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Vol. 137, No. 29 — July 19, 2003 GOVERNMENT NOTICESDEPARTMENT 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 Piperidine, 1-acetyl-4-(3-dodecyl-2,5-dioxo-1-pyrrolidinyl)-2,2,6,6-tetramethyl-, Chemical Abstracts Service No. 106917-31-1, And whereas the Ministers suspect that the substance is toxic, The Minister of the Environment is hereby pleased to impose, under paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, conditions under Ministerial Condition No. 12066, in accordance with the following text.
DAVID ANDERSON
CONDITIONS (Section 84 of the Canadian The notifier may import the substance in any amounts after the assessment period expires only in circumstances where the notifier complies with the following terms: Use Restriction 1. The notifier shall import the substance for use only as a UV light absorber/stabilizer in clear coatings for the automotive industry. No Release Into the Environment 2. (1) The substance shall not be released into the environment. 2. (2) Any 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 for recovery; or (b) disposed of as hazardous wastes as permitted under the laws of the jurisdiction where the disposal facility is located; or (c) disposed of via incineration as permitted under the laws of the jurisdiction where the disposal facility is located. Disposal Restriction for Returnable Vessels 3. (1) 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; or (b) all vessels shall be sealed to prevent release of the substance prior to the vessels being returned. Disposal Restriction for Non-Returnable Vessels 4. (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, at customer facility, to remove any residual substance prior to the containers being disposed; 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. 4. (2) Where any release of the substance to the environment occurs in contravention of the conditions set out in items 2(1) to 2(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. Transportation Requirements 5. (1) The substance must be transported as dangerous goods as indicated under the Transportation of Dangerous Goods Regulations. 5. (2) All vessels shall be sealed to prevent release of the substance prior to the vessels being transported offsite. 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 specific use of the substance; (b) the quantity of the substance being imported, sold and used; (c) the name and address of each customer buying the substance; (d) the name and address of the company, in Canada, disposing of the vessels that held the substance; (e) the name and address of the company, in Canada, transporting the vessels that held the substance. 6. (2) The notifier shall maintain electronic or paper records made in item 6.(1) at the notifier's Canadian Headquarters for a period of at least five years after they are made. Information Requirements 7. (1) Should the notifier intend to change waste disposal practices, other than those specified in items 2.(1) and 2.(2) the notifier shall inform the Minister of the Environment, in writing, at least 30 days prior to the beginning of the new activity. 7. (2) 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 customers, in writing, of the terms of the condition and the notifier shall obtain, prior to any transfer of the substance, written confirmation from customers, on the customer's 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 Canadian headquarters for a period of at least five years after they are made. [29-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Order 2003-66-04-03 Amending the Non-domestic Substances List Whereas, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999, (see footnote a) 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 66(3) of the Canadian Environmental Protection Act, 1999, (see footnote b) hereby makes the annexed Order 2003-66-04-03 Amending the Non-domestic Substances List. Ottawa, July 4, 2003
DAVID ANDERSON
ORDER 2003-66-04-03 AMENDING THE NON-DOMESTIC SUBSTANCES LIST AMENDMENTS 1. Part 1 of the Non-domestic Substances List (see footnote 1) is amended by deleting the following:
2. Part 1 of the List is amended by adding the following in numerical order:
3. Part 3 of the List is amended by deleting the following:
4. Part 3 of the List is amended by adding the following in numerical order:
COMING INTO FORCE 5. This Order comes into force on the day on which the Order 2003-66-04-01 Amending the Domestic Substances List comes into force. [29-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Order 2003-87-04-02 Amending the Non-domestic Substances List Whereas, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999, (see footnote c) 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 d) hereby makes the annexed Order 2003-87-04-02 Amending the Non-domestic Substances List. Ottawa, July 4, 2003
DAVID ANDERSON
ORDER 2003-87-04-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST AMENDMENT 1. Part I of the Non-domestic Substances List (see footnote 2) is amended by deleting the following:
COMING INTO FORCE 2. This Order comes into force on the day on which the Order 2003-87-04-01 Amending the Domestic Substances List comes into force. [29-1-o] DEPARTMENT OF HEALTH ACT Notice Amending the Passenger Train Inspection Fees The Minister of Health, under the authority of the Department of Health Act, hereby amends the fees that are payable for the provision of passenger train inspections, beginning June 15, 2003. Under the Department of Health Act, Section 4, the Minister of Health may take measures relating to the promotion and preservation of the health of the people of Canada. More specifically under Section 4(e) the Minister's powers, duties and functions include "the protection of public health on railways, ships, aircraft and all other methods of transportation, and their ancillary services." The passenger train inspections are provided in compliance with the Department of Health Act. The inspections are conducted by personnel of the Health Canada Workplace Health and Public Safety Programme under a voluntary compliance program which has been development in partnership with the passenger train industry. As part of this voluntary compliance program, Health Canada, in 2001, reached an agreement with VIA Rail Canada to conduct on an annual basis periodic inspections of the food and water quality and the sanitation in general on board and off board VIA Rail Canada passenger trains. The revised fee for the provision of inspections on a cost recovery basis by Health Canada will be as follows: TABLE 1
For further information, please contact the Director, Public Health Bureau, Workplace Health and Public Safety Programme (WHPSP), Healthy Environments and Consumer Safety Branch (HECSB), Health Canada, Room 964, Address Locator 3709D, Vanguard Building, 171 Slater Street, Ottawa, Ontario K1A 0K9, (613) 957-3427 (Telephone), (613) 954-5822 (Facsimile). [29-1-o] FOOD AND DRUGS ACT Food and Drug Regulations — Amendments Interim Marketing Authorization Cyhalothrin-lambda is registered under the Pest Control Products Act as an insecticide for the control of a wide variety of pests on numerous crops. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of cyhalothrin-lambda resulting from these uses at 2 parts per million (p.p.m.) in head lettuce, 0.4 p.p.m. in broccoli and cabbage, 0.3 p.p.m. in sunflower oil, 0.2 p.p.m. in sunflower seeds, 0.15 p.p.m. in corn flour, 0.1 p.p.m. in tomatoes and 0.05 p.p.m. in corn. MRLs have also been established at 1 p.p.m. in milk and 0.2 p.p.m. in meat of cattle, goats, hogs, horses and sheep to cover residues in food derived from animals fed with crops treated with cyhalothrin-lambda. 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 cyhalothrin-lambda in order to allow its use for the control of onion thrips on leeks. The PMRA has also been requested to establish an MRL for residues of cyhalothrin-lambda resulting from this use in leeks, 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 of 0.15 p.p.m. for cyhalothrin-lambda in leeks would not pose an unacceptable health risk to the public. The use of cyhalothrin-lambda on leeks will provide joint benefits to consumers and to 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 cyhalothrin-lambda of 0.15 p.p.m. in leeks. 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 leeks with an MRL for cyhalothrin-lambda of 0.15 p.p.m., while the regulatory process to amend the Regulations is undertaken. June 26, 2003
DIANE GORMAN
[29-1-o] RADIOCOMMUNICATION ACT Notice No. DGRB-002-03 — Call for Interest in Broadcasting Satellite Orbital Positions This notice announces the release of a paper, under the above title, that invites interested parties to submit expressions of interest to Industry Canada for broadcasting satellite orbital positions, utilizing either the 17-GHz or 12-GHz Broadcasting Satellite Service (BSS) frequency bands. In June 2002, the Department issued a Call for Expressions of Interest in 17-GHz BSS orbital positions. This was done to assist the Department in advancing the international coordination for Canadian access to strategic orbital positions and to develop a process for making these orbital positions available for assignment. Since this earlier call, the Department has taken additional steps to advance the international coordination of 11 broadcasting satellite orbital positions at 17 GHz to achieve the best conditions for successful coordination. However, while able to advance the international coordination of these positions, the interest expressed was not tangible enough to assign these orbital positions. As a result, all 11 orbital positions remain available for potential assignment. Regarding the 12-GHz BSS, Canada also has access to five broadcasting satellite orbital positions. Telesat Canada currently has authority for the use of two orbital positions to provide satellite capacity for Direct-to-Home (DTH) television service in Canada. While access to these orbital positions for the provision of service to specific regions within Canada has been secured by international agreement, in 1996, the Department filed amendments with the ITU with a view toward the implementation of satellites to provide coverage of Canada and beyond from each of the 12-GHz BSS orbital positions. These latter filings are time limited by the ITU regulatory process, which requires that satellites be brought into use early. Recently, the Department received an application to use one of Canada's three available 12-GHz broadcasting satellite orbital positions. The Department now invites interested parties to submit expressions of interest for the use of available 17-GHz or 12-GHz broadcasting satellite orbital positions. It should be noted that the Department intends to proceed quickly with the potential assignment of these orbital positions, should there be tangible interest. Accordingly, in the event that any position is sought by more than one applicant, the Department will use information provided in the expressions of interest pursuant to this process to determine alternative potential assignments. Submitting Expressions of Interest Instructions for the submission of expressions of interest are provided in the referenced paper. To satisfy the Department's objective that the licensing process is transparent, fair and timely for interested parties who wish to access these orbital positions, a Call for Expressions of Interest is initiated with this notice. To ensure that expressions of interest are fully considered, they must be submitted to Industry Canada no later than 5 p.m. EDT, September 15, 2003. All expressions of interest received will be posted on Industry Canada's Spectrum Management and Telecommunications Web site within a few days of their receipt. All submissions must refer to the Canada Gazette notice DGRB-002-03, and clearly identify the respondent, provide the name of a person who can be contacted regarding the expression of interest, a corresponding mailing address, electronic mail address, and telephone and fax numbers. Respondents are required to provide one paper copy and one electronic version of their expressions of interest. The Department requires that electronic versions be in one of the following formats: WordPerfect, Microsoft Word, or Adobe PDF. This version should be sent to the following electronic mail address: dsir@ic.gc.ca, along with a note specifying the software, version number, and operating system used. Written submissions should be addressed to Chantal Beaumier, Director, Space and International Regulatory Activities, Radiocommunication and Broadcasting Regulatory Branch, Industry Canada, Jean Edmond Tower North, 15th Floor, 300 Slater Street, Ottawa, Ontario K1A 0C8. Obtaining Copies Copies of this document are available electronically on the Spectrum Management and Telecommunications Web site at: http://strategis.gc.ca/spectrum. Official printed copies can be obtained from the Canada Gazette Web site at: http://canadagazetteducanada.gc.ca/ subscription-e.html. July 9, 2003
JAN SKORA
[29-1-o] S.C. 1999, c. 33 S.C. 1999, c. 33 Supplement, Canada Gazette, Part I, January 31, 1998 S.C. 1999, c. 33 S.C. 1999, c. 33 Supplement, Canada Gazette, Part I, January 31, 1998 |
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