Vol. 137, No. 42 — October 18, 2003

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, Permit No. 4543-2-06259 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, 2003, to November 19, 2004.

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, Department of the Environment, 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 to be disposed of 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

Significant New Activity Notice No. 12498

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

Whereas the Ministers of the Environment and Health have assessed information in respect of the substance 1-Propanaminium, N-(carboxymethyl)-N,N-dimethyl-3-[[(13Z)-1-oxo-13-docosenyl] amino]- inner salt, CAS Registry Number 149879-98-1;

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 (CEPA 1999),

Therefore the Minister of the Environment indicates, pursuant to section 85 of the CEPA 1999, that paragraph 81(4) of the same Act applies with respect to the substance.

A significant new activity involving the substance is any activity other than importing it for use as a chemical additive in subsurface treatment fluids used in oil and gas production.

A person who is going to use this substance for a significant new activity set out in this notice shall provide the following information to the Minister, at least 90 days prior to the commencement of the proposed new activity:

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

(2) Submission of all information prescribed by Schedule I of the New Substances Notification (NSN) Regulations;

(3) Submission of items 3(1) to 3(4) prescribed by Schedule II of the NSN Regulations; and

(4) Concentration of the substance in the final product as a result of the new activity.

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

October 8, 2003

DAVID ANDERSON

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 of the Environment 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 DSL 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 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 by the Minister with respect to the substance to which it relates, nor does it constitute an exemption from the application of any other laws or regulations or other statutory instruments that may also apply to the substance or activities involving or in respect of the substance.

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DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendments

Interim Marketing Authorization

Fenhexamid is registered under the Pest Control Products Act as a fungicide for the control of Botrytis diseases on grapes, red and black raspberries, loganberries, blackberries and strawberries. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of fenhexamid resulting from these uses at 20 parts per million (p.p.m.) in blackberries, loganberries and raspberries, 6 p.p.m. in raisins, 4 p.p.m. in grapes, and 3 p.p.m. in strawberries. MRLs have also been established at 6 p.p.m. in apricots, cherries and peaches/nectarines, 0.5 p.p.m. in plums and 0.02 p.p.m. in almonds imported into Canada, in order to permit the sale of food containing these residues. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the MRL for other foods is 0.1 p.p.m.

The Pest Management Regulatory Agency (PMRA) of Health Canada has recently approved an application to amend the registration of fenhexamid in order to allow its use for the control of Botrytis diseases on tomatoes. The PMRA has also been requested to establish an MRL for residues of fenhexamid in tomatoes resulting from this use, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new use of a pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. The registration of the pest control product will be amended if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

After the review of all available data, the PMRA has determined that an MRL for fenhexamid of 1 p.p.m. in tomatoes would not pose an unacceptable health risk to the public.

The use of fenhexamid on tomatoes will provide joint benefits to consumers and to the agricultural industry as a result of improved management of pests. In addition, this use will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

Therefore, it is the intention of the PMRA to recommend that the Food and Drug Regulations be amended to establish an MRL for fenhexamid of 1 p.p.m. in tomatoes.

As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) is being issued to permit the immediate sale of tomatoes with an MRL for fenhexamid of 1 p.p.m. while the regulatory process to amend the Regulations is undertaken.

September 26, 2003

DIANE GORMAN

Assistant Deputy Minister

Health Products and Food Branch

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DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendments

Interim Marketing Authorization

Propiconazole is registered under the Pest Control Products Act as a fungicide for the control of several fungi on numerous crops. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of propiconazole and its metabolites resulting from these uses at 1 part per million (p.p.m.) in apricots, cherries, peaches/nectarines and plums, 0.15 p.p.m. in dried blueberries, 0.1 p.p.m. in asparagus, 0.05 p.p.m. in barley, oats and wheat, and 0.02 p.p.m. in blueberries. An MRL has also been established at 2 p.p.m. in liver and kidney of cattle to cover residues in food derived from animals fed with crops treated with propiconazole. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the MRL for other foods is 0.1 p.p.m.

The Pest Management Regulatory Agency (PMRA) of Health Canada has recently approved an application to amend the registration of propiconazole in order to allow its use for the control of yellow rust on blackberries, loganberries and raspberries. The PMRA has also been requested to establish an MRL for residues of propiconazole and its metabolites resulting from this use in blackberries, loganberries and raspberries, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new use of a pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. The registration of the pest control product will be amended if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

After the review of all available data, the PMRA has determined that an MRL for propiconazole and its metabolites of 0.7 p.p.m. in blackberries, loganberries and raspberries would not pose an unacceptable health risk to the public.

The use of propiconazole on blackberries, loganberries and raspberries will provide joint benefits to consumers and the agricultural industry as a result of improved management of pests. In addition, the proposed regulatory amendment will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

Therefore, it is the intention of the PMRA to recommend that the Food and Drug Regulations be amended to establish an MRL for propiconazole and its metabolites of 0.7 p.p.m. in blackberries, loganberries and raspberries.

As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) is being issued to permit the immediate sale of blackberries, loganberries and raspberries with an MRL for propiconazole and its metabolites of 0.7 p.p.m. while the regulatory process to amend the Regulations is undertaken.

September 26, 2003

DIANE GORMAN

Assistant Deputy Minister

Health Products and Food Branch

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

October 7, 2003

JACQUELINE GRAVELLE

Manager

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGTP-007-03 — Consultation on the Spectrum for Advanced Wireless Services and Review of the Mobile Spectrum Cap Policy

This notice announces the publication of a consultation paper, under the above title, which proposes the allocation and designation of spectrum for Advanced Wireless Services (AWS). Advanced Wireless Services include a wide range of services, such as third-generation cellular, multimedia, and broadband Internet. The industry has supported Industry Canada in its plans to identify spectrum for advanced mobile wireless services so as to keep Canada in step with developments in the United States and Europe on licensing activities. Consequently, and pursuant to the work plan published in Radio Systems Policy-020, Guidelines on the Licensing Process and Spectrum Release Plan — 2001 Edition (RP-020), this first consultation document includes proposals and invites comments on spectrum allocations and band designations. In order for incumbents of mobile spectrum to access these new bands in a future licensing activity, a full review of the spectrum cap policy is also initiated. The consultation paper also invites comments on measures to promote advanced mobile telephony services in rural Canada.

The service capabilities envisaged from Advanced Wireless Services (new mobile and fixed applications) are very promising and could provide people on the move full participation in the knowledge-based economy. The public benefits of these advanced service offerings support the Department's initiative in proposing changes to spectrum allocations and designations which are laid out in this consultation paper.

Industry Canada invites interested parties to provide their views and comments on the issues raised in the consultation paper announced through this notice. Interested parties should submit their comments no later than January 19, 2004, to ensure consideration. 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 e-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 Manager, Mobile Services, Telecom Policy Branch, Industry Canada, 1604A, 300 Slater Street, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, publication date, the title, and the notice reference number (DGTP-007-03).

To Obtain Copies

Copies of the consultation paper are available electronically on the Spectrum Management and Telecommunications Web site at: http://strategis.gc.ca/spectrum.

Official printed copies of 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.

October 10, 2003

LARRY SHAW

Director General

Telecommunications Policy Branch

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BANK OF CANADA

Balance Sheet as at October 1, 2003

BANK OF CANADA

Balance Sheet as at October 8, 2003

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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