REGULATORY NEWS FOR WEEK OF NOVEMBER 20, 2020

• Food ingredient importers may have shipments refused  

The fertilizer framework covers a wide range of products sold for agricultural and specialty markets (the latter includes commercial applications, such as nurseries, greenhouses, golf courses, as well as home and garden products). Regulated products consist of traditional nitrogen, phosphorus and potassium (N, P, and K) fertilizers; micronutrient fertilizers; plant growth regulators; microbial supplements; and waste-derived materials (such as composts, municipal biosolids, paper sludges, digestates, etc.), that are used as recycled sources of plant nutrients and organic matter.

• Getting started with the Canadian Notice and Movement Tracking System 

Prior to shipping hazardous waste and hazardous recyclable material (HWHRM) across international borders, notice must be given to the appropriate authorities so that they can determine whether the movement of HWHRM may proceed as proposed. A permit is issued once all regulatory requirements are met and authorities provide consent.  Notices and permits are required under the Canadian Environmental Protection Act and the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (the Regulations), which Canada adopted as a party to the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, and the OECD Decision on the Control of Transboundary Movement of Wastes Destined for Recovery Operations.

• NEW Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) 

The Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) [the Regulations] will require the implementation of comprehensive leak detection and repair (LDAR) programs at Canadian petroleum refineries, upgraders and certain petrochemical facilities. The operators of these facilities will also be required to ensure that certain equipment components are designed and operated in a manner that prevents leaks, and to monitor the level of certain VOCs at facility fencelines. The Regulations also include requirements for record keeping, reporting and third-party auditing.

• Regulations Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations 

The objective of the Amendments is to increase clarity and remove inconsistencies in the regulatory text. The Amendments serve the following purposes:

1. Modify section 2.1 of the Regulations to clarify that section 2.1 prohibits a release of petroleum products or allied petroleum products to the environment; however, a release within the secondary containment of a storage tank system, or within a transfer area designed in accordance with subsection 15(1) of the Regulations, is not prohibited.
2. Clarify the wording in section 14 to ensure consistency between the English and the French versions and to provide greater clarity, specifically when referring to the most recent version of standards.
3. Remove the references to the years of the standards.
4. Fix a typographical error in clause 14(3)(a)(ii)(B) where an “S” was omitted in the Underwriters’ Laboratories of Canada (ULC) standard number (in the English version only). The standard number is CAN/ULC-S603.1:2017.
5. Change the wording to be consistent with the language in other sections of the Regulations when referring to the time a standard is in effect in the following section and subsection:

• section 18; and
• subsection 22(2).

6. Fix typographical errors in Schedule 1 of the Regulations, by changing the word “thinners” to its singular form “thinner” (in the English         version only) and changing the dashes to periods in two standard numbers.

• Canada moves forward on pay equity to help address wage gaps in federally regulated workplaces  

Everyone deserves an equal opportunity to succeed and to receive equal pay for work of equal value. Canadians have experienced a gender wage gap for far too long. The Government of Canada has been working hard to close that gap. This is a key part of the economic recovery plan as Canada builds back better.

• Grouping of sugars-based ingredients in the list of ingredients 

Health Canada, would like to notify you of a change to the policy regarding the grouping of sugars-based ingredients in the list of ingredients, when sugars-based ingredients contribute less than 0.5 grams of sugars per serving of the final product.

• Draft screening assessment for sucrose acetate Isobutyrate published 

The draft screening assessment for sucrose acetate isobutyrate, also referred to as SAIB (CASRN 126-13-6), has been published. It is proposed to conclude that the substance does not meet any of the criteria set out in section 64 of the Canadian Environmental Protection Act, 1999 (CEPA).

• Final screening assessment for 21 substances  

The 21 substances in this assessment were evaluated for ecological risk and human health risk using four different science approaches (i.e., one ecological and three human health). This screening assessment concludes on those substances that were identified as having a low likelihood of causing harm to human health and the environment based on these streamlined approaches. It is therefore concluded that these 21 substances do not meet any of the criteria set out in section 64 of CEPA.

Three substances (silicon carbide CAS RN 409-21-2, molybdenum oxide CAS RN 1313-27-5, and beryllium CAS RN 7440-41-7) are considered to have a health effect of concern on the basis of their potential for carcinogenicity if exposure were to increase.

• Proposed Federal Halocarbon Regulations, 2020 published for 60-day comment period 

The proposed Federal Halocarbon Regulations, 2020 (the proposed FHR 2020 or the proposed Regulations) aim to address administrative issues associated with the FHR 2003. The proposed FHR 2020 intend to clarify definitions and requirements, and to reduce administrative costs for the regulated community. In addition, the proposed Regulations would remove or update obsolete provisions and enhance regulatory alignment with other jurisdictions.

• Parliamentary Environment Committee to name new chair 

The ENVI committee will meet Wednesday November 18^th to vote for a new chair. The former chair, MR Yasmin Ratansi was relieved of the Chair position when she was removed from the Liberal caucus and now sits as an independent.

• British Columbia provides new resource for reviewing and updating COVID-19 safety plans 

Employers are required to have a COVID-19 Safety Plan that outlines the policies, guidelines, and procedures that are in place to reduce the risk of COVID-19 transmission.

• Ontario extends Accessibility Compliance report deadline to June 30, 2021 

Businesses and non-profits with 20 or more employees and public sector organizations must follow these steps to complete an accessibility compliance report. For businesses and non-profits with 20 or more employees, the deadline to file an accessibility compliance report has been extended to June 30, 2021.

• Québec introduces Bill 59 to modernize occupational health and safety legislation 

The purpose of this bill is to modernize the occupational health and safety regime with regard to prevention of and compensation for employment injuries. The bill also increases the number of fines.

• Prince Edward Island increases minimum wages 

Prince Edward Island’s minimum wage will increase by 15 cents to $13 per hour on April 1, 2021. The Employment Standards Board reviews minimum wage annually and provides their recommendation to the Government after the review is complete.

• EPA seeks small business input on risk management rulemaking for HBCD 

The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SERs) to provide advice and recommendations to a Small Business Advocacy Review (SBAR) Panel for the cyclic aliphatic bromide cluster (HBCD). The panel will focus on the agency’s development of a proposed rule to address unreasonable risks identified in EPA’s recently completed Toxic Substances Control Act (TSCA) risk evaluation for HBCD.

• Significant New Use Rules proposed for 2 substances 

Environmental Protection Agency (EPA) is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs).

• PMN Number: P-18-175 Chemical name: Formaldehyde, polymer with 4-(1,1-dimethylethyl)phenol and phenol, Bu ether.  CAS number: 2215936-67-5.
• PMN Number: P-19-38 Chemical name: Fatty acids, coco, iso-Bu esters. CAS number: 91697-43-7.

• US dismisses sodium glutamate anti-dumping  

The Department of Commerce (Commerce) determines that the sole mandatory respondent, PT. Cheil Jedang Indonesia (CJ Indonesia), did not sell subject merchandise in the United States at prices below normal value during the period of review (POR) November 1, 2017 through October 31, 2018.

• Asian countries sign historic free trade agreement 

(ICIS-Singapore) The Regional Comprehensive Economic Partnership (RCEP) trade agreement signed on 15 November aims to progressively cut tariffs and further market access for goods and services. RCEP is a free trade deal between 10-member ASEAN, China, Japan, South Korea, Australia, New Zealand and will account for around a third of the world’s GDP and population.

• European Chemicals Agency ready to help EU achieve Green Deal 

The European Commission has published its Chemicals Strategy for Sustainability as part of the European Green Deal. ECHA welcomes the strategy and looks forward to supporting its implementation.

• Europe makes improvements to chemicals databases 

The European Chemicals Agency (ECHA) have updated our chemicals database – the dissemination platform – with several improvements to the REACH registered substances portal and Classification and Labelling (C&L) Inventory.

• OECD releases eChemPortal version 3.0 

The Organization for Economic Cooperation and Development (OECD) is pleased to announce the release of eChemPortal version 3.0. This new version includes a modernization of the user interface architecture, a refreshed design, improved navigation and the alignment of eChemPortal to OECD Harmonised Template (OHT) 2018.

Safety Share

• 3-layered masks recommended by Canada’s top doctor 

Well-designed and well-fitting masks or face coverings can prevent the spread of your infectious respiratory droplets. They may also help protect you from the infectious respiratory droplets of others.

How well a mask or face covering works depends on the materials used, how the mask is made, and most importantly, how well it fits.

A mask or face covering can be homemade or purchased, and should:

• be made of at least 3 layers
• 2 layers should be tightly woven material fabric, such as cotton or linen
• the third (middle) layer should be a filter-type fabric, such as non-woven polypropylene fabric
• be large enough to completely and comfortably cover the nose, mouth and chin without gaping
• allow for easy breathing
• fit securely to the head with ties or ear loops
• be comfortable and not require frequent adjustments
• be changed as soon as possible if damp or dirty
• maintain its shape after washing and drying

Filters

Filters add an extra layer of protection against COVID-19 by trapping small infectious particles. Consider wearing a mask that includes a filter or filter material as one of its layers, such as:

• non-woven polypropylene fabric, which can be found as:
• a craft fabric
• the non-woven fabric that’s used to make some reusable shopping bags
• a disposable filter inserted into a pocket on the mask

• New eLearning course available: Preventing falls in trucking 

Transportation workers face a number of slip, trip, and fall hazards depending on the type of work they do. According to statistics from the Workplace Safety and Insurance Board, injuries in IHSA’s transportation industry members are suffered by truck drivers, loading dock workers, and lumber-yard workers.