Canada Gazette, Part I, Volume 153, Number 7: GOVERNMENT NOTICES

February 16, 2019

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after screening assessment of three substances in the Trimellitates Group — 1,2,4-Benzenetricarboxylic acid, tris(2-ethylhexyl) ester (TEHT), CAS footnote 1 RN 3319-31-1; 1,2,4-Benzenetricarboxylic acid, mixed branched tridecyl and isodecyl esters (BTIT), CAS RN 70225-05-7; and 1,2,4-Benzenetricarboxylic acid, tritridecyl ester (TTDT), CAS RN 94109-09-8 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas TEHT, BTIT and TTDT are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the screening assessment conducted on TEHT, BTIT and TTDT pursuant to section 74 of the Act is annexed hereby;

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

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on these substances at this time under section 77 of the Act.

Catherine McKenna
Minister of the Environment

Ginette Petitpas Taylor
Minister of Health

ANNEX

Summary of the screening assessment of the Trimellitates Group

Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of three of five substances referred to collectively under the Chemicals Management Plan as the Trimellitates Group. These three substances were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA. Two other substances were subsequently determined to be of low concern through other approaches, and proposed decisions for these substances are provided in a separate report. footnote 2 Accordingly, this screening assessment addresses the three substances listed in the table below. The three substances addressed in this screening assessment will hereinafter be referred to as the Trimellitates Group.

Substances in the Trimellitates Group

CAS RN

Domestic Substances List name

Common name (abbreviation)

3319-31-1

1,2,4-Benzenetricarboxylic acid, tris(2-ethylhexyl) ester

Tris(2-ethylhexyl) trimellitate (TEHT)

70225-05-7

1,2,4-Benzenetricarboxylic acid, mixed branched tridecyl and isodecyl esters

Branched tridecyl and isodecyl trimellitate (BTIT)

94109-09-8

1,2,4-Benzenetricarboxylic acid, tritridecyl ester

Tristridecyl trimellitate (TTDT)

Trimellitates do not occur naturally in the environment. According to information reported in surveys conducted under section 71 of CEPA, more than 10 000 000 kg of TEHT were manufactured in Canada, and between 1 000 000 and 10 000 000 kg was imported into Canada in 2011. In the same year, no Canadian manufacturing or importing activities were reported for BTIT above the reporting threshold of 100 kg. TTDT was reported to be imported into Canada in 2009 in quantities ranging from 1 000 to 10 000 kg but was not manufactured above the reporting threshold.

TEHT was reported to be used as a plasticizer in floor coverings, building and construction materials, plastic and rubber materials, and medical devices. It is also used as a fuel additive, in adhesives and sealants used in the transportation sector, as a lubricant and lubricant additive, and in cosmetics.

BTIT is used in cosmetics in Canada. TTDT is primarily used in cosmetics but is also present as a non-medicinal ingredient in drugs, including natural health products. In addition to the uses listed above, TEHT and BTIT have been identified as ingredients of some incidental additives for use in food processing establishments in Canada.

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

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

TEHT has been reviewed by the Organisation for Economic Co-operation and Development and the Cosmetic Ingredient Review Expert Panel. These reviews were used to inform the health effects characterization in this screening assessment. TEHT is not genotoxic and is not expected to be carcinogenic. The available health effects information on TEHT indicates potential effects on the male reproductive system.

A read-across approach was used in the absence of substance-specific data to inform the assessment of human health effects for BTIT and TTDT on the basis of structural, functional, and/or physical chemical similarity. TEHT and two other trimellitates were identified as analogues for this read-across analysis. As a conservative approach, the critical effect levels from TEHT, which has a shorter alkyl chain, are used for the risk characterization of the longer chain BTIT and TTDT.

The general population of Canada may be exposed to one or more of the trimellitates from dust and from the use of products available to consumers, including cosmetics. A comparison of estimated levels of exposure to the trimellitates and critical effect levels results in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases.

On the basis of the information presented in this screening assessment, it is concluded that TEHT, BTIT and TTDT do not meet the criteria under paragraph 64(c) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Overall conclusion

It is concluded that TEHT, BTIT and TTDT do not meet any of the criteria set out under section 64 of CEPA.

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

DEPARTMENT OF HEALTH

TOBACCO AND VAPING PRODUCTS ACT

Notice of intent — Potential measures to reduce the impact of vaping product advertising on youth and non-users of tobacco products

This notice offers interested parties the opportunity to provide comments on regulatory measures under consideration to reduce the impact of vaping product advertising on youth and non-users of tobacco products under the authority of the Tobacco and Vaping Products Act (TVPA).

Background

Tobacco use is the leading preventable cause of disease and premature death in Canada. It is a known or probable cause of more than 40 debilitating and often fatal diseases of the lungs, heart, and other organs, and is responsible for the loss of over 45 000 lives every year in Canada. Direct health care costs are estimated at 16.2 billion dollars annually. Nicotine is a highly addictive substance, particularly among adolescents, and is the principal basis for tobacco dependence. It is also implicated in adverse effects in cognitive function and development in adolescents.

The TVPA, which came into effect in 2018, merges the provisions of the former Tobacco Act with new provisions that regulate the manufacture, sale, labelling and promotion of vaping products. The TVPA and its regulations are one of the main tools to advance the Government’s strategy to protect the health of Canadians from tobacco-related death and disease and prevent vaping product use from leading to the use of tobacco products by young persons and non-users of tobacco products.

The TVPA limits the promotion of vaping products and vaping product-related brand elements by prohibiting advertising that could be appealing to young persons and lifestyle advertising. The TVPA also prohibits certain types of promotion, including promotion of vaping products by means of sponsorship promotion, through testimonials or endorsements and through flavour descriptors that are appealing to youth. Vaping product advertising that is not prohibited under the TVPA can be further restricted by regulations.

The Public Health Consequences of E-Cigarettes (2018) report, prepared by the U.S. National Academies of Sciences, Engineering, and Medicine, offers two conclusions that are of particular significance in supporting the need to further protect youth and non-tobacco users: (1) there is substantial evidence that the use of an e-cigarette (a type of vaping product) results in symptoms of dependence, and (2) there is substantial evidence that e-cigarette use increases the risk of ever using combustible tobacco cigarettes among youth and young adults.

The Canadian Student Tobacco, Alcohol and Drugs Survey (CSTADS) results from 2016–2017 indicate that 15% of students in grades 10 to 12 (Secondary IV and V in Quebec) used a vaping product in the past 30 days, up from 9% in 2014–2015. This represents a 64% increase, or roughly 30% per year. Preliminary results from the International Tobacco Control Youth Tobacco and Vaping Survey suggest that there has been an increase in the proportion of 16- to 19-year-old Canadians who have tried vaping in the last 30 days between September 2017 and September 2018. It appears that the rate of youth uptake is rapidly accelerating. Similar observations were noted in the United States, where the use of vaping products in the past 30 days rose from 12% in 2017 to 21% in 2018 (a 78% increase) among high school students.

Health Canada is very concerned that the recent introduction of vaping products with high nicotine content and the reported marked increase in youth experimentation and uptake of vaping are threatening Canada’s hard-earned gains in tobacco control. Stricter regulatory measures are needed to protect youth and non-users of tobacco products from inducements to use vaping products. An objective of the TVPA with respect to vaping products is to “prevent vaping product use from leading to the use of tobacco products by young persons and non-users of tobacco products.” While Health Canada is proposing measures to support this objective, the Department also aims to help smokers make informed choices for their health, recognizing that vaping is a less harmful option than cigarettes for those who completely switch.

This notice provides details on the regulatory measures under consideration to further limit vaping product advertising in order to reduce the impact of advertising on youth and non-users of tobacco products. These measures are put forward in an environment where certain provinces have enacted legislation to restrict advertising of vaping products, including, in some cases, restrictions on advertising in outdoor spaces and at retail locations. However, as of January 2019, Alberta, Saskatchewan, Nunavut, Yukon and the Northwest Territories have no legislation in place to restrict the advertising of vaping products.

Regulatory measures under consideration
A. Placement of advertisements

Health Canada is proposing to limit where advertisements can be placed.

  1. Points of sale: Vaping product advertisements would not be permitted at any point of sale where youth are allowed access, including online. However, signs that indicate the availability and price of vaping products could be displayed under certain conditions. As well, catalogues or pamphlets that provide information on the brands of vaping products available would be allowed at any point of sale, provided that they are not publicly displayed and are only made available to an adult customer upon request. These restrictions would not apply at points of sale where youth do not have access (e.g. a vape shop that does not allow youth on its premises or on its website), as long as the advertising material cannot be seen from the outside of these places.
  2. Public places: Vaping product advertisements (e.g. signs) would not be permitted in certain public places where youth have access, such as shopping malls, recreation, arts and cultural facilities, parks, in public transit vehicles and stations, billboards and other outdoor physical supports for commercial advertising.
  3. Broadcast media: Vaping product advertisements would not be permitted in broadcast media during or adjacent to (within 30 minutes before or after) all children’s and youth-oriented programming at all times of day and night and on all channels.
  4. Publications: Advertisements of vaping products would not be permitted in children’s and youth-oriented publications. This would include electronic publications such as websites and social media platforms.
B. Content of advertisements

In order to enhance public awareness of the health hazards of using vaping products, Health Canada is considering requiring that advertisements include a health warning. The content, format, size and the manner of display of the health warning would be prescribed by regulations.

This requirement would apply to all advertisements.

The following statement is an example of a health warning that would be required to be displayed on an advertisement for a vaping product that contains nicotine or that is intended to be used with a vaping liquid that contains nicotine:

Vaping products contain nicotine. Nicotine is highly addictive. Vaping products also release chemicals that can harm your health.
Youth and adult non-smokers should not vape.
Health Canada

The following statement is an example of a health warning that would be required to be displayed on an advertisement for a vaping product that does not contain nicotine and is never sold in a version that contains nicotine:

Vaping products release chemicals that can harm your health.
Youth and adult non-smokers should not vape.
Health Canada

In both instances, attribution of the health warning to Health Canada would be optional.

Another measure under consideration is to restrict the visual content of advertisements to only text and illustrations or images of the vaping product or its package.

Where the advertisement only has an audio content, the applicable health warning would have to be read.

C. Other forms of retail promotion

Health Canada is considering measures to restrict the display of vaping products at points of sale. Such restrictions would not apply at points of sale where youth do not have access (e.g. a vape shop that does not allow youth on its premises or that blocks access to its website to youth), as long as the products cannot be seen from the outside of these places.

Submitting comments

Canada is a Party to the World Health Organization Framework Convention on Tobacco Control. Article 5.3 of the Convention requires that Parties, in setting and implementing their public health policies with respect to tobacco control, protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law. Therefore, the Government of Canada takes measures to limit interactions with the tobacco industry to only those necessary to effectively regulate the industry and the products it sells.

You must declare any perceived or actual conflicts of interest with the tobacco industry when providing input to this consultation. If you are part of the tobacco industry, an affiliated organization or an individual acting on their behalf, you must clearly state so in your submission.

We are also interested in being made aware of perceived or actual conflicts of interest with the vaping and/or pharmaceutical industry. Therefore, we request that you please declare this, if applicable, when providing input. If you are a member of the vaping and/or pharmaceutical industry, an affiliated organization or an individual acting on their behalf, you are asked to clearly state so in your submission.

Please do not include any personal information when providing feedback to Health Canada. The Department will not be retaining your email address or contact information when receiving your feedback and will only retain the comments you provide.

The comment period to provide feedback on this notice ends on March 22, 2019. There will be further opportunities to provide comments throughout the federal regulatory process. Comments received in response to this notice will be used to inform the development of proposed regulations to limit vaping product promotion.

Stakeholders and interested parties are requested to provide their comments to the Manager, Regulations Division, Tobacco Products Regulatory Office, Tobacco Control Directorate, Controlled Substances and Cannabis Branch, Health Canada, Address Locator: 0301A, 150 Tunney’s Pasture Driveway, Ottawa, Ontario K1A 0K9 or in electronic format (Microsoft Word or Adobe Acrobat) to hc.pregs.sc@canada.ca.

James Van Loon
Director General
Tobacco Control Directorate
Controlled Substances and Cannabis Branch

DEPARTMENT OF JUSTICE

STATUTES REPEAL ACT

List of repeals

Notice is given, pursuant to section 4 of the Statutes Repeal Act, chapter 20 of the Statutes of Canada, 2008, that the following provisions were repealed on December 31, 2018, by the operation of section 3 of that Act.

February 4, 2019

David Lametti
Minister of Justice and Attorney General of Canada

SCHEDULE

  1. Amendments and Corrections Act, 2003, S.C. 2004, c. 16, sections 10 to 17 and 25 to 27
  2. An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54, subsection 1(1), section 29, subsection 140(1), sections 168 and 213, subsection 214(1), sections 241 and 324, subsection 368(1) and section 394
  3. Budget Implementation Act, 2008, S.C. 2008, c. 28, section 160

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-001-19 — Release of RSS-130, issue 2; RSS-196, issue 2; SRSP-300.512, issue 2; and SRSP-518, issue 2

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

These standards set out the certification, licensing and technical requirements for the radio apparatus operating in the above-mentioned bands for the efficient use of these bands.

The documents will come into force upon their publication on the official publications section of the Spectrum Management and Telecommunications website.

General information

The radio equipment standards lists will be amended accordingly.

Submitting comments

Interested parties are requested to provide their comments within 90 days of the date of publication of this notice using the online General Inquiry form. Comments and suggestions for improving the RSS may be submitted online using the Standard Change Request form. Comments regarding SRSP-300.512 or SRSP-518 may be submitted by email to the Spectrum Engineering Group.

Obtaining copies

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

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

February 1, 2019

Martin Proulx
Director General
Engineering, Planning and Standards Branch

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

Chief Administrator

Administrative Tribunals Support Service of Canada

 

Chairperson

Asia-Pacific Foundation of Canada

 

Director

Asia-Pacific Foundation of Canada

February 19, 2019

Director

Canada Council for the Arts

 

Chairperson

Canada Development Investment Corporation

 

Director

Canada Development Investment Corporation

March 4, 2019

Chairperson

Canada Foundation for Sustainable Development Technology

 

Chairperson and Vice-Chairperson

Canada Industrial Relations Board

 

Director

Canada Infrastructure Bank

February 18, 2019

Chairperson

Canada Lands Company Limited

 

President and Chief Executive Officer

Canada Lands Company Limited

 

Chairperson (joint federal Governor in Council and provincial Lieutenant Governor appointment)

Canada–Newfoundland and Labrador Offshore Petroleum Board

 

President and Chief Executive Officer

Canada Post Corporation

 

Chairperson

Canada Science and Technology Museum

 

Vice-Chairperson

Canada Science and Technology Museum

 

President and Chief Executive Officer

Canadian Commercial Corporation

 

Chairperson

Canadian Dairy Commission

 

Chairperson, Vice-Chairperson and Director

Canadian Energy Regulator

 

Lead Commissioner, Deputy Lead Commissioner and Commissioner

Canadian Energy Regulator

 

Chairperson

Canadian Institutes of Health Research

 

Vice-Chairperson

Canadian Museum of Nature

 

Regional Member (Quebec)

Canadian Radio-television and Telecommunications Commission

 

Chairperson and Member

Canadian Statistics Advisory Council

 

President (Chief Executive Officer)

Canadian Tourism Commission

 

President and Chief Executive Officer

Defense Construction (1951) Limited

 

Chairperson

Farm Credit Canada

 

President and Chief Executive Officer

Farm Credit Canada

 

Vice-Chairperson

Farm Products Council of Canada

 

Chairperson

The Federal Bridge Corporation Limited

 

Commissioner

Financial Consumer Agency of Canada

 

Chairperson

First Nations Financial Management Board

 

Chief Commissioner

First Nations Tax Commission

 

Deputy Chief Commissioner

First Nations Tax Commission

 

Director

Freshwater Fish Marketing Corporation

 

Director (Federal)

Hamilton Port Authority

 

Member

International Authority

 

Commissioner and Chairperson

International Joint Commission

 

Member (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

Vice-Chairperson

Invest in Canada Hub

 

Chief Executive Officer

The Jacques Cartier and Champlain Bridges Incorporated

 

Librarian and Archivist of Canada

Library and Archives of Canada

 

President and Chief Executive Officer

Marine Atlantic Inc.

 

Vice-Chairperson

National Arts Centre Corporation

 

Member

National Capital Commission

 

Government Film Commissioner

National Film Board

 

Director

National Gallery of Canada

 

Chairperson

National Research Council of Canada

 

President

Natural Sciences and Engineering Research Council of Canada

 

Canadian Ombudsperson

Office of the Canadian Ombudsperson for Responsible Enterprise

 

Commissioner of Competition

Office of the Commissioner of Competition

 

Ombudsperson

Office of the Ombudsperson for National Defence and Canadian Forces

 

Director (Federal)

Oshawa Port Authority

 

Chairperson

Pacific Pilotage Authority

 

Chief Executive Officer

Parks Canada

 

Vice-Chairperson and Member

Patented Medicine Prices Review Board

 

Member

Payment in Lieu of Taxes Dispute Advisory Panel

 

Chairperson and Vice-Chairperson

Royal Canadian Mounted Police External Review Committee

 

Principal

Royal Military College of Canada

 

Chairperson

Telefilm Canada

 

Member (Marine and Medical)

Transportation Appeal Tribunal of Canada

 

President and Chief Executive Officer

VIA Rail Canada Inc.