Canada Gazette, Part I, Volume 157, Number 7: GOVERNMENT NOTICES
February 18, 2023
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND NORTHERN AFFAIRS
TLA’AMIN FINAL AGREEMENT
Amendment to the Tla’amin Final Agreement — Provincial Crown Roads
Pursuant to Chapter 6, paragraph 14 of the Tla’amin Final Agreement (the “Final Agreement”), the Tla’amin Nation and British Columbia have completed transfers to each other of parcels of land related to Provincial Crown Road (the “Wilde Road Parcels”). Due to the scale of the maps in the Final Agreement and the size of the Wilde Road Parcels, no amendment to Appendices C or L of the Final Agreement is required, however the Parties have agreed to amend the Final Agreement generally to document the transfers of the Wilde Road Parcels.
Therefore, in accordance with Chapter 25, paragraph 9 of the Final Agreement, the Final Agreement has been amended effective as of May 19, 2022 to reflect that:
- (a) the following former Provincial Crown Road parcels were transferred to the Tla’amin Nation and became Tla’amin Lands on May 31, 2018:
- DISTRICT LOT 8235 GROUP 1 NEW WESTMINSTER DISTRICT AS SHOWN ON PLAN EPP58685; and
- DISTRICT LOT 8236 GROUP 1 NEW WESTMINSTER DISTRICT AS SHOWN ON PLAN EPP58685; and
- (b) the following parcels were removed from Tla’amin Lands and transferred to British Columbia as Provincial Crown Road parcels on May 31, 2018:
- THOSE PARTS OF LOT 1 DISTRICT LOT 8218 GROUP 1 NEW WESTMINSTER DISTRICT PLAN EPP58245 SHOWN AS AREAS A AND B ON PLAN EPP58025; and
- THOSE PARTS OF LOT 1 DISTRICT LOT 8218 GROUP 1 NEW WESTMINSTER DISTRICT PLAN EPP58245 SHOWN AS AREAS C, D AND E ON PLAN EPP58025,
Unless otherwise defined, capitalized terms used herein shall have the meanings ascribed to them in the Final Agreement.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Ministerial Condition No. 21235
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)
Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance 1,2-Ethanediamine, N-(2-aminoethyl)-, reaction products with glycidyl p-tolyl ether, Chemical Abstracts Service Registry Number 68411-70-1;
And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),
The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)
1. The following definitions apply in these ministerial conditions:
- “consumer product”
- means a consumer product as defined in section 2 of the Canada Consumer Product Safety Act;
- “engineered hazardous waste landfill facility”
- means a facility that is part of an overall integrated hazardous waste management system where wastes that do not require additional treatment or processing are sent and where hazardous materials are confined or controlled for the duration of their effective contaminating lifespan;
- means the person who has, on September 9, 2022, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999 (the Act);
- means 1,2-Ethanediamine, N-(2aminoethyl)-, reaction products with glycidyl p-tolyl ether, Chemical Abstracts Service Registry Number 68411-70-1;
- means the following:
- (a) effluents that result from the manufacture of products with the substance;
- (b) effluents that result from rinsing equipment or vessels used for transportation of the substance;
- (c) disposable vessels used for the substance;
- (d) spillage that contains the substance;
- (e) process effluents that contain the substance; and
- (f) any residual quantity of the substance in any equipment or vessel.
2. The notifier may manufacture or import the substance in accordance with the present ministerial conditions.
3. The notifier shall not import or manufacture the substance to manufacture a consumer product unless the substance is chemically reacted into a stable matrix and cured during manufacture of the consumer product.
4. The notifier shall not import a consumer product containing the substance unless the substance is chemically reacted into a stable matrix and cured during manufacture of the consumer product.
5. The notifier shall transfer the physical possession or control of the substance only to a person who agrees to use it in accordance with section 3.
6. At least 120 days prior to beginning manufacturing the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:
- (a) the information specified in paragraph 7(a) of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers) [the Regulations];
- (b) the address of the manufacturing facility within Canada;
- (c) the information specified in paragraphs 8(a) to (e), item 9 and paragraph 10(b) of Schedule 5 to those Regulations; and
- (d) the following information related to the manufacturing process of the substance in Canada:
- (i) a brief description of the manufacturing process that details the precursors of the substance, the reaction stoichiometry and the nature (batch or continuous) and scale of the process,
- (ii) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers, and
- (iii) a brief description of the major steps in manufacturing operations, the chemical conversions, the points of entry of all reactants and the points of release of the substance, and the processes to eliminate environmental release.
Disposal of the substance
7. The notifier must collect any waste in their physical possession or under their control and destroy or dispose of it in the following manner:
- (a) incinerate in accordance with the laws of the jurisdiction where the incineration facility is located; or
- (b) deposit in an engineered hazardous waste landfill facility, in accordance with the laws of the jurisdiction where the facility is located.
8. Where any release of the substance or waste to the environment occurs, the notifier shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the notifier shall, as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Act.
9. The notifier shall, prior to transferring the physical possession or control of the substance or waste to any person:
- (a) inform the person, in writing, of the terms of the present ministerial conditions; and
- (b) obtain, prior to the first transfer of the substance or waste, written confirmation from this person that they were informed of the terms of the present ministerial conditions and agree to comply with sections 7 and 8 of the present ministerial conditions.
10. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating
- (a) the use of the substance;
- (b) the quantity of the substance that the notifier manufactures, imports, purchases, distributes, sells and uses;
- (c) the name and address of each person to whom the notifier transfers the physical possession or control of the substance;
- (d) the name and address of each person in Canada who has disposed of the substance or the waste, the method used to do so, and the quantities of the substance or waste shipped to that person; and
- (e) the written confirmation referred to in section 9.
(2) The notifier shall maintain electronic or paper records mentioned in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.
Coming into force
11. The present ministerial conditions come into force on February 1, 2023.
DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of a substance — 2H-azepin-2-one, hexahydro- (caprolactam), CAS RN footnote 1 105-60-2 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas caprolactam is a substance identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the screening assessment conducted on caprolactam pursuant to section 74 of the Act is annexed hereby;
And whereas it is concluded that the substance does not meet any of the criteria set out in section 64 of the Act,
Notice therefore is hereby given that the Minister of the Environment and the Minister of Health propose to take no further action on this substance at this time under section 77 of the Act.
Minister of the Environment
Minister of Health
Summary of the screening assessment of caprolactam
Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of 2H-azepin-2-one, hexahydro-, hereinafter referred to as caprolactam. The Chemical Abstracts Service Registry Number (CAS RN)footnote 1 for caprolactam is 105-60-2.
Caprolactam occurs naturally in some plants. Canadian manufacture quantities are not available for caprolactam. The total annual imports of caprolactam into Canada between 2014 and 2018 ranged from 16 639 255 kg (2018) to 21 722 366 kg (2017), according to the Canadian International Merchandise Trade Database.
Caprolactam is primarily used as an intermediate in the production of Nylon 6 polymers, which have a broad range of uses, including textiles, carpets, industrial yarns, engineering plastics for industrial and medical applications, as well as some products available to consumers, such as cosmetics, diapers, and 3D printing filaments. Some residual caprolactam may be present in manufactured articles made with Nylon 6. Caprolactam is also used as a plasticizer, and as a component in the manufacturing of paints and coatings, glue sticks and other adhesives. Caprolactam may also be used as a component in the manufacture of certain food packaging materials and as a food flavouring agent.
The ecological risk of caprolactam was characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances on the basis of their hazard and exposure profiles. Based on the outcome of the ERC analysis, caprolactam is considered unlikely to be causing ecological harm.
Considering all available lines of evidence presented in this screening assessment, there is a low risk of harm to the environment from caprolactam. It is concluded that caprolactam does not meet the criteria under paragraph 64(a) or (b) of CEPA as it is not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity, or that constitute or may constitute a danger to the environment on which life depends.
In terms of potential effects on human health, in laboratory studies conducted via the oral route with caprolactam, offspring effects (reduced body weights), and clinical effects were observed. Local larynx effects (keratinization of the metaplastic epithelium) were observed in inhalation studies. Potential exposure of the general population of Canada to caprolactam can occur through environmental media (e.g. indoor air and drinking water) and food packaging materials. Potential exposure to caprolactam via food flavouring agents is considered to be negligible. From the use of products available to consumers, the predominant sources of exposure are from glue sticks and from Nylon 6 in carpets, lipsticks, diapers, and 3D printing filaments. On the basis of estimates of exposure compared with critical health effect levels identified from laboratory studies, the margins of exposure are considered to be adequate to address uncertainties in the health effects and exposure data used to characterize risk.
The human health assessment took into consideration those groups of individuals within the Canadian population who, due to greater susceptibility or greater exposure, may be more vulnerable to experiencing adverse health effects. Certain subpopulations are routinely considered throughout the screening assessment process, such as infants, children, and people of reproductive age. Infants may be susceptible to reduced body weight from parental exposure to caprolactam. People living near industrial manufacturing facilities may have higher exposures to caprolactam from evaporative emissions in the air. These subpopulations were taken into account in the human health assessment for caprolactam.
Considering all the information presented in this screening assessment, it is concluded that caprolactam does not meet the criteria under paragraph 64(c) of CEPA as it is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
It is therefore concluded that caprolactam does not meet any of the criteria set out in section 64 of CEPA.
The screening assessment of this substance is available on the Canada.ca (Chemical substances) website.
DEPARTMENT OF HEALTH
FOOD AND DRUGS ACT
Notice of intent to consult on Health Canada’s Order Amending the Fees in Respect of Drugs and Medical Devices Order
In February 2023, Health Canada will launch a public consultation on an amendment to the Fees in Respect of Drugs and Medical Devices Order.
The purpose of this notice is to inform interested stakeholders of the intent of the Minister of Health to make a consequential amendment to the Fees in Respect of Drugs and Medical Devices Order (Fees Order) in order to change the reference for Performance Standard and Remission exceptions (section 6(2)(c)) from “COVID-19 drug” to “public health emergency drugs”. This will give Health Canada the flexibility to quickly implement Interim Orders (IOs) to address emerging public health needs such as COVID-19 in the future.
Health Canada is proposing regulatory amendments to the Food and Drug Regulations (FDR) and Medical Devices Regulations that would deliver on the Department’s modernization commitments and leverage long-standing policies and practices. The proposal also considers recent experiences with regulatory agilities introduced in response to the COVID-19 pandemic. An overview as well as draft regulations can be found here: Agile Licensing, Canada Gazette, Part I, while more information on how these changes would be implemented can be found here: Agile Licensing, Guidance.
Currently, section C.08.002(2.3) of the FDR allows manufacturers of designated COVID-19 drugs, as defined in section C.08.001.1, to file a new drug submission that is missing certain information required under section C.08.002 if they include a plan indicating how and when the missing information will be provided (rolling submission). All the missing information must be provided and reviewed before the Minister can decide whether to issue a notice of compliance.
The Agile Licensing proposal would expand this provision respecting rolling submissions for designated COVID-19 drugs to any public health emergency drug (PHED) by repealing the definition of designated COVID-19 drug and introducing the definition of a public health emergency drug.
Currently, the Fees in Respect of Drugs and Medical Devices Order (Fees Order) provides an exception for fee remittance (ref. paragraph 6(2)(c)) in the case of a new drug submission for a designated COVID-19 drug where C.08.002(2.3) applies to that submission. This exception waives the requirement for Health Canada to remit, in part, the examination fee if the Department’s performance standards are not met.
Per the Guideline on Service and Digital, developed by the Treasury Board of Canada Secretariat, a service standard is defined as a public commitment to a measurable level of performance that clients can expect under normal circumstances. Health Canada has established performance standards in relation to fees that are payable under the Fees Order.
To provide regulatory flexibility to manufacturers for these rolling submissions no fixed timeline for provision of the missing information has been set. Experience gained throughout the COVID-19 pandemic has shown that performance standards are not always met for these submissions.
Health Canada is proposing to amend section 6(2)(c) of the Fees Order to replace “designated COVID-19 drug” with “public health emergency drug”, thereby addressing the gap created by the repeal of the definition designated COVID-19 drug and extending the exception respecting fee remittance described above, to all PHEDs.
Remission — performance standard
6 (1) If the Minister determines that the performance standard has not been met in relation to a fee that is payable under this Order, remission is granted to the person that must pay the fee
- (a) of an amount equal to 25% of the fee; or
- (b) of an amount equal to 25% of the amount that is payable, in the case where remission is granted of part of the fee under any other provision of this Order.
(2) Subsection (1) does not apply to a fee for the examination of
- (a) an application or submission referred to in this Order in respect of which a joint or parallel review is conducted by the Minister and a foreign regulatory authority;
- (b) an application for a licence that is filed under section 32 of the Medical Devices Regulations if
- (i) the medical device to which the application relates includes a component that is a drug, and
- (ii) the Minister has made a decision in respect of the application to issue or amend a medical device licence under section 36 of those Regulations, or to refuse to issue or amend such a licence under section 38 of those Regulations; or
- (c) a new drug submission for a designated COVID-19 drug if subsection C.08.002(2.3) of the Food and Drug Regulations applies to that submission.
Proposed amendment to provision
- (c) a new drug submission for a public health emergency drug if subsection C.08.002(2.3) of the Food and Drug Regulations applies to that submission.
The consultation period for this proposed amendment to the Fees Order is 67 calendar days, starting February 18 and ending April 26, 2023.
All comments must cite the title, reference number and the date of publication of this notice, and be addressed to the contact identified below.
The Department is committed to respecting the privacy of consultation participants. All personal information created, held or collected by the Department is protected by the Privacy Act.
The personal information you provide to Health Canada will be used by Health Canada under authority of the Food and Drugs Act, section 30.62 and handled in accordance with the Privacy Act.
Why are we collecting your personal information? Your personal information is being collected as part of feedback related to this fee proposal and will be used by Health Canada to help understand concerns different stakeholders may have with this proposal. All comments will be gathered and considered for the proposal’s finalization.
Will we use or share your personal information for any other reason? Your feedback will be published online on Canada.ca. Feedback can either be published with your name, the name of your organization or anonymously.
What happens if you don’t want to provide your personal information? Participation in this comment form is voluntary, and feedback may be submitted anonymously. There are no consequences for opting not to provide any personal information.
What are your rights? You have the right to access and request a correction and/or notation to your personal information. You also have a right to complain to the Privacy Commissioner of Canada if you feel your personal information has been improperly handled. They may be contacted through their online privacy complaint form. For more information about these rights, or about how we handle your personal information, please send an email to firstname.lastname@example.org.
For more information: The collection of your personal information is described in Info Source at infosource.gc.ca. Refer to the personal information bank (PIB) PSU 938 — Outreach Activities.
Any inquiries or comments can be directed to Etienne Ouimette, Director General, Resource Management Operations Directorate, Health Products and Food Branch, Health Canada by telephone: 613‑957‑6690 and/or email: Cost Recovery Office / Bureau de recouvrement des coûts (HC/SC) email@example.com.
DEPARTMENT OF JUSTICE
STATUTES REPEAL ACT
List of repeals
Notice is given, pursuant to section 4 of the Statutes Repeal Act, chapter 20 of the Statutes of Canada, 2008, that the following provisions were repealed on December 31, 2022, by the operation of section 3 of that Act.
January 27, 2023
Minister of Justice and Attorney General of Canada
- An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6, section 28.
- Budget Implementation Act, 2008, S.C. 2008, c. 28, sections 150 and 162.
- An Act to amend the Transportation of Dangerous Goods Act, 1992, S.C. 2009, c. 9, section 5.
- Financial System Review Act, S.C. 2012, c. 5, section 129.
- Protecting Canada’s Immigration System Act, 2012, c. 17, subsection 11(1), sections 31, 40 and 54,
- Jobs and Growth Act, 2012, S.C. 2012, c. 31, subsection 467(4) and section 468.
PRIVY COUNCIL OFFICE
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.
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.
|Director||Asia-Pacific Foundation of Canada|
|Director||Atomic Energy of Canada Limited|
|Director||Bank of Canada|
|Chairperson||Business Development Bank of Canada|
|Director||Business Development Bank of Canada|
|Director||Canada Council for the Arts|
|Director||Canada Deposit Insurance Corporation|
|Director||Canada Foundation for Sustainable Development Technology|
|President||Canada Lands Company Limited|
|Director||Canada Post Corporation|
|Director||Canada Revenue Agency|
|Chairperson||Canadian Air Transport Security Authority|
|Chief Executive Officer||Canadian Air Transport Security Authority|
|Director||Canadian Broadcasting Corporation|
|Director||Canadian Commercial Corporation|
|Member||Canadian Cultural Property Export Review Board|
|Director||Canadian Energy Regulator|
|Chairperson||Canadian High Arctic Research Station|
|Member||Canadian High Arctic Research Station|
|Vice-Chairperson||Canadian High Arctic Research Station|
|Chief Commissioner||Canadian Human Rights Commission|
|Pay Equity Commissioner||Canadian Human Rights Commission|
|Member||Canadian Human Rights Tribunal|
|Member||Canadian Institutes of Health Research|
|President||Canadian Institutes of Health Research|
|Secretary||Canadian Intergovernmental Conference Secretariat|
|Trustee||Canadian Museum of Immigration at Pier 21|
|Chairperson||Canadian Museum of Nature|
|Permanent Member||Canadian Nuclear Safety Commission|
|President||Canadian Nuclear Safety Commission|
|Member||Canadian Statistics Advisory Council|
|Chairperson||Canadian Transportation Accident Investigation and Safety Board|
|Member||Canadian Transportation Accident Investigation and Safety Board|
|Member||Canadian Transportation Agency|
|Chairperson||Export Development Canada|
|Director||Export Development Canada|
|Director||First Nations Financial Management Board|
|Deputy Administrator||Fund for Railway Accidents Involving Designated Goods|
|Member||Historic Sites and Monuments Board of Canada|
|Commissioner||International Commission on the Conservation of Atlantic Tunas|
|President||International Development Research Centre|
|Commissioner||International Joint Commission|
|Director||Invest in Canada Hub|
|Commissioner||Law Commission of Canada|
|President||Law Commission of Canada|
|Chairperson||Military Grievances External Review Committee|
|Vice-Chairperson||Military Grievances External Review Committee|
|Chairperson||National Capital Commission|
|Member||National Capital Commission|
|Member||National Farm Products Council|
|Vice-Chairperson||National Farm Products Council|
|Director||National Gallery of Canada|
|Member||Net-Zero Advisory Body|
|Canadian Representative||North Atlantic Salmon Conservation Organization|
|Canadian Representative||North Pacific Anadromous Fish Commission|
|Public Sector Integrity Commissioner||Office of the Public Sector Integrity Commissioner|
|Member||Pacific Pilotage Authority|
|Commissioner||Public Service Commission|
|Chairperson||Royal Canadian Mounted Police Management Advisory Board|
|Member||Royal Canadian Mounted Police Management Advisory Board|
|Vice-Chairperson||Royal Canadian Mounted Police Management Advisory Board|
|Principal||Royal Military College of Canada|
|Deputy Administrator||Ship-source Oil Pollution Fund|
|Executive Director||Telefilm Canada|
|Chief Executive Officer||VIA Rail Canada Inc.|
|Chief Executive Officer||Windsor-Detroit Bridge Authority|