Canada Gazette, Part I, Volume 155, Number 49: GOVERNMENT NOTICES
December 4, 2021
2021-12-04

Canada Gazette, Part I, Volume 155, Number 49: GOVERNMENT NOTICES

December 4, 2021

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of 22 substances of the Acids and Bases Group specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas 21 of the substances identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on hydroxylammonium chloride pursuant to paragraphs 68(b) and (c) of the Act and on the remaining 21 substances pursuant to section 74 of the Act is annexed hereby;

Whereas hydroxylammonium chloride, sodium hypochlorite, sodium chlorate, calcium hypochlorite, chlorine, and chlorine dioxide were previously addressed under the Priority Substance Assessment Program, but a conclusion for potential harm to human health was not determined;

And whereas it is proposed to conclude that hydroxylammonium chloride, sodium hypochlorite, sodium chlorate, calcium hypochlorite, chlorine, and chlorine dioxide do not meet the criteria under paragraph 64(c) of the Act,

And whereas it is proposed to conclude that the remaining 16 substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action at this time under section 77 of the Act for the 21 substances identified under subsection 73(1) of the Act.

Notice is further given that the ministers propose to take no further action on the remaining substance, hydroxylammonium chloride, at this time.

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by email to substances@ec.gc.ca or by 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

Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of the Acids and Bases Group

Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment on 22 substances referred to collectively under the Chemicals Management Plan as the Acids and Bases Group. These 22 substances were identified as priorities for assessment as they met categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns. Two other substances were determined to be of low concern through other approaches, and decisions for these substances are provided in separate reports.footnote 1 The Chemical Abstracts Service Registry Numbers (CAS RNsfootnote 2), the Domestic Substances List (DSL) names and the common names of these substances are listed in the table below.

Substances in the Acids and Bases Group
Subgroup CAS RN DSL name (molecular formula) Common name
Ammonia 5470-11-1 table a1 note a table a1 note b Hydroxylamine, hydrochloride (ClH4NO) Hydroxylammonium chloride
Free available chlorine, chlorate and chlorite 7681-52-9 table a1 note b Hypochlorous acid, sodium salt (NaClO) Sodium hypochlorite
Free available chlorine, chlorate and chlorite 7775-09-9 table a1 note b Chloric acid, sodium salt (NaClO3) Sodium chlorate
Free available chlorine, chlorate and chlorite 7778-54-3 table a1 note b Hypochlorous acid, calcium salt (CaCl2O2) Calcium hypochlorite
Free available chlorine, chlorate and chlorite 7782-50-5 table a1 note b Chlorine (Cl2) Chlorine
Free available chlorine, chlorate and chlorite 10049-04-4 table a1 note b Chlorine dioxide (ClO2) Chlorine dioxide
Hydrogen and hydroxide 1310-58-3 Potassium hydroxide (KOH) Potassium hydroxide
Hydrogen and hydroxide 1310-73-2 Sodium hydroxide (NaOH) Sodium hydroxide
Hydrogen and hydroxide 1312-76-1 Silicic acid, potassium salt (K2SiO3) Potassium silicate
Hydrogen and hydroxide 1344-09-8 Silicic acid, sodium salt (HNaSiO3) Sodium silicate
Hydrogen and hydroxide 7647-01-0 Hydrochloric acid (HCl) Hydrochloric acid
Hydrogen and hydroxide 7664-93-9 Sulphuric acid (H2SO4) Sulphuric acid
Hydrogen and hydroxide 12136-45-7 Potassium oxide (K2O) Potassium oxide
Nitrate and nitrite 7631-99-4 Nitric acid sodium salt (NaNO3) Sodium nitrate
Nitrate and nitrite 7632-00-0 Nitrous acid, sodium salt (NaNO2) Sodium nitrite
Nitrate and nitrite 7697-37-2 Nitric acid (HNO3) Nitric acid
Nitrate and nitrite 7757-79-1 Nitric acid potassium salt (KNO3) Potassium nitrate
Nitrate and nitrite 10124-37-5 Nitric acid, calcium salt (Ca(NO3)2) Calcium nitrate
Phosphate 1314-56-3 Phosphorus oxide (P2O5) Diphosphorus pentoxide
Phosphate 7664-38-2 Phosphoric acid (H3PO4) Phosphoric acid
Sulphite 7631-90-5 Sulfurous acid, monosodium salt (HNaSO3) Sodium bisulfite
Sulphite 7681-57-4 Disulphurous acid, disodium salt (Na2O5S2) Sodium metabisulfite

Table a1 note(s)

Table a1 note a

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

Return to table a1 note a referrer

Table a1 note b

These substances were considered only from a human health perspective in this assessment.

Return to table a1 note b referrer

Seven substances in the Acids and Bases Group — chlorine, hydrochloric acid, sulphuric acid, sodium nitrate, potassium nitrate, calcium nitrate and nitric acid — are known to be naturally occurring in the environment. Further, the water dissociation products of most of the 22 substances in this group are ubiquitous and naturally present in aquatic environments.

In Canada, the 22 substances are generally used as paint and coating additives; intermediates; plant nutrients; pesticides; process regulators; and as agents for redox reactions, corrosion inhibition, anti-scaling, plating, surface treating, filler, cleaning, disinfecting, bleaching and petroleum-refining. Some of these substances may also be found in drugs, including natural health products (NHPs), cosmetics, dyes, or in explosives; or used as food additives or as a component in the manufacture of food packaging materials.

The 22 substances readily react and transform in aqueous solutions. For the purpose of this screening assessment, they were categorized into six subgroups based on their primary water dissociation products: (1) ammonia, (2) free available chlorine, chlorate and chlorite (FACCC), (3) sulphite, (4) hydrogen and hydroxide, (5) phosphate, and (6) nitrate and nitrite.

Based upon their physical-chemical properties, environmental fate and behaviour, and reported uses, the six substances in the ammonia and FACCC subgroups are considered to have been addressed previously for ecological concerns through the Priority Substances List assessment reports for “Ammonia in the Aquatic Environment,” “Effluents from Pulp Mills using Bleaching,” “Chlorinated Wastewater Effluents,” and “Inorganic Chloramines.” Given these previous assessments and ongoing regulatory activities, these six substances were not considered further from an ecological perspective in this assessment; however, a conclusion for potential harm to human health was not determined at the time. Therefore, these substances were considered only from a human health perspective in this assessment.

The ecological risks of the remaining 16 substances in the Acids and Bases Group were characterized using a qualitative or quantitative approach. Exposure profiling and hazard characterization were based on domestic and international reports as well as scientific literature. Canadian import, manufacture and release data reported by industrial facilities were also analyzed to help characterize the potential for exposure in Canada.

The ecological hazard potential of substances in the hydrogen and hydroxide, and phosphate subgroups, and one substance in the nitrate and nitrite subgroup (nitric acid), is associated with changes in water pH, rather than direct toxicological effects. Information collected on the pH of municipal wastewater treatment system effluents, the main source of potential environmental exposure for these substances, indicate that their pH is within the Canadian Water Quality Guideline (CWQG) for freshwater (pH 6.5–9). Therefore, there is a low potential for these substances to cause ecological harm through adjustment of pH in the receiving environment. The remaining four substances in the nitrate and nitrite subgroup and the sulphite subgroup are not anticipated to cause ecological harm based on characterization of hazard and exposure potential.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from 16 substances in the Acids and Bases Group. It is proposed to conclude that these 16 substances 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.

With respect to human health, hydroxylammonium chloride was evaluated as part of the Rapid Screening of Substances with Limited General Population Exposure. Based on this approach, exposure of the general population to hydroxylammonium chloride was considered to be negligible; therefore, this substance is considered to be of low concern for human health at current levels of exposure.

Three subgroups (sulphite, hydrogen and hydroxide, and phosphate) were considered in the Science Approach Document for Substances with Low Human Health Hazard Potential. The low human health hazard potential approach is used to identify substances with low inherent repeated-dose toxicity. This hazard-based approach considers a number of metrics, including the effects noted in animal and human toxicity studies, and the relevant route(s) of exposure of the substance, to determine if health effects of the substance are limited or unlikely. On the basis of the results presented in that approach document, these 11 substances are considered to be of low concern for human health. Three substances in the FACCC subgroup were also evaluated using the low human health hazard potential approach and are considered to be of low concern for human health based on their low human health hazard potential.

For chlorine, a three-day inhalation exposure study in humans and a one-year inhalation study in monkeys were selected for risk characterization. A comparison of estimated levels of exposure from outdoor air and critical effect levels results in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases.

A two-generation reproductive study in rats was selected for risk characterization of oral exposure to chlorine dioxide. For the inhalation route, a subchronic inhalation study in rats was selected for risk characterization of repeated exposure to chlorine dioxide. Canadians may be exposed to chlorine dioxide through environmental media such as drinking water and air, as well as products available to consumers, including non-prescription drugs and odour control products. A comparison of estimated levels of exposure from outdoor air and products available to consumers and critical effect levels results in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases.

A two-year carcinogenicity study in rats was selected for risk characterization of chronic oral exposure to sodium chlorate. A subchronic study in rats was selected for risk characterization of subchronic oral exposure to sodium chlorate. Exposure to sodium chlorate may occur from drinking water and from cosmetics and cleaning products. A comparison of estimated levels of exposure to the general population and critical effect levels results in margins of exposure that are adequate to account for uncertainties in the health effects and exposure databases.

Acceptable daily intake (ADI) values derived by the European Food Safety Authority were used as a reference dose for risk characterization for the substances in the nitrate and nitrite subgroup. Nitrate and nitrite occur naturally in environmental media, are permitted food additives, may be used as components in the manufacture of food packaging materials, or as components in incidental additives used in food processing establishments, and may also be found in products available to consumers such as cosmetics, cleaning products and NHPs. Exposure estimates presented in comparison to the ADIs did not result in any exceedances and are therefore considered to be of low risk to human health.

Considering all the information presented in this draft screening assessment, it is proposed to conclude that the 22 substances in the Acids and Bases Group do not meet the criteria under paragraph 64(c) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Six of the 22 substances in the Acids and Bases Group (hydroxylammonium chloride, sodium hypochlorite, sodium chlorate, calcium hypochlorite, chlorine, and chlorine dioxide) were previously addressed by Environment Canada under the Priority Substances Assessment Program; however, a conclusion for potential harm to human health was not determined. As these substances were not reassessed from an ecological perspective, the conclusion for these 6 substances is limited to the criteria under paragraph 64(c) of CEPA.

Proposed overall conclusion

It is therefore proposed to conclude that 16 substances in the Acids and Bases Group (sodium bisulfite, sodium metabisulfite, potassium hydroxide, sodium hydroxide, potassium silicate, sodium silicate, hydrochloric acid, sulphuric acid, potassium oxide, diphosphorus pentoxide, phosphoric acid, sodium nitrate, sodium nitrite, nitric acid, potassium nitrate, and calcium nitrate) do not meet any of the criteria set out in section 64 of CEPA. In addition, it is proposed to conclude that the other 6 substances in the Acids and Bases Group (hydroxylammonium chloride, sodium hypochlorite, sodium chlorate, calcium hypochlorite, chlorine, and chlorine dioxide) do not meet the criteria under paragraph 64(c) of CEPA.

The draft screening assessment of the Acids and Bases Group is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF HEALTH

PEST CONTROL PRODUCTS ACT

Notice of intent — Consultation on proposed amendments to the Pest Control Products Regulations (Ultraviolet Radiation-emitting Devices and Ozone-generating Devices)

Purpose

This notice provides interested stakeholders with the opportunity to comment on Health Canada’s intent to regulate ultraviolet radiation-emitting devices (UV devices) and ozone-generating devices. Amendments to the Pest Control Products Regulations (PCPR) would codify the changes introduced under the Interim Order Respecting Ultraviolet Radiation-emitting Devices and Ozone-generating Devices with some minor changes and clarifications.

Background

The Minister of Health’s primary mandate under the Pest Control Products Act (PCPA) is to prevent unacceptable risks to individuals and the environment from the use of pest control products. To meet this objective, the PCPA requires the Minister of Health to conduct pre-market assessments of pest control products to determine if the risks to human health and the environment are acceptable and the products are effective in their uses so that they have value. The PCPA also allows regulations to be made that authorize the manufacture, distribution or use of unregistered pest control products, based on specified conditions. In addition, the PCPA prohibits the packaging, labelling or advertising of a pest control product in a way that is false, misleading or likely to create an incorrect impression regarding its safety, effectiveness or regulatory status (e.g. it is approved or not approved).

On June 7, 2021, the Minister of Health made an Interim Order (IO) under subsection 67.1(1) of the PCPA to address significant risks to human health posed by unassessed UV devices and ozone-generating devices. The determination of significant risk was based on

  • the well-characterized health effects of ultraviolet radiation and ozone, including eye and skin damage from ultraviolet radiation and decreased lung function and irritation of respiratory pathways from ozone;
  • the proliferation of UV devices and ozone-generating devices marketed to kill or control SARS-CoV-2, the coronavirus that causes COVID-19; and
  • the unproven safety and efficacy of devices being used by Canadians to protect themselves during the pandemic.

The IO came into force immediately, with a 30-day transition period, and will cease to have effect on June 7, 2022.

The IO brought under the PCPA certain UV devices and ozone-generating devices used to control, destroy or inactivate bacteria, viruses or other micro-organisms that are human pathogens or to reduce their levels — other than in swimming pools, spas or wastewater treatment systems — by means of ultraviolet radiation or ozone.

Under the IO, certain UV devices and ozone-generating devices are subject to safety and efficacy assessments, and must be registered prior to entering the Canadian market. It exempts certain UV devices from registration (meaning they are authorized for sale and use without the need for registration) if they meet specified conditions (e.g. to ensure electrical safety and protection from ultraviolet radiation).

UV devices that are authorized must meet the label requirements for the principal and secondary display panels and, if any, the operating manual. These label requirements include a number of precautionary statements, directions for use, information about a contact in Canada for inquiries, as well as information that identifies any risks to health or the environment associated with the handling, storage, display, distribution, use and disposal of the device and instructions on procedures to reduce those risks.

In addition, to avoid regulatory duplication, the IO provides an exemption from the application of the PCPA to UV devices or ozone-generating devices that are Class II, III, and IV medical devices set out in the Medical Devices Regulations under the Food and Drugs Act.

Proposed amendments to the Pest Control Products Regulations

In order to continue the regulatory pathway set out in the April 30, 2021, Notice of Intent and established under the IO, Health Canada proposes to make amendments to the PCPR that would codify the IO with some minor changes and clarifications.

An annotated version of the proposed amendments can be found below, in the section entitled “Proposed Regulatory Amendments (Ultraviolet Radiation-emitting Devices and Ozone-generating Devices)”. In brief, the amendments reflect the IO requirements with the following modifications:

  • Allowing users to access the ultraviolet lamp for authorized UV devices, including for the replacement of ultraviolet radiation-emitting components (e.g. an ultraviolet bulb or ultraviolet LED), when the manufacturer includes label information related to the frequency of replacement and how it can be done to prevent ultraviolet exposure. This is anticipated to reduce the burden on stakeholders.
  • Authorizing ultraviolet lamps or ultraviolet radiation-emitting components used in registered or authorized UV devices, meaning that they would not need to be registered. This is anticipated to reduce the burden on stakeholders.
  • Confirming that drinking water treatment systems are not subject to the PCPA. The IO’s published webpage clarified that the IO was not intended to apply to such systems, as drinking water treatment systems have never been regulated under the PCPA. This is not expected to have any impact on stakeholders.
  • Requiring modification of some label statements for authorized devices, including the infection control statement. The Regulations would provide a six-month transition period before the coming into force of the infection control labelling requirement to give industry sufficient time to update labels. This is expected to result in a minor impact to stakeholders, and costs are expected to be minimal.
  • For authorized devices, allowing secondary display panel information to be placed in the operating manual when there is insufficient space on the secondary display panel. This will not impact the safety of users and is expected to be a benefit for stakeholders.
  • Requiring, consistent with the Questions and Answers page on the Health Canada website, the registration of UV devices that produce or generate any other substance during operation, including ozone and hydroxyls. This is expected to result in a minor impact to stakeholders, and costs are expected to be low.

Taken as a whole, the costs to businesses resulting from the proposed PCPR amendments are expected to be low (per the Policy on Cost-Benefit Analysis). This includes costs associated with those products that would need registration (application fee, preparation costs, annual charge, sales and incidence reporting costs), and those authorized products that would not require registration, but would require label changes to meet the label requirements of the proposal.

These amendments would come into force on June 8, 2022, or if they are registered after that day, the day on which they are registered.

Public comments

The consultation period for these proposed amendments to the PCPR is 45 calendar days, ending January 17, 2022. Health Canada will host a webinar for interested parties on December 14, 2021, to discuss the proposal and seek comments.

Please direct all comments to the following address and include the complete title of notice:

Policy and Operations Directorate
Pest Management Regulatory Agency
Health Canada
2720 Riverside Drive
Ottawa, Ontario
K1A 0K9
Email: hc.pmra.regulatory.affairs-affaires.reglementaires.arla.sc@canada.ca

Appendix 1: Proposed Regulatory Amendments (Ultraviolet Radiation-emitting Devices and Ozone-generating Devices)

The proposed amendments to the PCPR will be based on the text of the Interim Order, which is set out below (with proposed changes indicated as appropriate).

Interpretation

Definitions

1 (1) The following definitions apply in this Interim Order.

Regulations
means the Pest Control Products Regulations. (Règlement)
ultraviolet radiation-emitting device
means a device that is manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens, or to reduce their levels — other than in swimming pools, spas or wastewater treatment systems — by means of ultraviolet radiation. (dispositif à rayonnement ultraviolet)
  • Planned amendment: This definition would be amended to also exclude drinking water systems, in line with the existing Questions and Answers on the Interim Order.
  • Planned amendment: A new definition for ozone-generating devices would be added, in line with the definition for ultraviolet radiation-emitting device.

Words and expressions

(2) Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Regulations.

Exemption

Exemption

2 Despite paragraph 3(1)(a) of the Regulations, a device of a type described in item 7 of Schedule 1 to the Regulations is exempt from the application of the Act if

  • (a) it meets the definition device in section 2 of the Food and Drugs Act; and
  • (b) it is classified as a Class II, III or IV medical device under the Medical Devices Regulations.

Planned amendment: The way in which Class II, III and IV medical devices are exempted from the PCPA would be refined. This does not change the exemptions, only how the PCPR will be amended to include them.

No exemption

3 Despite paragraphs 3(1)(d) and (e) of the Regulations, a device of a type described in item 7 of Schedule 1 to the Regulations is not exempt from the application of the Act.

Planned amendment: The way in which UV devices are carved out from the exemption under paragraphs 3(1)(d) and (e) would be refined. This does not change how they are regulated, only how the PCPR will be amended to account for them.

Non-application

Non-application — section 30 of Regulations

4 Section 30 of the Regulations does not apply to the label of a device of a type described in item 7 of Schedule 1 to the Regulations.

Planned amendment: Changes would have section 30 labelling requirements apply to registered ultraviolet radiation-emitting devices and ozone-generating devices.

Ultraviolet Radiation-emitting Devices

Exemption from registration

5 An ultraviolet radiation-emitting device is exempt from the application of subsection 6(1) of the Act if the following conditions are met:

  • (a) the device is certified by a standards development organization accredited by the Standards Council of Canada as meeting the applicable Canadian electrical safety requirements;
  • (b) the certification mark of the standards development organization appears on the label of the device;
  • (c) any efficacy claim that is made in respect of the device is only a claim of supplemental sanitization;
  • (d) no express or implied reference to prevention, treatment or mitigation of disease is made in respect of the device;
  • (e) the device has at least one of the following mechanisms:
    • (i) a mechanism that locks the device during operation, or
    • (ii) a mechanism that automatically shuts off the device if it is opened during operation; and
  • (f) the ultraviolet lamp is fully shielded or enclosed in the device in a manner that prevents access to it by users of the device and prevents exposure to ultraviolet radiation.
  • Planned amendment: The required conditions for UV devices to be manufactured, imported and sold without a registration would be added to section 4 of the PCPR. Conditions (c) through (e) would be reworded slightly for clarity, with no substantive change to the conditions.
  • Planned amendment: Would allow for the replacement of ultraviolet lamps or ultraviolet radiation-emitting components in authorized UV devices, as long as the user who follows label directions is not exposed to ultraviolet radiation. Condition (f) would remove the requirement that a user cannot access the ultraviolet lamp.
  • Planned amendment: Would clarify in the authorization criteria that the UV device must not produce other harmful substances, such as ozone or hydroxyls.

Principal display panel and operating manual

6 The principal display panel and, if any, the operating manual of an ultraviolet radiation-emitting device that is exempt from registration must show the following information:

  • (a) the intended use of the device;
  • (b) if the device is to be distributed primarily to the general public for personal use in or around their homes, the statement “KEEP OUT OF THE REACH OF CHILDREN”;
  • (c) the statement “READ THE LABEL AND ANY OPERATING MANUAL BEFORE USING”; and
  • (d) the name, postal address, telephone number and email address of a contact person in Canada to which public inquiries may be directed.

Secondary display panel and operating manual

7 The secondary display panel and, if any, the operating manual of an ultraviolet radiation-emitting device that is exempt from registration must show the following information:

  • (a) under the heading “PRECAUTIONS”, the following statements:
    • (i) “WARNING — UV radiation emitted from this device.”,
    • (ii) “Unintended use of the device, or damage to the housing, may result in exposure to ultraviolet radiation.”,
    • (iii) “Ultraviolet radiation may cause eye and skin irritation.”, and
    • (iv) “Avoid exposing eyes and skin to ultraviolet radiation.”;
  • (b) under the heading “DIRECTIONS FOR USE”, the directions for the use of the device, including how to operate the device and any limitations on its use;
  • (c) the statement “The use of this device is a supplement to and not a substitute for standard infection control practices; users must continue to follow all current infection control practices, including those related to the cleaning and disinfection of environmental surfaces.”;
  • (d) information that identifies any risks to health or the environment associated with the handling, storage, display, distribution, use and disposal of the device and instructions on procedures to reduce those risks; and
  • (e) under the heading “FIRST AID INSTRUCTIONS”, instructions that set out the practical measures to be taken in the event of injury caused by the device.
  • Planned amendment: The infection control label statement (c) would be revised to refer to following best practices to control transmission of infection, rather than “current infection control practices”, and direct that users are to follow best practices rather than current infection control practices.
  • Planned amendment: Would allow the information required in 7(b) and (d) to be in the operating manual if there was insufficient space on the secondary display panel to show all the required information.
  • Planned amendment: The requirement in 7(e) to have a label statement on first aid instructions would be removed.

Schedule 1 to the Regulations

Deeming — Schedule 1 to Regulations

8 Schedule 1 to the Regulations is deemed to include the following after item 6:

7 Devices that are manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens, or to reduce their levels — other than in swimming pools, spas or wastewater treatment systems — by means of ultraviolet radiation or ozone.

Planned amendments: Minor refinements would be made to the wording of this item in Schedule 1. This does not change the meaning of the provision, only how it is described.

Transitional Provision

Application of subsections 6(1) and (3) of Pest Control Products Act

9 During the period beginning on the day on which this Interim Order is made and ending on the 30th day after that day, a device that is of a type described in item 7 of Schedule 1 to the Regulations is exempt from the application of subsections 6(1) and (3) of the Act.

  • Planned amendments: The Regulations would come into effect on June 8, 2022, or the day on which they are registered, if after that date. The transitional provision in the Interim Order does not apply to the proposed amendments. A transition period of six months is proposed for revising the infection control label statement on the secondary display panel for authorized UV devices.
  • Planned amendments: Technical amendments are proposed that would modernize the PCPR text referring to authorized devices and labelling. There would be no substantive effects to the regulatory requirements as a result of these changes.

DEPARTMENT OF INDUSTRY

ELECTRICITY AND GAS INSPECTION ACT

Delegation of authorities by the President of Measurement Canada

Notice is hereby given, pursuant to subsection 4(2) of the Electricity and Gas Inspection Regulations, that the President of Measurement Canada, pursuant to subsection 4(1) of the Regulations, proposes to delegate to the organization set out in column I of the Schedule the functions under the Electricity and Gas Inspection Act set out in column II thereof.

SCHEDULE

Electricity and Gas Inspection Regulations
Column I Column II
Elster Solutions S.A. de C.V.
Avenida Circuito Mexico
No. 125
Parque Industrial Tres
Naciones
San Luis Potosi, Mexico
78395

8(1): For the purposes of section 5 of the Act, the calibration of a measuring apparatus referred to in section 7 shall be certified by the director.

Elster Solutions S.A. de C.V. is being delegated this function for the following types of measuring apparatus:

Electricity meter calibration consoles.

December 4, 2021

Diane Allan
President
Measurement Canada

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order Respecting Certain Flooded Areas in British Columbia, 2021

Whereas the Minister of Transport is of the opinion that the annexed Interim Order Respecting Certain Flooded Areas in British Columbia, 2021 is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to paragraphs 136(1)(f)footnote a and (h)footnote a of the Canada Shipping Act, 2001footnote b;

Therefore, the Minister of Transport, pursuant to subsection 10.1(1)footnote c of the Canada Shipping Act, 2001 footnote b, makes the annexed Interim Order Respecting Certain Flooded Areas in British Columbia, 2021.

Ottawa, November 19, 2021

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Flooded Areas in British Columbia, 2021

Interpretation

Interpretation

1 Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Vessel Operation Restriction Regulations.

Prohibition

Operation of vessels

2 It is prohibited for a person to operate a vessel in the waters mentioned in column 2 of the table to this section, that are in the vicinity of a location set out in column 1 and that are within the areas illustrated on a map, entitled Map relating to the Transport Canada Interim Order Respecting Certain Flooded Areas in British Columbia, 2021, published on November 19, 2021, by the Department of Transport on its website.

TABLE
Item

Column 1

Location

Column 2

Waters

1 City of Merritt

Coldwater River and waters over the floodplains within the limits of the city of Merritt

Coldwater River and its tributaries, south of the city of Merritt, and waters over the floodplains along Coldwater Road near its intersection with Kane Valley Road

2 City of Princeton Similkameen River within the limits of the city of Princeton and waters over the floodplains to the east of that city
3 Regional District of the Okanagan - Similkameen Similkameen River and waters over the floodplains along Crowsnest Highway, from south of Hedley to the U.S. border
4 City of Abbotsford/ City of Chilliwack

Sumas River and the waters over the floodplains on the Sumas Prairies, between McCallum Road, the U.S. border and Vedder River

Fraser River and its tributaries, including the waters over the neighbouring floodplains, from the town of Yale to the city of Mission

5 District of Hope Coquihalla River and the waters over the floodplains along Othello Road
6 Village of Lytton Fraser River and its tributaries, including waters over the neighbouring floodplains, from south of the community of Lillooet to south of the village of Lytton
7 Village of Tulameen Tulameen River and the waters over the floodplains in the vicinity of the village of Tulameen
8 Nicola River Nicola River and the waters over the floodplains from the community of Spences Bridge to Spius Creek, west of the city of Merritt

Exception

Persons

3 Section 2 does not apply to vessels operated by any of the following persons:

  • (a) an employee of a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group who is acting in the course of their duties;
  • (b) a member of a fire department or police force who is acting in the course of their duties;
  • (c) an officer or non-commissioned member of the Canadian Forces who is acting in the course of their duties;
  • (d) an employee of a Crown corporation who is acting in the course of their duties;
  • (e) a person who is authorized by an entity referred to in paragraph (a), (b) or (d) to support flood response measures and who is acting in the course of their duties;
  • (f) a person who operates a ferry vessel, as defined in section 2 of the Hull Construction Regulations, as a service available to the public, if the operation of the ferry vessel does not present an important risk to safety; and
  • (g) a person who operates a vessel solely to gain access to their property, if the property is not accessible by road, or a person acting on behalf of the property owner.

Enforcement

Enforcement officers

4 For the purpose of ensuring compliance with section 2, the persons or classes of persons set out in the table to this section are appointed or specified as enforcement officers.

TABLE
Item

Column 1

Person or Class of Persons

Column 2

Geographic Location

1 A member of the Royal Canadian Mounted Police Across Canada
2 An officer of the Canadian Coast Guard who is a Marine Communications and Traffic Services Officer Across Canada
3 An officer of the Canadian Coast Guard working on a vessel, when they are on board the vessel Across Canada
4 A member of any harbour or river police force Across Canada
5 A member of any provincial, county or municipal police force British Columbia
6 A marine safety inspector Across Canada
7 A pleasure craft safety inspector Across Canada
8 A First Nations Constable appointed under the British Columbia Police Act, R.S.B.C. 1996, c. 367 British Columbia
9 A fishery officer designated under the Fisheries Act Across Canada
10 An Office of Boating Safety Officer Across Canada

Powers

5 An enforcement officer may

  • (a) prohibit the movement of any vessel or direct it to move as specified by the enforcement officer; and
  • (b) stop and board any vessel at any reasonable time and
    • (i) direct any person to put into operation or cease operating any equipment on board the vessel,
    • (ii) ask any pertinent questions of, and demand all reasonable assistance from, any person on board the vessel, and
    • (iii) require that any person on board the vessel provide to the enforcement officer, for examination, any document or information that is in the person’s possession.

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.

Governor in Council appointment opportunities
Position Organization Closing date
Chief Executive Officer Canadian Centre on Substance Abuse  
Member Canadian Cultural Property Export Review Board  
Chief Executive Officer Canadian Dairy Commission  
Deputy Chief Commissioner Canadian Human Rights Commission  
Member Canadian Human Rights Commission  
Member Canadian Museum of Nature  
Trustee National Gallery of Canada  
Privacy Commissioner Office of the Privacy Commissioner of Canada  
Director (Federal) Québec Port Authority  
Director Windsor-Detroit Bridge Authority