Canada Gazette, Part I, Volume 157, Number 23: GOVERNMENT NOTICES

June 10, 2023

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to three substances

Whereas the three substances set out in this notice are specified on the Domestic Substances List;footnote 1

Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of the three substances, one substance under section 68 and the other two substances under section 74, of the Canadian Environmental Protection Act, 1999;footnote 2

And whereas the ministers suspect that the information concerning a significant new activity in relation to any of the three substances set out in this notice may contribute to determining the circumstances in which these substances 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 87(3) of the Canadian Environmental Protection Act, 1999, to indicate that subsection 81(3) of that Act applies to any significant new activities relating to the three substances, as set out in this notice.

Public comment period

Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and can be submitted using the online reporting system available through Environment and Climate Change Canada’s Single Window, sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, or by email to substances@ec.gc.ca.

The final screening assessment for these substances may be obtained from the Canada.ca (Chemical substances) website.

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

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

ANNEX

1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:

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

Column 1

Substance

Column 2

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

  • 25322-17-2 S′
  • 25619-56-1 S′
  • 57855-77-3 S′
1. In relation to any substance in Column 1,
  • (a) the manufacture of the substance in a quantity equal to or greater than 5 000 kg in a calendar year;
  • (b) the use of the substance in a quantity equal to or greater than 5 000 kg in a calendar year, including
    • (i) as a site-limited intermediate substance, as defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), or
    • (ii) as a substance intended only for export;
  • (c) the use of the substance in metalworking fluids or as a research and development substance, as defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), in a quantity equal to or greater than 1 000 kg in a calendar year.
2. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the significant new activity begins:
  • (a) a description of the significant new activity in relation to the substance;
  • (b) the anticipated annual quantity of the substance to be used;
  • (c) if known, the three sites in Canada where the greatest quantity of the substance is manufactured or is anticipated to be used or processed and the anticipated quantity by site;
  • (d) the information specified in items 3 to 6 and paragraph 7(d) of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (e) a flow diagram of the overall process and the steps involved in the significant new activity that result or may result in the entry or release of the substance into the environment, including the use of holding tanks and distillation towers, if applicable;
  • (f) a description of each of the steps referred to in paragraph (e), the quantities and concentrations that are or may be released at each step, the physical form of the substance for each location where the substance will or may be released and, if applicable, the anticipated frequency, duration and rate of release;
  • (g) a description of the waste management practices to be implemented to prevent or minimize the release of the substance at the facility, if any, where the significant new activity will be conducted, including
    • (i) the quantity of the substance, in effluents and emissions, that is anticipated to be released into the environment,
    • (ii) if the substance is anticipated to be released into a municipal wastewater treatment system, the name and address of the municipal wastewater treatment facility, the name of the receiving water and the location of the point of release, as well as the total quantity of the substance that is anticipated to be released at that location per day, expressed in kilograms,
    • (iii) if the substance is anticipated to be released directly into surface waters, the name of the receiving water and the location of the point of release, as well as the total quantity of the substance that is anticipated to be released at that location per day, expressed in kilograms, and
    • (iv) if waste containing the substance is anticipated to be treated on-site, a description of the treatment system, the total quantity of the substance that is anticipated to be released per year, expressed in kilograms, the percentage of the substance to be removed from the waste, the name of the receiving water and the location of the point of release;
  • (h) a description of the degree to which the significant new activity will disperse the substance or, if the substance will not be dispersed, a description of how it will be contained or consumed;
  • (i) all other information or test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of the adverse effects that the substance may have on the environment and human health and the degree of environmental and public exposure to the substance;
  • (j) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department’s or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency;
  • (k) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf; and
  • (l) a certification that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are resident in Canada or, if not, by the person resident in Canada who is authorized to act on their behalf.
3. The information referred to in section 2 is to be assessed within 90 days after the day on which it is received by the Minister.

COMING INTO FORCE

3. This 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)footnote 1 pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 (CEPA) to apply the Significant New Activity (SNAc) provisions to the following three substances:

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 apply the SNAc provisions to these substances.

The DSL amendments are not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.

Further, information-gathering mechanisms other than the SNAc provisions of CEPA were considered. This included adding the substances to voluntary or mandatory surveys, reporting to the National Pollutant Release Inventory, or environmental monitoring. However, these tools would collect information only after the substances are used in significant new activities, when exposure levels of concern may already have been reached.

Applicability of the proposed Order

It is proposed that the Order amending the DSL require any person (individual or corporation) engaging in a significant new activity in relation to any of the substances to submit a significant new activity notification (SNAN), containing all of the information prescribed in the Order at least 90 days before the day on which the significant new activity begins.

To address potential environmental concerns, the Order would target the manufacture or use of any of the substances at a certain quantity in a calendar year.

For the manufacture or use of the substances, notification would be required when

Activities not subject to the proposed Order

The manufacture or use of any of the substances would not be subject to the proposed Order if

The proposed Order would not apply to uses of these substances that are regulated under the Acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The proposed Order would also not apply to transient reaction intermediates, impurities, contaminants, partially unreacted intermediates, or in some circumstances, to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the proposed Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidance document for the New Substances Notification Regulations (Chemicals and Polymers) for additional information.

Information to be submitted

The NOI sets out the proposed requirements for the information that would have to be provided to the Minister at least 90 days before the day on which the significant new activity begins. The Department of the Environment and the Department of Health will use the information submitted in the SNAN and other information to conduct human health and environmental assessments within 90 days after the complete information is received.

The information requirements in the proposed Order relate to general information, test data and test reports in respect of the substances, details surrounding their manufacture or use, and to exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 4 of the Guidance document for the New Substances Notification Regulations (Chemicals and Polymers).

Compliance

When assessing whether or not a substance is subject to the SNAc provisions,footnote 4 a person is expected to make use of information in their possession or to which they may reasonably be expected to have access. This means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information and the relevant Safety Data Sheet (SDS).

Although an SDS is an important source of information on the composition of a purchased product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to an order due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If any information becomes available that reasonably supports the conclusion that the substances DNNSA, BaDNNSA, or CaDNNSA are toxic or capable of becoming toxic, the person who is in possession of or has knowledge of the information and is involved in activities with the substance is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

Any person who transfers the physical possession or control of a substance subject to an order should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the order, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.

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

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 an order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances by contacting the Substances Management Information Line.footnote 5

CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. In instances of non-compliance, consideration is given to the following factors, when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with CEPA and its regulations, and consistency in enforcement.

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of six Selected C3-C5 Alcohols Group substances specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas five substances identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on tert-butanol pursuant to paragraphs 68(b) and (c) of the Act and on the remaining five substances pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that the substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action at this time under section 77 of the Act for the five substances identified under subsection 73(1) of the Act.

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

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by email, to substances@ec.gc.ca or by using the online reporting system available through Environment and Climate Change Canada’s Single Window.

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

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of the Selected C3-C5 Alcohols Group

Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of six substances referred to collectively under the Chemicals Management Plan as the Selected C3-C5 Alcohols Group. The Chemical Abstracts Service Registry Numbers (CAS RNfootnote 1), the Domestic Substances List (DSL) names, and the common names are listed in the table below.

Substances in the Selected C3-C5 Alcohols Group
CAS RN DSL name Common name
71-23-8 1-propanol propyl alcohol
67-63-0 2-propanol isopropanol
57-55-6 1,2-propanediol propylene glycol
78-83-1 1-propanol, 2-methyl- isobutanol
75-65-0 table a2 note a 2-propanol, 2-methyl- tert-butanol
71-41-0 1-pentanol N/A

Table a2 note(s)

Table a2 note a

This substance did not meet categorization criteria under subsection 73(1) of CEPA, and was prioritized through other mechanisms.

Return to table a2 note a referrer

Abbreviation: N/A, not available

1-Propanol and 2-propanol naturally occur in the environment. The remaining substances in the Selected C3-C5 Alcohols Group do not naturally occur in the environment.

The substances in the Selected C3-C5 Alcohols Group, except for propylene glycol, were included in a survey issued pursuant to section 71 of CEPA. In 2011, manufacturing quantities in Canada were reported for 1-propanol (1 410 kg), 2-propanol (over 10 000 000 kg), isobutanol (17 800 kg), and tert-butanol (over 10 000 000 kg), while 1-pentanol was not reported to be manufactured above the reporting threshold of 100 kg. In the same year, import quantities in Canada were reported for 1-propanol (8 285 724 kg), 2-propanol (17 934 589 kg), isobutanol (over 10 000 000 kg), tert-butanol (10 000 to 100 000 kg), and 1-pentanol (104 863 kg). According to the Canadian International Merchandise Trade Web Application, 24 199 865 kg of propylene glycol were imported into Canada in 2021.

According to information submitted in response to a CEPA section 71 survey for these substances (except propylene glycol), the primary reported use is in paints and coatings. Other main uses include ink, toners and colourants; cleaning and furnishing care (1-propanol, 2-propanol, and isobutanol); automotive, aircraft and transportation (2-propanol and 1-pentanol); personal-care products; adhesives and sealants; and oil and natural gas extraction (2-propanol). Substances in the Selected C3-C5 Alcohols Group may also be used in cosmetics (all except 1-pentanol), as food additives (2-propanol and propylene glycol), food flavouring agents (1-propanol, 2-propanol, isobutanol, and 1-pentanol), components in the manufacture of food packaging materials (all), incidental additives (tert-butanol), medicinal or non-medicinal ingredients in drugs (all except 1-pentanol) including natural health products (1-propanol, 2-propanol, propylene glycol, and tert-butanol), as active ingredients in pest control products (2-propanol and propylene glycol), as formulants in pest control products (all), and in other products available to consumers.

The ecological risks of the substances in the Selected C3-C5 Alcohols Group were characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances on the basis of their hazard and exposure profiles. Based on the outcome of the ERC analysis, the six substances in the Selected C3-C5 Alcohols Group are considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from the six substances in the Selected C3-C5 Alcohols Group. It is proposed to conclude that the six substances in the Selected C3-C5 Alcohols Group do not meet the criteria under paragraph 64(a) or (b) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

1-Propanol, 2-propanol, propylene glycol, isobutanol, and 1-pentanol are not identified as posing a high hazard to human health based on classifications by other national or international agencies for carcinogenicity, genotoxicity, developmental toxicity, or reproductive toxicity. They are assessed using the approach outlined in the science approach document for substances with low human health hazard potential. As these five substances are considered to be of low hazard potential, quantitative exposure estimates for these substances were not derived, and the risk to human health from these substances is considered to be low.

Exposure of the general population to tert-butanol is expected from air and drinking water, and from the use of various products available to consumers, such as cosmetics and drugs, including natural health products. In laboratory studies with tert-butanol, there were increased non-cancer kidney effects (nephropathy). There were increased incidences of kidney and thyroid tumours, although the relevance of increased kidney tumours to humans was unclear. tert-Butanol has not been shown to be genotoxic. A comparison between critical cancer and non-cancer effects and levels to which the general population may be exposed to tert-butanol from environmental media, cosmetics (such as teeth whitener, body lotion, and hair spray), natural health products (such as hand sanitizer), non-prescription drugs (such as sunscreen lotion), markers, and multi-purpose odour eliminator spray, resulted in margins of exposure that are considered adequate to account for 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 from exposure to substances. The potential for increased susceptibility during development and reproduction was assessed and age-specific exposure estimates were derived. Infants and young children are expected to have higher exposure to tert-butanol than adults. In addition, people living near industrial releases were considered in the screening assessment of tert-butanol. All of these populations were taken into consideration during assessment of the potential harm to human health.

Considering all the information presented in this draft screening assessment, it is proposed to conclude that the six substances in the Selected C3-C5 Alcohols Group do not meet the criteria under paragraph 64(c) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed overall conclusion

It is therefore proposed to conclude that the six substances in the Selected C3-C5 Alcohols Group do not meet any of the criteria set out in section 64 of CEPA.

The draft screening assessment for these substances is available on the Canada.ca (Chemical substances) website.

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after screening assessment of six Naphthalene Sulfonic Acids and Salts Group substances specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas two of the substances identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the screening assessment conducted on four substances pursuant to paragraphs 68(b) and (c) of the Act and on two substances pursuant to section 74 of the Act is annexed hereby;

And whereas it is concluded that the substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action at this time under section 77 of the Act for the two substances identified under subsection 73(1) of the Act.

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

Notice is also hereby given that the Minister of the Environment intends to amend the Domestic Substances List under subsection 87(3) of the Act to indicate that the significant new activity provisions under subsection 81(3) thereof apply with respect to DNNSA, BaDNNSA, and CaDNNSA.

Steven Guilbeault
Minister of the Environment

Jean-Yves Duclos
Minister of Health

ANNEX

Summary of the screening assessment of the Naphthalene Sulfonic Acids and Salts Group

Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment on six substances referred to collectively under the Chemicals Management Plan as the Naphthalene Sulfonic Acids and Salts Group. This screening assessment addresses the six substances listed in the table below.

Substances in the Naphthalene Sulfonic Acids and Salts Group
CAS RN table a3 note a Domestic Substances List name Acronym
1321-69-3 Naphthalenesulfonic acid, sodium salt NaNSA
25322-17-2 Naphthalenesulfonic acid, dinonyl- DNNSA
25619-56-1 Naphthalenesulfonic acid, dinonyl-, barium salt BaDNNSA
57855-77-3 Naphthalenesulfonic acid, dinonyl-, calcium salt CaDNNSA
60223-95-2 Naphthalenedisulfonic acid, dinonyl- DNNDSA
68425-61-6 Naphthalenesulfonic acid,
bis(1-methylethyl)-, compd. with cyclohexanamine (1:1)
CDINSA

Table a3 note(s)

Table a3 note a

The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society, and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

Return to table a3 note a referrer

All six substances in the NSAs Group are commercially produced and do not occur naturally in the environment. The six substances were included in surveys issued pursuant to section 71 of CEPA. According to information submitted, NaNSA was manufactured in a total quantity between 100 000 kg and 1 000 000 kg in 2015, and in 2011 less than 1 000 kg of CaDNNSA was manufactured in Canada. The remaining substances in the group were not manufactured in Canada, but were imported in quantities between 1 000 kg and 100 000 kg for each substance in either 2011 or 2015. In Canada, these substances have a variety of uses in fuels, lubricants, oil and natural gas extraction, paints and coatings, rubber materials, and water treatment.

The ecological risk of NaNSA 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. Based on the outcome of the ERC analysis, NaNSA is considered unlikely to be causing ecological harm.

The other five substances in the NSAs Group were assessed for ecological risk based on a mixture of empirical data and results from models, which informed the fate and effects of these substances. These five NSAs are likely persistent, but not bioaccumulative. For the ecological assessment, the substances in the NSAs Group were divided into two subgroups based on similarities in physical-chemical properties and hazard to aquatic organisms. The first subgroup, hereinafter referred to as the low solubility subgroup, includes DNNSA, BaDNNSA and CaDNNSA. The second subgroup, hereinafter referred to as the high solubility subgroup, includes DNNDSA and CDINSA. These two subgroups were considered separately for effects to aquatic organisms and ecological exposure. It was assumed that industrial uses were potentially interchangeable within each subgroup. The exposure scenarios examined in the ecological assessment included aquatic releases from lubricant oil blending, use of metal working fluids, formulation of paints and coatings, formulation of oil and gas products, formulation of fuels, and industrial use of paints. Exposure to sediment resulting from these releases, and exposure to soil via the application of biosolids to land were also considered. Low risk was identified from these five NSAs at current levels of exposure.

Considering all available lines of evidence presented in this screening assessment, there is a low risk of harm to the environment from the six substances in the NSAs Group. It is concluded that the six substances in the NSAs Group do not meet the criteria under paragraph 64(a) or (b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

With respect to human health, BaDNNSA and CDINSA were evaluated using the approach applied in the Rapid screening of substances with limited general population exposure to determine if a substance requires further assessment on the basis of the potential for direct and indirect exposure of the general population. On the basis of this approach, the potential for exposure of the general population to BaDNNSA and CDINSA was considered to be negligible, indicating a low probability of risk to human health. Therefore, BaDNNSA and CDINSA are considered to be a low concern for human health at current levels of exposure.

For the four other substances, Canadians may be exposed to DNNSA, CaDNNSA and DNNDSA mainly through drinking water, while NaNSA is not released to the environment. In addition, DNNSA may be used as an antistatic agent in certain food packaging materials with potential for direct food contact. However, exposure from this food packaging use is expected to be negligible. The general population is not expected to be exposed to NaNSA, DNNSA or DNNDSA from the use of products available to consumers. The use of a general purpose aerosol lubricant containing CaDNNSA may result in intermittent inhalation and dermal exposures to this substance.

NaNSA was not identified as posing a high hazard to human health on the basis of classifications by other national or international agencies for carcinogenicity, genotoxicity, developmental toxicity, or reproductive toxicity. Further investigation into the potential health effects of NaNSA was not pursued, as exposure of the Canadian general population to this substance is not expected. The health effects data for DNNSA, CaDNNSA and DNNDSA were limited; therefore, a read-across approach was used to inform the health effects characterization of these substances. On the basis of laboratory studies conducted on structurally related substances, the critical health effects of DNNSA, CaDNNSA, and DNNDSA are considered to be crystal formation in the kidneys and effects on the thyroid. Comparisons of levels of exposure to DNNSA or DNNDSA from environmental media to levels at which health effects occur result in margins that are considered adequate to address uncertainties in the health effects and exposure databases. Similarly, comparisons of levels of exposure to CaDNNSA from environmental media and from the use of a lubricant containing CaDNNSA to levels at which health effects occur result in margins that were considered adequate to address uncertainties in the health effects and exposure databases.

Considering all the information presented in this screening assessment, it is concluded that the six substances in the NSAs Group do not meet the criteria under paragraph 64(c) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Overall conclusion

It is therefore concluded that the six substances in the NSAs Group do not meet any of the criteria set out in section 64 of CEPA.

Consideration for follow-up

Because DNNSA, BaDNNSA, and CaDNNSA are listed on the Domestic Substances List (DSL), their import and manufacture in Canada are not subject to notification under the New Substances Notification Regulations (Chemicals and Polymers) under subsection 81(1) of CEPA. However, since DNNSA, BaDNNSA, and CaDNNSA are considered to have effects of concern, there is suspicion that new activities that have not been identified or assessed could lead to these substances meeting the criteria set out in section 64 of CEPA. Therefore, the Government of Canada intends to amend the DSL, under subsection 87(3) of the Act, to indicate that the significant new activity (SNAc) provisions under subsection 81(3) of the Act apply with respect to these substances.

A significant new activity can include an activity that has not been conducted with these substances in the past, or an existing one with a different quantity or in different circumstances that could affect the exposure pattern of these substances. The SNAc provisions trigger an obligation for a person (individual or corporation) to provide information about these substances when a person proposes to use these substances in a significant new activity. The ministers will assess the information provided by the notifier and other information available to them to determine whether these substances, if used in the proposed new activity, could pose a risk to the environment or human health, and, if so, whether risk management is required.

The screening assessment for these substances is available on the Canada.ca (Chemical substances) website.

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-007-23 — Decision on the Notice of Application Received from Ligado Networks (Canada) Inc. for Ancillary Terrestrial Component Authority in the L-Band (1526-1536 MHz, 1627.5-1637.5 MHz and 1646.5-1656.5 MHz)

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

The document sets out ISED’s decisions resulting from the consultation process undertaken in SMSE-011-22 — Notice of Application Received from Ligado Networks (Canada) Inc. for Ancillary Terrestrial Component Authority in the L-Band (1526-1536 MHz, 1627.5-1637.5 MHz and 1646.5-1656.5 MHz).

All comments and reply comments received in response to the consultation are available on ISED’s Spectrum Management and Telecommunications website.

Obtaining copies

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

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

May 29, 2023

Shari Scott
Acting Director General
Engineering, Planning and Standards Branch
Innovation, Science and Economic Development Canada

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

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

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council appointments website.

Governor in Council appointment opportunities
Position Organization Closing date
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 Foundation for Sustainable Development Technology  
Director Canada Revenue Agency  
Chairperson Canadian Accessibility Standards Development Organization  
Director Canadian Accessibility Standards Development Organization  
Director Canadian Commercial Corporation  
Director Canadian Energy Regulator  
Chief Commissioner Canadian Grain Commission  
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  
Member Canadian International Trade Tribunal  
Permanent Member Canadian Nuclear Safety Commission  
President Canadian Nuclear Safety Commission  
Member Canadian Radio-television and Telecommunications Commission  
Member Canadian Statistics Advisory Council  
Director Canadian Tourism Commission  
Chairperson Canadian Transportation Accident Investigation and Safety Board  
Member Canadian Transportation Accident Investigation and Safety Board  
Member Canadian Transportation Agency  
Director Export Development Canada  
Director First Nations Financial Management Board  
Commissioner First Nations Tax Commission  
Member Historic Sites and Monuments Board of Canada  
Law Clerk and Parliamentary Counsel House of Commons  
Commissioner International Commission on the Conservation of Atlantic Tunas  
President International Development Research Centre  
Commissioner International Joint Commission  
Dispute/Appellate Panellist Internal Trade Secretariat — Canadian Free Trade Agreement  
Chairperson Military Grievances External Review Committee  
Vice-Chairperson Military Grievances External Review Committee  
Chairperson National Advisory Council on Poverty  
Member National Advisory Council on Poverty  
Member (Children’s Issues) National Advisory Council on Poverty  
Commissioner National Battlefields Commission  
Director National Gallery of Canada  
Member Net-Zero Advisory Body  
Canadian Representative North Atlantic Salmon Conservation Organization  
Canadian Representative North Pacific Anadromous Fish Commission  
Conflict of Interest and Ethics Commissioner Office of the Conflict of Interest and Ethics Commissioner  
Public Sector Integrity Commissioner Office of the Public Sector Integrity Commissioner  
Member Patented Medicine Prices Review Board  
Vice-Chairperson Patented Medicine Prices Review Board  
Commissioner Public Service Commission  
President Public Service Commission  
Principal Royal Military College of Canada  
Member Standards Council of Canada  
Chief Executive Officer Windsor-Detroit Bridge Authority  

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following person of the Royal Canadian Mounted Police as a fingerprint examiner:

Ottawa, May 23, 2023

Julie Thompson
Director General
Crime Prevention Branch

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following person of the Winnipeg Police Service as a fingerprint examiner:

Ottawa, May 23, 2023

Julie Thompson
Director General
Crime Prevention Branch

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Revocation of designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the Royal Canadian Mounted Police as a fingerprint examiner:

Ottawa, May 23, 2023

Julie Thompson
Director General
Crime Prevention Branch

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, 2023

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, 2023 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 under paragraphs 35(1)(e)footnote a, 35.1(1)(k)footnote b and 136(1)(f)footnote c and subsection 190(1)footnote d of the Canada Shipping Act, 2001 footnote e;

Therefore, the Minister of Transport makes the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2023 under subsection 10.1(1)footnote f of the Canada Shipping Act, 2001 footnote e.

Ottawa, May 31, 2023

Omar Alghabra
Minister of Transport

Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2023

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)

Non-Application

Vessels

2 (1) This Interim Order does not apply to

Persons

(2) This Interim Order does not apply to

Approach Distance Prohibition

Vessels

3 (1) Beginning on June 1, 2023, 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

Persons

4 (1) Beginning on June 1, 2023, 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

Prohibition Against Positioning Vessel in Path

Vessels

5 (1) Beginning on June 1, 2023, a vessel must not position itself such that the vessel is in the path of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

Persons

6 (1) Beginning on June 1, 2023, a person operating a vessel must not position the vessel such that it is in the path of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

Interim Sanctuary Zones

Vessels

7 (1) During the period beginning on June 1, 2023 and ending on November 30, 2023, a vessel must not navigate in the waters indicated in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to

Persons

8 (1) During the period beginning on June 1, 2023 and ending on November 30, 2023, a person must not operate a vessel in the waters indicated in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to

Speed-Restricted Zones

Vessels

9 (1) During the period beginning on June 1, 2023 and ending on November 30, 2023, a vessel must not proceed at a speed in excess of 10 knots over ground in the waters indicated in Schedule 3.

Exceptions

(2) Subsection (1) does not apply to a vessel that is operating without a motor.

Persons

10 (1) During the period beginning on June 1, 2023 and ending on November 30, 2023, a person must not operate a vessel at a speed in excess of 10 knots over ground in the waters indicated in Schedule 3.

Exceptions

(2) Subsection (1) does not apply to a person operating a vessel referred to in subsection 9(2).

Authorizations

Whale-watching and ecotourism

11 (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 or ecotourism at a distance of between 200 m and 400 m in the waters indicated in Schedule 1 if the authorization does not compromise the protection of killer whales and the marine environment or compromise marine safety.

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, in respect of a non-commercial activity that promotes compliance with and monitoring of measures taken to protect killer whales if the authorization does not compromise the protection of killer whales and the marine environment or compromise marine safety:

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:

Conditions

(4) An authorization is subject to conditions respecting the protection of killer whales, including those respecting the reduction of the risk of physical and acoustic disturbances to Southern Resident killer whales. An authorization may also be subject to conditions respecting the protection of the marine environment or marine safety.

Authorization on board vessels

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

Modification

(6) The Minister may modify an authorization, and must inform the holder of the authorization in writing, if the Minister considers it necessary for the protection of killer whales, the protection of the marine environment or marine safety.

Suspension

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

Reinstatement

(8) The Minister may reinstate a suspended authorization, and inform the holder of the authorization in writing, if the matter that gave rise to the suspension has been resolved.

Revocation

(9) The Minister may revoke an authorization, and must inform the holder of the authorization in writing, if

Additional requirements of authorization

12 (1) A person who is operating a vessel to which an authorization was issued must

Prohibition on advertising

(2) After an authorization is issued under subsection 11(1), 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 commercial whale-watching excursions or commercial ecotourism excursions.

SCHEDULE 1

(Subsections 3(1), 4(1), 5(1), 6(1) and 11(1) and paragraph 11(2)(a))

Waters Subject to Certain Prohibitions
The waters subject to the prohibitions referred to in sections 3 to 6 bounded by a line
beginning at 50°03.807′N 124°50.610′W [Sarah Point];
then to 49°52.486′N 124°33.903′W [north Powell River];
then to 49°52.426′N 124°33.912′W [south Powell River];
then to 49°46.436′N 124°16.815′W [north Jervis Inlet/Thunder Bay];
then to 49°44.262′N 124°13.260′W [south Jervis Inlet];
then to 49°43.838′N 124°12.572′W [north Blind Bay];
then to 49°43.018′N 124°11.228′W [south Ballet Bay];
then to 49°39.450′N 124°05.148′W [west Agamemnon Channel];
then to 49°39.313′N 124°04.355′W [east Agamemnon Channel];
then to 49°19.301′N 123°08.888′W [north Burrard Inlet];
then to 49°18.775′N 123°08.882′W [south Burrard Inlet];
then to 49°15.608′N 123°15.755′W [Cowards Cove];
then to 49°15.173′N 123°16.247′W [east Sea Island];
then to   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 7(1), paragraphs 7(2)(a) and (b), subsection 8(1) and paragraph 11(2)(b))

Interim Sanctuary Zones

1. Saturna Island

The waters off Saturna Island bounded by a line

beginning at 48°47.150′N 123°02.733′W [northern boundary of East Point (shoreline)];
then to 48°47.367′N 123°02.915′W [Tumbo Channel];
then to 48°47.617′N 123°02.483′W [northwest boundary (east of Tumbo Point)];
then to 48°47.473′N 123°01.975′W [northeast boundary (Boiling Reef)];
then to 48°46.558′N 123°03.147′W [Boundary Pass];
then to 48°46.333′N 123°03.805′W [southeast boundary];
then to 48°46.350′N 123°05.150′W [southwest boundary (Narvaez Bay)];
then to 48°46.683′N 123°05.150′W [Fiddlers Cove];
then to 48°47.150′N 123°02.733′W [northern boundary of East Point (shoreline)].

2. Pender Island

The waters off Pender Island bounded by a line

beginning at 48°45.817′N 123°19.300′W [northwest boundary];
then to 48°46.217′N 123°18.867′W [northeast boundary];
then to 48°44.167′N 123°13.917′W [southeast boundary];
then to 48°44.153′N 123°15.517′W [southwest boundary];
then to 48°45.817′N 123°19.300′W [northwest boundary].

SCHEDULE 3

(Subsections 9(1) and 10(1))

Speed-Restricted Zones

1. Mouth of the Nitinat River

The waters of the mouth of the Nitinat River bounded by a line

beginning at 48°42.377′N 125°00.000′W [northwest boundary];
then to 48°36.683′N 125°00.000′W [northwest boundary (Swiftsure Bank)];
then to 48°36.683′N 124°45.083′W [southeast boundary (Carmanah Point)];
then along the coastline to 48°42.377′N 125°00.000′W [northeast boundary].

2. Swiftsure Bank

The waters off Swiftsure Bank bounded by a line

beginning at 48°34.000′N 125°06.000′W [northwest boundary];
then to 48°32.100′N 125°01.760′W [southwest boundary];
then to 48°32.100′N 124°49.545′W [southern boundary (traffic separation scheme lane)];
then to 48°32.017′N 124°46.593′W [southern boundary (traffic separation scheme lane)];
then to 48°31.150′N 124°43.483′W [southeast boundary];
then to 48°35.717′N 124°43.067′W [northeast boundary];
then to 48°34.000′N 124°54.190′W [northern boundary];
then to 48°34.000′N 125°06.000′W [northwest boundary].

DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

Ship-source Oil Pollution Fund

Pursuant to section 113footnote 6 of the Marine Liability Act (the Act) and the Marine Liability and Information Return Regulations made pursuant to paragraph 113(3)(b)footnote 6 of the Act, the amount of the levy in respect of payments into the Ship-source Oil Pollution Fund required by subsection 114.1(2)footnote 6 of the Act would be 59.14 cents if the levy were to be imposed or reimposed pursuant to subsection 114(1)footnote 6 of the Act during the fiscal year commencing April 1, 2023.

Omar Alghabra, P.C., M.P.
Minister of Transport