Regulatory
REGULATORY NEWS FOR WEEK OF JULY 15, 2020
Canadian Federal News
New Substances Notifications (NSNs)
The program had advised that on March 18, 2020 New Substances Notifications (NSNs) be submitted via the Environment and Climate Change Canada’s Single Window (SWIM) or by e-mail ([email protected]). You are encouraged to continue using electronic methods of submission to ensure that NSNs are processed and assessed within service standards.
Payments
Also, on March 18, 2020, due to COVID-19, the program advised that payments could no longer be processed immediately upon acknowledgement of receipt of notification packages, and that payments would be processed at a later date. As of July 2020, the program intends to resume the processing of payments. Please note that the Fee Payment Line continues to be unavailable to accept calls at this time.
Substances Search Tool
The Substances Search tool is used to look up substance names and substance identifiers that are referenced in various legislative or regulatory instruments or Government of Canada websites. The last data update to the Substances Search tool was March 27, 2020. Data is not currently being updated in the tool. We are working to resolve this, but anticipate this will take time. If you require an updated list, please contact the program directly.
On July 15, 2020, new requirements relating to licensing, preventive controls and traceability under the Safe Food for Canadians Regulations (SFCR) begin to apply to businesses in the manufactured food sector. The Canadian Food Inspection Agency (CFIA) understands that this remains a difficult time for some businesses in the manufactured food sector as they continue to struggle with challenges resulting from the COVID-19 pandemic.
The CFIA activities and priorities regarding industry compliance during the pandemic remain the same as announced in April. Any change to the CFIA’s prioritization of compliance and enforcement activities with regard to the SFCR will be announced with adequate lead time once the situation allows. The CFIA will continue to support businesses in their efforts to comply with relevant legislation, including the SFCR.
Businesses are still expected to meet requirements of the Food and Drugs Act and the Food and Drug Regulations, as well as other SFCR requirements that were applicable prior to July 15, 2020, including those related to food safety, exports, packaging and labelling.
In the event of a food safety issue, the CFIA will take action to protect consumers. This may include recalling, seizing or detaining food products and using other enforcement and control measures. Until then, we encourage businesses in this sector to review and, where possible, take steps to meet new licensing, preventive control and traceability requirements of the SFCR.
To support businesses in these efforts, the CFIA has made improvements to the Toolkit for food businesses and has launched a food business requirements virtual assistant to help them find key information and resources on our website. Businesses are encouraged to consult the COVID-19: CFIA information for industry section of the website for regular updates.
Environment and Climate Change Canada is aware of the pressures the COVID-19 pandemic has put on many companies and Canadians. The Department also wants to ensure that resources are prioritized to address the COVID-19 emergency. Consequently, this email is to inform you, as stakeholders with an interest in triclosan, that the publication of the Notice Requiring the Preparation and Implementation of Pollution Prevention Plans with Respect to Triclosan in Certain Products in the Canada Gazette, Part I will be delayed.
The ministers assessed information on 24 substances (chemicals and polymers) new to Canada and determined that they meet the criteria for addition to the Domestic Substances List, under subsections 87(1) or 87(5) of CEPA. These 13 substances are therefore being added to the Domestic Substances List and, as a result, are no longer subject to the New Substances Notification Regulations (Chemicals and Polymers).
The Canada Border Services Agency (CBSA) has announced that the release service options known as Electronic Data Interchange (EDI) Other Government Department (OGD) Pre-Arrival Review System (PARS) and the OGD Release on Minimum Documentation (RMD) will be decommissioned as of August 17, 2020.
As of this date, import declarations must be submitted to CFIA via the Single Window (SW) Integrated Import Declaration (IID) or paper submissions, and all declarations submitted via OGD PARS or OGD RMD will be rejected.
CFIA strongly encourages importers and brokers who are not exclusively using SW to take steps to do so prior to August 17. It features faster, paperless releases, and allows importers and brokers to submit declarations up to 90 days in advance.
If you would like to become certified for IID, please contact CBSA`s Technical Commercial Client Unit (TCCU) at [email protected] or (613) 946-0762.
On the basis of the information presented in this screening assessment, it is concluded that the 11 antimony-containing substances 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. It is concluded that the 11 substances in the Antimony-containing Substances Group do not meet any of the criteria set out in section 64 of CEPA.
On the basis of the information presented in this screening assessment, it is concluded that the 39 base oils 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 concluded that the 39 base oils listed in Annex II do not meet any of the criteria set out in section 64 of CEPA.
Federal Environmental Quality Guidelines (FEQGs) are available for the following substances or groups of substances:
1. Lead
2. Quinoline
3. Strontium
The health products sector and Canada’s business community mobilized quickly. Health Canada collaborated with federal partners and international counterparts. Due to these collective efforts, we approved thousands of products between March and June. These products support areas of greatest need and include more than:
- 3,200 hand sanitizers and
- 149 hard-surface disinfectants
- 262 medical devices for patient safety and care, such as personal protective equipment, ventilators and decontamination devices
- 26 testing devices for diagnosing COVID-19 and detecting the antibodies produced in response to a COVID infection
- 40 clinical trials, including the first clinical trial in Canada for a COVID-19 vaccine
Health Canada has launched a number of consultations regarding these substances that concludes on October 7, 2020..
Canadian Provincial News
This resource provides information for employers and workers about a worker’s right to refuse dangerous work and the detailed processes involved.
WorkSafeBC is holding a virtual public hearing on September 30, 2020, for proposed amendments to the Occupational Health and Safety Regulation.
The Ontario government is piloting a new system that will make it easier for truck drivers to access COVID-19 testing through a partnership with DriverCheck. This is part of the government’s efforts to stop the spread of COVID-19 and protect public health across the province.
Resources for working safely during the COVID-19 outbreak, aimed at employers and workers, are available online. These include guidelines for numerous jobs and sectors, as well as downloadable workplace posters and graphic tip sheets.
US News
Throughout the COVID-19 public health emergency, the U.S. Environmental Protection Agency (EPA) has worked to provide the American public with information about how to safely and effectively kill the novel coronavirus, SARS-CoV-2, on surfaces. Last week, EPA approved two products, Lysol Disinfectant Spray (EPA Reg No. 777-99) and Lysol Disinfectant Max Cover Mist (EPA Reg No. 777-127), based on laboratory testing that shows the products are effective against SARS-CoV-2.
International News
The phthalates DEHP, DBP, DIBP and BBP are restricted in articles as of 7 July 2020. If your company is affected, make sure you understand the conditions of the restriction, including possible derogations.
Other Relevant Information
Safety Share
Law enforcement personnel will issue warnings or citations to commercial motor vehicle drivers and passenger vehicle drivers engaging in dangerous driving behaviors as part of the Commercial Vehicle Safety Alliance’s (CVSA) Operation Safe Driver Week.
This year’s hurricane season is predicted to be above-average. It is critical that the chemical industry understand and prepare for the potential hazards posed by extreme weather including flooding and lightning strikes.
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