Canada Gazette

Français		Contact us		Help		Search		Canada Site

Home		About us		History		FAQ		Site Map

Notice

Vol. 136, No. 17 — April 27, 2002

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06162 is approved.

1. Permittee: Labrador Fishermen's Union Shrimp Company Ltd., L'Anse-au-Loup, Newfoundland and Labrador.

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations.

3. Term of Permit: Permit is valid from June 29, 2002, to June 28, 2003.

4. Loading Site(s): 51°31.30' N, 56°49.60' W, L'Anse-au-Loup, Newfoundland and Labrador.

5. Disposal Site(s): 51°31.30' N, 56°49.60' W, at an approximate depth of 6 m.

6. Route to Disposal Site: From the main door of the plant to the end of the wharf, approximately 100 m.

7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved disposal site.

8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner that will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 1 000 tonnes.

11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Department of the Environment, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (Facsimile), rick. wadman@ec.gc.ca (Electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit.

12.2. A written report shall be submitted to Mr. Rick Wadman, identified in paragraph 12.1., within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the loading and disposal activities occurred.

12.3. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit.

12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any place other than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site.

12.5. The material shall be covered by a net or other material to prevent access by gulls except during direct loading or disposal of the material.

12.6. This permit must be displayed in an area of the plant accessible to the public.

12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location.

12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee.

12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999.

12.10. The Permittee shall periodically determine the water depth in the area of the disposal site. The depth readings shall be taken every eight weeks, beginning with the start date of this permit, and reported to Mr. Rick Wadman, identified in paragraph 12.1.

K. G. HAMILTON
Environmental Protection
Atlantic Region

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06163 is approved.

1. Permittee: Labrador Fishermen's Union Shrimp Company Ltd., Mary's Harbour, Newfoundland and Labrador.

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations.

3. Term of Permit: Permit is valid from June 29, 2002, to June 28, 2003.

4. Loading Site(s): 52°18.65' N, 55°49.92' W, Mary's Harbour, Newfoundland and Labrador.

5. Disposal Site(s): 52°18.75' N, 55°48.50' W, at an approximate depth of 66 m.

6. Route to Disposal Site(s): Most direct navigational route from the loading site to the disposal site.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 700 tonnes.

11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Department of the Environment, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (Facsimile), rick.wadman@ec.gc.ca (Electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit.

12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any other place than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site.

12.5. The material shall be covered by a net or other material to prevent access by gulls except during direct loading or disposal of the material.

12.6. This permit must be displayed in an area of the plant accessible to the public.

12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location.

12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee.

K. G. HAMILTON
Environmental Protection
Atlantic Region

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06164 is approved.

1. Permittee: Labrador Fishermen's Union Shrimp Company Ltd., Cartwright, Newfoundland and Labrador.

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations.

3. Term of Permit: Permit is valid from June 29, 2002, to June 28, 2003.

4. Loading Site(s): 53°42.21' N, 57°01.33' W, Cartwright, Newfoundland and Labrador.

5. Disposal Site(s): 53°41.95' N, 57°02.15' W, at an approximate depth of 20 m.

6. Route to Disposal Site(s): Most direct navigational route from the loading site to the disposal site.

8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 700 tonnes.

11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Department of the Environment, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (Facsimile), rick.wadman@ec.gc.ca (Electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit.

12.5. The material shall be covered by a net or other material to prevent access by gulls except during direct loading or disposal of the material.

12.6. This permit must be displayed in an area of the plant accessible to the public.

12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location.

12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee.

K. G. HAMILTON
Environmental Protection
Atlantic Region

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06165 is approved.

1. Permittee: Labrador Fishermen's Union Shrimp Company Ltd., Pinsent Arm, Newfoundland and Labrador.

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations.

3. Term of Permit: Permit is valid from June 29, 2002, to June 28, 2003.

4. Loading Site(s): 52°41.25' N, 55°53.33' W, Pinsent Arm, Newfoundland and Labrador.

5. Disposal Site(s): 52°41.80' N, 55°52.15' W, at an approximate depth of 30 m.

6. Route to Disposal Site(s): Most direct navigational route from the loading site to the disposal site.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 175 tonnes.

11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report, in writing, to Mr. Rick Wadman, Environmental Protection Branch, Department of the Environment, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, (709) 772-5097 (Facsimile), rick.wadman@ec.gc.ca (Electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit.

12.5. The material shall be covered by a net or other material to prevent access by gulls except during direct loading or disposal of the material.

12.6. This permit must be displayed in an area of the plant accessible to the public.

12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location.

12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee.

12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for longer than 96 hours without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999.

K. G. HAMILTON
Environmental Protection
Atlantic Region

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06172 is approved.

1. Permittee: Department of Fisheries and Oceans, Small Craft Harbours Branch, Charlottetown, Prince Edward Island.

2. Type of Permit: To load and dispose of dredged material.

3. Term of Permit: Permit is valid from May 27, 2002, to May 26, 2003.

4. Loading Site(s):

(a) Howards Cove: 46°44.299' N, 64°22.804' W (NAD83). Entrance channel, as described on the map on Appendix A of the permit application, March 2002;

(b) Fishing Cove: 46°24.899' N, 64°08.203' W (NAD83). Entrance channel, as described on the map in Appendix A of the permit application, March 2002;

(c) West Point: 46°37.096' N, 64°22.290' W (NAD83). Entrance channel, as described on the map in Appendix A of the permit application, March 2002; and

(d) Graham Pond: 46°05.578' N, 62°27.130' W (NAD83). Entrance channel, as described on the map in Appendix A of the permit application, March 2002.

5. Disposal Site(s):

(a) Howards Cove: 46°44.239' N, 64°22.684' W (NAD83). Entrance channel, as described on the map in Appendix A of the permit application, March 2002;

(b) Fishing Cove: 46°23.999' N, 64°07.953' W (NAD83). Entrance channel, as described on the map in Appendix A of the permit application, March 2002;

(c) West Point: 46°37.276' N, 63°22.139' W (NAD83). Entrance channel, as described on the map in Appendix A of the permit application, March 2002; and

(d) Graham Pond: 46°05.678' N, 62°27.150' W (NAD83). Entrance channel, as described on the map in Appendix A of the permit application, March 2002.

6. Route to Disposal Site(s): Refer to the figures in Appendix A for each specific site found in the permit application, March 2002.

7. Equipment: Suction dredge and pipeline.

8. Method of Disposal: Via pipeline.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 32 000 m³ place measure.

11. Waste and Other Matter to Be Disposed of: Dredged material consisting of at least 80 percent sand.

12. Requirements and Restrictions:

12.1. It is required that the Permittee provide an Activation Notice to the Department of the Environment at least three weeks prior to the commencement of the work at each site indicating the dates when the dredging activity will be carried out. The Permittee will also post a notice of this work in a public area to advise local residents. The Environmental Protection Plan will also be submitted to the Department of the Environment for review before the dredging can commence. Once the project has been approved, it is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Clark Wiseman, Environmental Protection Branch, Department of the Environment, 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), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall include the equipment to be used, contractor, contact for the contractor, and expected period of dredging.

12.2. A written report shall be submitted to Mr. Clark Wiseman, identified in paragraph 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity of material disposed of and the dates on which the loading and disposal activities occurred for each site.

12.3. 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 $7,520 shall be submitted to Mr. Victor Li, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 490-0705 (Facsimile), prior to November 27, 2002.

12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each disposal site shall be submitted to Mr. Victor Li, identified in paragraph 12.3. The procedures shall be approved by the Department of the Environment prior to the commencement of the first dredging operation to be conducted under this permit.

12.5. 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.

12.6. The Permittee shall notify in writing Mr. Leaming Murphy, Area Habitat Coordinator, Department of Fisheries and Oceans, P.O. Box 1236, Charlottetown, Prince Edward Island C1A 7M8, (902) 566-7848 (Facsimile), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site.

12.7. The Permittee shall implement the mitigative measures identified in the Environmental Protection Plan. Modifications to the mitigative measures shall be made only with the written approval of the Environmental Protection Branch, Department of the Environment.

12.8. A copy of this permit and documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are underway.

12.9. 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. Within 24 hours of authorizing another person to conduct the dredging and disposal authorized by this permit, the Permittee shall submit by facsimile to Mr. Clark Wiseman, identified in paragraph 12.1., a copy of the written approval.

K. G. HAMILTON
Environmental Protection
Atlantic Region

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06173 is approved.

1. Permittee: Department of Public Works and Government Services, New Brunswick.

2. Type of Permit: To load and dispose of dredged material.

3. Term of Permit: Permit is valid from May 27, 2002, to May 26, 2003.

4. Loading Site(s):

(a) Loggiecroft: 46°50.56' N, 64°55.11' W (NAD83) to 46°49.94' N, 64°53.90' W (NAD83). Entrance channel, as described on the map dated March 2002 in support of the Ocean Disposal Application, March 27, 2002;

(b) Blacklands Gully: 46°46.28' N, 64°52.17' W (NAD83) to 46°46.29' N, 64°51.05' W (NAD83). Entrance channel, as described on the map dated March 2002 in support of the Ocean Disposal Application, March 2002;

(c) Cap-des-Caissie: 46°18.76' N, 64°30.78' W (NAD83). Entrance channel, as described on the map in support of the Ocean Disposal Application, March 2002;

(d) Saint-Édouard-de-Kent: 46°32.44' N, 64°41.82' W (NAD83). Entrance channel, as described on the map in support of the Ocean Disposal Application, March 2002; and

(e) Bar-de-Cocagne: 46°22.45' N, 64°36.62' W (NAD83) to 46°24.51' N, 64°36.39' W (NAD83). Entrance channel, as described on the map in support of the Ocean Disposal Application, March 2002.

5. Disposal Site(s):

(a) Loggiecroft: 46°50.44' N, 64°54.92' W (NAD83) to 46°49.84' N, 64°53.95' W (NAD83). Disposal site, as described on the map dated March 2002 in support of the Ocean Disposal Application, March 2002;

(b) Blacklands Gully: Primary site — 46°46.07' N, 64°51.17' W (NAD83). Secondary site — 46°46.43' N, 64°51.65' W (NAD83). Disposal sites, as described on the map dated March 2002 in support of the Ocean Disposal Application, March 2002;

(c) Cap-des-Caissie: 46°18.65' N, 64°30.66' W (NAD83). Disposal site, as described on the map in support of the Ocean Disposal Application, March 2002;

(d) Saint-Édouard-de-Kent: 46°32.38' N, 64°41.55' W (NAD83). Disposal site, as described on the map in support of the Ocean Disposal Application, March 2002; and

(e) Bar-de-Cocagne: 46°24.45' N, 64°36.62' W (NAD83) to 46°24.51' N, 64°36.39' W (NAD83). Disposal site, as described on the map in support of the Ocean Disposal Application, March 2002.

6. Route to Disposal Site(s): Refer to the figures in drawings for each specific site found in the Ocean Disposal Application, March 2002.

7. Equipment: Suction dredge and pipeline.

8. Method of Disposal: Via pipeline.

9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 34 000 m³ place measure.

11. Waste and Other Matter to Be Disposed of: Dredged material consisting of at least 80 percent sand.

12. Requirements and Restrictions:

12.2. A written report shall be submitted to Mr. Clark Wiseman, identified in paragraph 12.1., within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity of material disposed at each disposal site and the dates on which the loading and disposal activities occurred for each site.

12.3. 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 $7,990 shall be submitted to Mr. Victor Li, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 490-0705 (Facsimile), prior to November 27, 2002.

12.6. The Permittee shall notify in writing Mr. Marc Godin, Area Habitat Coordinator, Department of Fisheries and Oceans, P.O. Box 3420, Station Main, Tracadie-Sheila, New Brunswick E1X 1G5, (506) 395-7713 (Telephone), (506) 395-3809 (Facsimile), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site.

12.8. A copy of this permit, documents and drawings referenced in this permit shall be available on site at all times when dredging operations are underway.

K. G. HAMILTON
Environmental Protection
Atlantic Region

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENT PROTECTION ACT, 1999

Notice with Respect to Certain Salts of Aluminum

Notice is hereby given, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999, that the Minister of the Environment requires, for the purpose of assessing whether the substances listed in Schedule 1 to this notice are toxic or are capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control the listed substances, any person described in Schedule 2 to this notice who possesses or who may reasonably be expected to have access to the information described in Schedule 3 to this notice, to provide that information no later than June 21, 2002.

Responses to this notice shall be submitted to the Minister of the Environment, to the attention of E. D. (Tedd) Brien, Use Patterns and Controls Implementation Section, Environment Canada, 351 Saint-Joseph Boulevard, 12th Floor, Hull, Quebec K1A 0H3. Inquiries concerning the notice may be directed to E. D. (Tedd) Brien at the above address, at (819) 953-1685 (Telephone) or at 1-888-391-3695/(819) 953-3132 (Facsimile).

Pursuant to section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit, with the information, a written request that it be treated as confidential.

Pursuant to subsection 71(4) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment may, on request in writing from any person to whom this notice applies, extend the time or times within which the person shall comply with this notice.

JOHN ARSENEAU
Director General
Toxics Pollution Prevention
Directorate
On behalf of the Minister of the Environment

SCHEDULE 1

Substances

CERTAIN SALTS OF ALUMINUM

Name	Formula	CAS RN¹
Aluminum chloride	AlCl₃	7446-70-0
Aluminum nitrate	Al(NO₃)₃	13473-90-0
Aluminum sulphate	Al₂(SO₄)₃	10043-01-3
Hexahydrated aluminum chloride	AlCl₃·6H₂O	7784-13-6
Nonahydrate aluminum nitrate	Al(NO₃)₃·9H2O	7784-27-2
Hydrated aluminum sulphate	Al₂(SO₄)₃·xH₂O	n/a²
Aluminum chloride hydroxide sulfate	n/a²	39290-78-3
Poly-aluminum chloride (PAC)	Al_a(OH)_bCl_c where b/a usually varies around 2.5	n/a²
Poly-aluminum sulphate (PAS)	Al_a(OH)_b(SO₄)_c; where b+2c = 3a	n/a²

¹ CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service (CAS) information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

²n/a means not available.

SCHEDULE 2

Persons Required to Provide Information

This notice applies to any person who, during the 1997, 1998, 1999, 2000 or 2001 calendar year manufactured, imported or exported more than 500 000 kilograms of a substance listed in Schedule 1, whether alone or in a mixture.

SCHEDULE 3

Information Required

1. The definitions in this section apply in this notice.

"domestic consumption" means the combined total of the quantity of the substance manufactured and the quantity of the substance imported, less the quantity of the substance exported.

"calendar year" means a period of 12 consecutive months commencing on January 1st.

"export" means movement out of Canada, including inter-firm company transfers across the Canadian border but does not include transit through Canada.

"import" means movement into Canada, including inter-firm company transfers across the Canadian border but does not include transit through Canada.

"manufacture" means to produce by means of chemical synthesis and includes the incidental production of a substance.

"transit" means the portion of an international transboundary movement through the territory of a country that is neither the country of origin nor the country of destination of the movement.

2. If the information provided in response to this notice represents more than one facility, persons to whom this notice applies shall provide the name and address of each facility to which the information relates as an attachment to their submission.

3. Persons to whom this notice applies shall provide the following information:

Identification and Declaration Form
Company Identification


Company name and address:_________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Name and title of person responding: ___________________________
_______________________________________________________
Telephone number:	_________	Fax machine number:	____________
Electronic mail: ___________________________________________

Request for Confidentiality

ϒ Pursuant to section 313 of the Canadian Environmental Protection Act, 1999, I request that the following information be treated as confidential. (Please specify sections, tables, etc., and include a rationale for your decision.)
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
ϒ I do not request that the following information be treated as confidential and I consent to it being released without restriction.
_________________________		_____________________________
Name		Title
________________________		_____________________________
Signature		Date
Please return no later than June 21, 2002, to: Minister of the Environment, to the attention of E. D. (Tedd) Brien Use Patterns and Controls Implementation Section Environment Canada Place Vincent Massey, 12th Floor 351 Saint-Joseph Boulevard Hull, Quebec K1A 0H3 Telephone: (819) 953-1685 Facsimile: 1-888-391-3695/(819) 953-3132

4. For each substance listed in Schedule 1, whether alone or in a mixture, that was manufactured, imported or exported during the 1997, 1998, 1999, 2000 or 2001 calendar year, provide the following information:

(a) the name of the substance or the mixture in which it is contained that was manufactured, imported or exported;

(b) the concentration of the substance as a weight percentage of the mixture in which it is contained where applicable; and

Year	Name of the substance or the mixture manufactured, imported or exported	Concentration of the substance (wt %)	Name and address of the manufacturer of the substance or the mixture

Attach supplementary sheets if necessary.

5. For each substance listed in Schedule 1, whether alone or in a mixture, that was manufactured, imported or exported during the 1997, 1998, 1999, 2000 or 2001 calendar year, provide the following information:

(a) the name of the substance or the mixture in which it is contained that was manufactured, imported or exported; and

(b) the quantity, reported in kilograms, of the substance or the mixture in which it is contained that was manufactured, imported or exported.

Year	Name of the substance or the mixture in which it is contained that was manufactured, imported or exported	Manufacture Quantity (kg)	Import Quantity (kg)	Export Quantity (kg)

Attach supplementary sheets if necessary.

6. For each substance or mixture reported pursuant to section 5 as having been manufactured during the 2001 calendar year provide:

(a) the name of the substance or the mixture in which it is contained that was manufactured;

(b) the name of the aluminum-containing feedstock that was used to manufacture the substance, whether alone or in a mixture; and

(c) the name and address of the supplier or manufacturer of the aluminum-containing feedstock that was used to manufacture the substance, whether alone or in a mixture.

Name of the substance or the mixture in which it is contained that was manufactured (from section 5)	Name of the aluminum-containing feedstock	Name and address of the supplier or manufacturer of the aluminum-containing feedstock

Attach supplementary sheets if necessary.

7. Where the domestic consumption of a substance or mixture reported pursuant to section 5 exceeded 500 000 kilograms in the 2000 calendar year, provide for that substance or mixture:

(a) the name of the substance or the mixture in which it was contained;

(b) an estimate of the percentage of the domestic consumption of the substance or mixture that was used for the treatment of potable water;

(c) an estimate of the percentage of the domestic consumption of the substance or mixture that was used for the treatment of waste water; and

(d) an estimate of the percentage of the domestic consumption of the substance or mixture that was used for any other application.

Name of the substance or the mixture in which it was contained	Estimate of the percentage of the 2000 domestic consumption used for:
	potable water treatment (%)	waste water treatment (%)	any other application (%)

Attach supplementary sheets if necessary.

8. (1) For each substance listed in Schedule 1, provide the following:

(a) reports or studies respecting the neurotoxicity of aluminum or the substance in laboratory animals or humans following oral, dermal or inhalation exposure; and

(b) reports or studies respecting laboratory animals or humans that include information on the biological plausibility of the potential association between exposure to the substance in the environment and Alzheimer's disease.

(2) Despite subsection (1), a report or study need not be provided if it has been published in publicly available scientific or technical literature or if it has previously been submitted to the Minister of the Environment in response to the Notice Respecting the Second Priority Substances List and Di(2-ethylhexyl) phthalate that was published in the Canada Gazette, Part I, on February 15, 1997.

9. (1) For each report or study provided in response to subsection 8(1), provide a covering page that indicates:

(a) the name, address and telephone number of a person who may be contacted respecting the contents of the report or study;

(b) the reason or concern that motivated the conduct of the study or the generation of the report;

(c) a brief description of the methodology, including species used, study type and duration, substance administered, route of administration, doses administered and parameters measured;

(d) the significance, if any, of the particular elements chosen to be included in the methodology used; and

(e) a brief summary of the results of the study and the significance of the interpretation of the results.

(2) Despite subsection (1), a covering page need only contain the information required in paragraphs (1)(a) to (e) if the information is not contained in the report or study provided in response to subsection 8(1).

EXPLANATORY NOTE

(This note is not part of the notice.)

Under the Canadian Environmental Protection Act, the ministers of the Environment and of Health were required to establish a list, to be known as the Priority Substances List, of substances of which they were satisfied should be assessed on a priority basis. Aluminum chloride, aluminum nitrate and aluminum sulphate were identified on the list that was published in the Canada Gazette, Part I, on December 16, 1995. On December 2, 2000, the Minister of the Environment announced that additional information was required to complete the assessment to determine whether aluminum chloride, aluminum nitrate and aluminum sulphate are toxic or capable of becoming toxic and, the assessment period was suspended for six years.

Paragraph 71(1)(c) of the Canadian Environmental Protection Act, 1999 (CEPA 1999) authorizes the Minister to require persons that were, or are, engaged in any activity involving the manufacture or importation of a substance to conduct such toxicological and other tests the Minister may specify. A notice under paragraph 71(1)(c) of CEPA 1999 is being developed that will require companies to conduct certain laboratory animal studies that have been identified by an expert steering committee sponsored by Health Canada. The purpose of the current notice is to update information previously obtained by a notice for the years 1995 and 1996 and to help identify those companies to whom the notice under paragraph 71(1)(c) should be sent.

This notice was published in the Canada Gazette, Part I, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999. This notice requires the persons to whom it applies to provide certain information on their activities with respect to the substances identified in Schedule 1.

Pursuant to subsection 71(3) of CEPA 1999, every person to whom this notice applies is required to comply with this notice within the time specified in the notice. The time specified in this notice is June 21, 2002.

Compliance with CEPA 1999 is mandatory. Subsection 272(1) of CEPA 1999 provides that:

272. (1) Every person commits an offence who contravenes

(a) a provision of this Act or the regulations;

(b) an obligation or a prohibition arising from this Act or the regulations;

Subsection 272(2) of CEPA 1999 provides that:

272. (2) Every person who commits an offence under subsection (1) is liable

(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and

(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

Furthermore, with respect to providing false or misleading information, subsection 273(1) of CEPA 1999 provides that:

273. (1) Every person commits an offence who, with respect to any matter related to this Act or the regulations,

(a) provides any person with any false or misleading information, results or samples; or

(b) files a document that contains false or misleading information.

Subsection 273(2) of CEPA 1999 provides that:

273. (2) Every person who commits an offence under subsection (1) is liable

(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, if the offence is committed knowingly;

(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both, if the offence is committed knowingly;

(c) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both, if the offence is committed negligently; and

(d) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both, if the offence is committed negligently.

The above provisions of the Canadian Environmental Protection Act, 1999 have been reproduced for convenience of reference only and have no official sanction. For all purposes of interpreting and applying the law, readers should consult the Act as passed by Parliament, which is published in the "Assented to" Acts service, Part III of the Canada Gazette and the annual Statutes of Canada.

For additional information on CEPA 1999 and the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 and on applicable penalties, contact the Enforcement Branch at (819) 994-0907.

Forward your completed response no later than June 21, 2002 to: Minister of the Environment, Attention of E. D. (Tedd) Brien, Use Patterns and Controls Implementation Section, Environment Canada, Place Vincent Massey, 12th Floor, 351 Saint-Joseph Boulevard, Hull, Quebec K1A 0H3.

An electronic copy of this notice is available at the following Web site address: www.ec.gc.ca/CEPARegistry/notices.

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2002-66-02-02 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 2002-66-02-02 Amending the Non-domestic Substances List.

Ottawa, April 15, 2002

DAVID ANDERSON
Minister of the Environment

ORDER 2002-66-02-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

Amendment

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

69278-63-3

Coming into force

2. This Order comes into force on the day on which the Order 2002-66-02-01 Amending the Domestic Substances List comes into force.

[17-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2002-87-02-02 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 2002-87-02-02 Amending the Non-domestic Substances List.

Ottawa, April 15, 2002

DAVID ANDERSON
Minister of the Environment

ORDER 2002-87-02-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

Amendment

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

9051-89-2	29911-27-1	67151-63-7	67923-94-8
68914-55-6	96195-80-1

Coming into force

2. This Order comes into force on the day on which the Order 2002-87-02-01 Amending the Domestic Substances List comes into force.

[17-1-o]

DEPARTMENT OF HEALTH

CONTROLLED DRUGS AND SUBSTANCES ACT

Notice of Intent to Amend the Schedules to the Controlled Drugs and Substances Act and its Related Regulations

Notice is hereby given to interested parties of the proposal for the scheduling of substances listed in the United Nations Convention on Psychotropic Substances, 1971 (see footnote 1) (the 1971 Convention) to the Controlled Drugs and Substances Act (CDSA) and its related Regulations.

Canada became a signatory to the 1971 Convention in 1988, and as such, has made a commitment to bring Canada in compliance with international requirements. While the majority of the substances listed in the 1971 Convention are already controlled under the CDSA, a small number of substances remain to be properly scheduled and regulated.

Health Canada intends to amend the CDSA and its related Regulations to implement controls over the import, export, manufacture and distribution of the following substances. The precise scheduling of these substances within the CDSA and its regulations is yet to be determined.

Substance	1971 Convention	Substance	1971 Convention
Aminorex	Schedule IV	Mecloqualone	Schedule II
DMHP	Schedule I	Mesocarb	Schedule IV
Etryptamine	Schedule I	Pemoline	Schedule IV
Fenetylline	Schedule II	Pyrovalerone	Schedule IV
Glutethimide	Schedule III	Rolicyclidine	Schedule I
Lefetamine	Schedule IV	Zipeprol	Schedule II

As a first step, Health Canada will identify the affected stakeholders and assess the scope of any products which may contain the listed substances. The Drug Strategy and Controlled Substances Programme will seek feedback from all potentially affected stakeholders. The information received will be instrumental in determining the proper scheduling of each substance.

Interested stakeholders will be given another opportunity to provide feedback following publication of the proposed regulatory framework in the Canada Gazette, Part I. This is expected to take place later this year.

If you are interested in this process or have comments regarding this proposal, please contact Cynthia Sunstrum, Policy and Regulatory Affairs Division, Office of Controlled Substances, Address Locator 3503D, Ottawa, Ontario K1A 1B9, (613) 946-4224 (Facsimile), cynthia_sunstrum@hc-sc.gc.ca (Electronic mail), within 30 days of the date of this notice.

April 18, 2002

GILLIAN LYNCH
Director General
Drug Strategy and Controlled
Substances Programme

[17-1-o]

DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendment — Schedule No. 1100 — Human Plasma Collected by Plasmapheresis

This notice is to advise the public of our intention to proceed with the amendment of the regulatory provisions respecting Human Plasma Collected By Plasmapheresis located in Part C, Division 4 of the Food and Drug Regulations (FDR or the Regulations). This proposed initiative will, among other things, bring the regulatory requirements up to date to reflect current practices and advances in technology.

Human plasma is the liquid portion of blood. It constitutes approximately 55 percent of the total blood volume and consists mainly of water, salts, and proteins including albumin, immunoglobulins and clotting factors. Plasmapheresis is a process by which blood is withdrawn from a donor, the plasma portion is separated from the cellular portion (e.g., red blood cells, white blood cells), plasma is retained, and the remaining cellular portion is transfused back to the donor.

Human plasma is collected by plasmapheresis either for transfusion purposes or as a bulk process intermediate used in the manufacturing of blood products (e.g., products used to treat burn victims or patients with life threatening infections).

This regulatory initiative only applies to human plasma collected by plasmapheresis for further manufacturing. Requirements for plasma intended for transfusion will be incorporated into a separate regulatory initiative for blood and blood components which is currently under development.

In 1978, human plasma collected by plasmapheresis was added to Schedule D of the Food and Drugs Act (FDA) and thereby became regulated as a biological drug. Simultaneously, new regulatory provisions respecting human plasma collected by plasmapheresis were added to Part C, Division 4, of the FDR. These regulatory provisions were last amended in 1985.

The intent of the plasmapheresis regulatory requirements are two-fold:

(1) To contribute towards maintaining the health of the plasma donor; and

(2) to contribute to the goal of ensuring the quality and safety of human plasma collected by plasmapheresis for further manufacturing.

In 1997, a set of proposed regulatory amendments was developed and sent for comment to 25 plasma and plasma product manufacturers. A 60-day comment period was provided. Nine responses were received.

All nine respondents expressed concern over Health Canada's proposal not to increase the maximum quantity of plasma that may be collected from a donor in a six-month period. At this time, Health Canada does not intend to increase the maximum allowable volume collected in a six-month period until evidence is provided to demonstrate that there are no adverse effects on the health of the plasma donor. However, Health Canada will continue to keep an open mind on this issue and would be pleased to review data to substantiate the safety of collecting higher plasma volumes.

Other issues that may result in a regulatory amendment, and that are currently being reviewed as part of this initiative, include, but are not limited to, the following:

— whether the maximum allowable volume for plasma collected per donation should be increased;

— the time interval and the circumstances in which a physical examinations should take place;

— the type of information that should be required during the review of the donor's medical history;

— which transmissible disease tests should be required to be performed;

— whether inadvertent temperature excursions are acceptable during plasma storage and transport;

— updating the requirements in the Regulations to reflect the automated plasmapheresis procedure; and

— whether the Regulations should continue to include requirements for the manual plasmapheresis procedure.

Interested persons are invited to submit comments with respect to this proposed amendment within 60 days of the date of publication of this notice.

Comments on this notice may be sent to Nathalie Perron, Regulatory Associate, Policy and Promotion Division, Centre for Policy and Regulatory Affairs, Biologics and Genetic Therapies Directorate, Tower B, 1600 Scott Street, 4th Floor, Address Locator 3104A2, Ottawa, Ontario K1A 1B6, or by electronic mail to nathalie_perron@hc-sc.gc.ca or by facsimile at (613) 946-5155. All comments should cite Canada Gazette, Part I, and the date of the publication of this notice.

The representations should also stipulate those parts of the representations/comments that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

April 17, 2002

A. ANNE MCLELLAN
Minister of Health

[17-1-o]

DEPARTMENT OF JUSTICE

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT

Treaty Between the Government of Canada and the Government of the Argentine Republic on Mutual Legal Assistance in Criminal Matters

Signed in Buenos Aires on January 12, 2000, and in force on December 20, 2001.

The Government of the Government of Canada and the Argentine Republic,

Desiring to improve the effectiveness of both countries in the prevention, investigation and prosecution of crime through cooperation and mutual assistance in criminal matters,

Have agreed as follows:

PART I — GENERAL PROVISIONS

Article 1

Obligation to Grant Mutual Assistance

(1) The Contracting Parties shall, in accordance with this Treaty, grant each other the widest measure of mutual assistance in criminal matters.

(2) Mutual assistance for the purpose of paragraph 1 shall be any assistance given by the Requested State in respect of investigations or proceedings in the Requesting State in a criminal matter that is sought by a competent authority of that State.

"Competent Authority" means the authorities responsible for criminal investigations or prosecutions in the Requesting State, including non-judicial authorities where the request is endorsed by an Attorney General or an Agent thereof.

(3) Criminal matters for the purpose of paragraph 1 mean, for the Argentine Republic, investigations or proceedings related to offences established under penal law and, for Canada, investigations or proceedings relating to any offence created by a law of Parliament or by the legislature of a province.

(4) Criminal matters shall also include investigations or proceedings relating to offences relating to taxes, customs, currency control and other fiscal or financial offences.

(5) Assistance shall be provided without regard to whether or not the conduct which is the subject of investigation, prosecution or proceedings in the Requesting State would constitute an offence under the laws of the Requested State, except for search and seizure. Nevertheless, the Requested State, in the latter case, may authorize assistance to the extent permitted by its laws.

(6) Assistance shall include:

(a) location and identification of persons;

(b) notification of judicial acts and service of documents;

(d) delivery of records, objects and elements of proof;

(e) taking of evidence and obtaining of statements of persons in the Requested State;

(f) making detained persons and others available to give evidence in the Requesting State;

(g) execution of requests for search and seizure including the search of private premises;

(h) measures to locate, restrain and forfeit the proceeds of crime and recover pecuniary penalties in respect of the offences; and

(i) other assistance consistent with the objects of this Treaty which is not inconsistent with the law of the Requested State.

Article 2

Execution of Requests

(1) Requests for assistance shall be executed promptly in accordance with the law of the Requested State and, insofar as it is not contrary to that law, in manner requested by the Requesting State.

(2) The Requested State shall, upon request, inform the Requesting State of the time and place of execution of the request for assistance.

Article 3

Refusal or Postponement of Assistance

(1) Assistance may be refused if, in the opinion of the Requested State the execution of the request would impair its sovereignty, security, public order or essential public interest or prejudice the safety of any person.

Assistance may also be refused if the request relates to an offence under military law which would not be an offence under ordinary criminal law.

(2) Assistance may be postponed by the Requested State if execution of the request would interfere with an ongoing investigation or prosecution in the Requested State.

(3) The Requested State shall promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a request for assistance, or to postpone execution, and shall give reasons for that decision.

(4) Before refusing to grant a request for assistance or before postponing the grant of such assistance, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with them.

PART II — SPECIFIC PROVISIONS

Article 4

Location or Identity of Persons

The competent authorities of the Requested State shall make best efforts to ascertain the location and identity of persons specified in the request.

Article 5

Service of Documents

(1) The Requested State shall do everything possible to expedite service of any document transmitted to it for the purpose of service.

(2) The Requesting State shall transmit a request for the service of a document pertaining to a response or appearance in the Requesting State within a reasonable time before the scheduled response or appearance.

(3) The Requested State shall return a proof of service in the manner required by the Requesting State.

Article 6

Transmission of Documents and Objects

(1) When the request for assistance concerns the transmission of records and documents, the Requested State may transmit certified true copies thereof, unless the Requesting State expressly requests the originals.

(2) The original records or documents or objects transmitted to the Requesting State shall be returned to the Requested State as soon as possible, upon the latter's request.

(3) Insofar as not prohibited by the law of the Requested State, records, documents or objects shall be accompanied by such certification as may be requested by the Requesting State in order to make them admissible according to the law of the Requesting State.

Article 7

Presence of Persons Involved in the Proceedings in the Requested State

(1) A person requested to testify and produce documents, records or other articles in the Requested State shall be compelled, if necessary by subpoena or order, to appear and testify and produce such documents, records and other objects, in accordance with the requirements of the law of the Requested State.

(2) The Requested State shall authorize the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to propose questions in accordance with the laws of the Requested State. The Requesting State authorities shall be permitted to use technical means to record the proceedings insofar as it is not contrary to the law of the Requested State.

Article 8

Making Persons Available to Give Evidence or Assist Investigations in the Requesting State

(1) The Requesting State may request that a person be made available to testify or, subject to the laws of the Requested State, to assist an investigation.

(2) The Requested State shall notify the person of the request to assist in the investigation or to appear as a witness in the proceedings but non-appearance will not result in any sanctions.

Article 9

Search and Seizure

(1) The Requested State shall, insofar as its law permits, carry out requests for search, seizure and delivery of any material to the Requesting State provided the request contains information that would justify such action under the law of the Requested State.

(2) The Requested State shall provide such information as may be required by the Requesting State concerning the result of any search, the place of seizure, the circumstances of seizure, and the subsequent custody of the property seized.

(3) The Requesting State shall observe any conditions imposed by the Requested State in relation to any seized property which is delivered to the Requesting State.

Article 10

Making Detained Persons Available to Give Evidence or Assist Investigations

(1) A prisoner in the Requested State may, at the request of the Requesting State, be temporarily transferred to the Requesting State to give evidence or assist investigations.

(2) The Requested State shall not transfer a prisoner to the Requesting State unless the prisoner consents.

(3) While the sentence of a prisoner in the Requested State has not expired, the Requesting State shall hold the prisoner in custody and shall return that prisoner in custody to the Requested State at the conclusion of the proceedings in relation to which transfer to the Requesting State was sought or at such earlier time as that prisoner's presence is no longer required.

(4) Where the sentence imposed on a person transferred under this Article expires while the person is in the Requesting State, that person shall be released and thereafter be treated as a person referred to in Article 8 and given the protection provided for in Article 11.

Article 11

Safe Conduct

(1) Subject to Article 10(3) a person present in the Requesting State in response to a request seeking that person's attendance shall not be prosecuted, detained or subjected to any other restriction of personal liberty in that State for any acts or omissions which preceded that person's departure from the Requested State, nor shall that person be obliged to give evidence in any proceeding other than the proceedings to which the request relates.

(2) Paragraph 1 of this Article shall cease to apply if a person, being free to leave the Requesting State, has not left it within a period of thirty (30) days after being officially notified that person's attendance is no longer required or, having left that territory, has voluntarily returned.

(3) Any person who fails to appear in the Requesting State may not be subjected to any sanction or compulsory measure in the Requested State.

Article 12

Proceeds of Crime and Instrumentalities of Crime

(1) Insofar as the law of the Requested State permits, the Requested State shall, at the request of the Requesting State, endeavour to ascertain whether any proceeds of a crime or instrumentalities of crime are located within the Requested State and shall notify the Requesting State of the results of its inquiries. In making the request, the Requesting State shall notify the Requested State of the basis of its belief that such proceeds or instrumentalities may be located in the latter's jurisdiction.

(2) Where, pursuant to paragraph 1 of this Article, suspected proceeds of crime are found, the Requested State shall take such measures as are permitted by its law to freeze, seize and forfeit such proceeds.

(3) The Requested State in control of forfeited assets shall dispose of them in accordance with its law. To the extent permitted by its laws and upon such terms as it considers reasonable, either State may transfer forfeited assets or the proceeds of their sale to the other State.

(4) For the purposes of this Article, proceeds of crime include any property obtained directly or indirectly as a result of the commission of an offence.

PART III — PROCEDURE

Article 13

Contents of Requests

(1) In all cases requests for assistance shall include:

(a) the competent authority conducting the investigation or proceedings to which the request relates;

(b) a description of the subject matter and nature of the investigation, prosecution, or proceeding, including the specific criminal offenses which relate to the matter;

(d) the need, if any, for confidentiality and the reasons therefor; and

(e) any time limit within which compliance with the request is desired.

(2) Requests for assistance shall also contain the following information:

(a) where possible, the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;

(b) where necessary, details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor;

(c) in the case of requests for the taking of evidence or search and seizure, a statement indicating the basis for belief that evidence may be found in the jurisdiction of the Requested State;

(d) a description of the way in which evidence and statements are to be taken and recorded, as well as, the technical means by which it will be recorded. As far as possible, a list of questions will be provided;

(e) in the case of lending of exhibits, the person or class of persons who will have custody of the exhibit, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;

(f) in the case of making detained persons available, the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person's return.

(3) If the Requested State considers that the information contained in the request is not sufficient to enable the request to be dealt with, that State may request that additional details be furnished.

(4) A request shall be made in writing. In urgent circumstances or where otherwise permitted by the Requested State, a request may be made orally but shall be confirmed, in writing, within ten (10) days.

Article 14

Central Authorities

Central authorities shall transmit and receive all requests and responses thereto for the purposes of this Treaty. The Central Authority for Canada shall be the Minister of Justice or an official designated by that Minister; the Central Authority for the Argentine Republic shall be the Ministry of Foreign Affairs, International Trade and Worship.

Article 15

Confidentiality

(1) The Requested State may request that information or evidence furnished under this Treaty be kept confidential in accordance with conditions which it shall specify. In that case, the Requesting State shall use its best efforts to comply with the conditions specified.

(2) The Requested State shall to the extent requested keep confidential a request, its contents, supporting documents and any action taken pursuant to the request. If the request cannot be executed without breaching the requested confidentiality, the Requested State shall so inform the Requesting State, which shall then determine whether the request should nevertheless be executed.

Article 16

Limitation of Use

The Requesting State shall not disclose or use information or evidence furnished for purposes other than those stated in the request without the prior consent of the Requested State.

Article 17

Authentication

Evidence or documents transmitted pursuant to this Treaty shall not require any form of authentication, save as is specified in Article 6, nor any legalization or other formality.

Article 18

Language

Requests and supporting documents shall be drafted in one of the official languages of the Requesting State and be accompanied by a translation into one of the official languages of the Requested State.

Article 19

Representation

For the purposes of this Treaty, the Requested State, through its competent authorities, shall afford representation of the interests of the Requested State in any proceedings. The Representative appointed by the Requested State shall be legally authorized to act in those proceedings.

Article 20

Consular Officials

(1) Consular officials may take evidence in the territory of the receiving State from a witness on a voluntary basis without a formal request. Prior notice of the intended proceedings shall be given to the receiving State. That State may refuse its consent for any reason provided in Article 3.

(2) Consular officials may serve documents on an individual who appears voluntarily at the consular premises.

Article 21

Expenses

(1) The Requested State shall meet the cost of executing the request for assistance, except that the Requesting State shall bear:

(a) the expenses associated with conveying a person pursuant to a Request under Articles 7, 8, and 10 of this Treaty, and any allowances or expenses payable to that person. That person shall be informed that expenses and allowances will be paid;

(b) the fees of experts and expenses of translation, transcription and recording whether in the Requested or Requesting State; and

(2) If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, the Contracting Parties shall consult to determine the terms and conditions under which the requested assistance can be provided.

PART IV — FINAL PROVISIONS

Article 22

Other Assistance

Assistance and procedures set forth in this Treaty shall not prevent either Contracting Party from granting assistance to the other Party through the provisions of other international agreements to which it may be a party. The Parties may also provide assistance pursuant to any bilateral arrangement, or agreement, which may be applicable.

Article 23

Temporal Scope of Application

This Treaty shall apply to any requests presented after its entry into force even if the offences occurred before that date.

Article 24

Consultations

The Contracting Parties shall consult promptly, at the request of either Party, through diplomatic channels, concerning the interpretation and the application of this Treaty.

Article 25

Entry into Force and Termination

(1) This Treaty shall be ratified and shall enter into force thirty (30) days after the date on which the contracting Parties have exchanged Instruments of Ratification.

(2) Either Contracting Party may notify the other, in writing, at any time of its intention to terminate this Treaty and it shall cease to be in force one year after the day on which notice is given.

(3) Notwithstanding that a Contracting Party has given notice pursuant to paragraph 2, this Treaty continues to apply to requests made before that notice was given.

In witness thereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

Done at Buenos Aires, this 12th day of January 2000, in two original copies, in the English, French and Spanish languages, each version being equally authentic.

For the Government of Canada
LLOYD AXWORTHY
Minister of Foreign Affairs
For the Government of the Argentine Republic

D. ADALBERTO RODRIGUEZ GIAVARINI
Minister of Foreign Affairs
and International Trade

[17-1-o]

DEPARTMENT OF JUSTICE

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT

Treaty Between Canada and the Oriental Republic of Uruguay on Mutual Legal Assistance in Criminal Matters

Signed in Ottawa on July 10, 1996 and in force on March 1st, 2002.

The Government of Canada and the Government of the Oriental Republic of Uruguay,

Desiring to improve the effectiveness of both countries in the investigation and prosecution of crime through cooperation and mutual assistance in criminal matters,

Have agreed, on the basis of the principles of national sovereignty and equality of rights and mutual benefits, to conclude a Mutual Legal Assistance Treaty, as follows:

PART I — GENERAL PROVISIONS

Article 1

Obligation to Grant Mutual Assistance

1. The Contracting Parties shall, in accordance with this Treaty, grant each other the widest measure of mutual assistance in criminal matters.

2. Mutual assistance for the purpose of paragraph 1 shall be any assistance given by the Requested State in respect of investigations or proceedings in the Requesting State in a criminal matter.

3. Criminal matters for the purpose of paragraph 1 mean, for the Oriental Republic of Uruguay, investigations and proceedings relating to any conduct defined as a crime by criminal law, and, for Canada, investigations or proceedings relating to any offence created by a law of Parliament which may be prosecuted by indictment.

4. Assistance shall be provided without regard to whether the conduct which is the subject of investigation, prosecution or proceedings in the Requesting State would constitute an offence under the laws of the Requested State, except in cases provided for in Articles 12 and 13. Nevertheless, the Requested State, in the latter cases, may authorize assistance to the extent permitted by its laws.

5. Assistance shall include:

(a) location of persons and objects, including their identification;

(b) service of documents, including documents seeking the attendance of persons;

(d) taking of testimony or statements from persons;

(e) search and seizure;

(f) making detained persons and others available to give evidence or assist investigations;

(g) measures to locate, restrain and forfeit the proceeds of crime; and

(h) other assistance consistent with the objects of this Treaty and not prohibited by the law of the Requested State.

6. This Treaty is intended solely for mutual legal assistance between the Parties. Therefore, the provisions of this Treaty shall not confer rights on any private persons to obtain, suppress, or exclude any evidence or to impede the execution of a request for assistance.

Article 2

Execution of Requests

1. Requests for assistance shall be executed promptly in accordance with the law of the Requested State and, insofar as it is not prohibited by that law, in the manner requested by the Requesting State.

2. The Requested State shall, upon request, inform the Requesting State of the time and place of execution of the request for assistance.

Article 3

Refusal or Postponement of Assistance

1. Assistance may be refused if,

(a) in the opinion of the Requested State, the execution of the request would impair its sovereignty, security, public order or essential public interest, or prejudice the safety of any person;

(b) the request relates to an offence under military law which would not be an offence under ordinary criminal law;

(c) the request relates to an offence that the Requested State considers to be political or related to a political offence or as being prosecuted for political reasons;

(d) the request relates to a tax offence. However, assistance shall be provided if the offence committed is the willful false declaration, in oral or written form, or the willful failure to make a declaration, with the goal of concealing income obtained from any other crime covered by this Treaty.

2. Assistance may be postponed by the Requested State if execution of the request would interfere with an ongoing investigation or prosecution in the Requested State.

3. The Requested State shall promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a request for assistance, or to postpone execution, and shall give reasons for that decision.

4. Before refusing to grant a request for assistance or before postponing the grant of such assistance, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with them.

PART II — SPECIFIC PROVISIONS

Article 4

Location or Identity of Persons

The competent authorities of the Requested State shall make best efforts to ascertain the location and identity of persons specified in the request.

Article 5

Service of Documents

1. The Requested State shall serve any document transmitted to it for the purpose of service.

2. The Requesting State shall transmit a request for the service of a document pertaining to a response or appearance in the Requesting State within a reasonable time before the scheduled response or appearance.

3. The Requested State shall return a proof of service in the manner required by the Requesting State.

Article 6

Delivery of Official Documents

At the request of the Central Authority of the Requesting State, the Central Authority of the Requested State:

(a) shall provide copies of publicly available official documents, records or information in the possession of government departments and agencies in that State; and

(b) may provide copies of official documents, records or information in the possession of a government department or agency in that State but which are not publicly available, subject to the same conditions under which such documents would be provided to its own authorities.

Article 7

Authentication of Documents and Certifications

1. Notwithstanding any authentication or certification necessary under its law, the Requested State shall authenticate any document or copy thereof, or provide a certification regarding any article, in the manner requested by the Requesting State, if this is not prohibited by the laws of the Requested State.

2. For purposes of facilitating the use of the aforementioned special authentications or certifications, the Requesting State shall enclose in the request the appropriate forms or describe the particular procedure to be followed.

3. No authentication or certification of documents transmitted under this Treaty is necessary unless requested.

Article 8

Testimony in the Requested State

1. Any person in the Requested State from whom evidence is requested pursuant to this Treaty shall be compelled to appear, in accordance with the laws of the Requested State, before the appropriate authority and to testify or produce documents, records, or articles of evidence.

2. The Requested State shall give sufficient advance notice of the date and place in which a statement will be taken or documents, records, or articles of evidence will be obtained from a witness. Whenever possible, the Central Authorities shall confer together to set a date suitable to both Parties.

3. The Requested State shall authorize the presence of such persons as specified in the request during the execution of the request, and shall authorize such persons to question the person whose testimony or evidence is being taken, in the manner provided by the laws of the Requested State.

4. Any statement obtained from a person referred to in paragraph 1 shall be sent to the Requesting State together with all documents, records or articles of evidence furnished by the witness or obtained as a consequence of, or on the occasion of the statement. Notwithstanding any authentication or certification necessary under its law, the Requested State shall authenticate any document or record produced under this article in the manner requested by the Requesting State, if this is not prohibited by the laws of the Requested State.

5. The persons present from the Requesting State at the execution of a request shall be permitted to make a verbatim transcript of the proceedings. To the extent not prohibited by the law of the Requested State, the use of technical means to make such a verbatim transcript shall be permitted.

Article 9

Availability of Persons to Give Evidence or Assist Investigation in the Requesting State

1. The Requesting State may request that a person be made available to testify or to assist an investigation.

2. The Requested State shall invite the person to assist in the investigation or to appear as a witness in the proceedings and seek that person's concurrence thereto. Upon making the request to appear, the Requesting State shall indicate the travel expenses and allowances that it will pay.

Article 10

Making Detained Persons Available to Give Evidence or Assist Investigations

1. A person in the custody of the Requested State whose presence in the Requesting State is needed for purposes of assistance under this Treaty shall be transferred to the Requesting State for that purpose if the person and the Requested State consent to the transfer.

2. For the purposes of this Article:

(a) the Requesting State shall have the authority and the obligation to keep the person transferred in custody unless otherwise indicated by the Requested State;

(b) the Requesting State shall return the person transferred to the Requested State as soon as circumstances permit or as otherwise agreed by the Central Authorities;

(c) the Requested State shall not be required to initiate extradition proceedings for the return of the person transferred;

(d) the person transferred shall receive credit for service of the sentence imposed in the Requested State for time served in the Requesting State;

(e) the length of stay of a person in the Requesting State cannot exceed the period left to serve in that person's sentence or 90 days, whichever comes first, unless at the time of acceptance of the request that person and both States consent, to extend it for a reasonable time.

Article 11

Safe Conduct

1. Any person present in the Requesting State in response to a request pursuant to Articles 9 or 10, subject to Article 10(2)(a), shall not be prosecuted, detained or subjected to any other restriction of personal liberty in that State for any acts or omissions which preceded that person's departure from the Requested State, nor shall that person be obliged to give evidence in any proceeding other than the proceedings to which the request relates.

2. Paragraph 1 of this Article shall cease to apply if a person, being free to leave the Requesting State, has not left it within a period of fifteen days after being officially notified that that person's attendance is no longer required or, having left that territory, has voluntarily returned.

3. Any person who fails to appear in the Requesting State may not be subjected to any sanction or compulsory measure in the Requested State.

Article 12

Search and Seizure and Delivery of Items

1. The Requested State shall execute a request for the search, seizure, and delivery of any item, including but not limited to any document, record, or article if the appropriate authority determines that the request contains the information justifying the proposed action. The proposed action shall be taken in accordance with the procedural and substantive law of the Requested State.

2. In accordance with Article 3(4), the Requested State shall determine in accordance with its law any conditions necessary to protect third party interests in the items to be transferred.

3. The competent authority that has executed a request for search and seizure shall provide such information as may be required by the Requesting State concerning, but not limited to, the identity, condition, integrity and continuity of possession of the documents, records or things seized and the circumstances of the seizure.

4. The Requesting State shall observe any conditions imposed by the Requested State in relation to any seized documents, records or things which may be delivered to the Requesting State.

5. The Central Authorities shall consult to whatever extent necessary for the purpose of facilitating the execution of a request pursuant to this Article.

Article 13

Proceeds, Fruits, or Instrumentalities of Crime

1. Either State may convey to the other any information it has on the existence of proceeds, fruits, or instrumentalities of a crime in the territory of the other State.

2. The Parties shall assist each other, to the extent permitted by their respective laws, in precautionary measures and measures for securing the proceeds, fruits, and instrumentalities of crime.

3. The Central Authorities shall consult to whatever extent necessary for the purpose of facilitating the execution of a request pursuant to this Article.

PART III — PROCEDURE

Article 14

Contents of Requests

1. In all cases requests for assistance shall include:

(a) the competent authority conducting the investigation or proceedings to which the request relates;

(b) a description of the nature of the investigation or proceedings, including a copy or summary of the relevant facts and laws;

(d) the need, if any, for confidentiality and the reasons therefor in accordance with Article 16; and

(e) any time limit within which compliance with the request is desired.

2. Requests for assistance shall also contain the following information:

(a) where possible, the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;

(b) where necessary, details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor;

(c) in the case of requests for the taking of evidence or search and seizure, a statement indicating the basis for belief that evidence may be found in the jurisdiction of the Requested State;

(d) in the case of requests to take evidence from a person, a statement as to whether sworn or affirmed statements are required, and a description of the subject matter of the evidence or statement sought;

3. If the Requested State considers that the information contained in the request is not sufficient to enable the request to be dealt with, that Party may request that additional details be furnished.

4. A request shall be made in writing. In urgent circumstances or where otherwise permitted by the Requested State, a request may be made orally but shall be confirmed in writing within ten days thereafter.

Article 15

Central Authorities

1. Central Authorities shall transmit and receive all requests and responses thereto for the purposes of this Treaty. The Central Authority for Canada shall be the Minister of Justice or an official designated by that Minister; the Central Authority for the Oriental Republic of Uruguay shall be the Ministry of Education and Culture.

2. The assistance covered in this Treaty shall be provided through the respective Central Authorities of the Parties.

3. Recognizing the differences between the legal systems of the Parties to this Treaty, requests made by a Central Authority pursuant to this Treaty shall be based on requests for assistance from those authorities in the Requesting State that are responsible for the investigation or prosecution of offences.

Article 16

Confidentiality

1. The Requested State may require, after consultation with the Requesting State, that information or evidence furnished or the source of such information or evidence be kept confidential or be disclosed or used only subject to such terms and conditions as it may specify.

2. The Requesting State may require that the Requested State keep confidential a request, its contents, supporting documents and any action taken pursuant to the request except to the extent necessary to execute it.

3. Where a request is refused, confidentiality will be maintained.

4. Disclosure may be made by the Requested State, in the course of execution of a request, when the protection of the rights of interested third parties makes it necessary.

Article 17

Limitation on Use of Information or Evidence

1. The Requesting State shall not disclose or use information or evidence furnished for purposes other than those stated in the request without the prior consent of the Central Authority of the Requested State.

2. Information or evidence which has been made public in the Requesting State in accordance with paragraph 1 may thereafter be used for any purpose in both States.

Article 18

Language

Requests and supporting documents shall be accompanied by a translation into one of the official languages of the Requested State.

Article 19

Consular Officials

1. The Requesting State may request the Requested State to invite a person to voluntarily appear to give testimony or information to a consular representative in the consular premises of the Requesting State in the Requested State provided this is not prohibited by the law of the Requested State.

2. The Requested State may attend at the hearing.

Article 20

Expenses

1. The Requested State shall meet the cost of executing the request for assistance, except that the Requesting State shall bear:

(a) the expenses associated with conveying any person to or from the territory of the Requested State at the request of the Requesting State, and any allowance or expenses payable to that person while in the Requesting State pursuant to a request under Articles 9 or 10 of this Treaty; and

(b) the expenses and fees of experts either in the Requested State or the Requesting State.

2. If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, for example where the costs of transferring an object would be unusually high, the Contracting Parties shall consult to determine the terms and conditions under which the requested assistance can be provided.

PART IV — FINAL PROVISIONS

Article 21

Other Assistance

This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties, arrangements or otherwise, or prevent the Contracting Parties providing or continuing to provide assistance to each other pursuant to other treaties, arrangements or otherwise.

Article 22

Consultations

The Contracting Parties shall consult promptly, at the request of either Party, concerning the interpretation and the application of this Treaty.

Article 23

Liability

1. The domestic law of each Party shall govern liability for damages arising from the acts of its authorities in the execution of this Treaty.

2. Neither Party shall be liable for damages that may arise from the acts committed by the authorities of the other Party in the formulation or execution of a request under this Treaty.

Article 24

Entry into force and termination

1. This Treaty shall enter into force on the first day of the second month after the date on which the Contracting Parties have notified each other that their legal requirements have been complied with.

2. Either Contracting Party may terminate this Treaty. The termination shall take effect one year from the date on which it was notified to the other Contracting Party.

In witness thereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

Done in duplicate at Ottawa, this 10th day of July 1996, in the English, French and Spanish languages, each version being equally authentic.

For the Government of Canada
CHRISTINE STEWART
Secretary of State (Latin America and Africa)
For the Government of the Oriental Republic of Uruguay

DR. ELBIO ROSELLI
Ambassador of Uruguay to Canada

[17-1-o]

S.C. 1999, c. 33

S.C. 1999, c. 33

S.C. 1999, c. 33

S.C. 1999, c. 33

The Convention on Pyschotropic Substances, 1971 can be found at http://www.incb.org/e/ind_conv.htm.

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.


	Top of page

Maintained by the Canada Gazette Directorate	Important notices

Updated: 2006-11-22