Canada Gazette, Part I, Volume 153, Number 25: GOVERNMENT NOTICES

June 22, 2019

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 19799

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information in their possession in respect of the substance 2-propenoic acid, 2-methyl-, eicosyl ester, polymer with hexadecyl 2-methyl-2-propenoate, isooctyl 2-propenoate, octadecyl 2-methyl-2-propenoate and 2-propenoic acid, Chemical Abstracts Service Registry No. 133167-76-7, 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 section 64 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)

Transitional provisions

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

Description

This Significant New Activity (SNAc) Notice is a legal instrument adopted by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999 (the Act) to apply the SNAc provisions of that Act to 2-propenoic acid, 2-methyl-, eicosyl ester, polymer with hexadecyl 2-methyl-2-propenoate, isooctyl 2-propenoate, octadecyl 2-methyl-2-propenoate and 2-propenoic acid, Chemical Abstracts Service Registry No. 133167-76-7. 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.

A SNAc 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 to 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 2-propenoic acid, 2-methyl-, eicosyl ester, polymer with hexadecyl 2-methyl-2-propenoate, isooctyl 2-propenoate, octadecyl 2-methyl-2-propenoate and 2-propenoic acid, Chemical Abstracts Service Registry No. 133167-76-7, 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 human toxicity concerns, the Notice requires notification in relation to the use of the substance in the manufacture of consumer products or cosmetics intended for applications that generate airborne particles of equal to or less than 10 micrometres when the concentration of the substance is equal to or greater than 1% by weight. A notification is also required in relation to the distribution for sale of these finished products. For example, notification is required if a person plans to manufacture or distribute an aerosol cosmetic product containing the substance that generates respirable airborne particles of equal to or less than 10 micrometres, and the concentration of the substance is equal to or greater than 1% by weight.

A SNAN is required 90 days before the use of the substance in a SNAc.

Activities not subject to the Significant New Activity 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 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 or a site-limited intermediate or 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 2-propenoic acid, 2-methyl-, eicosyl ester, polymer with hexadecyl 2-methyl-2-propenoate, isooctyl 2-propenoate, octadecyl 2-methyl-2-propenoate and 2-propenoic acid, Chemical Abstracts Service Registry No. 133167-76-7, 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 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 substance in consumer spray applications that generate respirable airborne particles of equal to or less than 10 micrometres. This anionic acrylic copolymer substance, composed of water-insoluble molecules and high molecular weight, can potentially cause pulmonary complications if inhaled. The SNAc Notice is issued to gather toxicity information in the event that the substance is used in a consumer spray application that generates airborne particles of equal to or less than 10 micrometres to ensure that the substance will undergo further assessment before significant new activity is 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 the substance up to 1 000 kg and started activities for the manufacture or the distribution for the sale of the products with the substance. The Notice comes into force immediately. However, if the substance is used to manufacture or distribute for sale consumer products to which the Canada Consumer Product Safety Act (CCPSA) applies, or in cosmetics as defined in the Food and Drugs Act (FDA), which releases or sprays the substance in airborne particles of equal to or less than 10 micrometres in size, a threshold of more than or equal to 1 000 kg per calendar year applies and a concentration equal to or greater than 1% by weight applies for the period between the publication of the Notice and June 22, 2020. On June 23, 2020, the threshold will be lowered to 0 kg per calendar year when the substance is used to manufacture consumer or cosmetic products that release or sprays the substance in airborne particles of equal to or less than 10 micrometres in size, and the concentration will remain equal to or greater than 1% by weight. On June 23, 2020, the threshold will be lowered to 10 kg per calendar year when consumer or cosmetic products, which release or spray the substance in airborne particles of equal to or less than 10 micrometres in size, are intended for distribution for sale, and the concentration will remain equal to or greater than 1% by weight.

Compliance

When assessing whether or not a substance is subject to SNAc provisions, 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).

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 2-propenoic acid, 2-methyl-, eicosyl ester, polymer with hexadecyl 2-methyl-2-propenoate, isooctyl 2-propenoate, octadecyl 2-methyl-2-propenoate and 2-propenoic acid, Chemical Abstracts Service Registry No. 133167-76-7, is toxic or capable of becoming toxic, the person who is in possession of or who has knowledge 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 [eccc.substances.eccc@canada.ca (email), 1-800‑567‑1999 (toll-free in Canada), and 819‑938‑3232 (outside of Canada)].

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 THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of a substance — acetonitrile, CAS RN footnote 1 75-05-8 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas acetonitrile is a substance identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on acetonitrile pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that the substance 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 (the ministers) propose to take no further action on this substance 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 acetonitrile

Pursuant to section 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 one of six substances originally referred to collectively under the Chemicals Management Plan as the Nitriles Group. The substance in question, acetonitrile (Chemical Abstracts Service Registry Number [CAS RN] 75-05-8) was identified as a priority for assessment as it met the categorization criteria under subsection 73(1) of CEPA. The other five substances were determined to be of low concern through another approach, and the decisions for these substances are provided in a separate report. footnote 2

Acetonitrile was included in a survey issued pursuant to a CEPA section 71 notice. There were no reports of manufacture of acetonitrile above the reporting threshold of 100 kg during the 2011 calendar year in Canada. Acetonitrile was reported as being imported into Canada during the 2011 calendar year with a total volume in the range of 10 000 kg to 100 000 kg for use in laboratories.

Acetonitrile was measured in ambient and indoor air in Canada, as part of a series of residential air quality studies (2005–2010). Acetonitrile occurs naturally (for example in coal tar, volcanic gas, and the combustion products of wood and other biomass) and is also present in tobacco smoke.

The ecological risk of acetonitrile was characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining the risk classification. Hazard profiles are based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances based on their hazard and exposure profiles. Based on the outcome of the ERC analysis, acetonitrile is considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from acetonitrile. It is proposed to conclude that acetonitrile 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.

Acetonitrile has been reviewed internationally through the Organisation for Economic Co-operation and Development Cooperative Chemicals Assessment Programme, where it was determined that acetonitrile is not considered to be mutagenic or carcinogenic, nor a reproductive toxicant. The critical effect was based on haematological effects observed in mice following chronic repeat dose inhalation exposure.

The general population of Canada may be exposed to acetonitrile from environmental media. A comparison of estimated exposure to acetonitrile from environmental media and critical effect levels results in margins of exposure that are considered adequate to address 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 acetonitrile 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.

Proposed conclusion

It is proposed to conclude that acetonitrile does not meet any of the criteria set out in section 64 of CEPA.

The draft screening assessment for this substance is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of four substances in the Alkyl Imidazolines Group specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas three substances in the Alkyl Imidazolines Group 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 tall oil, diethylenetriamine imidazoline pursuant to paragraphs 68(b) and (c) of the Act and on the remaining three 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 at this time under section 77 of the Act for the three substances identified under subsection 73(1) of the Act.

Notice is further given that the ministers propose to take no further action on tall oil, diethylenetriamine imidazoline at this time.

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. 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 Alkyl Imidazolines Group

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 four of eight substances referred to collectively under the Chemicals Management Plan as the Alkyl Imidazolines and Salts Group. These four substances were identified as priorities for assessment, as they met the categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns. The other four substances were either subsequently determined to be of low concern through other approaches, and decisions for these substances are provided in separate reports, footnote 3, footnote 4 or they will be part of a future screening assessment. footnote 5 The four substances addressed in this screening assessment will hereinafter be referred to as the Alkyl Imidazolines Group.

Substances in the Alkyl Imidazolines Group
CAS RN table a1 note a Domestic Substances List name Common name
95-38-5 1H-Imidazole-1-ethanol, 2-(8-heptadecenyl)-4,5-dihydro- N-b-hydroxyethyl oleyl imidazoline table a1 note b
27136-73-8 1H-Imidazole-1-ethanol, 2-(heptadecenyl)-4,5-dihydro- Oleyl hydroxyethyl imidazoline table a1 note b
68442-97-7 table a1 note c table a1 note d 1H-Imidazole-1-ethanamine, 4,5-dihydro-, 2-nortall-oil alkyl derivs. Tall oil, diethylenetriamine imidazoline
68966-38-1 1H-Imidazole-1-ethanol, 4,5-dihydro-2-isoheptadecyl- Isostearyl imidazoline

Table a1 notes

Table a1 note a

The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society, and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

Return to table a1 note a referrer

Table a1 note b

There is considerable overlap in the common names and synonyms assigned to the substances bearing CAS RNs 95-38-5 and 27136-73-8 in the public domain.

Return to table a1 note b referrer

Table a1 note c

The substance bearing this CAS RN is a UVCB (unknown or variable composition, complex reaction products, or biological material).

Return to table a1 note c referrer

Table a1 note d

This substance was not identified under subsection 73(1) of CEPA but was included in this assessment, as it was considered a priority on the basis of other human health concerns.

Return to table a1 note d referrer

None of the substances in the Alkyl Imidazolines Group occur naturally. According to information submitted pursuant to a survey under section 71 of CEPA, no manufacturing activities were reported above the reporting threshold of 100 kg for the substances in the Alkyl Imidazolines Group, and three of these substances were imported into Canada in total quantities ranging from 10 000 to 1 000 000 kg, in the 2011 reporting year. Isostearyl imidazoline had no importing activities reported above the reporting threshold of 100 kg in that same year. These substances may be used in various applications for consumer use in Canada, including do-it-yourself products and hair products. Industrial uses, such as components of certain lubricants and greases, in oil and natural gas extraction, and as raw material to blend into industrial products, were also identified in Canada.

The ecological risks of the substances in the Alkyl Imidazolines Group were characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances on the basis of their hazard and exposure profiles. Based on the outcome of the ERC analysis, substances in the Alkyl Imidazolines Group are considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from the substances in the Alkyl Imidazolines Group. It is proposed to conclude that N-b-hydroxyethyl oleyl imidazoline; oleyl hydroxyethyl imidazoline; tall oil, diethylenetriamine imidazoline; and isostearyl imidazoline do not meet the criteria under paragraph 64(a) or (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 its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

The predominant sources of exposure to the Canadian general population are paint removers, lubricants and rust blockers, and hair conditioners for N-b-hydroxyethyl oleyl imidazoline, oleyl hydroxyethyl imidazoline, and isostearyl imidazoline, respectively. There is also the potential for exposure through environmental media for N-b-hydroxyethyl oleyl imidazoline, oleyl hydroxyethyl imidazoline, and tall oil, diethylenetriamine imidazoline.

With respect to human health, the adverse effects observed in a laboratory study of N-b-hydroxyethyl oleyl imidazoline were point of contact effects, or secondary to such effects, via the oral route. Comparison of the no observed adverse effect level (NOAEL) to the estimated exposures for this substance for the Canadian general population resulted in margins of exposure that were considered adequate to address uncertainties in the exposure and health effects databases.

In the absence of substance-specific hazard information for oleyl hydroxyethyl imidazoline and isostearyl imidazoline, N-b-hydroxyethyl oleyl imidazoline was selected as the analogue for these two substances based on the similarity of their chemical structures and physical and chemical properties. Comparison of the NOAEL to the estimated exposures for the Canadian general population resulted in margins of exposure that were considered adequate to address uncertainties in the exposure and health effects databases.

On the basis of available information, reduced body weight was observed in a laboratory study with tall oil, diethylenetriamine imidazoline via the oral route. Comparison of the NOAEL observed in this study to the estimated exposure for the Canadian general population resulted in a margin of exposure that was considered adequate to address uncertainties in the exposure and health effects databases.

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that N-b-hydroxyethyl oleyl imidazoline; oleyl hydroxyethyl imidazoline; tall oil, diethylenetriamine imidazoline; and isostearyl imidazoline 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 therefore proposed to conclude that N-b-hydroxyethyl oleyl imidazoline; oleyl hydroxyethyl imidazoline; tall oil, diethylenetriamine imidazoline; and isostearyl imidazoline do not meet any of the criteria set out in section 64 of CEPA.

The draft screening assessment of these substances is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of 12 substances of the Resins and Rosins Group specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas nine 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 three substances pursuant to para- graphs 68(b) and (c) and on nine substances pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that tall oil, specifically due to crude tall oil, meets one or more of the criteria set out in section 64 of the Act;

And whereas it is proposed to conclude that the remaining 11 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 recommend to Her Excellency the Governor in Council that crude tall oil be added to Schedule 1 of the Act.

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

Notice is also hereby given that the ministers propose to take no further action at this time under section 77 of the Act for the other eight substances identified under subsection 73(1) of the Act.

Notice is further given that the ministers propose to take no further action on the other three substances at this time.

Notice is further given that options are being considered for follow-up activities to track changes in environmental exposure to distilled tall oil, RCa, RNa, and Rosins (CAS RNs 8050-09-7, 8052-10-6 and 73138-82-6).

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. 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

Gwen Goodier
Acting 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 the Resins and Rosins Group

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 on 12 of 14 substances, referred to collectively under the Chemicals Management Plan as the Resins and Rosins Group. These substances were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns. The other two substances were determined to be of low concern through other approaches, and decisions for these substances are provided in separate reports footnote 6, footnote 7. Accordingly, this screening assessment addresses the 12 substances listed in the table below. The 12 substances addressed in this screening assessment will hereinafter be referred to as the Resins and Rosins Group. The Chemical Abstracts Service Registry Number (CAS RN), the Domestic Substances List (DSL) name and the abbreviation or common name of these substances are listed in the table below.

Substances in the resins and rosins group
CAS RN Domestic Substances List (DSL) name Abbreviation or common name
1740-19-8 1-Phenanthrenecarboxylic acid, 1,2,3,4,4a,9,10,10a-octahydro-1,4a-dimethyl-7-(1-methylethyl)-, [1R-(1α,4aβ,10aα)] DHAA
8002-26-4 table b1 note a Tall oil CTO table b1 note b or DTO table b1 note b
8016-81-7 table b1 note a , table b1 note d Tall-oil pitch TOP
8046-19-3 table b1 note a , table b1 note d Storax (balsam) Storax
8050-09-7 table b1 note a , table b1 note c Rosin Rosin table b1 note c
8050-15-5 table b1 note a , table b1 note d Resin acids and Rosin acids, hydrogenated, Me esters RHME
8050-28-0 table b1 note a Rosin, maleated RMa
8052-10-6 table b1 note a , table b1 note c Tall-oil rosin Rosin table b1 note c
9007-13-0 table b1 note a Resin acids and Rosin acids, calcium salts RCa
61790-51-0 table b1 note a Resin acids and Rosin acids, sodium salts RNa
68186-14-1 table b1 note a Resin acids and Rosin acids, Me esters RME
73138-82-6 table b1 note a , table b1 note c Resin acids and Rosin acids Rosin table b1 note c

Table b1 notes

Table b1 note a

Substances which are of unknown or variable composition, complex reaction products, or biological materials (UVCBs).

Return to table b1 note a referrer

Table b1 note b

Crude tall oil (CTO) and distilled tall oil (DTO) are both covered under this DSL name and CAS RN.

Return to table b1 note b referrer

Table b1 note c

May be used interchangeably by industry and are referred to under the same name (rosin).

Return to table b1 note c referrer

Table b1 note d

This substance was not identified under subsection 73(1) of CEPA but was included in this assessment, as it was considered a priority on the basis of other human health concerns.

Return to table b1 note d referrer

Resins and Rosins Group substances may be imported or manufactured in Canada, as well as being naturally present in the environment. Crude tall oil (CTO) is a co-product of kraft pulping of coniferous wood (including pine). CTO may serve as a source material for several downstream products manufactured through fractional distillation of CTO. These downstream distillation products include tall-oil pitch (TOP), rosin (which in this assessment includes substances bearing CAS RNs 8050-09-7, 8052-10-6 and 73138-82-6) and DTO. Tall oil (CAS RN 8002-26-4) includes reference to both CTO and DTO. Two other rosin production methods exist, namely extraction from live pine trees (to produce gum rosin) and, to a lesser degree, from wood stumps (to produce wood rosin). Rosin is also used to manufacture several derivatives, including sodium or calcium salts of unmodified rosin (i.e. RNa and RCa), rosin (CAS RNs 8050-09-7, 8052-10-6 and 73138-82-6) and hydrogenated rosin methyl esters (i.e. RME and RHME). This assessment also includes the essential oil storax produced from steam or water distillation of resins from the deciduous sweetgum tree species (Liquidambar spp.), given this substance is also a resinous substance that originates from trees. Variability in composition of Resins and Rosins Group substances may be due to the source material variability and/or the production process conditions.

All of the substances in the Resins and Rosins Group have been included in surveys issued pursuant to a CEPA section 71 notice and subsequent voluntary surveys. All 12 substances were imported into Canada in quantities for each substance ranging from <100–1 000 000 kg/yr, for the 2011 reporting year. CTO, RCa, RNa and RHME were manufactured in Canada at 10 000 000–100 000 000 kg/yr, 10 000–100 000 kg/yr, 100–1 000 kg/yr, 1 000–10 000 kg/yr, respectively, for the 2011 reporting year.

Commercial and industrial uses of the substances in this group include processing aids, electronics solder, concrete production, rubber compounding, steelmaking and formulation of paints and coatings, as well as products available to consumers, such as adhesives or binding agents, and cosmetics.

The major sources of emissions for substances in the Resins and Rosins Group to the environment are related to manufacturing and industrial uses in Canada. Potential releases of concern occur primarily to surface water.

Most components of CTO or DTO, rosin, RCa and RNa are moderately persistent in water and are expected to be moderately to highly persistent in sediments. Components of TOP, RHME and RMa are predicted to have a moderate to high persistence in water and a high persistence in sediments.

Most substances in the Resins and Rosins Group have components with a low to moderate bioconcentration potential. The bioconcentration factors of components of RHME show a moderate to high bioconcentration potential. Certain CTO or DTO and TOP representative chemicals are predicted to have a high bioaccumulation potential based on modelled bioaccumulation factor results.

CTO or DTO, TOP, rosin, RCa, RNa and RMa all consist of components that could have non-specific (i.e. narcotic) or compound-specific effects at low concentrations of exposure. RHME consists of only narcotic components with effects at low concentrations. Exposure scenarios were developed for the manufacturing and industrial use of the Resins and Rosins substances. Risk quotient analyses were conducted to compare estimated aquatic concentrations to adverse effect concentrations assuming a concentration addition of the components of the UVCBs in aquatic organisms for different exposure scenarios. Scenarios for the manufacturing of CTO indicate that there is a risk to aquatic organisms; however, no risk was identified for the other scenarios for the resins and rosins substances at current levels of exposure.

The ecological risk of four substances in the Resins and Rosin Group (DHAA, balsam, RME, and rosin CAS RN 73138-82-6) was characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. The ERC identified DHAA, balsam, RME, and rosin CAS RN 731380-82-6 as having low potential to cause ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is risk of harm to the environment from tall oil (CAS RN 8002-26-4), specifically due to CTO. It is proposed to conclude that tall oil meets the criteria under paragraph 64(a) of CEPA, as it is 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 tall oil does not meet the criteria under paragraph 64(b) of CEPA, as it is 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. It is also proposed to conclude that the other 11 substances in this assessment do not meet the criteria under paragraph 64(a) or (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 its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

RMa and rosin (CAS RN 8052-10-6) were evaluated using the approach applied in the Rapid Screening of Substances with Limited General Population Exposure (ECCC, HC 2018), which determined if the substances required further assessment on the basis of the potential for direct and indirect exposure to the general population. The potential for exposure of the general population to RMa and rosin (CAS RN 8052-10-6) was considered to be negligible, indicating a low probability of risk to human health. Therefore, RMa and rosin (CAS RN 8052-10-6) are considered to be a low concern for human health at current levels of exposure.

TOP was evaluated by the Threshold of Toxicological Concern (TTC)-based Approach for Certain Substances, which is based on the potential hazard of similar chemical structures, as well as chemical-specific genotoxicity data, when available. The estimate of exposure generated for TOP was lower than the TTC value, indicating a low probability of risk to human health. Therefore, TOP is considered to be a low concern for human health at current levels of exposure.

Substances in the Resins and Rosins Group have not been identified as carcinogenic. Limited toxicological effects have been reported in repeated dose studies with resins and rosins substances with effects such as decreased body weights. Some histopathological changes were noted in target organs.

Exposure to the Resins and Rosins Group substances is expected to be predominantly by the dermal route. Exposure to resins and rosins substances can occur from use of cosmetic products such as waxing treatments, moisturizers and lipsticks. There is the potential for oral ingestion of DHAA (which is a chemical component present in several UVCB Resin and Rosin Group substances) from house dust. Based on a comparison of estimates of exposure to substances in the Resins and Rosins Group and levels associated with effects observed in laboratory studies, margins of exposure are considered adequate to address uncertainty in the health effects and exposure database.

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that the 12 substances in the Resins and Rosins Group 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 therefore proposed to conclude that tall oil meets one or more of the criteria set out in section 64 of CEPA and that the other 11 substances in the Resins and Rosins Group do not meet any of the criteria set out in section 64 of CEPA.

Consideration for follow-up

While exposure of the environment to DTO, RCa, RNa, and Rosins (CAS RNs 8050-09-7, 8052-10-6 and 7313882-6) is not of concern at current levels, these substances are associated with ecological effects of concern. Therefore, there may be a concern for the environment if levels of exposure were to increase. Follow-up activities to track changes in exposure or commercial use patterns are under consideration.

Stakeholders are encouraged to provide, during the 60-day public comment period on the draft screening assessment, any information pertaining to these substances that may help inform the choice of follow-up activity. This could include information on new or planned import, manufacture or use of these substances, if the information has not previously been submitted to the ministers.

The draft screening assessment and the risk management scope document of these substances are 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 two substances in the Organic Peroxides Group — hydroperoxide, 1-methyl-1-phenylethyl (CHP), CAS RN footnote 8 80-15-9, and peroxide, bis(1-methyl-1-phenylethyl) [DCUP], CAS RN 80-43-3 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas CHP and DCUP are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the screening assessment conducted on CHP and DCUP pursuant to section 74 of the Act is annexed hereby;

And whereas it is concluded 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.

Notice is also hereby given that the Minister of the Environment will consider using information-gathering mechanisms, such as those outlined in the Act, to collect commercial information on the substance DCUP.

Catherine McKenna
Minister of the Environment

Ginette Petitpas Taylor
Minister of Health

ANNEX

Summary of the screening assessment of the Organic Peroxides Group

Pursuant to section 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 two of the six substances referred to collectively under the Chemicals Management Plan as the Organic Peroxides Group. These two substances were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA. The other four substances were subsequently determined to be of low concern through other approaches, and decisions for these substances are provided in a separate report. footnote 9 Accordingly, this screening assessment addresses the two substances listed in the table below, which will hereinafter be referred to as the Organic Peroxides Group. The Chemical Abstracts Service Registry Numbers (CAS RN), the Domestic Substances List (DSL) names and the common names of these substances are listed in the table below.

Table 1: Substances in the Organic Peroxides Group
CAS RN DSL name Common name
80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl Cumene hydroperoxide (CHP)
80-43-3 Peroxide, bis(1-methyl-1-phenylethyl) Dicumyl peroxide (DCUP)

Cumene hydroperoxide (CHP) and dicumyl peroxide (DCUP), herein referred to as CHP and DCUP, do not occur naturally in the environment. According to information submitted pursuant to a survey under section 71 of CEPA, there were no reports of manufacture in Canada for either CHP or DCUP in 2011. In the same calendar year, 10 319 kg of CHP and 100 000 to 1 000 000 kg of DCUP were imported into Canada. Both CHP and DCUP are used as industrial processing agents and are expected to be present in negligible quantities in finished materials after processing. CHP has been reported under a CEPA section 71 notice to be used in commercial products such as adhesives and sealants, building and construction materials, and paints and coatings. DCUP has been reported under a CEPA section 71 notice to be used in commercial products such as building and construction materials and plastic and rubber materials, as well as in products used in automotive, aircraft and transportation applications.

The ecological risks of the substances CHP and DCUP were characterized using the ecological risk classification (ERC) of organic substances, which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances on the basis of their hazard and exposure profiles. Based on the outcome of the ERC analysis, CHP and DCUP are considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this screening assessment, there is a low risk of harm to the environment from CHP and DCUP. It is concluded that CHP and DCUP do not meet the criteria under paragraph 64(a) or (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 its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

CHP was reviewed internationally as part of a hydroperoxides group through the Organisation for Economic Co-operation and Development (OECD) in 2008 and was also one of the organic peroxides reviewed by the Australian Government Department of Health in 2016. General toxicity for the oral, inhalation, and dermal routes of exposure were identified for the hydroperoxides group.

Exposure of the general population of Canada to CHP through environmental media and food is expected to be negligible. Exposure to CHP for the general population can occur from its use in adhesive products available to consumers. The margins between estimated dermal and inhalation exposures to CHP and the no adverse health effect levels derived from laboratory studies are considered adequate to address uncertainties in the health effects and exposure databases.

DCUP can cause adverse effects on the reproductive system. Exposure of the general population of Canada to DCUP from environmental media, food, and products is not expected, and the risk to human health is therefore considered to be low.

On the basis of the information presented in this screening assessment, it is concluded that CHP and DCUP 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.

Conclusion

It is therefore concluded that CHP and DCUP do not meet any of the criteria set out in section 64 of CEPA.

While exposure of the environment or of the general population to these substances is not of concern at current levels to these two substances, one substance (DCUP) is associated with health effects of concern due to its potential to cause reproductive effects. Therefore, there may be concern for human health if exposure levels were to increase. For this reason, the Government will carry out follow-up activities to track changes in exposure and review toxicity data and other relevant information pertaining to DCUP that may become available. The Government will use the data gathered through these follow-up activities to prioritize further information gathering or risk assessment work, as required.

The screening assessment of these substances is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions, undertakings and orders on claims for exemption

Pursuant to paragraph 18(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of the decisions of the screening officer respecting each claim for exemption and the relevant safety data sheet (SDS) and (where applicable) the label listed below.

In accordance with section 20 of the Hazardous Materials Information Review Act, a claimant or any affected party, as defined, may appeal a decision or order of a screening officer. An affected party may also appeal an undertaking in respect of which a notice has been published in the Canada Gazette. To initiate the appeal process, a Statement of Appeal (Form 1) as prescribed by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations must be completed and delivered, along with the fee prescribed by section 12 of the Hazardous Materials Information Review Regulations, within 45 days of the publication of this notice in the Canada Gazette, Part I, to the Chief Appeals Officer at the following address: Workplace Hazardous Materials Bureau, 269 Laurier Avenue West, 8th Floor, 4908B, Ottawa, Ontario K1A 0K9.

Véronique Lalonde
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.

All claims for exemption in this publication were filed and evaluated in accordance with the provisions of WHMIS 2015.

A Notice of Filing was published in Part I of the Canada Gazette and there were no written representations from affected parties with respect to any of the claims for exemption and related SDSs or labels mentioned below.

Each of the claims for exemption listed in the table below was found to be valid. The screening officer reached this decision after reviewing the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations.

RN Claimant Product Identifier Date of Decision
9166 MacDermid Enthone, Inc. ZINCROLYTE® KCL-NI BRIGHTENER 2019-04-10
9169 MacDermid Enthone, Inc. ANKOR® PF1 2019-04-10
9574 DNA Genotek Inc. MAX Lysis Reagent 2019-02-08
9790 Win Chemicals Ltd. EGM 2019-04-11
9865 Nalco Canada ULC NALCO® 62950 2019-04-12
9980 Chemtrade Logistics INC VIRWITE POWDER (SERIES 400) 2019-04-17
10025 Innospec Fuel Specialties LLC OGI-7200 2019-04-05
10064 Innospec Fuel Specialties LLC OGI-6120 2019-04-05
12105 Nalco Canada ULC DETACK EC9451D 2019-03-28
12107 Nalco Canada ULC DETACK EC9440D 2019-03-28

The claimant name on which the screening officer issued a decision for the following claims is different from the claimant name that was published in the Notice of Filing.

RN Notice of Filing Publication Date Original Claimant Name New Claimant Name
9166 2014-04-26 Enthone, Inc. MacDermid Enthone, Inc.
9169 2014-04-26 Enthone, Inc. MacDermid Enthone, Inc.

The subject of the claim on which the screening officer issued a decision for the following claims is different from the subject of the claim that was published in the Notice of Filing.

RN

Notice of Filing Publication Date

Original Subject of the Claim

Revised Subject of the Claim
9865 2016-07-30

C.i. and C. of one ingredient
C. of two ingredients

 C.i. of one ingredient
12107 2018-06-23 C.i. and C. of one ingredient C.i. of one ingredient

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

In all cases where the SDS or the label was determined not to be in compliance with the relevant legislation, pursuant to subsection 16.1(1) of the Hazardous Materials Information Review Act, the claimant was given 30 days to provide the screening officer with a signed undertaking accompanied by the SDS or the label amended as necessary.

Non-compliances that fall outside the scope of what is required to be published in the Canada Gazette are referred to as “administrative non-compliances.”

Please refer to Health Canada’s List of Active Claims for Exemption for a description of “administrative non-compliances” and their associated corrective measures.

CLAIMS FOR WHICH THE SCREENING OFFICER WAS SATISFIED THAT THE CLAIMANT HAD TAKEN THE MEASURES SET OUT IN THE UNDERTAKING

Pursuant to paragraph 18(1)(b) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of information that has been disclosed on the relevant SDS or label in compliance with an undertaking and the date on which the notice referred to in subsection 16.1(3) of the Act was issued.

RN: 9166

Date of compliance undertaking: 2019-05-15

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose the recommended use.
  2. Disclose the additional health hazard classification, “Specific Target Organ Toxicity — Single Exposure — Category 1”.
  3. Disclose the additional symbol for “Health Hazard”.
  4. Disclose the additional information elements concerning the hazard and precautionary statements.
  5. Disclose the boiling range of the product.

RN: 9169

Date of compliance undertaking: 2019-05-15

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose the recommended use.
  2. Disclose the boiling range of the product.
  3. Disclose an adequate product odour.
  4. Disclose conditions to avoid.

RN: 9574

Date of compliance undertaking: 2019-04-24

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose the additional hazard classification of “Skin Corrosion – Category 1”.
  2. Disclose the symbol and/or name of the symbol for “Corrosion” on the SDS.
  3. Disclose the additional information elements concerning the hazard and precautionary statements.
  4. Disclose the boiling range of the product.
  5. Disclose the calculated product oral ATE of 5 270 mg/kg (0% unknown).

RN: 9790

Date of compliance undertaking: 2019-05-13

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose an adequate emergency telephone number.
  2. Correct the disclosure of misleading information regarding the product hazard classification.
  3. Disclose the symbol for “Exclamation mark” on the SDS.
  4. Disclose the additional information elements concerning the hazard and precautionary statements.

RN: 9865

Date of compliance undertaking: 2019-04-24

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose a more specific recommended use.
  2. Remove CANUTEC’s emergency telephone number.
  3. Disclose the additional applicable common names and synonyms for the ingredients “2-(2-butoxyethoxy) ethanol” and “lactic acid”.
  4. Disclose that the product must be stored locked up.
  5. Disclose an adequate product odour.
  6. Disclose the product’s reactivity.
  7. Disclose the delayed and immediate effects, as well as the chronic effects from short-term and long-term exposure.

RN: 9980

Date of compliance undertaking: 2019-04-24

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Remove CANUTEC’s emergency telephone number.
  2. Disclose the additional information elements concerning the hazard and precautionary statements.
  3. Disclose the information regarding the precautions for safe handling and storage.
  4. Disclose the product’s boiling range.
  5. Disclose the partition coefficient as a unitless ratio.
  6. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
  7. Disclose the likely route of exposure in Section 11, “Toxicological Information”.
  8. Disclose the symptoms related to the physical, chemical and toxicological characteristics.
  9. Disclose the calculated product dermal ATE of 6 000 mg/kg (0% unknown).
  10. Correct the disclosure of misleading information regarding the LD50 (rat, oral) value for the confidential ingredient “sodium sulfur salt 1S”.

RN: 10025

Date of compliance undertaking: 2019-04-12

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose the additional information elements concerning the hazard and precautionary statements.
  2. Disclose the product’s boiling range.
  3. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
  4. Disclose the likely routes of exposure in Section 11, “Toxicological Information”.
  5. Disclose the symptoms related to the physical, chemical and toxicological characteristics.

RN: 10064

Date of compliance undertaking: 2019-04-12

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose the Canadian initial supplier identifier.
  2. Disclose an adequate product odour.
  3. Disclose the product’s boiling range.
  4. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
  5. Disclose the likely routes of exposure in Section 11, “Toxicological Information”.

RN: 12105

Date of compliance undertaking: 2019-04-26

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose an adequate emergency telephone number.
  2. Disclose the symbol or name of the symbol for “Exclamation mark”.
  3. Disclose the additional information elements concerning the hazard and precautionary statements.
  4. Disclose appropriate first aid measures in the case of skin contact.
  5. Disclose the symptoms and effects, whether acute or delayed.
  6. Disclose appropriate precautions for safe handling.
  7. Disclose an adequate product pH value.
  8. Disclose the product’s initial boiling point and boiling range.
  9. Disclose the product’s reactivity.
  10. Disclose the likely routes of exposure in Section 11, “Toxicological Information”.
  11. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.

RN: 12107

Date compliance undertaking: 2019-05-13

The claimant had been advised to correct administrative non-compliances in the SDS (or label) and had been further advised to amend the SDS (or label) as indicated below.

  1. Disclose an adequate emergency telephone number.
  2. Disclose the symbol or name of the symbol for “Exclamation mark”.
  3. Disclose the additional information elements concerning the hazard and precautionary statements.
  4. Disclose appropriate first aid measures in the case of skin contact.
  5. Disclose the symptoms and effects, whether acute or delayed.
  6. Disclose appropriate precautions for safe handling.
  7. Disclose an adequate product pH.
  8. Disclose the product’s initial boiling point and boiling range.
  9. Disclose the product’s reactivity.
  10. Disclose the likely routes of exposure in Section 11, “Toxicological Information”.
  11. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Saguenay Port Authority — Supplementary letters patent

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Saguenay Port Authority (“Authority”), under the authority of the Canada Marine Act (“Act”), effective May 1, 1999;

WHEREAS Schedule C of the letters patent sets out the immovables, other than federal immovables, held or occupied by the Authority;

WHEREAS the Authority wishes to

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent amending Schedule C of the letters patent;

AND WHEREAS the Minister is satisfied that the amendments to the letters patent are consistent with the Act;

NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent are amended as follows:

1. Schedule C of the letters patent is amended by adding the following at the end of that Schedule to reflect the acquisition by the Authority:
Lot Description
Parts of lot 4 242 275 An immovable known and designated in the Land register of Québec as parts B, C and D of lot 4 242 275, also known as the closed section of Saint-Martin Road, as described in the technical description and shown on the accompanying plan prepared August 8, 2018, under number 2305 of the minutes of Félix Tremblay, land surveyor, containing an area of 1.12 ha.
2. Schedule C of the letters patent is amended by replacing the reference to lot 4 012 453 and its corresponding description with the following to reflect the disposal by the Authority:
Lot Description

6 268 997

Formally known as part of lot 4 012 453

 An immovable known and designated in the Land register of Québec as being lot 6 268 997, containing an area of 696.8 m2.
Lot Description

6 268 998

Formally known as part of lot 4 012 453

 An immovable known and designated in the Land register of Québec as being lot 6 268 998.

3. These supplementary letters patent take effect on the date of registration in the Land register of Québec of the documents evidencing the transfer and disposition of the said immovables.

ISSUED this 14th day of May, 2019.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

IMMIGRATION, REFUGEES AND CITIZENSHIP CANADA

Notice to interested parties — Introducing occupation-specific work permits under the Temporary Foreign Worker Program

Notice is hereby given that Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC) are seeking written comments from all interested parties on a proposal to amend the Immigration and Refugee Protection Regulations (the Regulations) to introduce authorities for the issuance of occupation-specific work permits under the Temporary Foreign Worker Program, on the basis of an assessment provided by ESDC. The intent of this proposal would be to provide greater labour mobility to foreign workers, enabling them to leave their employer for a new one in their occupation who is approved to hire foreign workers, without the requirement to apply for a new work permit.

Background

Under the Temporary Foreign Worker Program, employers in Canada wishing to hire a temporary foreign worker must have an approved Labour Market Impact Assessment from ESDC to ensure that the hiring of the foreign worker will not negatively impact the Canadian labour market. Before starting work, the foreign national must obtain an employer-specific work permit from IRCC. This type of permit restricts the foreign national’s ability to work for any employer other than the one specified on the work permit.

Currently, foreign workers may change their employer, subject to existing immigration requirements. For example, any subsequent job offer requires an approved Labour Market Impact Assessment, and the foreign worker must apply for and obtain a new work permit. Given the time, effort, cost and other challenges associated with finding a new job and securing a new work permit, few foreign workers change employers, despite having the option of doing so.

The employer-specific work permit plays a role in maintaining the integrity of the Temporary Foreign Worker Program. Through the Labour Market Impact Assessment, each job offer, with a specified occupation, location and employer, is assessed for the impact (positive, neutral or negative) on the labour market in Canada that may result when hiring a temporary foreign worker to fill that position. Restricting foreign workers to specified positions and employers for which there has been an assessment thus protects the Canadian labour market. It also provides protection to the foreign worker, given that employers of foreign workers with employer-specific worker permits are held accountable by the Government’s employer compliance regime. This regime, which includes employer inspections, assesses employers’ compliance with the commitments to provide certain wage and working conditions.

However, as many migrant worker advocacy groups and other stakeholders have noted, the employer-specific work permit can create a power imbalance favouring the employer and conditions for potential worker abuse. Foreign workers may be more likely to stay in a job that no longer benefits them, or in some cases, where they experience abuse or exploitation.

For these reasons, a work permit that offers greater worker mobility was recommended by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA Committee) in 2016 and the Standing Committee on Citizenship and Immigration in 2009, as well as by many migrant worker support and advocacy organizations in Canada.

Overview

The departments are considering amending the Regulations to support the introduction of an occupation-specific work permit in the Primary Agriculture Stream and Low-wage Stream of the Temporary Foreign Worker Program. This new work permit would allow a foreign worker to move between jobs in the same occupation (or national occupational classification, NOC) without the requirement for a new permit each time. Every job offer accepted by the foreign worker would require an approved Labour Market Impact Assessment, thereby ensuring the protection of the Canadian labour market. The mobility offered by this type of work permit could help workers leave an abusive workplace and potentially promote more competitive working conditions for foreign and domestic workers.

The occupation-specific work permit would complement the new open work permit for vulnerable workers, which was launched on June 4, 2019. The open work permit for vulnerable workers is available to any foreign worker in Canada with a valid employer-specific work permit who is experiencing abuse, or is at risk of abuse, in the context of their employment in Canada. It is designed to provide a pathway for foreign workers to leave abusive situations and find new employment in any occupation. In contrast, the occupation-specific work permit would be issued only to foreign workers in the Primary Agriculture Stream and Low-Wage Stream of the Temporary Foreign Worker Program, offering greater ease of mobility within the same occupation, without the need to apply for a special permit.

The departments recognize that a number of program design elements would have to be put in place before an occupation-specific work permit could be implemented and are seeking comment from interested parties on the elements outlined below.

Questions to guide input from interested parties

The following key questions may be used to guide comments of interested parties. However, all input is welcome and need not be limited to the responses to these questions.

(1) Would an occupation-specific work permit increase the likelihood that foreign workers would seek out better job opportunities within their occupation? What barriers to mobility would persist?

An occupation-specific work permit would remove the barrier of having to apply for a new work permit each time a foreign worker accepts a job offer within their occupation. This would save time and effort involved in completing work permit applications, as well as multiple work permit processing fees. However, foreign workers would still be required to obtain a job offer from an employer with an approved Labour Market Impact Assessment, and depending on their situation, may require relocating and finding new accommodations. The departments would be interested in learning what prospective differences this proposed work permit might make to a foreign worker’s decision to change jobs.

(2) What positive impacts would this occupation-specific work permit have for temporary foreign workers? What concerns or challenges would it pose, and how could these concerns be mitigated?

The departments are interested in learning to what extent interested parties believe the proposed work permit could shift the balance of power between employers and foreign workers and lead to positive impacts for foreign workers, such as improved working conditions or higher wages. The departments are also interested in feedback on the proposed work permit’s possible limitations, challenges, or negative consequences. Commenters may wish to consider how foreign workers’ relationships with their home governments, families, recruiters and/or former employers could play a role in determining the benefits and challenges of the proposed work permit. Commenters may also want to consider how gender identity, race, ethnicity, age and other identity factors would shape foreign workers’ experiences with the new work permit. Suggestions for how to mitigate foreign workers’ concerns or challenges would be welcome.

(3) What positive or negative impacts would this work permit have for employers and Canadian and permanent resident workers in Canada?

While the primary objective of the work permit is easier job mobility for the foreign worker, there may be broader benefits or negative effects for employers and Canadians. The departments are interested in learning about potential impacts. For example, on balance, would the proposed work permit hinder, help or have little impact on employer efforts to fill vacant positions? To what extent might this work permit lead to improved working conditions or wages for Canadian workers and permanent residents?

(4) Should there be a designated time period (e.g. first two months after starting a job contract) when foreign workers are not permitted to change jobs?

The departments recognize that employers make significant investments in the process of hiring temporary foreign workers and require a predictable, stable work force to support their operations. In light of this, consideration could be given to preventing foreign workers from entering into new employment contracts with new employers on their occupation-specific work permit until a short window of time has passed (unless they seek a new work permit). Comments on the design and impact of such a period are welcome.

(5) Would additional supports be required to help temporary foreign workers find a new employer in Canada with a valid Labour Market Impact Assessment in their occupation? If so, what kind of supports should be considered and who should provide them?

In the event that a foreign worker with an occupation-specific work permit seeks to leave an employer, information about which employers have vacant positions with an approved Labour Market Impact Assessment would be required. Similarly, employers would need information about foreign workers with valid work permits in particular occupations to facilitate job matching. Interested parties are invited to comment on the need for such information and suggest mechanisms to deliver this information. Consideration could be given to a government-administered job-matching website (such as Job Bank) or to in-person supports provided by community organizations.

(6) With greater mobility of foreign workers, what kind of mechanisms should the departments consider to track foreign workers and their new employers for compliance purposes?

Issuing employer-specific work permits on the basis of a specific job offer helps identify the employers for which foreign workers are working. This information helps hold employers accountable through the employer compliance regime for the job offer terms and conditions, including wages, working conditions and location of work. By removing the requirement for a new work permit with each job offer, the occupation-specific work permit creates a need for an additional mechanism to track new employment relationships. Such a mechanism could help foreign workers verify whether their job offer has a valid, approved Labour Market Impact Assessment. It could also help enforce employer compliance.

The departments are seeking views on a preferred tracking mechanism and any considerations for its design. Consideration could be given to requiring employers to register the new employment relationship on a website or other online tool.

(7) Is there a need to clarify or amend the responsibilities of employers and foreign workers in light of this new work permit?

Whether a foreign worker comes directly from abroad or is leaving a job with one employer for another, the responsibilities of the worker and employer to one another will remain the same as they do under the current employer-specific work permit. Nevertheless, the departments invite comment on whether there are any unanticipated implications or areas of ambiguity that could arise concerning, but not limited to, the provision of housing, travel costs, medical insurance, wages, working conditions, or pay deductions.

(8) Should additional changes be made to the work permit process to further support foreign worker mobility?

In general, under the Temporary Foreign Worker Program, foreign workers in low-wage occupations receive a work permit for employment up to one year and seasonal workers for less than a year. Employers generally anticipate foreign workers to remain under their employ for the duration of the work permit period. However, with the proposed occupation-specific work permit, foreign workers could arrive at a new job having already worked for another employer and with only a few months left on their work permit before it expires. For this reason, the departments are seeking comment on how to mitigate the impacts created by these circumstances.

(9) Are there particular considerations for specific Temporary Foreign Worker Program Streams that need to be taken into account when designing an occupation-specific work permit?

The streams of the Temporary Foreign Worker Program, such as the Primary Agriculture Stream, including the Seasonal Agriculture Worker Program or the Low-Wage Stream, have their own set of unique policies and histories, clients, economic conditions, opportunities and challenges. The departments welcome considerations for the occupation-specific work permit that take into account these differences.

Public comment period

Interested persons may submit comments concerning the proposal within 30 days after the date of publication of this notice. All such submissions must cite the Canada Gazette, Part I, the date of publication of this notice, and be addressed to Uttara Chauhan, Director, Policy and Program Design, Temporary Foreign Workers Program, Employment and Social Development Canada, 140 Promenade du Portage, Gatineau, Quebec K1A 0J9 (email: IRCC.TempResRegulations-ResTempReglement.IRCC@cic.gc.ca), and Jordan Thompson, Acting Director, Temporary Resident Policy and Programs, Department of Citizenship and Immigration, 365 Laurier Avenue West, Ottawa, Ontario K1A 1L1 (email: IRCC.TempResRegulations-ResTempReglement.IRCC@cic.gc.ca).

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SLPB-001-19 — Decision on Revisions to the 3500 MHz Band to Accommodate Flexible Use and Preliminary Decisions on Changes to the 3800 MHz Band

The intent of this notice is to announce the release of the document entitled SLPB-001-19, Decision on Revisions to the 3500 MHz Band to Accommodate Flexible Use and Preliminary Decisions on Changes to the 3800 MHz Band, which sets out Innovation, Science and Economic Development Canada’s (ISED) decisions regarding revisions to the 3450–3650 MHz band (also known as the 3500 MHz band) to accommodate flexible use for fixed and mobile services and the potential changes to the 3400–3450 MHz band and the 3650–4200 MHz band (referred to as the 3800 MHz band).

This document is the result of the consultation process undertaken in SLPB-004-18, Consultation on Revisions to the 3500 MHz Band to Accommodate Flexible Use and Preliminary Consultation on Changes to the 3800 MHz Band.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on ISED’s Spectrum Management and Telecommunications website.

Official versions of notices can be viewed on the Canada Gazette website.

June 5, 2019

Aline Chevrier
Senior Director
Spectrum Licensing and Auction Operations
Spectrum Licensing Policy Branch

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SLPB-002-19 — Consultation on a Policy and Licensing Framework for Spectrum in the 3500 MHz Band

The intent of this notice is to announce Innovation, Science and Economic Development Canada’s (ISED) initiation of a public consultation on a licensing framework for the auction of spectrum licences in the band 3450-3650 MHz (also known as the 3500 MHz band), through the release of the document entitled Consultation on a Policy and Licensing Framework for Spectrum in the 3500 MHz Band.

Submitting comments

To ensure consideration, parties should submit their comments no later than July 19, 2019. Respondents are asked to provide their comments in electronic format (Microsoft Word or Adobe PDF) by email at ic.spectrumauctions-encheresduspectre.ic@canada.ca. Soon after the close of the comment period, all comments will be posted on ISED’s Spectrum Management and Telecommunications website. ISED will review and consider all comments in order to arrive at its decisions regarding the above-mentioned consultation.

ISED will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until August 19, 2019.

Paper submissions should be mailed to the following address:

Senior Director
Spectrum Licensing and Auction Operations
Innovation, Science and Economic Development Canada
235 Queen Street, 6th Floor
Ottawa, Ontario
K1A 0H5

All submissions should cite the Canada Gazette, Part I, the publication date, the title and the reference number of this notice (SLPB-002-19).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on the ISED Spectrum Management and Telecommunications website.

Official versions of notices can be viewed on the Canada Gazette website.

June 5, 2019

Aline Chevrier
Senior Director
Spectrum Licensing and Auction Operations
Spectrum Licensing Policy 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.

We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.

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
Chief Administrator Administrative Tribunals Support Service of Canada  
Chairperson Asia-Pacific Foundation of Canada  
Chairperson and Director Atomic Energy of Canada Limited  
Chairperson Canada Foundation for Sustainable Development Technology  
Chairperson and Vice-Chairperson Canada Industrial Relations Board  
Chairperson Canada Lands Company Limited  
President and Chief Executive Officer Canada Lands Company Limited  
Chairperson (joint federal Governor in Council and provincial Lieutenant Governor appointment) Canada–Newfoundland and Labrador Offshore Petroleum Board  
Board Member (Anticipatory) Canadian Accessibility Standards Development Organization  
Chairperson (Anticipatory) Canadian Accessibility Standards Development Organization  
Chief Executive Officer (Anticipatory) Canadian Accessibility Standards Development Organization  
Vice-Chairperson (Anticipatory) Canadian Accessibility Standards Development Organization  
Chairperson Canadian Dairy Commission  
Chairperson, Vice-Chairperson and Director Canadian Energy Regulator  
Chief Executive Officer Canadian Energy Regulator  
Lead Commissioner, Deputy Lead Commissioner and Commissioner Canadian Energy Regulator  
Pay Equity Commissioner Canadian Human Rights Commission  
Permanent Member Canadian Nuclear Safety Commission  
Regional Member (British Columbia/Yukon) Canadian Radio-television and Telecommunications Commission  
Regional Member (Quebec) Canadian Radio-television and Telecommunications Commission  
President (Chief Executive Officer) Canadian Tourism Commission  
President and Chief Executive Officer Defense Construction (1951) Limited  
Chairperson Farm Credit Canada  
President and Chief Executive Officer Farm Credit Canada  
Commissioner Financial Consumer Agency of Canada  
Chairperson First Nations Financial Management Board  
Director Freshwater Fish Marketing Corporation  
Director (Federal) Hamilton Port Authority  
Sergeant-at-Arms and Corporate Security Officer House of Commons  
Member (appointment to roster) International Trade and International Investment Dispute Settlement Bodies  
Member National Capital Commission  
Government Film Commissioner National Film Board  
President Natural Sciences and Engineering Research Council of Canada  
Auditor General of Canada Office of the Auditor General  
Chief Accessibility Officer (Anticipatory) Office of the Chief Accessibility Officer  
Ombudsperson Office of the Ombudsperson for National Defence and Canadian Forces  
Director (Federal) Oshawa Port Authority  
Chairperson Pacific Pilotage Authority  
Chief Executive Officer Parks Canada  
Commissioner Public Service Commission  
Member and Alternate Member Renewable Resources Board (Gwich’in)  
Member and Alternate Member Renewable Resources Board (Sahtu)  
Principal Royal Military College of Canada  
Chairperson Telefilm Canada