Canada Gazette, Part I, Volume 151, Number 47: GOVERNMENT NOTICES
November 25, 2017
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
Whereas the substance ethanol, 2-(2-methoxyethoxy)- (Chemical Abstracts Service [CAS] Registry No. 111-77-3), hereinafter referred to as DEGME, is specified on the Domestic Substances List; (see footnote 1)
Whereas in 2012 the Minister of the Environment published an Order in the Canada Gazette, Part II, pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999, (see footnote 2) amending the Domestic Substances List to indicate that subsection 81(3) of that Act applies to the substance; (see footnote 3)
Whereas the Minister of the Environment and the Minister of Health (the ministers) are satisfied that the substance is only being manufactured or imported into Canada by any person for a limited number of uses;
And whereas the ministers suspect that the information concerning a significant new activity in relation to the substance may contribute to determining the circumstances in which the substance is 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 vary the significant new activities in relation to the substance, 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, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.
The final screening assessment document for the substance may be obtained from the Canada.ca (Chemical Substances) website at www.canada.ca/en/health-canada/services/chemical-substances.html.
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
John Moffet
Acting Associate Assistant Deputy Minister
Environmental Protection Branch
On behalf of the Minister of the Environment
ANNEX
Column 1 Substance |
Column 2 Significant new activity for which substance is subject to subsection 81(3) of the Act |
|---|---|
| 111-77-3 S′ |
|
Coming into Force
2. 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 amendment to the Domestic Substances List (DSL) to vary requirements under the significant new activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (CEPA) for the substance ethanol, 2-(2-methoxyethoxy)- (also known as DEGME, Chemical Abstracts Service [CAS] Registry No. 111-77-3), pursuant to subsection 87(3) of that Act.
In January 2015, the Department of the Environment and the Department of Health published a document outlining an initiative to review all orders and notices that were adopted between 2001 and 2014 to apply the SNAc provisions. (see footnote 4) The purpose of the review is to ensure that SNAc orders and notices are consistent with current information, policies and approaches. (see footnote 5) Resulting changes to SNAc orders and notices are expected to provide greater clarity of scope and improved ease of compliance by industry, while protecting Canadians and their environment.
This NOI reflects the results of the review of SNAc requirements for DEGME, a substance that is part of the Consumer Product SNAc Review Group. (see footnote 6) The SNAc Order for DEGME was published in the Canada Gazette, Part II, on October 10, 2012. (see footnote 7)
In addition, in November 2016, Health Canada published the Code of Practice for a Recommended Concentration of 2-(2-Methoxyethoxy) Ethanol (DEGME) in Surface Coating Materials Available to Consumers in Canada (herein referred to as the “Code of Practice”), which recommends that the total concentration of DEGME in a surface coating material available to a consumer in Canada should not be more than 10 000 mg/kg (also expressed as 1.0% by weight [w/w%]). (see footnote 8) The purpose of this Code of Practice is to help meet the risk management objective to further protect human health by reducing the concentration of DEGME in products available to consumers that are surface coating materials, such as paints. The SNAc requirements are proposed to be amended to align them with the Code of Practice, which would further support the risk management objective. Furthermore, although products such as stains are not surface coating materials, their use by the general population results in similar health risks. Therefore, in the proposed Order, the concentration of DEGME in a consumer product that would be considered a significant new activity would be lowered with respect to surface coating materials and stains.
Within 60 days of publication of the notice of intent, 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 vary the SNAc requirements for DEGME.
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 NOIs due to publication timelines. However, any input received will be taken into consideration during the development of all related orders and notices that pertain to consumer products.
The DSL amendment is 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. Any current SNAc requirements remain in effect until such time as a new Order is published.
Applicability of the proposed Order
At this time, 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 DEGME to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 180 days prior to the import, manufacture or use of the substance for the significant new activity. In order to address human health concerns, the Order would target the use of the substance in consumer products to which the Canada Consumer Product Safety Act (CCPSA) (see footnote 9) applies. For the manufacture of such products, notification would be required when the concentration of the substance in the product is greater than 1% (w/w).
For any other activity related to consumer products, notification would be required when, during a calendar year, the concentration of the substance in the product is greater than 1% (w/w) and the total quantity of the substance used is greater than 10 kg. For example, notification would be required if a company plans to import a product to be used by consumers where the concentration of the substance in the product is greater than 1% (w/w) 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, stains, and sealants. Therefore, the import, manufacture, or use of the substance for such products as defined in the Order would require notification. DEGME is known to be currently used in products available to consumers in Canada at concentrations below 1%.
Activities not subject to the proposed Order
Activities involving DEGME in ink and as an additive in aviation fuel, diesel fuel, and biodiesel are proposed to remain exempt from notification in the Order, as human exposure from these sources is estimated to be low.
For activities related to consumer products other than their manufacture, while the concentration threshold will capture activities of concern, the 10 kg quantity threshold will help ensure that users of small quantities are not subject to notification requirements. Users of consumer products are unlikely to exceed the 10 kg quantity threshold; however, this threshold would make all other activities subject to notification and thus would be protective of human health.
Activities involving the use of DEGME as a research and development substance, a site-limited intermediate or an export-only substance would be excluded from the Order. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). (see footnote 10) An export-only substance is a substance that is manufactured or imported in Canada and destined solely for foreign markets.
The proposed Order would not apply to products to which the CCPSA does not apply (see section 2 of the CCPSA for the definition of “consumer product” as well as section 4 and Schedule 1 of the CCPSA for exempt products, e.g. cosmetics). The Order would also not apply to uses of the substance 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, but not limited to, wastes, mixtures, or manufactured items. However, it should be noted that individual components of a mixture may be notifiable under the Order. See subsection 81(6) and section 3 of CEPA as well as section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information on the activities and conditions described above. (see footnote 11)
Information to be submitted
The NOI sets out the proposed requirements for information that would need to be provided to the Minister 180 days before the day on which the substance is 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 and other information to conduct human health and environmental assessments within 180 days after the complete information is received.
The information requirements in the proposed Order relate to general information in respect of the substance, details surrounding its use, and 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 12) 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 sheet (SDS). (see footnote 13)
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 a substance is toxic or capable of becoming toxic, the person who is in possession or who has knowledge of the information and is involved in certain activities with the substance 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 the activities were covered by the 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 14)
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 of 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 an order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances with the program by contacting the Substances Management Information Line. (see footnote 15)
CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. (see footnote 16) In instances of non-compliance, consideration is given to the following factors when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with CEPA and its regulations, and consistency in enforcement.
[47-1-o]
DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of five short-chain alkane substances specified on the Domestic Substances List (paragraphs 68(b) and (c) and subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas four of the five substances identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the final screening assessment conducted on these substances pursuant to paragraphs 68(b) and (c) of the Act for butane (branched and linear) and pursuant to section 74 of the Act for propane, ethane, butane and isobutane is annexed hereby;
And whereas it is concluded that the 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 propose to take no further action on the substances at this time.
Catherine McKenna
Minister of the Environment
Ginette Petitpas Taylor
Minister of Health
ANNEX
Summary of the final screening assessment of five short-chain alkane substances
Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted an assessment of five substances as described below. Substances in this assessment were identified as priorities for assessment as they met the categorization criteria under subsection 73(1) of CEPA or were considered a priority based on other human health concerns. The Chemical Abstracts Service Registry Number (CAS RN (see footnote 17)), the Domestic Substances List (DSL) name and the common name of the substances are presented in the table below.
| CAS RN(see footnote 18) | DSL name | Common name |
|---|---|---|
| 74-84-0 | Ethane | Ethane |
| 74-98-6 | Propane | Propane |
| 75-28-5 | Propane, 2-methyl | Isobutane |
| 106-97-8 | Butane | Butane |
| 68513-65-5 (see note a), (see note b) | Butane, branched and linear | Butane (branched and linear) |
- Note a
This compound is a UVCB (unknown or variable composition, complex reaction products, or biological materials). - Note b
This substance was not identified under subsection 73(1) of CEPA, but was included in this assessment as it was considered a priority based on other human health concerns.
Ethane, propane, isobutane, butane and butane (branched and linear) are generally found as components of, or derived from, more complex petroleum substances, such as petroleum and refinery gases. Petroleum and refinery gases, including liquefied petroleum gases, were assessed previously by the Government of Canada. While these assessments addressed substances that may contain ethane, propane and/or butanes as components, the current assessment covers ethane, propane, isobutane, butane and butane (branched and linear) as individual substances, not as components of other complex substances. Similarly, while isobutane and butane that contain 1,3-butadiene have been previously assessed, those assessments only addressed the hazards associated with 1,3-butadiene. Therefore, the current assessment addresses isobutane and butane specifically in the absence of 1,3-butadiene.
The substances in this assessment are used primarily as domestic and industrial fuels and as refinery and chemical feedstocks. Propane, isobutane and butane can also be used as aerosol propellants in spray products such as air fresheners, cleaning products, spray paints and lubricants. Due to their use pattern and high vapour pressures, these five substances can be released into ambient air during handling or use.
Environmental exposure to these substances is predominantly by terrestrial organisms via inhalation. Measured environmental concentrations in air of these substances are three orders of magnitude below concentrations that showed no adverse effects in laboratory studies.
Considering all 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 ethane, propane, isobutane, butane, and butane (branched and linear). It is concluded that ethane, propane, isobutane, butane, and butane (branched and linear) do not meet the criteria under paragraphs 64(a) and (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.
With respect to human health, these substances have not been identified as posing a high hazard to human health based on classifications by other national or international agencies for carcinogenicity, genotoxicity, developmental toxicity or reproductive toxicity.
Exposure of the general population to these substances may occur from both indoor and outdoor air, and particularly in the vicinity of industrial and petroleum facilities. Levels of exposure are several orders of magnitude below that demonstrated no adverse effects in laboratory studies. Similarly, the limited exposures associated with the use of household or personal care products that contain propane, butane or isobutane as propellants are not considered to be harmful to human health.
Based on the information presented in this screening assessment, it is concluded that ethane, propane, isobutane, butane, and butane (branched and linear) do not meet the criteria in 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.
Conclusion
It is concluded that ethane, propane, isobutane, butane and butane (branched and linear) do not meet any of the criteria set out in section 64 of CEPA.
The final screening assessment for these substances is available on the Canada.ca (Chemical Substances) website.
[47-1-o]
DEPARTMENT OF HEALTH
Notice of intent to develop regulations under the proposed Cannabis Act
The Government of Canada has indicated that it intends to bring the proposed Cannabis Act (the proposed Act) into force no later than July 2018, subject to the approval of Parliament and to royal assent. To support the implementation of the proposed Act, the Minister of Health intends to develop new regulations under the proposed Act for consideration and approval by the Governor in Council. It is anticipated that the Governor in Council would designate the Minister of Health as the Minister for the purposes of the proposed Act.
The proposed regulations would create a new public health and public safety protection framework in relation to activities with cannabis, including requirements that persons authorized to conduct those activities must meet. They would also set out requirements such as those related to the quality and safety of cannabis products intended for sale to the public, packaging and labelling, and security clearances. They would maintain access to cannabis for medical purposes, and align existing scientific and evidence-based rules for health products containing cannabis under the Food and Drugs Act. It is also proposed that an order be made by the Minister to enable the creation and maintenance of a national cannabis tracking system.
A consultation paper providing details on key elements of the proposed regulatory approach can be obtained by visiting the Health Canada website at https://www.canada.ca/en/health-canada/programs/consultation-proposed-approach-regulation-cannabis.html. The feedback of all interested and affected parties on this regulatory proposal will be actively sought and will be taken into consideration as the regulations are developed and finalized.
Background
In the 2015 Speech from the Throne, the Government of Canada committed to introducing legislation to legalize, strictly regulate, and restrict access to cannabis. The Minister of Justice and Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness, and the Minister of Health were mandated by the Prime Minister to implement this commitment.
In June 2016, the three ministers established the Task Force on Cannabis Legalization and Regulation (“the Task Force”) to consult broadly with Canadians and to provide advice on the design of a new legislative and regulatory framework. The Task Force engaged in extensive cross-country consultations with provincial, territorial and municipal governments, experts, patients, advocates, Indigenous organizations, youth, employers and industry. The Task Force also heard from many other Canadians, including many young people, who participated in an online public consultation that generated nearly 30 000 responses from individuals and organizations. The Task Force made 85 recommendations for the establishment of a comprehensive framework for the legalization and regulation of cannabis across five themes: minimizing the harms of use; establishing a safe and responsible supply chain; enforcing public safety and protection; medical access; and implementation.
Building on the recommendations of the Task Force, the Government of Canada introduced Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts in the House of Commons on April 13, 2017. The proposed Act would create a comprehensive national framework to provide restricted access to regulated cannabis, and to control its production, distribution, sale, import, export and possession. The proposed Act provides the Governor in Council and, in certain instances, the Minister of Health with the authority to make a range of regulations, orders and other instruments necessary for the achievement of the Act's foundational objectives as outlined in the purpose clause (clause 7) of the proposed Act. Given the Government's commitment to legalize, strictly regulate, and restrict access to cannabis by no later than July 2018, subject to the approval of Parliament, Health Canada has begun to develop a regulatory framework that will govern a range of cannabis-related activities, including, for example, its cultivation, packaging, and labelling.
Proposed regulatory framework
The proposed regulatory framework is founded on a number of key principles. Health Canada intends to develop regulations that are
- Consistent with the purpose of the proposed Cannabis Act;
- Informed by the best available information, including Canadian and international experience regulating cannabis and other substances;
- Based on an assessment of risks that regulated parties and activities pose to achieving the Government's objectives; and
- Supportive of all of the Government's objectives for the legalization and regulation of cannabis, in a manner that minimizes regulatory burden and facilitates compliance.
Among other things, the proposed regulatory framework aims to protect the health and safety of young persons and others by restricting promotions or enticements that could appeal to them, to provide Canadians with access to quality-controlled legal cannabis, and to reduce illegal cannabis-related activities. The proposed regulatory framework would reflect the complex dynamics of an evolving cannabis market by
- Enabling a robust and responsible legal cannabis industry that is capable of outcompeting the entrenched illegal industry;
- Establishing an appropriate regulatory framework for industrial hemp;
- Maintaining continued access to cannabis for medical purposes; and
- Facilitating research and development.
To achieve these objectives, the proposed approach would, among other things
- Create distinct categories of licences for key activities in the cannabis supply chain:
- Cultivation: standard cultivation, micro-cultivation, nursery cultivation, and cultivation of industrial hemp;
- Processing: standard processing and microprocessing; and
- Sale to the public (federal level): sale of cannabis for medical purposes and direct sale of cannabis for non-medical purposes in provinces or territories without a distribution and sale framework.
- Allow for the authorization of the following additional activities:
- Analytical testing;
- Import/export (for medical or scientific purposes, or in respect of industrial hemp); and
- Research.
- Establish rules and requirements for authorized activities (e.g. physical security, personnel security, good production practices) designed to achieve the purposes of the proposed Act based on an objective assessment of risk.
- Identify the criteria to be taken into account by the Minister for the granting, suspension and cancellation of security clearances that would have to be maintained by key personnel in federally authorized organizations.
- Outline the information and reporting requirements needed to be provided by authorized persons for the purposes of establishing and maintaining a national cannabis tracking system.
- Establish requirements and standards for product forms, units, ingredients, and composition of cannabis products.
- Establish general labelling requirements for all cannabis products.
- Create requirements for the characteristics of cannabis product packaging. These would include, but would not be limited to, a standardized cannabis symbol, and limitations on the physical attributes of packages such as the use of colours, graphics, and other special characteristics.
- Maintain a distinct system to provide patients with access to cannabis for medical purposes.
- Allow for health products containing cannabis that fall under the Food and Drugs Act to be developed and sold subject to scientific and evidence-based rules and requirements.
Next steps
Health Canada is actively seeking the input of all interested and affected parties to inform the development of the proposed regulatory framework. To this end, targeted consultations with provincial, territorial and municipal authorities, Indigenous peoples, the cannabis industry (existing and prospective licensees), public health organizations, law enforcement, patients, and advocates will take place over the coming weeks.
All interested parties are invited to review the above-noted consultation paper and submit their feedback to Health Canada by January 20, 2018.
During the consultation period, an online questionnaire will be available to collect input on specific elements of the proposed regulatory framework. In addition, written submissions (Microsoft Word or Adobe PDF) may be sent electronically to cannabis@canada.ca, or in hard-copy format by mail to Cannabis Legalization and Regulation Secretariat, Health Canada, Address Locator 0602E, Ottawa, Ontario K1A 0K9.
The Government of Canada intends to bring the proposed Cannabis Act into force no later than July 2018, subject to parliamentary approval. To meet this commitment, the final regulations will have to be published in the Canada Gazette, Part II, as soon as possible following royal assent. It is therefore important that stakeholders provide feedback on the regulatory proposals in this consultation paper as draft regulations will not be prepublished. Instead, Health Canada intends to publish a summary of the comments received as well as a detailed outline of any changes to the regulatory proposal, which will continue to provide industry and stakeholders with as much information as possible on the proposed regulatory requirements.
[47-1-o]
DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
| Name and position | Order in Council |
|---|---|
| Douglas, The Hon. Peter A. | 2017-1377 |
| Superior Court of Justice in and for the Province of Ontario, a member of the Family Court branch | |
| Judge | |
| Court of Appeal for Ontario | |
| Judge ex officio | |
| Grammond, Sébastien | 2017-1376 |
| Federal Court | |
| Judge | |
| Federal Court of Appeal | |
| Judge ex officio | |
| MacDonald, Alexander, Q.C. | 2017-1378 |
| Trial Division of the Supreme Court of Newfoundland and Labrador | |
| Judge | |
| Court of Appeal of the Supreme Court of Newfoundland and Labrador | |
| Judge ex officio | |
| Superior Court for the district of Montréal in and for the Province of Quebec | |
| Puisne Judges | |
| Bachand, Frédéric | 2017-417 |
| Baudouin, Christine | 2017-416 |
| Rogers, Karen M. | 2017-415 |
| Royer, Daniel | 2017-418 |
November 17, 2017
Diane Bélanger
Official Documents Registrar
[47-1-o]
IMMIGRATION, REFUGEES AND CITIZENSHIP CANADA
IMMIGRATION AND REFUGEE PROTECTION ACT
Notice requesting comments on a proposal to introduce Start-up Visa as a permanent program
Notice is hereby given that Immigration, Refugees and Citizenship Canada is seeking written comments from all interested parties on a proposal to amend the Immigration and Refugee Protection Regulations (the Regulations) to introduce Start-up Visa as a new permanent resident program for business immigrants under the economic class.
Background
The Government of Canada administers a number of immigration programs that contribute to Canada's economic and labour market needs, including business immigration programs. These business immigration programs remained unchanged for many years and as a result became outdated and no longer aligned with a modern economy. As a result, the Government of Canada has been testing new approaches to attract business immigrants to Canada who can better support the country's current economic needs.
As part of a shift toward lower-volume programs aimed at attracting innovative business people, Start-up Visa was launched through Ministerial Instructions in April 2013 as a five-year pilot program that provides permanent residence to innovative entrepreneurs with the potential to build high-growth start-ups in Canada that can compete on a global scale.
Start-up Visa leverages partnerships with venture capital funds, business incubators and angel investor groups (collectively known as “designated entities”) as well as their industry associations to identify promising entrepreneurs. Foreign entrepreneurs wishing to apply to the program must first secure support for their business from one of these designated entities. They must also, among other requirements, have a certain level of official language proficiency, business ownership shares and personal funds. Together, these criteria are tailored to entrepreneurs with potential for long-term success.
Canada needs a permanent immigration program to attract innovative foreign entrepreneurs. There is increasing competition around the world for top entrepreneurial talent and Start-up Visa helps to maintain Canada's competitive advantage by ensuring that foreign entrepreneurs have a direct pathway to acquiring permanent residence and launching their start-ups in Canada. More broadly, the program supports the Government of Canada's priorities for fostering innovation, attracting investment and supporting economic growth. A 2016 program evaluation found that Start-up Visa has been successful in attracting innovative entrepreneurs to Canada. However, Start-up Visa is a pilot program and its pilot phase will expire on March 31, 2018. The pilot was created through Ministerial Instructions and under the Immigration and Refugee Protection Act, these pilot programs are limited to a five-year duration and cannot be extended. In order to make Start-up Visa a permanent program, it must be introduced into the Immigration and Refugee Protection Regulations.
Description
The purpose of this notice of intent is to signal the Government of Canada's intention to amend the Immigration and Refugee Protection Regulations by introducing Start-up Visa as a permanent program.
Requirements for applicants
The program would provide a pathway to permanent residence for foreign entrepreneurs, applying individually or as part of an entrepreneurial team of no more than five applicants who, among other requirements, meet the following criteria:
- (a) Have obtained a commitment (which is valid for up to six months from its date of issuance) from one or more designated business incubators, angel investor groups or venture capital funds, confirming acceptance into a business incubator program and/or an investment in the applicants' business;
- (b) Have attained a level of proficiency of at least benchmark level 5 in either official language for all four language skill areas, as set out in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens;
- (c) Have an amount of funds that are transferable and available, unencumbered by debts or other obligations, and not inclusive of an investment that a designated entity may have made into the applicant's business as part of that entity's commitment, that is equal to one half of the low income cut-off published annually by Statistics Canada; and
- (d) Have a business
- (i) in which the applicant provides or will provide active and ongoing management of the business from within Canada,
- (ii) in which an essential part of the business's operations is being conducted in Canada or will be conducted in Canada following the issuance of a permanent resident visa to one or more of the applicants in respect of that business,
- (iii) which is incorporated in Canada or will become incorporated in Canada following the issuance of a permanent resident visa to one or more of the applicants in respect of that business, and
- (iv) which has a certain ownership share structure (in which a certain proportion of shares are held by the applicant, a member of the applicant's entrepreneurial team and/or a designated entity).
The Regulations would state that applicants may be refused or rejected if
- (a) They do not meet selection criteria;
- (b) They are part of an entrepreneurial team and another essential applicant in that team has been refused or has withdrawn their application;
- (c) The officer is not satisfied that the designated entity assessed the applicant and the applicant's business in a manner consistent with industry standards or that the terms of the commitment are consistent with industry standards; or
- (d) The applicant has obtained a commitment from a designated entity primarily for the purposes of immigrating to Canada rather than engaging in the business activity for which the commitment was intended.
Applicants would be required to pay the existing application fees for business immigration programs as identified in the Immigration and Refugee Protection Regulations.
Authorities of the Minister of Immigration, Refugees and Citizenship
The Regulations would enable the Minister to
- (a) Designate entities, revoke designation from entities and temporarily suspend entities from participating in the program, with the list of designated entities being made available to the public outside of regulations;
- (b) Enter into agreements with organizations to perform functions related to the program, including providing recommendations on designation and de-designation as well as conducting peer reviews of individual cases; and
- (c) Establish outside of regulations and make available to the public, based on factors listed in the Regulations, the minimum thresholds for
- (i) an investment made by a designated entity in the applicants' business as part of a commitment, and
- (ii) the ownership share structure of the applicants' business.
Authorities of officers
The Regulations would enable officers to
- (a) Request an independent peer review of a commitment to assist in application processing or on a random basis, including an assessment of whether the terms of the commitment and the due diligence conducted by the designated entity are consistent with industry standards;
- (b) Allow an applicant who has received a commitment from a designated entity that subsequently becomes de-designated or temporarily suspended, to reapply with a new commitment from an alternate designated entity without paying additional application fees;
- (c) Substitute their evaluation of the applicant's ability to become economically established in Canada for the program's selection criteria, with the exception of the requirement to obtain a commitment from a designated entity; and
- (d) Conduct inspections/reviews of a designated entity, or an organization that has entered into an agreement with the Minister, to assess the organization's compliance with program requirements and any activities related to the program. In addition, officers are authorized to conduct site visits of the premises of a designated entity or organization and require them to provide documentation, including documentation from a third party, to verify information about their activities (including financial activities) related to the program.
Authorities of organizations that have entered into an agreement with the Minister
The Regulations would allow these organizations to collect fees from designated entities in compensation for the functions they perform under the program. These fees would not be allowed to exceed the costs incurred by the organizations for these functions.
The Regulations would require these organizations to comply with any request for documentation and inspections conducted by an officer.
Authorities of designated entities
The Regulations would prohibit designated entities from charging applicants a fee to review and assess their business proposal or conduct due diligence on the applicants' business.
The Regulations would require designated entities to comply with any request for documentation and inspections conducted by an officer.
Summary of new provisions for a permanent program
The proposed Regulations outlined above largely mirror the Ministerial Instructions that have governed the Start-up Visa program since its launch in 2013. However, some of the proposed provisions are additions to address gaps noted during the pilot phase of the program or identified by a program evaluation. Key additions include
- The authority for an organization with whom the Minister has entered into an agreement to recover their program costs by charging a fee to entities participating in the program; and
- Adjustments to uphold program integrity and prevent immigration fraud, including
- The authority for officers to conduct inspections;
- The requirement that an applicant provide active and ongoing management of the business from within Canada;
- The requirement that an essential part of the business' operations be conducted in Canada; and
- The provision that designated entities may not charge applicants a fee to review their business proposals.
To afford flexibility to adapt the program to economic realities and industry standards, the Regulations would allow the Minister to establish thresholds outside of regulations for the amount of investment required from designated entities and the ownership share structure required of the applicants' business. These thresholds would be set using objective factors established in the Regulations, and communicated publicly (e.g. via the departmental website and published in program delivery instructions). At this time, it is anticipated that these thresholds would initially be set at the same levels as those currently in place for the pilot program. However, significant changes in economic or program conditions prior to March 2018 could prompt adjustments.
Comments
The public is invited to provide comments and input into the proposed regulatory amendments described above before the Regulations are published in the Canada Gazette, Part II.
Anyone may, within 30 days of the publication of this notice, provide their comments on this notice of intent, in writing, to the person named below at the address provided.
Laurie Hunter
Director
Economic Immigration Policy and Programs
Immigration, Refugees and Citizenship Canada
365 Laurier Avenue West, 8th Floor
Ottawa, Ontario
K1A 1L1
Telephone: 613-437-6181
Email: IRCC.Selection-Sélection.IRCC@cic.gc.ca
[47-1-o]
INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA
RADIOCOMMUNICATION ACT
Notice No. SMSE-016-17 — Release of RSS-210, issue 9 (amendment)
Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) is making changes to the following standard:
- Radio Standard Specification RSS-210, issue 9 (amendment), Licence-Exempt Radio Apparatus: Category I Equipment.
Effective May 25, 2018, ISED will no longer accept applications for the certification of new low-power apparatus that operate in the bands 617-652 MHz and 663-698 MHz. Furthermore, as of November 15, 2018, no low-power apparatus in the bands 617-652 MHz and 663-698 MHz may be sold, offered for sale, manufactured, imported, distributed or leased on the Canadian market.
General information
The Radio Equipment Standards list (www.ic.gc.ca/eic/site/smt-gst.nsf/eng/h_sf06128.html) will be amended accordingly.
Submitting comments
Comments and suggestions for improving these standards may be submitted online using the “Standard Change Request” form at www.ic.gc.ca/res_change.
Obtaining copies
Copies of this notice and of documents referred to herein are available electronically on the Spectrum Management and Telecommunications website at www.ic.gc.ca/spectrum.
Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html.
November 2017
Martin Proulx
Director General
Engineering, Planning and Standards Branch
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INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA
RADIOCOMMUNICATION ACT
Notice No. SMSE-018-17 — Consultation on the Technical and Policy Framework for White Space Devices and Notice No. SMSE-019-17 — Consultation on the Technical, Policy and Licensing Framework for Wireless Microphones
The intent of this notice is to announce two public consultations through Innovation, Science and Economic Development Canada's (ISED) documents entitled Consultation on the Technical and Policy Framework for White Space Devices and Consultation on the Technical, Policy and Licensing Framework for Wireless Microphones. These consultations respectively address spectrum utilization by white space devices in the VHF and UHF ranges, and wireless microphones in the UHF and SHF ranges.
Submitting comments
To ensure consideration, parties should submit their comments no later than January 15, 2018. Respondents are asked to provide their comments in electronic format (Microsoft Word or Adobe PDF) to the following email address: ic.spectrumengineering-genieduspectre.ic@canada.ca. Soon after the close of the comment period, all comments will be posted on ISED's Spectrum Management and Telecommunications website. All comments will be reviewed and considered by ISED in order to arrive at its decisions regarding the above-mentioned proposals.
ISED will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until January 31, 2018.
Written submissions should be addressed to the Director General, Engineering, Planning and Standards Branch, Innovation, Science and Economic Development Canada, 235 Queen Street, 6th Floor, Ottawa, Ontario K1A 0H5.
All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (SMSE-018-17 or SMSE-019-17).
Obtaining copies
Copies of this notice and of documents referred to herein are available electronically on ISED's Spectrum Management and Telecommunications website.
The official version of notices can be viewed on the Canada Gazette website.
November 15, 2017
Martin Proulx
Director General
Engineering, Planning and Standards Branch
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PRIVY COUNCIL OFFICE
Appointment opportunities
We know that our country is stronger — and our government more effective — when decision-makers reflect Canada's diversity. The Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples 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.
| Position | Organization | Closing date |
|---|---|---|
| President and Chief Executive Officer | Atomic Energy of Canada Limited | |
| Commissioner (Canada) |
British Columbia Treaty Commission | November 30, 2017 |
| Chairperson | Business Development Bank of Canada | |
| Members | Canada Post Corporation | December 29, 2017 |
| Directors | Export Development Canada | December 1, 2017 |
| Deputy Chairperson | Immigration and Refugee Board of Canada, Refugee Appeal Division | December 14, 2017 |
| Commissioner | International Commission on the Conservation of Atlantic Tunas | November 30, 2017 |
| Governor | International Development Research Centre | December 15, 2017 |
| Commissioner | International Pacific Halibut Commission | November 30, 2017 |
| Members (appointment to roster) | International Trade and International Investment Dispute Settlement Bodies | |
| Directors | Invest in Canada Hub | November 29, 2017 |
| President and Chief Executive Officer | National Arts Centre | |
| Commissioner | North Atlantic Salmon Conservation Organization | November 30, 2017 |
| Commissioner | North Pacific Anadromous Fish Commission | November 30, 2017 |
| Chief Electoral Officer | Office of the Chief Electoral Officer | |
| Commissioner of Lobbying | Office of the Commissioner of Lobbying | |
| Commissioner of Official Languages | Office of the Commissioner of Official Languages for Canada | |
| Conflict of Interest and Ethics Commissioner | Office of the Conflict of Interest and Ethics Commissioner | |
| Information Commissioner | Office of the Information Commissioner | |
| Senate Ethics Officer | Office of the Senate Ethics Officer | |
| Chairperson | Royal Canadian Mint | November 27, 2017 |
| Commissioner | Royal Canadian Mounted Police |
Ongoing opportunities
| Position | Organization | Closing date |
|---|---|---|
| Full-time and Part-time Members | Immigration and Refugee Board | December 31, 2017 |
| Members | Veterans Review and Appeal Board | December 31, 2017 |
Upcoming opportunities
| Position | Organization |
|---|---|
| Chairperson | Civilian Review and Complaints Commission for the Royal Canadian Mounted Police |
| Sergeant-at-Arms | House of Commons |
| Commissioner | International Joint Commission |
[47-1-o]
TREASURY BOARD SECRETARIAT
Canada–United States Regulatory Cooperation Council — Request for stakeholder comments
The Government of Canada recognizes that unnecessary regulatory differences can impede trade and hinder competitiveness. The Government of Canada is committed to addressing areas of regulatory misalignment where possible, while respecting Canadian national sovereignty and protecting public health, safety, security and the environment.
Addressing alignment issues through regulatory cooperation can help to reduce the unnecessary burden on business, facilitate exports, and foster economic growth. Businesses large and small stand to gain through improved access to markets. Consumers can also benefit from decreased costs and an increased choice of safe products on the market.
Canada–United States Regulatory Cooperation Council
In 2011, the Canadian and United States (U.S.) governments launched the Canada–United States Regulatory Cooperation Council (RCC). The RCC is a recognition of the integrated nature of the Canadian and U.S. economies, the role of free and open trade in encouraging jobs and growth, and the benefits of increased regulatory alignment.
The RCC embodies a practical, working-level approach to regulator-to-regulator cooperation with the objective of fostering alignment across a range of regulatory activities — development of standards, inspections, certification, testing, product approvals, and monitoring of products on the market — in order to remove unnecessary and duplicative requirements and costs, while maintaining high levels of health, safety and environmental protection.
The RCC currently involves 16 Canadian and U.S. departments with health, safety, and environmental protection mandates, largely as they affect production, manufacturing, and bringing goods to market. The ongoing cooperative initiatives are included in 23 joint work plans (https://www.canada.ca/en/treasury-board-secretariat/corporate/transparency/acts-regulations/canada-us-regulatory-cooperation-council/work-plans.html).
Following their first meeting in February 2017, Prime Minister Justin Trudeau and President Donald Trump reaffirmed the important work of the Canada–United States RCC in their joint statement that included a commitment to continue dialogue on regulatory issues and pursue shared regulatory outcomes for the benefit of businesses and consumers.
The Government of Canada is seeking public views on progress to date in its regulatory cooperation work with the United States, and how best to address regulatory divergences between the United States and Canada. In particular, comments are invited on issues or sectors that should be considered for future cooperation, including proposals to align existing regulatory systems and streamline redundant or duplicative procedures. The Government of Canada also seeks your views on areas that will be impacted by new or disruptive technologies and that are not yet regulated, as these areas offer potential for Canada and the United States to develop aligned regulatory frameworks together. Stakeholder input is instrumental in providing practical recommendations for future alignment opportunities, clarifying priorities, and assisting in possible pilot projects.
Where possible, please provide the following:
- a succinct description of the issue or unnecessary difference as well as the broad benefits of resolution;
- quantitative and qualitative data on the impacts of misalignment in the current or emerging market conditions — on consumers, industry and other stakeholders;
- objectives, time frames, and potential solutions;
- quantifiable benefits of addressing the issue, including benefits for consumers, industry, and other stakeholders; and
- input that demonstrates binational or broad support for the proposed initiative.
Where there are multiple initiatives proposed, submissions should prioritize the order in which initiatives could be considered by the RCC.
In addition, the RCC welcomes input on other areas, including
- Ideas on the appropriate role for stakeholders, and how stakeholders can best engage with Canadian and U.S. regulators on regulatory cooperation opportunities; or
- Opinions on moving forward on the next phase of Canada–United States regulatory cooperation. The Government of Canada welcomes ideas on how to advance existing relationships and where it could create new ones.
For more information on the Canada–United States RCC, please visit https://www.canada.ca/en/treasury-board-secretariat/corporate/transparency/acts-regulations/canada-us-regulatory-cooperation-council.html.
Supplementary information
Regulatory cooperation is not about creating a single regulatory system for Canada and the United States, where all regulatory work will either be done in one country alone, or jointly. Rather, it entails working together where it is mutually beneficial for both countries. A lack of alignment, which can create unnecessary costs and impede integrated markets, is generally not the product of fundamental differences in regulatory objectives. Instead, it is often simply the product of operating independently, without mechanisms to better align the parallel regulatory systems of the two countries.
Effective regulatory cooperation is also about more than just regulations. It is possible that identical regulations could still contain duplicative requirements and verifications that hinder trade and increase costs. Therefore, regulatory cooperation must consider all facets of the regulatory system, including regulatory policy, related programs and guidance, inspection and testing methods, and compliance and enforcement activities.
Regulatory cooperation, and closer alignment of regulatory systems, should not be seen as reducing Canadian national sovereignty. Both Canada and the United States retain the ability to carry out their own regulatory functions according to domestic legal policy and international commitments. The Government of Canada is committed to protecting and advancing the public interest in health, safety and security, the quality of the environment, and the social and economic well-being of Canadians through an effective, efficient, and accountable regulatory system. Regulatory cooperation can help the Government of Canada achieve these goals.
Going forward, regulatory cooperation can be a cornerstone of an enhanced regulatory relationship between Canada and the United States, while leveraging the expertise and dedication of regulators in each country. The Government of Canada welcomes stakeholder input on considerations for ongoing alignment.
Submissions
Please provide your input by January 8, 2018. Written submissions can be sent to rcd-dcmr@tbs-sct.gc.ca.
Your detailed input will help the Treasury Board of Canada Secretariat and Government of Canada regulatory departments and agencies in implementing current RCC work plans, in identifying areas for the next cycle of regulatory cooperation work, and in establishing systemic structures to strengthen regulatory cooperation efforts.
Transparency
To add to the transparency of the consultation process, the Government of Canada may make public some or all of the responses received or may provide summaries in its public documents. Therefore, parties making submissions are asked to clearly indicate the name of the individual or the organization that should be identified as having made the submission.
In order to respect privacy and confidentiality, when providing your submission please advise whether you
- consent to the disclosure of your submission in whole or in part;
- wish any portions of your submission to be kept confidential (if so, clearly identify the confidential portions); and/or
- request that your identity and any personal identifiers be removed prior to publication.
Information received throughout this submission process is subject to the Access to Information Act and the Privacy Act. Should you express an intention that your submission, or any portions thereof, be considered confidential, the Government of Canada will make all reasonable efforts to protect this information.
November 18, 2017
Contact
Brennen Young
Director
Regulatory Cooperation
Regulatory Affairs Sector
Email: rcd-dcmr@tbs-sct.gc.ca
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BANK OF CANADA
Statement of financial position as at October 31, 2017
| ASSETS | Amount | Total |
|---|---|---|
| Cash and foreign deposits | 17.0 | |
| Loans and receivables | ||
| Securities purchased under resale agreements | 7,403.5 | |
| Advances to members of Payments Canada | 66.4 | |
| Advances to governments | — | |
| Other receivables | 6.8 | |
| 7,476.7 | ||
| Investments | ||
| Treasury bills of Canada | 21,025.6 | |
| Government of Canada bonds | 82,305.8 | |
| Other investments | 408.5 | |
| 103,739.9 | ||
| Property and equipment | 564.2 | |
| Intangible assets | 40.0 | |
| Other assets | 184.3 | |
| Total assets | 112,022.1 | |
| LIABILITIES AND EQUITY | Amount | Total |
|---|---|---|
| Bank notes in circulation | 82,456.1 | |
| Deposits | ||
| Government of Canada | 25,737.2 | |
| Members of Payments Canada | 566.0 | |
| Other deposits | 2,190.5 | |
| 28,493.7 | ||
| Securities sold under repurchase agreements | — | |
| Other liabilities | 571.8 | |
| 111,521.6 | ||
| Equity | ||
| Share capital | 5.0 | |
| Statutory and special reserves | 125.0 | |
| Available-for-sale reserve | 370.5 | |
| 500.5 | ||
| Total Liabilities and Equity | 112,022.1 | |
I declare that the foregoing return is correct according to the books of the Bank.
Ottawa, November 16, 2017
Carmen Vierula
Chief Financial Officer and Chief Accountant
I declare that the foregoing return is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.
Ottawa, November 16, 2017
Stephen S. Poloz
Governor