REGULATORY NEWS FOR WEEK OF NOVEMBER 11, 2020

• Canada remembers on November 11, 2020 

The Government of Canada would like to remind you that the deadline for responding to the Notice with respect to perfluorohexane sulfonic acid, its salts and its precursors (PFHxS), published on October 10, 2020 in the Canada Gazette, Part I, is November 20, 2020.

• Transport Canada issues revised Order to improve dangerous goods rail safety in the winter 

Continued vigilance is absolutely necessary to ensure the safe transportation of dangerous goods by rail in colder weather, and to protect both railway workers and those living near Canada’s rail corridors.

• Revamped CanExport program goes virtual to help SMEs compete abroad 

Canadian businesses are proving their resilience during this time of uncertainty. Funding programs, such as CanExport SMEs, are needed more than ever to help small and medium‑sized enterprises (SMEs) adapt to shifts in the global marketplace and innovate for growth abroad.

• CFIA updates compliance enforcement policy 

There is no significant shift in policy direction between the 2015 Compliance and Enforcement Operational Policy and the new Compliance and Enforcement Policy. Rather, the policy has been revised to include changes such as the coming into force of the Safe Food for Canadians Regulations (SFCR) and changes to Administrative Monetary Penalties (AMPs). Updates were also required to reflect the evolving nature of CFIA’s operating environment such as online services for regulated parties through My CFIA.

• Consultation on guidelines for simulated meat and poultry products 

The Canadian Food Inspection Agency is consulting with Canadians on proposed updates to the guidelines for industry on simulated meat and simulated poultry products as well as new guidelines for certain plant-based protein foods. The guidelines outline the rules for labelling, advertising, composition and fortification for such products.

• Global Food Safety Initiative (GFSI)  benchmarks revamped for 2020 

Version 2020 introduces many significant changes to the GFSI Benchmarking Requirements, and the change in version nomenclature reflects that step change in the content, announcing a new generation of recognition.

• Canada expands extension of investigation into wheat gluten dumping 

The Canada Border Services Agency (CBSA) has today extended the preliminary phase of the the investigation into the alleged injurious dumping of wheat gluten from Australia, Austria, Belgium, France, Germany and Lithuania. Consequently, the decision to issue a preliminary determination of dumping or to terminate the investigation with respect to some or all of the goods will be made on or before December 23, 2020.

• Canada launches 5^th national action plan on open government 

This is your chance to help shape the future of open government in Canada! Our goal is to hear what Canadians coast to coast to coast want to see in our next plan. Tell us your ideas, experiences, insights and stories on what open government means to you; what could be improved and what direction you think open government needs to go. Closes December 18, 2020.

• Alberta announces changes to employment standards 

Changes have been made to the following provisions of the Employment Standards Code, effective November 1, 2020.

• Alberta published OHS 3-year review 

The Occupational Health and Safety Code three-year review plan for 2020-2023 is now available. The plan provides OHS with an opportunity to improve health and safety outcomes while enabling innovation, competitiveness and streamlining of requirements. Publishing the plan gives stakeholders an opportunity to understand.

• British Columbia proposes improvements to the Certificate of Recognition program 

WorkSafeBC, in consultation with stakeholders, has been creating practices and procedures to support Assessment Manual policy item AP5-247-4, which provides the framework for the Certificate of Recognition (COR) program. We now plan to begin a trial of the proof of concept in January 2021 with a select group of auditors and employers.

• Ensuring non-unionized workers have access to the workplace representation they need 

Ontario is providing more than $600,000 to the Office of the Worker Adviser (OWA) and Office of the Employer Adviser (OEA) to help make it easier for workers and small businesses to navigate the Workplace Safety and Insurance Board’s (WSIB) compensation system. Through these two adviser offices non-unionized workers and small businesses will be able to access advice, education, and representation at the WSIB and the Workplace Safety and Insurance Appeals Tribunal (WSIAT). These services are offered at no cost.

• Ontario releases proposed blue box regulation for comment 

The Government of Ontario has posted its proposed Blue Box Regulation under the Resource Recovery and Circular Economy Act, 2016 for public consultation. When finalized, the regulation will support the transition of Ontario’s Blue Box Program to a new framework for waste diversion and resource recovery that makes producers individually accountable and financially responsible for their products and packaging when consumers are finished using them. The government is seeking feedback on the proposed regulation until December 3, 2020.

• Ontario supervisor fined after two incidents of worker injury 

A worker was struck and injured by material that fell off a trailer during the loading process (2018); another worker suffered a permanent injury while processing material in a machine (2019). Supervisor was fined $2,000.

• Ontario announces changes to employment standards effective January 3, 2021 

In response to the COVID-19 pandemic, the Ontario government made a regulation that changed certain Employment Standards Act (ESA) rules during the “COVID-19 period”. This regulation has been amended, extending the COVID-19 period to January 2, 2021:

• employees will no longer be deemed to be on infectious disease emergency leave.

• the ESA’s regular rules around constructive dismissal resume. This means a significant reduction or elimination of an employee’s hours of work or wages may constitute a constructive dismissal, even if it was done for reasons related to COVID-19).
• the ESA’s regular rules around temporary layoff resume. For practical purposes, an employee’s temporary layoff clock re-sets on January 3, 2021.

• OSHA publishes COVID-19 guidance on ventilation in the workplace 

The Occupational Safety and Health Administration (OSHA) is committed to protecting the health and safety of America’s workers and workplaces during these unprecedented times. The agency will be issuing a series of alerts designed to keep workers safe.

• Final risk evaluation for carbon tetrachloride published 

The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of Carbon Tetrachloride (CCl4). EPA has determined that specific conditions of use of CCl4 present an unreasonable risk of injury to health or the environment.

• Europe mandatory naming of nanoforms for REACH registrations 

Companies must provide a name for the nanoforms or sets of nanoforms of their substance when registering nanomaterials under the REACH Regulation. This will make it easier to refer to registered nanoforms in regulatory decisions and safety data sheets.

• European Chemicals Agency updates the chemicals database 

We have updated our chemicals database – the dissemination platform – with several improvements to the REACH registered substances portal, Classification and Labelling (C&L) Inventory and integration of persistent organic pollutant (POP) key datasets.

• IARC sets meeting date for Monographs Volume 130 meetings 

The International Agency for Research on Cancer (IARC) is pleased to announce IARC Monographs Meeting 130: 1,1,1-Trichloroethane, Hydrazobenzene, N-Methylolacrylamide, Diphenylamine, and Isophorone, which will be held on 5–12 October 2021.

An intention has been received for 1,4-dioxane (EC 204-661-8 CAS 123-91-1) and orthoboric acid, sodium salt (EC 237-560-2, CAS 13840-56-7).

Safety Share

• Engaging everyone to create a workplace safety culture 

(Ontario Workplace Safety and Prevention Services) When the pandemic began, many workplaces that were not open to the public applied a simple solution to the issue of visitors: no visitors allowed. But as the pandemic persists, this strategy may no longer be sustainable. For instance, an equipment breakdown or process change may require on-site technical support.