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Vol. 143, No. 20 — May 16, 2009

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-06513 authorizing the loading for disposal and the disposal of waste or other matter at sea is amended as follows.

3. Duration of permit: Permit is valid from June 16, 2009, to June 8, 2010.

I. R. GEOFFREY MERCER
Environmental Protection Operations Directorate
Atlantic Region
On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-06577 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Northern Seafoods Ltd., Winterton, Newfoundland and Labrador.

 2. Waste or other matter to be disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

2.1. Nature of waste or other matter: Fish waste and other organic matter consisting of fish and shellfish wastes.

 3. Duration of permit: Permit is valid from June 19, 2009, to June 18, 2010.

 4. Loading site(s): Conche, Newfoundland and Labrador, at approximately 50°53.10′ N, 55°53.70′ W (NAD83).

 5. Disposal site(s): Conche, within a 250 m radius of 50°51.60′ N, 55°57.90′ W (NAD83), at an approximate depth of 40 m.

 6. Method of loading: The Permittee shall ensure that the material is loaded onto 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.

6.1. The Permittee shall ensure that the waste to be disposed of is covered by netting or other material to prevent access by gulls and other marine birds, except during direct loading or disposal of the waste.

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

6.3. The loading and transit shall be completed in a manner that ensures that no material contaminates the marine environment, notably the harbour and adjacent beaches. The Permittee shall also ensure that the loading sites are cleaned up and, if necessary, that spilled wastes are recovered.

 7. Route to disposal site and method of transport: Most direct navigational route from the loading site to the disposal site.

 8. Method of disposal: The Permittee shall ensure that the waste to be disposed of shall be discharged from the equipment or ship while steaming within the disposal site boundaries and in a manner which will promote dispersion.

 9. Total quantity to be disposed of: Not to exceed 200 tonnes.

10. Inspection:

10.1. By accepting this permit, the Permittee and their contractors accept that they are subject to inspection pursuant to Part 10 of the Canadian Environmental Protection Act, 1999.

11. Contractors:

11.1. The loading or disposal at sea referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

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

12. Reporting and notification:

12.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: the expected period of loading and disposal activities. The above-noted information shall be submitted 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).

12.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of Environmental Protection Operations Directorate, c/o Mr. Rick Wadman, as 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 matter disposed of at the disposal site(s) and the dates on which disposal activities occurred.

12.3. This permit shall be displayed in an area of the plant accessible to the public.

I. R. GEOFFREY MERCER
Environmental Protection Operations Directorate
Atlantic Region
On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2009-87-03-03 Amending the Non-domestic Substances List

Whereas, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote b);

Therefore, the Minister of the Environment, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote c), hereby makes the annexed Order 2009-87-03-03 Amending the Non-domestic Substances List.

Ottawa, April 29, 2009

JIM PRENTICE
Minister of the Environment

ORDER 2009-87-03-03 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

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

68551-15-5

132699-78-6

COMING INTO FORCE

2. This Order comes into force on the day on which Order 2009-87-03-02 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15370

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance Butanedioic acid, 2,3-dihydroxy-, mixed alkyl and isoalkyl diesters, (2R,3R)-rel-;

Whereas the substance is not on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic under the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. In relation to the substance Butanedioic acid, 2,3-dihydroxy-, mixed alkyl and isoalkyl diesters, (2R,3R)-rel-, a significant new activity is the use of the substance in any quantity, other than for use as a lubricant additive in engine oils.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

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

(b) the information specified in Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 8 of Schedule 5 to those Regulations;

(d) the information specified in item 11 of Schedule 6 to those Regulations; and

(e) where the proposed significant new activity in relation to the substance would lead to direct, repeated or prolonged human exposure, the information specified in item 10 of Schedule 6 to those Regulations.

3. The above information will be assessed within 90 days after the day on which it is received by the Minister of the Environment.

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15371

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance Butanedioic acid, 2,3-dihydroxy-, mixed alkyl diesters, (2R,3R)-rel-;

Whereas the substance is not on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic under the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. In relation to the substance Butanedioic acid, 2,3-dihydroxy-, mixed alkyl diesters, (2R,3R)-rel-, a significant new activity is the use of the substance in any quantity, other than for use as a lubricant additive in engine oils.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

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

(b) the information specified in Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 8 of Schedule 5 to those Regulations;

(d) the information specified in item 11 of Schedule 6 to those Regulations; and

(e) where the proposed significant new activity in relation to the substance would lead to direct, repeated or prolonged human exposure, the information specified in item 10 of Schedule 6 to those Regulations.

3. The above information will be assessed within 90 days after the day on which it is received by the Minister of the Environment.

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

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DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Western Canada Marine Response Corporation

Notice of an amendment to the fees charged by Western Canada Marine Response Corporation pursuant to an arrangement required by subsections 167(1) and 168(1) of the Canada Shipping Act, 2001

Description

Western Canada Marine Response Corporation (WCMRC) currently is a certified response organization pursuant to section 169 of the Act in respect of a rated capability of 10 000 tonnes and a geographic area covering the waters bordering British Columbia (including the shorelines associated with such waters) and excluding waters north of 60° north latitude.

Definitions

1. In this notice of fees

“Act” means the Canada Shipping Act, 2001. (Loi)

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

“BOCF” means bulk oil cargo fee. (DPPV)

“CALF” means capital asset/loan fee. (DIE)

“designated oil handling facility” means an oil handling facility that is prescribed pursuant to the Act and is located in WCMRC’s geographic area. (installation de manutention d’hydrocarbures agréée)

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

Bulk Oil Cargo Fees

2. The bulk oil cargo fees that are payable to WCMRC in relation to an arrangement required by subsections 167(1) and 168(1) of the Act are the bulk oil cargo fees set out in Part I of this notice.

3. Nothing in this notice is intended to modify, replace or amend the registration fees established by, and payable to, WCMRC and published in the November 8, 2008 edition of the Canada Gazette, Part I.

PART I

4. This part applies to the loading and unloading of oil within WCMRC’s Geographic Area of Response (GAR).

5. In relation to an arrangement with WCMRC, the total BOCF payable by a prescribed oil handling facility shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the prescribed oil handling facility, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this Part.

6. In relation to an arrangement with WCMRC, the total BOCF payable by a ship (bulk oil) shall be determined,

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that is within WCMRC’s geographic area, and that does not have an arrangement with WCMRC, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this Part;

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that is within WCMRC’s geographic area, and that does not have an arrangement with WCMRC, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this Part;

(c) in the case of bulk oil loaded onto the ship (bulk oil) outside WCMRC’s geographic area which is transferred within WCMRC’s geographic area to another ship for use as fuel by such ship, by multiplying the total number of tonnes of bulk oil transferred, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this Part; and

(d) in the case of bulk oil received by the ship (bulk oil) within WCMRC’s geographic area from another ship as cargo where such bulk oil is intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil received by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this Part.

7. The BOCF applicable in respect of oil (other than asphalt) is

(a) an amended fee of zero cents ($0.000) per tonne, plus all applicable taxes from July 1, 2009, to December 31, 2009; and

(b) an amended fee of thirty-nine and six-tenths cents ($0.396) per tonne, plus all applicable taxes from January 1, 2010.

8. The BOCF applicable in respect of asphalt is

(a) an amended fee of zero cents ($0.000) per tonne, plus all applicable taxes from July 1, 2009, to December 31, 2009; and

(b) an amended fee of nineteen and eight-tenths cents ($0.198) per tonne, plus all applicable taxes from January 1, 2010.

PART II

9. The capital asset/loan fees that are payable to WCMRC in relation to an arrangement required by subsections 167(1) and 168(1) of the Act are the capital asset/loan fees set out in Part II of this notice.

10. The capital asset/loan fee (CALF)

(a) is determined on the basis of cost per tonne;

(b) the CALF is calculated by multiplying a capital asset/loan fee rate (“CALFR”) by the applicable quantity of bulk oil loaded or unloaded within WCMRC’s Geographic Area of Response (“GAR”), and where applicable, bulk oil cargo transferred between ships within WCMRC’s GAR;

(c) the CALFR is calculated by dividing the forecast annual Funds Required for Capital Purchases (1) of WCMRC, plus the provision for tax (2) by the forecast Annual Volume (3) of bulk oil cargo to be loaded or unloaded within WCMRC’s GAR (4);

(d) Funds Required for Capital Purchases (1) = Annual Capital Budget plus the annual principal bank loan repayment, less amortization of capital assets (excluding amortization of assets purchased previously with the BOCF);

(e) Provision for tax (2) = (Funds Required for Capital Purchases less amortization of capital assets purchased previously with the BOCF) multiplied by the applicable rate of tax;

(f) Annual Volume (3) = Total volume of bulk oil cargo unloaded + total volume of bulk oil loaded for international destinations and north of 60th parallel of latitude within WCMRC’s GAR and where applicable, bulk oil cargo transferred between ships within WCMRC’s GAR; and

(g) GAR (4) = Geographic area of response for which WCMRC is certified to operate.

11. The CALFR calculated by the above formula is applicable to all products except asphalt. The CALFR for asphalt is 50% of the rate for all other products.

12. The CALF applicable in respect to asphalt is

(a) a fee of eighteen and zero-tenths cents ($0.180) per tonne, plus all applicable taxes from July 1, 2009, to December 31, 2009; and

(b) an amended fee of zero cents ($0.000) per tonne, from January 1, 2010.

The CALF applicable in respect to other products is

(a) a fee of thirty-six and zero-tens cents ($0.360) per tonne, plus all applicable taxes from July 1, 2009, to December 31, 2009; and

(b) an amended fee of zero cents ($0.000) per tonne, from January 1, 2010.

Interested persons may, within 30 days after the date of publication of this notice, file notices of objection that contain the reasons for the objection to Bonnie Leonard, Marine Safety, Operations and Environmental Programs, Environmental Response, Transport Canada, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8, 613-990-4887 (telephone), 613-993-8196 (fax), bonnie.leonard@tc.gc.ca (email). All such representations must cite the Canada Gazette, Part I, the name of the response organization submitting the list of proposed amended fees, and the date of publication of the notice of proposed amended fees.

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DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

Ship-source Oil Pollution Fund

Pursuant to section 91 (see footnote 2) of the Marine Liability Act (the Act) and the Marine Liability Regulations made pursuant to paragraph 91(3)(b) (see footnote 3) of the Act, the maximum aggregate liability of the Ship-source Oil Pollution Fund in respect of any particular occurrence during the fiscal year commencing April 1, 2009, will be $154,392,072.

JOHN BAIRD, P.C., M.P.
Minister of Transport,
Infrastructure and Communities

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DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

Ship-source Oil Pollution Fund

Pursuant to section 94 (see footnote 4) of the Marine Liability Act (the Act) and the Marine Liability Regulations made pursuant to paragraph 94(3)(b) (see footnote 5) of the Act, the amount of the levy in respect of payments into the Ship-source Oil Pollution Fund required by subsection 93(2) (see footnote 6) of the Act would be 46.29 cents if the levy were to be imposed pursuant to subsection 95(1) (see footnote 7) of the Act during the fiscal year commencing April 1, 2009.

JOHN BAIRD, P.C., M.P.
Minister of Transport, Infrastructure
and Communities

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Footnote a
 S.C. 1999, c. 33

Footnote b
 SOR/94-311

Footnote c
 S.C. 1999, c. 33

Footnote 1
 Supplement, Canada Gazette, Part I, January 31, 1998

Footnote 2
 S.C. 2001, c. 6

Footnote 3
 S.C. 2001, c. 6

Footnote 4
 S.C. 2001, c. 6

Footnote 5
 S.C. 2001, c. 6

Footnote 6
 S.C. 2001, c. 6

Footnote 7
 S.C. 2001, c. 6