REGULATORY NEWS FOR WEEK OF MARCH 23, 2021

• Canadian and foreign companies that supply substances or goods to Canada, are encouraged to respond

Environment and Climate Change Canada (ECCC) is embarking on a meaningful and collaborative dialogue with Canadian stakeholders on enhancing supply chain transparency under a modernized Chemicals Management Plan (CMP). A stakeholder workshop launched this work in March 2020, and this voluntary request for information is the next step. Participation is voluntary and ECCC will analyze and report the results in aggregate form only. The results of this survey will inform the design of broader national consultations funded by the Treasury Board of Canada’s Centre for Regulatory Innovation that will begin later this year on ways to enhance and facilitate the collection and sharing of product data, particularly in digital form. Objectives of these consultations will include:

• Co-developing recommendations to enhance supply chain transparency with stakeholders (e.g. manufacturers, distributors, retailers, third-party technology service providers, non-governmental organizations);
• Using experimentation, in the form of testing exercises, to determine the feasibility of those recommendations to support sustainable decision making as well as improved compliance with regulations related to product information disclosure;
• Seeking strategic partnerships with innovators to collaborate on new approaches to enhancing transparency;
• Investigating international standards with a view to harmonizing requirements for product data across jurisdictions; and
• Supporting longer-term consideration of digital tools as well as legislative, policy, or voluntary measures as appropriate to facilitate sharing of information across supply chains

• Significant New Activity Notice 20521 published

• Domestic Substances List changes 19 substances to Significant New Activity provisions

The 19 substances listed in Table 1 in the annex to this statement have properties of concern that could pose a risk to the environment or human health if exposure levels to the substances were to increase due to new activities. In addition, prior to 2014, the Minister of the Environment (the Minister) had applied the significant new activity (SNAc) provisions under the Canadian Environmental Protection Act, 1999 (CEPA or the Act) to the six substances listed in Table 2 in the annex to this statement. Those six substances had been subjected to SNAc requirements, and as a result of a review of current SNAc orders and notices, they were determined to require variation. In order to address these concerns, the Minister is amending the Domestic Substances List (DSL) in accordance with subsection 87(3) of the Act to apply the SNAc provisions of CEPA to the 19 substances in Table 1, and to vary (i.e. change) the SNAc requirements on the six substances in Table 2.

Table 1 Chemical Abstract Service Registry Numbers

Table 2 Chemical Abstract Service Registry Numbers

• Failure to provide records results in fine to Saskatchewan employer

A Saskatchewan company was fined $2,100 in Rosetown Provincial Court on March 11, 2021, for failing to provide payroll records to an employment standards officer.

• Ontario inspectors see increases in compliance with COVID-19 safety measures

The Ontario government is seeing a greater number of small businesses complying with COVID-19 safety requirements. During follow-up visits for educational workplace safety campaigns, provincial offences officers found that approximately 73 per cent of businesses were in compliance with public health measures and compliance increased by 20 per cent.

• Ontario Making it Easier to Administer Rapid COVID-19 Testing in the Workplace

The Ontario government is making it easier for businesses to test for COVID-19 in the workplace by providing guidance to employees who want to self-swab for a rapid antigen point-of-care test on a voluntary basis under the supervision of a trained individual. Based on the success of the initial deployment of rapid antigen testing, the government is also expanding the program to more sectors including first responders, emergency medical services, trucking and transportation, wastewater management, and post-secondary institutions.

• Prince Edward Island National Building Code standards in effect on March 31, 2021

National Building Code standards will be fully in effect on Prince Edward Island in April, improving the energy efficiency of Island homes while promoting quality construction.

The PEI Building Codes Act and Regulations that adopt the National Building Code were introduced in 2020 in order to keep new construction on the Island consistent with minimum standards across the country.

Implementation of the Act was staggered, applying to commercial, industrial and multi-unit buildings in 2020 and incorporating single-family or semi-detached homes and their accessory structures as of March 31, 2021.

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• US extends injury reporting beyond the March 2 deadline

Employers may still submit the required 2020 injury and illness data beyond the March 2 deadline.  Employers must post their Summary of Work-Related Injuries and Illnesses (Form 300A) from February 1 through April 30.

• Proposed Rule Regulation of Persistent, Bioaccumulative and Toxic Chemicals

In accordance with the January 21, 2021, Executive Order entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” and other Biden-Harris Administration Executive orders and other direction, the Environmental Protection Agency (EPA) is requesting additional public comments on five final rules recently issued under the Toxic Substances Control Act (TSCA). On January 6, 2021, EPA issued final rules to address its obligations under TSCA for five persistent, bioaccumulative, and toxic (PBT) chemicals that EPA determined met the criteria for expedited action under TSCA. These chemicals are 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3); decabromodiphenyl ether (decaBDE) (CASRN 1163-19-5); phenol, isopropylated phosphate (3:1) (PIP (3:1)) (CASRN 68937-41-7); pentachlorothiophenol (PCTP) (CASRN 133-49-3); and hexachlorobutadiene (HCBD) (CASRN 87-68-3). PBT chemicals are of particular concern in the Agency’s efforts to protect human health and the environment because they are toxic and remain in the environment for long periods of time and can build up or accumulate in the body. As a first step in its efforts to immediately review these rules to determine whether they are consistent with the Administration policy to limit exposure to dangerous chemicals (and to determine whether and how these rules should be revised), EPA invites public comment on the final rules, including whether there are further exposure reductions that could be achieved, including exposure reductions for potentially exposed or susceptible subpopulations and the environment; implementation issues associated with these final rules; and whether to consider additional or alternative measures or approaches. In particular, EPA is seeking comment on specifics of recently raised issues regarding the compliance date for the prohibition on the processing and distribution of PIP (3:1) for use in articles, and PIP (3:1)-containing articles. DATES: Comments must be received on or before May 17, 2021.

• Significant New Use Final Rule published for 3 substances

EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which were the subject of premanufacture notices (PMNs).

PMN P18-59 (CAS No. 22041-23-), P18-60 (CAS No. 2041102-83-2) and, P-18-381 (CAS No. 1239902-45-4).

• California lists Molybdenum Trioxide and Indium Tin Oxide to Proposition 65

Effective March 19, 2021, the Office of Environmental Health Hazard Assessment (OEHHA) is adding molybdenum trioxide (CAS No. 1313-27-5) and indium tin oxide (CAS No. 50926-11-9) to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65[1].  The listing of these chemicals is pursuant to the “Labor Code” listing mechanism.

• Europe to evaluate 58 substances

The European Chemicals Agency (ECHA) lists 58 substances for evaluation by EU Member States under the Community rolling action plan (CoRAP) for 2021-2023.

Safety Share

• Sharing the road with trucks – 10 safety tips

As drivers, we are all partners in road safety. Whether we’re behind the wheel of a large truck or a small car, we all play an important role in the health and well-being of those around us. Although the size and weight of large trucks can create certain hazards for smaller vehicles, statistics show that the majority of fatal collisions between cars and trucks are caused by the driver of the car. Often the problem is that drivers do not understand the limitations of large trucks.

• Ageism: a social determinant of health that has come of age

(The Lancet) On March 18, 2021, the Global Report on Ageism1 was launched by WHO, the Office of the UN High Commissioner for Human Rights, the UN Department of Economic and Social Affairs, and the UN Population Fund. Combating ageism is one of the four action areas of the Decade of Healthy Ageing (2021–2030).2 Changing how we think, feel, and act towards age and ageing is a prerequisite for successful action on healthy ageing and for progress on the three other action areas of the Decade of Healthy Ageing: developing communities that foster older people’s abilities, delivering person-centred integrated care and primary health services responsive to older people’s needs, and providing long-term care for older people who need it.

• Tiny seeds you buy online can cause big trouble

As you dream about planting your garden to beautify your home or grow your own food, remember that those tiny seeds you buy online could bring great harm to our environment and economy.

Seeds purchased online could be species of plants that are invasive to Canada and could have a lasting impact not only on your garden but parklands, crops, waterways and habitats for animals, birds, fish and amphibians.

• Sparky the Fire Dog celebrates his 70th birthday

March 16, 2021 – Sparky the Fire Dog®, the official mascot of the National Fire Protection Association (NFPA), celebrates his 70th birthday this month, reflecting on a legacy and impact that spans the generations: Kids know and love him, parents grew up with him, and grandparents remember his messages of fire safety.