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Vol. 138, No. 36 — September 4, 2004 GOVERNMENT NOTICESDEPARTMENT 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. 4543-2-03346 are amended as follows: 7. Method of Loading and Disposal: Loading by clamshell dredge or cutter suction dredge with disposal by bottom dump scow or end dumping. M. NASSICHUK [36-1-o] 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. 4543-2-06296 is approved. 1. Permittee: Irving Oil Ltd., Saint John, New Brunswick. 2. Type of Permit: To dispose of dredged material. 3. Term of Permit: Permit is valid from January 1, 2005, to December 31, 2005. 4. Loading Site(s): Pier support locations for pier construction at the LNG marine terminal, Saint John, New Brunswick, 45°12.40' N, 65°58.91' W (NAD83), as described in Figure 1 "Site Drawing of Proposed Pier" submitted in support of the permit application. 5. Disposal Site(s): Adjacent to pier supports of pier construction at the LNG marine terminal, Saint John, New Brunswick, 45°12.40' N, 65°58.91' W (NAD83), as described in Figure 1 "Site Drawing of Proposed Pier" submitted in support of the permit application. 6. Route to Disposal Site(s): Via sidecasting, leveling, or sweeping. 7. Equipment: Barge-mounted clamshell dredge. 8. Method of Disposal: Sidecasting, leveling, or sweeping. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 25 000 m3. 11. Waste and Other Matter to Be Disposed of: Dredged material consisting of silt, sand, clay, gravel, and rock. 12. Requirements and Restrictions: 12.1. The Permittee shall notify in writing the following individuals at least 48 hours prior to each occasion that dredging equipment is mobilized to a loading site. The notification shall include the equipment to be used, the name of the contractor, the contact for the contractor, and the expected period of dredging. (a) Mr. Adrian MacDonald, Environmental Protection Branch, Environment Canada, Atlantic Region, Queen Square, 16th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (facsimile), adrian.macdonald@ec.gc.ca (electronic mail); (b) Mr. Clark Wiseman, Environmental Protection Branch, Environment Canada, Atlantic Region, Queen Square, 16th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-7924 (facsimile), clark.wiseman@ec.gc.ca (electronic mail); (c) Ms. Rachel Gautreau, Canadian Wildlife Service, Environment Canada, 17 Waterfowl Lane, Sackville, New Brunswick E4L 1G6, (506) 364-5062 (facsimile), rachel.gautreau@ec.gc.ca (electronic mail); and (d) Mr. Brian Keating, Area Habitat Management Coordinator, Fisheries and Oceans Canada, 717 Main Street, Unit 3, Sussex, New Brunswick E4E 7H7, (506) 432-5081 (facsimile), keatingb@mar.dfo-mpo.gc.ca (electronic mail). 12.2. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. Proof of payment of the remaining balance of $5,875 for the fee shall be submitted to Mr. Adrian MacDonald, identified in paragraph 12.1, prior to July 3, 2005. 12.3. Procedures to accurately measure or estimate quantities of dredged material disposed of shall be submitted to Mr. Adrian MacDonald, identified in paragraph 12.1. The procedures shall be approved by Environment Canada prior to the commencement of the first dredging operation to be conducted under this permit. 12.4. The Permittee shall submit an environmental protection plan for dredging and disposal at sea to Mr. Adrian MacDonald, identified in paragraph 12.1. The plan shall address project scheduling, minimizing interference with marine fish and commercial fisheries, providing commercial fishers with notification of activities authorized by this permit, and contingency planning. The plan shall be approved by Environment Canada prior to the commencement of the first dredging operation to be conducted under this permit. 12.5. A written report shall be submitted to Mr. Adrian MacDonald, 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 total quantity of material disposed of and the dates on which dredging activities occurred. 12.6. 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. 12.7. A copy of this permit and of documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are under way. 12.8. The dredging and disposal at sea authorized by this permit shall only be carried out by the Permittee or by a person with written approval from the Permittee. K. G. HAMILTON [36-1-o] 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 Indanedioxa, 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. 13052, in accordance with the following text. STÉPHANE DION CONDITIONS The Notifier may import or manufacture the substance after the assessment period expires only in circumstances where the Notifier complies with the following terms: Quantity Restriction 1. The Notifier shall import or manufacture the substance in amounts not exceeding an accumulated total of 10 000 kilograms. Use Restriction 2. The Notifier shall import or manufacture the substance for use only as a fragrance ingredient. Record-keeping Requirements 3. (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 or manufactures, sells and uses; (b) the specific use of the substance by the Notifier; and (c) the name and address of each person buying the substance. 3. (2) The Notifier shall maintain electronic or paper records made in item 3(1) at the Notifier's principal place of business in Canada for a period of at least five years after they are made. Other Requirements 4. The Notifier shall inform all persons, 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. [36-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Order 2004-66-07-03 Amending the Non-domestic Substances List The Minister of the Environment, pursuant to subsection 66(2) of the Canadian Environmental Protection Act, 1999 (see footnote a), hereby makes the annexed Order 2004-66-07-03 Amending the Non-domestic Substances List. Ottawa, August 24, 2004 STÉPHANE DION ORDER 2004-66-07-03 AMENDING THE AMENDMENTS 1. Part I of the Non-domestic Substances List (see footnote 1) is amended by adding the following in numerical order:
2. Part II of the List is amended by adding the following in numerical order:
COMING INTO FORCE 3. This Order comes into force on the day on which it is registered. [36-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Order 2004-87-06-02 Amending the Non-domestic Substances List Whereas, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999 (see footnote b), the Minister of the Environment has added the substances referred to in the annexed order to the Domestic Substances List; Therefore, the Minister of the Environment, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999 (see footnote c), hereby makes the annexed Order 2004-87-06-02 Amending the Non-domestic Substances List. Ottawa, August 24, 2004 STÉPHANE DION ORDER 2004-87-06-02 AMENDING THE AMENDMENTS 1. Part I of the Non-domestic Substances List (see footnote 2) is amended by deleting the following:
2. Part II of the List is amended by deleting the following:
COMING INTO FORCE 3. This Order comes into force on the day on which the Order 2004-87-06-01 Amending the Domestic Substances List comes into force. [36-1-o] OFFICE OF THE REGISTRAR GENERAL Appointments
August 24, 2004 JACQUELINE GRAVELLE [36-1-o] BOARDS OF TRADE ACT Chambre de commerce et d'industrie du Rouyn-Noranda régional Notice is hereby given that Her Excellency the Governor General in Council, by Order in Council dated July 7, 2004, has been pleased to change the name of the Chambre de commerce et d'industrie du Rouyn-Noranda régional to the Chambre de commerce et d'industrie de Rouyn-Noranda, upon petition made therefor under section 39 of the Boards of Trade Act. August 11, 2004 AÏSSA AOMARI [36-1-o] BOARDS OF TRADE ACT Chambre de commerce St-Anselme-Honfleur Notice is hereby given that Her Excellency the Governor General in Council, by Order in Council dated July 7, 2004, has been pleased to change the name of the Chambre de commerce St-Anselme-Honfleur to the Chambre de commerce de la MRC de Bellechasse and to change its boundaries to all of the municipalities of the MRC de Bellechasse upon petition made therefor under sections 4 and 39 of the Boards of Trade Act. August 11, 2004 AÏSSA AOMARI [36-1-o] BOARDS OF TRADE ACT St. Stephen-Milltown Chamber of Commerce Notice is hereby given that Her Excellency the Governor General in Council, by Order in Council dated July 7, 2004, has been pleased to change the name of the St. Stephen-Milltown Chamber of Commerce to the St. Stephen Area Chamber of Commerce and to change its boundaries to the town of St. Stephen, and the local service districts No. 5 Dufferin, No. 2 St. David, No. 22 Dennis Watson, No. 21 Western Charlotte and No. 6 St. Stephen, upon petition made therefor under sections 4 and 39 of the Boards of Trade Act. August 11, 2004 AÏSSA AOMARI [36-1-o] 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
August 27, 2004 AÏSSA AOMARI [36-1-o] 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
August 27, 2004 AÏSSA AOMARI [36-1-o] 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
August 27, 2004 AÏSSA AOMARI [36-1-o] 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
August 27, 2004 AÏSSA AOMARI [36-1-o] RADIOCOMMUNICATION ACT Notice No. DGTP-010-04 — Decision to rescind the Mobile Spectrum Cap Policy Intent 1. The intent of this notice is to implement the Minister of Industry's decision to rescind the existing Mobile Spectrum Cap Policy limiting the spectrum holdings of cellular and Personal Communication Services (PCS) radiocommunication carriers. (see footnote 3) The decision was announced in a news release dated August 27, 2004, and takes into account the submissions received in the public consultation process initiated in Notice DGTP-007-03 and the policy objectives of the Telecommunications Act. The decision became effective on August 27, 2004. Background 2. The spectrum cap policy was established in 1995 during the licensing of the spectrum for PCS at 2 GHz. The spectrum cap provided new entrants with access to a sufficient amount of radio spectrum resources. In conjunction with other regulatory provisions, such as analogue cellular roaming, the spectrum cap policy was to provide new entrants with the opportunity to become established in the market thereby fostering thereby fostering competition and choice for consumers. The mobile spectrum cap applied to frequency assignments for PCS at 2 GHz, cellular radiotelephony in the 800 MHz range and spectrum used for similar public high-mobility radiotelephony services. 3. In 1999, the spectrum cap policy was reviewed and the limit was increased from 40 to 55 MHz to allow existing carriers an opportunity to acquire new spectrum in view of the planned auction of the remaining PCS spectrum. The 2001 spectrum auction resulted in spectrum being mostly acquired by existing PCS carriers in various quantities, on a regional basis. 4. In October 2003, the Department launched a public consultation entitled Consultation on Spectrum for Advanced Wireless Services and Review of the Mobile Spectrum Cap Policy, to re-allocate large amounts of spectrum in the 1.7/2.1 GHz frequency range for Advanced Wireless Services (AWS) which include mobile cellular-type services. The cellular and PCS carriers expressed interest in using AWS spectrum for the expansion and evolution of their services. Because many of the carriers are near or at the spectrum cap limit in major markets, it was timely for the Department to initiate a full review of the spectrum cap policy. 5. In a separate consultation proceeding, the Department sought comments on the applicability of the mobile spectrum cap to mobile satellite operators planning to develop a terrestrial mobile component, known as ATC, as part of their mobile satellite service offerings. Public consultation 6. The Department sought comments on whether the spectrum cap policy continues to be relevant and serve the public interest. In particular, the Department sought to establish whether the spectrum cap should remain or be rescinded as a policy instrument. 7. There were 13 responses to the public consultation with about half responding to the spectrum cap issue. Most of the wireless carriers indicated that the policy has achieved its objectives, is no longer relevant as the industry is competitive and the cap should be rescinded immediately. One of the wireless carriers indicated that maintaining the spectrum cap continues to foster competition and is needed to prevent consolidation. Another respondent also supported the retention of the spectrum cap policy, as a mechanism for promoting competition. A mobile satellite operator opined that the use of spectrum for a terrestrial mobile component (ATC) should not qualify under the mobile spectrum cap policy. Regarding the use of other mechanisms to prevent spectrum concentration, many respondents suggested the continued use of applying a limit to the amount of spectrum that can be acquired within a specific licensing process similar to what has been used in recent spectrum auctions. Discussion 8. Spectrum is an essential component to the wireless industry and access to spectrum can be a significant barrier to entry. The planning and regulation of spectrum are the responsibility of Industry Canada. In the licensing of PCS wireless carriers in 1995, the Department elected to assist new entrants by providing sufficient spectrum as an opportunity to compete effectively with the cellular incumbents in operation since 1986. 9. The mobile spectrum cap is recognized as having played a role in providing new entrants with the opportunity to become established in the Canadian market. The Canadian cellular industry has extended coverage to more than 94 percent of the population and most major highways, and the migration to digital systems is well advanced. The wireless industry has matured and experienced tremendous growth in subscribers, and consumers are being provided with a range of voice and data services. After nine years, the Canadian wireless industry is well established. 10. In the near future, the wireless industry is going to have access to significantly more spectrum. The Department has proposed allocating and designating at least 100 MHz of new spectrum for the expansion and evolution of the cellular services such as advanced wireless services (AWS). As more spectrum becomes available, a general spectrum cap policy to oversee spectrum concentration becomes less relevant. 11. At the time of licensing new spectrum, to ensure that the spectrum resources are fairly distributed among interested parties, the Department can impose a limit on the amount of spectrum an applicant can acquire. This limit would be subject to public consultation prior to the specific band being licensed. 12. In dealing with wireless telecommunications carriers, the Department recognizes the distinct oversight that the Canadian Radio-television and Telecommunications Commission (CRTC) and the Competition Bureau may have over the industry. The Competition Bureau reviews and approves mergers and acquisitions where the merger or proposed merger prevents or lessens, or is likely to prevent or lessen, competition substantially. The CRTC oversees the wireless carriers under the Telecommunications Act, and may impose regulatory requirements. 13. In summary, the spectrum cap has been an effective tool in fostering a multi-carrier cellular industry. Since 1995, the new entrants have had a significant impact in stimulating innovation in the provision and choice of services. Over the years, the regulatory framework has also evolved, including more flexible use of spectrum, and expansion of services to rural areas under the new party cellular policy. (see footnote 4) The additional spectrum planned for release will also provide opportunities to existing and new carriers. Decision 14. In view of the above, the Minister announced his decision to rescind the spectrum cap policy effective immediately. This decision is consistent with the objectives of Canadian telecommunications policy and in particular, to foster increased reliance on market forces for the provision of telecommunications services and to ensure that regulation, where required, is efficient and effective. 15. In carrying out its role in the management of the radio frequency spectrum, the Department will continue to consult on releasing new spectrum resources and monitor the industry for excessive spectrum concentration. The Department will continue to promote a range of services with flexible spectrum allocations, to encourage increased coverage through roaming and new party access policies, and to facilitate access to spectrum. 16. With the removal of the spectrum cap policy the Department rescinds Radio Systems Policy 021, Revision to the PCS Spectrum Cap and Timing for Licensing Additional PCS Spectrum (RP-021). 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 (613) 941-5995 or 1-800-635-7943. August 27, 2004 LARRY SHAW [36-1-o] S.C. 1999, c. 33 Supplement Canada Gazette, Part 1, January 31, 1998 S.C. 1999, c. 33 S.C. 1999, c. 33 Supplement Canada Gazette, Part I, January 31, 1998 See Industry Canada's News Releases at http://www.ic.gc.ca/cmb/welcomeic.nsf/ICPages/NewsReleases See Radio Systems Policy 019, Policy for the Provision of Cellular Services by New Parties (RP-019), available at http://strategis.ic.gc.ca/epic/internet/insmt-gst.nsf/en/sf01593e.html |
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