Vol. 136, No. 19 — May 11, 2002

GOVERNMENT NOTICES

DEPARTMENT OF AGRICULTURE AND AGRI-FOOD

AGRICULTURAL PRODUCTS MARKETING ACT

Southern New Brunswick Forest Products Marketing Board Levy (Interprovincial and Export Trade) Order

The Southern New Brunswick Forest Products Marketing Board, pursuant to section 3 of the New Brunswick Primary Forest Products Order, made by Order in Council P.C. 2000-868 of June 8, 2000, hereby makes the annexed Order respecting the fixing, imposing and the collecting of levies from producers of wood within the Southern New Brunswick Forest Products Marketing Board area for wood marketed in interprovincial and export trade.

April 29, 2002

EDWARD PERRY
President

ORDER RESPECTING THE FIXING, IMPOSING AND THE COLLECTING OF LEVIES FROM PRODUCERS OF WOOD IN THE SOUTHERN NEW BRUNSWICK AREA IN THE PROVINCE OF NEW BRUNSWICK FOR WOOD MARKETED IN INTERPROVINCIAL AND EXPORT TRADE

SHORT TITLE

1. This Order may be cited as the Southern New Brunswick Forest Products Marketing Board Levy (Interprovincial and Export Trade) Order.

INTERPRETATION

2. In this Order, unless the context otherwise requires, terms defined in section 2 of the plan shall have the same meanings herein, and without restricting the generality of the foregoing, the term:

"Board" means the Southern New Brunswick Forest Products Marketing Board. (Office)

"buyer" means any person engaged in marketing primary forest products or who purchases primary forest products to sell to processors, or contracts to purchase primary forest products to sell to processors, or operates a collection yard for the purpose of accumulating primary forest products to sort primary forest products to sell. (acheteur)

"marketing" means buying, selling or offering for sale and includes advertising, financing, assembling, storing, packing, shipping and transporting in any manner by any person. (commercialisation)

"person" means an individual, association, corporation, firm, or partnership. (personne)

"plan" means the plan established pursuant to Regulation 88-222. (plan)

"primary forest product" means any unmanufactured product of the forest trees of hardwood or softwood species except coniferous trees cut for sale as Christmas trees and products from the sap of maple trees. (produit forestier de base)

"private woodlot" means forest land owned by anyone other than the Crown or a person whose principal business is the utilization of primary forest products in a manufacturing process. (terrain boisé privé)

"processor" means any person who utilizes primary forest products in a manufacturing process or changes the form of primary forest products by mechanical means and markets the forest products so utilized. (transformateur)

"producer" means a person who markets or produces primary forest products from a private woodlot. (producteur)

"regulated area" means the area as defined in the Southern New Brunswick Forest Products Marketing Plan — Regulation 88-222. (zone réglementée)

"regulated product" means primary forest products produced on a private woodlot. (produit réglementé)

LEVIES

3. Every producer shall pay to the Board the applicable levies fixed or imposed in the following sections:

(a) Administration Levy: All producers marketing a regulated product shall pay a levy, of $0.59 per cubic meter stacked or equivalent measure for all regulated product marketed from the regulated area.

(b) Forest Management Levy: All producers marketing a regulated product shall pay a levy, of $0.60 per cubic meter stacked or equivalent measure on all hardwood and softwood pulpwood quality and $0.89 per cubic metre stacked or equivalent measure on all hardwood and softwood sawmill quality regulated product marketed from the regulated area.

METHOD OF COLLECTION

4. Every buyer or processor making payments directly to a producer shall deduct such levies and charges from the monies payable for the regulated product at the first point of sale and shall remit such levies and charges to the board within 15 days of the month-end in which the regulated product was received, indicating in writing the quantities, species and form of the regulated product purchased, and the private woodlot from where the regulated product was produced.

5. The buyer or processor shall remit the levy to the Board with a copy of the scale slip or other written evidence of the purchase and sale transaction.

6. Any buyer or processor who subsequently receives the regulated product for which the levy imposed in accordance with sections 3 and 4 hereof have not been paid:

(a) shall deduct from the monies payable for the regulated product, the levy payable to the Board by the person from whom he or she receives the regulated product; and

(b) shall forward the levy to the Board or its agent designated for that purpose.

7. (a) The levy collected pursuant to paragraph 3(a) of this Order shall be used for the purposes of the Board, including

(i) The creation of reserves,
(ii) The payment of expenses and losses resulting from the sale or disposal of the regulated products, and
(iii) The equalization or adjustment among producers of the regulated products of moneys realized from the sale of the regulated product during such period or periods of time as the Board may determine.

(b) The levy collected pursuant to paragraph 3(b) of this Order shall be used for the purposes of implementing and administering forest management programs on private woodlots within the regulated area.

8. The levy established pursuant to this order is in addition to any other service charges, license fees or levies that have been established by the Board.

COMING INTO FORCE

9. This Order comes into force on July 17, 2000.

EXPLANATORY NOTE

(This note is not part of the Order.)

This Order imposes a levy on producers of wood within the Southern New Brunswick Forest Products Marketing Board area and marketed by the producer in interprovincial and export trade.

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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, the conditions of Permit No. 4543-2-03283 are amended as follows:

7. Method of Loading and Disposal: Loading by clamshell dredge or suction dredge and pipeline and disposal by bottom dump scow, or by end dumping.

B. O'DONNELL
Environmental Protection
Pacific and Yukon Region

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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, the conditions of Permit No. 4543-2-03290 are amended as follows:

1. Permittee: Moore-Clark Co. (Canada) Ltd.

3. Term of Permit: Permit is valid from June 15, 2002, to June 14, 2003.

7. Method of Loading and Disposal: Loading by clamshell dredge or excavator and disposal by bottom dump scow, or by end dumping.

9. Total Quantity to Be Disposed of: Not to exceed 6 000 m³.

A. MENTZELOPOULOS
Environmental Protection
Pacific and Yukon Region

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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. 4543-2-03296 is approved.

1. Permittee: City of Richmond, Richmond, British Columbia.

2. Type of Permit: To load and dispose of at sea waste and other matter.

3. Term of Permit: Permit is valid from June 16, 2002, to June 15, 2003.

4. Loading Site(s): Approved sites in Cannery Channel, Richmond, British Columbia, at approximately 49°07.20' N, 123°11.10' W.

5. Disposal Site(s): Sand Heads Disposal Site: 49°06.00' N, 123°19.50' W, at a depth of not less than 70 m.

The following position-fixing procedures must be followed to ensure disposal at the designated disposal site:

(i) The vessel must call the Marine Communications and Traffic Services (MCTS) Centre upon departure from the loading site and inform MCTS that it is heading for a disposal site;
(ii) Upon arrival at a disposal site and prior to disposal, the vessel must again call MCTS to confirm its position. Disposal can proceed if the vessel is on the designated site. If the vessel is not within the disposal site boundaries, MCTS will direct it to the site and advise when disposal can proceed; and
(iii) The vessel must inform MCTS when disposal has been completed prior to leaving the disposal site.

6. Route to Disposal Site(s): Direct.

7. Method of Loading and Disposal: Loading by clamshell dredge or cutter suction dredge and disposal by bottom dump scow, or end dumping.

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

9. Total Quantity to Be Disposed of: Not to exceed 37 000 m³.

10. Waste and Other Matter to Be Disposed of: Dredged material consisting of silt, sand, rock and other materials typical to the approved loading site.

11. Requirements and Restrictions:

11.1. The Permittee must notify the permit issuing office before commencement of the project as to the dates on which the loading and ocean disposal will occur.

11.2. The Permittee must ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of any restrictions or conditions identified in the permit and of the possible consequences of any violation of these conditions. A copy of the permit and the letter of transmittal must be displayed at the loading site and carried on all towing vessels and loading platforms or equipment involved in disposal at sea activities.

11.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.

11.4. Contact must be made with the Canadian Coast Guard, Regional Marine Information Centre (RMIC), regarding the issuance of a "Notice to Shipping." The RMIC is located at 2380555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6012 (Telephone), (604) 666-8453 (Facsimile), RMIC-PACIFIC@PAC.DFO-MPO.GC.CA (Electronic mail).

11.5. Any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, shall be permitted to mount an electronic tracking device on any vessel that is engaged in the disposal at sea activities authorized by this permit. The Permittee shall take all reasonable measures to ensure there is no tampering with the tracking device and no interference with its operation. The tracking device shall be removed only by an enforcement officer or by a person with the written consent of an enforcement officer.

11.6. The Permittee must submit to the Regional Director, Environmental Protection Branch, within 30 days of the expiry of the permit, a list of all work completed pursuant to the permit, the nature and quantity of material disposed of and the dates on which the activity occurred.

B. J. O'DONNELL
Environmental Protection
Pacific and Yukon Region

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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. 4543-2-03297 is approved.

1. Permittee: Miller Contracting Ltd., Delta, British Columbia.

2. Type of Permit: To load and to dispose of at sea waste and other matter.

3. Term of Permit: Permit is valid from June 10, 2002, to June 9, 2003.

4. Loading Site(s):

(a) Various approved sites on Vancouver Island, at approximately 49º00.00' N, 125º00.00' W;

(b) Various approved sites in Howe Sound, at approximately 49º24.00' N, 123º31.00' W;

(c) Various approved sites on the Fraser River Estuary, at approximately 49º12.00' N, 123º08.00' W; and

(d) Various approved sites in Vancouver Harbour, at approximately 49º18.70' N, 123º08.00' W.

5. Disposal Site(s):

(a) Cape Mudge Disposal Site: 49º57.70' N, 125º05.00' W, at a depth of not less than 200 m;

(b) Comox (Cape Lazo) Disposal Site: 49º41.70' N, 124º44.50' W, at a depth of not less than 190 m;

(c) Five Finger Island Disposal Site: 49°15.20' N, 123°54.60' W, at a depth of not less than 280 m;

(d) Malaspina Strait Disposal Site: 49°45.00' N, 124°26.95' W, at a depth of not less than 320 m;

(e) Malcolm Island Disposal Site: 50º42.00' N, 127º06.00' W, at a depth of not less than 180 m;

(f) Point Grey Disposal Site: 49º15.40' N, 123º22.10' W, at a depth of not less than 210 m;

(g) Porlier Pass Disposal Site: 49º00.20' N, 123º29.80' W, at a depth of not less than 200 m;

(h) Sand Heads Disposal Site: 49º06.00' N, 123º19.50' W, at a depth of not less than 70 m;

(i) Thornbrough Channel Disposal Site: 49º31.00' N, 123º28.30' W, at a depth of not less than 220 m;

(j) Victoria Disposal Site: 48º22.30' N, 123º21.80' W, at a depth of not less than 90 m; and

(k) Watts Point Disposal Site: 49°38.50' N, 123°14.00' W, at a depth of not less than 230 m.

The following position-fixing procedures must be followed to ensure disposal at the designated disposal site:

(i) The vessel must call the Marine Communications and Traffic Services (MCTS) Centre upon departure from the loading site and inform MCTS that it is heading for a disposal site;
(ii) Upon arrival at a disposal site and prior to disposal, the vessel must again call MCTS to confirm its position. Disposal can proceed if the vessel is on the designated site. If the vessel is not within the disposal site boundaries, MCTS will direct it to the site and advise when disposal can proceed; and
(iii) The vessel will inform MCTS when disposal has been completed prior to leaving the disposal site.

6. Route to Disposal Site(s): Direct.

7. Method of Loading and Disposal: Loading by clamshell dredge or cutter suction dredge and pipeline, with disposal by hopper barge or end dumping.

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

9. Total Quantity to Be Disposed of: Not to exceed 13 000 m³.

10. Waste and Other Matter to Be Disposed of: Dredged material consisting of silt, sand, rock, wood wastes and other materials typical of the approved loading site except log bundle strand, logs and usable wood.

11. Requirements and Restrictions:

11.1. The Permittee must notify the permit issuing office in writing and receive written approval for each loading site prior to any loading or disposal. The written notification must include the following information:

(i) the co-ordinates of the proposed loading site;
(ii) a site map showing the proposed loading site relative to known landmarks or streets;
(iii) a figure showing the legal water lots impacted by the proposed dredging or loading activities, giving the spatial delineations of the proposed dredge site within these water lots;
(iv) all analytical data available for the proposed loading site;
(v) the nature and quantity of the material to be loaded and disposed of;
(vi) the proposed dates on which the loading and disposal will take place; and
(vii) the site history for a proposed loading site.

Additional requirements may be requested by the permit issuing office.

11.2. The Permittee must ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of any restrictions or conditions identified in the permit and of the possible consequences of any violation of these conditions. A copy of the permit and the letter of transmittal must be carried on all towing vessels and loading platforms or equipment involved in disposal at sea activities. A copy of the written approval for the appropriate loading site must be displayed with each copy of the permit posted at the loading sites.

11.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.

11.4. Contact must be made with the Canadian Coast Guard, Regional Marine Information Centre, regarding the issuance of a "Notice to Shipping." The Permittee should contact the Regional Manager, Regional Marine Information Centre, 350-555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6011 (Telephone), (604) 666-8453 (Facsimile), RMIC-PACIFIC@PAC.DFO-MPO.GC.CA (Electronic mail).

11.5. Any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, shall be permitted to mount an electronic tracking device on any vessel that is engaged in the disposal at sea activities authorized by this permit. The Permittee shall take all reasonable measures to ensure there is no tampering with the tracking device and no interference with its operation. The tracking device shall be removed only by an enforcement officer or by a person with the written consent of an enforcement officer.

11.6. The Permittee must report to the Regional Director, Environmental Protection Branch, Pacific and Yukon Region, within 10 days of completion of loading at each loading site, the nature and quantity of material disposed of pursuant to the permit and the dates on which the activity occurred.

11.7. The Permittee must submit to the Regional Director, Environmental Protection Branch, within 30 days of the expiry of the permit, a list of all work completed pursuant to the permit, the nature and quantity of material disposed of and the dates on which the activity occurred.

B. J. O'DONNELL
Environmental Protection
Pacific and Yukon Region

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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. 4543-2-03298 is approved.

1. Permittee: Matcon Civil Constructors Inc., Langley, British Columbia.

2. Type of Permit: To load or dispose of inert, inorganic geological matter.

3. Term of Permit: Permit is valid from June 10, 2002, to June 9, 2003.

4. Loading Site(s): Various approved sites in the lower mainland, at approximately 49°16.35' N, 123°06.70' W.

5. Disposal Site(s): Point Grey Disposal Site: 49°15.40' N, 123°22.10' W, at a depth of not less than 210 m.

The following position-fixing procedures must be followed to ensure disposal at the designated disposal site:

(i) The vessel must call the Marine Communications and Traffic Services (MCTS) Centre upon departure from the loading site and inform MCTS that it is heading for a disposal site;
(ii) Upon arrival at the disposal site and prior to disposal, the vessel must again call MCTS to confirm its position. Disposal can proceed if the vessel is on the designated site. If the vessel is not within the disposal site boundaries, MCTS will direct it to the site and advise when disposal can proceed; and
(iii) The vessel will inform MCTS when disposal has been completed prior to leaving the disposal site.

6. Route to Disposal Site(s) : Direct.

7. Method of Loading and Disposal: Loading by conveyor belts or trucks and disposal by bottom dump scow or end dumping.

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

9. Total Quantity to Be Disposed of: Not to exceed 100 000 m³.

10. Material to Be Disposed of: Inert, inorganic geological matter comprised of clay, silt, sand, gravel, rock and other material typical of the excavation site. All wood, topsoil, asphalt and other debris are to be segregated for disposal by methods other than disposal at sea.

11. Requirements and Restrictions:

11.1. The Permittee must notify the permit issuing office in writing and receive written approval for each loading site prior to any loading or disposal. The written notification must include the following information:

(i) the co-ordinates of the proposed loading site;
(ii) a site map showing the proposed loading site relative to known landmarks or streets;
(iii) a figure showing the legal water lots impacted by the proposed dredging or loading activities, giving the spatial delineations of the proposed dredge site within these water lots;
(iv) all analytical data available for the proposed loading site;
(v) the nature and quantity of the material to be loaded and disposed of;
(vi) the proposed dates on which the loading and disposal will take place; and
(vii) the site history for a proposed loading site.

Additional requirements may be requested by the permit issuing office.

11.2. The Permittee must ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of any restrictions or conditions identified in the permit and of the possible consequences of any violation of these conditions. A copy of the permit and the letter of transmittal must be carried on all towing vessels and loading platforms or equipment involved in disposal at sea activities. A copy of the written approval for the appropriate loading site must be displayed with each copy of the permit posted at the loading sites.

11.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.

11.4. Contact must be made with the Canadian Coast Guard, Regional Marine Information Centre (RMIC), regarding the issuance of a "Notice to Shipping." The RMIC is located at 2380555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6012 (Telephone), (604) 666-8453 (Facsimile), RMIC-PACIFIC@PAC.DFO-MPO.GC.CA (Electronic mail).

11.5. Any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, shall be permitted to mount an electronic tracking device on any vessel that is engaged in the disposal at sea activities authorized by this permit. The Permittee shall take all reasonable measures to ensure there is no tampering with the tracking device and no interference with its operation. The tracking device shall be removed only by an enforcement officer or by a person with the written consent of an enforcement officer.

11.6. The Permittee must report to the Regional Director, Environmental Protection Branch, Pacific and Yukon Region, within 10 days of completion of loading at each loading site, the nature and quantity of material disposed of pursuant to the permit and the dates on which the activity occurred.

11.7. The Permittee must submit to the Regional Director, Environmental Protection Branch, within 30 days of the expiry of the permit, a list of all work completed pursuant to the permit, the nature and quantity of material disposed of and the dates on which the activity occurred.

A. MENTZELOPOULOS
Environmental Protection
Pacific and Yukon Region

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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. 4543-2-04242 is approved.

1. Permittee: Department of Public Works and Government Services, Quebec Region.

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

3. Term of Permit: Permit is valid from June 15 to September 15, 2002.

4. Loading Site(s): Dredging area of L'Anse-à-Beaufils; Harbour, 48°28.33' N, 64°18.32' W (NAD83).

5. Disposal Site(s): (a) Disposal Site AB-5, 48°27.00' N, 64°15.00' W (NAD83); and (b) L'Anse-à-Beaufils; Harbour, 48°28.33' N., 64°18.32' W (NAD83).

6. Route to Disposal Site(s): (a) A distance of 4.8 km southeast of L'Anse-à-Beaufils; Harbour; and (b) Not applicable.

7. Equipment: Clamshell or hydraulic dredge, towed scow, steel beam or scraper blade.

8. Method of Disposal: (a) Dredging with a clamshell or hydraulic dredge and disposal with a towed scow; and (b) Levelling of the seabed by a steal beam or a scraper blade.

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

10. Total Quantity to Be Disposed of: Not to exceed 2 000 m³ scow measure.

11. Material to Be Disposed of: Dredged material consisting of sand, silt, clay and colloids, and gravel.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report in writing to the Regional Director, Environmental Protection Branch, Department of the Environment, Quebec Region, 105 McGill Street, 4th Floor, Montréal, Quebec H2Y 2E7, (514) 283-4423 (Facsimile), immersion.qc@ec.gc.ca (Electronic mail), at least 48 hours prior to the first disposal operation pursuant to this permit.

12.2. The Permittee shall submit a written report to the Regional Director, identified in paragraph 12.1., within 30 days of the expiry of the permit. This report shall contain the Registry of Ocean Disposal Operations, mentioned in paragraph 12.5., and contain the following information: the quantity and type of material disposed of pursuant to the permit, the equipment used, 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, aircraft, platform or anthropogenic structure directly related to the loading or ocean disposal referred to under this permit, at any reasonable time throughout the duration of this permit.

12.4. A copy of this permit must, at all times, be kept aboard any vessel involved in the disposal operations.

12.5. The Permittee must complete the Registry of Ocean Disposal Operations as provided by the Department of the Environment. This registry must, at all times, be kept aboard the vessel involved in the disposal operations and be accessible to inspectors designated under the Canadian Environmental Protection Act, 1999.

12.6. The Permittee must signal the Canadian Coast Guard station at Rivière-au-Renard immediately before leaving port to begin disposal operations at the disposal site. The Permittee must record these communications in the registry mentioned in the previous paragraph.

12.7. The Permittee shall mark out the disposal site with buoys for the entire duration of disposal operations.

12.8. The loading or ocean disposal referred to under this permit shall not be carried out without written authorization from the Permittee.

12.9. The fee prescribed by the Ocean Disposal Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.

M.-F. BÉRARD
Environmental Protection
Quebec Region

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DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendments

Interim Marketing Authorization

Fenhexamid is registered under the Pest Control Products Act as a fungicide for the control of gray mold on grapes and strawberries. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of fenhexamid resulting from this use at 6 parts per million (p.p.m.) in raisins, 4 p.p.m. in grapes, 3 p.p.m. in strawberries, 6 p.p.m. in apricots, cherries and peaches/nectarines, 0.5 p.p.m. in plums and 0.02 p.p.m. in almonds imported into Canada. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the MRL for other foods is 0.1 p.p.m.

The Pest Management Regulatory Agency (PMRA) of Health Canada has recently approved an application to amend the registration of fenhexamid, allowing its use for the control of grey mold on blackberries, loganberries and raspberries. It is also necessary to establish an MRL for residues of fenhexamid resulting from this use in blackberries, loganberries and raspberries, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new use of a pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. The registration of the pest control product will be amended if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

After the review of all available data, the PMRA has determined that an MRL for fenhexamid of 20 p.p.m. in blackberries, loganberries and raspberries would not pose an unacceptable health risk to the public.

The use of fenhexamid on blackberries, loganberries and raspberries will provide joint benefits to consumers and the agricultural industry as a result of improved management of pests. In addition, this use will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

Therefore, it is the intention of the PMRA to recommend that the Food and Drug Regulations be amended to establish an MRL for fenhexamid of 20 p.p.m. in blackberries, loganberries and raspberries.

As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) is being issued to permit the immediate sale of blackberries, loganberries and raspberries with an MRL for fenhexamid of 20 p.p.m. while the regulatory process to amend the Regulations is undertaken.

April 16, 2002

DIANE GORMAN
Assistant Deputy Minister
Health Products and Food Branch

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGTP-003-02 — Consultation on a Request to Modify the Treatment of Enhanced Specialized Mobile Radio Systems under the Mobile Spectrum Cap Policy

The Department has received a request from TELUS Mobility (hereafter referred to as TELUS) to modify the treatment of Enhanced Specialized Mobile Radio (ESMR) systems under the provisions of the spectrum cap policy. This policy limits the amount of spectrum any entity can hold in order to foster competition in the cellular industry, as outlined in Radio Systems Policy RP-021, Revision to the PCS Spectrum Cap and Timing for Licensing Additional PCS Spectrum, November 1999. Currently, spectrum used by ESMR systems is taken into account in a similar fashion as spectrum used for cellular and Personal Communications Systems (PCS).

TELUS' spectrum holdings are approaching the spectrum cap limit of 55 MHz in major urban areas. In its submission to the Department, TELUS elaborated on how the spectrum cap is limiting the growth of their ESMR network and service to customers.

TELUS has noted Industry Canada's intention to review the spectrum cap in conjunction with the release of additional mobile spectrum. TELUS has indicated that this time frame will significantly constrain its ESMR service offerings in a number of areas in Canada.

As the Department does not intend to launch a full review of the existing 55 MHz mobile spectrum cap until the consultation process begins for the allocation and licensing of additional spectrum for advanced mobile systems, a limited consultation on the treatment of spectrum for ESMR systems is warranted. This notice announces the release of a consultation paper inviting written comments on TELUS' request, and replies on those comments.

Invitation to Comment

The Department of Industry invites submissions, preferably in electronic format, from all interested parties on the issues raised for comments in the consultation paper. This Notice is available electronically at:

World Wide Web (WWW)

http://strategis.gc.ca/spectrum

or can be obtained in hard copy, for a fee, from: Tyrell Press Ltd., 2714 Fenton Road, Gloucester, Ontario K1T 3T7, sales1@ tyrellpress.ca (Electronic mail), 1-800-267-4862 (Canada toll-free telephone), 1-800-574-0137 (United States toll-free telephone), (613) 822-0740 (Worldwide telephone), (613) 822-1089 (Facsimile); and DLS, St. Joseph Print Group Inc., 45 Sacré-Cœur Boulevard, Hull, Quebec K1A 0S7, 1-888-562-5561 (Canada toll-free telephone), 1-800-565-7757 (Canada toll-free facsimile), (819) 779-4335 (Worldwide telephone), (819) 779-2833 (Worldwide facsimile).

Respondents are strongly encouraged to provide their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to facilitate posting on the Department's Web site. Documents submitted should be sent with a note specifying the software, version number and operating system used. All comments should make reference to "Comments — Canada Gazette Notice DGTP-003-02" and be sent to the following Internet address: Wireless@ic.gc.ca.

Written submissions should be addressed to the Director General, Telecommunications Policy Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8. All representations should cite the Canada Gazette, Part I, publication date, the title, and the notice reference number (DGTP-003-02). To ensure there is time to consider all comments, submissions must be received by June 10, 2002.

Shortly after the close of the comment period, all comments received will be posted on Industry Canada's Web site at: http://strategis.ic.gc.ca/spectrum.

Reply comments will be accepted until June 25, 2002. These reply comments should be sent to the Internet address Wireless@ic.gc.ca. Reply comments will also be made available to the public via Industry Canada's Web site. All submissions must cite the Canada Gazette, Part I, publication date, the title and the notice reference number (DGTP-003-02). Submissions can also be submitted by mail to the Director General, Telecommunications Policy Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8.

May 3, 2002

MICHAEL HELM
Director General
Telecommunications Policy Branch

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NOTICE OF VACANCY

CANADIAN GRAIN COMMISSION

Chief Commissioner (Full-time Position)

The Canadian Grain Commission is a regulatory agency responsible primarily for representing the interests of Canadian grain producers, establishing and maintaining standards of grain quality and regulating grain-handling in Canada to ensure a dependable commodity for domestic and export markets. The Commission provides a wide variety of services to the grain industry, including grain inspection, grain weighing supervision, grain quality research, grain statistics dissemination and others.

Location: Winnipeg, Manitoba

The ideal candidate will have a university degree in a relevant field of study, or a combination of equivalent education, job-related training and experience. The preferred candidate will also have significant management experience, at the senior level, in a private or public sector organization, including knowledge of sound management principles and of the operation of Government.

A proven aptitude for developing and maintaining effective liaison with a broad range of stakeholders, such as grain licensees, producers, dealers and other industry participants, the media, the public at large and policy makers at all levels, is essential. The chosen candidate will be innovative, energetic, an independent thinker and will have integrity and sound judgement. The ideal candidate will possess superior interpersonal and communication skills and the ability to assimilate, interpret and respond strategically and reasonably to complex situations, including the capacity to anticipate the short- and long-term consequences of his or her strategies.

Experience in Canada's grain handling industry and the quality control system for Canadian grains and oilseeds is also required. In addition, the successful candidate will be knowledgeable of the Canada Grain Act and the Canadian Wheat Board Act, and their Regulations, and be familiar with factors relevant to agricultural economics, a rapidly evolving industry, and the financial implications of the Commission's decisions and policies.

The chosen candidate must be prepared to relocate to Winnipeg, Manitoba, or to a location within reasonable commuting distance. The candidate must be willing to travel regularly within Canada and abroad to attend meetings in support of the Commission's activities.

Proficiency in both official languages is a definite asset.

The chosen candidate is not eligible to be appointed Chief Commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, he or she is engaged in commercial dealings in grain or the carriage of grain, or has any pecuniary or proprietary interest in grain or the carriage of grain, other than as a producer of grain.

The selected candidate will also be subject to the Conflict of Interest and Post-Employment Code for Public Office Holders. Before or upon assuming their 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 Counsellor, 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 Confidential Report, visit the Office of the Ethics Counsellor's Web site at http://strategis.ic.gc.ca/ethics.

This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates. 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.

Please send your curriculum vitae by June 3, 2002, to the Director of Appointments, Prime Minister's Office, Langevin Block, 80 Wellington Street, Ottawa, Ontario K1A 0A2, (613) 957-5743 (Facsimile).

Further information is available on request.

Bilingual notices of vacancies will be produced in alternative format (i.e. audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Communication Canada, Ottawa, Canada K1A 0S9, (819) 956-4800 or 1-800-635-7943.

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PRIVY COUNCIL OFFICE

ELECTORAL BOUNDARIES READJUSTMENT ACT

Appointment

Whereas the Governor in Council has established, by proclamation, published in the Canada Gazette on May 8, 2002, an electoral boundaries commission for each province, in respect of the 2001 decennial census;

Whereas, as a result of the resignation of Mr. Justice Yvan Macerola, the office of the chairperson for the Electoral Boundaries Commission for Quebec has become vacant;

And whereas the chief justice of the province of Quebec has appointed Mr. Justice Bernard Flynn to fill the vacancy, and notice of this appointment has been forwarded to the Minister of State and Leader of the Government in the House of Commons;

Therefore, pursuant to subsection 9(3) of the Electoral Boundaries Readjustment Act, notice is hereby given of this appointment.

RALPH GOODALE
Minister of State and Leader of the
Government in the House of Commons

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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;

AND WHEREAS the Board of Directors of the Authority has requested that the Minister of Transport issue Supplementary Letters Patent amending the Letters Patent to reflect the recent constitution of the City of Trois-Rivières, effective January 1, 2002, made by Order in Council 851-2001, dated July 4, 2001 and amalgamating the cities of Trois-Rivières, Trois-Rivières-Ouest and Cap-de-la-Madeleine, among others;

NOW THEREFORE under the authority of section 9 of the Canada Marine Act, the Letters Patent are amended as follows:

1. Subsection 4.2(a) of the Letters Patent is replaced by the following:

(a) the Director appointed by the Governor in Council on the nomination of the Minister, the Director appointed by the City of Trois-Rivières and the Director appointed by the Province of Quebec shall have generally acknowledged and accepted stature within the transportation industry or the business community; and

2. Subsection 4.3(a) of the Letters Patent is replaced by the following:

(a) an individual who is a mayor, councilor, officer or employee of the City of Trois-Rivières;

3. Subsection 4.7(b) of the Letters Patent is replaced by the following:

(b) the City of Trois-Rivières appoints one individual;

4. Subsection 4.20(a) is replaced by the following:

(a) no later than (4) months prior to the expiry of the term of a Director appointed by the Governor in Council under subsection 4.7(a), by the City of Trois-Rivières or its predecessors under subsection 4.7(b), by the Province of Quebec under subsection 4.7(c) or the Governor in Council under subsection 4.7(d) of these Letters Patent, notify the appropriate Appointing Body that the term of their appointee on the Board is about to expire and request a new or renewed appointment;

ISSUED under my hand to be effective this 1st day of May, 2002.

The Honourable David M. Collenette, P.C., M.P.
Minister of Transport

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DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

CANADA SHIPPING ACT

Ship-source Oil Pollution Fund

Pursuant to section 91 (see footnote a)  of the Marine Liability Act (the Act) and the Ship-source Oil Pollution Fund Regulations made pursuant to paragraph 714(3)(b) (see footnote b)  of the Canada Shipping Act, the maximum aggregate liability of the Ship-source Oil Pollution Fund in respect of any particular occurrence during the fiscal year commencing April 1, 2002, will be $136,281,117.60.

DAVID M. COLLENETTE
Minister of Transport

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DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

CANADA SHIPPING ACT

Ship-source Oil Pollution Fund

Pursuant to section 94 (see footnote c)  of the Marine Liability Act (the Act) and the Ship-source Oil Pollution Fund Regulations made pursuant to paragraph 717(3)(b) (see footnote d)  of the Canada Shipping Act, the amount of the levy in respect of payments into the Ship-source Oil Pollution Fund required by subsection 93(2) (see footnote e)  of the Act would be 40.87 cents if the levy were to be imposed pursuant to subsection 95(1) (see footnote f)  of the Act during the fiscal year commencing April 1, 2002.

DAVID M. COLLENETTE
Minister of Transport

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DEPARTMENT OF TRANSPORT

MOTOR VEHICLE SAFETY ACT

Notice of Publication of Revision 1 of Technical Standards Document No. 305, "Electrolyte Spillage and Electrical Shock Protection"

Notice is hereby given, pursuant to section 12 of the Motor Vehicle Safety Act and sections 16 and 17 of the Motor Vehicle Safety Regulations, that the Department of Transport has revised Technical Standards Document (TSD) No. 305, "Electrolyte Spillage and Electrical Shock Protection," which specifies requirements for limitation of electrolyte spillage, retention of propulsion batteries during a crash, and electrical isolation of the chassis from the high-voltage system, to be met by vehicles that use electricity as propulsion power. Revision 1 of TSD No. 305 is effective as of the date of publication of this notice and will become enforceable six months thereafter. Vehicles manufactured during the six-month interim period may conform to the requirements of either Revision 0 or Revision 1.

TSD No. 305 is incorporated by reference in section 305 of the Motor Vehicle Safety Regulations, and it reproduces U.S. Federal Motor Vehicle Safety Standard No. 305, titled "Electric-powered vehicles: Electrolyte spillage and electrical shock protection." This revision adopts the changes made in the Final Rule issued by the National Highway Traffic Safety Administration of the United States Department of Transportation that was published in the Federal Register of December 3, 2001 (Vol. 66, No. 232, p. 60157).

Revision 1 makes three changes whose purpose is to clarify the requirements governing electric and hybrid-electric vehicles. Section 3 now states that the TSD applies to subject vehicles that use more than 48 nominal volts of electricity as propulsion power. The test condition for battery state of charge specified in S7.1 have been expanded to cover vehicles whose batteries are rechargeable only by an energy source on the vehicle. Finally, the requirements contained in subsection 7.6.1, which govern how the electrical isolation measurement after impact is to be made, now distinguish between vehicles whose automatic disconnect is physically contained within the battery pack system and those whose automatic disconnect is not.

Copies of Revision 1 of TSD No. 305 may be obtained on the Internet at: www.tc.gc.ca/RoadSafety/mvstm_tsd/indextsd.htm. Any comments on Revision 1 of TSD No. 305 should be directed to Winson Ng, Regulatory Development Engineer, at the following address: Standards and Regulations Division, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-1949 (Telephone), (613) 990-2913 (Facsimile), Ngwk@tc.gc.ca (Internet address).

Y. IAN NOY
Director
Standards Research and Development
For the Minister of Transport

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BANK OF CANADA

Balance Sheet as at April 24, 2002

BANK OF CANADA

Balance Sheet as at April 30, 2002

BANK OF CANADA

Balance Sheet as at May 1, 2002

Footnote a 

S.C. 2001, c. 6

Footnote b 

R.S. 1985, c. 6 (3rd Supp.)

Footnote c 

S.C. 2001, c. 6

Footnote d 

R.S. 1985, c. 6 (3rd Supp.)

Footnote e 

S.C. 2001, c. 6

Footnote f 

S.C. 2001, c. 6

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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