ARCHIVED — Vol. 150, No. 26 — June 25, 2016

Warning This Web page has been archived on the Web.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

GOVERNMENT NOTICES

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 the substance ethanol, 2-[(2-aminoethyl)amino]-, also known as AEEA

Whereas the substance ethanol, 2-[(2-aminoethyl)amino]- (Chemical Abstracts Service [CAS] Registry No. 111-41-1) is specified on the Domestic Substances List (see footnote a);

Whereas the Minister of the Environment and the Minister of Health have conducted a screening assessment of the substance under section 68 or 74 of the Canadian Environmental Protection Act, 1999 (see footnote b) and on May 28, 2016, published in the Canada Gazette, Part I, the final screening assessment report;

Whereas the ministers are satisfied that the substance is, in any one calendar year, being manufactured in or imported into Canada by any person in a quantity of more than 100 kg for commercial or industrial uses or limited use in consumer products;

And whereas the ministers suspect that the information concerning a significant new activity in relation to this substance may contribute to determining the circumstances in which the substance is 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 activity relating to the substance 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 be sent by mail to the Executive Director, Program Development and Engagement Division, Environment and Climate Change Canada, Gatineau, Quebec K1A 0H3, by fax at 819-938-5212, or by email at eccc.substances.eccc@canada.ca.

The final screening assessment report for the substance may be obtained from the Government of Canada’s Chemical Substances Web site (www.chemicalsubstanceschimiques.gc.ca).

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

DAVID MORIN
Director General
Science and Risk Assessment Directorate
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:

  • 111-41-1

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

Column 1

Column 2

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

111-41-1 S′

1. In relation to the substance in Column 1 opposite to this section:

  • (a) the use of the substance in the manufacture of a consumer product to which the Canada Consumer Product Safety Act applies that contains the substance at a concentration equal to or greater than 0.1% by weight and that is to be sold in a container size larger than 250 mL; or
  • (b) any activity involving a consumer product to which the Canada Consumer Product Safety Act applies that contains the substance at a concentration equal to or greater than 0.1% by weight and that is to be sold in a container size larger than 250 mL, if the product involved in the activity, during any one calendar year, contains a total quantity of the substance greater than 10 kg.

2. Despite item 1, the use of the substance as a research and development substance or as a site-limited intermediate substance as these expressions are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), or as an export-only substance is not a significant new activity.

3. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the commencement of the proposed significant new activity:

  • (a) a description of the significant new activity in relation to the substance;
  • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
  • (c) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (d) the information specified in paragraphs 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
  • (e) a description of the consumer product that contains the substance, the intended use of that consumer product and the function of the substance in that consumer product;
  • (f) a description of how the consumer product is intended to be used or applied;
  • (g) the total quantity of the consumer product expected to be sold in Canada in a calendar year by the person undertaking the significant new activity;
  • (h) a summary of all other information and test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
  • (i) the identification of every government agency, either outside or within Canada, that the person proposing the significant new activity has notified of the substance and, if known, the agency’s file number, the outcome of the assessment and the risk management actions in relation to the substance imposed by the agency;
  • (j) 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 that is authorized to act on their behalf; and
  • (k) 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 that is authorized to act on their behalf.

4. The above information will be assessed within 90 days after the day on which it is received by the Minister.

COMING INTO FORCE

3. The Order would come into force on the day on which it is registered.

EXPLANATORY NOTE

(This explanatory note is not part of the Notice of Intent.)

Description

The Notice of Intent (NOI) is an opportunity for the public to comment on the proposed amendments to the Domestic Substances List (DSL) to apply the Significant New Activity (SNAc) provisions to the substance ethanol, 2-[(2-aminoethyl)amino]- (also known as AEEA, Chemical Abstracts Service Registry Number [CAS RN] 111-41-1), pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 (CEPA). (see footnote 1)

Within 60 days of publication of the Notice of Intent, any person may submit comments to the Minister of the Environment and Climate Change. Comments received will be taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to this substance.

A number of other SNAc instruments are to be published in the near future that will also target consumer products. As a result, stakeholder input provided in response to the consumer product language proposed in this NOI may not be reflected in upcoming NOIs due to publication timelines. However, the input will be taken into consideration during the development of all related notices and orders that pertain to consumer products.

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.

Information-gathering methods other than the use of the SNAc provisions were considered, including the addition of the substance to the list of substances subject to the DSL Inventory Update, and the periodic market surveillance of products through the analysis of Safety Data Sheets (SDSs). (see footnote 2) However, these tools would collect information after the substance may have been used in consumer products. This could potentially lead to exposure levels of concern.

Applicability of the proposed Order

At this time, it is proposed that the Order amending the DSL would require any person (individual or corporation) engaging in a significant new activity in relation to ethanol, 2-[(2-aminoethyl)amino]- (CAS RN 111-41-1) to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 90 days prior to the import, manufacture or use of the substance for the significant new activity.

In order to address human health concerns, the Order would target the use of the substance in consumer products to which the Canada Consumer Product Safety Act (CCPSA) (see footnote 3) applies. For the manufacture of such products, notification would be required when the concentration of the substance in the product is 0.1% by weight or more and the product is sold in a container larger than 250 mL.

For any other consumer product-related activity, notification would be required when, in a calendar year, the concentration of the substance in the product is 0.1% by weight or more; the product is to be sold in a container larger than 250 mL; and the total quantity of the substance contained in the product is greater than 10 kg. For example, notification would be required if a company imports a product (for example paint) to be used by consumers in containers larger than 250 mL, where the concentration of the substance in the product is 0.1% or greater and where there is more than 10 kg of the substance involved in a calendar year. Examples of products of concern would include, but would not be limited to, do-it- yourself products such as paints, coatings, adhesives, sealants, and epoxies. Therefore, the import, manufacture, or use of the substance for such products as defined in the Order would require notification. The substance AEEA is not known to be currently used in consumer products in Canada.

Activities not subject to the proposed Order

The manufacture of consumer products that contain the substance would not be subject to the Order if the concentration of the substance in the product is less than 0.1% by weight or if the product is to be sold in a container with a volume equal to or less than 250 mL. Any other activity involving a consumer product would not be subject to the Order if the product contains a total quantity of the substance of 10 kg or less in a calendar year. For activities involving more than 10 kg of the substance in a calendar year, the Order would not apply if the concentration of the substance in the consumer product involved in the activity is less than 0.1% by weight or if the product is to be sold in a container with a volume equal to or less than 250 mL.

Activities involving the use of the substance as a research and development substance, a site-limited intermediate or an export-only substance would be excluded from the Order. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). (see footnote 4) An export-only substance is a substance that is manufactured or imported in Canada and destined solely for foreign markets.

The proposed Order would not apply to consumer products to which the Canada Consumer Product Safety Act (CCPSA) does not apply [see Annex A for the CCPSA definition of “consumer product” and exemptions] or to uses of this substance that are regulated under the Acts of Parliament listed in Schedule 2 of CEPA, namely the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The Order would also not apply to transient reaction intermediates, impurities, contaminants, or partially unreacted intermediates, or in some circumstances to items such as, but not limited to, wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information. (see footnote 5)

Information to be submitted

The Notice of Intent sets out the proposed requirements for information that would need to be provided to the Minister 90 days before the day on which the substance is imported, manufactured or used for a significant new activity. Environment Canada and Health Canada will use the information submitted in the SNAN 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 in respect of the substance, details surrounding its use, and exposure information. Some of the proposed information requirements set out in the proposed Order reference the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Compliance

When assessing whether or not a substance is subject to SNAc provisions, (see footnote 6) a person is expected to make use of information in their possession or to which they ought to have access. The phrase “to which they ought to have access” 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 Sheets (SDSs).

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 substance AEEA is toxic or capable of becoming toxic, the person who is in possession or has knowledge of the information and is involved in activities with the substance is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession or control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by the original SNAN submitted by the person from whom they obtained the substance. The Substances Management Advisory Note, Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999, provides more detail on this subject. (see footnote 7)

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.

A pre-notification consultation (PNC) is available for notifiers 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. (see footnote 8)

CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. (see footnote 9) In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, potential harm, intent and history of compliance.

ANNEX A:

Consumer Product Definition in the Canada Consumer Product Safety Act (CCPSA) (see footnote 10)

In section 2 of the CCPSA, “consumer product” means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging. Section 4 of the CCPSA describes the application of the Act as follows:

Consumer products

4. (1) This Act applies to consumer products with the exception of those listed in Schedule 1.

Tobacco products

(2) This Act applies to tobacco products as defined in section 2 of the Tobacco Act but only in respect of their ignition propensity.

Natural health products

(3) For greater certainty, this Act does not apply to natural health products as defined in subsection 1(1) of the Natural Health Products Regulations made under the Food and Drugs Act.

Schedule 1 of the Canada Consumer Product Safety Act (CCPSA) [subsection 4(1) and paragraph 37(1)(c)]
  1. Explosives within the meaning of section 2 of the Explosives Act.
  2. Cosmetics within the meaning of section 2 of the Food and Drugs Act.
  3. Devices within the meaning of section 2 of the Food and Drugs Act.
  4. Drugs within the meaning of section 2 of the Food and Drugs Act.
  5. Food within the meaning of section 2 of the Food and Drugs Act.
  6. Pest control products within the meaning of subsection 2(1) of the Pest Control Products Act.
  7. Vehicles within the meaning of section 2 of the Motor Vehicle Safety Act and a part of a vehicle that is integral to it — as it is assembled or altered before its sale to the first retail purchaser — including a part of a vehicle that replaces or alters such a part.
  8. Feeds within the meaning of section 2 of the Feeds Act.
  9. Fertilizers within the meaning of section 2 of the Fertilizers Act.
  10. Vessels within the meaning of section 2 of the Canada Shipping Act, 2001.
  11. Firearms within the meaning of section 2 of the Criminal Code.
  12. Ammunition within the meaning of subsection 84(1) of the Criminal Code.
  13. Cartridge magazines within the meaning of subsection 84(1) of the Criminal Code.
  14. Cross-bows within the meaning of subsection 84(1) of the Criminal Code.
  15. Prohibited devices within the meaning of paragraphs (a) to (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.
  16. Plants within the meaning of section 3 of the Plant Protection Act, except for Jequirity beans (abrus precatorius).
  17. Seeds within the meaning of section 2 of the Seeds Act, except for Jequirity beans (abrus precatorius).
  18. Controlled substances within the meaning of subsection 2(1) of the Controlled Drugs and Substances Act.
  19. Aeronautical products within the meaning of subsection 3(1) of the Aeronautics Act.
  20. Animals within the meaning of subsection 2(1) of the Health of Animals Act.

[26-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2016-66-07-02 Amending the Non-domestic Substances List

The Minister of the Environment, pursuant to subsection 66(2) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Order 2016-66-07-02 Amending the Non-domestic Substances List.

Gatineau, June 14, 2016

Catherine McKenna
Minister of the Environment

Order 2016-66-07-02 Amending the Non-domestic Substances List

Amendments

1 Part I of the Non-domestic Substances List (see footnote 11) is amended by adding the following in numerical order:

  • 2175-90-8
  • 180063-56-3
  • 1246042-44-3
  • 1622295-07-1
  • 25777-14-4
  • 180189-40-6
  • 1253414-42-4
  • 1623458-39-8
  • 36994-77-1
  • 197969-52-1
  • 1340502-69-3
  • 1628110-58-6
  • 41130-29-4
  • 244227-82-5
  • 1340502-93-3
  • 1639131-79-5
  • 52668-84-5
  • 253430-12-5
  • 1373446-73-1
  • 1651152-96-3
  • 58890-25-8
  • 386708-06-1
  • 1412893-77-6
  • 1651153-45-5
  • 60045-26-3
  • 866488-33-7
  • 1412893-78-7
  • 1651187-84-6
  • 64057-57-4
  • 884481-83-8
  • 1430895-62-7
  • 1655500-83-6
  • 86168-58-3
  • 934388-91-7
  • 1437280-84-6
  • 1687740-67-5
  • 86171-31-5
  • 952428-13-6
  • 1437281-03-2
  • 1706526-93-3
  • 87397-54-4
  • 957771-42-5
  • 1437281-04-3
  • 1708928-92-0
  • 115254-47-2
  • 959790-79-5
  • 1437281-13-4
  • 1771623-89-2
  • 150570-81-3
  • 1198762-55-8
  • 1473386-36-5
  • 1798799-31-1
  • 154099-21-5
  • 1214752-87-0
  • 1497420-94-6
  • 157296-93-0
  • 1226911-69-8
  • 1573124-58-9

2 Part II of the List is amended by adding the following in numerical order:

18927-0

Substituted oil

18928-1

Mixed metal oxides

18936-0

Fatty acids, tall-oil, reaction products with ethyleneamine, substituted heteromonocyclic and alkenol

18951-6

Fatty acids, alkyl esters with polyglycerol

18952-7

1,3’-Bipyridinium, 5’-[2-(3-aminophenyl)diazenyl]-1’-[3-(dimethylamino)alkyl]-1’,2’-dihydro-6’-hydroxy-4’-methyl-2’-oxo-, chloride, hydrochloride (1:1:1), diazotized, coupled with diazotized 5’-[2-(4-aminophenyl)diazenyl]-1’-[3-(dimethylamino)alkyl]-1’,2’-dihydro-6’-hydroxy-4’-methyl-2’-oxo-1,3’-bipyridinium chloride hydrochloride (1:1:1) and resorcinol

18959-5

Sorbitan, tri-alkyl ester

19001-2

Hexanedioic acid, polymer with glycidyl alkanoate

19004-5

Dioxadithiatetradecanedioic acid, 4,11-dimethyl-1,14-bis(2-ethylhexyl) ester

Coming into Force

3 This Order comes into force on the day on which it is published in the Canada Gazette.

[26-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2016-87-07-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote d), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote e);

Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote f), makes the annexed Order 2016-87-07-02 Amending the Non-domestic Substances List.

Gatineau, June 14, 2016

Catherine McKenna
Minister of the Environment

Order 2016-87-07-02 Amending the Non-domestic Substances List

Amendment

1 Part I of the Non-domestic Substances List (see footnote 12) is amended by deleting the following:

  • 41529-32-2
  • 132778-10-0

Coming into Force

2 This Order comes into force on the day on which Order 2016-87-07-01 Amending the Domestic Substances List comes into force.

[26-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 18494

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance boron phosphate (B(PO4)), Chemical Abstracts Service Registry No. 13308-51-5, under section 83 of the Canadian Environmental Protection Act, 1999;

Whereas the substance is not specified on the Domestic Substances List;

And whereas the ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of paragraph 64(c) of the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that Act applies with respect to the substance in accordance with the Annex.

THE HONOURABLE CATHERINE MCKENNA
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. A significant new activity is any use of the substance boron phosphate (B(PO4)), Chemical Abstracts Service Registry No. 13308-51-5

  • (a) in a quantity greater than 1 000 kilograms in a calendar year, to manufacture any consumer product to which the Canada Consumer Product Safety Act applies, or any cosmetic within the meaning of section 2 of the Food and Drugs Act;
  • (b) in a quantity greater than 1 000 kilograms in a calendar year, where the substance contains particles at the nanoscale (i.e. 1 to 100 nanometres); or
  • (c) in a quantity greater than 100 kilograms in a calendar year, where the substance contains particles at the nanoscale (i.e. 1 to 100 nanometres) and where it is used to manufacture any consumer product to which the Canada Consumer Product Safety Act applies, or in any cosmetic within the meaning of section 2 of the Food and Drugs Act.

2. For each proposed significant new activity, the following information must be provided to the Minister of the Environment at least 90 days before the day on which it 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 in relation to the significant new activity;
  • (c) the information specified in item 8 of Schedule 5 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (d) a summary of 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 have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance; and
  • (e) the identification of every other government department or agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the substance and, if known, the department or agency’s file number, as well as the outcome of the assessment and risk management actions in relation to the substance imposed by the department or agency.

3. For each proposed significant new activity described in paragraph 1(a), the following information must be provided to the Minister of the Environment at least 90 days before the day on which it begins:

  • (a) the test data and a test report from a repeated dose and reproductive screen study in respect to the substance that is conducted in accordance with the methodology described in the Organisation for Economic Cooperation and Development (OECD) Test Guideline No. 422, entitled Combined Repeated Dose Toxicity Study with the Reproduction/Developmental Toxicity Screening Test, that is current at the time the test data are developed;
  • (b) the test data and a test report from an in vivo mammalian test for chromosomal aberrations or gene mutations in respect of the substance; and
  • (c) if the significant new activity involves dermal exposure to the substance, the test data and a test report from an in vitro dermal absorption study in respect of the substance that is conducted in accordance with the methodology described in the OECD Test Guideline No. 428, entitled Skin Absorption: In Vitro Method, that is current at the time the test data are developed.

4. For each proposed significant new activity described in paragraph 1(b) or 1(c), the following information must be provided to the Minister of the Environment at least 90 days before the day on which it begins:

  • (a) the analytical information that is necessary to determine the primary and secondary particle size of the substance; and
  • (b) the information that is necessary to determine the agglomeration and aggregation state, shape, surface area and surface charge of the substance.

5. The test data and the test reports referred to in section 3 must be developed in accordance with the practices described in the OECD Principles of Good Laboratory Practice set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, by the OECD, using the Principles of Good Laboratory Practice that are current at the time the test data are developed.

6. The information referred to in section 4 must be obtained in accordance with the principles described in the following publications from the OECD Series on the Safety of Manufactured Nanomaterials, using the versions that are current at the time the test data are developed:

  • (a) Publication No. 36, entitled Guidance on Sample Preparation and Dosimetry for the Safety Testing of Manufactured Nanomaterials; and
  • (b) Publication No. 41, entitled Report of the OECD Expert Meeting on the Physical Chemical Properties of Manufactured Nanomaterials and Test Guidelines.

7. The information provided under sections 2, 3, and 4 will be assessed within 90 days after the day on which it is received by the Minister of the Environment.

Transitional provision

8. Despite section 1, in relation to the substance boron phosphate (B(PO4)), Chemical Abstracts Service Registry No. 13308-51-5, in the period between the date of publication of the present notice and September 30, 2016, a significant new activity is

  • (a) any use described in paragraph 1(a) or (b); and
  • (b) the use of the substance in a quantity greater than 1 000 kilograms during this period to manufacture a consumer product to which the Canada Consumer Product Safety Act applies, or a cosmetic within the meaning of section 2 of the Food and Drugs Act, if the substance contains particles at the nanoscale (i.e. 1 to 100 nanometres).

9. For greater certainty, in respect of calendar year 2016, the quantity of the substance referred to in paragraph 1(c) does not include any quantity of the substance that is used before October 1 of that calendar year.

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

Description

A Significant New Activity Notice is a legal instrument adopted by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999 (CEPA) to apply the Significant New Activity provisions (SNAc) of that Act to boron phosphate (B(PO4)), Chemical Abstracts Service Registry No. 13308-51-5. The Notice is now in force. It is therefore mandatory to meet all the requirements of the Notice should a person intend to use the substance for a significant new activity as defined in the Notice. (see footnote 13)

A Significant New Activity Notice does not constitute an endorsement from Environment Canada or the Government of Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

Applicability of the Significant New Activity Notice

The Notice requires that any person engaging in a significant new activity in relation to boron phosphate (B(PO4)), Chemical Abstracts Service Registry No. 13308-51-5, submit a Significant New Activity Notification (SNAN) containing all of the information required in the Notice at least 90 days before using the substance for the significant new activity.

The activities with respect to boron phosphate (B(PO4)), Chemical Abstracts Service Registry No. 13308-51-5, requiring a SNAN submission, at the identified quantities, are to use the substance: a) to manufacture any consumer products to which the Canada Consumer Product Safety Act (CCPSA) (see footnote 14) applies or any cosmetic within the meaning of section 2 of the Food and Drugs Act (FDA) (see footnote 15); b) where it contains particles at the nanoscale (i.e. 1 to 100 nm); or c) where it contains particles at the nanoscale (i.e. 1 to 100 nm) for use to manufacture any consumer products to which the CCPSA applies or any cosmetic within the meaning of section 2 of the FDA. These activities have not been identified as presently occurring in Canada.

Activities not subject to the Notice

This Notice does not apply to the use of the substance to manufacture consumer products identified in Schedule 1 of the CCPSA, with the exception of cosmetics, as defined in the Food and Drugs Act (see Annex A for the CCPSA definition of “consumer product” and exemptions).

This Notice does not apply to uses of the substance that are regulated under any Act of Parliament listed in Schedule 2 of CEPA, namely the Pest Control Products Act, the Fertilizers Act and the Feeds Act. It also does not apply to transient reaction intermediates that are not isolated and are not likely released, impurities, contaminants or partially unreacted materials related to the preparation of a substance 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 notifiable under the SNAc provisions of CEPA. See subsection 81(6) and section 3 of CEPA, and section 3.2 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers) for additional details. (see footnote 16)

Information to be submitted

The Notice sets out the information that must be provided to the Minister 90 days before the day on which the substance boron phosphate (B(PO4)), Chemical Abstracts Service Registry No. 13308-51-5, is used for a significant new activity. Environment Canada and Health Canada will use the information submitted in the SNAN to conduct human health and environmental assessments within 90 days after the complete information is received.

The assessment of the substance identified concerns related to reproductive and developmental toxicity, neurotoxicity and inhalation toxicity to humans for potential new activities. The Significant New Activity Notice was issued to obtain information to ensure that the substance will undergo further assessment.

The information requirements in the Notice relate to general information in respect of the substance, details surrounding its use, and exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers). (see footnote 17)

Additional guidance on preparing a SNAN can be found in section 1.3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers. (see footnote 18)

Transitional provision

A transitional provision is included in the Notice to facilitate compliance by persons who may already have imported or manufactured up to a 1 000 kg of the substance and started activities with it. The Notice comes into force immediately. However, if the substance contains particles at the nanoscale and is used to manufacture any consumer products or any cosmetic, a threshold of 1 000 kg applies for the period between the publication of the Notice and September 30, 2016. On October 1, 2016, the threshold for this significant new activity will be lowered to 100 kg per calendar year.

Compliance

When assessing whether or not a Notice applies, a person is expected to make use of information in their possession or to which they ought to have access. (see footnote 19) The phrase “to which they ought to have access” means information in any of the company’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 substances that may be subject to a SNAc Notice. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If a person involved in activities with the substance obtains any information that reasonably supports the conclusion that this substance is toxic or capable of becoming toxic, the person is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. Where a person receives possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by the original SNAN submitted by the person from whom they obtained the substance. The Substances Management Advisory Note, Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999, provides more detail on this subject. (see footnote 20)

Under section 86 of CEPA, any person who transfers the physical possession or control of a substance subject to a SNAc Notice shall notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Notice.

This substance is a chemical substance on the Non-domestic Substances List and therefore can be manufactured or imported in a quantity of up to 1 000 kg in a calendar year without a person having to provide information to the Minister of the Environment under subsection 81(1) of the CEPA.

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

Where a person has questions concerning their obligations to comply with a Notice, believes they may be out of compliance or would like to request a PNC, they are encouraged to discuss their particular circumstances with the program by contacting the Substances Management Information Line. (see footnote 21)

ANNEX A:

Consumer Product Definition in the Canada Consumer Product Safety Act (CCPSA) (see footnote 21a)

In section 2 of the CCPSA, “consumer product” means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging. Section 4 of the CCPSA describes the application of the Act as follows:

Consumer products

4. (1) This Act applies to consumer products with the exception of those listed in Schedule 1.

Tobacco products

(2) This Act applies to tobacco products as defined in section 2 of the Tobacco Act but only in respect of their ignition propensity.

Natural health products

(3) For greater certainty, this Act does not apply to natural health products as defined in subsection 1(1) of the Natural Health Products Regulations made under the Food and Drugs Act.

Schedule 1 of the Canada Consumer Product Safety Act (CCPSA) [Subsection 4(1) and paragraph 37(1)(c)]

  1. Explosives within the meaning of section 2 of the Explosives Act.
  2. Cosmetics within the meaning of section 2 of the Food and Drugs Act.
  3. Devices within the meaning of section 2 of the Food and Drugs Act.
  4. Drugs within the meaning of section 2 of the Food and Drugs Act.
  5. Food within the meaning of section 2 of the Food and Drugs Act.
  6. Pest control products within the meaning of subsection 2(1) of the Pest Control Products Act.
  7. Vehicles within the meaning of section 2 of the Motor Vehicle Safety Act and a part of a vehicle that is integral to it — as it is assembled or altered before its sale to the first retail purchaser — including a part of a vehicle that replaces or alters such a part.
  8. Feeds within the meaning of section 2 of the Feeds Act.
  9. Fertilizers within the meaning of section 2 of the Fertilizers Act.
  10. Vessels within the meaning of section 2 of the Canada Shipping Act, 2001.
  11. Firearms within the meaning of section 2 of the Criminal Code.
  12. Ammunition within the meaning of subsection 84(1) of the Criminal Code.
  13. Cartridge magazines within the meaning of subsection 84(1) of the Criminal Code.
  14. Cross-bows within the meaning of subsection 84(1) of the Criminal Code.
  15. Prohibited devices within the meaning of paragraphs (a) to (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.
  16. Plants within the meaning of section 3 of the Plant Protection Act, except for Jequirity beans (abrus precatorius).
  17. Seeds within the meaning of section 2 of the Seeds Act, except for Jequirity beans (abrus precatorius).
  18. Controlled substances within the meaning of subsection 2(1) of the Controlled Drugs and Substances Act.
  19. Aeronautical products within the meaning of subsection 3(1) of the Aeronautics Act.
  20. Animals within the meaning of subsection 2(1) of the Health of Animals Act.

[26-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 18544

Significant New Activity Notice

(Section 110 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the living organism identified as Saccharomyces cerevisiae expressing pyruvate formate lyase activating enzyme, pyruvate formate lyase, and bifunctional acetaldehyde-CoA/alcohol dehydrogenase from Bifidobacterium adolescentis and a glucoamylase from Saccharomycopsis fibuligera, under section 108 of the Canadian Environmental Protection Act, 1999;

Whereas the living organism is not on the Domestic Substances List;

And whereas the ministers suspect that a significant new activity in relation to the living organism may result in the living organism becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 110 of the Canadian Environmental Protection Act, 1999, that subsection 106(4) of that act applies to the living organism in accordance with the Annex.

CATHERINE MCKENNA
Minister of the Environment

ANNEX

Information Requirements

(Section 110 of the Canadian Environmental Protection Act, 1999)

1. A significant new activity is any use of the living organism identified as Saccharomyces cerevisiae expressing pyruvate formate lyase activating enzyme, pyruvate formate lyase, and bifunctional acetaldehyde-CoA/alcohol dehydrogenase from Bifidobacterium adolescentis and a glucoamylase from Saccharomycopsis fibuligera, other than its use

  • (a) for the production of bioethanol;
  • (b) for purposes of bioremediation;
  • (c) for the production of enzymes or biochemicals; and
  • (d) as a research and development organism in a contained facility, as these expressions are defined in subsection 1(1) of the New Substances Notification Regulations (Organisms).

2. For each proposed significant new activity, the following information must be provided to the Minister of the Environment at least 120 days before its commencement:

  • (a) a description of the significant new activity in relation to the living organism;
  • (b) the information specified in items 2 and 3 and paragraph 6(e) of Schedule 1 to the New Substances Notification Regulations (Organisms);
  • (c) the information specified in paragraph 6(c) of Schedule 1 to those Regulations, consisting of data from a test of pathogenicity specifically designed to determine the potential adverse effects of the living organism in immunocompromised mice or an alternate immunocompromised animal;
  • (d) all other information and test data in respect of the living organism that are in the possession of the person who is proposing to conduct the significant new activity, or to which the person has access, and that are relevant to determining whether the living organism is toxic or capable of becoming toxic;
  • (e) the name of every government department or agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the living organism and, if known, the department’s or agency’s file number and, if any, the outcome of the department’s or agency’s assessment and the risk management actions in relation to the living organism imposed by the department or agency; and
  • (f) a description or specification of the test procedures followed in developing the test data, including the test methods, reference substances and quality control and quality assurance procedures.

3. The information provided under section 2 will be assessed within 120 days after the day on which it is received by the Minister of the Environment.

[26-1-o]

DEPARTMENT OF FINANCE

POOLED REGISTERED PENSION PLANS ACT

Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

Between

Canada, represented by the Minister of Finance;

British Columbia, represented by the Minister of Finance;

Nova Scotia, represented by the Minister of Finance and Treasury Board;

The government of Quebec, represented by the Minister of Finance and by the Minister responsible for Canadian Relations and the Canadian Francophonie;

The Autorité des marchés financiers, represented by the President and Chief Executive Officer;

and

Saskatchewan, represented by the Minister of Justice and Attorney General

RECITALS
  • (1) Whereas each party to this Agreement is authorized by its laws to be bound by this Agreement;
  • (2) Whereas Quebec and the Autorité des marchés financiers agree to be bound by only Parts I, with the exception of subsections 2(6) and (7), II, VI, and VII of this Agreement;
  • (3) Whereas a pooled registered pension plan may be subject to the legislation of more than one party;
  • (4) Whereas to establish an efficient and low cost regulatory environment for pooled registered pension plans, the parties, other than Quebec and the Autorité des marchés financiers as provided in this Agreement, intend to specify the law that applies to pooled registered pension plans that are otherwise subject to the federal Pooled Registered Pension Plans Act and the pooled registered pension plan legislation of at least one province and allow, to the extent provided in this Agreement, a single supervisory authority to exercise with respect to any such pooled registered pension plans all of the licensing, registration and supervisory powers to which such pooled registered pension plans are subject;
  • (5) Whereas the laws of the parties allow for entering into an Agreement respecting any matter relating to pooled registered pension plans that are subject to the federal Pooled Registered Pension Plans Act and the pooled registered pension plan legislation of at least one province, including the reciprocal application of legislative provisions and administrative powers of the supervisory authorities concerned;
  • (6) Now, therefore, the parties agree as follows:
Contents of Agreement

PART I DEFINITIONS AND APPLICATION OF THIS AGREEMENT

PART II LICENSING

PART III REGISTRATION

PART IV SUPERVISION

PART V APPLICABLE LAW

PART VI RELATIONS BETWEEN PARTIES AND SUPERVISORY AUTHORITIES

PART VII EXECUTION, AMENDMENTS TO, WITHDRAWAL FROM AND COMING INTO FORCE OF AGREEMENT

PART I DEFINITIONS AND APPLICATION OF THIS AGREEMENT

Definitions

1. (1) For the purposes of this Agreement, unless the context indicates a different meaning:

“AMF” means Autorité des marchés financiers.

“federal PRPP Act” means the Pooled Registered Pension Plans Act, S.C. 2012, c. 16, and any subordinate legislation made under that Act, both as amended from time to time.

“federal PRPP licence” means a licence issued by the Superintendent in accordance with section 11 of the federal PRPP Act authorizing a corporation to be an administrator of a pooled registered pension plan.

“federally-licensed administrator” means the holder of a federal PRPP licence or an entity designated by the Superintendent under subsection 21(1) of the federal PRPP Act.

“federally-registered PRPP” means a PRPP that has been registered in accordance with section 12 of the federal PRPP Act.

“member” means a person who holds an account with a PRPP.

“party” means a signatory to this Agreement as authorized to enter into it by the federal PRPP Act, a provincial PRPP Act or, in the case of Quebec and the AMF, the laws of Quebec.

“pooled registered pension plan” or “PRPP” means a pooled registered pension plan that is required to be registered under the federal PRPP Act or a provincial PRPP Act as applicable.

“provincial PRPP Act” means the legislation of a province listed in Schedule A and any subordinate legislation made under that Act, both as amended from time to time.

“Superintendent” means the Superintendent of Financial Institutions appointed under section 5 of the Office of the Superintendent of Financial Institutions Act (R.S.C. (1985), c. 18 (3rd Supp.)).

“supervisory authority” means the government ministry, department or agency of a party that has supervisory powers with respect to PRPPs under its laws and, in Quebec, the AMF with respect to a VRSP licence.

“voluntary retirement savings plan” or VRSP means a plan registered under the VRSP Act.

“VRSP Act” means the Voluntary Retirement Savings Plans Act, (CQLR, chapter R-17.0.1), and any subordinate legislation made under that legislation, both as amended from time to time.

“VRSP administrator” means the holder of a VRSP licence.

“VRSP licence” means an authorization issued by the AMF under section 29 of the VRSP Act.

Schedules

(2) The following Schedules form part of this Agreement:

  • (a) Schedule A —|mdash|} Provincial PRPP Acts
  • (b) Schedule B — Requirements to be met under the VRSP Act for the AMF to Issue a VRSP Licence to the Holder of a Federal PRPP Licence
  • (c) Schedule C — Matters for the Purposes of Subsection 11(1).

Application of this Agreement

2. (1) Subject to subsections (4) and (5), this Agreement applies in respect of a PRPP that is required to be registered under the federal PRPP Act and one or more provincial PRPP Acts and any related matters, including its registration and supervision, the issuance of a licence authorizing a corporation to be an administrator of a PRPP, and the law applicable to a PRPP, its administrators, members and their spouse or common law partner, survivors and other beneficiaries (or the equivalent in the respective jurisdiction), and the employers offering it.

(2) This Agreement applies, to the extent that it provides for it, in respect of the issuance of a VRSP licence.

(3) Only Parts I, with the exception of subsections 2(6) and (7), II, VI and VII of this Agreement apply with regards to a VRSP licence.

(4) This Agreement does not apply in respect of a PRPP that prohibits individuals in respect of whom the federal PRPP Act applies from becoming members of the PRPP.

(5) For greater certainty, this Agreement does not apply in respect of a PRPP that is only registered provincially.

(6) This Agreement applies despite any conflicting provision in any document that creates or supports a PRPP.

(7) Where any provision of this Agreement conflicts with any provision of the federal PRPP Act or a provincial PRPP Act, this Agreement prevails to the extent of the conflict.

PART II LICENCES

Licensing Requirements

3. (1) A corporation that holds a federal PRPP licence or a VRSP licence is exempt from the requirement to obtain a licence under the applicable provincial PRPP Act.

(2) A corporation is exempt from the requirement to obtain a licence under the federal PRPP Act if the corporation holds a VRSP licence.

(3) The AMF shall issue a VRSP licence to a corporation that holds a federal PRPP licence if the requirements listed in Schedule B are met.

(4) For greater certainty, this Agreement does not prohibit a provincial supervisory authority from issuing a PRPP licence under its provincial PRPP Act.

Suspension or Revocation of a VRSP Licence

4. Despite subsections 3(1) and (2), a VRSP administrator that has its VRSP licence revoked by the AMF is no longer exempt from the requirement to obtain a licence under the federal PRPP Act or the applicable provincial PRPP Act.

5. The AMF shall notify the Superintendent as soon as practicable if it has suspended or revoked the VRSP licence of a VRSP administrator, where that VRSP administrator administers a federally-registered PRPP and does not hold a federal PRPP licence.

PART III PLAN REGISTRATION

Registration Requirements

6. (1) A federally-licensed administrator that has a PRPP registered under the federal PRPP Act is exempt from the requirement to have that PRPP registered under the applicable provincial PRPP Act.

(2) A VRSP administrator that has a PRPP registered under the federal PRPP Act is exempt from the requirement to have that PRPP registered under a provincial PRPP Act.

(3) For greater certainty, this Agreement does not prohibit a provincial supervisory authority from registering a PRPP under its PRPP Act.

(4) For greater certainty, any corporation that has a PRPP registered under the federal PRPP Act is subject to the powers of the Superintendent in respect of a federally-licensed administrator.

(5) For greater certainty, a federally-registered PRPP and a VRSP are distinct plans.

Notification

7. The Superintendent shall notify the AMF as soon as practicable if, in relation to a federally-registered PRPP administered by a VRSP administrator, the Superintendent has ordered the VRSP administrator to transfer the federally-registered PRPP and all of its assets to an entity designated by the Superintendent, or has terminated the federally-registered PRPP.

PART IV SUPERVISION

Role of the Superintendent

8. The Superintendent shall supervise all federally-registered PRPPs that are subject to this Agreement.

9. (1) With respect to the supervision of a federally-registered PRPP, the Superintendent shall exercise the powers of a supervisory authority of a province as set out in and in accordance with this Agreement.

(2) The Superintendent shall determine any matter or question related to supervision and related to the exercise of its powers pursuant to this Agreement.

(3) A decision that is made by the Superintendent under the authority of this Agreement and that relates to the application of a provincial PRPP Act that determines a matter addressed in Schedule C or in subsection 11(4) is deemed to be a decision of the supervisory authority of the applicable province and is not subject to judicial review under the Federal Courts Act (R.S.C., (1985) c. F-7), but instead is subject to the processes for review and appeal under the laws of that province.

PART V APPLICABLE LAW

Application of the Federal PRPP Act

10. Subject to section 11, the provisions of the federal PRPP Act apply to a federally-registered PRPP, including in respect of all members, and their spouses or common law partners, survivors and other beneficiaries (or the equivalent in the respective jurisdiction), its administrator, the Superintendent, and the employer offering the PRPP, instead of the provisions of a provincial PRPP Act in respect of corresponding matters that would otherwise apply if this Agreement did not exist.

Exceptions

11. (1) The following legislation applies in respect of a member of a federally-registered PRPP, and their spouse, common law partner, survivor or other beneficiary (or the equivalent in the respective jurisdiction), in relation to a matter referred to in Schedule C or addressed under subsection (4):

  • (a) subject to paragraph (b), the provincial PRPP Act of the province in which the member is employed or self-employed or, if the member is not currently employed or self-employed, was last employed or self-employed and contributed to that PRPP, or
  • (b) the federal PRPP Act if the member
    • (i) is employed in included employment as defined in the federal PRPP Act with an employer that participates or participated in that PRPP or, if the member is not currently employed, was last so employed and contributed to that PRPP; or
    • (ii) is employed or self-employed or, if the member is not currently employed or self-employed, where he or she was last so employed or self-employed and a member of that PRPP in Yukon, the Northwest Territories or Nunavut, and contributed to that PRPP.

(2) For the purposes of this section, “last employed” or “last self-employed” refers only to employment or self-employment in jurisdictions bound by this Part.

(3) Where legislation referred to in subsection (1) applies in respect of amounts in a member’s account, it applies in relation to the entire balance of the member’s account.

(4) For greater certainty, the provisions of a provincial PRPP Act in relation to which there are no corresponding matters addressed under the federal PRPP Act apply notwithstanding anything in this Part.

12. The provisions of the federal PRPP Act are adapted to the extent necessary to give effect to this Part.

13. For greater certainty, this Agreement does not apply to provisions of the federal PRPP Act or a provincial PRPP Act regarding authorities and requirements for entering into this Agreement, amending it, or adding parties to it as well as provisions regarding the effect of the Agreement.

PART VI RELATIONS BETWEEN PARTIES AND SUPERVISORY AUTHORITIES

Requests for assistance

14. (1) Each supervisory authority shall:

  • (a) upon request of another supervisory authority, assist each other in any matter concerning the exercise of powers or responsibilities under this Agreement as is reasonable in the circumstances;
  • (b) upon request of another supervisory authority, provide any information that it is able to regarding amendments to legislation that have been tabled and regulations that have been filed or published, to the extent that such amendments affect the application of this Agreement;
  • (c) seek an amicable resolution to any dispute that arises between them with respect to the interpretation of this Agreement.

(2) Where a decision of the Superintendent is being subjected to a review or appeal process under the laws of a province as provided for under subsection 9(3), the Superintendent shall, upon request, provide to the supervisory authority of the province the record that was before the Superintendent in making that decision.

Survival

15. Following the termination of this agreement or following the withdrawal of a party, section 14 shall survive only for the purposes of responding to pending requests.

Information on policy developments

16. Subject to any rules concerning Cabinet confidences and solicitor-client privilege, and any other confidentiality rule applicable to a party, each party shall provide to each other on a timely basis relevant information on policy developments in relation to the federal PRPP Act, a provincial PRPP Act, or the VRSP Act as applicable.

PART VII EXECUTION, AMENDMENTS TO, WITHDRAWAL FROM AND COMING INTO FORCE OF AGREEMENT

Effective Date

17. This Agreement comes into force:

  • (a) on June 15, 2016, in respect of each party that signed this Agreement on or before that date; and
  • (b) after June 15, 2016, in respect of any other province that wishes to become a party, on the date unanimously agreed to by all parties.

Additional Parties

18. A province may become a party:

  • i) with the unanimous consent of the parties; and
  • ii) if the province has executed a signature page that is substantially similar to those that form part of this Agreement, and has provided copies of that page to all parties.

Effects

19. This Agreement shall be to the benefit of and be binding upon the parties and the supervisory authorities, as of the date referred to, as the case may be, in clause (a) or (b) of section 17.

Withdrawal from Agreement

20. (1) A party may withdraw from the Agreement by giving at least 12 months’ written notice to all the other parties to the Agreement and to the administrators of federally-registered PRPPs affected by the withdrawal. Upon expiry of the period indicated in the notification, the withdrawing party shall cease to be a party to the Agreement.

(2) Despite subsection (1), Canada shall provide written notice to all other parties at least 18 months prior to withdrawal.

(3) Once a party has notified the other parties that it intends to withdraw from the Agreement, but before the withdrawal takes effect, that party’s supervisory authority shall work with any other supervisory authorities that would be affected to facilitate the transfer of supervisory responsibilities in respect of PRPPs affected by the withdrawal.

(4) If a withdrawing party, other than Canada, has notified the other parties that it intends to withdraw from this Agreement, the Superintendent shall, in a reasonable time and subject to any legislative restrictions, provide to that party’s supervisory authority copies of documents relating to the affected PRPPs that have been filed with the Superintendent pursuant to the federal PRPP Act by the plan administrator that are necessary for the continued supervision of those PRPPs and shall inform the supervisory authority of any administrative decisions taken by the Superintendent concerning the affected PRPPs.

(5) If Canada has notified the other parties that it intends to withdraw from this Agreement, the Agreement shall be terminated at the end of the period referred to in subsection (2).

Amendments

21. (1) This Agreement may be amended with the unanimous written consent of the parties.

(2) Despite subsection (1), the portions of Schedule A or B applicable to a specific party is amended at the initiative of that party.

(3) Notice of an amendment to Schedule A or B shall be provided to all other parties.

Execution in Counterparts

22. This Agreement and any amendment to this Agreement may be executed in counterparts.

Execution in English and French

23. This Agreement and any amendment to this Agreement shall be executed in both English and French, each text being equally authoritative.

SCHEDULE A

Provincial PRPP Acts

British Columbia

Pooled Registered Pension Plans Act, S.B.C. 2014, c. 17

Nova Scotia

Pooled Registered Pension Plans Act, S.N.S. 2014, c. 37

Saskatchewan

The Pooled Registered Pension Plans (Saskatchewan) Act, S.S. 2013, c.P-16.101

SCHEDULE B

Requirements to be met under the VRSP Act for the AMF to Issue a VRSP Licence to the Holder of a Federal PRPP Licence

In order to obtain a licence to act as administrator pursuant to the VRSP Act, a corporation must:

  • (a) be an insurer holding a life insurance class licence issued under the Act respecting insurance (chapter A-32) in conformity with the Regulation under the Act respecting insurance (chapter A-32, r. 1), a trust company holding a licence issued under the Act respecting trust companies and savings companies (chapter S-29.01) or an investment fund manager registered in accordance with Title V of the Securities Act (chapter V-1.1);
  • (b) complete and file the Application form for Authorization to Act as Administrator of a VRSP;
  • (c) be incorporated under a jurisdiction other than the province of Quebec;
  • (d) pay the required fees to the AMF in accordance with the Regulation respecting fees and costs payable for the issuance of an authorization under the VRSP Act;
  • (e) provide the following information in accordance with the Regulation respecting applications for authorization and liability insurance coverage for administrators of voluntary retirement savings plans (R-17.0.1, r. 1):
    • (i) a confirmation that the amount by which the assets of the corporation exceed its liabilities is at least equal to the amount determined by regulation, or an irrevocable letter of credit or a suretyship, which letter or suretyship is in an amount determined by regulation and is issued by a financial institution licensed as an insurer, trust company or deposit institution under an Act of Canada or of a Canadian province or territory;
    • (ii) a confirmation that the corporation holds liability insurance in accordance with the requirements determined by regulation;
  • (f) provide a five-year business plan dealing with the proposed development of activities related to the voluntary retirement savings plan and showing how the corporation intends to comply with the conditions and obligations applicable under the VRSP Act; and
  • (g) ensure representatives distributing VRSPs hold a valid licence or registration for the financial product they are providing (insurance or securities).

SCHEDULE C

Matters for the Purposes of Subsection 11(1)

For the purposes of subsection 11(1), a matter is any of the following:

  • (a) provisions relating to the definition of spouse, former spouse, common-law partner and survivor (or the equivalent in the respective jurisdiction);
  • (b) the locking-in, withdrawal, and surrender of funds from a member’s PRPP account;
  • (c) rules respecting variable payments, including the election of a member to receive variable payments from his or her PRPP account, and the annual variable payment amount;
  • (d) the transfer, payment or surrender of funds or entitlement to funds in a member’s account on the death of that member;
  • (e) the transfer of funds from a member’s PRPP account to a pension plan, retirement savings plan, locked-in account or life annuity or other similar product, as well as the rules applicable to these products, including the rules applicable to the transfer of funds from these products;
  • (f) rules regarding agreements or arrangements to transfer, charge, anticipate, assign, give as security or surrender any rights or interests in:
    • (i) funds in a PRPP account; and
    • (ii) funds transferred from a PRPP account.

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Canada

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Ottawa,

The 10 day of June, 2016.

The Honourable William Francis Morneau
Minister of Finance

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For British Columbia

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Victoria,

The 9th day of June, 2016.

The Honourable Michael de Jong
Minister of Finance

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Nova Scotia

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Halifax,

The 7 day of June, 2016.

The Honourable Randy Delorey
Minister of Finance and Treasury Board

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized, agree to be bound by Parts I, with the exception of subsections 2(6) and (7), II, VI and VII of the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Québec,

The 15th day of June, 2016.

For the government of Quebec

The Honourable Carlos Leitão
Minister of Finance

The Honourable Jean-Marc Fournier
Minister responsible for Canadian Relations and the Canadian Francophonie

For the Autorité des marchés financiers

Louis Morrisset
President and Chief Executive Officer

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Saskatchewan

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Regina,

The 26 day of, May 2016.

The Honourable Gordon Wyant
Minister of Justice and Attorney General

EXPLANATORY NOTE

Proposal

The purpose of this Agreement is to authorize the Minister of Finance, under section 6 of the Pooled Registered Pension Plans Act (PRPP Act), to enter into an agreement with British Columbia, Saskatchewan, Quebec and Nova Scotia respecting multi-jurisdictional pooled registered pension plans (PRPPs) and voluntary retirement savings plans (VRSPs).

Objectives

The objectives of the Agreement are to

  • promote a new retirement savings option to help Canadians save for retirement;
  • support a high level of regulatory harmonization across jurisdictions; and
  • streamline administration, increase the scale and portability of PRPPs and achieve low costs.

Background

The federal PRPP Act applies to PRPPs that are linked to employment that falls under federal jurisdiction. Areas of employment that fall under federal jurisdiction include work in connection with navigation and shipping, banking, interprovincial transportation and communications, and work in the Yukon, Northwest Territories or Nunavut.

PRPPs are a new, accessible, large-scale and low-cost pension option for employers, employees and the self-employed. A PRPP is administered by a corporation that holds a PRPP administrator licence. The Office of the Superintendent of Financial Institutions (OSFI) is responsible for supervising federally regulated PRPPs.

Self-employed individuals and employers in provincially regulated sectors may also join a PRPP if their respective province has PRPP legislation in place. British Colombia, Alberta, Saskatchewan, Ontario and Nova Scotia have passed PRPP legislation. Quebec has passed similar legislation referred to as the Voluntary Retirement Saving Plans Act (VRSP Act). Provincial pension supervisors would normally supervise the aspects of multi-jurisdictional PRPPs that relate to members in provincially regulated employment areas.

In order to reach a scale of operation consistent with their low-cost requirement, PRPPs must be open to self-employed individuals and employers in a broad range of sectors and in different jurisdictions. However, such multi-jurisdictional PRPPs would be subject to the legislation of more than one jurisdiction. While provincial PRPP legislation is largely harmonized with the federal PRPP Act, the involvement of several authorities in the supervision of a PRPP would generate administrative complexities for PRPP administrators, which could increase the administrative cost of PRPPs.

In order to streamline the regulation and supervision of PRPPs, the federal PRPP Act allows the Minister of Finance to enter into a multilateral agreement with provinces that have passed similar legislation. Regulatory amendments have been made to designate the provinces with whom the Minister can enter into the agreement.

Implications

The Multilateral Agreement Respecting Pooled Registered Pension Plan and Voluntary Retirement Savings Plans (the Agreement) helps make an attractive new retirement savings option available to those millions of Canadians — roughly 60% — who do not have access to a workplace pension plan. It sets out that signatory provinces fully delegate to OSFI all aspects of the supervision of multi-jurisdictional PRPPs. For Quebec, only certain parts of the Agreement dealing with the recognition of a licence apply.

The Agreement includes four main components:

1. Licensing: The Agreement establishes that an administrator that was issued a licence under the federal PRPP Act or the VRSP Act is exempt from the requirement to apply for an administrator licence in a province that is a signatory to the Agreement. As a result, an administrator only needs to obtain a federal PRPP licence from OSFI in order to offer a PRPP to employers and self-employed individuals in all participating provinces (except Quebec).

2. Registration: The Agreement establishes that the provinces recognize the registration of a PRPP under the federal PRPP Act. Once registered, the PRPP can be offered to employers and self-employed individuals from all participating provinces without the need for provincial registration.

3. Supervision: Under this Agreement, the signatory provinces (except Quebec) delegate to OSFI all aspects of the supervision of multi-jurisdictional PRPPs as it relates to plan members working in provincially regulated sectors. OSFI is the supervisor for multi-jurisdictional PRPPs.

4. Applicable legislation: Under the Agreement, the only legislation that applies to most aspects of a multi-jurisdictional PRPP is the federal PRPP Act. The Agreement sets out a few specific exceptions under which the legislative provisions of a member’s province would apply, such as the rules governing the locking-in of funds in a PRPP, the transfer of these funds, as well as variable payments. These provisions are also administered by OSFI.

Quebec is a signatory to the sections of the Agreement that relate to the recognition of PRPP administrator licences. OSFI recognizes a licence issued by the Autorité des marchés financiers (AMF), while the AMF issues a VRSP licence to a PRPP licence holder subject to a few conditions, i.e. that the applicant be a regulated financial institution, that they pay the licensing fee to the AMF, that they provide financial information and a business plan, and that they obtain liability insurance. The AMF registers and supervises VRSPs.

For PRPPs with members subject to provincial jurisdiction (outside of Quebec), the Agreement streamlines supervision by ensuring that plan administrators only need to deal with one supervisor (i.e. OSFI) for licensing, plan registration, and ongoing plan supervision. This removes the need for plan administrators to pay multiple supervision fees to provincial supervisors and reduces costs for plan members, as an administrator offering a VRSP (in Quebec) and a PRPP (outside Quebec) will only be charged fees by OSFI for the PRPPs and the AMF and Retraite Québec for the VRSP.

Consultation

In December 2010, Canada’s finance ministers agreed on a framework for PRPPs to provide Canadians with a new, low-cost, efficiently managed, portable and accessible savings vehicle that will help them meet their retirement objectives. The federal PRPP legislative framework was therefore developed in consultation with the provinces. The governments of British Columbia, Alberta, Saskatchewan, Ontario, Quebec and Nova Scotia have been involved in the drafting of the multilateral Agreement.

The financial sector, which includes all licensed PRPP administrators, has been a strong advocate of a harmonized PRPP framework across Canada and has promoted a coordinated launch of the federal and provincial PRPP frameworks.

On July 15, 2015, the proposed Agreement was published on the Department of Finance Canada Web site for a 45-day consultation period. All stakeholders who provided comments expressed support for the Agreement. In response to the comments, a number of technical changes we made in the Agreement, and certain provisions were clarified.

Contact

Lisa Pezzack
Director
Financial Systems Division
Department of Finance Canada
90 Elgin Street, 13th Floor
Ottawa, Ontario
K1A 0G5
Email: Lisa.Pezzack@canada.ca

[26-1-o]

DEPARTMENT OF INDUSTRY

DEPARTMENT OF INDUSTRY ACT

RADIOCOMMUNICATION ACT

Notice No. SMSE-014-16 — Moratorium on licensing of satellite spectrum used by commercial non-geostationary satellite orbit systems

The purpose of this notice is to advise that Innovation, Science and Economic Development Canada (ISED) has imposed a moratorium on the licensing of satellite spectrum used by commercial non-geostationary satellite orbit (NGSO) systems, effective June 15, 2016. The moratorium will be in place for a minimum of six months, pending ISED’s review of current licensing procedures, which were developed prior to the increased global interest in large, complex NGSO systems. The moratorium does not apply to the licensing of satellite spectrum used by government or academic institutions.

Licence applications for satellite spectrum to be used by commercial NGSO systems that were under consideration by ISED before the moratorium was put in place have been placed on hold, preserving their order of priority until the review of current procedures is completed. These applications will be considered under the licensing procedures in effect following the review.

ISED will not receive new licence applications for satellite spectrum to be used by commercial NGSO systems during the moratorium.

Notwithstanding the above, the Minister of Industry retains the authority to issue a licence if circumstances so require.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on ISED’s Spectrum Management and Telecommunications Web site at http://www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at http://www.gazette.gc.ca/rp-pr/p1/index-eng.html.

June 15, 2016

MARTIN PROULX
Acting Director General
Engineering, Planning and Standards Branch

[26-1-o]

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will 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.

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 Web site (http://www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng):

Position Organization Closing date
Director Canadian Museum of Immigration at Pier 21 June 28, 2016
Temporary members National Energy Board July 7, 2016
Full-time member National Energy Board July 7, 2016
Chairperson Patented Medicine Prices Review Board July 11, 2016
Vice-chairperson Patented Medicine Prices Review Board July 11, 2016
Member Patented Medicine Prices Review Board July 11, 2016
Director (federal representative Montréal Port Authority July 5, 2016
Director (federal representative) Belledune Port Authority July 5, 2016
Director (federal representative) Hamilton Port Authority July 5, 2016
Director (federal representative) Halifax Port Authority July 5, 2016
Director (federal representative) Prince Rupert Port Authority July 5, 2016
Director (federal representative) Saguenay Port Authority July 5, 2016
Director (federal representative) Saint John Port Authority July 5, 2016
Director (federal representative) Sept-Îles Port Authority July 6, 2016
Director (federal representative) St. John’s Port Authority July 6, 2016
Director (federal representative) Thunder Bay Port Authority July 6, 2016
Director (federal representative) Toronto Port Authority July 6, 2016
Director (federal representative) Trois-Rivières Port Authority July 6, 2016
Director (federal representative) Vancouver Fraser Port Authority July 6, 2016
Director (federal representative) Windsor Port Authority July 6, 2016

[26-1-o]

  • Footnote a
    SOR/94-311
  • Footnote b
    S.C. 1999, c. 33
  • Footnote 1
    The Policy on the Use of Significant New Activity Provisions of the Canadian Environmental Protection Act, 1999 is available at http://www.ec.gc.ca/ese-ees/default.asp?lang=En&n=5CA18D66-1.
  • Footnote 2
    Formerly “Material Safety Data Sheets” (MSDSs). Please refer to the Regulations Amending the New Substances Notification Regulations (Chemicals and Polymers) and the Export of Substances on the Export Control List Regulations for reference to this amendment at http://gazette.gc.ca/rp-pr/p2/2015/2015-02-11/html/sor-dors19-eng.php.
  • Footnote 3
    The full text of the Canada Consumer Product Safety Act is available at http://laws-lois.justice.gc.ca/eng/acts/C-1.68/FullText.html.
  • Footnote 4
    The full text of the New Substances Notification Regulations (Chemicals and Polymers) is available at http://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-247/FullText.html.
  • Footnote 5
    The Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers are available at http://publications.gc.ca/site/eng/280466/publication.html.
  • Footnote 6
    A comprehensive listing of substances that are subject to SNAc provisions is available at http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=0F76206A-1.
  • Footnote 7
    The advisory note Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999 is available at http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=CC526AE6-1.
  • Footnote 8
    The Substances Management Information Line can be contacted at eccc.substances.eccc@canada.ca (email), 1-800-567-1999 (toll-free in Canada), and 819-938-3232 (outside of Canada).
  • Footnote 9
    The Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 is available at https://www.ec.gc.ca/alef-ewe/default.asp?lang=en&n=AF0C5063-1.
  • Footnote 10
    This annex is provided for information purposes only. In the event of a discrepancy between this document and the Canada Consumer Product Safety Act, the Canada Consumer Product Safety Act shall prevail.
  • Footnote c
    S.C. 1999, c. 33
  • Footnote 11
    Supplement, Canada Gazette, Part I, January 31, 1998
  • Footnote d
    S.C. 1999, c. 33
  • Footnote e
    SOR/94-311
  • Footnote f
    S.C. 1999, c. 33
  • Footnote 12
    Supplement, Canada Gazette, Part I, January 31, 1998
  • Footnote 13
    The Policy on the Use of Significant New Activity Provisions of the Canadian Environmental Protection Act, 1999 is available at http://www.ec.gc.ca/ese-ees/default.asp?lang=En&n=5CA18D66-1.
  • Footnote 14
    The full text of the Canada Consumer Product Safety Act is available at http://laws-lois.justice.gc.ca/eng/acts/C-1.68/FullText.html.
  • Footnote 15
    The full text of the Food and Drugs Act is available at http://laws-lois.justice.gc.ca/eng/acts/f-27/FullText.html.
  • Footnote 16
    The Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers are available at http://publications.gc.ca/site/eng/280464/publication.html.
  • Footnote 17
    The New Substances Notification Regulations (Chemicals and Polymers) are available at http://laws-lois.justice.gc.ca/eng/regulations/SOR-2005-247/.
  • Footnote 18
    The Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers are available at http://publications.gc.ca/site/eng/280464/publication.html.
  • Footnote 19
    A comprehensive listing of substances that are subject to SNAc provisions is available at http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=0F76206A-1.
  • Footnote 20
    The Substances Management Advisory Note Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999 is available at http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=CC526AE6-1.
  • Footnote 21
    The Substances Management Information Line can be contacted at eccc.substances.eccc@canada.ca (email), 1-800-567-1999 (toll-free in Canada), and 819-938-3232 (outside of Canada).
  • Footnote 21a
    This annex is provided for information purposes only. In the event of a discrepancy between this document and the Canadian Consumer Product Safety Act, the Canadian Consumer Product Safety Act shall prevail.