Regulatory
REGULATORY NEWS FOR WEEK OF JANUARY 5, 2021
Canadian Federal News
The amendments required to align with the seventh revised edition of the GHS include modifications to several definitions, the adoption of a new hazard category for non-flammable aerosols and new subcategories for Flammable Gases, the addition of a new test procedure for Oxidizing Solids, and modifications to Schedule 1 to the Hazardous Products Regulations to update the information elements required to be provided on safety data sheets.
The other proposed regulatory amendments are very diverse in nature and address issues identified by the Department and stakeholders. These proposed amendments include clarifications and modifications to existing provisions relating to the classification of hazardous products in the physical and health hazard classes. There are also clarifications and adjustments with regard to hazard communication elements required on labels and safety data sheets, as well as administrative updates to the Hazardous Products Regulations.
As you may be aware, due to the current pandemic situation, Canada’s National Research Council (NRC) has asked industry to identify substances Quaternary Ammonium Compounds (QACs) that may be effective sanitizers against the SARS-CoV-2 virus and other micro-organisms or viral particles. In order to expedite these processes, Environment and Climate Change Canada has conducted an analogue search for compounds with a structural similarity to existing QAC-based sanitizing agents that have previously been assessed under the Canadian Environmental Protection Act, 1999.
We have identified the substance guanidine, N,N”’-1,6-hexanediylbis[N’-cyano-, polymer with 1,6-hexanediamine, hydrochloride (CAS RN 27083-27-8) as a possible candidate for addressing the NRC’s current needs. According to on our records, your company has previously expressed a commercial interest in this substance based on information submitted under the DSL Inventory Update 2 data gathering initiative conducted in 2013.
Some marks that are currently authorized for use on dangerous goods shipped as a limited quantity will expire on December 31, 2020. Marks in the form of text and the white square on point with UN number are no longer accepted after December 31, 2020. Subsection 1.17(5) and 1.17(6) of the TDGR includes the accepted marks that must be used as of January 1, 2021.
On the basis of the information presented in this 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 substances are used as industrial intermediates and do not appear in products available to consumers. It is concluded 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.
Considering all available lines of evidence presented in this screening assessment, there is a low risk of harm to the environment from substances in the Substituted Alkyl Imidazolines Group. It is concluded that CAS RN 95-38-5, CAS RN 27136-73-8, CAS RN 68442-97-7, and CAS RN 68966-38-1 do not meet the criteria under paragraph 64(a) or (b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.
The predominant sources of exposure to the Canadian general population are paint remover, lubricant and rust blocker, and hair conditioner for CAS RN 95-38-5, CAS RN 27136-73-8, and CAS RN 68966-38-1, respectively. There is also the potential for exposure through environmental media for CAS RN 95-38-5, CAS RN 27136-73-8, and CAS RN 68442-97-7.
On the basis of the information presented in this screening assessment, it is concluded that CAS RN 95- 38-5, CAS RN 27136-73-8, CAS RN 68442-97-7, and CAS RN 68966-38-1 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.
The notice of intent (NOI) is an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL) to apply the Significant New Activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (CEPA) to the substance phenol, dimethyl-, phosphate (3:1) [also known as trixylyl phosphate, Chemical Abstracts Service (CAS) Registry No. 25155-23-1], pursuant to subsection 87(3) of that Act.
1 Part I of the Non-domestic Substances List is amended by deleting the following:
- 10016-20-3
- 113184-29-5
- 119275-52-4
- 142982-20-5
- 193562-35-5
- 1078715-97-5
Publication after screening assessment of a substance — glycine, N,N-bis(carboxymethyl)-, trisodium salt (Na3NTA), CAS RN 5064-31-3 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999) the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on this substance at this time under section 77 of the Act. Notice is further given that options are being considered for follow-up activities to track changes in exposure to Na3NTA.
On the basis of the information presented in this screening assessment, it is concluded that trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6 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. (See above Notice of Intent Significant New Activity CAS RN 25155-23-1).
The proposed Clean Fuel Regulations (the proposed Regulations) would require liquid fossil fuel primary suppliers (i.e. producers and importers) to reduce the carbon intensity (CI) of the liquid fossil fuels they produce in and import into Canada from 2016 CI levels by 2.4 gCO2e/MJ in 2022, increasing to 12 gCO2e/MJ in 2030. The proposed Regulations would also establish a credit market whereby the annual CI reduction requirement could be met via three main categories of credit-creating actions:
(1) actions that reduce the CI of the fossil fuel throughout its lifecycle,
(2) supplying low-carbon fuels, and
(3) specified end-use fuel switching in transportation. Parties that are not fossil fuel primary suppliers would be able to participate in the credit market as voluntary credit creators by completing certain actions (e.g. low-carbon fuel producers and importers).
In addition, the proposed Regulations would retain the minimum volumetric requirements (at least 5% low CI fuel content in gasoline and 2% low CI fuel content in diesel fuel and light fuel oil) currently set out in the federal Renewable Fuels Regulations (RFR). The RFR would be repealed.
Health Canada is notifying interested parties that updated industry guides for several products that are subject to the Canada Consumer Product Safety Act (CCPSA) are now available. The following industry guides have been updated to provide information related to the use of flame retardant chemicals:
- Industry Guide to Canadian Requirements for Carpets and Other Textile Floor Coverings
- Industry Guide to Flammability of Textile Products in Canada
- Industry Guide to Health Canada’s Safety Requirements for Children’s Toys and Related Products
- Children’s sleepwear: Flammability requirement guidelines
- Industry guide to futon flammability requirements in Canada
Health Canada’s Food Directorate completed a premarket safety assessment of modified vinegar for use as a preservative in the same meat and poultry products and preparations that are already permitted to be made with potassium acetate, potassium diacetate, sodium acetate and sodium diacetate. The results of the premarket assessment support the safety of modified vinegar for these uses. Consequently, Health Canada intends to enable the use of modified vinegar by modifying Part 2 of the List of Permitted Preservatives.
This list includes most of the non-novel determinations for food and food ingredients that Health Canada has made since 2012. These are the results of a voluntary process referred to as a novelty determination.
The intent of this consultation document is to obtain stakeholder input on the group of BPA analogues and functional alternatives identified on the basis of the approach described in this document. This document provides an overview of methods used to identify and triage a broad set of 343 substances for further consideration and outlines proposed next steps for problem formulation. The objectives of this consultation document are to solicit input specifically on:
- the methods applied to identify the broader group of BPA analogues and functional alternatives;
- the suitability of the chemicals as members of the broader group; and
- the proposed subgrouping of substances.
The Customs Tariff is based on the World Customs Organization’s (WCO) Harmonized Commodity Description and Coding System (HS).
Canadian Provincial News
When a hazard cannot be eliminated, it needs to be controlled. The hierarchy of controls must be followed:
- first choice – engineering controls (e.g. plexiglass barriers)
- second choice – administrative controls (e.g. staggering break times)
- third choice – personal protective equipment (PPE) (e.g. gloves, face shields, respirators)
Employers may need a combination of engineering and administrative controls and PPE to adequately protect workers. Supervisors are responsible for ensuring workers use all hazard controls and wear required PPE.
The Ontario government has launched a series of education and enforcement campaigns to ensure businesses across the province are taking the necessary steps to keep employees, consumers and the public safe. These campaigns support the current efforts of police, municipal by-law officers, and public health inspectors to educate businesses and enforce the COVID-19 health and safety requirements. Officers will be asking employers to produce their workplace safety plans.
(Sherrard Kuzz LLP) In response to the COVID-19 pandemic, the Government of Ontario announced a province-wide shutdown to commence on Saturday, December 26 at 12:01 a.m.; to last 14 days for Northern Ontario and 28 days for Southern Ontario. A person responsible for a business or organization that is open shall ensure that the business or organization operates in accordance with all applicable laws, including the Occupational Health and Safety Act and the regulations made under it, and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals. Members of the public may enter safety supply stores or businesses by appointment only.
Cleaning and Disinfection
Businesses or places that are open shall ensure that equipment, washrooms, locker rooms, change rooms, showers that are accessible to the public are cleaned and disinfected as frequently as is necessary to maintain a sanitary condition.
Face Coverings
Businesses or organizations must ensure that masks or face coverings are worn by any person (including members of the public and workers) in the indoor area of the business or organization, with limited exceptions.
Safety Plans
Requirement for all businesses open to prepare and make available a COVID-19 safety plan. A copy of the plan shall be made available to any person for review upon request, and be posted
where it would come to the attention of individuals working in or attending the business.
Ontario has made regulatory amendments to change its Working at Heights training requirements. The amendments recognize Newfoundland and Labrador’s rigorous fall protection training to allow greater labour mobility, and expand an existing exemption for automotive manufacturers and assemblers to remove the need for duplicate training. The changes come into effect on January 1, 2021.
All workplaces covered by the Occupational Health and Safety Act are required to provide notice and reports to the Ministry of Labour, Training and Skills Development and/or other specified workplace parties (such as the Joint Health and Safety Committee) of any fatalities, critical injuries, occupational illnesses and other prescribed incidents or occurrences at the workplace (Part VII – Notices: Sections 51 to 53.1, Occupational Health and Safety Act).
To assist employers in meeting their obligations under Part VII – Notices of the Occupational Health and Safety Act, the Ministry of Labour, Training and Skills Development is proposing to streamline the prescribed written reporting requirements into a single regulation that would apply to all workplaces covered under the Occupational Health and Safety Act.
US News
he U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) reminds employers that the agency will begin collecting calendar year 2020 Form 300A data on Jan. 2, 2021. Employers must submit the form electronically by March 2, 2021.
You may be affected by this action if you manufacture (including import), distribute in commerce, or process a chemical substance (or any combination of such activities) and are required to submit information to EPA under TSCA sections 4 or 5, or if you manufacture a chemical substance that is the subject of a risk evaluation under TSCA section 6(b). The following list of North American Industry Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include companies found in major NAICS groups:
- Chemical Manufacturers (NAICS code 325),
- Petroleum and Coal Products (NAICS code 324), and
- Chemical, Petroleum and Merchant Wholesalers (NAICS code 424).
The U.S. Environmental Protection Agency (EPA) pursues its mission to protect human health and the environment, on December 22, 2020 the agency released final rules under the Toxic Substances Control Act (TSCA) that will reduce exposure to five chemicals that are persistent, bioaccumulative and toxic (PBT).
The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of Asbestos Part 1 (Chrysotile Asbestos). EPA has determined that specific conditions of use of Chrysotile Asbestos present an unreasonable risk of injury to health. For those conditions of use for which EPA has found an unreasonable risk, EPA must take regulatory action to address that unreasonable risk through risk management measures enumerated in TSCA. EPA has also determined that specific conditions of use do not present unreasonable risk of injury to health or the environment.
The Environmental Protection Agency (EPA) issued a notice in the Federal Register of November 6, 2020, opening a 60-day comment period on the draft nationwide biological evaluations for the registration review of the pesticides atrazine, simazine, and propazine relative to the potential effects on threatened and endangered species and their designated critical habitats. This document extends the comment period for 45 days, from January 5, 2021 to February 19, 2021.
This notice publishes the 2020 List of Explosive Materials, as required by law. The 2020 list is the same as the 2019 list published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The list becomes effective December 22, 2020.
The list contains a wide range of naturally occurring and synthetic chemicals that are known to cause cancer or birth defects or other reproductive harm. These chemicals include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust. The current list is dated December 18, 2020.
International News
The Health and Safety Executive (HSE) are running an online seminar covering the GB’s post-Brexit chemical regime – covering REACH, Biocides, Classification & Labelling, Prior Informed Consent, and Plant Protection Products. A webinar will be held on Wednesday January 20, 2021 (10:15 am UK time).
Stakeholders are invited to provide relevant and science-based information by 27 January 2021 on substitution plans for eight applications for authorisation. The applications cover uses of chromium trioxide, sodium dichromate and bis(2-ethylhexyl) phthalate (DEHP).
Other Relevant Information
Safety Share
McCarthy Tétrault LLP – (Jade Buchanan, Danielle Douglas and Abby Nann)
If an employer determines that a vaccine verification program is integral to the health and safety of its workers, the Office of the Information and Privacy Commissioner of Saskatchewan (OIPC) advises that, regardless of whether an employer is subject to privacy legislation, the following key principles are best practices:
- Establish the purpose and authority for asking for the information and notify employees of the purpose
- Collect the least amount of information to meet the purpose
- Share information with only those who need to know
- Store the information, keep it secure, and destroy it when no longer needed
A new website created by the Occupational Cancer Research Centre allows users to explore risks of disease for Ontario workers in five industry sectors and hundreds of occupation groups, with additional sectors coming soon.
Saying goodbye to your Christmas tree may not be easy, but here’s a compelling reason to remove it as soon as possible: Nearly one-third (31 percent) of home fires that begin with Christmas trees occurs in January. The longer a natural tree is kept up after Christmas, the more likely it is to dry out and ignite. With this concern in mind, the National Fire Protection Association (NFPA) strongly encourages people to remove Christmas trees from their homes promptly after the holiday season.
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