Regulatory
REGULATORY NEWS FOR WEEK OF DECEMBER 2, 2020
Canadian Federal News
The Notice requires that any person (individual or corporation) engaging in a significant new activity in relation to the substance graphene, Chemical Abstracts Service Registry Number 1034343-98-0, 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.
The purpose of this notice is to inform you that in the week of December 14, 2020, the organic import and admissibility requirements for processed products of chapter 20 will be incorporated into the Automated Import Reference System (AIRS), in accordance with clause 357(3) of Part 13 of the Safe Food for Canadians Regulations. The organic certificate will be required to accompany the shipment and be declared at the time of import.
In mid-March 2020, the Canadian Food Inspection Agency (CFIA) activated its business continuity plan to prioritize critical services during the COVID-19 pandemic, including food safety investigations and recalls, export certifications, animal disease investigations and laboratory testing.
The CFIA took immediate and decisive action to do its part to protect Canada’s food supply and its employees. Upon reviewing its activities and services, maintaining food safety, food availability and market access for Canadian companies were deemed the CFIA’s top 3 priorities.
By leveraging the Establishment-based Risk Assessment (ERA) model, the Agency was able to prioritize the activities and services required to help keep food safe for Canadians.
The objective of this proposal is to avoid the termination of employment resulting from the COVID-19 pandemic, by giving employers more time to recall employees whose employment would otherwise have been terminated due to the duration of the lay-off. The amendments temporarily extend, by up to an additional three months, certain time periods set out in the Regulations to give employers more time to recall employees who have been laid off.
The Regulations provide an exception where the time spent repositioning a driver can be recorded as off-duty rather than on-duty time, but only if the repositioning is done in a commercial vehicle, whereas the Standard 9 exception provides more flexibility by allowing the repositioning to occur in any mode of transportation (e.g. ferry, rail, transit, car or air) and not just in commercial vehicles.
Canadian businesses, non-profit organizations or charities that have seen a drop in revenue due to the COVID-19 pandemic may be eligible for a subsidy to cover part of their commercial rent or property expenses retroactive to September 27, 2020 until June 2021. This subsidy will provide payments directly to qualifying renters and property owners, without requiring the participation of landlords.
Health Canada (HC) recognizes that the COVID-19 pandemic continues to have a significant impact on business operations. In particular, for certain Drug Establishment License (DEL) applicants, the pandemic has impacted their ability to host a drug Good Manufacturing Practices (GMP) inspection, which can affect timelines as set under the 2019 fee regime.
With the implementation of revised fees for drugs and medical devices on April 1, 2020, HC has been monitoring the 250-day service standard “clock” for the issuance of DELs. In circumstances where a GMP inspection is required as part of a DEL application and it cannot take place as planned, there are limited options under the regime to accommodate delays.
Transport Canada recognizes that fatigue poses a risk across Canada’s transportation system and must be addressed in all modes of transportation, including in the railway industry. The new rules represent a historic improvement over the existing rules, such as placing new limits on the length of a duty period, and increasing the length of the minimum rest period between shifts. The new rules also establish limits on the total number of hours that can be worked in a week (60 hours in a seven-day period) as well as in a month (192 hours in a 28-day period).
This communication is intended to remind stakeholders that the following temporary certificates will not be renewed beyond January 31, 2021:
- TU 0750.1: Training
Note: This temporary certificate allows individuals who had been trained and held valid training certificates on March 1, 2020, to continue handling, offering for transport, or transporting dangerous goods with expired training certificates. - TU 0751.2: Testing and inspection requirements
Note: This temporary certificate allows for the use of certain means of containment (MOCs) that do not comply with testing and inspection requirements under the Transportation of Dangerous Goods Regulations (TDG Regulations). In order to use the certificate, the inspection and test marks must have been valid on:- February 28, 2019, for cylinders, spheres, tubes, UN pressure receptacles, multi-element gas containers, and other pressure receptacles for dangerous goods included in Classes 2.1 and 2.2
- February 29, 2020, for other MOCs except rail tank cars
To ensure compliance with the TDG Regulations, stakeholders must address any existing gaps with TDG Regulations before January 31, 2021. This may include:
- ensuring that all employees are trained as per the TDG Regulations and hold a valid training certificate
- ensuring that all MOCs used to transport dangerous goods have been tested and inspected in accordance with relevant standards and display current and valid inspection and test markings
Canadian Provincial News
On November 19, 2020, the provincial health officer (PHO) announced that the Minister of Public Safety and Solicitor General would be issuing a public safety order under the Emergency Program Act around mandatory use of masks. On November 24, the Minister of Public Safety and Solicitor General issued an order requiring all British Columbians, 12 years of age and older, to wear masks in many indoor settings. Refer to mandatory masks for more information.
On Friday, November 27 at 12:01 a.m., winter weight season began for a number of secondary highways in Saskatchewan. Winter weights are put in place annually from about mid-November to mid-March. Typically, winter weights allow truckers to carry up to 15-20 per cent more payload on secondary highways.
The Ontario government is making gasoline that drivers use every day cleaner by becoming the first province to require fuel suppliers to increase the amount of renewable content in regular-grade gasoline to 15 per cent. This change is expected to result in an annual reduction of up to one megatonne of greenhouse gas emissions in 2030 – the equivalent of taking 300,000 cars off the road every year. To help ensure that industry has a chance to adjust to the new requirements, the province is gradually phasing in the renewable content from the existing 10 per cent requirement to 11 per cent in 2025, 13 per cent in 2028 and 15 per cent in 2030.
US News
The deadline for 2020 Chemical Data Reporting (CDR) has been extended from November 30, 2020 to January 29, 2021.
n recognition of the growing class of products generally known as plant biostimulants, the U.S. Environmental Protection Agency (EPA) is accepting comments on an updated Draft Guidance for Plant Regulators and Claims, Including Plant Biostimulants. The public comment period will be open for 30 days in docket EPA-HQ-OPP-2018-0258 at www.regulations.gov. After carefully considering the comments received, EPA anticipates finalizing this guidance in January 2021.
Environmental Protection Agency (EPA) has published two notices that a draft scope of the Risk Evaluation to be conducted for Di-isodecyl phthalate (DIDP) and Di-isononyl phthalate (DINP) have been published in the Federal Register. Comments will be accepted until January 11, 2021.
The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of Trichloroethylene (TCE). PA is announcing the availability of the risk evaluation of the chemical substance identified in Unit II. In this risk evaluation EPA has made unreasonable risk determinations on some of the conditions of use within the scope of the risk evaluation for this chemical. For those conditions of use for which EPA has found an unreasonable risk of injury to health or the environment, EPA must initiate regulatory action to address those risks through risk management measures enumerated in 15 U.S.C. 2605(a).
International News
The European Chemicals Agency (ECHA) has published 36 new testing proposals and invites stakeholders to submit scientifically valid information and studies by 7 January 2021.
At its sixteenth meeting, the Committee adopted the draft decision guidance document for decabromodiphenyl ether and decided to forward it to the next meeting of the Conference of the Parties, together with a recommendation to list these chemicals in Annex III to the Convention.
Additionally, in line with the procedures for banned or severely restricted chemicals (Article 5, Paragraphs 5 and 6), the Committee reviewed a notification of final regulatory action on perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds. The Committee found the notification to meet the criteria set out in Annex II to the Convention and agreed on an amended recommendation to the Conference of the Parties for listing PFOA, its salts and PFOA-related compounds in Annex III to the Convention. It also adopted a revised draft decision guidance document for these chemicals.
Pre-meetings will be held from 1 to 3 December 2020 in English only, from 11.30 a.m. to 3 p.m. (UTC+1) for the Persistent Organic Pollutants Review Committee (POPRC). The pre-meetings will provide an early opportunity to introduce and discuss the technical work (item 4 of the provisional agenda) with the aim of facilitating the Committee’s work at the meeting by providing adequate opportunity to address key issues within an online format, and access and consider with sufficient time information relevant to the technical work before the Committee. The pre-meetings are intended to focus on the technical work rather than considering other items under the agenda for the online meeting.
The Scottish Government is seeking views on the introduction of new legislation to restrict the sale or commercial supply of plastic plates, plastic straws, plastic cutlery, polystyrene food and drink containers, plastic balloon sticks and products made from oxo-degradable plastics. The consultation will be open for 12 weeks and close on 04 January 2021.
The results of the recent IARC Monographs evaluation of the carcinogenicity of acrolein, crotonaldehyde, and arecoline have now been published in The Lancet Oncology. This summary article presents the conclusions of IARC Monographs Meeting 128. The Working Group evaluated acrolein as probably carcinogenic to humans (Group 2A) on the basis of sufficient evidence for carcinogenicity in experimental animals and strong mechanistic evidence. Crotonaldehyde and arecoline were classified as possibly carcinogenic to humans (Group 2B) on the basis of strong mechanistic evidence.
Other Relevant Information
Safety Share
These days, electronic devices such as smartphones, tablets, and computers make up an important component of our everyday lives. While communication has become easier and more efficient than ever before, these technological advancements have brought with them new concerns about privacy and security. There’s even a holiday dedicated to keeping your online data safe and secure – it’s fittingly called Computer Security Day.
Mask policies have been widely implemented across Canada as a primary way to reduce the spread of coronavirus. Usage recommendations have shifted periodically as health experts continue to learn more about this virus, including a recent shift towards three-layer masks.
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