Vol. 135, No. 30 — July 28, 2001

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. 4543-2-03259 are amended as follows:

3. Term of Permit: Permit is valid from September 1, 2001, to August 31, 2002.

J. B. WILSON
Environmental Protection
Pacific and Yukon 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. 4543-2-03278 is approved.

1. Permittee: Saltair Marine Services Ltd., Ladysmith, British Columbia.

2. Type of Permit: To load or dispose of dredged material.

3. Term of Permit: Permit is valid from August 28, 2001, to August 27, 2002.

4. Loading Site(s): Coastland Wood Industries Ltd., at approximately 49°12.00' N, 123°58.00' W.

5. Disposal Site(s): Five Finger Island Disposal Site: 49°15.20' N, 123°54.60' W, at a depth of not less than 280 m.

The following position-fixing procedures must be followed to ensure disposal at the designated disposal site:

(i) The vessel must call the Marine Communications and Traffic Services Centre (MCTS) on departure from loading site and inform MCTS that it is heading for a disposal site;
(ii) Upon arrival at the disposal site, and prior to disposal, the vessel must again call MCTS to confirm its position. Disposal can proceed if the vessel is on the disposal site. If the vessel is not within the disposal site boundaries, MCTS will direct it to the site and advise that disposal can proceed; and
(iii) The vessel will inform MCTS when disposal has been completed prior to leaving the disposal site.

6. Route to Disposal Site(s) : Direct.

7. Method of Loading and Disposal: Loading by clamshell dredge and disposal by bottom dump scow or end dumping.

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

9. Total Quantity to Be Disposed of: Not to exceed 10 000 m³.

10. Material to Be Disposed of: Dredged material consisting of silt, sand, rock, wood wastes and other materials typical of the approved loading site except logs and usable wood.

11. Requirements and Restrictions:

11.1. The Permittee must notify the permit issuing office before commencement of the project as to the dates on which the loading or disposal will occur.

11.2. The Permittee must ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of any restrictions or conditions identified in the permit and of the possible consequences of any violation of these conditions. A copy of the permit and the letter of transmittal must be carried on all towing vessels and loading platforms or equipment involved in disposal at sea activities. A copy of the written approval for the appropriate loading site must be displayed with each copy of the permit posted at the loading sites.

11.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with these Regulations.

11.4. Contact must be made with the Canadian Coast Guard, Regional Marine Information Centre (RMIC) regarding the issuance of a "Notice to Shipping." The RMIC is located at 2380- 555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6011 (Telephone), (604) 666-8453 (Facsimile), RMIC-PACIFIC@PAC.DFO-MPO.GC.CA (Electronic mail).

11.5. Any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, shall be permitted to mount an electronic tracking device on any vessel that is engaged in the disposal at sea activities authorized by this permit. The Permittee shall take all reasonable measures to ensure there is no tampering with the tracking device and no interference with its operation. The tracking device shall be removed only by an enforcement officer or by a person with the written consent of an enforcement officer.

11.6. The Permittee must submit to the Regional Director, Environmental Protection Branch, within 30 days of the expiry of the permit, a list of all work completed pursuant to the permit, the nature and quantity of material disposed of and the dates on which the activity occurred.

J. B. WILSON
Environmental Protection
Pacific and Yukon 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. 4543-2-04232 is approved.

1. Permittee: Department of Public Works and Government Services, Quebec Region.

2. Type of Permit: To load or dispose of dredged material.

3. Term of Permit: Permit is valid from September 1 to November 30, 2001.

4. Loading Site(s): Access channel of Cap-aux-Meules Harbour, as illustrated on marine chart number 4956, as published by the Canadian Hydrographic Service.

5. Disposal Site(s): (a) Disposal Site CM-78, 47°22.17' N, 61°49.04'W; and (b) Access Channel of Cap-aux-Meules Harbour.

6. Route to Disposal Site(s): (a) The most direct navigable route between the loading site and disposal site; and (b) Not applicable.

7. Equipment: Clamshell dredge, hydraulic shovel, towed scow, steel beam or scraper blade.

8. Method of Disposal: (a) Dredging will be carried out using a clamshell dredge or a hydraulic shovel and dumping will be carried out using a towed scow; and (b) Levelling of the seabed by a steal beam or a scraper blade.

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

10. Total Quantity to Be Disposed of: Not to exceed 25 000 m³ scow measure.

11. Material to Be Disposed of: Dredged material consisting of sand, silt, clay and colloids, and gravel.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report in writing to the Regional Director, Environmental Protection Branch, Department of the Environment, Quebec Region, 105 McGill Street, 4th Floor, Montréal, Quebec H2Y 2E7, (514) 283-4423 (Facsimile), immersion.qc@ec.gc.ca (Electronic mail), at least 48 hours prior to the first disposal operation pursuant to this permit.

12.2 A written report shall be submitted to the Regional Director, Environmental Protection Branch, identified in paragraph 12.1., within 30 days of the expiry of the permit. This report shall include the Registry of Disposal at Sea Operations as mentioned in paragraph 12.5., and contain the following information: the total quantity and type of material disposed of pursuant to the permit, the equipment used and the dates on which the disposal and loading activities occurred.

12.3. It is required that the Permittee admit any enforcement officer 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 ocean disposal referred to under this permit, at any reasonable time throughout the duration of this permit.

12.4. A copy of this permit must, at all times, be kept aboard any vessel involved with the dumping operations.

12.5. The Permittee must complete the Registry of Disposal at Sea Operations as provided by the Department of Environment. This registry must, at all times, be kept aboard any vessel involved in the disposal operations and be accessible to enforcement officers designated under the Canadian Environmental Protection Act, 1999.

12.6. The Permittee must signal the Canadian Coast Guard station at Cap-aux-Meules immediately before leaving the port for disposal operations at the disposal site. The Permittee must record these communications in the registry mentioned in the previous paragraph.

12.7. The Permittee shall mark out the disposal site with buoys for the entire duration of disposal operations.

12.8. The loading or ocean disposal referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

12.9. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with these Regulations.

M.-F. BÉRARD
Environmental Protection
Quebec Region

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Waiver of Information Requirements for the Manufacture or Import of Substances New to Canada

Notice is hereby given, pursuant to subsection 81(9) of the Canadian Environmental Protection Act, 1999 (CEPA), that the Minister of the Environment has granted, pursuant to subsection 81(8) of CEPA, waivers of information requirements on the manufacture or import of substances new to Canada.

Ottawa, July 16, 2001

DAVID MCBAIN
Acting Director
New Substances Branch

On behalf of the Minister of the Environment

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DEPARTMENT OF HEALTH

CONTROLLED DRUGS AND SUBSTANCES ACT

Notice to Interested Parties — Proposal to Review the Existing Regulatory Framework for the Commercial Cultivation of Industrial Hemp

The Drug Strategy and Controlled Substances Programme of Health Canada intends to evaluate the Industrial Hemp Regulations with a view to amending the Regulations and modifying the program, if necessary. All interested stakeholders are invited to submit written comments on the existing regulatory framework. An additional opportunity for comments will be provided when proposed amendments to the Regulations are published in the Canada Gazette, Part I, in the year 2002.

The Industrial Hemp Regulations, pursuant to the Controlled Drugs and Substances Act, were drafted after consultation with a wide range of stakeholders. They came into effect on March 18, 1998. Copies of the Regulations, application forms and guideline documents are available for download from the industrial hemp Web site at:

http://www.hc-sc.gc.ca/hpb-dgps/therapeut/htmleng/hemp.html.

Printed copies of the applications and guidelines are available by request. The Industrial Hemp Regulations can be purchased for a minimal fee from the Canada Communications Group, Ottawa, Ontario K1A 0S9, or by telephone at (613) 956-4802, or toll free at 1-800-635-7943.

Comments may be sent to: Niels Hansen-Trip, Co-ordinator, Industrial Hemp Program Post Implementation Review, Office of Controlled Substances, Drug Strategy and Controlled Substances Programme, Healthy Environments and Consumer Safety Branch, Address Locator 3502A, Ottawa, Ontario, Canada K1A 1B9, or by electronic mail at: Hemp_BdsTpd@hc-sc.gc.ca. Comments must be received by September 14, 2001, in order to be considered during this review.

July 10, 2001

JODY GOMBER, PH.D.
Director General
Drug Strategy and Controlled Substances Programme
Healthy Environments and
Consumer Safety Branch

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGRB-005-01 — Consultation on the Modification of the Policy Regarding the Release of Radio Licensing Information

Introduction

Since the inception of the electronic interchange era, Industry Canada has committed itself to building the appropriate policy and regulatory framework to improve Canada's information infrastructure. In reaching beyond its traditional role as a facilitator and regulator, the Department is moving full-speed ahead on the information highway. With the implementation of an advanced electronic service system, all Canadians will soon have the opportunity to carry out their transactions with various governmental organizations in the most efficient manner possible. The Spectrum, Information Technologies and Telecommunications (SITT) Sector is becoming a leader in this field with, among other things, implementation initiatives that use state-of-the-art informatics technology for issuing radio authorizations.

In the Speech from the Throne to open the Second Session of the Thirty-Sixth Parliament of Canada, the Governor General set a goal for the Government of Canada. By the year 2004, our goal is "to be known around the world as the government most connected to its citizens, with Canadians able to access all government information and services on-line at the time and place of their choosing." To attain its objective to make Canada a centre of excellence for electronic commerce, the Government must review policies and procedures that, although appropriate when originally adopted, may require modification lest they hinder the development of new practices.

As part of this review, Industry Canada is launching a consultation with interested parties on a proposal to amend the current policy regarding the release of radio licensing information that appears on radio licences.

Background and Context

Electronic commerce is the best way to conduct spectrum management processes in an era where telecommunication allows instantaneous communications between business entities. It will drastically increase the speed of service, suppress time and space limits, and improve overall business relationships between spectrum users and Industry Canada. As the working environment evolves, doing business in an electronic medium will become a competitive necessity rather than simply an enhancement to progress.

Over the past few years, Industry Canada has put considerable effort into establishing means by which users of the radio frequency spectrum could interact with the Department electronically. One such initiative makes it possible for applicants to perform on-line studies of the radio environment, allowing spectrum users to consult Spectrum Direct in order to analyse radio station proposals, find solutions to interference problems among themselves and perform other activities related to the sound management of the radio frequency spectrum. The accuracy of the results of such analyses is currently limited, however, due to restricted access to the radio licensing database that may deny to the analyst relevant technical information.

The radio frequency spectrum is a scarce and vital public resource from which licensees derive substantial benefit through its access and use. Licensing information concerning such access should generally be available as a matter of public interest. Because of congestion in the radio frequency spectrum and the difficulty to effectively manage it to provide interference-free communications, the Department encourages users to co-ordinate their planned and actual radio activities with other users. Radio system technology is becoming increasingly sophisticated and complex. Much of the homogeneity traditionally present within any given band is giving way to diverse topologies, modulation schemes, bit rates and performance objectives. Proponents are best positioned to assess the impact of their radio systems on each other, their costs and their business objectives. Such assessments require that the proponents have a complete appreciation of the prevailing radio environment.

Section 5(1)(c) of the Radiocommunication Act allows the Minister to make available to the public any information set out in radio licences. In Canada Gazette Notice SMRR-005-90, Release of Licensing Information, published on December 22, 1990, the Department announced its intention to "make the information that appears on radio licences publicly available, with the exception of the following:

— classified information for reasons of national security;

— information pertaining to federal, provincial, regional and municipal police operations; and

— information pertaining to foreign governments and embassies."

The Department is well aware of the characteristics that differentiate communications related to the operations of various Canadian police forces from those of other spectrum users. In response to their concerns, the policy provides police force licence holders with some limited "protection" against unwanted interception and other threats to their communications by restricting access to their licensing information. However, since the 1990 policy, development of radiofrequency scanner technology, combined with the proliferation of Internet information, has meant that despite this policy, information about radio licences such as the frequencies appearing thereon as well as their use, is now widely available to the public. It is now acknowledged that the only way to completely guard against the interception of communications is by encrypting radio transmissions. Many manufacturers and service providers already offer this technology to their clients.

Access to Information Act

The Access to Information Act works on the principle that the head of each federal institution is responsible for ensuring that their institution complies with the Act. There is also a provision for a designated Minister to undertake the government-wide co-ordination of the administration of the Act. The President of the Treasury Board fulfills this role.

The Access to Information Act establishes an enforceable right of access to records under the control of government institutions in accordance with the principles that:

— government information should be available to the public;

— any necessary exceptions to the right of access should be limited and specific; and

— decisions on the disclosure of government information should be reviewed independently of Government.

The Act also states that it is intended to complement, and not replace, existing procedures for access to government information, and is not intended to limit, in any way, access to the type of information that is normally available to the general public.

The Access to Information Act, subsection 15(1) and paragraph 15(1)(c), stipulates that "The head of a government institution may refuse to disclose any record requested under this Act that contains information the disclosure of which could reasonably be expected to be injurious to the conduct of international affairs, the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities, including, without restricting the generality of the foregoing, any such information relating to the characteristics, capabilities, performance, potential, deployment, functions or role of any defence establishment, of any military force, unit or personnel or of any organization or person responsible for the detection, prevention or suppression of subversive or hostile activities."

In accordance with the Access to Information Act and its underlying principles, and taking into account the significant technological progress made over the past ten years, the Department plans to update its policy on the release of licensing information.

Proposal

Continuing to limit efficient access by all clients to reliable and constantly updated licensing information would create a major constraint for Industry Canada in its goal of making Canada a leader in electronic commerce and in realizing important efficiency and effectiveness goals in spectrum management. In fact, the successful establishment of several initiatives in respect of electronic services depends upon the Department's clients having access to the greatest possible portion of the radio licensing database.

It is proposed that the policy regarding the release of licensing information be amended to allow access by certain specific parties to radio licensing information that is currently not released to the public. Those specific parties would be those organizations who are regularly engaged in licensing-related transactions and with whom Industry Canada had entered into an agreement for the efficient conduct of such transactions via electronic exchange. Typically, these organizations would be major spectrum users or their agents, umbrella organizations acting on behalf of multiple spectrum users or organizations performing frequency coordination services. Under this proposed policy change, information in the radio licensing database concerning federal, provincial, regional and municipal police operations, and foreign governments and embassies that is not currently released to the public could be made available to certain specific parties.

Additionally, licensing information regarding radio licences awaiting authorization also resides, in a pending state, in Industry Canada's radio licensing database. Some examples of radio licensing information residing in the radio licensing database in a pending state are new radio licences awaiting confirmation of successful international frequency co-ordination, radio licences awaiting final confirmation of technical operating parameters and radio licences issued to authorize temporary site installation at different geographical locations. Industry Canada recognizes that Canadians should have access to the fullest possible information with respect to not only the public spectrum resource authorized for private exploitation but also with respect to that spectrum resource being sought. Therefore, in addition to the proposed release of radio licensing information to certain specific parties, it is also proposed the public have unrestricted access to radio licensing information residing in the radio licensing database in a pending state.

These modifications to the policy regarding the release of licensing information will include a "notwithstanding clause" to be used exceptionally by federal, provincial, regional and/or municipal police forces or national security agencies. Hence, on a case-by-case basis and based on paragraph 15 (1)(c) of the Access to Information Act, the Minister would not disclose, to certain specific parties or the public, radio licensing information where such disclosure could be injurious to the defence of Canada or the prevention or suppression of subversive or hostile activities. Under this clause, such radio licensing information would likewise continue to be excluded from appearing in Spectrum Direct.

Prior to allowing certain clients such access, consultation needs to take place in order that the potentially affected parties, other radio licensees and the public are given an opportunity to make their views known to Industry Canada.

Request for Comments on the Proposed Modifications to the Policy Regarding the Release of Licensing Information

In order to determine the public's view on the proposed modification to the policy on the release of licensing information, Industry Canada seeks comment on its potential impact as well as the criteria that could be established to determine those clients to whom the release of such radio licensing information would be desirable. Notwithstanding the recognition that procedures for information dissemination must be reviewed from time to time to meet changing expectations and to respond to changing technologies and services, in proposing such criteria respondents should be mindful of existing access legislation and government policy.

Respondents are strongly encouraged to provide their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the following e-mail address: RLIP@ic.gc.ca.

Comments may also be submitted in writing to: RLIP, Radiocommunications and Broadcasting Regulatory Branch, Industry Canada, Jean Edmonds Tower North, Room 1538B, 300 Slater Street, Ottawa, Ontario K1A 0C8.

Submissions should cite Canada Gazette Notice reference number DGRB-005-01, and should carry the heading "Comments in Response to the Consultation on the Modification of the Policy Regarding the Release of Licensing Information."

Comments must be submitted no later than 60 days after the date of publication of this notice.

All responses will be posted on Industry Canada's Web site at:

http://strategis.gc.ca/spectrum (English);

http://strategis.gc.ca/spectre (French).

July 21, 2001

JAN SKORA
Director General
Radiocommunications and Broadcasting
Regulatory Branch

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-019-01 — Interference-causing Equipment Standard (ICES)

Notice is hereby given that Industry Canada is releasing the following document for public comment: ICES-004 — Interference-causing Equipment Standard for Alternating Current High Voltage Power Systems ICES-004, Issue 3 — Draft.

ICES-004, Issue 3 — Draft takes into account the electrical utilities' concerns with respect to the costs of performing repeated radio noise measurements for power lines and substations that undergo modification. The revised rules for retesting modified power facilities allows for more discretion on the part of the utilities, which should result in more efficiency and economy, without sacrificing efficacy, toward ensuring continued compliance of the power systems they manage.

The ICES-004, Issue 3 — Draft document is available at the following Internet WWW addresses:

http://strategis.ic.gc.ca/spectrum for the English version

and

http://strategis.ic.gc.ca/spectre for the French version.

Interested parties may submit comments concerning this draft standard to the Director General, Spectrum Engineering Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8, within 30 days from the date of publication of this notice. All representations must cite the Canada Gazette, Part I, notice publication date, title and the notice reference number.

July 18, 2001

R. W. MCCAUGHERN
Director General
Spectrum Engineering Branch

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DEPARTMENT OF THE SOLICITOR GENERAL

CRIMINAL CODE

Designation as Fingerprint Examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following person as Fingerprint Examiner:

Jean-Paul Meunier

of the Montreal Urban Community Police Force

Ottawa, July 9, 2001

NICOLE JAUVIN
Deputy Solicitor General of Canada

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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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