REGULATORY NEWS FOR WEEK OF APRIL 15, 2019

• Bill C-97 omnibus budget bill highlights

The following are the highlights of the recent budget bill in relation to the chemical and ingredient supply chain. A detailed report is being prepared for the Regulatory Affairs Committee.

Employment Equity Act

Division 3 of Part 4 amends the Employment Equity Act to require federally regulated private-sector employers to report salary information that supports employment equity reporting beyond salary ranges, including making wage gap information by occupational groups more evident.

Food and Drugs Act

Subdivision C of Division 9 of Part 4 amends the Food and Drugs Act to improve safety and enable innovation by introducing measures to, among other things,

(a) allow the Minister of Health to classify certain products exclusively as foods, drugs, cosmetics or devices;

(b) provide oversight over the conduct of clinical trials for drugs, devices and certain foods for special dietary purposes;

(c) provide a regulatory framework for advanced therapeutic products; and

(d) modernize inspection powers.

Hazardous Materials Information Review Act

Subdivision H of Division 9 of Part 4 amends the Hazardous Materials Information Review Act to streamline the process for reviewing claims for exemption, to allow for the suspension and cancellation of exemptions and to harmonize the provisions of the Act that allow for the disclosure of confidential business information with similar provisions in other Department of Health Acts.

• After screening assessment report issued for 21 inorganic substances

The 21 substances in this assessment were evaluated for ecological risk and human health risk using four different science approaches (i.e. one ecological and three human health approaches). This draft screening assessment proposes conclusions for those substances that were identified as having a low likelihood of causing harm to human health and the environment based on these streamlined approaches.

• Draft screening assessments for Triazines and Triazoles

The Draft Screening Assessment for Triazines and Triazoles. The Draft Screening Assessment for Substances Identified as Being of Low Concern Using the Ecological Risk Classification of Inorganic Substances and Three Human Health Science Approaches.

• The final versions of the Open and Transparent Agency Framework and Policy are now available

To meet these expectations and maintain public trust in Canada’s regulatory system for food, plants and animals, Canadian Food Inspection Agency (CFIA) first launched its Transparency Agenda in 2011 as part of its ongoing efforts to be a more service-oriented, responsive and accountable organization. The Agency continues these efforts, by proactively releasing more data and information that is relevant, accurate and timely, while appropriately protecting personal and confidential information.

• CFIA – Food Import Permits

New information for food businesses on the commodity list in the Safe Food for Canadians licence application can be found in Annex A of What to consider before applying for a Safe Food for Canadians licence. Consult the CFIA’s guidance finder: food to search for the latest Safe Food for Canadians Regulations (SFCR) technical and regulatory information. For more information on the SFCR, please visit www.inspection.gc.ca/SafeFood.

• An Act to amend the Food and Drugs Act (cruelty-free cosmetics), third reading

This enactment amends the Food and Drugs Act to prohibit cosmetic animal testing and the sale of cosmetics developed or manufactured using cosmetic animal testing. It also provides that no evidence derived from animal testing may be used to establish the safety of a cosmetic.

• Port of Montreal labour update

Mediated negotiations are continuing in April between the MEA and CUPE Local 375 representing the Longshore workers, to arrive at a new contract.  The current collective agreement expired on December 31, 2018.

• Ontario inspections to focus on slips, trips and falls

The focus on falls is due to the large number of injuries and fatalities in this areas. According to the MOL, from 2011 to 2016, “falls” was the second top cause of traumatic fatalities. Sixty-six workers were killed at work due to falls during this time period. As well, falls was the third-highest injury event in 2017, accounting for 20% of allowed lost-time claims with the WSIB.

• EPA Proposes to Reduce TSCA Reporting Burden

The U.S. Environmental Protection Agency (EPA) is proposing amendments to the Chemical Data Reporting (CDR) rule to better support Agency data collection efforts, align reporting with the Frank R. Lautenberg Chemical Safety for the 21st Century Act by requiring that confidentiality claims be substantiated, and make chemical reporting easier by streamlining complex submissions.

• EPA Proposes Rule on Certain Confidential Business Information Claims

The U.S. Environmental Protection Agency (EPA) is releasing a proposed rule for public comment on the procedures for companies to substantiate certain claims of confidentiality for chemical identities and how the agency will review those claims. The proposed rule is intended to ensure that when a company has claimed the identity of a chemical as confidential business information (CBI) it meets the criteria for that status under the Toxic Substances Control Act (TSCA).

• Australia initiates regulatory changes affecting chemical importers and manufacturers

A new scheme will begin on 1 July 2020, early regulatory changes are now in effect under the current scheme (NICNAS). These changes will reduce regulatory burden for introducers of some lower risk chemicals such as polymers of low concern.

Safety Share

• Floods – what to do

Floods are the most frequent natural hazards in Canada, and the most costly in terms of property damage. Floods can occur in any region, in the countryside or in cities. In the past, floods have affected hundreds of thousands of Canadians. They can occur at any time of the year and are most often caused by heavy rainfall, rapid melting of a thick snow pack, ice jams, or more rarely, the failure of a natural or human-made dam.

All Canadian rivers experience flooding at one time or another. The potential for flood damage is particularly high where there is development on low-lying, flood-prone lands. Flash or sudden flooding, in which warning time is extremely limited, can result from other causes such as hurricanes, violent rainstorms, or the bursting of dams.

Though all levels of government are working to reduce the impact of floods, individuals also play an important role. Everyone has a responsibility to protect their homes and their families.

You can greatly lessen the impact of a flood by taking the time to prepare in advance. This involves three basic steps:

• Find out what to do before, during, and after a flood.
• Make a family emergency plan, so that everyone knows what to do, and where to go in case of an emergency.
• Get an emergency kit, so that you and your family can be self-sufficient for at least 72 hours during a flood.