Canada Gazette, Part I, Volume 155, Number 25: GOVERNMENT NOTICES

June 19, 2021

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent concerning Significant New Activity Notice Nos. 9350a, 12623, 12814, 14612, 17329, EAU-464, EAU-666, EAU-667 and EAU-668

Whereas the nine living organisms set out in this Notice are not specified on the Domestic Substances List;

Whereas the Minister of the Environment previously published notices in the Canada Gazette, Part I, to indicate that subsection 106(4) of the Canadian Environmental Protection Act, 1999footnote 1 applies to those living organisms;footnote 2,footnote 3,footnote 4,footnote 5,footnote 6,footnote 7,footnote 8,footnote 9,footnote 10

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed additional information pertaining to those living organisms;

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

And whereas the ministers no longer suspect that the information concerning a significant new activity in relation to the six remaining living organisms may contribute to determining the circumstances in which these living organisms are toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999;

Therefore, the Minister of the Environment hereby proposes to vary Significant New Activity Notice Nos. 12623, 17329, and EAU-666, and proposes to rescind Significant New Activity Notice Nos. 9350a, 12814, 14612, EAU-464, EAU-667, and EAU-668 pursuant to subsection 110(2) of the Canadian Environmental Protection Act, 1999, in accordance with the following Annexes.

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 through Environment and Climate Change Canada's Single Window, sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, or by email to eccc.substances.eccc@canada.ca.

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

Marc D'Iorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment

ANNEX

1. The Significant New Activity Notice No. 12623 is proposed to be replaced by the following:

Column 1

Living organism

Column 2

Significant New Activity for which living organism is subject to subsection 106(4) of the Act

Shewanella putrefaciens strain AB3-01

1. In relation to the living organism identified as Shewanella putrefaciens strain AB3-01, a significant new activity is any activity involving the living organism that does not include use of the living organism in a contained facility, as defined in subsection 1(1) of the New Substances Notification Regulations (Organisms), for arsenic removal from mine tailings pond water where

  • (a) effluents are disinfected to inactivate 99.999% of the living organism prior to their discharge; and
  • (b) backwash solids containing reduced arsenic are disinfected by liming at a pH of 12 for a minimum of 2 hours to inactivate the living organism prior to their disposal.

2. Section 1 does not include the following activities:

  • (a) if Shewanella putrefaciens strain AB3-01 is loaded on a carrier outside of Canada, moving it through Canada to a location outside Canada, whether or not there is a change of carrier during transit; and
  • (b) the use of Shewanella putrefaciens strain AB3-01 as a research and development organism, as defined in subsection 1(1) of New Substance Notification Regulations (Organisms), if
    • (i) the organism is not for introduction outside of a contained facility and the conditions set out under paragraphs 2(3)(a) and (b) of those Regulations are met, or
    • (ii) the organism is for introduction in an agricultural research study conducted on plants and the conditions set out in paragraphs 2.1(1)(a) to (e) of those Regulations are met.

3. For each proposed significant new activity, the following information must be provided to the Minister at least 120 days before the day on which activity begins:

  • (a) a description of the significant new activity in relation to the living organism;
  • (b) a description of the mode of action of the living organism in relation to the significant new activity;
  • (c) a description of any method other than those referred to in paragraphs 1(a) and 1(b) above for disinfecting effluents prior to their discharge, or wastes prior to their disposal, and the efficacy of that method;
  • (d) all other information and test data in respect of the living organism 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 hazards of the living organism to the environment and human health and the degree of environmental and public exposure to the living organism;
  • (e) 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 living organism 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 living organism imposed by the department or agency;
  • (f) 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;
  • (g) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the head of the quality assurance unit of every laboratory that developed test data or a report that is provided under this section; and
  • (h) 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.

4. The information provided under section 3 is to be assessed within 120 days after the day on which it is received by the Minister.

2. The Annex to Significant New Activity Notice No. 17329 is proposed to be replaced by the following:

Column 1

Living organism

Column 2

Significant New Activity for which living organism is subject to subsection 106(4) of the Act

Pichia
species
strain

1. In relation to the living organism identified as Pichia species strain, a significant new activity is any activity involving the living organism, other than its use within a contained facility as this expression is defined in subsection 1(1) of the New Substances Notification Regulations (Organisms) where the containment of the living organism meets the requirements for containment level 1 large scale or greater as defined in the Canadian Biosafety Standard, 2nd Edition, published in 2015, and the Canadian Biosafety Guideline: Containment Level 1: Physical Design and Operational Practices, published in 2017, both developed by the Public Health Agency of Canada and the Canadian Food Inspection Agency, as amended from time to time and where

  • (a) the biomass containing the living organism is treated to produce a minimum of 7 log reduction in viable organisms;
  • (b) the efficacy of the reduction in viable organisms following treatment of the biomass containing the living organism is assessed per batch by standard microbiological techniques;
  • (c) the waste water containing the living organism is treated at a minimum of 55°C for a minimum of 20 hours prior to its release; and
  • (d) the biomass containing the living organism is disposed of by incineration or in a landfill regulated under a Canadian federal, provincial or territorial statute or under a U.S. federal or state statute.

2. Section 1 does not include the following activities:

  • (a) if Pichia species strain is loaded on a carrier outside of Canada, moving it through Canada to a location outside Canada, whether or not there is a change of carrier during transit; and
  • (b) the use of Pichia species strain as a research and development organism, as defined in subsection 1(1) of New Substance Notification Regulations (Organisms), if
    • (i) the organism is not for introduction outside of a contained facility and the conditions set out under paragraphs 2(3)(a) and (b) of those Regulations are met, or
    • (ii) the organism is for introduction in an agricultural research study conducted on plants and the conditions set out in paragraphs 2.1(1)(a) to (e) of those Regulations are met.

3. For each proposed significant new activity, the following information must be provided to the Minister at least 120 days before the day on which the activity begins:

  • (a) a description of the significant new activity in relation to the living organism;
  • (b) if known, a description of the equipment and methods of manufacture and of the quality control and quality assurance procedures;
  • (c) a description of the nature of the potential releases of the living organism where the significant new activity will be conducted, including the method by which the organism may be released, the quantity, frequency and duration of the potential releases and the procedures to prevent releases;
  • (d) an estimation of the quantity of the living organism that will be used in Canada in any 12-month period for the significant new activity;
  • (e) a description of the closed process equipment and methods used to monitor the integrity of containment of the viable cultures containing the living organism;
  • (f) a description of the procedures used to inactivate the biomass, waste water and fermentation off-gas containing the living organism and data from tests to determine the effectiveness of these procedures;
  • (g) a description of the methods of disposal for the inactivated waste biomass at the end of the fermentation process;
  • (h) the test data and test report, in respect of the living organism, conducted in conformity with the methodology described in the following guideline that is current at the time the test data are developed: Environment and Climate Change Canada report EPS 1/RM/44 titled Guidance Document for Testing the Pathogenicity and Toxicity of New Microbial Substances to Aquatic and Terrestrial Organisms to determine the effects of the living organism on:
    • (i) aquatic plants and invertebrate and vertebrate aquatic species likely to be exposed to it in the course of the significant new activity, and
    • (ii) terrestrial plants and invertebrate and vertebrate terrestrial species likely to be exposed to it in the course of the significant new activity;
  • (i) a description of the test procedures followed in developing the test data mentioned in paragraph (h), including a description or copy of test methods and of the quality control and quality assurance procedures followed in developing the test data;
  • (j) a description of the involvement of the living organism in adverse ecological effects;
  • (k) a description of the potential adverse environmental impacts of the living organism that could affect the conservation and sustainable use of biological diversity;
  • (l) all other information and test data in respect of the living organism 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 hazards of the living organism to the environment and human health and the degree of environmental and public exposure to the living organism;
  • (m) 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 living organism 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 living organism imposed by the department or agency;
  • (n) 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;
  • (o) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the head of the quality assurance unit of every laboratory that developed test data or a report that is provided under this section; and
  • (p) 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.

4. The information provided under section 3 is to be assessed within 120 days after the day on which it is received by the Minister.

3. The Annex to Significant New Activity Notice No. EAU-666 is proposed to be replaced by the following:

Column 1

Living organism

Column 2

Significant New Activity for which living organism is subject to subsection 106(4) of the Act

Vaccinia virus (TBC-Wy; NYCBH strain) with modified PSA, B7.1, ICAM-1, LFA-3

1. In relation to the living organism Vaccinia virus (TBC-Wy; NYCBH strain) with modified PSA, B7.1, ICAM-1, LFA-3, a significant new activity is any activity involving the living organism, other than its use as immunotherapy in a health care establishment where World Health Organization Standard Precautions in Health Care are applied, as well as measures to prevent its release into the environment, including subcutaneous injection, bandaging of the vaccination site using a semi-permeable occlusive bandage, collection of unused living organisms and any items that have come into contact with the living organism, and their disposal as hazardous waste following applicable laws.

2. Section 1 does not include the following activities:

  • (a) if Vaccinia virus (TBC-Wy; NYCBH strain) with modified PSA, B7.1, ICAM-1, LFA-3 is loaded on a carrier outside of Canada, moving it through Canada to a location outside Canada, whether or not there is a change of carrier during transit; and
  • (b) the use of Vaccinia virus (TBC-Wy; NYCBH strain) with modified PSA, B7.1, ICAM-1, LFA-3 as a research and development organism, as defined in subsection 1(1) of New Substance Notification Regulations (Organisms), if
    • (i) the organism is not for introduction outside of a contained facility and the conditions set out under paragraphs 2(3)(a) and (b) of those Regulations are met, or
    • (ii) the organism is for introduction in an agricultural research study conducted on plants and the conditions set out in paragraphs 2.1(1)(a) to (e) of those Regulations are met.

3. For each proposed significant new activity, the following information must be provided to the Minister at least 120 days before the day on which the activity begins:

  • (a) a description of the significant new activity in relation to the living organism;
  • (b) the identification of locations where the living organism is used in the course of the significant new activity;
  • (c) the concentration of the living organism in the formulation;
  • (d) a description of the viability of the living organism in the formulation;
  • (e) a description of any recommended storage and disposal procedures;
  • (f) an estimation of the quantity of the living organism that will be used in the course of the significant new activity;
  • (g) if known, a description of the equipment and methods of manufacture and a description of the quality control and quality assurance procedures;
  • (h) description of the locations where the living organism is used in the course of the significant new activity;
  • (i) a description of the nature of potential releases of the living organism from locations where the living organism is imported, used or manufactured, in the course of the significant new activity, as the case may be, and a description of the procedures to control releases;
  • (j) a description of the procedures for the treatment and disposal of wastes containing the living organism from locations where the living organism is used in Canada in the course of the significant new activity;
  • (k) a description of the procedures for the introduction of the living organism, including
    • (i) the method of application,
    • (ii) the quantity, frequency and duration of application, and
    • (iii) any activities associated with the introduction;
  • (l) a description of any contingency plans in the event of an accidental release;
  • (m) the identification of the plant and animal species likely to be exposed to the living organism in the course of the significant new activity;
  • (n) the living organism's potential for recombination with other viruses and conditions likely to favour it;
  • (o) any documented involvement of the living organism in adverse human health effects that is in the possession of the person who intends to use the living organism for the proposed significant new activity, or to which they have access, and a description of the characteristics of the living organism that distinguish it from known pathogens;
  • (p) a description of the potential for adverse immunologic reactions in persons exposed to the living organism;
  • (q) the estimated number of persons who may in the course of the significant new activity become exposed and the degree of their exposure to the living organism;
  • (r) all other information and test data in respect of the living organism 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 hazards of the living organism to the environment and human health and the degree of environmental and public exposure to the living organism;
  • (s) 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 living organism 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 living organism imposed by the department or agency;
  • (t) 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;
  • (u) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the head of the quality assurance unit of every laboratory that developed test data or a report that is provided under this section; and
  • (v) 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.

4. The information provided under section 3 is to be assessed within 120 days after the day on which it is received by the Minister.

EXPLANATORY NOTE

(This explanatory note is not part of the notice of intent.)

Description

The notice of intent (NOI) provides an opportunity for the public to comment on the proposed variations to the significant new activity (SNAc) requirements of the Canadian Environmental Protection Act, 1999 (CEPA) for three living organisms, and the proposed rescissions to the SNAc requirements for six living organisms proposed in this notice, pursuant to subsection 106(4) of that Act.

In January 2015, a public commitment was made by the Department of the Environment and the Department of Health to review all SNAc requirements that were adopted between 2001 and 2014.footnote 11 The purpose of the review is to ensure that SNAc requirements are consistent with current information, policies and approaches.footnote 12 Resulting changes to SNAc requirements are expected to provide greater clarity of scope and improved ease of compliance, while protecting Canadians and their environment.

As a result of the review, it is proposed that the SNAc requirements for three living organisms should be revised to reflect current terminology and include updated language for clarity and consistency. The review also determined that the SNAc requirements for six living organisms are to be rescinded, since the risks of these organisms to human health and the environment are negligible to low or are currently managed sufficiently under other acts.

Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment (the Minister). These comments will be taken into consideration during the development of the Notice varying the SNAc requirements for the three living organisms and rescinding the SNAc requirements for the six living organisms.

Current SNAc requirements remain in effect until such time as the variations and rescissions proposed in this NOI are published as a final notice in the Canada Gazette, Part I.

Applicability of the proposed Significant New Activity Notice

At this time, it is proposed that the Notice would require any person (individual or corporation) engaging in a significant new activity in relation to the three living organisms proposed in this notice to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Notice at least 120 days before the proposed SNAc is to begin.

Examples of potential activities with respect to these living organisms requiring a SNAN submission would include the following:

The proposed rescission of SNAc requirements for two of the six remaining living organisms in this notice is due to limited current uses, the absence of any other potential use and the low potential for exposure. It is proposed to rescind the SNAc requirements for SNAc Nos. 9530a, 14612 and 12814 since any activity with the living organisms outside of a contained facility will still require re-notification and assessment under the New Substances Notification Regulations (Organisms). The term “contained facility” is defined in subsection 1(1) of the New Substances Notification Regulations (Organisms). It is proposed to rescind the SNAc requirements for SNAc No. 14612 since the living organism is now sufficiently regulated under other acts.

Activities not subject to the proposed Notice

The proposed Notice would not apply to uses of the living organism that are regulated under the Acts of Parliament listed in Schedule 4 of CEPA, i.e. the Pest Control Products Act, the Seeds Act, the Fertilizers Act, the Feeds Act, and the Health of Animals Act. The Notice would also not apply to impurities and contaminants related to the preparation of the living organism or, in some circumstances, to items such as, but not limited to, wastes, mixtures, or manufactured items. However, it should be noted that the individual components of a mixture may be subject to notification under the Notice. See subsection 106(6) and section 3 of CEPA, and section 2 of the Guidelines for the Notification and Testing of New Substances: Organisms for additional information on the activities and conditions described above.

Examples of potential activities with respect to these living organisms not requiring a SNAN submission would include the following:

The activities involving the use of the living organisms referred to in SNAc Nos. 12623, 17329 and EAU-666 as research and development micro-organisms or research and development micro-organisms in an agricultural research study would not require the submission of a SNAN, as these activities are not expected to result in exposure to the general population or the environment in Canada. The terms “research and development micro-organism” and “research and development micro-organism in an agricultural research study” are defined in subsection 2(3) and section 2.1 of the New Substances Notification Regulations (Organisms), respectively.

Information to be submitted

The NOI sets out the proposed requirements for information that would have to be provided to the Minister 120 days before the day on which the proposed SNAc is to begin. 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 120 days after the complete information is received.

The information requirements in the proposed Notice relate to general information in respect of the living organisms, details surrounding their use, and exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Organisms).

Additional guidance on preparing a SNAN can be found in section 7 of the Guidelines for the Notification and Testing of New Substances: Organisms.

Compliance

When assessing whether or not a living organism is subject to SNAc provisions,footnote 13 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 living organism, mixture, or product are expected to have access to import records, usage information, and the relevant safety data sheet (SDS).footnote 14

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, but that the SDS may not include information on microbial hazards. Therefore, an SDS may not list all product ingredients or microbial constituents that may be subject to a Notice due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If information becomes available that reasonably supports the conclusion that the living organism identified in this proposed Notice 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 living organism is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

In cases where a person receives possession and control of a living organism from another person, they may not be required to submit a SNAN, under certain conditions, if the activities were covered by a SNAN submitted by the supplier on behalf of its clients.

Any person who transfers the physical possession or control of a living organism subject to a notice should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Notice, including the obligation to notify the Minister of any SNAc and to provide all the required information outlined above.

A pre-notification consultation (PNC) is available 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, 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 15

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

Notice of intent to amend the Domestic Substances List under subsection 112(3) of the Canadian Environmental Protection Act, 1999

Whereas the six living organisms set out in this notice are specified on the Domestic Substances List;footnote 16

Whereas the Minister of the Environment has previously published orders in the Canada Gazette, Part II, pursuant to subsection 112(3) of the Canadian Environmental Protection Act, 1999 (CEPA),footnote 1 amending the Domestic Substances List to indicate that subsection 106(3) of that Act applies to those living organisms;footnote 17,footnote 18,footnote 19,footnote 20,footnote 21,footnote 22

Whereas the Minister of the Environment and the Minister of Health (the ministers) suspect that the information concerning a significant new activity in relation to Pseudomonas fluorescens ATCC 13525 and KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S may contribute to determining the circumstances in which these living organisms are toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999;

And whereas the ministers no longer suspect that the information concerning a significant new activity in relation to the four remaining living organisms set out in this notice may contribute to determining the circumstances in which these living organisms are toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999;

Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 112(3) of the Canadian Environmental Protection Act, 1999, by varying or rescinding the significant new activities in relation to those living organisms 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, Quebec K1A 0H3, or by email to eccc.substances.eccc@canada.ca.

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

Marc D'Iorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment

ANNEX

1. Column 2 of Part 6 of the Domestic Substances List, opposite the reference to the living organism Pseudomonas fluorescens ATCC 13525 S′, is proposed to be replaced by the following:

Column 1

Living organism

Column 2

Significant new activity for which living organism is subject to subsection 106(3) of the Act

Pseudomonas fluorescens ATCC 13525 S'

1. In relation to the living organism Pseudomonas fluorescens ATCC 13525

  • (a) the use of the living organism in a health care facility such as a hospital, doctor's office, walk-in clinic, mobile health clinic, long-term care facility and nursing home; or
  • (b) the use of the living organism in a blood donor clinic, including a blood donor clinic in a vehicle or a public space.

2. Section 1 does not include the following activities:

  • (a) if Pseudomonas fluorescens is loaded on a carrier outside of Canada, moving it through Canada to a location outside Canada, whether or not there is a change of carrier during transit; and
  • (b) the use of Pseudomonas fluorescens as a research and development organism, as defined in subsection 1(1) of the New Substances Notification Regulations (Organisms), if
    • (i) the organism is not for introduction outside of a contained facility and the conditions set out under paragraphs 2(3)(a) and (b) of those Regulations are met; or
    • (ii) the organism is for introduction in an agricultural research study conducted on plants and the conditions set out in paragraphs 2.1(1)(a) to (e) of those Regulations are met.

3. For each proposed significant new activity, the following information must be provided to the Minister at least 120 days before the day on which the activity begins:

  • (a) a description of the significant new activity in relation to the living organism;
  • (b) the information specified in paragraphs 1(a) and (g), sections 2 and 3, paragraph 6(e) and section 7 of Schedule 1 to the New Substances Notification Regulations (Organisms);
  • (c) all other information and test data in respect of the living organism 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 hazards of the living organism to the environment and human health and the degree of environmental and public exposure to the living organism;
  • (d) 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 living organism 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 living organism imposed by the department or agency;
  • (e) 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;
  • (f) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the head of the quality assurance unit of every laboratory that developed test data included in the information; and
  • (g) 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.

4. The above information is to be assessed within 120 days after the day on which it is received by the Minister.

2. Column 2 of Part 6 of the Domestic Substances List, opposite the reference to the living organism KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S, is proposed to be replaced by the following:

Column 1

Living organism

Column 2

Significant new activity for which living organism is subject to subsection 106(3) of the Act

KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S

1. In relation to the living organism KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S, any activity other than the use of the living organism for injection into contaminated groundwater.

2. Section 1 does not include the following activities:

  • (a) if KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S is loaded on a carrier outside of Canada, moving it through Canada to a location outside Canada, whether or not there is a change of carrier during transit; and
  • (b) the use of KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S as a research and development organism, as defined in subsection 1(1) of the New Substances Notification Regulations (Organisms), if
    • (i) the organism is not for introduction outside of a contained facility and the conditions set out under paragraphs 2(3)(a) and (b) of those Regulations are met; or
    • (ii) the organism is for introduction in an agricultural research study conducted on plants and the conditions set out in paragraphs 2.1(1)(a) to (e) of those Regulations are met.

3. For each proposed significant new activity, the following information must be provided to the Minister at least 120 days before the day on which the activity begins:

  • (a) a description of the significant new activity in relation to the living organism;
  • (b) the information specified in paragraphs 3(a), (d) to (f), 4(a), (c), and (d) of Schedule 1 of the New Substances Notification Regulations (Organisms);
  • (c) the test data and test reports, in respect of the living organism, conducted in conformity with the methodology described in the following guideline that is current at the time the test data are developed: Environment and Climate Change Canada report EPS 1/RM/44 titled Guidance Document for Testing the Pathogenicity and Toxicity of New Microbial Substances to Aquatic and Terrestrial Organisms to determine the effects of the living organism on a terrestrial invertebrate and vertebrate species likely to be exposed to it in the course of the significant new activity;
  • (d) if known, a description of the equipment and methods of manufacture and of quality control and quality assurance procedures;
  • (e) all other information and test data in respect of the living organism 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 hazards of the living organism to the environment and human health and the degree of environmental and public exposure to the living organism;
  • (f) 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 living organism 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 living organism imposed by the department or agency;
  • (g) 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;
  • (h) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the head of the quality assurance unit of every laboratory that developed test data included in the information; and
  • (i) 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.

4. The above information is to be assessed within 120 days after the day on which it is received by the Minister.

3. Part 6 of the Domestic Substances List is proposed to be amended by deleting the following from Column 1 and by deleting the text in column 2 opposite to these names:

Saccharomyces cerevisiae expressing pyruvate formate lyase activating enzyme, pyruvate formate lyase, and bifunctional acetaldehyde-CoA/alcohol dehydrogenase from Bifidobacterium adolescentis and a glucoamylase from Saccharomycopsis fibuligera S

4. Part 5 of the List is proposed to be amended by adding the following in alphabetical order:

Saccharomyces cerevisiae expressing pyruvate formate lyase activating enzyme, pyruvate formate lyase, and bifunctional acetaldehyde-CoA/alcohol dehydrogenase from Bifidobacterium adolescentis and a glucoamylase from Saccharomycopsis fibuligera

COMING INTO FORCE

5. The Order comes 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 amendments to the Domestic Substances List (DSL) to vary the significant new activity (SNAc) requirements of the Canadian Environmental Protection Act, 1999 (CEPA) for two living organisms and rescind the SNAc requirements for four living organisms, pursuant to subsection 112(3) of the Act.

In January 2015, a public commitment was made by the Department of the Environment and the Department of Health to review all SNAc requirements that were adopted between 2001 and 2014.footnote 11 The purpose of the review is to ensure that SNAc requirements are consistent with current information, policies and approaches.footnote 12 Resulting changes to SNAc requirements are expected to provide greater clarity of scope and improved ease of compliance, while protecting Canadians and their environment.

As a result of the review, it is proposed that the SNAc requirements for two living organisms should be revised to reflect current terminology and include updated language for clarity and consistency. The review also determined that the SNAc requirements for four living organisms should be rescinded, since the risks of these living organisms to human health and the environment are negligible to low or are currently managed sufficiently under other acts.

Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment (the Minister). These comments will be taken into consideration during the development of the Order amending the DSL to vary the SNAc requirements to the two living organisms and rescind the SNAc requirements to the remaining four living organisms.

The DSL amendments are not in force until the Order is adopted by the Minister pursuant to subsection 112(3) of CEPA. The Order must be published in the Canada Gazette, Part II.

Applicability of the proposed Order

At this time, it is proposed that the Order amending the DSL would require any person (individual or corporation) engaging in a significant new activity in relation to either Pseudomonas fluorescens ATCC 13525 or KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S, to submit a SNAc Notification (SNAN) containing all of the information prescribed in the Order at least 120 days before the proposed SNAc is to begin.

Examples of potential activities with respect to these living organisms requiring a SNAN submission would include the following:

The SNAc requirements for the four remaining living organisms in this notice are proposed to be rescinded, as toxicity assessments conducted by Health Canada and Environment and Climate Change Canada indicated that the risks to human health and environment of the Saccharomyces cerevisiae strain are negligible to low, and the three strains of Pseudomonas aeruginosa are now sufficiently regulated under other acts.

Activities not subject to the proposed Order

The proposed Order would not apply to uses of the living organisms that are regulated under the Acts of Parliament listed in Schedule 4 of CEPA, i.e. the Pest Control Products Act, the Seeds Act, the Fertilizers Act, the Feeds Act, and the Health of Animals Act. The Order would also not apply to impurities and contaminants related to the preparation of the living organism or, in some circumstances, to items such as, but not limited to, wastes, mixtures, or manufactured items. However, it should be noted that the individual components of a mixture may be subject to notification under the Order. See subsection 106(6) and section 3 of CEPA, and section 2 of the Guidelines for the Notification and Testing of New Substances: Organisms for additional information on the activities and conditions described above.

The use of the living organisms KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S and Pseudomonas fluorescens ATCC 13525 as research and development micro-organisms or research and development micro-organisms in an agricultural research study conducted on plants and the conditions set out in paragraphs 2.1(1)(a) to (e) of the New Substances Notification Regulations (Organisms) would not require the submission of a SNAN, as these activities are not expected to result in exposure to the general population or the environment in Canada. The terms “research and development micro-organism” and “research and development micro-organism in an agricultural research study” are defined in subsection 2(3) and section 2.1 of the New Substances Notification Regulations (Organisms), respectively.

Information to be submitted

The NOI sets out the proposed requirements for information that would have to be provided to the Minister 120 days before the day on which the living organisms are imported, manufactured, or used for a SNAc. 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 120 days after the complete information is received.

The information requirements in the proposed Order relate to general information in respect of the living organisms, details surrounding their use, and exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Organisms).

Additional guidance on preparing a SNAN can be found in section 7 of the Guidelines for the Notification and Testing of New Substances: Organisms.

Compliance

When assessing whether or not a living organism is subject to SNAc provisions,footnote 13 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 may reasonably be expected to have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a living organism, mixture, or product are expected to have access to import records, usage information and the relevant safety data sheet (SDS).footnote 14

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, but the SDS may not include information on microbial hazards. Therefore, an SDS may not list all product ingredients or microbial constituents 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 living organism is toxic or capable of becoming toxic, the person who is in possession or has knowledge of the information and is involved in activities with the living organism is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

In cases where a person receives possession and control of a living organism from another person, they may not be required to submit a SNAN, under certain conditions, if the activities were covered by a SNAN submitted by the supplier on behalf of its client.

Any person who transfers the physical possession or control of a living organism 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 SNAc and to provide all the required information outlined above.

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

Where a person has questions concerning their obligations to comply with a notice or order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to contact the Substances Management Information Line.footnote 15

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 HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed Guidelines for Canadian Drinking Water Quality for Dimethoate and Omethoate

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the Proposed Guidelines for Canadian Drinking Water Quality for Dimethoate and Omethoate. The technical document for this guideline is available from June 19, 2021, to August 18, 2021, on the Health Canada consultation web page. 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 by email to HC.water-eau.SC@canada.ca.

June 19, 2021

David Morin
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Proposed guideline value

A maximum acceptable concentration (MAC) of 0.02 mg/L (20 μg/L) is proposed for dimethoate in drinking water.

The toxicological effects of dimethoate are the result of omethoate, its oxygen analogue metabolite (oxon). Since omethoate can be formed through the environmental degradation of dimethoate or during treatment of water containing dimethoate, an additive approach should be taken in which the sum of the detected concentrations of dimethoate and omethoate (expressed as a dimethoate equivalent value) does not exceed the MAC for dimethoate.

Executive summary

This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and is based on assessments of dimethoate (which included an assessment of omethoate) completed by Health Canada's Pest Management Regulatory Agency and supporting documents.

Exposure

Canadians can be exposed to dimethoate through their diet, through occupational exposure and, to a lesser extent, through drinking water. Dimethoate is a broad spectrum organophosphate pesticide used to control a wide range of insects and mites on agricultural and non-agricultural sites. In 2018 (the most recent year for which data are available), more than 25 000 kg of dimethoate as active ingredient was sold in Canada. Dimethoate can be released into the environment as spray drift during application. Although water-soluble, it rapidly breaks down and is non-persistent in the environment; therefore, it is unlikely to contaminate groundwater.

Dimethoate is not usually found in drinking water sources in Canada, although low levels of dimethoate have been found in a few Canadian provinces. The maximum reported concentration was well below the proposed MAC.

Omethoate is a breakdown product of dimethoate in the environment. It is also produced during treatment of source water containing dimethoate. However, limited Canadian water monitoring data did not report any omethoate samples above the detection limit.

Health effects

Dimethoate primarily targets the nervous system through its metabolite, omethoate, which is more toxic than dimethoate. Dimethoate has also been found to cause increased offspring deaths in animals.

Analytical and treatment considerations

The development of drinking water guidelines takes into consideration the ability to both measure the contaminant and remove it from drinking water supplies. Several analytical methods are available for measuring dimethoate and omethoate in drinking water at concentrations well below the proposed MAC.

At the municipal level, treatment technologies that are available to effectively decrease dimethoate from drinking water include activated carbon adsorption, oxidation, membrane filtration and biological processes. These treatment technologies are capable of achieving treated water concentrations well below the proposed MAC. Although dimethoate may be removed using common oxidants used for disinfection (e.g. chlorine), utilities should ensure that they minimize the formation of by-products, such as omethoate, without compromising the effectiveness of disinfection.

In cases where dimethoate removal is desired at a small or household level, for example, when the drinking water supply is from a private well, a residential drinking water treatment unit may be an option. Although there are no treatment units currently certified for the removal of dimethoate from drinking water, activated carbon adsorption and reverse osmosis technologies are expected to be effective. Since these technologies do not result in the formation of omethoate, only removal of dimethoate is needed at the residential scale. When using a residential drinking water treatment unit, it is important to take samples of water entering and leaving the treatment unit and to send them to an accredited laboratory for analysis to ensure that adequate dimethoate removal is occurring.

Application of the guidelines

Note: Specific guidance related to the implementation of drinking water guidelines should be obtained from the appropriate drinking water authority.

The proposed guideline value for dimethoate and the additive approach for omethoate are protective against health effects from exposure to dimethoate and omethoate in drinking water over a lifetime. Any exceedance of the proposed MAC should be investigated and followed by the appropriate corrective actions, if required. For exceedances in source water where there is no treatment in place, additional monitoring to confirm the exceedance should be conducted. If it is confirmed that source water dimethoate concentrations are above the proposed MAC, an investigation to determine the most appropriate means to reduce exposure to dimethoate should be conducted. These means may include use of an alternate water supply or installation of treatment. Where treatment is already in place and an exceedance occurs, an investigation should be conducted to verify treatment and to determine whether adjustments are needed to lower the treated water concentration below the proposed MAC. When oxidation processes are used to degrade dimethoate, omethoate monitoring should also be conducted to ensure that the sum of their concentrations, calculated using the additive approach, is below the MAC.

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions and orders on claims for exemption

A supplier can file a claim for exemption with Health Canada under the Hazardous Materials Information Review Act (HMIRA) 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 Accord Act, that they consider to be CBI on an SDS or label associated with a hazardous product.

Notice is hereby given of the decisions and orders on the validity of each claim for exemption, as well as the compliance of the relevant SDS and label (where applicable) with the HPA and the HPR. The details related to decisions that were found to be valid and the corrective measures that have been implemented voluntarily will not be published. Should a claimant, the general public, or anyone involved in the use or supply of hazardous products in the workplace wish to review or have concerns about a specific product, the corrective measures for the claim will be made available (in the official language of preference) upon request by contacting the Workplace Hazardous Materials Bureau by email at hc.whmis.claim-demande.simdut.sc@canada.ca.

However, information on orders issued and the associated non-compliances are provided in the tables contained in this notice (where applicable).

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

On March 18, 2020, the HMIRA was amended. Certain requirements were changed and provisions were updated to reflect the new HMIRA. The appeals process under the HMIRA has been removed and the related Hazardous Materials Information Review Act Appeal Board Procedures Regulations were repealed. The claimant name on which a decision was issued for the following claim is different from the claimant name that was published in the Notice of Filing.

Registry number Notice of Filing publication date Original claimant name New claimant name
10233 2016-11-05 Nalco Canada ULC ChampionX Canada ULC
10675 2017-01-28 Exaltexx Inc. Advancing Chemistry Inc.

The subject of the claim on which a decision was issued for the following claims is different from the subject of the claim that was published in the Notice of Filing.

Registry number Notice of Filing publication date Original subject of the claim Revised subject of the claim
10233 2016-11-05 C.i. and C. of three ingredients, C. of two ingredients C.i. of three ingredients
11478 2017-07-08 C.i. and C. of four ingredients and C. of three ingredients C.i. and C. of four ingredients, C. of two ingredients

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

Claims for exemption that are found to be valid and for which all corrective measures were implemented voluntarily

Each of the claims for exemption listed in the table below was found to be valid. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. Furthermore, based on the information elements reviewed by Health Canada, non-compliances with the provisions of the HPA and HPR were identified for the SDS or label associated with the claim for exemption. The claimant was given an opportunity to address these non-compliances and all the corrective measures were implemented voluntarily.

Registry number Claimant Product Identifier Date of decision Date of compliance
10044 Innospec Fuel Specialties LLC OGI-8517 2021-03-30 2021-04-30
10233 ChampionX Canada ULC FHE4250 2021-03-29 2021-05-26
10568 Nalco Canada ULC Froth Pro™ 610 2021-03-31 2021-05-26
10675 Advancing Chemistry Inc. SPA - Safe Performance Acid 2021-03-29 2021-04-30
11193 Dow Chemical Canada ULC UCARSOL(R) Solvent Component DHM 2019-12-12 2021-04-30
11427 Schlumberger Canada Limited KI-3126 2021-03-31 2021-05-26
11478 Schlumberger Canada Limited W063 2021-03-31 2021-05-18
12141 Nalco Canada ULC Collect-Ore C122 2021-03-31 2021-05-26
12151 Nalco Canada ULC Collect-Ore C110 2021-03-31 2021-05-26
12200 Diacon Technologies Ltd. CHECKMATE 2021-04-07 2021-05-26
12234 Nalco Canada ULC CONVERSION PLUS II EC3403A 2021-03-31 2021-05-18
12321 SUEZ Water Technologies & Solutions Canada PROSWEET OC2557 2021-03-31 2021-04-30

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 30

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 30 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 Act footnote 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 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. 30.

Ottawa, May 30, 2021

Michael Keenan
Deputy Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 30

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)
COVID-19 molecular test
means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la 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 mask, including a non-medical mask 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 measures 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.

Suitable quarantine plan and prepaid accommodation

(2) A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, to the Minister of Health by the electronic means specified by that Minister a suitable quarantine plan and evidence of prepaid accommodation arrangements that enables them to remain in quarantine at a government-authorized accommodation for a three-day period that begins on the day on which they enter Canada or, if the person is not required under that order to provide the plan and the evidence, their contact information. The private operator or air carrier must also notify every person that they may be liable to a fine if this requirement applies to them and they fail to comply with it.

False declarations

(3) 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) 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.

False declaration

(2) A person must not provide a confirmation referred to in subsection (1) that they know to be false or misleading.

Exception

(3) A competent adult may provide a confirmation referred to in subsection (1) 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).

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 made under section 58 of the Quarantine Act.

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.

COVID-19 Molecular Test — Flights to Canada

Application

10.1 (1) Sections 10.2 to 10.7 apply to a private operator or 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 10.2 to 10.7 do not apply to persons who are not required under an order made under section 58 of the Quarantine Act to provide evidence that they received a result for a COVID-19 molecular test.

Notification

10.2 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 may not be permitted to board the aircraft if they are unable to provide evidence that they received a result for a COVID-19 molecular test.

Evidence — result of test

10.3 (1) Before boarding an aircraft for a flight, every person must provide to the private operator or air carrier operating the flight evidence that they received either

Evidence — location of test

(2) For the purposes of subsection (1), the COVID-19 molecular test must have been performed in a country or territory that is not listed in Schedule 1.

Evidence — elements

10.4 Evidence of a result for a COVID-19 molecular test must include

False or misleading evidence

10.5 A person must not provide evidence of a result for a COVID-19 molecular test that they know to be false or misleading.

Notice to Minister

10.6 A private operator or air carrier that has reason to believe that a person has provided evidence of a result for a COVID-19 molecular test that is likely to be false or misleading must notify the Minister as soon as feasible of the person's name and contact information and the date and number of the person's flight.

Prohibition

10.7 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 the person does not provide evidence that they received a result for a COVID-19 molecular test in accordance with the requirements set out in section 10.3.

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:

Non-application — crew member

(3) Sections 12 to 15 do not apply to a crew member who underwent a temperature screening under section 22 for the duration of the shift during which the temperature screening was conducted.

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

Ministerial request

(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) Subject to subsection (3), 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.

Exception

(3) If the temperature screening of a person, other than a passenger, 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, or of a person who is undergoing a screening at a non-passenger screening checkpoint outside an air terminal building, indicates that the person does not have an elevated temperature, the screening authority is not required to conduct any further temperature screenings of that person for the duration of the day during which the temperature screening was conducted.

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.

Retention

(3) The screening authority must

Ministerial request

(4) 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 before 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 before boarding an aircraft for a flight.

Wearing of face mask — persons

35 (1) Subject to subsections (2) and (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 (1) 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

Retention period

(2) The private operator or air carrier must retain the record referred to in paragraph (1)(a) for a period of at least 12 months after the day of the flight.

Ministerial request

(3) The private operator or air carrier must make the records referred to in paragraph (1)(a) available to the Minister on request.

Wearing of face mask — crew member

39 (1) Subject to subsections (2) and (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 3 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 3 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. 29, made on May 18, 2021, is repealed.

SCHEDULE 1

(Subsection 10.3(2))

Countries and Territories
Name
India
Pakistan

SCHEDULE 2

(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 3

(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 3(1) 5,000  
Subsection 3(2) 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  
Section 10.2 5,000 25,000
Subsection 10.3(1) 5,000  
Section 10.5 5,000  
Section 10.6 5,000 25,000
Section 10.7 5,000 25,000
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
Subsection 29(4)   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
Subsection 38(1) 5,000 25,000
Subsection 38(2) 5,000 25,000
Subsection 38(3) 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

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021

Whereas the Minister of Transport is of the opinion that the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021 is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to paragraphs 35.1(1)(k)footnote h and 136(1)(f)footnote i of the Canada Shipping Act, 2001footnote j;

Therefore, the Minister of Transport, pursuant to subsection 10.1(1)footnote k of the Canada Shipping Act, 2001c, makes the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021.

Ottawa, June 1, 2021

Omar Alghabra
Minister of Transport

Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2021

Definitions

Definitions

1 The following definitions apply in this Interim Order.

Minister
means the Minister of Transport. (ministre)
Southern Resident killer whale
means any member of the Killer Whale (Orcinus orca) Northeast Pacific southern resident population. (épaulard résident du sud)

Approach Distance Prohibition

Prohibition — vessels

2 (1) Beginning on June 1, 2021, a vessel must not approach within 400 m of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

Prohibition — persons

3 (1) Beginning on June 1, 2021, a person operating a vessel must not approach within 400 m of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

Interim Sanctuary Zones

Prohibition — vessels

4 (1) During the period beginning on June 1, 2021 and ending on November 30, 2021, a vessel must not navigate in the waters indicated in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to

Prohibition — persons

5 (1) During the period beginning on June 1, 2021 and ending on November 30, 2021, a person must not operate a vessel in the waters indicated in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to

Authorizations

Authorization — whale-watching

6 (1) The Minister may, in writing, issue an authorization to a vessel and to persons operating that vessel to approach a killer whale, other than a Southern Resident killer whale, for the purpose of commercial whale-watching at a distance of between 200 m and 400 m in the waters indicated in Schedule 1 if the vessel is owned or operated by a person or organization that has entered into an agreement with the Minister that is intended to reduce the risk of physical and acoustic disturbances to Southern Resident killer whales.

Authorization — promotion of protection of killer whales

(2) The Minister may, in writing, issue one of the following authorizations to a vessel and to persons operating that vessel for the purpose of a non-commercial activity that promotes compliance with and monitoring of measures taken to protect killer whales if the vessel is owned or operated by a person or organization that has entered into an agreement with the Minister that is intended to reduce the risk of physical and acoustic disturbances to Southern Resident killer whales:

Application for authorization

(3) The following persons or organizations may submit a request for an authorization in respect of a vessel that they own or operate and persons operating that vessel:

Condition of authorization

(4) An authorization is subject to the condition that the authorization holder complies with measures respecting the protection of killer whales, including those respecting the reduction of the risk of physical and acoustic disturbances to Southern Resident killer whales, set out in the agreement entered into with the Minister.

Amending conditions

(5) The Minister may add, amend or remove conditions, if the Minister considers it necessary to contribute to the protection of killer whales or the marine environment or to marine safety.

Authorization on board vessel

(6) An authorization must be kept on board the vessel.

Suspension or revocation

(7) The Minister may suspend or revoke an authorization, and inform the authorization holder in writing, if

Additional requirements — whale-watching

7 (1) A person who is operating a vessel to which an authorization was issued under subsection 6(1) must comply with the following requirements:

Prohibition on advertising

(2) After an authorization under subsection 6(1) is issued, the person or organization that submitted the request for the authorization must not refer to sightings of Southern Resident killer whales when offering or promoting excursions for the purpose of commercial whale-watching.

SCHEDULE 1

(Subsections 2(1), 3(1) and 6(1) and paragraphs 6(2)(a) and 7(1)(a), (b) and (d))

Waters Subject to Approach Distance Prohibition

The waters subject to the approach distance prohibition are bounded by a line
beginning at 50°03.807′N 124°50.610′W [Sarah Point];
then to 49°52.486′N 124°33.903′W [north Powell River];
then to 49°52.426′N 124°33.912′W [south Powell River];
then to 49°46.436′N 124°16.815′W [north Jervis Inlet/Thunder Bay];
then to 49°44.262′N 124°13.260′W [south Jervis Inlet];
then to 49°43.838′N 124°12.572′W [north Blind Bay];
then to 49°43.018′N 124°11.228′W [south Ballet Bay];
then to 49°39.450′N 124°05.148′W [west Agamemnon Channel];
then to 49°39.313′N 124°04.355′W [east Agamemnon Channel];
then to 49°19.301′N 123°08.888′W [north Burrard Inlet];
then to 49°18.775′N 123°08.882′W [south Burrard Inlet];
then to 49°15.608′N 123°15.755′W [Cowards Cove];
then to 49°15.173′N 123°16.247′W [east Sea Island];
then to 49°15.455′N 123°16.795′W [north Sea Island];
then to 49°12.853′N 123°13.338′W [south Sea Island];
then to 49°11.205′N 123°12.225′W [north Swishwash Island];
then to 49°10.425′N 123°12.023′W [south Swishwash Island];
then to 49°07.853′N 123°12.037′W [Steveston];
then to 49°06.128′N 123°19.335′W [north Strait of Georgia];
then to 49°05.368′N 123°19.342′W [south Strait of Georgia];
then to 49°07.058′N 123°11.647′W [Fraser River];
then to 49°06.532′N 123°11.232′W [Westham Island];
then to 49°04.062′N 123°09.410′W [south Canoe Passage];
then to 49°03.487′N 123°08.493′W [Roberts Bank];
then to 49°00.132′N 123°05.460′W [Boundary Bluff];
then adjacent to the United States border until 48°14.200′N 125°44.500′W [southern boundary of the critical habitat of the Southern Resident killer whale];
then to 48°41.700′N 126°17.783′W [northwest boundary of the critical habitat of the Southern Resident killer whale];
then to 48°59.685′N 125°40.152′W [Quisitis Point];
then to 48°55.253′N 125°32.517′W [Amphitrite Point];
then to 48°56.076′N 125°31.372′W [Stuart Bay];
then to 49°01.238′N 125°02.383′W [Hi'tatis];
then to 48°46.985′N 125°12.587′W [Cape Beale];
then to 48°39.645′N 124°49.205′W [west Clo-oose Bay];
then to 48°39.485′N 124°48.648′W [east Clo-oose Bay];
then to 48°33.703′N 124°27.812′W [west Port San Juan];
then to 48°33.110′N 124°25.742′W [east Port San Juan];
then to 49°59.092′N 125°13.390′W [Campbell River];
then to 50°03.807′N 124°50.610′W [Sarah Point].

SCHEDULE 2

(Subsection 4(1), paragraphs 4(2)(a) and (b), subsection 5(1) and paragraph 6(2)(b))

Interim Sanctuary Zones

1. Saturna Island
The waters off Saturna Island bounded by a line
beginning at 48°47.150′N 123°02.733′W [northern boundary of East Point (shoreline)];
then to 48°47.367′N 123°02.915′W [Tumbo Channel];
then to 48°47.617′N 123°02.483′W [northwest boundary (east of Tumbo Point)];
then to 48°47.473′N 123°01.975′W [northeast boundary (Boiling Reef)];
then to 48°46.558′N 123°03.147′W [Boundary Pass];
then to 48°46.333′N 123°03.805′W [southeast boundary];
then to 48°46.350′N 123°05.150′W [southwest boundary (Narvaez Bay)];
then to 48°46.683′N 123°05.150′W [Fiddlers Cove];
then to 48°47.150′N 123°02.733′W [northern boundary of East Point (shoreline)].
2. Swiftsure Bank
The waters off Swiftsure Bank bounded by a line
beginning at 48°34.000′N 125°06.000′W [northwest boundary];
then to 48°34.000′N 124°54.200′W [northeast boundary];
then to 48°32.100′N 124°49.583′W [southeast boundary];
then to 48°32.100′N 125°01.760′W [southwest boundary];
then to 48°34.000′N 125°06.000′W [northwest boundary].
3. Pender Island
The waters off Pender Island bounded by a line
beginning at 48°45.817′N 123°19.300′W [northwest boundary];
then to 48°46.217′N 123°18.867′W [northeast boundary];
then to 48°44.167′N 123°13.917′W [southeast boundary];
then to 48°44.153′N 123°15.517′W [southwest boundary];
then to 48°45.817′N 123°19.300′W [northwest boundary].

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-005-21 — Release of RSS-182, Issue 6, Amendment of RSS-117, Issue 3, and Amendment of RSS-287, Issue 2

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

These documents are now official and available on the Published documents page of the Spectrum management and telecommunications website.

Submitting comments

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

June 19, 2021

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.

Governor in Council appointment opportunities
Position Organization Closing date
Commissioner British Columbia Treaty Commission  
Member Canada Council for the Arts  
Vice-Chairperson Canada Council for the Arts  
President and Chief Executive Officer Canada Development Investment Corporation  
Commissioner for Employers Canada Employment Insurance Commission  
Director Canada Infrastructure Bank  
Director Canada Mortgage and Housing Corporation  
Member of the Board of Directors Canada Post  
Chairperson Canada-Nova Scotia Offshore Petroleum Board  
Member Canadian Cultural Property Export Review Board  
Chairperson Canadian Dairy Commission  
Chief Executive Officer Canadian Dairy Commission  
Accessibility Commissioner Canadian Human Rights Commission  
Federal Housing Advocate Canadian Human Rights Commission  
Chairperson Canadian Human Rights Tribunal  
Member Canadian Institutes of Health Research  
Director Canadian Museum of History  
Director Canadian Race Relations Foundation  
Chairperson Destination Canada  
Director Destination Canada  
Director Freshwater Fish Marketing Corporation  
Member Great Lakes Pilotage Authority Canada  
Director (Federal) Hamilton-Oshawa Port Authority  
Governor International Development Research Centre  
Chairperson Laurentian Pilotage Authority Canada  
Chairperson Military Police Complaints Commission of Canada  
Member Military Police Complaints Commission of Canada  
Member National Arts Centre Corporation  
Member National Research Council Canada  
Member National Seniors Council  
Chief Accessibility Officer Office of the Chief Accessibility Officer  
Commissioner and Director Office of the Commissioner of Indigenous Languages  
Superintendent Office of the Superintendent of Financial Institutions Canada  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Director Public Sector Pension Investment Board of Canada  
Member Public Service Pension Advisory Committee  
Chairperson Standards Council of Canada  
Registrar Supreme Court of Canada  
Director (Federal) Toronto Port Authority  
Chairperson and Member Transportation Appeal Tribunal of Canada  
Vice-Chairperson Transportation Appeal Tribunal of Canada  
Director (Federal) Trois-Rivières Port Authority  
Chairperson Windsor-Detroit Bridge Authority  
Director Windsor-Detroit Bridge Authority  

SUPREME COURT OF CANADA

SUPREME COURT ACT

Commencement of sessions

Pursuant to section 32 of the Supreme Court Act, notice is hereby given that the upcoming three sessions of the Supreme Court of Canada, for the purpose of hearing and determining appeals in 2021 and 2022, shall commence on the following days:

June 2, 2021

David Power
Acting Registrar