Canada Gazette, Part I, Volume 154, Number 29: GOVERNMENT NOTICES

July 18, 2020

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 16528a (variation to Significant New Activity Notice No. 16528)

Significant New Activity Notice

(Section 110 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in their possession in respect of the living organism identified as Atlantic salmon (Salmo salar L.) bearing a single copy of the α-form of the opAFP-GHc2 recombinant DNA construct at the α-locus in the EO-1α lineage, under section 108 of the Canadian Environmental Protection Act, 1999;

Whereas the living organism is not specified on the Domestic Substances List;

And whereas the Minister of the Environment has on November 23, 2013, published Significant New Activity Notice No. 16528, in relation to the living organism identified as genetically engineered Atlantic salmon (Salmo salar) containing a single copy of the opAFP-GHc2 transgene at the EO-1α locus, because the ministers suspect that a significant new activity in relation to the living organism may result in the living organism becoming toxic within the meaning of section 64 of the Act,

Therefore, the Minister of the Environment hereby varies Significant New Activity Notice No. 16528, pursuant to subsection 110(2) of the Canadian Environmental Protection Act, 1999, in accordance with the Annex.

Jonathan Wilkinson
Minister of the Environment

ANNEX

1. The Annex to Significant New Activity Notice No. 16528 is replaced by the following:

ANNEX

Information requirements

(Section 110 of the Canadian Environmental Protection Act, 1999)

1. In relation to the living organism identified as Atlantic salmon (Salmo salar L.) bearing a single copy of the α-form of the opAFP-GHc2 recombinant DNA construct at the α-locus in the EO-1α lineage, a significant new activity is any activity other than

2. For the purposes of this notice, “research and development organism” has the same meaning as in subsection 1(1) of the New Substances Notification Regulations (Organisms).

3. For the purposes of this notice, “contained facility” means a land-based facility with walls, a floor and a ceiling from which there is no release of the living organism at any life stage and where the conditions listed below are satisfied.

4. The Minister of the Environment must receive, at least 120 days before the commencement of each proposed significant new activity, the following information:

5. The above information will be assessed within 120 days after the day on which it is received by the Minister of the Environment.

EXPLANATORY NOTE

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

Description

This Significant New Activity (SNAc) Notice is a legal instrument adopted by the Minister of the Environment pursuant to section 110 of the Canadian Environmental Protection Act, 1999 (the Act) to apply the SNAc provisions of that Act to the Atlantic salmon (Salmo salar L.) bearing a single copy of the α-form of the opAFP-GHc2 recombinant DNA construct at the α-locus in the EO-1α lineage. This is a variation of Significant New Activity Notice No. 16528, published in the Canada Gazette on November 23, 2013, to include additional operating requirements should the living organism mentioned above be used with other non-modified Salmonidae fish at the same facility. Due to waivers obtained pursuant to paragraph 106(8)(b) of the Act, the notifier may manufacture or use the living organism only in contained facilities at Bay Fortune and Rollo Bay West, Prince Edward Island. The purpose of the variation is to ensure that transgenic eggs of the living organism are not inadvertently mixed with non-transgenic eggs. The Notice is now in force. It is therefore mandatory to meet all the requirements of the Notice should a person intend to use the living organism for a significant new activity as defined in the Notice.

A SNAc Notice does not constitute an endorsement from the Department of the Environment or the Government of Canada of the living organism to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this living organism or activities involving the living organism.

Applicability of the Significant New Activity Notice

The Notice requires that any person (individual or corporation) engaging in a SNAc in relation to the Atlantic salmon (Salmo salar L.) bearing a single copy of the α-form of the opAFP-GHc2 recombinant DNA construct at the α-locus in the EO-1α lineage submits a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Notice at least 120 days prior to using the living organism for the SNAc.

In order to address potential environmental toxicity concerns, the Notice requires notification in relation to the use of the living organism outside of a contained facility having redundant containment measures for the entire lifecycle of the living organism.

Activities not subject to the Notice

Uses of the living organism that are regulated under the Acts of Parliament listed in Schedule 4 of the Act, including the Feeds Act and the Health of Animals Act, are excluded from the Notice.

Information to be submitted

The Notice sets out the information that must be provided to the Minister 120 days before the day on which the living organism Atlantic salmon (Salmo salar L.) bearing a single copy of the α-form of the opAFP-GHc2 recombinant DNA construct at the α-locus in the EO-1α lineage is used for a SNAc. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct risk assessments within 120 days after the complete information is received.

The earlier assessment of the living organism identified potential concerns associated with the release of the living organism into the environment. The purpose of the SNAc Notice is to gather toxicity information and to ensure that the living organism will undergo further assessment before significant new activities are undertaken.

The information requirements in the Notice relate to general information in respect of the living organism, details surrounding its use, exposure information, and toxicity to the environment. Some of the information requirements reference the New Substances Notification Regulations (Organisms).

Additional guidance on preparing a SNAN can be found in section 1.2 of the Guidelines for the Notification and Testing of New Substances: Organisms (PDF).

Compliance

When assessing whether or not a living organism is subject to SNAc provisions, a person is expected to make use of information in their possession or to which they may reasonably have access. This means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information.

If any information becomes available that reasonably supports the conclusion that the Atlantic salmon (Salmo salar L.) bearing a single copy of the α-form of the opAFP-GHc2 recombinant DNA construct at the α-locus in the EO-1α lineage is toxic or capable of becoming toxic, the person who is in possession of the information and is involved in activities with the living organism is obligated, under section 70 of the Act, to provide that information to the Minister without delay.

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

Under section 111 of the Act, any person who transfers the physical possession or control of a living organism subject to a SNAc notice must notify all persons to whom the physical possession or control is transferred of the obligation to comply with the notice, including the obligation to notify the Minister of any SNAc and to provide all the required information.

A pre-notification consultation (PNC) is recommended for notifiers 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, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances with
the New Substance Program by contacting the Substance Management Information Line (eccc.substances.eccc@canada.ca [email], 1‑800‑567‑1999 [toll-free in Canada], and 819‑938‑3232 [outside of Canada]).

The Act is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act. 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.

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of 11 substances of the Alkanolamines and Fatty Alkanolamides Group specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas 9 of the 11 substances identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft screening assessment conducted on two substances pursuant to paragraphs 68(b) and (c) of the Act and on nine substances pursuant to section 74 of the Act is annexed hereby;

And whereas it is 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 at this time under section 77 of the Act for the nine substances identified under subsection 73(1) of the Act.

Notice is further given that the ministers propose to take no further action on the other two substances at this time.

Notice is further given that options are being considered for follow-up activities to track changes in exposure to DEA, LDE, CDE and TEA.

Public comment period

Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the 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. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by email to eccc.substances.eccc@canada.ca, or by using the online reporting system available through Environment and Climate Change Canada’s Single Window.

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

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

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

ANNEX

Summary of the draft screening assessment of the Alkanolamines and Fatty Alkanolamides Group

Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of 11 substances referred to collectively under the Chemicals Management Plan as the Alkanolamines and Fatty Alkanolamides Group. Substances in this group were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns. One additional substance (CAS RN 85204-21-3) was included in this assessment because it was determined to be a priority as a result of the approach described for the identification of risk assessment priorities (IRAP). The Chemical Abstracts Service Registry Numbers (CAS RNsfootnote 1), the Domestic Substances List (DSL) names and the abbreviations of these substances are listed in the table below. Eight substances in this screening assessment were originally referred to as the Alkanolamines Group under the Chemical Management Plan, while the three fatty alkanolamides (CAS RNs 120-40-1, 142-78-9, and 68603-42-9) were moved from the Fatty Amides Group as they potentially contain residual alkanolamines (i.e. CAS RNs 141-43-5 or 111-42-2).

Substances in the Alkanolamines and Fatty Alkanolamides Group
CAS RN Subgroup DSL name Abbreviation
141-43-5 1 Ethanol, 2-amino- MEA
100-37-8 1 Ethanol, 2-(diethylamino)- DEEA
142-78-9 1 Dodecanamide, N-(2-hydroxyethyl)- LME
111-42-2 2A Ethanol, 2,2′-iminobis- DEA
120-40-1 2A Dodecanamide, N,N-bis(2-hydroxyethyl)- LDE
68603-42-9 table a1 note a 2A Amides, coco, N,N-bis(hydroxyethyl) CDE
61791-31-9 table a1 note a 2B Ethanol, 2,2′-iminobis-, N-coco alkyl derivs. CADEA
61791-44-4 table a1 note a 2B Ethanol, 2,2′-iminobis-, N-tallow alkyl derivs. TADEA
102-71-6 3 Ethanol, 2,2′,2″-nitrilotris- TEA
122-20-3 table a1 note b 3 2-Propanol, 1,1′,1″-nitrilotris- TIPA
85204-21-3 table a1 note a table a1 note c 3 2-Butenoic acid, 4-[(2-ethylhexyl)amino]-4-oxo-, (Z)-, compd. with 2,2′,2″-nitrilotris[ethanol] (1:1) BATEA

Table a1 note(s)

Table a1 note a

The substance bearing this CAS RN is a UVCB (substance of unknown or variable composition, complex reaction products, or biological materials).

Return to table a1 note a referrer

Table a1 note b

This substance was not identified under subsection 73(1) of CEPA but was included in this assessment, as it was considered a priority on the basis of other human health concerns.

Return to table a1 note b referrer

Table a1 note c

This substance was not identified under subsection 73(1) of CEPA but was included in this assessment, as it was considered a priority as a result of the approach described for the identification of risk assessment priorities (IRAP).

Return to table a1 note c referrer

MEA is produced endogenously in humans, animals and plants. DEA can also be isolated from plants, but MEA is the only member of the group that occurs naturally in food items. Substances in the Alkanolamines and Fatty Alkanolamides Group, except MEA and BATEA, were included in a survey issued pursuant to section 71 of CEPA. Only DEA (100 000 kg to 1 000 000 kg), CDE (1 000 000 kg to 10 000 000 kg), TADEA (1 000 000 kg to 10 000 000 kg) and TEA (10 000 kg to 100 000 kg) were reported to be manufactured in Canada in 2011 above the reporting threshold of 100 kg. Canadian manufacture quantities are not available for MEA. In the same year, all reported substances in the Alkanolamines and Fatty Alkanolamides Group were imported into Canada in 2011 above the reporting threshold of 100 kg, ranging from 10 000 kg to 100 000 kg (for CADEA and LME) and from 1 000 000 kg to 10 000 000 kg (for CDE). According to the Canadian International Merchandise Trade Database, total imports of MEA into Canada between 2014 and 2017 ranged from 23 806 266 kg (2015) to 28 829 405 kg (2017). Although Canadian manufacturing and import quantities are not available for BATEA, the substance was not identified in products available to consumers.

Substances in the Alkanolamines and Fatty Alkanolamides Group have been reported to be used in a range of industrial and consumer applications as antistatic agents, corrosion inhibitors, emulsifiers, foam stabilizers, chemical intermediates, pH adjusters, surfactants and viscosity modifiers. Uses of BATEA were not identified for the general population in Canada, but the other substances in the Alkanolamines and Fatty Alkanolamides Group may be present in food (MEA) or may be used in food packaging materials (MEA, DEEA, DEA, LDE, CDE, CADEA, TADEA, TEA, and TIPA), cosmetics (MEA, LME, LDE, CDE, TEA, and TIPA), drugs (MEA, DEA, CDE, and TEA), natural and non-prescription health products (MEA, DEA, LDE and CDE, TEA, TIPA), various household cleaners (MEA, DEA, CDE, CADEA, TEA, and LME), and other products available to consumers.

The ecological risks of the substances in the Alkanolamines and Fatty Alkanolamides Group were characterized using the ecological risk classification (ERC) of organic substances, which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are 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 on the basis of their hazard and exposure profiles. Based on the outcome of the ERC analysis, the 11 substances in the Alkanolamines and Fatty Alkanolamides Group are considered unlikely to be causing ecological harm.

Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from MEA, DEEA, LME, DEA, LDE, CDE, CADEA, TADEA, TEA, TIPA and BATEA. It is proposed to conclude that the 11 substances in the Alkanolamines and Fatty Alkanolamides Group 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.

With respect to human health, the substances in this screening assessment have been divided into three subgroups (monohydroxyl, dihydroxyl and trihydroxyl compounds) based on the number of alkanol moieties attached to the nitrogen atom in an amino or amide group. Potential exposure of the general population of Canada to substances in this group can occur through air and drinking water, as well as from use of products available to consumers.

In laboratory studies, the monohydroxyl substance MEA affected reproductive parameters and the larynx. A comparison of levels of MEA to which the general population may be exposed through its natural occurrence in food and through its use in all-purpose cleaner sprays with levels associated with critical effects resulted in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases. DEEA was shown to have effects on the liver and on body weight. A comparison of levels to which the general population may be exposed through its use in floor polish/wax with levels associated with critical effects resulted in margins that are considered adequate to account for uncertainties in the health effects and exposure databases. LME is considered to be of low concern for human health based on consideration of health effects information from structurally similar substances and risk to human health is therefore considered to be low.

DEA, LDE and CDE are dihydroxyl compounds. LDE and CDE have the potential to contain residual DEA. The International Agency for Research on Cancer has classified DEA and CDE as possibly carcinogenic to humans, but it has not assessed LDE. In laboratory studies, there were increased incidences of liver tumours with DEA, as well as with LDE or CDE due to residual DEA. Non-cancer kidney and liver effects were also observed with DEA, LDE and CDE, with additional non-cancer effects in the blood with DEA. For DEA, LDE, or CDE, a comparison of levels to which the general population may be exposed through drinking water (DEA, CDE) or potential use in food packaging materials (LDE only), and through the use of products available to consumers (including DEA in wall paint and dishwashing liquid, LDE in body soap and CDE in shampoo) with critical effect levels resulted in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases. A DEA-based cancer risk assessment was conducted in this document. Margins between levels of exposure of the general population from daily exposures to DEA and cancer effects were considered adequate. The margins were also expected to be adequate for daily exposures to LDE or CDE for cancer effects, given the relatively lower amount of DEA expected in LDE or CDE.

CADEA and TADEA are dihydroxyl compounds that are fatty acid diethanolamines. In laboratory studies, CADEA affected reproductive parameters. Comparison of CADEA levels to which the general population may be exposed through its potential use in food packaging materials and through the use of products available to consumers with critical effect levels resulted in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases. In laboratory studies, TADEA affected body weights. A comparison of TADEA levels to which the general population may be exposed through its potential use in food packaging materials and through the use of products available to consumers with critical effect levels resulted in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases.

TEA, TIPA and BATEA are trihydroxyl compounds. In laboratory studies, TEA caused liver tumours and affected reproductive parameters. Comparison of the levels to which the general population may be exposed through non-fluoridated toothpaste and through the use of products available to consumers with critical effect levels resulted in margins of exposure that are considered adequate to account for uncertainties in the health effects and exposure databases for cancer and non-cancer effects. No health effects have been reported in laboratory studies with TIPA, and risk to the general population is therefore considered to be low. BATEA was not identified as posing a high hazard to human health on the basis of classifications by other national or international agencies for carcinogenicity, genotoxicity, developmental toxicity or reproductive toxicity. Levels of BATEA in environmental media are considered minimal based on expected limited use in Canada and BATEA was not identified in products available to consumers.

It is proposed to conclude that MEA, DEEA, LME, DEA, LDE, CDE, CADEA, TADEA, TEA, TIPA and BATEA 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 the 11 substances in the Alkanolamines and Fatty Alkanolamides Group do not meet any of the criteria set out in section 64 of CEPA.

Consideration for follow-up

While exposure of the general population to DEA, LDE, CDE and TEA is not of concern at current levels, these substances are associated with human health effects of concern. Therefore, there may be concerns if exposure were to increase. Follow-up activities to track changes in exposure or commercial use patterns are under consideration.

Stakeholders are encouraged to provide, during the 60-day public comment period on the draft screening assessment, any information pertaining to the substances that may help inform the choice of follow-up activity. This could include information on new or planned import, manufacture or use of the substances, if the information has not previously been submitted to the ministers.

The draft screening assessment of these substances is available on the Canada.ca (Chemical Substances) website.

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed Guidance on Monitoring the Biological Stability of Drinking Water in Distribution Systems

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed Guidance on Monitoring the Biological Stability of Drinking Water in Distribution Systems. The proposed guidance document is available from July 17, 2020, to October 16, 2020, on the Health Canada consultation web page. Any person may, within 90 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments must be sent by email at HC.water-eau.SC@canada.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, AL 4903D, Ottawa, Ontario K1A 0K9.

July 17, 2020

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Executive summary

The drinking water distribution system is the last protective barrier before water reaches the consumers’ tap. A well-maintained and -operated distribution system is therefore a critical component of providing safe drinking water. In order to maintain water quality in the distribution system, it is essential to understand when changes occur. This understanding is achieved through the use of routine monitoring aimed at assessing the biological stability of water in the distribution system.

Health Canada completed its review of the biological stability of drinking water in distribution systems. This guidance document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and describes the significance of biological stability in drinking water distribution systems, monitoring approaches and best practices designed to ensure safe drinking water.

Assessment

Distribution systems represent a complex and dynamic environment, where numerous physical, chemical and biological interactions and reactions capable of significantly impacting water quality can occur. As a consequence, illness and waterborne outbreaks have been linked to the degradation of water quality in distribution systems. Despite this, drinking water distribution systems, and the changes in biological stability within them, are generally not characterized or well understood. The intent of this document is to provide stakeholders, such as provincial and territorial regulatory authorities, decision makers, water system owners and operators and consultants with guidance on the use of monitoring methods to assess the biological stability of water in distribution systems, with the objective of minimizing public health risks in Canadian water systems.

International considerations

Other national and international organizations have drinking water guidance, guidelines, or standards related to monitoring water quality and biological stability in the distribution system. Variations in these values can be attributed to when the assessments were completed or to differing policies and approaches.

The World Health Organization (WHO) advocates a water safety plan approach that includes an operational monitoring program in the distribution system and in buildings. The WHO also suggests optimized natural organic matter removal as a means to minimize biofilm growth in the distribution system. In Australia, operational and drinking water quality monitoring parameters are defined for assessing the potential for stagnation, biofilm formation, and ingress of contamination in the distribution system. The United States Environmental Protection Agency’s (U.S. EPA) Revised Total Coliform Rule establishes routine sampling at sites throughout the distribution system, with requirements to “find and fix” sanitary defects in the distribution system. The U.S. EPA also provides guidance on water quality monitoring in distribution systems in the form of various white papers and reports. The European Union’s Drinking Water Directive establishes a minimum frequency of sampling in the distribution system based on the volume of water distributed or produced each day within a supply zone and defines a series of “check monitoring” parameters.

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

July 9, 2020

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF NATURAL RESOURCES

CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT

Notice of setting aside of Fundamental Decisions of the Canada-Nova Scotia Offshore Petroleum Board

On March 10, 2020, the Minister of Natural Resources received notice of the following three Fundamental Decisions from the Canada-Nova Scotia Offshore Petroleum Board related to the 2020 Calls for Bids:

Pursuant to section 34 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, the Nova Scotia Minister of Energy and Mines suspended the implementation of these Fundamental Decisions for a period ending on May 11, 2020.

Following the suspension and pursuant to paragraph 35(1)(a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, this notice confirms that on May 11, 2020, and consistent with the approach taken by the provincial Minister of Energy and Mines, the federal Minister of Natural Resources set aside these Fundamental Decisions.

July 9, 2020

Timothy Gardiner
Senior Director
Offshore Petroleum Management Division
On behalf of the Minister of Natural Resources

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order No. 3 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19)

Whereas the Minister of Transport believes that the annexed Interim Order No. 3 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19) is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to subsection 120(1)footnote a and paragraphs 136(1)(f)footnote b and (h)footnote b and 244(f)footnote c of the Canada Shipping Act, 2001footnote d;

Therefore, the Minister of Transport, pursuant to subsection 10.1(1)footnote e of the Canada Shipping Act, 2001 footnote d, makes the annexed Interim Order No. 3 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19).

Ottawa, June 30, 2020

Marc Garneau
Minister of Transport

Interim Order No. 3 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19)

Definitions

Definitions

1 The following definitions apply in this Interim Order.

Application

Application

2 This Interim Order applies to passenger vessels and ferry vessels until October 31, 2020.

Prohibition

Prohibition — Canadian waters other than arctic waters

3 It is prohibited to navigate, moor, anchor or berth in Canadian waters, other than arctic waters, if

Prohibition — arctic waters

4 It is prohibited for a passenger vessel to enter arctic waters from any other waters.

Exceptions

5 (1) Sections 3 and 4 do not apply to

Foreign vessels in certain waters

(2) Despite section 3, a foreign vessel may, in the Great Lakes, the Inside Passage, the St. Lawrence River, the Gulf of St. Lawrence or the St. Lawrence Seaway

Passenger Vessels That Provide Essential Services and Ferry Vessels

Permission

6 (1) Sections 3 and 4 do not apply to a passenger vessel that provides essential services if

Notice to the Minister

(2) The authorized representative of a vessel that implements measures in accordance with paragraph (1)(b) must notify the Minister, in writing, of the measures before implementing them and must keep a copy of the notice on board.

Guidelines

7 The authorized representative and master of a passenger vessel that provides essential services must make reasonable efforts to implement and put in place the measures contained in the guidelines that are set out in the document entitled COVID-19: Guidance Material for Passenger Vessel and Ferry Operators published on April 17, 2020 by the Marine Safety Directorate of Transport Canada, as amended from time to time.

Ferry Vessels

8 The authorized representative and master of a ferry vessel must ensure that at least one of the requirements set out in section 6 is met and comply with the requirement set out in section 7.

Arctic Waters

Foreign vessels in arctic waters

9 (1) At least 60 days before the expected date of arrival in arctic waters of a vessel referred to in paragraph 5(1)(e), the master of the vessel must give written notice to the Minister of the arrival of the vessel in those waters.

Conditions

(2) The Minister may impose, in respect of a vessel for which notice has been given, any conditions that the Minister considers appropriate.

Responsibility of master

(3) The master must ensure that the vessel and its crew comply with any conditions that the Minister imposes.

Prohibition — Authorized Representative and Master

Prohibition

10 The authorized representative and master of a passenger vessel must not permit the vessel to contravene any of the restrictions or prohibitions set out in this Interim Order.

Ministerial Exemptions

International obligations and external affairs of Canada

11 The Minister may, in writing, exempt a passenger vessel from any of the restrictions or prohibitions set out in this Interim Order if

Repair

12 (1) The Minister may, in writing, exempt a passenger vessel from any of the restrictions or prohibitions set out in this Interim Order if

60 days notice

(2) At least 60 days before the expected date of arrival in Canadian waters of the vessel, the master must give written notice to the Minister of the arrival of the vessel in those waters.

Passenger Vessels

13 The Minister may, in writing, exempt a passenger vessel from any of the restrictions or prohibitions set out in this Interim Order if

Application for exemption

14 (1) An authorized representative of a passenger vessel may apply to the Minister for an exemption under any of sections 11 to 13.

Conditions of exemption

(2) An exemption is subject to any conditions that the Minister considers appropriate.

Amending conditions

(3) The Minister may add, amend or remove conditions if the Minister determines that it is necessary to do so for the purposes of navigation safety, public health and safety or protection of the marine environment.

Exemption on board

(4) The exemption must be kept on board the vessel.

Suspension or revocation

(5) The Minister may suspend or revoke an exemption if

Notice

(6) The Minister must give notice, in writing, of the suspension or revocation to the authorized representative of the vessel.

Publication — Canada Gazette

(7) Notice of every exemption issued under this Interim Order must be published in the Canada Gazette.

Enforcement

Persons ensuring compliance

15 (1) The following persons are authorized to ensure compliance with this Interim Order:

Powers and duties

(2) A person who is authorized to ensure compliance with this Interim Order may

Obligation to comply

16 A person or vessel must comply with any direction given to them or a requirement or prohibition imposed on them under subsection 15(2).

Repeal

17 The Interim Order No. 2 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19), made on April 21, 2020, is repealed.

SCHEDULE

(Section 1)

Passenger Vessels That Provide Essential Services

Item

Vessels

1

A vessel operating to protect public health or safety or the marine environment including a vessel that is involved in

  • (a) search and rescue operations; or
  • (b) emergency or environmental response.

2

A vessel that supports the activities of any of the following at their request:

  • (a) the Minister;
  • (b) the Minister of Fisheries and Oceans;
  • (c) a member of the Canadian Coast Guard; or
  • (d) a peace officer in the performance of their duties.

3

A vessel that operates when it is the most practical means to

  • (a) give passengers access to their domicile or residence or their place of employment;
  • (b) give passengers access to essential goods and services, including
    • (i) goods or services directly related to the response to COVID-19 table b1 note *
    • (ii) essential health services table b1 note ** and
    • (iii) food, potable water, pharmaceuticals and fuel.
  • (c) transport cargo to resupply communities, businesses or industry; or
  • (d) give passengers access to services that are declared to be essential services by the Government of Canada, a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group.

Table b1 note(s)

Table b1 note *

medical equipment, testing and laboratory services

Return to table b1 note * referrer

Table b1 note **

primary health care services and pharmacies

Return to table b1 note ** referrer

PRIVY COUNCIL OFFICE

Appointment opportunities

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

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

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

Current opportunities

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

Position Organization Closing date
Member Atlantic Pilotage Authority  
Chairperson Canada Council for the Arts  
President and Chief Executive Officer Canada Lands Company Limited  
President Canada Mortgage and Housing Corporation  
Member (Federal) Canada–Newfoundland and Labrador Offshore Petroleum Board  
Chief Executive Officer Canadian Centre on Substance Abuse  
President Canadian Commercial Corporation  
Chief Executive Officer Canadian Energy Regulator  
Commissioner (full-time), Commissioner (part-time) Canadian Energy Regulator  
Director Canadian Energy Regulator  
Chief Commissioner Canadian Grain Commission  
Commissioner Canadian Grain Commission  
Member Canadian Human Rights Tribunal  
Chairperson Canadian International Trade Tribunal  
Director Canadian Museum for Human Rights  
Permanent Member Canadian Nuclear Safety Commission  
Executive Director Canadian Race Relations Foundation  
Member (Alberta and Northwest Territories) Canadian Radio-television and Telecommunications Commission  
Member (Atlantic and Nunavut) Canadian Radio-television and Telecommunications Commission  
President Canadian Space Agency  
Chairperson Canadian Transportation Agency  
Temporary Member Canadian Transportation Agency  
Chief Administrator Courts Administration Service  
President Destination Canada  
Director Export Development Canada  
Director Farm Credit Canada  
Chairperson Federal Public Sector Labour Relations and Employment Board  
Vice-Chairperson Federal Public Sector Labour Relations and Employment Board  
Chairperson Great Lakes Pilotage Authority Canada  
Director (Federal) Hamilton-Oshawa Port Authority  
Assistant Deputy Chairperson Immigration and Refugee Board of Canada  
Members (appointment to roster) International Trade and International Investment Dispute Settlement Bodies  
Chairperson Marine Atlantic Inc.  
Director (Federal) Nanaimo Port Authority  
Secretary National Battlefields Commission  
Member Natural Sciences and Engineering Research Council of Canada  
Taxpayers’ Ombudsman Office of the Taxpayers’ Ombudsman  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Chairperson Polar Knowledge Canada  
Member Polar Knowledge Canada  
President Polar Knowledge Canada  
Director Public Sector Pension Investment Board  
Member Social Sciences and Humanities Research Council of Canada  
President Social Sciences and Humanities Research Council of Canada  
Registrar Supreme Court of Canada  
Chairperson and Member Transportation Appeal Tribunal of Canada  
Member Transportation Appeal Tribunal of Canada  
Vice-Chairperson Transportation Appeal Tribunal of Canada  
Member Transportation Safety Board of Canada