Regulatory
REGULATORY NEWS FOR WEEK OF APRIL 15, 2020
The Canada Emergency Wage Subsidy is a key measure in the Government of Canada’s COVID-19 Economic Response Plan. It will provide a strong incentive for employers to pay employees who have been sent home for health and safety reasons or due to lack of work. It will enable employers to retain employees who are still on the payroll and to rehire workers previously laid off. With the CEWS program, families across Canada will be able to count on a steady income.
Since the amendment on published in the Canada Gazette II on February 19, 2020 you may have had some trouble finding the regulations. These regulations update the format of the Transportation of Dangerous Goods Regulations (TDG Regulations) so they are consistent with the Department of Justice’s formatting standards. Click on the title and you will arrive at the TDG Regulations and Standards webpage.
Health Canada has updated their guidance on the use on non-USP grade alcohol (Isopropyl Alcohol) and the steps to take to obtain an Excise Tax Registration Licence for members who can source and import denatured alcohol. This information will be of use to your clients who are now producing or intend to produce hand sanitizers.
In light of recommendations by the Public Health Agency of Canada, as well as provincial, territorial and municipal measures aimed at slowing the spread of the COVID-19 virus, the NNHPD recognizes that companies with Site Licence or submissions may be experiencing business disruptions at this time. The NNHPD recognizes that, for security or logistical reasons, the flow of information to Health Canada may be limited from some of our industry partners and applicants.
To this effect, the NNHPD is providing flexibilities to companies with Site Licence submission expiry dates approaching. Although a renewal is required to be submitted no later than 30 days prior to expiry, during this emergency situation related to the COVID-19 response, the NNHPD will provide flexibility around this requirement, allowing companies to submit applications less than 30 days before the site licence expiry date. Licences with an expiry date between March 10, 2020 and June 1, 2020 are being extended to July 1, 2020 effective immediately.
Furthermore, please note that as NNHPD staff are prioritizing and working to expedite applications related to the COVID-19 response, this could result in the issuance of regulatory decisions for requests unrelated to COVID-19, outside our published service standards.
The purpose of this notice is to inform you that as of April 2020, the organic import requirements for honey and maple products will be incorporated into AIRS. Also, starting April 2020 the Canada Organic Regime team will be including the admissibility requirement for the import of organic products in the Automated Import Reference System (AIRS), in accordance with clause 357(3) of Part 13 of the Safe Food for Canadians Regulations.
Importers of organic products will be required to submit copy of organic certificate (electronic copy) when declaring import of organic products in the Integrated Import Declaration (IID) database.
Honey and maple products will be the first commodities for which the admissibility requirement will be implemented. It is the responsibility of the importer to familiarize themselves with the new codes and comply with the import requirements. If you have any questions, please contact the Canada Organic Regime team at [email protected].
Given these extraordinary circumstances, until further notice the CFIA will not prioritize compliance activities associated with the July 15, 2020 coming into force of the Safe Food for Canadians Regulations (SFCR) for the manufactured food sector.
Any changes to the CFIA’s prioritization of these compliance activities will be announced with adequate lead time once the situation allows.
Despite the above, affected businesses are encouraged to apply for a licence under the Safe Food for Canadians Act (SFCA). However, importers of manufactured food will generally not encounter delays or disruptions in their imports simply because of not having a Safe Food for Canadians licence yet.
Industry is responsible for ensuring the safety of their food products at all times.
This consultation period was set to close on April 11, 2020, however Environment and Climate Change Canada recognizes the impacts faced by Canadian industry in light of recent and current events. Understanding the importance of stakeholder engagement, the public comment period is hereby extended until May 22, 2020 for the proposed amendments to the Export Control List.
Substances listed to the Export Control List are subject to the Export of Substances on the Export Control List Regulations.
The Order approves the Interim Order Respecting Drugs, Medical Devices and Foods for a Special Dietary Purpose in Relation to COVID-19 made by the Minister of Health on March 30, 2020. Without this approval, the Interim Order would, in accordance with paragraph 30.1(2)(a) of the Food and Drugs Act, cease to have effect 14 days after it was made. As a result of this approval, the Interim Order will, in accordance with paragraphs 30.1(2)(b) to (d) of the Food and Drugs Act, cease to have effect on the day on which it is repealed, on the day on which regulations having the same effect come into force or one year after the day on which the Interim Order is made, whichever is earliest.
The Competition Bureau recognizes that the exceptional circumstances surrounding the COVID-19 pandemic may call for the rapid establishment of business collaborations of limited duration and scope to ensure the supply of products and services that are critical to Canadians. For example, firms may need to form collaborative buying groups or share supply chain resources such as distribution facilities to ensure access to the necessities of life for all Canadians. In such circumstances, where firms are acting in good faith, and motivated by a desire to contribute to the crisis response rather than achieve competitive advantage, the Bureau does not wish to see specific elements of competition law enforcement potentially chill what may be required to help Canadians.
Health Canada’s Food Directorate completed a detailed safety assessment of a food additive submission seeking approval to extend the use of potassium phosphate, dibasic, to the same foods and same levels of use as is currently permitted for sodium phosphate, dibasic. Potassium phosphate, dibasic, is already permitted for use in Canada as a food additive in various standardized and unstandardized foods. As no safety concerns were raised through Health Canada’s assessment, the Department has enabled the use of this food additive as described in the information document by modifying the Lists of Permitted Food Additives, effective April 08, 2020.
Workplaces can use this resource to learn how to reduce the risk of COVID-19 transmission.
Revisions to the Workers Compensation Act, which include renumbering of sections and some minor language changes, are in effect as of April 6, 2020.
If you are a Manitoba Supplier/Distributor with inventory or established channels to products to help in the fight against COVID-19, please complete the submission form.
Each year, SAFE Work Manitoba recognizes Manitoba individuals, safety and health committees, and companies/organizations that demonstrate a strong commitment to the health and safety of their workers. Nominations for the 2020 awards are now open. Deadline to submit a nomination is Friday, May 8, 2020.
Ontario introduced and passed legislation (O-Reg. 92/20) on March 27, 2020 providing the Ministry of Government and Consumer Services the responsibility to coordinate the supply chain for essentials to fight COVID-19.
(1) Upon request public sector entity shall promptly provide the following information to the Deputy Minister of their supply chain management entity or his or her designee:
- Current inventories and future inventory requirements.
- Current and future procurement activities.
- Supply chain opportunities, contingencies and constraints.
- Any other information related to supply chain management or vendor performance that the Deputy Minister or designee specifies.
(2) The reporting required under subsection (1) shall comply with any specifications by the Deputy Minister or designee as to their form, content or timing.
The Ontario government has launched a new Ontario Jobs and Recovery Committee which will focus on getting businesses up and running and people back to work after the COVID-19 pandemic is over. While the government’s primary focus is on combatting the virus, supporting frontline health care workers and providing immediate relief to people and businesses, this new committee will be developing a plan to stimulate economic growth and job-creation in the weeks and months ahead.
(HDT Trucking Info) The Federal Motor Carrier Safety Administration (FMCSA) has extended its Emergency Declaration providing hours-of-service and other regulatory relief to commercial vehicle drivers transporting emergency relief in response to the nationwide COVID-19 outbreak another five weeks, through May 15. The declaration was also further expanded to cover liquefied gases to be used in refrigeration or cooling systems.
The Environmental Protection Act (EPA) is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2020 reports from September 30, 2020, to November 30, 2020. This is a one-time extension for the 2020 submission period only. The CDR regulations require manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on the manufacturing, processing, and use of the chemical substances.
EPA is finalizing a rule under the Toxic Substances Control Act (TSCA) to amend the Chemical Data Reporting (CDR) requirements. The CDR rule requires manufacturers (including importers) of certain chemical substances listed on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on chemical manufacturing, processing, and use every four years. EPA is finalizing several changes to the CDR rule to make regulatory updates that align with new statutory requirements of TSCA, to improve the CDR data collected as necessary to support the implementation of TSCA, and potentially to reduce burden for certain CDR reporters. In addition, these regulatory modifications may result in additional information to EPA and the public that is currently not collected; improve the usability and reliability of the reported data; and ensure that data are available in a timely manner.
DATES: This final rule is effective May 11, 2020.
As required by the Toxic Substances Control Act (TSCA), which was amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act in June 2016, EPA is announcing the availability of the draft scope documents for the risk evaluations to be conducted for 13 of 20 High-Priority Substances designated in December 2019. The draft scope document for each chemical substance includes the conditions of use, hazards, exposures, and the potentially exposed or susceptible subpopulations the EPA plans to consider in conducting the risk evaluation for that chemical substance.
(ILO Shipping & Transport) The Defence Production Act (DPA) allows the president to shape the domestic industrial base for national defence preparedness, which includes emergency preparedness activities. This article addresses a number of DPA-related questions that have arisen in light of the COVID-19 pandemic, including how the administration has used the DPA in response to the crisis, what the impact of the administration’s DPA-related orders and memoranda will be and what this means for exporters.
The Department of Commerce (Commerce) determines that Jungbunzlauer Canada, Inc. (JBL Canada), a producer/exporter of citric acid and certain citrate salts (citric acid) from Canada, did not sell subject merchandise at prices below normal value (NV) during the period of review (POR) May 1, 2018 through April 30, 2019.
The tenth meeting of the Conference of the Parties to the Rotterdam Convention (RC COP-10) will be held back to back with the fifteenth meeting of the Conference of the Parties to the Basel, Rotterdam and Stockholm Conventions (BRS) (BC COP-15) and the tenth meeting of the Conference of the Parties to the Stockholm Convention (SC COP-10) from 19 July to 30 July 2021, in Geneva.
The multilateral trading system must start preparing to assist in the recovery of the global economy following the COVID-19 crisis, WTO Deputy Director-General Alan Wolff said in a virtual lecture delivered to the Washington International Trade Association on 9 April. DDG Wolff cited a number of ways in which trade can be facilitated to aid in the recovery.
To assist us in maintaining efficient services during the COVID-19 pandemic, we now prefer that you submit new chemicals applications electronically where possible.
Safety Share
McGill Office of Science and Society – The Centres for Disease Control and Prevention has now officially changed direction. It recommends people wear cloth face masks when they go outdoors and are going to be near other people. But the question still remains – do they actually work?
Ladders are common to almost every home and workplace, giving the impression that ladder work requires no special knowledge or skills. But anyone who uses a ladder should have hands-on safety training to learn about the various risks involved and the precautions necessary to prevent falling. Every year, a significant number of injuries occur when people use ladders at work or at home.
The Canadian Centre for Occupational Health and Safety (CCOHS) has published a tip sheet for drivers to use during this COVID-19 crisis.
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