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Vol. 142, No. 21 — May 24, 2008

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. 4543-2-03456 is approved.

1. Permittee: Delta Dredge Ltd., Delta, British Columbia.

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

3. Term of Permit: Permit is valid from June 23, 2008, to June 22, 2009.

4. Loading Site(s):

(a) Various approved sites on the Fraser River Estuary, British Columbia, at approximately 49°11.90′ N, 123°07.88′ W (NAD83);

(b) Various approved sites in Howe Sound, British Columbia, at approximately 49°29.82′ N, 123°18.24′ W (NAD83);

(c) Various approved sites in Vancouver Harbour, British Columbia, at approximately 49°18.70′ N, 123°08.00′ W (NAD83); and

(d) Various approved sites near Vancouver Island, British Columbia, at approximately 49°22.45′ N, 123°56.42′ W (NAD83).

5. Disposal Site(s):

(a) Cape Mudge Disposal Site, within a 0.5 nautical mile radius of 49°57.70′ N, 125°05.00′ W (NAD83);

(b) Comox (Cape Lazo) Disposal Site, within a 0.5 nautical mile radius of 49°41.70′ N, 124°44.50′ W (NAD83);

(c) Five Finger Island Disposal Site, within a 0.5 nautical mile radius of 49°15.20′ N, 123°54.70′ W (NAD83);

(d) Johnstone Strait-Hanson Island Disposal Site, within a 0.5 nautical mile radius of 50°33.50′ N, 126°48.00′ W (NAD83);

(e) Johnstone Strait-Hickey Point Disposal Site, within a 0.5 nautical mile radius of 50°27.80′ N, 126°04.90′ W (NAD83);

(f) Malaspina Strait Disposal Site, within a 0.5 nautical mile radius of 49°45.00′ N, 124°27.00′ W (NAD83);

(g) Point Grey Disposal Site, with 1 nautical mile radius of 49°15.40′ N, 123°21.90′ W (NAD83);

(h) Porlier Pass Disposal Site, with a 0.5 nautical mile radius of 49°00.20′ N, 123°29.90′ W (NAD83);

(i) Sand Heads Disposal Site, bounded by 49°06.12′ N, 123°20.42′ W, 49°06.31′ N, 123°18.83′ W, 49°05.74′ N, 123°18.96′ W, and 49°05.22′ N, 123°19.64′ W (NAD83);

(j) Victoria Disposal Site, within a 0.5 nautical mile radius of 48°22.30′ N, 123°21.90′ W (NAD83); and

k) Watts Point Disposal Site, within a 0.25 nautical mile radius of 49°38.50′ N, 123°14.10′ W (NAD83).

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

7. Method of Loading and Disposal: Clamshell dredge, hopper dredge or suction cutter dredge and pipeline.

8. Method of Disposal: Hopper Dredge, hopper barge or end dumping.

9. Waste and Other Matter to be Disposed of: Dredged material and/or bulky substances.

10. Total Quantity to be Disposed of: Not to exceed 50 000 m3.

11. Requirements and Restrictions:

11.1. The Permittee shall ensure that every effort is made to prevent the deposition of log bundling strand into material approved for loading and disposal at sea and/or remove log bundling strand from material approved for loading and disposal at sea.

11.2. The Permittee shall obtain a letter of approval from the permit-issuing office for each loading and disposal activity prior to undertaking the work.

11.3. The Permittee shall ensure that all contractors involved in the loading or disposal for which the permit is issued are made aware of the conditions identified in the permit and of the possible consequences of any violation of these conditions.

11.4. The Permittee shall ensure that a copy of the permit, of the letter of transmittal and of the letter of approval is displayed at each loading site, on all towing vessels, loading platforms and equipment involved in disposal at sea activities.

11.5. The Permittee must inform Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, by fax at 604-666-9059 or by email at das.pyr@ec.gc.ca prior to, and within 48 hours of, any loading for disposal.

11.6. The Permittee must submit to the Regional Director, Environmental Protection Operations Directorate, Pacific and Yukon Region, within 30 days of the expiry of the permit, a list of all activities completed pursuant to the permit, including the nature and quantity of matter disposed of from each loading site, the dates on which the activities occurred and the disposal sites used.

BRUCE KAY
Environmental Stewardship Branch
Pacific and Yukon Region
On behalf of the Minister of the Environment

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06504 is approved.

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

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations for the purpose of disposal at sea.

3. Term of Permit: Permit is valid from June 29, 2008, to June 28, 2009.

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

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

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

7. Equipment: Grey boxes.

8. Method of Disposal: Direct release from plastic fish boxes over the end of the wharf.

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

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

11. Material 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 Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email), 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 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 waste material to the disposal site must be conducted in such a manner that no material enters the marine environment. Waste material spilled at any place other than the permitted disposal site must be retrieved. All waste must be contained on shore while the barge is away from the loading site.

12.5. The material to be disposed of must be covered by netting 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. The loading or disposal at sea referred to under this permit shall not be carried out without written authorization from the Permittee.

ERIC HUNDERT
Environmental Stewardship
Atlantic Region
On behalf of the minister of the Environment

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06505 is approved.

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

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations for the purpose of disposal at sea.

3. Term of Permit: Permit is valid from June 29, 2008, to June 28, 2009.

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

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

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

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 which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal.

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

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

11. Material 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 Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email), 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 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 waste material to the disposal site must be conducted in such a manner that no material enters the marine environment. Waste material spilled at any place other than the permitted disposal site must be retrieved. All waste must be contained on shore while the barge is away from the loading site.

12.5. The material to be disposed of must be covered by netting 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. The loading or disposal at sea referred to under this permit shall not be carried out without written authorization from the Permittee.

12.8. 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.

ERIC HUNDERT
Environmental Stewardship
Atlantic Region
On behalf of the minister of the Environment

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06506 is approved.

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

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations for the purpose of disposal at sea.

3. Term of Permit: Permit is valid from June 29, 2008, to June 28, 2009.

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

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

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

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 which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal.

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

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

11. Material 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 Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email), 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 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 waste material to the disposal site must be conducted in such a manner that no material enters the marine environment. Waste material spilled at any place other than the permitted disposal site must be retrieved. All waste must be contained on shore while the barge is away from the loading site.

12.5. The material to be disposed of must be covered by netting 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. The loading or disposal at sea referred to under this permit shall not be carried out without written authorization from the Permittee.

12.8. 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.

ERIC HUNDERT
Environmental Stewardship
Atlantic Region
On behalf of the minister of the Environment

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06507 is approved.

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

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations for the purpose of disposal at sea.

3. Term of Permit: Permit is valid from June 29, 2008, to June 28, 2009.

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

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

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

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 which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal.

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

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

11. Material 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 Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email), 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 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 waste material to the disposal site must be conducted in such a manner that no material enters the marine environment. Waste material spilled at any place other than the permitted disposal site must be retrieved. All waste must be contained on shore while the barge is away from the loading site.

12.5. The material to be disposed of must be covered by netting 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. The loading or disposal at sea referred to under this permit shall not be carried out without written authorization from the Permittee.

12.8. 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.

ERIC HUNDERT
Environmental Stewardship
Atlantic Region
On behalf of the minister of the Environment

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06517 is approved.

1. Permittee: Woodman’s Sea Products Limited, New Harbour, Newfoundland and Labrador.

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations for the purpose of disposal at sea.

3. Term of Permit: Permit is valid from June 28, 2008, to June 27, 2009.

4. Loading Site(s):

(a) 47°35.35′ N, 53°32.60′ W, New Harbour, Newfoundland and Labrador; and

(b) 47°35.24′ N, 53°33.10′ W, New Harbour, Newfoundland and Labrador

5. Disposal Site(s): 47°37.00′ N, 53°36.00′ W, at an approximate depth of 130 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 which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal.

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

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

11. Material 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 Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email), 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 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 waste material to the disposal site must be conducted in such a manner that no material enters the marine environment. Waste material spilled at any place other than the permitted disposal site must be retrieved. All waste must be contained on shore while the barge is away from the loading site.

12.5. The material to be disposed of must be covered by netting 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. The loading or disposal at sea referred to under this permit shall not be carried out without written authorization from the Permittee.

12.8. 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.

ERIC HUNDERT
Environmental Stewardship
Atlantic Region
On behalf of the minister of the Environment

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-06518 is approved.

1. Permittee: Torngat Fish Producers Co-operative Society Ltd., Happy Valley-Goose Bay, Newfoundland and Labrador.

2. Type of Permit: To load and dispose of fish waste and other organic matter resulting from industrial fish-processing operations for the purpose of disposal at sea.

3. Term of Permit: Permit is valid from June 25, 2008, to June 24, 2009.

4. Loading Site(s): 54°54.50′ N, 59°46.10′ W, Postville, Newfoundland and Labrador.

5. Disposal Site(s): 54°54.40′ N, 59°45.60′ W, at an approximate depth of 55 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 which will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging offal.

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

10. Total Quantity to Be Disposed of: Not to exceed 100 tonnes.

11. Material 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 Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email), 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 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 waste material to the disposal site must be conducted in such a manner that no material enters the marine environment. Waste material spilled at any place other than the permitted disposal site must be retrieved. All waste must be contained on shore while the barge is away from the loading site.

12.5. The material to be disposed of must be covered by netting 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. The loading or disposal at sea referred to under this permit shall not be carried out without written authorization from the Permittee.

12.8. 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.

ERIC HUNDERT
Environmental Stewardship
Atlantic Region
On behalf of the Minister of the Environment

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice to anyone engaged in the use of methyl bromide

The Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer have agreed to phase out the production and consumption of methyl bromide. The Ninth Meeting of the Parties decided to allow for possible exemptions to these production and consumption phase-out dates in order to meet the marketplace demand for uses that are considered critical.

The Parties have established criteria and a procedure to assess nominations for critical use exemptions. Canada, as a Party to the Montreal Protocol, is expected to ensure that the requirements of this international treaty are implemented in Canada.

This notice is made pursuant to subparagraphs 68(a)(ix) and 68(a)(xiii) of the Canadian Environmental Protection Act, 1999. The annex of this notice describes the criteria, process and schedule that the Department of the Environment will use to determine the relevance of applications it receives from persons seeking to use methyl bromide in Canada towards Canada making a nomination for an exemption for a critical use of methyl bromide under the Montreal Protocol.

Under the Montreal Protocol, a Party to the Protocol may make a nomination seeking that it be granted an exemption to the production and consumption phase-out dates for methyl bromide. A Party makes such nomination based upon applications it receives from persons seeking to use methyl bromide within its borders. If such a nomination is accepted by a decision of the Parties to the Protocol, the Party being granted the exemption may authorize domestic applicants to produce, acquire and use the methyl bromide after the phase-out date according to the terms of the decision. The decision is implemented through the domestic legislation of the Party.

Persons seeking to engage in the production or consumption of methyl bromide in Canada are hereby invited to submit to Environment Canada, prior to July 29, 2008, and through the process described in the annex to this notice, their application towards Canada making a nomination under the Montreal Protocol for a critical use exemption for the years 2010 and 2011. The use of methyl bromide present in Canada before the phase-out date or the use of recycled or reclaimed methyl bromide does not require such an application.

FRANCE JACOVELLA
Chemicals Management Division
On behalf of the Minister of the Environment

Annex

I. Introduction

The Fourth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer agreed to add methyl bromide to the list of ozone-depleting substances subject to control under the Montreal Protocol. The Seventh Meeting of the Parties agreed to phase out the production and consumption (see footnote 1) of methyl bromide by January 1, 2010. The Ninth Meeting of the Parties revised the phase-out date to January 1, 2005, and established interim reduction steps.

The Ninth Meeting of the Parties agreed to allow for possible exemptions to this production and consumption phase-out date in order to meet the marketplace demand for uses that are considered critical. The Parties established (Decision IX/6) criteria to assess nominations for critical use exemptions. The Parties also agreed (Decision IX/7) to allow the use, in response to an emergency event, of quantities not exceeding 20 tonnes of methyl bromide.

Canada, as a Party to the Montreal Protocol, is expected to ensure that the requirements of this international treaty are implemented within its borders. Canada has developed a domestic control program to do so. In 1995, Canada’s Ozone Layer Protection Program was revised and it was decided to phase out methyl bromide by January 1, 2001.

In 1998, because of the change in position of Canada’s major trading partners regarding their domestic phase-out date, Canada changed its position and decided to adopt the international phase-out schedule.

II. Criteria for “critical” use

For the implementation in Canada of the requirements under the Montreal Protocol, a use of methyl bromide shall qualify as critical if and only if the following conditions are met:

(1) the specific use is critical because the lack of availability of methyl bromide for that use would result in a significant market disruption; (see footnote 2) and

(2) there are no technically and economically feasible alternatives or substitutes available (see footnote 3) to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination.

Furthermore, consumption, if any, of methyl bromide for critical uses after the phase-out date shall be permitted only if the following conditions are met:

(1) all technically and economically feasible steps have been taken to minimize the critical use and any associated emission of methyl bromide;

(2) the methyl bromide is not available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide; and

(3) it is demonstrated that an appropriate effort is being made to evaluate, commercialize and secure national regulatory approval of alternatives and substitutes. It must be demonstrated
(see footnote 4) that research programs are in place to develop and deploy alternatives and substitutes.

III. Process

The process that leads to decisions on critical use exemptions consists of a domestic process and an international process.

The domestic process is as follows:

(01) A person/organization seeking to engage in the production or consumption of methyl bromide (applicant) in Canada makes an application to Environment Canada towards Canada making a nomination for an exemption for a critical use of methyl bromide under the Montreal Protocol. This application must fulfil the information requirements identified in section V of this document.

Contact Information

Written applications must be received at the following address by July 29, 2008:

Head, Ozone Protection Programs
Chemicals Management Division
Environment Canada
Place Vincent-Massey, 17th Floor
Gatineau, Quebec K1A 0H3

(02) Environment Canada sends the application to the Methyl Bromide Critical Use Advisory Committee. The Advisory Committee consists of independent experts who are knowledgeable on the alternatives available and pest problems faced by the sector for which the exemption is requested.

Advisory Committee

The Advisory Committee will, at a minimum, consist of representatives from

Environment Canada — Chair
Agricultural expert
Structural expert
Environmental non-governmental organization
Industry representative
Industry representative
Agro-economist

The purpose of the Advisory Committee is to advise and evaluate applications and forward to Environment Canada its recommendations concerning the applications.

(03) The Advisory Committee submits its recommendation to Environment Canada, including conditions on how the substance should be used.

(04) Environment Canada makes a decision, in consultation with Agriculture and Agri-Food Canada when an agricultural sector is implicated, and informs the applicant.

(05) The applicant can appeal to the Minister of the Environment, to the attention of the Executive Director, Chemicals Management Division, if the applicant is not satisfied with the decision.

The international process is as follows:

(06) Nomination: Canada submits its critical use nomination to the Ozone Secretariat of the United Nations Environment Programme (UNEP) by January 24 of the year in which a decision is required; earlier submissions are encouraged. (see footnote 5) The nomination would be valid for the period specified in the decision.

(07) Assignment: The Ozone Secretariat forwards the nominations to the Technology and Economic Assessment Panel (TEAP) of the Montreal Protocol.

(08) Review: The TEAP reviews the nomination to determine if it meets the criteria for a critical use established by Decision IX/6 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 mid-May of the year of decision.

(09) Evaluation: The OEWG reviews the TEAP report and recommends a decision for consideration by the Parties.

(10) Decision: The Meeting of the Parties decides whether to allow production or consumption for critical use in accordance with the Montreal Protocol. The Parties may attach conditions to their approval.

(11) National decision: The Party in possession of a critical use exemption authorizes the applicant to proceed with the production or consumption of the methyl bromide according to the terms of the decision by the Meeting of the Parties.

(12) Execution of authorization: The applicant exercises its authorization to import and use methyl bromide, according to the terms of the decision.

Note: The Montreal Protocol authorizes but does not require production; each applicant must locate a willing supplier and negotiate supply.

IV. Timetable

The domestic timetable for the submission of applications towards Canada making a nomination for an exemption for a critical use of methyl bromide under the Montreal Protocol is as follows:

Action

Deadline

Applicant submits application towards Canada making a nomination for an exemption

July 29

Environment Canada provides information to Advisory Committee

August 31

Advisory Committee submits recommendation

September 30

Environment Canada makes decision in consultation with Agriculture and Agri-Food Canada

October 29

Possible appeal to Minister of the Environment, to the attention of the Executive Director, Chemicals Management Division*

November 30

*The length of time required to obtain a decision can vary.

The international timetable for the submission by a Party to the Montreal Protocol of nominations for critical use exemptions is as follows:

January 24

Deadline for submissions of nominations to the Ozone Secretariat. Nominations received after January 24 will be considered for the next year.

Mid-May

The TEAP publishes its evaluation and the Ozone Secretariat mails it to the Parties.

June-July

The OEWG meets and recommends whether or not the nomination should be approved. The OEWG drafts the decision, if applicable.

October-November-December

The Parties meet and decide whether or not to grant the exemption for critical use.

V. Information requirements

The forms recommended for applications towards Canada making a nomination for an exemption for a critical use of methyl bromide under the Montreal Protocol can be obtained by contacting

Nancy Seymour
Ozone Protection Programs
Chemicals Management Division
Environment Canada
Place Vincent-Massey, 17th Floor
Gatineau, Quebec K1A 0H3
Telephone: 819-994-1109
Email: nancy.seymour@ec.gc.ca

The forms call for information in the following areas:

  • market significance of use;
  • alternatives/substitutes to use;
  • steps to minimize use;
  • steps to minimize emissions;
  • recycling and stockpiling;
  • research efforts;
  • historical use;
  • requested quantity per year.

Note that

  • A separate application should be submitted for each commodity and use for which the applicant is seeking that a nomination be made by Canada.
  • The TEAP recommended to the Parties that nominations that were granted multi-year exemptions would be reviewed annually for quantities required and biennially for essentiality.

VI. Canadian assessment of nominations

Only the Government of Canada, as a Party to the Protocol, may nominate critical use exemptions for Canada. Organizations and/or individuals interested to engage in the production or consumption of methyl bromide after 2004 are hereby invited to submit to Environment Canada applications for Canada to make a nomination under the Montreal Protocol for a critical use exemption.

The Department of the Environment will evaluate all applications received in order to decide whether to make a nomination using the following process and schedule.

(1) An applicant towards a Canadian nomination, for a critical use exemption that could translate into an authorization for the applicant to engage in the production or consumption of methyl bromide, must demonstrate that all elements of the critical use criteria described above have been met. Applications must contain all the information elements.

(2) Applications will be rigorously evaluated in consultation with independent recognized experts, other government departments and non-government organizations that will have complete access to all submitted information.

(3) The final decision to accept any application or to make a nomination rests with the Government of Canada.

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of the Act applies to Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl) bis(imino-4,1-phenyleneoxy)]bis-, disodium salt and Benzenesulfonic acid, 2,2' -[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt

Whereas the two substances set out in Annex 1 to this Notice have been identified for screening assessment under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas the Minister of the Environment and the Minister of Health have issued a draft screening assessment on these substances under section 74 of the Canadian Environmental Protection Act, 1999, and have published a summary of the results of this process under subsection 77(1) thereof on May 17, 2008, in the Canada Gazette, Part I, for a 60-day public comment period;

Whereas the Ministers have identified no current manufacture or importation activity for the two substances set out in Annex 1 above 100 kg per calendar year; and

Whereas the Ministers suspect that a significant new activity in relation to the two substances set out in Annex 1 may result in the substances meeting the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment intends to amend the Domestic Substances List under subsection 87(3) to indicate that subsection 81(3) applies to the two substances set out in Annex 1 as described in Annex 2 attached hereto.

Public comment period

Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Existing Substances Division, Environment Canada, Gatineau, Quebec K1A 0H3, 819-953-4936 (fax), Existing.Substances.Existantes@ec.gc.ca (email).

The screening assessment report for these substances may be obtained from the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca). Any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

GEORGE ENEI
Acting Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

ANNEX 1

The substances referred to in the present Notice are:

1. Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl)bis(imino-4,1-phenyleneoxy)]bis-, disodium salt [Chemical Abstracts Service (CAS) No. 70161-19-2]; and

2. Benzenesulfonic acid, 2,2' -[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt [CAS No. 83006-67-1].

ANNEX 2

1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:

70161-19-2
83006-67-1

2. Part 2 of the List is proposed to be amended by adding the following in numerical order:

Column 1


Substance

Column 2

Significant New Activity for which substance is subject to subsection 81(3) of the Act

70161-19-2 S’
83006-67-1 S’

Any activity involving, in a calendar year, more than 100 kilograms of these substances.

The following information must be provided to the Minister at least 90 days before the commencement of the proposed new activity:

(a) a description of the proposed significant new activity in relation to the substance; and

(b) the information specified in Schedule 6 to the New Substances Notification Regulations (Chemicals and Polymers).

The above information will be assessed within 90 days after it is received by the Minister.

COMING INTO FORCE

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

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of a substance Spiro[isobenzofuran-1(3H),9-[9H]xanthen]-3-one, 2,4,5,7-tetrabromo-3,6-dihyroxy- (D&C Red No. 21), CAS No. 15086-94-9 — Specified on the Domestic Substances List [subsection 77(1) of the Canadian Environmental Protection Act, 1999]

Whereas D&C Red No. 21 is a substance on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of a draft Screening Assessment Report conducted on D&C Red No. 21 pursuant to section 74 of the Act, is annexed hereby; and

Whereas it is proposed that D&C Red No. 21 do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Ministers of the Environment and of Health proposed to take no further action on D&C Red No. 21 at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances. gc.ca). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Existing Substances Division, Environment Canada, Gatineau, Quebec K1A 0H3, 1-800-410-4314 or 819-953-4936 (fax), or by email to Existing.Substances.Existantes@ec.gc.ca.

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

GEORGE ENEI
Acting Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

MARGARET KENNY
Director General
Chemical Sectors Directorate
On behalf of the Minister of the Environment

KAREN LLOYD
Acting Director General
Safe Environments Programme
On behalf of the Minister of Health

ANNEX

Summary of the Screening Assessment Report of Spiro[isobenzofuran-1(3H),9′-[9H]xanthen]-3-one, 2′,4′,5′,7′-tetrabromo-3′,6′-dihyroxy-

Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Ministers of the Environment and of Health have conducted a screening assessment on Spiro [isobenzofuran-1(3H),9′-[9H]xanthen]-3-one, 2′,4′,5′,7′-tetrabromo3′,6′-dihydroxy- (D&C Red No. 21), Chemical Abstracts Service Registry Number 15086-94-9. This substance was identified as a high priority for screening assessment and included in the Ministerial Challenge because it was found to meet the ecological categorization criteria for persistence, bioaccumulation potential and inherent toxicity to non-human organisms and is believed to be in commerce in Canada.

The substance D&C Red No. 21 was not considered to be a high priority for assessment of potential risks to human health, based upon application of the simple exposure and hazard tools developed by Health Canada for categorization of substances on the Domestic Substances List. Therefore, this assessment focuses on information relevant to the evaluation of ecological risks.

The organic substance D&C Red No. 21 is used in Canada primarily as a dye in cosmetics. The substance is not naturally produced in the environment. Data collected pursuant to a notice published under section 71 of CEPA 1999 for the 2000 calendar year indicated that for D&C Red No. 21, one company reported potential import of the substance; however, the quantities were unknown. In response to the voluntary call for new information under the Challenge, the company that reported potential import in 2001 confirmed that their importing activity was below the 100 kg threshold in 2006. In total, less than 100 kg of D&C Red No. 21 were voluntarily reported, with a few companies reporting low quantities.

Since there were no reports of import or manufacture at or above the reporting threshold of 100 kg in 2000 or 2006, releases of this substance into the Canadian environment are presumed to be very low. The substance D&C Red No. 21 will be ionized at neutral pH and has a high solubility in water and low Log Kow. It is not volatile and would have a tendency to remain in water when released to surface water.

Based on its predicted resistance to biodegradation, D&C Red No. 21 is expected to be persistent in the environment; however, it is subject to relatively rapid primary degradation by photolysis. New experimental data relating to its partitioning between octanol and water suggest that this dye has a low potential to accumulate in the lipid tissues of organisms. The substance is thus no longer expected to meet the persistence or bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations. In addition, new experimental toxicity data for the dye and its chemical analogues suggest that the substance has a low acute toxicity to aquatic organisms (LC50/EC50 > 1 to > 100 mg/L).

For this screening assessment, a very conservative exposure scenario was designed whereby the risk posed to receiving water courses was estimated assuming a 0% removal rate from 961 sewage treatment plants across Canada. No adverse effects were anticipated in any of the locations, as the predicted environmental concentrations in water (PEC) were many orders of magnitude below predicted no-effect concentrations (PNECs).

This substance remains subject to further assessment if information is identified that indicates that such evaluation is warranted.

Proposed conclusion

Based on the information available, it is proposed that D&C Red No. 21 do not meet any of the criteria set out in section 64 of the CEPA 1999.

The draft Screening Assessment Report for this substance is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca).

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of a substance — 9,10-Anthracenedione, 1,4-bis[(4-methylphenyl)amino]-, sulfonated, potassium salts (AMS), CAS No. 125351-99-7 — Specified on the Domestic Substances List [subsection 77(1) of the Canadian Environmental Protection Act, 1999]

Whereas AMS is a substance on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of a draft Screening Assessment Report conducted on AMS pursuant to section 74 of the Act is annexed hereby; and

Whereas it is proposed that AMS do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Ministers of the Environment and of Health proposed to take no further action on AMS at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Existing Substances Division, Environment Canada, Gatineau, Quebec K1A 0H3, 1-800-410-4314 or 819-953-4936 (fax), or by email to Existing.Substances.Existantes@ec.gc.ca.

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

GEORGE ENEI
Acting Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

MARGARET KENNY
Director General
Chemical Sectors Directorate
On behalf of the Minister of the Environment

KAREN LLOYD
Acting Director General
Safe Environments Programme
On behalf of the Minister of Health

ANNEX

Summary of the Screening Assessment Report of 9,10-Anthracenedione, 1,4-bis[(4-methylphenyl)amino]-, sulfonated, potassium salts

Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Ministers of the Environment and of Health have conducted a screening assessment on 9,10-Anthracenedione, 1,4-bis[(4-methylphenyl)amino]-, sulfonated, potassium salts (AMS), Chemical Abstracts Service Registry Number 125351-99-7. This substance was identified as a high priority for screening assessment and included in the Ministerial Challenge because it was originally found to meet the ecological categorization criteria for persistence, bioaccumulation potential and inherent toxicity to non-human organisms and is believed to be in commerce in Canada.

The substance AMS was not considered to be a high priority for assessment of potential risks to human health, based upon application of the simple exposure and hazard tools developed by Health Canada for categorization of substances on the Domestic Substances List. Therefore, this assessment focuses on information relevant to the evaluation of ecological risks.

AMS is an organic “unknown or variable composition, complex reaction products, and biologicals” (UVCB) substance that is used in Canada and elsewhere as a blue colorant dye in textiles, printing inks, rubber, plastic products, paints, lacquers and varnishes. The substance is not naturally produced in the environment. Between 100 and 1 000 kg/year of AMS were imported into Canada in 2005 and 2006, for use mainly in the colorants and plastics industry. The quantity of AMS imported into Canada, along with the uses reported for this substance, indicate that it could potentially be released into the Canadian environment.

Based on certain assumptions and reported use patterns, most of the substance is expected to end up in waste disposal sites, but a relatively large fraction may also be released to water. It is not expected to be significantly present in other media.

Based on its physical and chemical properties, AMS does not have the potential to accumulate in aquatic organisms and an empirical acute aquatic toxicity value suggests that the substance is not hazardous to aquatic organisms. Moreover, the low volume of AMS imported into Canada, as well as information on its uses, indicates no potential for releases into the Canadian environment. However, AMS does not degrade quickly in the environment. It is expected to be persistent in water, soil and sediments. Therefore, the substance has been determined to meet the persistence criteria as set out in the Persistence and Bioaccumulation Regulations.

This substance remains subject to further assessment if information is identified that indicates that such evaluation is warranted.

Proposed conclusion

Based on the information available, it is proposed that AMS do not meet any of the criteria set out in section 64 of the CEPA 1999.

The draft Screening Assessment Report for this substance is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca).

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of a substance — Benzene, 1,3-bis(1-isocyanato-1-methylethyl)- (tetramethyl-m-xylylene diisocyanate), CAS No. 2778-42-9 — Specified on the Domestic Substances List [subsection 77(1) of the Canadian Environmental Protection Act, 1999]

Whereas tetramethyl-m-xylylene diisocyanate is a substance on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of a draft Screening Assessment Report conducted on tetramethyl-m-xylylene diisocyanate pursuant to section 74 of the Act is annexed hereby; and

Whereas it is proposed that tetramethyl-m-xylylene diisocyanate do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Ministers of the Environment and of Health proposed to take no further action on tetramethyl-m-xylylene diisocyanate at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances Web site (www. chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Existing Substances Division, Environment Canada, Gatineau, Quebec K1A 0H3, 1-800-410-4314 or 819-953-4936 (fax), or by email to Existing.Substances.Existantes@ec.gc.ca.

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

GEORGE ENEI
Acting Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

MARGARET KENNY
Director General
Chemical Sectors Directorate
On behalf of the Minister of the Environment

KAREN LLOYD
Acting Director General
Safe Environments Programme
On behalf of the Minister of Health

ANNEX

Summary of the Screening Assessment Report of Benzene, 1,3-bis(1-isocyanato-1-methylethyl)-

Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Ministers of the Environment and of Health have conducted a screening assessment on Benzene, 1,3-bis(1-isocyanato-1-methylethyl)- (tetramethylm-xylylene diisocyanate), Chemical Abstracts Service Registry Number 2778-42-9. This substance was identified as a high priority for screening assessment and included in the Ministerial Challenge because it was found to meet the ecological categorization criteria for persistence, bioaccumulation potential and inherent toxicity to non-human organisms and is believed to be in commerce in Canada.

The substance tetramethyl-m-xylylene diisocyanate was not considered to be a high priority for assessment of potential risks to human health, based upon application of the simple exposure and hazard tools developed by Health Canada for categorization of substances on the Domestic Substances List. Therefore, this assessment focuses on information relevant to the evaluation of ecological risks.

The substance tetramethyl-m-xylylene diisocyanate is an organic substance that is used in Canada and elsewhere as an industrial intermediate which is incorporated into various polymers. The substance is not naturally produced in the environment. No reports of manufacture in or import into Canada of this substance at or above the reporting threshold of 100 kg in the 2005 or 2006 calendar years were received in response to notices published under section 71 of CEPA 1999. However, six Canadian and two foreign companies voluntarily reported having a stakeholder interest in this substance in 2005 and 2006. Further information was not provided.

Since there were no reports of import or manufacture at or above the reporting threshold of 100 kg in 2005 or 2006, releases of this substance into the Canadian environment are presumed to be very low. Tetramethyl-m-xylylene diisocyanate reacts with water and is expected to hydrolyze rapidly in the presence of water or moisture. It is semi-volatile, and may have a tendency towards sizable losses via advection when released into the air.

Based on its reactivity in the presence of moisture, tetramethyl-m-xylylene diisocyanate is not expected to be persistent in the environment. Additional consideration of the hydrolysis data for this compound suggests that this compound is rapidly degraded in water and moist environments, such as sediment and moist soils. Similarly, the role of hydrolysis and the potential metabolism/ degradation of tetramethyl-m-xylylene diisocyanate in the gut has been considered further. The substance is thus no longer expected to meet the persistence or bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations.

For this screening assessment, a conservative exposure scenario was designed whereby the risk posed to receiving watercourses was estimated assuming a 0% removal rate from 961 sewage treatment plants across Canada. No adverse effects were anticipated in any of the locations, as the predicted environmental concentrations in water were below the predicted no-effect concentrations.

The principal uncertainties of this assessment primarily surround the reactions between this compound and water in particular, the effect they have on measurements and predictions of physical and chemical properties and aquatic toxicity.

This substance remains subject to further assessment if information is identified that indicates that such evaluation is warranted.

Proposed conclusion

Based on the information available, it is proposed that tetramethyl-m-xylylene diisocyanate do not meet any of the criteria set out in section 64 of the CEPA 1999.

The draft Screening Assessment Report for this substance is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstanceschimiques.gc.ca).

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of two substances — Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl)bis(imino-4,1-phenyleneoxy)]bis-, disodium salt (Acid Green 40:1), CAS No. 70161-19-2 and Benzenesulfonic acid, 2,2 -[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt (ADIBSS), CAS No. 83006-67-1 — Specified on the Domestic Substances List [subsection 77(1) of the Canadian Environmental Protection Act, 1999]

Whereas Acid Green 40:1 and ADIBSS are substances on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of a draft Screening Assessment Report conducted on Acid Green 40:1 and ADIBSS pursuant to section 74 of the Act is annexed hereby;

Whereas the Ministers of the Environment and of Health have identified no manufacture or importation activity for Acid Green 40:1 and ADIBSS above 100 kg per calendar year;

Whereas it is proposed that Acid Green 40:1 and ADIBSS do not meet any of the criteria set out in section 64 of the Act; and

Whereas the Minister of the Environment intends to amend the Domestic Substances List, under subsection 87(3) of the Act, to indicate that subsection 81(3) thereof applies with respect to the above substances,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to take no further action on Acid Green 40:1 and ADIBSS at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances Web site (www. chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Existing Substances Division, Environment Canada, Gatineau, Quebec K1A 0H3, 1-800-410-4314 or 819-953-4936 (fax), or by email to Existing.Substances.Existantes@ec.gc.ca.

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

GEORGE ENEI
Acting Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

MARGARET KENNY
Director General
Chemical Sectors Directorate
On behalf of the Minister of the Environment

KAREN LLOYD
Acting Director General
Safe Environments Programme
On behalf of the Minister of Health

ANNEX

Summary of the Screening Assessment Report of Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl)bis(imino-4,1-phenyleneoxy)]bis-, disodium salt (Acid Green 40:1) and Benzenesulfonic acid, 2,2 -[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt (ADIBSS)

CAS RN
(see footnote 6)

DSL Name

70161-19-2

Benzenesulfonic acid, [(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl) bis(imino-4,1-phenyleneoxy)]bis-, disodium salt

83006-67-1

Benzenesulfonic acid, 2,2 -[(9,10-dihydro-5,8-dihydroxy-9,10-dioxo-1,4-anthracenediyl)diimino]bis[5-(1,1-dimethylethyl)-, disodium salt

Footnote 6
CAS RN: Chemical Abstracts Service Registry Number

The above two substances on the Domestic Substances List (DSL) were identified as high priorities for screening assessment, to be part of the Ministerial Challenge, because they met the ecological categorization criteria for persistence (P) and bioaccumulation (B) and inherent toxicity to non-human organisms (iT), under paragraph 73(1)(b) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), and were believed to be in commerce in Canada. The substances were not considered to be a high priority for assessment of potential risks to human health.

Pursuant to paragraph 74(a) of CEPA 1999, the Ministers of the Environment and of Health have conducted a screening assessment on the two substances, which have persistence, bioaccumulation and inherent toxicity properties to non-human organisms.

Results from notices issued under paragraph 71(1)(b) of CEPA 1999 in March 2006 and May 2007 revealed no reports of industrial activity (import or manufacture) with respect to these substances in Canada, above the reporting threshold of 100 kg, for the specified reporting years of 2005 and 2006. These results suggest that these substances are currently not in use above the specified reporting threshold, and therefore the likelihood of exposure to these substances in Canada resulting from commercial activity is low.

Results from the above notices issued under paragraph 71(1)(b) of CEPA 1999 and the accompanying questionnaire of May 2007 also revealed no new information relevant to the PBiT properties of these two substances. Given the lack of any significant commercial activity for these substances, no additional efforts have been made to collect or analyze information relevant to the persistence, bioaccumulation and ecological effects of these two substances beyond what was done for categorization. Therefore, the decisions on PBiT properties made during categorization remain unchanged. The substances are considered to be inherently toxic to non-human organisms. They also meet the criteria for both persistence and bioaccumulation as set out in the Persistence and Bioaccumulation Regulations.

Proposed conclusion

Based on available information, and until new information is received indicating that either of the substances is entering, or may enter the environment, it is proposed that the above two substances are currently not entering, nor are they likely to enter, the environment as a result of commercial activity in Canada. Therefore, it is proposed that they do not meet the criteria set out in section 64 of CEPA 1999.

As substances listed on the DSL, import and manufacture of these two substances in Canada are not subject to notification under subsection 81(1). Given their hazardous PBiT properties, there is concern that new activities for the above two substances which have not been identified or assessed under CEPA 1999 could lead to the substances meeting the criteria set out in section 64 of the Act. Therefore it is recommended that the above two substances be subject to the Significant New Activity provisions specified under subsection 81(3) of the Act, to ensure that any new manufacture, import or use of these substances in quantities greater than 100 kg/year is notified and will undergo ecological and human health risk assessments as specified in section 83 of the Act, prior to the substance being introduced into Canada.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Bracken, The Hon. Keith

2008-829

Government of British Columbia

 

Administrator

 

November 2 to 5, 2008

 

Eldridge, Keith

2008-835

Sept-Îles Port Authority

 

Director

 

Harrison, Peter

2008-834

Privy Council Office

 

Senior Advisor

 

LaForme, The Hon. Harry S.

2008-794

Indian Residential Schools Truth and Reconciliation Commission

 

Commissioner and Chairperson

 

Minto, Shahid

2008-832

Procurement Ombudsman

 

Monette, Rodney

2008-833

Comptroller General of Canada

 

Monnin, The Hon. Marc M.

2008-827

Government of Manitoba

 

Administrator

 

May 5 and 6, 2008

 

Roscoe, The Hon. Elizabeth

2008-828

Government of Nova Scotia

 

Administrator

 

May 12 and 13, 2008

 

May 14, 2008

JACQUELINE GRAVELLE
Manager

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DEPARTMENT OF INDUSTRY

DEPARTMENT OF INDUSTRY ACT

Notice No. DGRB-003-08 — Fees for spectrum in the radio frequency band 4 940-4 990 MHz for broadband public safety communications

The Department of Industry is establishing a licence fee for the use of the radio frequency spectrum in the band 4 940-4 990 MHz for broadband public safety communications. This band will be dedicated primarily for use by public safety agencies to safeguard the lives and security of Canadians.

Introduction

Wireless communications technologies and applications are increasingly playing a crucial role in the ability of public safety agencies to carry out their functions and to deliver enhanced public safety services. The public safety community has reiterated its need for access to dedicated broadband radio frequency spectrum, stating that this band will be critical to the delivery of innovative, advanced applications such as high-speed wireless transfers of large files, images and video. The spectrum may also provide intranet access throughout operating territories. The release of this spectrum will provide public safety agencies with more frequency band options in which to deploy advanced communications applications and services to safeguard the lives and security of Canadians.

In July 2004, the Department added a primary mobile allocation in the band 4 940-4 990 MHz and designated its use for fixed and mobile systems in support of public safety. Stakeholders were invited to provide comments and suggestions to the Department through two sets of consultations. The first consultation was announced in July 2005 in Canada Gazette Notice DGTP-005-05, Proposed Spectrum Utilization Policy, Technical and Licensing Requirements for Broadband Public Safety in the Band 4 940-4 990 MHz, and later closed in October 2005. A second consultation was announced in October 2006 in Canada Gazette Notice DGRB-002-06, Spectrum Licence Fees for Broadband Public Safety in the Band 4 940-4 990 MHz, and concluded in November 2006.

The Department proposed an annual spectrum licence fee of $0.004166 per 50 MHz per population subject to a minimum fee of $250.00 (see footnote 7) for the provision of broadband public safety communications in this band. The Department also proposed that spectrum licences in this band would have a term of ten years and fees would be payable to the Department by March 31 of each year.

Both consultations emphasized the importance of making this spectrum available to the public safety community; the new and enhanced services that the spectrum will support; and the anticipated improvements in the delivery of public safety services. In response to the proposed fee, several stakeholders voiced concerns about charging licence fees to public safety agencies, citing concern that the development and deployment of public safety services, as well as the interoperability between public safety agencies, may be hindered if licensees are unable to afford the fee. However, the Department did not receive a strong negative reaction, as the proposed fee is considered reasonable. Furthermore, no alternate fee level was proposed.

Typically, network systems deployed for wireless communications can cost hundreds of thousands, if not millions of dollars. Based on the review of existing fees in Canada and other countries, the Department believes that this fee will not hinder the ability of public safety agencies to provide essential services, as it represents only a small portion of the total cost to implement and maintain a communications system. In addition, the Department’s analysis of its spectrum licence fees has determined that the fee for this band provides a reasonable assessment of the economic value for the use of this spectrum and that it is in line with the fees paid for spectrum in other bands, including those utilized by public safety agencies.

In accordance with the User Fees Act, the fee was presented to both Houses of Parliament and was approved in early 2008 during the Second Session of the Thirty-Ninth Parliament.

Fee schedule

The Minister of Industry, pursuant to section 19 of the Department of Industry Act, hereby fixes the following spectrum licence fee, effective the date of publication of this notice in the Canada Gazette. The fee is applicable to spectrum licences issued by the Minister pursuant to paragraph 5(1)(a) of the Radiocommunication Act to establish broadband public safety communications systems in accordance with the terms of the licence.

Interpretation

1. For the purpose of this fee schedule,

“service area” means the defined geographic area specified on the spectrum licence;

“specified frequencies” means the full 50 MHz of spectrum in the band 4 940-4 990 MHz specified on the spectrum licence;

“population” means the number of individuals residing in the service area as determined by Statistics Canada and as specified for the service area on the spectrum licence;

“annual fee” means the fee payable for the continuance in force of the spectrum licence until the spectrum licence expires.

Annual spectrum licence fee

2.1. The annual spectrum licence fee, payable with respect to the specified frequencies upon which a public safety entity is authorized to operate, is $0.004166 per 50 MHz per population in the band 4 940-4 990 MHz for the authorized service area specified on the spectrum licence.

2.2. The minimum annual spectrum licence fee with respect to a spectrum licence issued under subsection 2.1 is $250.00.

2.3. The annual spectrum licence fee is calculated based on 50 MHz of radio frequency spectrum in the band 4 940-4 990 MHz.

2.4. The applicable annual spectrum licence fee payable pursuant to subsection 2.1 or 2.2 applies to all new and existing licences effective on the date of publication of this notice.

Schedule I

Table 4: Examples of annual spectrum licence fees for select Canadian service areas

Service Area

Population
(see footnote 8)

Spectrum Fee($0.004166/50 MHz/pop.)

National

31 612 897

$131,699

Province of Quebec

7 546 131

$31,437

Greater Toronto Area

5 113 149

$21,301

Montréal

3 635 571

$15,146

Vancouver

2 116 581

$8,818

Calgary

1 079 310

$4,496

Halifax

372 858

$1,553

Charlottetown (minimum fee)

58 625

$250

Footnote 8
2006 Census population data

Prorated spectrum licence fees

3. For new spectrum licensees, the month that the Minister issues the initial spectrum licence determines the applicable prorated fee.

4. The prorated fee is 1/12 of the total applicable annual licence fee, for each month until March 31 of the current fiscal year.

5. The prorated fee for the current fiscal year’s spectrum licence is due on the date of licence issuance.

General notes

6. Spectrum licences issued for the frequency band 4 940-4 990 MHz are for shared use.

7. The aggregate fees are rounded to the nearest dollar.

8. The annual licence renewal fees are due on or before March 31 for the subsequent year commencing on April 1.

9. These fees may be revised from time to time.

May 12, 2008

THE HONOURABLE JIM PRENTICE, P.C., Q.C., M.P.
Minister of Industry

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Footnote 1
Under the Montreal Protocol, “consumption” refers to the trade (production + import - export) of ozone-depleting substances (ODSs), and not to the use of ODSs.

Footnote 2
For critical uses, significant market disruption would mean the loss of an industry sector or production sector (e.g. one crop), not just the loss of one company or facility, unless a single company represents a large portion of the market.

Footnote 3
The onus is on industry to demonstrate that there are no alternatives or substitutes available.

Footnote 4
The onus is on industry to demonstrate that research programmes are in place.

Footnote 5
It is possible to present exemption nominations two years in advance of the year the exemption is required in order to get a decision one year in advance of the year during which the methyl bromide is needed.

Footnote 7
The minimum licence fee is $250.00 for service areas with populations of 60 000 people or less.