Canada Gazette, Part I, Volume 154, Number 51: GOVERNMENT NOTICES

December 19, 2020

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 substance phenol, dimethyl-, phosphate (3:1), also known as trixylyl phosphate

Whereas the substance trixylyl phosphate (Chemical Abstracts Service [CAS] Registry Number 25155-23-1) is specified on the Domestic Substances List;footnote 1

Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of the substance under section 74 of the Canadian Environmental Protection Act, 1999;footnote 2

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 indicate that subsection 81(3) of that Act applies to any significant new activities relating 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 can be submitted using the online reporting system available through Environment and Climate Change Canada’s Single Window, or be sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Québec K1A 0H3, or by email to eccc.substances.eccc@canada.ca.

The screening assessment for this substance may be obtained from the Canada.ca (Chemical Substances) website.

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
Acting 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:

25155-23-1

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

Column 1

Substance

Column 2

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

25155-23-1 S’

1. The use of the substance trixylyl phosphate in the manufacture of any of the following products such that the substance is present in the product in a concentration equal to or greater than 0.1% by weight:

  • (a) a consumer product to which the Canada Consumer Product Safety Act applies, other than its use in the manufacture of lubricant and grease products that contain the substance at a concentration of less than or equal to 2% by weight; or
  • (b) a cosmetic as defined in section 2 of the Food and Drugs Act.

2. Any activity involving the use of the substance trixylyl phosphate in a quantity greater than 10 kg in a calendar year in any of the following products, if the product contains the substance at a concentration equal to or greater than 0.1% by weight:

  • (a) a consumer product to which the Canada Consumer Product Safety Act applies, other than any activity involving lubricant and grease products that contain the substance at a concentration of less than or equal to 2% by weight; or
  • (b) a cosmetic as defined in section 2 of the Food and Drugs Act.

3. Despite sections 1 and 2, the use of the substance is not a significant new activity if the substance is used

  • (a) as a research and development substance or site-limited intermediate substance, as those terms are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or
  • (b) in the manufacture of a product that is referred to in those sections, that is for export only.

4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the activity begins:

  • (a) a description of the significant new activity in relation to the substance;
  • (b) the anticipated annual quantity of the substance to be used;
  • (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 items 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
  • (e) a description of the consumer product or cosmetic that contains the substance, the intended use and method of application of that consumer product or cosmetic and the function of the substance in that consumer product or cosmetic;
  • (f) the total quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person proposing the significant new activity;
  • (g) if known, the three sites in Canada where the greatest quantity of the substance is anticipated to be used or processed and the anticipated quantity by site;
  • (h) all other information and test data in respect of the substance that are in the possession of the person who is proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of the adverse effects that the substance may have on the environment and human health and the degree of environmental and public exposure to the substance;
  • (i) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency;
  • (j) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person who is proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf; and
  • (k) a certification that the information is accurate and complete, dated and signed by the person who is proposing the significant new activity, if they are resident in Canada or, if not, by the person resident in Canada who is authorized to act on their behalf.

5. The information referred to in section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

COMING INTO FORCE

3. This 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

The notice of intent (NOI) is an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL) to apply the Significant New Activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (CEPA)footnote 1 to the substance phenol, dimethyl-, phosphate (3:1) [also known as trixylyl phosphate, Chemical Abstracts Service (CAS) Registry No. 25155-23-1], 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 this substance.

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.

Further, information-gathering mechanisms other than the SNAc provisions of CEPA were considered, including the publication of an additional notice under section 71 of CEPA. However, this mechanism would collect information after the substance is used in consumer products or cosmetics, which could potentially lead to exposures of concern.

Applicability of the proposed Order

It is proposed that the Order amending the DSL requires any person (individual or corporation) engaging in a significant new activity in relation to the substance 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 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) applies. In addition, the Order would target cosmetics as defined in section 2 of the Food and Drugs Act (FDA). Consumer products and cosmetics are potential sources of direct and significant human exposure to this substance. Trixylyl phosphate is not currently known to be used in cosmetics in Canada.

For the manufacture of such products, notification would be required when the concentration of the substance in the product is equal to or greater than 0.1% by weight, other than in a lubricant or grease product that would require notification if the concentration of the substance is greater than 2% by weight.

For any other activity related to consumer products and cosmetics, other than lubricant and grease products, notification would be required when the concentration of the substance in the product or cosmetic is equal to or greater than 0.1% by weight, and the total quantity of the substance in the product that is used during a calendar year is greater than 10 kg. For any activity in relation to lubricant and grease products, notification would be required when the concentration of the substance in the lubricant or grease product is greater than 2% by weight and the total quantity of the substance in the product that is used during a calendar year is greater than 10 kg.

Activities not subject to the proposed Order

The manufacture of consumer products or cosmetics that contain the substance would not be subject to the proposed Order if the concentration of the substance in the product is less than 0.1% by weight, or less than 2% by weight for lubricant or grease products. Any other activity involving the use of the substance in a consumer product or cosmetic would not be subject to the proposed Order if the total quantity of the substance involved in the activity is 10 kg or less in a calendar year. For activities involving more than 10 kg of the substance in a calendar year, the proposed 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, or less than 2% by weight for lubricant or grease products.

The use of trixylyl phosphate as a research and development substance, a site-limited intermediate substance, or an export-only substance would not require the submission of a SNAN, as these activities are not expected to result in exposure to the general population in Canada. 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). 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 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 proposed 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 proposed 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.

Information to be submitted

The NOI sets out the proposed requirements for information that would have to be provided to the Minister 90 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 environmental and human health assessments within 90 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 SNAc provisions,footnote 3 a person is expected to make use of information in their possession or to which they may reasonably be expected to have access. This 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).footnote 4

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 substance is toxic or capable of becoming toxic, the person who is in possession of or has knowledge of the information and is involved in 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 receives 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 “(ARCHIVED) 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.

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 an order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to contact the Substances Management Information Line.footnote 5

CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. 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.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2020-87-14-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999footnote 2, the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances Listfootnote 1;

Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999footnote 2, makes the annexed Order 2020-87-14-02 Amending the Non-domestic Substances List.

Gatineau, December 9, 2020

Jonathan Wilkinson
Minister of the Environment

Order 2020-87-14-02 Amending the Non-domestic Substances List

Amendment

1 Part I of the Non-domestic Substances Listfootnote 6 is amended by deleting the following:

Coming into Force

2 This Order comes into force on the day on which Order 2020-87-14-01 Amending the Domestic Substances List comes into force.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after screening assessment of three substances — phenol, dimethyl-, phosphate (3:1) (trixylyl phosphate), CAS RN footnote 7 25155-23-1; 9-octadecen-1-ol, (Z)-, phosphate (oleyl phosphate), CAS RN 37310-83-1; phosphorous trichloride, reaction products with 1,1-biphenyl and 2,4-bis(1,1-dimethylethyl)phenol, CAS RN 119345-01-6 — specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas trixylyl phosphate and oleyl phosphate are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the screening assessment conducted on phosphorous trichloride, reaction products with 1,1-biphenyl and 2,4-bis(1,1-dimethylethyl)phenol pursuant to paragraphs 68(b) and (c) of the Act and on trixylyl phosphate and oleyl phosphate pursuant to section 74 of the Act is annexed hereby;

And whereas it is concluded 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 two substances identified under subsection 73(1) of the Act.

Notice is further given that the ministers propose to take no further action on the remaining substance at this time.

And whereas the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Act to indicate that the significant new activity provisions under subsection 81(3) thereof apply with respect to trixylyl phosphate.

Jonathan Wilkinson
Minister of the Environment

Patty Hajdu
Minister of Health

ANNEX

Summary of the screening assessment of the Phosphoric Acid Derivatives Group

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 a screening assessment on three of six substances referred to collectively under the Chemicals Management Plan as the Phosphoric Acid Derivatives Group. These three substances were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns. The three other substances were determined to be of low concern through other approaches, and decisions for these substances are provided in a separate report.footnote 8 Accordingly, this screening assessment addresses the three substances listed in the table below, which are hereinafter referred to as the Phosphoric Acid Derivatives Group. The Chemical Abstracts Service Registry Numbers (CAS RNs), the Domestic Substances List (DSL) names and the common names of these substances are listed in the table below.

Substances in the Phosphoric Acid Derivatives Group
CAS RN DSL name Common name
25155-23-1 Phenol, dimethyl-, phosphate (3:1) Trixylyl phosphate
37310-83-1 table a2 note a 9-Octadecen-1-ol, (Z)-, phosphate Oleyl phosphate
119345-01-6 table a2 note a table a2 note b Phosphorous trichloride, reaction products with 1,1-biphenyl and 2,4-bis(1,1-dimethylethyl)phenol N/A

Table a2 note(s)

Abbreviation: N/A, not applicable

Table a2 note a

This substance is a UVCB (unknown or variable composition, complex reaction products, or biological materials).

Return to table a2 note a referrer

Table a2 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 on the basis of other human health concerns.

Return to table a2 note b referrer

The substances in the Phosphoric Acid Derivatives Group do not occur naturally in the environment. According to information submitted in response to CEPA section 71 surveys, trixylyl phosphate was not reported to be manufactured in Canada above the reporting threshold of 100 kg, but between 100 000 and 1 000 000 kg was imported into Canada in 2008. In 2011, no Canadian manufacturing or importing activities were reported for oleyl phosphate above the reporting threshold of 100 kg. The substance bearing CAS RN 119345-01-6 was reported to be imported into Canada in 2011 in the range of 10 000 to 100 000 kg, but was not reported to be manufactured above the reporting threshold.

Reported uses of trixylyl phosphate in Canada include as a flame retardant and in lubricants and greases. Other potential uses of trixylyl phosphate include in food packaging materials, as a plasticizer, in hydraulic fluids and for wire and cabling insulation. Oleyl phosphate is used in cosmetics such as permanent hair dye in Canada. The substance bearing CAS RN 119345-01-6 is used in plastic and rubber materials and may be used in food packaging materials.

The ecological risks of the substances in the Phosphoric Acid Derivatives Group were 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 based on their hazard and exposure profiles. Based on the outcome of the ERC analysis, trixylyl phosphate, oleyl phosphate, and the substance bearing CAS RN 119345-01-6 are considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this screening assessment, there is a low risk of harm to the environment from trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6. It is concluded that trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6 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.

Trixylyl phosphate has been reviewed internationally by the European Union under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation and by the Australian National Industrial Chemicals Notification and Assessment Scheme; these evaluations informed the human health effects characterization of trixylyl phosphate. Trixylyl phosphate is on the European Chemicals Agency (ECHA) List of Substances of Very High Concern for reproductive toxicity and has been classified as a reproductive toxicant (H360F: “may damage fertility”). The available health effects information on trixylyl phosphate indicates that the critical effects are in reproductive organs (testes, epididymis ovaries), and adrenal glands (decreased adrenal weights, vacuolation) in both sexes. The general population of Canada may be exposed to trixylyl phosphate through environmental media as a result of its presence in dust and through certain products available to consumers. A comparison of levels of trixylyl phosphate that Canadians may be exposed to in environmental media and through products available to consumers with levels associated with adverse effects results in margins that are considered adequate to address uncertainties in exposure and health effects data used to characterize risk.

Oleyl phosphate is considered to be of low hazard potential and the risk to human health related to the presence of oleyl phosphate in cosmetics is considered to be low.

The available health effects information on the substance bearing CAS RN 119345-01-6 indicates developmental effects in laboratory studies. The predominant source of exposure to this substance for the general population is through the diet primarily from its potential use in food packaging materials. A comparison of estimated levels of exposure to this substance and critical effect levels results in margins that are considered adequate to address uncertainties in exposure and health effects data used to characterize risk.

On the basis of the information presented in this screening assessment, it is concluded that trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6 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 trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6 do not meet any of the criteria set out in section 64 of CEPA.

Consideration for follow-up

Because trixylyl phosphate is listed on the Domestic Substances List (DSL), its import and manufacture in Canada is not subject to notification under the New Substances Notification Regulations (Chemicals and Polymers) under subsection 81(1) of CEPA. Since trixylyl phosphate is considered to have human health effects of concern, there is suspicion that new activities that have not been identified or assessed could lead to this substance meeting the criteria set out in section 64 of CEPA. 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 this substance.

A significant new activity can include an activity that has not been conducted with the substance in the past, or an existing one with a different quantity or in different circumstances that could affect the exposure pattern of the substance. The SNAc provisions trigger an obligation for a person (individual or corporation) to provide 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 screening assessment for these substances is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of a substance — glycine, N,N-bis(carboxymethyl)-, trisodium salt (Na3NTA), CAS RNfootnote 7 5064-31-3 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas Na3NTA 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 Na3NTA 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.

Notice is further given that options are being considered for follow-up activities to track changes in exposure to Na3NTA.

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 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 Na3NTA

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 glycine, N,N-bis(carboxymethyl)-, trisodium salt, hereinafter referred to as Na3NTA, derived from its more commonly used name nitrilotriacetic acid trisodium salt. The Chemical Abstracts Service Registry Number (CAS RN) for Na3NTA is 5064-31-3. This substance was identified as a priority for assessment as it met the categorization criteria under subsection 73(1) of CEPA.

According to the information submitted in response to a CEPA section 71 survey, 932 414 kg of Na3NTA were imported into Canada in 2011 and there were no reports of manufacture of Na3NTA in Canada above the reporting threshold of 100 kg. Reported uses in Canada include water treatment, cleaning and furnishing care, food packaging, paper products, fabric, textile and leather articles, personal care, photographic supplies, film and photochemicals, agricultural products, and metal chelation. Na3NTA is used in products available to consumers, which mainly include cleaning products and cosmetics. Na3NTA was also identified as an ingredient in disinfectant products. In addition, Na3NTA may be a component in cleaners and detergents used in food processing establishments, and has been identified as a formulant in pest control products registered in Canada.

The ecological risk of Na3NTA 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 the ERC analysis, Na3NTA is considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is low risk of harm to the environment from Na3NTA. It is proposed to conclude that Na3NTA does not meet the criteria under paragraph 64(a) or (b) of CEPA as it is not entering the environment in a quantity of 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.

The predominant sources of exposure to Na3NTA from products available to consumers in Canada are cleaning products (wood floor cleaning liquid, wood floor polishing spray, boat cleaner) and cosmetics (hair dye, face moisturizer). There is also potential for exposure to Na3NTA for the general population from drinking water.

The health effects dataset for Na3NTA has been reviewed by the European Union, the European Commission’s Scientific Committee on Consumer Safety, and the Australian Government. The health effects dataset for Na3NTA has also been reviewed by Environment and Climate Change Canada and Health Canada as part of the assessment of NTA, as Na3NTA and NTA both dissociate to release nitrilotriacetate, a common moiety of toxicological interest. In laboratory studies, Na3NTA was found to be associated with marginal increases of hyperplasia and dysplasia of urinary tract epithelial cells, which progress to the formation of tumours such as adenomas and adenocarcinomas in laboratory rats and mice. Na3NTA has been classified as a carcinogen by several organizations.

A comparison of the estimates of exposure and the critical effect levels resulted in margins of exposure that are considered adequate to address uncertainties in the health effects and exposure databases.

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that Na3NTA 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 Na3NTA does not meet any of the criteria set out in section 64 of CEPA.

Consideration for follow-up

While exposure of the general population to Na3NTA is not of concern at current levels, the substance is associated with effects of concern. Therefore, there may be concerns if exposure were to increase. Follow-up activities to track changes in exposure or commercial use patterns are under consideration.

Stakeholders are encouraged to provide, during the 60-day public comment period on the draft screening assessment, any information pertaining to the substance 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 this substance is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of claims for exemption

A supplier can file a claim for exemption under the Hazardous Materials Information Review Act (HMIRA) with Health Canada from having to disclose information under the Hazardous Products Act (HPA) and the Hazardous Products Regulations (HPR) that they consider to be confidential business information (CBI) on a safety data sheet (SDS) or label associated with a hazardous product.

An employer can also file a claim for exemption under the HMIRA with Health Canada from having to disclose information under the Canada Labour Code or the provisions of the Accord Act that they consider to be CBI on an SDS or label associated with a hazardous product.

Notice is hereby given of the filing of claims for exemption under the HMIRA listed in the table below.

Lynn Berndt-Weis
Director
Workplace Hazardous Materials Bureau
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch

Claimant

Product Identifier

Subject of the Claim for Exemption

Registry Number

3M Canada Company

3M(TM) SCOTCH-WELD(TM) 3549 B/A URETHANE ADHESIVE (PART A) OR 3M(TM) SCOTCH-WELD(TM) URETHANE ADHESIVE DP-640 (PART A)

C. of one ingredient

03392170

3M Canada Company

3M(TM) Scotch-Weld(TM) Threadlocker TL62, Red

C. of one ingredient

03392171

ChemTreat Inc.

ChemTreat FL3323SK

C.i. and C. of four ingredients

03392172

Nalco Canada ULC

NALCO® EC3038A

C.i. and C. of five ingredients

03392431

Baker Hughes Canada Company

PSS2300 SCALE REMOVER

C.i. and C. of one ingredient

03392519

SIPCO Innovations Inc.

Hyshield

C.i. of one ingredient

03392521

FAIRVILLE PRODUCTS
INC dba FUEL RIGHT

FUEL RIGHT Winter 2.8K

C.i. and C. of two ingredients

03392763

Shell Catalysts & Technologies

CENTERA GT™ Catalyst DC-2655

C.i. of two ingredients

03392764

Halliburton Group Canada

FDP-S1400-20

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

03392765

Baker Hughes Canada Company

PETROSWEET™ HSO3604 HYDROGEN SCAVENGER

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

03392766

3M Canada Company

3M(TM) Hot Melt Adhesive 3731-B, 3731-PG, 3731-Q

C. of one ingredient

03393491

3M Canada Company

3M(TM) SCOTCH-WELD(TM) HOT MELT ADHESIVE 3792LM AE, 3792LM B, 3792LM PG, 3792LM Q, 3792LM TC

C. of one ingredient

03393492

Henkel Corporation

LOCTITE LIOFOL LA 7371

C.i. of one ingredient

03393653

DPS Skis

PHANTOM Permanent Waxless Glide

C.i. and C. of four ingredients

03393654

Shell Catalysts & Technologies

CENTERA GT™ Catalyst DC-2656

C.i. of two ingredients

03393655

Afton Chemical Corporation

HiTEC® 11192 Performance Additive

C.i. of one ingredient

03394527

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

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

December 9, 2020

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Baie Verte and Area Chamber of Commerce

Notice is hereby given that Her Excellency the Governor General in Council, by Order in Council dated October 2, 2020, has been pleased to change the name of the Baie Verte and Area Chamber of Commerce to the Baie Verte Peninsula Chamber of Commerce upon petition made therefore under section 39 of the Boards of Trade Act.

November 24, 2020

Ray Edwards
Director
For the Minister of Industry

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 15

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 15 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71footnote a and 4.9footnote b, paragraphs 7.6(1)(a)footnote c and (b)footnote d and section 7.7footnote e of the Aeronautics Actfootnote f;

Whereas, pursuant to subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f, the Minister of Transport authorized the Deputy Minister of Transport to make an interim order that contains any provision that may be contained in a regulation made under Part I of that Act to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

And whereas, pursuant to subsection 6.41(1.2)footnote g of that Act, the Deputy Minister of Transport has consulted with the persons and organizations that that Deputy Minister considers appropriate in the circumstances before making the annexed Order;

Therefore, the Deputy Minister of Transport, pursuant to subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 15.

Ottawa, December 4, 2020

Michael Keenan
Deputy Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 15

Interpretation

Definitions

1 (1) The following definitions apply in this Interim Order.

aerodrome security personnel
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
air carrier
means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
checked baggage
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (bagages enregistrés)
COVID-19
means the coronavirus disease 2019. (COVID-19)
document of entitlement
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
elevated temperature
means a temperature within the range set out in the standards. (température élevée)
foreign national
means a person who is not a Canadian citizen or a permanent resident and includes a stateless person. (étranger)
non-passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
peace officer
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
Regulations
means the Canadian Aviation Regulations. (Règlement)
restricted area
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
screening officer
has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
standards
means the document entitled the Transport Canada Temperature Screening Standards, published by the Minister, as amended from time to time. (normes)

Interpretation

(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations or the Canadian Aviation Security Regulations, 2012, the Interim Order prevails.

Definition of face mask

(4) For the purposes of this Interim Order, a face mask means any non-medical mask or face covering that meets all of the following requirements:

Face masks — lip reading

(5) Despite paragraph (4)(a), the portion of a face mask in front of a wearer’s lips may be made of transparent material that permits lip reading if

Notification

Federal, provincial and territorial measures

2 (1) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

Quarantine Act Order — other country except United States

(2) A private operator or air carrier operating a flight to Canada departing from any other country except the United States must notify every foreign national boarding the aircraft for the flight that they may be prohibited from entering Canada under the Order made by the Governor General in Council, under the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States).

Quarantine Act Order — United States

(3) A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national boarding the aircraft for the flight that they may be prohibited from entering Canada under the Order made by the Governor General in Council, under the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Quarantine plan

(4) A private operator or air carrier operating a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that the person may be required, under an order made under section 58 of the Quarantine Act, to provide to the Minister of Health, before boarding the aircraft and by the electronic means specified by that Minister, a quarantine plan or contact information.

False declarations

(5) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be liable to a monetary penalty if they provide a confirmation referred to in subsection 3(1), (2) or (3) that they know to be false or misleading.

Confirmation

Federal, provincial and territorial measures

3 (1) Before boarding an aircraft for a flight between two points in Canada or a flight to Canada departing from any other country, every person must confirm to the private operator or air carrier operating the flight that they understand that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

Quarantine Act Order — other country except United States

(2) Before boarding an aircraft for a flight to Canada departing from any other country except the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(2).

Quarantine Act Order — United States

(3) Before boarding an aircraft for a flight to Canada departing from the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(3).

False declaration

(4) A person must not provide a confirmation under subsection (1), (2) or (3) that they know to be false or misleading.

Exception

(5) A competent adult may provide a confirmation referred to in subsection (1), (2) or (3) on behalf of a person who is not a competent adult.

Prohibition

4 A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must not permit a person to board the aircraft for the flight if the person is a competent adult and does not provide a confirmation that they are required to provide under subsection 3(1), (2) or (3).

Foreign Nationals

Prohibition

5 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight that the private operator or air carrier operates to Canada departing from any other country.

Exception

6 Section 5 does not apply to a foreign national who is permitted to enter Canada under an order referred to in subsection 2(2) or (3).

Health Check

Non-application

7 Sections 8 to 10 do not apply to either of the following persons:

Health check

8 (1) A private operator or air carrier must conduct a health check of every person boarding an aircraft for a flight that the private operator or air carrier operates by asking questions to verify whether they exhibit any of the following symptoms:

Notification

(2) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may not be permitted to board the aircraft if

Confirmation

(3) Every person boarding an aircraft for a flight that a private operator or air carrier operates must confirm to the private operator or air carrier that none of the following situations apply to them:

False declaration — obligation of private operator or air carrier

(4) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers, with respect to the health check or a confirmation, that they know to be false or misleading.

False declaration — obligations of person

(5) A person who, under subsections (1) and (3), is subjected to a health check and is required to provide a confirmation must

Exception

(6) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who, under subsections (1) and (3), is subjected to a health check and is required to give a confirmation.

Observations — private operator or air carrier

(7) During the boarding process for a flight that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the aircraft is exhibiting any symptoms referred to in subsection (1).

Prohibition

9 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

Period of 14 days

10 A person who is not permitted to board an aircraft under section 9 is not permitted to board another aircraft for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

Temperature Screening — Flights to Canada

Application

11 (1) Sections 12 to 19 apply to an air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

Non-application

(2) Sections 12 to 19 do not apply to either of the following persons:

Requirement

12 (1) Subject to subsection 19(2), an air carrier must conduct a temperature screening of every person boarding an aircraft for a flight that the air carrier operates. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Second screening

(2) The air carrier must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Notification

13 (1) An air carrier must notify every person boarding an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation

(2) Before boarding an aircraft for a flight, every person must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

14 (1) If the temperature screening conducted under subsection 12(2) indicates that the person has an elevated temperature, the air carrier must

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the air carrier must not permit the person to board the aircraft.

Period of 14 days

15 A person who is not permitted to board an aircraft under section 14 is not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

16 An air carrier must calibrate and maintain the equipment that it uses to conduct temperature screenings under subsection 12(2) to ensure that the equipment is in proper operating condition.

Requirement — training

17 An air carrier must ensure that the person using the equipment to conduct temperature screenings under subsection 12(2) has been trained to operate that equipment and interpret the data that it produces.

Record keeping — equipment

18 (1) An air carrier must keep a record of the following information in respect of each flight it operates:

Record keeping — training

(2) An air carrier must keep a record of the name of every person who has received training under section 17, as well as the contents of the training.

Retention period

(3) The air carrier must retain the records referred to in subsection (1) for a period of 90 days after the day of the flight.

Ministerial access

(4) The air carrier must make the records referred to in subsections (1) and (2) available to the Minister on request.

Definition of authorized person

19 (1) For the purposes of this section, authorized person means a person authorized by a competent authority to conduct temperature screenings at an aerodrome located outside of Canada.

Exception

(2) An air carrier may rely on an authorized person to conduct the temperature screening under subsection 12(1), in which case subsection 12(2) and sections 13, 14, and 16 to 18 do not apply to that air carrier.

Notification

(3) The air carrier must notify every person boarding the aircraft for the flight that they are not permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Period of 14 days

(4) If the temperature screening indicates that a person has an elevated temperature, that person is not permitted to board an aircraft for a flight to Canada for a period of 14 days after the temperature screening, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Equipment

(5) The air carrier must ensure that the equipment used to conduct those temperature screenings is calibrated and maintained so that the equipment is in proper operating condition.

Temperature Screening — Aerodromes in Canada

Definition of screening authority

20 (1) For the purposes of this section and sections 21 to 31, screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

Application

(2) Sections 21 to 31 apply to all of the following persons:

Non-application

(3) Sections 21 to 31 do not apply to any of the following persons:

Requirement

21 A person entering a restricted area within an air terminal building from a non-restricted area within the air terminal building must do so at a passenger screening checkpoint or non-passenger screening checkpoint.

Requirement — temperature screening

22 (1) A screening authority must conduct a temperature screening of every person who presents themselves at a passenger screening checkpoint or non-passenger screening checkpoint within an air terminal building for the purpose of entering a restricted area from a non-restricted area and of every person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Second screening

(2) Following a rest period of 10 minutes, the screening authority must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Notification — consequence of elevated temperature

23 (1) An air carrier must notify every person, other than a crew member, who intends to board an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 22(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation — consequence of elevated temperature

(2) Before passing beyond a passenger screening checkpoint to board an aircraft for a flight, every person other than a crew member must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 22(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

24 (1) If the temperature screening conducted under subsection 22(2) indicates that the person has an elevated temperature, the screening authority must

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the screening authority must deny them entry to the restricted area.

Period of 14 days

25 A person who is denied entry to the restricted area under section 24 is not permitted to enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Denial — person intending to board aircraft

26 (1) If, under section 24, a screening authority denies entry to a restricted area to a person who intends to board an aircraft for a flight, other than a crew member, the screening authority must, for the purpose of paragraph 26(4)(a), notify the air carrier operating the flight that that person has been denied entry to the restricted area and provide the person’s name and flight number to the air carrier.

Denial — person not intending to board aircraft

(2) If, under section 24, a screening authority denies entry to a restricted area to a person who does not intend to board an aircraft for a flight, the screening authority must, for the purpose of subsection 26(5), provide the following information to the operator of the aerodrome:

Denial — crew member

(3) If, under section 24, a screening authority denies entry to a restricted area to a crew member, the screening authority must provide the information referred to in subsection (2) to the air carrier for the purpose of allowing the air carrier to assign a replacement crew member, if necessary.

Denial — air carrier requirements

(4) An air carrier that has been notified under subsection (1) must

Denial — aerodrome operator requirement

(5) The operator of an aerodrome that has been notified under subsection (2) must suspend the person’s restricted area entry privileges for a period of 14 days after the person was denied entry to the restricted area, unless the person provides a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — restricted area

(6) If, under section 24, a screening authority denies entry to a restricted area to a crew member or to a person who does not intend to board an aircraft for a flight, the crew member or that person must not present themselves at a passenger screening checkpoint or non-passenger screening checkpoint at any aerodrome for the purpose of entering a restricted area for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

27 A screening authority must ensure that the equipment that it uses to conduct temperature screenings under section 22 is calibrated and maintained so that the equipment is in proper operating condition.

Requirement — training

28 A screening authority must ensure that the person using the equipment to conduct temperature screenings under section 22 has been trained to operate that equipment and interpret the data that it produces.

Record keeping — equipment

29 (1) A screening authority must keep a record of the following information with respect to any temperature screening it conducts:

Record keeping — training

(2) The screening authority must keep a record of the name of every person who has received training under section 28, as well as the contents of the training.

Ministerial access

(3) The screening authority must make the records referred to in subsections (1) and (2) available to the Minister on request.

Temperature screening facilities

30 The operator of an aerodrome must make facilities available for temperature screening that are accessible without having to enter a restricted area.

Requirement — air carrier representative

31 An air carrier must ensure that the screening authority at the aerodrome has been provided with the name and telephone number of the on-duty representative of the air carrier for the purpose of facilitating the return of checked baggage to persons who are denied entry to a restricted area under section 24.

Face Masks

Non-application

32 (1) Sections 33 to 38 do not apply to any of the following persons:

Face mask readily available

(2) An adult responsible for a child who is at least two years of age but less than six years of age must ensure that a face mask is readily available to the child prior to boarding an aircraft for a flight.

Wearing of face mask

(3) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under section 35 and complies with any instructions given by a gate agent under section 36 if the child

Notification

33 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that the person must

Obligation to possess face mask

34 Every person who is at least six years of age must be in possession of a face mask prior to boarding an aircraft for a flight.

Wearing of face mask — persons

35 (1) Subject to subsections (2) to (3), a private operator or air carrier must require a person to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates.

Exceptions — person

(2) Subsection (1) does not apply

Exceptions — flight deck

(3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:

Compliance

36 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel or a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

37 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

Refusal to comply

38 If, during a flight that a private operator or air carrier operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the private operator or air carrier must

Wearing of face mask — crew member

39 (1) Subject to subsections (2) to (3), a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates.

Exceptions — crew member

(2) Subsection (1) does not apply

Exception — flight deck

(3) Subsection (1) does not apply to a crew member who is a flight crew member when they are on the flight deck.

Wearing of face mask — gate agent

40 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight that the private operator or air carrier operates.

Exceptions

(2) Subsection (1) does not apply

Exception — physical barrier

(3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is separated from any other person by a physical barrier that allows the gate agent and the other person to interact and reduces the risk of exposure to COVID-19.

Deplaning

Non-application

41 (1) Section 42 does not apply to any of the following persons:

Wearing of face mask

(2) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under section 42 if the child

Wearing of face mask — person

42 A person who is on board an aircraft must wear a face mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building, including by a passenger loading bridge.

Screening Authority

Definition of screening authority

43 (1) For the purposes of sections 44 and 47, screening authority means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Non-application

(2) Sections 44 to 47 do not apply to any of the following persons:

Wearing of face mask

(3) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under subsection 44(2) and removes it when required by a screening officer to do so under subsection 44(3) if the child

Requirement — passenger screening checkpoint

44 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint that they must wear a face mask at all times during screening.

Wearing of face mask — person

(2) Subject to subsection (3), a person who is the subject of screening referred to in subsection (1) must wear a face mask at all times during screening.

Requirement to remove face mask

(3) A person who is required by a screening officer to remove their face mask during screening must do so.

Wearing of face mask — screening officer

(4) A screening officer must wear a face mask at a passenger screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is two metres or less from the person being screened.

Requirement — non-passenger screening checkpoint

45 (1) A person who presents themselves at a non-passenger screening checkpoint to enter into a restricted area must wear a face mask at all times.

Wearing of face mask — screening officer

(2) Subject to subsection (3), a screening officer must wear a face mask at all times at a non-passenger screening checkpoint.

Exceptions

(3) Subsection (2) does not apply

Exception — physical barrier

46 Sections 44 and 45 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Prohibition — passenger screening checkpoint

47 (1) A screening authority must not permit a person who has been notified to wear a face mask and refuses to do so to pass beyond a passenger screening checkpoint into a restricted area.

Prohibition — non-passenger screening checkpoint

(2) A screening authority must not permit a person who refuses to wear a face mask to pass beyond a non-passenger screening checkpoint into a restricted area.

Designated Provisions

Designation

48 (1) The provisions of this Interim Order set out in column 1 of Schedule 2 are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(2) The amounts set out in column 2 of Schedule 2 are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.

Notice

(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify

Repeal

49 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 14, made on November 23, 2020, is repealed.

SCHEDULE 1

(Subsection 20(2))

Aerodromes
Name ICAO Location Indicator
Calgary International Airport CYYC
Edmonton International Airport CYEG
Halifax / Robert L. Stanfield International Airport CYHZ
Kelowna International Airport CYLW
Montréal / Pierre Elliott Trudeau International Airport CYUL
Ottawa / Macdonald-Cartier International Airport CYOW
Québec / Jean Lesage International Airport CYQB
Regina International Airport CYQR
Saskatoon / John G. Diefenbaker International Airport CYXE
St. John’s International Airport CYYT
Toronto / Billy Bishop Toronto City Airport CYTZ
Toronto / Lester B. Pearson International Airport CYYZ
Vancouver International Airport CYVR
Victoria International Airport CYYJ
Winnipeg / James Armstrong Richardson International Airport CYWG

SCHEDULE 2

(Subsections 48(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation
Subsection 2(1) 5,000 25,000
Subsection 2(2) 5,000 25,000
Subsection 2(3) 5,000 25,000
Subsection 2(4) 5,000 25,000
Subsection 2(5) 5,000 25,000
Subsection 3(1) 5,000  
Subsection 3(2) 5,000  
Subsection 3(3) 5,000  
Subsection 3(4) 5,000  
Section 4 5,000 25,000
Section 5 5,000 25,000
Subsection 8(1) 5,000 25,000
Subsection 8(2) 5,000 25,000
Subsection 8(3) 5,000  
Subsection 8(4) 5,000 25,000
Subsection 8(5) 5,000  
Subsection 8(7) 5,000 25,000
Section 9 5,000 25,000
Section 10 5,000  
Subsection 12(1)   25,000
Subsection 12(2)   25,000
Subsection 13(1)   25,000
Subsection 13(2) 5,000  
Subsection 14(1)   25,000
Subsection 14(2)   25,000
Section 15 5,000  
Section 16   25,000
Section 17   25,000
Subsection 18(1)   25,000
Subsection 18(2)   25,000
Subsection 18(3)   25,000
Subsection 18(4)   25,000
Subsection 19(3)   25,000
Subsection 19(4) 5,000  
Subsection 19(5)   25,000
Section 21 5,000  
Subsection 22(1)   25,000
Subsection 22(2)   25,000
Subsection 23(1)   25,000
Subsection 23(2) 5,000  
Subsection 24(1)   25,000
Subsection 24(2)   25,000
Section 25 5,000  
Subsection 26(1)   25,000
Subsection 26(2)   25,000
Subsection 26(3)   25,000
Subsection 26(4)   25,000
Subsection 26(5)   25,000
Subsection 26(6) 5,000  
Section 27   25,000
Section 28   25,000
Subsection 29(1)   25,000
Subsection 29(2)   25,000
Subsection 29(3)   25,000
Section 30   25,000
Section 31   25,000
Subsection 32(2) 5,000  
Subsection 32(3) 5,000  
Section 33 5,000 25,000
Section 34 5,000  
Subsection 35(1) 5,000 25,000
Section 36 5,000  
Section 37 5,000 25,000
Section 38 5,000 25,000
Subsection 39(1) 5,000 25,000
Subsection 40(1) 5,000 25,000
Subsection 41(2) 5,000  
Section 42 5,000  
Subsection 43(3) 5,000  
Subsection 44(1)   25,000
Subsection 44(2) 5,000  
Subsection 44(3) 5,000  
Subsection 44(4) 5,000  
Subsection 45(1) 5,000  
Subsection 45(2) 5,000  
Subsection 47(1)   25,000
Subsection 47(2)   25,000

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.

Governor in Council appointment opportunities

Position

Organization

Closing date

Member

Atlantic Pilotage Authority Canada

  

President and Chief Executive Officer

Atomic Energy of Canada Limited

  

Commissioner

British Columbia Treaty Commission

  

Member

Buffalo and Fort Erie Public Bridge Authority

  

Director

Business Development Bank of Canada

  

Director — Board
Risk Committee Chairperson

Business Development Bank of Canada

  

President and Chief Executive Officer

Business Development Bank of Canada

  

President and Chief Executive Officer

Canada Development Investment Corporation

  

Commissioner for Employers

Canada Employment Insurance Commission

  

President and Chief Executive Officer

Canada Lands Company Limited

  

President

Canada Mortgage and Housing Corporation

  

Member of the
Board of Directors

Canada Post

  

President

Canadian Commercial Corporation

  

Member

Canadian Cultural Property Export Review Board

  

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

Canadian Energy Regulator

  

Director

Canadian Energy Regulator

  

Chief Commissioner

Canadian Grain Commission

  

Commissioner

Canadian Grain Commission

  

Federal Housing Advocate

Canadian Human Rights Commission

  

Member

Canadian Human Rights Tribunal

  

Chairperson

Canadian International Trade Tribunal

  

Chairperson

Canadian Museum of History

  

Director

Canadian Museum of History

  

Permanent Member

Canadian Nuclear Safety Commission

  

Chairperson

Canadian Transportation Agency

  

Temporary Member

Canadian Transportation Agency

  

Chief Administrator

Courts Administration Service

  

Director

Farm Credit Canada

  

Chairperson

Federal Public Sector Labour Relations and Employment Board

  

Vice-Chairperson

Federal Public Sector Labour Relations and Employment Board

  

Director

Freshwater Fish Marketing Corporation

  

Chairperson

Great Lakes Pilotage Authority Canada

  

Director (Federal)

Hamilton-Oshawa Port Authority

  

Member, Northwest Territories

Historic Sites and Monuments Board of Canada

  

Member, Yukon

Historic Sites and Monuments Board of Canada

  

Assistant Deputy Chairperson

Immigration and Refugee Board of Canada

  

Commissioner

Impact Assessment Agency of Canada

  

Member
(appointment to
roster)

International Trade and International Investment Dispute Settlement Bodies

  

Chairperson

The Jacques Cartier and Champlain Bridges Incorporated

  

Chairperson

Laurentian Pilotage Authority Canada

  

Chairperson

Military Police Complaints Commission of Canada

  

Member

Military Police Complaints Commission of Canada

  

Director (Federal)

Nanaimo Port Authority

  

Member

National Arts Centre Corporation

  

Secretary

National Battlefields Commission

  

Member

National Seniors Council

  

Member

Natural Sciences and Engineering Research Council of Canada

  

Commissioner and Director

Office of the Commissioner of Indigenous Languages

  

Member

Payments in Lieu of Taxes Dispute Advisory Panel

  

Director

Public Sector Pension Investment Board

  

Commissioner

Roosevelt Campobello International Park Commission

  

Member

Social Sciences and Humanities Research Council of Canada

  

President

Social Sciences and Humanities Research Council of Canada

  

Registrar

Supreme Court of Canada

  

Member

Telefilm Canada

  

Chairperson and Member

Transportation Appeal Tribunal of Canada

  

Member

Transportation Appeal Tribunal of Canada

  

Vice-Chairperson

Transportation Appeal Tribunal of Canada