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Notice

Vol. 139, No. 26 — June 25, 2005

GOVERNMENT NOTICES

DEPARTMENT OF CANADIAN HERITAGE

BROADCASTING ACT

Notice No. PRI-BPI-001-2005 — Invitation to comment on a proposal to amend the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) to extend to municipally owned telecommunications common carriers eligibility to hold broadcasting licences and to make other minor "housekeeping" amendments at the same time

Introduction

The Broadcasting Act gives the Governor in Council the power to issue directions to the Canadian Radio-television and Telecommunications Commission (CRTC) respecting the classes of applicants to whom broadcasting licences may not be issued or to whom amendments or renewals thereof may not be granted. The Governor in Council has used this power in the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) which has been in effect for many years and amended from time to time when required to meet changing circumstances.

The purpose of the present notice is to invite comments from the public on a proposal to amend this direction to extend to municipally owned telecommunications common carriers eligibility to hold broadcasting licences similar to that which was extended to provincial Crown corporation telecommunications carriers when the Direction was last amended in 1997. Any comments received on the other, "housekeeping" amendments will also be considered.

Background

The 1997 amendment was one of a number of steps taken at that time to implement the Government of Canada's Convergence Policy that had been announced on August 6, 1996. In that policy, the Government declared that all telecommunications carriers that meet the Canadian ownership and control requirements would become eligible to hold broadcasting licences.

Other steps to implement this policy included amendment of the Bell Canada Act to allow Bell Canada to hold broadcasting licences. As well, the Direction to the CRTC (Ineligibility of Non-Canadians) was amended to extend to BC Tel and Québec-Téléphone (telephone companies that had already been grandfathered under the Canadian ownership requirements of the Telecommunications Act) eligibility to hold broadcasting distribution licences.

Concerning the time frame for competition between telephone companies and cable companies, the Convergence Policy indicated that, to ensure that competition would be fair and sustainable, neither telephone nor cable companies should have a head start over the other in entering each other's core market. According to the Policy, telephone companies would be able to offer cable services once the rules for competition in local telephone services, including tariffs to enable cable companies and others to launch competitive local telephone services, had been implemented. This was to be done on a market-by-market basis. Moreover, the Policy indicated that, to ensure fair and sustainable competition, regulations should prevent cross-subsidization and other forms of anti-competitive behaviour.

Details on the Direction and its amendment in 1997

Prior to 1997, the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) stipulated that broadcasting licences may not be issued and renewals of broadcasting licences may not be granted to Her Majesty in right of any province; to municipal governments; or to any other agents of Her Majesty in right of a province unless such agent was "an independent corporation," as defined in the Direction. Notwithstanding these prohibitions, the Direction allowed, since 1985, that a municipal government or any person that, in the opinion of the CRTC, was controlled by a municipal government would still be eligible to be issued, or be granted renewal of, a broadcasting licence provided that the CRTC was satisfied that certain conditions set out in the Direction were met. These conditions related to situations where the area to be served was not already served or to be served by a broadcasting distribution undertaking previously authorized by the CRTC.

In 1997, the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) was amended to be consistent with the August 1996 Convergence Policy, by adding a definition of "independent carrier" and specifying that "agent of Her Majesty in right of any province" from then on would no longer include an "independent carrier." This had the effect of removing the previous prohibition that had prevented provincial Crown corporation telecommunications carriers such as Sasktel from holding broadcasting licences.

Canada's municipally owned telecommunications carriers

Canada has six municipally owned telecommunications carriers: Bruce Municipal Telephone System, Cochrane Public Utilities Commission, Dryden Municipal Telephone System, Kenora Municipal Telephone System, The Corporation of the City of Thunder Bay — Telephone Division, all in Ontario, and Prince Rupert City Telephone, in British Columbia. All except the Cochrane Public Utilities Commission belong to the Canadian Alliance of Publicly Owned Telecommunications Systems (CAPTS). None of the six carriers is eligible to hold a broadcasting licence because of the present wording of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences). At the time of the Convergence Policy announcement and the subsequent steps taken to implement it, there was no request from any of these carriers for the Direction to be amended to make them eligible to hold broadcasting licences. Recently, the Government has received such a request from CAPTS. This has given rise to the present proposal on which public comments are now invited.

Amendments currently proposed

The proposed new version of the Direction is appended to this notice, incorporating the following amendments:

— To the definition of "independent carrier," appropriate references to "a municipal government" would be added. In the presentation of this proposal, it is noted that the Convergence Policy specifies that neither telephone nor cable companies should have a head start over the other in entering each other's core market. According to the Policy, telephone companies would be able to offer cable services once the rules for competition in local telephone services, including tariffs to enable cable companies and others to launch competitive local telephone services, have been implemented. This is to be done on a market-by-market basis, with the CRTC's regulations preventing cross-subsidization and other forms of anti-competitive behaviour.

— Other unrelated "housekeeping" amendments being proposed are

— that in the English version of section 2 of the Direction, the "s" would be deleted from "municipal governments," and the final "s" from "administration municipales"; and

— that the language used in section 4 of the Direction would be updated to conform to the terminology of the Broadcasting Act of 1991 by deleting references to "broadcasting transmitting undertaking" and "broadcasting receiving undertaking" and by adding references to "broadcasting distribution undertaking" as indicated in the appended text.

Submitting comments

Interested parties should submit their comments on the proposed amendments outlined above no later than July 25, 2005. Shortly after the close of the comment period, all comments received will be posted on the Canadian Heritage Web site at www.pch.gc.ca/municipallyownedtelcos.

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 to the following email address: gazette_notice_pri-bpi-001-2005@pch.gc.ca.

Any hard copy submissions should be addressed to the Director General, Broadcasting Policy and Innovation Branch, Canadian Heritage, 15 Eddy Street, 3rd Floor, Gatineau, Quebec K1A 0M5.

All submissions should cite the Canada Gazette, Part I, the publication date, the title, and the notice reference number (PRI-BPI-001-2005).

June 15, 2005

RENÉ BOUCHARD
Director General
Broadcasting Policy and Innovation

Direction to the CRTC (Ineligibility to Hold Broadcasting Licences)

ORDER ISSUING A DIRECTION TO THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION RESPECTING INELIGIBILITY TO HOLD BROADCASTING LICENCES

Short Title

1. This Order may be cited as the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences).

Interpretation

2. For the purposes of this Order,

"agent of Her Majesty in right of any province" means any agent of Her Majesty in that right, but does not include municipal governments, an independent corporation or an independent carrier; (mandataire de Sa Majesté du chef d'une province)

"independent carrier" means a corporation that is either a Canadian carrier within the meaning of the Telecommunications Act that is owned by Her Majesty in right of any province or by a municipal government, that was operating on August 6, 1996 and that continues to be operated as a Canadian carrier, or a subsidiary corporation of the Canadian carrier, where

(a) the Commission determines that the corporation is not directly controlled by Her Majesty in right of any province or by a municipal government, and

(b) without limiting the generality of paragraph (a), the corporation enjoys freedom of expression and journalistic, creative and programming independence in the pursuit of its objects and in the exercise of its powers; (entreprise indépendante)

"independent corporation" means a corporation that the Commission is satisfied is not directly controlled by Her Majesty in right of any province or by a municipal government and that is designated by statute or by the lieutenant governor in council of a province for the purpose of broadcasting the following types of programming, namely,

(a) programming designed to be presented in such a context as to provide a continuity of learning opportunity aimed at the acquisition or improvement of knowledge or the enlargement of understanding of members of the audience to whom such programming is directed and under circumstances such that the acquisition or improvement of such knowledge or the enlargement of such understanding is subject to supervision or assessment by a provincial authority by any appropriate means, and

(b) programming providing information on the available courses of instruction or involving the broadcasting of special education events within the educational system,

which programming, taken as a whole, shall be designed to furnish educational opportunities and shall be distinctly different from general broadcasting available on the national broadcasting service or on privately owned broadcasting undertakings; (société indépendante)

"municipal government" means any municipal or public body empowered to perform a function of government in a province; (administration municipale)

"provincial authority" means such person, body or authority as may be designated by the lieutenant governor in council of a province as the provincial authority for that province for the purposes of this direction. (autorité provinciale)

Direction

3. The Commission is hereby directed that, on and after June 27, 1985, broadcasting licences may not be issued and renewals of broadcasting licences may not be granted to applicants of the following classes:

(a) Her Majesty in right of any province;

(b) agents of Her Majesty in right of any province; and

(c) municipal governments.

4. Where, in respect of an application for a broadcasting distribution undertaking licence, or a renewal thereof, applied for by an applicant of the class described in paragraph 3(c) or by any person that, in the opinion of the Commission, is controlled by a municipal government, the Commission is satisfied that

(a) a substantial portion of the area served or sought to be served under the broadcasting licence is not served or to be served by a broadcasting distribution undertaking, other than an undertaking for which the applicant is the licensee, already authorized by the Commission;

(b) a refusal to issue the broadcasting licence applied for or grant a renewal thereof would be contrary to the public interest; and

(c) the community programming provided by the undertaking will provide a reasonable, balanced opportunity for the expression of differing views on matters of public concern,

the Commission may, notwithstanding section 3, issue a broadcasting distribution undertaking licence, or grant a renewal thereof.

5. Nothing in this Direction shall be construed as limiting the power of the Governor in Council to direct that broadcasting licences may not be issued and amendments or renewals of broadcasting licences may not be granted to applicants of a class other than a class described in section 3 or as limiting the power of the Commission, in carrying out its objects, to refuse to issue a broadcasting licence or to grant an amendment or renewal of a broadcasting licence to an applicant of a class other than a class described in section 3.

Repeal

6. The Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) [SOR/85-627, in effect June 27, 1985, as amended by SOR/97-231, in effect April 22, 1997] is repealed.

Coming into Force

7. This direction comes into force on ________________ .

[26-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2005-66-03-03 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 2005-66-03-03 Amending the Non-domestic Substances List.

Ottawa, June 13, 2005

STÉPHANE DION
Minister of the Environment

ORDER 2005-66-03-03 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENTS

1. Part I of the Non-domestic Substances List (see footnote 1) is amended by adding the following in numerical order:

690-39-1 97659-47-7 201490-15-5 220863-07-0
5945-33-5 99636-32-5 202352-21-4 221120-39-4
6304-31-0 100011-37-8 203526-47-0 224566-21-6
12027-61-1 103758-99-2 203526-48-1 227185-61-7
13837-60-0 105839-19-8 205885-79-6 227200-61-5
14729-89-6 106214-84-0 206009-78-1 227472-93-7
16899-10-8 112567-35-8 207996-34-7 229954-99-8
18299-85-9 112955-56-3 207996-35-8 233767-21-0
20654-88-0 114697-07-3 207996-36-9 245331-40-2
22244-16-2 142042-22-6 208471-94-7 247214-29-5
23305-64-8 145611-81-0 208778-33-0 251099-16-8
24704-54-9 148262-93-5 209418-02-0 251298-11-0
25713-60-4 149119-20-0 209418-03-1 257888-56-5
29126-51-0 150702-37-7 209418-04-2 259094-71-8
29989-46-6 171809-19-1 210308-05-7 262445-97-6
34313-20-7 174514-04-6 210432-72-7 262445-99-8
37955-65-0 179005-06-2 210555-94-5 262446-00-4
53188-07-1 181186-29-8 212144-33-7 287115-59-7
60305-10-4 181186-30-1 212144-34-8 287115-61-1
65113-55-5 181186-31-2 212210-35-0 288620-90-6
65427-54-5 181186-32-3 215125-13-6 306973-44-4
66625-70-5 181186-33-4 215258-83-6 306973-46-6
68865-79-2 181186-34-5 215395-62-3 306973-47-7
68953-68-4 181186-35-6 215395-64-5 306973-51-3
70214-77-6 181186-36-7 215661-34-0 306974-19-6
70528-80-2 181186-37-8 215661-38-4 306974-28-7
71095-99-3 181186-38-9 215661-39-5 306974-45-8
75490-39-0 181186-39-0 216101-55-2 306974-63-0
78520-83-9 184489-40-5 216254-01-2 306975-56-4
79313-21-6 187674-70-0 216254-13-6 306975-57-5
80010-37-3 189200-44-0 216254-14-7 306975-62-2
81190-38-7 191233-77-9 216254-21-6 306975-84-8
82001-48-7 191289-03-9 216254-42-1 306975-85-9
85392-03-6 192587-37-4 216254-44-3 306976-25-0
85392-04-7 192888-64-5 216689-75-7 306976-55-6
85392-05-8 192888-68-9 216689-76-8 306977-10-6
85392-06-9 193766-17-5 216690-00-5 306977-58-2
91052-83-4 196823-49-1 218141-11-8 306978-04-1
91069-39-5 196965-94-3 218141-16-3 306978-65-4
91069-40-8 197921-94-1 218141-23-2 306979-40-8
91081-99-1 197980-53-3 219566-55-9 306980-27-8
93858-50-5 198495-74-8 219570-92-0 310431-15-3
93882-22-5 198495-75-9 219955-78-9 310441-65-7
94133-90-1 198495-76-0 220198-21-0  
96204-36-3 198495-77-1 220352-35-2  

2. Part II of the List is amended by deleting the following by numerical order:

10538-8 Oligomers of epichlorohydrin, compound with N-(hydroxyethyl)-N-methyl-C4-C8 perfluoroalkanesulfonamides, reaction products with adipic acid,
  Oligomères de l'épichlorhydrine, composé avec des N-(hydroxyéthyl)-N-méthyl-perfluoroalkane(C4-C8)sulfonamides, produits de réaction avec l'acide adipique
10542-3 N,N-Dimethyl-N-(2-hydroxyethyl)-3[(2-substituted-3-sulfopropyl)
[(tridecafluorohexyl)sulfonyl]amino]
propanaminium hydroxide, sodium salt
  Hydroxyde de N,N-diméthyl-N-(2-hydroxyéthyl)-3-{(3-sulfopropyl 2-substitué)[(tridécafluorohexyl)sulfonyl]amino}
propanaminium, sel de sodium
10543-4 3-[[3-(Dimethylamino)propyl]
[(heptadecafluorooctyl)sulfonyl]amino]2-substituted-1-propanesulfonic acid, sodium salt
  Acide 3-{[3-(diméthylamino)propyl]
[(heptadécafluorooctyl)sulfonyl]amino}propane-1-sulfonique 2-substitué, sel de sodium
13627-1 Calcium alkyl dimethylbenzene sulfonate
  Calcium alkyl diméthylbenzène sulfonate
15979-4 Inorganic ester of oxoheterocycle-polyethylene glycol mono-Me ether-tetrahydrooxoheterocycle reaction product, compds. with alkanolamine
  Ester inorganique d'un oxohétérocycle produit de réaction avec le polyéthylèneglycol éther monométhylique et un tétrahydrooxohétérocycle, composé avec une alkanolamine
16762-4 Inorganic ester of oxoheterocycle-polyethylene glycol mono-Me ether-tetrahydrooxoheterocycle reaction product, compds. with alcanolamine
  Ester inorganique du produit de réaction d'un oxohétérocycle-polyéthylèneglycol monométhyl éther-tétrahydrooxohétérocycle, composé avec une alcanolamine

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

[26-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 13537

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Ministers of the Environment and of Health have assessed information in respect of the substance Formamide, N-ethenyl-, Chemical Abstracts Service No. 13162-05-5;

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;

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

A significant new activity involving the substance is any new activity other than distributing it, importing it or manufacturing it for use exclusively as a monomer in the synthesis of polymers (chemically bound in a solid matrix from which it is not released).

A person that proposes a significant new activity set out in this notice for this substance shall provide the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, with the following information:

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

(2) All information prescribed by Schedule I of the New Substances Notification Regulations; and

(3) Subitems 3(1) to 3(4) prescribed by Schedule II of these Regulations.

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

STÉPHANE DION
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, 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 Domestic Substances List 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 from Environment Canada of the substance to which it relates nor an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

[26-1-o]

DEPARTMENT OF FINANCE

DEPARTMENT OF INTERNATIONAL TRADE

CUSTOMS TARIFF

Proposed amendments to the NAFTA rules of origin — Domestic consultations

Invitation to submit new requests for amendments to the NAFTA rules of origin and to identify additional measures to facilitate NAFTA trade

The purpose of this notice is to seek views from interested parties regarding proposed amendments, and to invite new requests, for the liberalization of the rules of origin under the North American Free Trade Agreement (NAFTA) and to identify additional measures to facilitate NAFTA trade.

The proposed changes to the NAFTA rules of origin, set out in the Schedule below, would liberalize or simplify the rules of origin applicable to cocoa preparations, cranberry juice, ores, slag and ash, leather, cork, certain textile products, feathers, glass and glassware, copper and other metals, televisions, certain information technology products and controls.

The proposals were developed to respond to requests from producers seeking more liberal NAFTA rules of origin or to align the NAFTA rules of origin with more liberal rules of origin under other free trade agreements that each country has negotiated subsequent to the NAFTA. The NAFTA Parties tentatively agreed to implement the changes on January 1, 2006.

Work continues on proposals to liberalize additional NAFTA rules of origin. Also, the three NAFTA governments are prepared to consider additional ways to lower the costs of trade in goods in NAFTA markets.

Background

The NAFTA rules of origin are used to determine which goods are eligible for NAFTA tariff preferences. Goods containing non-originating materials can be considered North American if the non-originating materials are sufficiently transformed in the NAFTA region so as to undergo the changes in tariff classification that are specified in Annex 401 of the Agreement, which is posted at www.dfait-maeci.gc.ca/nafta-alena/ann-401-en.asp. In addition, some goods must include a specified percentage of North American content to qualify for preferential tariff treatment.

A government notice inviting industry comments on liberalizing the NAFTA rules of origin and harmonizing MFN tariffs was published in Part I of the Canada Gazette on December 20, 2003. On August 7, 2004, a second notice was published to consult on a first package of proposed amendments and to invite further requests.

Based on industry submissions received in response to these notices, the proposed changes were developed jointly in consultation with industry representatives in the three countries by the Governments of Canada, Mexico and the United States. The governments will review any further public comments resulting from these domestic consultations to determine whether the proposals will be implemented as amendments to the rules of origin in the NAFTA.

On March 23, 2005, the United States, Mexico and Canada established the Security and Prosperity Partnership of North America (SPP), a trilateral effort to increase the security, prosperity and quality of life of citizens of the three countries. Included in SPP's agenda was an initiative to "increase competitiveness by exploring additional supply chain options, such as rationalizing minor differences in external tariffs, consistent with multilateral negotiations strategies." With changing production and sourcing patterns, views are sought on how to reduce trade-related transaction costs in order to enhance trilateral trade.

Invitation to comment

In developing comments on the current proposals as well as making submissions for new requests to liberalize the NAFTA rules of origin or additional ways to lower the costs of NAFTA trade, interested parties should focus on the impact that the proposed rules or new requests would have on the products of interest to them. These comments should be received no later than August 31, 2005, and should be addressed to Sylvie Larose, International Trade Policy Division, Department of Finance, L'Esplanade Laurier, East Tower, 14th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, (613) 996-5887 (telephone), (613) 995-3843 (fax), Tariff-Tarif@fin.gc.ca (email).

SCHEDULE

Tentatively Agreed Proposals to Amend Annex 401 of the NAFTA

Cocoa preparations — Under the proposal, unfilled chocolate bars will be subject to the same requirement applicable to filled chocolate bars and will be considered originating if made in the NAFTA territory from non-originating cocoa powder or bulk forms of chocolate.

1806.31-1806.90 A change to subheading 1806.31 through 1806.90 from any other subheading, including another subheading within that group.

Cranberry juice — This proposal simplifies the administration of the rules applicable to mixtures of cranberry juice by replacing the limit set by volume with a regional value content requirement. It also increases the amount of certain non-originating juices that can be used in the mixtures without losing their originating status.

2009.90 A change to subheading 2009.90 from any other chapter; or
  A change to cranberry juice mixtures of subheading 2009.90 from any other subheading within Chapter 20, except from subheading 2009.11 through 2009.39 or cranberry juice of subheading 2009.80, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than
(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used; or
  A change to any other good of subheading 2009.90 from any other subheading within Chapter 20, whether or not there is also a change from any other chapter, provided that a single juice ingredient, or juice ingredients from a single non-Party, constitute in single strength form no more than 60 percent by volume of the good.
2202.90 A change to cranberry juice mixtures of subheading 2202.90 from any other subheading, except from subheading 2009.11 through 2009.39 or cranberry juice of subheading 2009.80, whether or not there is also a change from any other chapter, provided there is a regional value content of not less than
(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used; or
  A change to any other good of subheading 2202.90 from any other chapter.

Ores, slag and ash — This proposal is a technical rectification and has no impact.

26.01-26.21 A change to heading 26.01 through 26.21 from any other heading, including another heading within that group.

Leather — This proposal generally simplifies the rules applicable to leather by removing unnecessary exceptions and allows the processing of reptile leather from a wet to a dry state to confer origin.

41.04 A change to heading 41.04 from any other heading, except from heading 41.07.
4105.10 A change to subheading 4105.10 from heading 41.02 or any other chapter.
4105.30 A change to subheading 4105.30 from heading 41.02, subheading 4105.10 or any other chapter.
4106.21 A change to subheading 4106.21 from subheading 4103.10 or any other chapter.
4106.22 A change to subheading 4106.22 from subheading 4103.10 or 4106.21 or any other chapter.
4106.31 A change to subheading 4106.31 from subheading 4103.30 or any other chapter.
4106.32 A change to subheading 4106.32 from subheading 4103.30 or 4106.31 or any other chapter.
4106.40 A change to tanned hides and skins in the wet state (including wet-blue) of subheading 4106.40 from subheading 4103.20 or any other chapter; or
  A change to crust hides and skins of subheading 4106.40 from subheading 4103.20 or tanned hides and skins in the wet state (including wet-blue) of subheading 4106.40 or any other chapter.
4106.91 A change to subheading 4106.91 from subheading 4103.90 or any other chapter.
4106.92 A change to subheading 4106.92 from subheading 4103.90 or 4106.91 or any other chapter.
41.07 A change to heading 41.07 from heading 41.01 or any other chapter.
41.12 A change to heading 41.12 from heading 41.02, subheading 4105.10 or any other chapter.
41.13 A change to heading 41.13 from heading 41.03, subheading 4106.21 or 4106.31, tanned hides and skins in the wet state (including wet-blue) of subheading 4106.40, subheading 4106.91 or any other chapter.
4115.10-4115.20 A change to subheading 4115.10 through 4115.20 from heading 41.01 through 41.03 or any other chapter.

Cork and articles of cork — Under this proposal, the preparation of industrial cork products in the NAFTA territory from non-originating raw, natural cork will confer origin.

45.01-45.04 A change to heading 45.01 through 45.04 from any other heading, including another heading within that group.

Filament yarns of viscose rayon, tri-lobal rayon staple fibre and untextured yarns of nylon — These proposals will allow the use of non-originating viscose rayon, tri-lobal rayon staple fibre or untextured yarns of nylon in the production of certain originating textile products.

54.08 A change to heading 54.08 from filament yarns of viscose rayon of heading 54.03 or any other chapter, except from heading 51.06 through 51.10, 52.05 through 52.06 or 55.09 through 55.10.
56.01 A change to sanitary towels or tampons of subheading 5601.10 from tri-lobal rayon staple fibre (38 mm, 3.3 decitex) of subheading 5504.10 or any other chapter, except from heading 51.06 through 51.13, 52.04 through 52.12, 53.07 through 53.08 or 53.10 through 53.11 or Chapter 54 through 55; or
  A change to any other good of heading 56.01 from any other chapter, except from heading 51.06 through 51.13, 52.04 through 52.12, 53.07 through 53.08 or 53.10 through 53.11 or Chapter 54 through 55.
56.06 A change to heading 56.06 from flat yarns (see footnote 2) of subheading 5402.41 or any other chapter, except from heading 51.06 through 51.13, 52.04 through 52.12, 53.07 through 53.08 or 53.10 through 53.11, or Chapter 54 through 55.

Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair — This proposal is a technical rectification and has no impact.

67.01 A change to heading 67.01 from any other heading; or
  A change to a good of feather or down of heading 67.01 from within that heading or any other heading.
67.02-67.04 A change to heading 67.02 through 67.04 from any other heading, including another heading within that group.

Glass and glassware — Under this proposal, glass balls and tubes made in the NAFTA territory from non-originating scrap glass will meet the rules of origin.

70.01 A change to heading 70.01 from any other heading.
7002.10 A change to subheading 7002.10 from any other heading.
7002.31 A change to subheading 7002.31 from any other heading.

Copper — Under this proposal, the refining of copper will confer origin.

74.01-74.03 A change to heading 74.01 through 74.03 from any other heading, including another heading within that group, except from heading 74.04; or
  A change to heading 74.01 through 74.03 from heading 74.04, whether or not there is also a change from any other heading, including another heading within that group, provided there is a regional value content of not less than
(a) 60 percent where the transaction value method is used, or
(b) 50 percent where the net cost method is used.

Base metals and articles of base metals (nickel, lead, zinc tin, other) — Under these proposals, the reduction by at least 50 percent of bars into wire will confer origin. The regional value content requirement is eliminated in some cases.

75.01-75.04 A change to heading 75.01 through 75.04 from any other heading, including another heading within that group.
7505.21-7505.22 A change to subheading 7505.21 through 7505.22 from any other heading; or
  A change to subheading 7505.21 through 7505.22 from subheading 7505.11 through 7505.12, whether or not there is also a change from any other heading, provided that, if bar or rod is used, the cross-sectional area of the bar or rod is reduced by at least 50 percent.
7507.11-7508.90 A change to subheading 7507.11 through 7508.90 from any other subheading, including another subheading within that group.
78.03 A change to heading 78.03 from any other heading; or
  A change to wire of heading 78.03 from within that heading, whether or not there is also a change from any other heading, provided that, if bar or rod is used, the cross-sectional area of the bar or rod is reduced by at least 50 percent.
7804.11-7804.20 A change to subheading 7804.11 through 7804.20 from any other subheading, including another subheading within that group; or
  A change to foil of a thickness not exceeding 0.15 mm (excluding backing) of subheading 7804.11 from within that subheading, whether or not there is also a change from any other subheading.
78.05-78.06 A change to heading 78.05 through 78.06 from any other heading, including another heading within that group.
7903.90 A change to subheading 7903.90 from any other heading.
79.04 A change to heading 79.04 from any other heading; or
  A change to wire of heading 79.04 from within that heading, whether or not there is also a change from any other heading, provided that, if bar or rod is used, the cross-sectional area of the bar or rod is reduced by at least 50 percent.
79.05 A change to heading 79.05 from any other heading; or
  A change to foil of a thickness not exceeding 0.15 mm (excluding backing) of heading 79.05 from within that heading, whether or not there is also a change from any other heading.
79.06-79.07 A change to heading 79.06 through 79.07 from any other heading, including another heading within that group.
80.03 A change to heading 80.03 from any other heading; or
  A change to wire of heading 80.03 from within that heading, whether or not there is also a change from any other heading, provided that, if bar or rod is used, the cross-sectional area of the bar or rod is reduced by at least 50 percent.
80.04-80.07 A change to heading 80.04 through 80.07 from any other heading, including another heading within that group.
8101.10-8113.00
                          
A change to subheading 8101.10 through 8113.00 from any other subheading, including another subheading within that group.

Televisions — Under these proposals, restrictions on the use of non-originating printed circuit assemblies are removed with respect to colour television receivers, monitors and projectors with flat panel screens or black and white projectors or monitors.

8528.12 A change to subheading 8528.12 from tariff item 8528.12.gg or any other heading.
8528.13 A change to subheading 8528.13 from any other heading.
8528.21 A change to subheading 8528.21 from tariff item 8528.21.gg or any other heading.
8528.22 A change to subheading 8528.22 from any other heading.
8528.30 A change to subheading 8528.30 from tariff item 8528.30.gg or any other heading.

Information Technology Agreement (ITA) goods — Under these proposals, less onerous tariff change rules will apply to certain information technology products allowing the use of non-originating parts. In some cases the regional value content requirement will be eliminated.

8477.10 A change to a good of subheading 8477.10 from within that subheading or any other subheading.
8477.90 A change to a good of subheading 8477.90 from within that subheading or any other subheading.
8504.40-8504.50 A change to a good of any of subheading 8504.40 through 8504.50 from within that subheading or any other subheading, including another subheading within that group.
8533.10-8533.40 A change to a good of any of subheading 8533.10 through 8533.40 from within that subheading or any other subheading, including another subheading within that group.
8543.11 A change to a good of subheading 8543.11 from within that subheading or any other subheading.
8543.30 A change to a good of subheading 8543.30 from within that subheading or any other subheading.
8543.81-8543.89 A change to a good of any of subheading 8543.81 through 8543.89 from within that subheading or any other subheading, including another subheading within that group.
9009.11 A change to a good of subheading 9009.11 from within that subheading or any other subheading.
9009.91-9009.99 A change to a good of any of subheading 9009.91 through 9009.99 from within that subheading or any other subheading, including another subheading within that group.

Controls — Under this proposal, controls will be subject to a lower regional value content requirement level.

9032.20-9032.89 (see footnote 3) A change to subheading 9032.20 through 9032.89 from any other subheading, including another subheading within that group, provided there is a regional value content of not less than
(a) 45 percent where the transaction value method is used, or
(b) 35 percent where the net cost method is used.

[26-1-o]

NOTICE OF VACANCIES

ASSISTED HUMAN REPRODUCTION AGENCY OF CANADA

President (full-time position), Chairperson (part-time position) and Members of the Board of Directors (up to 11 part-time positions)

The Assisted Human Reproduction Agency of Canada will be established under the Assisted Human Reproduction Act (the Act) that was enacted by Parliament on March 29, 2004. The Agency will be a federal regulatory body to oversee assisted human reproduction (AHR) and related research in Canada. It will be established as a departmental corporation (Schedule II under the Financial Administration Act) and will report to Parliament through the Minister of Health. The objectives of the Agency will be to protect and promote the health and safety, and the human dignity and human rights, of Canadians in relation to AHR. The Agency will perform several essential functions including licensing, inspecting and enforcing controlled activities under the Act, as well as collecting and analyzing health reporting information. The Board will also be responsible for the overall management of the Agency.

The Agency will be headed by a board of directors of up to 13 members, including a part-time Chairperson and a full-time President, and will be located in Vancouver, British Columbia. The Board will have the responsibility for providing advice to the Minister of Health on matters related to AHR and the Agency.

In order to fulfill its mission and provide strong corporate governance, the Government of Canada is seeking to recruit qualified individuals to the Board of Directors.

President (full-time position)

Location: Vancouver, British Columbia

The President is the chief executive officer and will have the responsibility for day-to-day leadership and management of the Agency. The President will oversee the start-up and operations of the Agency to fulfill its mission, mandate and objectives; lead staff; and work with external stakeholders.

The ideal candidate must have a postgraduate degree from a recognized university in a field related to health sciences, ethics, law, social services or public administration. A proven track record in managing at the senior executive level and experience working in a public or private sector organization in the health sciences are required. The preferred candidate must have decision-making experience with respect to sensitive issues and stature and credibility in a field relevant to AHR. Experience in setting up a new organization or leading organizational change, and in being a spokesperson, is required.

The successful candidate must be prepared to relocate to Vancouver or to a location within reasonable commuting distance and must be willing to travel regularly within Canada and overseas. Proficiency in both official languages is an asset.

Chairperson (part-time position)

The Chairperson will preside over meetings of the Board of Directors, play a leading role in the overall management and oversight of the Agency and may carry out further responsibilities assigned by the AHR Agency's by-laws.

The successful candidate must have a degree from a recognized university in a field related to health sciences, ethics, law, social services or public administration. The qualified candidate must have the necessary skills to provide corporate governance and work effectively with the Agency's management, the Minister of Health, Parliamentarians and others. The preferred candidate must have stature and credibility in a field relevant to AHR and experience working in a public or private sector organization in the health sciences. Significant experience as a chairperson or member of a board of directors in a public or private sector organization and the ability to lead a diverse board with varying interests and personal values (facilitation and consensus management) are also required.

The successful candidate must be prepared to travel occasionally within Canada and overseas. Proficiency in both official languages is an asset.

Members of the Board of Directors (up to 11 part-time positions)

The Members will bring expert advice and insight regarding AHR while the Board of Directors carries out its oversight responsibilities.

The qualified candidates must have a degree from a recognized university in a field related to health sciences, ethics, law, social services or public administration, or a combination of equivalent education, job-related training and/or experience. Previous experience on a board of directors would be an asset. Interested candidates must have experience at the executive level, as well as experience working in one of the following areas: health sciences; health law; social ethics; or a relevant field in the social sciences (such as women's and children's health). A strong capacity to reconcile conflicting points of view and develop innovative and achievable solutions and sensitivity to varying interests and the personal values of other members while ensuring that the Board makes logical, defendable and consensual decisions are essential.

Proficiency in both official languages is an asset.

The selected candidates to all positions will be subject to the Conflict of Interest and Post-Employment Code for Public Office Holders. Public office holders appointed on a part-time basis are only subject to the principles set out in Part I of the Code. Before or upon assuming official duties and responsibilities, public office holders appointed on a full-time basis must sign a document certifying that, as a condition of holding office, they will observe the Code. They must also submit to the Office of the Ethics Commissioner, within 60 days of appointment, a Confidential Report in which they disclose all of their assets, liabilities and outside activities. To obtain copies of the Code and of the Confidential Report, visit the Office of the Ethics Commissioner's Web site at www.parl.gc.ca/oec-bce/site/pages/ethics-e.htm.

A person is not eligible to be a Member of the Board of Directors if they hold a licence issued under the Act in respect of a controlled activity or premises or is an applicant for such a licence, or is a director, officer, shareholder or partner of such licensee or applicant for such a licence.

The Government is committed to ensuring that its appointments are representative of Canada's regions and official languages, as well as of women, Aboriginal peoples, disabled persons and visible minorities.

This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for these positions. It is not, however, intended to be the sole means of recruitment. Applications forwarded through the Internet will not be considered for reasons of confidentiality.

Interested candidates should forward their curriculum vitae by July 22, 2005, in strict confidence, to the Assisted Human Reproduction Implementation Office (AHRIO), Health Canada, 2nd Floor, Suite 350, PL 7002A, 200 Promenade du Portage, Gatineau, Quebec K1A 0K9, (819) 934-4541 (fax). Candidates' curriculum vitae must be accompanied by a one- to three-page typed document outlining why they should be considered for the position, and what special expertise, background or experience related to AHR they would bring to the benefit of the Board and the Agency, especially in its start-up years.

Copies of the selection criteria and accountability profiles for these positions can be obtained on the Health Canada Web site at www.healthcanada.gc.ca/ahrac or by contacting the AHRIO at 1-866-834-9260.

Bilingual notices of vacancies will be produced in an alternative format (audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Canada K1A 0S5, (613) 941-5995 or 1-800-635-7943.

[26-1-o]

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

Exemption orders

Notice is hereby given, pursuant to subsection 522.26(5) of the Bank Act, that the Minister of Finance determined that, pursuant to subsection 509(1) of the Bank Act, Part XII of the Act, other than sections 507, 508, and 509, subsection 522.25(3), sections 522.26 and 522.28, subsection 522.29(2) and section 522.3, does not apply to the following foreign banks:

Foreign Bank Effective Date (m/d/y)
(1) H&R; Block Inc.
(2) Affiliated Managers Group, Inc.
(3) Placid NK Corporation
05/05/05
06/03/05
06/09/05

June 14, 2005

NICHOLAS LE PAN
Superintendent of Financial Institutions

[26-1-o]

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

General Bank of Canada — Letters patent of incorporation and order to commence and carry on business

Notice is hereby given of the issuance,

  • pursuant to section 22 of the Bank Act, of letters patent incorporating General Bank of Canada, effective April 12, 2005; and
  • pursuant to subsection 49(1) of the Bank Act, of an order to commence and carry on business authorizing this bank to commence and carry on business effective June 7, 2005.

June 14, 2005

NICHOLAS LE PAN
Superintendent of Financial Institutions

[26-1-o]

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Hamilton Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS Letters Patent were issued by the Minister of Transport for the Hamilton Port Authority (the "Authority") under the authority of the Canada Marine Act, effective May 1, 2001;

AND WHEREAS Schedule C of the Letters Patent describes the real property, other than federal real property, held or occupied by the Authority;

AND WHEREAS the board of directors of the Authority has requested the Minister of Transport to issue Supplementary Letters Patent to add to Schedule C of the Letters Patent the real property described below;

NOW THEREFORE under the authority of section 9 of the Canada Marine Act, the Letters Patent are amended by adding to Schedule C of the Letters Patent the real property described as follows:

Fifteenthly: PIN 17576-0061 ( R ) and 17576-0062 ( R )

FIRSTLY: Part of Lot 36 or 40, Plan 32 (also known as Part of Water Lot and Unnumbered Parcel in front of Registered Plan 32 and Lot 10, Broken Front Concession Geographic Township of Barton) City of Hamilton, designated as Part 1 on deposited Reference Plan No. 62R-17015, being the whole of PIN 17576-0061 ( R )

SECONDLY: Part of Lot 10, Broken Front Concession, Geographic Township of Barton (also known as Part of Water Lot and Unnumbered Parcel in front of Registered Plan 32 and Lot 10, Geographic Township of Barton) City of Hamilton, designated as Part 2 on deposited Reference Plan 62R-17015, being the whole of PIN 17576-0062 ( R ).

Issued under my hand to be effective this 10th day of June, 2005.

_____________________________________
The Honourable Jean-C. Lapierre, P.C., M.P.
Minister of Transport

[26-1-o]

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Trois-Rivières Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS Letters Patent were issued by the Minister of Transport for the Trois-Rivières Port Authority (the "Authority"), under the authority of the Canada Marine Act, effective May 1, 1999;

WHEREAS the Authority wishes to acquire the real property described in the Schedule hereto;

WHEREAS the purchase of the real property is necessary because the transaction is strategic for Port activities insofar as it will further the achievement of objectives in Trois-Rivières Port Authority's land use plan;

WHEREAS Schedule C of the Letters Patent describes the property, other than federal real property, held or occupied by the Authority;

WHEREAS the board of directors of the Authority has requested the Minister of Transport to issue Supplementary Letters Patent to add to Schedule C of the Letters Patent the real property described in the Schedule hereto;

NOW THEREFORE, under the authority of section 9 of the Canada Marine Act and in accordance with paragraph 7.2(b) of the Letters Patent, the Letters Patent of the Authority are amended by adding to Schedule C of the Letters Patent the real property described in the Schedule hereto.

These Supplementary Letters Patent are to be effective on the date of registration in the Land Registry of the registration division of Trois-Rivières of the deed of sale evidencing the transfer of the real property described in the Schedule from Jean-Louis René to the Authority.

ISSUED under my hand this 15th day of June, 2005.

_____________________________________
The Honourable Jean-C. Lapierre, P.C., M.P.
Minister of Transport

SCHEDULE

Description of the real property, other than federal real property, acquired as real property and managed by the Trois-Rivières Port Authority and nature of the act of transfer of ownership

Nature of the Act of Transfer of Ownership Name and Capacity
of Parties
Description of Real Property Acquired
Deed of Sale Jean-Louis René,
Seller
Trois-Rivières
Port Authority,
Purchaser
Immovable known and described as being Lot number one million nineteen thousand two hundred two (Lot 1,019,202) and part of Lot number one million eighteen thousand seven hundred twelve (Pt. Lot 1,018,712) in the Cadastre of Quebec, Registration Division of Trois-Rivières.
With buildings thereon erected bearing civic numbers 2031-2035 Notre-Dame Street, in Trois-Rivières.
A certificate of location prepared at Cap-de-la-Madeleine on the twentieth day of August nineteen hundred eighty five (August 20, 1985), under number six thousand one hundred eighty one (# 6181) of the minutes of Jean-Marie Chasteney, Land Surveyor, situates the above property.

[26-1-o]

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Trois-Rivières Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS Letters Patent were issued by the Minister of Transport for the Trois-Rivières Port Authority (the "Authority"), under the authority of the Canada Marine Act, effective May 1, 1999;

WHEREAS the Authority wishes to acquire the real property described in the Schedule hereto;

WHEREAS the purchase of the real property is necessary because the transaction is strategic for Port activities insofar as it will further the achievement of objectives in Trois-Rivières Port Authority's land use plan;

WHEREAS Schedule C of the Letters Patent describes the property, other than federal real property, held or occupied by the Authority;

WHEREAS the board of directors of the Authority has requested the Minister of Transport to issue Supplementary Letters Patent to add to Schedule C of the Letters Patent the real property described in the Schedule hereto;

NOW THEREFORE, under the authority of section 9 of the Canada Marine Act and in accordance with paragraph 7.2(b) of the Letters Patent, the Letters Patent of the Authority are amended by adding to Schedule C of the Letters Patent the real property described in the Schedule hereto.

These Supplementary Letters Patent are to be effective on the date of registration in the Land Registry of the registration division of Trois-Rivières of the deed of sale evidencing the transfer of the real property described in the Schedule from Serge Thellend and Daniel Morin to the Authority.

ISSUED under my hand this 15th day of June, 2005.

_____________________________________
The Honourable Jean-C. Lapierre, P.C., M.P.
Minister of Transport

SCHEDULE

Description of real property, other than federal real property, acquired as real property and managed by the Trois-Rivières Port Authority and nature of the act of transfer of ownership

Nature of the Act of Transfer of Ownership Name and Capacity
of Parties
Description of Real Property Acquired
Deed of Sale Serge Thellend and
Daniel Morin, Sellers
Trois-Rivières Port
Authority, Purchaser
Immovable known and described as being
Lot number one million nineteen thousand two hundred one (Lot 1,019,201) and part of Lot number one million eighteen thousand seven hundred twelve (Pt. Lot 1,018,712) in the Cadastre of Quebec, Registration Division of Trois-Rivières.
With buildings thereon erected bearing civic number 2049 Notre-Dame Street, in Trois-Rivières.
A certificate of location prepared by Roger Gélinas, Land Surveyor, under number twenty thousand nine hundred seventy seven (20977) of his minutes and a plan under number 20976 of his minutes situate the above property.

[26-1-o]

Footnote a

S.C. 1999, c. 33

Footnote 1

Supplement, Canada Gazette, Part I, January 31, 1998

Footnote 2

"Flat yarns" means, for purposes of this rule, 7 denier/5 filament, 10 denier/7 filament or 12 denier/5 filament, all of nylon 66, untextured (flat) semi-dull yarns, multi-filament, untwisted or with a twist not exceeding 50 turns per meter, of subheading 5402.41.

Footnote 3

If the good provided for in subheading 9032.89 is for use in a motor vehicle of Chapter 87, the provisions of Article 403 may apply.

 

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: 2005-08-26