Canada Gazette, Part I, Volume 157, Number 3: GOVERNMENT NOTICES

January 21, 2023

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 21338

Ministerial condition
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance sulfonic acids, branched alkane hydroxy and branched alkene, sodium salts, Confidential Substance Identity Number 18520-7;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.

Marc D’Iorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment

ANNEX

Conditions
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

“engineered hazardous waste landfill facility”

means a facility that is part of an overall integrated hazardous waste management system where wastes that do not require additional treatment or processing are sent and where hazardous materials are confined or controlled for the duration of their effective contaminating lifespan;

“notifier”

means the person who has, on August 19, 2022, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999 (the Act);

“substance”

means sulfonic acids, branched alkane hydroxy and branched alkene, sodium salts, Confidential Substance Identity Number 18520-7; and

“waste”

means the following:

• (a) effluents that result from the manufacture of products with the substance;
• (b) effluents that result from rinsing equipment or vessels used for transportation of the substance;
• (c) disposable vessels used for the substance;
• (d) spillage that contains the substance;
• (e) process effluents that contain the substance; and
• (f) any residual quantity of the substance in any equipment or vessel.

2. The notifier may manufacture or import the substance in accordance with the present ministerial conditions.

Restrictions

3. The notifier may import the substance only to use it to inject in petroleum reservoirs for oil production operations.

4. The notifier shall transfer the physical possession or control of the substance only to a person who agrees to use it in accordance with section 3.

5. At least 120 days prior to the manufacture of the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:

• (a) the information specified in item 8 of Schedule 5 to the New Substances Notification Regulations (Chemicals and Polymers) [the Regulations];
• (b) the information specified in paragraph 11(b) of Schedule 6 to the Regulations;
• (c) the address of the manufacturing facility in Canada; and
• (d) the following information related to the manufacturing process of the substance in Canada:
  • (i) a brief description of the manufacturing process that details the precursors of the substance, the reaction stoichiometry and the nature (batch or continuous) and scale of the process,
  • (ii) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers, and
  • (iii) a brief description of the major steps in manufacturing operations, the chemical conversions, the points of entry of all reactants and the points of release of the substance, and the processes to eliminate environmental releases.

Disposal of the substance

6. The notifier must collect any waste in their physical possession or under their control and destroy or dispose of it in the following manner:

• (a) deep-well injection in accordance with the laws of the jurisdiction where the well is located;
• (b) incineration in accordance with the laws of the jurisdiction where the incineration facility is located; or
• (c) deposition in an engineered hazardous waste landfill facility, in accordance with the laws of the jurisdiction where the facility is located.

Environmental release

7. Where any release of the substance or waste to the environment occurs, other than the use of the substance in accordance with section 3, the notifier shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the notifier shall, as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Act.

Other requirements

8. The notifier shall, prior to transferring the physical possession or control of the substance or waste to any person,

• (a) inform the person, in writing, of the terms of the present ministerial conditions; and
• (b) obtain, prior to the first transfer of the substance or waste, written confirmation from this person that they were informed of the terms of the present ministerial conditions.

Record-keeping requirements

9. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

• (a) the use of the substance;
• (b) the quantity of the substance that the notifier manufactures, imports, purchases, sells and uses;
• (c) the name and address of each person to whom the notifier transfers the physical possession or control of the substance;
• (d) the name and address of each person in Canada who has disposed of the substance or of the waste, the method used to do so, and the quantities of the substance or waste shipped to that person; and
• (e) the written confirmation referred to in section 8.

(2) The notifier shall maintain the electronic or paper records mentioned in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.

Coming into force

10. The present ministerial conditions come into force on December 28, 2022.

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Guidelines for Canadian Drinking Water Quality – Malathion

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the final Guidelines for Canadian Drinking Water Quality – Malathion. The technical document for these guidelines is available on the Water Quality website. This document underwent a public consultation period of 60 days that ended in May 2021 and was updated taking into consideration the comments received.

January 21, 2023

Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Guideline value

The maximum acceptable concentration (MAC) for malathion in drinking water is 0.29 mg/L (290 μg/L).

Executive summary

This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and is based on assessments of malathion completed by Health Canada’s Pest Management Regulatory Agency and supporting documents.

Exposure

Malathion is a registered insecticide and acaricide used on a wide variety of sites including agricultural and non-agricultural sites. In 2018 (the most recent year for which data are available), over 25 000 kg of malathion was sold in Canada (Health Canada, 2020). Malathion may be released into surface water or soil as runoff from the application site.

Malathion is not usually found in drinking water sources in Canada. Low levels of malathion have been found in several Canadian provinces. The maximum reported concentrations are well below the MAC. Malathion is rarely detected in foods.

Health effects

Animal studies indicate that the kidney is the most sensitive target organ for malathion toxicity. There are no human studies on the effects of malathion on the kidney. The MAC of 0.29 mg/L (290 µg/L) is based on an increase in severity of chronic kidney effects seen in a two-year rat study.

Analytical and treatment considerations

The establishment of drinking water guidelines takes into consideration the ability to both measure the contaminant and remove it from drinking water supplies. Several analytical methods are available for measuring malathion in water at concentrations well below the MAC.

At the municipal level, treatment technologies are available to effectively decrease malathion concentrations in drinking water supplies. Activated carbon, membrane filtration, oxidation, and advanced oxidation processes can all be used in the treatment of malathion in drinking water. Advanced oxidation processes achieve the highest removal, with lower removals achieved through oxidation. When using degradation processes like oxidation or advanced oxidation processes, water utilities should be aware of the potential for the formation of degradation by-products (e.g. malaoxon). Pilot- and/or bench-scale testing are recommended prior to full-scale implementation.

In cases where malathion removal is desired at a small-system or household level, for example when the drinking water supply is from a private well, a residential drinking water treatment unit may be an option. Although there are no treatment units currently certified for the removal of malathion from drinking water, activated carbon adsorption and reverse osmosis technologies are expected to be effective. When using a residential drinking water treatment unit, it is important to take samples of water entering and leaving the treatment unit and send them to an accredited laboratory for analysis to ensure that adequate malathion removal is occurring.

Application of the guidelines

Note: Specific guidance related to the implementation of drinking water guidelines should be obtained from the appropriate drinking water authority.

The guideline value for malathion is protective against health effects from exposure to malathion in drinking water over a lifetime. Any exceedance of the MAC should be investigated and followed by the appropriate corrective actions if required. For exceedances in source water where there is no treatment in place, additional monitoring to confirm the exceedance should be conducted. If it is confirmed that source water malathion concentrations are above the MAC, then an investigation to determine the most appropriate way to reduce exposure to malathion should be conducted. This may include the use of an alternate water supply or the installation of treatment. Where treatment is already in place and an exceedance occurs, an investigation should be conducted to verify the treatment and determine if adjustments are needed to lower the treated water concentration below the MAC.

DEPARTMENT OF JUSTICE

CRIMINAL CODE

Designation Under Subparagraph 320.4(b)(i) of the Criminal Code

The Attorney General of Canada, under subparagraph 320.4(b)(i) of the Criminal Code, for the purposes of Part VIII.1 of that Act,

• (a) revokes the designation made on August 11, 1986, and published in the Canada Gazette, Part I, on August 30, 1986, of the class of persons referred to in that designation as qualified technicians to take samples of blood in and for the Yukon Territory and the Northwest Territories; and
• (b) designates the following classes of persons as qualified technicians to take samples of blood with respect to Yukon, the Northwest Territories and Nunavut:
  • (i) any person who is registered or licensed as a registered nurse or nurse practitioner in any province and who is qualified to take samples of blood, and
  • (ii) any person who is duly qualified as a medical laboratory technologist, medical laboratory assistant, medical laboratory technician, phlebotomist, combined laboratory and X-ray technician or technologist or paramedic in any province and who is qualified to take samples of blood.

Ottawa, December 14, 2022

David Lametti
Attorney General of Canada

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 74

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 74 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 under sections 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act ^{footnote f};

And whereas, in accordance with subsection 6.41(1.2)^{footnote g} of that Act, the Minister of Transport has consulted with the persons and organizations that the 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. 74 under subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}.

Ottawa, January 4, 2023

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 74

Interpretation

Definitions

1 (1) The following definitions apply in this Interim Order.

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 produces a result that 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 produces a result that 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)

COVID-19 test

means either

• (a) a COVID-19 molecular test, or
• (b) a COVID-19 antigen test. (essai relatif à la COVID-19)

Regulations

means the Canadian Aviation Regulations. (Règlement)

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)

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.

COVID-19 Tests

Application

2 This Interim Order applies to a private operator or air carrier operating a flight referred to in subsection 2(1) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order.

Prohibition

3 (1) Beginning at 00:01:00 a.m. Eastern Standard Time on January 5, 2023, a private operator or air carrier must not permit a person to board an aircraft for a flight that they operate if the person does not provide evidence that they received

• (a) a negative result for a COVID-19 test that was performed on a specimen collected no more than 2 days before the flight’s initial scheduled departure time; or
• (b) a positive result for a COVID-19 test that was performed on a specimen collected at least 10 days and no more than 90 days before the flight’s initial scheduled departure time.

Exception

(2) However, a person listed in any of paragraphs 2(2)(a) to (g) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order is not required to provide the evidence referred to in subsection (1).

Evidence of COVID-19 test

4 Evidence of a result for a COVID-19 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.

Designated Provision

Designation

5 (1) The provision of this Interim Order set out in column 1 of the schedule is designated as a provision 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 provision 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.

SCHEDULE

(Subsections 5(1) and (2))

Designated Provision

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 3(1)	5,000	25,000

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	Asia-Pacific Foundation of Canada
Director	Atomic Energy of Canada Limited
Director	Bank of Canada
Chairperson	Business Development Bank of Canada
Director	Business Development Bank of Canada
Director	Canada Council for the Arts
Director	Canada Deposit Insurance Corporation
Director	Canada Foundation for Sustainable Development Technology
President	Canada Lands Company Limited
Director	Canada Post Corporation
Director	Canada Revenue Agency
Chairperson	Canadian Air Transport Security Authority
Chief Executive Officer	Canadian Air Transport Security Authority
Director	Canadian Commercial Corporation
Member	Canadian Cultural Property Export Review Board
Director	Canadian Energy Regulator
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
Pay Equity Commissioner	Canadian Human Rights Commission
Member	Canadian Human Rights Tribunal
Member	Canadian Institutes of Health Research
Secretary	Canadian Intergovernmental Conference Secretariat
Trustee	Canadian Museum of Immigration at Pier 21
Chairperson	Canadian Museum of Nature
Permanent Member	Canadian Nuclear Safety Commission
President	Canadian Nuclear Safety Commission
Member	Canadian Statistics Advisory Council
Member	Canadian Transportation Agency
Special Representative on Combatting Islamophobia	Department of Canadian Heritage
Chairperson	Export Development Canada
Director	Export Development Canada
Director	First Nations Financial Management Board
Deputy Administrator	Fund for Railway Accidents Involving Designated Goods
Member	Historic Sites and Monuments Board of Canada
Commissioner	International Commission on the Conservation of Atlantic Tunas
President	International Development Research Centre
Commissioner	International Joint Commission
Director	Invest in Canada Hub
Commissioner	Law Commission of Canada
President	Law Commission of Canada
Chairperson	Military Grievances External Review Committee
Vice-Chairperson	Military Grievances External Review Committee
Chairperson	National Arts Centre Corporation
Chairperson	National Capital Commission
Member	National Capital Commission
Member	National Farm Products Council
Vice-Chairperson	National Farm Products Council
Director	National Gallery of Canada
Member	Net-Zero Advisory Body
Canadian Representative	North Atlantic Salmon Conservation Organization
Canadian Representative	North Pacific Anadromous Fish Commission
Public Sector Integrity Commissioner	Office of the Public Sector Integrity Commissioner
Member	Pacific Pilotage Authority
Chairperson	Patented Medicine Prices Review Board
Commissioner	Public Service Commission
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
Principal	Royal Military College of Canada
Deputy Administrator	Ship-source Oil Pollution Fund
Executive Director	Telefilm Canada
Chief Executive Officer	VIA Rail Canada Inc.
Chief Executive Officer	Windsor-Detroit Bridge Authority