Canada Gazette, Part I, Volume 158, Number 22: GOVERNMENT NOTICES

June 1, 2024

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 21810

Ministerial condition
(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 2-propenoic acid, 2-methyl-,2-hydroxyethyl ester, polymer with hexadecyl 2-propenoate, octadecyl 2-propenoate and polyfluoroalkyl 2-methyl-2-propenoate, Confidential Substance Identity Number 19721-9;

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 subject to the conditions of the following annex.

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

ANNEX

Conditions
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

“notifier”
means the person who has, on March 26, 2024, 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);
“substance”
means 2-propenoic acid, 2-methyl-,2-hydroxyethyl ester, polymer with hexadecyl 2-propenoate, octadecyl 2-propenoate and polyfluoroalkyl 2-methyl-2-propenoate, Confidential Substance Identity Number 19721-9.

2. The notifier may manufacture or import the substance subject to the present ministerial conditions.

Restrictions

3. 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:

Environmental release

4. Where release of the substance to the environment occurs during the manufacture of the substance or the manufacture of products containing the substance, 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.

Other requirements

5. The notifier shall, prior to transferring the physical possession or control of the substance to any person:

Record-keeping requirements

6. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

(2) When the notifier learns of a change to the address referred to in paragraph (1)(c), the notifier must update the electronic or paper records mentioned in subsection (1) accordingly within 30 days after learning of the change.

(3) The notifier shall create the electronic or paper records mentioned in subsection (1) no later than 30 days after the date the information or documents become available.

(4) The notifier shall maintain the electronic or paper records mentioned in subsection (1)

(5) Any records mentioned in subsection (1) that are kept electronically must be in an electronically readable format.

Coming into force

7. The present ministerial conditions come into force on May 23, 2024.

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Vancouver Fraser Port Authority — Supplementary letters patent

WHEREAS the Governor in Council issued a Certificate of Amalgamation containing letters patent to amalgamate the Vancouver Port Authority, the Fraser River Port Authority and the North Fraser Port Authority and to continue as one port authority named the Vancouver Fraser Port Authority (“Authority”), effective January 1, 2008;

WHEREAS Schedule C of the letters patent sets out the real property, other than federal real property, held or occupied by the Authority;

WHEREAS, pursuant to subsection 46(2.1) of the Canada Marine Act (“Act”), the Authority wishes to acquire real properties described below;

WHEREAS the board of directors of the Authority has requested that the Minister of Transport issue supplementary letters patent to set out the real properties in Schedule C of the letters patent;

AND WHEREAS the Minister of Transport is satisfied that the amendments to the letters patent are consistent with the Act;

NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent are amended as follows:

1. Schedule C of the letters patent is amended by adding the following after property description “Parcel A Section 32 Block 4 North Range 5 West New Westminster District Plan EPP47787”:
PID NUMBER DESCRIPTION
001-525-905 Lot 2, Except; Part on SRW Plan LMP20327 Section 19 Block 5 North Range 2 West New Westminster District Plan 14280
009-932-313 Lot 1, Except; Part on SRW Plan LMP20327 Section 19 Block 5 North Range 2 West New Westminster District Plan 14280

2. These supplementary letters patent take effect on the date of registration of the title, in the New Westminster Land Title Office, of each parcel of land subject to the transaction.

ISSUED this 17th day of May, 2024.

The Honourable Pablo Rodriguez, P.C., M.P.
Minister of Transport

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. DGSO-003-24 — Consultation Relating to the Use of Radiocommunication Devices in Auto Theft

The intent of this notice is to announce a consultation process entitled DGSO-003-24, Consultation Relating to the Use of Radiocommunication Devices in Auto Theft. This consultation process will enable Innovation, Science and Economic Development Canada (ISED) to gather pertinent information relating to the use of radiocommunication devices in auto theft.

Submitting comments

Interested parties should submit their comments no later than June 17, 2024. Respondents are requested to provide their comments in electronic format (Microsoft Word or Adobe PDF) to ic.spectrumoperations-operationsduspectre.ic@canada.ca. Soon after the close of the comment period, all comments will be posted on the ISED Spectrum Management and Telecommunications website. Following the initial comment period, ISED may, at its discretion, request additional information if needed to clarify significant positions or new proposals.

Written submissions should be addressed to the Senior Director, Spectrum Operations Directorate, Spectrum Management Operations Branch, Innovation, Science and Economic Development Canada, 235 Queen Street, 6th Floor, East Tower, Ottawa, Ontario K1A 0H5.

All submissions should cite the Canada Gazette, Part I, the publication date, the title and the reference number of this notice (DGSO-003-24).

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.

June 1, 2024

Amy Jensen
Acting Senior Director
Spectrum Management Operations Branch

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

DIRECTOR OF PUBLIC PROSECUTIONS ACT

Assignment

1. Under paragraph 3(3)(g) of the Director of Public Prosecutions Act, I assign to the Director of Public Prosecutions the powers, duties and functions of the Attorney General of Canada as set out on May 21, 2024, in the following Acts:

2. The Assignment under paragraph 3(3)(g) of the Director of Public Prosecutions Act published in the Canada Gazette on March 16, 2019, is repealed on the day that this Assignment is made.

Ottawa, May 21, 2024

The Honourable Arif Virani
Attorney General of Canada

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

DIRECTOR OF PUBLIC PROSECUTIONS ACT

Directive

Whereas Directive 3.8 “Alternative Measures” was issued by the Attorney General on June 16, 2014, and published in the Canada Gazette on August 30, 2014, to authorize the use of alternative measures pursuant to paragraph 717(1)(a) of the Criminal Code and govern their use by federal prosecutors;

Whereas one of the fundamental principles underlying the use of alternative measures under section 717 of the Criminal Code is that criminal proceedings should be used with restraint;

Whereas the Director of Public Prosecutions requested that Directive 3.8 “Alternative Measures” be replaced by a guideline issued by the Director of Public Prosecutions pursuant to paragraph 3(3)(c) of the Director of Public Prosecutions Act to provide more flexibility to respond to legal and social changes;

Whereas this flexibility is in the public interest to address the overrepresentation of Indigenous, Black, racialized and marginalized groups in the criminal justice system;

Whereas I have consulted the Director of Public Prosecutions under subsection 10(2) of the Director of Public Prosecutions Act:

  1. I direct that Directive 3.8 “Alternative Measures” of the Attorney General to the Director of Public Prosecutions issued on June 16, 2014, and published in the Canada Gazette on August 30, 2014, ceases to be in effect on the date when the Director of Public Prosecutions issues a guideline on alternative measures pursuant to paragraph 3(3)(c) of the Director of Public Prosecutions Act and publishes it on the website of the Public Prosecutions Service of Canada.

Ottawa, May 21, 2024

The Honourable Arif Virani
Attorney General of 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 Bank of Canada  
Director Canada Foundation for Sustainable Development Technology  
Director Canada Infrastructure Bank  
Director Canada Lands Company Limited  
Chairperson Canada Mortgage and Housing Corporation  
Director Canada Mortgage and Housing Corporation  
President Canada Mortgage and Housing Corporation  
Director Canadian Air Transport Security Authority  
President Canadian Broadcasting Corporation  
Director Canadian Commercial Corporation  
Commissioner Canadian Energy Regulator  
Director Canadian Energy Regulator  
Chief Commissioner Canadian Human Rights Commission  
Member Canadian Institutes of Health Research  
President Canadian Institutes of Health Research  
Chairperson Canadian Museum for Human Rights  
President Canadian Nuclear Safety Commission  
Director Canadian Race Relations Foundation  
Director Canadian Tourism Commission  
Chairperson Canadian Transportation Accident Investigation and Safety Board  
Member Copyright Board  
Executive Head Employment Insurance Board of Appeal June 20, 2024
Member Employment Insurance Board of Appeal June 20, 2024
Regional Coordinator Employment Insurance Board of Appeal June 20, 2024
Director Export Development Canada  
Commissioner Financial Consumer Agency of Canada  
Commissioner First Nations Tax Commission  
Director (Federal) Halifax Port Authority  
Deputy Chairperson and Member, Refugee Appeal Division Immigration and Refugee Board  
Member Independent Advisory Board on Eligibility for Journalism Tax Measures  
Vice-Chairperson Independent Advisory Board on Eligibility for Journalism Tax Measures  
Chairperson Laurentian Pilotage Authority  
Commissioner Law Commission of Canada  
Parliamentary Librarian Library of Parliament  
Chairperson National Advisory Council on Poverty  
Member (Children’s Issues) National Advisory Council on Poverty  
Member National Arts Centre Corporation  
Chairperson National Gallery of Canada  
Chairperson National Seniors Council  
Member National Seniors Council  
Member Natural Sciences and Engineering Research Council  
Canadian Representative North Atlantic Salmon Conservation Organization  
Director of Public Prosecutions Office of the Director of Public Prosecutions  
Member Parole Board of Canada June 7, 2024
Administrator Ship-source Oil Pollution Fund and Fund for Railway Accidents Involving Designated Goods  
Chief Statistician Statistics Canada  
Member Telefilm Canada  
Chairperson VIA Rail Canada Inc.  
Director VIA Rail Canada Inc.  

DEPARTMENT OF HEALTH

Notice of intent to consult on modernization of provisions pertaining to hospitals and practitioners in regulations made under the Controlled Drugs and Substances Act

This notice of intent initiates the next phase of Health Canada’s regulatory modernization work with regards to controlled substances. It serves to initiate a broader dialogue with interested parties, including provinces and territories, Indigenous communities and organizations, health care professionals and associations, other stakeholders and the general public regarding Health Canada’s intent to update regulatory provisions related to hospitals and practitioners. The feedback and input gathered from this consultation will inform future regulatory changes.

Given Canada’s health care system transformation, the Department would like to provide interested parties with the opportunity to be heard as it considers further updates that may be needed to the regulatory framework for controlled substances. Health Canada is seeking input about realities in delivering health care, including any gaps or barriers that may stem from the existing provisions with respect to activities related to controlled substances in various health care settings, and any solutions for overcoming them.

Background

The Controlled Drugs and Substances Act (CDSA) provides a legislative framework for the control of substances that can alter mental processes and that pose risks to public health and public safety when used inappropriately or diverted to the illegal market. Defined as controlled substances, these substances are listed in Schedules I, II, III, IV and V to the CDSA. The CDSA prohibits any person from conducting activities with controlled substances unless authorized by regulation or exempted in accordance with section 56 of the Act.

The Canadian legislative and regulatory framework for controlled substances has evolved over decades to address emerging issues and meet international commitments under the United Nations international drug control conventions. This evolution has resulted in a series of regulations that, while containing broadly similar provisions, also feature gaps and inconsistencies with respect to the authorizations and requirements that apply to the four different categories of controlled substances (i.e. narcotics, controlled drugs, targeted substances, and restricted drugs).

Health Canada has taken a phased approach to modernizing the regulations for controlled substances, which includes

The proposed CSR would consolidate the Narcotic Control Regulations, the Benzodiazepines and Other Targeted Substances Regulations, Parts G and J of the Food and Drug Regulations and the New Classes of Practitioners Regulations and incorporate six class exemptions into one new set of regulations. Changes to the regulations, in particular to the part pertaining to pharmacists, have also been proposed in response to stakeholder feedback.

Health Canada recognizes, however, that there may be a need for further modernization.

Context

Since publicly funded health care began in Canada, health care services and the way they are delivered have changed — from a reliance on hospitals and doctors to alternative care delivery in clinics, primary health care centres, community health centres and home care, and an improved supply and distribution of a wider range of health care providers with changes to their scopes and patterns of practice. The regulations for controlled substances under the CDSA, which are dated, have not kept pace with this evolution in health care service delivery.

While controlled substances have important uses in medicine, including as treatments for a variety of conditions such as pain, substance use disorders, attention deficit hyperactivity disorder, seizures, and anxiety, these substances also generally pose higher risks to public health and public safety than other categories of authorized medicines. Strict regulatory controls must be maintained to protect against misuse and diversion.

Health Canada has identified the areas of focus below for its next phase of regulatory modernization and would welcome any additional topics that should be considered.

Hospitals and other health care facilities and services

Under the proposed CSR, the term hospital would be defined as:

“a facility:

Controlled substances are often needed for patient care in other “non-hospital” health care facilities such as long-term care, community care, and hospice or palliative care facilities, as well as in health care services such as home care and emergency medical services.

However, there remain three distinct parts to the regulations made under the CDSA that authorize activities with controlled substances conducted by

To address situations not captured by the regulations, Health Canada has issued class exemptions, including

Input from stakeholders is required to help Health Canada determine whether there is a need to enable activities with controlled substances in health care facilities other than hospitals, and whether the current regulatory structure still makes sense.

Practitioners and other health care professionals

Under the CDSA, the term practitioner is defined as “a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner.” The New Classes of Practitioners Regulations authorize nurse practitioners, midwives, and podiatrists to conduct activities with controlled substances, including the prescribing of authorized medicines containing controlled substances.

Under the current regulatory framework, only practitioners are authorized to perform activities with controlled substances in both hospital and non-hospital settings and to prescribe controlled substances. The authorization to conduct activities with controlled substances outside of a hospital setting does not extend to other health care professionals, such as nurses and paramedics. Certain health care professionals are only authorized to provide or administer medications, including controlled substances, if they obtain an order or prescription from a practitioner under whose direction they are treating the patient.

Input from stakeholders is required to help Health Canada determine whether there is a need to authorize activities with controlled substances by additional categories of health care professionals, as part of the next phase of the regulatory modernization work.

Pharmacists

Pharmacists are medication experts and play a significant role in health care service delivery. The scope of practice for pharmacists continues to expand across Canada. While pharmacists can initiate a prescription for certain medications or for specified conditions or circumstances in most provinces, they cannot initiate a new prescription for controlled substances. Health Canada has heard that, in some provinces, pharmacists are playing important roles in health care service delivery in settings outside of pharmacies and hospitals, such as long-term and palliative care facilities. These expansions in scope of practice are not reflected in the current regulations or in the proposed CSR.

While the current regulatory framework does not permit pharmacists to initiate new prescriptions for controlled substances, activities such as adjusting the formulation, adjusting the dose and regimen, de-prescribing and part-filling are permitted, provided the quantity dispensed does not exceed the amount originally authorized. Since 2020, pharmacists have also been able to extend an existing prescription through a section 56 class exemption put in place during the early days of the COVID-19 pandemic. Health Canada has heard that there may be a need to expand the scope of authorized activities with controlled substances by pharmacists. The Department is committed to further explore this issue in collaboration with provincial and territorial partners, including pharmacy regulatory authorities, and other stakeholders.

Input from stakeholders is required to help Health Canada identify any additional regulatory changes (beyond those proposed in the draft CSR) that may be needed to support pharmacy innovation and to more fully utilize the expertise of pharmacists in health care service delivery.

Submitting comments

The publication of this notice in the Canada Gazette, Part I, initiates a six-month consultation period ending December 1, 2024. All feedback received through this consultation will inform the development of future proposed regulatory amendments.

Interested parties may submit comments for the Notice of Intent by email at csd.regulatory.policy-politique.reglementaire.dsc@hc-sc.gc.ca with “Notice of intent —CGI 2024” in the subject line. Comments can also be submitted by mail to the Office of Legislative and Regulatory Affairs, Controlled Substances and Overdose Response Directorate, Controlled Substances and Cannabis Branch, Department of Health, Address Locator: 0302A, 150 Tunney’s Pasture Driveway, Ottawa, Ontario K1A 0K9.