Canada Gazette, Part I, Volume 152, Number 38: GOVERNMENT NOTICES

September 22, 2018

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 19443

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 siloxanes and silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propyl] group-terminated, polymers with Bu methacrylate, 2-ethylhexyl acrylate and Me methacrylate, Chemical Abstracts Service Registry No. 756819-45-1, 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 section 64 of the Act;

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)

Transitional provisions

EXPLANATORY NOTE

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

Description

This Significant New Activity (SNAc) Notice is a legal instrument adopted by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999 (the Act) to apply the SNAc provisions of that Act to siloxanes and silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propyl] group-terminated, polymers with Bu methacrylate, 2-ethylhexyl acrylate and Me methacrylate, Chemical Abstracts Service Registry No. 756819-45-1. 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.

A SNAc notice does not constitute an endorsement from the Department of the Environment 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 (individual or corporation) engaging in a SNAc in relation to siloxanes and silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propyl] group-terminated, polymers with Bu methacrylate, 2-ethylhexyl acrylate and Me methacrylate, Chemical Abstracts Service Registry No. 756819-45-1, submit a significant new activity notification (SNAN) containing all of the information prescribed in the Notice at least 90 days prior to using the substance for the SNAc.

In order to address the human toxicity concerns, the Notice requires notification in relation to the use of the substance in the manufacture of consumer products intended for spray applications that generate airborne particles of fewer than 10 µm, in any quantity and when the concentration of the substance is greater or equal to 0.1% by weight. For example, notification is required if a person plans to manufacture a product containing the substance that generates respirable airborne particles of fewer than 10 microns (e.g. aerosol hair sprays), and the concentration of the substance is greater than or equal to 0.1% by weight.

The Notice also requires notification in relation to any use of the substance in consumer products for distribution that generate airborne particles of fewer than 10 µm, in a quantity of more than 10 kg in any one calendar year when the concentration of the substance is greater than or equal to 0.1% by weight. For example, notification is required if a person plans to distribute the substance in sprays to businesses or consumers, if the product generates respirable airborne particles of fewer than 10 µm (e.g. aerosol hair sprays), where there is more than 10 kg of the substance involved in a calendar year and the concentration is greater than or equal to 0.1% by weight.

The Notice targets any use of the substance in consumer products to which the Canada Consumer Product Safety Act (CCPSA) applies, or in a cosmetic as defined in the Food and Drugs Act (FDA). A SNAN is required 90 days before the use of the substance in a SNAc.

Activities not subject to the Notice

The following activities are not significant new activities.

Uses of the substance that are regulated under the Acts of Parliament listed in Schedule 2 of the Act, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act are excluded from the Notice. The Notice also does not apply to transient reaction intermediates, impurities, contaminants, partially unreacted materials, 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 SNAc provisions of the Act. See subsection 81(6) and section 3 of the Act, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.

Activities involving the use of the substance as a research and development substance or a site-limited intermediate or an export-only product are excluded from the Notice. 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).

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 siloxanes and silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propyl] group-terminated, polymers with Bu methacrylate, 2-ethylhexyl acrylate and Me methacrylate, Chemical Abstracts Service Registry No. 756819-45-1 is used for a SNAc. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct risk assessments within 90 days after the complete information is received.

The earlier assessment of the substance identified potential concerns associated with uses of the substance in consumer spray applications that generate respirable airborne particles of fewer than 10 µm. This acrylate silicone copolymer with large water-insoluble components can potentially cause pulmonary complications if inhaled. The SNAc Notice is issued to gather toxicity information in the event that the substance is used in a consumer spray application that generates airborne particles of fewer than 10 µm to ensure that the substance will undergo further assessment before SNAcs are undertaken.

The information requirements in the Notice relate to general information in respect of the substance, details surrounding its use, exposure information, and toxicity to human health. Some of the information requirements reference the New Substances Notification Regulations (Chemicals and Polymers).

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.

Transitional provision

A transitional provision is included in the Notice to facilitate compliance by persons who may already have imported or manufactured up to 1 000 kg of the substance and started activities with it. The Notice comes into force immediately. However, if the substance is used to manufacture consumer products to which the CCPSA applies, or in a cosmetic as defined in the FDA, a threshold of more than or equal to 1 000 kg per calendar year applies and a concentration equal or greater than 0.1% by weight applies for the period between the date of publication of the Notice and September 21, 2019. On September 22, 2019, the threshold for this significant new activity will be lowered to 0 kg per calendar year and the concentration will remain greater than or equal to 0.1% by weight. If the substance is used in product distribution activities, a threshold of more than or equal to 1 000 kg per calendar year and a concentration equal to or greater than 0.1% by weight applies for the period between the date of publication of the Notice and September 21, 2019. On September 22, 2019, the threshold for this significant new activity will be lowered to 10 kg per calendar year and the concentration will remain greater than or equal to 0.1% by weight.

Compliance

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

Although an SDS is an important source of information on the composition of a 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 a SNAc notice 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 siloxanes and silicones, di-Me, mono[3-[(2-methyl-1-oxo-2-propenyl)oxy]propyl] group-terminated, polymers with Bu methacrylate, 2-ethylhexyl acrylate and Me methacrylate, Chemical Abstracts Service Registry No. 756819-45-1 is toxic or capable of becoming toxic, the person who is in possession of the information and is involved in activities with the substance is obligated, under section 70 of the Act, 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 an 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.

Under section 86 of the Act, any person who transfers the physical possession or control of a substance subject to a SNAc notice must notify all persons to whom the physical possession or control is transferred of the obligation to comply with the notice, including the obligation to notify the Minister of any SNAc and to provide all the required information outlined above.

A pre-notification consultation (PNC) is recommended for notifiers who wish to consult with the 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 (eccc.substances.eccc@canada.ca [email], 1-800-567-1999 [toll-free in Canada], and 819-938-3232 [outside of Canada]).

The Act is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act. 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.

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Peel Regional Police Service as fingerprint examiners:

Marlon Cortes

Jessie Poon

Ottawa, September 4, 2018

Ellen Burack

Assistant Deputy Minister
Community Safety and Countering Crime Branch

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(2.1) of the Act, the Authority wishes to acquire the immovables known and designated as being lots 4 012 438, 4 012 454 and 4 012 464 of the cadastre of Quebec;

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

AND WHEREAS the Minister is satisfied that the amendment to the letters patent is consistent with the Act;

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

ISSUED this 17th day of August, 2018.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Trois-Rivières Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Trois-Rivières 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(2.1) of the Act, the Authority wishes to acquire the immovable known and designated as being lot 4 324 592 of the cadastre of Quebec;

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

WHEREAS the Minister is satisfied that the amendment to the letters patent is consistent with the Act;

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

ISSUED this 17th day of August, 2018.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

PRIVY COUNCIL OFFICE

Appointment opportunities

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

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

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

Current opportunities

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

Position

Organization

Closing date

Director

Canada Council for the Arts

 

Chairperson

Canada Lands Company Limited

 

President and Chief Executive Officer

Canada Post Corporation

 

Chairperson

Canada Science and Technology Museum

 

Vice-Chairperson

Canada Science and Technology Museum

 

Vice-Chairperson

Canadian Museum for Human Rights

 

Vice-President

Canadian Museum of Immigration at Pier 21

 

Vice-Chairperson

Canadian Museum of Nature

 

Chairperson

Canadian Race Relations Foundation

 

Regional Member (Quebec)

Canadian Radio-television and Telecommunications Commission

 

Chairperson

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

 

Director

CPP Investment Board

 

Director

Farm Credit Canada

September 27, 2018

Chief Executive Officer

The Federal Bridge Corporation Limited

 

Commissioner

Financial Consumer Agency of Canada

 

Commissioners and Chairperson

International Joint Commission

 

Members (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

President and Chief Executive Officer

Marine Atlantic Inc.

 

Chairperson

National Arts Centre Corporation

 

Vice-Chairperson

National Arts Centre Corporation

 

Chief Executive Officer

National Capital Commission

 

Director

National Gallery of Canada

 

Commissioner of Competition

Office of the Commissioner of Competition

 

Superintendent

Office of the Superintendent of Bankruptcy Canada

 

Veterans’ Ombudsman

Office of the Veterans’ Ombudsman

 

Director (Federal)

Oshawa Port Authority

 

Usher of the Black Rod

Senate

 

Chairperson

Telefilm Canada

 

Member (Marine and Medical)

Transportation Appeal Tribunal of Canada

 

President and Chief Executive Officer

VIA Rail Canada Inc.