Canada Gazette, Part I, Volume 154, Number 32: GOVERNMENT NOTICES

August 8, 2020

BANK OF CANADA

PAYMENT CLEARING AND SETTLEMENT ACT

Notice of designation to Interac Corp.

Under subsection 4(1) of the Payment Clearing and Settlement Act (the “Act”), where the Governor of the Bank of Canada is of the opinion that a clearing and settlement system could be operated in a manner that poses a payments system risk, the Governor may, if the Minister of Finance is of the opinion that it is in the public interest to do so, designate the clearing and settlement system as a system that is subject to Part I of the Act.

Interac Corp. (Interac) operates the e-Transfer system (e-Transfer), which is a major retail payment system in Canada, used by millions of Canadians, that facilitates significant economic activity. E-transfer is a system eligible to be designated under the Act since it has at least three participants (at least one of which is a Canadian participant and at least one of which has its head office in a jurisdiction other than the head office jurisdiction of Interac), clearing and settlement is in Canadian dollars, and payment obligations that arise from clearing within the system are ultimately settled through adjustments to the accounts of participants at the Bank of Canada.

I am of the opinion that e-Transfer could be operated in such a manner as to pose a payments system risk and therefore should be designated as subject to Part I of the Act. The Minister of Finance is of the opinion that it would be in the public interest to designate e-Transfer.

Accordingly, e-Transfer is hereby designated pursuant to subsection 4(1) of the Act, effective August 10, 2020.

July 31, 2020

Tiff Macklem
Governor

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to the three substances set out in this notice

Whereas the three substances set out in this notice are specified on the Domestic Substances List;footnote 1

Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of each of the three substances under section 68 of the Canadian Environmental Protection Act, 1999footnote 2 and, on August 8, 2020, published in the Canada Gazette, Part I, the final screening assessment report;

And whereas the ministers suspect that the information concerning a significant new activity in relation to any of the three substances set out in this notice may contribute to determining the circumstances in which any of the substances 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 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to any significant new activities relating to the three substances, 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, Quebec K1A 0H3, by fax to 819‑938‑5212, or by email to eccc.substances.eccc@canada.ca.

The final screening assessment for the substances 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 1 of the Domestic Substances List is proposed to be amended by deleting the following in numerical order:

  • 106-92-3
  • 2210-79-9
  • 2451-62-9

2. Part 2 of the List is proposed to be amended by adding the following in numerical order:

Column 1


Substance

Column 2

Significant new activity for which the substance is subject to subsection 81(3) of the Act

106-92-3 S′

  • 1. The use of the substance oxirane, [(2-propenyloxy)methyl]- in the manufacture of any of the following products such that the substance is present in the product in its uncured form in a concentration equal to or greater than 0.1% by weight:
    • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
    • (b) a cosmetic as defined in section 2 of the Food and Drugs Act.
  • 2. Any activity involving the use of the substance oxirane, [(2-propenyloxy)methyl]- in a quantity greater than 10 kg in a calendar year in any of the following products if the product contains the substance in its uncured form in a concentration equal to or greater than 0.1% by weight:
    • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
    • (b) a cosmetic as defined in section 2 of the Food and Drugs Act.
  • 3. Despite sections 1 and 2, the use of the substance is not a significant new activity if the substance is used
    • (a) as a research and development substance or as a site-limited intermediate substance as these expressions are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
    • (b) in the manufacture of a product that is referred to in those sections and that is intended only for export.
  • 4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the significant new activity begins:
    • (a) a description of the significant new activity;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 3 to 6 and paragraphs 7(a) and (b) of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in items 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
    • (e) a description of the consumer product or cosmetic that contains the substance, the intended use and method of application of that consumer product or cosmetic and the function of the substance in that consumer product or cosmetic;
    • (f) the total quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person proposing the significant new activity;
    • (g) all other information and test data in respect of the substance that are in the possession of the person who is proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (h) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency;
    • (i) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person who is proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf; and
    • (j) a certification that the information is accurate and complete, dated and signed by the person who is proposing the significant new activity, if they are resident in Canada or, if not, by the person resident in Canada who is authorized to act on their behalf.
  • 5. The information referred to in section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

2210-79-9 S′

  • 1. The use of the substance oxirane, [(2-methylphenoxy)methyl]- in the manufacture of any consumer product to which the Canada Consumer Product Safety Act applies such that the substance is present in the product in its uncured form in a concentration equal to or greater than 0.1% by weight, other than its use in the manufacture of
    • (a) a surface coating, adhesive or sealant that contains the substance at a concentration of less than 2.5% by weight;
    • (b) an epoxy-based surface coating for hobby and craft use that contains the substance at a concentration of less than 30% by weight that is to be sold in a container or a two-part application system with a volume smaller than 50 ml; or
    • (c) an epoxy-based adhesive or sealant for hobby and craft use that contains the substance at a concentration of less than 30% by weight that is to be sold in a container or a two-part application system with a volume smaller than 50 ml.
  • 2. Any activity involving the use of the substance oxirane, [(2-methylphenoxy)methyl]- in a quantity greater than 10 kg in a calendar year in any consumer product to which the Canada Consumer Product Safety Act applies, if the product contains the substance in its uncured form in a concentration equal to or greater than 0.1% by weight, other than its use as a component of
    • (a) a surface coating, adhesive or sealant that contains the substance at a concentration of less than 2.5% by weight;
    • (b) an epoxy-based surface coating for hobby and craft use that contains the substance at a concentration of less than 30% by weight that is to be sold in a container or a two-part application system with a volume smaller than 50 ml; or
    • (c) an epoxy-based adhesive or sealant for hobby and craft use that contains the substance at a concentration of less than 30% by weight that is to be sold in a container or a two-part application system with a volume smaller than 50 ml.
  • 3. Despite sections 1 and 2, the use of the substance is not a significant new activity if the substance is used
    • (a) as a research and development substance or as a site-limited intermediate substance as these expressions are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
    • (b) in the manufacture of a product that is referred to in those sections and that is intended for export only.
  • 4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the significant new activity begins:
    • (a) a description of the significant new activity;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 3 to 6 and paragraphs 7(a) and (b) of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in items 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
    • (e) a description of the consumer product that contains the substance, the intended use and method of application of that consumer product and the function of the substance in that consumer product;
    • (f) the total quantity of the consumer product expected to be sold in Canada in a calendar year by the person proposing the significant new activity;
    • (g) all other information and test data in respect of the substance that are in the possession of the person who is proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (h) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency;
    • (i) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person who is proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf; and
    • (j) a certification that the information is accurate and complete, dated and signed by the person who is proposing the significant new activity, if they are resident in Canada or, if not, by the person resident in Canada who is authorized to act on their behalf.
  • 5. The information referred to in section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

2451-62-9 S′

  • 1. The use of the substance 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris(oxiranylmethyl)- in the manufacture of any of the following products such that the substance is present in the product in its uncured form in a concentration equal to or greater than 0.1% by weight:
    • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
    • (b) a cosmetic, as defined in section 2 of the Food and Drugs Act.
  • 2. Any activity involving the use of the substance 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris(oxiranylmethyl)- in a quantity greater than 10 kg in a calendar year in any of the following products if the product contains the substance in its uncured form in a concentration equal to or greater than 0.1% by weight:
    • (a) a consumer product to which the Canada Consumer Product Safety Act applies; or
    • (b) a cosmetic as defined in section 2 of the Food and Drugs Act.
  • 3. Despite sections 1 and 2, the use of the substance is not a significant new activity if the substance is used
    • (a) as a research and development substance or as a site-limited intermediate substance as these expressions are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
    • (b) in the manufacture of a product that is referred to in those sections and that is intended for export only.
  • 4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the significant new activity begins:
    • (a) a description of the significant new activity;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 3 to 6 and paragraphs 7(a) and (b) of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in items 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
    • (e) a description of the consumer product or cosmetic that contains the substance, the intended use and method of application of that consumer product or cosmetic and the function of the substance in that consumer product or cosmetic;
    • (f) the total quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person proposing the significant new activity;
    • (g) all other information and test data in respect of the substance that are in the possession of the person who is proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (h) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency;
    • (i) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person who is proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf; and
    • (j) a certification that the information is accurate and complete, dated and signed by the person who is proposing the significant new activity, if they are resident in Canada or, if not, by the person resident in Canada who is authorized to act on their behalf.
  • 5. The information referred to in section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

EXPLANATORY NOTE

(This explanatory note is not part of the notice of intent.)

Description

The notice of intent (NOI) is an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL) pursuant to subsection 87(3) of Canadian Environmental Protection Act, 1999 (CEPA)footnote 1 to apply the Significant New Activity (SNAc) provisionsfootnote 3 to the following three substances:

  • Oxirane, [(2-propenyloxy)methyl]- (also known as AGE, Chemical Abstracts Service Registry Number [CAS RN]footnote 4 106-92-3);
  • Oxirane, [(2-methylphenoxy)methyl]- (also known as o-CGE, CAS RN 2210-79-9); and
  • 1,3,5-triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris(oxiranylmethyl)- (also known as TGIC, CAS RN 2451-62-9).

Within 60 days of publication of the NOI, 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 substances.

The DSL amendment is not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.

Information gathering methods other than the use of the SNAc provisions were considered, including adding the substances to voluntary or mandatory surveys under CEPA and the periodic market surveillance of products through the analysis of safety data sheets (SDS).footnote 5 However, these mechanisms would collect information after any of the substances are used in consumer products or cosmetics, which could potentially lead to exposures of concern.

Applicability of the proposed Order

It is proposed that the Order amending the DSL requires any person (individual or corporation) engaging in a significant new activity in relation to any of the substances to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 90 days prior to the import, manufacture or use of the substance for the significant new activity.

In order to address human health concerns, the Order would target the use of the substances listed in Schedule 1 in consumer products to which the Canada Consumer Product Safety Act applies. In addition, the Order would target cosmetics, as these are defined in section 2 of the Food and Drugs Act (with the exception of o-CGE). Consumer products and cosmetics are potential sources of direct and significant human exposure to these substances.

For the manufacture of such products, notification would be required when the concentration of the substance in the product is greater than 0.1% by weight, with the following notification exceptions for o-CGE:

  • epoxy-based surface coatings or adhesives and sealants meant for hobbies and crafts would require notification if the concentration of the substance is greater than 30% by weight in such products only if the total volume of the product container or the product in a two-part application system to be sold is smaller than 50 ml; and
  • other surface coatings as well as adhesive or sealant products would require notification if the concentration of the substance is greater than 2.5% by weight.

For any other activity related to consumer products or cosmetics, other than the above exceptions for o-CGE, notification would be required when the concentration of the substance in the product is greater than or equal to 0.1% by weight, and the total quantity of the substance in the products that is used during a calendar year is greater than 10 kg.

For example, with AGE, notification would be required if a company plans to import a product to be used by consumers that is a sealant product for polyurethane-based applications where the concentration of the substance in the product is greater than 0.1% by weight and there is more than 10 kg of the substance involved in a calendar year. Other examples of products of concern for AGE would include, but would not be limited to, cosmetics as well as do-it-yourself products such as paints, adhesives or sealants for general household repairs or decorative purposes. Therefore, the import, manufacture, or use of AGE for such products as defined in the Order would require notification.

In an example for o-CGE, a company would need to notify if it plans to import surface coating products that are available to consumers where o-CGE in its uncured or unreacted form is at a concentration greater than 2.5% by weight. Other products of concern regarding o-CGE could include adhesives and sealants for hobby craft or artistic supplies, household decor available to consumers, in their uncured or unreacted form for which the final concentration of o-CGE in these products would be greater than 30% by weight.

For example, for TGIC, a company would need to notify if it plans to import the substance in a consumer product, such as a paint or other surface coating product with a concentration of the substance that is greater than 0.1% by weight and the total amount of TGIC is greater than 10 kg in a calendar year.

Activities not subject to the proposed Order

The manufacture of consumer products and cosmetics that contain the substance would not be subject to the proposed Order if the concentration of these substances in the product is less than 0.1% by weight. Any other activity involving the use of the substance in a consumer product or cosmetic would not be subject to the proposed Order if the total quantity of the substance involved in the activity is 10 kg or less in a calendar year. For activities involving more than 10 kg of the substance in a calendar year, the proposed Order would not apply if the concentration of the substance in the consumer product or cosmetic involved in the activity is less than 0.1% by weight.

The proposed Order would not apply to uses of the substance that are regulated under the acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The proposed Order would also not apply to transient reaction intermediates, impurities, contaminants, partially unreacted intermediates, 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 proposed Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.

The use of AGE, o-CGE, or TGIC as a research and development substance, a site-limited intermediate substance, or to manufacture an export-only product would not require the submission of a SNAN as these activities are not expected to result in exposure to the general population in Canada. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). An export-only product manufactured with the substance is one destined solely for foreign markets.

Information to be submitted

The NOI sets out the proposed requirements for information that would need to be provided to the Minister 90 days before the day on which the substance is 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 human health and environmental assessments within 90 days after the complete information is received.

The information requirements in the proposed Order relate to general information in respect of the substance, details surrounding its use, and to exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Compliance

When assessing whether or not a substance is subject to SNAc provisions,footnote 6 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 substance, mixture, or product are expected to have access to import records, usage information and the relevant SDS.

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. Therefore, an SDS may not list all product ingredients 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 any information becomes available that reasonably supports the conclusion that the substances AGE, o-CGE or TGIC 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 substance 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 substance 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 substance 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 an order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances by contacting 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. 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

Significant New Activity Notice No. 20393

Significant New Activity Notice

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

Whereas the Minister of the Environment and the Minister of Health have assessed information in their possession in respect of the substance 2-alkenoic acid, methyl-, 2-ethylhexyl ester, polymer with hexadecyl alkyl-alkenoate, α-(methyl-oxo-alkenyl)-ω-hydroxy poly(oxy-1,2-ethanediyl), octadecyl alkyl-alkenoate and polyhaloalkyl alkyl-alkenoate, Confidential Substance Identity Number 19475-3, under section 83 of the Canadian Environmental Protection Act, 1999;

Whereas the substance is not specified on the Domestic Substances List;

And whereas the ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of section 64 of the Act,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that Act applies with respect to the substance in accordance with the Annex.

The Honourable Jonathan Wilkinson
Minister of the Environment

ANNEX

Information requirements

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

1. The following definition applies in this notice:

  • “substance” means 2-alkenoic acid, methyl-, 2-ethylhexyl ester, polymer with hexadecyl alkyl-alkenoate, α-(methyl-oxo-alkenyl)-ω-hydroxy poly(oxy-1,2-ethanediyl), octadecyl alkyl-alkenoate and polyhaloalkyl alkyl-alkenoate, Confidential Substance Identity Number 19475-3.

2. In relation to the substance, a significant new activity is

  • (a) the use of the substance in the manufacture of any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:
    • (i) a consumer product to which the Canada Consumer Product Safety Act applies that releases or sprays the substance in airborne particles of less than or equal to 10 micrometres in size, or
    • (ii) a cosmetic, as defined in section 2 of the Food and Drugs Act, that releases or sprays the substance in airborne particles of less than or equal to 10 micrometres in size; and
  • (b) the distribution for sale of the substance in a quantity greater than 10 kg in a calendar year in any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:
    • (i) a consumer product to which the Canada Consumer Product Safety Act applies that releases or sprays the substance in airborne particles of less than or equal to 10 micrometres in size, or
    • (ii) a cosmetic, as defined in section 2 of the Food and Drugs Act, that releases or sprays the substance in airborne particles of less than or equal to 10 micrometres in size.

3. Despite section 2, a use of the substance is not a significant new activity if the substance is used

  • (a) as a research and development substance or as a site-limited intermediate substance as these terms are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
  • (b) in the manufacture of a consumer product or cosmetic, as described in that section, that is for export only.

4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the activity begins:

  • (a) a description of the significant new activity in relation to the substance;
  • (b) the information specified in paragraph 13(c) and subparagraphs 13(d)(i) to (iv) of Schedule 9 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (c) a description of the particle size distribution of the substance released or sprayed during use of the consumer product or cosmetic;
  • (d) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
  • (e) the quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person who proposes the significant new activity;
  • (f) the test data and a test report from one of the following:
    • (i) a toxicity test in respect of the substance, that is conducted in accordance with the methodology described in the Organisation for Economic Co-operation and Development (OECD) Guidelines for the Testing of Chemicals, Test No. 413, entitled Subchronic Inhalation Toxicity: 90-day Study, that is current at the time the test is conducted, or
    • (ii) a toxicity test in respect of the substance, that is conducted in accordance with the methodology described in the OECD Guidelines for the Testing of Chemicals, Test No. 412, entitled Subacute Inhalation Toxicity: 28-Day Study, that is current at the time the test is conducted;
  • (g) the tests referred to in paragraph 4(f) must be conducted in accordance with the Principles of Good Laboratory Practice set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted by the OECD on May 12, 1981, that are current at the time the test is conducted;
  • (h) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department’s or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency; and
  • (i) a summary of all other information or test data in respect of the substance that are in the possession of the person who is proposing the significant new activity, or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the substance.

5. The information referred to in section 4 will be assessed within 90 days after the day on which it is received by the Minister.

Transitional provisions

6. Despite section 2, in the period between the date of publication of the present notice and August 10, 2021, a significant new activity is

  • (a) the use of the substance in a quantity greater than or equal to 1 000 kg in a calendar year, in the manufacture of any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:
    • (i) a consumer product to which the Canada Consumer Product Safety Act applies, which releases or sprays the substance in airborne particles of less than or equal to 10 micrometres in size, or
    • (ii) a cosmetic as defined in section 2 of the Food and Drugs Act, which releases or sprays the substance in airborne particles of less than or equal to 10 micrometres in size; and
  • (b) the distribution for sale of the substance in a quantity greater than or equal to 1 000 kg in a calendar year, in any of the following products in which the substance is present in a concentration that is greater than or equal to 1% by weight:
    • (i) a consumer product to which the Canada Consumer Product Safety Act applies, which releases or sprays the substance in airborne particles of less than or equal to 10 micrometres in size, or
    • (ii) a cosmetic as defined in section 2 of the Food and Drugs Act, which releases or sprays the substance in airborne particles of less than or equal to 10 micrometres in size.

7. For greater certainty, in respect of calendar year 2021, the quantity of substance that is used before August 10 of that calendar year is not considered for the purposes of section 2.

EXPLANATORY NOTE

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

Description

This Significant New Activity (SNAc) Notice is a legal instrument adopted by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999 (the Act) to apply the SNAc provisions of that Act to the substance 2-alkenoic acid, methyl-, 2-ethylhexyl ester, polymer with hexadecyl alkyl-alkenoate, α-(methyl-oxo-alkenyl)-ω-hydroxy poly(oxy-1,2-ethanediyl), octadecyl alkyl-alkenoate and polyhaloalkyl alkyl-alkenoate, Confidential Substance Identity Number 19475-3. The Notice is now in force. It is therefore mandatory to meet all the requirements of the Notice should a person intend to use the substance for a significant new activity as defined in the Notice.

A SNAc Notice does not constitute an endorsement from the Department of the Environment or the Government of Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

Applicability of the Significant New Activity Notice

The Notice requires that any person (individual or corporation) engaging in a significant new activity in relation to 2-alkenoic acid, methyl-, 2-ethylhexyl ester, polymer with hexadecyl alkyl-alkenoate, α-(methyl-oxo-alkenyl)-ω-hydroxy poly(oxy-1,2-ethanediyl), octadecyl alkyl-alkenoate and polyhaloalkyl alkyl-alkenoate, Confidential Substance Identity Number 19475-3, submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Notice at least 90 days prior to using the substance for the significant new activity.

In order to address human toxicity concerns, the Notice requires notification in relation to the use of the substance in the manufacture of consumer products or cosmetics intended for applications that generate airborne particles of less than or equal to 10 micrometres, when the concentration of the substance is greater than or equal to 1% by weight. The notice also requires notification in relation to the distribution for sale of consumer products or cosmetics containing the substance. For example, notification is required if a person plans to manufacture or distribute an aerosol consumer product to treat textiles that would spray or release airborne particles of the substance of less than or equal to 10 micrometres in size and where the concentration of the substance in the consumer product is greater than or equal to 1% by weight.

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

Activities not subject to the Notice

The following activities are not significant new activities:

Uses of the substance that are regulated under the Acts of Parliament listed in Schedule 2 of the Act, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act, are excluded from the Notice. The Notice also does not apply to transient reaction intermediates, impurities, contaminants, partially unreacted materials, or in some circumstances to items such as, but not limited to, wastes, mixtures, or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the provisions of the Act. See subsection 81(6) and section 3 of the Act, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.

Activities involving the use of the substance as a research and development substance or a site-limited intermediate or an export-only product are excluded from the Notice. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers).

Information to be submitted

The Notice sets out the information that must be provided to the Minister 90 days before the day on which the substance 2-alkenoic acid, methyl-, 2-ethylhexyl ester, polymer with hexadecyl alkyl-alkenoate, α-(methyl-oxo-alkenyl)-ω-hydroxy poly(oxy-1,2-ethanediyl), octadecyl alkyl-alkenoate and polyhaloalkyl alkyl-alkenoate, Confidential Identity Number 19475-3, is used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct risk assessments within 90 days after the complete information is received.

The earlier assessment of the substance identified potential concerns associated with uses of the substance in consumer spray applications that generate respirable airborne particles of equal to or less than 10 micrometres. This substance with high molecular weight and water-insoluble components can potentially cause pulmonary complications if inhaled. The SNAc Notice is issued to gather toxicity information in the event that the substance is used in consumer spray applications or in cosmetics that generate airborne particles of equal to or less than 10 micrometres to ensure that the substance will undergo further assessment before significant new activity is undertaken.

The information requirements in the Notice relate to general information in respect of the substance, details surrounding its use, exposure information, and toxicity to human health and the environment. Some of the information requirements reference the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 1.3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Transitional provision

A transitional provision is included in the Notice to facilitate compliance by persons who may already have imported or manufactured the substance up to 1 000 kg and started activities with it in concentrations that are equal to or greater than 1% by weight in the product matrix. The Notice comes into force immediately. However, if the substance is used to manufacture or distribute for sale in consumer products to which the Canada Consumer Product Safety Act applies, or in a cosmetic as defined in the Food and Drugs Act, which releases or sprays the substance in airborne particles of equal to or less than 10 micrometres in size, a threshold of more than or equal to 1 000 kg per calendar year applies and a concentration equal to or greater than 1% by weight applies for the period between the publication of the Notice and August 10, 2021. On August 11, 2021, the threshold will be lowered to 0 kg per calendar year when the substance is used to manufacture consumer or cosmetic products that release or spray the substance in airborne particles of equal to or less than 10 micrometres in size, and the concentration will remain equal to or greater than 1% by weight. On August 11, 2021, the threshold will be lowered to 10 kg per calendar year when consumer or cosmetic products, which release or spray the substance in airborne particles of equal to or less than 10 micrometres in size, are intended for distribution for sale, and the concentration will remain equal to or greater than 1% by weight.

Compliance

When assessing whether or not a substance is subject to SNAc provisions, a person is expected to make use of information in their possession or to which they may reasonably have access. This means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information and the relevant safety data sheets (SDSs), formerly “material safety data sheets” (MSDSs). More details are contained in the Regulations Amending the New Substances Notification Regulations (Chemicals and Polymers) and the Export of Substances on the Export Control List Regulations for reference to this amendment.

Although an SDS is an important source of information on the composition of a product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to a SNAc notice due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If any information becomes available that reasonably supports the conclusion that the substance 2-alkenoic acid, methyl-, 2-ethylhexyl ester, polymer with hexadecyl alkyl-alkenoate, α-(methyl-oxo-alkenyl)-ω-hydroxy poly(oxy-1,2-ethanediyl), octadecyl alkyl-alkenoate and polyhaloalkyl alkyl-alkenoate, Confidential Substance Identity Number 19475-3 is toxic or capable of becoming toxic, the person who is in possession of or that has knowledge of the information and is involved in activities with the substance is obligated, under section 70 of the Act, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession or control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN submitted by the person from whom they obtained the substance. The Substances Management Advisory Note “Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999” provides more detail on this subject.

Under section 86 of the Act, any person who transfers the physical possession or control of a substance subject to a SNAc notice must notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Notice, including the obligation to notify the Minister of any SNAc and to provide all the required information outlined above.

A pre-notification consultation (PNC) is recommended for notifiers who wish to consult with the program during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.

Where a person has questions concerning their obligations to comply with a notice, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances with the program by contacting the Substances Management Information Line [eccc.substances.eccc@canada.ca (email), 1‑800‑567‑1999 (toll-free in Canada), and 819‑938‑3232 (outside of Canada)].

The Act is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act. In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, potential harm, intent, and history of compliance.

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after screening assessment of five substances of the Epoxides and Glycidyl Ethers Group specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas beta-caryophyllenoxide and alkyl (C12-C13) glycidyl ether are substances identified under subsection 73(1) of the Canadian Environmental Protection Act1999;

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

And whereas it is concluded that these five substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on these substances at this time under section 77 of the Act for the two 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 three substances at this time.

Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List under subsection 87(3) of the Act to indicate that the significant new activity provisions under subsection 81(3) apply with respect to allyl glycidyl ether, o-cresol glycidyl ether, and triglycidyl isocyanurate.

Jonathan Wilkinson
Minister of the Environment

Patty Hajdu
Minister of Health

ANNEX

Summary of the screening assessment of the Epoxides and Glycidyl Ethers Group

Pursuant to sections 68 and 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of 5 of 12 substances referred to collectively under the Chemicals Management Plan as the Epoxides and Glycidyl Ethers Group. These 5 substances were identified as priorities for assessment, as they met the categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns. The other 7 substances were determined to be of low concern through other approaches, and decisions for these substances are provided in separate reports.footnote 8 footnote 9 Accordingly, this screening assessment addresses the 5 substances listed in the table below. The 5 substances addressed in this screening assessment will hereinafter be referred to as the Epoxides and Glycidyl Ethers Group. The Chemical Abstracts Service Registry Numbers (CAS RNsfootnote 4), the Domestic Substances List (DSL) names, the common names and the abbreviations of these substances are listed in the table below.

Substances in the Epoxides and Glycidyl Ethers Group

CAS RN

DSL name

Common name

(abbreviation)

106-92-3 table b1 note a

Oxirane, [(2-propenyloxy)methyl]-

Allyl glycidyl ether (AGE)

1139-30-6

5-Oxatricyclo[8.2.0.04,6]dodecane, 4,12,12-trimethyl-9-methylene-, [1R-(1R,4R,6R,10S)]-

Beta-caryophyllenoxide (BCPO)

2210-79-9 table b1 note a

Oxirane, [(2-methylphenoxy)methyl]-

o-Cresol glycidyl ether (o-CGE)

2451-62-9 table b1 note a

1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris(oxiranylmethyl)-

Triglycidyl isocyanurate (TGIC)

120547-52-6 table b1 note b

Oxirane, mono[(C12-13-alkyloxy)methyl] derivs.

Alkyl (C12-C13) glycidyl ether (C12-C13 AGE)

Table b1 note(s)

Table b1 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 b1 note a referrer

Table b1 note b

This substance is a UVCB (which stands for substances of unknown or variable composition, complex reaction products or biological materials).

Return to table b1 note b referrer

With the exception of BCPO, which is naturally present in some plant species and essential oils, the substances in the Epoxides and Glycidyl Ethers Group are not known to occur naturally. All of the substances in the Epoxides and Glycidyl Ethers Group were included in surveys issued pursuant to section 71 of CEPA. AGE, BCPO, o-CGE, and TGIC were not reported to be manufactured in Canada above the reporting threshold of 100 kg in 2011. Imported quantities of AGE, BCPO, o-CGE, and TGIC were 100 to 10 000 kg, <100 kg, 79 000 kg, and 407 000 kg, respectively, in the 2008 or 2011 reporting year. C12-C13 AGE was not reported to be manufactured or imported above the reporting threshold of 100 kg in 2011.

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

Considering all available lines of evidence presented in this screening assessment, there is a low risk of harm to the environment from AGE, BCPO, o-CGE, TGIC and C12-C13 AGE. It is concluded that AGE, BCPO, o-CGE, TGIC and C12-C13 AGE 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.

AGE is used as a reactive diluent in epoxy resin systems; however, its applications are primarily as an industrial intermediate and no products available to consumers were identified. Exposure of the general population to AGE from environmental media is expected to be minimal due to the low quantities reported in commerce and the rapid degradation of the substance in the environment. AGE is associated with health effects of concerns, as it has been classified as suspected of causing genetic defects, cancer, and fertility damage. However, since exposure to the general population is expected to be minimal, the risk to human health from exposure to AGE is low.

BCPO is reported to be used in cosmetic products as a fragrance ingredient. It is not an approved food additive in Canada; however, the substance may be present in foods as a flavouring agent, as it is reported to be used as such in the United States and Europe. Exposure of the general population to BCPO from environmental media is expected to be minimal due to the low quantities reported to be in commerce. Adverse effects on the liver and the mesenteric lymphatic system observed in laboratory studies were identified as the critical effects for risk characterization. Comparison of estimates of exposure from the use of cosmetic products containing BCPO with the critical effect level resulted in margins of exposure that were considered adequate to address uncertainties in the exposure and health effects databases. Estimated intakes derived by both the Joint FAO/WHO (Food and Agriculture Organization of the United Nations/World Health Organization) Expert Committee on Food Additives and the European Food Safety Authority for the use of BCPO as a food flavouring agent are several orders of magnitude lower than the critical effect level for this substance, and the risk to human health from exposure to BCPO from its use as a food flavour is considered low.

o-CGE is used predominantly as a reactive diluent in the formulation of epoxy resins and was identified in a limited number of do-it-yourself products, including a flooring adhesive, a floor coating for garages, a two-component epoxy resin, and an arts and crafts/hobby resin. General population exposure to o-CGE from environmental media is expected to be negligible. Carcinogenicity observed in laboratory studies conducted with structurally related substances as well as non-cancer effects observed in short-term studies with o-CGE (e.g. nasal mucosa inflammation) were identified as the critical effects for risk characterization. Comparison of estimates of exposure from the use of certain do-it-yourself products containing o-CGE with the critical effects levels resulted in margins of exposure that were considered adequate to address uncertainties in the exposure and health effects databases.

The predominant use of TGIC is as a cross-linking agent in the formulation of polyester resins used in the manufacture of polyester powder coatings. Exposure of the general population to TGIC from environmental media is expected to be minimal, as the substance is expected to be rapidly hydrolyzed if released. Exposure from contact with painted manufactured items is not expected, as the substance would be fully cross-linked and cured. TGIC is associated with health effects of concern, as it has been classified as potentially causing genetic defects. However, given the current levels of exposure to the general population, the risk to human health from exposure to TGIC is expected to be low.

C12-C13 AGE was identified in a limited number of do-it-yourself products, including a two-component epoxy adhesive, an epoxy filler sold in tube packaging, and in a multi-purpose low-viscosity epoxy resin, used to seal and coat various surfaces. Exposure to C12-C13 AGE from environmental media is not expected. Critical effects associated with short-term dermal exposure are limited to reversible site-of-contact effects, and the risk to human health from dermal exposure to C12-C13 from use of these products is considered low. Comparison of estimates of inhalation exposure to C12-C13 AGE with levels associated with adverse effects in laboratory animals resulted in margins of exposure that were considered to be adequate to address uncertainties in the exposure and health effects databases.

On the basis of the information presented in this screening assessment, it is concluded that AGE, BCPO, o-CGE, TGIC, and C12-C13 AGE 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.

Overall conclusion

Therefore, it is concluded that AGE, BCPO, o-CGE, TGIC, and C12-C13 AGE do not meet any of the criteria set out in section 64 of CEPA.

Consideration for follow-up

Because AGE, o-CGE and TGIC are listed on the Domestic Substances List (DSL), their import and manufacture in Canada are not subject to notification under the New Substances Notification Regulations (Chemical and Polymers) under subsection 81(1) of CEPA. Since AGE, o-CGE and TGIC are considered to have human health effects of concern, there is suspicion that new activities that have not been identified or assessed could lead to any of these substances meeting the criteria set out in section 64 of CEPA. Therefore, the Government of Canada intends to amend the DSL, under subsection 87(3) of the Act, to indicate that the significant new activity (SNAc) provisions under subsection 81(3) of the Act apply with respect to these substances.

A significant new activity can include an activity that has not been conducted with a substance in the past, or an existing one with a different quantity or in different circumstances that could affect the exposure pattern of the substance. The SNAc provisions trigger an obligation for a person (individual or corporation) to provide information about a substance when a person proposes to use the substance 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 substance, if used in the proposed new activity, could pose a risk to the environment or human health, and, if so, whether risk management is required.

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

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed guideline technical document for 2,4- Dichlorophenoxyacetic Acid (2,4-D) in drinking water

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline technical document for 2,4- Dichlorophenoxyacetic Acid (2,4-D) in drinking water. The proposed guideline document is available from August 7, 2020, to November 6, 2020, on the Health Canada consultation web page. Any person may, within 90 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments must be sent 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, AL 4903D, Ottawa, Ontario K1A 0K9.

August 7, 2020

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Proposed guideline

A maximum acceptable concentration (MAC) of 0.10 mg/L (100 µg/L) is proposed for 2,4-dichlorophenoxyacetic acid (2,4-D) in drinking water.

Executive summary

This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and is based on assessments of 2,4-D completed by Health Canada’s Pest Management Regulatory Agency (PMRA) and supporting documents.

Exposure

2,4-D is an herbicide used mainly to control broadleaf weeds. In 2016 (the most recent year for which data are available), it was one of the top 10 active ingredients sold in Canada. It is used on turf, forests, woodlots, terrestrial feed, food crops, and industrial and domestic non-food sites. Various forms of 2,4-D, including the free acid, salts and esters, are used in herbicide formulations and all release the acid as the active ingredient.

Exposure of Canadians to 2,4-D is expected to be low despite 2,4-D’s widespread use. Low levels of 2,4-D in sources of drinking water have been found in many Canadian provinces. 2,4-D does not tend to accumulate in food, and inhalation exposure is not expected to be significant.

Health effects

Animal studies have consistently found that 2,4-D affects the kidneys of mice and rats. There are no studies regarding kidney effects of 2,4-D in humans. Although some agencies consider 2,4-D to be possibly carcinogenic, international drinking water agencies have all assessed 2,4-D based on its non-cancer effects.

Analytical and treatment

The establishment of a drinking water guideline takes into consideration the ability to both measure the contaminant and remove it from drinking water supplies. 2,4-D can be detected at levels well below the proposed MAC of 0.10 mg/L.

Treatment technologies are available to effectively reduce 2,4-D concentrations in drinking water. Activated carbon adsorption is recognized as the best available technology. Biological filtration processes can also reduce 2,4-D concentrations. However, conventional treatment is not effective for 2,4-D removal. Typical oxidation/disinfection processes used in drinking water treatment also have limited potential to reduce 2,4-D concentrations.

At the residential scale, a number of certified treatment devices are currently available for the removal of 2,4-D. These devices rely mainly on adsorption (activated carbon) and reverse osmosis technologies.

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.

The proposed guideline for 2,4-D is protective against health effects from exposure to 2,4-D in drinking water over a lifetime. Any exceedance of the proposed MAC should be investigated and followed by the appropriate corrective actions if required. For exceedances in source water where there is no treatment in place, additional monitoring to confirm the exceedance should be conducted. If it is confirmed that source water 2,4-D concentrations are above the proposed MAC, then an investigation to determine the most appropriate way to reduce exposure to 2,4-D should be conducted. This may include use of an alternate water supply or installation of treatment. Where treatment is already in place and an exceedance occurs, an investigation should be conducted to verify treatment and determine if adjustments are needed to lower the treated water concentration below the proposed MAC.

2,4-D is a chlorophenoxyacetic acid herbicide registered for commercial and domestic use in Canada to control broadleaf weeds. Applications can be made to agricultural crops, forested areas, lawn and turf (including residential uses), and other industrial sites. It is foliar applied when weeds are actively growing, which, considering the broad use pattern, can be season long (e.g. spring to fall). In areas of high use, 2,4-D can be introduced into surface water and possibly into groundwater through runoff and infiltration or as the result of spills. 2,4-D is non- to slightly persistent in water and soil and undergoes rapid biological degradation under aerobic conditions. However, in oxygen-deprived environments such as anaerobic groundwater, the biological degradation of 2,4-D is rather limited.

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 has established a maximum contaminant level of 0.07 mg/L, while the World Health Organization and the Australian National Health and Medical Research Council have established a guideline value of 0.03 mg/L for 2,4-D.

The European Union (EU) does not have a specific parametric value for individual pesticides. Instead, the EU has a value of 0.1 µg/L for any individual (single) pesticide, and a value of 0.5 µg/L for total pesticides found in drinking water. In establishing these values, the EU did not consider the science related to each pesticide, including the health effects. Instead, the values are based on a policy decision to keep pesticides out of drinking water.

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 4

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 4 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 sections 4.71footnote a and 4.9footnote b, paragraphs 7.6(1)(a)footnote c and (b)footnote d and section 7.7footnote e of the Aeronautics Actfootnote f;

And whereas, pursuant to subsection 6.41(1.2)footnote g of that Act, the Minister of Transport has consulted with the persons and organizations that that Minister considers appropriate in the circumstances before making the annexed Order;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)footnote g of the Aeronautics Act footnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 4.

Ottawa, July 25, 2020

Marc Garneau
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 4

Interpretation

Definitions

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

  • air carrier means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
  • checked baggage has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (bagages enregistrés)
  • COVID-19 means the coronavirus disease 2019. (COVID-19)
  • document of entitlement has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
  • elevated temperature means a temperature within the range set out in the standards. (température élevée)
  • face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops. (masque)
  • foreign national means a person who is not a Canadian citizen or a permanent resident and includes a stateless person. (étranger)
  • non-passenger screening checkpoint has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
  • passenger screening checkpoint has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
  • peace officer has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
  • Regulations means the Canadian Aviation Regulations. (Règlement)
  • restricted area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
  • screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
  • standards means the document entitled the Transport Canada Temperature Screening Standards, published by the Minister. (normes)

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 or the Canadian Aviation Security Regulations, 2012, the Interim Order prevails.

Notification

Federal, provincial and territorial measures

2 (1) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

Quarantine Act Order — other country except United States

(2) A private operator or air carrier operating a flight to Canada departing from any other country except the United States must notify every foreign national boarding the aircraft for the flight that they may be prohibited from entering Canada under the Order made by the Governor General in Council, under the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States).

Quarantine Act Order — United States

(3) A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national boarding the aircraft for the flight that they may be prohibited from entering Canada under the Order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

False declarations

(4) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be liable to a monetary penalty if they provide a confirmation referred to in subsection 3(1), (2) or (3) that they know to be false or misleading.

Confirmation

Federal, provincial and territorial measures

3 (1) Before boarding an aircraft for a flight between two points in Canada or a flight to Canada departing from any other country, every person must confirm to the private operator or air carrier operating the flight that they understand that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

Quarantine Act Order — other country except United States

(2) Before boarding an aircraft for a flight to Canada from any other country except the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(2).

Quarantine Act Order — United States

(3) Before boarding an aircraft for a flight to Canada from the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(3).

False declaration

(4) A person must not provide a confirmation under subsection (1) that they know to be false or misleading.

False declaration — Quarantine Act Orders

(5) A foreign national must not provide a confirmation under subsection (2) or (3) that they know to be false or misleading.

Exception

(6) A competent adult may provide a confirmation referred to in subsection (1), (2) or (3) on behalf of a person who is not a competent adult.

Prohibition

4 A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must not permit a person to board the aircraft for the flight if the person is a competent adult and does not provide a confirmation that they are required to provide under subsection 3(1), (2) or (3).

Foreign Nationals

Prohibition

5 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight that the private operator or air carrier operates to Canada departing from any other country.

Exception

6 Section 5 does not apply to a foreign national who is permitted to enter Canada under the Order referred to in subsection 2(2) or (3).

Health Check

Non-application

7 Sections 8 to 10 do not apply to either of the following persons:

  • (a) a crew member;
  • (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

Health check

8 (1) A private operator or air carrier must conduct a health check of every person boarding an aircraft for a flight that the private operator or air carrier operates by asking questions to verify whether they exhibit any of the following symptoms:

  • (a) a fever;
  • (b) a cough;
  • (c) breathing difficulties.

Additional questions

(2) In addition to the health check, the private operator or air carrier must ask every person boarding an aircraft for a flight that the private operator or air carrier operates

  • (a) whether they have or suspect they have COVID-19;
  • (b) whether they have been refused boarding in the previous 14 days for a medical reason related to COVID-19; and
  • (c) in the case of a flight departing in Canada, whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

Notification

(3) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may be refused boarding if

  • (a) they exhibit a fever and a cough or a fever and breathing difficulties, unless they provide a medical certificate certifying that their symptoms are not related to COVID-19;
  • (b) they have, or suspect they have, COVID-19;
  • (c) they have been refused boarding in the previous 14 days for a medical reason related to COVID-19; or
  • (d) in the case of a flight departing in Canada, they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

False declaration — obligation of private operator or air carrier

(4) The private operator or air carrier must advise every person not to provide answers that they know to be false or misleading with respect to the health check and the additional questions.

False declaration — obligations of person

(5) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

  • (a) answer all questions; and
  • (b) not provide answers that they know to be false or misleading.

Exception

(6) A competent adult may answer all questions on behalf of a person who is not a competent adult and who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions.

Observations — private operator or air carrier

(7) During the boarding process for a flight that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the aircraft is exhibiting any symptoms referred to in subsection (1).

Prohibition

9 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

  • (a) the person’s answers to the health check questions indicate that they exhibit
    • (i) a fever and cough, or
    • (ii) a fever and breathing difficulties;
  • (b) the private operator or air carrier observes that, as they are boarding, the person exhibits
    • (i) a fever and cough, or
    • (ii) a fever and breathing difficulties;
  • (c) the person’s answer to any of the additional questions asked of them under subsection 8(2) is in the affirmative; or
  • (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or (2).

Period of 14 days

10 A person who is not permitted to board an aircraft under section 9 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

Temperature Screening — Flights to Canada

Application

11 (1) Sections 12 to 18 apply to an air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

Non-application

(2) Sections 12 to 18 do not apply to either of the following persons:

  • (a) an infant;
  • (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement

12 (1) An air carrier must conduct a temperature screening of every person boarding an aircraft for a flight that the air carrier operates. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in those standards.

Second screening

(2) The air carrier must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature or a fever. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in those standards.

Notification

13 (1) An air carrier must notify every person boarding an aircraft for a flight that the air carrier operates that they may be refused boarding of an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation

(2) Before boarding an aircraft for a flight, every person must confirm to the air carrier operating the flight that they understand that they may be refused boarding of an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

14 (1) If the temperature screening conducted under subsection 12(2) indicates that the person has an elevated temperature, the air carrier must

  • (a) refuse boarding to the person; and
  • (b) notify the person that they are not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the air carrier must refuse boarding to the person.

Period of 14 days

15 A person who is refused boarding of an aircraft under section 14 is not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

16 An air carrier must calibrate and maintain the equipment that it uses to conduct temperature screenings under subsection 12(2) in accordance with the standards.

Requirement — training

17 An air carrier must ensure that the person using the equipment to conduct temperature screenings under subsection 12(2) has been trained, in accordance with the standards, to operate the equipment and interpret the data that the equipment produces.

Record keeping — equipment

18 (1) An air carrier must keep a record of all of the following information in respect of each flight it operates:

  • (a) the number of persons who are refused boarding under paragraph 14(1)(a);
  • (b) the date and number of the flight;
  • (c) the make and model of the equipment that the air carrier used to conduct the temperature screenings under subsection 12(2);
  • (d) the date and time that that equipment was last calibrated and last maintained, as well as the name of the person who performed the calibration or maintenance;
  • (e) the results of the last calibration and the activities performed during the last maintenance of that equipment, including any corrective measures taken.

Record keeping — training

(2) An air carrier must keep a record of the name of every person who has received training in accordance with the standards to conduct temperature screenings under subsection 12(2) on behalf of the air carrier, as well as the contents of the training.

Retention period

(3) The air carrier must retain the records referred to in subsection (1) for a period of 90 days after the day of the flight.

Ministerial access

(4) The air carrier must make the records available to the Minister on request.

Temperature Screening — Flights Originating in Canada

Application

19 (1) Beginning on July 30, 2020 at noon Eastern time, sections 20 to 29 apply to all of the following persons:

  • (a) a person entering a restricted area within an air terminal building at an aerodrome listed in Schedule 1 from a non-restricted area;
  • (b) a person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building at an aerodrome listed in Schedule 1;
  • (c) the operator of an aerodrome listed in Schedule 1;
  • (d) a screening authority responsible for the screening of persons and goods at an aerodrome listed in Schedule 1;
  • (e) an air carrier operating a flight departing from an air terminal building at an aerodrome listed in Schedule 1.

Non-application

(2) Sections 20 to 29 do not apply to any of the following persons:

  • (a) an infant;
  • (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19;
  • (c) a member of emergency response provider personnel who is responding to an emergency;
  • (d) a peace officer who is responding to an emergency.

Requirement

20 A person entering a restricted area within an air terminal building from a non-restricted area within the air terminal building must do so at a passenger screening checkpoint or non-passenger screening checkpoint.

Requirement — temperature screening

21 (1) A screening authority must conduct a temperature screening of every person who presents themselves at a passenger screening checkpoint or non-passenger screening checkpoint within an air terminal building for the purpose of entering a restricted area from a non-restricted area and of every person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in those standards.

Second screening

(2) Following a rest period of 10 minutes, the screening authority must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature or a fever. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in those standards.

Notification — passenger screening checkpoint

22 (1) An air carrier must notify every person who intends to board an aircraft for a flight that the air carrier operates that they may be refused boarding of an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 21(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation — passenger screening checkpoint

(2) Before passing beyond a passenger screening checkpoint to board an aircraft for a flight, every person must confirm to the air carrier operating the flight that they understand that they may be refused boarding of an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 21(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

23 (1) If the temperature screening conducted under subsection 21(2) indicates that the person has an elevated temperature, the screening authority must

  • (a) deny the person entry to the restricted area; and
  • (b) notify the person that they are not permitted to board an aircraft for a flight originating in Canada or enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the screening authority must deny them entry to the restricted area.

Period of 14 days

24 A person who is denied entry to the restricted area under section 23 is not permitted to enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Denial — person intending to board aircraft

25 (1) If under section 23 a screening authority denies a person, other than a crew member, who intends to board an aircraft for a flight entry to a restricted area, the screening authority must, for the purpose of paragraph 25(4)(a), notify the air carrier operating the flight that the person has been denied entry to the restricted area and provide the person’s name and flight number to the air carrier.

Denial — person not intending to board aircraft

(2) If under section 23 a screening authority denies a person who does not intend to board an aircraft for a flight entry to a restricted area, the screening authority must, for the purpose of subsection 25(5), provide all of the following information to the operator of the aerodrome:

  • (a) the person’s name as it appears on their document of entitlement;
  • (b) the number or identifier of the person’s document of entitlement;
  • (c) the reason why the person was denied entry to the restricted area.

Denial — crew member

(3) If under section 23 a screening authority denies a crew member entry to a restricted area, the screening authority must provide all of the information referred to in subsection (2) to the air carrier for the purpose of allowing the air carrier to assign a replacement crew member, if necessary.

Denial — air carrier requirements

(4) An air carrier that has been notified under subsection (1) must

  • (a) ensure that the person is directed to a location where they can retrieve their checked baggage, if applicable; and
  • (b) if the person is escorted to a location where they can retrieve their checked baggage, ensure that the escort wears a mask and maintains a distance of at least two metres between themselves and the person.

Denial — aerodrome operator requirement

(5) The operator of an aerodrome that has been notified under subsection (2) must suspend the person’s restricted area entry privileges for a period of 14 days after the person was denied entry to the restricted area, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — person not intending to board aircraft and crew member

(6) If under section 23 a screening authority denies a person who does not intend to board an aircraft for a flight or who is a crew member entry to a restricted area, the person must not present themselves at a passenger screening checkpoint or non-passenger screening checkpoint at any aerodrome for the purpose of entering a restricted area for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

26 A screening authority must calibrate and maintain the equipment that it uses to conduct temperature screenings under section 21 in accordance with the standards.

Requirement — training

27 A screening authority must ensure that the person using the equipment to conduct temperature screenings under section 21 has been trained, in accordance with the standards, to operate the equipment and interpret the data that the equipment produces.

Record keeping — equipment

28 (1) A screening authority must keep a record of all of the following information with respect to any temperature screening it conducts:

  • (a) the number of persons who are denied entry at a passenger screening checkpoint to a restricted area under paragraph 23(1)(a);
  • (b) the number of persons who are denied entry at a non-passenger screening checkpoint to a restricted area under paragraph 23(1)(a);
  • (c) the flight number of any person who is denied entry at a passenger screening checkpoint to a restricted area under paragraph 23(1)(a) and the date on which the person was denied entry;
  • (d) the make and model of the equipment that the screening authority uses to conduct the temperature screenings under section 21;
  • (e) the date and time when that equipment was calibrated and maintained, as well as the name of the person who performed the calibration or maintenance;
  • (f) the results of the calibration and the activities performed during the maintenance of that equipment, including any corrective measures taken.

Record keeping — training

(2) The screening authority must keep a record of the name of every person who has received training in accordance with the standards to conduct temperature screenings under section 21 on behalf of the screening authority, as well as the contents of the training.

Ministerial access

(3) The screening authority must make the records referred to in subsections (1) and (2) available to the Minister on request.

Temperature screening facilities

29 The operator of an aerodrome must make facilities available for temperature screening that are accessible without having to enter a restricted area.

Requirement — air carrier representative

30 Before July 30, 2020, an air carrier operating a flight departing from an air terminal building at an aerodrome listed in Schedule 1 must provide the screening authority responsible for the screening of persons and goods at that aerodrome with the name and telephone number of a representative of the air carrier for the purposes of facilitating the return of checked baggage to persons who are denied entry to a restricted area under subsection 23(1).

Face Masks

Non-application

31 Sections 32 to 37 do not apply to any of the following persons:

  • (a) an infant;
  • (b) a person who has breathing difficulties unrelated to COVID-19;
  • (c) a person who is unconscious;
  • (d) a person who is unable to remove their face mask without assistance;
  • (e) a crew member;
  • (f) a gate agent.

Notification

32 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that

  • (a) the person must be in possession of a face mask prior to boarding;
  • (b) the person must wear the face mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building when they are two metres or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose; and
  • (c) the person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.

Obligation to possess face mask

33 Every person must be in possession of a face mask prior to boarding an aircraft for a flight.

Wearing of face mask — persons

34 (1) Subject to subsections (2) to (4), a private operator or air carrier must require a person to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates when the person is two metres or less from another person.

Exceptions — person

(2) Subsection (1) does not apply

  • (a) when the only other persons who are two metres or less from the person are occupants of the person’s dwelling-house or other place that serves that purpose;
  • (b) when the safety of the person could be endangered by wearing a face mask;
  • (c) when the person is drinking, eating or taking oral medications;
  • (d) when a gate agent or a crew member authorizes the removal of the face mask to address unforeseen circumstances or the person’s special needs; or
  • (e) when a gate agent, a member of the aerodrome’s security personnel or a crew member authorizes the removal of the face mask to verify the person’s identity.

Exceptions — flight deck

(3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:

  • (a) a Department of Transport air carrier inspector;
  • (b) an inspector of the civil aviation authority of the state where the aircraft is registered;
  • (c) an employee of the private operator or air carrier who is not a crew member performing their duties;
  • (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
  • (e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.

Exception — physical barrier

(4) During the boarding process, subsection (1) does not apply to a person if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Compliance

35 A person must comply with any instructions given by a gate agent, a member of the aerodrome’s security personnel or a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

36 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

  • (a) the person is not in possession of a face mask; or
  • (b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a face mask.

Refusal to comply

37 If, during a flight that a private operator or air carrier operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the private operator or air carrier must

  • (a) keep a record of
    • (i) the date and flight number,
    • (ii) the person’s name and contact information,
    • (iii) the person’s seat number, and
    • (iv) the circumstances related to the refusal to comply; and
  • (b) inform the Minister as soon as feasible of any record created under paragraph (a).

Wearing of face mask — crew member

38 (1) Subject to subsections (2) to (4), a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates when the crew member is two metres or less from another person.

Exceptions — crew member

(2) Subsection (1) does not apply

  • (a) when the safety of the crew member could be endangered by wearing a face mask;
  • (b) when the wearing of a face mask by the crew member could interfere with operational requirements or the safety of the flight; or
  • (c) when the crew member is drinking, eating or taking oral medications.

Exception — flight deck

(3) Subsection (1) does not apply to a crew member who is a flight crew member when they are on the flight deck.

Exception — physical barrier

(4) During the boarding process, subsection (1) does not apply to a crew member if the crew member is two metres or less from another person and the crew member and the other person are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Wearing of face mask — gate agent

39 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight that the private operator or air carrier operates when the gate agent is two metres or less from another person.

Exceptions

(2) Subsection (1) does not apply

  • (a) when the safety of the gate agent could be endangered by wearing a face mask; or
  • (b) when the gate agent is drinking, eating or taking oral medications.

Exception — physical barrier

(3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is two metres or less from another person and the gate agent and the other person are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Deplaning

Non-application

40 Section 41 does not apply to any of the following persons:

  • (a) an infant;
  • (b) a person who has breathing difficulties unrelated to COVID-19;
  • (c) a person who is unconscious;
  • (d) a person who is unable to remove their face mask without assistance;
  • (e) a person who is on a flight that originates in Canada and is destined to another country.

Wearing of face mask — person

41 A person who is on board an aircraft must wear a face mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building by a passenger loading bridge or otherwise when the person is two metres or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose.

Screening Authority

Definition of screening authority

42 (1) For the purpose of sections 43 and 46, screening authority means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Non-application

(2) Sections 43 to 46 do not apply to any of the following persons:

  • (a) an infant;
  • (b) a person who has breathing difficulties unrelated to COVID-19;
  • (c) a person who is unconscious;
  • (d) a person who is unable to remove their face mask without assistance;
  • (e) a member of emergency response provider personnel who is responding to an emergency;
  • (f) a peace officer who is responding to an emergency.

Requirement — passenger screening checkpoint

43 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint that they must wear a face mask at all times during screening.

Wearing of face mask — person

(2) Subject to subsection (3), a person who is the subject of screening referred to in subsection (1) must wear a face mask at all times during screening.

Requirement to remove face mask

(3) A person who is required by a screening officer to remove their face mask during screening must do so.

Wearing of face mask — screening officer

(4) A screening officer must wear a face mask at a passenger screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is two metres or less from the person being screened.

Requirement — non-passenger screening checkpoint

44 (1) A person who presents themselves at a non-passenger screening checkpoint to enter into a restricted area must wear a face mask at all times.

Wearing of face mask — screening officer

(2) Subject to subsection (3), a screening officer must wear a face mask at all times at a non-passenger screening checkpoint.

Exceptions

(3) Subsection (2) does not apply

  • (a) when the safety of the screening officer could be endangered by wearing a face mask; or
  • (b) when the screening officer is drinking, eating or taking oral medications.

Exception — physical barrier

45 Sections 43 and 44 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Prohibition — passenger screening checkpoint

46 (1) A screening authority must not permit a person who has been notified to wear a face mask and refuses to do so to pass beyond a passenger screening checkpoint into a restricted area.

Prohibition — non-passenger screening checkpoint

(2) A screening authority must not permit a person who refuses to wear a face mask to pass beyond a non-passenger screening checkpoint into a restricted area.

Designated Provisions

Designation

47 (1) The provisions of this Interim Order set out in column 1 of the Schedule 2 are designated 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.

Maximum amounts

(2) The amounts set out in column 2 of Schedule 2 are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.

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.

Repeal

48 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 3, made on July 13, 2020, is repealed.

SCHEDULE 1

(Subsection 19(1) and section 30)

Aerodromes

Name

ICAO Location Indicator

Calgary International

CYYC

Montréal (Montréal — Pierre Elliott Trudeau International)

CYUL

Toronto (Lester B. Pearson International)

CYYZ

Vancouver International

CYVR

SCHEDULE 2

(Subsections 47(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Subsection 2(1)

5,000

25,000

Subsection 2(2)

5,000

25,000

Subsection 2(3)

5,000

25,000

Subsection 2(4)

5,000

25,000

Subsection 3(1)

5,000

 

Subsection 3(2)

5,000

 

Subsection 3(3)

5,000

 

Subsection 3(4)

5,000

 

Subsection 3(5)

5,000

 

Section 4

5,000

25,000

Section 5

5,000

25,000

Subsection 8(1)

5,000

25,000

Subsection 8(2)

5,000

25,000

Subsection 8(3)

5,000

25,000

Subsection 8(4)

5,000

25,000

Subsection 8(5)

5,000

 

Subsection 8(7)

5,000

25,000

Section 9

5,000

25,000

Section 10

5,000

 

Subsection 12(1)

 

25,000

Subsection 12(2)

 

25,000

Subsection 13(1)

 

25,000

Subsection 13(2)

5,000

 

Subsection 14(1)

 

25,000

Subsection 14(2)

 

25,000

Section 16

 

25,000

Section 17

 

25,000

Subsection 18(1)

 

25,000

Subsection 18(2)

 

25,000

Subsection 18(3)

 

25,000

Subsection 18(4)

 

25,000

Section 20

5,000

 

Subsection 21(1)

 

25,000

Subsection 21(2)

 

25,000

Subsection 22(1)

 

25,000

Subsection 22(2)

 

25,000

Subsection 23(1)

 

25,000

Subsection 23(2)

 

25,000

Section 24

5,000

 

Subsection 25(1)

 

25,000

Subsection 25(2)

 

25,000

Subsection 25(3)

 

25,000

Subsection 25(4)

 

25,000

Subsection 25(5)

 

25,000

Subsection 25(6)

5,000

 

Section 26

 

25,000

Section 27

 

25,000

Subsection 28(1)

 

25,000

Subsection 28(2)

 

25,000

Subsection 28(3)

 

25,000

Section 29

 

25,000

Section 30

 

25,000

Section 32

5,000

25,000

Section 33

5,000

 

Subsection 34(1)

5,000

25,000

Section 35

5,000

 

Section 36

5,000

25,000

Section 37

5,000

25,000

Subsection 38(1)

5,000

25,000

Subsection 39(1)

5,000

25,000

Section 41

5,000

 

Subsection 43(1)

 

25,000

Subsection 43(2)

5,000

 

Subsection 43(3)

5,000

 

Subsection 43(4)

5,000

 

Subsection 44(1)

5,000

 

Subsection 44(2)

5,000

 

Subsection 46(1)

 

25,000

Subsection 46(2)

 

25,000

GLOBAL AFFAIRS CANADA

Final environmental assessment of the Canada-United States-Mexico Agreement

Canada, the United States and Mexico have ratified and implemented the Canada-United States-Mexico Agreement (CUSMA). Global Affairs Canada has completed a final environmental assessment of the Agreement, pursuant to the 2010 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, and further to the initial environmental assessment of CUSMA published on December 12, 2018. The final environmental assessment summarizes the anticipated environmental risks and opportunities resulting from CUSMA, and highlights the specific provisions it includes that may have an impact on the environment. Please consult the Final Environmental Assessment of the Canada-United States-Mexico Agreement (PDF) for more information.

Canada is committed to ensuring that trade and environmental protection and conservation are mutually supportive. An important step in that regard is the conduct of environmental assessments of trade negotiations, which aim to fully integrate environmental considerations into the negotiating process, contribute to informed decision making and improve overall policy coherence. For more information, please consult the Environmental Assessments web page.

All interested parties are invited to submit comments on the final environmental assessment of the Canada-United States-Mexico Agreement to

Environmental Assessment Secretariat
Trade Agreements and NAFTA Secretariat (TCT)
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Email: EAconsultationsEE@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

Member

Atlantic Pilotage Authority Canada

 

Director

Business Development Bank of Canada

 

Director — Board Risk Committee Chairperson

Business Development Bank of Canada

 

Chairperson

Canada Council for the Arts

 

Commissioner for Employers

Canada Employment Insurance Commission

 

Commissioner for Workers

Canada Employment Insurance Commission

 

President and Chief Executive Officer

Canada Lands Company Limited

 

President

Canada Mortgage and Housing Corporation

 

Member (Federal)

Canada–Newfoundland and Labrador Offshore Petroleum Board

 

President

Canadian Commercial Corporation

 

Commissioner (full-time), Commissioner (part-time)

Canadian Energy Regulator

 

Director

Canadian Energy Regulator

 

Chief Commissioner

Canadian Grain Commission

 

Commissioner

Canadian Grain Commission

 

Member

Canadian Human Rights Tribunal

 

Chairperson

Canadian International Trade Tribunal

 

Director

Canadian Museum for Human Rights

 

Permanent Member

Canadian Nuclear Safety Commission

 

Executive Director

Canadian Race Relations Foundation

 

President

Canadian Space Agency

 

Chairperson

Canadian Transportation Agency

 

Temporary Member

Canadian Transportation Agency

 

Chief Administrator

Courts Administration Service

 

President

Destination Canada

 

Director

Export Development Canada

 

Director

Farm Credit Canada

 

Chairperson

Federal Public Sector Labour Relations and Employment Board

 

Vice-Chairperson

Federal Public Sector Labour Relations and Employment Board

 

Chairperson

Great Lakes Pilotage Authority Canada

 

Director (Federal)

Hamilton-Oshawa Port Authority

 

Assistant Deputy Chairperson

Immigration and Refugee Board of Canada

 

Members (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

Chairperson

Marine Atlantic Inc.

 

Director (Federal)

Nanaimo Port Authority

 

Secretary

National Battlefields Commission

 

Member

Natural Sciences and Engineering Research Council of Canada

 

Taxpayers’ Ombudsman

Office of the Taxpayers’ Ombudsman

 

Member

Payments in Lieu of Taxes Dispute Advisory Panel

 

Chairperson

Polar Knowledge Canada

 

Member

Polar Knowledge Canada

 

President

Polar Knowledge Canada

 

Director

Public Sector Pension Investment Board

 

Member

Social Sciences and Humanities Research Council of Canada

 

President

Social Sciences and Humanities Research Council of Canada

 

Registrar

Supreme Court of Canada

 

Chairperson and Member

Transportation Appeal Tribunal of Canada

 

Member

Transportation Appeal Tribunal of Canada

 

Vice-Chairperson

Transportation Appeal Tribunal of Canada

 

Member

Transportation Safety Board of Canada