Regulatory
REGULATORY NEWS FOR WEEK OF OCTOBER 15, 2020
Canadian Federal News
The Government recognizes the importance of balancing environmental protection and clean growth with the economic importance of plastic and its role in protecting human health, in particular during this COVID-19 public health emergency.
Taking into account lessons from the current pandemic and mindful of continued constraints brought about by the pandemic, Canadians and Canadian businesses will be given the opportunity to participate meaningfully in informing any measures taken.
Parties wishing to comment on any aspect of this paper, including the categorization of single-use plastics and proposed management approaches, are invited to provide written comments to the Director of the Plastics and Marine Litter Division of Environment and Climate Change Canada by December 9, 2020 at [email protected].
The Government wants to hear from Canadians and stakeholders on this approach to protect the environment from plastic pollution and reduce waste through a more circular economy. Comments will be accepted until December 9, 2020. Regulations will be finalized by the end of 2021.
Plastic pollution, in the form of macroplastics and microplastics, is ubiquitous in the environment. Macroplastics have been demonstrated to cause physical harm to environmental receptors on an individual level and to have the potential to adversely affect habitat integrity. The evidence for potential effects of microplastic pollution on environmental receptors and on human health is less clear and warrants further research.
The science assessment finds that there are many sources that contribute to plastic pollution. It recommends pursuing action to reduce the presence of plastic pollution in the environment. It also recommends further research be conducted to address key knowledge gaps identified.
One of the Canadian Food Inspection Agency’s (CFIA) top priorities is to protect consumers by safeguarding Canada’s food supply. The Agency conducts sampling and testing to detect food safety risks and verifies that industry is meeting federal food safety requirements. The following reports are available:
- Chemicals Residue
- Food microbiology
- Allergens
Health Canada’s Food Directorate completed a premarket safety assessment of a food additive submission seeking approval for the use of acid prolyl endopeptidase (a type of protease) from Aspergillus niger GEP in in certain foods. The results of the premarket assessment support the safety of acid prolyl endopeptidase from A. niger GEP for use in certain foods. Consequently, Health Canada has enabled the uses of acid prolyl endopeptidase described in the information document below by modifying the List of Permitted Food Enzymes, effective October 9, 2020.
A mandatory Section 71(1)(b) notice was published (covering 33 substances) requesting information on perfluorohexane sulfonic acid, its salts and its precursors (PFHxS) for the purposes of assessing whether to control or the manner in which to control the risks posed by these substances. PFHxS, which are found in the Canadian environment, have been assessed internationally as persistent organic pollutants under the Stockholm Convention on Persistent Organic Pollutants. In October of 2019, the technical expert committee responsible for reviewing chemicals under the Convention decided to recommend PFHxS for listing in Annex A, for elimination, without exemptions for production or use. The listing of PFHxS will be considered by the Conference of the Parties, the governing body of the Stockholm Convention, at its next meeting in July 2021. Provide the information no later than November 20, 2020. Guidance documents will be available soon.
Publication in the Canada Gazette, Part I, of the final notice requiring the preparation and implementation of pollution prevention plans for triclosan in certain products.
This page provides clarification on Paragraph 1.36 (b) of the Transportation of Dangerous Goods (TDG) Regulations, which is an exemption provided for certain Class 3, flammable liquids. When transporting aqueous solutions of alcohol classified as Class 3, flammable liquids which contain methanol as the only dangerous good with a subsidiary class, a person may use the exemption set out in Paragraph 1.36(b) of the TDG Regulations if all of the conditions listed below are met.
Order Amending SCHEDULE 1 TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 (CEPA) in order to delete the substance benzenamine, N-phenyl-, reaction products with styrene and 2,4,4- trimethylpentene (CAS RN1 68921-45-9; hereby referred to as ‘BNST’) from the List of Toxic Substances.
ORDER ADDING A TOXIC SUBSTANCE TO SCHEDULE 1 TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 (CEPA) in order to add mitotane to the List of Toxic Substances, which would enable the Ministers to propose risk management measures for a toxic substance under CEPA to manage potential environmental risks associated with mitotane.
Canadian Provincial News
The OHS Code three-year review plan for 2020-2023 is now available. The plan is updated annually and provides OHS with an opportunity to improve health and safety outcomes while enabling innovation, competitiveness and streamlining of requirements. Publishing the plan gives stakeholders an opportunity to understand and provide input on the work being done.
Technical working groups have been set up for the industry-specific Code parts, this year that includes mining and oil and gas. Watch eNews for Code review stakeholder engagement opportunities.
As of January 1, 2021, the following three provisions will take effect:
- The maximum insurable earnings threshold and maximum wage rate will increase to $100,000 (from $87,100) for 2021.
- Permanent partial disability benefits will be based on the higher of a loss of earnings or loss of function calculation.
- Retirement age for a worker may be determined after a worker has reached age 63.
Manitoba Finance’s Workplace Safety and Health (WSH) reminds employers to ensure workplaces are safe and safeguards are in place for machines after an employer was prosecuted for violations of the Workplace Safety and Health Act.
SAFE Work Manitoba is promoting a new, interactive online course to help ensure safety in the workplace during the COVID-19 pandemic.
The COVID-19: Best Practices for a Safe Workplace course, which complies with provincial health guidelines, helps prepare workers to return to the workplace and learn how to reduce the risk of catching or spreading COVID-19 in the workplace, keeping themselves, their co-workers and customers safe.
Ontario has introduced the Better for People, Smarter for Business Act, 2020. The legislation is part of the province’s made-in-Ontario plan for growth, renewal and economic recovery.
- Protecting the environment and the health and safety of Ontarians by improving hazardous waste tracking…
US News
The 2020 submission period is from June 1, 2020 to November 30, 2020. During this time period, manufacturers (including importers) are required to report 2016-2019 production volume information and 2019 manufacturing, processing and use information. This is an extended submission period for the 2020 reporting only.
The U.S. Environmental Protection Agency (EPA) is seeking comments on a proposal to add chitosan (Poly-D-Glucosamine) to its list of active ingredients eligible for EPA’s minimum risk pesticide exemption. By adding this naturally-occuring substance to this list, the agency can save taxpayers and stakeholders time and money through waived Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registration requirements for certain products containing chitosan. For uses as a plant growth regulator, chitosan is applied to treat field crops, ornamentals, turf, home gardens, and nurseries.
The proposed dermal toxicity guidance would allow waivers for studies on single-active ingredients used to develop end use products to apply for waivers. In developing the guidance, EPA conducted a retrospective analysis and concluded that its requirements for such studies provides little to no added value in regulatory decision making. This guidance, when finalized, is expected to save up to 750 test animals annually from unnecessary testing as well as EPA, industry and laboratory resources.
The Federal Motor Carrier Safety Administration (FMCSA) announces that it will host a listening session pertaining to property carrier brokers. FMCSA would like to hear from members of the public on their views on the regulation of property carrier brokers in general, and on three pending petitions concerning specific property carrier broker regulation issues. This meeting does not pertain to broker or freight forwarder minimum financial responsibility matters. The session will be held via videoconference and will be accessible to the public for its entirety. Individuals with diverse experience and perspectives are encouraged to attend.
The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant National Tank Truck Carriers Inc.’s (NTTC) application for a limited 5-year exemption to allow motor carriers operating tank trailers to install a red or amber brake-activated pulsating lamp in the upper center position or in an upper dual outboard position on the rear of the trailers, in addition to the steady-burning brake lamps required by the Federal Motor Carrier Safety
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list the following chemicals as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65. Oct 9, 2020).
The chemicals subject to these proposed SNURs are as follows:
PMN Numbers: P-18-241, P-18-244, and P-18-245.
PMN Numbers: P-16-539, P-18-157, P-18-158, P-18-159, and P-19-33
PMN Numbers: P-18-297, P-18-311, P-18-314, and P-18-315.
PMN Numbers: P-18-304, P-18-316, P-18-338, P-19-76, P-19-115, and P-19-142.
PMN Number: P-19-166
PMN Numbers: P-19-168, P-19-169, P-19-171, P-19-172, P-19-173, P- 19-175, P-19-176, P-19-177,
P-19-178, P-19-179, P-19-180, P-19-181, P- 19-182, P-19-184, and P-19-187
International News
Germany has submitted an intention to restrict the placing on the market and use of 4,4’-isopropylidenediphenol (bisphenol A; EC 201-245-8, CAS 80-05-7) and ‘structurally related bisphenols of similar concern for the environment’
Other Relevant Information
Safety Share
(McGill Office for Science and Society) – The best way to prevent the spread of COVID-19 is to keep your distance from others, limit your social interactions, wear a mask and wash your hands frequently. Up until now, no one as suggested that we should start wearing protective eye goggles, though a new study in JAMA Ophthalmology argues that maybe we should be.
(Government of Canada) You are unlikely to be infected with the COVID-19 virus when eating food or handling food packaging. But you can lower your risk of infection by:
Using hand sanitizers at the entrance of a food store, if they are available.
•Keeping your distance from other people while shopping (at least 2 arms lengths, approximately 2 metres).
•Washing your hands with soap and warm water for at least 20 seconds before and after handling food and food packaging. If you do not have running water, use one of our approved sanitizers.
•Washing your fruits and vegetables under running water. It is not recommended to use soap, chlorine or other chemicals. Fresh vegetables and fruit can absorb chemicals that are not intended for you to eat.
(Alberta Motor Association) During this time of year the sun moves lower in the sky, hitting windshield surfaces at a lower angle and causing glare for the drivers, especially during sunrise and sunset hours. With the increased sun glare, visibility is reduced, perception is distorted and the risk of motor vehicle accidents increases.
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