Canada Gazette, Part I, Volume 154, Number 8: GOVERNMENT NOTICES

February 22, 2020

DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT

Application of sections 173.01 and 173.1 of the Canada Labour Code to on-call and standby employees

Whereas Part III of the Canada Labour Code (Code) sets minimum labour standards for employees working in federally regulated private-sector workplaces and most federal crown corporations;

Whereas on September 1, 2019, certain provisions of the Budget Implementation Act, 2017, No. 2 and Budget Implementation Act, 2018, No. 2 which amended Part III of the Code came into force;

Whereas through the coming into force of these provisions, Part III of the Code was amended, including to add sections 173.01 (Notice — work schedule) and 173.1 (Shift changes);

Whereas section 173.01 of the Code provides that an employer shall give the employee their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule, and that an employee may refuse to work any work period or shift in their schedule that starts within 96 hours from the time that the schedule is provided to them (except where a collective agreement specifies an alternate time frame for providing the schedule or states that section 173.01 does not apply);

Whereas section 173.1 of the Code provides that if an employer changes a period or shift during which an employee is due to work or adds another work period or shift to the employee’s schedule, the employer shall give the employee written notice of the change or addition at least 24 hours before;

Whereas the primary objective of these new provisions is to help support an employee’s work-life balance by improving the predictability of their hours of work, allowing them to plan their lives and make any necessary arrangements;

Whereas the use of on-call and standby arrangements, which may be part of a collective agreement or an individual employment contract, can be a legitimate business practice to deal with unforeseeable labour needs;

Notice is therefore given that the Minister of Labour considers that an employer who provides an employee with their work schedule in writing at least 96 hours before the start of the employee’s first work period or shift under that schedule, and includes in that work schedule any period during which the employee is scheduled to be on-call or on standby, satisfies the requirements of section 173.01 of the Code. An employee may refuse to work any work period or shift in their schedule, including any period of on-call or standby, that starts within 96 hours from the time the schedule is provided to them. As a result, the Minister of Labour does not consider that regulations respecting on-call or standby employees in respect of section 173.01 are required at this time;

Notice is therefore also given that the Minister of Labour considers that an employer who gives an employee written notice of 24 hours before the employer changes a work period or shift during which an employee is due to work or adds another work period or shift to the employee’s schedule, including giving written notice of 24 hours before adding or changing a period where the employee is scheduled to be on-call or on standby, satisfies the requirements of section 173.1 of the Code. As a result, the Minister of Labour does not consider that regulations respecting on-call or standby employees in respect of section 173.1 are required at this time.

The statements above should in no way be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee.

Development of regulations concerning new hours of work provisions

In addition to the amendments to add section 173.01 (Notice — work schedule) and section 173.1 (Shift change) discussed above, Part III of the Code was also amended on September 1, 2019, to provide employees the right to refuse overtime to deal with family responsibilities (section 174.1) and add requirements for employers to provide 30-minute breaks within each five hours of work (section 169.1) and eight-hour rest periods between work periods or shifts (section 169.2) [all of these sections are referred to as “new hours of work provisions” below].

Consultations on potential exemption or modification regulations in relation to the new hours of work provisions began in 2019. So far, stakeholders have raised issues regarding the application of the new hours of work provisions in some situations — such as the impact on existing provisions in collective agreements and the flexibility needs of businesses that must meet customer needs on a continuous 24/7 basis. Questions have also been raised regarding the importance of labour standards applying as broadly as possible and the role of the new provisions in promoting work-life balance.

The new hours of work provisions do not cover managers and designated professionals (architects, dentists, engineers, lawyers and medical doctors). They are also each subject to an exception for “unforeseeable emergencies”; these provisions do not apply if it is necessary for an employee to work to address a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious (a) threat to the life, health or safety of any person; (b) threat of damage to or loss of property; or (c) threat of serious interference with the ordinary working of the employer’s industrial establishment. Moreover, section 173.01 does not apply to employees employed under a collective agreement that specifies an alternate time frame for providing the schedule or states that section 173.01 does not apply.

Paragraph 175(1)(a) of the Code provides regulatory authority to modify these provisions with respect to any class of employees who are employed in any industrial establishment if the application of these provisions without modification would be unduly prejudicial to the interests of the employees in those classes or seriously detrimental to the operation of the industrial establishment in which they are employed. Paragraph 175(1)(b) of the Code provides regulatory authority to exempt classes of employees from the application of any new hours of work provision that cannot reasonably be applied to them.

To date, the Labour Program has received submissions relating to regulatory exemptions or modifications with respect to the new hours of work provisions for certain classes of employees. Consultations with stakeholders will resume in winter 2020. The Minister of Labour will recommend regulatory exemptions and/or modifications deemed appropriate and consistent with the objectives of Part III of the Code.

Any questions or feedback can be sent to the Director, Labour Standards and Wage Earner Protection Program, Workplace Directorate, Labour Program, Employment and Social Development Canada, Place du Portage, Phase II, 10th floor, 165 Hôtel-de-Ville Street, Gatineau, Quebec, K1A 0J9 or in electronic format (Microsoft Word or Adobe Acrobat) to EDSC.DMT.ConsultationNTModernes-ConsultationModernLS.WD.ESDC@labour-travail.gc.ca.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of a substance — benzoxazole, 2,2’-(1,4-naphthalenediyl)bis- (fluorescent brightener 367), CAS RN footnote 1 5089-22-5 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas fluorescent brightener 367 is a substance identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on fluorescent brightener 367 pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that the substance does 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 on this substance at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, 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. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819‑938‑5212, by email to eccc.substances.eccc@canada.ca, or by using the online reporting system available through Environment and Climate Change Canada’s Single Window.

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

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of fluorescent brightener 367

Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of benzoxazole, 2,2’-(1,4-naphthalenediyl)bis- (CAS RN 5089-22-5), hereinafter referred to as fluorescent brightener 367. This substance was identified as a priority for assessment as it met the categorization criteria under subsection 73(1) of CEPA.

Fluorescent brightener 367 does not occur naturally in the environment and, according to information submitted pursuant to a CEPA section 71 survey, was not manufactured in, or imported into, Canada above the reporting threshold of 100 kg per year during the 2011 calendar year. Under the Cosmetic Regulations, fluorescent brightener 367 was declared as present in certain nail polishes.

The ecological risk of fluorescent brightener 367 was characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are 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 on the basis of their hazard and exposure profiles. Based on the outcome of ERC analysis, fluorescent brightener 367 is considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from fluorescent brightener 367. It is proposed to conclude that fluorescent brightener 367 does not meet the criteria under paragraph 64(a) or (b) of CEPA, as it is 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 constitutes or may constitute a danger to the environment on which life depends.

As no empirical information was identified on the toxicological characteristics of fluorescent brightener 367, the potential health effects of this substance were based on toxicological data available for an analogue, fluorescent brightener 184 (CAS RN 7128-64-5). In studies with fluorescent brightener 184, no critical health effects were observed in subchronic and chronic studies up to the highest doses tested. The general population is not expected to be exposed to fluorescent brightener 367 from environmental media, food or drinking water. A comparison of levels of exposure from use of nail polish containing fluorescent brightener 367 with the highest dose tested in laboratory studies resulted in margins of exposure that are considered adequate to address uncertainties in the health effect and exposure databases.

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that fluorescent brightener 367 does not meet the criteria under paragraph 64(c) of CEPA, as it is 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 overall conclusion

It is proposed to conclude that fluorescent brightener 367 does not meet any of the criteria set out in section 64 of CEPA.

The draft screening assessment for this substance is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed withdrawal of select guidelines for Canadian drinking water quality

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed withdrawal of select guidelines for Canadian drinking water quality. The proposed document is available for public comment from February 21, 2020, to April 24, 2020, on the Water Quality website. Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments must be sent either by email at HC.water-eau.SC@canada.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, AL 4903D, Ottawa, Ontario K1A 0K9.

February 22, 2020

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Executive summary

Health Canada, in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water, is proposing to withdraw the existing guidelines for Canadian drinking water quality (GCDWQ) for 18 chemical substances, including 14 pesticides, as it was determined that guidelines for Canadian drinking water quality are no longer required since these contaminants are unlikely to be found in Canadian drinking water at levels that may pose a risk to human health.

Pesticides proposed for withdrawal are azinphos-methyl, carbaryl, carbofuran, chlorpyrifos, diazinon, diclofop-methyl, diuron, metolachlor, paraquat, phorate, picloram, simazine, terbufos, and trifluralin. Other chemical substances proposed for withdrawal are 1,2-dichlorobenzene, 2,4-dichlorophenol, 2,3,4,6-tetrachlorophenol and monochlorobenzene.

The proposed withdrawal document summarizes the current available information supporting the proposed withdrawal of the 18 GCDWQ, based on a thorough review of the current science, registration status (for pesticides) and Canadian exposures.

International considerations

The proposed withdrawal of the GCDWQ for 1,2-dichlorobenzene, 2,4-dichlorophenol, 2,3,4,6-tetrachlorophenol, azinphos-methyl, carbaryl, carbofuran, chlorpyrifos, diazinon, diclofop-methyl, diuron, metolachlor, monochlorobenzene, paraquat, phorate, picloram, simazine, terbufos, and trifluralin is specific to the Canadian exposure context.

Internationally, drinking water standards or guidelines for these chemical contaminants would exist in order to address specific needs or exposure scenarios that differ from those encountered in Canada. Differences in international regulations can be explained by differences in the use, manufacturing and importation of chemicals; in the case of pesticides, differences in registration status, application rates and geographical patterns of use also influence the regulations for drinking water quality.

Since Canadian regulatory needs differ from those of other international jurisdictions, international regulatory considerations were not taken into account in determining the appropriateness of the above-mentioned GCDWQ within the Canadian context.

GLOBAL AFFAIRS CANADA

Comprehensive review of the allocation and administration of Canada’s tariff rate quotas for dairy, poultry and egg products — Phase II

Canada is a leader in agriculture and agri-food, and the Government of Canada is committed to finding new ways to support our producers and processors in the global marketplace. The objective of the comprehensive review is to create long-term policies to ensure the continued efficiency and effectiveness of Canada’s tariff rate quotas (TRQs) for dairy, poultry and egg products.

In May 2019, Global Affairs Canada launched an 18-month comprehensive review of policies related to supply-managed TRQs.

All consultations in this process sought important input from stakeholders with an interest in this matter, including the Canadian public, provincial and territorial governments, national and provincial industry associations, producers, processors, distributors, retailers, importers of supply-managed products and international trading partners.

The second phase of consultations, launched on February 14, 2020, gives stakeholders an opportunity to provide feedback on TRQ allocation and administration policy options for supply-managed products. The options presented for consideration are the result of the feedback received from participants in the first phase of stakeholder engagement and discussions with partner departments. The feedback received from this second phase of the consultations will guide the creation of the final policies and inform the decision of the Minister of Small Business, Export Promotion and International Trade. The long-term allocation and administration policies for each TRQ will be published on September 1, 2020.

Parties can view the policy options through the consultation web page. Comments on the options can be submitted by email to TRQConsultation.ConsultationCT@international.gc.ca or by mail to the Supply-Managed Trade Controls Division, Global Affairs Canada, 111 Sussex Drive, Ottawa, Ontario K1A 0G2, before the closing of the consultation period at 11:59 p.m. (Pacific Time) on April 3, 2020.

Please read the privacy notice statement carefully prior to providing your views or sending a written submission.

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-003-20 — Release of RSS-181, issue 2, amendment 1

Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) has published the following standard:

This document will come into force upon its publication on the Official publications section of the Spectrum Management and Telecommunications website.

General information

The Radio equipment standards list will be amended accordingly.

Submitting comments

Comments and suggestions for improving this standard may be submitted online using the Standard Change Request form.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on the Spectrum Management and Telecommunications website.

Official versions of notices can be viewed on the Canada Gazette website.

February 2020

Martin Proulx
Director General
Engineering, Planning and Standards Branch

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 has implemented 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 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.

We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.

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

Chairperson

Canada Council for the Arts

  

President

Canadian Commercial Corporation

  

Chief Executive Officer

Canadian Energy Regulator

  

Commissioner (full-time), Commissioner (part-time)

Canadian Energy Regulator

  

Director

Canadian Energy Regulator

  

Chairperson

Canadian International Trade Tribunal

  

Director

Canadian Museum for Human Rights

  

Member (Alberta and Northwest Territories)

Canadian Radio-television and Telecommunications Commission

  

Member (Atlantic and Nunavut)

Canadian Radio-television and Telecommunications Commission

  

President

Destination Canada

  

Chairperson

Great Lakes Pilotage Authority Canada

  

Member

Immigration and Refugee Board of Canada

February 24, 2020

Chairperson

Marine Atlantic Inc.

  

Secretary

National Battlefields Commission

  

Auditor General of Canada

Office of the Auditor General of Canada