Canada Gazette, Part I, Volume 151, Number 43: GOVERNMENT NOTICES

October 28, 2017

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 benzenamine, 4,4′-[(1-methylethylidene)bis (4,1-phenyleneoxy)]bis-

Whereas the substance benzenamine, 4,4′-[(1methylethylidene)bis(4,1-phenyleneoxy)]bis- (Chemical Abstracts Service [CAS] Registry No. 13080-86-9) is specified on the Domestic Substances List (see 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 (see footnote 2) and on July 6, 2013, published in the Canada Gazette, Part I, for a 60-day public comment period, a summary of the results of the draft screening assessment report;

Whereas the ministers are satisfied that the substance is, in any one calendar year, not being manufactured in Canada by any person in a quantity of more than 100 kg and is being imported into Canada by any person in a quantity of more than 100 kg only for a limited number of uses;

And whereas the ministers suspect that the information concerning a significant new activity in relation to this 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 the 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 be sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Ottawa, Ontario K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

The final screening assessment for the substance may be obtained from the Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html).

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.

George Enei
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:

13080-86-9

2. Part 2 of the Domestic Substances List is proposed to be amended by adding the following in numerical order:

Column 1

Substance

Column 2

Significant new activity for which substance is subject to subsection 81(3) of the Act

13080-86-9 S′
  1. In relation to the substance in Column 1 opposite to this section, in any one calendar year, any activity involving more than 1 000 kg of the substance, including the use of the substance as a research and development substance or a site-limited intermediate substance as the expressions “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), or as an export-only substance.
  2. Despite item 1, the use of less than 10 000 kg of the substance, in any one calendar year, in a spray booth equipped to capture overspray is not a significant new activity.
  3. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the commencement of the proposed significant new activity:
    • (a) a description of the proposed significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) if known, the three sites in Canada where the greatest quantity of the substance is anticipated to be used or processed and the estimated quantity by site;
    • (d) a description of the products and, if known, of the end-use products that are anticipated to contain the substance, the intended use of those products and the function of the substance in those products;
    • (e) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (f) the information specified in paragraphs 2(d) to (f), 3(e), 3(f), 8(a) to (d), 8(f), 8(g), and 10(d) of Schedule 5 to those Regulations;
    • (g) the information specified in paragraph 11(b) of Schedule 6 to those Regulations;
    • (h) a flow diagram of the manufacturing, operational, import and export process and its steps, including features such as process tanks, holding tanks and distillation towers;
    • (i) a description of the stages in the manufacturing, operational, import or export process where emissions or discharges to the environment may occur, the quantities and concentrations released, the physical form of the substance for each location into which the substance will be released and the anticipated frequency, duration and rate of release, if applicable;
    • (j) a description of the waste management practices implemented at the facility where the significant new activity would occur to prevent or minimize release of the substance in effluents and emissions, including
      • (i) the quantity of the substance, in effluents and emissions, expected to be released to the environment, including average and peak concentrations, if applicable,
      • (ii) if the substance is anticipated to be released into municipal waste water systems, the name and address of the municipal treatment facilities, the name of the receiving water(s) and the location(s) of the point of release, as well as the total quantity of the substance in kilograms per day anticipated to be released at each location,
      • (iii) if waste containing the substance is anticipated to be released to surface waters, the name of the receiving water(s) and the location(s) of the point of release, as well as the total quantity in kilograms per day anticipated to be released, and
      • (iv) if waste containing the substance is anticipated to be treated on site, a description of the treatment system, the total quantity in kilograms per year of anticipated releases, the percentage of the substance removed, and the name of the receiving water(s) and the location(s) of the point of release;
    • (k) a description of whether the proposed significant new activity involves an industrial or commercial use of the substance or if the substance will be used in a consumer product;
    • (l) a description of whether the proposed significant new activity is highly dispersive or non-dispersive of the substance, or if the substance is contained or consumed;
    • (m) a description of the methods to be used by the person proposing the significant new activity for the substance's destruction or disposal for industrial, commercial and consumer applications, including
      • (i) the total quantity in kilograms per year of the substance disposed of by each method,
      • (ii) a description of the types of waste containing the substance and the expected quantity in kilograms per year of each type of waste,
      • (iii) a description of the treatment and disposal method used for containers that have been used for the substance,
      • (iv) the classification under provincial laws of the waste containing the substance, and
      • (v) the site of disposal of the waste;
    • (n) the data and report from a chronic toxicity study in respect of the substance, conducted according to the methodology described in the Organization for Economic Co-operation and Development (OECD) Test Guideline No. 234 titled Fish Sexual Development Test. The study must be conducted with Japanese medaka or zebrafish and a minimum of five test concentrations should be tested to ensure reliable no-observed-effect-concentration / effect-concentration x (NOEC/ECx);
    • (o) a summary of all other information and test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they ought to have access and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (p) the identification of every other government agency, either outside or within Canada, that the person proposing the significant new activity has notified of the substance and, if known, the agency's file number, the outcome of the assessment and the risk management actions in relation to the substance imposed by those agencies;
    • (q) the name, civic and postal addresses, and telephone number and, if any, the fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada that is authorized to act on their behalf; and
    • (r) a certification that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are resident in Canada or, if not, by the person resident in Canada that is authorized to act on their behalf.
  4. The study described in paragraph 3(n) must be in conformity with the practices described in the OECD Principles of Good Laboratory Practice set out in Annex 2 of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, where the Principles of Good Laboratory Practice are current at the time the test data are developed.
  5. The above-mentioned information will be assessed within 90 days after the day on which it is received by the Minister.

Coming into Force

3. This Order would come into force on the day on which it is registered.

EXPLANATORY NOTE

(This explanatory note is not part of the Notice of Intent.)

Description

This Notice of Intent (NOI) is an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL) to apply the significant new activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (CEPA) (see footnote 3) to the substance benzenamine, 4,4′-[(1-methylethylidene)bis(4,1- phenyleneoxy)]bis- (also known as BAPP, Chemical Abstracts Service [CAS] Registry No. 13080-86-9), pursuant to subsection 87(3) of that Act.

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 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.

Information gathering methods other than the use of the SNAc provisions were considered, including adding the substance to the list of substances subject to inventory updates under CEPA, voluntary surveys, and reporting to the National Pollutant Release Inventory (NPRI). However, these tools would collect information after the substance may have been used in significant new activities. This could potentially lead to exposure levels of concern.

Applicability of the proposed Order

It is proposed that the Order amending the DSL would require any person (individual or corporation) engaging in a significant new activity in relation to BAPP to submit a Significant New Activity notification (SNAN) containing all of the information prescribed in the Order at least 90 days prior to the import, manufacture, or use of the substance for the significant new activity.

In order to address environmental concerns, the Order would target any activity involving, in any calendar year, more than 1 000 kg of BAPP, including the use of the substance as a research and development substance, a site-limited intermediate substance, or an export-only substance. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). (see footnote 4) An export-only substance is a substance that is manufactured or imported in Canada and destined solely for foreign markets. If the substance is used in a spray booth equipped with filters to capture overspray, notification would only be required if 10 000 kg or more of the substance is used in any given calendar year.

Activities not subject to the proposed Order

Any activity involving the use of BAPP would not be subject to the Order if the total volume of the substance is 1 000 kg or less in a calendar year. For activities involving more than 1 000 kg of the substance during a calendar year, the Order would not apply if the substance is used in a spray booth equipped with filters to capture overspray and the total volume of the substance is less than 10 000 kg.

In addition, 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 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 Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information. (see footnote 5)

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 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 to conduct human health and environmental assessments within 90 days after the complete information is received.

The information requirements in the NOI relate to general information in respect of the substance, 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).

Information requirements in addition to those found in the New Substances Notification Regulations (Chemicals and Polymers) are proposed in order to assess the potential ecological effects of BAPP, which are expected based on its possible aquatic ecotoxicity. These requirements include, but are not limited to, test data and test reports from a chronic toxicity study in respect of the substance. These requirements also include details on the waste management practices with respect to the substance notified in the SNAN.

Additional guidance on preparing a SNAN can be found in section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Compliance

When assessing whether or not a substance is subject to the SNAc provisions, (see footnote 6) a person is expected to make use of information in their possession or to which they ought to have access. The phrase “to which they ought to have access” 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). (see footnote 7)

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 this substance is toxic or capable of becoming toxic, the person who is in possession, or has knowledge, 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.

A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN. The Substances Management Advisory Note “Clarification in relation to the submission of Significant New Activity notifications in application of the Canadian Environmental Protection Act, 1999,” (see footnote 8) provides more detail on this subject.

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.

A pre-notification consultation (PNC) is recommended for notifiers who wish to consult 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 discuss their particular circumstances by contacting the Substances Management Information Line. (see footnote 9)

CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. (see footnote 10) In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, potential harm, intent, and history of compliance.

[43-1-o]

DEPARTMENT OF THE ENVIRONMENT

WILD ANIMAL AND PLANT PROTECTION AND REGULATION OF INTERNATIONAL AND INTERPROVINCIAL TRADE ACT

Notice of intent to amend Schedule II of the Wild Animal and Plant Trade Regulations

Notice is hereby given that the Minister of the Environment intends to recommend to the Governor in Council amendments to the Wild Animal and Plant Trade Regulations (WAPTR), under the authority of subsection 21(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA), in order to restrict the importation of salamanders into Canada.

Salamanders play a critical role in the health of Canadian ecosystems, most notably in nutrient and carbon cycling. Batrachochytrium salamandrivorans (Bsal) is a disease-causing fungus that has been devastating native salamander populations in Europe. It is believed to have originated in East Asia and to have been introduced into Europe through the international pet trade. If the fungus were to reach Canada, it is likely that the impacts on native salamander species would also be severe.

On May 12, 2017, the Government of Canada implemented a temporary one-year import restriction on the order Caudata, which includes all salamander species. The order Caudata currently includes approximately 700 living species of salamanders, some of which are also commonly known as newts or mudpuppies. The purpose of the temporary import restriction is to help prevent the introduction of Bsal into Canadian ecosystems while longer-term options are explored. The temporary import restriction expires on May 11, 2018.

The best available scientific information indicates that Bsal will continue to pose an ongoing and significant conservation threat to Canadian salamanders at least in the near term. Therefore, the Minister of the Environment intends to recommend to the Governor in Council that the importation of species in the order Caudata continues to be restricted by adding the order Caudata to Schedule II of the WAPTR.

As a result of this proposed regulatory amendment, the importation into Canada of all species of the order Caudata, whether living or dead, and including their eggs, sperm, tissue culture or embryos, or any part or derivative of a species of the order Caudata, would be prohibited unless authorized by a permit issued by the Minister of the Environment.

Prohibiting the importation of all species of salamander unless authorized by a permit would be consistent with the precautionary principle, and would take into consideration the evolving understanding of the disease.

To support such a regulatory amendment, a permitting policy would be developed and would evolve as new scientific data about Bsal transmission and species susceptibility emerges. The permitting policy would provide guidance on what factors the Minister may consider in deciding whether to issue an import permit. These factors may include, among others, whether a species is believed to be susceptible to the fungus and the region from which the species will be imported. The permitting policy will be posted on the Government of Canada website to facilitate Canadians' awareness and compliance with the import restriction and associated permitting requirements.

The Minister intends to recommend to the Governor in Council that the Regulations should come into force on May 12, 2018, the day after the expiry of the current one-year prohibition on the importation of salamanders. Additional information on the existing import restriction for salamanders can be found at http://www.ec.gc.ca/cites/default.asp?lang=En&n=0FC40F59-1.

Comments on this proposed regulatory approach can be submitted by November 28, 2017, to Caroline Ladanowski, Director, Wildlife Management and Regulatory Affairs Division, Canadian Wildlife Service, Environment and Climate Change Canada, 351 Saint-Joseph Boulevard, 16th Floor, Gatineau, Quebec K1A 0H3, email: ec.ReglementsFaune-WildlifeRegulations.ec@canada.ca.

Robert McLean
Director General
Assessment and Regulatory Affairs
Canadian Wildlife Service
Environment and Climate Change Canada

[43-1-o]

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Canadian Ambient Air Quality Standards for sulphur dioxide

Whereas the Minister of the Environment wishes to set ambient air quality standards issued as environmental quality objectives specifying goals or purposes for pollution prevention or environmental control that lead to improved air quality and healthier communities, and protect the environment;

Whereas the Minister of Health wishes to preserve and improve public health;

Whereas the ministers have worked collaboratively with provinces and territories, Indigenous peoples' representatives, and stakeholders from industry, health, and environmental organizations through a consensus-based process under the Canadian Council of Ministers of the Environment (CCME) for the development of the Canadian Ambient Air Quality Standards (CAAQS) for sulphur dioxide;

Whereas the Minister of the Environment has offered to consult provincial and territorial governments and members of the National Advisory Committee of the Canadian Environmental Protection Act, 1999 who are representatives of Indigenous peoples, in compliance with subsection 54(3) of the Act;

Whereas at least 60 days have elapsed following the day on which the Minister of the Environment offered to consult in accordance with subsection 54(3) of the Act;

And whereas the objectives for sulphur dioxide relate to the environment, an area identified in paragraph 54(2)(a) of the Act, and to elements of the environment that may affect the life and health of Canadians, as specified in subsection 55(1) of the Act;

Now, therefore, the Minister of the Environment, pursuant to subsection 54(1) of the Act, and the Minister of Health, pursuant to subsection 55(1) of the Act, issue these objectives for ambient sulphur dioxide as described in the Annex.

October 28, 2017

Catherine McKenna
Minister of the Environment

Ginette Petitpas Taylor
Minister of Health

ANNEX

1. The Canadian Ambient Air Quality Standards (CAAQS) for sulphur dioxide (SO2) (see footnote 11) are based on three inter-related elements:

2. The CAAQS for SO2 are provided in the table below.
Averaging Time Numerical Values Statistical Form
Year 2020 Year 2025
1 hour 70 ppb (see footnote 12*) 65 ppb The three-year average of the annual 99th percentile of the daily-maximum 1-hour average concentrations.
Annual (1 year) 5.0 ppb 4.0 ppb The average over a single calendar year of all the 1-hour average concentrations.

3. The CAAQS for SO2 for the year 2020 come into effect on the day following their publication in the Canada Gazette, Part I, and remain in effect until 11:59 p.m. on December 31, 2024.

4. The CAAQS for SO2 for the year 2025 will come into effect as of 12:00 a.m. on January 1, 2025.

5. A review of the CAAQS for SO2 will be undertaken periodically.

6. The National Ambient Air Quality Objectives for sulphur dioxide (maximum desirable, maximum acceptable, maximum tolerable) that were published in the Canada Gazette, Part I, on August 12, 1989, are rescinded on the day of publication of this notice in the Canada Gazette.

EXPLANATORY NOTE

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

Exposure to sulphur dioxide (SO2) in the air is associated with both direct and indirect effects on human health and the environment. Direct inhalation of SO2 can affect human health by harming respiratory function, and is especially problematic for people with pre-existing respiratory problems. The evidence indicates that upon exposure to SO2, individuals with compromised respiratory health are more likely to suffer from respiratory symptoms, including an increased likelihood of asthma attacks. SO2 can impact elements of ecosystems directly through uptake of airborne SO2, and indirectly through wet and dry deposition of sulphur-containing (acidifying) compounds. SO2 can harm trees and plants by damaging foliage and decreasing growth. When SO2 combines with water vapour, it forms sulphuric acid, which is the main component of acid rain. Acid rain can be deposited onto soils and surface waters and can cause deforestation, acidify rivers and lakes to the detriment of aquatic life, and corrode buildings, bridges and other infrastructure. Continued deposition of acidic compounds (especially at levels beyond what the ecosystems can tolerate) can lead to significant stress to the environment. The latest scientific information supports the need for both short-term (one hour) and long-term (annual) ambient air quality standards for SO2 to address these effects on human health and the environment.

SO2 is also a precursor pollutant that contributes to the formation of fine particulate matter (PM2.5) for which Canadian Ambient Air Quality Standards (CAAQS) were published in the Canada Gazette, Part I, on May 25, 2013. Exposure to PM2.5 increases the risk of adverse human health effects contributing to respiratory and cardiovascular disease and premature death. PM2.5 can impair visibility and cause haze in some parts of Canada, which can result in substantial economic losses from tourism and recreational activities.

The CAAQS were developed considering health and environmental impacts and are intended to drive continuous improvement of air quality in Canada. The CAAQS were developed collaboratively by Health Canada, Environment and Climate Change Canada, provinces, territories, Indigenous peoples' representatives, and stakeholders from industry, health, and environmental organizations through a consensus-based process under the Canadian Council of Ministers of the Environment (CCME).

The CAAQS are a key element of the Air Quality Management System (AQMS), a collaborative approach implemented by federal, provincial and territorial governments for improving air quality in Canada and to protect the health of Canadians and the environment. As part of the continuing implementation of AQMS, CCME endorsed the CAAQS for SO2 in October 2016.

The AQMS is comprehensive, considering all significant sources of air pollutant emissions, and providing a consistent, yet flexible, framework to implement air quality management actions. These actions are guided by the Air Zone Management Framework (see footnote 13) of CCME, which includes four air quality management levels that encourage progressively more rigorous actions by jurisdictions as air quality approaches or exceeds the CAAQS, thereby ensuring that the CAAQS are not pollute-up-to levels.

The management levels for the CAAQS for SO2 are summarized in the table below.

Air quality management levels (see footnote 14) and goals Range of Ambient Air Pollutant Concentrations
SO2
1-hour CAAQS (see footnote 15*)
(ppb)
SO2
Annual CAAQS (see footnote 16*)
(ppb)
2020 2025 2020 2025
RED
Reduce ambient pollutant concentrations below the CAAQS
>70 >65 >5.0 >4.0
ORANGE
Prevent CAAQS exceedance
>50 and ≤70 >50 and ≤65 >3.0 and ≤5.0 >3.0 and ≤4.0
YELLOW
Prevent air quality deterioration
>30 and ≤50 >2.0 and ≤3.0
GREEN
Keep clean areas clean
≤30 ≤2.0

To assist in the management of the air quality, provinces and territories have delineated their jurisdictions into local areas called air zones that have different air quality characteristics that are influenced by the number and type of air pollutant sources, meteorology and topography. Provinces and territories lead air quality management actions in the air zones, guided by a number of guidance documents developed by CCME in consultation with stakeholders.

Under the AQMS, federal, provincial and territorial governments have agreed to report regularly on air quality and on the management actions undertaken to improve air quality.

[43-1-o]

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of two substances in the Alkyl Aryl Phosphites Group — phosphorus acid, 2-ethylhexyl diphenyl ester (2-ethylhexyl diphenyl phosphite [EHDPP]), CAS RN (see footnote 17) 15647-08-2; and phosphorus acid, diisodecyl phenyl ester (diisodecyl phenyl phosphite [DIDPP]), CAS RN 25550-98-5 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas EHDPP and DIDPP are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on EHDPP and DIDPP pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that the substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on the substances at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc. substances.eccc@canada.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the draft screening assessment of two substances in the Alkyl Aryl Phosphites Group

Pursuant to section 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 two substances referred to collectively under the Chemicals Management Plan as the Alkyl Aryl Phosphites Group. These two substances were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA. The Chemical Abstracts Service Registry Numbers (CAS RN) of the substances, their Domestic Substances List (DSL) names and their common names or acronyms are listed in the table below.

Substances in the Alkyl Aryl Phosphites Group
CAS RN DSL name Common name (acronym)

15647-08-2

Phosphorus acid, 2-ethylhexyl diphenyl ester

2-Ethylhexyl diphenyl phosphite (EHDPP)

25550-98-5

Phosphorus acid, diisodecyl phenyl ester

Diisodecyl phenyl phosphite (DIDPP)

In 2011, there were no reports of manufacture for EHDPP (CAS RN 15647-08-2) above the reporting threshold of 100 kg in response to a survey conducted under section 71 of CEPA, and between 100 and 1 000 kg of EHDPP were imported into Canada. There were no reports of manufacture for DIDPP (CAS RN 25550-98-5) above the reporting threshold of 100 kg in 2008, and between 28 200 and 82 000 kg of DIDPP were imported into Canada for the same year. Both substances are primarily used as a secondary antioxidant for processing polymeric or plastic materials and residual levels may be present in final products and manufactured items.

The ecological risks of EHDPP and DIDPP were characterized using the ecological risk classification of organic substances (ERC). The ERC is a risk-based approach that employs multiple metrics for both hazard and exposure based on weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are established based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances based on their hazard and exposure profiles. The ERC identified EHDPP and DIDPP as having low potential to cause ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to organisms and the broader integrity of the environment from EHDPP and DIDPP. It is proposed to conclude that EHDPP and DIDPP 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.

The risks to human health for EHDPP and DIDPP were characterized based on available health effects and exposure information. General population exposure to both substances is mainly by contact with manufactured plastic items. Dermal and oral (i.e. mouthing behaviour of infants) exposures were considered to be the primary routes of exposure. To inform the human health effects assessment for these substances, data on analogues triphenyl phosphite (TPP, CAS RN 101-02-0) and triisodecyl phosphite (TIDP, CAS RN 25448-25-3) were taken into consideration. The critical health effects for EHDPP and DIDPP were increased mortality and reduced pup body weight in the presence of significant maternal toxicity (e.g. ataxia) in laboratory studies in rats conducted with TPP. On the basis of a comparison of exposure estimates and critical effect levels identified in health effects studies, margins of exposure were considered to be adequate to address uncertainties in the human health effects and exposure databases.

Based on the information presented in this draft screening assessment, it is proposed to conclude that EHDPP and DIDPP do not meet the criteria under paragraph 64(c) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed conclusion

It is proposed to conclude that EHDPP and DIDPP do not meet any of the criteria set out in section 64 of CEPA.

The draft screening assessment for these substances is available on the Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html).

[43-1-o]

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after screening assessment of a substance — benzenamine, 4,4′-[(1-methylethylidene)bis(4,1-phenyleneoxy)]bis- (BAPP), CAS RN (see footnote 18) 13080-86-9 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas BAPP is a substance on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the screening assessment conducted on the substance pursuant to section 74 of the Act is annexed hereby;

Whereas it is concluded that the substance does not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on the substance at this time under section 77 of the Act.

Notice is further given that the Minister of the Environment intends to amend 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 this substance.

Catherine McKenna
Minister of the Environment

Ginette Petitpas Taylor
Minister of Health

ANNEX

Summary of the screening assessment of BAPP

Pursuant to section 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 benzenamine, 4,4′-[(1-methylethylidene)bis(4,1-phenyleneoxy)]bis-, hereinafter referred to as BAPP. The Chemical Abstracts Service Registry Number (CAS RN (see footnote 19)) for BAPP is 13080-86-9. This substance was identified as a priority for assessment as it met categorization criteria under subsection 73(1) of CEPA.

BAPP is not naturally occurring in the environment. In 2006, 250 kg of BAPP were imported into Canada for use mainly as an additive in a corrosion inhibiting structural adhesive bonding primer for aerospace applications. In 2010, the quantity of BAPP in commerce in Canada was approximately 500 kg.

Based on reported use patterns and certain assumptions, most of the substance (66.5%) is sprayed onto aircraft parts and is chemically transformed after subsequent curing. Some proportions that do not reach aircraft parts are estimated to be released to sewer following treatment at a hazardous waste treatment facility (4.5%), to air (1.5%) and to landfill/incineration (27.5%). BAPP has low solubility in water, negligible volatility and a tendency to partition to particles because of its hydrophobic nature. For these reasons, this substance is expected to ultimately be found mostly in sediments or in soil depending on the medium to which it is released. It is not expected to be significantly present in the other media. It is also not expected to be subject to long-range atmospheric transport.

Based on the results of structure-activity relationship predictions, BAPP is not expected to degrade quickly in the environment. It persists in water, soil and sediments. This substance also has the potential to accumulate in organisms and may biomagnify in trophic food chains. In addition, modelled acute and chronic aquatic toxicity values indicate that the substance is highly hazardous to aquatic organisms. It has also been identified as having a strong estrogenic receptor binding potential.

Based on the small amount of BAPP imported into Canada, its use patterns and the handling and disposal practices currently in place, ecological exposure to this substance in Canada resulting from commercial activity is expected to be very low. Considering all available lines of evidence presented in this screening assessment, there is low risk of harm to organisms and the broader integrity of the environment from BAPP. It is concluded that BAPP does not meet the criteria under paragraph 64(a) or (b) of CEPA as it is 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.

Very little empirical health effects information was identified for BAPP. The outputs of quantitative structure-activity relationship predictions indicate potential hazardous properties (i.e. genotoxicity, carcinogenicity). Exposure of the general population to BAPP through environmental media and food is expected to be negligible. General population exposure to BAPP from use of products available to consumers is not expected. As exposure to the general population through environmental media in Canada is expected to be negligible, the risk to human health is considered to be low. Based on the information presented in this screening assessment, it is concluded that BAPP does not meet the criteria under paragraph 64(c) of CEPA as it is 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.

Conclusion

It is concluded that BAPP does not meet any of the criteria set out in section 64 of CEPA.

Considerations for follow-up

Because BAPP is listed on the Domestic Substances List (DSL), its 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. However, since BAPP is considered to have environmental effects of concern, there is a concern that new activities that have not been identified or assessed could lead to BAPP meeting the criteria set out in section 64 of CEPA. Therefore, the Government of Canada is proposing 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 BAPP.

A significant new activity can include an activity that is not currently occurring or an existing activity involving a different quantity or occurring 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, and for the government to assess, specific information when a person proposes 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 a significant new activity, could pose a risk to the environment or human health and, if so, whether risk management is required.

The assessment report for this substance is available on Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html).

[43-1-o]

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after screening assessment of a substance — benzene, 1-chloro-2-[2,2-dichloro-1-(4-chlorophenyl)ethyl]- (mitotane), CAS RN (see footnote 20) 53-19-0 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas mitotane is a substance on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the screening assessment conducted on the substance pursuant to section 74 of the Act is annexed hereby;

Whereas it is concluded that the substance meets one or more of the criteria set out in section 64 of the Act;

And whereas the Minister of the Environment and the Minister of Health (the ministers) are satisfied that the criteria in subsections 77(3) and 77(4) of the Act are met,

Notice therefore is hereby given that the ministers propose to recommend to Her Excellency the Governor in Council that this substance be added to Schedule 1 to the Act.

Notice is furthermore given that the ministers are releasing a proposed risk management approach document for this substance on the Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html) to continue discussions with stakeholders on the manner in which the ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance.

Public comment period on the proposed risk management approach document

Any person may, within 60 days after publication of the proposed risk management approach document, file with the Minister of the Environment written comments on the proposed risk management approach document. More information regarding the proposed risk management approach may be obtained from the Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

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.

Catherine McKenna
Minister of the Environment

Ginette Petitpas Taylor
Minister of Health

ANNEX

Summary of the screening assessment of mitotane

Pursuant to section 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 benzene, 1-chloro-2-[2,2-dichloro-1-(4-chlorophenyl)ethyl]-, hereinafter referred to as mitotane. The Chemical Abstracts Service Registry Number (CAS RN (see footnote 21)) for mitotane is 53-19-0. Mitotane was identified as a priority for assessment as it met categorization criteria under subsection 73(1) of CEPA.

Mitotane is a substance that may be formed upon the degradation of a component of dichlorodiphenyltrichloroethane (DDT) and dicofol, two active ingredients formerly in pest control products, which are no longer registered for use in Canada. Residues of both DDT and dicofol may still be found in soil and sediment. Additionally, mitotane is registered for use in Canada as a chemotherapeutic agent for the treatment of adrenal cancer. The substance is not naturally occurring and is not manufactured in Canada. Between 100 and 1 000 kg of mitotane were imported into Canada in 2005. Mitotane was not reported to be imported in 2006 above the reporting threshold of 100 kg nor used above the reporting threshold of 1 000 kg. The pharmaceutical industry provided information that indicates that quantities imported and used in Canada is in the range of 100 kg to 1 000 kg per year. Its use as a chemotherapeutic agent suggests that it could be released into the Canadian environment.

It is expected that most of the total quantity of mitotane currently present in the environment is the result of historical use of DDT and dicofol. Based on mitotane's chemotherapeutic use, a small amount of this substance may be released to wastewater treatment systems. Mitotane has low solubility in water, has minimal volatility and has a tendency to partition to particles and lipids of organisms due to its hydrophobic nature. For these reasons, mitotane may still be predominantly found in soil, and to a lesser extent, in sediment. It is expected to be present in small proportions in water and air.

Based on its physical and chemical properties, mitotane is not expected to degrade rapidly in the environment. It is expected to be persistent in air, water, soil and sediments. Mitotane also has the potential to bioaccumulate in aquatic organisms and may biomagnify in freshwater piscivorous food chains; such accumulation is unlikely in birds or mammals, however, because of their enhanced metabolic capacities. The substance has been determined to meet both the persistence and bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations. In addition, analogue and modelled aquatic toxicity data indicate that the substance is highly hazardous to aquatic organisms.

There are long-term risks associated with persistent and bioaccumulative substances, which cannot, at present, be reliably predicted. Since accumulations of persistent and bioaccumulative substances may be widespread and are difficult to reverse, a conservative response to uncertainty is justified. However, it is acknowledged that the level of concern for a persistent and bioaccumulative substance is dependent on the rate and nature of releases to the environment.

While limited quantities of mitotane are consumed as a pharmaceutical in Canada, a certain proportion of this amount may be released through excretion at a limited number of wastewater treatment sites. A comparison of estimated levels of mitotane in lakes and rivers near points of discharge of wastewater treatment system effluent, with a level expected to cause harm to sensitive aquatic organisms, indicates a potential for ecological harm.

Based on the empirical health effects for mitotane, the adrenal glands are expected to be the target tissue for humans. Margins between conservative upper-bounding estimates of exposure to mitotane from environmental media and the lowest-observed-effect level in laboratory studies are considered adequate to address uncertainties in the health effects and exposure databases.

Based on the information available, it is concluded that mitotane 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, mitotane 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 mitotane does not meet the criteria in paragraph 64(c) of CEPA, as it is 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.

Conclusion

It is concluded that mitotane meets one or more of the criteria set out in section 64 of CEPA. Mitotane has been determined to meet the persistence and bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.

The assessment report as well as the proposed risk management approach document for this substance is available on the Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html).

[43-1-o]

DEPARTMENT OF THE ENVIRONMENT
DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision after screening assessment of a substance — 1-naphthalenepropanol, α-ethenyldecahydro-2-hydroxy-α,2,5,5,8α-pentamethyl-, [1R-[1α(R*),2β,4αβ,8αα]]- (sclareol), CAS RN (see footnote 22) 515-03-7 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas sclareol is a substance on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the screening assessment conducted on the substance pursuant to section 74 of the Act is annexed hereby;

And whereas it is concluded that the substance does not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health propose to take no further action on the substance at this time under section 77 of the Act.

Notice is further given that options are being considered for follow-up information-gathering activities with implicated stakeholders to track changes in environmental exposure to the substance.

Catherine McKenna
Minister of the Environment

Ginette Petitpas Taylor
Minister of Health

ANNEX

Summary of the screening assessment of sclareol

Pursuant to section 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 1-naphthalenepropanol, α-ethenyldecahydro-2-hydroxy-α,2,5,5,8α-pentamethyl-, [1R- [1α(R*),2β,4αβ,8αα]]-, hereinafter referred to as sclareol. The Chemical Abstracts Service Registry Number (CAS RN (see footnote 23)) for sclareol is 515-03-7. Sclareol was identified as a priority for assessment as it met categorization criteria under subsection 73(1) of CEPA.

Sclareol is naturally produced as a component in the essential oil of several genera (e.g. Salvia and Stachys) in the mint family, Lamiaceae. The essential oil containing sclareol may be produced by plants to protect themselves from pathogens (i.e. bacteria and/or fungi) and foraging herbivores and/or to influence the growth of neighbouring plants. Sclareol has been isolated in several plant species, such as Salvia sclarea, Salvia officinalis, Salvia judaica, Salvia palaestina, Juniperus phoenicea, Cistus creticus and Astragalus brachystachys, and some 25 tobacco species, such as Nicotiana glutinosa and Nicotiana tabacum.

In Canada, sclareol is not reported to be imported or manufactured above the 100 kg reporting threshold or used above the 1 000 kg threshold by any single company for the reporting years 2005 and 2006; however, a total estimated quantity of 76 to 1 350 kg of sclareol is currently used in Canada per year. Sclareol is a component of the clary sage essential oil, which was reported to be present in cosmetics, flavouring agents, aromatherapy products and fragrances in Canada.

It is expected that sclareol, when produced by plants, will likely be degraded by soil bacteria or other fungal species, as a number of studies have shown that soil micro-organisms are capable of metabolizing sclareol. However, when the essential oil containing sclareol is extracted from these plants and incorporated into cosmetics, down-the-drain releases are likely to occur via wastewater treatment system effluent into the aquatic environment where degradation is expected to occur much more slowly.

Sclareol has low water solubility and has a tendency to partition to sediments if released to surface waters. Based on its physical and chemical properties, modelled data and a limited amount of experimental data, sclareol is expected to persist in water and sediment. Modelled data relating to its partitioning between octanol and water indicate that sclareol has a high potential to accumulate in the lipid tissues of organisms (Bioconcentration Factor and Bioaccumulation Factor values range from 4 247 to 31 890). Modelled toxicity data for sclareol suggest the substance can cause acute harm to aquatic organisms. Experimental microbial toxicity data also suggest that sclareol causes harm to bacteria and fungi.

Based on the relatively small amounts known to be in commerce in Canada and its uses which can lead to disperse releases to the environment, ecological exposure to sclareol is expected to be low. Considering all available lines of evidence presented in this screening assessment, there is low risk of harm to organisms and the broader integrity of the environment from sclareol. It is concluded that sclareol does not meet the criteria under paragraph 64(a) or (b) of CEPA, as it is 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.

Based on available information, exposure of the general population to sclareol is expected to be negligible given the low reports of use of sclareol in Canada in 2006. The general population is expected to be exposed predominantly via the dermal route from the presence of sclareol, a component of clary sage essential oil, in cosmetics. Based on the limited health effects information available, sclareol was not considered to have high hazard potential. Based on a comparison of conservative upper-bounding estimates of dermal exposure to sclareol from the presence of clary sage essential oil in cosmetics and a no-observed-adverse-effect level in experimental animals, resulting margins of exposure were considered adequate to address uncertainties in the health effects and exposure databases. Based on the available information, it is concluded that sclareol does not meet the criteria in paragraph 64(c) of CEPA, as it is 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.

Conclusion

Based on the information available, it is concluded that sclareol does not meet any of the criteria set out in section 64 of CEPA.

Considerations for follow-up

While exposure of the environment to sclareol is not of concern at current levels, this substance is associated with environmental effects of concern. Therefore, there may be a concern for the environment if exposures were to increase. Follow-up information-gathering activities with implicated stakeholders to track changes in exposure and/or commercial use patterns are under consideration.

The assessment report for this substance is available on Canada.ca (Chemical Substances) website (www.canada.ca/en/health-canada/services/chemical-substances.html).

[43-1-o]

DEPARTMENT OF FINANCE

POOLED REGISTERED PENSION PLANS ACT

Effective date for the amendments to the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans

Notice is hereby given, pursuant to paragraph 6(4)(b) of the Pooled Registered Pension Plans Act, that the effective date for the amendments to the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans is November 15, 2017.

William Francis Morneau
Minister of Finance

[43-1-o]

DEPARTMENT OF FINANCE

POOLED REGISTERED PENSION PLANS ACT

Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans

SECOND 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

Between

Canada, represented by the Minister of Finance;

British Columbia, represented by the Minister of Finance;

Nova Scotia, represented by the Minister of Finance and Treasury Board;

The government of Quebec, represented by the Minister of Finance and by the Minister responsible for Canadian Relations and the Canadian Francophonie;

The Autorité des marchés financiers, represented by the President and Chief Executive Officer;

Saskatchewan, represented by the Minister of Justice and Attorney General;

and

Ontario, represented by the Minister of Finance;

RECITALS

Whereas Canada, British Columbia, Nova Scotia, Quebec, the Autorité des marchés financiers and Saskatchewan entered into the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans which came into effect on June 15, 2016;

Whereas Quebec and the Autorité des marchés financiers agree to be bound by only Parts I, with the exception of subsections 2(6) and (7), II, VI, and VII of that agreement;

Whereas Ontario became a party to the Agreement, as amended by the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans (hereinafter referred to as the “First 2017 Agreement”) attached as Annex 1), on March 31, 2017;

Whereas any subsequent mention of the Agreement means the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans as amended by the First 2017 Agreement;

Whereas, in accordance with Section 18 of the Agreement, Manitoba wishes to become a party to the Agreement as it will be amended by the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans (hereinafter referred to as the “Second 2017 Agreement”);

Whereas, in accordance with Section 18 of the Agreement, Canada, British Columbia, Nova Scotia, Quebec, the Autorité des marchés financiers, Saskatchewan, and Ontario (hereinafter referred to as “the parties”) unanimously consent to Manitoba becoming a party to the Agreement, as it will be amended by the Second 2017 Agreement;

Whereas the parties unanimously consent to entering into the Second 2017 Agreement, in accordance with Section 21 of the Agreement;

Now, therefore, the parties agree as follows:

Additional Party

1. The parties, in accordance with Section 18 of the Agreement unanimously consent to Manitoba becoming a party to the Agreement, as amended by the Second 2017 Agreement.

Amendments to the Agreement

2. In the list of parties to the Agreement appearing directly before the recitals to the Agreement:

(1) The word “and” is deleted; and

(2) The following words are included at the end of the list:

and Manitoba, represented by the Minister of Finance;

3. Schedule A of the Agreement is amended by adding the following at the end of the list of “Provincial PRPP Acts”:

Manitoba

The Pooled Registered Pension Plans (Manitoba) Act, C.C.S.M. c. P94.6

Execution in Counterparts

4. The Second 2017 Agreement may be executed in counterparts.

Execution in English and French

5. The Second 2017 Agreement shall be executed in both English and French, each text being equally authoritative.

Effective Date

6. The Second 2017 Agreement comes into force on November 15, 2017. Upon its coming into force, and providing Manitoba has signed a signature page agreeing to join the Agreement (as amended by the Second 2017 Agreement), Manitoba will become one of the parties, and its signed signature page will be included as Annex 2 to the Second 2017 Agreement.

Agreement Unaffected

7. Except as set forth in the Second 2017 Agreement, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms.

SECOND 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Canada

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Ottawa,

The 19th day of October, 2017.

The Honourable William Francis Morneau
Minister of Finance

SECOND 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For British Columbia

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Victoria,

The 16th day of October, 2017.

The Honourable Carole James
Minister of Finance

SECOND 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Nova Scotia

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Halifax,

The 21st day of September, 2017.

The Honourable Karen Casey
Minister of Finance and Treasury Board

SECOND 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Québec,

The 16th day of October, 2017.

For the government of Quebec

The Honourable Carlos Leitão
Minister of Finance

The Honourable Jean-Marc Fournier
Minister responsible for Canadian Relations
and the Canadian Francophonie

For the Autorité des marchés financiers

Louis Morrisset
President and Chief Executive Officer

SECOND 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Saskatchewan

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Regina,

The 22nd day of August, 2017.

The Honourable Gordon Wyant
Minister of Justice and Attorney General

SECOND 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Ontario

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Toronto,

The 28th day of September, 2017.

The Honourable Charles Sousa
Minister of Finance

ANNEX 1

2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

Between

Canada, represented by the Minister of Finance;

British Columbia, represented by the Minister of Finance;

Nova Scotia, represented by the Minister of Finance and Treasury Board;

The government of Quebec, represented by the Minister of Finance and by the Minister responsible for Canadian Relations and the Canadian Francophonie;

The Autorité des marchés financiers, represented by the President and Chief Executive Officer;

and

Saskatchewan, represented by the Minister of Justice and Attorney General;

RECITALS

Whereas Canada, British Columbia, Nova Scotia, Quebec, the Autorité des marchés financiers and Saskatchewan (hereinafter referred to as the “parties”) entered into the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans (hereinafter referred to as the “Agreement”) which came into effect on June 15, 2016, and a copy of which is attached as Annex 1;

Whereas Quebec and the Autorité des marchés financiers agree to be bound by only Parts I, with the exception of subsections 2(6) and (7), II, VI, and VII of the Agreement;

Whereas, in accordance with Section 18 of the Agreement, Ontario wishes to become a party to the Agreement, as it will be amended by the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans (hereinafter referred to as the “2017 Agreement”);

Whereas, in accordance with Section 18 of the Agreement, the parties unanimously consent to Ontario becoming a party to the Agreement, as it will be amended by the 2017 Agreement;

Whereas the parties unanimously consent to entering into the 2017 Agreement, in accordance with Section 21 of the Agreement;

Now, therefore, the parties agree as follows:

Additional Party

1. The parties, in accordance with Section 18 of the Agreement, unanimously consent to Ontario becoming a party to the Agreement, as amended by the 2017 Agreement.

Amendments to the Agreement

2. In the list of parties to the Agreement, appearing directly before the recitals to the Agreement:

(1) The word “and” is deleted; and

(2) The following words are included at the end of the list:

and Ontario, represented by the Minister of Finance;

3. The title of Part III in the section “Contents of Agreement” of the English version of the Agreement is replaced by the following:

PART III PLAN REGISTRATION

4. The definitions “federal PRPP Act” and “voluntary retirement savings plan” in subsection 1(1) of the English version of the Agreement are replaced by the following, in alphabetical order:

“federal PRPP Act” means the Pooled Registered Pension Plans Act (S.C. 2012, c. 16) and any subordinate legislation made under that Act, both as amended from time to time.

“voluntary retirement savings plan” or “VRSP” means a plan registered under the VRSP Act.

5. The title following section 2 of the English version of the Agreement is replaced with the following

PART II LICENSING

6. Subsection 9(3) of the Agreement is replaced by the following:

(3) A decision that is made by the Superintendent under the authority of this Agreement and that relates to the application of a provincial PRPP Act that determines a matter addressed in Schedule C, subsection 11(4) or subsection 11(5) is deemed to be a decision of the supervisory authority of the applicable province and is not subject to judicial review under the Federal Courts Act (R.S.C., (1985) c. F-7), but instead is subject to the processes for review and appeal under the laws of that province.

7. Subparagraph 11(1)(b)(ii) of the French version of the Agreement is replaced by the following:

8. Subsection 11(2) of French version of the Agreement is replaced by the following:

(2) Pour l'application de cet article, « dernier emploi qu'il occupait » ou « dernier travail qu'il effectuait » fait référence uniquement à un emploi ou à un travail indépendant dans une autorité législative liée par la présente partie.

9. The Agreement is amended by adding the following after subsection 11(4):

(5) Despite anything in the Agreement, the valuation or division of funds, on the breakdown of a spousal or common-law relationship, in a PRPP member's account or funds that have been transferred from a PRPP account is governed by the law of a jurisdiction that would otherwise apply to a member and their spouse, former spouse, common-law partner, or former common-law partner if this Agreement did not exist.

10. Section 13 of the French version of the Agreement is replaced by the following:

13. Il est entendu que le présent accord ne s'applique pas aux dispositions de la Loi fédérale sur les RPAC ou des Lois provinciales sur les RPAC concernant les autorisations à obtenir et les exigences qui doivent être satisfaites pour conclure le présent accord, de le modifier ou d'y ajouter des Parties, ainsi que les dispositions concernant l'effet de l'accord.

11. Subsection 14(2) of the French version of the Agreement is replaced by the following:

(2) Lorsqu'une décision du Surintendant fait l'objet d'une révision ou d'un appel en vertu des lois d'une province tel qu'il est prévu en vertu du paragraphe 9(3), le Surintendant, sur demande, communique à l'organisme de surveillance de cette province le dossier dont il disposait lorsqu'il a pris cette décision.

12. Section 15 of the French version of the Agreement is replaced by the following:

15. À la suite de la résiliation du présent accord ou du retrait d'une Partie, l'article 14 continue d'avoir effet aux seules fins de répondre aux demandes en cours.

13. Section 18 of the Agreement is replaced with the following:

18. A province may become a party

14. Section 19 of the Agreement is replaced with the following:

19. This Agreement shall be to the benefit of and be binding upon the parties and the supervisory authorities, as of the date referred to, as the case may be, in paragraph (a) or (b) of section 17.

15. Subsection 20(4) of the French version of the Agreement is replaced with the following:

(4) Si une Partie autre que le Canada a transmis un avis aux autres parties de son intention de se retirer de l'accord, le Surintendant doit, dans un délai raisonnable et sous réserve de toute restriction législative, transmettre à l'organisme de surveillance de cette Partie les copies des documents concernant les RPAC touchés transmis au Surintendant en vertu de la Loi fédérale sur les RPAC par l'administrateur du régime qui sont nécessaires à la surveillance continue des RPAC et informer les organismes de surveillance des décisions administratives prises par le Surintendant concernant les RPAC touchés.

16. Schedule A of the Agreement is amended by adding the following at the end of the list of “Provincial PRPP Acts”:

Ontario

Pooled Registered Pension Plans Act, 2015, S.O. 2015, c. 9

17. Paragraphs (a), (b), (d) and (e) of Schedule B of the English version of the Agreement are replaced by the following:

18. Paragraphs (d) and (g) of Schedule B of the French version of the Agreement are replaced by the following:

Execution in Counterparts

19. The 2017 Agreement may be executed in counterparts.

Execution in English and French

20. The 2017 Agreement shall be executed in both English and French, each text being equally authoritative.

Effective Date

21. This 2017 Agreement comes into force on March 31, 2017. Upon its coming into force, and providing Ontario has signed a signature page agreeing to join the Agreement as amended by this 2017 Agreement, Ontario will become one of the parties, and its signed signature page will be included as Annex 2 to this 2017 Agreement.

Agreement Unaffected

22. Except as set forth in the 2017 Agreement, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms.

2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Canada

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Ottawa,

The 8th day of December, 2016.

The Honourable William Francis Morneau
Minister of Finance

2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For British Columbia

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Victoria,

The 6th day of December, 2016.

The Honourable Michael de Jong
Minister of Finance

2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Nova Scotia

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Halifax,

The 13th day of December, 2016.

The Honourable Randy Delorey
Minister of Finance and Treasury Board

2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Québec,

The 14th day of December, 2016.

For the government of Quebec

The Honourable Carlos Leitão
Minister of Finance

The Honourable Jean-Marc Fournier
Minister responsible for Canadian Relations
and the Canadian Francophonie

For the Autorité des marchés financiers

Louis Morrisset
President and Chief Executive Officer

2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Saskatchewan

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Regina,

The 13th day of December, 2016.

The Honourable Gordon Wyant
Minister of Justice and Attorney General

ANNEX 1

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

Between

Canada, represented by the Minister of Finance;

British Columbia, represented by the Minister of Finance;

Nova Scotia, represented by the Minister of Finance and Treasury Board;

The government of Quebec, represented by the Minister of Finance and by the Minister responsible for Canadian Relations and the Canadian Francophonie;

The Autorité des marchés financiers, represented by the President and Chief Executive Officer;

and

Saskatchewan, represented by the Minister of Justice and Attorney General;

RECITALS

Contents of Agreement

PART I DEFINITIONS AND APPLICATION OF THIS AGREEMENT

PART II LICENSING

PART III REGISTRATION

PART IV SUPERVISION

PART V APPLICABLE LAW

PART VI RELATIONS BETWEEN PARTIES AND SUPERVISORY AUTHORITIES

PART VII EXECUTION, AMENDMENTS TO, WITHDRAWAL FROM AND COMING INTO FORCE OF AGREEMENT

PART I DEFINITIONS AND APPLICATION OF THIS AGREEMENT

Definitions

1. (1) For the purposes of this Agreement, unless the context indicates a different meaning:

“AMF” means Autorité des marchés financiers.

“federal PRPP Act” means the Pooled Registered Pension Plans Act, S.C. 2012, c. 16, and any subordinate legislation made under that Act, both as amended from time to time.

“federal PRPP licence” means a licence issued by the Superintendent in accordance with section 11 of the federal PRPP Act authorizing a corporation to be an administrator of a pooled registered pension plan.

“federally-licensed administrator” means the holder of a federal PRPP licence or an entity designated by the Superintendent under subsection 21(1) of the federal PRPP Act.

“federally-registered PRPP” means a PRPP that has been registered in accordance with section 12 of the federal PRPP Act.

“member” means a person who holds an account with a PRPP.

“party” means a signatory to this Agreement as authorized to enter into it by the federal PRPP Act, a provincial PRPP Act or, in the case of Quebec and the AMF, the laws of Quebec.

“pooled registered pension plan” or “PRPP” means a pooled registered pension plan that is required to be registered under the federal PRPP Act or a provincial PRPP Act as applicable.

“provincial PRPP Act” means the legislation of a province listed in Schedule A and any subordinate legislation made under that Act, both as amended from time to time.

“Superintendent” means the Superintendent of Financial Institutions appointed under section 5 of the Office of the Superintendent of Financial Institutions Act (R.S.C. (1985), c. 18 (3rd Supp.)).

“supervisory authority” means the government ministry, department or agency of a party that has supervisory powers with respect to PRPPs under its laws and, in Quebec, the AMF with respect to a VRSP licence.

“voluntary retirement savings plan” or VRSP means a plan registered under the VRSP Act.

“VRSP Act” means the Voluntary Retirement Savings Plans Act, (CQLR, chapter R-17.0.1), and any subordinate legislation made under that legislation, both as amended from time to time.

“VRSP administrator” means the holder of a VRSP licence.

“VRSP licence” means an authorization issued by the AMF under section 29 of the VRSP Act.

Schedules

(2) The following Schedules form part of this Agreement:

Application of this Agreement

2. (1) Subject to subsections (4) and (5), this Agreement applies in respect of a PRPP that is required to be registered under the federal PRPP Act and one or more provincial PRPP Acts and any related matters, including its registration and supervision, the issuance of a licence authorizing a corporation to be an administrator of a PRPP, and the law applicable to a PRPP, its administrators, members and their spouse or common law partner, survivors and other beneficiaries (or the equivalent in the respective jurisdiction), and the employers offering it.

(2) This Agreement applies, to the extent that it provides for it, in respect of the issuance of a VRSP licence.

(3) Only Parts I, with the exception of subsections 2(6) and (7), II, VI and VII of this Agreement apply with regards to a VRSP licence.

(4) This Agreement does not apply in respect of a PRPP that prohibits individuals in respect of whom the federal PRPP Act applies from becoming members of the PRPP.

(5) For greater certainty, this Agreement does not apply in respect of a PRPP that is only registered provincially.

(6) This Agreement applies despite any conflicting provision in any document that creates or supports a PRPP.

(7) Where any provision of this Agreement conflicts with any provision of the federal PRPP Act or a provincial PRPP Act, this Agreement prevails to the extent of the conflict.

PART II LICENCES

Licensing Requirements

3. (1) A corporation that holds a federal PRPP licence or a VRSP licence is exempt from the requirement to obtain a licence under the applicable provincial PRPP Act.

(2) A corporation is exempt from the requirement to obtain a licence under the federal PRPP Act if the corporation holds a VRSP licence.

(3) The AMF shall issue a VRSP licence to a corporation that holds a federal PRPP licence if the requirements listed in Schedule B are met.

(4) For greater certainty, this Agreement does not prohibit a provincial supervisory authority from issuing a PRPP licence under its provincial PRPP Act.

Suspension or Revocation of a VRSP Licence

4. Despite subsections 3(1) and (2), a VRSP administrator that has its VRSP licence revoked by the AMF is no longer exempt from the requirement to obtain a licence under the federal PRPP Act or the applicable provincial PRPP Act.

5. The AMF shall notify the Superintendent as soon as practicable if it has suspended or revoked the VRSP licence of a VRSP administrator, where that VRSP administrator administers a federally-registered PRPP and does not hold a federal PRPP licence.

PART III PLAN REGISTRATION

Registration Requirements

6. (1) A federally-licensed administrator that has a PRPP registered under the federal PRPP Act is exempt from the requirement to have that PRPP registered under the applicable provincial PRPP Act.

(2) A VRSP administrator that has a PRPP registered under the federal PRPP Act is exempt from the requirement to have that PRPP registered under a provincial PRPP Act.

(3) For greater certainty, this Agreement does not prohibit a provincial supervisory authority from registering a PRPP under its PRPP Act.

(4) For greater certainty, any corporation that has a PRPP registered under the federal PRPP Act is subject to the powers of the Superintendent in respect of a federally-licensed administrator.

(5) For greater certainty, a federally-registered PRPP and a VRSP are distinct plans.

Notification

7. The Superintendent shall notify the AMF as soon as practicable if, in relation to a federally-registered PRPP administered by a VRSP administrator, the Superintendent has ordered the VRSP administrator to transfer the federally-registered PRPP and all of its assets to an entity designated by the Superintendent, or has terminated the federally-registered PRPP.

PART IV SUPERVISION

Role of the Superintendent

8. The Superintendent shall supervise all federally- registered PRPPs that are subject to this Agreement.

9. (1) With respect to the supervision of a federally- registered PRPP, the Superintendent shall exercise the powers of a supervisory authority of a province as set out in and in accordance with this Agreement.

(2) The Superintendent shall determine any matter or question related to supervision and related to the exercise of its powers pursuant to this Agreement.

(3) A decision that is made by the Superintendent under the authority of this Agreement and that relates to the application of a provincial PRPP Act that determines a matter addressed in Schedule C or in subsection 11(4) is deemed to be a decision of the supervisory authority of the applicable province and is not subject to judicial review under the Federal Courts Act (R.S.C., (1985) c. F-7), but instead is subject to the processes for review and appeal under the laws of that province.

PART V APPLICABLE LAW

Application of the Federal PRPP Act

10. Subject to section 11, the provisions of the federal PRPP Act apply to a federally-registered PRPP, including in respect of all members, and their spouses or common law partners, survivors and other beneficiaries (or the equivalent in the respective jurisdiction), its administrator, the Superintendent, and the employer offering the PRPP, instead of the provisions of a provincial PRPP Act in respect of corresponding matters that would otherwise apply if this Agreement did not exist.

Exceptions

11. (1) The following legislation applies in respect of a member of a federally-registered PRPP, and their spouse, common law partner, survivor or other beneficiary (or the equivalent in the respective jurisdiction), in relation to a matter referred to in Schedule C or addressed under subsection (4):

(2) For the purposes of this section, “last employed” or “last self-employed” refers only to employment or self-employment in jurisdictions bound by this Part.

(3) Where legislation referred to in subsection (1) applies in respect of amounts in a member's account, it applies in relation to the entire balance of the member's account.

(4) For greater certainty, the provisions of a provincial PRPP Act in relation to which there are no corresponding matters addressed under the federal PRPP Act apply notwithstanding anything in this Part.

12. The provisions of the federal PRPP Act are adapted to the extent necessary to give effect to this Part.

13. For greater certainty, this Agreement does not apply to provisions of the federal PRPP Act or a provincial PRPP Act regarding authorities and requirements for entering into this Agreement, amending it, or adding parties to it as well as provisions regarding the effect of the Agreement.

PART VI RELATIONS BETWEEN PARTIES AND SUPERVISORY AUTHORITIES

Requests for assistance

14. (1) Each supervisory authority shall:

(2) Where a decision of the Superintendent is being subjected to a review or appeal process under the laws of a province as provided for under subsection 9(3), the Superintendent shall, upon request, provide to the supervisory authority of the province the record that was before the Superintendent in making that decision.

Survival

15. Following the termination of this agreement or following the withdrawal of a party, section 14 shall survive only for the purposes of responding to pending requests.

Information on policy developments

16. Subject to any rules concerning Cabinet confidences and solicitor-client privilege, and any other confidentiality rule applicable to a party, each party shall provide to each other on a timely basis relevant information on policy developments in relation to the federal PRPP Act, a provincial PRPP Act, or the VRSP Act as applicable.

PART VII EXECUTION, AMENDMENTS TO, WITHDRAWAL FROM AND COMING INTO FORCE OF AGREEMENT

Effective Date

17. This Agreement comes into force:

Additional Parties

18. A province may become a party:

Effects

19. This Agreement shall be to the benefit of and be binding upon the parties and the supervisory authorities, as of the date referred to, as the case may be, in clause (a) or (b) of section 17.

Withdrawal from Agreement

20. (1) A party may withdraw from the Agreement by giving at least 12 months' written notice to all the other parties to the Agreement and to the administrators of federally-registered PRPPs affected by the withdrawal. Upon expiry of the period indicated in the notification, the withdrawing party shall cease to be a party to the Agreement.

(2) Despite subsection (1), Canada shall provide written notice to all other parties at least 18 months prior to withdrawal.

(3) Once a party has notified the other parties that it intends to withdraw from the Agreement, but before the withdrawal takes effect, that party's supervisory authority shall work with any other supervisory authorities that would be affected to facilitate the transfer of supervisory responsibilities in respect of PRPPs affected by the withdrawal.

(4) If a withdrawing party, other than Canada, has notified the other parties that it intends to withdraw from this Agreement, the Superintendent shall, in a reasonable time and subject to any legislative restrictions, provide to that party's supervisory authority copies of documents relating to the affected PRPPs that have been filed with the Superintendent pursuant to the federal PRPP Act by the plan administrator that are necessary for the continued supervision of those PRPPs and shall inform the supervisory authority of any administrative decisions taken by the Superintendent concerning the affected PRPPs.

(5) If Canada has notified the other parties that it intends to withdraw from this Agreement, the Agreement shall be terminated at the end of the period referred to in subsection (2).

Amendments

21. (1) This Agreement may be amended with the unanimous written consent of the parties.

(2) Despite subsection (1), the portions of Schedule A or B applicable to a specific party is amended at the initiative of that party.

(3) Notice of an amendment to Schedule A or B shall be provided to all other parties.

Execution in Counterparts

22. This Agreement and any amendment to this Agreement may be executed in counterparts.

Execution in English and French

23. This Agreement and any amendment to this Agreement shall be executed in both English and French, each text being equally authoritative.

SCHEDULE A

Provincial PRPP Acts

British Columbia

Pooled Registered Pension Plans Act, S.B.C. 2014, c. 17

Nova Scotia

Pooled Registered Pension Plans Act, S.N.S. 2014, c. 37

Saskatchewan

The Pooled Registered Pension Plans (Saskatchewan) Act, S.S. 2013, c. P-16.101

SCHEDULE B

Requirements to be met under the VRSP Act for the AMF to Issue a VRSP Licence to the Holder of a Federal PRPP Licence

In order to obtain a licence to act as administrator pursuant to the VRSP Act, a corporation must:

SCHEDULE C

Matters for the Purposes of Subsection 11(1)

For the purposes of subsection 11(1), a matter is any of the following:

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Canada

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Ottawa,

The 10th day of June, 2016.

The Honourable William Francis Morneau
Minister of Finance

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For British Columbia

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Victoria,

The 9th day of June, 2016.

The Honourable Michael de Jong
Minister of Finance

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Nova Scotia

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Halifax,

The 7th day of June, 2016.

The Honourable Randy Delorey
Minister of Finance and Treasury Board

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized, agree to be bound by Parts I, with the exception of subsections 2(6) and (7), II, VI and VII of the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Québec,

The 15th day of June, 2016.

For the government of Quebec

The Honourable Carlos Leitão
Minister of Finance

The Honourable Jean-Marc Fournier
Minister responsible for Canadian Relations
and the Canadian Francophonie

For the Autorité des marchés financiers

Louis Morrisset
President and Chief Executive Officer

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Saskatchewan

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Signed at Regina,

The 26th day of May, 2016.

The Honourable Gordon Wyant
Minister of Justice and Attorney General

ANNEX 2

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS, AS AMENDED BY THE 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Ontario

Ontario hereby agrees to become a party to the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans as amended by the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans;

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans as amended by the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Effective March 31, 2017.

Signed at Toronto,

The 9th day of January, 2017.

The Honourable Charles Sousa
Minister of Finance

ANNEX 2

MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS AS AMENDED BY THE 2017 AGREEMENT AND THE SECOND 2017 AGREEMENT AMENDING THE MULTILATERAL AGREEMENT RESPECTING POOLED REGISTERED PENSION PLANS AND VOLUNTARY RETIREMENT SAVINGS PLANS

For Manitoba

Manitoba hereby agrees to become a party to the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans as amended by the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans and the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans;

IN WITNESS WHEREOF, the undersigned, being duly authorized, has signed the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans as amended by the 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans and the Second 2017 Agreement Amending the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Effective November 15, 2017.

Signed at Winnipeg,

The 2nd day of October, 2017.

The Honourable Cameron Friesen
Minister of Finance

Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans

EXPLANATORY NOTE

Proposal

Pursuant to subsection 6(1) of the Pooled Registered Pension Plans Act (PRPP Act), this Order authorizes the Minister of Finance to enter into the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans with Manitoba.

Objective

The objective is to enable the Government of Manitoba to join the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans.

Background

The federal PRPP Act applies to pooled registered pension plans (PRPPs) that are linked to employment that falls under federal jurisdiction. Areas of employment that fall under federal jurisdiction include work in connection with navigation and shipping, banking, inter-provincial transportation and communications, and work in the Yukon, Northwest Territories or Nunavut.

PRPPs are a new, accessible, large-scale and low-cost pension option for employers, employees and the self-employed. A PRPP is administered by a corporation that holds a PRPP administrator licence. The Office of the Superintendent of Financial Institutions (OSFI) is responsible for supervising PRPPs offered in the areas of employment under federal jurisdiction.

Self-employed individuals and employers in provincially regulated sectors may also join a PRPP if their respective province has PRPP legislation in place. British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and Nova Scotia have passed PRPP legislation. Quebec has passed similar legislation called the Voluntary Retirement Savings Plans Act (VRSP). Provincial pension supervisors would normally supervise the aspects of multi-jurisdictional PRPPs that relate to members in provincially regulated employment areas. In order to streamline the supervision of PRPPs, the federal PRPP Act allows the Minister of Finance to enter into a multilateral agreement with provinces that have passed similar legislation.

Effective June 15, 2016, the Minister of Finance entered into the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans (the Agreement) with British Columbia, Saskatchewan, Quebec and Nova Scotia. Ontario joined the Agreement on March 31, 2017. Manitoba's PRPP legislation is now in force, and regulatory amendments to the Pooled Registered Pension Plans Regulations have been made to designate Manitoba as a province with whom the Minister can enter into the Agreement.

Implications

The Agreement helps make an attractive new retirement savings option available to those millions of Canadians — roughly 60% — who do not have access to a workplace pension plan. Additional provinces, such as Manitoba, who join the Agreement, will facilitate the creation of large PRPPs with members across multiple jurisdictions, thereby increasing the number of Canadians with workplace pension plans and generating economies of scale while reducing costs.

Consultation

In December 2010, Canada's finance ministers agreed on a framework for PRPPs to provide Canadians with a new, low-cost, efficiently managed, portable and accessible savings vehicle that will help them meet their retirement objectives. The federal PRPP legislative framework was therefore developed in consultation with the provinces, which were also involved in the drafting of the Agreement.

On June 25, 2016, the Agreement was published in the Canada Gazette, Part I, and was tabled in Parliament on August 17, 2016. The current signatory provinces have been consulted and unanimously support Manitoba entering the Agreement. OSFI has also been consulted and is supportive of Manitoba entering the Agreement.

Contact

Lisa Pezzack
Director
Financial Systems Division
Department of Finance Canada
90 Elgin Street, 13th Floor
Ottawa, Ontario
K1A 0G5
Email: Lisa.Pezzack@canada.ca

[43-1-o]

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed guideline for Canadian drinking water quality for enteric viruses

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline for Canadian drinking water quality for enteric viruses.

The proposed technical document for this guideline is available from October 28, 2017, to December 29, 2017, on the Consulting with Canadians website (www.consultingcanadians.gc.ca). Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed guideline. Comments must be sent to the Secretariat of the Federal-Provincial-Territorial Committee on Drinking Water, either by email at water_eau@hc-sc.gc.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, A.L. 4903D, Ottawa, Ontario K1A 0K9.

October 28, 2017

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Proposed guideline

The proposed guideline for enteric viruses in drinking water is a health-based treatment goal of a minimum 4-log removal and/or inactivation of enteric viruses. Depending on the source water quality, a greater log reduction may be required. Methods currently available for the detection of enteric viruses are not feasible for routine monitoring. Treatment technologies and watershed or wellhead protection measures known to reduce the risk of waterborne illness should be implemented and maintained if source water is subject to fecal contamination or if enteric viruses have been responsible for past waterborne outbreaks.

Executive summary

Viruses are extremely small micro-organisms that are incapable of replicating outside a host cell. In general, viruses are host specific, which means that viruses that infect animals or plants do not usually infect humans, although a small number of enteric viruses have been detected in both humans and animals. Most viruses also infect only certain types of cells within a host; consequently, the health effects associated with a viral infection vary widely. Viruses that can multiply in the gastrointestinal tract of humans or animals are known as “enteric viruses.” There are more than 140 enteric virus serotypes known to infect humans.

Health Canada recently completed its review of the health risks associated with enteric viruses in drinking water. This guideline technical document reviews and assesses identified health risks associated with enteric viruses in drinking water. It evaluates new studies and approaches and takes into consideration the methodological and interpretation limitations in available methods for the detection of viruses in drinking water. Based on this review, the proposed guideline for enteric viruses in drinking water is a health-based treatment goal of a minimum 4-log (i.e. 99.99%) removal and/or inactivation of enteric viruses.

Health effects

The human illnesses associated with enteric viruses are diverse. The main health effect associated with enteric viruses is gastrointestinal illness. Enteric viruses can also cause serious acute illnesses, such as meningitis, poliomyelitis and non-specific febrile illnesses. They have also been implicated in chronic diseases, such as diabetes mellitus and chronic fatigue syndrome.

The incubation time and severity of health effects are dependent on the specific virus responsible for the infection. The seriousness of the health effects from a viral infection will also depend on the characteristics of the individual affected (e.g. age, health status). In theory, a single infectious virus particle can cause infection; however, it usually takes more than a single particle. For many enteric viruses, the number of infectious virus particles needed to cause an infection is low, or presumed to be low.

Exposure

Enteric viruses cannot multiply in the environment; however, they can survive for extended periods of time (i.e. two to three years in groundwater) and are more infectious than most other micro-organisms. Enteric viruses are excreted in the feces of infected humans and animals, and some enteric viruses can also be excreted in urine. Source waters can become contaminated by human feces through a variety of routes, including effluents from wastewater treatment plants, leaking sanitary sewers, discharges from sewage lagoons, and septic systems. Viruses may also enter the distribution system as a result of operational or maintenance activities or due to system pressure fluctuations.

Enteric viruses have been detected in surface water and groundwater sources. They appear to be highly prevalent in surface waters, and their occurrence will vary with time and location. In the case of groundwater, viruses have been detected in both confined and unconfined aquifers, and can be transported significant distances (i.e. hundreds of metres) in short timeframes (i.e. in the order of hours to days or weeks). Confined aquifers have an overlying geologic layer that may act as a barrier to virus transport. However, these aquifers may still be vulnerable to viral contamination due to pathways, such as fractures, root holes or other discontinuities that allow viruses to be transported through the layer into the aquifer below. The occurrence of enteric viruses in groundwater is not generally continuous and can vary greatly over time. Consuming fecally contaminated groundwater that is untreated or inadequately treated has been linked to illness.

Analysis and treatment

A risk management approach, such as the multi-barrier approach or a water safety plan, is the best method to reduce enteric viruses and other waterborne pathogens in drinking water. Identifying the vulnerability of a source to fecal contamination is an important part of a system assessment because routine monitoring of drinking water for enteric viruses is not practical at this time. Collecting and analyzing source water samples for enteric viruses is, however, important for water utilities that wish to conduct a quantitative microbial risk assessment. Validated cell culture and molecular methods are available for detection of enteric viruses.

Once the source has been characterized, pathogen removal and/or inactivation targets and effective treatment barriers can be established in order to reduce the level of enteric viruses in treated drinking water. In general, all water supplies derived from surface water sources or groundwater under the direct influence of surface water (GUDI) should include adequate filtration (or equivalent technologies) and disinfection to meet treatment goals for enteric viruses and protozoa. Subsurface sources determined to be vulnerable to viruses should achieve a minimum 4-log removal and/or inactivation of viruses.

The absence of indicator bacteria (i.e. E. coli, total coliforms) does not necessarily indicate the absence of enteric viruses. The application and control of a multi-barrier, source-to-tap approach, including process and compliance monitoring (e.g. turbidity, disinfection process, E. coli), is important to verify that the water has been adequately treated and is therefore of an acceptable microbiological quality. In the case of untreated groundwater, testing for indicator bacteria is useful in assessing the potential for fecal contamination, which may include enteric viruses.

Quantitative microbial risk assessment

Quantitative microbial risk assessment (QMRA) is a process that uses source water quality data, treatment barrier information and pathogen-specific characteristics to estimate the burden of disease associated with exposure to pathogenic micro-organisms in a drinking water source. This process can be used as part of a multi-barrier approach for the management of a drinking water system, or it can be used to support the development of a drinking water quality guideline, such as setting the minimum health-based treatment goal for enteric viruses. Specific enteric viruses whose characteristics make them a good representative of all similar pathogenic viruses are considered in QMRA; and from these, a reference virus is selected. Ideally, a reference virus will represent a worst-case combination of high occurrence, high concentration and long survival time in source water, low removal and/or inactivation during treatment, and a high pathogenicity for all age groups. If the reference virus is controlled, it is assumed that all other similar viruses of concern are also controlled. Numerous enteric viruses have been considered. As no single virus has all the characteristics of an ideal reference virus, this risk assessment uses characteristics from several different viruses.

International considerations

Leading international agencies do not typically establish a specific standard or guideline value for enteric viruses in drinking water. The World Health Organization recommends that countries set health-based targets based on measurable health, water quality or performance objectives. The United States Environmental Protection Agency has set a non-enforceable maximum contaminant level goal of zero, and requires that all systems that use surface water or GUDI sources provide 4-log removal or inactivation of viruses. The European Union does not set any maximum values or specific treatment goals, but specifies that drinking water must be free of any micro-organism in numbers that constitute a potential danger to human health. The Australian drinking water guidelines only state that proper treatment and disinfection should produce drinking water that is essentially virus-free and recommend a risk-based assessment of all potential hazards of drinking water sources.

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DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed guideline for Canadian drinking water quality for uranium

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline for Canadian drinking water quality for uranium.

The proposed technical document for this guideline is available from October 28, 2017, to December 29, 2017, on the Consulting with Canadians website (www.consulting-canadians.gc.ca). Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed guideline. Comments must be sent to the Secretariat of the Federal-Provincial-Territorial Committee on Drinking Water, either by email at water_eau@hc-sc.gc.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, A.L. 4903D, Ottawa, Ontario K1A 0K9.

October 28, 2017

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Proposed guideline

A maximum acceptable concentration (MAC) of 0.02 mg/L (20 µg/L) is proposed for total uranium in drinking water.

Executive summary

Uranium is widespread in nature and has been identified in many different minerals. It exists in several chemical oxidation states as well as a mixture of three radioisotopes. All naturally occurring isotopes of uranium are considered weakly radioactive; however, the principal health effects associated with uranium are due to its chemical toxicity. The focus of this document is limited to uranium's chemical properties. Health effects related to uranium's radiological properties are not of concern at levels found in Canadian drinking water supplies.

This guideline technical document reviews and assesses all identified health risks associated with uranium in drinking water. It incorporates new studies and approaches and takes into consideration the availability of appropriate treatment technology. Based on this review, the proposed drinking water guideline for total uranium is a maximum acceptable concentration (MAC) of 0.02 mg/L (20 µg/L).

Health effects

With respect to chemical toxicity, international organizations agree that there is insufficient evidence to conclude that oral exposure to natural uranium will cause cancer in humans or animals. Studies in humans suggest that chronic exposure to uranium in drinking water may affect the kidneys. Consequently, the proposed MAC of 0.02 mg/L has been developed based on studies of kidney effects in rats.

Exposure

Canadians are primarily exposed to uranium through drinking water and food. Uranium may be found in water in the environment as a result of weathering and leaching from natural deposits, fallout from volcanic eruptions, its release in mill tailings, emissions from the nuclear industry and the combustion of coal and other fuels. Levels of uranium in drinking water vary greatly across Canada, depending on geological formations as well as human activities in the watershed.

Analysis and treatment

There are several approved analytical methods available to measure total uranium in drinking water at levels well below the MAC. The concentration of naturally occurring uranium in groundwater depends on factors such as pH, redox potential and the presence of dissolved oxygen and complexing agents. The chemical speciation of uranium in the water supply is critical to ensure its successful removal during the treatment process. Most groundwaters contain soluble uranium complexes.

At the municipal level, the best available technologies for the treatment of total uranium are coagulation/filtration, lime softening, ion exchange and reverse osmosis. In addition, management strategies for uranium include practices such as switching to a new source, blending and interconnecting with another water system.

At the residential level, there are no certified residential treatment devices for the reduction of uranium from drinking water. However, drinking water treatment technologies able to effectively remove uranium include ion exchange and reverse osmosis. It is important to note that reverse osmosis systems should be installed only at the point of use, as the treated water may be corrosive to internal plumbing components.

International considerations

Other organizations have set guidelines or regulations pertaining to the concentration of uranium in drinking water. The proposed guideline of 0.02 mg/L for uranium is comparable to that of other agencies, considering the different assumptions made by each jurisdiction in terms of body weight, water consumption and rounding of values. It is slightly lower than the value of the World Health Organization guideline and the United States Environmental Protection Agency standard (0.03 mg/L) and marginally higher than the Australian guideline (0.017 mg/L). The European Union does not have a standard or guideline for uranium in drinking water.

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DEPARTMENT OF HEALTH

CONTROLLED DRUGS AND SUBSTANCES ACT

Notice to interested parties — Proposed regulations amending regulations under the Controlled Drugs and Substances Act with respect to the destruction of controlled substances and international travel with controlled substances prescribed for personal medical use

This notice provides interested stakeholders with the opportunity to provide comments on Health Canada's intent to amend the Narcotic Control Regulations (NCR), the Benzodiazepines and Other Targeted Substances Regulations (BOTSR) and Part G of the Food and Drug Regulations (FDR-G) to address identified gaps and inconsistencies.

The Controlled Drugs and Substances Act (CDSA) and its regulations provide a framework for the control of substances that can alter mental processes and that may cause harm to health or to society when diverted to an illicit market or used inappropriately. This framework has evolved since the early 1960s, with successive pieces of legislation and regulations coming into force at different times to address emerging issues or to meet international commitments. This has created gaps and inconsistencies across the regulations, several of which have been identified in recent years.

This regulatory proposal aims to provide a long-term solution to address the following three problematic areas that are currently only addressed using temporary measures: the destruction of unserviceable stock containing certain controlled substances by pharmacists, practitioners and persons in charge of hospitals; the return of prescription drugs containing controlled substances by individuals to pharmacies for destruction; and individuals entering or leaving Canada with controlled substances for personal medical use.

Destruction of unserviceable stock by pharmacists, practitioners and persons in charge of hospitals

A drug product containing a controlled substance held within a pharmacy or a hospital may become unserviceable when it expires before it has been dispensed, or if a handling error has resulted in the drug product no longer being suitable for dispensing. While the BOTSR establish requirements for the destruction of controlled substances by pharmacists, practitioners and persons in charge of hospitals, the NCR and the FDR-G do not. This has resulted in inconsistencies in destruction procedures and obstacles in carrying out local destruction. The proposed amendments would update the BOTSR destruction provisions and add equivalent provisions to the NCR and the FDR-G to ensure consistency across the regulations.

Return of prescription drugs containing controlled substances by individuals to pharmacies for destruction

Prescription drug return initiatives have been established in recent years to promote the safe and effective destruction of unused or expired medication. In order to support these programs, and other initiatives aimed at reducing problematic uses and the diversion of unserviceable drugs, amendments are proposed to the BOTSR, the NCR and the FDR-G that would add new provisions authorizing individuals to return prescription drugs containing a controlled substance to a pharmacy for disposal.

A distinct but related problem in this regard is the lack of provisions in the regulations to the CDSA explicitly authorizing an individual to possess and return a deceased person's prescription drugs containing a controlled substance (“estate drugs”) to a pharmacy or hospital for destruction. Proposed amendments to the BOTSR, the NCR and the FDR-G would create provisions that would authorize individuals to return or destroy these estate drugs.

Travelling with controlled substances for personal medical use when entering or leaving Canada

Subsection 6(1) of the CDSA prohibits the import and export of controlled substances and precursors except as authorized under the CDSA regulations. While the BOTSR include provisions that permit individuals travelling into and out of Canada to import and export targeted substances for personal medical use, similar provisions do not exist in the NCR or the FDR-G with respect to narcotics and controlled drugs. In 2005, a class exemption pursuant to section 56 of the CDSA was issued to permit individuals to import and export narcotics and controlled drugs for personal medical use, under specific conditions. The provisions already contained within the BOTSR would be updated as necessary and equivalent provisions would be created for the NCR and the FDR-G, removing the need for the exemption.

The proposed regulatory amendments would address the above-noted issues by outlining clear and consistent provisions across relevant CDSA regulations.

A 60-day comment period has been provided for stakeholders. The publication of this notice in the Canada Gazette, Part I, initiates the 60-day comment period. If you are interested in this process or have comments on this notice, please contact the Office of Legislative and Regulatory Affairs, Controlled Substances Directorate, Healthy Environments and Consumer Safety Branch, Health Canada, by mail at Address Locator: 0302A, 150 Tunney's Pasture Driveway, Ottawa, Ontario K1A 0K9, or by email at ocs_regulatorypolicy-bsc_politiquereglementaire@hc-sc.gc.ca.

October 28, 2017

Michelle Boudreau
Director General
Controlled Substances Directorate
Healthy Environments and Consumer Safety Branch

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PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada's diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will 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.

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 (http://www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng).

Position Organization Closing date
President and Chief Executive Officer Atomic Energy of Canada Limited  
Chairperson Business Development Bank of Canada October 30, 2017
Members of the Board of Directors Canada Post Corporation November 17, 2017
Chief Executive Officer Canadian Dairy Commission November 6, 2017
Directors Federal Bridge Corporation Limited November 20, 2017
Chief Electoral Officer Office of the Chief Electoral Officer  
Commissioner of Lobbying Office of the Commissioner of Lobbying  
Commissioner of Official Languages Office of the Commissioner of Official Languages for Canada  
Conflict of Interest and Ethics Commissioner Office of the Conflict of Interest and Ethics Commissioner  
Information Commissioner Office of the Information Commissioner  
Senate Ethics Officer Office of the Senate Ethics Officer  
Director (Federal Representative) Prince Rupert Port Authority October 30, 2017
Chairperson Royal Canadian Mint November 13, 2017
Directors Sustainable Development Technology Canada November 6, 2017
Chairperson and Deputy Chairperson Veterans Review and Appeal Board  

Ongoing opportunities

Opportunities posted on an ongoing basis.
Position Organization Closing date
Full-time and Part-time Members Immigration and Refugee Board December 31, 2017
Members Veterans Review and Appeal Board December 31, 2017

Upcoming opportunities

New opportunities that will be posted in the coming weeks.
Position Organization
Chairperson Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
Sergeant-at-Arms House of Commons
Commissioner International Joint Commission

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BANK OF CANADA

Statement of financial position as at September 30, 2017

(Millions of dollars) Unaudited
ASSETS
Cash and foreign deposits   16.3
Loans and receivables
Securities purchased under resale agreements 7,001.0  
Advances to members of Payments Canada  
Advances to governments  
Other receivables 8.2  
    7,009.2
Investments
Treasury bills of Canada 21,442.1  
Government of Canada bonds 80,235.5  
Other investments 399.5  
    102,077.1
Property and equipment   566.8
Intangible assets   40.1
Other assets   188.6
  109,898.1
LIABILITIES AND EQUITY
Bank notes in circulation   82,091.9
Deposits
Government of Canada 22,516.9  
Members of Payments Canada 499.7  
Other deposits 2,339.3  
    25,355.9
Securities sold under repurchase agreements   1,300.0
Other liabilities   658.8
    109,406.6
Equity
Share capital 5.0  
Statutory and special reserves 125.0  
Available-for-sale reserve 361.5  
    491.5
109,898.1

I declare that the foregoing return is correct according to the books of the Bank.

Ottawa, October 17, 2017

Sabrina Liguori
Senior Director, Financial Operations

I declare that the foregoing return is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.

Ottawa, October 17, 2017

Stephen S. Poloz
Governor