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Vol. 137, No. 51 — December 20, 2003 GOVERNMENT NOTICESDEPARTMENT 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, 1999), that the Minister of the Environment has granted, pursuant to subsection 81(8) of CEPA, 1999, waivers of information requirements on the manufacture or import of substances new to Canada.
December 9, 2003
DAVID MCBAIN
[51-1-o] DEPARTMENT OF INTERNATIONAL TRADE CUSTOMS TARIFF Invitation to submit requests for the harmonization of Most-Favoured-Nation (MFN) Tariffs with the United States and Mexico and for the liberalization of the North American Free Trade Agreement (NAFTA) Rules of Origin On October 7, 2003, at the NAFTA Commission meeting in Montréal, Quebec, NAFTA Trade Ministers announced that consultations would be launched with domestic industries to determine interest in reducing trade-related transaction costs through the harmonization of MFN tariffs and/or the liberalization of NAFTA rules of origin. The purpose of this notice is to invite interested parties to submit requests for further liberalization of NAFTA trade that may be achieved through one or both of (1) the harmonization of MFN tariffs with the United States and Mexico; and (2) the liberalization of the rules of origin under NAFTA. The main objective of the exercise is to identify products and/or sectors for which there is industry support to harmonize tariffs and liberalize rules of origin. It is envisioned that more liberal rules of origin would facilitate trade between the three NAFTA Parties. The procedures to submit such requests are set out at the end of this notice. The governments of the NAFTA Parties will consider requests that enjoy broad-based support in their industries. Background As of January 1, 2003, the NAFTA tariff elimination schedule has been fully implemented, resulting in duty-free entry for virtually all goods considered to be originating under the terms of the NAFTA. Goods traded amongst the NAFTA Parties that do not meet the rules of origin, or that are not otherwise considered to originate, continue to be subject to MFN tariffs and to merchandise processing fees in the United States or customs fees in Mexico. Therefore, there remains scope to increase NAFTA duty-free treatment for goods traded amongst the NAFTA Parties and to lower costs associated with such trade through further liberalization. (1) The Harmonization of MFN Tariffs with the United States and Mexico NAFTA rules of origin are designed to ensure that duty-free treatment applies to originating goods while enabling each of the NAFTA Parties to apply their own tariffs to non-NAFTA goods. A common MFN tariff rate of zero could eliminate the need to apply NAFTA rules of origin. There may also be advantages to harmonizing at a rate other than zero. Article 308 of the NAFTA already provides for harmonized MFN tariffs amongst the NAFTA Parties for certain automatic data-processing goods and their parts. These products are considered to originate under NAFTA, and can be imported on a duty-free basis, and without being subject to merchandise processing fees upon importation into the United States or customs fees upon importation into Mexico. Furthermore, when used in the production of other goods they can be included as originating content and are not subject to any required changes in tariff classification or other rule of origin requirements in the determination of the originating status of the other goods. The governments of the NAFTA Parties are prepared to consider requests to expand such treatment in areas identified and supported by industry. (2) Liberalization of the Rules of Origin under NAFTA Consideration could also be given to liberalizing the rules of origin. For example, the following are among the scenarios for which liberalization could be considered: (i) those tariff items where the MFN tariffs are duty-free in all three NAFTA countries (List I below); (ii) those tariff items, including the tariff provisions in List II annexed below where Canada and the United States are MFN free and Mexico is not, but where scope exists to liberalize the current rules of origin. List II covers live animals, fish, mineral products, ores, certain chemicals, pharmaceuticals, fertilizers, pulp, paper, some rubber, steel, certain machinery and electrical products, aircraft and optical equipment; and (iii) those tariff items where the MFN tariffs for the three NAFTA countries are 5 percent or less. The governments of the NAFTA Parties are also prepared to consider requests to liberalize the NAFTA rules of origin for any product or sector, provided such requests enjoy industry support. The NAFTA rules of origin are posted at http://www.dfait-maeci.gc.ca/nafta-alena/ann-401-en.asp. The 2004 Canadian Customs Tariff is posted at http://www.ccra-adrc.gc.ca/customs/general/publications/tariff2004/table-e.html. The current Harmonized Tariff Schedule of the United States is posted at http://www.usitc.gov/taffairs.htm. Tariffs applicable in Mexico may be found on the Sistema de Información Arancelaria vía Internet (SIAVI) [Tariff Information System via the Internet] at http://www.economia-snci.gob.mx/sic_php/ls23al.php?s=24&p;=1&l;=1 . Address for Submissions Any comments or requests should be received no later than February 13, 2004, and should be addressed to Sylvie Larose at (613) 996-5887 (Telephone), (613) 995-3843 (Facsimile), Larose.Sylvie@fin.gc.ca (Electronic mail) or by mail at International Trade Policy Division, L'Esplanade Laurier, East Tower, 14th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5. — The governments will expect that best efforts be made by petitioners to contact producers/manufacturers in their own country to determine that there are no objections to the requests as they are submitted. Efforts should also be made to contact producers/manufacturers in the other two NAFTA countries to determine if industry consensus exists for a change in tariffs and/or rules of origin. — Documentation listing those producers/manufacturers that have been contacted should be provided with the submission. — Petitioners are encouraged to submit broad-based requests that cover the broadest range of tariff provisions. A single request can thus cover multiple tariff provisions.
[51-1-o] FOOD AND DRUGS ACT Food and Drug Regulations — Amendment Interim Marketing Authorization Provision currently exists in the Food and Drug Regulations for the use of the enzyme pullulanase at levels consistent with good manufacturing practice in the production of starch-derived sweetening agents and a variety of bakery products. The permitted sources of this enzyme are the microorganisms Bacillus acidopullulyticus NCIB 11647 and Bacillus licheniformis SE2-Pul-int211 (pUBCDEBRA11DNSI). Health Canada has received a submission to permit the use of the pullulanase enzyme obtained from a genetically modified Bacillus subtilis organism, Bacillus subtilis RB121 (pDG268), that carries the gene from Bacillus deramificans coding for this enzyme. Evaluation of available data supports the safety and effectiveness of this pullulanase obtained from the genetically modified Bacillus subtilis RB121 (pDG268). The use of this pullulanase enzyme will benefit both the consumer and industry through the increased availability of quality food products and more efficient and improved manufacturing conditions. Therefore, it is the intention of Health Canada to recommend that the Food and Drug Regulations be amended to permit the use of the pullulanase enzyme obtained from the genetically modified Bacillus subtilis RB121 (pDG268) in the production of distillers' mash and brewers' mash and of dextrins, maltose, dextrose, glucose (glucose syrup) or glucose solids (dried glucose syrup) at levels consistent with good manufacturing practice. As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) is being issued to permit the immediate use of this pullulanase enzyme, as indicated above, while the regulatory process is undertaken to formally amend the Regulations. Contact Ronald Burke, Director, Bureau of Food Regulatory, International and Interagency Affairs, Health Canada, Address Locator 0702C1, Ottawa, Ontario K1A 0L2, (613) 957-1828 (Telephone), (613) 941-3537 (Facsimile), sche-ann@hc-sc.gc.ca (Electronic mail). December 8, 2003
DIANE C. GORMAN
[51-1-o] OFFICE OF THE REGISTRAR GENERAL Appointments
December 11, 2003
JACQUELINE GRAVELLE
[51-1-o] OFFICE OF THE REGISTRAR GENERAL Senator Called Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada, bearing date December 10, 2003: Munson, Jim, of Ottawa, in the Province of Ontario, Member of the Senate and a Senator for the Province of Ontario. December 15, 2003
JACQUELINE GRAVELLE
[51-1-o] DEPARTMENT OF INDUSTRY ACT Notice No. DGRB-005-03 — Radio Authorization Fees for Wireless Telecommunication Systems that Operate in the Radio Frequency Bands 824.040 MHz to 848.970 MHz, 869.040 MHz to 893.970 MHz or 1 850 MHz to 1 990 MHz Introduction Certain technological advances and regulatory measures which support different privileges and conditions for similar services have created marketplace distortions among service providers in the cellular and Personal Communications Services (PCS) industry. In an effort to create a marketplace framework for the wireless telecommunications industry that is fair, efficient and competitive, the Department recognizes the need for a common regulatory framework which minimizes marketplace distortions such as licensing fee costs that inhibit network expansion into lesser populated areas. On December 21, 2002, Industry Canada issued a notice that invited public comments on all aspects of the paper entitled Consultation on a New Fee and Licensing Regime for Cellular and Incumbent Personal Communications Services (PCS) Licensees. The document explained the Department's proposal for the transition of cellular and incumbent PCS licences to spectrum licences with the enhanced privileges of transferability and divisibility, similar to those of auctioned PCS licences. The proposal would also eliminate the requirement for radio licences other than in specified exceptional circumstances, and establish a common fee regime. The proposed common fee regime for cellular and incumbent PCS licensees would use a rate that takes into account the amount of spectrum assigned (i.e. number of MHz) and the total population included in the service area. The Department proposed a licence fee of $1,500,000 per 1 MHz of national spectrum which results in a licence fee of $0.052 per 1 MHz of assigned spectrum per person in a defined geographic area. The Department also proposed a multi-year implementation time frame before the full measure of the new fee would become payable. Implementation would be graduated, based on the difference between the licence fees payable on March 31, 2003, and the final amount payable. This graduated implementation would apply to licensees who would see an increase in their current annual licence fees as well as for those who would see a decrease in their fees, including situations where geographic partitioning and spectral disaggregation take place. In response to the consultation, several respondents said the proposed fee level is too high; represents an overall increase in fees to the industry that will negatively impact customers; and is a burden to an industry that is not yet profitable. These respondents proposed a lower fee. Industry Canada analysed all the comments received on the various aspects of the policy and licensing process, and concurrent with this notice, the Department announced the release of its policy document entitled Spectrum Licensing Policy for Cellular and Incumbent Personal Communications Services (PCS), which defined the final policy for the transition of cellular and incumbent PCS licensees to the new licensing regime. The cellular and 1995 PCS licensees will all pay the same annual rate in 2011, and the Department will adopt a fee level based on the 2003 licence renewal fees of $129,982,841 paid by these service providers. This equates to $1,053,957 per MHz nationally or $0.03512361 per person, given that the 2001 census population of Canada was 30 007 094. To determine this fee, the Department redistributed the total fee paid by cellular and incumbent PCS licensees in 2003 amongst the service providers by determining the amount of assigned spectrum bandwidth and the population in each licensee's service area. The minimum fee for an authorization is set at $1,000. The Department will implement the new fee over a seven-year time frame after which time the full measure of the new fee becomes payable. Implementation will be graduated based on the difference between licence fees payable at March 31, 2003, and the final amount payable. This graduated implementation will apply to both licensees seeing an increase in their current annual licence fees and to those seeing a decrease in their fees, including situations where partitioning and disaggregation take place. Complete details of the fees, established in accordance with the licensing policy and the client procedures circular, are set out in the following fee schedule. Fee Schedule The Minister of Industry, pursuant to section 19 of the Department of Industry Act, hereby fixes the following fees, effective April 1, 2004. The fees are applicable to radio authorizations issued by the Minister pursuant to paragraph 5(1)(a) of the Radiocommunication Act to establish wireless telecommunication systems in accordance with the terms of the radio authorization. Interpretation 1. For the purpose of this fee schedule, "service area" means the defined geographic area specified in the radio authorization; "specified frequencies" means the range of frequencies, or portion thereof, in the frequency bands 824.040 MHz to 848.970 MHz, 869.040 MHz to 893.970 MHz or 1 850 MHz to 1 990 MHz specified in the radio authorization; "person" means the number of individual people in a census area as determined by Statistics Canada in the 2001 Census and as specified for the service area in the radio authorization; "wireless telecommunication system" means a radiocommunication system which operates on specified frequencies in the service area specified in the radio authorization; "renewal fee" means the annual fee payable for the continuance in force of the radio authorization until the radio authorization expires; "new fee" means the applicable annual, prorated or renewal fee fixed under sections 2 to 5 or section 6; and "old annual fee" means,
Annual Radio Authorization Fee 2. (1) The annual radio authorization fee, payable with respect to the specified frequencies upon which a wireless telecommunications service provider is authorized to operate, is for each 1 MHz, or portion thereof, $0.03512361 per person for the authorized service area specified in the radio authorization. (2) The minimum annual radio authorization fee with respect to an authorization issued under subsection 2(1) is $1,000. (3) The applicable annual radio authorization fee payable pursuant to subsection 2(1) or (2) applies to all new authorizations issued effective April 1, 2004, with respect to specified frequencies in a service area: (a) never assigned to any licensee by the Department prior to April 1, 2004, or (b) returned to the Department for reassignment after April 1, 2004. Prorated Fee 3. The prorated balance of the then-current fiscal year's authorization fee for the applicable specified frequencies for the authorized service area is due on the date of the issuance of the radio authorization. 4. The month that the Minister issues the initial annual radio authorization determines the applicable prorated fee. 5. The prorated fee is 1/12 of the total applicable annual authorization fee for each month until March 31 of the then-current fiscal year. Renewal Fee 6. The renewal fee is the applicable annual radio authorization fee. Fee Adjustments for Phased Implementation During Fiscal Years 2004 to 2011 7. During fiscal years 2004 to 2011, the applicable annual, prorated or renewal fee set out in sections 2 to 6 is adjusted in accordance with section 8 or 9 and Schedule I: (a) for all incumbent cellular or 1995 Personal Communications Services (PCS) licensees; or (b) after April 1, 2004, for any new licensee who is authorized specified frequencies in a service area as a result of the transfer of the specified frequencies in a service area, whether in whole or part, from an incumbent cellular or 1995 PCS licensee. Annual Fee Increase 8. (1) Where the old annual fee expressed as a dollar value per MHz per person is less than the new annual fee set out in section 2, the applicable annual fee for the then-current fiscal year is increased by (a) the applicable fee adjustment factor set out in column II of item 1 of Schedule I for fiscal year 2004-2005, multiplied by the difference between the new annual fee set out in section 2 and the old annual fee; or (b) the applicable fee adjustment factor set out in column II for items 2 to 7 of Schedule I for each of the following fiscal years, multiplied by the difference between the new annual fee set out in section 2 and the applicable old annual fee for the previous fiscal year. (2) When B < C, the adjusted annual fee, A, for the then-current fiscal year is A = B + D (C - B) where A is the adjusted annual fee expressed as a dollar value per MHz per person for the then-current fiscal year; B is the old annual fee expressed as a dollar value per MHz per person for the fiscal year 2003-2004; for the fiscal year 2004-2005 and for subsequent fiscal years set out in Schedule 1, B is the previous fiscal year's applicable annual fee expressed as a dollar value per MHz per person; C is the annual new fee of $0.03512361 per MHz per person set out in section 2; and D is the applicable adjustment factor set out in Schedule 1. Annual Fee Decrease 9. (1) Where the old annual fee expressed as a dollar value per MHz per person is more than the new annual fee set out in section 2, the applicable annual fee for the then-current fiscal year is decreased by (a) the applicable fee adjustment factor set out in column II of item 1 of Schedule 1 for fiscal year 2004-2005, multiplied by the difference between the old annual fee and the new annual fee set out in section 2; or (b) the applicable fee adjustment factor set out in column II for items 2 to 7 of Schedule I for each of the following fiscal years, multiplied by the difference between the applicable old annual fee for the previous fiscal year and the new annual fee set out in section 2. (2) When B > C, the adjusted annual fee, A, for the then-current fiscal year is A = B - D (B - C) where A is the adjusted annual fee expressed as a dollar value per MHz per person for the then-current fiscal year; B is the old annual fee expressed as a dollar value per MHz per person for the fiscal year 2003-2004; for the fiscal year 2004-2005 and for subsequent fiscal years set out in Schedule 1, B is the previous fiscal year's applicable annual fee expressed as a dollar value per MHz per person; C is the new annual fee of $0.03512361 per MHz per person set out in section 2; and D is the applicable adjustment factor set out in Schedule 1. Schedule I
General Notes 1. The aggregate fees are rounded to the nearest dollar. 2. The annual renewal fees are due on or before March 31 for the subsequent fiscal year commencing on April 1. 3. These fees may be revised from time to time as circumstances warrant or as more recent census data becomes available. 4. The licensing policy, client procedures circular and maps of the service areas and their populations are available on Industry Canada's Spectrum Management and Telecommunications Web site at http://strategis.gc.ca/spectrum.
ALLAN ROCK
[51-1-o] RADIOCOMMUNICATION ACT Notice No. DGRB-006-03 — Spectrum Licensing Policy for Cellular and Incumbent Personal Communications Services (PCS) This notice announces the release of the paper entitled Spectrum Licensing Policy for Cellular and Incumbent Personal Communications Services (PCS). This document outlines Industry Canada's proposal for the transition of cellular and incumbent PCS licences to spectrum licences similar to those issued following the auction of additional PCS spectrum in the 2-GHz range, thereby eliminating the requirement for radio licences and introducing a new, common fee regime. In December 2002, the Department released the Canada Gazette Notice No. DGRB-004-02 entitled Consultation on a New Fee and Licensing Regime for Cellular and Incumbent Personal Communications Services (PCS) Licensees. Industry Canada proposed a transition of the cellular and incumbent PCS licensees to new licensing and fee regimes based on spectrum licences and a common fee. Comments and reply comments were received in March and April 2003. Industry Canada analysed all of the comments received on the various aspects of the policy and licensing process, and is now in a position to define the final policy for the transition of cellular and incumbent PCS licensees to the new licensing regime. 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 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 (819) 941-5995 or 1-800-635-7943. December 12, 2003
JAN SKORA
[51-1-o] OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS BANK ACT ICICI Bank Canada — Order to Commence and Carry on Business Notice is hereby given of the issuance, pursuant to subsection 49(1) of the Bank Act, of an order to commence and carry on business authorizing ICICI Bank Canada, and in French, Banque ICICI du Canada, to commence and carry on business, effective November 25, 2003. December 9, 2003
NICHOLAS LE PAN
[51-1-o] OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS BANK ACT Ubiquity Bank of Canada — Letters Patent of Incorporation Notice is hereby given of the issuance on November 10, 2003, pursuant to section 22 of the Bank Act, of letters patent incorporating Ubiquity Bank of Canada and, in French, Banque Ubiquity du Canada. December 9, 2003
NICHOLAS LE PAN
[51-1-o] Balance Sheet as at December 3, 2003
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