Vol. 138, No. 40 — October 2, 2004

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, the conditions of Permit No. 4543-2-06308 are amended as follows:

12.7. The loading of dredged materials authorized by this permit is restricted to the following locations: Navy Island Terminal (berths No. 1/2 and end of pier); Rodney Terminal Slip (berth No. 3, Rodney Slip, and centre); Rodney Marginal; Terminal 12 (berth No. 12); Lower Cove Terminal; Courtenay Bay (Courtenay Channel, basin, and potash terminal); and Main Channel. The locations are described by the drawing "2004 Estimated Dredging Quantities by Area (Rev)" (February 2004) submitted in support of the permit application and by Figure 1 "Marine Sediment Sampling Design" (July 29, 2004) submitted in support of the amendment request.

K. HAMILTON
Environmental Protection Branch
Atlantic Region

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06311 is approved.

1. Permittee: Hickey & Sons Fisheries Ltd., St. John's, Newfoundland and Labrador.

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations.

3. Term of Permit: Permit is valid from November 20, 2004, to November 19, 2005.

4. Loading Site(s): 47°04.10' N, 53°34.30' W, O'Donnell's, Newfoundland and Labrador.

5. Disposal Site(s): 47°04.00' N, 53°38.00' W, at an approximate depth of 50 m.

6. Route to Disposal Site(s): Most direct navigational route from the loading site to the disposal site.

7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all material to be disposed of during loading and transit to the disposal site.

8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging material.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 250 tonnes.

11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (facsimile), rick.wadman@ec.gc.ca (electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit.

12.2. A written report shall be submitted to Mr. Rick Wadman, identified in paragraph 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the loading and disposal activities occurred.

12.3. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit.

12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any place other than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site.

12.5. The material must be covered by netting or other material to prevent access by gulls, except during direct loading or disposal of the material.

12.6. This permit must be displayed in an area of the plant accessible to the public.

12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location.

12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee.

12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated under the Canadian Environmental Protection Act, 1999.

K. G. HAMILTON
Environmental Protection
Atlantic Region

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice, under subsection 84(5) of the Canadian Environmental Protection Act, 1999, of the ministerial conditions

Whereas the Ministers of Health and of the Environment have assessed information pertaining to the substance 1,1'-(1,2-Ethanediyl)bis[pentabromobenzene], Chemical Abstracts Service No. 84852-53-9,

And whereas the Ministers suspect that the substance is toxic,

The Minister of the Environment hereby imposes, under paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, conditions under Ministerial Condition No. 13228, in accordance with the following text.

STÉPHANE DION
Minister of the Environment

CONDITIONS
(Section 84 of the Canadian Environmental
Protection Act, 1999)

The Notifier may import the substance in any amount after the assessment period expires only in circumstances where the Notifier complies with the following terms:

Application

1. Items 3 to 5 of the following conditions do not apply to the substance if imported as an encapsulated plastic pellet or flake.

Use Restriction

2. The Notifier shall import the substance for use only as a flame retardant additive in wire and cable coatings for the telecommunications, electrical, power and automotive industries.

No Release Into the Environment

3. (1) Subject to paragraph 3(2)(b), the substance shall not be released into the environment.

3. (2) Any liquid wastes containing the substance, including wastes resulting from rinsing vessels that held the substance, process effluents and any residual amounts of the substance, must be

(a) reintroduced into the formulation process; or

(b) disposed of as hazardous wastes as permitted under the laws of the jurisdiction where the disposal facility is located.

Disposal Restriction for Returnable Vessels

4. When returning vessels that contained the substance, to the supplier, the Notifier shall follow the procedures hereafter:

(a) all vessels shall be rinsed with an appropriate solvent to remove any residual substance prior to the vessels being returned to the supplier; or

(b) all vessels shall be sealed prior to the vessels being returned to the supplier.

Disposal Restriction for Non-returnable Vessels

5. (1) When disposing of any vessels that contained the substance the Notifier shall follow the procedures hereafter:

(a) all vessels shall be rinsed with an appropriate solvent to remove any residual substance prior to the containers being disposed of; or

(b) all vessels shall be sealed and disposed of as hazardous wastes as permitted under the laws of the jurisdiction where the disposal facility is located.

5. (2) Where any release of the substance to the environment occurs in contravention of the conditions set out in subitems 3(1) and 3(2), the Notifier shall immediately take all measures necessary to prevent any further release and to limit the dispersion of any release. Furthermore, the Notifier shall notify the Minister of the Environment immediately by contacting an Enforcement Officer designated under the Canadian Environmental Protection Act, 1999 of the closest Regional Office to where the release occurred.

Record-keeping Requirements

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

(a) the quantity of the substance that the Notifier imports, sells and uses;

(b) the name and address of each person buying the substance from the Notifier; and

(c) the name and address of the company, in Canada, disposing of the substance and/or vessels that contained the substance.

6. (2) The Notifier shall maintain electronic or paper records made in subitem 6(1) at the Notifier's principal place of business in Canada for a period of at least five years after they are made.

Information Requirements

7. Should the Notifier intend to manufacture the substance, the Notifier shall inform the Minister of the Environment, in writing, at least 30 days prior to the beginning of manufacturing.

Other Requirements

8. The Notifier shall inform all persons buying the substance, in writing, of the terms of the Condition, and the Notifier shall obtain, prior to any transfer of the substance, written confirmation from persons on their company letterhead that they understand and will meet these terms as if the present Ministerial Condition had been imposed on them. These records shall be maintained at the Notifier's principal place of business in Canada for a period of at least five years after they are made.

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

Publication after screening assessment of substances — Perfluorooctane sulfonate and its salts (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas perfluorooctane sulfonate (PFOS) ammonium salt (CAS 29081-56-9), PFOS potassium salt (CAS 2795-39-3) and PFOS diethanolamine salt (CAS 70225-14-8) are substances on the Domestic Substances List identified to be categorized under paragraph 73(1)(b) of the Canadian Environmental Protection Act, 1999,

Whereas, pursuant to paragraph 74(a) of the Act, the Ministers of the Environment and of Health have conducted a screening assessment on perfluorooctane sulfonate (PFOS), its salts and precursors that contain the C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N group, and

Whereas a summary of the assessment of perfluorooctane sulfonate, its salts and its precursors is annexed hereby,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to recommend to Her Excellency the Governor in Council that perfluorooctane sulfonate and its salts be added to the List of Toxic Substances in Schedule 1 to the Act; and

Notice is also hereby given that the Ministers of the Environment and of Health propose the implementation of virtual elimination of PFOS and its salts under subsection 65(3) of the Act.

Public comment period

As specified under subsection 77(5) of the Act, 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 the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the CEPA Registry Web site (www.ec.gc.ca/CEPARegistry/subs_list/assessments.cfm). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Director, Existing Substances Branch, Environment Canada, Gatineau, Quebec K1A 0H3, (819) 953-4936 (facsimile), ESB.DSE@ec.gc.ca (electronic mail).

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.

JOHN ARSENEAU
Director General
Risk Assessment Directorate
On behalf of the Minister of the Environment

PAUL GLOVER
Director General
Safe Environments Programme
On behalf of the Minister of Health

Publication of final results of investigations and
recommendations for the substances — Compounds
that contain the C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N
group (subsections 68 (b) and (c) of the Canadian
Environmental Protection Act, 1999)

Whereas a summary of the assessment of perfluorooctane sulfonate, its salts and its precursors has been conducted by the Ministers of the Environment and of Health Pursuant to paragraph 74(a) of the Canadian Environmental Protection Act, 1999, and is annexed hereby,

Notice therefore is hereby given that the Ministers of the Environment and of Health intend to recommend to Her Excellency the Governor in Council that compounds that contain the C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N group be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.

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. More information regarding the scientific considerations may be obtained from the CEPA Registry Web site (www.ec.gc.ca/CEPARegistry/subs_list/assessments.cfm). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Director, Existing Substances Branch, Environment Canada, Gatineau, Quebec K1A 0H3, (819) 953-4936 (facsimile), ESB.DSE@ec.gc.ca (electronic mail).

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.

JOHN ARSENEAU
Director General
Risk Assessment Directorate
On behalf of the Minister of the Environment

PAUL GLOVER
Director General
Safe Environments Programme
On behalf of the Minister of Health

ANNEX

Summary of the Screening Assessment of
Perfluorooctane sulfonate, its salts and its precursors

PFOS, its salts and its precursors form part of a larger chemical class of fluorochemicals typically referred to as perfluorinated alkyl compounds. The term PFOS may refer to any of its anionic, acid or salt forms. The perfluorooctylsulfonyl (C₈F₁₇SO₂) or C₈F₁₇SO₃ group is incorporated in a variety of compounds, and these compounds have the potential to transform or degrade back subsequently to PFOS in the environment. For the purpose of this assessment, the term "precursors" is taken to mean compounds that contain the C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N group and which have the potential to transform or degrade to PFOS. The term "precursor" applies to, but is not limited to, the some 50 substances identified in the screening assessment. While the assessment did not consider additive effects of PFOS and all its precursors, it is recognized that precursors contribute to the ultimate loadings of PFOS and may also play a key role in the long-range transport of PFOS to remote areas or are subject to long-range transport and degrading to PFOS in remote areas. Notably, all perfluorinated compounds are of anthropogenic origin, and there are no known natural sources of PFOS. Their presence in the environment is due solely to human activity.

There is no known manufacture of perfluorinated alkyl compounds, including PFOS, in Canada. Approximately 600 tonnes of perfluorinated alkyl compounds were imported into Canada between 1997 and 2000, PFOS representing only a very small proportion of this total. The principal applications for PFOS and its precursors are for water, oil, soil and grease repellents for use on surface and paper-based applications, such as rugs and carpets, fabric and upholstery and food packaging, as well as use in specialized chemical applications, such as fire-fighting foams, hydraulic fluids, carpet spot removers, mining and oil well surfactants and other specialized chemical formulations. Owing to these use patterns, the exposure of humans and the environment to such substances would likely result from contact with, and/or use and disposal of, certain consumer products. In addition, exposure in the environment would likely result from the release, transformation and movement of PFOS and its precursors in effluents and fugitive emissions from manufacturing sites elsewhere in the world, and releases from industrial and municipal wastewater effluents.

Environment

The environmental screening assessment is based on the weight of evidence regarding persistence, bioaccumulation, the presence of PFOS in the environment and in biota, including in remote areas of Canada, as well as on risk quotients which compare estimated no effect levels to estimated exposure concentrations.

PFOS is resistant to hydrolysis, photolysis, microbial degradation and metabolism by vertebrates, and is persistent as it exceeds the persistence criteria for air and water as defined in the Persistence and Bioaccumulation Regulations made under the Canadian Environmental Protection Act, 1999.

PFOS also meets the criteria for persistence for long-range transport. PFOS has been detected throughout the world, including in areas distant from sources, and in virtually all fish and wildlife sampled in the northern hemisphere, including Canadian wildlife in remote sites, far from sources or manufacturing facilities of PFOS and its precursors. This indicates that PFOS and/or precursors may undergo long-range transport. Maximum concentrations in the liver of biota in remote areas of the Canadian Arctic include mink (20 ppb), common loon (26 ppb), ringed seal (37 ppb), brook trout (50 ppb), Arctic fox (1 400 ppb) and polar bear (>4 000 ppb). Concentrations in the liver of higher trophic level biota appear to be higher than levels in lower trophic level biota.

PFOS has high potential for bioaccumulation, and the weight of evidence for bioaccumulation includes bioaccumulation factors and bioconcentration factors which exceed the bioaccumulation criteria defined in the Persistence and Bioaccumulation Regulations of CEPA 1999, and data on elimination half-life in a range of species. Bioaccumulation factors based on measured concentrations in biota in Canada, notably in the Arctic, and in the U.S. ranged from 830 to 125 000. Bioconcentration factors in fish ranged from 200 to 41 600, and while fish may be able to eliminate PFOS via their gills, this mode of elimination is not available to higher trophic level predators such as polar bears, mink and fish-eating birds. In addition to information on PFOS, estimated BCFs for the precursors n-EtFOSEA and n-MeFOSEA were 5 543 and 26 000, respectively.

Based on available toxicity tests and accounting for uncertainties related to extrapolation from an adverse effect level to a no effect level, from laboratory to field conditions, for variability within and among species, and considering PFOS to be persistent and bioaccumulative, estimated no effect levels were determined for fish, birds (liver), birds (serum), and wildlife (0.86 µg;/L, 0.0297 µg;/g, 0.0139 mg/L and 0.0408 µg;/g, respectively). Estimated exposure concentrations for these types of organisms were compared to the estimated no effect concentrations. The resulting risk quotients for fish, birds (liver), birds (serum), and wildlife were 3.4, 21.9, 160 and >98, respectively, indicating that these types of organisms could be harmed by current exposures to PFOS.

Human health

Margins of exposure in the screening health assessment were based on comparison of the mean levels of PFOS in the serum and liver of animals at the critical effect level in a chronic study in rats and a 26-week study in monkeys, and either mean or 95th-percentile levels in serum and/or liver from biomonitoring studies in humans (adults and children).

These margins range between 143 to 2 170 and are considered adequate to address elements of uncertainty, including intraspecies variation, interspecies variation and biological adversity or severity of the effects considered critical here. These margins will also be protective for the increased incidence of tumours observed in the chronic study of PFOS in rats, since the tumours were observed only at doses of PFOS that were higher than those that induced non-neoplastic effects and since the weight of evidence indicates that PFOS (and precursors) are not genotoxic. While the margins for blood levels in children are somewhat less (approximately 145 for the 95th-percentile values), more appropriate margins for comparison with the effect level from long-term studies are those for adults (approximately 225 for the 95th-percentile values), since they are exposed for a greater portion of their life span. In addition, the critical lowest-observed-effect levels selected for development of these margins of exposure are very conservative, being about an order of magnitude less than values in other studies (i.e. for effects observed in reproductive studies with rats). The margins are also based on more relevant metrics of exposure to PFOS than dose in experimental studies and deterministic estimates of daily intake in children and adults and, as a result, account for a significant portion of the uncertainties associated with interspecies and intraspecies differences in pharmacokinetics (usually accounted for by 4-fold and 3.2-fold default uncertainty factors, respectively). The higher margins for values in liver, although based on limited data, take into account an even greater proportion of uncertainty in toxicokinetics. The margins also take into account limitations of the database for human exposure. Use of the 95th percentiles for the serum levels is also more conservative than deterministic estimates of exposure, which are based on mean intakes of environmental media.

Conclusion

Based on available data, it is concluded that PFOS, its salts and its precursors are 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 on its biological diversity. Thus, it is proposed that PFOS, its salts and its precursors be considered "toxic" as defined in section 64 of the Canadian Environmental Protection Act, 1999. Based on available data, it is concluded that PFOS and its salts meet the criteria for persistence and bioaccumulation according to the Persistence and Bioaccumulation Regulations. Based on available data, it is concluded that the presence of PFOS and its salts in the environment results primarily from human activity and that they are not naturally occurring radionuclides or naturally occurring inorganic substances.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 13283

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 1,2-Benzenedicarboxylic acid, di-C_6-10-alkyl esters, Chemical Abstracts Service No. 68515-51-5,

Whereas the substance is not on the Domestic Substances List,

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic according to 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 importing it for use as a plasticizer in polyurethane adhesives for automotive glass bonding.

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 I of the New Substances Notification Regulations;

(3) Subitems 3(1) to 3(4) prescribed by Schedule II of these Regulations; and

(4) The concentration of the substance in the final product.

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

STÉPHANE DION
Minister of the Environment

EXPLANATORY NOTE

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

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 the substance or activities involving the substance.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

September 21, 2004

JACQUELINE GRAVELLE
Manager

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Application for surrender of charter

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, an application for surrender of charter was received from

September 23, 2004

AÏSSA AOMARI
Director
Incorporation and Disclosure Services Directorate
For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

CONSEIL DÉVELOPPEMENT TOURISTIQUE HULL LA PÊCHE — Correction of name

Notice is hereby given that the Canada Gazette of August 7, 2004, indicated that an application for surrender of charter was issued under the Canada Corporations Act to CONSEIL DÉVELOPPEMENT TOURISTIQUE HULL LA PÊCHE.

Please take note that the publication contains an error. The notice should have read that an application for surrender of charter was issued under the Canada Corporations Act to Conseil de développement touristique Hull-Chelsea-La Pêche inc.

August 30, 2004

AÏSSA AOMARI
Director
Incorporation and Disclosure
Services Directorate
For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Letters patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, letters patent have been issued to

September 23, 2004

AÏSSA AOMARI
Director
Incorporation and Disclosure
Services Directorate
For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary letters patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to

September 23, 2004

AÏSSA AOMARI
Director
Incorporation and Disclosure Services Directorate
For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary letters patent — Name change

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to

September 23, 2004

AÏSSA AOMARI
Director
Incorporation and Disclosure Services Directorate
For the Minister of Industry

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGTP-002-04 — Mobile service allocation decision and designation of spectrum for public safety in the frequency band 746-806 MHz (SP-746 MHz)

Intent

The purpose of this notice is to announce the release of a spectrum policy document under the above-mentioned title. This document announces Industry Canada's decision to allocate the mobile service in the frequency band 746-806 MHz on a co-primary basis with the broadcasting service, and designate some spectrum for public safety. This notice also seeks comment on the technical and licensing considerations for an efficient implementation of this spectrum for public safety.

On June 8, 2001, the Department released a consultation paper entitled Proposal to Introduce the Mobile Service on a Co-primary Basis with the Broadcasting Service in the Frequency Band 746-806 MHz (DGTP-004-01). Significant public input was received on this consultation from the broadcasting, mobile wireless and public safety communities. Since that time, the Department has carried out studies of the Digital Television Transition Allotment Plan, has negotiated changes within the allotment plan with the United States to accommodate public safety and has commissioned technical sharing studies between the broadcasting and public safety applications. Also, the Department has introduced a moratorium on television channels 63 and 68 to prepare the spectrum to be used for public safety applications.

Submitting comments

Interested parties should submit their comments on the issues raised in SP-746, no later than January 14, 2005. Shortly after the close of the comment period, all comments received will be posted on Industry Canada's Spectrum Management and Telecommunications Web site at http://strategis.gc.ca/spectrum.

Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the following electronic mail address: wireless@ic.gc.ca, along with a note specifying the software, version number and operating system used.

Written submissions should be addressed to the Director of Spectrum and Radio Services, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, the publication date, the title, and the notice reference number (DGTP-002-04).

Obtaining copies

Copies of this notice and 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/subscription-e.html or by calling the sales counter of Canadian Government Publishing at (613) 941-5995 or 1-800-635-7943.

September 23, 2004

LARRY SHAW
Director General
Telecommunications Policy Branch

ROBERT W. MCCAUGHERN
Director General
Spectrum Engineering Branch

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGTP-008-04 — Revisions to spectrum utilization policies in the 3-30-GHz frequency range and further consultation

This Notice announces the publication of a document on revisions to the spectrum utilization policies for services in certain bands in the frequency range 3-30 GHz, including revisions to the Canadian Table of Frequency Allocations adopted on a provisional basis. The document also initiates further consultation on proposals for policy revisions for services in certain bands in the frequency range 3-95 GHz.

In 2002, the Department launched a broad consultation with proposals to introduce new services and system applications in a number of bands as well as to reconcile the spectrum use of fixed and fixed-satellite services in shared bands. This was in response to a number of changes in technology and in the Canadian telecommunications infrastructure, as well as new opportunities in this spectrum range. Among the interests is the provision of new broadband services using multimedia satellite and new terrestrial wireless access including license-exempt applications.

The spectrum utilization policies established in this document are based on the extensive public comment received in response to the consultation of 2002 as well as broad discussion with industry. The decisions focus on increasing flexibility of service offerings for both fixed and fixed-satellite services, recognizing the importance of harmonizing spectrum use in a North American market, particularly for satellite services and commercial consumer devices.

Invitation to comment

Provisional changes

In the policy document, Industry Canada has adopted a few allocation changes on a provisional basis. In the absence of compelling arguments to the contrary, these changes will be adopted in the Canadian Table of Frequency Allocations. The Department invites interested parties to provide their views and comments by November 2, 2004, regarding these provisional changes.

Further consultation

Industry Canada raises a number of issues in the frequency range 3-95 GHz for public comment. The Department invites interested parties to provide their views and comments by January 14, 2005, for the items of further consultation.

Shortly after the close of the comment period, all comments received will be posted on Industry Canada's Spectrum Management and Telecommunications Web site at http://strategis.gc.ca/spectrum.

Submitting comments

Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the following electronic mail address: wireless@ic.gc.ca, along with a note specifying the software, version number and operating system used.

Written submissions should be addressed to the Director of Spectrum and Radio Services, Industry Canada, 300 Slater Street, Room 1611A, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, the publication date, the title, and the notice reference number (DGTP-008-04).

Obtaining copies

Copies of this notice and 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 at the Canada Gazette Web site at http://canadagazette.gc.ca/subscription-e.html or by calling the sales counter of Canadian Government Publishing at (613) 941-5995 or 1-800-635-7943.

September 24, 2004

LARRY SHAW
Director General
Telecommunications Policy Branch

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NOTICE OF VACANCY

TELEFILM CANADA

Executive Director (full-time position)

Telefilm Canada was established in 1967 by the Canadian Film Development Act as a Crown corporation to promote and foster a feature film industry in Canada through the judicious investment of public funds in the sector. Through the years, its mandate has been expanded beyond feature film through Contribution Agreements and Memorandums of Understanding to include investment in the Canadian television, new media and, more recently, sound recording industries. The Corporation reports to Parliament through the Minister of Canadian Heritage.

The Executive Director is the Chief Executive Officer of the Corporation, and reports to Telefilm's Board of Directors. Under this authority, the Executive Director has overall responsibility for, and execution of, Telefilm Canada's orientation, activities, resources, external relations and results, within the framework of the Telefilm Canada Act (2002), by-laws, resolutions, and directions and other instructions of the Board from time to time including in particular its "Declaration of Stewardship."

Location: at the headquarters, which are located in Montréal

The candidate has a university degree in an appropriate field or a combination of equivalent education, job-related training and experience. The preferred candidate has extensive experience in the media, public policy or related sectors. The selected candidate has 10–12 years of experience in gradually increasing management responsibilities up to and including senior general management experience and a solid track record of achievements that will command respect.

The chosen candidate has experience in managing multidisciplinary teams such as finance, legal, audiovisual, technological, communications, policy, human resources and investment, which have successfully undergone important change. The candidate has been successful in developing and maintaining multiple relationships and partnerships. This person has a solid understanding of regulated industries and general government activities; knowledge in the cultural, entertainment and communications areas would be an asset.

The successful candidate has a good knowledge of Canada, its regions, diversity, and cultural and linguistic heritage, and its track record on the international front. This candidate has a good understanding of Telefilm Canada's mission and main activities, and its history and place in the Canadian and international film communities.

The ideal candidate is a highly motivated and articulate visionary leader with superior analytical and conceptual skills and an ability to think creatively. The candidate is a committed team player with superior judgment, able to encourage innovation and to inspire others. The selected candidate has superior communications skills both verbally and in writing.

The chosen candidate is well organized and results-oriented, and has a great capacity for work and the ability to handle stress in a highly creative, fast-moving industry and environment. This person has unquestioned integrity and ethics. The selected candidate must be proficient in English and French.

The successful candidate must be prepared to relocate to the Montréal Region or to a location within reasonable commuting distance and is expected to travel on a frequent basis.

The selected candidate will also be subject to the Conflict of Interest and Post-Employment Code for Public Office Holders. Before or upon assuming their official duties and responsibilities, public office holders appointed on a full-time basis must sign a document certifying that, as a condition of holding office, they will observe the Code. They must also submit to the Office of the Ethics Commissioner, within 60 days of appointment, a Confidential Report in which they disclose all of their assets, liabilities and outside activities. To obtain copies of the Code and of the Confidential Report, visit the Office of the Ethics Commissioner's Web site at http://strategis.ic.gc.ca/ethics.

This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for this position. It is not, however, intended to be the sole means of recruitment. Applications forwarded through the Internet will not be considered for reasons of confidentiality.

Please send your curriculum vitae by October 23, 2004, to The Caldwell Partners, 1840 Sherbrooke Street W, Montréal, Quebec H3H 1E4, (514) 935-7402 (facsimile), to the attention of Denis Trudeau.

Further information is available upon request.

Bilingual notices of vacancies will be produced in an alternative format (audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Canada K1A 0S5, (613) 941-5995 or 1-800-635-7943.

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

Exemption orders

Notice is hereby given, pursuant to subsection 522.26(5) of the Bank Act, that the Minister of Finance determined that, pursuant to subsection 509(1) of the Bank Act, Part XII of the Act, other than sections 507, 508, and 509, subsection 522.25(3), sections 522.26 and 522.28, subsection 522.29(2) and section 522.3, does not apply to the following foreign banks:

September 20, 2004

NICHOLAS LE PAN
Superintendent of Financial Institutions

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DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT

Statement by the Minister of Transport regarding the bulk oil cargo fees established by Eastern Canada Response Corporation Ltd.

Whereas, pursuant to subsection 660.4(1) (see footnote 1) of the Canada Shipping Act (see footnote 2) (Act), Eastern Canada Response Corporation Ltd. has been designated as a response organization since November 1995;

Whereas, pursuant to subsection 660.4(3) (see footnote 3) of the Act, (see footnote 4) a list of the amended bulk oil cargo fees proposed by Eastern Canada Response Corporation Ltd. to be published in the Canada Gazette, Part I, on February 28, 2004;

Whereas, pursuant to subsection 660.4(4) (see footnote 5) of the Act, (see footnote 6) no objections were filed with respect to the amended bulk oil cargo fees proposed by Eastern Canada Response Corporation Ltd.;

Whereas, the Minister has given full and proper consideration to all relevant information before him;

And whereas, the Minister of Transport, pursuant to subsection 660.4(8) (see footnote 7) of the Act, (see footnote 8) approved the annexed fees;

Therefore, the Minister of Transport, pursuant to subsection 660.4(8) (see footnote 9) of the Act, (see footnote 10) hereby causes the annexed fees established by Eastern Canada Response Corporation Ltd. to be published.

JEAN-C. LAPIERRE
Minister of Transport

LIST OF BULK OIL CARGO FEES
ESTABLISHED BY EASTERN CANADA
RESPONSE CORPORATION LTD.

DEFINITIONS

1. In this List

"Act" means the Canada Shipping Act. (Loi)

"asphalt" means a derivate of oil that is commercially described as road or paving asphalt or unblended roofers flux, that has a specific gravity equal to or greater than one, that is solid at 15 degrees Celsius and that sinks to the bottom as a solid when immersed in water. (asphalte)

"Atlantic Provinces" means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland including Labrador. (provinces de l'Atlantique)

"BOCF" means bulk oil cargo fee. (droits sur les produits pétroliers en vrac (DPPV))

"designated oil handling facility" means an oil handling facility that is designated pursuant to subsection 660.2(8) of the Act and is located in ECRC's geographic area. (installation de manutention d'hydrocarbures agréée)

"ECRC" means Eastern Canada Response Corporation Ltd., a company formed as a result of the amalgamation of Eastern Canada Response Corporation Ltd., Great Lakes Response Corporation of Canada and Canadian Marine Response Management Corporation, effective January 1, 1999. (SIMEC)

"Great Lakes Region" means the area covered by the Canadian Great Lakes system and connecting channels within the province of Ontario, including Lake Superior, the St. Marys River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River from Kingston, Ontario to a line drawn between Butternut Bay (latitude 44°31'12" N and longitude 75°46'54" W) on the Canadian side to Oak Point (latitude 44°30'48" N and longitude 75°45'20" W) on the United States side of the St. Lawrence River, Lake Winnipeg, Athabasca River from Fort McMurray to Lake Athabasca and the waters of Lake Athabasca. (région des Grands Lacs)

"Newfoundland Region" means the Province of Newfoundland and Labrador. (région de Terre-Neuve)

"Quebec/Maritime Region" means the area covered by the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec and that portion of the St. Lawrence River in the province of Ontario to a line drawn between Butternut Bay (latitude 44°31'12" N and longitude 75°46'54" W) on the Canadian side to Oak Point (latitude 44°30.48' N and longitude 75°45'20" W) on the United States side of the St. Lawrence River and in the Atlantic Provinces, excluding the waters north of the 60th parallel of latitude and the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia, excluding Newfoundland and Labrador. (région des Maritimes/de Québec)

"ship" means a ship within the meaning of subsection 660.2(1) of the Act. (navire)

"ship (bulk oil)" means a ship that is constructed or adapted primarily to carry bulk oil in its cargo spaces. (navire (avec produits pétroliers en vrac))

BULK OIL CARGO FEES

2. The bulk oil cargo fees that are payable to ECRC in relation to an arrangement required by paragraphs 660.2(2)(b) and 4(b) of the Act are the bulk oil cargo fees set out in Part 1 of this Schedule.

3. Nothing in this Schedule is intended to modify, replace or amend the registration fees established by, and payable to, ECRC and published in the April 8, 2000 edition of the Canada Gazette, Part I.

4. This part applies to the loading and unloading of oil at oil handling facilities located in each of the following Regions:

Quebec/Maritime Region

5. The total BOCF payable by a designated oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the designated oil handling facility, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part.

6. The total BOCF payable by a ship (bulk oil) shall be determined

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part.

7. The BOCF applicable in respect of oil other than asphalt is

(a) an amended fee of twenty-one and six-tenths cents (21.6˘) per tonne, plus all applicable taxes from February 28, 2004, to December 31, 2004; and

(b) an amended fee of thirty-one cents (31.0˘) per tonne, plus all applicable taxes from January 1, 2005.

8. The BOCF applicable in respect of asphalt is

(a) an amended fee of ten and eight-tenths cents (10.8˘) per tonne, plus all applicable taxes from February 28, 2004, to December 31, 2004; and

(b) an amended fee of fifteen and five-tenths cents (15.5˘) per tonne, plus all applicable taxes from January 1, 2005.

Newfoundland Region

9. The total BOCF payable by a designated oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the designated oil handling facility, by the BOCF per tonne for each type of oil set out in sections 11 and 12 of this part.

10. The total BOCF payable by a ship (bulk oil) shall be determined

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 11 and 12 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 11 and 12 of this part.

11. The BOCF applicable in respect of oil other than asphalt is

(a) an amended fee of five and seven-tenths cents (5.7˘) per tonne, plus all applicable taxes from February 28, 2004, to December 31, 2004; and

(b) an amended fee of six and five-tenths cents (6.5˘) per tonne, plus all applicable taxes from January 1, 2005.

12. The BOCF applicable in respect of asphalt is

(a) an amended fee of two and eighty-five-hundredths cents (2.85˘) per tonne, plus all applicable taxes from February 28, 2004, to December 31, 2004; and

(b) an amended fee of three and twenty-five-hundredths cents (3.25˘) per tonne, plus all applicable taxes from January 1, 2005.

Great Lakes Region

13. The total BOCF payable by a designated oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the designated oil handling facility, by the BOCF per tonne for each type of oil set out in sections 15 and 16 of this part.

14. The total BOCF payable by a ship (bulk oil) shall be determined

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 15 and 16 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 15 and 16 of this part.

15. The BOCF applicable in respect of oil other than asphalt is

(a) an amended fee of forty-five cents (45.0˘) per tonne, plus all applicable taxes from February 28, 2004, to December 31, 2004; and

(b) an amended fee of seventy-one cents (71.0˘) per tonne, plus all applicable taxes from January 1, 2005.

16. The BOCF applicable in respect of asphalt is

(a) an amended fee of twenty-two and five-tenths cents (22.5˘) per tonne, plus all applicable taxes from February 28, 2004, to December 31, 2004; and

(b) an amended fee of thirty-five and five-tenths cents (35.5˘) per tonne, plus all applicable taxes from January 1, 2005.

EXPLANATORY NOTE

The Canada Shipping Act (CSA) was amended in 1993 to enhance the environmental protection of all Canadian waters south of 60° north latitude through the establishment of industry-funded and managed Response Organizations (ROs) capable of mounting an oil spill response to a marine-based incident. Following the government reorganization of December 12, 2003, as of April 1, 2004, the Minister of Transport is responsible for certifying that ROs meet the required standards to be formally designed as a certified RO. The Marine Safety Directorate (AMS), of the Department of Transport, fulfils this responsibility on behalf of the Minister. The Canadian Coast Guard maintains responsibility for ensuring response in Canadian waters north of 60° north latitude.

In accordance with the provisions of the CSA, certain ships and oil handling facilities (OHFs) are required to have an oil spill preparedness arrangement with a certified RO for the provision of response in the event of an oil spill.

Four ROs, each capable of providing response to a 10 000 tonne oil spill within specified geographic areas of response, have been certified by CCG as follows:

— Atlantic Emergency Response Team (ALERT) Inc.

— Eastern Canada Response Corporation (ECRC), Ltd.

— Point Tupper Marine Services Ltd. (PTMS)

— Western Canada Marine Response Corporation (WCMRC)

The CSA provides for the amendment of fees established by a certified RO at any time during its period of certification.

ECRC's proposal to amend its bulk oil cargo fees was published by CCG, on behalf of the Minister of Fisheries and Oceans, on February 28, 2004, in Part I of the Canada Gazette. On April 1, 2004, the Minister of Transport assumed responsibility for this section of the CSA. Therefore, the Minister of Transport approved the amended proposed fees, without amendment, by Order, on August 26, 2004. ECRC established its fees in accordance with the Minister's Order on September 3, 2004. The bulk oil cargo fees which have been established by ECRC, are the bulk oil cargo fees that are payable in relation to an arrangement with ECRC.

For information regarding the Minister's Order, please contact Bonnie Leonard, Transport Canada, Marine Safety, 330 Sparks Street, 10th Floor, Ottawa, Ontario K1A 0N8, (613) 990-4887 (telephone), (613) 993-8196 (facsimile), leonarb@tc.gc.ca (electronic mail).

For more information regarding ECRC and its fees, please contact Mr. Paul Pouliotte, Chief Financial Officer, Eastern Canada Response Corporation, Ltd., 275 Slater Street, Suite 1202, Ottawa, Ontario K1P 5H9, (613) 230-7369 (telephone), (613) 230-7344 (facsimile), http://www.ecrc.ca (Web site).

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DEPARTMENT OF TRANSPORT

MOTOR VEHICLE SAFETY ACT

The Department of Transport's proposed consultation process in the development of Global Technical Regulations and process for incorporation of Global Technical Regulations into Canadian Motor Vehicle Safety Regulations

This notice outlines the development of Global Technical Regulations (gtr's) for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles. It outlines the Department of Transport's proposed consultation process with stakeholders in the development of gtr's and summarizes its proposed process for incorporation of gtr's into Canadian Motor Vehicle Safety Regulations.

SUMMARY

As part of its efforts toward the international harmonization of vehicle safety regulations, the Department of Transport supports and participates in the development of global technical regulations. The regulations are developed in accordance with the "Agreement Concerning the Establishment of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles," also known as the 1998 Global Agreement. (see footnote 11)

The 1998 Global Agreement is administered by the World Forum for Harmonization of Vehicle Regulations (WP.29), which was established in 1952 within the Inland Transport Committee (ITC) of the Economic Commission for Europe of the United Nations (UNECE). The 1998 Global Agreement establishes a process by which countries can jointly harmonize and develop gtr's addressing the safety of wheeled vehicles, equipment and parts. The Agreement also addresses environmental protection systems, energy sources and theft prevention. Canada became the first Contracting Party to ratify the Agreement on June 22, 1999. The Agreement came into force on August 25, 2000, and currently has 22 Contracting Parties. (see footnote 12)

WP.29 is divided into six subsidiary Working Parties responsible for

— Lighting and Light-Signalling (GRE);

— Brakes and Running Gear (GRRF);

— Passive Safety (GRSP);

— Pollution and Energy (GRPE);

— Noise (GRB); and

— General Safety Provisions (GRSG).

Each Working Party is made up of technical experts from the Contracting Parties, industry and consumers/road users. The public, vehicle manufacturers and suppliers are represented by Non-Governmental Organizations (NGOs) accredited with the UNECE in order to avoid the influence of individual interests. Although the Contracting Parties make final decisions, assistance from NGOs is essential to provide awareness of public concerns and technical expertise on the feasibility and economic practicality of proposed measures.

Each Working Party meets twice per year to develop harmonized motor vehicle safety regulations. The Working Parties are further divided into informal groups, which meet several times per year to discuss the specifics of the regulations being drafted, such as test methodologies, limit values, vehicle/component performance standards and approval or certification markings. Canada chairs one of the Working Parties and leads or assists with the development of gtr's such as Controls and Displays, Lighting and Light Signalling, Motorcycle Brakes, Door Locks, Common Tasks, Hydrogen Fuel and Pedestrian Safety.

THE REGULATORY INSTRUMENT

Global Technical Regulation development process and consultation with Canadian stakeholders

The Department is committed to consulting with stakeholders during all phases of the gtr development process. The following is a summary of the gtr development process, and the corresponding consultative activities the Department proposes to undertake at each development phase.

Phase 1 — Creation of Compendium of Candidates

The Compendium of Candidates is a collection of existing regulations relevant to an area of vehicle safety. Each Contracting Party wishing to submit its national regulation as a Candidate for a Global Technical Regulation must propose to list it in the Compendium of Candidates. Before a regulation is added to the Compendium, it is reviewed and voted on by the members of the Executive Committee of the 1998 Global Agreement (AC.3) to ensure that it is relevant and appropriate. The AC.3 is made up of representatives of all Contracting Parties to the 1998 Global Agreement, including Canada.

The placement of a given regulation into the Compendium of Candidates does not in itself impact existing Canadian regulations. Thus, Canada may support the placement of a foreign regulation despite the fact that it may contain requirements that are different from existing Canadian requirements. Approval simply means that the regulation merits consideration as a possible gtr. As this phase is purely administrative, the Department believes that official communication to stakeholders is unnecessary. Furthermore, all information relating to the Compendium of Candidates can be obtained directly from the UNECE Web site at http://www.unece.org/trans/main/welcwp29.htm. At the present time, the Compendium of Candidates contains no Canadian or foreign regulations or standards.

Phase 2 — Proposal for the development of a gtr

Only Contracting Parties can submit a proposal for the development of a gtr. A proposal may consist of: the provisions of a regulation listed in the Compendium of Candidates; harmonized requirements of an existing UNECE regulation with a regulation listed in the Compendium of Candidates, or; provisions not addressed by any existing regulations.

If a foreign country proposes a new or harmonized regulation, Canada should, in principle, be prepared to consider the proposal, even if the technical requirements are different from those in the corresponding current Canadian regulation. There is sufficient opportunity to address all Canadian concerns during the gtr development process. Existing consultation mechanisms between the Department and Canadian stakeholders, through the Regulatory Plan and other informal communication such as regular meetings with industry, ensures that the public and other stakeholders are informed regarding any gtr development initiatives.

Should Canada decide to propose a new gtr and the proposal would not introduce significant changes to the Canadian Motor Vehicle Safety Regulations, existing collaboration between the Department and Canadian stakeholders through the Regulatory Plan and other informal communication would be adequate to ensure that the public and other stakeholders are informed.

However, if the nature of the Canadian proposed gtr differs substantially from existing Canadian regulations, a notice in the Canada Gazette would be published to communicate the Department's objectives, proposed direction, and anticipated net benefits to Canadians. Comments from public and industry stakeholders would be solicited and carefully considered. Based on these considerations, a decision regarding whether to submit a proposal would be made by the Department. For a gtr proposal that would extensively change the nature of the current Canadian standards, it is imperative that the Department's stakeholders support its initiatives before the Department would support the gtr proposal.

Phase 3 — Consideration of Contracting Party's proposal and referral to Working Party

AC.3 considers the Contracting Party's proposal and refers the proposal to the appropriate Working Party for preliminary consideration and/or gtr development.

Decisions regarding Canadian input to the preliminary consideration and supporting Preliminary Report would be left to the discretion of the Canadian experts in the Working Parties and the Canadian representatives to WP.29. The representatives would continue to communicate with stakeholders through the Regulatory Plan and using the Department's existing consultative tools.

Phase 4 — Development of gtr and of reports

The proposing Contracting Party is responsible for the development of the gtr within the forum of the responsible Working Party. The latter may delegate the development of the gtr to an informal group. This group meets regularly to develop the proposed regulatory text. According to the 1998 Global Agreement, the requirements of the gtr must be geared towards improved safety by prescribing the most stringent standards in order that the gtr be considered best world practice. The experts developing or maintaining the regulatory text of a gtr must also consider the use of the most current technology available, the monetary and social benefits and costs associated with the provisions of the gtr, and the effects of the gtr on existing or in-development regulations. The Working Party provides AC.3 with a preliminary report, progress reports and subsequent final report. All of these documents, including the draft gtr, would be available on the UNECE Web site.

During the development of the gtr text, the Department intends to continue to communicate with the Canadian public and its Industry stakeholders through the Regulatory Plan and informally through the existing consultative process. Consequently, the emerging gtr would contain provisions already consulted on with Canadian stakeholders.

Phase 5 — Consideration of gtr and final report

Once a draft gtr is adopted by a Working Party, the Department must be certain that any concerns of the public and industry stakeholders are addressed before Canada, a Contracting Party, votes to approve the gtr. In order to do so, the Department would seek comments from the Canadian public and other stakeholders by publishing in the Canada Gazette, Part I, its intentions to proceed with one of the following: amend the current Canadian regulation to adopt the gtr provisions or reject the gtr. The Department would adopt the gtr by incorporating it by reference into the Canadian regulations. When doing so, the Department would consider recognizing the gtr as an alternative to the existing Canadian requirements, and, if absolutely necessary, adding certain Canadian-unique provisions or removing certain provisions of the gtr.

After consideration of the proposed gtr text and supporting report submitted by the Working Party, AC.3 members vote on whether or not to establish the new gtr in the United Nations Global Registry of Global Technical Regulations (Registry). If no consensus is reached, AC.3 may request that additional work be done by the Working Party to address any concerns or deficiencies.

Phase 6 — Establishment of a gtr in the Registry

If a consensus is reached, the gtr is established in the Registry. The 1998 Global Agreement requires that each Contracting Party seek to make an expeditious decision regarding the adoption of the gtr into its own laws or regulations.

PLANNED INCORPORATION OF GLOBAL TECHNICAL
REGULATIONS INTO CANADIAN REGULATIONS

The Department proposes to amend the relevant Canada Motor Vehicle Safety Standards (CMVSS) to incorporate by reference Global Technical Regulations (gtr's), to the extent the incorporation is authorised by the Motor Vehicle Safety Act, as gtr's are successfully registered in the United Nations Global Registry of Global Technical Regulations. It is the Department's intention that the proposed gtr's provisions be incorporated into the CMVSS to serve as an alternative if there is existing CMVSS regulatory text on the subject-matter of the gtr. If there is no existing CMVSS regulatory text on the subject-matter of the gtr, it is the Department's intention that the proposed gtr's provisions be incorporated as new CMVSS regulatory text. In either case, notice of the amendment would be published in the Canada Gazette, Part I, as is current practice for amendments to the CMVSS, before the decision to amend is made and published in the Canada Gazette, Part II.

If the existing regulatory text incorporates a TSD (see footnote 13) based on the provisions of the United States FMVSS, the Department's intention to incorporate the requirements of the gtr as an alternative in the CMVSS would remain unchanged. Although the FMVSS may be amended to take account of the requirements of a new gtr, and the TSD would be changed accordingly as is currently the practice when the FMVSS is amended, the requirements of the gtr as registered in the United Nations Global Registry would be incorporated into the CMVSS as an alternative to the TSD because the FMVSS provisions on which the TSD is based may differ in some respects from the requirements of the new gtr. A Notice of Revision announcing an amendment to a TSD, as well as the proposed amendment of the CMVSS to incorporate the gtr, would be published in the Canada Gazette, Part I.

JEAN-C. LAPIERRE
Minister of Transport

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DEPARTMENT OF TRANSPORT

MOTOR VEHICLE SAFETY ACT

Incorporation of a Global Technical Regulation on "Door locks and door retention components" into Canadian Motor Vehicle Safety Regulations

Notice is hereby given that the Department proposes to vote in approval of a Global Technical Regulation (gtr) entitled "Door Locks and Door Retention Components" on November 16, 2004, at the World Forum for Harmonization of Vehicle Regulations (WP.29) of the Economic Commission for Europe of the United Nations (UNECE).

SUMMARY

In accordance with the Department of Transport's planned incorporation of Global Technical Regulations (gtr's) into Canadian Motor Vehicle Safety Regulations, the intention of this notice is to provide an opportunity for the Canadian public and other stakeholders to comment on the proposed gtr on "Door Locks and Door Retention Components" prior to the Department's vote.

The current Canada Motor Vehicle Safety Standard (CMVSS) addressing door locks is CMVSS 206, "Door Locks and Door Retention Components." Pursuant to section 12 of the Motor Vehicle Safety Act, CMVSS 206 incorporates the door lock requirements of the United States's Federal Motor Vehicle Safety Standard (FMVSS) 206, "Door Locks and Door Retention Components" through the use of Technical Standards Document (TSD) 206.

Should a consensus be reached, and the gtr on "Door Locks and Door Retention Components" is registered in the United Nations Global Registry of Technical Regulations, it is expected that FMVSS 206 will be amended to reflect the requirements of the gtr since the United States, also a Contracting Party to the 1998 Global Agreement, has sponsored the development of this gtr. In such circumstances, it is the Department's intention to amend the current TSD 206 to reflect the changes made to the FMVSS. As is current practice, a Notice of Revision announcing the amendment of the TSD would be published in the Canada Gazette, Part I, in accordance with sections 16 and 17 of the Motor Vehicle Safety Regulations.

Furthermore, the Department proposes to amend CMVSS 206 to incorporate by reference, as alternate requirements to those of TSD 206, the requirements of the gtr on "Door Locks and Door Retention Components" as registered in the United Nations Global Registry of Technical Regulations, to the extent the incorporation is authorised by the Motor Vehicle Safety Act. Thus, the requirements of CMVSS 206 could be fulfilled by meeting either the incorporated provisions of the gtr or the provisions of TSD 206.

Since the incorporation by reference would require changes to the regulatory text of CMVSS 206, notice of the amendment would be published in the Canada Gazette, Part I, as is current practice for amendments to the CMVSS, before the decision to amend is made and published in the Canada Gazette, Part II.

Request for comments

Interested parties may provide written comments respecting Canada's support for the new gtr to the address provided below before November 1, 2004. Comments should be supported by data wherever possible. After consideration of the responses received, the Department will make a decision on whether to vote on November 16, 2004, in favour of establishing in the Global Registry the gtr regarding door locks and door retention components. A complete copy of the global technical regulation is available on the UNECE Web site at www.unece.org/trans/doc/2004/wp29/TRANS-WP29-2004-69e.pdf or by contacting the Standards and Regulations Division (ASFBE), Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5.

Any comments or questions should be directed to Daniel Davis, Chief, Vehicle Regulations and Standards, by mail at the above address, by telephone at (613) 998-1956, by facsimile at (613) 990-2913, or by electronic mail at davisda@tc.gc.ca.

Comments should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act, in particular pursuant to sections 19 and 20 of the Act, and the reason why those parts should not be disclosed and the period during which those parts should remain undisclosed. The representations should also stipulate those parts of the representations for which there is no objection to disclosure.

JEAN-C. LAPIERRE
Minister of Transport

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BANK OF CANADA

Balance sheet as at September 15, 2004

BANK OF CANADA

Balance sheet as at September 22, 2004

Footnote 1

S.C. 1993, c. 36, s. 6

Footnote 2

R.S.C. 1985, c. S-9

Footnote 3

S.C. 1993, c. 36, s. 6

Footnote 4

R.S.C. 1985, c. S-9

Footnote 5

S.C. 1993, c. 36, s. 6

Footnote 6

R.S.C. 1985, c. S-9

Footnote 7

S.C. 1993, c. 36, s. 6

Footnote 8

R.S.C. 1985, c. S-9

Footnote 9

S.C. 1993, c. 36, s. 6

Footnote 10

R.S.C. 1985, c. S-9

Footnote 11

Available at http://www.unece.org/trans/main/wp29/wp29wgs/wp29gen/
wp29glob/tran132.pdf

Footnote 12

Contracting Parties to the 1998 Global Agreement: Canada, United States of America, Japan, France, United Kingdom, European Community, Germany, Russian Federation, People's Republic of China, Republic of Korea, Italy, South Africa, Finland, Hungary, Turkey, Slovakia, New Zealand, Netherlands + Antilles, Azerbaijan, Spain, Romania, Sweden.

Footnote 13

Certain CMVSS incorporate by reference United States federal safety requirements through the use of Technical Standards Documents (TSDs), pursuant to section 12 of the Motor Vehicle Safety Act. Publication requirements are set out in sections 16 and 17 of the Motor Vehicle Safety Regulations. Amendments to a TSD are made from time to time to incorporate revisions made to the reference document. Since, pursuant to the 1998 Global Agreement, approval of a gtr by the United States is necessary before it is established in the UN Global Registry of Global Technical Regulations, it can be expected that the United States will usually amend the relevant Federal Motor Vehicle Safety Standards (FMVSS) to reflect the requirements of a new gtr.

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