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
| 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
2. Section 1 does not include the following activities:
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:
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. |
| Column 1 |
Column 2 |
|---|---|
| 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
2. Section 1 does not include the following activities:
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:
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. |
| 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:
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:
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:
- SNAc No. 12623 is proposed to include any activity except the use of the living organism in a contained facility for arsenic removal from mine tailings in water, and except the use where the effluent and backwash solid are sufficiently disinfected as described in the proposed SNAc definition.
- SNAc No. 17329 is proposed to include any activity except when the living organism is used within a contained facility meeting sufficient containment and disposal standards where both containment and disposal standards are described in the proposed SNAc definition.
- SNAc No. EAU-666 is proposed to include any activity except when the living organism is used for immunotherapy in a health care establishment that meets the standards outlined in the proposed SNAc definition.
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:
- SNAc No. 12623 would exclude from notification activities involving the use of the living organism in a contained facility for arsenic removal from mine tailings in water, and activities where the effluent and backwash solid are sufficiently disinfected as described in the proposed SNAc definition.
- SNAc No. 17329 would exclude from notification activities involving the use of the living organism in a contained facility meeting sufficient containment and disposal standards where both containment and disposal standards are described in the proposed SNAc definition.
- SNAc EAU-666 would exclude from notification activities involving the use of the living organism 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 as described in the SNAc definition.
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
| 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
2. Section 1 does not include the following activities:
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:
4. The above information is to be assessed within 120 days after the day on which it is received by the Minister. |
| Column 1 |
Column 2 |
|---|---|
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:
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:
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:
- Pseudomonas aeruginosa ATCC 31480 S′
- Pseudomonas aeruginosa ATCC 700370 S′
- Pseudomonas aeruginosa ATCC 700371 S′
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:
- Pseudomonas aeruginosa ATCC 31480
- Pseudomonas aeruginosa ATCC 700370
- Pseudomonas aeruginosa ATCC 700371
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:
- With respect to Pseudomonas fluorescens ATCC 13525, the proposed Order would require notification when the living organism is to be used within health care facilities, such as, but not limited to, hospitals, doctors' offices, walk-in clinics, mobile health clinics and long-term care facilities or nursing homes. The proposed Order would also require the notification of any activity involving the living organism in blood donor clinics, which also includes a blood donor clinic in a vehicle or in a public space.
- SNAc No. 15050 (KB-1® Anaerobic Dechlorinating Consortium containing Dehalococcoides spp. N-S) would require notification of any activity other than the use of the living organism for injection into contaminated groundwater.
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:
- (a) it is made of multiple layers of tightly woven materials such as cotton or linen;
- (b) it completely covers a person's nose, mouth and chin without gaping;
- (c) it can be secured to a person's head with ties or ear loops.
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
- (a) the rest of the face mask is made of multiple layers of tightly woven materials such as cotton or linen; and
- (b) there is a tight seal between the transparent material and the rest of the face mask.
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:
- (a) a crew member;
- (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.
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:
- (a) a fever;
- (b) a cough;
- (c) breathing difficulties.
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
- (a) they exhibit a fever and a cough or a fever and breathing difficulties, unless they provide a medical certificate certifying that their symptoms are not related to COVID-19;
- (b) they have, or suspect that they have, COVID-19;
- (c) they have been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19; or
- (d) in the case of a flight departing in Canada, they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.
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:
- (a) the person has, or suspects that they have, COVID-19;
- (b) the person has been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19;
- (c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.
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
- (a) answer all questions; and
- (b) not provide answers or a confirmation that they know to be false or misleading.
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
- (a) the person's answers to the health check questions indicate that they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
- (b) the private operator or air carrier observes that, as the person is boarding, they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
- (c) the person's confirmation under subsection 8(3) indicates that one of the situations described in paragraphs 8(3)(a), (b) or (c) applies to that person; or
- (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or to give the confirmation under subsection 8(3).
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
- (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the aircraft's initial scheduled departure time; or
- (b) a positive result for such a test that was performed on a specimen collected at least 14 days and no more than 90 days before the aircraft's initial scheduled departure time.
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
- (a) the person's name and date of birth;
- (b) the name and civic address of the laboratory that administered the test;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result.
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:
- (a) a child who is less than two years of age;
- (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19.
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
- (a) not permit the person to board the aircraft; and
- (b) notify the person that they are 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.
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:
- (a) the number of persons who were not permitted to board the aircraft under paragraph 14(1)(a);
- (b) the date and flight number;
- (c) the make and model of the equipment that the air carrier used to conduct the temperature screenings under subsection 12(2);
- (d) the date and time that that equipment was last calibrated and last maintained, as well as the name of the person who performed the calibration or maintenance; and
- (e) the results of the last calibration and the activities performed during the last maintenance of that equipment, including any corrective measures taken.
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
- (a) retain the records referred to in subsection (1) for a period of at least 90 days after the day of the flight; and
- (b) retain the records referred to in subsection (2) for a period of at least 90 days after the day on which the person received the training.
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:
- (a) a person entering a restricted area within an air terminal building at an aerodrome listed in Schedule 2 from a non-restricted area;
- (b) a person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building at an aerodrome listed in Schedule 2;
- (c) the operator of an aerodrome listed in Schedule 2;
- (d) a screening authority at an aerodrome listed in Schedule 2;
- (e) an air carrier operating a flight departing from an air terminal building at an aerodrome listed in Schedule 2.
Non-application
(3) Sections 21 to 31 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19;
- (c) a member of emergency response provider personnel who is responding to an emergency;
- (d) a peace officer who is responding to an emergency.
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
- (a) deny the person entry to the restricted area; and
- (b) notify the person that they are not permitted to board an aircraft for a flight originating in Canada or 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.
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:
- (a) the person's name as it appears on their document of entitlement;
- (b) the number or identifier of the person's document of entitlement; and
- (c) the reason why the person was denied entry to the restricted area.
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
- (a) ensure that the person is directed to a location where they can retrieve their checked baggage, if applicable; and
- (b) if the person is escorted to a location where they can retrieve their checked baggage, ensure that the escort wears a face mask and maintains a distance of at least two metres between themselves and the person.
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:
- (a) the number of persons who are denied entry under paragraph 24(1)(a) at a passenger screening checkpoint;
- (b) the number of persons who are denied entry under paragraph 24(1)(a) at a non-passenger screening checkpoint;
- (c) the flight number of any person who is denied entry under paragraph 24(1)(a) at a passenger screening checkpoint and the date on which the person was denied entry;
- (d) the make and model of the equipment that the screening authority uses to conduct the temperature screenings under section 22;
- (e) the date and time when that equipment was calibrated and maintained, as well as the name of the person who performed the calibration or maintenance; and
- (f) the results of the calibration and the activities performed during the maintenance of that equipment, including any corrective measures taken.
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
- (a) retain the records referred to in subsection (1) for a period of at least 90 days after the day on which the record was created; and
- (b) retain the records referred to in subsection (2) in accordance with any record retention requirements under the Privacy Act.
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:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a face mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their face mask without assistance;
- (f) a crew member;
- (g) a gate agent.
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
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a face mask; or
- (b) is at least six years of age.
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
- (a) be in possession of a face mask before boarding;
- (b) wear the face mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building; and
- (c) comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.
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
- (a) when the safety of the person could be endangered by wearing a face mask;
- (b) when the person is drinking or eating, unless a crew member instructs the person to wear a face mask;
- (c) when the person is taking oral medications;
- (d) when a gate agent or a crew member authorizes the removal of the face mask to address unforeseen circumstances or the person's special needs; or
- (e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the face mask to verify the person's identity.
Exceptions — flight deck
(3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:
- (a) a Department of Transport air carrier inspector;
- (b) an inspector of the civil aviation authority of the state where the aircraft is registered;
- (c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
- (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
- (e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.
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
- (a) the person is not in possession of a face mask; or
- (b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a face mask.
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
- (a) keep a record of
- (i) the date and flight number,
- (ii) the person's name, date of birth and contact information, including the person's home address, telephone number and email address,
- (iii) the person's seat number, and
- (iv) the circumstances related to the refusal to comply; and
- (b) inform the Minister as soon as feasible of any record created under paragraph (a).
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
- (a) when the safety of the crew member could be endangered by wearing a face mask;
- (b) when the wearing of a face mask by the crew member could interfere with operational requirements or the safety of the flight; or
- (c) when the crew member is drinking, eating or taking oral medications.
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
- (a) when the safety of the gate agent could be endangered by wearing a face mask; or
- (b) when the gate agent is drinking, eating or taking oral medications.
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:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a face mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their face mask without assistance;
- (f) a person who is on a flight that originates in Canada and is destined to another country.
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
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a face mask; or
- (b) is at least six years of age.
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:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a face mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their face mask without assistance;
- (f) a member of emergency response provider personnel who is responding to an emergency;
- (g) a peace officer who is responding to an emergency.
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
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a face mask; or
- (b) is at least six years of age.
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
- (a) when the safety of the screening officer could be endangered by wearing a face mask; or
- (b) when the screening officer is drinking, eating or taking oral medications.
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
- (a) the particulars of the alleged contravention;
- (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
- (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
- (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
- (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.
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))
| Name |
|---|
| India |
| Pakistan |
SCHEDULE 2
(Subsection 20(2))
| 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))
| 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
- (a) a vessel in transit;
- (b) a vessel in distress or providing assistance to a vessel or person in distress;
- (c) a vessel involved in pollution response operations;
- (d) a vessel avoiding immediate or unforeseen danger; or
- (e) a vessel carrying any person referred to in paragraphs 3(2)(a) to (e).
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
- (a) an employee of the Government of Canada or a peace officer who is performing their duties, or a person who is assisting them or who is otherwise present at the request of the Government of Canada;
- (b) a person acting in a manner authorized under the Species at Risk Act;
- (c) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
- (d) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations; or
- (e) a person operating a vessel referred to in paragraphs 2(2)(a) to (e).
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
- (a) a vessel being used to access a private residence, a commercial establishment or any other establishment providing a service, if travel in the waters indicated in Schedule 2 is the only practical means of doing so and the vessel is navigating directly between
- (i) a location on Pender Island or Saturna Island and another location on one of those islands,
- (ii) a location on Pender Island or Saturna Island and a location beyond the waters indicated in Schedule 2,
- (iii) a location on Pender Island or Saturna Island and a mooring buoy located in the waters indicated in Schedule 2, or
- (iv) a mooring buoy located in the waters indicated in Schedule 2 and a location beyond those waters;
- (b) a human-powered vessel navigating at a distance of 20 m or less from the shoreline — meaning the line where the water surface touches the land — in the waters indicated in items 1 and 3 of Schedule 2;
- (c) a vessel in distress or providing assistance to a person or vessel in distress;
- (d) a vessel involved in pollution response operations;
- (e) a vessel avoiding immediate or unforeseen danger;
- (f) a vessel being used to fish under a licence issued under the Aboriginal Communal Fishing Licences Regulations
- (i) for food, social or ceremonial purposes, or
- (ii) for domestic purposes pursuant to a treaty within the meaning of section 35 of the Constitution Act, 1982; or
- (g) a vessel carrying any person referred to in paragraphs 5(2)(a) to (h).
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
- (a) an employee of the Government of Canada or a peace officer who is performing their duties, or a person who is assisting them or who is otherwise present at the request of the Government of Canada;
- (b) a person acting in a manner authorized under the Species at Risk Act;
- (c) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
- (d) a person fishing for marine mammals under the authority of the Marine Mammal Regulations;
- (e) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations;
- (f) a person fishing under a licence issued under the Aboriginal Communal Fishing Licences Regulations
- (i) for food, social or ceremonial purposes, or
- (ii) for domestic purposes pursuant to a treaty within the meaning of section 35 of the Constitution Act, 1982;
- (g) an Indigenous person exercising an existing right, other than for fishing, for non-commercial purposes under section 35 of the Constitution Act, 1982; or
- (h) a person operating a vessel referred to in paragraphs 4(2)(a) to (g).
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:
- (a) an authorization to approach a killer whale at a distance of between 200 m and 400 m in the waters indicated in Schedule 1; or
- (b) an authorization to navigate or operate a vessel in the waters indicated in Schedule 2.
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:
- (a) in the case of an authorization referred to in subsection (1), a person who owns or operates a business for the purposes of commercial whale-watching or ecotourism, or any person or organization acting on behalf of such a business; or
- (b) in the case of the authorizations referred to in subsection (2)
- (i) an incorporated non-profit organization with a mandate to promote the protection of killer whales, or any person or organization acting on behalf of such an organization, or
- (ii) a government, council or other entity authorized to act on behalf of an Indigenous group.
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
- (a) the person who submitted the application for the authorization knowingly provided false or misleading information to obtain the authorization;
- (b) the authorization holder fails to comply with any condition referred to in subsection (4) or (5), and the non-compliance constitutes a risk to killer whales, the marine environment or marine safety;
- (c) the authorization holder fails to comply with any requirements under
- (i) the Canada Shipping Act, 2001,
- (ii) the Oceans Act, or
- (iii) the Fisheries Act; or
- (d) the Minister considers it necessary to protect killer whales or the marine environment or for marine safety.
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:
- (a) the person must, as soon as feasible, report the following information to the Minister each time that the vessel is within 400 m of a Southern Resident killer whale in the waters indicated in Schedule 1:
- (i) the name of their vessel,
- (ii) the date and time of the occurrence,
- (iii) the geographic coordinates of the vessel at the time of the occurrence, and
- (iv) the number of Southern Resident killer whales observed by the person at the time of the occurrence;
- (b) the person must, as soon as feasible, report the following information to the Minister each time that they observe another vessel within 400 m of a Southern Resident killer whale in the waters indicated in Schedule 1:
- (i) the name of their vessel,
- (ii) the date and time of the observation,
- (iii) the geographic coordinates of their vessel at the time of the observation,
- (iv) the number of Southern Resident killer whales observed by the person, and
- (v) a description of the vessel that was observed within 400 m of a Southern Resident killer whale;
- (c) the person must, as soon as feasible, use the WhaleReport application to record each observation of a Southern Resident killer whale that the person makes; and
- (d) the person must ensure that the authorization flag provided by the Minister is visible on the vessel at all times when the vessel is in the waters indicated in Schedule 1.
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
| 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
| 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)]. |
| 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]. |
| 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:
- Radio Standard Specification RSS-182 issue 6, Maritime Radio Equipment Operating in the 156-162.5 MHz Band, which sets out the requirements for certification of radio equipment used for maritime service in the 156-162.5 MHz band, including automatic identification system — search and rescue transmitters (AIS-SART) operating on AIS-1 and AIS-2.
- Radio Standard Specification RSS-117, issue 3, amendment 1, Land and Coast Station Transmitters Operating in the Band 200-535 kHz, which sets out the requirements for the technical compliance of licensed Category I transmitters operating in the frequency band 200 kHz to 535 kHz.
- Radio Standard Specification RSS-287, issue 2, amendment 1, Emergency Position Indicating Radio Beacons (EPIRB), Emergency Locator Transmitters (ELT), Personal Locator Beacons (PLB), and Maritime Survivor Locator Devices (MSLD), which sets out the requirements for certification of
- emergency position indicating radio beacons (EPIRBs);
- emergency locator transmitters (ELTs);
- personal locator beacons (PLBs); and
- maritime survivor locator devices (MSLDs).
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.
| 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:
- Fall Session 2021
The Fall Session of the Supreme Court of Canada shall begin on Monday, October 4, 2021. - Winter Session 2022
The Winter Session of the Supreme Court of Canada shall begin on Monday, January 10, 2022. - Spring Session 2022
The Spring Session of the Supreme Court of Canada shall begin on Monday, April 11, 2022.
June 2, 2021
David Power
Acting Registrar