Regulatory
REGULATORY NEWS FOR WEEK OF MARCH 30, 2021
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.
On March 23, 2021, pursuant to paragraph 41(1)(b) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) has made a final determination of dumping concerning certain wheat gluten originating in or exported from Australia, Austria, Belgium, France, Germany and Lithuania.
The subject goods are usually classified under the following tariff classification numbers:
- 1109.00.10.00
- 1109.00.20.00
Note that the tariff classification numbers are for convenience of reference only. Refer to the product definition for authoritative details regarding the subject goods. The Canadian International Trade Tribunal (CITT) is continuing its inquiry into the question of injury to the domestic industry and will make an order or finding by April 22, 2021.
Work is being undertaken by Environment and Climate Change Canada (ECCC) and Parks Canada (PCA) regarding environmental fines and sentencing principles under ten federal environmental law, set out in Annex 1. Ten years ago, many federal laws protecting Canada’s environment were changed to increase fines and provide for stronger sentencing. A review is now underway to ensure fine amounts and sentencing principles advance all relevant goals and remain consistent with public values, the economy and other relevant circumstances. The relevant goals are deterrence from committing offences, denunciation of unlawful conduct, reinforcement of the polluter pay principle and/or recovery and restoration, as the case may be in the different Acts. This legislative review will be the first one since the laws were amended ten years ago and will focus on the mandated sections. As part of the review, ECCC and PCA would like to seek your input during a formal engagement period expected to begin on June 2 and end on August 31 (the Engagement Period). A preliminary paper will be shared this Spring to support this engagement.
Annex 1 – Table of Federal Acts,
Review Requirement Sections, and Sections to be Reviewed
Act |
Review Requirement Section |
Sections to be Reviewed |
Antarctic Environmental Protection Act (AEPA) |
68.4 |
50 – 68.3 |
Canada National Marine Conservation Areas Act (CNMCAA) |
28.4 |
24 – 28.3 |
Canada National Parks Act (CNPA) |
31.4 |
24 – 31.3 |
Canada Wildlife Act (CWA) |
18.4 |
13 – 18.3 |
Canada Environmental Protection Act (CEPA) |
294.5 |
272 – 294.4 |
International River Improvements Act (IRIA) |
52 |
33 – 50 |
Migratory Birds Convention Act, 1994 (MBCA) |
18.24 |
13 – 18.23 |
Saguenay-St. Lawrence Marine Park Act (SSLMPA) |
22.3 |
20 – 22.2 |
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) |
28.1 |
22 – 22.16 |
Greenhouse Gas Pollution Pricing Act (GGPPA) |
261 |
232 – 252 |
Health Canada is seeking feedback on two new pieces of guidance for the Novel Food Regulations, focused on plant breeding. Our intent is to ensure the guidance:
- provides greater clarity, predictability and transparency regarding the regulation of novel foods derived from plants, including those developed using gene-editing technologies
- provides an efficient and predictable pathway to commercialization for new products
Transport Canada’s Transportation of Dangerous Goods (TDG) Directorate has completed a review of Form 16-0090 for air operators submitting their dangerous goods policies, procedures and training programs for approval. This page is intended to inform air operators of the change to Form 16-0090 – Application for Review of Dangerous Goods Policies & Procedures and Training Programs.
The Driving Back to Work grant program will cover up to 90 per cent of the cost of Mandatory Entry-Level Training to help eligible unemployed Albertans get their Class 1 commercial truck driver’s licence and pursue careers as professional truck drivers.
The program offers employers financial rebates and public recognition badges, for successful participation in the program. To learn more about the benefits of the program and how to join, we are offering free one-hour webinar information sessions. Simply click on the link below to register for one of the April sessions:
Workplace Safety & Prevention Services and The Conference Board of Canada developed a Mental Harm Prevention Roadmap. The Roadmap facilitates the creation of mental health strategies appropriate for the needs of Canadian organizations.
[/vc_column_text] In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: “Recordkeeping and Reporting Requirements for Allegations of Significant Adverse Reactions to Human Health or the Environment” and identified by EPA ICR No. 1031.12 and OMB Control No. 2070-0017, represents the renewal of an existing ICR that is scheduled to expire on October 31, 2021. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment. DATES: Comments must be received on or before May 28, 2021. In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: “Collection of Information for TSCA Mercury Inventory Reporting” and identified by EPA ICR No. 2567.03 and OMB Control No. 2070-0207, represents the renewal of an existing ICR that is scheduled to expire on October 31, 2021. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment. DATES: Comments must be received on or before May 24, 2021. The Safer Choice program in the Environmental Protection Agency (EPA) is accepting submissions for its 2021 Safer Choice Partner of the Year Awards. EPA developed the Partner of the Year Awards to recognize the leadership contributions of Safer Choice partners and stakeholders who, over the past year, have shown achievement in the design, manufacture, selection, and use of products with safer chemicals, that further outstanding or innovative source reduction. EPA especially encourages submission of award applications that show how the applicant’s work in the design, manufacture, selection and use of those products promotes environmental justice, bolsters resilience to the impacts of climate change, results in cleaner air or water, or improves drinking water quality. All Safer Choice stakeholders and program participants in good standing are eligible for recognition. Interested parties who would like to be considered for this award should submit to EPA information about their accomplishments and contributions during 2020. There is no form associated with this year’s application. EPA will recognize award winners at a Safer Choice Partner of the Year Awards ceremony in the fall of 2021. DATES: Submissions are due on or before May 31, 2021. Office of Environmental Health Hazard Assessment (OEHHA) has selected perfluorooctane sulfonate (PFOS) and its salts and transformation and degradation precursors review for possible listing under Proposition 65. The OEHHA also elected perfluorodecanoic acid (PFDA) and its salts, perfluorohexanesulfonic acid (PFHxS) and its salts, perfluorononanoic acid (PFNA) and its salts, and perfluoroundecanoic acid (PFUnDA) and its salts for the Developmental and Reproductive Toxicant Identification Committee’s (DARTIC) review for possible listing under Proposition 65.
The European Chemicals Agency (ECHA) lists 58 substances for evaluation by EU Member States under the Community rolling action plan (CoRAP) for 2021-2023.
The results of the recent IARC Monographs evaluation of the carcinogenicity of gentian violet, leucogentian violet, malachite green, leucomalachite green, and CI Direct Blue 218 have now been published in The Lancet Oncology. This summary article presents the conclusions of IARC Monographs Meeting 129.
The European Chemicals Agency will send out draft decisions to registrants between 6 and 9 April, requesting for more information so that concerns regarding their substances can be clarified. The draft decisions address seven substances, which Member States evaluated in 2020. Companies will have 30 days to submit their comments. We recommend that one representative sends consolidated comments on behalf of all addressed registrants of a substance.
A corrected list of substances mapped in 2020 is now available in .XLS format on our website. Since August 2019, we have mapped an additional 1 900 REACH registered substances. Registered substances are divided into five pools based on the regulatory actions in place, initiated or considered for them. The mapping will contribute to the annual report on ECHA’s Integrated Regulatory Strategy, which will be published in April. Our aim is to have all registered substances screened and allocated to the pools by 2027.
Safety Share
The province is stepping up enforcement of COVID-19 requirements in Ontario’s workplaces with the training of 100 new occupational health and safety inspectors who will be out doing inspections in a few weeks’ time. Compliance failures often reflect a failure of the Internal Responsibility System. For example, employer responsibilities include having a COVID-19 safety plan in place. The absence of a safety plan may indicate the employer needs to better understand and fulfil its pandemic-related health and safety obligations.
- Develop a COVID-19 safety plan. Follow a safety plan guide and template developed by the Ministry of Labour, Training and Skills Development. WSPS offers sample sector-specific safety plans to help you populate your plan.
- Screen workers and visitors for illness. Implement a daily screening protocol for all incoming workers, contractors, suppliers, and other visitors. Encourage workers and visitors to self-screen before arriving at the workplace – COVID-19 Screening Tool for Businesses and Organizations (Screening Workers).
- Assign an employee to serve as a pandemic advisor responsible for determining what’s required now, facilitating implementation, and tracking progress.
- Communicate changes in legal requirements and workplace controls to employees and reinforce everyone’s responsibilities under the IRS.
- Follow the enforcement activities of provincial and local police, by-law officers and provincial inspectors. Enforcement results may indicate opportunities for improvement in your workplace.
- If you receive an order from an inspector, post a copy in the workplace, give a copy to the joint health and safety committee or health and safety representative, and get to work on fixing the problem.
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