in this section and intended only for export.
4. For each proposed significant new activity described in section 2, the following information must be provided to the Minister of the Environment at least 90 days before the day on which the activity begins:
- (a) the information specified in paragraphs 7(c) and (d) of Schedule 4 to the Regulations;
- (b) the information specified in paragraphs 8(f) and (g), and item 9 of Schedule 5 to the Regulations;
- (c) the anticipated annual quantity of the substance used in the manufacture of the consumer product or cosmetic;
- (d) a description of the consumer product or cosmetic that contains the substance and the intended use of that consumer product or cosmetic;
- (e) the function of the substance in the consumer product or cosmetic;
- (f) the quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person who proposes the significant new activity;
- (g) the test data and a test report from a repeated-dose inhalation study in respect of the substance that is conducted in accordance with the methodology described in Organisation for Economic Co-operation and Development (OECD) guideline entitled Test No. 412: Subacute Inhalation Toxicity: 28-Day Study that is current at the time the study is conducted. This test shall include a satellite (reversibility) evaluation performed for all tissues and organs, as well as bronchoalveolar (BAL) fluid analysis;
- (h) the size (length, width and thickness) of the primary and secondary particles and their size distribution of the substance;
- (i) the agglomeration and aggregation state, shape, surface area and surface charge of the primary and secondary particles of the substance;
- (j) the information referred to in paragraphs (h) and (i) to be obtained in accordance with OECD Series on the Safety of Manufactured Nanomaterials, No. 41: Report of the OECD Expert Meeting on the Physical Chemical Properties of Manufactured Nanomaterials and Test Guidelines;
- (k) the same substance sample characterized in the studies referred to in paragraphs (h) and (i) to be used to conduct the study referred to in paragraph (g);
- (l) the test data and the test report referred to in paragraph (g) to be conducted in accordance with:
- (i) the practices described in the OECD Principles of Good Laboratory Practice set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, by the OECD using the Principles of Good Laboratory Practice that are current at the time the test is conducted,
- (ii) Guidance on Sample Preparation and Dosimetry for the Safety Testing of Manufactured Nanomaterials (OECD Series on the Safety of Manufactured Nanomaterials, No. 36); and
- (m) the identification of every other government agency, either outside or within Canada, that the person proposing the significant new activity has notified the use of the substance and, if known, the agency's file number, the outcome of the assessment and, if any, the risk management actions in relation to the substance imposed by this agency.
5. The information provided under section 4 will be assessed within 90 days after the day on which it is received by the Minister of the Environment.
Transitional provisions
6. Despite section 2, in relation to the substance in the period between the date of publication of the present notice and June 23, 2019, a significant new activity is the use of the substance in a quantity greater than or equal to 50 000 kg in a calendar year in the manufacture of the following products when the substance is present in a concentration that is greater than or equal to 0.1% by weight:
- (a) a consumer product to which the Canada Consumer Product Safety Act applies that is intended to be sprayed; or
- (b) a cosmetic within the meaning of section 2 of the Food and Drugs Act that is intended to be sprayed.
7. For greater certainty, in respect of calendar year 2019, the quantity of substance and concentration that are used before June 23 of that calendar year are not considered for the purposes of section 2.
EXPLANATORY NOTE
(This explanatory note is not part of the Significant New Activity Notice.)
Description
This Significant New Activity Notice is a legal instrument adopted by the Minister of the Environment (the Minister) pursuant to section 85 of the Canadian Environmental Protection Act, 1999 (the Act) to apply the Significant New Activity (SNAc) provisions of that Act to nickel, [1,3-dihydro-5,6-bis[[(2-hydroxy-1-naphthalenyl)methylene]amino]-2H-benzimidazol-2onato(2-)-N5,N6,O5,O6]-, (SP-4-2)-, Chemical Abstracts Service Registry No. 42844-93-9. The Notice is now in force. It is therefore mandatory to meet all the requirements of the Notice should a person intend to use the substance for a significant new activity as defined in the Notice.footnote2
A Significant New Activity Notice does not constitute an endorsement from the Department of the Environment or the Government of Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.
Applicability of the Significant New Activity Notice
The Notice requires that any person (individual or corporation) engaging in a significant new activity in relation to nickel, [1,3-dihydro-5,6-bis[[(2-hydroxy-1-naphthalenyl)methylene]amino]-2H-benzimidazol-2-onato(2-)-N5,N6,O5,O6]-, (SP-4-2)-, Chemical Abstracts Service Registry No. 42844-93-9, submit a Significant New Activity notification (SNAN) containing all of the information prescribed in the Notice at least 90 days prior to using the substance for the significant new activity.
In order to address the human toxicity concerns, the Notice requires notification in relation to any use of the substance in a quantity of more than 10 kg in any one calendar year to manufacture consumer products intended for spray applications when the concentration of the substance is greater than or equal to 0.1% by weight in the product matrix. For example, notification is required if a person plans to use the substance to manufacture spray paints for consumers where there is more than 10 kg of the substance involved in a calendar year and concentration is greater than or equals 0.1% by weight. The Notice targets any use of the substance to manufacture consumer products intended for spray applications to which the Canada Consumer Product Safety Act (CCPSA) applies, or in a cosmetic, as defined in the Food and Drugs Act. A SNAN is required 90 days before the use of the substance in a SNAc.
Activities not subject to the Notice
The following activities are not significant new activities:
Uses of the substance that are regulated under the Acts of Parliament listed in Schedule 2 of the Act, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act, are excluded from the Notice. The Notice also does not apply to transient reaction intermediates, impurities, contaminants, partially unreacted materials, or in some circumstances to items such as, but not limited to, wastes, mixtures, or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the SNAc provisions of the Act. See subsection 81(6) and section 3 of the Act, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.
Activities involving the use of the substance as a research and development substance, as a site-limited intermediate or to manufacture an export-only product are excluded from the Notice. The terms "research and development substance" and "site-limited intermediate substance" are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers).
Information to be submitted
The Notice sets out the information that must be provided to the Minister 90 days before the day on which the substance nickel, [1,3-dihydro-5,6-bis[[(2-hydroxy-1-naphthalenyl)methylene]amino]-2H-benzimidazol-2-onato(2-)-N5,N6,O5,O6]-, (SP-4-2)-, Chemical Abstracts Service Registry No. 42844-93-9, is used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct human health and environmental risk assessments within 90 days after the complete information is received.
The earlier assessment of the substance identified potential concerns associated with uses of the nickel-containing substance in consumer products intended for spray applications. Nickel is a known human carcinogen. The Significant New Activity Notice is issued to gather toxicity information in the event that the substance is used in a consumer products intended for spray application to ensure that the substance will undergo further assessment before significant new activities are undertaken.
The information requirements in the Notice relate to general information in respect of the substance, details surrounding its use, exposure information, and toxicity to human health. Some of the information requirements reference the New Substances Notification Regulations (Chemicals and Polymers).
Additional guidance on preparing a SNAN can be found in section 1.3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.
Transitional provision
A transitional provision is included in the Notice to facilitate compliance by persons who may already have imported or manufactured more than 10 kg of the substance and started activities to manufacture products with it in concentrations that are greater than or equal to 0.1% by weight in the product matrix. The Notice comes into force immediately. However, a threshold of more than or equal to 50 000 kg per calendar year and a concentration equal to or greater than 0.1% by weight apply for the period between the publication of the Notice and June 23, 2019. On June 24, 2019, the threshold for this significant new activity will be lowered to 10 kg per calendar year and the concentration will remain greater than or equal to 0.1% by weight.
Compliance
When assessing whether or not a substance is subject to SNAc provisions,footnote3 a person is expected to make use of information in their possession or to which they may reasonably have access. This means information in any of the notifier's offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information and the relevant Safety Data Sheets (SDSs).footnote4
Although an SDS is an important source of information on the composition of a product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to a SNAc notice due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.
If any information becomes available that reasonably supports the conclusion that the substance nickel, [1,3-dihydro-5,6-bis[[(2-hydroxy-1-naphthalenyl)methylene]amino]2H-benzimidazol-2-onato(2-)-N5,N6,O5,O6]-, (SP-4-2)-, Chemical Abstracts Service Registry No. 42844-93-9 is toxic or capable of becoming toxic, the person who is in possession of the information and is involved in activities with the substance is obligated, under section 70 of the Act, to provide that information to the Minister without delay.
A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession or control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN submitted by the person from whom they obtained the substance. The Substances Management Advisory Note Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999 provides more detail on this subject.
Under section 86 of the Act, any person who transfers the physical possession or control of a substance subject to a SNAc notice must notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Notice, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.
A pre-notification consultation (PNC) is recommended for notifiers who wish to consult with the program during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.
Where a person has questions concerning their obligations to comply with a notice, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances with the program by contacting the Substances Management Information Line.footnote5
The Act is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, potential harm, intent, and history of compliance.
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 (4908-B), Ottawa, Ontario K1A 0K9.
Christine Brown
Acting 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 | DETACK EC9451D | C.i. of one ingredient | 12105 |
| Schlumberger Canada Limited | PIPE-LAX* ENV | C.i. and C. of two ingredients C. of one ingredient | 12106 |
| Nalco Canada ULC | DETACK EC9440D | C.i. and C. of one ingredient | 12107 |
| Suez Water Technologies & Solutions Canada | Inhibitor VCS2000 | C.i. and C. of three ingredients | 12108 |
| Trican Well Service Ltd. | SS-5 | C.i. and C. of two ingredients | 12109 |
| Hexion Inc. | EPIKURE ™ Curing Agent 3388 | C.i. and C. of one ingredient C. of two ingredients | 12110 |
| Suez Water Technologies & Solutions Canada | Petroflo 20Y3450 | C.i. and C. of two ingredients | 12111 |
| Ingevity Corporation | EVOTHERM M14 | C.i. and C. of two ingredients | 12112 |
| AOC, LLC | L040-TNVG-LV | C.i. and C. of one ingredient | 12113 |
| Dow Chemical Canada ULC | DOW™ IC-210 GAS CONDITIONING CHELANT | C.i. and C. of three ingredients C. of one ingredient | 12114 |
| ChemTreat Inc. | ChemTreat FL5478ZC | C.i. and C. of six ingredients | 12115 |
| ChemTreat Inc. | ChemTreat PT5815 | C.i. and C. of three ingredients | 12116 |
| Hexion Inc. | EPOSIL ™ Resin 5550 | C.i. and C. of one ingredient | 12117 |
| King Industries Inc | K-KAT® XK-635 | C.i. and C. of two ingredients | 12118 |
| Nalco Canada ULC | Collect-Ore C220 | C.i. of two ingredients | 12119 |
| AOC, LLC | XR-4968 | C.i. and C. of one ingredient | 12120 |
| Suez Water Technologies & Solutions Canada | THERMOFLO 7051 | C.i. and C. of three ingredients | 12121 |
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS
BANK ACT
Haventree Bank — Letters patent of continuance and order to commence and carry on business
Notice is hereby given of the issuance,
- pursuant to section 35 of the Bank Act, of letters patent continuing Equity Financial Trust Company as a bank under the Bank Act under the name, in English, Haventree Bank, and, in French, Banque Haventree, effective June 11, 2018; and
- pursuant to subsection 48(3) of the Bank Act, of an order authorizing, in English, Haventree Bank, and, in French, Banque Haventree, to commence and carry on business, effective June 11, 2018.
May 31, 2018
Jeremy Rudin
Superintendent of Financial Institutions
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 Deposit Insurance Corporation | |
| Chairperson | Canada Lands Company Limited | |
| President and Chief Executive Officer | Canada Post Corporation | |
| Vice-Chairperson | Canadian Human Rights Tribunal | June 27, 2018 |
| Chairperson | Canadian Race Relations Foundation | |
| Chairperson | Civilian Review and Complaints Commission for the Royal Canadian Mounted Police | |
| Commissioner of Corrections | Correctional Service Canada | |
| Director | CPP Investment Board | |
| Commissioner | Financial Consumer Agency of Canada | |
| Member (Sask., Man., and Alta.) | Historic Sites and Monuments Board of Canada | July 19, 2018 |
| Members (appointment to roster) | International Trade and International Investment Dispute Settlement Bodies | |
| Parliamentary Librarian | Library of Parliament | |
| Director | National Gallery of Canada | |
| President | National Research Council of Canada | |
| Canadian Ombudsperson for Responsible Enterprise | Office of the Canadian Ombudsperson for Responsible Enterprise |
|
| Commissioner of Competition | Office of the Commissioner of Competition | |
| Parliamentary Budget Officer | Office of the Parliamentary Budget Officer | |
| Superintendent | Office of the Superintendent of Bankruptcy Canada | |
| Veterans' Ombudsman | Office of the Veterans' Ombudsman | |
| Members (April to June 2018 cohort) | Parole Boardv of Canada | June 29, 2018 |
| Chairperson | Social Security Tribunal of Canada | |
| Chief Statistician of Canada | Statistics Canada | |
| Executive Director | Telefilm Canada | |
| Chief Executive Officer | Windsor-Detroit Bridge Authority |
Continuous intake
| Position | Organization | Closing date |
|---|---|---|
| Full-time and Part-time Members | Immigration and Refugee Board | June 29, 2018 |
Upcoming opportunities
| Position | Organization |
|---|---|
| Commissioners | International Joint Commission |