Canada Gazette, Part I, Volume 153, Number 34: GOVERNMENT NOTICES
August 24, 2019
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice of intent to amend the Domestic Substances List under subsection 112(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 106(3) of that Act applies to the living organisms Aspergillus awamori ATCC footnote 1 22342 (=A. niger ATCC 22342) and Aspergillus brasiliensis ATCC 9642
Whereas the living organisms Aspergillus awamori ATCC 22342 (=A. niger ATCC 22342) and Aspergillus brasiliensis ATCC 9642 are specified on the Domestic Substances List footnote 2;
Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of these living organisms under section 74 of the Canadian Environmental Protection Act, 1999 footnote 3;
And whereas the ministers suspect that the information concerning a significant new activity in relation to these living organisms may contribute to determining the circumstances in which the living organisms are toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,
Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 112(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 106(3) of that Act applies to any significant new activities relating to these living organisms, as set out in this notice.
Public comment period
Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this Notice, and can be submitted using the online reporting system through Environment and Climate Change Canada’s Single Window, sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Québec K1A 0H3, by fax to 819‑938‑5212, or by email to eccc.substances.eccc@canada.ca.
The final screening assessment report for these living organisms may be obtained from the Canada.ca (Chemical Substances) website.
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.
Nancy Hamzawi
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment
ANNEX
1. Part 5 of the Domestic Substances List is proposed to be amended by deleting the following under the heading “Organisms/Organismes”:
- Aspergillus awamori ATCC 22342 (=A. niger ATCC 22342)
- Aspergillus brasiliensis ATCC 9642
| Column 1 Living organism |
Column 2 Significant new activity for which living organism is subject to subsection 106(3) of the Act |
|---|---|
Aspergillus awamori ATCC 22342 (=A. niger ATCC 22342) S′ Aspergillus brasiliensis ATCC 9642 S′ |
|
Coming into force
3. The Order would come into force on the day on which it is registered.
EXPLANATORY NOTE
(This explanatory note is not part of the notice of intent.)
Description
This notice of intent (NOI) is an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL) to apply the Significant New Activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (CEPA) to the living organisms Aspergillus awamori strain ATCC 22342 (=A. niger ATCC 22342) and Aspergillus brasiliensis strain ATCC 9642. footnote 4
Within 60 days of publication of the notice of intent, any person may submit comments to the Minister of the Environment. These comments will be taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to these living organisms.
The DSL amendment is not in force until the Order is adopted by the Minister pursuant to subsection 112(3) of CEPA. The Order will be published in the Canada Gazette, Part II.
Applicability of the proposed Order
It is proposed that the Order amending the DSL would require any person (individual or corporation) engaging in a significant new activity in relation to Aspergillus awamori strain ATCC 22342 (=A. niger ATCC 22342) or Aspergillus brasiliensis strain ATCC 9642 to submit a significant new activity notification (SNAN) containing all of the information prescribed in the Order at least 120 days prior to the import, manufacture, or use of the living organisms for the significant new activity.
Examples of potential activities with respect to Aspergillus awamori strain ATCC 22342 (=A. niger ATCC 22342) and Aspergillus brasiliensis strain ATCC 9642 requiring a SNAN would include, but are not limited to, new activities involving the use of the living organism in a health care facility, and any activity involving a consumer product to which the Canada Consumer Product Safety Act (CCPSA) applies and that contains the living organism.
Activities not subject to the proposed Order
The proposed Order would not apply to the use of the living organisms in consumer products to which the CCPSA does not apply, to uses of the living organisms that occur outside of health care facilities, or to uses of the living organisms that are regulated under the Acts of Parliament listed in Schedule 4 of CEPA, including the Pest Control Products Act, the Seeds Act, the Fertilizers Act, the Feeds Act and the Health of Animals Act. The Order would also not apply to impurities or contaminants related to the preparation of a living organism, or, in some circumstances, to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the Order. See subsection 106(6) and section 3 of CEPA and section 2 of New substances: guidelines for organisms for additional information on the activities and conditions described above.
Activities involving the use of the living organisms in a contained facility that meets the requirements for containment level 1 or a higher level of containment, and where good microbiological laboratory practices are implemented, including as research and development organisms, would be excluded from the proposed Order. The terms “contained facility” and “research and development organism” are defined in subsection 1(1) of the New Substances Notification Regulations (Organisms).
Information to be submitted
The NOI sets out the proposed requirements for information that would have to be provided to the Minister 120 days before the day on which the living organisms are imported, manufactured, or used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN and other information to conduct environmental and human health assessments within 120 days after the complete information is received.
The information requirements in the proposed Order relate to general information in respect of the living organisms, details surrounding their use, and exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Organisms).
Additional guidance on preparing a SNAN can be found in section 7 of the New substances: guidelines for organisms.
Compliance
When assessing whether or not a living organism is subject to the SNAc provisions, footnote 5 a person is expected to make use of information in their possession or to which they may reasonably be expected to have access. This means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a living organism, mixture, or product are expected to have access to import records, usage information and the relevant Safety Data Sheet (SDS). footnote 6
Although an SDS is an important source of information on the composition of a purchased product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products and may not include information on microbial hazards. Therefore, an SDS may not list all product ingredients or microbial constituents that may be subject to an Order due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.
If information becomes available that reasonably supports the conclusion that the living organisms are toxic or capable of becoming toxic, the person who is in possession of or has knowledge of the information and is involved in activities with the living organisms is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.
A company can submit a SNAN on behalf of its clients. For example, in cases where a person receives possession and control of a living organism from another person, they may not be required to submit a SNAN, under certain conditions, if the activities were covered by the original SNAN. The Substances Management Advisory Note “Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999” provides more detail on this subject.
Any person who transfers the physical possession or control of a living organism subject to an Order should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Order, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.
A pre-notification consultation (PNC) is recommended for notifiers who wish to consult during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.
Where a person has questions concerning their obligations to comply with a notice or Order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to contact the Substances Management Information Line. footnote 7
CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. In instances of non-compliance, consideration is given to the following factors when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with CEPA and its regulations, and consistency in enforcement.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2019-87-11-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List footnote b;
Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, makes the annexed Order 2019-87-11-02 Amending the Non-domestic Substances List.
Gatineau, August 14, 2019
Catherine McKenna
Minister of the Environment
Order 2019-87-11-02 Amending the Non-domestic Substances List
Amendment
1 Part I of the Non-domestic Substances List footnote 8 is amended by deleting the following:
- 68555-14-6
- 68783-29-9
Coming into Force
2 This Order comes into force on the day on which Order 2019-87-11-01 Amending the Domestic Substances List comes into force.
DEPARTMENT OF THE ENVIRONMENT
MIGRATORY BIRDS CONVENTION ACT, 1994
Notice with respect to temporary possession of migratory bird carcasses
The Minister of the Environment issues this notice under the authority of section 36 of the Migratory Birds Regulations to vary the application of paragraph 6(b) of the Migratory Birds Regulations. As a result of this notice, a person is permitted to temporarily possess found dead migratory birds to allow for swift delivery of such birds to provincial or territorial authorities for analysis. In all other circumstances, the prohibition against possessing the carcasses of migratory birds remains in effect. This notice comes into force for a period of one year from August 24, 2019. The Government of Canada is responsible, under the Migratory Birds Convention Act, 1994, to ensure that populations of migratory birds are maintained, protected and conserved. Testing dead birds is believed to be the most effective method available for the detection of avian viruses.
The Canadian Wildlife Health Cooperative coordinates Canada’s Inter-Agency Wild Bird Influenza Survey. Information on where to submit found dead migratory birds is available by viewing the Canadian Wildlife Health Cooperative web page or by telephoning 1‑800‑567‑2033. Guidance on precautions for the handling of wild birds is available from the Public Health Agency of Canada.
August 24, 2019
Julie Spallin
Director General
Wildlife Management Directorate
Canadian Wildlife Service
DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of living organisms — Aspergillus awamori (A. awamori) strain ATCC footnote 9 22342 (=A. niger ATCC 22342) and Aspergillus brasiliensis (A. brasiliensis) strain ATCC 9642 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas A. awamori strain ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis strain ATCC 9642 are living organisms on the Domestic Substances List identified under subsection 105(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the screening assessment conducted on these living organisms, pursuant to paragraph 74(b) of the Act is annexed hereby;
Whereas it is concluded that these living organisms do not meet any of the criteria set out in section 64 of the Act;
And whereas the Minister of the Environment intends to amend the Domestic Substances List, under subsection 112(3) of the Act, to indicate that the significant new activity provision under subsection 106(3) thereof applies with respect to these living organisms,
Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on these living organisms at this time under section 77 of the Act.
Catherine McKenna
Minister of the Environment
Ginette Petitpas Taylor
Minister of Health
ANNEX
Summary of the screening assessment of A. awamori strain ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis strain ATCC 9642
Pursuant to paragraph 74(b) of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of Aspergillus awamori (A. awamori) strain ATCC 22342 (also referred to as Aspergillus niger (A. niger) strain ATCC 22342) and Aspergillus brasiliensis (A. brasiliensis) strain ATCC 9642.
Recent publications have demonstrated that the Domestic Substances List (DSL) strain ATCC 22342 is a strain of A. niger and not A. awamori. However, both names are still being used. Therefore, in this report we will use the name “A. awamori ATCC 22342 (=A. niger ATCC 22342)”.
A. awamori ATCC 22342 (=A. niger ATCC 22342) is a fungus that has characteristics in common with other strains of the species A. niger. The A. niger group is generally considered to be ubiquitous in nature, and is able to adapt to and thrive in many aquatic and terrestrial niches; it is common in house dust. A. awamori ATCC 22342 (=A. niger ATCC 22342) is known to produce ochratoxin A and fumonisins (mainly B2), which are potential carcinogens that can affect humans and animals. A. brasiliensis ATCC 9642 is a fungus that has characteristics in common with other strains of the species Aspergillus brasiliensis. A. brasiliensis is a relatively rarely occurring species; it has been known to occur in soil and is occasionally found on grape berries. A. brasiliensis ATCC 9642 does not produce ochratoxin and fumonisins.
A. niger and A. brasiliensis are commonly found as saprophytes. In particular, A. niger, which is a well-studied organism, is considered a weak plant pathogen and not a major cause of plant disease. A. niger secretes extracellular enzymes that may cause damage to agricultural crops. These two species form conidia that permit survival under suboptimal environmental conditions. Despite its occurrence in nature, there is no evidence in the scientific literature to suggest that A. brasiliensis has any ecological effects at a population level for plants. A. niger has been reported as an opportunistic animal pathogen, causing mycosis (infection) and mycotoxicosis (from ingestion of toxin-contaminated feed), which triggers a range of symptoms that can debilitate the host. However, under normal circumstances, it is unlikely to be a serious hazard to healthy livestock or to other organisms in the environment. Government regulatory agencies, including the Canadian Food Inspection Agency, regulate mycotoxin levels in livestock feeds.
Information from the scientific literature indicates that A. niger and A. brasiliensis can cause ear and eye infections in otherwise healthy humans, and potentially fatal lung disease in susceptible groups (i.e. infants and the elderly, the immunocompromised and individuals with debilitating comorbidities). A. niger and A. brasiliensis are resistant to some clinical antifungals, which could, in some circumstances, compromise the effectiveness of treatment of A. niger and A. brasiliensis infections.
This assessment considers the aforementioned characteristics of A. awamori ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis ATCC 9642 with respect to environmental and human health effects associated with the use of products available to consumers and commercial products and industrial processes subject to CEPA, including releases to the environment through waste streams and incidental human exposure through environmental media. A conclusion under CEPA on this substance is not relevant to, nor does it preclude, assessment of products produced by or containing A. awamori ATCC 22342 (=A. niger ATCC 22342) or A. brasiliensis ATCC 9642 as prescribed under the purview of the Food and Drugs Act. To update information about current uses, the Government launched two mandatory information-gathering surveys under section 71 of CEPA as published in the Canada Gazette, Part I, on October 3, 2009, and September 23, 2017 (section 71 notices). Information submitted in response to the 2017 section 71 notice indicates that A. awamori ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis ATCC 9642 were not imported or manufactured in Canada in 2016.
Based on the information available, it is concluded that A. awamori ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis ATCC 9642 do not meet the criteria under paragraph 64(a) or (b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends. It is also concluded that A. awamori ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis ATCC 9642 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 concluded that A. awamori ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis ATCC 9642 do not meet any of the criteria set out under section 64 of CEPA.
Considerations for follow-up
Because A. awamori ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis ATCC 9642 are listed on the Domestic Substances List (DSL), their import into and manufacture in Canada are not subject to notification under the New Substances Notification Regulations (Organisms) under subsection 81(1) of CEPA. Since these substances are considered to have human health effects of concern, there is a suspicion that new activities that have not been identified or assessed could lead to A. awamori ATCC 22342 (=A. niger ATCC 22342) and A. brasiliensis ATCC 9642 meeting the criteria set out in section 64 of CEPA. Therefore, the Government of Canada intends to amend the DSL, under subsection 112(3) of the Act, to indicate that the Significant New Activity (SNAc) provisions under subsection 106(3) of the Act apply with respect to the living organisms.
A significant new activity can include an activity that has not been conducted with the living organism in the past or an existing one with a different quantity or in different circumstances that could affect the exposure pattern of the living organism. The SNAc provisions trigger an obligation for a person (individual or corporation) to provide information about the living organism when a person proposes to use the living organism in a significant new activity. The ministers will assess the information provided by the notifier and other information available to them to determine whether the living organism, if used in the proposed new activity, could pose a risk to the environment or human health, and, if so, whether new or additional risk management is required.
The screening assessment for these living organisms is available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Revocation of designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the York Regional Police Service as a fingerprint examiner:
Karen McDowall
Ottawa, August 14, 2019
Ellen Burack
Assistant Deputy Minister
Community Safety and Countering Crime Branch
GLOBAL AFFAIRS CANADA
Initial gender-based analysis plus report conducted on the Canada-Mercosur Free Trade Agreement negotiations
On March 9, 2018, Canada officially launched comprehensive free trade agreement (FTA) negotiations with the Mercosur countries (Argentina, Brazil, Paraguay and Uruguay).
As part of its Trade Diversification Agenda and inclusive approach to trade, the Government of Canada is expanding its impact assessment process for the negotiation of an FTA with Mercosur. The expanded impact assessment for the Canada-Mercosur FTA will include environment, labour, and gender and will be used to inform these negotiations.
Canada released on August 16 the summary of the initial gender-based analysis plus (GBA+) report conducted on the Canada-Mercosur FTA negotiations. This initial GBA+ report contains a quantitative and qualitative chapter-by-chapter analysis of the potential effects of the FTA’s provisions for people in Canada — workers, producers, business owners, entrepreneurs and, where possible, consumers. It is informing ongoing negotiations and helping identify opportunities for new gender-responsive and inclusive trade provisions across the FTA, as well as potential domestic policy responses if an effect or opportunity cannot be addressed through a trade policy provision. The GBA+ also contains a summary of the economic impact assessment, which includes a new labour market module. The economic impact assessment was conducted by the Office of the Chief Economist of Global Affairs Canada.
Global Affairs Canada welcomes stakeholder feedback on this initial GBA+ summary. The deadline for submission is December 1, 2019.
Please read the privacy notice statement carefully prior to sending a written submission.
Comments can be sent to
Consultations on the impact assessments of the Canada-Mercosur FTA negotiations
Trade Negotiations — Trade Agreements and NAFTA Secretariat (TCT)
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1N 1J1
Email: consultations@international.gc.ca
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 |
|---|---|---|
| President and Chief Executive Officer | Canada Lands Company Limited | |
| 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 | |
| President (Chief Executive Officer) | Canadian Tourism Commission | |
| Chairperson | Farm Credit Canada | |
| Member (appointment to roster) | International Trade and International Investment Dispute Settlement Bodies | |
| Auditor General of Canada | Office of the Auditor General | |
| Chief Accessibility Officer (Anticipatory) | Office of the Chief Accessibility Officer | |
| 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) |
BANK OF CANADA
Statement of financial position as at July 31, 2019
| ASSETS | Amount | Total |
|---|---|---|
| Cash and foreign deposits | 21.5 | |
| Loans and receivables | ||
| Securities purchased under resale agreements | 9,992.5 | |
| Advances | - | |
| Other receivables | 5.2 | |
| 9,997.7 | ||
| Investments | ||
| Treasury bills of Canada | 26,550.1 | |
| Canada Mortgage Bonds | 512.8 | |
| Government of Canada bonds | 80,096.9 | |
| Other investments | 435.5 | |
| 107,595.3 | ||
| Capital assets | ||
| Property and equipment | 599.3 | |
| Intangible assets | 50.1 | |
| Right-of-use leased assets | 52.8 | |
| 702.2 | ||
| Other assets | 45.2 | |
| Total assets | 118,361.9 | |
| LIABILITIES AND EQUITY | Amount | Total |
|---|---|---|
| Bank notes in circulation | 90,467.9 | |
| Deposits | ||
| Government of Canada | 24,093.0 | |
| Members of Payments Canada | 250.0 | |
| Other deposits | 2,388.6 | |
| 26,731.6 | ||
| Securities sold under repurchase agreements | - | |
| Other liabilities | 634.9 | |
| 117,834.4 | ||
| Equity | ||
| Share capital | 5.0 | |
| Statutory and special reserves | 125.0 | |
| Investment revaluation reserve | 397.5 | |
| 527.5 | ||
| Total Liabilities and Equity | 118,361.9 | |
I declare that the foregoing statement is correct according to the books of the Bank.
Ottawa, August 16, 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, August 16, 2019
Timothy Lane
Deputy Governor