Canada Gazette

Significant New Activity Notice
(Section 85 of the Canadian Environmental
Protection Act, 1999)

Whereas the Ministers of the Environment and of Health have assessed information in respect of the substance Alkanamide, (3,3'-dichloro[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[phenylfattyalkyl polyazaalkylidine]-;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic under the Canadian Environmental Protection Act, 1999;

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance.

A significant new activity involving the substance is any new activity other than using it as an ingredient in commercial inks.

A person that proposes a significant new activity set out in this Notice for this substance shall provide the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, with the following information:

(1) A description of the proposed significant new activity in relation to the substance;

(2) All information prescribed by Schedule 4 of the New Substances Notification Regulations (Chemicals and Polymers); and

The above information will be assessed within 90 days of its being provided to the Minister of the Environment.

A Significant New Activity Notice (SNAc Notice) is a legal document pursuant to subsection 81(4) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) issued by the Minister, that lists the activities for a given substance in Canada for which there has been no finding of toxicity under the CEPA 1999. The SNAc Notice sets out the appropriate information that must be sent to the Minister for assessment prior to the commencement of a new activity as described in the SNAc Notice.

Substances that are not listed on the Domestic Substances List can only be imported or manufactured by the person who has met the requirements under sections 81 or 106 of the CEPA 1999. Under section 86 of the CEPA 1999, in circumstances where a SNAc Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the SNAc Notice and of the obligation to notify of any new activity and all other information as described in the SNAc Notice. It is the responsibility of the users of the substance to be aware of and comply with the SNAc Notice and to submit a SNAc notification to the Minister prior to the commencement of a significant new activity associated with the substance.

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

Notice No. DGTP-002-06 — Policy provisions for the band 2 500-2 690 MHz to facilitate future mobile service

The purpose of this notice is to announce the Department's policy on the use of the spectrum in the band 2 500-2 690 MHz. On November 16, 2001, fixed and mobile services were allocated throughout the band 2 500-2 690 MHz. At that time, Industry Canada indicated that the use of the mobile service would be subject to the development of appropriate licensing considerations. On April 30, 2004, the Department initiated a public consultation on the use of the band 2 500-2 690 MHz through Canada Gazette notice DGTP-004-04 that considered the ongoing spectrum planning activities and the licensing approach for all services allocated in the band.

Comments received indicated that technology is evolving rapidly with the promise of converged fixed and mobile services. There remains some uncertainty on the timing and amount of spectrum required to implement mobile services. Some operators indicated a desire to pursue new wireless opportunities, including mobile, while others were uncertain as to the timing for the implementation of new services. As a result, the Department is not prepared to launch a spectrum re-farming exercise at this time that would require displacement of incumbents and changes to their spectrum assignments. Nonetheless, enabling the mobile service gives effect to the fundamental reallocation of the spectrum made in 2001. There is an overriding policy need to accommodate the introduction of new services, such as mobile and broadband Internet access, and to encourage the most efficient use of the spectrum. Consequently, the development of licensing considerations appropriate to the mobile service is important.

In the formulation of this policy, it is recognized that market demand should play a role in the development of new services for Canadians; mobile spectrum is very valuable; and there are numerous technological advances occurring in the 2 500 MHz band. Several interested parties have asked for a flexible licensing approach to allow the implementation of new services. The Department agrees that a flexible approach to the use of the spectrum is desirable as it allows market forces to play a greater role in determining its best use.

The added regulatory flexibility to permit the mobile service together with the greater spectrum efficiencies associated with mobile technologies and the increased value associated with mobile spectrum constitute a significant material change. The implementation of the mobile service justifies a reassessment of the licensing requirements, including the amount of spectrum retained by incumbent licensees.

(a) Operators may continue to offer broadband Internet access services in accordance with the fixed service definition and in accordance with the 2500 MHz Multipoint Communications Systems Policy and Licensing Procedures of June 1999;

(b) Operators are advised that under the fixed service, they cannot offer service to subscriber stations that are intended to be used while in motion. Consequently, licensees or their affiliates cannot use the 2 500 MHz spectrum to offer for sale and/or provide service to battery-operated hand-held terminals or provide network mobility features such as handoff between base stations.

(a) Any of the previously allocated MDS broadcasting spectrum in the 2 500 MHz band can also be used for fixed telecommunications services. The MDS operators may continue to offer broadcasting distribution services, in accordance with a licence from the CRTC;

(b) Should existing MDS operators wish to offer fixed broadband Internet access services, they may apply to the Department for a spectrum licence under the fixed service in the band 2 596-2 686 MHz. Conditions of licence will be applicable and may include terms and conditions of licence similar to current MCS authorizations.

(a) The unassigned spectrum in the band 2 596-2 690 MHz, in a number of areas of Canada, is available for the development of mobile service, as well as for fixed broadband access, in accordance with the new band plan (see section 5). Significant interest has been shown recently by entities to access this prime spectrum to develop new wireless services;

(b) Should existing MCS or MDS licensees, authorized to operate in the 2 500 MHz band, wish to offer mobile services, they may apply to the Department for a new spectrum licence in the mobile service. The Department may issue a new spectrum licence which will include mobile service for approximately two thirds of the originally authorized spectrum in the 2 500 MHz band, and one third will be returned to the Department subject to the following:

In order to implement mobile service, the Department will adopt a new band plan (see section 5), taking into account the needs of incumbents and other requirements. The spectrum that needs to be returned to the Department from the incumbents in order to be authorized to provide mobile service will be

(i) the band 2 535-2 568 MHz (33 MHz),

(ii) the band 2 657-2 690 MHz (33 MHz), and

(iii) the Department will establish additional guidelines in accordance with the policy framework discussed below.

The Department will initiate a public consultation as soon as possible to establish the policy framework for licensing spectrum permitting mobile in the band using an auction process. The framework will provide the basis for an initial auction of unassigned spectrum plus any spectrum returned by incumbents at that time, and for subsequent auctions of spectrum which becomes available. It is anticipated that this consultation will address, inter alia, competition issues (such as head-start, spectrum cap, roaming and measures for encouraging new entrants) and licence fees.

(a) Consistent with its long-term policy, the Department will harmonize the band plan to be compatible with the U.S. band plan, as appropriate;

(b) Requests by licensees to change their spectrum assignment to the new band plan will be encouraged, and the Department's decisions will be based on relevant considerations, including impact on other licensees and technical and related matters at that time;

(i) to decide whether to implement a new band plan as contemplated in this policy,

(ii) to decide when to adopt and to implement the new band plan, and

(iii) to take any action to ensure that the new band plan is implemented and that the incumbents fully conform to the new band plan and this policy, at a date determined by the Department and after due notice; and

This policy does not bind or prevent the Minister from taking any action in the future under the powers conferred to the Minister under the Radiocommunication Act.

Copies of this notice and of documents referred to are available electronically on the Spectrum Management and Telecommunications Web site at http://strategis.gc.ca/spectrum.

Official printed copies of Canada Gazette notices can be obtained from the Canada Gazette Web site at http://canadagazette.gc.ca/publication-e.html or by calling the sales counter of Canadian Government Publishing at (613) 941-5995 or 1-800-635-7943.

The Government of Canada is seeking the views of Canadian stakeholders on a joint study it is undertaking with the Government of Japan designed to examine the implications of further promotion and liberalization of bilateral trade and investment. The joint study is a key component of the Canada-Japan Economic Framework that was signed by the two governments on November 19, 2005, as a means of reinforcing the bilateral economic relationship.

The findings of the joint study will be used to enhance Canada's commercial relations with Japan, including through the potential use of various policy tools. Comments are invited on existing barriers to trade and investment, possible policy tools to address those issues, and advice on how best to promote the bilateral commercial relationship.

A promising and important market for Canada, Japan remains the world's second largest economy and is once again on a path of sustainable economic growth. In addition to being a key player in global value chains, Japan is Canada's second-largest export market and a major source of foreign direct investment. In 2005, two-way merchandise trade between Canada and Japan stood at $23.6 billion, and bilateral foreign direct investment exceeded $20 billion. Bilateral trade in services is growing, with $5.21 billion in services traded between our two countries in 2005. Today, trade in goods and services spans the full spectrum of economic activity, and bilateral investment and cooperation in science and technology are increasing and adding new dimensions to the relationship.

Economic ties have formed a cornerstone of the Canada-Japan relationship, but both governments have recognized the importance of bringing renewed energy and focus to bilateral economic ties to help ensure that the relationship reaches its full potential. While resource-based products continue to represent much of our exports to Japan, Canada is increasingly an important source of sophisticated, value-added, leading-edge technologies and services. The long-term trend in Japan is toward a growing demand for cost-competitive and innovative products, which represents a significant market opportunity for Canadian firms.

The November 2005 Canada-Japan Economic Framework is designed to reinforce existing bilateral economic ties and to address new and emerging commercial challenges and opportunities. The Framework reinvigorates government-to-government dialogue, lays the groundwork for future cooperation in priority areas, and emphasizes the important role of the private sector in guiding future initiatives. The Framework (www.international.gc.ca/tna-nac/RB/japan-framework-en.asp) includes two attachments: an agreed list of fifteen priority areas of cooperation (www. international.gc.ca/tna-nac/RB/japan-attachment1-en.asp) and the terms of reference for the joint study (www.international.gc.ca/tna-nac/RB/japan-attachment2-en.asp).

The joint study, an integral part of the Economic Framework, was officially launched at the time of the Framework's signing, and a report of key findings will be presented to the prime ministers following its conclusion. A key objective of the joint study is to reflect the views of the private sector to ensure that the study is both comprehensive and meaningful. The joint study will analyze the current status of the bilateral economic relationship and examine the benefits, costs and implications of further promoting and liberalizing trade and investment between Canada and Japan.

Input from Canadian stakeholders will play a central role in the development of the joint study. The Government of Canada seeks the views of stakeholders on any barriers to trade and investment that limit the expansion of trade and investment between Canada and Japan, as well as views on potential policy tools to address these issues and recommendations on how best to promote the bilateral commercial relationship.

All interested parties are invited to submit, by May 31, 2006, advice, views and experiences with respect to the following:

1. The contributor's name and address and, if applicable, his/ her organization, institution or business.

3. Precise information on the rationale for the positions taken, including any significant impact it may have on Canada's domestic or foreign interests.

Contributions can be sent to Trade Negotiations Consultations (Japan), Regional Trade Policy Division (TBP), International Trade Canada, 125 Sussex Drive, Ottawa, Ontario K1A 0G2, consultations@international.gc.ca (email), (613) 944-3489 (fax).

Additional information on the Canada-Japan Economic Framework and Canada's relationship with Japan can be found at

GOVERNMENT NOTICES