Regulatory
REGULATORY NEWS FOR WEEK OF JANUARY 12, 2021
No. 20502 pertains to 1-propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-C8-18 acyl derivs., inner salts, Chemical Abstracts Service (CAS) Registry Number 97862-59-4;
No. 20551 pertains to -propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-C8-18 acyl derivs., inner salts, Chemical Abstracts Service (CAS) Registry Number 97862-59-4.
This order adds 38 substances that meet these criteria to the Non-domestic Substances List. The review identified 83 substances meeting these criteria. A notice of intent to remove these 83 substances from the Non-domestic Substances List was published in September 2017 in the Canada Gazette. It was determined that three of these substances have since been deleted from the Non-domestic Substances List and added to the Domestic Substances List. Furthermore, based on comments received and further assessment, it was determined that 56 of these substances should not be deleted from the Non-domestic Substances List because they are commercialized in Canada. Deletion would result in lowering the notification thresholds under the New Substances Notification Regulations (Chemicals and Polymers). This is expected to result in situations of non-compliance, as certain regulated parties would have already exceeded the new import or manufacture thresholds on the day on which these thresholds would apply. No comments were received on the remaining 24 substances and therefore, they are deleted from the Non-domestic Substances List.
It was determined that 29 substances were on both the Domestic Substances List and the Non-domestic Substances List and therefore, these substances are deleted from the Non-domestic Substances List.
It was also determined that one substance appeared twice on the Non-domestic Substances List under both the Chemical Abstracts Service (CAS) Registry Number 68584-82-7 and the invalid CAS Registry Number 181887-30-9. Therefore, CAS Registry Number 181887-30-9 is deleted from the Non-domestic Substances List.
The draft screening assessment for the Decenes Group has been published. It is proposed to conclude that the two substances, hydrogenated didecene and HTTD, may be harmful to human health and meet the criteria under section 64(c) of the Canadian Environmental Protection Act, 1999 (CEPA). A risk management scope has been published concurrently to initiate discussions with stakeholders on the risk management options being considered. Comments or information submitted with respect to the above publications must cite the Canada Gazette, Part I, along with the date of publication of the notices, and can be provided to the Minister of the Environment until March 10, 2021.
The final screening assessment for the Thiocarbamates Group has been published. It is concluded that one of two substances, thiram (also referred to as TMTD), may be harmful to the environment and meets the criteria under section 64(a) of CEPA. A risk management approach has been published concurrently to outline the proposed risk management actions. It is also concluded that DPTT does not meet any of the criteria set out in section 64 of CEPA. Comments or information submitted with respect to the above publications must cite the Canada Gazette, Part I, along with the date of publication of the notices, and can be provided to the Minister of the Environment until March 10, 2021.
On December 23, 2020, pursuant to subsection 38(1) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) made a preliminary determination of dumping concerning certain wheat gluten from Australia, Austria, Belgium, France, Germany and Lithuania.
The subject goods are usually imported under the following tariff classification numbers:
1109.00.10.00
1109.00.20.00
The Canadian International Trade Tribunal (CITT) will conduct a full inquiry into the question of injury to the domestic industry and will make an order or finding no later than 120 days after its receipt of the notice of the preliminary determination of dumping.
Pursuant to section 8 of SIMA, provisional duty is payable on subject goods that are released from the CBSA during the period commencing December 23, 2020, and ending on the earlier of the day the investigation is terminated, the day on which the CITT makes an order or finding, or the day an undertaking is accepted.
The amount of provisional duty payable is not greater than the estimated margin of dumping. The Customs Act applies with respect to the accounting and payment of provisional duty. Therefore, failure to pay duties within the prescribed time will result in the application of the interest provisions of the Customs Act.
New editions of the following standards were published in November 2020 by the Canadian Standards Association’s (CSA) Technical Committee on Highway Tanks and Transport Canada (TC) Portable Tanks for the Transportation of Dangerous Goods:
- CSA B620:20 “Highway tanks and TC portable tanks for the transportation of dangerous goods”
- CSA B621:20 “Selection and use of highway tanks, TC portable tanks, and other large containers for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8, and 9”
- CSA B622:20 “Selection and use of highway tanks and TC portable tanks for the transportation of dangerous goods, Class 2”
Since July 12, 2017, the Transportation of Dangerous Goods Regulations (TDGR) dynamically reference the CSA B620, B621 and B622 standards. This allows stakeholders to use the most recent versions of these safety standards as soon as they are published and provides a transition period for mandatory compliance, as specified in the TDG Regulations.
CSA published these standards in November 2020. In accordance with Section 1.3.2 of the TDG Regulations, these newly published standards come into force on May 31, 2021, however, stakeholders may use these new standards any time before this date.
Given the recent approval of the new CGSB training standard CAN/CGSB-192.3 Transportation of Dangerous Goods Training, assessment and competency to the Transportation of Dangerous Goods Regulations, which will be incorporated by reference into Part 6 of the Transportation of Dangerous Goods (TDG) Regulations, Transport Canada is moving forward with regulatory work and the development of comprehensive guidance materials.
As part of this process, the Human Resource Systems Group (HRSG) has been brought on to develop guidance material that consists of:
- A series of competency-based training and assessment programs that include job descriptions, performance criteria, general awareness and job-specific training, and assessment models;
- Material that will help industry comply with the TDG training standard CAN/CGSB-192.3 and the TDG Act and Regulations; and
- Material that will enable businesses to efficiently produce and maintain compliant training materials.
Employers will be able to use and adapt the assessment models, tools, and information, thereby reducing the cost and time associated with the development of training materials.
To ensure that the guidance material will be of value to the industry, the Directorate is soliciting your participation. The contractor HRSG would like to contact you to solicit your expertise between the start of the new year and the end of June 2021. The representation of the four modes of transportation would be much appreciated.
The purpose of this notice is to inform you that in the week of January 18, 2021, the organic import and admissibility requirements for processed products will be incorporated into AIRS, in accordance with clause 357(3) of Part 13 of the Safe Food for Canadians Regulations. This implementation will cover the remaining chapters for processed products, that is chapters 7, 8, 12, 21 and 22.
The importer/broker must confirm the possession of the certificate at the time of import in the Integrated Import Declaration (IID).
Starting 2022, importers of organic commodities for which the import requirements are included in AIRS will be required to submit a digital copy of the organic product certificate when declaring organic products online using the IID.
Some Safe Food for Canadians (SFC) licence holders will need to take action now to ensure they renew their licence before it expires. Some SFC licences expire on January 15, 2021 while others will expire in the days and weeks that follow.
If you have an SFC licence, it can be renewed online through your My CFIA account. Submit your request for renewal as soon as possible to allow sufficient processing time. You can do so up to 120 days before the expiry date of your licence. No matter how early you apply, your renewed SFC licence will be valid for two years from the original expiry date.
If your licence expires, your business will no longer be permitted to conduct licensed activities in accordance with the Safe Food for Canadians Act and may be subject to enforcement actions and removal from export eligibility lists. You will then need to apply for a new licence and be issued a new licence number, which may further disrupt your business activities including the ability to request export certification.
Environment and Climate Change Canada’s new Environmental Emergency Regulations, 2019 (the Regulations) came into force on August 24, 2019, replacing the previous version of the Environmental Emergency (E2) Regulations (2011). This email is to inform you that the 2nd version of the Technical Guidelines for these Regulations are available on the Environment and Climate Change Canada website, as of December 30, 2020.
Health Canada’s Food Directorate completed a premarket safety assessment of a food additive submission seeking approval for the use of pectinase from Aspergillus niger in unstandardized fruit and vegetable products. The results of the premarket assessment support the safety of pectinase from Aspergillus niger for its requested use. Consequently, Health Canada has enabled the food additive uses described in the information document below by modifying the List of Permitted Food Enzymes, effective January 6, 2021.
The objective of the Administrative Monetary Penalties (Canada Labour Code) Regulations [the Regulations] is to implement an AMPs regime and the public naming of violators as a new compliance and enforcement measure under the Code. Labour Program officials will have additional tools to help achieve higher levels of compliance with Part II and Part III of the Code and, as a result, improve working conditions for workers under federal jurisdiction.
- British Columbia consults on permanent partial disability benefits and retirement age determinations
Our Policy, Regulation and Research Division is releasing a discussion paper with options on Consultation on Bill 23 – Permanent partial disability benefits to stakeholders for comment. Our Policy, Regulation and Research Division is releasing a discussion paper with options on Consultation on Bill 23 – Retirement age determinations to stakeholders for comment.
The Manitoba government is providing an update on ongoing enforcement efforts to protect Manitobans from the spread of COVID-19. Since enforcement efforts began in April, a total of 1,962 warnings and 672 tickets have been issued, resulting in more than $984,000 in fines to businesses and individuals.
On December 31, 2020, the Waste Electrical and Electronic Equipment Program operated by Ontario Electronic Stewardship ended. On January 1, 2021, Ontario’s new Electrical and Electronic Equipment (EEE) Regulation came into effect. The regulation outlines a new framework where producers of information technology, telecommunications and audio-visual (ITT/AV) equipment are individually accountable and financially responsible for collecting and reusing, refurbishing or recycling their products when consumers are finished using them.
The Ontario government is improving 14 existing truck rest areas, building 10 new rest areas and adding 178 additional truck parking spaces at four existing ONroute travel plazas. This is part of the province’s five-year plan to keep Ontario’s roads and highways among the safest in North America and maintain the safe movement of essential goods.
All Employers and Persons Responsible for a Business or Organization in the City of Toronto Permitted to be Open under the Reopening Ontario Act were issued a Letter of Instruction from the Toronto Public Health Medical Officer, Dr. Eileen de Villa. An immediate notification to Toronto Public Health is required when two or more employees test positive for COVID-19 within a 14-day interval. Infection prevention measures are all required to be in place per the Letter.
WorkSafeNB has updated its Sample Incident Reporting Procedure for New Brunswick workplaces. This sample has been adjusted to meet changes in legislation and WorkSafeNB’s reporting process. It also supports best practices for injury prevention and return to work.
EPA is reopening the reporting period under the Toxic Substances Control Act (TSCA) Active-Inactive Rule where companies identified chemicals that were manufactured, imported, or processed in the United States during the 10-year time period ending on June 21, 2016.
The original reporting period closed in October 2018 and included an opportunity for submitters to assert claims to retain specific chemical identities as confidential business information (CBI). In May 2020, EPA posted an interim list of chemicals expected to lose their CBI status and move to the public portion of the TSCA Inventory. Since then, EPA has become aware of submitter confusion and issues regarding CBI claims during the initial reporting period. Today’s action enables companies to submit, amend, or withdraw filings under the Active-Inactive Rule in order to maintain existing CBI claims for specific chemical identity.
The reporting period will reopen 30 days after publication in Federal Register and run for 60 days after that date.
This final risk evaluation for 1,4-dioxane was performed in accordance with the Frank R. Lautenberg
Chemical Safety for the 21st Century Act and is being issued following public comment and peer
review.
The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SERs) to provide advice and recommendations to two Small Business Advocacy Review (SBAR) panels. There will be one panel for perchloroethylene (PCE) and one panel for n-Methylpyrrolidone (NMP). Each will focus on the agency’s development of proposed rules to address unreasonable risks identified in EPA’s recently completed Toxic Substances Control Act (TSCA) risk evaluations for these chemicals.
Federal Motor Carrier Safety Administration (FMCSA) is proposing to revise the regulatory guidance concerning recording time operating a commercial motor vehicle as a “yard move.” This guidance applies to all commercial motor vehicle (CMV) drivers required to record their hours of service. The Agency requests public comments on the proposed guidance, which includes examples of properties that are and are not “yards.” Movements of CMVs in “yards” would be considered “yard moves” and could be recorded as on-duty not driving time rather than driving time.
The Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend certain sections of Article 6 of Title 27 of the California Code of Regulations.[1] OEHHA adopted new Article 6 Clear and Reasonable Warnings regulations in August 2016, which became operative in August 2018. The Article 6 regulations adopted safe harbor warning methods and content for consumer product exposures that included provisions for a short-form warning. However, there has been widespread use of short-form warnings in ways that were not intended and do not further the purposes of Proposition 65. OEHHA has also received numerous inquiries from businesses seeking clarification as to whether the short-form warning could be used to provide safe harbor warnings for food products, and for additional guidance on the safe harbor warning content for short-form food warnings. OEHHA has therefore determined that further amendments of certain sections of Article 6 are necessary. This rulemaking includes amendments to Section 25601, Safe Harbor Clear and Reasonable Warnings – Method and Content, Section 25602, Consumer Product Exposure Warnings – Methods of Transmission, Section 25603, Consumer Product Exposure Warnings – Content, and Section 25607.1 Food Exposure Warnings – Methods of Transmission.
ISO 32000-2, Document management – Portable document format – Part 2: PDF 2.0, specifies a digital form for representing electronic documents, enabling users to exchange and view electronic documents independent of the environment in which they were created, viewed or printed. The document is intended for developers of PDF writers, PDF readers and interactive PDF processors.
SCIP is the database for information on Substances of Concern In articles as such or in complex objects (Products) established under the Waste Framework Directive. Since 5 January, companies have had to submit data to ECHA on chemicals of concern in their products. Over five million notifications have already been received in the SCIP database, and the data will be published in the coming months.
This bulletin provides guidance for verifying compliance with the Unified Carrier Registration (UCR)
Agreement during a roadside inspection and encourages roadside enforcement for the 2021 registration
year, effective Jan. 1, 2021.
The Basel Convention’s Plastic Waste Amendments become effective on 1 January 2021, changing the way plastic waste is traded, to better protect human health and the environment.
Safety Share
Training for truck drivers should focus on the most common causes of truck-related incidents and provide truck drivers with defensive driving strategies to avoid collisions and traffic violations. They need to learn how to recognize both potential and immediate hazards and how to avoid collisions in a variety of driving conditions and environments
Canadian Occupational Safety magazine by Maia Foulis – In North America, workplaces are generally becoming more and more conscious of mental health concerns among employees, especially amid the current pandemic.
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