Canada Gazette, Part I, Volume 153, Number 28: GOVERNMENT NOTICES

July 13, 2019

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2019-87-08-02 Amending the Non-domestic Substances List

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

Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, makes the annexed Order 2019-87-08-02 Amending the Non-domestic Substances List.

Gatineau, June 18, 2019

Catherine McKenna
Minister of the Environment

Order 2019-87-08-02 Amending the Non-domestic Substances List

Amendment

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

42844-93-9

Coming into Force

2 This Order comes into force on the day on which Order 2019-87-08-01 Amending the Domestic Substances List comes into force.

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of three substances — phenol, dimethyl-, phosphate (3:1) [trixylyl phosphate], CAS RN footnote 2 25155-23-1, 9-octadecen-1-ol, (Z)-, phosphate (oleyl phosphate), CAS RN 37310-83-1, and phosphorous trichloride, reaction products with 1,1-biphenyl and 2,4-bis(1,1-dimethylethyl)phenol, CAS RN 119345-01-6 — specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas trixylyl phosphate and oleyl phosphate are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on the substance bearing CAS RN 119345-01-6 pursuant to paragraphs 68(b) and (c) of the Act and on trixylyl phosphate and oleyl phosphate pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6 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 at this time under section 77 of the Act for the two substances identified under subsection 73(1) of the Act.

Notice is further given that the ministers propose to take no further action on the substance bearing CAS RN 119345-01-6 at this time.

Notice is further given that options are being considered for follow-up activities to track changes in exposure to trixylyl phosphate.

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent 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. Comments can also be submitted to the Minister of the Environment using the online reporting system available through Environment and Climate Change Canada’s Single Window.

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

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of the Phosphoric Acid Derivatives Group

Pursuant to section 68 or 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 six substances referred to collectively under the Chemicals Management Plan as the Phosphoric Acid Derivatives Group. These three substances were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns. The three other substances were determined to be of low concern through other approaches, and proposed decisions for these substances are provided in a separate report. footnote 3 Accordingly, this screening assessment addresses the three substances listed in the table below, which are hereinafter referred to as the Phosphoric Acid Derivatives Group. The Chemical Abstracts Service Registry Numbers (CAS RNs), the Domestic Substances List (DSL) names and the common names of these substances are listed in the table below.

Substances in the Phosphoric Acid Derivatives Group

CAS RN

DSL name

Common name

25155-23-1

Phenol, dimethyl-, phosphate (3:1)

Trixylyl phosphate

37310-83-1 table 1 note a

9-Octadecen-1-ol, (Z)-, phosphate

Oleyl phosphate

119345-01-6 table 1 note a table 1 note b

Phosphorous trichloride, reaction products with 1,1-biphenyl and 2,4-bis(1,1-dimethylethyl)phenol

N/A

Abbreviation: N/A = not applicable

Table 1 note(s)

Table 1 note a

This substance is a UVCB (unknown or variable composition, complex reaction products, or biological materials).

Return to table 1 note a referrer

Table 1 note b

This substance was not identified under subsection 73(1) of CEPA but was included in this assessment as it was considered a priority on the basis of other human health concerns.

Return to table 1 note b referrer

The substances in the Phosphoric Acid Derivatives Group do not occur naturally in the environment. According to information reported in response to surveys conducted under section 71 of CEPA, trixylyl phosphate was not reported to be manufactured in Canada above the reporting threshold of 100 kg, but between 100 000 and 1 000 000 kg was imported into Canada in 2008. In 2011, no Canadian manufacturing or importing activities were reported for oleyl phosphate above the reporting threshold of 100 kg. The substance bearing CAS RN 119345-01-6 was reported to be imported into Canada in 2011 in quantities ranging from 10 000 to 100 000 kg but was not reported to be manufactured above the reporting threshold.

Reported uses of trixylyl phosphate in Canada include as a flame retardant, in lubricants and greases. Other potential uses of trixylyl phosphate include as food packaging materials, a plasticizer, in hydraulic fluids and for wire and cabling insulation. Oleyl phosphate is used in Canada in cosmetics such as permanent hair dye. The substance bearing CAS RN 119345-01-6 is used in plastic and rubber materials and may be used in food packaging materials.

The ecological risks of the substances in the Phosphoric Acid Derivatives Group were characterized using the ecological risk classification (ERC) of organic substances, which is a risk-based approach that employs multiple metrics for both hazard and exposure based on weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are established based principally on 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 based on their hazard and exposure profiles. Based on the outcome of the ERC analysis, trixylyl phosphate, oleyl phosphate, and the substance bearing CAS RN 119345-01-6 are considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6. It is proposed to conclude that trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6 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.

Trixylyl phosphate has been reviewed internationally by the European Union under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation and by the Australian National Industrial Chemicals Notification and Assessment Scheme (NICNAS); these evaluations informed the health effects characterization of trixylyl phosphate. Trixylyl phosphate is on the European Chemicals Agency (ECHA) List of Substances of Very High Concern for reproductive toxicity (ECHA 2013) and has been classified as a reproductive toxicant (H360F: “may damage fertility”). The available health effects information on trixylyl phosphate indicates that the critical effects are in reproductive organs (testes, epididymis, ovaries) and adrenal glands (decreased adrenal weights, vacuolation) in both sexes. The general population of Canada may be exposed to trixylyl phosphate through environmental media as a result of its presence in dust and through certain products available to consumers. A comparison of levels of trixylyl phosphate that Canadians may be exposed to in environmental media and through products available to consumers with levels associated with adverse effects results in margins that are considered adequate to address uncertainties in exposure and health effects data used to characterize risk.

Oleyl phosphate is considered to be of low hazard potential, and the risk to human health related to the presence of oleyl phosphate in cosmetics is considered to be low.

The available health effects information on the substance bearing CAS RN 119345-01-6 indicates developmental effects in laboratory studies. The predominant source of exposure to the substance bearing CAS RN 119345-01-6 for the general population is through the diet, primarily from its potential use in food packaging materials. A comparison of estimated levels of exposure to the substance bearing CAS RN 119345-01-6 and critical effect levels results in margins that are considered adequate to address uncertainties in exposure and health effects data used to characterize risk.

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6 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.

Proposed conclusion

It is therefore proposed to conclude that trixylyl phosphate, oleyl phosphate and the substance bearing CAS RN 119345-01-6 do not meet any of the criteria set out in section 64 of CEPA.

Consideration for follow-up

While exposure of the general population to trixylyl phosphate is not of concern at current levels, this substance is associated with human health effects of concern. Therefore, there may be concern for human health if exposure were to increase. Follow-up activities to track changes in exposure or commercial use patterns are under consideration.

Stakeholders are encouraged to provide, during the 60-day public comment period on the draft screening assessment, any information pertaining to this substance that may help inform the choice of follow-up activity. This could include information on new or planned import, manufacture or use of this substance, if the information has not previously been submitted to the ministers.

The draft screening assessment for this substance is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Final guidance on the use of quantitative microbial risk assessment in drinking water

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a final guidance on the use of quantitative microbial risk assessment in drinking water. The technical document for this guidance is available on the Water Quality website. This document underwent a public consultation period of 60 days in 2018 and was updated to take into consideration the comments received.

May 27, 2019

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Executive summary

Quantitative microbiological risk assessment (QMRA) is an approach that can be used by regulatory agencies and drinking water authorities to quantify the health risks from microorganisms in water sources. It follows a common approach that includes hazard identification, exposure assessment, dose-response assessment and risk characterization. QMRA can examine the entire drinking water system, from the source water to the consumer, to understand the potential impacts on public health. Health Canada has developed and uses a QMRA model to support the development of drinking water guidelines for enteric viruses and protozoa. The model can also be used as part of site-specific risk assessments at drinking water treatment facilities.

QMRA can be a very useful tool in support of water safety management decisions. A well-formulated and thoughtful QMRA can offer important information on prioritizing hazards, identifying alternative risk management priorities and options, selection of appropriate interventions, cost-benefit analysis of risk management actions and setting of health-based performance targets. It is important to remember that QMRA does not calculate actual disease outcomes, but provides a probability that disease may occur based on the water quality and treatment system information entered.

The intent of this document is to provide industry stakeholders, such as provincial and territorial regulatory authorities, decision makers, water system owners, and consultants with guidance on the use of QMRA to assist in understanding microbiological risks in Canadian water systems.

International considerations

Drinking water guidelines, standards and/or guidance from other national and international organizations may vary due to the age of the assessments as well as differing policies and approaches.

QMRA is increasingly being applied by international agencies and governments at all levels as the foundation for informed decision making about the health risks from pathogens in drinking water. The World Health Organization, the European Commission, the Netherlands, Australia and the United States have all made important advances in QMRA validation and methodology. These agencies and governments have adopted approaches that use QMRA to inform the development of health targets and risk management for microbiological contaminants.

DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Ottawa Chamber of Commerce

Notice is hereby given that Her Excellency the Governor General in Council, by Order in Council dated June 9, 2019, has been pleased to change the name of the Ottawa Chamber of Commerce to the Ottawa Board of Trade upon petition made therefor under section 39 of the Boards of Trade Act.

June 28, 2019

Ray Edwards
Director

For the Minister of Industry

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

St. John’s Port Authority — Supplementary letters patent

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for St. John’s 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 real property, other than federal real property, held or occupied by the Authority;

WHEREAS, pursuant to subsection 46(2.1) of the Act, the Authority wishes to acquire the real property described below;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent to set out the said real property in Schedule C of its 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 12th day of June, 2019.

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

Chief Administrator

Administrative Tribunals Support Service of Canada

 

Chairperson and Vice-Chairperson

Canada Industrial Relations Board

 

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

 

Board Member (Anticipatory)

Canadian Accessibility Standards Development Organization

 

Chairperson (Anticipatory)

Canadian Accessibility Standards Development Organization

 

Chief Executive Officer (Anticipatory)

Canadian Accessibility Standards Development Organization

 

Vice-Chairperson (Anticipatory)

Canadian Accessibility Standards Development Organization

 

Chairperson

Canadian Dairy Commission

 

Chairperson, Vice-Chairperson and Director

Canadian Energy Regulator

 

Chief Executive Officer

Canadian Energy Regulator

 

Lead Commissioner, Deputy Lead Commissioner and Commissioner

Canadian Energy Regulator

 

Pay Equity Commissioner

Canadian Human Rights Commission

 

Regional Member (British Columbia/Yukon)

Canadian Radio-television and Telecommunications Commission

 

President (Chief Executive Officer)

Canadian Tourism Commission

 

Chairperson

Farm Credit Canada

 

Member (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

Chief Accessibility Officer (Anticipatory)

Office of the Chief Accessibility Officer

 

Chief Executive Officer

Parks Canada

 

Commissioner

Public Service Commission

 

Member and Alternate Member

Renewable Resources Board (Gwich’in)

 

Member and Alternate Member

Renewable Resources Board (Sahtu)