Regulatory
REGULATORY NEWS FOR WEEK OF APRIL 8, 2019
Canadian Federal News
The Regulations Amending the Transportation of Dangerous Goods Regulations (Containers for Transport of Dangerous Goods by Rail) were published in the Canada Gazette, Part II, on April 3, 2019 and will come into force on July 2nd, 2019.
The Transportation of Dangerous Goods Regulations (TDGR) required to be updated to reflect the most current edition of the Containers for Transport of Dangerous Goods by Rail, a Transport Canada Standard (TP 14877) which was published in 2018. Prior to this amendment, the TDGR incorporated by reference the 2013 edition of the standard. This amendment is necessary for the 2018 edition of TP 14877 to be incorporated by reference in the TDGR.
This amendment will:
- require all tank cars used to transport toxic inhalation hazard (TIH) substances to be constructed of normalized steel. The interim TIH tank car standard will also be changed to the permanent TIH tank car standard.
- enhance alignment between Canada and the United States for One-Time Movement Approvals (OTMA).
- align with best practices by permitting 304L and 316L stainless steel varieties as an acceptable material of construction for tank cars and accounting for mileage into the stub sill inspection requirements, aand
- consolidate and clarify the regulatory requirements.
You are encouraged to read the Regulatory Impact Analysis Statement (RIAS) that follows the regulatory text. Along with providing a plain language rationale for making the changes, the RIAS outlines the main changes made, as well as the expected costs and benefits resulting from the modified regulations. It also summarizes the consultations held by Transport Canada on the issues and explains how the comments received have been addressed.
Of the 1,430 substances included in the 2017 IU, information was received for 531 substances through response to the Section 71 Notice. A list of substances from the Notice for which no Section 71 submission was received is available in the Excel report tab ‘Substances with no response’. Two hundred and eighty-four unique organizations provided responses on 717 substances to either the Section 71 Notice, the Declaration of Stakeholder Interest, or both. Two of the Section 71 submissions received were from associations and comprised 21 responding companies.
Please be advised that Safe Food for Canadians Licence holders with activities relating to meat are advised to provide their local inspector with an updated CFIA form 4198 Supplement to Application for a Licence to Perform Meat Activities Under the Safe Food for Canadians Act and Regulations if there were any activity changes from their previous registration under the Meat Inspection Regulations (MIR). Select Form 4198.
These Roadmaps will specifically address stakeholder issues and irritants in the following sectors, agri-food and aquaculture, health and bio-sciences, and transportation and infrastructure. As noted when you submitted your input to the Canada Gazette consultations, we committed to provide a summary of the submissions received. As part of this commitment we are now pleased to provide you with a copy of our What We Heard Report.
The purpose of this notice is to inform Canadians and other interested stakeholders of the Minister of Health’s intent to amend three marketing authorizations for food additives in order to allow Health Canada to enable five new food additive uses that have been scientifically evaluated and found to be safe.
The consultation period for these proposed modifications to the Marketing Authorizations is 30 calendar days, ending May 8, 2019. Once modified, these food additive uses can be enabled by administratively modifying certain lists of permitted food additives to include the aforementioned food additive uses. This will be announced via a Notice of Modification (NOM) published on the Government of Canada’s website. For one food additive, which is a new food additive in Canada, a Notice of Proposal (NOP) will be published prior to modifying the list and publishing the NOM. The comment period following the publication of a NOP is 75 calendar days.
Health Canada’s Food Directorate completed a detailed safety assessment of of two food additive submissions seeking approval for the use of steviol glycosides from Stevia rebaudiana Bertoni in canned fruits products.
This enactment enacts the Canadian Environmental Bill of Rights, which provides that every person residing in Canada has the following rights:
(a) the right to a healthy and ecologically balanced environment;
(b) the right to reasonable, timely and affordable access to information regarding the environment;
(c) the right to effective, informed and timely public participation in decision-making regarding the environment, including in relation to any Act of Parliament respecting the environment and any environmental policy of the Government of Canada;
(d) the right to bring a matter regarding the protection of the environment before courts or tribunals; and
(e) the right to request a review of any Act of Parliament respecting the environment, any instrument made under such an Act or any environmental policy of the Government of Canada.
The enactment imposes corresponding obligations on the Government of Canada to take all reasonable measures to give effect to the rights conferred.
The enactment also provides for an application by a person residing in Canada for an investigation by the responsible Minister of an offence under any Act of Parliament respecting the environment other than the Canadian Environmental Protection Act, 1999. In addition, it provides for an environmental protection action to be brought by a person in respect of such an investigation as well as an environmental protection action to be brought by a person against a person who has contravened or is likely to contravene an Act of Parliament respecting the environment if certain conditions are met.
The enactment amends the Auditor General Act to allow petitions for the review of any Act of Parliament to be made respecting the environment, any instrument made under such an Act or any environmental policy of the Government of Canada.
The enactment amends the Federal Courts Act to allow an application for judicial review to be made by a person not directly affected by the matter in respect of which relief is sought if certain conditions are met, including the condition that the matter relate to the protection of the environment.
Finally, this enactment also amends the Canadian Bill of Rights to provide that the right of the individual to life, liberty and security of the person includes the right to a healthy and ecologically balanced environment.
On the basis of the information presented in this screening assessment, it is proposed to conclude that phenol-formaldehyde resins 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 to human life or health in Canada.
Therefore, it is proposed to conclude that phenol-formaldehyde resins do not meet any of the criteria set out in section 64 of CEPA.
On the basis of the information presented in this draft screening assessment, exposures to used oil residue, used vacuum gas oil, C12-25 used distillate, C5-18 used distillate, used light oil, hydrotreated used residue, refined used oil and clay-treated used oil for the general population are not expected. These substance are used as industrial intermediates and do not appear in products available to consumers. It is proposed to conclude that used oil residue, used vacuum gas oil, C12-25 used distillate, C5-18 used distillate, used light oil, hydrotreated used residue, refined used oil and clay-treated used oil 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.
Therefore, it is proposed to conclude that used oil residue, used vacuum gas oil, C12-25 used distillate, C5-18 used distillate, used light oil, hydrotreated used residue, refined used oil and clay-treated used oil do not meet any of the criteria set out in section 64 of CEPA.
The objective of this Code of Practice (herein referred to as the “Code”) is to minimize the potential for respiratory sensitization of the general population from exposure to certain methylenediphenyl diisocyanates (MDIs). The Code will help to achieve this objective by promoting consistent health and safety practices and facilitating access to this information in order to help reduce exposure of the general population to MDIs resulting from the use of low-pressure two-component spray polyurethane foam (SPF) products containing MDIs that are available to users. The Code pertains to the MDIs identified in the Substance Groupings Initiative of the second phase of the Chemicals Management Plan
Canadian Provincial News
Part VIII of the Act is amended to remove the Director’s approval for employers to make agreements that allow them to average their employee’s hours of work for the purpose of determining the employee’s entitlement to overtime pay. The employee’s hours may be averaged in accordance with the terms of an averaging agreement between the employee and the employer over a period that does not exceed four weeks.
US News
PA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 13 chemical substances which are the subject of premanufacture notices (PMNs). This action requires persons to notify EPA least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these 13 chemical substances for an activity that is designated as a significant new use by this rule. The required notification initiates EPA’s evaluation of the intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required as a result of that determination.
Each year, employers are required to post a copy of OSHA Form 300A from Feb. 1 through April 30. The summary must be displayed in a common area where notices to workers are usually posted. Businesses with 10 or fewer workers and those in certain low-hazard industries are exempt from OSHA recordkeeping and posting requirements.
By this notice, OEHHA is giving the public an opportunity to provide information relevant to the assessment of the evidence of carcinogenicity for acetaminophen. The publication of this notice marks the start of a 75-day data call-in period, ending on Wednesday, May 29, 2019. The information received during this period will be reviewed and considered by OEHHA as it prepares the cancer hazard identification materials on acetaminophen.
International News
Companies are reminded to initiate the transfer of their registrations and other assets through ECHA’s IT tools before the UK withdrawal takes effect (on 13 April 2019, at 00:00 hours CET), and not to leave these transactions to the last moment.
The number of registrations for which a transfer was initiated from a UK-based registrant to an EU-27 based company is increasing, with the cumulative figure exceeding 4 800 by the end of March out of approximately 12 000 UK registrations in total.
Other Relevant Information
Safety Share
Driving on ice, or worse, driving on black ice, is extremely dangerous. This kind of driving poses unique challenges and risks. Even the most skilled drivers in the world tend to avoid driving when the roads ice up. If freezing rain is expected in your area, this is one time when you should absolutely heed the advice to stay home.
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