Canada Gazette, Part I, Volume 152, Number 40: GOVERNMENT NOTICES

October 6, 2018

DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT

Notice of intent to proceed with amendments to Part XII of the Canada Occupational Health and Safety Regulations

The Department of Employment and Social Development (the Department) intends to proceed with amendments to Part XII of the Canada Occupational Health and Safety Regulations (the COHSR) to address a number of issues, including outdated references to health and safety standards and requirements, the misalignment of federal requirements under Part XII with those under the other parts of the COHSR, the Canada Labour Code (the Code) and provincial laws, and a lack of clarity in the regulatory text.

The Minister of Labour intends to recommend to the Governor in Council to amend Part XII of the COHSR to address these issues, and to publish the final amended regulations in Part II of the Canada Gazette in the spring of 2019.

The COHSR were made pursuant to Part II of the Code. The purpose of Part II of the Code is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment in federally regulated industries. Where it is not feasible to eliminate a health or safety hazard in the workplace, Part XII of the COHSR prescribes safety material, equipment, devices and clothing that must be used by employees to protect their health and safety. It also describes the types of equipment that must be provided by employers and must be used by employees while performing work at the workplace.

A Part XII Working Group, with representatives of employers, employees, and governmental officials, conducted a review of Part XII of the COHSR between 2008 and 2012 and identified a number of issues. To address these issues and to better protect the health and safety of workers, the proposed Regulations Amending the Canada Occupational Health and Safety Regulations (the proposed Amendments), which presented proposed amendments to Part XII of the COHSR, were published in Part I of the Canada Gazette on March 18, 2017. During the 30-day public consultation period following this publication, the Department received 134 comments from 21 stakeholders. While most comments were minor, seeking clarification, some require further analysis.

Summary of comments received during the public consultation period

Minimum height at which a fall-protection system is required: Some stakeholders were concerned that an increase in the minimum height at which a fall-protection system is required, from the currently prescribed 2.4 m to the proposed 3 m, would reduce the protection of workers from falling, and would therefore increase the risk of injuries.

Control zone: Some stakeholders consider a control zone as a warning that provides a visual and physical reminder of the presence of a fall hazard, but not as a fall-protection system. Therefore, a control zone would not be described as providing protection to workers by restraining or arresting them from falling. In addition, it was pointed out that other Canadian jurisdictions require a minimum width of 2 m for a control zone, rather than the Department's proposed 3 m. Stakeholders were also concerned that the addition of a control zone would apply to other federal occupational health and safety regulations, such as the Maritime Occupational Health and Safety Regulations. This addition could increase workers' exposure to fall hazards in certain workplaces.

Minimum total load capacity of an anchorage connector for a fall-restraint system: Stakeholders objected that the proposed 8 kilonewtons be the minimum total load capacity of an anchorage connector for a fall-restraint system. This proposal reportedly did not align with either requirements in other Canadian jurisdictions or the recommendation made by the Part XII Working Group.

Accommodation for workers who are religious regarding wearing certain protection equipment: Representatives of religious groups raised concern that wearing certain protective equipment could prevent workers from practising their religion. Therefore, they asked that a provision be added prescribing that employers have a duty to accommodate such employees.

The Department is committed to protecting the health and safety of workers in the federal jurisdiction. As more than 18 months have passed since the initial publication of the proposed Amendments, the Department issues this notice to provide a summary of the major comments it received during the public consultation period, and to inform stakeholders of its intent to proceed with the final Amendments.

Questions regarding this notice of intent can be addressed to

Isabelle Teolis
Senior Policy Analyst
Workplace Directorate
Labour Program
Employment and Social Development Canada
165 De l'Hôtel-de-Ville Street
Place du Portage, Phase II
Gatineau, Quebec
K1A 0J2
Telephone: 819-654-2609
Email: isabelle.teolis@labour-travail.gc.ca

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of 39 base oils specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas 38 of the 39 substances identified in Annex II below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on 1 substance pursuant to paragraphs 68(b) and (c) of the Act and on 38 substances pursuant to section 74 of the Act is annexed hereby;

Whereas it is proposed to conclude 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 at this time under section 77 of the Act for the 38 substances identified under subsection 73(1) of the Act.

Notice is further given that the ministers propose to take no further action on the other substance at this time.

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 I

Summary of the draft screening assessment of 39 base oils

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 39 base oils as identified in Annex II. Substances in this group were identified as priorities for assessment as they met the categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns.

Base oils are complex combinations of hydrocarbons produced by the vacuum distillation of residues originating from the atmospheric distillation of crude oil. They are considered to be of unknown or variable composition, complex reaction products or biological material (UVCBs) and are related to the petroleum sector. Base oils are composed of normal and branched alkanes (paraffins), cycloalkanes (naphthenes), and aromatics, primarily in the carbon range of C15 to C50. Base oils are identified by Chemical Abstracts Service Registry Numbers (CAS RN footnote 1), which are based only on the last refining processing step undertaken to produce the base oil and do not describe the entire process history of the substance (i.e. number of processing steps) nor the severity (or intensity) of each processing step, which determines the degree of removal of various components considered to be undesirable in the final product (e.g. aromatics, normal alkanes [i.e. waxes], heterocyclics, and sulphur). Thus, the composition of a specific substance in terms of the proportion of aromatics, paraffins and naphthenes cannot be ascertained on the basis of the CAS RN alone; two base oils with the same CAS RN may vary significantly in their compositions with regard to the proportion of aliphatics and aromatics. On the basis of available safety data sheets, the aromatic content of base oils can range from less than 10% by weight (wt%) to approximately 45 wt%, depending on the extent and severity of refinement.

Base oils may be consumed on site at a refinery, blended into substances that leave the site with different CAS RNs, or be transported by truck or train to other petroleum or non-petroleum sector facilities for use as feedstocks or to be blended with other feedstocks, resulting in a new CAS RN. Of the 39 base oils identified as priorities for assessment, 27 were identified as being used industrially and/or present in products available to consumers, including in lubricants, transformer oils, automotive care products, processing aids (including extender oils for rubber-based products), printing inks, fuels and solvents, paints and coatings, soaps and detergents, adhesives and sealants, cosmetics, household cleaning products, lawn and garden care products, and building products.

The aromatic content of the base oils used in many industrial applications is unknown; therefore, aromatic contents ranging from 10 to 45% by weight were considered in the ecological assessment. Empirical toxicity data for base oils of unknown aromatic content indicate low hazard; however, modelled toxicity values for high aromatic base oils suggest they may be hazardous to aquatic organisms.

Four industrial uses of base oils were identified as having the highest potential for release to the environment: manufacture of lubricants; use in the treatment of wastewater; use in the pulp and paper industry; and release from inks during de-inking operations. Environmental concentrations in the aquatic environment following wastewater treatment associated with releases from these uses were estimated and compared to modelled predicted no effect concentrations on the basis of the predicted composition of base oil in the effluent. In addition, the concentration of base oils in soils following the application of biosolids from wastewater treatment facilities to soil were compared to predicted no effect concentrations for soil organisms. On the basis of these comparisons, base oils are expected to pose a low risk of harm to aquatic and soil organisms. Sediment studies on aliphatic petroleum substances support a determination of low toxicity to sediment organisms for low aromatic base oils; however, it is uncertain how applicable the base oil toxicity test results are to high aromatic base oils.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from base oils. It is proposed to conclude that the 39 base oils 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.

A critical health effect for the initial categorization of base oils was carcinogenicity, based primarily on classifications by international agencies. On the basis of the likelihood that base oils contain polycyclic aromatic hydrocarbons (PAHs), the European Commission classifies 38 of the 39 base oils CAS RNs as either Category 1A ("known to have carcinogenic potential for humans"; 9 substances) or 1B ("Substances presumed to have carcinogenic potential for humans"; 29 substances). One of the base oils (CAS RN 68782-97-8) was not identified under subsection 73(1) of CEPA but was included in the assessment as it was considered a priority on the basis of human health concerns. However, the European Commission considers the Category 1B substances not carcinogenic if they are refined to contain less than 3% aromatics. The International Agency for Research on Cancer concluded there is no evidence for the carcinogenicity in laboratory animals for base oils that meet this standard.

Base oils used as ingredients in products available to consumers are typically refined to contain a low level of PAHs. On the basis of testing of Canadian base oil products, only residual to low levels (low parts per billion to low parts per million [ppm]) of PAHs were found. Converting all 16 PAHs into benzo[a]pyrene (B[a]P) equivalents resulted in an equivalent B[a]P level that was lower than the European Union individual PAH limits for rubber and soft plastic toys and children's articles (0.5 ppm) and also lower than allowed as residuals in food grade petrolatum (1 ppm). Therefore, the base oils used to formulate products available to the consumer examined in this assessment are not considered to be carcinogenic.

In studies of acute and repeated dermal dosing, and short-term oral dosing in laboratory studies, refined base oils and related substances exhibit low toxicity, even at high doses. Therefore, non-cancer risk to human health from intermittent, oral and dermal exposure to products containing base oils available to consumers is considered to be low. Given their high viscosity and low volatility, inhalation exposure to base oils is not expected. Exposure to base oils via environmental media is not expected.

On the basis of the information presented in this draft screening assessment, it is proposed to conclude that the 39 base oils 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 proposed to conclude that the 39 base oils do not meet any of the criteria set out in section 64 of CEPA.

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

Annex II

Chemical Abstracts Service Registry Number (CAS RN) and Domestic Substances List (DSL) name of priority base oils
CAS RN DSL name
64741-50-0 Distillates (petroleum), light paraffinic
64741-51-1 Distillates (petroleum), heavy paraffinic
64741-52-2 Distillates (petroleum), light naphthenic
64741-53-3 Distillates (petroleum), heavy naphthenic
64741-76-0 Distillates (petroleum), heavy hydrocracked
64741-88-4 Distillates (petroleum), solvent-refined heavy paraffinic
64741-89-5 Distillates (petroleum), solvent-refined light paraffinic
64741-95-3 Residual oils (petroleum), solvent deasphalted
64741-96-4 Distillates (petroleum), solvent-refined heavy naphthenic
64741-97-5 Distillates (petroleum), solvent-refined light naphthenic
64742-01-4 Residual oils (petroleum), solvent-refined
64742-18-3 Distillates (petroleum), acid-treated heavy naphthenic
64742-19-4 Distillates (petroleum), acid-treated light naphthenic
64742-21-8 Distillates (petroleum), acid-treated light paraffinic
64742-34-3 Distillates (petroleum), chemically neutralized heavy naphthenic
64742-35-4 Distillates (petroleum), chemically neutralized light naphthenic
64742-36-5 Distillates (petroleum), clay-treated heavy paraffinic
64742-41-2 Residual oils (petroleum), clay-treated
64742-44-5 Distillates (petroleum), clay-treated heavy naphthenic
64742-52-5 Distillates (petroleum), hydrotreated heavy naphthenic
64742-53-6 Distillates (petroleum), hydrotreated light naphthenic
64742-54-7 Distillates (petroleum), hydrotreated heavy paraffinic
64742-55-8 Distillates (petroleum), hydrotreated light paraffinic
64742-56-9 Distillates (petroleum), solvent-dewaxed light paraffinic
64742-57-0 Residual oils (petroleum), hydrotreated
64742-62-7 Residual oils (petroleum), solvent-dewaxed
64742-63-8 Distillates (petroleum), solvent-dewaxed heavy naphthenic
64742-64-9 Distillates (petroleum), solvent-dewaxed light naphthenic
64742-65-0 Distillates (petroleum), solvent-dewaxed heavy paraffinic
64742-67-2 Foots oil (petroleum)
64742-68-3 Naphthenic oils (petroleum), catalytic dewaxed heavy
64742-76-3 Naphthenic oils (petroleum), complex dewaxed light
68782-97-8note a Distillates (petroleum), hydrofined lubricating-oil
72623-85-9 Lubricating oils (petroleum), C20-50, hydrotreated neutral oil-based, high-viscosity
72623-86-0 Lubricating oils (petroleum), C15-30, hydrotreated neutral oil-based
72623-87-1 Lubricating oils (petroleum), C20-50, hydrotreated neutral oil-based
74869-22-0 Lubricating oils
93763-38-3 Hydrocarbons, hydrocracked paraffinic distn. residues, solvent-dewaxed
93924-32-4 Foots oil (petroleum), clay-treated

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointment

Name and position

Instrument of Advice dated September 14, 2018

Holland, Mark

Queen's Privy Council for Canada

Member

September 26, 2018

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments
Name and position Order in Council
Antonyshyn, David 2018-1166
Deputy Director of Public Prosecutions  
Bodurtha, John 2018-1082
Supreme Court of Nova Scotia  
Judge  
Nova Scotia Court of Appeal  
Judge ex officio  
Butler, The Hon. G. Bruce 2018-1065
Court of Appeal for British Columbia  
Justice of Appeal  
Court of Appeal of Yukon  
Judge  
Canadian International Trade Tribunal  
Permanent members  
Beckett, Cheryl 2018-1152
Bujold, Georges 2018-1154
Heggart, Randolph William 2018-1153
Cann, Gregory A., Q.C. 2018-1083
Supreme Court of Prince Edward Island  
Judge  
Court of Appeal of Prince Edward Island  
Judge ex officio  
Copyright Board  
Part-time member  
Porcin, Adriane 2018-1092
Vice-Chairman  
Théberge, Nathalie 2018-1091
footnote * Fry, The Hon. Deborah E. 2018-1086
Chief Justice of the Court of Appeal of Newfoundland and Labrador with the style and title of Chief Justice of Newfoundland and Labrador  
and  
Judge ex officio of the Supreme Court of Newfoundland and Labrador  
Hamilton, The Hon. Stephen W. 2018-1077
Court of Appeal in and for the Province of Quebec  
Puisne judge  
Hardy, Éric 2018-1080
Superior Court for the district of Québec, in and for the Province of Quebec  
Puisne Judge  
Harvison Young, The Hon. Alison 2018-1070
Court of Appeal for Ontario  
Justice of Appeal  
Superior Court of Justice in and for the Province of Ontario  
Judge ex officio  
Kraus, Michael, Q.C. 2018-1068
Court of Queen's Bench of Alberta  
Justice  
Court of Appeal of Alberta  
Judge ex officio  
Leurer, The Hon. Robert 2018-1171
Court of Appeal for Saskatchewan  
Judge of Appeal  
Her Majesty's Court of Queen's Bench for Saskatchewan  
Judge ex officio  
Mitchell, Graeme, Q.C. 2018-1172
Her Majesty's Court of Queen's Bench for Saskatchewan  
Judge  
Parole Board of Canada  
Full-time member  
LeBlanc, Marc Francis 2018-1146
Part-time member  
Paquet, Dianne E. 2018-1147
Rivoalen, The Hon. Marianne 2018-1170
Federal Court of Appeal  
Judge  
Federal Court  
Judge ex officio  
Simonsen, The Hon. Karen I. 2018-1069
Court of Appeal for Manitoba  
Judge of Appeal  
Superior Court for the district of Montréal, in and for the Province of Quebec  
Puisne Judges  
Lussier, Sylvain 2018-1078
Pelletier, Nathalie 2018-1081
Synnott, Bernard 2018-1079
Superior Court of Justice in and for the Province of Ontario  
Judges  
Court of Appeal for Ontario  
Judges ex officio  
Davies, Breese 2018-1076
Dennison, Nancy L. 2018-1074
Fowler Byrne, Judy A. 2018-1072
Kumaranayake, Suranganie 2018-1075
Roberts, Gillian E. 2018-1073
Supreme Court of British Columbia  
Judges  
Giaschi, Christopher J. 2018-1066
Horsman, Karen 2018-1067
Tobin, The Hon. Barry M. 2018-1071
Superior Court of Justice in and for the Province of Ontario, a member of the Family Court branch  
Judge  
Court of Appeal for Ontario  
Judge ex officio  

September 26, 2018

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senators called

Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada bearing the date of September 24, 2018:

September 26, 2018

Diane Bélanger
Official Documents Registrar

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 Foundation for Sustainable Development Technology  
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  
Chairperson Canadian Institutes of Health Research  
Member Canadian Institutes of Health Research  
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  
President and Chief Executive Officer Export Development Canada  
Chief Executive Officer The Federal Bridge Corporation Limited  
Commissioner Financial Consumer Agency of Canada  
Director (Federal) Hamilton Port Authority  
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  
Chairperson National Research Council of Canada  
Commissioner of Competition Office of the Commissioner of Competition  
Ombudsperson Office of the Ombudsperson for National Defence and Canadian Forces  
Superintendent Office of the Superintendent of Bankruptcy Canada  
Veterans' Ombudsman Office of the Veterans' Ombudsman  
Director (Federal) Oshawa Port Authority  
Master of the Mint Royal Canadian Mint  
Usher of the Black Rod Senate  
Member Social Security Tribunal of Canada October 15, 2018
Chairperson Telefilm Canada  
Member (Marine and Medical) Transportation Appeal Tribunal of Canada  
President and Chief Executive Officer VIA Rail Canada Inc.