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Notice

Vol. 137, No. 17 — April 26, 2003

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2003-66-02-02 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 substance 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 2003-66-02-02 Amending the Non-domestic Substances List.

Ottawa, April 16, 2003

DAVID ANDERSON

Minister of the Environment

ORDER 2003-66-02-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part I of the Non-domestic Substances List is amended by deleting the following:

171263-25-5

COMING INTO FORCE

2. This Order comes into force on the day on which the Order 2003-66-02-01 Amending the Domestic Substances List comes into force.

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2003-87-02-02 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 2003-87-02-02 Amending the Non-domestic Substances List.

Ottawa, April 16, 2003

DAVID ANDERSON

Minister of the Environment

ORDER 2003-87-02-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part I of the Non-domestic Substances List is amended by deleting the following:

10594-03-3 70161-44-3 165526-47-6

COMING INTO FORCE

2. This Order comes into force on the day on which the Order 2003-87-02-01 Amending the Domestic Substances List comes into force.

[17-1-o]

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and Position Order in Council
Canada Pension Plan  
Review Tribunal  
Members  
Jago, Mary Louise — Prince George 2003-453
Serne, Doris Elizabeth — Saskatoon 2003-454
Lashley, Myrna E. 2003-449
Canadian Race Relations Foundation  
Director of the Board of Directors  
Sheldon, Robert Stanley 2003-451
Canadian Institutes of Health Research  
Member of the Governing Council  
Wallace, Peter M. 2003-455
Great Lakes Fishery Commission  
Member  

April 15, 2003

JACQUELINE GRAVELLE

Manager

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointment

Name and Position

Instrument of Advice dated April 11, 2003
Mahoney, Steven W., P.C.
Minister of State to be styled Secretary of State — Selected Crown Corporations

April 15, 2003

JACQUELINE GRAVELLE

Manager

[17-1-o]

DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGTP-005-03 — Spectrum Designation to Accommodate Licence-exempt Fixed Point-to-point Transmission Links in the Band 24.05-24.25 GHz

Intent

The purpose of this notice is to announce a designation of spectrum in the band 24.05-24.25 GHz to accommodate licence-exempt fixed point-to-point transmission links using highly directional antennas. Key objectives of this policy are to facilitate the operation of licence-exempt radio systems, which provide a greater choice of backbone and local network technologies, as well as to advance competition in the telecommunications industry. To that end, the Department recognizes the importance of harmonizing spectrum policy and technical requirements to operate in the regional and global marketplace while ensuring maximum benefits to Canadians, and so that products achieve economies of scale. As well, it is important to encourage the development of innovative radio communications which may further the Government's connectedness agenda. The introduction of fixed transmission links should not cause an increase in harmful interference to other services co-existing in the same spectrum. These devices will therefore be required to operate in accordance with parameters selected to permit compatible co-existence between users in the same frequency band and with other services using these bands.

Discussion

The band 24.05-24.25 GHz is currently allocated to the radio-location service on a primary basis and to the amateur service and earth exploration-satellite service (active) on a secondary basis in the Canadian Table of Frequency Allocations. This band has a designation for use by industrial, scientific, and medical (ISM) equipment. The lower adjacent band 24.00-24.05 GHz is allocated on a primary basis to amateur and amateur-satellite services and the upper adjacent band 24.25-24.45 GHz has recently been authorized for fixed service applications. For a number of years now, the band 24.05-24.25 GHz has been available for licence-exempt devices including field disturbance sensors which are permitted to operate at field strengths up to 2 500 mV/m in the band 24.075-24.175 GHz.

In a recent consultation paper, the Department requested comments on new service applications that could be introduced in the band 24.05-24.25 GHz. Respondents expressed little interest in the specific proposal that was made. Some respondents expressed concern regarding sharing with the secondary allocation for the amateur service. Also, a submission was received from one manufacturer on designating this band for licence-exempt transmission links to align with the US market. The Federal Communications Commission (FCC) issued a Report and Order (FCC 01-357) in December 2001 amending Part 15 Rules to allow the operation of fixed point-to-point transmitters in the band 24.05-24.25 GHz at field strengths of up to 2 500 mV/m (average field strength values measured at three metres). The Rules state that transmitters operating at these power levels are required to use highly directional antennas with gains of at least 33 dBi or a main lobe beamwidth (half power points) not exceeding 3.5 degrees to minimize the occurrence of harmful interference to other services in the band. The Rules are intended to allow the operation of licence-exempt point-to-point transmitters, thus allowing for a variety of innovative products and applications in the band.

The Department was urged in the consultation process to consider harmonizing the band 24.05-24.25 GHz for licence-exempt transmission links and to set technical standards under Radio Standards Specification 210, Low Power Licence-Exempt Radiocommunication Devices (All Frequency Bands) [RSS-210]. Licence-exempt devices are radio apparatus which are exempt under the Radiocommunication Act from the requirement to operate under a radio licence in specified radio frequency bands and which conform to established Industry Canada spectrum policies, regulations and technical standards. Licence-exempt devices or systems cannot claim protection from other radio systems and cannot cause harmful interference into licensed radio services.

The FCC ruling noted that the use of a directional antenna will change the shape of the radiated fields and maintain the same geographic coverage as an isotropic antenna. While signals will travel further in the intended direction of communication, the transmissions will be limited in all other directions. Using a highly directional antenna, with either a specified minimum gain or maximum main lobe beamwidth, will produce a narrow radiation pattern, thereby minimizing the possibility of creating harmful interference to other services in the band. Furthermore, a stringent frequency stability requirement will ensure that emissions remain within the authorized transmission bandwidth and minimize drift into the adjacent bands. The Department is in general agreement with these findings and notes that the process, started in 1998 in the United States, included detailed consideration of the concerns of existing services both in-band and in adjacent bands.

In summary the Department has concluded that opening the band 24.05-24.25 GHz could provide the opportunity for a range of point-to-point transmission facilities to support local broadband distribution and network applications. The attractiveness of licence-exempt use is in the ability to rapidly deploy, avoiding the delays often associated with licensed spectrum authorization and coordination. The Department believes that the public interest will be served by allowing licence-exempt transmission links in order to foster affordable telecommunications facilities.

Decision

The Department is, herewith, designating the band 24.0524.25 GHz for the use of licence-exempt fixed point-to-point transmission links, using highly directional antennas, on the basis that such devices cannot claim protection from other radio systems and cannot cause harmful interference to licensed radio services.

Conditions for Operation of Point-to-point Transmission Links

Licence-exempt devices may constitute transmission facilities as defined in the Telecommunications Act. The use of such devices in providing telecommunications services to the public for compensation could be subject to the provisions of the Act, including those pertaining to Canadian ownership and control requirements.

Operators of these licence-exempt transmission links may be subject to the requirements for seeking approval for antennas and their supporting structures. The Department has instituted procedures for users of the radio frequency spectrum which give consideration to the following three areas: (i) the environment; (ii) Health Canada's Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz, Safety Code 6; and (iii) land-use consultation. Details of the responsibilities associated with tower placements can be found in Client Procedures Circular 2-0-03, Environmental Process, Radiofrequency Fields and Land-Use Consultation (CPC-2-0-03).

Any inquiries on this Spectrum Utilization Policy should be directed to the Manager, Fixed Services — Telecommunications Policy Branch, Industry Canada, (613) 998-3974 (Telephone), (613) 952-0567 (Facsimile), wireless@ic.gc.ca (Electronic mail).

Amendment to Radio Standards Specification 210 (RSS-210)

Notice is given that Industry Canada is making provisional technical changes to RSS-210, Issue 5, which address the above decision concerning the band 24.05-24.25 GHz. These technical changes are contained in Amendment 2 to RSS-210, Issue 5, which will go into effect on the date of publication of this notice. Where there is discrepancy between the existing text of RSS-210, Issue 5, and the Amendment, the Amendment shall take precedence.

This document has been coordinated with the Radio Advisory Board of Canada (RABC).

The Radio Equipment Technical Standards Lists will be amended to reflect the change to RSS-210.

Interested parties may submit comments on the Amendment to RSS-210 within 90 days of the publication of this notice. 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. Comments received will be taken into account and, if necessary, a new issue or a revised version of the current issue may be developed.

Submitting Comments Regarding the Amendment to RSS-210

Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) along with a note specifying the software, version number and operating system used.

Any comments or inquiries on the Amendment to RSS-210 should be directed to the Manager, Radio Equipment Standards, (613) 990-4699 (Telephone), (613) 991-3961 (Facsimile), res.nmr@ic.gc.ca (Electronic mail).

Written submissions should be addressed to the Director General, Spectrum Engineering, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, the publication date, the title, and the notice reference number DGTP-005-03.

To Obtain Copies

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

Paper copies can be obtained for a fee from: St. Joseph Print Group Inc., 1165 Kenaston Street, P.O. Box 9809, Station T, Ottawa, Ontario K1G 6S1, (613) 746-4005 (Telephone), 1-888-562-5561 (Toll-free number), (819) 779-2833 (Facsimile), DLSOrderdesk@eprintit.com (Electronic mail).

Issued under the authorization of the Radiocommunication Act.

April 15, 2003

LARRY SHAW

Director General

Telecommunications Policy

R. W. MCCAUGHERN

Director General

Spectrum Engineering Branch

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DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

Ship-source Oil Pollution Fund

Pursuant to section 94 (see footnote e)  of the Marine Liability Act (the Act) and the Marine Liability Regulations made pursuant to paragraph 94(3)(b) (see footnote f)  of the Act, the amount of the levy in respect of payments into the Ship-source Oil Pollution Fund required by subsection 93(2) (see footnote g)  of the Act would be 41.97 cents if the levy were to be imposed pursuant to subsection 95(1) (see footnote h)  of the Act during the fiscal year commencing April 1, 2003.

DAVID M. COLLENETTE

Minister of Transport

[17-1-o]

DEPARTMENT OF VETERANS AFFAIRS

VETERANS' LAND ACT

Authorizations

Due to changes of officials responsible for the administration of the Veterans' Land Act, it is necessary to amend the authorization, dated November 7, 2000, accordingly.

The Deputy Minister of Veterans Affairs, pursuant to subsections 3(1) and 48.1(1) of the Veterans' Land Act, hereby repeals the authorizations to exercise or perform the Director's powers or duties, made on November 7, 2000, and replaces these authorizations by the following:

1. The following persons may, subject to direction from The Director, The Veterans' Land Act, exercise or perform any of that Director's powers or duties:

    (a) Don MacLachlan, Manager, Property Management;

    (b) Ronald A. Saunders, Property Rights and Estates Analyst;

    (c) Charles Curley, Property Rights and Estates Analyst; and

    (d) Sandra E. MacPhail, Property Rights and Estates Analyst.

Ottawa, April 10, 2003

LARRY MURRAY

Deputy Minister of Veterans Affairs

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Footnote a 

S.C. 1999, c. 33

Footnote b 

S.C. 1999, c. 33

Footnote c 

S.C. 1999, c. 33

Footnote d 

S.C. 1999, c. 33

Footnote e 

S.C. 2001, c. 6

Footnote f 

S.C. 2001, c. 6

Footnote g 

S.C. 2001, c. 6

Footnote h 

S.C. 2001, c. 6

 

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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Updated: 2005-04-08