Canada Gazette, Part I, Volume 156, Number 16: GOVERNMENT NOTICES

April 16, 2022

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions with respect to the submission of online applications for temporary resident visas and other documents due to reduced processing capacity during the COVID-19 (Coronavirus) pandemic

These Instructions are published in the Canada Gazette, in accordance with subsection 87.3(6) of the Immigration and Refugee Protection Act.

These Instructions are given, pursuant to section 87.3 and subsections 92(1.1) and (2), by the Minister of Citizenship and Immigration as, in the opinion of the Minister, these Instructions will best support the attainment of the immigration goals established by the Government of Canada.

These Instructions are consistent with the Immigration and Refugee Protection Act objectives, as laid out in section 3.

Authority for these Ministerial Instructions is pursuant to section 87.3 of the Immigration and Refugee Protection Act. Instructions are directed to officers who are charged with handling and/or reviewing certain applications for temporary resident visas, work permits and study permits, by establishing conditions that must be met before the processing of an application or request.

Considerations

Recognizing the declaration by the World Health Organization regarding the pandemic of COVID-19 (Coronavirus);

Recognizing how the related response measures have reduced Immigration, Refugees and Citizenship Canada’s capacity for processing applications, both in Canada and overseas;

Recognizing Immigration, Refugees and Citizenship Canada’s commitment to reducing inventories and processing times, including those that have been impacted by the pandemic, and that doing so requires measures that offer flexibility by allowing Immigration, Refugees and Citizenship Canada to continue to receive and redistribute applications where processing capacity exists; and

Noting that Canada’s immigration objectives, as laid out in section 3 of the Immigration and Refugee Protection Act, include the establishment of fair and efficient procedures to maintain the integrity of the Canadian immigration system.

Scope

These Instructions apply to new applications for temporary resident visas, work permits and study permits submitted to Immigration, Refugees and Citizenship Canada on or after the coming into force of these Instructions.

Applications submitted from outside Canada to be submitted by electronic means — Temporary residence

All applications for a temporary resident visa (including a transit visa), a work permit, or a study permit submitted by foreign nationals who are outside Canada at the time of application must be submitted using electronic means (apply online).

The following foreign nationals who are outside Canada and submitting applications for temporary resident visas, work permits, and study permits may submit these applications by any other means that is made available or specified by the Minister for that purpose:

Retention/Disposition

Applications received by Immigration, Refugees and Citizenship Canada on or after the coming into force of the Instructions that were not submitted by electronic means will not be accepted and processing fees will be returned, except in the case of foreign nationals who may submit an application by any other means that is made available or specified by the Minister for that purpose, in accordance with these Instructions.

Repeal

The following Instructions are repealed, effective March 31, 2022:

Ministerial Instructions 47 (MI47): Ministerial Instructions with respect to the submission of online applications for temporary resident visas and other documents due to reduced processing capacity during the COVID-19 (Coronavirus) pandemic, entered into force on September 1, 2021.

Effective date

These Instructions take effect on April 1, 2022, and expire on March 31, 2023.

Ottawa, March 29, 2022

The Hon. Sean Fraser, P.C., M.P.
Minister of Citizenship and Immigration

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to the availability of the draft updated Protocols and Performance Specifications for Continuous Monitoring of Gaseous Emissions from Thermal Power Generation and other sources

Under the provisions of the Canadian Environmental Protection Act, 1999 (CEPA), notice is hereby given that the Minister of Environment and Climate Change Canada (ECCC) makes available, to solicit public comments, the draft updated Protocols and Performance Specifications for Continuous Monitoring of Gaseous Emissions from Thermal Power Generation (EPS 1/PG/7, hereinafter PG/7).

The draft PG/7 and summary of the key changes are available, as of April 13, 2022, on the CEPA Environmental Registry of ECCC.

For context, ECCC originally introduced two Continuous Emission Monitoring System (CEMS) protocol documents for quantification of emissions from thermal power generation. One applies to SO2 and NOx and is referred to as PG/7; the other one applies to CO2 and is titled Reference Method for Source Testing: Quantification of Carbon Dioxide Releases by Continuous Emission Monitoring Systems from Thermal Power Generation (unofficially PG/8).

PG/7 was introduced in 1993 and updated in 2005, and it has recently been incorporated by reference in the Multi-Sector Air Pollutants Regulations. PG/8 was introduced in 2012 and was incorporated by reference to the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations, and to the Regulations Limiting Carbon Dioxide Emissions from Natural Gas-fired Generation of Electricity. In addition, the Greenhouse Gas Reporting Program (GHGRP) refers to PG/8 in its quantification requirements.

The majority of the PG/8 text is equivalent to PG/7. The key difference between the two protocol documents is that PG/8 has a separate section that allows the monitoring of O2 as proxy of CO2 emissions from the combustion of natural gas, oil, and coal.

Considering the above, and with the objective of reducing the regulatory burden on the industry, ECCC intends to merge the two protocol documents. The scope of the revision also includes expanding the applicability of PG/7 from thermal power generation to other stationary combustion sources. In essence, ECCC is opting to modify PG/7 through incorporation of the unique functionalities of PG/8, and subsequently rescinding PG/8. Note that the current versions of PG/7 and PG/8 will stay in effect in the regulatory context, until the newest version of the protocol document is incorporated into the respective regulations through regulatory amendments.

Therefore, the Minister of Environment and Climate Change Canada invites stakeholders, including Canadian citizens, to submit comments on the draft updated PG/7. Please email your comments on the updated PG/7 within 60 days after publication of this notice to the contact person below.

Contact

Karl Abraham
Acting Director
Electricity and Combustion Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: ECD-DEC@ec.gc.ca

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 21033

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in their possession in respect of the substance fatty acids, coco, hydrogenated, reaction products with 2-[(2-aminoethyl)amino]ethanol and sodium 2-chloroacetate (1:1), sodium salts, Chemical Abstracts Service (CAS) Registry Number 618104-39-5, under section 83 of the Canadian Environmental Protection Act, 1999;

Whereas the substance is not specified on the Domestic Substances List;

And whereas the ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of section 64 of the Act,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that Act applies with respect to the substance in accordance with the Annex.

The Honourable Steven Guilbeault
Minister of the Environment

ANNEX

Information requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in this notice:

“substance”
means fatty acids, coco, hydrogenated, reaction products with 2-[(2-aminoethyl)amino]ethanol and sodium 2-chloroacetate (1:1), sodium salts, CAS Registry Number 618104-39-5;
“cosmetic”
means a cosmetic as defined in section 2 of the Food and Drugs Act;
“rinse-off cosmetic”
means a cosmetic intended to be rinsed or washed off immediately after its application, and includes products such as body soap, shampoo, conditioner, hair dye, facial wash, facial cleanser, exfoliant, shaving cream, and hair removal cream;
“leave-on cosmetic”
means a cosmetic that is not meant to be rinsed or washed off immediately after its application and includes products such as hairstyling products, leave-on makeup, lotions, aftershave, perfume, moisturizer, makeup remover, sun tanning products, skin creams, oils, serums, baby powder, baby oil, baby salve, diaper cream and oral hygiene products;
“consumer product”
means a product to which the Canada Consumer Product Safety Act applies.

2. In relation to the substance, a significant new activity is

3. Despite section 2, a use of the substance is not a significant new activity if the substance is used

4. For each proposed significant new activity, the following information must be provided to the Minister of the Environment at least 90 days before the day on which the activity begins:

5. The tests referred to in paragraphs 4(g) and 4(h) must be conducted in accordance with the Principles of Good Laboratory Practice set out in Annex II of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted by the OECD on May 12, 1981, that are current at the time the tests are conducted.

6. The information provided under section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

Transitional provisions

7. Despite section 2, in the period between the date of publication of the present notice and April 15, 2023, a significant new activity is

8. For greater certainty, in respect of calendar year 2023, the quantity of substance that is used or distributed for sale before April 16 of that calendar year is not considered for the purposes of section 2.

EXPLANATORY NOTE

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

Description

This Significant New Activity (SNAc) Notice is a legal instrument adopted by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999 (the Act) to apply the SNAc provisions of that Act to the substance fatty acids, coco, hydrogenated, reaction products with 2-[(2-aminoethyl)amino]ethanol and sodium 2-chloroacetate (1:1), sodium salts, Chemical Abstracts Service (CAS) Registry Number 618104-39-5. The Notice is now in force and it has force of law. It is therefore mandatory for a person who intends to use the substance for a significant new activity as defined in the Notice to meet all the applicable requirements set out in the Notice.

A SNAc Notice does not constitute an endorsement from the Minister of the Environment, the Department of the Environment or the Government of Canada of the substance to which it relates, nor does it constitute an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

Applicability of the Significant New Activity Notice

The Notice requires that any person (individual or corporation) engaging in a significant new activity in relation to the substance fatty acids, coco, hydrogenated, reaction products with 2-[(2-aminoethyl)amino]ethanol and sodium 2-chloroacetate (1:1), sodium salts, CAS Registry Number 618104-39-5, submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Notice at least 90 days prior to using the substance for the significant new activity.

In order to address the human toxicity concerns, the Notice requires notification in relation to the use of the substance in the manufacture or distribution for sale of consumer products or cosmetics when the substance is present at specified threshold concentrations. For example, notification is required for leave-on cosmetics at any concentration and for rinse-off cosmetics and consumer products at a concentration greater than 2.6% by weight. Notification is also required in relation to the use of the substance in any cosmetic or consumer product where the concentration of ethanol, 2[(2-aminoethyl)amino]-, CAS Registry Number 111-41-1, is greater than or equal to 0.1% by weight in the substance.

A SNAN is required 90 days before the use of the substance in a significant new activity.

Activities not subject to the Notice

Uses of the substance that are regulated under the acts of Parliament listed in Schedule 2 of the Act, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act are excluded from the Notice. The Notice also does not apply to transient reaction intermediates, impurities, contaminants, partially unreacted materials, or in some circumstances to items such as, but not limited to, wastes, mixtures, or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the provisions of the Act. See subsection 81(6) and section 3 of the Act, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.

Activities involving the use of the substance as a research and development substance or a site-limited intermediate or an export-only product are excluded from the Notice. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers).

Information to be submitted

The Notice sets out the information that must be provided to the Minister 90 days before the day on which the substance fatty acids, coco, hydrogenated, reaction products with 2-[(2-aminoethyl)amino]ethanol and sodium 2-chloroacetate (1:1), sodium salts, CAS Registry Number 618104-39-5, is used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct risk assessments within 90 days after the complete information is received.

The assessment of the substance identified potential developmental toxicity concerns associated with the use of the substance in consumer products and cosmetics at specified threshold concentrations. The assessment also identified potential sensitization and reproductive and developmental toxicity concerns associated with ethanol, 2[(2-aminoethyl)amino]-, CAS Registry Number 111-41-1, above specified concentrations in the substance. The SNAc Notice is issued to gather toxicity information to ensure that the substance will undergo further assessment before a significant new activity is undertaken.

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

Additional guidance on preparing a SNAN can be found in section 1.3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Transitional provision

A transitional provision is included in the Notice to facilitate compliance by persons who may already have imported or manufactured the substance up to 1 000 kilograms and started activities with it in concentrations that exceed threshold limits as defined in the Notice. The Notice comes into force immediately. However, if the substance is used to manufacture or distribute for sale the following consumer products or cosmetics:

a threshold of more than or equal to 1 000 kilograms per calendar year applies for the period between the publication of the Notice and April 15, 2023. On April 16, 2023, the threshold will be lowered.

Compliance

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

Although an SDS is an important source of information on the composition of a product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to a SNAc notice due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If any information becomes available that reasonably supports the conclusion that the substance is toxic or capable of becoming toxic, the person who is in possession of or that has knowledge of the information and is involved in activities with the substance is obligated, under section 70 of the Act, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession or control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN submitted by the person from whom they obtained the substance.

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

A pre-notification consultation (PNC) is recommended for notifiers who wish to consult with the program during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.

For further information, please contact the Substances Management Information Line (eccc.substances.eccc@canada.ca [email], 1‑800‑567‑1999 [toll-free in Canada], and 819‑938‑3232 [outside of Canada]).

The Act is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 (CEPA, 1999). In instances of non-compliance, consideration is given to the following factors, when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with the Act and its regulations and consistency in enforcement.

DEPARTMENT OF TRANSPORT

MOTOR VEHICLE SAFETY ACT

Technical Standards Document No. 108, Lamps, Reflective Devices, and Associated Equipment — Revision 7 and Technical Standards Document No. 208, Occupant Crash Protection — Revision 2

Notice is hereby given, pursuant to section 17 of the Motor Vehicle Safety Regulations, that the Department of Transport has revised Technical Standards Document (TSD) No. 108, Lamps, Reflective Devices, and Associated Equipment, which specifies the requirements for the lamps, reflective devices, and associated equipment that are installed on newly manufactured motor vehicles, as well as TSD No. 208, Occupant Crash Protection, which specifies the requirements for the protection of vehicle occupants in crashes.

TSD No. 108, Lamps, Reflective Devices, and Associated Equipment, reproduces the U.S. Federal Motor Vehicle Safety Standard No. 108 of the same title and is incorporated by reference in section 108 of the Motor Vehicle Safety Regulations. This revision includes the regulatory text of the Final Rule issued by the National Highway Traffic Safety Administration of the U.S. Department of Transportation that was published in the Federal Register of February 8, 2016.

TSD No. 208, Occupant Crash Protection, reproduces the U.S. Federal Motor Vehicle Safety Standard No. 208 of the same title and is incorporated by reference in section 208 of the Motor Vehicle Safety Regulations. This revision includes the regulatory text of the Final Rule issued by the National Highway Traffic Safety Administration of the U.S. Department of Transportation that was published in the Federal Register of October 1, 2017.

TSD No. 108 Revision 7 makes editorial changes, clarifies with strike-throughs that certain sections are not applicable, as well as amends the reference to restricted-use vehicles.

TSD No. 208 Revision 2 makes editorial changes to align the introduction section of this TSD with the other TSDs as well as amend some of the requirements for three-wheeled vehicles dealing with installing child restraint systems on front passenger seats without air bags, if certain conditions are met.

Copies of the new TSD Revisions may be obtained on the webpage entitled Motor Vehicle Safety Regulations (C.R.C., c. 1038). Any inquiries should be directed to Jean-Michel Roy, Acting Manager, Standards and Regulations, at the following address: Standards and Regulations Division, Multi-Modal and Road Safety Programs, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, or by email at RegulationsClerk-ASFB-Commisauxreglements@tc.gc.ca.

Ibrahima Sow
Executive Director
Road Safety and Vehicle Regulations
For the Minister of Transport

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-002-22 — Release of RSS-HAC, Issue 2, and Amendment of RSS-119, Issue 12

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

These documents are now official and available on the Published documents page of the Spectrum management and telecommunications website.

Submitting comments

Comments and suggestions for improving these documents may be submitted online using the Standard Change Request form.

April 1, 2022

Martin Proulx
Director General
Engineering, Planning and Standards Branch

PRIVY COUNCIL OFFICE

Appointment opportunities

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

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

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

Current opportunities

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

Governor in Council appointment opportunities
Position Organization Closing date
Director Bank of Canada  
Director Canada Development Investment Corporation  
Director Canada Foundation for Sustainable Development Technology  
Chairperson Canada Lands Company Limited  
Chief Executive Officer Canadian Centre on Substance Abuse  
Member Canadian Cultural Property Export Review Board  
Chief Executive Officer Canadian Dairy Commission  
Chairperson Canadian High Arctic Research Station  
Member Canadian High Arctic Research Station  
Vice-Chairperson Canadian High Arctic Research Station  
Deputy Chief Commissioner Canadian Human Rights Commission  
Member Canadian Human Rights Commission  
Trustee Canadian Museum for Human Rights  
Director Canadian Museum of History  
Director Canadian Museum of Nature  
Member Canadian Museum of Nature  
President Farm Credit Canada  
Member Historic Sites and Monuments Board of Canada  
Chairperson International Development Research Centre  
Chairperson Invest in Canada Hub  
Chief Executive Officer Invest in Canada Hub  
Director Invest in Canada Hub  
Commissioner Law Commission of Canada  
President Law Commission of Canada  
Member National Capital Commission  
Trustee National Museum of Science and Technology  
Federal Ombudsman for Victims of Crime Office of the Federal Ombudsman for Victims of Crime  
Privacy Commissioner Office of the Privacy Commissioner of Canada  
Member Pacific Pilotage Authority  
Chairperson Patented Medicine Prices Review Board  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Deputy Registrar Supreme Court of Canada  
Director Windsor-Detroit Bridge Authority