REGULATORY NEWS FOR WEEK OF JULY 8, 2020

• Canada Border Services Agency updated the Customs Tariff for CUSMA

Both Canada and the United States have updated their applicable customs tariffs to reflect the introduction of the Canada-United States-Mexico trade agreement. The Canadian Customs Tariff is available here. The United States tariff is available here.

• Publication Delay – Notice Requiring the Preparation and Implementation of Pollution Prevention Plans with Respect to Triclosan in Certain Products
  

Environment and Climate Change Canada (the Department) 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.

• Performance measurement evaluation reports now available for Bisphenol A, Lead, Mercury and Polybrominated diphenyl ethers

Performance measurement evaluation is an important part of the overall chemicals management process. Following risk assessment and risk management implementation phases, performance measurement will help ensure that Canadians can have confidence that their health and the environment are being protected from harmful substances. Providing results to Canadians on how well risk management strategies and tools have performed will enable stakeholders and the public to better understand how effectively their health and the environment are protected from toxic substances.

• Two Ministerial Conditions published
  

Ministerial Condition No. 20287 assessed information pertaining to the substance 2-pyrrolidinone, 1-butyl-, Chemical Abstracts Service Registry No. 3470-98-2.

Ministerial Condition No. 20350 assessed information pertaining to the substance amides, tall-oil fatty, N-[3-(dimethylamino)propyl], Chemical Abstracts Service Registry No. 68650-79-3.

• After Screening Assessment CAS RN 68511-50-2

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that sulfurized isobutylene does not meet the criteria under paragraph 64(c) of CEPA, as it is 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.

• After Screening Assessment of six naphthalene sulfonic acids and their salts

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that the six substances in the NSAs Group 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.

• Drug Establishment Licence Bulletin #89 – regulatory amendments coming into force

The amendments to eliminate duplicative testing requirements and allow direct shipping is expanded by this policy to apply to all products listed in Annex A sourced from recognized countries or regions. This interim measure will be in place until such time that the official list referenced in the regulatory amendments has been formally updated. Importers of impacted product must ensure that products are manufactured appropriately and that they meet finished product specifications. The regulatory amendments allow such determinations to be made via Batch Certificate or Certificate of Manufacture/ Analysis review.

HC will host a free information session on July 22, 2020 for stakeholders to provide additional information on the amended Food and Drug Regulations. To attend the information session you must register ahead of time, as there are limited spaces (approx. 200 participants).

To register for the ENGLISH session on July 22 go to Register.

To register for the FRENCH session on July 22 go to Register.

• Environment and Climate Change Canada publications targeted for July-September 2020

Canada’s Chemicals Management Plan (CMP) program is sharing the following Risk Assessment Publications Plan to inform stakeholders of anticipated CMP publications in July – September 2020. Given the current COVID-19 pandemic, please note that the targeted publication dates are subject to change. The program anticipates sharing the Risk Assessment Publications Plan for October – December 2020 by the end of the summer.

Environment and Climate Change Canada and Health Canada recognize the impacts faced by Canadians in light of current events and understand the importance of stakeholder engagement. If you anticipate any challenges with providing your comments within the 60-day public comment periods, please inform the program at the earliest opportunity.

• Alkanolamines and Fatty Alkanolamides Group DSAR^a
• Antimony-containing Substances Group FSAR^b
• Aromatic Amines Group DSAR^a
• Epoxides and Glycidyl Ethers Group FSAR^b
• Fatty Acids and Derivatives Group FSAR^b
• Napthalene Sulfonic Acids Group DSAR^a
• Nitro Musks Group FSAR^b
• Petroleum Base Oils Group FSAR^b
• Petroleum Coke DSAR^a
• Phthalates FSAR^b
• Pigments and Dyes Group FSAR^b
• Poly(amines) Group FSAR^b
• Silver DSAR^a
• Sulfurized Isobutylene DSAR^a
• Thallium DSAR^a

^aDraft Screening Assessment Reports (DSAR) presenting information on health and ecological considerations and,  where criteria under s. 64 are proposed to be met, Risk Management Scope documents.                        

^b Final Screening Assessment Reports (FSAR) presenting information on health and ecological considerations and,  where criteria under s. 64 are met, Risk Management Approach documents.

Note: Group names are not final and may change.

• CBSA to decommission EDI, OGD, PARS and RMD August 17, 2020

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.

• Canadian border officials collecting truckers personal information

(HDT Truckinginfo) Commercial drivers crossing the border into Canada are being asked by Canadian officials to divulge personal email addresses and cell phone numbers, a new initiative to slow the spread of COVID-19.

• British Columbia to offer paperless invoicing for health care  providers

In the coming months, we will be introducing a new online portal for health care providers who currently submit paper invoices by fax or mail. The new portal is designed to make submitting invoices more convenient and efficient, and is part of our ongoing work to improve our online services to health care providers.

• WorkSafe Saskatchewan forms partnership with leading Canadian psychological health expert

WorkSafe Saskatchewan forms partnership with leading Canadian psychological health expert WorkSafe and Dr. Joti Samra to launch psychological resource centre this fall Regina, Sask., June 30, 2020 – Mental health injuries are on the rise across our province and our country. To develop a long-term strategy, which will include resources to assist Saskatchewan employers deal with psychological health issues in the workplace, WorkSafe Saskatchewan has formed a partnership with Dr. Joti Samra, one of Canada’s foremost psychological health and wellness experts. WorkSafe is the workplace injury prevention partnership between the Saskatchewan Workers’ Compensation Board (WCB) and the Ministry of Labour Relations and Workplace Safety.

• Ontario launches online training to promote safe workplaces

As the province safely and gradually reopens, the Ontario government is investing $3 million to provide free online health and safety training for the first time. These virtual courses will make it easier for job seekers and workers to get essential qualifications, while practising physical distancing and preventing the spread of COVID-19.

• Ontario consults on proposed regulatory changes to digital reporting for the Hazardous Waste Program

The Ministry of the Environment, Conservation and Parks is seeking feedback on a discussion paper that outlines proposed changes to modernize and transition digital reporting services for industrial hazardous waste to the Authority. The discussion paper has been posted to the Environmental Registry for a 60-day comment period, from June 19, 2020 until August 18, 2020.

• Ontario consulting on elevator laws

The Ontario government is launching consultations in an effort to improve elevator safety, performance, and availability in multi-storey buildings. The province is seeking input on proposed regulatory changes under the Technical Standards and Safety Act, 2000. These new rules would help to ensure that elevators are well-maintained and meet updated safety requirements.

• Québec publishes employer draft assessments

This draft regulation seeks to determine the percentages that the Commission must use in order to levy on employers personally liable for the payment of benefits the expenses that it incurs for the application of Chapter X of the Act respecting industrial accidents and occupational diseases.

• Safely entering New Brunswick to work amid COVID-19

As we try to prevent the spread of COVID-19, employers must safely prepare and monitor employees who travel from outside the Atlantic Provinces (Newfoundland and Labrador, Prince Edward Island, New Brunswick and Nova Scotia) to work in New Brunswick. Employers must address how they will isolate workers from New Brunswickers (residents and other workers) in the first 14 days of arrival. These actions can be documented in an Isolation for Out-of-Province Workers form.

• Canadian border officials collecting truckers personal information

(HDT Truckinginfo) Commercial drivers crossing the border into Canada are being asked by Canadian officials to divulge personal email addresses and cell phone numbers, a new initiative to slow the spread of COVID-19.

• Commitment to Strong Environmental Protections and Regulatory Reform into 2021
  

The U.S. Environmental Protection Agency (EPA), along with the rest of the federal government, released the Spring 2020 Unified Agenda of Regulatory and Deregulatory Actions (Spring Agenda), which provides updates to the public about regulatory activity planned for the next 12 months. The Spring Agenda continues to support President Trump’s commitment to regulatory reform, while simultaneously advancing the Agency’s core mission of protecting human health and the environment.

• California issues Notice of Deficiency to spray foam insulation makers

The Department of Toxic Substances Control has issued a Notice of Deficiency to manufacturers of spray polyurethane foam (SPF) insulation systems who claim there is no suitable alternative to a toxic chemical used in their wall and roof insulation products.

• Australia launches new inventory search page

To search for chemicals on the Australian Industrial Chemicals Inventory, visit our new inventory search page where you can search using either CAS numbers or chemical names.

• European inspectors to check consumer products for hazardous substances

The Enforcement Forum agreed that its major enforcement project planned for 2022 (REF-10) will focus on integrated checks of products that control several duties from different pieces of legislation – mostly related to articles, but also to mixtures. Most of the products are expected to be consumer products.

Safety Share

• Amid massive job losses due to the pandemic, employment scams are on the rise in Canada

(CBC News) As of May 31, the Canadian Anti-Fraud Centre had received close to 2,000 reports about job scams. That’s more than in all of 2019, when there were 1,757 reports. Fraudsters use sophisticated techniques in order to create fake websites and use counterfeit financial instruments, such as bogus cheques.

• Operation Safe Driver Week is July 12-18

The Commercial Vehicle Safety Alliance’s (CVSA) 2020 Operation Safe Driver Week will go on as scheduled, July 12-18. During this week-long traffic enforcement safety initiative, law enforcement personnel throughout North America will be looking for drivers who are engaging in unsafe driving behaviors on our roadways. Identified drivers will be pulled over by law enforcement and may be issued a warning or citation.

• Take safety precautions while working in summer heat

Extreme summer temperatures can cause reactions ranging from discomfort to serious illness in most people. For workers who are exposed to the heat over the course of a work day, taking safety precautions is an important part of staying healthy and comfortable.