Vol. 136, No. 22 — June 1, 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. 4543-2-06174 is approved.

1. Permittee: Husky Oil Operations Ltd., St. John's, Newfoundland and Labrador.

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

3. Term of Permit: Permit is valid from July 2, 2002, to July 1, 2003.

4. Loading Site(s): 46°46.20' N, 48°00.60' W (NAD83), south glory hole; 46°51.70' N, 48°03.70' W (NAD83), north glory hole; 46°47.40' N, 48°02.60' W (NAD83), central glory hole; these sites are the glory hole locations at the White Rose Field, Grand Banks, approximately 350 km southeast of St. John's, Newfoundland and Labrador.

5. Disposal Site(s): 46°46.20' N, 48°00.60' W (NAD83), south glory hole; 46°51.70' N, 48°03.70' W (NAD83), north glory hole; 46°47.40' N, 48°02.60' W (NAD83), central glory hole; material dredged from each glory hole will be deposited 10 to 20 m from the edge of the hole. The glory holes are at depths of 115 to 130 m.

6. Equipment: FPV Seahorse.

7. Method of Disposal: Dredged material will be carried underwater directly from the loading site to the disposal site in one of two clamshell buckets and discharged 5 m above the seabed.

8. Rate of Disposal: Average hourly rate using the 16 m³ bucket is 104 m³ per hour; for the 10 m³ bucket the rate is 84 m³ per hour.

9. Total Quantity to Be Disposed of: Not to exceed 132 000 m³ place measure.

10. Waste and Other Matter to Be Disposed of: Dredged material consisting of sand, silt, clay, gravel, boulders and cobble.

11. Requirements and Restrictions:

11.1. The Permittee shall notify in writing, by facsimile or by electronic mail, 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 24 hours prior to each occasion that the dredging equipment is mobilized to a dredge site. The notification shall include on-site contacts and the expected period of dredging.

11.2. The Permittee shall submit a written report 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.

11.3. 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.

11.4. Use of drilling muds or additives is prohibited.

11.5. Blasting at the site is prohibited.

11.6. A Shipboard Oil Pollution Emergency Plan shall be prepared by the Permittee and approved by Environment Canada prior to the commencement of project activities. The plan shall include a monitoring program designed to gather data on sea birds and approved by the Canadian Wildlife Service.

11.7. An Authorization for Works or Undertakings Affecting Fish Habitat issued by the Department of Fisheries and Oceans for this project shall be obtained by the Permittee prior to the commencement of project activities.

11.8. A copy of this permit and the Shipboard Oil Pollution Emergency Plan shall be available on site at all times when dredging operations are underway.

11.9. The Permittee shall report all oiled bird sightings by project personnel to Environment Canada, by contacting the Canadian Coast Guard Operations Centre within 24 hours of each incident. The Permittee shall document and report to Environment Canada, in a timely manner, all bird collisions with project vessels.

11.10. The Permittee shall provide advance notice to mariners of project activities through "Notice to Ships" and "Notice to Mariners" submitted to Maritime Communications and Traffic Service (MCTS) St. John's.

11.11. The dredging or ocean disposal referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

K. G. HAMILTON
Environmental Protection
Atlantic 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. 4543-2-06189 is approved.

1. Permittee: Happy Adventure Sea Products (1991) Ltd., Happy Adventure, 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 July 1, 2002, to June 30, 2003.

4. Loading Site(s): 48°38.00' N, 53°46.00' W, Happy Adventure, Newfoundland and Labrador.

5. Disposal Site(s): 48°37.08' N, 53°44.00' W, at an approximate depth of 150 m.

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

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 500 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 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

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DEPARTMENT OF FISHERIES AND OCEANS

CANADA SHIPPING ACT

Statement by the Minister of Fisheries and Oceans Regarding the Bulk Oil Cargo Fees Established by Western Canada Marine Response Corporation

Whereas, pursuant to subsection 660.4(1) (see footnote 1)  of the Canada Shipping Act (see footnote 2)  (the Act), Western Canada Marine Response Corporation has been designated as a response organization since November 1995;

Whereas, pursuant to subsection 660.4(3) (see footnote 3)  of the Act, (see footnote 4)  the Minister caused a list of the amended bulk oil cargo fees proposed by Western Canada Marine Response Corporation to be published in the Canada Gazette, Part I, on December 8, 2001;

Whereas, pursuant to subsection 660.4(4) (see footnote 5)  of the Act, (see footnote 6)  no notices of objection were filed with respect to the amended bulk oil cargo fees proposed by Western Canada Marine Response Corporation;

Whereas, the Minister has given full and proper consideration to all relevant information before him;

And whereas, the Minister of Fisheries and Oceans, pursuant to subsection 660.4(8) (see footnote 7)  of the Act, (see footnote 8)  approved the annexed fees;

Therefore, the Minister of Fisheries and Oceans, pursuant to subsection 660.4(8) (see footnote 9)  of the Act (see footnote 10) , hereby causes the annexed fees established by Western Canada Marine Response Corporation to be published.

ROBERT G. THIBAULT
Minister of Fisheries and Oceans

LIST OF THE BULK OIL CARGO FEES ESTABLISHED BY WESTERN CANADA MARINE RESPONSE CORPORATION

DEFINITIONS

1. In this List:

"Act" means the Canada Shipping Act. (Loi)

"asphalt" means a derivate of oil that is commercially described as road or paving asphalt or unblended roofers flux, that has a specific gravity equal to or greater than one, that is solid at 15 degrees Celsius and that sinks to the bottom as a solid when immersed in water. (asphalte)

"BOCF" means bulk oil cargo fee. (droits sur les produits pétroliers en vrac (DPPV))

"designated oil handling facility" means an oil handling facility that is designated pursuant to subsection 660.2(8) of the Act and is located in WCMRC's geographic area. (installation de manutention d'hydrocarbures agréée)

"ship" means a ship within the meaning of section 660.2(1) of the Act. (navire)

"ship (bulk oil)" means a ship that is constructed or adapted primarily to carry bulk oil in its cargo spaces. (navire (avec produits pétroliers en vrac))

BULK OIL CARGO FEES

2. Effective January 1, 2002, the bulk oil cargo fees that are payable to WCMRC in relation to an arrangement required by paragraphs 660.2(2)(b) and 4(b) of the Act are the bulk oil cargo fees set out in Part I of this Schedule.

3. Nothing in this Schedule is intended to modify, replace or amend the registration fees established by, and payable to, WCMRC and published in the August 21, 1999 edition of the Canada Gazette, Part I.

4. The total BOCF payable by a designated oil handling facility that has an arrangement with WCMRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the designated oil handling facility, by the BOCF per tonne for each type of oil set out in sections 6 and 7 of this part.

5. The total BOCF payable by a ship (bulk oil) shall be determined:

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that is within WCMRC's geographic area, and that does not have an arrangement with WCMRC, by the BOCF per tonne for each type of oil set out in sections 6 and 7 of this part;
(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that is within WCMRC's geographic area, and that does not have an arrangement with WCMRC, by the BOCF per tonne for each type of oil set out in sections 6 and 7 of this part;
(c) in the case of bulk oil loaded onto the ship (bulk oil) outside WCMRC'S geographic area which is transferred within WCMRC's geographic area to another ship for use as fuel by such ship, by multiplying the total number of tonnes of bulk oil transferred, by the BOCF per tonne for each type of oil set out in sections 6 and 7 of this part; and
(d) in the case of bulk oil received by the ship (bulk oil) within WCMRC's geographic area from another ship as cargo where such bulk oil is intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil received by the BOCF per tonne for each type of oil set out in sections 6 and 7 of this part.

7. The BOCF applicable in respect of asphalt is twenty-four and seven-tenths cents ($0.247) per tonne, plus all applicable taxes.

EXPLANATORY NOTE

The Canada Shipping Act (CSA) was amended in 1993 to enhance the environmental protection of all Canadian waters south of 60° north latitude through the establishment of industry-funded and managed Response Organizations (ROs) capable of mounting an oil spill response to a marine-based incident. The Minister of Fisheries and Oceans is responsible for certifying that ROs meet the required standards to be formally designed as a certified RO. The Canada Coast Guard (CCG), of the Department of Fisheries and Oceans, fulfils this responsibility on behalf of the Minister. CCG also maintains responsibility for ensuring response in Canadian waters north of 60° north latitude.

In accordance with the provisions of the CSA, certain ships and oil handling facilities (OHFs) are required to have an oil spill preparedness arrangement with a certified RO for the provision of response in the event of an oil spill.

Four ROs, each capable of providing response to a 10 000-tonne oil spill within specified geographic areas of response, have been certified by CCG as follows:

— Atlantic Emergency Response Team (ALERT) Inc.

— Eastern Canada Response Corporation (ECRC)

— Point Tupper Marine Services Ltd. (PTMS)

— Western Canada Marine Response Corporation (WCMRC)

The CSA provides for the amendment of fees established by a certified RO at any time during its period of certification.

WCMRC's proposal to amend its bulk oil cargo fees was published by CCG, on behalf of the Minister, on December 8, 2001, in Part I of the Canada Gazette, with an effective date of January 1, 2002. The Minister approved these proposed fees, without amendment, by Order, on May 3, 2002. WCMRC established its fees in accordance with the Minister's Order on May 13, 2002. The bulk oil cargo fees which have been established by WCMRC, are the bulk oil cargo fees that are payable in relation to an arrangement with WCMRC.

For information regarding the Minister's Order, please contact Nora McCleary, Canadian Coast Guard, Safety and Environmental Response Systems, 200 Kent Street, 5th Floor, Ottawa, Ontario K1A 0E6, (613) 990-6718 (Telephone), (613) 996-8902 (Facsimile), mcclearyn@dfo-mpo.gc.ca (Electronic mail).

For more information regarding WCMRC and its fees, please contact Mr. Kevin Gardner, President/General Manager, Western Canada Marine Response Corporation, P.O. Box 82070, Burnaby, British Columbia V5C 5P2, (604) 294-6001 (Telephone), (604) 294-6003 (Facsimile), http://www.burrardclean.com (Web site).

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DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendments

Interim Marketing Authorization

Permethrin is registered under the Pest Control Products Act as an insecticide for the control of numerous pests on a variety of vegetable, fruit and cereal crops. Maximum Residue Limits (MRLs) have been established under the Food and Drugs Act for residues of permethrin resulting from this use at 20 parts per million (p.p.m.) in leaf lettuce, 10 p.p.m. in head lettuce, 2 p.p.m. in grapes, 1 p.p.m. in apples, peaches/nectarines and pears, and 0.5 p.p.m. in beans, broccoli, Brussels sprouts, cabbage, cucumbers, peppers, plums and tomatoes, and at 20 p.p.m. in spinach and 5 p.p.m. in celery imported into Canada. MRLs have also been established at 0.2 p.p.m. in milk and other dairy products, and 0.1 p.p.m. in fat, meat and meat by-products of cattle and poultry to cover residues in food derived from animals fed with crops treated with permethrin. By virtue of subsection B.15.002(1) of the Food and Drug Regulations (the 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 permethrin in order to allow its use for the control of caterpillars and flea beetles on wasabi. It is also necessary to establish an MRL for residues of permethrin resulting from this use in wasabi, 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 permethrin of 0.5 p.p.m. in wasabi would not pose an unacceptable health risk to the public.

The use of permethrin on wasabi 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 permethrin of 0.5 p.p.m. in wasabi.

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 wasabi with an MRL for permethrin of 0.5 p.p.m. while the regulatory process to amend the Regulations is undertaken.

May 9, 2002

DIANE GORMAN
Assistant Deputy Minister
Health Products and Food Branch

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Application for Surrender of Charter

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, an application for surrender of charter was received from:

May 24, 2002

ROBERT WEIST
Acting Director
Incorporation and Disclosure
Services Branch

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Letters Patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, letters patent have been issued to:

May 24, 2002

ROBERT WEIST
Acting Director
Incorporation and Disclosure
Services Branch

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary Letters Patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to:

May 24, 2002

ROBERT WEIST
Acting Director
Incorporation and Disclosure
Services Branch

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary Letters Patent — Name Change

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to:

May 24, 2002

ROBERT WEIST
Acting Director
Incorporation and Disclosure
Services Branch

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGTP-004-02 — Revision to the 1992 Spectrum Policy Framework for Canada

Intent

The intent of this notice is to announce the release of a revision to the 1992 Spectrum Policy Framework for Canada (Framework) which reflects current policies and practices. In addition, Industry Canada is initiating a process, with public consultation, that will lead to the development over the next few years of a renewed Framework that will be more responsive to the evolving communications environment in the longer term.

Background

The Framework contains a set of Core Objectives and Policy Guidelines that provides the fundamental basis for the Department's spectrum policy and management program. The Department's experience in applying the objectives and policy guidelines of the 1992 Framework has been positive. However, there have been significant changes since the issuance of the Framework in 1992. New types of radio communication systems have emerged which necessitate changes in both spectrum policy and management. Also there have been fundamental changes in the telecommunications industry with the advent of the Internet age and increased competition and convergence in the delivery of telecommunication and broadcasting services. In response to these changes, the Department has introduced new approaches and policies over the past few years for the effective management of spectrum. Some examples of these initiatives include, marketbased licensing, spectrum licences and the broader utilization of frequency allocations. In order to keep pace with current developments, the Department is issuing a revision updating the 1992 Framework.

Discussion

A revision updating the 1992 Framework is issued based on the modifications previously made to specific aspects of the Department's spectrum policy and management program. As these particular modifications to the spectrum policy and management program have been made following the normal process of public consultation, the Department is of the view that it is unnecessary to solicit general public comment on this updated Framework. Nevertheless, the Department will consider any public comment on the completeness of the updated Framework in a future revision or amendment. Looking towards the future, the Department anticipates a number of profound changes in the delivery of telecommunications, broadcasting and new media. It is anticipated that there will be an increased reliance on commercial factors in establishing radiocommunications policy and procedures that will facilitate the most appropriate use of the radio spectrum. Common digital infrastructures will increasingly cater to the convergence of multi-service delivery. As well, there will likely be a greater role for radiocommunications in national security.

In view of this situation, the Department believes that it is timely to commence a process of public discussion that will lead ultimately to a revamped Framework. In order to initiate the public discussion on the development of this renewed Framework, the following section includes a number of broad questions for consideration.

Invitation to Provide Ongoing Comments Towards the Development of a Renewed Spectrum Policy Framework for Canada

As discussed above, the Department is inviting public comment to contribute towards the development of a renewed Framework that will be responsive to Canadian radiocommunication needs for the longer term. The development of this renewed Framework is anticipated to take two years or so and include several phases. The Department now invites preliminary views, as to the issues that should be addressed in this consultation, and their potential resolution. To initiate discussion, several questions are offered for consideration. However, commentators are invited to address any matters within the scope of the development of this renewed Framework.

(a) What are the changes needed to the Framework's Core Objectives to better reflect the changing environment of spectrum users, the telecommunications and broadcasting industries, and evolving radiocommunications services?
(b) Which policy principles of spectrum use and management should be changed to be more responsive to the needs of priority services and to commercial services in an open market place?
(c) How can greater flexibility in the use of spectrum be introduced to let market forces seek the best commercial applications? What steps are necessary to ensure that the spectrum would be utilized and not hoarded?

The Department welcomes comment on an ongoing basis from interested parties on these and any other issues relevant to the development of the renewed Framework. In order to be fully considered, initial comments should be sent to Framework@ic.gc.ca by September 30, 2002, or preferably earlier. Comments will be posted, as received, on the Department's Web site at http:// strategis.gc.ca/spectrum.

Availability of Documentation

This notice and the revised Framework are available electronically as follows:

World Wide Web (WWW)

http://strategis.gc.ca/spectrum

or can be obtained in hard copy, for a fee, from 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), 1-819-779-4335 (World-wide telephone), 1-819-779-2833 (World-wide facsimile).

May 24, 2002

R. W. MCCAUGHERN
Director General
Spectrum Engineering Branch

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DEPARTMENT OF INDUSTRY

DEPARTMENT OF CANADIAN HERITAGE

INVESTMENT CANADA ACT

Guidelines — Filing Requirements for Investments Involving Businesses Engaged in Both Cultural and Non-cultural Business Activities

The following guidelines are issued by the Minister of Industry, responsible for the administration of the Investment Canada Act (the "Act") for all matters not transferred to the Minister of Canadian Heritage, and by the Minister of Canadian Heritage, responsible for the administration of Parts II to VI of the Act relating to the business activities prescribed by the Governor in Council under paragraph 15(a) of the Act.

The said prescribed business activities are set out in Schedule IV of the Investment Canada Regulations (the "Regulations") and, for the purposes of the present guidelines, will be referred to as "cultural business" while all other business activities will be referred to as "non-cultural business."

These guidelines are made under the authority of section 38 of the Act, to assist a non-Canadian in complying with filing requirements under the Act where the investment includes both a cultural business and a non-cultural business, except those non-cultural businesses specified in subsection 14.1(5) of the Act.

Where an investment includes both a non-cultural business specified in subsection 14.1(5) of the Act and a cultural business, please contact the Department of Industry ("Industry Canada"), Investment Review Division, and the Department of Canadian Heritage ("Canadian Heritage"), Cultural Sector Investment Review, to obtain more information regarding filing requirements.

The filing requirements described in these guidelines apply irrespective of the asset proportions of the non-cultural business and cultural business included in an investment. The dollar values indicated are the total value of the assets of the Canadian business, calculated as prescribed in the Regulations. All required notifications and applications should indicate the total asset value of the Canadian business being acquired, as well as the break-down into asset values of the cultural business and non-cultural business.

In all cases requiring notification to Canadian Heritage, the investment may become subject to review should the Governor in Council so order, pursuant to section 15 of the Act .

The words, expressions or terms used in the present guidelines shall have the meaning ascribed to them in the Act, unless otherwise indicated.

Investment to Establish a New Canadian Business

1. Where a non-Canadian establishes a new Canadian business, the non-Canadian shall file notifications with both Industry Canada and Canadian Heritage.

Direct Acquisitions of control of a Canadian business

2. Where a non-Canadian acquires control of a Canadian business pursuant to paragraphs 28(1)(a), 28(1)(b), 28(1)(c) and subparagraph 28(1)(d)(i) of the Act, the filing requirements are as follows:

(1) Where the non-Canadian is a World Trade Organization (WTO) investor, or is a non-Canadian other than a WTO investor ("non-WTO investor") acquiring a Canadian business controlled by a WTO investor immediately prior to the implementation of an investment, and

(a) where the value of the assets of the entity carrying on the Canadian business ("total asset value of the Canadian business") is less than $5 million, the non-Canadian shall file notifications with both Industry Canada and Canadian Heritage;
(b) where the total asset value of the Canadian business is $5 million or more but is less than the value calculated pursuant to subsection 14.1(2) of the Act ("annual WTO threshold value"), the non-Canadian shall file a notification with Industry Canada and an application with Canadian Heritage; and
(c) where the total asset value of the Canadian business is equal to or greater than the annual WTO threshold value, the non-Canadian shall file applications with both Industry Canada and Canadian Heritage, and

(a) where the total asset value of the Canadian business is less than $5 million, the non-Canadian shall file notifications with both Industry Canada and Canadian Heritage; and
(b) where the total asset value of the Canadian business is $5 million or more, the non-Canadian shall file applications with both Industry Canada and Canadian Heritage.

3. Where a non-Canadian acquires control of a Canadian business pursuant to subparagraph 28(1)(d)(ii) of the Act, the filing requirements are as follows:

(1) Where the non-Canadian is a WTO investor or a non-WTO investor acquiring a Canadian business controlled by a WTO investor immediately prior to the implementation of an investment, and

(a) where the total asset value of the Canadian business

(i) amounts to more than 50 percent of the value of the assets of all entities the control of which is acquired in a transaction of which the acquisition of control of the Canadian business forms part, as provided under subsection 14(2) of the Act ("worldwide assets") and where the total asset value of the Canadian business is $5 million or more; or
(ii) amounts to 50 percent or less of the value of the worldwide assets, and where the total asset value of the Canadian business is $50 million or more;

(i) subparagraph (a)(i) applies except that the total asset value of the Canadian business is less than $5 million; or
(ii) subparagraph (a)(ii) applies except that the total asset value of the Canadian business is less than $50 million,

(2) Where a non-Canadian is a non-WTO investor acquiring a Canadian business other than one controlled by a WTO investor immediately prior to the implementation of an investment, and

(a) where the total asset value of the Canadian business

(i) amounts to more than 50 percent of the value of the worldwide assets and where the total asset value of the Canadian business is $5 million or more; or
(ii) amounts to 50 percent or less of the value of the worldwide assets and where the total asset value of the Canadian business is $50 million or more;

(i) subparagraph (a)(i) applies except that the total asset value of the Canadian business is less than $5 million; or
(ii) subparagraph (a)(ii) applies except that the total asset value of the Canadian business is less than $50 million;

June 1, 2002

ALLAN ROCK
Minister of Industry

SHEILA COPPS
Minister of Canadian Heritage

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Footnote 1 

S.C. 1993, c. 36, s. 6

Footnote 2 

R.S.C. 1985, c. S-9

Footnote 3 

S.C. 1993, c. 36, s. 6

Footnote 4 

R.S.C. 1985, c. S-9

Footnote 5 

S.C. 1993, c. 36, s. 6

Footnote 6 

R.S.C. 1985, c. S-9

Footnote 7 

S.C. 1993, c. 36, s. 6

Footnote 8 

R.S.C. 1985, c. S-9

Footnote 9 

S.C. 1993, c. 36, s. 6

Footnote 10 

R.S.C. 1985, c. S-9

NOTICE:
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