Canada Gazette, Part I, Volume 150, Number 46: GOVERNMENT NOTICES
November 12, 2016
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1
The Minister of Citizenship and Immigration, pursuant to section 10.3 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1.
Ottawa, October 21, 2016
John McCallum
Minister of Citizenship and Immigration
Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1
Amendments
1 The definition qualifying offer of arranged employment in section 1 of the Ministerial Instructions Respecting the Express Entry System (see footnote 1) is replaced by the following:
qualifying offer of arranged employment means any offer of employment referred to in subsection 29(2). (offre d'emploi réservé admissible)
2 Sections 3 to 6 of the Instructions are replaced by the following:
Electronic system
3 (1) The Express Entry System of the Department of Citizenship and Immigration is the electronic system that is to be used by a foreign national, subject to subsection (3), to submit an expression of interest for the purpose of subsection 10.1(3) of the Act and is to be used by the Minister to process expressions of interest under section 10.2 of the Act.
Functions of electronic system
(2) In addition to the functions referred to in subsection (1), the Express Entry System is to be used
- (a) to create the express entry pool which contains the expressions of interest submitted by foreign nationals;
- (b) to notify any foreign national who has an expression of interest in the express entry pool of matters relating to their expression of interest, including
- (i) whether the foreign national meets the requirements of subsection 5(1),
- (ii) the number of points assigned to the foreign national under the Comprehensive Ranking System, and
- (iii) whether the foreign national has been issued an invitation;
- (c) for the purpose of the Comprehensive Ranking System referred to in section 8, including to determine
- (i) the rank of the foreign national relative to other foreign nationals, and
- (ii) whether the foreign national occupies the rank required in order to be issued an invitation;
- (d) to automatically transfer the information provided by the foreign national in their expression of interest to an electronic application for permanent residence made by the foreign national under section 12.01 of the Regulations, if the foreign national is issued an invitation; and
- (e) to carry out these Instructions.
Information required
(3) When a foreign national submits an expression of interest, they must provide the Minister with all the information required to process their expression of interest, including
- (a) the results, which must be less than two years old, of any language test which is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection; and
- (b) if applicable, the results, which must be less than five years old, of any assessment of the equivalency of their educational credentials that has been completed by an organization or institution designated under subsection 75(4) of the Regulations.
Expired results
(4) If, during the period when an expression of interest is in the express entry pool, the results of a language test provided for that expression of interest under paragraph (3)(a) are two or more years old, or if the results of an assessment of equivalency of educational credentials provided for that expression of interest under paragraph (3)(b) are five or more years old, the foreign national is deemed, for the purposes of paragraph 5(1)(a), to no longer be able to meet the requirements of the Regulations that are related to those results.
Expression of interest — submission by other means
(5) If a foreign national is unable to submit an expression of interest by means of the Express Entry System referred to in subsection (1) because of a physical or mental disability, it may be submitted by another means made available by the Department of Citizenship and Immigration for that purpose that would enable the foreign national to submit the expression of interest, including a paper form.
Day and time of receipt
(6) An expression of interest and any notification sent through the Express Entry System is considered to be received on the day and at the time recorded in the Express Entry System.
Express entry pool
4 (1) If a foreign national's expression of interest demonstrates that they meet the requirements of paragraph 5(1)(a), it is to be included in the express entry pool until the earliest of
- (a) the day on which the expression of interest demonstrates that the requirements of paragraph 5(1)(a) are no longer met;
- (b) the day on which the period referred to in paragraph 5(1)(b) expires, if the foreign national was required to meet the requirements of that paragraph and has not done so;
- (c) the day that is one year after the day on which the expression of interest was received; and
- (d) if the Minister issues an invitation,
- (i) the day on which the foreign national makes an application for a permanent resident visa in response to the invitation, or
- (ii) the day the period referred to in section 6 expires, if the foreign national has not declined the invitation.
Updates to expression of interest
(2) A foreign national whose expression of interest is in the express entry pool may, at any time before receiving an invitation, update the information in their expression of interest, and the number of points assigned to the foreign national under the Comprehensive Ranking System is to be recalculated accordingly.
Eligibility criteria
5 (1) In order to be eligible to be issued an invitation, a foreign national must
- (a) if the expression of interest were to be considered an application for a permanent resident visa as a member of one of the classes referred to in paragraphs 2(a) to (c), be able to meet the requirements to be a member of that class as well as the selection criteria and other requirements for receiving a permanent resident visa as a member of that class; and
- (b) within 30 days after the day on which they submit their expression of interest, register with the Job Bank for Job Seekers of the Canada Employment Insurance Commission, if they do not have a qualifying offer of arranged employment or a nomination certificate issued by the government of a province referred to in paragraph 2(d) under its provincial nominee program express entry stream at the end of that period.
Ability to meet requirements
(2) For the purpose of the issuance of an invitation, the decision as to whether a foreign national meets the requirements of paragraph (1)(a) is made on the basis of the information provided in the expression of interest.
Exception
(3) Despite paragraph (1)(b), a foreign national who is unable to register by means of an electronic system with the Job Bank because of a physical or mental disability is not required to register with that Job Bank to be eligible to be issued an invitation.
Validity period
6 An invitation is valid for the period of time beginning on the day after it is issued by the Minister and ending on the 90th day after that day, and any application for a permanent resident visa in response to that invitation must be made within that period.
3 Subsection 7(1) of the Instructions is replaced by the following:
Personal information
7(1) The Minister may, for the purpose of section 10.4 of the Act and in order to facilitate the registration of foreign nationals with the Job Bank referred to in paragraph 5(1)(b) and the confirmation of their registration, confirm to the Canada Employment Insurance Commission that a specific combination of an express entry profile number and a Job Seeker validation code corresponds to a valid expression of interest.
4 (1) Paragraph 8(1)(d) of the Instructions is re- placed by the following:
- (d) additional factors.
(2) Subparagraph 8(2)(a)(iii) of the Instructions is replaced by the following:
- (iii) a maximum total of 600 points for additional factors; and
(3) Subparagraph 8(2)(b)(iv) of the Instructions is replaced by the following:
- (iv) a maximum of 600 points for additional factors.
5 (1) Paragraph 12(2)(b) of the Instructions is replaced by the following:
- (b) must provide, with respect to those languages, the results of a language test that is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection.
(2) Subsection 12(3) of the Instructions is replaced by the following:
Two year duration
(3) When the results of a language test referred to in paragraph (2)(b) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.
6 Subsection 15(3) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
- (d) is remunerated by the payment of wages or a commission.
7 (1) Paragraph 18(2)(b) of the Instructions is replaced by the following:
- (b) the foreign national must provide, with respect to their spouse or common-law partner's first official language, the results of a language test that is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection.
(2) Section 18 of the Instructions is amended by adding the following after subsection (2):
Two year duration
(2.1) When the results of a language test referred to in paragraph (2)(b) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.
8 Subsection 19(4) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
- (d) is remunerated by the payment of wages or a commission.
9 Paragraphs 21(1)(b) to (e) of the Instructions are replaced by the following:
- (b) 13 points, if the foreign national has a post- secondary program credential of one or more years and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9;
- (c) 25 points, if the foreign national has a post- secondary program credential of one or more years and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas;
- (d) 25 points, if the foreign national's proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9 and they have
- (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
- (ii) a university-level credential at the master's level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
- (iii) a university-level credential at the doctoral level; and
- (e) 50 points, if the foreign national's proficiency in their first official language is assessed at level 9 or higher in all language skill areas and they have
- (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
- (ii) a university-level credential at the master's level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
- (iii) a university-level credential at the doctoral level.
10 Paragraphs 22(1)(d) and (e) of the Instructions are replaced by the following:
- (d) 25 points, if the foreign national has one year of Canadian work experience and
- (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
- (ii) a university-level credential at the master's level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
- (iii) a university-level credential at the doctoral level; and
- (e) 50 points, if the foreign national has two or more years of Canadian work experience and
- (i) two or more post-secondary program credentials, one of which was issued on completion of a post-secondary program of three years or more,
- (ii) a university-level credential at the master's level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
- (iii) a university-level credential at the doctoral level.
11 Paragraphs 23(b) to (e) of the Instructions are replaced by the following:
- (b) 13 points, if the foreign national has one or two years of foreign work experience and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9;
- (c) 25 points, if the foreign national has one or two years of foreign work experience and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas;
- (d) 25 points, if the foreign national has at least three years of foreign work experience and their proficiency in their first official language is assessed at level 7 or higher in all language skill areas, with one or more areas assessed at less than level 9; and
- (e) 50 points, if the foreign national has at least three years of foreign work experience and their proficiency in their first official language is assessed at level 9 or higher in all language skill areas.
12 (1) The portion of subsection 25(1) of the French version of the Instructions before paragraph (a) is replaced by the following:
(1) Pour l'application des articles 23 et 24, l'expérience de travail à l'étranger est l'expérience de travail qui, à la fois :
(2) Subsection 25(1) of the Instructions is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
- (d) is remunerated by the payment of wages or a commission.
13 The Instructions are amended by adding the following after section 27:
Additional factors
27.1 The additional factors referred to in paragraph 8(1)(d) are factors relating to
- (a) provincial nomination;
- (b) qualifying offer of arranged employment; and
- (c) Canadian educational credentials.
14 Sections 29 to 34 of the Instructions are replaced by the following:
Points for qualifying offer of arranged employment
29 (1) If a foreign national has a qualifying offer of arranged employment, they may be assigned points as follows:
- (a) 200 points, if the offer is for employment in an occupation contained in Major Group 00 of the National Occupation Classification; or
- (b) 50 points, if the offer is any other qualifying offer of arranged employment.
Qualifying offer of arranged employment
(2) A qualifying offer of employment is one of the following:
- (a) an arranged employment as defined in subsection 82(1) of the Regulations, if
- (i) the offer is supported by a valid assessment — provided by the Department of Employment and Social Development at the request of the employer or an officer and on the same basis as an assessment provided for the issuance of a work permit — that the requirements set out in subsection 203(1) of the Regulations with respect to the offer have been met,
- (ii) the foreign national holds a valid work permit, the offer of employment is made by an employer for whom the foreign national currently works and who is specified on the work permit, the work permit was issued based on a positive determination made by an officer under subsection 203(1) of the Regulations with respect to the foreign national's employment with that employer in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix and the assessment provided by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked, or
- (iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations, the offer is made by an employer who is specified on the work permit and the foreign national works for that employer and has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for that employer;
- (b) an offer of continuous full-time employment for a total duration of at least one year from the day on which a permanent resident visa is issued in a skilled trade occupation as defined in subsection 87.2(1) of the Regulations that is made to the foreign national by up to two employers, neither of which is an embassy, high commission or consulate in Canada or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations if
- (i) the offer is supported by a valid assessment — provided by the Department of Employment and Social Development at the request of one or two employers or an officer and on the same basis as an assessment provided for the issuance of a work permit — that the requirements set out in subsection 203(1) of the Regulations with respect to the offer have been met,
- (ii) the foreign national holds a valid work permit, the offer is made by up to two employers who are specified on the work permit, the foreign national currently works for one of those employers, the work permit was issued on the basis of a positive determination by an officer under subsection 203(1) of the Regulations with respect to their employment with their current employer, the assessment by the Department of Employment and Social Development on which the determination is based is not revoked or suspended, and the offer is in a skilled trade occupation that is in the same minor group set out in the National Occupational Classification as the occupation specified on the work permit, or
- (iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations that specifies the employer or employers that made the offer, and the foreign national works for an employer specified on the permit and has accumulated a total of at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for the employers who made the offer.
Loss of offer or inability to perform duties
(3) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment or if the foreign national is unable to perform the duties of the employment or is unlikely to agree to perform them, the foreign national is no longer entitled to the points assigned under subsection (1) in respect of that offer and the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.
Canadian educational credentials
30 (1) The points that are to be assigned for a Canadian educational credential are the following:
- (a) 0 points, if the foreign national has a secondary school educational credential;
- (b) 15 points, if the foreign national has an eligible credential from a one-year or two-year post-secondary program; and
- (c) 30 points, if the foreign national has
- (i) an eligible credential from a post-secondary program of three years or more,
- (ii) an eligible credential from a university-level program at the master's level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required, or
- (iii) an eligible credential from a university-level program at the doctoral level.
Highest level of education
(2) Points are to be assigned under subsection (1) only for the eligible credential corresponding to the highest level of education for which the foreign national meets the requirements of subsection (3).
Requirements
(3) Points are only assigned under subsection (1) if, for the purpose of obtaining the credential, the foreign national
- (a) studied in Canada at a Canadian educational institution;
- (b) was enrolled in full-time study or training for at least eight months; and
- (c) was physically present in Canada for at least eight months.
Eligible credentials
(4) For the purpose of this section, an eligible credential is one of the following:
- (a) a degree, diploma, certificate or trade or apprenticeship credential from a Canadian public postsecondary institution or from a Canadian private post-secondary institution that operated under the same rules and regulations as a Canadian public postsecondary institution;
- (b) a diplôme d'études professionnelles (DEP) or an attestation de spécialisation professionnelle (ASP) earned through a program of study of at least 900 hours from a private secondary or post-secondary institution in Quebec; or
- (c) a Bachelor's, Master's or doctoral degree from a Canadian private post-secondary institution, if a provincial statute authorizes that institution to confer that credential.
Exceptions
(5) For the purpose of this section, the following are not eligible credentials:
- (a) credentials obtained in a study or training program in which the study of English or French as a second language amounted to more than half of the program;
- (b) credentials obtained in a study or training program in which distance learning amounted to more than half of the program; or
- (c) credentials obtained in a study or training program while receiving a scholarship or fellowship that stipulated that the recipient return to their home country to apply the knowledge and skills gained.
Maximum points
31 The maximum number of points that may be assigned under subsections 28(1), 29(1) and 30(1), taken together, is 600 points.
32 Repealed.
33 Repealed.
34 Repealed.
Coming into Force
15 These Instructions come into force on November 19, 2016.
[46-1-o]
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 25 substances
Whereas the 25 substances set out in this Notice are specified on the Domestic Substances List; (see footnote c)
Whereas the Minister of the Environment and the Minister of Health (the ministers) have previously conducted screening assessments of each of the 25 substances set out in this Notice under section 68 or 74 of the Canadian Environmental Protection Act, 1999 (see footnote d) and released summaries of the results of this process on August 8, 2009, for 6 of the substances, and on October 15, 2016, for 19 of the substances, in the Canada Gazette, Part I;
Whereas the ministers have previously published an order on August 19, 2009, in the Canada Gazette, Part II, pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999, amending the Domestic Substances List to indicate that subsection 81(3) of that Act applies to 6 substances (see footnote e) set out in this Notice;
Whereas the ministers are satisfied that the 25 substances set out in this Notice are, in any one calendar year, being manufactured in Canada or imported into Canada by any person in a quantity of more than 100 kg only for a limited number of uses that are subject to the Pest Control Products Act;
And whereas the ministers suspect that the information concerning a significant new activity in relation to any of the 25 substances set out in this Notice may contribute to determining the circumstances in which these substances are toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,
Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 by varying the significant new activities in relation to the 6 substances in respect of which subsection 81(3) already applies and applying the significant new activities provisions of that Act relating to any of the remaining 19 substances 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, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.
The screening assessments for the 25 substances set out in this Notice may be obtained from the Government of Canada's Chemical Substances website (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.
Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
ANNEX
Column 1 Substance |
Column 2 Significant new activity for which the substance is subject to subsection 81(3) of the Act |
|---|---|
72-43-5 S′ 87-86-5 S′ 1582-09-8 S′ 1897-45-6 S′ 1912-24-9 S′ 3691-35-8 S′ |
1. In relation to any substance in Column 1 opposite to this section, any activity, in any one calendar year, involving more than 100 kg of the substance, including the use of the substance as a research and development substance or 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. 2. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in any one calendar year:
3. The above information will be assessed within 90 days after the day on which it is received by the Minister. |
2. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following in numerical order:
- 51-03-6
- 62-73-7
- 76-06-2
- 87-90-1
- 88-30-2
- 94-75-7
- 133-06-2
- 133-07-3
- 333-41-5
- 584-79-2
- 2921-88-2
- 8001-58-9
- 8003-34-7
- 10453-86-8
- 10605-21-7
- 12069-69-1
- 13356-08-6
- 20543-04-8
- 23564-05-8
Column 1 Substance |
Column 2 Significant new activity for which the substance is subject to subsection 81(3) of the Act |
|---|---|
51-03-6 S′ |
1. In relation to any substance in Column 1 opposite to this section, any activity, in any one calendar year, involving more than 100 kg of the substance, including 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. 2. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in any one calendar year:
3. The above information will be assessed within 90 days after the day on which it is received by the Minister. |
Coming into Force
4. This 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 vary the Significant New Activity (SNAc) requirements for 6 substances and to apply the SNAc provisions to 19 substances, pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 (CEPA) (see footnote f)
In January 2015, the Department of the Environment and the Department of Health (the departments) published a document outlining an initiative to review all orders and notices that were made between 2001 and 2014 (see footnote g) to impose SNAc requirements. The purpose of the review is to ensure that SNAc orders and notices are consistent with current information, policies and approaches. Resulting changes to SNAc orders and notices are expected to provide greater clarity of scope and improved ease of compliance by industry, while protecting Canadians and their environment.
Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment. The comments received will be taken into consideration during the development of the Order amending the DSL to vary the SNAc provisions for 6 substances and to apply the SNAc provisions to 19 substances.
The DSL amendments are not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II. Any current SNAc requirements remain in effect until such time as a final Order comes into force.
With the exception of methoxychlor, the substances in this NOI are currently used as pest control products and are subject to provisions under the Pest Control Products Act (PCPA). (see footnote h) Pesticidal uses of methoxychlor have been discontinued in Canada since 2005, and the substance is no longer registered under the PCPA. Any future pesticidal uses of methoxychlor would be subject to the PCPA and require pre-market assessment. Information-gathering methods for any non-pesticide applications of these substances other than the use of SNAc provisions were considered, including the addition of the substances to the list of substances subject to the DSL Inventory Update and reporting to the National Pollutant Release Inventory. These options are not considered appropriate given that information would only be obtained after use and/or releases to the environment had occurred, potentially leading to environmental or human health exposure. In addition, the reporting thresholds for both of these options would typically be greater than the level at which environmental or human health effects would be likely to occur.
Applicability of the proposed Order
At this time, it is proposed that the Order amending the DSL require any person (individual or corporation) engaging in a significant new activity in relation to any of the 25 substances listed in Table 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.
Table 1: List of substances that would be subject to the proposed Order
Part A: Substances for which Significant New Activity (SNAc) provisions will be varied
- 72-43-5
- 1897-45-6
- 87-86-5
- 1912-24-9
- 1582-09-8
- 3691-35-8
Part B: Substances for which Significant New Activity (SNAc) provisions are proposed
- 51-03-6
- 87-90-1
- 133-06-2
- 584-79-2
- 8003-34-7
- 12069-69-1
- 23564-05-8
- 62-73-7
- 88-30-2
- 133-07-3
- 2921-88-2
- 10453-86-8
- 13356-08-6
- 76-06-2
- 94-75-7
- 333-41-5
- 8001-58-9
- 10605-21-7
- 20543-04-8
In order to address environmental and/or human health concerns, the Order would target the use of the substances in Table 1, at an amount greater than 100 kg in a calendar year in any activity, including the use of the substance as a research and development substance, as a site-limited intermediate substance, or as an export-only substance.
Activities not subject to the proposed Order
The Order amending the DSL would not apply to uses of the substances that are regulated under the PCPA or any Act of Parliament also listed in Schedule 2 of CEPA, including the Fertilizers Act and the Feeds Act. For example, for the substance with Chemical Abstracts Service Registry Number 8001-58-9 in Part B of Table 1 (creosote), the Order would not apply to activities involving its production from coal tar when the substance is ultimately used in a pest control product regulated under the PCPA.
The proposed Order would also not apply to transient reaction intermediates, impurities, contaminants, or partially unreacted intermediates, or, in some circumstances, to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be notifiable 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 i)
Information to be submitted
The proposed Order sets out requirements for information that would need to be provided to the Minister 90 days before the day on which the substances are imported, manufactured or used for a significant new activity. The departments 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 substances, details surrounding their use, and exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).
Additional guidance on preparing a SNAN can be found in section 4 of the 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 j) 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). (see footnote k)
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 public 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 substances specified in the proposed Order are toxic or capable of becoming toxic, the person who is in possession of the information and is involved in activities with the substances 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 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. The Substances Management Advisory Note titled “Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environ-mental Protection Act, 1999” provides more detail on this subject. (see footnote l)
Any person who transfers the physical possession or control of a substance subject to the 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 recommended for notifiers who wish to consult during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.
Where a person has questions concerning their obligations to comply with a notice or order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances with the program by contacting the Substances Management Information Line. (see footnote m)
CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy. (see footnote n) 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.
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DEPARTMENT OF HEALTH
HAZARDOUS MATERIALS INFORMATION REVIEW ACT
Decisions, undertakings and orders on claims for exemption
Pursuant to paragraph 18(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of the decisions of the screening officer respecting each claim for exemption and the relevant material safety data sheet (MSDS) and (where applicable) the label listed below.
In accordance with section 20 of the Hazardous Materials Information Review Act, a claimant or any affected party, as defined, may appeal a decision or order of a screening officer. An affected party may also appeal an undertaking in respect of which a notice has been published in the Canada Gazette. To initiate the appeal process, a Statement of Appeal (Form 1) as prescribed by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations must be completed and delivered, along with the fee prescribed by section 12 of the Hazardous Materials Information Review Regulations, within 45 days of the publication of this notice in the Canada Gazette, Part I, to the Chief Appeals Officer at the following address: Workplace Hazardous Materials Bureau, 269 Laurier Avenue West, 8th Floor, Ottawa, Ontario K1A 0K9.
Julie Calendino
Chief Screening Officer
On February 11, 2015, the Hazardous Products Act (HPA) was amended, and the Controlled Products Regulations (CPR) and the Ingredient Disclosure List were repealed and replaced with the new Hazardous Products Regulations (HPR). The revised legislation (HPA/HPR) is referred to as WHMIS 2015 and the former legislation (HPA/CPR) is referred to as WHMIS 1988.
Transitional provisions allow compliance with either WHMIS 1988 or WHMIS 2015 for a specified period of time. All claims for exemption in this publication were filed and evaluated in accordance with the provisions of WHMIS 1988.
There were no written representations from affected parties with respect to any of the claims for exemption and related MSDSs or labels mentioned below.
Each of the claims for exemption listed in the table below was found to be valid except for those for Registry Numbers (RNs) 9560, 9608, 9649, 9653 and 9657, which were found to be partially valid. The screening officer reached this decision after reviewing the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations.
| Claimant | Product Identifier | RN | Date of Decision |
|---|---|---|---|
| Wood Wyant Inc. | VERT-2-GO BLUE FORCE | 9484 | 2016-07-27 |
| Wood Wyant Inc. | VERT-2-GO SCRUB E-Z | 9485 | 2016-07-27 |
| Sani-Marc Inc. | WAVE | 9486 | 2016-07-27 |
| Valhalla Wood Preservatives Ltd. | Lifetime Wood Treatment | 9506 | 2016-04-08 |
| Momentive Performance Materials | Niax* Silicone L-618 | 2016-04-22 | |
| The Lubrizol Corporation | LUBRIZOL® 5034A | 9560 | 2016-08-02 |
| Stepan Company | STEPOSOL CITRI-MET | 9608 | 2016-04-11 |
| Hexion Inc. | EPIKURE™ Curing Agent 8537 | 9649 | 2016-04-21 |
| Afton Chemical Corporation | HiTEC® 8703 Performance Additive | 9653 | 2016-05-06 |
| Afton Chemical Corporation | HiTEC® 315 Performance Additive | 9657 | 2016-04-11 |
| Stepan Company | PETROSTEP N-1 LA | 9689 | 2016-04-01 |
| Elementis Specialties Inc. | THIXATROL® RM 14 | 9700 | 2016-05-13 |
| WestRock MWV, LLC | Altalub™ 5300 | 9703 | 2016-05-13 |
| Baker Hughes Canada Company | RE4267 | 9726 | 2016-04-25 |
| Nalco Canada ULC | NALCO® EC6697A | 9784 | 2016-04-26 |
| Nalco Canada ULC | SCAL06690A | 9785 | 2016-07-28 |
| Baker Hughes Canada Company | TOLAD™ 9702 Additive | 9791 | 2016-04-28 |
| Trican Well Service Ltd. | PFC-2 | 9794 | 2016-06-10 |
| RN | Notice of Filing Publication Date | Original Subject of the Claim | Revised Subject of the Claim |
|---|---|---|---|
| 9534 | 2015-07-25 | C.i. and c. of one ingredient | C.i. and c. of three ingredients, c. of four ingredients |
| 9649 | 2015-11-07 | C.i. of one ingredient, c. of three ingredients | C.i. of one ingredient, c. of two ingredients |
| 9700 | 2016-01-23 | C.i. and c. of one ingredient | C.i. and c. of one ingredient, c. of two ingredients |
| 9794 | 2016-03-26 | C.i. of two ingredients | C.i. of three ingredients |
Note: C.i. = Chemical identity and c. = concentration
Having regard for the various data readily available in the literature and any information provided by the claimant, the screening officer found that only the respective MSDSs in respect of the claims bearing RNs 9784, 9785 and 9791 complied with the requirements of the relevant legislation.
In all cases where the MSDS or the label was determined not to be in compliance with the relevant legislation, pursuant to subsection 16.1(1) of the Hazardous Materials Information Review Act, the claimant was given 30 days to provide the screening officer with a signed undertaking accompanied by the MSDS or the label amended as necessary.
CLAIMS FOR WHICH THE SCREENING OFFICER WAS SATISFIED THAT THE CLAIMANT HAD TAKEN THE MEASURES SET OUT IN THE UNDERTAKING
Pursuant to paragraph 18(1)(b) of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of information that has been disclosed on the relevant MSDS or label in compliance with an undertaking and the date on which the notice referred to in subsection 16.1(3) of the Act was issued.
RN: 9484 Date: 2016-08-23
The claimant had been advised to amend certain aspects of the content and wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose skin and eye contact as additional routes of entry.
2. Disclose the concentration of the ingredient “alkyl (c9-11) alcohol, ethoxylated”.
RN: 9485 Date: 2016-08-23
The claimant had been advised to amend certain aspects of the content and wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose the additional WHMIS pictogram for class D1, if WHMIS pictograms are shown on the MSDS.
2. Disclose skin and eye contact as additional routes of entry.
3. Disclose the concentration of the ingredients “diethylene glycol monobutyl ether”, “citric acid”, “alkyl (c9-11) alcohol, ethoxylated”, and “lauryl dimethylamine oxide”.
4. Disclose an ACGIH TLV–TWA exposure limit of 10 ppm for the ingredient “diethylene glycol monobutyl ether”.
5. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D1B.
RN: 9486 Date: 2016-08-23
The claimant had been advised to amend certain aspects of the content and wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose the concentration of the ingredients “sodium (C14-16) olefin sulfonate” and “critic acid”.
2. Disclose an acceptable LD50 (rat, oral) value for the ingredient “sodium (C14-16) olefin sulfonate”.
RN: 9506 Date: 2016-04-25
The claimant had been advised to amend certain aspects of the content and wording of the MSDS.
RN: 9534 Date: 2016-05-24
The claimant had been advised to amend certain aspects of the wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose inhalation as a route of entry.
2. Disclose the presence of two additional ingredients, along with their CAS registry numbers.
3. Disclose the presence of two additional confidential ingredients, “polyalkylene oxide” and “polyalkylene glycol”.
4. Disclose an LC50 (rat, aerosol, 4 hours) value of 8.67 mg/L for an additional ingredient.
RN: 9689 Date: 2016-05-04
The claimant had been advised to amend the MSDS as indicated below.
1. Disclose the calculated product LC50 (rat, aerosol, 4 hours) value.
2. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D1B.
RN: 9700 Date: 2016-06-10
The claimant had been advised to amend certain aspects of the content of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose that acute ingestion of an ingredient has been shown to cause neurological effects.
2. Disclose the concentration, or concentration range, for the confidential ingredient “mixed amide”.
RN: 9703 Date: 2016-05-18
The claimant had been advised to amend certain aspects of the content and wording of the MSDS.
RN: 9726 Date: 2016-05-18
The claimant had been advised to amend the MSDS as indicated below.
1. Disclose that an ingredient has been shown to cause skin sensitization in animals.
2. In relation to the first aid information shown on the MSDS for skin contact, disclose a statement to the effect that contaminated clothing should be removed immediately.
3. Disclose an LD50 (rat, oral) value of 2 870 mg/kg for the ingredient “maleic acid”.
RN: 9794 Date: 2016-06-21
The claimant had been advised to amend certain aspects of the wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose that acute inhalation of an ingredient has been shown to cause central nervous system effects in animals.
2. Disclose the presence of the additional confidential ingredient “silicon compound 1”, along with its concentration in the product.
3. Disclose an LD50 (rat, oral) value of 1 700 mg/kg for the confidential ingredient “silicon compound 2”.
4. Disclose that an ingredient has been shown to cause carcinogenic effects.
5. Disclose that an ingredient has been shown to cause teratogenic effects and fetotoxic effects in the presence of maternal toxicity in animals.
CLAIMS FOR WHICH THE SCREENING OFFICER ISSUED THE DECISION THAT THE CLAIM FOR EXEMPTION WAS EITHER PARTIALLY VALID OR INVALID
In the case of the following claims, the screening officer issued the decision that the claims for exemption were partially valid.
Pursuant to section 18 of the Hazardous Materials Information Review Act, the Chief Screening Officer hereby gives notice of information that the screening officer ordered to be disclosed on an MSDS or a label pursuant to subsection 16(1) and information that has been disclosed on the relevant MSDS or label in compliance with an undertaking, and the dates on which the orders and notices referred to in subsection 16.1(3) of the Act were issued.
RN: 9560
Date of compliance undertaking: 2016-09-07
The claimant had been advised to amend certain aspects of the content and wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose that an ingredient has been shown to be corrosive to the skin.
2. In relation to the first aid information shown on the MSDS for ingestion, disclose advice such as the following: do not induce vomiting.
3. Disclose an LD50 (rat, oral) value of 675 mg/kg for the confidential ingredient “substituted triazole”.
4. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class E.
RN: 9608
Date of compliance undertaking: 2016-05-05
The claimant had been advised to amend certain aspects of the content and wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose an LD50 (rat, oral) value of 550 mg/kg for the confidential ingredient “N,N-dimethyl 9-decenamide”.
RN: 9649
Date of order: 2016-07-14
The claimant had been advised to amend certain aspects of the wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose that acute inhalation and chronic inhalation of an ingredient have been shown to cause adverse red blood cell effects.
2. Disclose the concentration for the confidential ingredient “aliphatic polyamine (proprietary)”.
RN: 9653
Date of compliance undertaking: 2016-06-10
The claimant had been advised to amend certain aspects of the content and wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose the presence of two additional confidential ingredients, “polyolefin amide alkeneamine” and “long chain olefins”.
RN: 9657
Date of compliance undertaking: 2016-05-24
The claimant had been advised to amend certain aspects of the content and wording of the MSDS and had been further advised to amend the MSDS as indicated below.
1. Disclose the presence of the additional confidential ingredient “alkyl phosphate (II)”.
2. Disclose the chemical identity, along with the CAS registry number, for the ingredient “long-chain alkyl amine”.
3. Disclose the concentration, or concentration range, for the confidential ingredient “alkyl phosphate (I)”.
4. Disclose an LD50 (rat, oral) value of 612 mg/kg for the ingredient “amines, C12-14-tert-alkyl”.
5. Disclose an LD50 (rabbit, dermal) value of 251 mg/kg for the confidential ingredient “amines, C12-14-tert-alkyl”.
6. Disclose an LC50 (rat, vapour, 4 hours) value of 157 ppm for the ingredient “amines, C12-14-tert-alkyl”.
7. Disclose an LD50 (rat, oral) value of 1 689 mg/kg for the confidential ingredient “long-chain alkenyl amine”.
8. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D1B.
[46-1-o]
DEPARTMENT OF TRANSPORT
CANADA MARINE ACT
Saguenay Port Authority — Supplementary letters patent
By the Minister of Transport
WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Saguenay Port Authority (“Authority”), under the authority of the Canada Marine Act (“Act”), effective May 1, 1999;
WHEREAS Schedule C of the letters patent sets out the immovables, other than federal immovables, held or occupied by the Authority;
WHEREAS pursuant to subsection 46(2) of the Act, the Authority wishes to dispose of two parcels of land identified as being part of lots 4 012 783 and 4 012 691 of the Quebec cadastre (“immovables”);
WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent to reflect the disposition of the immovables;
AND WHEREAS the Minister 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:
| Lot | Description |
|---|---|
| 4 012 783 | An immovable known and designated as lot 4 012 783 of the Quebec cadastre, registration division of Chicoutimi, city of Saguenay, as described in the technical description prepared February 14, 2012, and shown on the accompanying plan, under number 3536 of the minutes of Alain Tremblay, land surveyor. Save and except: a parcel of land identified as being a part of lot 4 012 783 of the Quebec cadastre, registration division of Chicoutimi, city of Saguenay, and described as being parcel "A" in the technical description prepared April 30, 2014, and shown on the accompanying plan, under number 11 of the minutes of Joffrey Dufour, land surveyor, containing an area of 17 193.5 m2. |
Note: The lot and part of lot mentioned above will be subject to cadastral operations in order to identify them by a separate lot number on the Quebec cadastre.
| Lot | Description |
|---|---|
| 4 012 691 | An immovable known and designated as lot 4 012 691 of the Quebec cadastre, registration division of Chicoutimi, city of Saguenay, as illustrated by a plan prepared October 31, 2012, under number 3588 of the minutes of Louis-Alain Tremblay, land surveyor. Save and except: a parcel of land identified as being part of lot 4 012 691 of the Quebec cadastre, registration division of Chicoutimi, city of Saguenay, and described as being parcel "B" in the technical description prepared April 30, 2014, and shown on the accompanying plan, under number 11 of the minutes of Joffrey Dufour, land surveyor, containing an area of 66 466.3 m2. |
Note: The lot and part of lot mentioned above will be subject to cadastral operations in order to identify them by a separate lot number on the Quebec cadastre.
3. These supplementary letters patent take effect, for each lot or part of lot mentioned above, on the date of registration in the Land Register of Quebec of the documents evidencing the transfer of the immovable to the Authority.
ISSUED this 18th day of October, 2016.
The Honourable Marc Garneau, P.C., M.P.
Minister of Transport
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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS
BANK ACT
BNP Paribas (Canada) — Letters patent of amalgamation and order to commence and carry on business
Notice is hereby given of the issuance,
- pursuant to subsection 229(1) of the Bank Act, of letters patent amalgamating and continuing BNP Paribas (Canada) and BNP Paribas Energy Trading Canada Corp. as one bank under the name BNP Paribas (Canada), effective on November 1, 2016; and
- pursuant to subsection 48(4) of the Bank Act, of an order authorizing BNP Paribas (Canada) to commence and carry on business, effective November 1, 2016.
October 25, 2016
Jeremy Rudin
Superintendent of Financial Institutions
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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 website (http://www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng).
| Position | Organization | Closing date |
|---|---|---|
| Director | Canada Pension Plan Investment Board | |
| Member | Judicial Advisory Committees | November 17, 2016 |
| Director (Federal Representative) | Montréal Port Authority | |
| Members | National Capital Commission | November 14, 2016 |
| Commissioner of Lobbying | Office of the Commissioner of Lobbying | November 21, 2016 |
| Commissioner of Official Languages for Canada | Office of the Commissioner of Official Languages | December 2, 2016 |
| Conflict of Interest and Ethics Commissioner | Office of the Conflict of Interest and Ethics Commissioner | November 21, 2016 |
| Director (Federal Representative) | Prince Rupert Port Authority | |
| President | Public Service Commission | November 14, 2016 |
| Director (Federal Representative) | Sept-Îles Port Authority | |
| Director (Federal Representative) | Thunder Bay Port Authority | |
| Director (Federal Representative) | Vancouver Fraser Port Authority |
Upcoming opportunities
New opportunities that will be posted in the coming weeks.
| Position | Organization |
|---|---|
| President (Chief Executive Officer) | Atomic Energy of Canada Limited |
| Chairperson | Canadian Air Transport Security Authority |
| Chairperson | Canadian Centre on Substance Abuse |
| Directors | Canadian Centre on Substance Abuse |
| Members | Canadian Institutes of Health Research |
| Chairperson | Canadian International Trade Tribunal |
| Chairperson | Canadian Museum for Human Rights |
| Trustees | Canadian Museum for Human Rights |
| Chairperson | Canadian Museum of History |
| Trustees | Canadian Museum of History |
| Vice-Chairperson | Canadian Museum of History |
| Chairperson | Canadian Museum of Immigration at Pier 21 |
| Trustees | Canadian Museum of Immigration at Pier 21 |
| Chairperson | Canadian Museum of Nature |
| Trustees | Canadian Museum of Nature |
| Permanent Members | Canadian Nuclear Safety Commission |
| Directors | Canadian Race Relations Foundation |
| Citizenship Judges | Citizenship Commission |
| Directors | First Nations Financial Management Board |
| Sergeant-at-Arms | House of Commons |
| Members | National Arts Centre Corporation |
| Full-time Member | National Energy Board |
| Members | National Film Board |
| Chairperson | National Gallery of Canada |
| Trustees | National Gallery of Canada |
| Vice-Chairperson | National Gallery of Canada |
| Trustees | National Museum of Science and Technology |
| Director | Office of the Director of Public Prosecutions |
| Executive Vice-Chairperson and Member | Parole Board of Canada |
| Chairperson | Patented Medicine Prices Review Board |
| Member | Patented Medicine Prices Review Board |
| Chairperson and Member | Standards Council of Canada |
| Member | Telefilm Canada |
| Chairperson | VIA Rail Canada Inc. |
Ongoing opportunities
Opportunities posted on an ongoing basis.
| Position | Organization |
|---|---|
| Full-time and Part-time Members | Immigration and Refugee Board |
| Members — All regional divisions (full-time positions and part-time positions) | Parole Board of Canada |
| Full-time and Part-time Members (Appeal Division) | Social Security Tribunal |
| Full-time and Part-time Members (General Division — Employment Insurance Section) | Social Security Tribunal |
| Full-time and Part-time Members (General Division — Income Security Section) | Social Security Tribunal |
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