Vol. 151, No. 23 — June 10, 2017

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to the substances benzenamine, 4,4 ′-methylenebis- and formaldehyde, polymer with benzenamine, also known as 4,4 ′-MDA and pMDA, respectively

Whereas the substances 4,4′-MDA (Chemical Abstracts Service [CAS] Registry No. 101-77-9) and pMDA (CAS Registry No. 25214-70-4) are specified on the Domestic Substances List; (see footnote 1)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of 4,4′-MDA and pMDA under section 68 of the Canadian Environmental Protection Act, 1999 (see footnote 2) and published, on August 16, 2014, the draft screening assessment report in the Canada Gazette, Part I, for a 60-day public comment period;

Whereas the ministers are satisfied that the substances are, in any one calendar year, being manufactured in or imported into Canada by any person in a quantity of more than 100 kg only for a limited number of uses;

And whereas the ministers suspect that the information concerning a significant new activity in relation to these substances may contribute to determining the circumstances in which the substances are toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to any significant new activities relating to these substances, as set out in this Notice.

Public comment period

Any person may, within 60 days of publication of this Notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this Notice and be sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Ottawa, Ontario K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

The final screening assessment document for the substances may be obtained from the Government of Canada’s Chemical Substances website (www.chemicalsubstanceschimiques.gc.ca).

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this Notice may submit with the information a request that it be treated as confidential.

George Enei
Assistant Deputy Minister
Science and Technology Branch

On behalf of the Minister of the Environment

ANNEX

1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:

101-77-9
25214-70-4

2. Part 2 of the Domestic Substances List is proposed to be amended by adding the following in numerical order:

Column 1

Substances

Column 2

Significant new activity for which substance is subject to subsection 81(3) of the Act

101-77-9 S′

25214-70-4 S′

1. In relation to any substance in Column 1, opposite to this section

  • (a) the use of the substance in the manufacture of any of the following products containing the substance at a concentration equal to or greater than 0.1% by weight:
    • (i) a consumer product to which the Canada Consumer Product Safety Act applies, or
    • (ii) a cosmetic, within the meaning of section 2 of the Food and Drugs Act;
 
  • (b) any activity involving any of the following products containing the substance at a concentration equal to or greater than 0.1% by weight if the product involved in the activity, during any one calendar year, contains a total quantity of the substance greater than 10 kg:
    • (i) a consumer product to which the Canada Consumer Product Safety Act applies, or
    • (ii) a cosmetic, within the meaning of section 2 of the Food and Drugs Act; and
  • (c) any other activity where one of the following conditions is met:
    • (i) the activity involves the use of 1 000 000 kg or more of the substance in any one calendar year,
    • (ii) the activity involves the use of 100 000 kg or more of the substance in any one calendar year but less than 1 000 000 kg, and fewer than the three control measures described in item 3 are implemented at the facility where the activity occurs, or
    • (iii) the activity involves the use of 10 000 kg or more of the substance in any calendar year but less than 100 000 kg, and fewer than two control measures described in item 3 are implemented at the facility where the activity occurs.
 

2. Despite item 1, the use of the substance in a quantity less than 100 000 kg in any calendar year as a site-limited intermediate substance, as the expression "site-limited intermediate substance" is defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), is not a significant new activity.

 

3. The following are the control measures referred to in item 1:

  • (a) an on-site removal mechanism or process that removes 90% or more of the substance from the effluents of the facility where the activity is conducted;
  • (b) a fleet of dedicated transportation containers for shipment of the substance such that rinsing between uses is not required; and
 
  • (c) a mechanism or process where water resulting from the cleaning or rinsing of any equipment or surface that comes into contact with the substance, directly or indirectly, is either reused within the industrial process or disposed of through incineration or through an engineered hazardous waste landfill facility. An engineered hazardous waste landfill facility refers to a facility that is part of an overall integrated hazardous waste management system where wastes that do not require additional treatment or processing are sent and where hazardous materials are confined or controlled for the duration of their effective contaminating lifespan.
 

4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the commencement of the proposed significant new activity:

  • (a) a description of the proposed significant new activity in relation to the substance;
  • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
  • (c) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (d) the information specified in paragraphs 2(d) to (f) or the percent composition by weight of the components of the substance including its constituents, such as monomers and other reactants, additives, stabilizers and solvents, and the information specified in paragraphs 8(a), (b), (f) and (g) of Schedule 5 to those Regulations;
  • (e) the information specified in paragraph 11(b) of Schedule 6 to those Regulations;
  • (f) a description of the consumer product or cosmetic that would contain the substance, the intended use of that consumer product or cosmetic, and the function of the substance in that consumer product or cosmetic;
  • (g) a description of how the consumer product or cosmetic is intended to be used or applied;
  • (h) the total quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person undertaking the significant new activity;
  • (i) if known, the three sites in Canada where the greatest quantity of the substance is anticipated to be used or processed and the estimated quantity by site;
  • (j) a description of the manufacturing process that details the reactants used, reaction stoichiometry, batch or continuous nature of the process, and the scale of the process;
  • (k) a flow diagram of the manufacturing, operational, import and export process and its steps, including features such as process tanks, holding tanks and distillation towers;
  • (l) the identification of the stages in the manufacturing, import and export process where discharges of the substance to the environment may occur, the quantities and concentrations released, and the physical form of the substance for each location at which the substance would be released, as well as the anticipated frequency, duration and rate of release, if applicable;
  • (m) a description of the waste management practices implemented at the facility where the significant new activity occurs to prevent or minimize releases of the substance in effluents and emissions, if applicable, including
    • (i) the quantity of substance, in effluents and emissions, expected to be released to the environment, including average and peak concentrations, if applicable,
    • (ii) if the substance is anticipated to be released into municipal waste water systems, the name and address of the municipal treatment facilities, the name of the receiving water(s) and the location(s) of the point of release, as well as the total quantity of substance in kilograms per day anticipated to be released at each location,
    • (iii) if waste containing the substance is anticipated to be released to surface waters, the name of the receiving water(s) and the location(s) of the point of release, as well as the total quantity of substance in kilograms per day anticipated to be released, and
    • (iv) if waste containing the substance is anticipated to be treated on site, a description of the treatment system, the total quantity in kilogram per year of anticipated releases, the percentage of the substance removed, and the name of the receiving water and the location of the point of release;
  • (n) a summary of all other information and test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they ought to have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
  • (o) the identification of every other government agency, either outside or within Canada, that the person proposing the significant new activity has notified of the substance and, if known, the agency’s file number, the outcome of the assessment and the risk management actions in relation to the substance imposed by those agencies;
  • (p) the name, civic and postal addresses and telephone number and, if any, the fax number and email address of the person proposing the significant new activity if they are resident in Canada or, if not, of the person resident in Canada that is authorized to act on their behalf; and
  • (q) a certification that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are resident in Canada or, if not, by the person resident in Canada authorized to act on their behalf.
 

5. The above information will be assessed within 90 days after the day on which it is received by the Minister.

Coming into Force

3. The Order would come into force on the day on which it is registered.

EXPLANATORY NOTE

(This explanatory note is not part of the Notice of Intent.)

Description

This Notice of Intent (NOI) is an opportunity for the public to comment on the proposed amendments to the Domestic Substances List (DSL) to apply the significant new activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (CEPA) (see footnote 3) to the substances benzenamine, 4,4′-methylenebis- (also known as 4,4′-MDA, Chemical Abstracts Service [CAS] Registry No. 101-77-9) and formaldehyde, polymer with benzenamine (also known as pMDA, CAS Registry No. 25214-70-4), pursuant to subsection 87(3) of that Act.

Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment. These comments will be taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to these substances.

A number of other SNAc instruments are to be published in the near future that will also target consumer products. As a result, stakeholder input provided in response to the consumer product language proposed in this NOI may not be reflected in upcoming notices and notices of intent due to publication timelines. However, any input received will be taken into consideration during the development of all related notices and orders that pertain to consumer products.

The DSL amendments are not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.

Information gathering methods other than the use of the SNAc provisions were considered, including adding the substances to the list of substances that are subject to inventory updates under CEPA, reporting to the National Pollutant Release Inventory, and the periodic market surveillance of products through the analysis of Safety Data Sheets (SDS). (see footnote 4) However, these tools would collect information after the substances may have been used in new industrial activities or in consumer products, for example. This could potentially lead to exposure sources of concern.

Applicability of the proposed Order

It is proposed that the Order amending the DSL would require any person (individual or corporation) engaging in a significant new activity in relation to 4,4′-MDA or pMDA to submit a Significant New Activity notification (SNAN) containing all of the information prescribed in the Order at least 90 days prior to the import, manufacture, or use of either substance for the significant new activity.

In order to address human health concerns, the Order would target the use of the substances in consumer products to which the Canada Consumer Product Safety Act (CCPSA) (see footnote 5) applies and in cosmetics, within the meaning of section 2 of the Food and Drugs Act. (see footnote 6) For the manufacture of such products, notification would be required when the concentration of either substance in the product is 0.1% by weight or more.

For any other activity related to consumer products or cosmetics, notification would be required when, during a calendar year, the concentration of either substance in the product is 0.1% by weight or more and the total quantity of the substance in the product is greater than 10 kg. For example, notification would be required if a company plans to import a product (for example paint) to be used by consumers where the concentration of the substance in the product is 0.1% or greater and where there is more than 10 kg of the substance involved in a calendar year. Examples of products of concern would include, but would not be limited to, do-it-yourself products such as paints, coatings, adhesives, sealants, and epoxies. Therefore, the import, manufacture, or use of the substance for such products as defined in the Order would require notification. The substances 4,4′-MDA and pMDA are not known to be currently used in consumer products or in cosmetics in Canada.

In order to address environmental concerns, the Order would also target new or increased uses of the substances in large quantities, particularly in the absence of pollution controls. The pollution control measures that would be applicable are on-site effluent treatment with 90% removal efficiency; a fleet of dedicated transportation containers for shipment of the substance; or reuse or appropriate disposal of rinsate through a licensed hazardous waste treatment facility.

Uses involving more than 1 000 000 kg of either substance would always be subject to the Order, whereas uses involving quantities of 100 000 kg or more but less than 1 000 000 kg would be subject to the Order only if fewer than the three above-mentioned pollution control measures are implemented. Similarly, uses involving quantities of 10 000 kg or more but less than 100 000 kg of either substance would be subject to the Order only if fewer than two of the pollution control measures mentioned in the Order are implemented.

Uses of the substances as research and development or export-only substances would be subject to the Order due to the nature of the ecological concerns associated with these substances. The use of either substance in a quantity of more than 100 000 kg as a site-limited intermediate substance consumed at the facility would be subject to the Order, as would the use of the substance as a site-limited intermediate in quantities less than 100 000 kg if the substance is not fully consumed during the process. The terms “research and development substance,” “consumed” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). (see footnote 7) An export-only substance is a substance that is manufactured or imported in Canada and destined solely for foreign markets.

Activities not subject to the proposed Order

The manufacture of consumer products or cosmetics that contain either substance would not be subject to the Order if the concentration of the substance in the product is less than 0.1% by weight. Any other activity involving a consumer product or a cosmetic would not be subject to the Order if the product contains a total quantity of the substance of less than 10 kg in a calendar year. For activities involving more than 10 kg of the substance in a calendar year, the Order would not apply if the concentration of the substance in the consumer product or cosmetic involved in the activity is less than 0.1% by weight.

Any other activity where less than 10 000 kg per calendar year of either substance is used would be excluded from the Order. Uses involving either substance in quantities of 10 000 kg or more but less than 100 000 kg in a calendar year would also be excluded if at least two of the pollution control measures mentioned in the Order are implemented, as would be uses of either substance in quantities of 100 000 kg or more but less than 1 000 000 kg when all three of the pollution control measures mentioned in the Order are implemented.

In addition, the use of either substance in quantities less than 100 000 kg as a site-limited intermediate substance fully consumed at the facility, where the terms “site-limited intermediate substance” and “consumed” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), would be excluded from the Order. Examples of such uses would include the use of either substance as an intermediate in manufacturing processes, for example in the closed-system production of methylenediphenyl diisocyanate (MDI) isomers, as an intermediate or curing agent in the production of high performance polymers and polyurethane elastomers, foams, coatings, adhesives and resins, or as an intermediate in the production of azo dyes.

The proposed Order would not apply to consumer products to which the Canada Consumer Product Safety Act (CCPSA) does not apply (see Annex A for the CCPSA definition of “consumer product” and exemptions), with the exception of cosmetics within the meaning of section 2 of the Food and Drugs Act. It would also not apply to uses of the substances that are regulated under the acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The Order would also not apply to transient reaction intermediates, impurities, contaminants, partially unreacted intermediates or, in some circumstances, to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information. (see footnote 8)

Information to be submitted

The NOI sets out the proposed requirements for information that would need to be provided to the Minister 90 days before the day on which the substances are imported, manufactured or used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct human health and environmental assessments within 90 days after the complete information is received.

The information requirements in the NOI relate to general information in respect of the substances, details surrounding their use, and to exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Compliance

When assessing whether or not a substance is subject to the SNAc provisions, (see footnote 9) a person is expected to make use of information in their possession or to which they ought to have access. The phrase “to which they ought to have access” means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information and the relevant Safety Data Sheets (SDS).

Although an SDS is an important source of information on the composition of a purchased product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to an order due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If any information becomes available that reasonably supports the conclusion that the substances 4,4′-MDA or pMDA are toxic or capable of becoming toxic, the person who is in possession, or has knowledge, of the information and is involved in activities with the substances is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN. The Substances Management Advisory Note “Clarification in relation to the submission of Significant New Activity notifications in application of the Canadian Environmental Protection Act, 1999” provides more detail on this subject. (see footnote 10)

Any person who transfers the physical possession or control of a substance subject to an order should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Order, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.

A pre-notification consultation (PNC) is recommended for notifiers who wish to consult during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.

Where a person has questions concerning their obligations to comply with a notice or order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances by contacting the Substances Management Information Line. (see footnote 11)

CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. (see footnote 12) In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, potential harm, intent, and history of compliance.

ANNEX A

Consumer Product Definition in the Canada Consumer Product Safety Act (CCPSA) (see footnote 13)

In section 2 of the CCPSA, “consumer product” means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging. Section 4 of the CCPSA describes the application of the Act as follows:

Consumer products

4. (1) This Act applies to consumer products with the exception of those listed in Schedule 1.

Tobacco products

(2) This Act applies to tobacco products as defined in section 2 of the Tobacco Act but only in respect of their ignition propensity.

Natural health products

(3) For greater certainty, this Act does not apply to natural health products as defined in subsection 1(1) of the Natural Health Products Regulations made under the Food and Drugs Act.

Schedule 1 of the Canada Consumer Product Safety Act (subsection 4(1) and paragraph 37(1)(c))

  1. Explosives within the meaning of section 2 of the Explosives Act.
  2. Cosmetics within the meaning of section 2 of the Food and Drugs Act.
  3. Devices within the meaning of section 2 of the Food and Drugs Act.
  4. Drugs within the meaning of section 2 of the Food and Drugs Act.
  5. Food within the meaning of section 2 of the Food and Drugs Act.
  6. Pest control products within the meaning of subsection 2(1) of the Pest Control Products Act.
  7. Vehicles within the meaning of section 2 of the Motor Vehicle Safety Act and a part of a vehicle that is integral to it — as it is assembled or altered before its sale to the first retail purchaser — including a part of a vehicle that replaces or alters such a part.
  8. Feeds within the meaning of section 2 of the Feeds Act.
  9. Fertilizers within the meaning of section 2 of the Fertilizers Act.
  10. Vessels within the meaning of section 2 of the Canada Shipping Act, 2001.
  11. Firearms within the meaning of section 2 of the Criminal Code.
  12. Ammunition within the meaning of subsection 84(1) of the Criminal Code.
  13. Cartridge magazines within the meaning of subsection 84(1) of the Criminal Code.
  14. Cross-bows within the meaning of subsection 84(1) of the Criminal Code.
  15. Prohibited devices within the meaning of paragraphs (a) to (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.
  16. Plants within the meaning of section 3 of the Plant Protection Act, except for Jequirity beans (abrus precatorius).
  17. Seeds within the meaning of section 2 of the Seeds Act, except for Jequirity beans (abrus precatorius).
  18. Controlled substances within the meaning of subsection 2(1) of the Controlled Drugs and Substances Act.
  19. Aeronautical products within the meaning of subsection 3(1) of the Aeronautics Act.
  20. Animals within the meaning of subsection 2(1) of the Health of Animals Act.

[23-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of 88 substances specified on the Domestic Substances List (paragraphs 68(b) and 68(c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas 69 of the 88 substances annexed hereby are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on 19 substances pursuant to paragraphs 68(b) and (c) and on 69 substances pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that these substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action at this time under section 77 of the Act for the substances identified under section 73(1) of the Act.

Notice is further given that options are being considered for follow-up activities to track changes in exposure to 60 substances, as specified in the annexes below.

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX I

Summary of the draft screening assessment

Based on available information, 171 substances were identified where potential for direct exposure to humans was not clearly anticipated, and were therefore considered to be candidates for a rapid screening approach. These 171 substances met categorization criteria under subsection 73(1) of the Canadian Environmental Protection Act, 1999 (CEPA) or were considered a priority based on other human health or ecological concerns.

For this draft rapid screening analysis, the approach for the human health component has been updated from past rapid screening approaches to incorporate elements of Health Canada’s Threshold of Toxicological Concern (TTC)-based Approach for Certain Substances. Rather than a volume cut-off based on the commercial status of the substances, the approach used to determine exposure for the general population of Canada was twofold. The initial screening was conducted based on potential for direct exposure as outlined in previous rapid screening publications. If no direct exposure was identified, rather than using a volume cut-off based on quantities of the substance in commerce, as in most previous rapid screening approaches, the potential for indirect human exposure from environmental media (e.g. air, water, or soil) was determined using an approach based on Health Canada’s TTC-based Approach for Certain Substances.

Based on this approach, both direct and indirect exposure to the general population of Canada is expected to be negligible for 99 of the 171 substances. Direct and/or indirect exposure potential was identified for the remaining 72 substances, and as a result, these substances will undergo further assessment to evaluate risk to human health.

The ecological risks for 89 of the 99 substances in this rapid screening assessment that were determined to have negligible exposure to the general population were characterized using the ecological risk classification (ERC) of organic substances. The ERC is a risk-based approach that employs multiple metrics for both hazard and exposure based on weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are established based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances based on their hazard and exposure profiles. Three of the 99 substances have previously been determined not to be of ecological concern through rapid screening evaluations. The ecological risks of 7 of the 99 substances remain to be evaluated. As a result of these approaches, 88 of the 99 substances were identified as being of moderate or low ecological concern.

When the results of the human health exposure analysis and of the ERC are considered together, 88 of the 99 substances for which human exposure is considered to be negligible were identified as not being of concern to human health or to the environment. The remaining 11 substances, although considered to be of low concern to human health, require further assessment due to potential ecological concerns. The results supporting low risk to human health for these 11 substances may form the basis, in conjunction with other relevant information that becomes available after publication of this document, for conclusions made under section 68 or 74 of CEPA at a later time.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to organisms and the broader integrity of the environment for the 88 substances listed in Annex II. It is proposed to conclude that these 88 substances do not meet the criteria under paragraph 64(a) or (b) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

Based on the information presented in this draft screening assessment, it is proposed to conclude that these 88 substances do not meet the criteria under paragraph 64(c) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed conclusion

It is proposed to conclude that the 88 substances listed in Annex II do not meet any of the criteria under section 64 of CEPA.

Consideration for follow-up

While exposure of the general population or of the environment to any of the 88 substances listed in Annex II is not of concern at current levels, 60 of these substances are associated with human health and/or ecological effects of concern, as identified in Annex II. Therefore, there may be a concern for human health and/or for the environment if exposure to any of these 60 substances were to increase. Follow-up activities to track changes in exposure or commercial use patterns for these substances are under consideration.

Stakeholders are encouraged to provide, during the 60-day public comment period on the draft screening assessment, any information pertaining to these substances that may help inform the choice of follow-up activity. This could include information on new or planned import, manufacture or use of the substance, if the information has not previously been submitted to the ministers.

The draft screening assessment for these substances is available on the Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html).

ANNEX II

Substances identified as not meeting the criteria under section 64 of the Canadian Environmental Protection Act, 1999

CAS RN (see footnote 14)

Chemical name

Effects of concern

74-88-4

Methane, iodo-

Human Health, Ecological

78-21-7

Morpholinium, 4-ethyl-4-hexadecyl-, ethyl sulfate

Ecological

90-93-7

Methanone, bis[4-(diethylamino)phenyl]-

Ecological

91-66-7 (see footnote a1)

Benzenamine, N,N-diethyl-

 

95-54-5

1,2-Benzenediamine

Human Health, Ecological

98-88-4

Benzoyl chloride

Human Health, Ecological

100-00-5 (see footnote a2)

Benzene, 1-chloro-4-nitro-

Human Health, Ecological

101-90-6 (see footnote a3)

Oxirane, 2,2′-[1,3-
phenylenebis(oxymethylene)]bis-

Human Health, Ecological

112-90-3

9-Octadecen-1-amine, (Z)-

Ecological

118-96-7

Benzene, 2-methyl-1,3,5-trinitro-

Human Health, Ecological

121-14-2 (see footnote a4)

Benzene, 1-methyl-2,4-dinitro-

Human Health, Ecological

126-99-8 (see footnote a5)

1,3-Butadiene, 2-chloro-

Human Health

134-09-8

Cyclohexanol, 5-methyl-2-(1-methylethyl)-, 2-aminobenzoate

Ecological

271-89-6 (see footnote a6)

Benzofuran

Human Health

556-52-5 (see footnote a7)

Oxiranemethanol

Human Health

630-20-6 (see footnote a8)

Ethane, 1,1,1,2-tetrachloro-

Human Health

632-99-5 (see footnote a9)

Benzenamine, 4-[(4-aminophenyl)(4-imino-2,5-cyclohexadien-1-ylidene)methyl]-2-methyl-, monohydrochloride

Human Health, Ecological

647-42-7

1-Octanol, 3,3,4,4,5,5,6,6,7,7,8,8,8-
tridecafluoro-

 

1533-45-5

Benzoxazole, 2,2′-(1,2-ethenediyldi-4,1-phenylene)bis-

Ecological

2387-03-3

1-Naphthalenecarboxaldehyde, 2-hydroxy-, [(2-hydroxy-1-naphthalenyl)methylene]hydrazone

Ecological

2422-91-5

Benzene, 1,1′,1′′-methylidynetris[4-isocyanato-

Ecological

2475-45-8 (see footnote a10)

9,10-Anthracenedione, 1,4,5,8-tetraamino-

Human Health, Ecological

2478-20-8

1H-Benz[de]isoquinoline-1,3(2H)-dione, 6-amino-2-
(2,4-dimethylphenyl)-

Ecological

3426-43-5

Benzenesulfonic acid, 2,2′-(1,2-ethenediyl)bis[5-[[4-methoxy-6-(phenylamino)-1,3,5-triazin-2-yl]amino]-, disodium salt

Ecological

4035-89-6

Imidodicarbonic diamide, N,N′,2-tris(6-isocyanatohexyl)-

Ecological

4051-63-2

[1,1′-Bianthracene]-9,9′,10,10′-tetrone, 4,4′-diamino-

Ecological

4151-51-3

Phenol, 4-isocyanato-, phosphorothioate (3:1) (ester)

Ecological

4378-61-4

Dibenzo[def,mno]chrysene-6,12-dione, 4,10-dibromo-

 

5521-31-3 (see footnote a11)

Anthra[2,1,9-def:6,5,10-
d′e′f′]diisoquinoline-1,3,8,10(2H,9H)-tetrone, 2,9-dimethyl-

Ecological

5718-26-3

1H-Indole-5-carboxylic acid, 2-[(1,5-dihydro-3-methyl-5-oxo-1-phenyl-4H-pyrazol-4-
ylidene)ethylidene]-2,3-dihydro-1,3,3-trimethyl-, methyl ester

Ecological

7576-65-0

1H-Indene-1,3(2H)-dione, 2-(3-hydroxy-2-quinolinyl)-

 

7789-36-8

Bromic acid, magnesium salt, hexahydrate

 

8021-39-4

Creosote, wood

Ecological

12068-03-0

Benzenesulfonic acid, methyl-, sodium salt

 

13676-91-0

9,10-Anthracenedione, 1,8-bis(phenylthio)-

Ecological

13680-35-8

Benzenamine, 4,4′-methylenebis[2,6-diethyl-

 

16294-75-0

14H-Anthra[2,1,9-
mna]thioxanthen-14-one

 

18917-89-0 (see footnote a12)

Magnesium, bis(2-hydroxybenzoato-O1,O2)-, (T-4)-

 

19286-75-0

9,10-Anthracenedione, 1-hydroxy-4-(phenylamino)-

Ecological

21564-17-0

Thiocyanic acid, (2-benzothiazolylthio)methyl ester

Ecological

24448-20-2

2-Propenoic acid, 2-methyl-, (1-methylethylidene)bis(4,1-phenyleneoxy-2,1-ethanediyl) ester

 

25428-43-7

3-Cyclohexene-1-methanol, α,4-dimethyl-α-(4-methyl-3-pentenyl)-, (R,R)-(±)-

 

25638-17-9 (see footnote a13)

Naphthalenesulfonic acid, butyl-, sodium salt

Ecological

26446-73-1

Phosphoric acid, bis(methylphenyl) phenyl ester

Ecological

28768-32-3

Oxiranemethanamine, N,N′-(methylenedi-4,1-phenylene)bis[N-(oxiranylmethyl)-

Ecological

31135-57-6

1H-Benzimidazolesulfonic acid, 2-heptadecyl-1[(sulfophenyl)methyl]-, disodium salt

Ecological

33204-76-1

Cyclotetrasiloxane, 2,2,4,6,6,8-hexamethyl-4,8-diphenyl-, cis-

 

43048-08-4

2-Propenoic acid, 2-methyl-, (octahydro-4,7-methano-1H-indene-5,?-diyl)bis(methylene) ester

 

53980-88-4

2-Cyclohexene-1-octanoic acid, 5(or 6)-carboxy-4-hexyl-

Ecological

61789-85-3 (see footnote a14)

Sulfonic acids, petroleum

Ecological

62973-79-9

Xanthylium, 9-(2-carboxyphenyl)-3,6-bis(diethylamino)-, molybdatesilicate

Ecological

63022-09-3

Xanthylium, 9-(2-carboxyphenyl)-3,6-bis(diethylamino)-, molybdatephosphate

Ecological

66072-38-6

Oxirane, 2,2′,2′′-[methylidynetris(phenyleneoxymethylene)]tris-

Ecological

66241-11-0 (see footnote a15)

C.I. Leuco Sulphur Black 1

Ecological

68310-07-6

Xanthylium, 3,6-bis(ethylamino)-9-[2-(methoxycarbonyl)phenyl]-2,7-dimethyl-, molybdatephosphate

 

68409-66-5

Ethanaminium, N-[4-[[4-
(diethylamino)phenyl][4-(ethylamino)-1-naphthalenyl]methylene]-2,5-cyclohexadien-1-ylidene]-N-ethyl-, molybdatephosphate

Ecological

68442-82-0 (see footnote a16)

Calcium, carbonate dimethylhexanoate complexes

 

68478-81-9 (see footnote a17)

9-Octadecenoic acid (Z)-, reaction products with 3-(dodecenyl)dihydro-2,5-furandione and triethylenetetramine

 

68527-01-5

Alkenes, C12-30 α-, bromo chloro

Ecological

68527-02-6 (see footnote a18)

Alkenes, C12-24, chloro

Ecological

68604-99-9

Fatty acids, C18-unsatd., phosphates

Ecological

68647-55-2

Fatty acids, tall-oil, esters with triethanolamine

 

68814-02-8

Ethanaminium, N-[4-[bis[4(diethylamino)phenyl]methylene]-
2,5-cyclohexadien-1-ylidene]-N-ethyl-, molybdatephosphate

Ecological

68890-99-3

Benzene, mono-C10-16-alkyl derivs.

 

68909-77-3

Ethanol, 2,2′-oxybis-, reaction products with ammonia, morpholine derivs. Residues

 

68952-35-2 (see footnote a19)

Tar acids, cresylic, Ph phosphates

 

68953-80-0 (see footnote a20)

Benzene, mixed with toluene, dealkylation product

Human Health, Ecological

68987-42-8

Benzene, ethylenated, residues

 

70833-37-3

Nickel, bis(3-amino-4,5,6,7-tetrachloro-1H-isoindol-1-one oximato-N2o1)-

 

71011-25-1

Quaternary ammonium compounds, benzyl(hydrogenated tallow alkyl)dimethyl, chlorides, compds. with bentonite and bis(hydrogenated tallow alkyl)dimethylammonium chlorides

Ecological

71820-35-4

Fatty acids, tall-oil, low-boiling, reaction products with 1-piperazineethanamine

 

75627-12-2

Xanthylium, 3,6-bis(ethylamino)-9-[2-(methoxycarbonyl)phenyl]-2,7-dimethyl-, molybdatesilicate

Ecological

80083-40-5

Xanthylium, 9-[2-(ethoxycarbonyl)phenyl]-
3,6-bis(ethylamino)-2,7-dimethyl-, molybdatetungstatesilicate

Ecological

80939-62-4

Amines, C11-14-branched alkyl, monohexyl and dihexyl phosphates

Ecological

90367-27-4

Ethanol, 2,2′-[[3-[(2-hydroxyethyl)amino]propyl]imino]bis-, N-tallow alkyl derivs.

Ecological

90459-62-4

Octadecanoic acid, reaction products with diethylenetriamine, di-Me sulfate-quaternized

Ecological

91081-53-7

Rosin, reaction products with formaldehyde

Ecological

102082-92-8

Xanthylium, 3,6-bis(diethylamino)-9-[2-(methoxycarbonyl)phenyl]-, molybdatesilicate

Ecological

106276-80-6

Benzoic acid, 2,3,4,5-tetrachloro-6-cyano-, methyl ester, reaction products with p-phenylenediamine and sodium methoxide

Ecological

111174-61-9

Alcohols, C8-16, reaction products with phosphorus oxide (P2O5), compds. with 2-ethyl-1-hexanamine

Ecological

115340-80-2

1-Propanaminium, 3-amino-N-ethyl-N,N-dimethyl-, N-wheat-oil acyl derivs., Et sulfates

Ecological

129828-23-5

Fatty acids, tall-oil, reaction products with Bu
phenylmethyl phthalate, 2-(dimethylamino)ethanol, morpholine and overbased calcium petroleum sulfonates

 

CDSL#
10685-2

Substituted dimercaptodithiazole

Ecological

CDSL#
10703-2

Substituted alkylphenol, calcium salt

Ecological

CDSL#
11053-1

Fatty acids compounded with ethylenediamine

 

CDSL#
11555-8

Fatty acids, reaction products with maleic anhydride and triethanolamine

 

CDSL#
11556-0

Fatty acids, reaction products with maleic anhydride

 

CDSL#
11557-1

Fatty acids, reaction products with maleic anhydride and oleylamine

 

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after assessment of five methylenediphenyl diisocyanate and two methylenediphenyl diamine substances specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas three of the seven methylenediphenyl diisocyanate (MDI) and methylenediphenyl diamine (MDA) substances identified in the annex below are substances on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the final assessment conducted on benzene, 1,1′-methylenebis[4-isocyanato-; benzene, 1,1′-methylenebis[isocyanato- and isocyanic acid, polymethylenepolyphenylene ester pursuant to section 74 of the Act and on the remaining four MDI and MDA substances pursuant to paragraphs 68(b) and (c) of the Act is annexed hereby;

Whereas it is concluded that the five MDI substances meet one or more of the criteria set out in section 64 of the Act;

And whereas it is concluded that the two MDA substances (benzenamine, 4,4′-methylenebis- and formaldehyde, polymer with benzenamine) do not meet any of the criteria set out in section 64 of the Act,

Notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies with respect to the two MDA substances.

Notice is further given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to His Excellency the Governor in Council that the five MDI substances be added to Schedule 1 to the Act.

Notice is furthermore given that the ministers are releasing a proposed risk management approach document for the five MDI substances on the Government of Canada’s Chemical Substances website (www.chemicalsubstances.gc.ca) to continue discussions with stakeholders on the manner in which the ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substances.

Public comment period on the proposed risk management approach document

Any person may, within 60 days after publication of the proposed risk management approach document, file with the Minister of the Environment written comments on the proposed risk management approach document. More information regarding the proposed risk management approach may be obtained from the Government of Canada’s Chemical Substances website (www. chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Catherine McKenna
Minister of the Environment

Jane Philpott
Minister of Health

ANNEX

Summary of the screening assessment of MDIs and MDAs

Pursuant to sections 68 and 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of seven substances referred to collectively as the Methylenediphenyl Diisocyanate and Diamine (MDI/MDA) Substance Grouping. The MDI/MDA Substance Grouping consists of five MDI substances, which include three monomeric MDI substances (benzene, 1,1′-methylenebis[4-isocyanato-; benzene, 1,1′-methylenebis[2-isocyanato-; and benzene, 1-isocyanato-2-[(4-isocyanatophenyl)methyl]-), one polymeric MDI substance (isocyanic acid, polymethylenepolyphenylene ester) and one mixed MDI substance (benzene, 1,1′-methylenebis[isocyanato-). The MDI/MDA Substance Grouping also includes two MDA substances: one monomeric MDA substance (benzenamine, 4,4′-methylenebis-) and one polymeric MDA substance (formaldehyde, polymer with benzenamine). Their Chemical Abstracts Service Registry Numbers (CAS RNs), Domestic Substances List (DSL) names and acronyms are listed in Table 1 below.

Table 1: CAS RNs and DSL names for substances in the MDI/MDA Substance Grouping

CAS RN (see footnote b)

DSL Name

Acronym

101-68-8

Benzene, 1,1′-methylenebis[4-isocyanato-

4,4′-MDI

2536-05-2 (see footnote c1)

Benzene, 1,1′-methylenebis[2-isocyanato-

2,2′-MDI

5873-54-1 (see footnote c2)

Benzene, 1-isocyanato-2-[(4-isocyanatophenyl)methyl]-

2,4′-MDI

26447-40-5

Benzene, 1,1′-methylenebis[isocyanato-

mixed MDI

9016-87-9

Isocyanic acid, polymethylenepolyphenylene ester

pMDI

101-77-9 (see footnote c3)

Benzenamine, 4,4′-methylenebis-

4,4′-MDA

25214-70-4 (see footnote d)

Formaldehyde, polymer with benzenamine

pMDA

The five MDI substances and 4,4′-MDA in the MDI/MDA Substance Grouping were identified as priorities for action, as they either met categorization criteria under section 73 of CEPA and/or were considered priorities for assessment because of human health concerns. Polymeric MDA (pMDA) did not meet any categorization criteria but was added to the MDI/MDA Substance Grouping, given its similarity to 4,4′-MDA (i.e. its composition largely consisting of 4,4′-MDA).

The MDI and MDA substances are characterized by a similar core structure, but differ in their functional groups, with the presence of isocyanate functional groups for MDI substances and amino functional groups for MDA substances. MDI substances are very reactive because of the presence of the isocyanate groups.

According to information submitted under section 71 of CEPA, between 10 and 100 million kg each of 4,4′-MDI and pMDI and between 1 and 10 million kg of mixed MDI were imported and used in Canada in 2011. 4,4′-MDA was imported into Canada in quantities of between 1 000 and 10 000 kg, and pMDA was imported in a range of 100 to 1 000 kg. The major use of 4,4′-MDI, pMDI and mixed MDIs is in the production of polyurethane products, such as adhesives, coatings, insulation foams, flexible packaging laminate and foam slabs used in furniture. MDI substances are also used as adhesives in the production of engineered wood products, such as oriented strand board. The major use of 4,4′-MDA and pMDA is as an intermediate in the production of MDIs.

MDI substances have a potential for release to the environment, primarily to air during industrial use, such as during the production of engineered wood and polyurethane products. Releases of MDI substances to air were reported under the National Pollutant Release Inventory (NPRI) for the years 2008–2013. Oriented strand board facilities are considered to have higher releases than other types of facilities using MDI substances in terms of quantity of substance used and associated proportional release. Quantities of MDI substances released to air may further contribute to deposition to soil and/or surface waters in the surrounding area.

Because of the very reactive nature of the isocyanate groups of MDI substances, when released to the environment, they rapidly hydrolyze in water and in soil, where a degree of moisture is typically prevalent. Hydrolysis reaction of MDI generates inert polyureas and small amounts of MDA as main reaction products. In air, MDI substances will readily react with hydroxyl radicals, and/or will condense or be deposited on soil and water surfaces.

Environmental concentrations of 4,4′-MDA and pMDA in Canada were not identified. 4,4′-MDA is on the list of reportable substances under the NPRI, but no releases were reported. 4,4′-MDA may be released to the environment from industrial uses, such as polyurethane manufacturing; however, given the low quantities in commerce of this substance in Canada, such releases are expected to be negligible.

Because of its physical and chemical properties, 4,4′-MDA degrades rapidly in air. The substance does not hydrolyze in water, and biodegradation tests using activated sludge suggest that intermediate biodegradation rates would occur under environmental conditions. In soil, 4,4′-MDA covalently binds to humic substances, thereby reducing its bioavailability and bioaccessibility. Faster rates of biodegradation in soil were observed in the presence of degradable organic substances mixed in with the soil substrate. Limited data are available on the degradation potential of MDA in sediments, and it is expected that most 4,4′-MDA in a sediment–water environment will bind to sediments and be unavailable for biodegradation. Degradation of pMDA is expected to be similar to degradation of 4,4′-MDA.

Both the MDI and MDA substances are known to have low bioaccumulation potential. They are characterized by low bioconcentration factors in fish. It is expected that very limited amounts of MDI substances would be available for uptake by organisms from environmental media. 4,4′-MDA tends to be readily metabolized and eliminated from the body by mammals and is unlikely to biomagnify in terrestrial food webs.

Results from acute aquatic toxicity studies suggest that neither 4,4′-MDI nor pMDI is appreciably toxic to aquatic species. MDI substances also have low toxicity to the tested soil invertebrate species and plants. Effects of MDI substances on small mammals as a result of inhalation were observed to be moderate. Overall, the level of MDI that organisms in the environment will be exposed to will be below levels expected to cause harm.

4,4′-MDA was observed to be moderately to highly toxic to various aquatic organisms in acute and/or chronic tests, including algae, microorganisms, invertebrates and fish. 4,4′-MDA exhibits low to moderate toxicity to soil organisms and plants and is moderately toxic to sediment-dwelling organisms and birds.

The potential for exposure of aquatic organisms to 4,4′-MDA is likely to result from releases of MDIs to air, their deposition to soil or surface waters, and their subsequent conversion to 4,4′-MDA. The high volumes of MDI substances imported into Canada, along with information on their uses, indicate that MDI substances will be found mainly in air and near point sources of emission. It was determined that harm to aquatic and soil organisms from current exposures to 4,4′-MDA arising from the deposition of MDIs in surface waters and soil is unlikely in Canada. It was also determined that harm to terrestrial mammals from inhalation exposure to MDI substances is unlikely.

Considering all available lines of evidence presented in this screening assessment, there is a low risk of harm to organisms and the broader integrity of the environment from the substances in the MDI/MDA Substance Grouping. It is concluded that the five MDI substances, 4,4′-MDA and pMDA do not meet the criteria under paragraph 64(a) or (b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

Considering the collective information and classifications by other international regulatory agencies, critical effects for characterization of the risk to human health from exposure to MDI substances are carcinogenicity, respiratory effects including sensitization, and dermal sensitization. Incidences of lung tumours were observed in rats exposed to high concentrations of MDIs in two-year inhalation studies. The collective evidence from genotoxicity studies suggests that MDI substances are not likely to be mutagenic. Available information from studies with laboratory animals, human case studies and epidemiological data were used to establish critical effect levels for risk characterization.

The margins of exposure between upper-bounding estimated environmental concentrations from emissions of MDIs in the vicinity of industrial sites and the critical effect levels for respiratory effects are considered to be adequate to address uncertainties in the health effects and exposure databases. The margins between estimates of exposure resulting from the use of certain do-it-yourself (DIY) products, specifically low-pressure two-component spray polyurethane foam (SPF) products, and the critical effect levels for respiratory effects are considered to be inadequate to address uncertainties in the health effects and exposure databases.

Considering primarily assessments by international agencies and the available information, a critical effect of 4,4′-MDA for characterization of risk to human health is carcinogenicity. No health effects data were identified for pMDA. In consideration of the fact that 4,4′-MDA is the main component of pMDA, the health effects assessment of 4,4′-MDA was used to represent that of pMDA. Exposure of the general population to 4,4′-MDA and pMDA from environmental media is not expected given that these substances are not manufactured in Canada and that their uses are confined to a very limited number of industrial operations. Furthermore, exposure to 4,4′-MDA and pMDA from the use of consumer products is not expected. As exposure of the general population to 4,4′-MDA and pMDA is not expected, the risk to human health is expected to be low.

On the basis of the information presented in this screening assessment, it is concluded that MDIs meet the criteria under paragraph 64(c) of CEPA, as they are entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. It is also concluded that 4,4′-MDA and pMDA do not meet the criteria under paragraph 64(c) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Overall conclusion

It is concluded that the five MDI substances (CAS RNs 101-68-8, 2536-05-2, 5873-54-1, 9016-87-9 and 26447-40-5) in the MDI/MDA Substance Grouping meet one or more of the criteria set out in section 64 of CEPA. However, they have been determined not to meet the persistence or bioaccumulation criteria set out in the Persistence and Bioaccumulation Regulations of CEPA. It is also concluded that 4,4′-MDA (CAS RN 101-77-9) and pMDA (CAS RN 25214-70-4) do not meet any of the criteria set out in section 64 of CEPA.

Because 4,4′-MDA and pMDA are listed on the Domestic Substances List (DSL), their import and manufacture in Canada are not subject to notification under the New Substances Notification Regulations (Chemicals and Polymers) under subsection 81(1) of CEPA. Given the hazardous properties of these substances, there is concern that new activities that have not been identified or assessed could lead to these substances meeting the criteria set out in section 64 of the Act. Therefore, the Government of Canada intends to amend the DSL, under subsection 87(3) of the Act, to indicate that the Significant New Activity (SNAc) provisions under subsection 81(3) of the Act apply with respect to these substances.

A significant new activity can include an activity that is not currently occurring or an existing activity involving a different quantity or concentration that could affect the exposure pattern of the substance. The SNAc provisions trigger an obligation for a person (individual or corporation) to provide, and for the Government to assess, specific information about a substance when a person proposes to use the substance in a significant new activity. The ministers will assess the information provided by the notifier and other information available to them to determine whether the substance, if used in the proposed new activity, could pose a risk to the environment or human health, and if so, whether risk management is required.

The final screening assessment for these substances and the proposed risk management approach document for the five MDI substances are available on the Government of Canada’s Chemical Substances website (www.chemicalsubstances.gc.ca).

[23-1-o]

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of claims for exemption

Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of the filing of the claims for exemption listed below.

In accordance with subsection 12(2) of the Hazardous Materials Information Review Act, affected parties, as defined, may make written representations to the screening officer with respect to the claim for exemption and the safety data sheet (SDS) or label to which it relates. Written representations must cite the appropriate registry number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the screening officer at the following address: Workplace Hazardous Materials Bureau, 269 Laurier Avenue West, 8th Floor, Ottawa, Ontario K1A 0K9.

Julie Calendino
Chief Screening Officer

On February 11, 2015, the Hazardous Products Act (HPA) was amended and the Controlled Products Regulations (CPR) and the Ingredient Disclosure List were repealed and replaced with the new Hazardous Products Regulations (HPR). The revised legislation (HPA/HPR) is referred to as WHMIS 2015 and the former legislation (HPA/CPR) is referred to as WHMIS 1988. Transitional provisions allow compliance with either WHMIS 1988 or WHMIS 2015 for a specified period of time.

The claims listed below seek an exemption from the disclosure of supplier confidential business information in respect of a hazardous product; such disclosure would otherwise be required under the provisions of the relevant legislation.

Claimant

Product Identifier

Subject of the Claim for Exemption

Registry Number

Nalco Canada ULC

CLAR13031W

C.i. and C. of one ingredient and C. of eight ingredients

11188

Imperial Oil Limited

Mobil DTE 10 Excel 15

C. of five ingredients

11189

Imperial Oil Limited

Hyjet IV-A Plus

C. of five ingredients

11190

Imperial Oil Limited

Mobil Jet Oil 254

C. of one ingredient

11191

Nalco Canada ULC

NALCO® 61732

C.i. and C. of one ingredient and C. of two ingredients

11192

Dow Chemical Canada ULC

UCARSOL(R) Solvent Component DHM

C.i. and C. of one ingredient

11193

Imperial Oil Limited

Wire Rope Dressing

C. of seven ingredients

11194

Imperial Oil Limited

VOLVO WET BRAKE OIL VOLVO 97304 WB102

C. of two ingredients

11195

Imperial Oil Limited

Mobil SHC 525

C. of five ingredients

11196

Imperial Oil Limited

Mobil SHC 526

C. of five ingredients

11197

Imperial Oil Limited

Mobil SHC PM 320

C. of four ingredients

11198

Imperial Oil Limited

Mobilmet 762

C. of five ingredients

11199

Multi-Chem Production Chemicals Co.

MC S-2008

C.i. of one ingredient

11200

Multi-Chem Production Chemicals Co.

MC C-6895

C.i. of five ingredients

11201

Multi-Chem Production Chemicals Co.

MC MX 2-1231

C.i. of two ingredients

11202

Multi-Chem Production Chemicals Co.

MC MX 631-6

C.i. of eight ingredients

11203

Multi-Chem Production Chemicals Co.

MC MX 637-6

C.i. of eight ingredients

11204

Multi-Chem Production Chemicals Co.

MC MX 6-2913

C.i. of four ingredients

11205

Multi-Chem Production Chemicals Co.

MC MX 6-2747

C.i. of two ingredients

11206

Multi-Chem Production Chemicals Co.

LD-7310

C.i. of three ingredients

11207

Multi-Chem Production Chemicals Co.

LD-2250

C.i. of one ingredient

11208

Multi-Chem Production Chemicals Co.

MC MX 6-1086

C.i. of three ingredients

11209

Multi-Chem Production Chemicals Co.

MC MX 6-1674

C.i. of five ingredients

11210

Multi-Chem Production Chemicals Co.

MC MX 6-3218

C.i. of six ingredients

11211

Multi-Chem Production Chemicals Co.

MC MX 6-3838

C.i. of seven ingredients

11212

Imperial Oil Limited

Mobil SHC PM 220

C. of three ingredients

11213

Baker Hughes Canada Company

SCW4481 SCALE
INHIBITOR

C.i. and C. of one ingredient and C. of two ingredients

11214

Hexion Inc.

EPIKURE ™ Curing Agent 3164

C.i. and C. of three ingredients

11215

CFR Chemicals Inc.

StaSweet 6000

C.i. of one ingredient

11216

Georgia-Pacific
Chemicals LLC

GP BKS-2600 Coating
Resin

C.i. and C. of one ingredient

11217

Atotech Canada Ltd.

Compound 370

C.i. and C. of one ingredient

11218

Nalco Canada ULC

SCAL16359A

C.i. and C. of one ingredient and C. of two ingredients

11219

Baker Hughes Canada Company

BPR 81476 CORROSION INHIBITOR

C.i. and C. of three ingredients and C. of two ingredients

11220

Nalco Canada ULC

FNE4303

C.i. and C. of one ingredient and C. of one ingredient

11221

ArrMaz Products, L.P.

DUSTROL® 3098-LS

C.i. and C. of one ingredient

11222

ArrMaz Products, L.P.

DUSTROL® 3010-R

C.i. and C. of one ingredient

11223

ArrMaz Products, L.P.

AD-here® LOF 69-00

C.i. and C. of two ingredients

11224

ArrMaz Products, L.P.

CustoFloat™ 7080

C.i. and C. of one ingredient

11225

Innospec Fuel
Specialties LLC

STATSAFE 3000

C.i. and C. of one ingredient

11226

BASF Canada Inc.

Plurafac® CS-10

C.i. and C. of one ingredient

11227

Covestro LLC

Desmodur LD

C. of three ingredients

11228

ArrMaz Products, L.P.

CustoFloat™ 5919

C.i. and C. of three ingredients and C. of one ingredient

11229

Nalco Canada ULC

EC3476A

C.i. and C. of one ingredient and C. of two ingredients

11230

Gougeon Brothers Inc.

PRO-SET® ADV-273-NC Hardener

C.i. and C. of three ingredients and C. of ten ingredients

11231

Gougeon Brothers Inc.

PRO-SET® ADV-273-QC Hardener

C.i. and C. of three ingredients and C. of ten ingredients

11232

Gougeon Brothers Inc.

PRO-SET® ADV-276-NC Hardener

C.i. and C. of three ingredients and C. of twelve ingredients

11233

Gougeon Brothers Inc.

PRO-SET® ADV-276-QC Hardener

C.i. and C. of three ingredients and C. of twelve ingredients

11234

Nalco Canada ULC

PP06-3948

C.i. and C. of one ingredient

11235

Ecolab Co.

KX-7033

C.i. and C. of one ingredient

11236

Akzo Nobel Surface Chemistry LLC

Redicote E-4868 NPF

C.i. and C. of two ingredients

11237

Imperial Oil Limited

Mobil Jet Oil 387

C. of one ingredient

11238

Imperial Oil Limited

Mobil Jet Oil II

C. of three ingredients

11239

Imperial Oil Limited

Mobilgard 1 SHC

C. of four ingredients

11240

Houghton International

Houghto-Safe 419

C. of four ingredients

11241

Houghton International

Houghto-Safe 416

C. of four ingredients

11242

Houghton International

Houghto-Safe 520

C. of five ingredients

11243

Houghton International

Houghto-Safe 620

C. of five ingredients

11244

Guardian Chemicals Inc.

Crossover

C.i. and C. of three ingredients

11245

Imperial Oil Limited

Mobilarma 778

C.i. and C. of one ingredient and C. of six ingredients

11246

Imperial Oil Limited

Mobilmet 763

C. of five ingredients

11247

Imperial Oil Limited

VOLVO CONSTRUCTION EQUIPMENT SUPER WET BRAKE TRANSAXLE OIL

C.i. and C. of one ingredient and C. of three ingredients

11248

Lamberti Canada,
Incorporated

SR 237

C.i. and C. of one ingredient and C. of one ingredient

11249

Georgia-Pacific
Chemicals LLC

AMRES MOC 3029 Wet Strength Resin

C.i. and C. of one ingredient

11250

Georgia-Pacific
Chemicals LLC

AMRES MOC 3066 Wet Strength Resin

C.i. and C. of one ingredient

11251

Georgia-Pacific
Chemicals LLC

AMRES 741D31 Wet Strength Resin

C.i. and C. of one ingredient

11252

Georgia-Pacific
Chemicals LLC

GP 3035 Coagulant

C.i. and C. of one ingredient

11253

Note: C.i. = chemical identity and C. = concentration

[23-1-o]

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Revocation of designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the Peel Regional Police Service as a fingerprint examiner:

Shane Scott Turnidge

Ottawa, May 26, 2017

Kathy Thompson
Assistant Deputy Minister
Community Safety and Countering Crime Branch

[23-1-o]

IMMIGRATION, REFUGEES AND CITIZENSHIP CANADA

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions with respect to the processing on a priority basis of applications for work permits and the related applications for temporary resident visas and electronic travel authorizations

Canadian workers are among the most highly educated and highly skilled workers in the world. The goods they produce and the services they provide are respected the world over. That said, Canada needs to be able to access the skills and expertise of talented workers from around the world to enable Canadian firms to succeed in the global marketplace. Once here, these talented workers can drive innovation and help Canadian firms to grow and prosper — leading to more jobs for Canada’s middle class and a stronger economy for all.

As part of the Global Skills Strategy, the Government of Canada has committed to process on a priority basis applications for work permits meeting the conditions established by these Instructions as well as, as the case may be, the related applications for temporary resident visas and electronic travel authorizations.

Therefore, pursuant to section 87.3 and subsections 92(1.1) and (2) of the Immigration and Refugee Protection Act, I give these Instructions as, in my opinion, these Instructions will best support the attainment of the immigration goals established by the Government of Canada by supporting the development of a strong and prosperous Canadian economy.

Interpretation

1. For the purpose of these Instructions family member has the same meaning as in subsection 1(3) of the Immigration and Refugee Protection Regulations (Regulations).

Scope

2. (1) Subject to subsection (2), these Instructions apply

(2) These Instructions do not apply to applications referred to in paragraph (1)(a) if these applications are made by the following applicants:

(3) These Instructions apply to applications referred to in these Instructions that are received by the Department of Citizenship and Immigration (Department) on or after the day on which these Instructions take effect.

Conditions

3. (1) In order to be processed on a priority basis, any application referred to in these Instructions must meet the following conditions:

(2) If an applicant is unable to make an application referred to in these Instructions by means of the electronic system because of a physical or mental disability, it may be made by another means made available by the Department for that purpose that would enable the applicant to make the application, including a paper application form.

Disposition of applications

4. Any application that does not meet the conditions established by these Instructions is processed under the regular processing guidelines of the Department.

Coming into effect

5. These Instructions take effect on June 12, 2017.

Ottawa, May 29, 2017

Ahmed D. Hussen
Minister of Citizenship and Immigration

[23-1-o]

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website (http://www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng).

Position

Organization

Closing date

Directors

Canada
Infrastructure Bank

June 30, 2017

President and CEO

Canada
Infrastructure Bank

June 30, 2017

Chairperson

Canadian Centre on Substance Abuse

July 6, 2017

Directors

Canadian
Commercial Corporation

June 22, 2017

President

Canadian Institutes
of Health Research

June 30, 2017

Chairperson

Canadian International Trade Tribunal

June 30, 2017

Directors

Export
Development
Canada

June 22, 2017

Commissioners

First Nations Tax Commission

June 12, 2017

Chairperson

National Farm Products Council

July 6, 2017

Member

National Farm Products Council

July 20, 2017

Chairperson

National Seniors Council

June 19, 2017

Member

National Seniors Council

June 19, 2017

Information Commissioner

Office of the
Information Commissioner

July 14, 2017

Members

Social Security Tribunal

June 30, 2017

Ongoing opportunities

Opportunities posted on an ongoing basis.

Position

Organization

Closing date

Members

Veterans Review
and Appeal Board

July 31, 2017

Upcoming opportunities

New opportunities that will be posted in the coming weeks.

Position

Organization

President (Chief Executive Officer)

Atomic Energy of Canada Limited

Commissioner

British Columbia Treaty Commission

Director

Canada Post Corporation

Chairperson

Canadian Broadcasting Corporation

Director

Canadian Broadcasting Corporation

President

Canadian Broadcasting Corporation

Chairperson

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Directors

First Nations Financial Management Board

Sergeant-at-Arms

House of Commons

President

International Development Research Centre

Commissioner

International Joint Commission

Chief Executive Officer

Invest in Canada Agency

Chief Electoral Officer

Office of the Chief Electoral Officer

[23-1-o]