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Vol. 145, No. 3 — January 15, 2011

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 that Act applies to Nickel, bis[2,3-bis(hydroxyimino)-N-(2-methoxyphenyl)butanamidato]-

Whereas Nickel, bis[2,3-bis(hydroxyimino)-N-(2-methoxyphenyl)butanamidato]- (Chemical Abstracts Service Registry No. [CAS] 42739-61-7) is specified on the Domestic Substances List;

Whereas the Minister of the Environment and the Minister of Health have conducted a screening assessment of the substance, under section 74 of the Canadian Environmental Protection Act, 1999 and have released the final decision on the screening assessment under subsection 77(6) of that Act on January 15, 2011, in the Canada Gazette, Part I;

Whereas the Ministers are satisfied that the substance is not being manufactured in or imported into Canada by any person in a quantity of more than 100 kg in any one calendar year;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to the substance in accordance with the Annex.

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, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3, 819-953-7155 (fax), substances@ec.gc.ca (email).

The screening assessment report for this substance may be obtained from the Government of Canada’s Chemical Substances Web site at www.chemicalsubstanceschimiques.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
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

ANNEX

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

42739-61-7

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

42739-61-7 S′

1. Any activity involving, in any one calendar year, more than 100 kg of the substance Nickel, bis[2,3-bis(hydroxyimino)-N-(2-methoxyphenyl)butanamidato]-.

2. For each significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in any one calendar year:

  • (a) a description of the proposed 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 paragraphs 2(d) to (f), items 8 and 9 of Schedule 5 to those Regulations;
  • (d) the information specified in item 11 of Schedule 6 to those Regulations;
  • (e) the mutagenicity data obtained from at least two in vitro tests for gene mutations in both bacterial and mammalian cells, in respect of the chemical, with and without metabolic activation, developed in accordance with the OECD Principles of Good Laboratory Practice mentioned in subsection 15(2) of those Regulations;
  • (f) information sufficient to assess skin irritation in respect of the substance, preferably via a human patch test, developed in accordance with the OECD Principles of Good Laboratory Practice mentioned in subsection 15(2) of those Regulations; and
  • (g) data from a skin sensitization test in respect of the substance, preferably via a human patch test, developed in accordance with the OECD Principles of Good Laboratory Practice mentioned in subsection 15(2) of those Regulations.

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

3. The Order would come into force on the day on which it is registered.

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of 40 petroleum and refinery gases specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas 40 petroleum and refinery gases (the “substances”) annexed hereby are substances on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

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

Whereas it is proposed to conclude that the substances meet one or more 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 propose to recommend to His Excellency the Governor in Council that these substances be added to Schedule 1 to the Act.

Notice is furthermore given that the Ministers of the Environment and of Health have released a risk management scope document for these substances to initiate discussions with stakeholders on the development of a risk management approach.

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, Program Development and Engagement Division, Gatineau, Quebec K1A 0H3, 819-953-7155 (fax), substances@ec.gc.ca (email).

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

MARGARET KENNY
Director General
Chemicals Sector Directorate
On behalf of the Minister of the Environment

STEVE MCCAULEY
Director General
Energy and Transportation Directorate
On behalf of the Minister of the Environment

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

ANNEX

Summary of the draft Screening Assessment of the 40 petroleum and refinery gases listed below

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 of the following site-restricted petroleum and refinery gases:

CAS RN*

Domestic Substances List name

68307-99-3

Tail gas (petroleum), catalytic polymerized naphtha fractionation stabilizer

68476-26-6

Fuel gases

68476-49-3

Hydrocarbons, C2–C4, C3-rich

68477-69-0

Gases (petroleum), butane splitter overheads

68477-71-4

Gases (petroleum), catalytic cracked gas oil depropanizer bottoms, C4-rich acid-free

68477-72-5

Gases (petroleum), catalytic cracked naphtha debutanizer bottoms, C3–C5-rich

68477-73-6

Gases (petroleum), catalytic cracked naphtha depropanizer overhead, C3-rich acid-free

68477-75-8

Gases (petroleum), catalytic cracked, C1–C5-rich

68477-76-9

Gases (petroleum), catalytic polymerized naphtha stabilizer overhead, C2–C4-rich

68477-77-0

Gases (petroleum), catalytic reformed naphtha stripper overheads

68477-86-1

Gases (petroleum), deethanizer overheads

68477-87-2

Gases (petroleum), deisobutanizer tower overheads

68477-93-0

Gases (petroleum), gas concentration reabsorber distillation

68477-97-4

Gases (petroleum), hydrogen-rich

68478-00-2

Gases (petroleum), recycle, hydrogen-rich

68478-01-3

Gases (petroleum), reformer make-up, hydrogen-rich

68478-05-7

Gases (petroleum), thermal cracking distn.

68478-25-1

Tail gas (petroleum), catalytic cracker refractionation absorber

68478-29-5

Tail gas (petroleum), cracked distillate hydrotreater separator

68478-32-0

Tail gas (petroleum), saturate gas plant mixed stream, C4-rich

68478-34-2

Tail gas (petroleum), vacuum residues thermal cracker

68512-91-4

Hydrocarbons, C3–C4-rich, petroleum distillates

68513-16-6

Gases (petroleum), hydrocracking depropanizer off, hydrocarbon-rich

68513-17-7

Gases (petroleum), light straight-run naphtha stabilizer off

68513-18-8

Gases (petroleum), reformer effluent high-pressure flash drum

68514-31-8

Hydrocarbons, C1–C4

68514-36-3

Hydrocarbons, C1–C4, sweetened

68527-16-2

Hydrocarbons, C1–C3

68602-83-5

Gases (petroleum), C1–C5, wet

68602-84-6

Gases (petroleum), secondary absorber off, fluidized catalytic cracker overheads fractionator

68606-27-9

Gases (petroleum), alkylation feed

68607-11-4

Petroleum products, refinery gases

68814-67-5

Gases (petroleum), refinery

68911-58-0

Gases (petroleum), hydrotreated sour kerosene depentanizer stabilizer off

68918-99-0

Gases (petroleum), crude oil fractionation off

68919-02-8

Gases (petroleum), fluidized catalytic cracker fractionation off

68919-04-0

Gases (petroleum), heavy distillate hydrotreater desulphurization stripper off

68919-08-4

Gases (petroleum), preflash tower off, crude distillation

68919-10-8

Gases (petroleum), straight-run stabilizer off

68952-79-4

Tail gas (petroleum), catalytic hydrodesulphurized naphtha separator

* The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society, and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

These substances were identified as high priorities for action during the categorization of the Domestic Substances List as they were determined to present greatest potential or intermediate potential for exposure of individuals in Canada and were considered to present a high hazard to human health. Although they were considered persistent in the environment, they did not meet the ecological categorization criteria for bioaccumulation and inherent toxicity to non-human organisms. These substances were included in the Petroleum Sector Stream Approach because they are related to the petroleum sector and are all complex mixtures.

Petroleum and refinery gases, produced from petroleum facilities (i.e. refining, upgrading or natural gas processing facilities), are a category of saturated and unsaturated light hydrocarbons, predominantly C1 to C5. Some gases may also contain inorganic compounds, such as hydrogen, nitrogen, hydrogen sulphide, carbon monoxide and carbon dioxide. The composition of petroleum and refinery gases varies depending on the source of crude oil, bitumen, or natural gas, and process operating conditions. As such, petroleum and refinery gases are considered to be of Unknown or Variable composition, Complex reaction products or Biological materials (UVCBs).

The site-restricted petroleum and refinery gases often serve as fuels consumed on site, as intermediates for purification and recovery of various gaseous products, or as feedstocks for isomerization and alkylation processes within a facility.

The petroleum and refinery gases considered in this screening assessment have been identified as site-restricted (i.e. they are a subset of petroleum and refinery gases that are not expected to be transported off the facility sites). According to information reported under section 71 of CEPA 1999, and other sources of information, these 40 site-restricted petroleum and refinery gases are consumed on site or are blended into substances leaving the site under different CAS RNs. However, it has been recognized that given the physical-chemical properties of these gases (e.g. high vapour pressures), releases of the petroleum and refinery gases into the atmosphere can occur. Dispersion modelling results show that unintentional releases of these site-restricted petroleum and refinery gases contribute to ambient background levels of 1,3-butadiene in the vicinity of petroleum facilities.

Based on the current available information, none of these CAS RNs are bioaccumulative, but many components of site-restricted petroleum and refinery gases persist in the atmosphere such that all of these CAS RNs are considered to be persistent in the atmosphere based on criteria defined in the Persistence and Bioaccumulation Regulations.

One component of petroleum and refinery gases that is considered to have significant acute toxicity to organisms, ethene, is being assessed in a separate assessment and has not been considered here. This will allow consideration of ethene release from petroleum facility operations as a whole, rather than attempting to link its release to the specific substances that are the subject of the current assessment.

A critical effect for characterization of risk to human health for petroleum and refinery gases is carcinogenicity, as other jurisdictions (European Union) have identified petroleum and refinery gases containing greater than 0.1 wt% 1,3-butadiene as carcinogens. Additionally, 1,3-butadiene has been identified by Health Canada and other international regulatory agencies, as a carcinogen. 1,3-Butadiene was found to be a multi-site carcinogen in rodents, increasing the incidence of tumours at all inhalation concentrations tested. The substance 1,3-butadiene also exhibits genotoxicity in vitro and in vivo, and a plausible mode of action for induction of tumours involves direct interaction with genetic material. The substance 1,3-Butadiene was selected as a high hazard gas component to characterize potential exposure to the general population as it is expected to be present in these 40 CAS RNs. There may be limited general population exposure to petroleum and refinery gases in the vicinity of petroleum facilities, and margins between upper-bounding estimates of exposure to a high-hazard component of petroleum and refinery gases, 1,3-butadiene, and estimates of cancer potency previously developed for inhalation exposure to 1,3-butadiene, are considered potentially inadequate to address uncertainties in the health effects and exposure databases. Margins of exposure for non-cancer endpoints were considered adequate.

A number of regulatory and non-regulatory measures are already in place in Canada, which limit releases of site-restricted petroleum substances, including provincial/territorial operating permit requirements, and best practices and guidelines put in place by the petroleum industry at refinery, upgrader and natural gas processing facilities. Accordingly, environmental exposure to these substances is expected to be minimal. As such, harm to the environment is not expected. Based on the information available, it is proposed that the 40 site-restricted petroleum and refinery gases included in this screening assessment are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

Based on the information available, it is proposed that the 40 site-restricted petroleum and refinery gases are substances that are or may be entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

In addition and where relevant, research and monitoring will support verification of assumptions used during the screening assessment and, where appropriate, the performance of potential control measures identified during the risk management phase.

Proposed conclusion

Based on the information available, it is proposed to conclude that the 40 site-restricted petroleum and refinery gases listed under CAS RNs 68307-99-3, 68476-26-6, 68476-49-3, 68477-69-0, 68477-71-4, 68477-72-5, 68477-73-6, 68477-75-8, 68477-76-9, 68477-77-0, 68477-86-1, 68477-87-2, 68477-93-0, 68477-97-4, 68478-00-2, 68478-01-3, 68478-05-7, 68478-25-1, 68478-29-5, 68478-32-0, 68478-34-2, 68512-91-4, 68513-16-6, 68513-17-7, 68513-18-8, 68514-31-8, 68514-36-3, 68527-16-2, 68602-83-5, 68602-84-6, 68606-27-9, 68607-11-4, 68814-67-5, 68911-58-0, 68918-99-0, 68919-02-8, 68919-04-0, 68919-08-4, 68919-10-8 and 68952-79-4 meet one or more of the criteria set out in section 64 of CEPA 1999.

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

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Akavak, Mikidjuk L.

2010-1631

Nunavut Wildlife Management Board

 

fauniques du Nunavut

 

Chairperson

 

Cameron, Robert B.

2010-1635

Administrator of Yukon

 

Charette, Janice

2010-1640

Government of Canada

 

Commissioner to administer oaths

 

Dutil, Colonel Joseph Marcel Mario

2010-1633

Military Judge and Chief Military Judge

 

MacLeod, Kevin S., C.V.O.

2010-1634

Canadian Secretary to The Queen

 

McCarron, Alice

2010-1632

Canadian Museum of Nature

 

Trustee of the Board of Trustees

 

January 6, 2011

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senators called

His Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada, bearing date of December 18, 2010:

— Meredith, Donald, of Richmond Hill, in the Province of Ontario, Member of the Senate and a Senator for the Province of Ontario; and

— Smith, Larry W., of Hudson, in the Province of Quebec, Member of the Senate and a Senator for the division of Saurel, in the Province of Quebec.

January 6, 2011

DIANE BÉLANGER
Manager

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DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order No. 6 Respecting Mail, Cargo and Baggage

Whereas the annexed Interim Order No. 6 Respecting Mail, Cargo and Baggage is required to deal with an immediate threat to aviation security;

And whereas, pursuant to subsection 6.41(1.2) (see footnote a) of the Aeronautics Act (see footnote b), the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order No. 6 Respecting Mail, Cargo and Baggage;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1) (see footnote c) of the Aeronautics Act (see footnote d), hereby makes the annexed Interim Order No. 6 Respecting Mail, Cargo and Baggage.

Ottawa, January 7, 2011

CHUCK STRAHL
Minister of Transport

INTERIM ORDER NO. 6 RESPECTING MAIL, CARGO AND BAGGAGE

INTERPRETATION

Terminology — Canadian Aviation Security Regulations

1. Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in section 1 of the Canadian Aviation Security Regulations.

MAIL AND CARGO

Yemen

2. An air carrier must not transport on a flight to Canada mail or cargo that originates in Yemen or has transited through Yemen.

Somalia

3. An air carrier must not transport on a flight to Canada mail or cargo that originates in Somalia or has transited through Somalia.

PRINTER OR TONER CARTRIDGES

Prohibition — passengers

4. A passenger must not transport any of the following goods as checked baggage on board a flight operated by an air carrier from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations:

  • (a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
  • (b) a toner cartridge that weighs 500 g (17.6 oz) or more.

Prohibition — air carriers

5. An air carrier must not transport any of the following goods as cargo on board a passenger-carrying flight that departs from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations if the passengers are screened before boarding for weapons, explosive substances, incendiary devices or their components or other dangerous items that could be used to jeopardize the security of an aerodrome or an aircraft:

  • (a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
  • (b) a toner cartridge that weighs 500 g (17.6 oz) or more.

Prohibition — screening authorities

6. A screening authority at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations must not allow a person in possession or control of any of the following goods to pass beyond a screening checkpoint into a sterile area intended for passengers for flights to the United States:

  • (a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
  • (b) a toner cartridge that weighs 500 g (17.6 oz) or more.

DESIGNATED PROVISIONS

Designation

7. (1) Sections 2 to 6 of this Interim Order are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

  • (a) $5,000, in the case of an individual; and
  • (b) $25,000, in the case of a corporation.

Notice

8. A notice referred to in subsection 7.7(1) of the Act must specify

  • (a) the particulars of the alleged contravention;
  • (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
  • (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
  • (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
  • (e) that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

INSURANCE COMPANIES ACT

Groupama Transport — Order to insure in Canada risks

Notice is hereby given of the issuance, pursuant to section 574 of the Insurance Companies Act, of an order to insure in Canada risks, effective December 3, 2010, permitting Groupama Transport to insure risks falling within the following classes of insurance: accident and sickness, boiler and machinery, liability, marine and property.

December 24, 2010

JULIE DICKSON
Superintendent of Financial Institutions

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

INSURANCE COMPANIES ACT

The Provenance Life Insurance Company — Letters patent of incorporation

Notice is hereby given of the issuance on November 26, 2010, pursuant to section 22 of the Insurance Companies Act, of letters patent incorporating The Provenance Life Insurance Company and, in French, Provenance, compagnie d’assurance-vie.

December 24, 2010

JULIE DICKSON
Superintendent of Financial Institutions

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

TRUST AND LOAN COMPANIES ACT

Central 1 Trust Company — Letters patent of incorporation

Notice is hereby given of the issuance on December 17, 2010, pursuant to section 21 of the Trust and Loan Companies Act, of letters patent incorporating Central 1 Trust Company and, in French, Société de fiducie Central 1.

December 24, 2010

JULIE DICKSON
Superintendent of Financial Institutions

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Footnote a
S.C. 2004, c. 15, s. 11(1)

Footnote b
R.S., c. A-2

Footnote c
S.C. 2004, c. 15, s. 11(1)

Footnote d
R.S., c. A-2