Canada Gazette, Part I, Volume 156, Number 30: GOVERNMENT NOTICES
July 23, 2022
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
Whereas certain provisions of part 86 of Title 40 of the Code of Federal Regulations of the United States correspond to certain provisions of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations footnote a;
And whereas certain provisions of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations a are inconsistent with part 86 of Title 40 of the Code of Federal Regulations as amended by the final rule in respect of greenhouse gas emission standards published on April 23, 2020 in Volume 85 of the Federal Register of the United States, at page 22620;
Therefore, the Minister of the Environment, under subsection 163(1) of the Canadian Environmental Protection Act, 1999 footnote b, makes the annexed Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.
Gatineau, July 4, 2022
Steven Guilbeault
Minister of the Environment
Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
Definition of Regulations
1 (1) In this Interim Order, Regulations means the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.
Words and expressions
(2) For greater certainty, words and expressions used in this Interim Order have the same meaning as in the Regulations.
Credits and deficits
2 For the purposes of subparagraph 162(1)(b)(i) of the Act and despite subsections 20(1) to (3) and (4) of the Regulations, a company
- (a) may obtain CO2 equivalent emission credits or reduce its deficits in respect of a fleet of passenger automobiles or light trucks of the 2017 to 2021 model years in accordance with section 3 of this Interim Order; and
- (b) obtains CO2 equivalent emission credits or reduces its deficits in respect of a fleet of passenger automobiles or light trucks of the 2022 model year in accordance with section 4 of this Interim Order.
Recalculation — 2017 to 2021 model years
3 (1) A company may elect to recalculate its credits or deficits for any of its fleets of the 2017 to 2021 model years by making the election referred to in subsection 18.1(4) of the Regulations and by using the equation set out in subsection 20(3) of the Regulations but replacing the descriptions of A and C in that equation with the following:
- A is the adjusted fleet average CO2 equivalent emission standard, expressed in grams per mile, calculated in accordance with section 17 but, for the purposes of the descriptions of B and C in the formula set out in subsection 17(3), in the case of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles, the number of vehicles is multiplied by the number set out in the table to subsection 18.1(4) in respect of that type of vehicle for the model year in question;
- C is determined by the formula
- Nv + ∑ (Ncv × M)
- where
- Nv
- is the number of passenger automobiles or light trucks in the fleet, excluding advanced technology vehicles, natural gas vehicles and natural gas dual fuel vehicles,
- Ncv
- is the number of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles in the fleet, as the case may be, and
- M
- is the multiplier set out in the table to subsection 18.1(4) in respect of the type of vehicle for the model year in question.
Date of credit or deficit
(2) A company obtains credits or reduces its deficits for a specific fleet of the 2017 to 2021 model years on the day on which the company submits its end of model year report for the 2022 model year if the report includes the following information in respect of that fleet:
- (a) the number of credits or deficits, calculated both in accordance with subsection 20(3) of the Regulations and in accordance with this section, and the difference between the two results; and
- (b) a statement that the company has elected to recalculate credits or deficits in accordance with this section and an indication of the number of additional credits, or the reduction in the number of deficits, obtained as a result of that election as well as the number of vehicles in question.
Calculation — 2022 model year
4 (1) A company that makes the election referred to in subsection 18.1(4) of the Regulations in respect of any of its fleets of the 2022 model year must calculate its credits or deficits for that fleet by using the equation set out in subsection 20(3) of the Regulations but replacing the descriptions of A and C in that equation with the descriptions set out in subsection 3(1) of this Interim Order.
Date of credit or deficit
(2) A company obtains credits or incurs deficits for a specific fleet of the 2022 model year on the day on which the company submits its end of model year report for that model year if the report includes the number of credits or deficits calculated in accordance with this section in respect of that fleet.
Offset
5 For the purposes of subsection 21(3) of the Regulations, credits obtained in accordance with this Interim Order are considered to be credits obtained in accordance with section 20 of the Regulations.
EXPLANATORY NOTE
(This note is not part of the Interim Order.)
The Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations was made by the Minister of the Environment on July 4, 2022. The Interim Order corrects an error in the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations in the near term to quickly allow automobile manufacturers to obtain the intended number of credits for advanced technology vehicles, such as electric vehicles; plug-in hybrid electric vehicles; fuel cell vehicles; as well as natural gas dual fuel vehicles and dedicated natural gas vehicles sold in the country. Upon approval by the Governor in Council, and in accordance with subsection 163(5) of the Canadian Environmental Protection Act, 1999, the Interim Order will cease to have effect one year after it is made, or the day it is repealed, or the day on which the Regulations are amended or repealed to give effect to the Interim Order, whichever is earlier.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to five substances
Whereas the five substances set out in this notice are specified on the Domestic Substances List;footnote 1
Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of each of the five substances under section 73 of the Canadian Environmental Protection Act, 1999;footnote b
And whereas the ministers suspect that the information concerning a significant new activity in relation to any of the five substances set out in this notice may contribute to determining the circumstances in which the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,
Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List, pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999, to indicate that subsection 81(3) of that Act applies to any significant new activities relating to the five substances, as set out in this notice.
Public comment period
Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and can be submitted using the online reporting system through Environment and Climate Change Canada’s Single Window, sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, or by email to substances@ec.gc.ca.
The final screening assessment for these substances may be obtained from the Canada.ca (Chemical substances) website.
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.
Marc D’Iorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment
ANNEX
1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:
- 8050-09-7
- 8052-10-6
- 9007-13-0
- 61790-51-0
- 73138-82-6
| Column 1 Substance |
Column 2 Significant New Activity for which the substance is subject to subsection 81(3) of the Act |
|---|---|
|
|
| 9007-13-0 S’ |
|
COMING INTO FORCE
3. This Order comes into force on the day on which it is registered.
EXPLANATORY NOTE
(This explanatory note is not part of the notice of intent.)
Description
The notice of intent (NOI) is an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL)footnote 1 pursuant to subsection 87(3) of Canadian Environmental Protection Act, 1999 (CEPA) to apply the significant new activity (SNAc) provisions to the following five substances:
- Rosin (Chemical Abstracts Service Registry Number [CAS RN]footnote 2 8050-09-7);
- Tall-oil rosin (also known as Rosin, CAS RN 8052-10-6);
- Resin acids and rosin acids (also known as rosin, CAS RN 73138-82-6);
- Resin acids and rosin acids, calcium salts (also known as RCa, CAS RN 9007-13-0);
- Resin acids and rosin acids, sodium salts (also known as RNa, CAS RN 61790-51-0).
Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment. These comments will be taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to these substances.
The DSL amendment is not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.
In addition to proposing to apply the SNAc provisions to target any new manufacturing activities, information-gathering methods are being considered to track the industrial/commercial use of products containing these substances. This includes adding the substances to voluntary or mandatory surveys, reporting to the National Pollutant Release Inventory, or environmental monitoring.
Applicability of the proposed Order
It is proposed that the Order amending the DSL require any person (individual or corporation) engaging in a significant new activity in relation to any of the substances to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 90 days prior to the manufacture of the substance for the significant new activity.
In order to address the environmental concerns, the Order would target the manufacture, in any calendar year, of more than 100 000 kg of RCa, and more than 1 000 kg of the remaining four substances. In other words, for the manufacture of the substances, notification would be required when the total quantity of the substance is greater than 100 000 kg in a calendar year for RCa, and greater than 1 000 kg for the other four substances in a calendar year.
Activities not subject to the proposed Order
The manufacture of RCa would not be subject to the proposed Order if the total quantity of the substance manufactured is less than 100 000 kg in a calendar year. For the remaining four substances, the manufacture of each substance would not be subject to the proposed Order if the total quantity manufactured of each substance is less than 1 000 kg in a calendar year.
The proposed Order would not apply to uses of these substances that are regulated under the Acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The proposed Order would also not apply to transient reaction intermediates, impurities, contaminants, partially unreacted intermediates, or in some circumstances to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the proposed Order. See subsection 81(6) and section 3 of the Guidance Document for the Notification and Testing of New Chemicals and Polymers for additional information.
Information to be submitted
The NOI sets out the proposed requirements for information that would need to be provided to the Minister 90 days before the day on which the substance is manufactured. The Department of the Environment and the Department of Health will use the information submitted in the SNAN and other information to conduct human health and environmental assessments within 90 days after the complete information is received.
The information requirements in the proposed Order relate to general information, test data and test reports in respect of the substance, to details surrounding its manufacture, and to exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).
Additional guidance on preparing a SNAN can be found in section 4 of the Guidance Document for the Notification and Testing of New Chemicals and Polymers.
Compliance
When assessing whether a substance is subject to the SNAc provisions,footnote 3 a person is expected to make use of information in their possession or to which they may reasonably be expected to 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 Sheet (SDS).
Although an SDS is an important source of information on the composition of a purchased 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, a SDS may not list all product ingredients that may be subject to an order 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 substances rosin (i.e. rosin, tall-oil rosin, resin acids and rosin acids), RNa or RCa are toxic or capable of becoming toxic, the person who is in possession of or has knowledge of the information, and is involved in activities with any of the substances is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.
Any person who transfers the physical possession or control of a substance subject to an order should notify all persons to whom the physical possession or control is transferred of their obligation to comply with that order, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.
In cases where a person receives possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if the activities were covered by a SNAN submitted by the supplier on behalf of its clients.
A pre-notification consultation (PNC) is available 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.
Where a person has questions concerning their obligations to comply with an order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances by contacting the Substances Management Information Line.footnote 5
CEPA 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 CEPA and its regulations and consistency in enforcement.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to the substance thioperoxydicarbonic diamide ([(H2N)C(S)]2S2), tetramethyl-, also referred to as TMTD
Whereas the substance TMTD (Chemical Abstracts Service Registry Number [CAS RN]footnote 4 137-26-8) is specified on the Domestic Substances List;footnote 1
Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of the substance under section 74 of the Canadian Environmental Protection Act, 1999;footnote b
And whereas the ministers suspect that the information concerning a significant new activity in relation to the substance may contribute to determining the circumstances in which the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,
Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to any significant new activities relating to this substance, as set out in this notice.
Public comment period
Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and can be submitted using the online reporting system through Environment and Climate Change Canada’s Single Window, sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, or by email to substances@ec.gc.ca.
The final screening assessment document for the substance may be obtained from the Canada.ca (Chemical Substances) website.
In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may also submit with the information a request that it be treated as confidential.
Marc D’lorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment
John Moffet
Assistant Deputy Minister
Environmental Protection Branch
On behalf of the Minister of the Environment
ANNEX
1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:
- 137-26-8
| Column 1 Substance |
Column 2 Significant New Activity for which substance is subject to subsection 81(3) of the Act |
|---|---|
| 137-26-8 S′ |
|
COMING INTO FORCE
3. The Order comes into force on the day on which it is registered.
EXPLANATORY NOTE
(This explanatory note is not part of the notice of intent.)
Description
The notice of intent (NOI) provides an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL)footnote 1 to apply the Significant New Activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (CEPA) to the substance thioperoxydicarbonic diamide ([(H2N)C(S)]2S2), tetramethyl- (referred to as TMTD, Chemical Abstracts Service Registry No. 137-26-8), pursuant to subsection 87(3) of that Act.
TMTD will be proposed for addition to Schedule 1 to CEPA, following the publication of the final screening assessment, published in January 2021, which concluded that TMTD meets the criteria under paragraph 64(a) of CEPA, as it is 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. Concurrently with the final screening assessment, the Risk Management Approach for TMTD was also published outlining the proposed risk management actions, which included the recommendation to apply the SNAc provisions to TMTD.
Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment (the Minister). These comments will be taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to this substance.
The DSL amendment is not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.
Applicability of the proposed Order
It is proposed that the Order amending the DSL require any person (individual or corporation) engaging in a significant new activity in relation to the substance to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 180 days prior to the import, manufacture, or use of the substance for the significant new activity.
In order to address the environmental effects of concern, the Order would target the manufacture of the substance and any activity related to the use of the substance in the manufacture of liquid rubber (latex). For the manufacture of the substance and for the use of the substance in the manufacture of liquid rubber (latex) products, notification would be required when the total quantity of the substance involved in the activity during the calendar year is greater than 100 kg.
For example, notification would be required if a company plans to import TMTD either alone or as a component in a mixture, such as a feedstock, for use in the manufacture of liquid rubber (latex) where there is more than 100 kg of the substance involved in a calendar year.
The use of the substance as a site-limited intermediate substance or an export-only substance would require the submission of a SNAN as these activities may cause a risk to the environment. The term “site-limited intermediate substance” is defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). An export-only substance is a substance that is manufactured in or imported into Canada and destined solely for foreign markets.
Activities not subject to the proposed Order
Any activity related to the manufacture of the substance or the manufacture of liquid rubber (latex) involving the substance would not be subject to the proposed Order if the total quantity of the substance involved in the activity is 100 kg or less in a calendar year.
The use of the substance as a research and development substance would not require the submission of a SNAN as releases from these applications are expected to be negligible. The term “research and development substance” is defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers).
The proposed Order would not apply to uses of the substance that are regulated under the Acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The proposed Order would also not apply to transient reaction intermediates, impurities, contaminants, partially unreacted intermediates, or in some circumstances to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the proposed Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidance Document for the Notification and Testing of New Chemicals and Polymers for additional information.
Information to be submitted
The NOI sets out the proposed requirements for information that would have to be provided to the Minister 180 days before the day on which the substance is imported, manufactured or used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN and other information to conduct environmental and human health assessments within 180 days after the complete information is received.
The information requirements in the proposed Order relate to general information in respect of the substance, to details surrounding its use, and to exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).
Additional guidance on preparing a SNAN can be found in section 4 of the Guidance Document for the Notification and Testing of New Chemicals and Polymers.
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 be expected to 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 (SDS).
Although an SDS is an important source of information on the composition of a purchased 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 an order 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 the information, and is involved in activities with the substance, is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.
Any person who transfers the physical possession or control of a substance subject to an order should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the order, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.
In cases where a person receives physical possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if the activities were covered by the SNAN submitted by the supplier on behalf of its clients.
A pre-notification consultation (PNC) is available 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.
Where a person has questions concerning their obligations to comply with a notice or order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to contact the Substances Management Information Line.footnote 6
CEPA 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 CEPA and its regulations, and consistency in enforcement.
DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of 12 substances of the Resins and Rosins Group specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas 9 of the 12 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 (c) of the Act and on nine substances pursuant to section 74 of the Act is annexed hereby;
And whereas it is concluded that tall oil, specifically due to crude tall oil, meets one or more 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 recommend to Her Excellency the Governor in Council that crude tall oil be added to Schedule 1 to the Act.
And whereas it is concluded that the remaining 11 substances do not meet any of the criteria set out in section 64 of the Act,
Notice therefore is hereby given that the ministers propose to take no further action at this time under section 77 of the Act for eight of nine substances identified under subsection 73(1) of the Act.
Notice is further given that the ministers propose to take no further action on the remaining three substances at this time.
Notice is furthermore given that the ministers are releasing a proposed risk management approach document for crude tall oil 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.
Notice is also hereby given that the Minister of the Environment will consider using information-gathering mechanisms, such as those outlined in the Act, to collect commercial information about tall oil, specifically distilled tall oil; rosin; tall-oil rosin; resin acids and rosin acids; resin acids and rosin acids, calcium salts (RCa); and resin acids and rosin acids, sodium salts (RNa).
Notice is also hereby given that the Minister of the Environment will consider amending the Domestic Substances List under subsection 87(3) of the Act to indicate that the significant new activity provisions under subsection 81(3) thereof apply with respect to rosin, tall-oil rosin, resin acids and rosin acids, RCa, and RNa.
Public comment period on the proposed 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 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 email to substances@ec.gc.ca 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.
Steven Guilbeault
Minister of the Environment
Jean-Yves Duclos
Minister of Health
ANNEX
Summary of the screening assessment of the Resins and Rosins Group
Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of 12 substances collectively referred to as the Resins and Rosins Group.footnote 7,footnote 8 The Chemical Abstracts Service Registry Numbers (CAS RN),footnote 9 the Domestic Substances List (DSL) names and the abbreviations or common names of these substances are listed in the table below.
| CAS RN | DSL name | Abbreviation or common name |
|---|---|---|
| 1740-19-8 | 1-Phenanthrenecarboxylic acid, 1,2,3,4,4a,9,10,10a-octahydro-1,4a-dimethyl-7-(1-methylethyl)-, [1R-(1α,4a,10aα)] | DHAA |
| 8002-26-4 table b1 note a | Tall oil | CTO table b1 note b or DTO table b1 note b |
| 8016-81-7 table b1 note a , table b1 note c | Tall-oil pitch | TOP |
| 8046-19-3 table b1 note a , table b1 note d | Storax (balsam) | Storax |
| 8050-09-7 table b1 note a , table b1 note d | Rosin | Rosin table b1 note d |
| 8050-15-5 table b1 note a , table b1 note c | Resin acids and Rosin acids, hydrogenated, Me esters | RHME |
| 8050-28-0 table b1 note a | Rosin, maleated | RMa |
| 8052-10-6 table b1 note a , table b1 note d | Tall-oil rosin | Rosin table b1 note d |
| 9007-13-0 table b1 note a | Resin acids and Rosin acids, calcium salts | RCa |
| 61790-51-0a | Resin acids and Rosin acids, sodium salts | RNa |
| 68186-14-1 table b1 note a | Resin acids and Rosin acids, Me esters | RME |
| 73138-82-6 table b1 note a , table b1 note d | Resin acids and Rosin acids | Rosin table b1 note d |
Table b1 note(s)
|
||
Resins and Rosins Group substances may be imported or manufactured in Canada and are naturally present in the environment. Variability in composition of the Resins and Rosins Group substances may be due to source material variability and/or the production process conditions.
All of the substances in the Resins and Rosins Group have been included in a survey issued pursuant to section 71 of CEPA and in subsequent voluntary surveys. All 12 substances were reported to be imported into Canada in quantities for each substance ranging from <100 kg to 1 000 000 kg, for the 2011 reporting year. CTO was incidentally co-produced in Canada at 10 000 000 kg/yr to 100 000 000 kg/yr for the 2011 reporting year. RCa and RNa were manufactured in Canada at 10 000 kg to 100 000 kg and 100 kg to 1 000 kg respectively, for the 2011 reporting year. The remaining 9 substances were not reported to be manufactured in Canada in 2011 above the reporting threshold of 100 kg.
Commercial and industrial uses of the substances in this group include processing aids, electronics solder, concrete production, rubber compounding, steelmaking, and formulation of paints and coatings, as well as products available to consumers, such as adhesives, binding agents, cosmetics, natural health products, and non-prescription drugs.
The major sources of emissions of substances in the Resins and Rosins Group to the environment in Canada are related to manufacturing and industrial uses. Potential releases of concern occur primarily to surface water.
Most components of CTO, DTO, rosin, RCa and RNa are moderately persistent in water and are expected to be moderately to highly persistent in sediments. Components of TOP, RHME and RMa are predicted to have a moderate to high persistence in water and a high persistence in sediments.
Most substances in the Resins and Rosins Group have components with a low to moderate bioconcentration potential. The bioconcentration factors of components of RHME show a moderate to high bioconcentration potential. Certain CTO, DTO and TOP representative chemicals are predicted to have a high bioaccumulation potential based on modelled bioaccumulation factor results.
CTO, DTO, TOP, rosin, RCa, RNa and RMa all consist of components that could have non-specific (i.e. narcotic) or compound-specific effects to organisms in the environment at low concentrations of exposure. RHME consists of only narcotic components with effects at low concentrations. Exposure scenarios were developed for the manufacturing and industrial use of the Resins and Rosins Group substances. Risk quotient analyses were conducted to compare estimated aquatic concentrations with adverse effect concentrations, assuming a concentration addition of the components of the UVCBs in aquatic organisms for different exposure scenarios. Scenarios for the manufacturing of CTO indicate that there is a risk to aquatic organisms; however, no risk was identified for the other scenarios for the Resins and Rosins Group substances at levels of exposure based on reported quantities.
The ecological risks of four substances in the Resins and Rosins Group (DHAA, storax, RME, and rosin bearing CAS RN 73138-82-6) were characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. The ERC identified DHAA, storax, RME, and rosin bearing CAS RN 73138-82-6 as having low potential to cause ecological harm.
Considering all available lines of evidence presented in this screening assessment, there is a risk of harm to the environment from tall oil (CAS RN 8002-26-4), specifically due to CTO. It is concluded that tall oil meets the criteria under paragraph 64(a) of CEPA, as it is 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 tall oil does not meet the criteria under paragraph 64(b) of CEPA, as it is 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. It is also concluded that the other 11 Resins and Rosins Group substances 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.
RMa and rosin (CAS RN 8052-10-6) were previously evaluated using the approach applied in the Rapid Screening of Substances with Limited General Population Exposure screening assessment, which determined that the substances required further assessment. The potential for exposure of the general population to RMa and rosin (CAS RN 8052-10-6) was considered in this assessment to be negligible, indicating a low probability of risk to human health. Therefore, RMa and rosin (CAS RN 8052-10-6) are considered to be of low concern for human health at current levels of exposure.
TOP was evaluated using the Threshold of Toxicological Concern (TTC)-based Approach for Certain Substances, which is based on the potential hazard of similar chemical structures, as well as chemical-specific genotoxicity data, when available. The estimate of exposure generated for TOP was lower than the TTC value, indicating a low probability of risk to human health. Therefore, TOP is considered to be of low concern for human health at current levels of exposure.
Substances in the Resins and Rosins Group have not been identified as carcinogenic. Limited toxicological effects have been reported in repeated-dose studies with resins and rosins substances with effects such as decreased body weight. Some histopathological changes were noted in target organs.
Exposure to the Resins and Rosins Group substances is expected to be predominantly via the dermal route and can occur from use of rosin as a gripping agent by athletes and violinists, as a non-medicinal ingredient in sunscreens, and in cosmetic products such as moisturizers and cleansers. There is the potential for oral ingestion from its use as a non-medicinal ingredient in dental varnishes, as well as from dental sealants and lipsticks. On the basis of a comparison of estimates of exposure to substances in the Resins and Rosins Group and levels associated with effects observed in laboratory studies, margins of exposure are considered adequate to address uncertainties in the health effects and exposure datasets.
Considering all the information presented in this screening assessment, it is concluded that the 12 Resins and Rosins Group substances do not meet the criteria under paragraph 64(c) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
Overall conclusion
It is therefore concluded that tall oil meets one or more of the criteria set out in section 64 of CEPA, specifically on the basis of risk presented by CTO and that the other 11 Resins and Rosins Group substances do not meet any of the criteria set out in section 64 of CEPA.
Consideration for follow-up
Because rosin, tall-oil rosin, resin acids and rosin acids, RCa, and RNa are listed on the Domestic Substances List, their import and manufacture in Canada are not subject to notification under the New Substances Notification Regulations (Chemicals and Polymers) under subsection 81(1) of CEPA. Since rosin, tall-oil rosin, resin acids and rosin acids, RCa, and RNa are considered to have environmental effects of concern, there is suspicion that new activities that have not been identified or assessed could lead to these substances meeting the criteria set out in section 64 of CEPA. Therefore, the Government of Canada intends to amend the DSL, under subsection 87(3) of the Act, to indicate that the significant new activity (SNAc) provisions under subsection 81(3) of the Act apply with respect to these five substances.
A significant new activity can include an activity that has not been conducted with a substance in the past, or an existing one with a different quantity or in different circumstances that could affect the exposure pattern of the substance. The SNAc provisions trigger an obligation for a person (individual or corporation) to provide information about a substance when they propose to use the substance in a significant new activity. The ministers will assess the information provided by the notifier and other information available to them to determine whether the substance, if used in the proposed new activity, could pose a risk to the environment or human health, and, if so, whether risk management is required.
The Government of Canada may also include distilled tall oil, rosin, tall-oil rosin, resin acids and rosin acids, RCa, and RNa in future information gathering initiatives, such as mandatory or voluntary surveys. The Government will use the data gathered through these follow-up activities to prioritize further information gathering or risk assessment of these substances, if required.
The screening assessment and the risk management approach document for these substances are available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF TRANSPORT
AERONAUTICS ACT
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 67
Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 67 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71footnote c and 4.9footnote d, paragraphs 7.6(1)(a)footnote e and (b)footnote f and section 7.7footnote g of the Aeronautics Act footnote h;
And whereas, pursuant to subsection 6.41(1.2)footnote i of that Act, the Minister of Transport has consulted with the persons and organizations that that Minister considers appropriate in the circumstances before making the annexed Order;
Therefore, the Minister of Transport makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 67 under subsection 6.41(1)g of the Aeronautics Act footnote h.
Ottawa, July 8, 2022
Omar Alghabra
Minister of Transport
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 67
Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
- aerodrome security personnel
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
- air carrier
- means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
- COVID-19
- means the coronavirus disease 2019. (COVID-19)
- COVID-19 antigen test
- means a COVID-19 screening or diagnostic immunoassay that
- (a) detects the presence of a viral antigen indicating the presence of COVID-19;
- (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
- (c) if the test is self-administered, is observed and whose result is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and
- (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai antigénique relatif à la COVID-19)
- COVID-19 molecular test
- means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that
- (a) if the test is self-administered, is observed and whose result is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or
- (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai moléculaire relatif à la COVID-19)
- (a) if the test is self-administered, is observed and whose result is verified
- customs officer
- has the same meaning as officer in subsection 2(1) of the Customs Act. (agent des douanes)
- foreign national
- has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
- non-passenger screening checkpoint
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
- passenger screening checkpoint
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
- peace officer
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
- quarantine officer
- means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
- Regulations
- means the Canadian Aviation Regulations. (Règlement)
- restricted area
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
- screening authority
- means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. (administration de contrôle)
- screening officer
- has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
- testing provider
- means
- (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
- (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)
- variant of concern
- means a variant of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that is designated as a variant of concern by the World Health Organization. (variant préoccupant)
Interpretation
(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.
Conflict
(3) In the event of a conflict between this Interim Order and the Regulations or the Canadian Aviation Security Regulations, 2012, the Interim Order prevails.
Definition of mask
(4) For the purposes of this Interim Order, a mask means any mask, including a non-medical mask, that meets all of the following requirements:
- (a) it is made of multiple layers of tightly woven materials such as cotton or linen;
- (b) it completely covers a person’s nose, mouth and chin without gaping;
- (c) it can be secured to a person’s head with ties or ear loops.
Masks — lip reading
(5) Despite paragraph (4)(a), the portion of a mask in front of a wearer’s lips may be made of transparent material that permits lip reading if
- (a) the rest of the mask is made of multiple layers of tightly woven materials such as cotton or linen; and
- (b) there is a tight seal between the transparent material and the rest of the mask.
Notification
Quarantine plan and vaccination
2 A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that, where applicable, they are required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, their quarantine plan and information related to their COVID-19 vaccination, or, if the person is not required under that order to provide their plan and information, their contact information, using the ArriveCAN application or website. The private operator or air carrier must also notify every person that they may be liable to a fine if this requirement applies to them and they fail to comply with it.
ArriveCAN — verification
3 (1) At the request of the Minister, a private operator or air carrier operating a flight referred to in section 2 must verify, before a person boards the aircraft, whether the person has provided evidence that they have submitted the information required by the ArriveCAN application or website.
ArriveCAN — information
(2) Before boarding the aircraft, the person must provide to the private operator or air carrier operating the flight evidence that they have submitted the information required by the ArriveCAN application or website.
Exception
(3) Subsection (2) does not apply to a person who is not required under an order made under section 58 of the Quarantine Act to submit the information by electronic means.
ArriveCAN — evidence
(4) For the purposes of subsections (1) and (2), an ArriveCAN receipt that contains a six-character code or QR code is evidence that the information has been submitted.
Records
(5) If a person does not comply with subsection (2), the private operator or air carrier must
- (a) keep a record of
- (i) the date and flight number,
- (ii) the person’s name and date of birth, and
- (iii) the type of travel document used by the person and the travel document number; and
- (b) inform the Minister as soon as feasible of any record created under paragraph (a).
Retention period
(6) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.
Ministerial request
(7) The private operator or air carrier must make the record available to the Minister on request.
Copy of record
4 A private operator or air carrier must provide a copy of the record referred to in subsection 3(5) to the Public Health Agency of Canada within one hour after the flight’s departure.
Foreign Nationals
Prohibition
5 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight that the private operator or air carrier operates to Canada departing from any other country.
Exception
6 Section 5 does not apply to a foreign national who is permitted to enter Canada under an order made under section 58 of the Quarantine Act.
Confirmation of Health Status
Non-application
7 Sections 8 and 9 do not apply to the following persons:
- (a) a crew member;
- (b) a person boarding an aircraft only to become a crew member on board another aircraft operated by an air carrier;
- (c) a person boarding an aircraft after having been a crew member on board an aircraft operated by an air carrier; or
- (d) a person boarding an aircraft to participate in mandatory training required by an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member.
Notification
8 (1) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may be denied permission to board the aircraft if
- (a) the person exhibits a fever and a cough or a fever and breathing difficulties;
- (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or
- (c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.
Confirmation
(2) Every person boarding an aircraft for a flight that a private operator or air carrier operates must confirm to the private operator or air carrier that none of the following situations apply to them:
- (a) the person exhibits a fever and a cough or a fever and breathing difficulties;
- (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or
- (c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.
False confirmation — notice to person
(3) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers or a confirmation that they know to be false or misleading.
False confirmation — obligations of person
(4) A person who is required to provide a confirmation under subsection (2) must
- (a) answer all questions; and
- (b) not provide answers or a confirmation that they know to be false or misleading.
Exception
(5) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who is required to give a confirmation under subsection (2).
Observations — private operator or air carrier
(6) During the boarding process for a flight that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the aircraft is exhibiting any of the symptoms referred to in paragraph (1)(a).
Prohibition
9 (1) A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if
- (a) the private operator or air carrier observes that, as the person is boarding, they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
- (b) the person’s confirmation under subsection 8(2) indicates that one of the situations described in paragraph 8(2)(a) or (b) applies to that person;
- (c) the person is a competent adult and refuses to give the confirmation under subsection 8(2); or
- (d) the person’s confirmation under subsection 8(2) indicates that the situation described in paragraph 8(2)(c) applies to that person.
Exception
(2) Paragraphs (1)(a) and (b) do not apply to a person who can provide a medical certificate certifying that any symptoms referred to in paragraph 8(2)(a) that they are exhibiting are not related to COVID-19 or who has a result for one of the COVID-19 tests described in subsection 13(1).
[10 reserved]
COVID-19 Tests — Flights to Canada
Application
11 (1) Sections 13 to 17 apply to a private operator or air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.
Non-application
(2) Sections 13 to 17 do not apply to persons who are not required under an order made under section 58 of the Quarantine Act to provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test.
[12 reserved]
Evidence — result of test
13 (1) Before boarding an aircraft for a flight, every person must provide to the private operator or air carrier operating the flight evidence that they received either
- (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time;
- (b) a negative result for a COVID-19 antigen test that was performed on a specimen collected no more than one day before the flight’s initial scheduled departure time; or
- (c) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time.
Location of test — outside Canada
(1.1) The COVID-19 tests referred to in paragraphs (1)(a) and (b) must be performed outside Canada.
Evidence — location of test
(2) For the purposes of paragraphs (1)(a) and (b) and subsection (1.1), the COVID-19 molecular test or COVID-19 antigen test must not have been performed in a country where, as determined by the Minister of Health, there is an outbreak of a variant of concern or there are reasonable grounds to believe that there is an outbreak of such a variant.
Evidence — alternative testing protocol
13.1 Despite subsections 13(1) and (1.1), a person referred to in section 2.22 of the Order entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) must, before boarding an aircraft for a flight, provide to the private operator or air carrier operating the flight evidence of a COVID-19 molecular test or a COVID-19 antigen test that was carried out in accordance with an alternative testing protocol referred to in that section.
Evidence — molecular test
14 (1) Evidence of a result for a COVID-19 molecular test must include
- (a) the name and date of birth of the person from whom the specimen was collected for the test;
- (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result.
Evidence — antigen test
(2) Evidence of a result for a COVID-19 antigen test must include
- (a) the name and date of birth of the person from whom the specimen was collected for the test;
- (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result.
False or misleading evidence
15 A person must not provide evidence of a result for a COVID-19 molecular test or a COVID-19 antigen test that they know to be false or misleading.
Notice to Minister
16 A private operator or air carrier that has reason to believe that a person has provided evidence of a result for a COVID-19 molecular test or a COVID-19 antigen test that is likely to be false or misleading must notify the Minister as soon as feasible of the person’s name and contact information and the date and number of the person’s flight.
Prohibition
17 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if the person does not provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test in accordance with the requirements set out in section 13 or 13.1.
Masks
Non-application
18 (1) Sections 19 to 24 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a crew member;
- (g) a gate agent.
Mask readily available
(2) An adult responsible for a child who is at least two years of age but less than six years of age must ensure that a mask is readily available to the child before boarding an aircraft for a flight.
Wearing of mask
(3) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 21 and complies with any instructions given by a gate agent under section 22 if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Notification
19 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that the person must
- (a) be in possession of a mask before boarding;
- (b) wear the mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building; and
- (c) comply with any instructions given by a gate agent or a crew member with respect to wearing a mask.
Obligation to possess mask
20 Every person who is at least six years of age must be in possession of a mask before boarding an aircraft for a flight.
Wearing of mask — persons
21 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a person to wear a mask at all times during the boarding process and during a flight that the private operator or air carrier operates.
Exceptions — person
(2) Subsection (1) does not apply
- (a) when the safety of the person could be endangered by wearing a mask;
- (b) when the person is drinking or eating, unless a crew member instructs the person to wear a mask;
- (c) when the person is taking oral medications;
- (d) when a gate agent or a crew member authorizes the removal of the mask to address unforeseen circumstances or the person’s special needs; or
- (e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the mask to verify the person’s identity.
Exceptions — flight deck
(3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:
- (a) a Department of Transport air carrier inspector;
- (b) an inspector of the civil aviation authority of the state where the aircraft is registered;
- (c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
- (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
- (e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.
Compliance
22 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel, a crew member, a customs officer or a quarantine officer with respect to wearing a mask.
Prohibition — private operator or air carrier
23 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if
- (a) the person is not in possession of a mask; or
- (b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a mask.
Refusal to comply
24 (1) If, during a flight that a private operator or air carrier operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a mask, the private operator or air carrier must
- (a) keep a record of
- (i) the date and flight number,
- (ii) the person’s name, date of birth and contact information, including the person’s home address, telephone number and email address,
- (iii) the person’s seat number, and
- (iv) the circumstances related to the refusal to comply; and
- (b) inform the Minister as soon as feasible of any record created under paragraph (a).
Retention period
(2) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.
Ministerial request
(3) The private operator or air carrier must make the record available to the Minister on request.
Wearing of mask — crew member
25 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a crew member to wear a mask at all times during the boarding process and during a flight that the private operator or air carrier operates.
Exceptions — crew member
(2) Subsection (1) does not apply
- (a) when the safety of the crew member could be endangered by wearing a mask;
- (b) when the wearing of a mask by the crew member could interfere with operational requirements or the safety of the flight; or
- (c) when the crew member is drinking, eating or taking oral medications.
Exception — flight deck
(3) Subsection (1) does not apply to a crew member who is a flight crew member when they are on the flight deck.
Wearing of mask — gate agent
26 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a mask during the boarding process for a flight that the private operator or air carrier operates.
Exceptions
(2) Subsection (1) does not apply
- (a) when the safety of the gate agent could be endangered by wearing a mask; or
- (b) when the gate agent is drinking, eating or taking oral medications.
Exception — physical barrier
(3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is separated from any other person by a physical barrier that allows the gate agent and the other person to interact and reduces the risk of exposure to COVID-19.
Deplaning
Non-application
27 (1) Sections 28 and 28.1 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a person who is on a flight that originates in Canada and is destined to another country.
Wearing of mask
(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 28 or 28.1 if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Wearing of mask — persons on board
28 A person who is on board an aircraft must wear a mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building, including by a passenger loading bridge.
Wearing of mask — customs and border processing area
28.1 A person must wear a mask at all times when they are in the customs and border processing area.
Screening Authority
Non-application
29 (1) Sections 30 to 33 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a member of emergency response provider personnel who is responding to an emergency;
- (g) a peace officer who is responding to an emergency.
Wearing of mask
(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under subsection 30(2) and removes it when required by a screening officer to do so under subsection 30(3) if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Requirement — passenger screening checkpoint
30 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint that they must wear a mask at all times during screening.
Wearing of mask — person
(2) Subject to subsection (3), a person who is the subject of screening referred to in subsection (1) must wear a mask at all times during screening.
Requirement to remove mask
(3) A person who is required by a screening officer to remove their mask during screening must do so.
Wearing of mask — screening officer
(4) A screening officer must wear a mask at a passenger screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is two metres or less from the person being screened.
Requirement — non-passenger screening checkpoint
31 (1) A person who presents themselves at a non-passenger screening checkpoint to enter into a restricted area must wear a mask at all times.
Wearing of mask — screening officer
(2) Subject to subsection (3), a screening officer must wear a mask at all times at a non-passenger screening checkpoint.
Exceptions
(3) Subsection (2) does not apply
- (a) when the safety of the screening officer could be endangered by wearing a mask; or
- (b) when the screening officer is drinking, eating or taking oral medications.
Exception — physical barrier
32 Sections 30 and 31 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.
Prohibition — passenger screening checkpoint
33 (1) A screening authority must not permit a person who has been notified to wear a mask and refuses to do so to pass beyond a passenger screening checkpoint into a restricted area.
Prohibition — non-passenger screening checkpoint
(2) A screening authority must not permit a person who refuses to wear a mask to pass beyond a non-passenger screening checkpoint into a restricted area.
Designated Provisions
Designation
34 (1) The provisions of this Interim Order set out in column 1 of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum amounts
(2) The amounts set out in column 2 of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.
Notice
(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
- (a) the particulars of the alleged contravention;
- (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
- (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
- (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
- (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.
Repeal
35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 66, made on June 27, 2022, is repealed.
SCHEDULE
(Subsections 34(1) and (2))
Column 1 Designated Provision |
Column 2 Maximum Amount of Penalty ($) |
|
|---|---|---|
| Individual | Corporation | |
| Section 2 | 5,000 | 25,000 |
| Subsection 3(1) | 5,000 | 25,000 |
| Subsection 3(2) | 5,000 | |
| Subsection 3(5) | 5,000 | 25,000 |
| Section 4 | 5,000 | 25,000 |
| Section 5 | 5,000 | 25,000 |
| Subsection 8(1) | 5,000 | 25,000 |
| Subsection 8(2) | 5,000 | |
| Subsection 8(3) | 5,000 | 25,000 |
| Subsection 8(4) | 5,000 | |
| Subsection 8(6) | 5,000 | 25,000 |
| Subsection 9(1) | 5,000 | 25,000 |
| Subsection 13(1) | 5,000 | |
| Section 13.1 | 5,000 | |
| Section 15 | 5,000 | |
| Section 16 | 5,000 | 25,000 |
| Section 17 | 5,000 | 25,000 |
| Subsection 18(2) | 5,000 | |
| Subsection 18(3) | 5,000 | |
| Section 19 | 5,000 | 25,000 |
| Section 20 | 5,000 | |
| Subsection 21(1) | 5,000 | 25,000 |
| Section 22 | 5,000 | |
| Section 23 | 5,000 | 25,000 |
| Subsection 24(1) | 5,000 | 25,000 |
| Subsection 24(2) | 5,000 | 25,000 |
| Subsection 24(3) | 5,000 | 25,000 |
| Subsection 25(1) | 5,000 | 25,000 |
| Subsection 26(1) | 5,000 | 25,000 |
| Subsection 27(2) | 5,000 | |
| Section 28 | 5,000 | |
| Section 28.1 | 5,000 | |
| Subsection 29(2) | 5,000 | |
| Subsection 30(1) | 25,000 | |
| Subsection 30(2) | 5,000 | |
| Subsection 30(3) | 5,000 | |
| Subsection 30(4) | 5,000 | |
| Subsection 31(1) | 5,000 | |
| Subsection 31(2) | 5,000 | |
| Subsection 33(1) | 25,000 | |
| Subsection 33(2) | 25,000 | |
GLOBAL AFFAIRS CANADA
Consultations on developing a model Canadian digital trade agreement
On July 15, 2022, Canada launched consultations inviting Canadians to share their views regarding the development of a model Canadian digital trade agreement.
Background
Digital trade broadly covers digitally enabled transactions involving trade in either goods and services that can be digitally or physically delivered to consumers, firms, and governments. Canada’s international trade initiatives in the context of digital trade aim to facilitate commercial activity; address potential market access impediments; build consumer trust and confidence; and promote interests in inclusive trade.
The Government of Canada has started work to develop a model Canadian digital trade agreement. A model digital trade agreement would allow Canada to build upon previous international trade initiatives, including the electronic commerce/digital trade chapters of Canada’s existing free trade agreements, such as the Canada-United States-Mexico Agreement and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Through such an agreement, Canada could address emerging technology issues, as well as promote its interests in inclusive trade. By establishing a model Canadian digital agreement, Canada would be at the forefront of the development of international rules governing digital trade policies.
Consultations
The Government of Canada is committed to policies that expand opportunities for more Canadians to compete and succeed in international markets. Global Affairs Canada is soliciting input from interested individuals and stakeholders regarding the development of a model Canadian digital trade agreement. The Government of Canada is also committed to ensure that more Canadians have access to the benefits and opportunities that flow from international trade and investment. Therefore, traditionally underrepresented groups such as women; micro, small and medium-sized enterprises; and Indigenous peoples are encouraged to provide their input.
The purpose of this consultation is to inform Canada’s position, interests, and sensitivities with respect to international digital trade. Global Affairs Canada invites all Canadians to share their views regarding the development of this model agreement, including feedback on its potential scope and content, as well as identifying potential trading partners Canada may seek to undertake negotiations with.
More information on the Government’s consultations on a model digital trade agreement can be found on the Global Affairs Canada consultation webpage.
All interested parties are invited to submit their written input by September 13, 2022. Input can be sent by email or mail to
Services Trade Policy Division (TMS)
Global Affairs Canada
111 Sussex Drive
Ottawa, Ontario
K1A 0G2
Email: TMSconsultation@international.gc.ca
Please read the privacy statement carefully prior to sending a written submission.
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 | Bank of Canada | |
| Chairperson | Canada Agricultural Review Tribunal | |
| Director | Canada Development Investment Corporation | |
| Director | Canada Foundation for Sustainable Development Technology | |
| Chairperson | Canada Lands Company Limited | |
| Member | Canada–Nova Scotia Offshore Petroleum Board | |
| Member | Canadian Cultural Property Export Review Board | |
| Chairperson | Canadian High Arctic Research Station | |
| Member | Canadian High Arctic Research Station | |
| Vice-Chairperson | Canadian High Arctic Research Station | |
| Chief Commissioner | Canadian Human Rights Commission | |
| Member | Canadian Human Rights Commission | |
| Secretary | Canadian Intergovernmental Conference Secretariat | |
| Trustee | Canadian Museum for Human Rights | |
| Director | Canadian Museum of History | |
| Chairperson | Canadian Museum of Nature | |
| Chairperson | Canadian Radio-television and Telecommunications Commission | |
| Vice-Chairperson | Canadian Radio-television and Telecommunications Commission | |
| Special Representative on Combatting Islamophobia | Department of Canadian Heritage | |
| Chairperson | Export Development Canada | |
| Director | Export Development Canada | |
| President | Farm Credit Canada | |
| Director | First Nations Financial Management Board | |
| Member | Historic Sites and Monuments Board of Canada | |
| Commissioner | International Commission on the Conservation of Atlantic Tunas | |
| 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 | |
| Chairperson | National Arts Centre Corporation | |
| Member | National Capital Commission | |
| Government Film Commissioner | National Film Board | |
| Trustee | National Museum of Science and Technology | |
| Canadian Representative | North Atlantic Salmon Conservation Organization | |
| Canadian Representative | North Pacific Anadromous Fish Commission | |
| Federal Ombudsman for Victims of Crime | Office of the Federal Ombudsman for Victims of Crime | |
| Member | Pacific Pilotage Authority | |
| Chairperson | Patented Medicine Prices Review Board | |
| Member | Payments in Lieu of Taxes Dispute Advisory Panel | |
| Chairperson | Royal Canadian Mounted Police Management Advisory Board | |
| Member | Royal Canadian Mounted Police Management Advisory Board | |
| Vice-Chairperson | Royal Canadian Mounted Police Management Advisory Board | |
| Deputy Registrar | Supreme Court of Canada | |
| Executive Director | Telefilm Canada |