Canada Gazette, Part I, Volume 155, Number 26: GOVERNMENT NOTICES
June 26, 2021
DEPARTMENT OF CROWN-INDIGENOUS RELATIONS AND NORTHERN AFFAIRS
MAA-NULTH FIRST NATIONS FINAL AGREEMENT
Addition of lands
In accordance with 1.14.13 of the Maa-nulth First Nations Final Agreement (the “Final Agreement”), notice is hereby given that, pursuant to 2.10.25 of the Final Agreement, the parcel of land legally described as PID No. 029-005-451 Lot 1 District Lot 357 Clayoquot District Plan EPP21850 (“Lot 1”) became Maa-nulth First Nation Lands of the Uchucklesaht Tribe as of November 21, 2018, the requirements set out in 2.10.23 and 2.10.24 of the Final Agreement having been met. Lot 1 was formerly part of Parcel A, (DD 157974I), District Lot 357, Constance Mineral Claim, Clayoquot District 000-064-106, shown on Appendix F-3, Part 3 Fee Simple Lands, Plan 1 of the Final Agreement (Map of Potential Additions to Maa-nulth First Nation Lands of Uchucklesaht Tribe). Consequently, pursuant to 2.10.25 of the Final Agreement, Appendix B-4, Part 2(a) Green Cove, Plan 9 of the Final Agreement (Maa-nulth First Nation Lands of Uchucklesaht Tribe) is deemed to be amended to reflect the addition of Lot 1 to the Maa-nulth First Nation Lands of the Uchucklesaht Tribe.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of supplemental material after draft screening assessment of zinc and its compounds, including those specified on the Domestic Substances List and those identified for further consideration following prioritization of the Revised In Commerce List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)
Whereas 64 substances identified in Annex II below are substances identified under subsection 73(1) of the Act, and 11 substances identified in the annex below are substances identified for further consideration following prioritization of the Revised In Commerce List;
Whereas the summary of the additional risk characterization conducted on zinc and its compounds in support of the draft screening assessment pursuant to paragraphs 68(b) and (c) or section 74 of the Act is annexed hereby;
Notice therefore is hereby given that the Minister of the Environment may use the supplemental material in the additional risk characterization document to inform the final screening assessment of zinc and its compounds and any subsequent risk management, if needed.
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 scientific considerations presented in the additional risk characterization document. 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 addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by email to email@example.com or by 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.
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
Summary of the Additional Risk Characterization Document
A draft of the screening assessment for zinc and its compounds was published June 29, 2019.
This document contains additional information to support the finalization of the screening assessment of zinc and its compounds and includes data identified or generated since the publication of the draft screening assessment.
The scope of this additional risk characterization document is limited to assessing potential ecological concerns from releases of zinc from pulp, paper, and paperboard mills in Canada. During the development of the draft screening assessment for zinc and its compounds, limited data on the releases of zinc to the environment from this sector were available. The data and analysis herein have been published to provide the opportunity for public comment on the new information prior to it being considered in the final screening assessment of zinc and its compounds, and if appropriate, the corresponding risk management approach document.
Zinc is a naturally occurring substance and is an essential element to plants and other forms of life. Zinc may be present in the organic matter feedstock used in pulp and paper processes, fuel sources (e.g., waste-derived fuels, gases, and oils) used in pulp and paper mills, or in substances used in pulp and paper processes (bleaching, fillers, additives, brighteners, etc.).
There were no responses to Notices issued under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA) for the import or manufacture of any surveyed zinc-containing substance associated with the North American Industrial Classification System (NAICS) Code 3221 (Pulp, paper, and paperboard mills). There were, however, responses that zinc-containing substances are found in paper products, mixtures or manufactured items.
Predicted environmental concentrations for surface water derived from effluent quality monitoring data were found to exceed the predicted no-effect concentrations at certain pulp and paper mills.
On the basis of the information available, a limited number of pulp and paper mills had elevated risk quotients, indicating the potential for ecological harm from zinc.
The supplemental materials for these substances are available on the Canada.ca (Chemical Substances) website.
|CAS RN||DSL or R-ICL Name||Inventory/Priority|
|127-82-2||Benzenesulfonic acid, 4-hydroxy-, zinc salt (2:1)||DSL|
|136-23-2||Zinc, bis(dibutylcarbamodithioato-S,S’)-, (T-4)-||DSL|
|136-53-8||Hexanoic acid, 2-ethyl-, zinc salt||DSL|
|155-04-4||2(3H)-Benzothiazolethione, zinc salt||DSL|
|546-46-3||1,2,3-Propanetricarboxylic acid, 2-hydroxy-, zinc salt (2:3)||R-ICL|
|556-38-7||Pentanoic acid, zinc salt (2:1)||R-ICL|
|557-05-1||Octadecanoic acid, zinc salt||DSL|
|557-07-3||9-Octadecenoic acid (Z)-, zinc salt||DSL|
|557-08-4||10-Undecenoic acid, zinc salt||DSL|
|557-34-6||Acetic acid, zinc salt||DSL|
|1314-13-2||Zinc oxide (ZnO)||DSL|
|1314-22-3||Zinc peroxide (Zn(O2))||DSL|
|1314-84-7||Zinc phosphide (Zn3P2)||R-ICL|
|1314-98-3||Zinc sulfide (ZnS)||DSL|
|1345-05-7||C.I. Pigment White 5||DSL|
|2452-01-9||Dodecanoic acid, zinc salt||DSL|
|3486-35-9||Carbonic acid, zinc salt (1:1)||DSL|
|36393-20-1||Zincate(2-), bis[L-aspartato(2-)-.kappa.N,.kappa.O1]-, dihydrogen, (T-4)-||R-ICL|
|4259-15-8||Zinc, bis[O,O-bis(2-ethylhexyl) phosphorodithioato-S,S’]-, (T-4)-||DSL|
|5970-45-6||Acetic acid, zinc salt, dihydrate||DSL|
|7446-19-7||Sulfuric acid, zinc salt (1:1), monohydrate||DSL|
|7446-20-0||Sulfuric acid, zinc salt (1:1), heptahydrate||DSL|
|7446-26-6||Diphosphoric acid, zinc salt (1:2)||DSL|
|7646-85-7||Zinc chloride (ZnCl2)||DSL|
|7733-02-0||Sulfuric acid, zinc salt (1:1)||DSL|
|7779-88-6||Nitric acid, zinc salt||DSL|
|7779-90-0||Phosphoric acid, zinc salt (2:3)||DSL|
|8011-96-9||Calamine (pharmaceutical preparation)||DSL|
|8048-07-5||C.I. Pigment Yellow 35||DSL|
|10139-47-6||Zinc iodide (ZnI2)||R-ICL|
|11103-86-9||Chromate(1-), hydroxyoctaoxodizincatedi-, potassium||DSL|
|12001-85-3||Naphthenic acids, zinc salts||DSL|
|12442-27-2||Cadmium zinc sulfide ((Cd,Zn)S)||DSL|
|13189-00-9||2-Propenoic acid, 2-methyl-, zinc salt||DSL|
|13463-41-7||Zinc, bis(1-hydroxy-2(1H)-pyridinethionato-O,S)-, (T-4)-||DSL|
|13530-65-9||Chromic acid (H2CrO4), zinc salt (1:1)||DSL|
|13598-37-3||Phosphoric acid, zinc salt (2:1)||DSL|
|14324-55-1||Zinc, bis(diethylcarbamodithioato-S,S’)-, (T-4)-||DSL|
|14726-36-4||Zinc, bis[bis(phenylmethyl)carbamodithioato-S,S’]-, (T-4)-||DSL|
|15337-18-5||Zinc, bis(dipentylcarbamodithioato-S,S’)-, (T-4)-||DSL|
|15454-75-8||Zinc, bis(5-oxo-L-prolinato-.kappa.N1,.kappa.O2)-, (T-4)-||R-ICL|
|16260-27-8||Tetradecanoic acid, zinc salt||DSL|
|16283-36-6||Zinc, bis(2-hydroxybenzoato-O1,O2)-, (T-4)-||DSL|
|16871-71-9||Silicate(2-), hexafluoro-, zinc (1:1)||DSL|
|17949-65-4||Zinc, bis(2-pyridinecarboxylato-.kappa.N1,.kappa.O2-, (T-4)-||R-ICL|
|19210-06-1||Phosphorodithioic acid, zinc salt||DSL|
|20427-58-1||Zinc hydroxide (Zn(OH)2)||DSL|
|24308-84-7||Benzenesulfinic acid, zinc salt||DSL|
|24887-06-7||Zinc, bis(hydroxymethanesulfinato-OS,O1)-, (T-4)-||DSL|
|27253-29-8||Neodecanoic acid, zinc salt||DSL|
|28016-00-4||Naphthalenesulfonic acid, dinonyl-, zinc salt||DSL|
|28629-66-5||Zinc, bis(O,O-diisooctyl phosphorodithioato-S,S’)-||DSL|
|37300-23-5||C.I. Pigment Yellow 36||DSL|
|38714-47-5||Zinc(2++), tetraammine-, (T-4)-, carbonate (1:1)||DSL|
|40861-29-8||Carbonic acid, ammonium zinc salt (2:2:1)||DSL|
|49663-84-5||Zinc chromate hydroxide (Zn5(CrO4)(OH)8)||DSL|
|50922-29-7||Chromium zinc oxide||DSL|
|61617-00-3||2H-Benzimidazole-2-thione, 1,3-dihydro-4(or 5)-methyl-, zinc salt (2:1)||DSL|
|68457-79-4||Phosphorodithioic acid, mixed O,O-bis(iso-Bu and pentyl) esters, zinc salts||DSL|
|68611-70-1||Zinc sulfide (ZnS), copper chloride-doped||DSL|
|68649-42-3||Phosphorodithioic acid, O,O-di-C1-14-alkyl esters, zinc salts||DSL|
|68784-31-6||Phosphorodithioic acid, mixed O,O-bis(sec-Bu and 1,3-dimethylbutyl) esters, zinc salts||DSL|
|68918-69-4||Petrolatum (petroleum), oxidized, zinc salt||DSL|
|68988-45-4||Phosphorodithioic acid, mixed O,O-bis(2-ethylhexyl and iso-Bu and pentyl) esters, zinc salts||DSL|
|73398-89-7||Xanthylium, 3,6-bis(diethylamino)-9-[2-(methoxycarbonyl)phenyl]-, (T-4)-tetrachlorozincate(2-) (2:1)||DSL|
|84605-29-8||Phosphorodithioic acid, mixed O,O-bis(1,3-dimethylbutyl and iso-Pr) esters, zinc salts||DSL|
|85940-28-9||Phosphorodithioic acid, mixed O,O-bis(2-ethylhexyl and iso-Bu and iso-Pr) esters, zinc salts||DSL|
|102868-96-2||Zinc, bis[N-(acetyl-.kappa.O)-L-methioninato-.kappa.O]-, (T-4)-||R-ICL|
|113706-15-3||Phosphorodithioic acid, mixed O,O-bis(sec-Bu and isooctyl) esters, zinc salts||DSL|
|1434719-44-4||Protein hydrolyzates, Saccharomyces cerevisiae zinc complexes||R-ICL|
DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of coal tars and their distillates specified on the Domestic Substances List (paragraphs 68(b) and 68(c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas three of the six substances identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the screening assessment conducted on three substances pursuant to paragraphs 68(b) and 68(c) of the Act and on three substances pursuant to section 74 of the Act is annexed hereby;
Whereas data obtained on these six substances were used to assess the risk from all coal tars and their distillates as defined in the screening assessment;
And whereas it is concluded that coal tars and their distillates, including the six substances identified in the Annex, meet one or more of the criteria set out in section 64 of the Act;
And whereas distillates refer to substances produced through the coal tar distillation process and includes coal tar pitch;
Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to His Excellency the Administrator in Council that coal tars and their distillates be added to Schedule 1 to the Act;
Notice is furthermore given that the ministers are releasing a proposed risk management approach document for coal tars and their distillates on the Canada.ca (Chemical Substances) website to continue discussions with stakeholders on the manner in which the ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance.
Public comment period on the risk management approach
Any person may, within 60 days after publication of the proposed risk management approach document, file with the Minister of the Environment written comments on the proposed risk management approach document. More information regarding the proposed risk management approach 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 addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by email to firstname.lastname@example.org or by 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.
Minister of the Environment
Minister of Health
Summary of the Screening Assessment of Coal Tars and their Distillates
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 six substances referred to collectively as coal tars and their distillates. These six 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 considerations. Data obtained on these six coal tars and their distillates were used to assess the risk from all coal tars and their distillates. The conclusions of this assessment are therefore considered to cover all coal tars and their distillates, including the six substances listed in the table below.footnote 1
|CAS RNfootnote 1||Domestic Substances List name|
|65996-82-9 table a2 note a||Tar oils, coal|
|65996-91-0 table a2 note a||Distillates (coal tar), upper|
|65996-90-9||Tar, coal, low-temperature|
|65996-89-6 table a2 note a||Tar, coal, high-temperature|
|65996-93-2||Pitch, coal tar, high-temperature|
Table a2 note(s)
Coal tars are the condensation products obtained by cooling, to approximately ambient temperature, the gases evolved in the destructive distillation (pyrolysis) of coal. This process occurs at integrated steel mills, with the resulting coal tars often delineated by the pyrolysis temperature (low or high). Coal tar distillates are various boiling point fractions derived from the distillation of coal tars at a coal tar refinery and include both the fractions obtained from the distillation tower and the residue (pitch) that remains following distillation. Coal tars and their distillates are considered to be substances of unknown or variable composition, complex reaction products or biological materials (UVCBs). They are complex mixtures of hydrocarbons (mainly aromatic), phenolics, and heterocyclic oxygen, sulphur and nitrogen compounds.
Coal tar is used as a feedstock in the production of coal-tar-based products, such as oils, creosote, naphthalene, carbon black and coal tar pitch. Following further refinements, coal tar is also an active ingredient present in human and veterinary drugs (therapeutic products), primarily in the form of shampoos used to treat skin conditions, such as psoriasis, eczema and seborrheic dermatitis.
Coal tar oils and upper distillates are used in industrial applications, such as a feedstock for carbon black and chemical manufacturing. Coal tar pitch is primarily used as a binder in anodes and electrodes, particularly in the aluminum industry, but may also be used as an adhesive/binder in clay pigeons and briquettes to strengthen and impregnate refractories for lining industrial furnaces and in pavement sealants and roofing systems. An estimated 165 to 220 kilotonnes (kt) of coal tar are produced annually in Canada. From this, about 82 to 100 kt of coal tar pitch and an unknown quantity of coal tar oils and coal tar upper distillates are produced.
Coal tars and their distillates may be released to air from activities associated with their production, transportation and storage, as well as to water and soil from product use and disposal. The results of toxicity studies conducted using coal tar products and coal-tar-based pavement sealants indicate that exposure to these products in the environment can lead to adverse effects in organisms. Adverse effects are attributed mainly, but not exclusively, to polycyclic aromatic hydrocarbons (PAHs) present as components in the coal tar substances. For this reason, PAHs have been considered in evaluating the ecological risk of coal tars and their distillates.
PAHs present as major coal tar components demonstrate acute and chronic toxicity to aquatic and terrestrial organisms and, based on this, these substances are considered to present a high hazard to the environment. A comparison of predicted PAH concentrations deposited to soil resulting from the release of PAHs into air at a coal tar refining facility, with no-effect toxicity levels taken from the Canadian Soil Quality Guidelines, determined that PAH concentrations in soil in the vicinity of such facilities have the potential to exceed levels causing adverse effects in organisms. Releases of coal-tar-related PAHs from the same refinery to water are not likely to be causing ecological harm as concentrations are expected to be below the Canadian Water Quality Guidelines. In addition, releases of coal tar substances to water from the application and use of coal-tar-based pavement sealants have the potential to exceed levels that elicit adverse effects in aquatic organisms based on estimated releases of PAHs from these products.
Considering all available lines of evidence presented in this screening assessment, there is a risk of harm to the environment from coal tars and their distillates. It is concluded that coal tars and their distillates meet the criteria under paragraph 64(a) of CEPA as they are entering or may enter 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. However, it is concluded that coal tars and their distillates do not meet the criteria under paragraph 64(b) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger to the environment on which life depends.
With respect to human health, PAHs and benzene are regarded as high-hazard components present in coal tar substances. There may be exposure to these high-hazard volatile constituents of coal tars and their distillates to the general population living in the vicinity of coal tar producers and refineries. The margins of exposure between estimates of exposure to benzene and estimates of cancer potency previously developed for inhalation exposure to benzene are considered potentially inadequate to address uncertainties related to health effects and exposure databases. Additionally, the margins of exposure for the ingestion of house dust containing PAHs associated with the use of coal-tar-based sealants and estimates of cancer potency are considered potentially inadequate to address uncertainties related to health effects and exposure databases.
On the basis of the information presented in this screening assessment, it is concluded that coal tars and their distillates meet the criteria under paragraph 64(c) of CEPA, as they are entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
It is therefore concluded that all coal tars and their distillates, including the six substances listed in the table above, meet one or more of the criteria set out in section 64 of CEPA.
The screening assessment and the risk management approach document for coal tars and their distillates are available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF HEALTH
HAZARDOUS MATERIALS INFORMATION REVIEW ACT
Filing of claims for exemption
A supplier can file a claim for exemption under the Hazardous Materials Information Review Act (HMIRA) with Health Canada from having to disclose information under the Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR) that they consider to be confidential business information (CBI) on a safety data sheet (SDS) or label associated with a hazardous product.
An employer can also file a claim for exemption under the HMIRA with Health Canada from having to disclose information under the Canada Labour Code or the provisions of the Accord Act that they consider to be CBI on a SDS or label associated with a hazardous product.
Notice is hereby given of the filing of claims for exemption under the HMIRA listed in the table below.
|Claimant||Product identifier||Subject of the claim for exemption||Registry number|
|Afton Chemical Corporation||HiTEC® 34003 Performance Additive||C.i. of one ingredient||03410345|
|Afton Chemical Corporation||HiTEC® 6431 Fuel Additive||C.i. of one ingredient||03410346|
|Afton Chemical Corporation||HiTEC® 3421 Performance Additive||C.i. of one ingredient||03410347|
|Solenis Canada ULC||PERGABASE BROWN 43 L NA||C.i. of one ingredient||03410348|
|DuBois Chemicals Canada Inc.||Envirobind DCT2||C.i. and C. of two ingredients||03410349|
|Chevron Oronite Company LLC||OLOA 9725XV||C.i. of one ingredient||03411146|
|Afton Chemical Corporation||HiTEC® 6406 Fuel Additive||C.i. of two ingredients||03411323|
|King Industries, Inc.||NA-SUL® CA/W1146||C.i. and C. of two ingredients, C. of one ingredient||03411342|
|Canadian Energy Services||WRXSOL-NANOFLSH-IC||C.i. and C. of four ingredients||03411408|
|ChampionX Canada ULC||RNIQ04510A||C.i. and C. of four ingredients||03411777|
|ChampionX Canada ULC||RNIQ04518A||C.i. and C. of three ingredients||03411778|
|Baker Hughes Canada Company||FORSA™ SRW6950 SCALE REMOVER||C.i. and C. of one ingredient, C. of one ingredient||03411912|
|Ingevity Corporation||PC-2502||C.i. and C. of three ingredients||03411913|
|Ingevity Corporation||INDULIN W-1 SOLUTION||C.i. and C. of one ingredient||03412014|
|Baker Hughes Canada Company||CHEMBINE™ WCW1428 COMBINATION PRODUCT||C.i. of six ingredients||03412317|
|Baker Hughes Canada Company||FULLSWEET HSS1003||C.i. of two ingredients||03412318|
|Baker Hughes Canada Company||FULLSWEET HSS1005||C.i. of two ingredients||03412319|
|Baker Hughes Canada Company||RE34440PAO PARAFFIN INHIBITOR||C.i. of two ingredients||03412432|
Note: C.i. = chemical identity and C. = concentration
Workplace Hazardous Materials Bureau
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch
DEPARTMENT OF HEALTH
PEST CONTROL PRODUCTS ACT
Interim Order Respecting Ultraviolet Radiation-emitting Devices and Ozone-generating Devices
Whereas the Minister of Health believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment;
Therefore, the Minister of Health, pursuant to subsection 67.1(1)footnote a of the Pest Control Products Actfootnote b, makes the annexed Interim Order Respecting Ultraviolet Radiation-emitting Devices and Ozone-generating Devices.
Ottawa, June 7, 2021
Minister of Health
Interim Order Respecting Ultraviolet Radiation-emitting Devices and Ozone-generating Devices
1 (1) The following definitions apply in this Interim Order.
- means the Pest Control Products Regulations. (Règlement)
- ultraviolet radiation-emitting device
- means a device that is manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens, or to reduce their levels — other than in swimming pools, spas or wastewater treatment systems — by means of ultraviolet radiation. (dispositif à rayonnement ultraviolet)
Words and expressions
(2) Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Regulations.
2 Despite paragraph 3(1)(a) of the Regulations, a device of a type described in item 7 of Schedule 1 to the Regulations is exempt from the application of the Act if
- (a) it meets the definition device in section 2 of the Food and Drugs Act; and
- (b) it is classified as a Class II, III or IV medical device under the Medical Devices Regulations.
3 Despite paragraphs 3(1)(d) and (e) of the Regulations, a device of a type described in item 7 of Schedule 1 to the Regulations is not exempt from the application of the Act.
Non-application — section 30 of Regulations
4 Section 30 of the Regulations does not apply to the label of a device of a type described in item 7 of Schedule 1 to the Regulations.
Ultraviolet Radiation-emitting Devices
Exemption from registration
5 An ultraviolet radiation-emitting device is exempt from the application of subsection 6(1) of the Act if the following conditions are met:
- (a) the device is certified by a standards development organization accredited by the Standards Council of Canada as meeting the applicable Canadian electrical safety requirements;
- (b) the certification mark of the standards development organization appears on the label of the device;
- (c) any efficacy claim that is made in respect of the device is only a claim of supplemental sanitization;
- (d) no express or implied reference to prevention, treatment or mitigation of disease is made in respect of the device;
- (e) the device has at least one of the following mechanisms:
- (i) a mechanism that locks the device during operation, or
- (ii) a mechanism that automatically shuts off the device if it is opened during operation; and
- (f) the ultraviolet lamp is fully shielded or enclosed in the device in a manner that prevents access to it by users of the device and prevents exposure to ultraviolet radiation.
Principal display panel and operating manual
6 The principal display panel and, if any, the operating manual of an ultraviolet radiation-emitting device that is exempt from registration must show the following information:
- (a) the intended use of the device;
- (b) if the device is to be distributed primarily to the general public for personal use in or around their homes, the statement “KEEP OUT OF THE REACH OF CHILDREN”;
- (c) the statement “READ THE LABEL AND ANY OPERATING MANUAL BEFORE USING”; and
- (d) the name, postal address, telephone number and email address of a contact person in Canada to which public inquiries may be directed.
Secondary display panel and operating manual
7 The secondary display panel and, if any, the operating manual of an ultraviolet radiation-emitting device that is exempt from registration must show the following information:
- (a) under the heading “PRECAUTIONS”, the following statements:
- (i) “WARNING – UV radiation emitted from this device.”,
- (ii) “Unintended use of the device, or damage to the housing, may result in exposure to ultraviolet radiation.”,
- (iii) “Ultraviolet radiation may cause eye and skin irritation.”, and
- (iv) “Avoid exposing eyes and skin to ultraviolet radiation.”;
- (b) under the heading “DIRECTIONS FOR USE”, the directions for the use of the device, including how to operate the device and any limitations on its use;
- (c) the statement “The use of this device is a supplement to and not a substitute for standard infection control practices; users must continue to follow all current infection control practices, including those related to the cleaning and disinfection of environmental surfaces.”;
- (d) information that identifies any risks to health or the environment associated with the handling, storage, display, distribution, use and disposal of the device and instructions on procedures to reduce those risks; and
- (e) under the heading “FIRST AID INSTRUCTIONS”, instructions that set out the practical measures to be taken in the event of injury caused by the device.
Schedule 1 to the Regulations
Deeming — Schedule 1 to Regulations
8 Schedule 1 to the Regulations is deemed to include the following after item 6:
7 Devices that are manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens, or to reduce their levels — other than in swimming pools, spas or wastewater treatment systems — by means of ultraviolet radiation or ozone.
Application of subsections 6(1) and (3) of Pest Control Products Act
9 During the period beginning on the day on which this Interim Order is made and ending on the 30th day after that day, a device that is of a type described in item 7 of Schedule 1 to the Regulations is exempt from the application of subsections 6(1) and (3) of the Act.
(This note is not part of the Order)
The Interim Order Respecting Ultraviolet Radiation-emitting Devices and Ozone-generating Devices (the IO), was made by the Minister of Health on June 7, 2021. The IO brings certain ultraviolet radiation- emitting (referred to in this note as “UV”) and ozone-generating devices under the Pest Control Products Act (PCPA). These devices are marketed to control or kill bacteria, viruses including SARS-CoV-2 (the coronavirus that causes COVID-19 disease), and other microorganisms on surfaces, on objects, in water or in air.
Under the IO, certain UV and ozone-generating devices are subject to safety and efficacy assessments, and must be registered prior to entering the Canadian market. It exempts certain UV devices from registration (i.e., meaning it is authorized for sale and use without the need for registration) if they meet certain conditions.
The Minister may make an interim order under subsection 67.1(1) of the PCPA if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment. The IO will remain in effect for 14 days, in accordance with paragraph 67.1(2)(a) of the PCPA, unless it is approved by the Administrator of the Government of Canada in Council, in which case it would remain in effect for up to one year.
The objective of the IO is to protect the health and safety of Canadians by providing appropriate oversight of UV and ozone-generating devices.
UV and ozone-generating devices that make claims to control or kill bacteria and viruses on surfaces, objects, in water, and in the air are widely and increasingly available for sale in Canada during the pandemic. Thousands of these devices are being sold for use predominantly in domestic dwellings, including UV wands and UV cleaners (e.g., represented and sold to disinfect or sanitize toys, bags, or cellphones). Based on a preliminary search of e-commerce sites, over 2 000 UV devices marketed to sanitize cellphones and over 550 UV devices marketed to sanitize toys are available to purchase online from a single retailer. The availability of these devices was precipitated by the pandemic. The marketplace also includes devices that emit ultraviolet radiation (e.g., represented and sold to disinfect small to large rooms) and ozone-generating devices intended to treat surfaces, air within an enclosed space, or water (e.g., in humidifiers or as a cleaning solution).
To date, Health Canada has not yet received sufficient evidence to demonstrate that they can be used safely or that they work as claimed.
Regulatory authorities, such as Health Canada and the U.S. Food and Drug Administration, continue to advise the public that the effectiveness of these devices in inactivating SARS-CoV-2 is unknown. For UV devices, there is limited published data about the wavelength, dose, and duration of the radiation required to inactivate this virus, which now also includes variants. Because some of these UV devices are used by the general public, there is a risk of exposure through high dose or prolonged low dose use. Exposure to these devices can result in serious eye disorders (e.g., cataracts), severe skin burns, and skin cancer. The Canadian Centre for Occupational Health and Safety (CCOHS) also reports similar adverse health effects due to exposure to ultraviolet radiation. The World Health Organization International Agency for Research on Cancer has classified ultraviolet A, B, and C as probably carcinogenic to humans. Similarly, the U.S. Environmental Protection Agency and other organizations have found that inhaling ozone can lead to decreased lung function, irritation of respiratory pathways, and inflammation of pulmonary tissues as well as irreversible lung damage leading to higher susceptibility of respiratory infections, which is very serious given the respiratory effects associated from exposure to this virus.
The health effects of both ultraviolet radiation and ozone have been well-characterized. However, Canadians may not realize that they have been putting themselves at risk, and that their symptoms are related to the use of such devices. This is because the acute effects associated with exposure to ultraviolet radiation and ozone can easily be attributed to other causes, and chronic health effects take time to manifest.
Due to health and safety concerns and the current availability of these devices on the market, on November 18, 2020, Health Canada published an advisory warning Canadians about the risks of using UV lights and wands that make unproven claims to kill SARS-CoV-2. Health Canada advises Canadians to stop using UV lights and wands that claim to disinfect against the virus that causes COVID-19 especially if the product is for use on the skin.
The Minister of Health's primary mandate under the PCPA is to prevent unacceptable risks to human health and the environment from the use of pest control products. Currently, there is a gap in regulating these devices and as the pandemic continues more Canadians may rely on unsafe and unproven products, with the belief that they are protecting themselves from COVID-19 while they may, in fact, be inadvertently putting themselves at risk. The IO allows immediate action to protect Canadians and address the significant risks described above.
Under the IO, certain devices that are manufactured, represented, distributed or used to control, destroy or inactivate viruses, bacteria or other micro-organisms that are human pathogens, or to reduce their levels — other than in swimming pools, spas or wastewater treatment systems — by means of ultraviolet radiation or ozone, are subject to regulation under the PCPA. The IO provides an exemption from the application of the PCPA to Class II, III, and IV medical devices regulated under the Food and Drugs Act Medical Devices Regulations.
By bringing certain UV and ozone-generating devices under the PCPA, they need to be registered or otherwise authorized in order to be on the Canadian market. An application to register a pest control product must be submitted to Health Canada in the form and manner directed by the Minister and must include any information and other material that is required by the Pest Control Products Regulations to accompany the application. Applications to register devices consist of a number of information and data requirements, including a cover letter stating the purpose of the application, an application and fee estimate forms, the proposed English and French product labels, as well as data to support the safety and efficacy of the device. A registration will be granted under the PCPA if the Minister considers that the health and environmental risks and the value of the device are acceptable after any required assessments.
The PCPA prohibits the manufacture, possession, distribution, importation, and use of a pest control product unless it is registered or otherwise authorized. It is a contravention of subsection 6(7) of the PCPA to package, label or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression regarding its character, value, quantity, composition, safety or registration.
A UV device is exempt from registration if it meets certain conditions, including: the device being certified to the applicable Canadian electrical safety requirements; the ultraviolet lamp is fully shielded or enclosed in the device in a manner that prevents access to it by users of the device and prevents exposure to ultraviolet radiation; and only claims of supplemental sanitization (e.g., this UV device helps reduce microorganisms on surfaces, and this UV device helps reduce the spread of viruses in the air) can be made in respect of the device. UV devices that meet the conditions are considered to have acceptable risk and value and therefore, they are exempt from registration.
UV devices that are exempt from registration must meet the label requirements for the principal and secondary display panels and the operating manual. These label requirements include a number of precautionary statements, directions for use, and information about a contact in Canada for inquiries.
Stakeholders will have a 30 day transition period after the IO is made before having to comply with its requirements. A transition period of 30 days balances the immediate need to protect Canadians and the need to provide stakeholders some time to take necessary steps to comply with the IO (e.g., removing from the market devices that have unproven claims or devices that do not meet electrical safety requirements).
Fees associated with assessing applications are set out in the Pest Control Products Fees and Charges Regulations. It is estimated that it would cost applicants approximately $2 200 to process an application for UV or ozone-generating devices; however, additional fees may apply if a preliminary assessment of a device determines that further information is required to support the application.
UV and ozone-generating devices, including authorized devices that are manufactured, imported, distributed or used, will be subject to risk-based compliance verification following the transition period and subject to enforcement actions where non-compliance is confirmed. These enforcement actions may include: warning letters; detention and seizure of products; compliance orders under the PCPA; and notices of violation with warning or monetary penalty under the Agriculture and Agri-Food Administrative Monetary Penalties Act. Health Canada will continue to conduct compliance promotion with regulated parties to increase their awareness and understanding of these new requirements.
In 2018, Health Canada published a regulatory pre-consultation discussion paper (PRO2018-02, Pre-Consultation — Proposed Regulatory Amendments to the Pest Control Products Regulations (Pest Control Devices). This paper proposed amendments to regulate pest control devices, including UV and ozone-generating devices. Health Canada also hosted a stakeholder webinar on the proposal following the publication of the paper. No concerns relating to regulatory and administrative burden were received. Six stakeholders submitted comments seeking clarification regarding the conditions for exemption from registration. Comments provided through engagement opportunities have been considered in the development of conditions for exemption from registration.
Health Canada's Pest Management Regulatory Agency (PMRA) has taken various steps to keep stakeholders and the public informed. For instance, on April 30, 2021, a Notice of Intent was published to inform stakeholders and Canadians of Health Canada's intent to regulate UV and ozone-generating devices. To date, stakeholders have sought clarification of the scope of the IO, requirements for registration, and conditions for exemption. No concerns were raised. In addition, on May 12, 2021, PMRA published a Questions and Answers (Q&As) document providing stakeholders and the public information, including the requirements and conditions for exemptions that were being considered and devices that would be subject to the IO. Health Canada will continue to conduct compliance promotion activities to increase awareness of the new requirements.
Please direct all questions and inquiries to:
Policy and Operations Directorate
Pest Management Regulatory Agency
2720 Riverside Drive
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Review of listed entities pursuant to section 83.05 of the Criminal Code
Whereas subsection 83.05(8.1)footnote c of the Criminal Codefootnote d requires the Minister of Public Safety and Emergency Preparedness to review the list established by the Regulations Establishing a List of Entitiesfootnote e, made pursuant to subsection 83.05(1)footnote f of that Act, within five years after the day on which subsection 83.05(8.1)footnote a comes into force in order to determine whether there are still reasonable grounds, as set out in subsection 83.05(1)footnote d, for an entity to remain a listed entity;
And whereas, pursuant to subsection 83.05(8.1)footnote a of that Act, that Minister has carried out the review of each of the listed entities set out in the annexed schedule;
Therefore, notice is given, pursuant to subsection 83.05(10)footnote a of the Criminal Code footnote b, that the Minister of Public Safety and Emergency Preparedness completed the review of each of the listed entities set out in the annexed schedule on June 4, 2021 and that, as a result of that review, the Minister has determined that there are still reasonable grounds, as set out in subsection 83.05(1)footnote d of that Act, for each entity to remain a listed entity.
Ottawa, June 17, 2021
William Sterling Blair
Minister of Public Safety and Emergency Preparedness
Listed Entities Reviewed by the Minister
Al Qaida (also known among other names as Al Jihad (AJ), Egyptian Islamic Jihad (EIJ), Vanguards of Conquest (VOC), Islamic Army, Islamic Salvation Foundation, The Base, Group for the Preservation of the Holy Sites, Islamic Army for the Liberation of the Holy Places, World Islamic Front for Jihad Against Jews and Crusaders, Usama Bin Ladin Network, Usama Bin Ladin Organization and Qa'idat al-Jihad)
Asbat Al-Ansar (AAA) (“The League of Partisans”) (also known among other names as God's Partisans, Gathering of Supporters, Partisan's League, Osbat Al Ansar, Usbat Al Ansar, Esbat Al-Ansar, Isbat Al Ansar, Usbat-ul-Ansar, Band of Helpers, Band of Partisans and League of the Followers)
Euskadi Ta Askatasuna (ETA) (also known among other names as Basque Homeland and Liberty, Euzkadi Ta Azkatasuna, Euzkadi Ta Askatasuna, Basque Nation and Liberty, Basque Fatherland and Liberty and Basque Homeland and Freedom)
Hamas (Harakat Al-Muqawama Al-Islamiya) (“Islamic Resistance Movement”)
Hizballah (also known among other names as Hizbullah, Hizbollah, Hezbollah, Hezballah, Hizbu'llah, The Party of God, Islamic Jihad (Islamic Holy War), Islamic Jihad Organization, Islamic Resistance, Islamic Jihad for the Liberation of Palestine, Ansar al-Allah (Followers of God/Partisans of God/God's Helpers), Ansarollah (Followers of God/Partisans of God/God's Helpers), Ansar Allah (Followers of God/Partisans of God/God's Helpers), Al-Muqawamah al-Islamiyyah (Islamic Resistance), Organization of the Oppressed, Organization of the Oppressed on Earth, Revolutionary Justice Organization, Organization of Right Against Wrong and Followers of the Prophet Muhammed)
Jaish-e-Mohammed (JeM) (also known among other names as Jaish-i-Mohammed (Mohammad, Muhammad, Muhammed), Jaish-e-Mohammad (Muhammed), Jaish-e-Mohammad Mujahideen E-Tanzeem, Jeish-e-Mahammed, Army of Mohammed, Mohammed's Army, Tehrik Ul-Furqaan, National Movement for the Restoration of Pakistani Sovereignty and Army of the Prophet)
Palestinian Islamic Jihad (PIJ) (also known among other names as Harakat al-Jihad al-Islami fi Filistin, Saraya Al-Quds (The Jerusalem Brigades), Al-Quds Brigades, Islamic Jihad, Palestine Islamic Jihad – Shaqaqi Faction, Palestinian Islamic Jihad – Shaqaqi, PIJ – Shaqaqi Faction, PIJ – Shallah Faction, Islamic Jihad of Palestine, Islamic Jihad in Palestine, Abu Ghunaym Squad of the Hizballah Bayt Al-Maqdis, Al-Quds Squads, Al-Awdah Brigades, Islamic Jihad Palestine (IJP), Islamic Jihad — Palestine Faction and Islamic Holy War)
Popular Front for the Liberation of Palestine (PFLP) (Al-Jibha al-Sha'biya lil-Tahrir Filistin) (also known among other names as Halhul Gang, Halhul Squad, Palestinian Popular Resistance Forces, PPRF, Red Eagle Gang, Red Eagle Group, Red Eagles and Abu Ali Mustafa Brigades)
Popular Front for the Liberation of Palestine — General Command (PFLP-GC) (Al-Jibha Sha'biya lil-Tahrir Filistin-al-Qadiya al-Ama)
PRIVY COUNCIL OFFICE
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.
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.
|Commissioner||British Columbia Treaty Commission|
|Member||Canada Council for the Arts|
|Vice-Chairperson||Canada Council for the Arts|
|President and Chief Executive Officer||Canada Development Investment Corporation|
|Commissioner for Employers||Canada Employment Insurance Commission|
|Director||Canada Infrastructure Bank|
|Director||Canada Mortgage and Housing Corporation|
|Member of the Board of Directors||Canada Post|
|Chairperson||Canada-Nova Scotia Offshore Petroleum Board|
|Member||Canadian Cultural Property Export Review Board|
|Chairperson||Canadian Dairy Commission|
|Chief Executive Officer||Canadian Dairy Commission|
|Accessibility Commissioner||Canadian Human Rights Commission|
|Federal Housing Advocate||Canadian Human Rights Commission|
|Chairperson||Canadian Human Rights Tribunal|
|Member||Canadian Institutes of Health Research|
|Director||Canadian Museum of History|
|Director||Canadian Race Relations Foundation|
|Director||Freshwater Fish Marketing Corporation|
|Member||Great Lakes Pilotage Authority Canada|
|Director (Federal)||Hamilton-Oshawa Port Authority|
|Governor||International Development Research Centre|
|Chairperson||Laurentian Pilotage Authority Canada|
|Chairperson||Military Police Complaints Commission of Canada|
|Member||Military Police Complaints Commission of Canada|
|Member||National Arts Centre Corporation|
|Member||National Research Council Canada|
|Member||National Seniors Council|
|Chief Accessibility Officer||Office of the Chief Accessibility Officer|
|Commissioner and Director||Office of the Commissioner of Indigenous Languages|
|Superintendent||Office of the Superintendent of Financial Institutions Canada|
|Member||Payments in Lieu of Taxes Dispute Advisory Panel|
|Director||Public Sector Pension Investment Board of Canada|
|Member||Public Service Pension Advisory Committee|
|Chairperson||Standards Council of Canada|
|Registrar||Supreme Court of Canada|
|Director (Federal)||Toronto Port Authority|
|Chairperson and Member||Transportation Appeal Tribunal of Canada|
|Vice-Chairperson||Transportation Appeal Tribunal of Canada|
|Director (Federal)||Trois-Rivières Port Authority|
|Chairperson||Windsor-Detroit Bridge Authority|
|Director||Windsor-Detroit Bridge Authority|