REGULATORY NEWS FOR WEEK OF SEPTEMBER 9, 2020
International Roadcheck is a 72-hour high-volume, high-visibility inspection and enforcement initiative when CVSA-certified inspectors in Canada, Mexico and the U.S. conduct commercial motor vehicle and driver inspections at weigh or inspection stations, at designated fixed locations or as part of roving mobile patrols. Over that three-day time frame, law enforcement personnel will inspect commercial motor vehicles for compliance with federal regulations and utilize the North American Standard Out-of-Service Criteria to identify critical inspection item violations.
Enforcement officials interacted with 29,921 commercial motor vehicle drivers during this year’s Operation Safe Driver Week. Commercial motor drivers received a total of 10,736 traffic enforcement warnings and citations. Broken out, that’s 6,077 warnings and 4,659 citations. The top five traffic enforcement citations given to commercial motor vehicle drivers were:
- Speeding/violation of basic speed law/driving too fast for the conditions – 2,339
- Failure to use seat belt while operating commercial motor vehicle – 1,003
- Failure to obey traffic control device – 617
- Using a hand-held phone/texting – 269
- Improper lane change – 122
On September 4, 2020, the Canadian Food Inspection Agency (CFIA) extended the enforcement flexibility related to certain labelling and packaging requirements for prepackaged meat products and foodservice packaged products to support industry during the COVID-19 pandemic.
Azo disperse dyes were assessed under CEPA, which provides for a broad range of tools to achieve environmental protection objectives. As a result of this assessment, Disperse Yellow 3 (DY3) and 25 other azo disperse dyes with molar weights below 360 g/mol (listed in appendix 1 below) were identified as having potential ecological effects when released to surface water during formulation and use of the textile dyes. Subsequently, it was determined that the most appropriate tool for managing the environmental concerns related to these substances is the Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector (the guidelines).
The ministers assessed information on 13 substances (chemicals and polymers) new to Canada and determined that they meet the criteria for addition to the Domestic Substances List, under subsection 87(1) or 87(5) of CEPA. These 13 substances are therefore being added to the Domestic Substances List and, as a result, are no longer subject to the New Substances Notification Regulations (Chemicals and Polymers).
The objective of the Amendments to the Ozone-depleting Substances and Halocarbon Alternatives Regulations (the Amendments) is to amend the consumption baseline value that is used to determine the HFC quantities that can enter Canada under the HFC phase-down process, which started on January 1, 2019, to reflect corrected consumption data reported by companies importing HFCs in bulk. Amending this baseline is expected to reduce Canadian GHG emissions, in order to help limit increases in global average temperatures. It ensures Canada continues to meet its international obligations under the Kigali Amendment to the Montreal Protocol.
The results of the premarket assessment support the safety of steviol glycosides from S. cerevisiae Y63348 for the same uses as are already permitted for steviol glycosides from these other sources. Consequently, Health Canada has enabled the use of steviol glycosides from S. cerevisiae Y63348 described in the information document below by modifying the List of Permitted Sweeteners, effective September 1, 2020.
The principle of “Nothing without us” is at the core of Accessibility Standards Canada’s mandate. Today, Accessibility Standards Canada is launching its first public consultation. It focuses on priorities for engagement, accessibility standards and research from 2020 to 2022.
The Honourable Marc Garneau, Minister of Transport, on behalf of the Honourable Diane Lebouthillier, Minister of National Revenue, announced that the Canada Revenue Agency (CRA) has increased the amount that employers can use to determine whether an overtime meal or allowance, or the meal portion of a travel allowance is taxable, from $17 to $23. The CRA has also increased the rate at which transport employees and other individuals can claim meal expenses, using the simplified method (a flat rate per person), from $17 to $23 per meal. These increases are effective immediately and retroactive to January 1, 2020.
On September 1, 4422236 Canada Inc. was fined $260,000 after pleading guilty to two counts of violating the PCB Regulations and the Canadian Environmental Protection Act, 1999. The fines will be directed to the Government of Canada’s Environmental Damages Fund and used to support environmental and conservation projects, which are often carried out in the community where the offence occurred.
Young people need opportunities to develop their skills and gain the practical, hands-on experience they need to find good-quality jobs. The Government of Canada wants to make sure that they are protected while they get that experience, because supporting young Canadians is an investment in the future of our country.
Legislative amendments to Part III (Standard Hours, Wages, Vacations and Holidays) of the Canada Labour Code required supporting regulations before coming into force. The provisions respecting interns were subsequently modified in the Budget Implementation Act, 2017, No. 2 (Bill C-63) to limit unpaid internships in the federally regulated private sector to only those that are part of an educational program.
The results of the premarket assessment support the safety of Spirulina extract for use as a colouring agent. Consequently, Health Canada has enabled the uses of Spirulina extract described in the information document below by modifying the List of Permitted Colouring Agents, effective September 4, 2020.
- Notice of Intent: develop and publish new guidance for the Novel Food Regulations for plant breeding
The purpose of this notice is to inform Canadians and interested stakeholders of Health Canada’s intention to develop and publish new regulatory guidance for novel foods. New guidance will provide clarity and predictability regarding the regulatory interpretation and oversight of novel products of plant breeding.
The purpose of this notice is to inform Canadians and interested stakeholders of Health Canada’s intention to publish on its website a list of non-novel determinations for foods and ingredients that are not considered to fall within the definition of “novel food”. The primary objective of this initiative is to improve the transparency of Health Canada’s decisions under the Novel Food Program.
Between September 2020 and February 2021 (TBC) the Labour Program will hold a series of five virtual tripartite committee meetings. The purpose of these meetings will be to co-develop recommendations addressing the right to disconnect. The Labour Program envisions that the tripartite committee would hear from sectoral stakeholders, as well as experts, to inform its work.
OHS officers have authority to enforce legislation in a number of ways, including:
- conducting inspections and investigations
- issuing orders
- writing tickets, and
- recommending administrative penalties
OHS officers do not delegate their authorities. If you have questions about whether a person is an authorized OHS officer, please contact the Alberta OHS Contact Centre at 1-866-415-8690.
The Policy, Regulation and Research Division has prepared a discussion paper on consequential policy amendments to implement the Workers Compensation Amendment Act, 2020 (Bill 23) for stakeholder review and comment.
O.C. 891-2020 Regulation to amend the First-aid Minimum Standards Regulation include adequate supervision and number of first aid kits and their contents. The provision and content of the first-aid kits must comply with CAN/CSA Standard Z1220-17, First aid kits for the workplace.
The WCB is now accepting applications for funding under RWIP. The RWIP funds projects that contribute to the prevention of workplace injuries and illness, and to the safe and productive return to work of injured or ill workers. RWIP projects are funded under two streams:
- Training and Education
- Workplace Innovation
Generally, each project would be up to two years in duration and funded to a maximum of $100,000 each year.
The Ontario government announced that municipalities will not be required to conduct their annual mock emergency exercise this year. Recognizing that municipalities and provincial ministries continue to actively engage their emergency management procedures and programs in response to the COVID-19 pandemic, the Solicitor General has suspended the requirement for exercises in 2020.
The Ontario government is helping protect jobs and businesses by extending protection to prevent temporary layoffs from automatically becoming permanent job losses. Although Ontario is now in Phase 3 of reopening, this extension will give businesses more time to reopen and return to full operations. This extension will last until January 2, 2021.
The Food and Drug Administration (FDA) and the Occupational Safety and Health Administration (OSHA) are providing this checklist for FDA-regulated human and animal food operations to use when assessing operations during the COVID-19 pandemic, especially when restarting operations after a shut down or when reassessing operations because of changes due to the COVID-19 public health emergency caused by the virus SARS-CoV-2.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has released work-related injury and illness data electronically submitted by employers. The agency has posted Form 300A data for calendar years 2016, 2017 and 2018, as well as a data dictionary.
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced that it is proposing and seeking public comments on a new pilot program to allow drivers aged 18, 19, and 20 to operate commercial motor vehicles (CMVs) in interstate commerce.
This notice announces the beginning of a 45-day public comment period on the seven chemicals or chemical groups listed below. These chemicals will be discussed at a public meeting of the Proposition 65 Carcinogen Identification Committee (CIC) scheduled for Tuesday, November 17, 2020. The meeting will be held virtually. The meeting will begin at 10:00 a.m. and will last until all business is conducted or until 5:00 p.m. The agenda for the meeting and instructions on how to participate will be provided in a future public notice. The seven chemicals or chemical groups are:
- Bisphenol A
- Coal dust
- Decabromodiphenyl ether (DecaBDE)
- Methyl bromide
- Perfluorooctane sulfonate (PFOS) and its salts and transformation and degradation precursors, and
Environmental Protection Agency (EPA) is announcing the availability of the final scope documents for the risk evaluations to be conducted for the 20 High-Priority Substances designated in December 2019. The scope document for each chemical substance includes the conditions of use, hazards, exposures, and the potentially exposed or susceptible subpopulations the EPA plans to consider in conducting the risk evaluation for that chemical substance. DATES: The scope documents announced in this notice are dated August 27, 2020.
Federal Motor Carrier Safety Administration (FMCSA) proposes a pilot program to allow temporary regulatory relief from the Agency’s hours-of-service (HOS) requirement that all driving by drivers of property-carrying commercial motor vehicles (CMVs) be completed within 14 hours after coming on duty. DATES: Comments must be received on or before November 2, 2020.
The European Chemicals Agency’s proposal to restrict intentionally-added microplastics is the most comprehensive restriction initiative in the world for reducing emissions from intentional uses of microplastics. Following an extensive consultation in 2019, the Agency has updated its proposal while remaining independent and following a transparent and evidence-based scientific approach.
Two proposals are being considered for Tetraglyme (EC 205-594-7, CASRN 143-24-8) and Dioctyltin dilaurate, stannane, dioctyl-, bis(coco acyloxy) derivs., and any other stannane, dioctyl-, bis(fatty acyloxy) derivs. wherein C12 is the predominant carbon number of the fatty acyloxy moiety.
The European Chemical Agency has launched a consultation for boric acid (EC 233-139-2, CASRN 10043-35-3) and disodium tetraborate pentahydrate (EC 215-540-4, CASRN12179-04-3) as new potential candidates for substitution under the Biocidal Products Regulation. The deadline to comment 27 October 2020.
Australia has published guidance to provide additional information on categorizing polymers. Additional guidance is also available for categorizing chemicals introduced for research and development.
The Canadian Trucking Alliance (CTA), the country’s national trucking group, in conjunction with the provincial trucking associations, launched National Trucking Week many years ago. It begins on the first Sunday in Sept. and runs to the following Saturday. The purpose of the weeklong celebration is to recognize the important contributions made by the 400,000 Canadian men and women who keep the country’s freight moving.
It is normal to feel sad, stressed, or worried when things change and the future is not known. Remember to take care of yourself. Also, if it’s becoming too much, reach out to your primary health care provider or a mental health professional.