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Vol. 136, No. 23 — June 8, 2002 GOVERNMENT NOTICESDEPARTMENT 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. 4543-2-03299 is approved. 1. Permittee: Fraser River Pile and Dredge Ltd., New Westminster, 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 July 15, 2002, to July 14, 2003. 4. Loading Site(s): (a) Interfor — McKenzie Seizai Division, Surrey, British Columbia, at approximately 49°13.02' N, 122°51.97' W; (b) Interfor — Avalon Dryland Sort Division, Port Mellon, British Columbia, at approximately 49°29.90' N, 123°29.40' W; (c) Interfor — Squamish Lumber Division, Squamish, British Columbia, at approximately 49°41.50' N, 123°08.00' W; (d) Interfor — Empire Logging, Squamish, British Columbia, at approximately 49°41.75' N, 123°09.05' W; (e) Interfor — Hammond Cedar Division, Maple Ridge, British Columbia, at approximately 49°12.22' N, 122°39.02' W; (f) Interfor — Western Whitewood Division, New Westminster, British Columbia, at approximately 49°11.83' N, 122°56.25' W; (g) Interfor — Acorn Forest Products Division, Delta, British Columbia, at approximately 49°10.40' N, 122°55.25' W; and (h) Interfor — Field Sawmills Ltd. Division, Courtenay, British Columbia, at approximately 49°41.25' N, 124°59.40' W. 5. Disposal Site(s): (a) Point Grey Disposal Site: 49º15.40' N, 123º22.10' W, at a depth of not less than 210 m; (b) Comox (Cape Lazo) Disposal Site: 49º41.70' N, 124º44.50' W, at a depth of not less than 190 m; (c) Sand Heads Disposal Site: 49º06.00' N, 123º19.50' W, at a depth of not less than 70 m; (d) Thornbrough Channel Disposal Site: 49º31.00' N, 123º28.30' W, at a depth of not less than 220 m; and (e) 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:
(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, with 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 49 000 m3. 10. Waste and Other Matter to Be Disposed of: Dredged material consisting of silt, sand, rock, wood wastes and other approved material typical to the approved loading site except logs and usable wood. 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 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, regarding the issuance of a "Notice to Shipping." The Permittee should contact the Regional Manager, Regional Marine Information Centre, 350-555 West Hastings, 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, including the nature and quantity of material disposed of and the dates on which the activity occurred.
A. MENTZELOPOULOS
[23-1-o] 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. 4543-2-04241 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 July 8 to July 22, 2002. 4. Loading Site(s): Dredging area of Port-Daniel-Est Harbour, 48°10.94' N, 64°57.69' W (NAD83), excluding zone B as described by figure 4182-1 attached to the letter dated April 14, 1998, and a 10-m band adjacent to the wharf. 5. Disposal Site(s): (a) Disposal Site PD-6, 48°08.10' N, 64°56.50' W (NAD83); and (b) Port-Daniel-Est Harbour, 48°10.94' N, 64°57.69' W (NAD83). 6. Route to Disposal Site(s): (a) A distance of 4.8 km south of the wharf of Port-Daniel-Est 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 by a scraper blade. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 4 000 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 Disposal at Sea Operations mentioned in paragraph 12.5., and contain the following information: the total 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 with the disposal operations. 12.5. The Permittee must complete the Registry of Disposal at Sea Operations as provided by the Department of Environment. This registry must, at all times, be kept aboard the vessel involved with 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 theses 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 Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.
M.-F. BÉRARD
[23-1-o] 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. 4543-2-06142 are amended as follows: 1. Permittee: Fogo Island Co-operative Society Ltd., Change Islands, Newfoundland and Labrador.
K. G. HAMILTON
[23-1-o] 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. 4543-2-06150 is approved. 1. Permittee: Saint John Port Authority, Saint John, New Brunswick. 2. Type of Permit: To load and dispose of dredged material. 3. Term of Permit: Permit is valid from July 8, 2002, to June 30, 2003. 4. Loading Site(s): Saint John Harbour and Courtenay Bay: 45°16.00' N, 66°04.00' W (NAD83). 5. Disposal Site(s): Site A: Black Point, 45°12.45' N, 66°00.97' W (NAD83); Site B: 45°13.45' N, 66°01.50' W (NAD83). 6. Route to Disposal Site(s): Within the designated shipping channel and from the seaward end of the shipping channel directly to the disposal sites. Project vessels shall return from the disposal sites following the same route. 7. Equipment: Clamshell dredge and towed or self-propelled barges. 8. Method of Disposal: Disposal shall take place within 200 m of the disposal site defined in the Disposal Management Plan. 9. Rate of Disposal: As required by normal operations. 10. Total Quantity to Be Disposed of: Not to exceed 400 000 m3 scow measure. 11. Waste and Other Matter to Be Disposed of: Dredged material consisting of gravel, sand, silt, and clay. 12. Requirements and Restrictions: 12.1. 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 and the dates on which the loading and disposal activities occurred. 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 $94,000 for the fee 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) 426-3897 (Facsimile), victor.li@ec.gc.ca (Electronic mail), prior to December 22, 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. Brian Keating, Department of Fisheries and Oceans, P.O. Box 281, Sussex, New Brunswick E0E 1P0, (506) 432-5081 (Facsimile), at least 48 hours prior to the commencement of the first loading operation to be conducted under this permit. 12.7. The Permittee shall notify the Fundy Traffic Centre, (506) 636-4696 (Telephone), prior to the commencement of the first dredging operation to be conducted under this permit. 12.8. A Vessel Tracking Plan designed to electronically monitor vessel traffic to and from the disposal sites shall be submitted to Mr. Victor Li, identified in paragraph 12.3. The plan shall be approved by the Department of the Environment prior to the commencement of the first loading operation to be conducted under this permit. 12.9. The Permittee shall ensure that precautions are taken to prevent releases of hazardous materials from dredging and disposal equipment and that a contingency plan in case of spills is prepared prior to dredging. The Permittee will submit a Disposal Management Plan to Mr. Victor Li, identified in paragraph 12.3., for approval prior to commencement of the project. 12.10. The loading of dredged materials authorized by this permit is restricted to the following locations: Navy Island Terminal (Berths Nos. 1 and 2); Rodney Terminal (Rodney Marginal, Centre, Rodney Slip and Berth No. 3); Terminal 12 (Berth No. 12 and Centre); Lower Cove Terminal (Lower Cove, Pugsley A, B and C); Long Wharf Terminal (Long Wharf Slip and Marginal) and Courtenay Bay (Courtenay Bay Channel, Basin, and Potash Terminal). The locations are described by the drawing "Dredging Quantities by Area" submitted in support of the permit application. 12.11. The loading and disposal of dredged materials authorized by this permit is restricted to site A to the following time periods: July 8 to November 12, 2002, and January 13 to June 30, 2003. During the period November 12 to January 13, site B will be used. It should also be noted that site B will receive the first 10 000 m3 of dredge material at the start of the project. 12.12. Notwithstanding Condition 12.10., any material originating in the "Restricted Area" of the Courtenay Bay Basin, identified in the drawing "Dredging Quantities by Area" submitted in support of the permit application, shall not be disposed of at sea. 12.13. The loading and disposal at sea authorized by this permit shall only be carried out by the Permittee or by any person with written approval from the Permittee. 12.14. A copy of this permit and documents referenced in this permit shall be available on site at all times when dredging operations are underway.
K. G. HAMILTON
[23-1-o] 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. 4543-2-06186 is approved. 1. Permittee: MoorFish Limited, Ship Cove, 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 August 14, 2002, to August 13, 2003. 4. Loading Site(s): 47°35.48' N, 53°12.06' W, Ship Cove, Newfoundland and Labrador; 47°35.29' N, 53°12.55' W, Port de Grave, Newfoundland and Labrador. 5. Disposal Site(s): 47°35.00' N, 53°11.00' W, at an approximate depth of 124 m. 6. Route to Disposal Site: 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 1 400 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 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. 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.
K. G. HAMILTON
[23-1-o] 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. 4543-2-06187 is approved. 1. Permittee: Daley Brothers Limited, St. Joseph's, 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 August 14, 2002, to August 13, 2003. 4. Loading Site(s): 47°07.10' N, 53°31.20' W, St. Joseph's, Newfoundland and Labrador. 5. Disposal Site(s): 47°05.60' N, 53°36.65' W, at an approximate depth of 112 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 1 400 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 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. 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.
K. G. HAMILTON
[23-1-o] 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. 4543-2-06190 is approved. 1. Permittee: Grand Atlantic Seafoods Inc., St. Lawrence, 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 10, 2002, to July 9, 2003. 4. Loading Site(s): 46°55.00' N, 55°23.30' W, St. Lawrence, Newfoundland and Labrador. 5. Disposal Site(s): 46°53.50' N, 55°21.35' W, at an approximate depth of 52 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 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 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. 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.
K. G. HAMILTON
[23-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice to Anyone Engaged in the Production, Import or Use of Ozone-depleting Substances (ODSs) The Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer have agreed to phase out the production and consumption of ozone-depleting substances (ODSs). The Fourth Meeting of the Parties decided to allow for possible exemptions to these production/consumption phase-out dates in order to meet the marketplace demand for uses that are considered "essential." The Parties have established criteria and a procedure to assess nominations for "essential" use exemptions. Canada, as a signatory to the Montreal Protocol, must ensure that the requirements of this international treaty are implemented in Canada. Pursuant to subparagraphs 68(a)(ix) and 68(a)(xiii) of the Canadian Environmental Protection Act, 1999, the following notice describes the criteria, process and schedule that the Department of the Environment will use to determine the relevance of nominations for an exemption for an "essential" use of ozone-depleting substances, as agreed to under the Montreal Protocol on Substances that Deplete the Ozone Layer. These exemptions, valid for calendar years 2004 and beyond, are with respect to the regulatory provisions that set the phase-out dates for the production and importation of ODSs. These exemptions allow the production or importation of new ODSs after their respective phase-out dates. The use of ODSs present in Canada before the phase-out date or the use of recycled or reclaimed ODSs does not require an application for exemption. Producers, importers and users of ozone-depleting substances are hereby invited to submit, prior to September 1, 2002, nominations for such "essential" use exemptions, as described in this notice.
FRANCE JACOVELLA
I. Introduction The Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer have agreed to phase out the production and consumption (see footnote 1) of:
The Fourth Meeting of the Parties decided to allow for possible exemptions to these production/consumption phase-out dates in order to meet the marketplace demand for uses that are considered "essential." The Parties have established criteria and a procedure to assess nominations for "essential" use exemptions. Canada, as a signatory to the Montreal Protocol, must ensure that the requirements of this international treaty are implemented in Canada. II. Criteria for "essential" use For the implementation in Canada of the Montreal Protocol requirements, a use of an ODS shall qualify as "essential" only if: (1) it is necessary for the health, safety, or is critical for the functioning of society (encompassing cultural and intellectual aspects); and (2) there are no available technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health and that are consistent with regulatory regimes. Furthermore, production and consumption of an ODS for "essential" uses after the phase-out dates, if any, shall be permitted only if: (3) all economically feasible steps have been taken to minimize the "essential" use and any associated emission of the ODS to the atmosphere; and (4) the ODS is not available in sufficient quantity and quality from existing stocks of banked or recycled ODSs. III. Process The process that leads to decisions on "essential" use exemptions is as follows: (01) Application: An organization in a developed country that is a Party to the Montreal Protocol makes an application for an "essential" use exemption to the relevant authorities in its Government. The Government reviews the application and decides whether it should be nominated. (02) Nomination: The Party submits its "essential" use nomination to the Ozone Secretariat of the United Nations Environment Programme (UNEP) by January 31 of the year in which a decision is required; earlier submissions are encouraged. (03) Assignment: The Ozone Secretariat forwards the nominations to the Technology and Economic Assessment Panel (TEAP) which in turn assigns the nomination to the appropriate Technical Option Committee (TOC). In some circumstances, two or more TOCs may jointly consider the nomination. (04) Review: The Technical Options Committee reviews the nomination to determine if it meets the criteria for an "essential" use established by Decision IV/25. The TEAP reviews the TOC report and either recommends the nomination to the Open-Ended Working Group (OEWG) of the Parties to the Montreal Protocol or reports that it is unable to recommend the nomination. The TEAP report to the OEWG is due by April 30 of the year of decision. (05) Evaluation: The Open-Ended Working Group (OEWG) reviews the TEAP report and recommends a decision for consideration by the Parties. (06) Decision: The Meeting of the Parties decides whether to allow production for "essential" use in accordance with the Montreal Protocol. The Parties may attach conditions to their approval. (07) National decision: The Party in possession of an "essential" use exemption authorizes the applicant to acquire the ODS according to the terms of the decision. (08) Execution of authorization: The applicant exercises its authorization to use the ODS. Note: The Montreal Protocol authorizes but does not require production; each applicant must locate a willing supplier and negotiate supply. IV. Timetable The Parties agreed, under Decision V/18, that all nominations are due by January 31 for consideration by the Parties at their next meeting, typically in the fall of each year. The international timetable for the submission of nominations for "essential" use exemption is as follows:
V. Information requirements The form recommended for nomination is attached. It calls for information in the following areas: — role of use in society; — alternatives/substitutes to use; — steps to minimize use; — steps to minimize emissions; and — requested quantity per year. VI. Canadian assessment of nominations Only the Government of Canada, as a Party to the Protocol, may nominate "essential" use exemptions for Canada. Organizations and/or individuals interested in obtaining an exemption for ODSs for 2004 or later are hereby invited to submit nominations to the Department of the Environment. The Department of the Environment will evaluate all nominations received in order to decide whether to support them for international review using the following process and schedule: (1) Written submissions must be received at the following address by September 1, 2002: Jean M. Carbonneau, Ozone Protection Programs Section, National Office of Pollution Prevention, Environment Canada, Place Vincent Massey, 12th Floor, Hull, Quebec K1A 0H3, (819) 953-1675 (Telephone), (819) 994-0007 (Facsimile), jean.carbonneau@ec.gc.ca (Electronic mail). (2) Applicants must demonstrate that all elements of the "essential" use criteria described above have been met. Submissions must contain all the information elements. (3) Nominations will be rigorously evaluated in consultation with independent recognized experts, other government departments and non-government organizations who will have complete access to all submitted information. (4) The final decision to forward any nomination for international consideration rests with the Government of Canada. FORM to nominate "ESSENTIAL" USE EXEMPTION for an OZONE-DEPLETING SUBSTANCE (01) Applicant organization (User)
(02) Identification of nominated use A. Please identify and describe in detail the nominated use. B. Please indicate, for each controlled ODS for the nominated use, the quantity requested for each year being nominated. Please take note that the TEAP recommended to the Parties that nominations which were granted multi-year exemptions be reviewed annually (for quantities required) and biennially (for essentiality). (03) Substantiation of nominated use A. Role in society 1. Why is this use necessary for health and/or safety or critical for the functioning of society ? B. Alternatives/Substitutes 1. Explain what alternatives or substitutes to the nominated use are currently available. 2. Explain what steps are being taken to implement these alternatives and substitutes. 3. Explain why alternatives and substitutes are not sufficient or appropriate to eliminate the nominated use. C. Steps to minimize use 1. Describe all steps that are being taken, including the development of ODS-free replacement products, to minimize the nominated use. 2. Describe factors that affect the timetable for the introduction of alternatives and substitutes (including regulatory requirements). D. Steps to minimize emissions 1. What steps are being taken to minimize the emissions associated with the nominated use. 2. Estimate the ultimate portion of each nominated ODS emitted in the manufacture or use, or recycled or destroyed. (Fill in the breakdown table). Breakdown Table
E. Recycling and Stockpiling 1. Explain why recycled and stockpiled ODSs are not available in adequate quantity and quality for the nominated use. Give a detailed technical and chemical explanation including descriptions of the appropriate standards of purity for such use. (04) Substantiation of volumes 1. Indicate the actual or estimated quantities of controlled substances used in years prior to the first year for which the use is nominated for exemption. 2. Explain the trends in quantities used in years prior to the year(s) for which the use is nominated for exemption. [23-1-o] CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice, Under Subsection 84(5) of the Canadian Environmental Protection Act, 1999, of the Ministerial Conditions Whereas the Ministers of Health and of the Environment have assessed information pertaining to the substance Acetic acid, reaction products with 1-[[2-[(2-aminoethyl)amino]ethyl] amino]-3-phenoxy-2-propanol, bisphenol A diglycidyl ether-Bu glycidyl ether-2,2'-[1,4-butanediylbis(oxymethylene)]bis[oxirane]-polyethylenepolyamine polymer, formaldehyde, and polyethylenepolyamine, And whereas the Ministers suspect that the substance is toxic, The Minister of the Environment is hereby pleased to impose, under paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, conditions under Ministerial Condition No. 11 436, in accordance with the following text.
DAVID ANDERSON
CONDITIONS (Section 84 of the Canadian Environmental Protection Act, 1999) The notifier shall import the substance, in any amounts, only in circumstances where the notifier complies with the following terms: Use Restriction 1. The notifier shall import the substance for use only as an epoxy curing agent for industrial or commercial water-based paints and coatings. Record-keeping Requirements 2. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating: (a) the use of the substance; (b) the quantities of the substance being imported, sold, purchased and used; and (c) the name and address of each of the notifier's customers buying the substance. 2. (2) The notifier shall maintain electronic or paper records made in item 2(1) at the notifier's Canadian headquarters, for a period of at least five years after they are made. Information Requirements 3. Should the notifier intend to manufacture the substance, the notifier shall inform the Minister of the Environment, in writing, at least 30 days prior to the beginning of manufacturing. Other Requirements 4. (1) The notifier shall inform all customers, in writing, of the terms of the Condition, and the notifier shall obtain, prior to any transfer of the substance, written confirmation, from customers on their company letterhead, that they understand and will meet these terms as if the present Ministerial Condition had been imposed on them. These records shall be maintained at the notifier's Canadian headquarters for a period of at least five years after they are made. 4. (2) The notifier shall obtain written confirmation from customers indicating what the substance will be used for. These records shall be maintained at the notifier's Canadian headquarters for a period of at least five years after they are made. [23-1-o] DEPARTMENT OF THE ENVIRONMENT CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Notice, Under Subsection 84(5) of the Canadian Environmental Protection Act, 1999, of the Ministerial Conditions Whereas the Ministers of Health and of the Environment have assessed information pertaining to the substance 1,1,1,3,3-Pentafluorobutane, CAS No. 406-58-6, And whereas the Ministers suspect that the substance is toxic, The Minister of the Environment is hereby pleased to impose, under paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, conditions under Ministerial Condition No. 11 296/11 327, in accordance with the following text.
DAVID ANDERSON
CONDITIONS (Section 84 of the Canadian Environmental Protection Act, 1999) The notifier may import the substance in any amounts after the Minister of the Environment has terminated the assessment period under subsection 83(6) of the Canadian Environmental Protection Act, 1999, and only in circumstances where the notifier complies with the following terms: Use Restriction 1. The notifier shall import the substance only for use or sale in foam-blowing agents, aerosols and solvents in circumstances where it will replace substances listed in Column 2 of Schedule 2 of the Ozone-depleting Substances Regulations, 1998. Record-keeping Requirements 2. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating: (a) the specific use of the substance; (b) the quantity of the substance being imported, transferred (by sale or otherwise) purchased or used; and (c) the name and address of the customers to whom the substance has been transferred, by sale or otherwise. 2. (2) The notifier shall maintain electronic or paper records made in item 2(1) at the notifier's Canadian headquarters for a period of at least five years after they are made. Information Requirements 3. Should the notifier intend to manufacture the substance, the notifier shall inform the Minister of the Environment, in writing, at least 30 days prior to the beginning of manufacturing. Other Requirements 4. The notifier shall inform all customers, in writing, of the terms of the condition and the notifier shall obtain, prior to any transfer of the substance, written confirmation from customers that they understand and will meet these terms as if the present Ministerial Condition had been imposed on them. These records shall be maintained at the notifier's Canadian headquarters for a period of at least five years after they are made. [23-1-o] DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE NOTICE THAT THE GOVERNMENT OF CANADA WILL BEGIN CONDUCTING A STRATEGIC ENVIRONMENTAL ASSESSMENT OF THE NEW WORLD TRADE ORGANIZATION NEGOTIATIONS LAUNCHED AT DOHA IN NOVEMBER 2001 The Government of Canada intends to conduct a Strategic Environmental Assessment (EA) of the new World Trade Organization (WTO) negotiations, which were launched at Doha in November 2001, and invites comments on their likely and significant environmental impacts on Canada. The World Trade Organization Canada is one of the world's leading traders. In 2001, exports of goods and services represented 43 percent of Canada's gross domestic product (GDP) and trade supported one in four jobs. Canada's economic growth and prosperity are clearly linked to our trade success. Canada's current and future prosperity depends on an international framework of rules that provides access to growing world markets and keeps pace with changes in technology, business practices, social systems and public interests. The WTO is the cornerstone of Canadian trade policy and the foundation for Canada's relations with our trading partners. At its heart are several multilateral trade agreements. At Doha, in November 2001, WTO members launched a new round of multilateral trade negotiations, to be concluded by January 1, 2005. The negotiations will be a "single undertaking," meaning that nothing is finally agreed until everything is finally agreed. Agreements reached at an early stage can, however, be implemented on a provisional basis. The negotiations will serve to achieve: — substantial improvements in agricultural market access; — the reduction, with a view to phasing out, of all forms of agricultural export subsidies and substantial reductions in trade-distorting domestic support; — improvements in market access for services; — clearer rules on anti-dumping, subsidies and countervailing duties; — the reduction or elimination of non-agricultural tariffs and non-tariff barriers; — improvements to the Dispute Settlement Understanding; — a system of notification and registration of geographical indications for wines and spirits; and — enhanced mutual supportiveness of trade and the environment including the relationship between existing WTO rules and specific trade obligations in multilateral environmental agreements (MEAs). Sustainable Development and the WTO The aims of upholding and safeguarding an open and rules-based multilateral trading system, and acting for the protection of the environment and the promotion of sustainable development can and must be mutually supportive. In the Doha Ministerial Declaration, members of the WTO reaffirmed their commitment to the objective of sustainable development, and noted efforts, such as this, to conduct national environmental assessments of trade policies. Members welcomed the WTO's continued cooperation with the United Nations Environment Programme (UNEP), other inter-governmental environmental organizations and relevant international environmental and developmental organizations. Strategic Environmental Assessments The Government of Canada is committed to sustainable development. Mutually supportive trade and environmental policies can contribute to this objective. Toward this end, the Minister for International Trade, with the support of his Cabinet colleagues, has directed trade officials to improve their understanding of, and information base on, the relationship between trade and environment issues at the earliest stages of decision making, and to do this through an open and inclusive process. The environmental assessment of trade negotiations is critical to this work. In February 2001, the Department of Foreign Affairs and International Trade (DFAIT) published the Framework for Conducting Environmental Assessments of Trade Negotiations (Framework) with guidance from the 1999 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. For the full text of the Framework, please refer to: http://www.dfait-maeci.gc.ca/tna-nac/Environment-e.asp. An EA is a systematic process of identifying and evaluating likely and significant environmental impacts of an initiative. Public consultations will be conducted throughout the EA process, which includes the following steps: — announcement of the intent to conduct an EA, which is the purpose of this Canada Gazette notice; — preparation of an initial EA that will define the scope of the more complete analysis to be carried out in the next stage; — preparation of a draft EA, which will include an in-depth analysis of the issues raised in the initial EA; and — preparation of a final EA report that will be released after the conclusion of the negotiations. In each of the above steps, the analysis follows four stages: — identify the economic effects in Canada of the negotiation; — identify the likely environmental impacts in Canada of such effects; — assess the significance of the likely environmental impacts; and — identify enhancement/mitigation options to inform the negotiation process. Environmental Assessment of the WTO Negotiations An EA committee has been formed to undertake the analysis as outlined in the Framework. Coordinated by DFAIT, the WTO EA Committee includes representatives from Environment Canada, the Canadian Environmental Assessment Agency and other relevant government departments and agencies. An important responsibility of the Committee will be the consideration of input from stakeholders in the formulation of the reports at each stage. Views from other levels of government, Sectoral Advisory Groups on International Trade (SAGITs), business groups and the public will also be sought. Submissions by Interested Parties All interested parties are invited to submit, by July 31, 2002, their views on likely and significant environmental impacts on Canada. These submissions will help the Government of Canada develop Canada's negotiating objectives at the WTO. Information on these objectives can be found at http://www.dfait-maeci.gc. ca/tna-nac/menu-e.asp. Please be advised that any information received as a result of these consultations will be considered public information. Parties may indicate if their submission contains sensitive information of which the Government should be aware. Submissions should include: 1. contributor's name and address, and if applicable, their organisation, institution or business; 2. specific issues being addressed; and 3. the rationale for the positions taken. Contributions can be sent by electronic mail, facsimile or mail to: consultations@dfait-maeci.gc.ca (Electronic mail), (613) 944-0757 (Facsimile), World Trade Organization, Environmental Assessment Consultations, Environmental Services Division (AES), Department of Foreign Affairs and International Trade, Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario K1A 0G2. May 30, 2002
DAVID CHATTERSON
[23-1-o] RADIOCOMMUNICATION ACT Notice No. DGRB-002-02 — Determination of Interference for Equipment that Defeats the Conditional Access System of Broadcast Satellite (Direct-to-Home or DTH) Receivers (Section 50 of the Radiocommunication Regulations) Introduction The Department of Industry has received several complaints of interference to public safety radiocommunication services across Canada. The Department has made investigations at known interference sites and has conducted laboratory tests of suspect equipment. These analyses have demonstrated that certain devices used to defeat conditional access systems of DTH broadcast satellite receivers will, when used in conjunction with such receivers, cause the emission of radio frequency signals of sufficient strength that interference is caused or is likely to be caused to radiocommunication, including that used for law enforcement and search and rescue. For example, these excessive emissions have interfered with the communications of law enforcement agencies and emergency response teams. Accordingly, the Minister of Industry has, under section 50 of the Radiocommunication Regulations, made a Determination of Interference (through investigations and laboratory analyses) for several models of equipment used to defeat conditional access systems. Conditional access systems are used by direct-to-home (DTH) broadcasters to protect their transmissions from unauthorized reception. The decoding of encrypted subscription programming signals from direct-to-home (DTH) broadcast satellite facilities must be performed under and in accordance with an authorization from a person who has a lawful right in Canada to transmit the signal and to authorize its decoding. Various types of equipment, such as pirate smart cards or modules, may be employed to gain unauthorized access to satellite television signals. Equipment of this type has also been found to adversely affect the technical performance of the broadcast satellite receiver with respect to radio frequency emissions. This Determination, as specified in the following notice, will assist in safeguarding radiocommunication services, including those used by police and search and rescue, from interference. In accordance with section 50 of the Regulations, when there is a determination that a model or several models of equipment cause or are likely to cause interference to radiocommunication, the Minister shall give notice of the determination to persons who are likely to be affected thereby: in this case, persons who manufacture, import, distribute, lease, offer for sale, sell, install or who use equipment referred to in this notice. For further details respecting the applicable models of equipment please refer to the Annex of this notice and to the "List of Models of Equipment Subject to a Determination of Interference (section 50 of the Radiocommunication Regulations)" published by the Department. The list of the models of equipment subject to this notice may be amended from time to time and is available at the following Web site: http://strategis.ic.gc.ca/SSG/sf05659e. html. Hard copies of the documents are available, for a fee, from Canadian Government Publishing, Communication Canada, Ottawa, Ontario K1A 0S9, Canada, 1-800-635-7943 (North America toll-free telephone), 1-800-565-7757 (Canada toll-free facsimile), (819) 956-4800 (Worldwide telephone), (819) 994-1498 (Worldwide facsimile). Notice Notice is hereby given, that the Minister of Industry has, under section 50 of the Radiocommunication Regulations, made a determination that the models of equipment listed in the Annex to this notice cause or are likely to cause interference to radiocommunication. The list may be amended from time to time and the most recent version can be found at the following Industry Canada Web page: http://strategis.ic.gc.ca/SSG/sf05659e.html. Effective the date of publication of this notice, persons who manufacture, import, distribute, lease, offer for sale, sell, install or use the listed equipment are subject to section 50 of the Radiocommunication Regulations. In accordance with subsection 50(3) of the Regulations, no person shall manufacture, import, distribute, lease, offer for sale, sell, install or use equipment in respect of which notice has been given. Persons who do not comply with section 50 of the Regulations may also be in breach of other applicable provisions of the Radiocommunication Act and Regulations or other statutes, such as the Criminal Code. Failure by a person to comply with the Minister's notice, issued pursuant to section 50, is an offence under the Radiocommunication Act. Paragraph 10(1)(d) of the Radiocommunication Act provides for sentencing of up to $5,000 and/or one year in prison for individuals and fines up to $25,000 for corporations. Under subsection 10(3) of the Radiocommunication Act, a person may be convicted for a separate offence for each day on which the offence is committed or continued. The Contraventions Act is also applicable in those provinces where it is in force. Any inquiries regarding this notice should be directed to the local Industry Canada District Office, which is listed in the government blue pages of the telephone directory under "Radio Licensing" or on Industry Canada's Strategis Web site, at http:// strategis.ic.gc.ca/SSG/sf01742e.html.
JAN SKORA
Annex List of Models of Equipment Subject to a Determination of Interference (section 50 of the Radiocommunication Regulations) Equipment Used to Defeat Conditional Access Systems of Satellite Broadcast Receivers
Notes The public may wish to consult the following technical standards and technical notes pertaining to this Notice of Determination. These are published by Industry Canada and are posted on the Department's Web site at http://strategis.gc.ca/spectrum for the English version and http://strategis.gc.ca/spectre for the French version. Technical Standards and Requirements for Radio Apparatus Capable of Receiving Broadcasting (BETS-7) Investigative Report on Satellite Broadcast Receivers Employing Encryption Defeating Conditional Access Modules May 31, 2002 [23-1-o] TELECOMMUNICATIONS ACT RADIOCOMMUNICATION ACT Notice No. SMSE-008-02 — Amendments to Procedures DC-01, Self-Marking, CB-03 and CS-03 Notice is hereby given that Industry Canada is releasing the following amendments to its documents: (1) Amendment No. 1 to DC-01, Procedure for Declaration of Conformity and Registration of Terminal Equipment, Issue 1; marking requirements have been clarified; (2) Amendment No. 1 to Self-Marking, Self-Marking of the Certification/Registration Number on Terminal Equipment — Application Procedure and Agreement, Issue 2; marking requirements have been clarified; (3) Amendment No. 1 to CB-03, Requirements for the Certification of Radio Apparatus to Industry Canada's Standards and Specifications, Issue 1; the format for the certification number has been clarified; (4) Amendment No. 6 to CS-03, Part VIII, Specification for Terminal Equipment, Terminal Systems, Network Protection Devices, Connection Arrangements and Hearing Aids Compatibility, Issue 8; the figures have been corrected; and (5) Publication errors affecting Amendment No. 2 to CS-03 were corrected. Part VIII of the CS-03 now includes SDSL requirements that were previously published as the provisional document PROV-SDSL. Therefore, the PROV-SDSL document has been removed from the Terminal Equipment Technical Specifications List. These amendments come into effect upon publication of this notice. Equipment documentation already in the process of being produced or printed at the time of the publication of this notice is grandfathered. These documents are available electronically on the Internet at the following address: World Wide Web (WWW) http://strategis.gc.ca/spectrum or can be obtained in hard copy, for a fee, from: Canadian Government Publishing, Communication Canada, Ottawa, Ontario K1A 0S9, Canada, 1-800-635-7943 (North America toll-free telephone), 1-800-565-7757 (Canada toll-free facsimile), (819) 956-4800 (Worldwide telephone), (819) 994-1498 (Worldwide facsimile). Interested parties may submit comments concerning this document to Mr. Andrew Kwan, Deputy Director, Telecommunication Engineering and Certification, Industry Canada, 300 Slater Street, Suite 1302A, Ottawa, Ontario K1A 0C8, or at the Internet address telecom.reg@ic.gc.ca, within 75 days from the date of publication of this notice. All representations should cite the Canada Gazette, Part I, notice publication date, title and the notice reference number. May 30, 2002
R. W. MCCAUGHERN
[23-1-o] Balance Sheet as at May 8, 2002
Balance Sheet as at May 15, 2002
Balance Sheet as at May 22, 2002
Under the Montreal Protocol, "consumption" refers to the supply (production + import - export) of ODSs, and not to the use of ODSs. |
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