Canada Gazette, Part I, Volume 153, Number 26: GOVERNMENT NOTICES
June 29, 2019
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Ministerial instructions regarding the processing of applications under the Caring for Children and the Caring for People with High Medical Needs classes
Notice is hereby given under subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act) that the Minister of Citizenship and Immigration has established the following ministerial instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
Overview
Authority for these ministerial instructions is derived from section 87.3 of the Act. The instructions are directed to officers who are responsible for handling and/or reviewing applications under the Caring for Children and Caring for People with High Medical Needs classes.
The intent of these instructions is to ensure that no new applications under these classes are accepted for processing on or after June 18, 2019.
These instructions come into effect on the same day as two other ministerial instructions, pursuant to section 14.1 of the Act, which establish two new economic permanent residence classes to replace the Caring for Children and Caring for People with High Medical Needs classes.
All ministerial instructions relating to these classes will come into force in tandem to facilitate a seamless transition to permanent residence and provide clarity for applicants with regard to dedicated permanent residence pathways for in-home caregivers.
These instructions are consistent with objectives as laid out in section 3 of the Act, specifically to pursue the maximum social, cultural and economic benefits of immigration; to enrich and strengthen the social and cultural fabric of Canadian society; to support the development of a strong and prosperous Canadian economy; to protect public health and safety and to maintain the security of Canadian society.
Instructions for the processing of applications under the Caring for Children and Caring for People with High Medical Needs classes
Effective June 18, 2019, the number of new applications that will be accepted for processing under the Caring for Children and the Caring for People with High Medical Needs classes will be set to zero.
All pending applications received prior to June 18, 2019, will continue to be processed.
These instructions will remain in place until November 29, 2019, the same date that the Caring for Children and Caring for People with High Medical Needs classes expire.
Humanitarian and compassionate requests
A request made under subsection 25(1) of the Act from outside Canada that accompanies an application that was not accepted for processing under these instructions will also not be accepted for processing.
Disposition of applications
New applications under the Caring for Children and Caring for People with High Medical Needs classes that are received by designated Department of Citizenship and Immigration offices on or after June 18, 2019, will not be processed and will be returned to applicants along with the processing fees.
Coming into effect
The instructions come into force on June 18, 2019.
Ottawa, June 14, 2019
Ahmed D. Hussen
Minister of Citizenship and Immigration
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Ministerial Instructions Respecting the Home Child Care Provider Class
The Minister of Citizenship and Immigration, pursuant to section 14.1 footnote a of the Immigration and Refugee Protection Act footnote b, gives the annexed Ministerial Instructions Respecting the Home Child Care Provider Class.
Ahmed D. Hussen
Minister of Citizenship and Immigration
Ministerial Instructions Respecting the Home Child Care Provider Class
Definitions
1 The following definitions apply in these Instructions.
- Act means the Immigration and Refugee Protection Act. (Loi)
- Canadian educational credential has the same meaning as in subsection 73(1) of the Regulations. (diplôme canadien)
- eligible occupation means an occupation listed in the National Occupational Classification under the unit group 4411, other than a foster parent. (profession admissible)
- equivalency assessment has the same meaning as in subsection 73(1) of the Regulations. (attestation d’équivalence)
- full-time work has the same meaning as in subsection 73(1) of the Regulations. (travail à temps plein)
- home child care work permit means a work permit that is issued to a foreign national subsequent to their application for a permanent resident visa as a member of the home child care provider class and that authorizes them to work in an eligible occupation. (permis de travail comme gardien d’enfants en milieu familial)
- language skill area has the same meaning as in subsection 73(1) of the Regulations. (habileté langagière)
- Regulations mean the Immigration and Refugee Protection Regulations. (Règlement)
- work has the same meaning as in subsection 73(2) of the Regulations. (travail)
Home child care provider class
2 (1) The home child care provider class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who intend to reside in a province other than the province of Quebec, and who demonstrate, in accordance with these Instructions, that they meet the requirements of these Instructions.
Economic class
(2) For greater certainty, the home child care provider class is considered to be part of the class referred to in paragraph 70(2)(b) of the Regulations.
Application for permanent residence – less than 24 months experience
(3) An application for a permanent residence visa as member of the home child care provider class for a foreign national who has acquired in Canada less than 24 months of full-time work experience in an eligible occupation during the 36 months preceding the date on which the application is made consists of the following two steps:
- (a) the foreign national demonstrates, on the date on which the application is made, that they meet the following conditions:
- (i) they have attained a level of proficiency of at least benchmark 5 in either official language of Canada for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation designated by the Minister — that must be less than two years old on that date — by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations,
- (ii) they hold
- (A) a Canadian educational credential of at least one year of post-secondary studies, or
- (B) a foreign diploma, certificate or credential and an equivalency assessment — issued within five years before the date on which the application is made — that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian educational credential of at least one year of post-secondary studies,
- (iii) they have received an offer of employment for full-time work that meets the following conditions:
- (A) it is made by a single Canadian employer who has a Canada Revenue Agency business number and who is not an embassy, high commission or consulate or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations,
- (B) it is for a position in a province other than the province of Quebec,
- (C) it is in respect of an eligible occupation,
- (D) it describes the work and duties to be performed by the foreign national that must align with those described for the eligible occupation in the National Occupational Classification, and
- (E) it is genuine and likely to be valid when the applicant is issued their initial home child care work permit,
- (iv) they are likely to accept the job offer, and
- (v) they are able to perform the work and duties described for the eligible occupation in the National Occupational Classification, and;
- (b) within 36 months of the issuance of their initial home child care work permit, they demonstrate that they have acquired, in Canada, at least 24 months of full-time work experience in an eligible occupation within the 36 months preceding the date of the demonstration.
Application for permanent residence – at least 24 months experience
(4) A foreign national who has acquired in Canada at least 24 months of full-time work experience in an eligible occupation may apply for a permanent residence visa as member of the home child care provider class if they demonstrate, on the date on which the application is made, that they meet the following conditions:
- (a) their work experience was accumulated within the 36 months preceding the date on which the application is made; and
- (b) the conditions set out in subparagraphs (3)a)(i) and (ii).
Work experience
(5) The work experience referred to in paragraph (3)(b) and subsection (4)
- (a) must include the performance of the actions described in the lead statement for the eligible occupation in the National Occupational Classification, and the performance of a substantial number of the main duties of that occupation;
- (b) must only involve work that was authorized under a work permit;
- (c) must be acquired while the foreign national had temporary resident status; and
- (d) must not include any period during which the foreign national was engaged in full-time study or was self-employed.
Processing fees
3 The fees that are payable for processing an application for a permanent resident visa under these Instructions are the fees set out in paragraphs 295(1)(c)(i), (ii) or (iii) of the Regulations, as applicable.
Period of application
4 These instructions apply from June 18, 2019 to June 17, 2024.
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Ministerial Instructions Respecting the Home Support Worker Class
The Minister of Citizenship and Immigration, pursuant to section 14.1 footnote c of the Immigration and Refugee Protection Act footnote d, gives the annexed Ministerial Instructions Respecting the Home Support Worker Class.
Ahmed D. Hussen
Minister of Citizenship and Immigration
Ministerial Instructions Respecting the Home Support Worker Class
Definitions
1 The following definitions apply in these Instructions.
- Act means the Immigration and Refugee Protection Act. (Loi)
- Canadian educational credential has the same meaning as in subsection 73(1) of the Regulations. (diplôme canadien)
- eligible occupation means an occupation listed in the National Occupational Classification under the unit group 4412, other than a housekeeper. (profession admissible)
- equivalency assessment has the same meaning as in subsection 73(1) of the Regulations. (attestation d’équivalence)
- full-time work has the same meaning as in subsection 73(1) of the Regulations. (travail à temps plein)
- home support work permit means a work permit that is issued to a foreign national subsequent to their application for a permanent resident visa as a member of the home support worker class and that authorizes them to work in an eligible occupation. (permis de travail comme aide familial à domicile)
- language skill area has the same meaning as in subsection 73(1) of the Regulations. (habileté langagière)
- Regulations mean the Immigration and Refugee Protection Regulations. (Règlement)
- work has the same meaning as in subsection 73(2) of the Regulations. (travail)
Home support worker class
2 (1) The home support worker class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who intend to reside in a province other than the province of Quebec, and who demonstrate, in accordance with these Instructions, that they meet the requirements of these Instructions.
Economic class
(2) For greater certainty, the home support worker class is considered to be part of the class referred to in paragraph 70(2)(b) of the Regulations.
Application for permanent residence – less than 24 months experience
(3) An application for a permanent residence visa as member of the home support worker class for a foreign national who has acquired in Canada less than 24 months of full-time work experience in an eligible occupation during the 36 months preceding the date on which the application is made consists of the following two steps:
- (a) the foreign national demonstrates, on the date on which the application is made, that they meet the following conditions:
- (i) they have attained a level of proficiency of at least benchmark 5 in either official language of Canada for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation designated by the Minister — that must be less than two years old on that date — by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations,
- (ii) they hold
- (A) a Canadian educational credential of at least one year of post-secondary studies, or
- (B) a foreign diploma, certificate or credential and an equivalency assessment — issued within five years before the date on which the application is made — that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian educational credential of at least one year of post-secondary studies,
- (iii) they have received an offer of employment for full-time work that meets the following conditions:
- (A) it is made by a single Canadian employer who has a Canada Revenue Agency business number and who is not an embassy, high commission or consulate or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations,
- (B) it is for a position in a province other than the province of Quebec,
- (C) it is in respect of an eligible occupation,
- (D) it describes the work and duties to be performed by the foreign national that must align with those described for the eligible occupation in the National Occupational Classification, and
- (E) it is genuine and likely to be valid when the applicant is issued their initial home support work permit,
- (iv) they are likely to accept the job offer, and
- (v) they are able to perform the work and duties described for the eligible occupation in the National Occupational Classification, and;
- (b) within 36 months of the issuance of their initial home support work permit, they demonstrate that they have acquired, in Canada, at least 24 months of full-time work experience in an eligible occupation within the 36 months preceding the date of the demonstration.
Application for permanent residence – at least 24 months experience
(4) A foreign national who has acquired in Canada at least 24 months of full-time work experience in an eligible occupation may apply for a permanent residence visa as member of the home support worker class if they demonstrate, on the date on which the application is made, that they meet the following conditions:
- (a) their work experience was accumulated within the 36 months preceding the date on which the application is made; and
- (b) the conditions set out in subparagraphs (3)a)(i) and (ii).
Work experience
(5) The work experience referred to in paragraph (3)(b) and subsection (4)
- (a) must include the performance of the actions described in the lead statement for the eligible occupation in the National Occupational Classification, and the performance of a substantial number of the main duties of that occupation;
- (b) must only involve work that was authorized under a work permit;
- (c) must be acquired while the foreign national had temporary resident status; and
- (d) must not include any period during which the foreign national was engaged in full-time study or was self-employed.
Processing fees
3 The fees that are payable for processing an application for a permanent resident visa under these Instructions are the fees set out in paragraphs 295(1)(c)(i), (ii) or (iii) of the Regulations, as applicable.
Period of application
4 These instructions apply from June 18, 2019 to June 17, 2024.
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
New ministerial instructions regarding the processing of certain work permit applications
Notice is hereby given under subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act) that the Minister of Citizenship and Immigration has established the following ministerial instructions regarding the processing of certain work permit applications.
Overview
Authority for ministerial instructions is derived from section 87.3 of the Act. The instructions are being issued to ensure that the processing of applications is conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
The instructions are consistent with objectives as laid out in section 3 of the Act. Specifically, in order to pursue the maximum social, cultural and economic benefits of immigration aligned with the goals of the new caregiver permanent residence pilots, a moratorium on new caregiver temporary foreign worker intake outside Quebec is necessary to control arrivals without a clear pathway for permanent residence.
These instructions complement and come into effect on the same day as the ministerial instructions made pursuant to section 14.1 of the Act to establish two new economic permanent residence classes.
Instructions to refuse to process certain work permit applications
Instructions are directed to designated officers who are charged with handling and/or reviewing applications for work permits.
Officers are instructed not to process applications for new work permits made by foreign nationals under subparagraph 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations, if all of the below criteria apply:
- (a) the applicant is outside Canada;
- (b) the applicant is making an initial work permit application (e.g. does not currently hold a valid work permit);
- (c) the applicant intends to engage in work as described under National Occupation Classification (NOC) 4411 (excluding foster parents) and 4412 (excluding housekeepers);
- (d) the applicant is destined to a job location outside Quebec; and
- (e) the assessment, by Employment and Social Development Canada, and on the basis of which the officer must make a determination pursuant to paragraphs 203(1)(a) to (e) of the Immigration and Refugee Protection Regulations, was requested on or after June 18, 2019.
Coming into effect
These instructions take effect on June 18, 2019.
Disposition of applications
Where new work permit applications are not processed pursuant to these instructions, the applicant will be notified of the refusal to process, and the associated work permit processing fee will be returned.
Expiry
These instructions will expire on June 17, 2024.
Ottawa, June 14, 2019
Ahmed D. Hussen
Minister of Citizenship and Immigration
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2019-87-07-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote e, the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List footnote f;
Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote e, makes the annexed Order 2019-87-07-02 Amending the Non-domestic Substances List.
Gatineau, June 11, 2019
Catherine McKenna
Minister of the Environment
Order 2019-87-07-02 Amending the Non-domestic Substances List
Amendment
1 Part I of the Non-domestic Substances List footnote 1 is amended by deleting the following:
834899-65-9
1591783-13-9
Coming into Force
2 This Order comes into force on the day on which Order 2019-87-07-01 Amending the Domestic Substances List comes into force.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Waiver of information requirements for substances (subsection 81(9) of the Canadian Environmental Protection Act, 1999)
Whereas any person who proposes to import or manufacture a substance that is not on the Domestic Substances List must provide to the Minister of the Environment the information required under subsection 81(1) of the Canadian Environmental Protection Act, 1999;
Whereas a person may, pursuant to subsection 81(8) of the Canadian Environmental Protection Act, 1999, request any of the requirements to provide information under subsection 81(1) of the Canadian Environmental Protection Act, 1999 to be waived; and
Whereas a waiver may be granted by the Minister of the Environment under subsection 81(8) of the Canadian Environmental Protection Act, 1999 if
- (a) in the opinion of the Ministers, the information is not needed in order to determine whether the substance is toxic or capable of becoming toxic;
- (b) the substance is to be used for a prescribed purpose or manufactured at a location where, in the opinion of the Ministers, the person requesting the waiver is able to contain the substance so as to satisfactorily protect the environment and human health; or
- (c) it is not, in the opinion of the Ministers, practicable or feasible to obtain the test data necessary to generate the information.
Therefore, notice is hereby given, pursuant to subsection 81(9) of the Canadian Environmental Protection Act, 1999, that the Minister of the Environment waived some requirements to provide information pursuant to subsection 81(8) of that Act and in accordance with the following annex.
Nicole Davidson
Acting Executive Director
Program Development and Engagement Division
On behalf of the Minister of the Environment
ANNEX
Waiver of information requirements
Person to whom a waiver was granted | Information concerning a substance in relation to which a waiver was granted |
---|---|
BASF Canada Inc. | Data in respect of octanol/water partition coefficient Data in respect of hydrolysis rate as a function of pH Data from an in vitro mutagenicity test for gene mutations |
Chemsynergy, Inc. | Data in respect of vapour pressure Data in respect of octanol/water partition coefficient Data in respect of hydrolysis rate as a function of pH Data from an in vivo mammalian test for chromosomal aberrations or gene mutations |
Dow Chemical Canada ULC | Data in respect of octanol/water partition coefficient |
H.B. Fuller Canada | Data in respect of octanol/water partition coefficient (2) table a1 note 1 |
Novozymes Canada Limited | Data in respect of melting point Data in respect of boiling point Data in respect of density Data in respect of vapour pressure |
Red Spot Canada | Data in respect of hydrolysis rate as a function of pH |
Sika Corporation | Data in respect of water solubility |
Stepan Canada Inc. | Data in respect of density |
Table a1 note
|
EXPLANATORY NOTE
The decision to grant a waiver is made on a case-by-case basis by Environment Canada in consultation with Health Canada. Every year, an average of 500 regulatory declarations are submitted for chemicals, polymers and living organisms under subsections 81(1), (3) and (4) and 106(1), (3) and (4) of the Canadian Environmental Protection Act, 1999, and around 100 waivers are granted yearly for chemicals, polymers and living organisms under subsections 81(8) and 106(8) of the Canadian Environmental Protection Act, 1999.
For more information, please see the waivers web page on the New Substances website.
DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication after screening assessment of zinc and its compounds, including those specified on the Domestic Substances List and those identified for further consideration following prioritization of the Revised In Commerce List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)
Whereas a summary of the draft screening assessment conducted on zinc and its compounds pursuant to paragraphs 68(b) and (c) or section 74 of the Act is annexed hereby;
Whereas 64 substances identified in the annex below are substances identified under subsection 73(1) of the Act, and 11 substances identified in the annex below are substances identified for further consideration following prioritization of the Revised In Commerce List;
And whereas it is proposed to conclude that zinc and soluble zinc compounds meet one or more of the criteria set out in section 64 of the Act,
Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that zinc and soluble zinc compounds be added to Schedule 1 of the Act.
Notice is furthermore given that the ministers have released a risk management scope document for zinc and soluble zinc compounds to initiate discussions with stakeholders on the development of risk management actions.
Public comment period
Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819‑938‑5212, or by email to eccc.substances.eccc@canada.ca.
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 I
Summary of the draft screening assessment of zinc and its compounds
Pursuant to sections 68 and 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 zinc and its compounds. Sixty-four of these substances were identified as priorities for assessment as they met the categorization criteria under subsection 73(1) of CEPA. Eleven additional substances were identified for further consideration following prioritization of the Revised In Commerce List (R-ICL).
There are both natural and anthropogenic sources of zinc to the environment. Natural sources include weathering and wind and water erosion of zinc-enriched rocks, soils and sediments. Anthropogenic sources include zinc metal production (e.g. mining and processing); the manufacture, import and use of zinc compounds, products and manufactured items; industrial activities (e.g. iron and steel manufacturing, pulp and paper manufacturing, wastewater treatment systems, tire and rubber manufacturing). Results of the Domestic Substances List (DSL) Inventory Update (DSL IU) Phase 1, 2 and 3 surveys for 72 zinc compounds indicate that those zinc compounds were reported to be manufactured in Canada in quantities ranging from 0.1 t to more than 500 t and imported into Canada in quantities ranging from 0.1 t to more than 10 000 t.
Activities and uses involving zinc and its compounds reported in Canada and abroad include metal mining, galvanizing, intermediate in metallurgical processes, non-ferrous metal smelting and refining processes, fertilizers, hard material tools, paints and coatings, plastic, tire and rubber. In addition, zinc is present in thousands of products available to consumers including supplemented foods and food packaging, drugs, cosmetics, natural health products (e.g. multivitamins and mineral supplements), pesticides, paints and coatings, sealants, cleaning products, automotive products, and plant fertilizers.
Zinc species often encountered in the environment include ZnOH+, Zn2+, and ZnCO3. The species typically considered to be the source of toxicity (due to its bioavailability) is the uncomplexed, free ion (Zn2+). However, as zinc interacts with various constituents of water, soil and sediment, it can form many different complexes. Competition with other chemicals at the receptor site in organisms and formation of organic or inorganic metal species can render a significant fraction of dissolved metals non-bioavailable. The predicted no-effect concentration (PNEC) in surface water is based on the recently derived Canadian Council of Ministers of the Environment (CCME) Canadian Water Quality Guidelines (CWQG) for zinc for the Protection of Aquatic Life, which allows for the derivation of site-specific PNECs dependent on toxicity modifying factors (TMFs), namely hardness, pH and dissolved organic carbon.
The ecological exposure assessment focuses on releases of zinc from the main sectors of activity associated with the greatest quantities in commerce or associated with the largest reported releases to the environment, when enough data was available, namely metal mining, base metals smelting and refining (BMS), iron and steel manufacturing, and wastewater treatment systems. Predicted environmental concentrations (PECs) derived using measured concentrations of zinc in surface water samples collected at sites receiving metal mining effluent were found to exceed surface water PNECs at certain mining facilities. PECs based on measured zinc concentrations in samples collected from waterbodies near base metal smelters and refineries were generally below the PNEC except for one facility, where BMS effluents are combined with mining effluents. PECs derived for the iron and steel sector using average yearly releases of zinc calculated using loadings reported to a provincial government, did not exceed PNECs. Similarly, PECs derived for wastewater treatment systems using measured concentrations of zinc in effluents were determined to be lower than PNECs.
Considering all available lines of evidence presented in this draft screening assessment, there is a risk of harm to the environment from zinc and soluble zinc compounds. It is proposed to conclude that zinc and soluble zinc compounds meet the criteria under paragraph 64(a) of CEPA as they are entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. However, it is proposed to conclude that zinc and soluble zinc compounds do not meet the criteria under paragraph 64(b) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends.
Zinc is ubiquitous in air, drinking water, food, soil and house dust. Zinc is present in thousands of products available to consumers. Food is the primary source of exposure for the general public. General population exposure was characterized using nationally representative biomonitoring data from the Canadian Health Measures Survey (CHMS), the First Nations Biomonitoring Initiative (FNBI), and the Maternal-Infant Research on Environmental Chemicals Early Childhood Biomonitoring and Neurodevelopment (MIREC-CD Plus) Study. Total concentrations of zinc measured in whole blood and urine provide a biologically relevant, integrated measure of exposure that may occur across multiple routes (e.g. oral ingestion, dermal contact and inhalation) and sources (e.g. natural and anthropogenic, environmental media, diet, and frequent or daily use products). Whole blood zinc concentrations increase with age and the highest zinc concentrations in whole blood are found in older adults while urinary zinc concentrations display a “U”-shaped pattern of exposure, with the highest concentrations in three- to five-year-olds and in older adults. Generally, males have higher blood and urine concentrations of zinc than females. The evidence linking changes in biomarker concentrations to changes in external exposures is stronger for urine than for whole blood. Hence, urine zinc concentration was identified as the most suitable biomarker to quantify population-level zinc exposure.
Zinc is an essential element to human health, yet elevated intake may result in adverse health effects. Several international organizations have previously established exposure guidance values (e.g. Tolerable Upper Intake Level, Reference Dose) to protect against toxicity of zinc on the basis of the alteration of copper status observed in human supplementation studies. The alteration of copper status in those studies was considered mild and within the range of natural variation. Thus, to characterize human health risk, biomonitoring equivalents were developed for the No Observed Adverse Effect Levels (NOAEL) and Low Observed Adverse Effect Level (LOAEL) associated with headaches, nausea, vomiting, loss of appetite and abdominal cramps reported in the individuals. Median and 95th percentile concentrations of total zinc in urine from the CHMS survey were lower than the urine biomonitoring equivalent values derived for the NOAEL and the LOAEL. Therefore, zinc and its compounds are considered to be of low concern to the health of the general population in Canada at current levels of exposure.
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that zinc and its compounds do not meet the criteria under paragraph 64(c) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
Proposed conclusion
It is proposed to conclude that zinc and soluble zinc compounds meet one or more of the criteria set out in section 64 of CEPA. It is also proposed to conclude that zinc and soluble zinc compounds meet the persistence criteria but not the bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.
The draft screening assessment and the risk management scope for these substances are available on the Canada.ca (Chemical Substances) website.
ANNEX II
CAS RN | DSL or R-ICL Name | Inventory / Priority |
---|---|---|
127-82-2 | Benzenesulfonic acid, 4-hydroxy-, zinc salt (2:1) | DSL |
136-23-2 | Zinc, bis(dibutylcarbamodithioato-S,S’)-, (T-4)- | DSL |
136-53-8 | Hexanoic acid, 2-ethyl-, zinc salt | DSL |
155-04-4 | 2(3H)-Benzothiazolethione, zinc salt | DSL |
546-46-3 | 1,2,3-Propanetricarboxylic acid, 2-hydroxy-, zinc salt (2:3) | R-ICL |
556-38-7 | Pentanoic acid, zinc salt (2:1) | R-ICL |
557-05-1 | Octadecanoic acid, zinc salt | DSL |
557-07-3 | 9-Octadecenoic acid (Z)-, zinc salt | DSL |
557-08-4 | 10-Undecenoic acid, zinc salt | DSL |
557-34-6 | Acetic acid, zinc salt | DSL |
1314-13-2 | Zinc oxide (ZnO) | DSL |
1314-22-3 | Zinc peroxide (Zn(O2)) | DSL |
1314-84-7 | Zinc phosphide (Zn3P2) | R-ICL |
1314-98-3 | Zinc sulfide (ZnS) | DSL |
1345-05-7 | C.I. Pigment White 5 | DSL |
1405-89-6 | Bacitracin Zinc | R-ICL |
2452-01-9 | Dodecanoic acid, zinc salt | DSL |
3486-35-9 | Carbonic acid, zinc salt (1:1) | DSL |
4259-15-8 | Zinc, bis[O,O-bis(2-ethylhexyl) phosphorodithioato-S,S’]-, (T-4)- | DSL |
4468-02-4 | Zinc, bis(D-gluconato-O1,O2)- | DSL |
5970-45-6 | Acetic acid, zinc salt, dihydrate | DSL |
7446-19-7 | Sulfuric acid, zinc salt (1:1), monohydrate | DSL |
7446-20-0 | Sulfuric acid, zinc salt (1:1), heptahydrate | DSL |
7446-26-6 | Diphosphoric acid, zinc salt (1:2) | DSL |
7646-85-7 | Zinc chloride (ZnCl2) | DSL |
7733-02-0 | Sulfuric acid, zinc salt (1:1) | DSL |
7779-88-6 | Nitric acid, zinc salt | DSL |
7779-90-0 | Phosphoric acid, zinc salt (2:3) | DSL |
8011-96-9 | Calamine (pharmaceutical preparation) | DSL |
8048-07-5 | C.I. Pigment Yellow 35 | DSL |
10139-47-6 | Zinc iodide (ZnI2) | R-ICL |
11103-86-9 | Chromate(1-), hydroxyoctaoxodizincatedi-, potassium | DSL |
12001-85-3 | Naphthenic acids, zinc salts | DSL |
12122-17-7 | Hydrozincite (Zn5(CO3)2(OH)6) | DSL |
12442-27-2 | Cadmium zinc sulfide ((Cd,Zn)S) | DSL |
13189-00-9 | 2-Propenoic acid, 2-methyl-, zinc salt | DSL |
13463-41-7 | Zinc, bis(1-hydroxy-2(1H)-pyridinethionato-O,S)-, (T-4)- | DSL |
13530-65-9 | Chromic acid (H2CrO4), zinc salt (1:1) | DSL |
13598-37-3 | Phosphoric acid, zinc salt (2:1) | DSL |
14324-55-1 | Zinc, bis(diethylcarbamodithioato-S,S’)-, (T-4)- | DSL |
14476-25-6 | Smithsonite (Zn(CO3)) | DSL |
14726-36-4 | Zinc, bis[bis(phenylmethyl)carbamodithioato-S,S’]-, (T-4)- | DSL |
15337-18-5 | Zinc, bis(dipentylcarbamodithioato-S,S’)-, (T-4)- | DSL |
15454-75-8 | Zinc, bis(5-oxo-L-prolinato-.kappa.N1,.kappa.O2)-, (T-4)- | R-ICL |
16260-27-8 | Tetradecanoic acid, zinc salt | DSL |
16283-36-6 | Zinc, bis(2-hydroxybenzoato-O1,O2)-, (T-4)- | DSL |
16871-71-9 | Silicate(2-), hexafluoro-, zinc (1:1) | DSL |
17949-65-4 | Zinc, bis(2-pyridinecarboxylato-.kappa.N1,.kappa.O2-, (T-4)- | R-ICL |
19210-06-1 | Phosphorodithioic acid, zinc salt | DSL |
20427-58-1 | Zinc hydroxide (Zn(OH)2) | DSL |
24308-84-7 | Benzenesulfinic acid, zinc salt | DSL |
24887-06-7 | Zinc, bis(hydroxymethanesulfinato-OS,O1)-, (T-4)- | DSL |
27253-29-8 | Neodecanoic acid, zinc salt | DSL |
28016-00-4 | Naphthalenesulfonic acid, dinonyl-, zinc salt | DSL |
28629-66-5 | Zinc, bis(O,O-diisooctyl phosphorodithioato-S,S’)- | DSL |
36393-20-1 | Zincate(2-), bis[L-aspartato(2-)-.kappa.N,.kappa.O1]-, dihydrogen, (T-4)- | R-ICL |
37300-23-5 | C.I. Pigment Yellow 36 | DSL |
38714-47-5 | Zinc(2++), tetraammine-, (T-4)-, carbonate (1:1) | DSL |
40861-29-8 | Carbonic acid, ammonium zinc salt (2:2:1) | DSL |
49663-84-5 | Zinc chromate hydroxide (Zn5(CrO4)(OH)8) | DSL |
50922-29-7 | Chromium zinc oxide | DSL |
51810-70-9 | Zinc phosphide | R-ICL |
61617-00-3 | 2H-Benzimidazole-2-thione, 1,3-dihydro-4(or 5)-methyl-, zinc salt (2:1) | DSL |
68457-79-4 | Phosphorodithioic acid, mixed O,O-bis(iso-Bu and pentyl) esters, zinc salts | DSL |
68611-70-1 | Zinc sulfide (ZnS), copper chloride-doped | DSL |
68649-42-3 | Phosphorodithioic acid, O,O-di-C1-14-alkyl esters, zinc salts | DSL |
68784-31-6 | Phosphorodithioic acid, mixed O,O-bis(sec-Bu and 1,3-dimethylbutyl) esters, zinc salts | DSL |
68918-69-4 | Petrolatum (petroleum), oxidized, zinc salt | DSL |
68988-45-4 | Phosphorodithioic acid, mixed O,O-bis(2-ethylhexyl and iso-Bu and pentyl) esters, zinc salts | DSL |
73398-89-7 | Xanthylium, 3,6-bis(diethylamino)-9-[2-(methoxycarbonyl)phenyl]-, (T-4)-tetrachlorozincate(2-) (2:1) | DSL |
84605-29-8 | Phosphorodithioic acid, mixed O,O-bis(1,3-dimethylbutyl and iso-Pr) esters, zinc salts | DSL |
85940-28-9 | Phosphorodithioic acid, mixed O,O-bis(2-ethylhexyl and iso-Bu and iso-Pr) esters, zinc salts | DSL |
102868-96-2 | Zinc, bis[N-(acetyl-.kappa.O)-L-methioninato-.kappa.O]-, (T-4)- | R-ICL |
113706-15-3 | Phosphorodithioic acid, mixed O,O-bis(sec-Bu and isooctyl) esters, zinc salts | DSL |
1434719-44-4 | Protein hydrolyzates, Saccharomyces cerevisiae zinc complexes | R-ICL |
DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of chlorhexidine and its salts, including those specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas chlorhexidine diacetate and chlorhexidine dihydrochloride are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the screening assessment conducted on chlorhexidine and its salts pursuant to paragraphs 68(b) and (c) or section 74 of the Act is annexed hereby;
And whereas it is concluded that the substances meet one or more of the criteria set out in section 64 of the Act,
Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that chlorhexidine and its salts be added to Schedule 1 of the Act.
Notice is furthermore given that the ministers have released a proposed risk management approach document for chlorhexidine and its salts on the Canada.ca (Chemical Substances) website to continue discussions with stakeholders on the manner in which the ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance.
Public comment period on the risk management approach
Any person may, within 60 days after publication of the proposed risk management approach document, file with the Minister of the Environment written comments on the proposed risk management approach document. More information regarding the proposed risk management approach may be obtained from the Canada.ca (Chemical Substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819‑938‑5212, or by email to eccc.substances.eccc@canada.ca.
In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.
Catherine McKenna
Minister of the Environment
Ginette Petitpas Taylor
Minister of Health
ANNEX
Summary of the screening assessment of chlorhexidine and its salts
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 chlorhexidine and its salts, including (but not limited to) the salts listed in the table below. These 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 concerns. In July 2013, a draft screening assessment for chlorhexidine diacetate (then referred to as chlorhexidine acetate) was published in which it was proposed to conclude that it was not harmful to human health, but was harmful to the environment. Significant new information subsequently became available regarding other potential sources of exposure to the chlorhexidine moiety. As a result, a subsequent draft screening assessment was published on August 19, 2017, that assessed the chlorhexidine moiety to consider potential impacts on the environment and human health with respect to exposure from other potential sources of chlorhexidine.
The Chemical Abstracts Service Registry Numbers (CAS RNs footnote 2), the Domestic Substances List (DSL) names or chemical names, and the common names of chlorhexidine and its salts are listed in the table below.
CAS RN | DSL name or chemical name | Common name |
---|---|---|
55-56-1 table b2 note a table b2 note b | 2,4,11,13-Tetraazatetradecanediimidamide, N,N ″-bis(4-chlorophenyl)-3,12-diimino- | Chlorhexidine |
56-95-1 | 2,4,11,13-Tetraazatetradecanediimidamide, N,N ″-bis(4-chlorophenyl)-3,12-diimino-, diacetate | Chlorhexidine diacetate |
3697-42-5 table b2 note b | 2,4,11,13-Tetraazatetradecanediimidamide, N,N ″-bis(4-chlorophenyl)-3,12-diimino-, dihydrochloride | Chlorhexidine dihydrochloride |
18472-51-0 table b2 note a | D-Gluconic acid, compound with N,N ″-bis(4-chlorophenyl)-3,12-diimino-2,4,11,13-tetraazatetradecanediimidamide | Chlorhexidine digluconate |
Table b2 notes
|
Chlorhexidine and its salts do not occur naturally. Surveys have been conducted under section 71 of CEPA for chlorhexidine (reporting year 2011), chlorhexidine diacetate (reporting years 2005, 2006 and 2011), chlorhexidine digluconate (reporting year 2011), and chlorhexidine dihydrochloride (reporting year 2015), with voluntary information being submitted for chlorhexidine dihydrochloride for 2013. None of these substances were reported to be manufactured in Canada for the years reported. Chlorhexidine diacetate and chlorhexidine dihydrochloride were reported to be imported into Canada in quantities of 1 000 to 10 000 kg, while imports of chlorhexidine digluconate were reported to be in the range of 10 000 to 100 000 kg. No data on measured concentrations in the Canadian environment have been identified for any of these substances. Chlorhexidine and its salts are used in Canada as broad-spectrum antiseptics and antimicrobial preservatives in products such as cosmetics, natural health products, prescription and non-prescription drugs for human or veterinary uses, and hard-surface disinfectants.
Releases of chlorhexidine and its salts to the Canadian environment come from consumer use and formulation of chlorhexidine-based products. Releases are expected to be diffuse (i.e. down the drain from the use of products containing chlorhexidine or its salts), as well as from point sources (e.g. from sites formulating products containing chlorhexidine or its salts). When released to the aquatic environment, chlorhexidine salts dissociate in water to release chlorhexidine. Information on the fate and behaviour in the environment of chlorhexidine indicates that this substance tends to persist in water, sediment and soil, and it has a low potential to bioaccumulate in aquatic organisms. Experimental acute and chronic toxicity data for chlorhexidine and its salts show that chlorhexidine has the potential to cause adverse effects to aquatic organisms at low concentrations. Ecological exposure scenarios were developed for down-the-drain releases from uses of products containing these substances, as well as for releases from industrial sites formulating products containing these substances, using a combination of results from monitoring and modelling. Risk quotient analyses were conducted to compare aquatic concentrations of chlorhexidine to adverse effect concentrations on aquatic and benthic organisms. The results indicate that chlorhexidine and its salts pose a risk to aquatic and benthic organisms when released as a result of industrial use, but not from the use of products containing these substances (down-the-drain releases).
Considering all available lines of evidence presented in this screening assessment, there is a risk of harm to the environment from chlorhexidine and its salts. It is concluded that chlorhexidine and its salts meet the criteria under paragraph 64(a) of CEPA, as they are entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. However, it is concluded that chlorhexidine and its salts do not meet the criteria under paragraph 64(b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends.
General population exposure to chlorhexidine and its salts from environmental media is expected to be low. Considering current use patterns, exposure is not expected from the diet. General population exposure can occur from the use of cosmetics and natural health products containing chlorhexidine or its salts.
No evidence of carcinogenicity or genotoxicity was observed in the available health effects database for chlorhexidine and its salts. The margins between estimates of exposure from environmental media and from use of products available to consumers and levels associated with effects in laboratory studies are considered adequate to address uncertainties in the health effects and exposure databases. On the basis of available information for human health considerations, it is concluded that chlorhexidine and its salts 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 chlorhexidine and its salts meet one or more of the criteria set out in section 64 of CEPA.
It has also been determined that chlorhexidine moiety meets the persistence criteria but not the bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.
The screening assessment and the risk management approach document for chlorhexidine and its salts are available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Update to Canadian Ambient Air Quality Standards for ozone
Whereas the Minister of the Environment wishes to set ambient air quality standards issued as environmental quality objectives specifying goals or purposes for pollution prevention or environmental control that lead to improved air quality, healthier communities and the protection of the environment;
Whereas the Minister of Health wishes to preserve and improve public health;
Whereas the Minister of the Environment and the Minister of Health have worked collaboratively with provinces and territories, Indigenous peoples’ representatives, and stakeholders from industry, health, and environmental organizations through a consensus-based process under the Canadian Council of Ministers of the Environment for the review and update of the Canadian Ambient Air Quality Standards for ozone;
Whereas that process resulted in a conclusion that a more stringent ozone objective is necessary in order to drive further improvements in air quality across Canada;
Whereas the Minister of the Environment has offered to consult provincial and territorial governments and members of the National Advisory Committee of the Canadian Environmental Protection Act, 1999 who are representatives of Indigenous peoples, in compliance with subsection 54(3) of the Act;
Whereas at least 60 days have elapsed following the day on which the Minister of the Environment offered to consult in accordance with subsection 54(3) of the Act;
And whereas the new objective for ozone relates to the environment, an area identified in paragraph 54(2)(a) of the Act, and to elements of the environment that may affect the life and health of Canadians, as specified in subsection 55(1) of the Act,
Now, therefore, the Minister of the Environment, pursuant to subsection 54(1) of the Act, and the Minister of Health, pursuant to subsection 55(1) of the Act, issue the new objective for ambient ozone as described in the Annex.
June 29, 2019
The Honourable Catherine McKenna
Minister of the Environment
The Honourable Ginette Petitpas Taylor
Minister of Health
ANNEX
1. The Canadian Ambient Air Quality Standards (CAAQS) for ozone (O3) are based on three interrelated elements:
- (i) An averaging time,
- (ii) A concentration standard (or “numerical value”) associated with the averaging time, and
- (iii) The statistical form, which describes the calculation method for the specific concentration that must be used for comparison to the standard to determine if the concentrations measured at a monitoring station exceed the standard.
2. The new CAAQS for ozone is provided in the table below.
Averaging Time | Standard |
Statistical Form of the Standard |
---|---|---|
8 hour | 60 ppb table b3 note * | The 3-year average of the annual 4th highest of the daily maximum 8-hour average ozone concentrations |
Table b3 note
|
3. The CAAQS for ozone for the year 2025 will come into effect as of 12:00 a.m. (midnight) on January 1, 2025.
4. At that time, this new CAAQS will replace the existing CAAQS for ozone published in the Canada Gazette, Part I, on May 25, 2013.
5. A review of the CAAQS for ozone will be undertaken as needed to ensure it is reflective of the latest science and health information.
EXPLANATORY NOTE
(This explanatory note is not part of the Notice.)
Ground-level ozone footnote 3 (ozone) is one of the major components of smog, one of the most recognizable air quality problems in Canada. There is clear scientific evidence that ozone can aggravate existing medical conditions such as asthma, heart disease and diabetes. Short-term increases in ozone levels are associated with increased lung problems, hospital admissions and medical visits and premature mortality. Ozone can also lead to damaging effects on the environment. Ozone is harmful to animals’ respiratory systems, is damaging to crops and forests, and can oxidize building materials. Ozone is also a potent greenhouse gas and a short-lived climate pollutant that contributes to near-term climate change. Ozone is considered a “secondary” pollutant, as it is not emitted directly into the atmosphere from human activities, but is formed in the atmosphere through a series of complex chemical reactions involving the precursor gases nitrogen oxides and volatile organic compounds in the presence of sunlight. Long-range transport of ozone and its precursors and exceptional events such as forest fires can also lead to increased local ozone levels.
All CAAQS are developed considering health and environmental impacts and are intended to drive continuous improvement of air quality in Canada. The CAAQS are developed collaboratively by Health Canada, Environment and Climate Change Canada, provinces, territories, Indigenous peoples’ representatives, and stakeholders from industry, health, and environmental organizations through a consensus-based process under the Canadian Council of Ministers of the Environment (CCME).
The CAAQS are a key element of the Air Quality Management System (AQMS), a collaborative approach implemented by federal, provincial and territorial governments for improving air quality in Canada and for protecting the health of Canadians and the environment. In October 2012, the CCME endorsed 2015 and 2020 CAAQS for ground-level ozone. Subsequent to their endorsement, the federal government established these CAAQS as ambient air quality objectives in May 2013 under the authority of the Canadian Environmental Protection Act, 1999.
As part of the establishment of the ozone CAAQS, the CCME agreed to undertake a review of the 2020 CAAQS and consider recommendations for new CAAQS for 2025. The CCME initiated the review in 2017 and, in June 2019, endorsed updated CAAQS for ozone for 2025. The 2025 ozone CAAQS are more stringent than the existing CAAQS and will drive continuous improvement in air quality across the country, further protecting the health of Canadians and sensitive ecosystems.
The AQMS is comprehensive, considering all significant sources of air pollutant emissions, and providing a consistent yet flexible framework to implement air quality management actions. These actions are guided by the Air Zone Management Framework footnote 4 of the AQMS, which includes four colour-coded air quality management levels that encourage progressively more rigorous actions by jurisdictions as air quality approaches or exceeds the CAAQS, thereby ensuring that the CAAQS are not pollute-up-to levels.
The management levels for the CAAQS for ozone in 2025 are summarized in the table below. Management levels for the existing 2015 and 2020 ozone CAAQS are also shown for context.
Air Quality Management Levels footnote 5 and Goals | Ozone Concentrations Associated with Management Level table b4 note * (ppb) | ||
---|---|---|---|
2015 | 2020 | 2025 | |
RED Reduce ambient air pollutant concentrations below the CAAQS |
>63 | >62 | >60 |
ORANGE Prevent CAAQS exceedance |
57–63 | 57–62 | 57–60 |
YELLOW Prevent air quality deterioration |
51–56 | 51–56 | 51–56 |
GREEN Keep clean areas clean |
≤ 50 | ≤ 50 | ≤ 50 |
Table b4 note
|
To assist in the management of air quality, provinces and territories have delineated their jurisdictions into local areas called air zones that have different air quality characteristics that are influenced by the number and type of air pollutant sources, meteorology and topography. Provinces and territories lead air quality management actions in the air zones, guided by a number of guidance documents developed by the CCME in consultation with stakeholders.
Under the AQMS, federal, provincial and territorial governments have agreed to report regularly on air quality and on the management actions undertaken to improve air quality.
DEPARTMENT OF FINANCE
BANK ACT
SMBC Rail Services Canada ULC and Sumitomo Mitsui Financial Group, Inc. and its affiliates — Order deeming entities not to be entities associated with a foreign bank
Pursuant to subsection 507(19) of the Bank Act, notice is hereby given of the issuance, pursuant to section 3 of the Entity Associated with a Foreign Bank Regulations, of an order deeming SMBC Rail Services Canada ULC not to be an entity associated with a foreign bank for the purposes of paragraphs 510(1)(a) and (b) of the Bank Act. The order also deems Sumitomo Mitsui Financial Group, Inc. and its affiliates not to be entities associated with a foreign bank for the purposes of paragraph 510(1)(d) of the Bank Act, provided that with respect to Sumitomo Mitsui Financial Group, Inc. and each of its affiliates, the order only applies in relation to those entities’ control of, or substantial investment in, SMBC Rail Services Canada ULC. The order was effective as of March 15, 2019.
William Morneau
Minister of Finance
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Proposed guideline for Canadian drinking water quality for aluminum
Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline for Canadian drinking water quality for aluminum. The proposed guideline document is available from June 28, 2019, to August 30, 2019, on the Water Quality website. Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments must be sent to the Secretariat of the Federal-Provincial-Territorial Committee on Drinking Water, either by email at HC.water-eau.SC@canada.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, A.L. 4903D, Ottawa, Ontario K1A 0K9.
June 10, 2019
David Morin
Director General
Safe Environments Directorate
On behalf of the Minister of Health
ANNEX
Proposed guideline
A maximum acceptable concentration (MAC) of 2.9 mg/L is proposed for total aluminum in drinking water and an operational guidance (OG) value of 0.050 mg/L for total aluminum is proposed to optimize water treatment and distribution systems.
Executive summary
This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and assesses all available information on aluminum.
Exposure
Aluminum is a metal widely distributed in nature. It may be present in water from natural sources or as a result of human activities. This metal is used for many purposes: in the production of construction materials, vehicles, aircraft, electronics, pharmaceuticals and personal care products; as a food additive; and as a component of food packaging materials. Aluminum salts are commonly added as coagulants during water treatment to remove turbidity, organic matter and microorganisms. Aluminum is also an impurity found in other water treatment chemicals and can leach into drinking water from cement mortar pipes or linings.
The Canadian population is exposed to aluminum from its presence in the environment and in a variety of products and processes. The main source for Canadians’ exposure is through food, followed sequentially by exposure through soil, drinking water and air. Aluminum concentrations in water vary across Canada, with surface water generally presenting higher concentrations than groundwater. Intake of aluminum from drinking water is not expected to occur through either skin contact or inhalation.
Health effects
Aluminum is not an essential element. Studies in humans have found possible associations between aluminum ingestion and diseases of the nervous system. However, these studies have a number of design limitations and do not provide strong evidence that aluminum can cause these diseases. Studies in animals have consistently observed adverse effects on the nervous system following ingestion of high levels of aluminum, which supports effects seen in human studies. The proposed MAC of 2.9 mg/L is based on neurological effects observed in rats.
Operational and aesthetic considerations
Aluminum can act as an accumulation sink for such other contaminants as arsenic, chromium, manganese and nickel and can influence the concentrations of lead and copper. An OG of 0.050 mg/L is proposed for both the entry point and distribution system to minimize the potential accumulation and release of aluminum and co-occurring contaminants.
Aluminum can coat water mains, service lines and water meters, resulting in pressure losses, meter malfunctions or turbid/discoloured water. An OG of 0.050 mg/L is proposed for both the entry point and the distribution system to avoid these issues as well.
Analysis and treatment
Several methods are available for analyzing total aluminum in drinking water at concentrations well below the proposed MAC and OG. Online or portable colorimetric analyzers are important tools for obtaining a rapid indication of changes to aluminum concentrations. These measurements can be used to make quick treatment adjustments, which are critical for effective plant operation. Water utilities should confirm with the responsible drinking water authority in the affected jurisdiction whether results from these units can be used for compliance reporting.
Water treatment strategies should minimize the aluminum concentration that enters the distribution system from the treatment plant. For water treatment plants using aluminum-based coagulants, the aluminum residual is an important process parameter (like pH, temperature, turbidity and other measurements) to achieve optimum coagulation. Strict pH control and adequate coagulant dosing are necessary to optimize coagulation and minimize aluminum residual concentrations. It is important to note that coagulant under-dosing can result in substantial deterioration of pathogen removal capability. Strategies to minimize residual aluminum concentrations should not compromise the removal effectiveness of pathogens or natural organic matter (NOM) [i.e. disinfection by-product precursors].
Measures should also be in place to minimize the contribution of aluminum from other water treatment chemicals.
For naturally occurring aluminum in source water, the only known effective treatment technology is coagulation, which is not typically undertaken in small systems or private water supplies. In cases where aluminum removal is required and coagulation is not feasible, the responsible drinking water authority in the affected jurisdiction should be contacted to discuss possible options.
Distribution system
It is recommended that water utilities develop a distribution system management plan to minimize the accumulation and release of aluminum and co-occurring contaminants in the system. This typically involves minimizing the aluminum concentration entering the distribution system and implementing best practices to maintain stable chemical and biological water quality conditions throughout the system, as well as to minimize physical and hydraulic disturbances.
Application of the guideline
Note: Specific guidance related to the implementation of drinking water guidelines should be obtained from the appropriate drinking water authority in the appropriate jurisdiction.
Due to the effect of pH, temperature and NOM on aluminum concentrations, seasonal trends can be highly relevant, even for systems that do not add coagulants. Treatment modifications or other operational practices can also impact aluminum concentrations. Water utilities should therefore carefully monitor total aluminum concentrations, from the source through to the distribution system, as concentrations can change. Site-specific monitoring plans should be developed to capture all seasonal water quality conditions for comparison with the proposed OG of 0.050 mg/L.
Total aluminum in drinking water, based on a locational running annual average of a minimum of quarterly samples taken in the distribution system, should be calculated for comparison with the proposed MAC of 2.9 mg/L.
International considerations
Other national and international organizations have drinking water guidelines, standards and/or guidance values. Variations in these values can be attributed to the age of the assessments or to differing policies and approaches, including the choice of key study and the use of different consumption rates, body weights and source allocation factors.
The United States Environmental Protection Agency (U.S. EPA), the European Union and Australia’s National Health and Medical Research Council have not established health-based regulatory limits for aluminum in drinking water. Rather, these agencies and other international agencies have set OG values ranging from 0.050 mg/L to 0.20 mg/L, based on aesthetic or operational considerations.
In its 2010 assessment of aluminum in drinking water, the World Health Organization (WHO) calculated a non-regulatory health-based value of 0.9 mg/L, but highlighted the importance of not exceeding the practicable levels of 0.1–0.2 mg/L. The proposed Canadian guideline differs from the WHO’s health-based value because Canada takes into consideration advancements in science since 2010. The WHO assessment is based on the Joint Food and Agriculture Organization of the United Nations/WHO Expert Committee on Food Additives’s (JECFA) previous Provisional Tolerable Weekly Intake (PTWI) for aluminum of 1 mg/kg body weight per day (JECFA, 2007). JECFA has since revised its PTWI to 2 mg/kg body weight per day (JECFA, 2012) based on the key study, Poirier et al., 2011, that is used in the Canadian guideline.
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.
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.
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 |
---|---|---|---|
Fluid Energy Group Ltd. | Enviro-Syn® HCR-3000CEF | C.i. and C. of one ingredient | 03319234 |
3M Canada Company | 3M™ Polyurethane Adhesive Sealant 550 Fast Cure | C. of three ingredients | 03329295 |
3M Canada Company | 3M™ Fire Barrier Rated Foam, FIP 1-Step Part A | C.i. of one ingredient | 03329297 |
Win Manuco Ltd. | iQLF | C.i. and C. of two ingredients | 03329320 |
Henkel Canada Corporation | TECHNOMELT PUR 513C | C.i. and C. of one ingredient | 03329335 |
Allnex Canada Inc., c/o Goodmans, LLP | MODAFLOW® Resin | C.i. and C. of one ingredient | 03329449 |
Allnex Canada Inc., c/o Goodmans, LLP | MODAFLOW® 2100 Additives | C.i. and C. of one ingredient | 03329450 |
Allnex Canada Inc., c/o Goodmans, LLP | MULTIFLOW® Resin | C.i. and C. of one ingredient | 03329452 |
Jacam Manufacturing, 2013, LLC | SuperCorr® X Part A | C.i. of one ingredient | 03329581 |
ROHM AND HAAS CANADA LP | MONOMER QM-516 | C.i. of one ingredient | 03329615 |
Atotech Canada Ltd. | Stannatech SF 8 VK | C.i. and C. of one ingredient | 03329713 |
Chevron Oronite Company LLC | CS 4400 | C.i. of four ingredients | 03329714 |
AVISTA TECHNOLOGIES Inc. | Vitec 1400 | C.i. and C. of two ingredients | 03329892 |
AVISTA TECHNOLOGIES Inc. | Vitec 3000 | C.i. and C. of two ingredients | 03329893 |
Akzo Nobel Surface Chemistry LLC | REDICOTE E-4819 | C.i. of three ingredients | 03329908 |
Baker Hughes Canada Company | BPC 68156 CORROSION INHIBITOR | C.i. and C. of one ingredient C.i. of one ingredient |
03329909 |
Nalco Canada ULC | FCC4000WC | C.i. and C. of one ingredient | 03330168 |
Cambrian Solutions Inc. | Camsolv S0 | C.i. of one ingredient | 03330169 |
Baker Hughes Canada Company | RE32553 | C.i. and C. of two ingredients | 03330434 |
Nalco Canada ULC | PROE27105A | C.i. and C. of two ingredients | 03330645 |
ECO-TEC Inc | ECO BRINE-XLH | C.i. of two ingredients | 03330749 |
Quantum Chemical Ltd. | SafeCoat Clear II Part A | C.i. of one ingredient | 03330779 |
Ingevity Corporation | INDULIN MQ3 | C.i. of one ingredient | 03331166 |
Henkel Canada Corporation | Loctite Eccobond NCP 5209 | C.i. of six ingredients | 03331167 |
Allnex Canada Inc., c/o Goodmans, LLP | PC-1644® Defoamer | C.i. of one ingredient | 03331232 |
Albemarle Corporation | KF-772 | C.i. and C. of two ingredients | 03331233 |
3M Canada Company | 3M™ Fire Retardant Protective Coating - EC-8027 CLR Clear Base Coat | C.i. of five ingredients | 03331329 |
Ingevity Corporation | QPR-SQe | C.i. and C. of two ingredients | 03331336 |
Toyota Tsusho Canada Inc. | PELECTRON PVL | C.i. of one ingredient | 03331486 |
Toyota Tsusho Canada Inc. | PELECTRON PVH | C.i. of two ingredients | 03331495 |
Toyota Tsusho Canada Inc. | PELECTRON AS | C.i. of one ingredient | 03331510 |
Toyota Tsusho Canada Inc. | PELESTAT 230 | C.i. of one ingredient | 03331511 |
AVISTA TECHNOLOGIES Inc. | RoClean L211 | C.i. and C. of five ingredients C. of one ingredient |
03331675 |
AVISTA TECHNOLOGIES Inc. | RoClean P111 | C.i. and C. of three ingredients C. of two ingredients |
03331682 |
AVISTA TECHNOLOGIES Inc. | RoClean P303 | C.i. and C. of three ingredients C. of one ingredient |
03331683 |
AVISTA TECHNOLOGIES Inc. | RoClean P611 | C.i. and C. of three ingredients C. of two ingredients |
03331685 |
AVISTA TECHNOLOGIES Inc. | RoClean P703 | C.i. and C. of three ingredients C. of one ingredient |
03331689 |
AVISTA TECHNOLOGIES Inc. | RoQuest 3000 | C.i. and C. of two ingredients | 03331696 |
AVISTA TECHNOLOGIES Inc. | AntiChlor 427 | C.i. and C. of one ingredient | 03331703 |
AVISTA TECHNOLOGIES Inc. | SafeGuard 100 | C.i. and C. of three ingredients | 03331704 |
AVISTA TECHNOLOGIES Inc. | RoCide IS2 | C.i. and C. of two ingredients C. of one ingredient |
03331705 |
AVISTA TECHNOLOGIES Inc. | RoClean L403 | C.i. and C. of one ingredient C. of two ingredients |
03331706 |
AVISTA TECHNOLOGIES Inc. | Vitec 5100 | C.i. and C. of two ingredients | 03331707 |
Nalco Canada ULC | CORE SHELL® 71306 | C.i. of one ingredient | 03331788 |
AVISTA TECHNOLOGIES Inc. | Vitec 7000 | C.i. and C. of two ingredients | 03331808 |
AVISTA TECHNOLOGIES Inc. | RoClean P112 | C.i. and C. of two ingredients C. of two ingredients |
03331809 |
Baker Hughes Canada Company | RE34114TAN TAN Reduction Aid | C.i. and C. of one ingredient | 03331811 |
AVISTA TECHNOLOGIES Inc. | Vitec 4000 | C.i. and C. of two ingredients | 03331812 |
Note: C.i. = chemical identity and C. = concentration
DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Name and position | Order in Council |
---|---|
Bourassa Forcier, Mélanie | 2019-773 |
Patented Medicine Prices Review Board | |
Member and Vice-chairperson | |
Bourque, Christa, Q.C. | 2019-630 |
Court of Queen’s Bench of New Brunswick, Family Division | |
Judge | |
Court of Appeal of New Brunswick | |
Judge ex officio | |
Court of Queen’s Bench of New Brunswick, Trial Division | |
Judges | |
Court of Appeal of New Brunswick | |
Judges ex officio | |
Doyle, Arthur T. | 2019-631 |
Dysart, Robert, Q.C. | 2019-632 |
DeWare, The Hon. Tracey K. | 2019-625 |
Court of Queen’s Bench of New Brunswick | |
Chief Justice | |
Court of Appeal of New Brunswick | |
Judge ex officio | |
Faullem, The Hon. Jean | 2019-626 |
Superior Court of Quebec for the district of Gatineau, Labelle and Pontiac | |
Puisne Judge | |
Immigration and Refugee Board | |
Full-time members | |
Bousfield, Joel Armstrong | 2019-670 |
Braden, Cheryl Marie | 2019-708 |
Harrison, Christopher Gerald | 2019-671 |
Lamani, Mokhtar | 2019-772 |
Lourenco, Jessica Ramires | 2019-673 |
Maxwell, Caitlin Maureen | 2019-707 |
McGovern, Karen Lorraine | 2019-672 |
Schwarz, Madeleine Jane | 2019-706 |
Thibault, Marie-Lyne | 2019-709 |
McDonald, Elizabeth | 2019-633 |
Supreme Court of British Columbia | |
Judge | |
National Farm Products Council | |
Member | |
Faulkner, Joelle Abra | 2019-702 |
Member and Vice-Chairperson | |
Bonnett, Ronald | 2019-701 |
National Research Council of Canada | |
Members | |
Bakker, Karen J. | 2019-649 |
Beauchamp, Norma | 2019-651 |
Blum, Susan | 2019-648 |
Hoemsen, Raymond Peter | 2019-652 |
Murphy, Steven A. | 2019-650 |
Rivard, Pierre | 2019-653 |
Superior Court of Quebec for the district of Montréal | |
Puisnes Judges | |
Edwards, The Hon. Jeffrey | 2019-627 |
Gagnon, Anne-France | 2019-628 |
Harvie, Judith | 2019-629 |
June 20, 2019
Diane Bélanger
Official Documents Registrar
DEPARTMENT OF TRANSPORT
AERONAUTICS ACT
Interim Order No. 2 Respecting Battery-powered Hand-held Lasers
Whereas the annexed Interim Order No. 2 Respecting Battery-powered Hand-held Lasers is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to section 4.9 footnote g, paragraphs 7.6(1)(a) footnote h and (b) footnote i and section 7.7 footnote j of the Aeronautics Act footnote k;
And whereas, pursuant to subsection 6.41(1.2) footnote l of that Act, the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances before making the annexed Order,
Therefore, the Minister of Transport, pursuant to subsection 6.41(1) footnote l of the Aeronautics Act footnote k, makes the annexed Interim Order No. 2 Respecting Battery-powered Hand-held Lasers.
Ottawa, June 10, 2019
Marc Garneau
Minister of Transport
Interim Order No. 2 Respecting Battery-powered Hand-held Lasers
Interpretation
Definition of Regulations
1 (1) In this Interim Order, Regulations means the Canadian Aviation Regulations.
Interpretation
(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.
Conflict
(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.
Designated Provision
Designation
2 (1) The provision set out in column I of the schedule is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum amounts
(2) The amounts set out in column II of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provision set out in column I.
Notice
(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
- (a) the particulars of the alleged contravention;
- (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
- (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
- (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
- (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.
Application
Battery-powered hand-held lasers
3 This Interim Order applies in respect of battery-powered hand-held lasers with a power output rating greater than 1 milliwatt.
Prohibited Zones
Prohibition
4 (1) No person shall have in their possession a battery-powered hand-held laser
- (a) in the municipalities of the Montréal, Toronto and Vancouver regions listed in the table to this subsection; or
- (b) within a 10-km radius of the geometric centre of an airport or heliport.
Montréal region | Toronto region | Vancouver region |
---|---|---|
Boucherville | Brampton | Burnaby |
Côte-Saint-Luc | Halton Hills | Coquitlam |
Dollard-des-Ormeaux | Markham | Delta |
Dorval | Mississauga | New Westminster |
Hampstead | Toronto | North Vancouver (City) |
Laval | Vaughan | Port Coquitlam |
Longueuil | Richmond | |
Montréal | Vancouver | |
Montréal-Est | ||
Montréal-Ouest | ||
Pointe-Claire | ||
Rosemère | ||
Saint-Lambert | ||
Westmount |
(2) Subsection (1) does not apply if
- (a) the laser is in a dwelling-house; or
- (b) the person is in possession of the laser for a legitimate reason, including
- (i) the person uses the laser for occupational or business purposes,
- (ii) the person uses the laser for educational purposes,
- (iii) the person is transporting the laser in the course of their employment, and
- (iv) the person is a member of an astronomical society.
Repeal
5 The Interim Order Respecting Batterypowered Hand-held Lasers, made on June 28, 2018, is repealed if this Interim Order is made before the Interim Order Battery-powered Hand-held Lasers ceases to have effect.
SCHEDULE
(Subsections 2(1) and (2))
Column I Designated Provision |
Column II Maximum Amount of Penalty ($) |
|
---|---|---|
Individual | Corporation | |
Subsection 4(1) | 5,000 | 25,000 |
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
This Order approves Interim Order No. 2 Respecting Battery-powered Hand-held Lasers (“the Interim Order”) made under subsection 6.41(1) of the Aeronautics Act (the Act) by the Minister of Transport on June 10, 2019.
Content of the Interim Order
The Interim Order applies to all battery-operated hand-held lasers with an output of greater than 1 milliwatt (mW). Hand-held lasers with varying strengths may be used for professional, business, or recreational purposes. For example, in the construction industry, a hand-held laser may be used to measure distances. For astronomy societies, hand-held lasers are an important tool used during demonstrations to explore the night sky.
The Interim Order prohibits possession of all battery-operated hand-held lasers with an output of greater than 1 mW within a 10 km radius of the geometric centre of an airport or heliport in Canada and within the prescribed municipalities in the Montréal, Toronto and Vancouver regions. If an individual is in possession of a battery-operated hand-held laser within a private dwelling, the Interim Order does not apply. The 10 km radius was developed by Transport Canada subject matter experts (SMEs) calculating the visual effects a laser attack can have upon a pilot operating an aircraft during a critical phase of flight (such as take-off or upon final approach to landing). The closer the laser attack takes place to an airport and the stronger the output of the laser, the more severe the potential consequences are of such an attack.
There are presently 316 certified aerodromes in Canada and 223 certified heliports. In the cases of Montréal, Toronto and Vancouver, the 10 km radiuses of the certified aerodromes and heliports cover the vast majority of the city boundaries and surrounding municipalities. As a result, Transport Canada has decided to clearly define these boundaries in the Interim Order as follows:
Montréal Region | Toronto Region | Vancouver Region |
---|---|---|
Boucherville Côte-Saint-Luc Dollard-des-Ormeaux Dorval Hampstead Laval Longueuil Montréal Montréal-Est Montréal-Ouest Pointe-Claire Rosemère Saint-Lambert Westmount |
Brampton Halton Hills Markham Mississauga Toronto Vaughan |
Burnaby Coquitlam Delta New Westminster North Vancouver (City) Port Coquitlam Richmond Vancouver |
The Interim Order is identical to the Interim Order Respecting Battery-powered Hand-held Lasers made on June 28, 2018, with the exception of some clarifications with respect to the prescribed municipalities of Toronto. The municipalities of East York, Etobicoke, North York and York were removed because they have been amalgamated into the greater City of Toronto.
The Interim Order does not apply to individuals and/or groups with a legitimate reason to be in possession of a hand-held laser within the defined area. The legitimate-use category is intended to have a broad application to ensure that those individuals with a legitimate purpose in possession of a hand-held laser will not be subject to penalty. This has been communicated to delegated authorities as part of a comprehensive training package to ensure the Interim Order does not unnecessarily burden law-abiding citizens. Legitimate uses include possession of a hand-held laser for occupational or business purposes, educational purposes, transporting the laser in the course of professional duties or activities related to an astronomical society.
A legitimate reason may also include transporting a hand-held laser for use outside of the prohibited zone. If asked by a Transport Canada official or delegated authority, the individual must explain why they have a legitimate reason to be in possession of the hand-held laser. These types of exceptions are being clearly communicated in Transport Canada’s proactive national communications approach.
Enforcement authorities will exercise their discretion when deciding how to proceed based on the circumstances of each case. The Interim Order provides additional enforcement tools, but criminal offences always remain an option. This is also addressed as part of the training package disseminated to delegated authorities.
The Interim Order, in accordance with subsection 6.41(2) of the Act, ceases to have effect 14 days after it is made unless it is approved by the Governor in Council (GIC) within that period of time. Should GIC approval be granted, the Interim Order, in accordance with subsection 6.41(3) of the Act, will remain in effect for one year from the day it was made or until regulations having the same effect come into force.
Objective
The objective of this Interim Order is to address the continued risk to aviation safety caused by laser attacks on aircraft. This is accomplished by prohibiting possession of hand-held lasers with an output greater than 1 mW within the immediate vicinity of certified aerodromes and heliports where the majority of laser attacks occur. The intended result is to sustain the encouraging reduction in the number of reported laser attacks on aircraft and maintain enhanced enforcement for offences through immediate issuance of administrative monetary penalties (AMPs). Concomitant benefits are increased deterrence and improved education and awareness.
Background
Laser attacks pose a real danger to flight crew and aviation safety. In Canada, these attacks are reported hundreds of times per year. Hand-held lasers are easily accessible. At present, it is legally permissible in Canada to sell and use hand-held lasers with an output of 5 mW or less. Online retailers may allow consumers to skirt Health Canada regulations under the Canada Consumer Product Safety Act (CCPSA), which limits the power output of hand-held lasers. When misused, hand-held lasers can become a danger to aviation safety. Laser attacks can distract the pilot, create glare that affects the pilot’s vision, or temporarily blind the pilot, resulting in hazardous situations, particularly during the critical phases of flight, such as take-off and landing.
In response to laser attacks on aircraft, Transport Canada implemented a public awareness and education campaign called “Not a Bright Idea” through social media, and information available on its website. Deterrence, education and awareness campaigns alone cannot reduce the number of laser attacks. Laser attacks continue to be reported hundreds of times per year. Improved enforcement tools are therefore essential. Historically, there is a spike in laser attacks over the summer months, highlighting the urgency for the Minister to take immediate action by making this Interim Order with the approach of the summer season.
To address this prevalent and immediate risk to aviation safety, Transport Canada amended the Canadian Aviation Regulations (CARs) to designate section 601.20 (Projection of a Bright Light Source at an Aircraft) and subsection 601.21(1) [Requirement for Notification] as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act, which allows Transport Canada to delegate authority to the Royal Canadian Mounted Police (RCMP) and select police forces. This allows them to immediately enforce the designated provisions through the issuance of AMPs.
The Interim Order provides a bridge between Transport Canada’s current and future legislative or regulatory framework. The Interim Order also responds directly to concerns raised by the aviation industry and its request for the Minister of Transport (the Minister) to take action.
Implications
The Act authorizes the Minister to make an interim order where it is necessary to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public. The Interim Order seeks to address the danger to aviation safety caused by the hundreds of annually reported laser attacks against aircraft.
Through the Interim Order, the prohibition for possession is designated. An individual may be issued an AMP with a maximum penalty of $5,000. For a corporation, the maximum penalty is $25,000.
The Minister’s authority to issue AMPs for offences will continue to be delegated to the RCMP and local law enforcement agencies including those responsible for jurisdictions that correspond to the highest number of reported laser attacks (Toronto, Montréal and Vancouver). These delegated law enforcement agencies will be acting as Transport Canada officials. Based on the circumstances, they may be able to take immediate enforcement action for a contravention by issuing an AMP.
An individual or corporation that has been issued an AMP under this Interim Order must pay the amount of the AMP or file a written request with the Transportation Appeal Tribunal of Canada (TATC) for review. If the individual fails to pay the AMP and does not file a request for review with the TATC within the prescribed time limit, that individual will be deemed to have contravened the designated provision.
The Interim Order Respecting Battery-powered Hand-held Lasers made in June 2018 was supported by an outreach and communications campaign that was proactive and national in scope. Transport Canada has engaged with the public through announcements, its website and social media in order to spread awareness about the Interim Order Respecting Battery-powered Hand-held Lasers, the hand-held laser prohibitions and enforcement activities related to the designated provisions. This campaign will continue. Canadians will be informed they can be in possession of a hand-held laser in a prohibited zone for a legitimate reason, or within private dwellings. The messaging will continue to highlight the safety benefits of these measures and that they do not apply outside of the prohibited zones.
Consultation
Consultations on the Interim Order have included key groups of stakeholders: the aviation industry, law enforcement agencies, hand-held laser users and vendors. The aviation industry had called for action against laser attacks and is therefore generally supportive of the measures to enhance aviation safety. Law enforcement agencies welcomed additional enforcement tools, but raised concerns about the scope and application of the Interim Order. The Royal Astronomical Society of Canada and Fédération des astronomes amateurs du Québec expressed concern given that their members routinely use hand-held lasers for their demonstrations. The Retail Council of Canada reported no concerns about the Interim Order, particularly because its members are bound by the CCPSA.
Transport Canada and Health Canada remain in continuous contact regarding the Interim Order and will ensure future outreach and communications campaigns are clearly aligned to ensure whole-of-government messaging.
In June 2018, Transport Canada launched an online discussion forum called “Let’s Talk Lasers” via its social media channels, including Facebook and Twitter. This allowed Transport Canada to seek out public input on hand-held laser use and safety issues. Participant comments helped Transport Canada better understand laser users, identified knowledge gaps, and effectively targeted its awareness campaign messaging. The results of the Transport Canada social media campaign have been positive. There were 2.6 million impressions (total number of times content was displayed to people) and a reach of 1 million (the number of people who may have seen content). The results of these efforts have informed the making of the Interim Order.
In the spring of 2019, Transport Canada intends to engage with the members of the Canadian Aviation Regulation Advisory Council (CARAC) by releasing a Notice of Proposed Amendment (NPA) to the Canadian Aviation Regulations (CARs) that will introduce Transport Canada’s proposal for regulations to replace the Interim Order. CARAC members and other impacted stakeholders will have 45 days to provide their input to Transport Canada.
Summary
Since the Interim Order Respecting Battery-powered Hand-held Lasers was made in June 2018, Transport Canada consulted with a variety of stakeholders on hand-held lasers, including the Canadian public. Consultations will continue as a permanent solution to the prohibition of hand-held lasers is sought. Laser attack statistics have been encouraging, but this is not a guarantee that the number of reported attacks may not increase once again. Given the broad applicability of the legitimate-use exception provided for in the Interim Order, the majority of Canadians and industries fall into the “legitimate-use” category. This will allow for enforcement efforts to be focused on individuals who are in possession of a hand-held laser they are misusing to pose a danger to aviation safety.
Transport Canada will continue to be proactive in consulting with stakeholders concerning the Interim Order. Transport Canada will review its communications strategy and related tools for proactive engagement with the public, including legitimate and non-legitimate uses of hand-held lasers. This strategy will include public announcements and advertisements, social media campaigns, Transport Canada website page highlights with a focus on deterrence and immediate enforcement.
Contact
Chief
Regulatory Affairs
Policy and Regulatory Services (AARBH)
Civil Aviation, Safety and Security Group
Transport Canada
Place de Ville, Tower C
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone (general inquiries): 613‑993‑7284 or 1‑800‑305‑2059
Fax: 613‑990‑1198
Email: carrac@tc.gc.ca
Internet address: http://www.tc.gc.ca
DEPARTMENT OF TRANSPORT
CANADA MARINE ACT
Port Alberni Port Authority — Supplementary letters patent
WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Port Alberni Port Authority (“Authority”) under the authority of the Canada Marine Act (“Act”), effective July 1, 1999;
WHEREAS Schedule B of the letters patent sets out the federal real property managed by the Authority, and sets out a leasehold interest dated November 13, 1985, between the Province of British Columbia and Port Alberni Harbour Commission (“Lease”);
WHEREAS the Authority wishes to modify Schedule B of its letters patent to reflect changes to the Lease, effective May 15, 2019;
WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent reflecting these changes in Schedule B of its letters patent;
AND WHEREAS the Minister is satisfied that the amendment to the letters patent is consistent with the Act,
NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent are amended as follows:
INTEREST | LANDS TO WHICH INTEREST RELATES |
---|---|
Leasehold interest, pursuant to a head lease, dated for reference November 13, 1985, between the Province of British Columbia and the Port Alberni Harbour Commission, effective May 15, 2019, per an Agreement concluded between the Province of British Columbia and the Port Alberni Port Authority | The ungranted and unreserved land, including foreshore and land covered by water (waterlot), defined as "Crown Land" in the Land Act, R.S.B.C. 1979, as amended, comprising the waters of Alberni Inlet and Trevor Channel, excluding those parts of Tzartus Island and Congreve Island which lie above the high water mark, shown outlined in red on the plan attached to the lease as Annex 2, subject to any alienations heretofore made by the Province of any of the said lands |
2. These supplementary letters patent take effect on the date of issuance.
ISSUED this 12th day of June, 2019.
The Honourable Marc Garneau, P.C., M.P.
Minister of Transport
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 | |
President (Chief Executive Officer) | Canadian Tourism Commission | |
Chairperson | Farm Credit Canada | |
President and Chief Executive Officer | Farm Credit Canada | |
Commissioner | Financial Consumer Agency of Canada | |
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 | |
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 |
TREASURY BOARD SECRETARIAT
Regulatory modernization — Request for stakeholder comments
Effective regulations promote social and economic well-being, protect health and safety, and foster innovation and a competitive business environment. In recent years, the Government of Canada has undertaken a number of initiatives to modernize the Canadian regulatory system and improve its performance for Canadians and businesses. The Treasury Board of Canada Secretariat (TBS) is inviting input from all interested stakeholders on four of these regulatory modernization initiatives through this notice:
- 1. Targeted Regulatory Reviews (Round 2);
- 2. Review of the Red Tape Reduction Act;
- 3. Exploring options to legislate changes to regulator mandates; and
- 4. Suggestions for the next annual Regulatory Modernization Bill.
A summary of each initiative, optional guiding questions, and instructions for submissions are detailed below.
1. Targeted Regulatory Reviews (Round 2)
The Treasury Board of Canada Secretariat is coordinating the three-year targeted Regulatory Review process with federal departments and agencies. Targeted Reviews explore ways to enable regulations to be more agile, transparent and responsive, while continuing to protect the health and safety of Canadians and the environment. This will enable businesses to grow, benefitting all Canadians.
The first round of Regulatory Reviews focused on three high growth sectors: agri-food and aquaculture, health and bio-sciences, and transportation and infrastructure. Findings from the first round of Reviews were published in a “What we heard” report, and have been used to develop Regulatory Roadmaps. The Roadmaps lay out plans for regulatory modernization in each of the targeted sectors. In particular, they respond to irritants raised by stakeholders during the Regulatory Reviews consultation period. The Roadmaps also contain proposals for legislative and regulatory changes, outline plans to update policies and practices, and propose novel approaches (such as pilot projects and regulatory co-development) designed to address the regulation of emerging technologies and better align the regulatory system with industry realities. Responses received from the second round of Reviews will be used to develop a similar set of Roadmaps, and to guide future regulatory modernization initiatives.
If you have previously submitted input to the Canada Gazette consultations concerning regulatory modernization — such as the first round of Regulatory Reviews or regulatory cooperation — and would like elements of your previous submission to be considered again, please indicate this in your response.
The second round of Reviews will focus on the following three areas:
- Clean technology — A Review in this area will explore opportunities for the regulatory system to enhance clean technology innovation, adoption and competitiveness. Clean technology refers broadly to any process, product, or service that reduces environmental impacts in many sectors of the economy, including energy, natural resources, agriculture, transportation, industrial sectors, manufacturing, and water and waste management, among others. A review of this sector is an opportunity to address regulatory barriers, as well as develop new regulatory approaches to enhance clean innovation and competitiveness.
- Digitalization and technology neutrality — A Review in this area is intended to advance digitalization — that is, the development, adoption, and support of digital tools and processes — in the regulatory space and examine existing regulations to support technology neutrality. By examining the potential of digital tools, there are opportunities to simplify the regulatory process and reduce administrative burden. Similarly, technology-neutral regulations enable businesses to adopt technology deemed appropriate to meet regulatory objectives, and reduce the risk that regulations may impede the adoption or use of new technologies.
- International standards — A Review in this area would examine strategic opportunities to better incorporate international standards in regulation, helping to save time and reduce barriers to international trade, while ensuring Canada’s robust standards for health, safety, security, and environmental protection are maintained. It would also examine opportunities for Canada to accelerate its leadership in the development of international standards.
The Treasury Board of Canada Secretariat has prepared the following three questions to guide stakeholder submissions relating to clean technology, digitalization and technology-neutral regulations, and international standards:
- (1) In your view, are there existing regulatory requirements or practices that impede economic development, competitiveness, or growth for your firm or sector? In particular, please identify specific barriers related to clean technology, digitalization, the use of technology-neutral regulations, and the application of international standards in regulations. Please be as specific as possible regarding any burdens and their impact on your firm or sector, including your views on how the federal government should address these issues.
- (2) Are there existing or emerging technologies, processes, or products in your firm or sector, including the clean technology sector, facing barriers because of federal regulations? In particular, please identify how digitalization, technology-neutral regulations, or the application of international standards could reduce the regulatory burden for your firm or sector, or improve your ability to compete. What opportunities do you see for improved user experience in navigating regulatory requirements?
- (3) How can regulations further support innovation in your sector? What opportunities do you see for regulatory experimentation (e.g. pilots or regulatory co-development) in support of clean technology, digitalization, technology-neutral regulations, or the application of international standards in regulation? Please provide concrete examples, if possible.
2. The Red Tape Reduction Act
The Red Tape Reduction Act (RTRA), brought into effect in 2015, sets out requirements for federal departments and agencies to control the growth of administrative burden on business when developing regulations (i.e. the “One-for-One” Rule). When a new or amended regulation increases the administrative burden on business, the Rule requires that the cost be offset by other regulatory changes. The Rule also requires that an existing regulation be repealed each time a new regulation imposes new administrative burden on business. Since 2015, annual reports have been published detailing the results of the “One-for-One” Rule and the application of its exemptions.
The Government of Canada has launched the legislated review of the Red Tape Reduction Act, and is seeking stakeholder input on the Act, its design and implementation, and recommendations for improvement.
The following questions are intended to guide stakeholder submissions:
- (1) Administrative burden is defined in the RTRA as anything that is necessary to demonstrate compliance with a regulation, including the collecting, processing, reporting and retaining of information and the completing of forms. Does this definition capture your interpretation of administrative burden? Please explain why or why not.
- (2) The objective of the RTRA is to control the administrative burden that regulations impose on business. Has the RTRA had an impact on your organization or sector and, if so, how?
- (3) Do you find regulators’ estimates of administrative burden cost in line with your experience or consistent with your own data? Would you be willing to share more of your costing data to provide regulators with more information to design offsets of costs?
- (4) What more should be done to reduce administrative burden? Please provide concrete examples, if possible.
3. Exploring options to legislate changes to regulator mandates
In the Fall Economic Statement 2018, the Government of Canada announced that it would review legislation to assess whether opportunities for legislative changes exist to integrate the assessment of regulatory efficiency and economic growth as an integral part of regulators’ mandates, while ensuring that Canada’s regulatory system continues to prioritize the health, safety, security, and social and economic well-being of Canadians, and a sustainable environment.
In response, TBS is considering the development of key principles related to efficiency and economic growth that would become part of the required analysis that regulators must perform as part of the regulatory development process. Through the regulatory impact analysis statements that are published with all regulatory proposals, stakeholders would have the opportunity to assess and provide input. Departments and agencies would receive guidance on the expectations for this analysis through policy documents and the central regulatory oversight function performed by the Treasury Board.
The following questions are intended to guide stakeholder submissions:
- (1) What approaches should TBS consider to legislate regulatory efficiency and economic growth as an integral part of regulatory mandates?
- (2) How should the Government measure the impact of regulations on competitiveness?
- (3) How should the Government define and measure the cumulative burden of regulation?
- (4) What should regulators consider to achieve positive impacts on competitiveness and their regulatory objectives (i.e. objectives to protect or improve health, safety, security, social and economic well-being, and the environment)?
4. Suggestions for the next annual Regulatory Modernization Bill
Announced in the Government’s Fall Economic Statement 2018, the Regulatory Modernization Bill is a new annual mechanism designed to remove outdated and redundant requirements embedded in legislation that impede federal regulators from making changes to keep pace with innovation and technology, and to modernize requirements and practices. The Bill will allow for the subsequent modernization of associated regulations. This annual exercise aims to help keep regulations current, to better reflect the realities of today’s fast-paced environment.
TBS is seeking input from Canadians to identify specific areas of legislation that currently prevent regulations from being agile and responsive.
The following questions are intended to guide stakeholder submissions:
- (1) Is there legislation that prohibits the regulatory flexibility and/or experimentation necessary to allow emerging technologies to enter the market?
- (2) Is there legislation that requires regulated parties to make use of outmoded technologies and practices (e.g. fax machines, wet signatures) that should be updated?
- (3) Are there any federal legislative requirements that are duplicative, redundant, out-of-date, or unclear?
TBS will keep track of all suggestions. They will also be provided to the responsible regulatory department or agency for their consideration in the 2020 or future Annual Regulatory Modernization Bill. Timing for the 2020 Bill is yet to be determined.
Submissions
The Government of Canada is inviting all Canadians and stakeholder groups to comment on the regulatory modernization initiatives included in this notice. Please indicate the initiative and provide your input by September 5, 2019. Submissions can be sent to RCD-DCMR@tbs-sct.gc.ca.
In the interest of transparency of the consultation process, the Government of Canada is planning to make public the responses received or will provide summaries in its public documents. To meet the usability requirements for Government of Canada websites, please provide your response in any of the following formats: .doc, .docx, .odf, .txt, or .rtf or HTML.
In addition, please clearly indicate the name of the individual or the organization that should be identified as having made the submission and advise
- whether any portions of your submission are to be kept confidential (if so, clearly identify the portions that are confidential information); and
- whether you would like your identity to be removed prior to publication.
Information received throughout this submission process is subject to the Access to Information Act and the Privacy Act. Should you express an intention that your submission, or any portions thereof, be considered confidential, the Government of Canada will make all reasonable efforts to protect this information.
The handling of any personal information collected in this submission process is described in the standard personal information bank Outreach Activities PSU 938.
Contact
Brennen Young
Director
Policy and Strategic Planning
Regulatory Affairs Sector
Email: RCD-DCMR@tbs-sct.gc.ca
BANK OF CANADA
Statement of financial position as at May 31, 2019
ASSETS | Amount | Total |
---|---|---|
Cash and foreign deposits | 17.9 | |
Loans and receivables | ||
Securities purchased under resale agreements | 10,314.1 | |
Advances | — | |
Other receivables | 4.5 | |
10,318.6 | ||
Investments | ||
Treasury bills of Canada | 25,638.2 | |
Canada Mortgage Bonds | 517.6 | |
Government of Canada bonds | 79,197.1 | |
Other investments | 438.1 | |
105,791.0 | ||
Capital assets | ||
Property and equipment | 598.0 | |
Intangible assets | 47.5 | |
Right-of-use leased assets | 53.5 | |
699.0 | ||
Other assets | 110.9 | |
Total assets | 116,937.4 |
LIABILITIES AND EQUITY | Amount | Total |
---|---|---|
Bank notes in circulation | 88,728.2 | |
Deposits | ||
Government of Canada | 24,177.7 | |
Members of Payments Canada | 250.9 | |
Other deposits | 2,605.6 | |
27,034.2 | ||
Securities sold under repurchase agreements | — | |
Other liabilities | 644.9 | |
116,407.3 | ||
Equity | ||
Share capital | 5.0 | |
Statutory and special reserves | 125.0 | |
Available-for-sale reserve | 400.1 | |
530.1 | ||
Total Liabilities and Equity | 116,937.4 |
I declare that the foregoing statement is correct according to the books of the Bank.
Ottawa, June 17, 2019
Carmen Vierula
Chief Financial Officer and Chief Accountant
I declare that the foregoing statement is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.
Ottawa, June 17, 2019
Timothy Lane
Deputy Governor