Vol. 150, No. 49 — December 3, 2016

GOVERNMENT NOTICES

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 54 substances

Whereas the 54 substances set out in this Notice are specified on the Domestic Substances List; (see footnote a)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted rapid screening assessments of each of the 54 substances set out in this Notice under section 68 or 74 of the Canadian Environmental Protection Act, 1999 (see footnote b) and on June 15, 2013, and February 28, 2015, released summaries of the results of these processes for 60-day public comment periods in the Canada Gazette, Part I;

Whereas the ministers are satisfied that the 54 substances set out in this Notice are, in any one calendar year, not being manufactured in Canada and are being imported into Canada by any person in a quantity of more than 100 kg only for a limited number of uses;

And whereas the ministers suspect that the information concerning a significant new activity in relation to any of the 54 substances set out in this Notice may contribute to determining the circumstances in which these substances are toxic or capable of 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 any significant new activities relating to the 54 substances, as set out in this Notice.

Public comment period

Any person may, within 60 days of the 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 by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-938-5212, or by email to eccc.substances.eccc@canada.ca.

The rapid screening assessment reports for the 54 substances may be obtained from the Government of Canada’s Chemical Substances website (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
Assistant Deputy Minister
Science and Technology Branch

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:

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

51-48-9 S′

101-65-5 S′

123-69-3 S′

302-79-4 S′

507-28-8 S′

751-94-0 S′

1796-92-5 S′

2944-30-1 S′

3910-35-8 S′

4091-99-0 S′

5284-79-7 S′

7717-62-6 S′

7774-29-0 S′

10595-60-5 S′

14239-68-0 S′

19014-53-0 S′

41284-31-5 S′

47742-71-2 S′

49757-42-8 S′

52236-80-3 S′

52434-90-9 S′

61790-11-2 S′

61790-54-3 S′

63148-76-5 S′

63568-35-4 S′

68083-40-9 S′

68201-19-4 S′

68228-09-1 S′

68334-11-2 S′

68603-64-5 S′

68648-44-2 S′

69304-37-6 S′

71487-01-9 S′

73003-83-5 S′

106068-87-5 S′

107667-02-7 S′

114792-68-6 S′

132373-76-3 S′

143106-84-7 S′

  • 1. In relation to any substance in Column 1, any activity involving, in any one calendar year, more than 100 kg of the substance, including the use of the substance as a research and development substance or a site-limited intermediate substance as these expressions are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), or as an export-only substance.
  • 2. For each proposed 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 significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 3 to 6 and 7(a) to (d) of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in items 2(a) to (f), 3(a), 3(d) to (f), 4, and 8(c) and (d) of Schedule 5 to those Regulations;
    • (e) if the substance is water-soluble, the information specified in item 5 of Schedule 5 to those Regulations;
    • (f) if the substance has a water solubility between 1 mg/L and 0.1 mg/L, the test data and test report from an aquatic toxicity test and a sediment toxicity test are required; if the substance has a water solubility below 0.1 mg/L, only the test data and test report from a sediment toxicity test are required; the sediment toxicity test must be conducted in accordance to the methodology described in the OECD Test Guidelines for the Testing of Chemicals No. 218, entitled Sediment–Water Chironomid Toxicity Using Spiked Sediment that is current at the time the test data are developed;
    • (g) a description of the industrial process in which the substance is used for the significant new activity and of the main stages of that industrial process, if applicable;
    • (h) a description of the stages in the industrial process where emissions or discharges of the substance to the environment may occur (including how this was determined), the likely quantities and concentrations of the substance in these releases or discharges (daily and annually), the physical form of the substance for each location into which the substance will be released or discharged, and the anticipated frequency and duration of release or discharge, if applicable;
    • (i) an estimate of the quantity of fugitive emissions of the substance from the industrial process (daily and annually), if applicable;
    • (j) an indication of whether waste from the industrial process will go to a wastewater treatment facility or directly to surface waters;
    • (k) a description of any system that treats wastewaters from the industrial process, including the percentage of substance it removes as well as a description of the manner in which the removal rate was determined;
    • (l) a description of any potential releases of the substance that may be generated from a product manufactured or used in the course of the significant new activity, if known;
    • (m) a summary of all other information or test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (n) the identification of every other government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the substance and, if known, the agency’s file number, the outcome of the assessment and the risk management actions in relation to the substance imposed by those agencies;
    • (o) the name, civic and postal addresses and telephone number and, if any, the fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada that is authorized to act on their behalf; and
    • (p) a certification that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are resident in Canada or, if not, by the person resident in Canada that is authorized to act on their behalf.
  • 3. The test data and the test report described in paragraph 2(e) must be in conformity with the practices described in the OECD Principles of Good Laboratory Practice set out in Annex 2 of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, where the Principles of Good Laboratory Practice are current at the time the test data are developed.
  • 4. The above-mentioned information will be assessed within 90 days after the day on which it is received by the Minister.

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

4. Part 2 of the List is proposed to be amended by adding the following:

Column 1


Substance

Column 2

Significant new activity for which substance is subject to subsection 81(3) of the Act

87-62-7 S′

98-95-3 S′

135-88-6 S′

140-41-0 S′

1314-20-1 S′

4454-16-4 S′

4995-91-9 S′

6804-07-5 S′

7580-31-6 S′

14816-18-3 S′

50471-44-8 S′

68610-24-2 S′

  • 1. In relation to any substance in Column 1,
    • (a) the use of the substance in the manufacture of any of the following products containing the substance at a concentration equal to or greater than 0.1% by weight:
      • (i) a consumer product to which the Canada Consumer Product Safety Act applies, or
      • (ii) a cosmetic, within the meaning of section 2 of the Food and Drugs Act;
    • (b) any activity involving any of the following products containing the substance at a concentration equal to or greater than 0.1% by weight, if the product involved in the activity, during any one calendar year, contains a total quantity of the substance greater than 10 kg:
      • (i) a consumer product to which the Canada Consumer Product Safety Act applies, or
      • (ii) a cosmetic, within the meaning of section 2 of the Food and Drugs Act;
    • (c) any other activity involving, in any one calendar year, more than 1 000 kg of the substance.
  • 2. Despite items 1(a), (b) and (c), the use of the substance as a research and development substance or as a site-limited intermediate substance as these expressions are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), or as an export-only substance, is not a significant new activity.
  • 3. For each proposed significant new activity, 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 significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in paragraphs 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
    • (e) a description of the product that contains the substance, the intended use of that product and the function of the substance in that product;
    • (f) a description of how the product is intended to be used or applied;
    • (g) the total quantity of the product expected to be sold in Canada in a calendar year by the person undertaking the significant new activity;
    • (h) a summary of all other information or test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (i) the identification of every government agency, either outside or within Canada, that the person proposing the significant new activity has notified of the substance and, if known, the agency’s file number, the outcome of the assessment and the risk management actions in relation to the substance imposed by those agencies;
    • (j) the name, civic and postal addresses, telephone number and, if any, fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada that is authorized to act on behalf of that person; and
    • (k) a certification stating that the information is accurate and complete, dated and signed by the person proposing the significant new activity, if they are resident in Canada or, if not, by the person resident in Canada that is authorized to act on their behalf.
  • 4. The above-mentioned information will be assessed within 90 days after the day on which it is received by the Minister.

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

6. Part 2 of the List is proposed to be amended by adding the following:

Column 1


Substance

Column 2

Significant new activity for which substance is subject to subsection 81(3) of the Act

150-68-5 S′

18015-76-4 S′

19900-65-3 S′

  • 1. In relation to any substance in Column 1,
    • (a) the use of the substance in the manufacture of any of the following products containing the substance at a concentration equal to or greater than 1.0% by weight:
      • (i) a consumer product to which the Canada Consumer Product Safety Act applies, or
      • (ii) a cosmetic, within the meaning of section 2 of the Food and Drugs Act;
    • (b) any activity involving any of the following products containing the substance at a concentration equal to or greater than 1.0% by weight, if the product involved in the activity, during any one calendar year, contains a total quantity of the substance greater than 10 kg:
      • (i) a consumer product to which the Canada Consumer Product Safety Act applies, or
      • (ii) a cosmetic, within the meaning of section 2 of the Food and Drugs Act;
    • (c) any other activity involving, in any one calendar year, more than 1 000 kg of the substance.
  • 2. Despite items 1(a), (b) and (c), the use of the substance as a research and development substance or as a site-limited intermediate substance as these expressions are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), or as an export-only substance, is not a significant new activity.
  • 3. For each proposed significant new activity, 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 significant new activity in relation to the substance;
    • (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity;
    • (c) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
    • (d) the information specified in paragraphs 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations;
    • (e) a description of the product that contains the substance, the intended use of that product and the function of the substance in that product;
    • (f) a description of how the product is intended to be used or applied;
    • (g) the total quantity of the product expected to be sold in Canada in a calendar year by the person proposing the significant new activity;
    • (h) a summary of all other information or test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they have access, and that are relevant to identifying hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance;
    • (i) the identification of every other government agency, either outside or within Canada, that the person proposing the significant new activity has notified of the substance and, if known, the agency’s file number, the outcome of the assessment and the risk management actions in relation to the substance imposed by those agencies;
    • (j) the name, civic and postal addresses, telephone number and, if any, fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada that is authorized to act on behalf of that person; and
    • (k) a certification stating that the information is accurate and complete, dated and signed by the person proposing the significant new activity, if they are resident in Canada or, if not, by the person resident in Canada that is authorized to act on their behalf.
  • 4. The above-mentioned information will be assessed within 90 days after the day on which it is received by the Minister.

Coming into Force

7. This Order would come into force on the day on which it is registered.

EXPLANATORY NOTE

(This explanatory note is not part of the Notice of Intent.)

Description

The Notice of Intent (NOI) is an opportunity for the public to comment on the proposed amendments to the Domestic Substances List (DSL) to apply the significant new activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (see footnote 1) (CEPA) to the 54 substances listed in Table 1, pursuant to subsection 87(3) of that Act.

Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment. These comments will be taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to the 54 substances listed in Table 1.

A number of other SNAc instruments that will also target consumer products are to be published in the near future. As a result, stakeholder input provided in response to the consumer product language proposed in this NOI may not be reflected in upcoming NOIs due to publication timelines. However, the input will be taken into consideration during the development of all related notices and orders that pertain to consumer products.

The DSL amendments are not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.

Information-gathering methods other than the use of the SNAc provisions were considered, including the addition of the substance to the list of substances subject to the Inventory Update under CEPA, and the periodic market surveillance of products through the analysis of Safety Data Sheets (SDSs). (see footnote 2) However, these tools would collect information after the substance may have been used in consumer products. This could lead to exposure levels of concern.

Applicability of the proposed Order

It is proposed that the Order amending the DSL require any person (individual or corporation) engaging in a significant new activity in relation to any of the 54 substances listed in Table 1 to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 90 days prior to the import, manufacture or use of the substance for the significant new activity.

Table 1: List of substances that would be subject to the proposed Order

Part A: Substances of ecological concern

51-48-9

101-65-5

123-69-3

302-79-4

507-28-8

751-94-0

1796-92-5

2944-30-1

3910-35-8

4091-99-0

5284-79-7

7717-62-6

7774-29-0

10595-60-5

14239-68-0

19014-53-0

41284-31-5

47742-71-2

49757-42-8

52236-80-3

52434-90-9

61790-11-2

61790-54-3

63148-76-5

63568-35-4

68083-40-9

68201-19-4

68228-09-1

68334-11-2

68603-64-5

68648-44-2

69304-37-6

71487-01-9

73003-83-5

106068-87-5

107667-02-7

114792-68-6

132373-76-3

143106-84-7

Part B: Substances of human health concern (concentration threshold, by weight) (see footnote *)

87-62-7 (0.1%)

98-95-3 (0.1%)

135-88-6 (0.1%)

140-41-0 (0.1%)

150-68-5 (1.0%)

1314-20-1 (0.1%)

4454-16-4 (0.1%)

4995-91-9 (0.1%)

6804-07-5 (0.1%)

7580-31-6 (0.1%)

14816-18-3 (0.1%)

50471-44-8 (0.1%)

18015-76-4 (1.0%)

19900-65-3 (1.0%)

68610-24-2 (0.1%)

In order to address ecological concerns, the Order would target activities where any of the substances listed in Part A of Table 1 are used in Canada in a quantity greater than 100 kg for any given calendar year, including the use of the substance as a research and development substance, a site-limited intermediate substance, or an export-only substance. Given the ecological concerns associated with these substances, the use of the substances, even in small quantities, would represent a significant risk to the environment, as discharges to the environment could occur from industrial or commercial activities or from down-the-drain releases. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). (see footnote 3) An export-only substance is a substance that is manufactured or imported in Canada and destined solely for foreign markets.

In order to address human health concerns, the Order would target the use of the substances listed in Part B of Table 1 in consumer products to which the Canada Consumer Product Safety Act (see footnote 4) (CCPSA) applies, as well as in cosmetics, within the meaning of section 2 of the Food and Drugs Act (FDA). Consumer products and cosmetics are potential sources of direct and significant human exposure to these substances. For the manufacture of such products, notification would be required when the concentration of the substance in the product is equal to or greater than the concentration specified in Table 1 for each substance.

For any other activities related to consumer products or cosmetics, notification would be required when, in a calendar year, the concentration of the substance in the product is equal to or greater than the concentration specified in Table 1 for each substance, and the total quantity of the substance to be used in the manufacture, import, or use of the product is greater than 10 kg.

In order to address human health concerns, the Order would also target activities not related to consumer products or cosmetics where any of the substances in Part B of Table 1 are used in Canada in a quantity greater than 1 000 kg in any given calendar year, with the exception of uses of the substances as research and development, site-limited intermediate, or export-only substances. The potential for exposure of humans to the substances from these uses is expected to be low.

Activities not subject to the proposed Order

In relation to the substances listed in Part A of Table 1, the Order would be broadly applicable. Therefore, any activity involving the use of any of these substances in a quantity less than 100 kg for any given calendar year would not require notification.

In relation to the substances listed in Part B of Table 1, the manufacture of consumer products or cosmetics that contain any of the substances at a concentration less than the concentration specified for each substance in Table 1 would be excluded from the application of the proposed Order. Similarly, any other activity involving a consumer product or a cosmetic would not be subject to the Order if the total quantity of the substance used in the manufacture, import or use of such products is 10 kg or less in a calendar year. For activities involving more than 10 kg of the substance in a calendar year, the Order would not apply if the concentration of the substance in the consumer product or cosmetic involved in the activity is less than the concentration specified in Table 1 for each substance. For any other activity not related to consumer products or cosmetics, any activity where less than 1 000 kg of the substance is used during a calendar year would be excluded from the application of the Order. In addition, the use of any of these substances as research and development, site-limited intermediate, or export-only substances would be excluded from the Order, as the potential for exposure of humans to the substances from these uses is expected to be low.

The proposed Order would not apply to products to which the CCPSA does not apply (see Annex A for the CCPSA definition of “consumer product” and exemptions), with the exception of cosmetics within the meaning of section 2 of the FDA, or to uses of these substances that are regulated under the Acts of Parliament listed in Schedule 2 of CEPA, including, for example, the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The Order would also not apply to transient reaction intermediates, impurities, contaminants, or partially unreacted intermediates, or in some circumstances to items such as, but not limited to, wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information. (see footnote 5)

Information to be submitted

The NOI sets out the proposed requirements for information that would need to be provided to the Minister 90 days before the day on which the substances are imported, manufactured or used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct human health and environmental assessments within 90 days after the complete information is received.

The information requirements in the proposed Order relate to general information in respect of the substances, details surrounding their use, and exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).

For the substances listed in Part A of Table 1, information requirements are proposed due to the potential ecological effects of these substances, which are expected based on their relatively high aquatic ecotoxicity. These requirements include, but are not limited to, for water-soluble substances with a solubility below 0.1 mg/L, an acute sediment toxicity test report; for substances with a water solubility between 1 mg/L and 0.1 mg/L, both an acute sediment toxicity test report and an acute aquatic toxicity test report; and for substances with a water solubility greater than 1 mg/L, an acute aquatic toxicity test report. These requirements also include details on the waste management practices with respect to the substance notified in the SNAN.

For the substances listed in Part B of Table 1, information requirements include, but are not limited to, a description of the consumer product or cosmetic containing the notified substance, its mode of use or application, and the total quantity of the product expected to be sold in a calendar year.

Additional guidance on preparing a SNAN can be found in section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Compliance

When assessing whether or not a substance is subject to SNAc provisions, (see footnote 6) a person is expected to make use of information in their possession or to which they ought to have access. The phrase “to which they ought to have access” means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information and the relevant SDS.

Although an SDS is an important source of information on the composition of a purchased product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to an order due to public health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If any information becomes available that reasonably supports the conclusion that any of the substances identified in this proposed Order are toxic or capable of becoming toxic, the person who is in possession or has knowledge of the information and is involved in activities with the substance is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by the original SNAN. The Substances Management Advisory Note, “Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999,” provides more detail on this subject. (see footnote 7)

Any person who transfers the physical possession or control of a substance subject to an order should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Order, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.

A pre-notification consultation (PNC) is available for notifiers who wish to consult during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.

Where a person has questions concerning their obligations to comply with a notice or order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances by contacting the Substances Management Information Line. (see footnote 8)

CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. (see footnote 9) In instances of non-compliance, consideration is given to factors such as the nature of the alleged violation, potential harm, intent, and history of compliance.

ANNEX A

Consumer product definition in the Canada Consumer Product Safety Act (CCPSA) (see footnote 10)

In section 2 of the CCPSA, “consumer product” means a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging. Section 4 of the CCPSA describes the application of the Act as follows:

Consumer products

4. (1) This Act applies to consumer products with the exception of those listed in Schedule 1.

Tobacco products

(2) This Act applies to tobacco products as defined in section 2 of the Tobacco Act but only in respect of their ignition propensity.

Natural health products

(3) For greater certainty, this Act does not apply to natural health products as defined in subsection 1(1) of the Natural Health Products Regulations made under the Food and Drugs Act.

Schedule 1 of the Canada Consumer Product Safety Act (CCPSA)

  1. Explosives within the meaning of section 2 of the Explosives Act.
  2. Cosmetics within the meaning of section 2 of the Food and Drugs Act.
  3. Devices within the meaning of section 2 of the Food and Drugs Act.
  4. Drugs within the meaning of section 2 of the Food and Drugs Act.
  5. Food within the meaning of section 2 of the Food and Drugs Act.
  6. Pest control products within the meaning of subsection 2(1) of the Pest Control Products Act.
  7. Vehicles within the meaning of section 2 of the Motor Vehicle Safety Act and a part of a vehicle that is integral to it — as it is assembled or altered before its sale to the first retail purchaser — including a part of a vehicle that replaces or alters such a part.
  8. Feeds within the meaning of section 2 of the Feeds Act.
  9. Fertilizers within the meaning of section 2 of the Fertilizers Act.
  10. Vessels within the meaning of section 2 of the Canada Shipping Act, 2001.
  11. Firearms within the meaning of section 2 of the Criminal Code.
  12. Ammunition within the meaning of subsection 84(1) of the Criminal Code.
  13. Cartridge magazines within the meaning of subsection 84(1) of the Criminal Code.
  14. Cross-bows within the meaning of subsection 84(1) of the Criminal Code.
  15. Prohibited devices within the meaning of paragraphs (a) to (d) of the definition “prohibited device” in subsection 84(1) of the Criminal Code.
  16. Plants within the meaning of section 3 of the Plant Protection Act, except for Jequirity beans (abrus precatorius).
  17. Seeds within the meaning of section 2 of the Seeds Act, except for Jequirity beans (abrus precatorius).
  18. Controlled substances within the meaning of subsection 2(1) of the Controlled Drugs and Substances Act.
  19. Aeronautical products within the meaning of subsection 3(1) of the Aeronautics Act.
  20. Animals within the meaning of subsection 2(1) of the Health of Animals Act.

[49-1-o]

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. [droits sur les produits pétroliers en vrac (DPPV)]

“CALF” means capital asset/loan fee. [droits d’immobilisations et d’emprunt (DIE)]

“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)

“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)]

Registration fees

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

PART I

3. In relation to an arrangement with WCMRC, the total registration fee payable by a prescribed oil handling facility shall be determined as set out in section 5 of this Part.

4. In relation to an arrangement with WCMRC, the total registration fee payable by a ship shall be determined as set out in section 6 of this Part.

5. The registration fee applicable in respect of the annual membership fees is an amended fee of seven hundred and seventy-five dollars and zero cents ($775.00) per prescribed oil handling facility, plus all applicable taxes, from January 1, 2017.

6. The registration fee applicable in respect of the annual membership fees is an amended fee of seven hundred and seventy-five dollars and zero cents ($775.00) per ship, plus all applicable taxes, from January 1, 2017.

Bulk oil cargo fees

7. 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 II of this notice.

PART II

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

9. 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 11 and 12 of this Part.

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

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

12. The BOCF applicable in respect of asphalt is

Capital asset loan fees

13. 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 III of this notice.

PART III

14. The capital asset/loan fee (CALF) is determined according to the following:

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

16. The CALF applicable in respect of asphalt is

17. The CALF applicable in respect of other products is

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 the Manager, Marine Safety and Security, Transport Canada, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8, 613-993-8196 (fax), marinesafety-securitemaritime@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.

November 23, 2016

Mark Johncox, CA

[49-1-o]

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Western Canada Marine Response Corporation

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

Description

Western Canada Marine Response Corporation (“WCMRC”) 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. This notice establishes an additional bulk oil cargo fee for the Trans Mountain Expansion Project, to be charged in addition to the registration and bulk oil cargo fees, and any amendments thereto, as published by notice in Part I of the Canada Gazette.

Definitions

1. In this notice of fees,

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

“BOCF” means the bulk oil cargo fee payable to WCMRC in relation to an arrangement required by subsections 167(1) and 168(1) of the Act, and any amendments thereto, as published, or as amended by notice in Part I of the Canada Gazette. [droits sur les produits pétroliers en vrac (DPPV)]

“registration fees” means the registration fees payable to WCMRC in relation to an arrangement required by subsections 167(1) and 168(1) of the Act, and any amendments thereto, as published by notice in Part I of the Canada Gazette. (droits d’enregistrement)

“TMEP BOCF” means the Trans Mountain Expansion Project bulk oil cargo fee, a fee charged on crude oil shipments in bulk loaded onto a ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, except shipments of jet fuel, from the Westridge oil handling facility owned by Trans Mountain Pipeline L.P. [droits sur les produits pétroliers en vrac du projet d’expansion de Trans Mountain (DPPV PETM)]

Trans Mountain Expansion Project bulk oil cargo fee

2. In relation to the arrangement with WCMRC for the Westridge oil handling facility, the TMEP BOCF will be determined by multiplying the total number of tonnes of oil loaded, within the meaning of the TMEP BOCF definition, by the TMEP BOCF rate per tonne of bulk oil.

3. The TMEP BOCF rate applicable is five dollars and sixty and seven tenth cents ($5.607) per tonne of bulk oil, plus all applicable taxes, from January 1, 2017.

4. The TMEP BOCF will be charged in addition to the registration fees and BOCF, as amended from time to time, as published by notice in Part I of the Canada Gazette.

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 the Manager, Marine Safety and Security, Transport Canada, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8, 613-993-8196 (fax), marinesafety-securitemaritime@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.

November 23, 2016

Mark Johncox, CA

[49-1-o]

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website (http://www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng).

Position

Organization

Closing date

Director

Canada Pension Plan Investment Board

 

Chairperson

Canadian Air Transport Security Authority

December 15, 2016

Chairperson

Canadian Museum for Human Rights

January 23, 2017

Trustees

Canadian Museum for Human Rights

January 9, 2017

Chairperson

Canadian Museum of History

January 23, 2017

Trustees

Canadian Museum of History

January 9, 2017

Vice-Chairperson

Canadian Museum of History

January 23, 2017

Trustees

Canadian Museum of Immigration at Pier 21

January 9, 2017

Chairperson

Canadian Museum of Immigration at Pier 21

January 23, 2017

Trustees

Canadian Museum of Nature

January 9, 2017

Chairperson

Canadian Museum of Nature

January 23, 2017

Member

Judicial Advisory Committees

 

Director (Federal Representative)

Montréal Port Authority

 

Trustees

National Gallery of Canada

January 9, 2017

Vice-Chairperson

National Gallery of Canada

January 23, 2017

Chairperson

National Gallery of Canada

January 23, 2017

Trustees

National Museum of Science and Technology

January 9, 2017

Commissioner of Lobbying

Office of the Commissioner of Lobbying

January 9, 2017

Commissioner of Official Languages for Canada

Office of the Commissioner of Official Languages

January 9, 2017

Conflict of Interest and Ethics Commissioner

Office of the Conflict of Interest and Ethics Commissioner

January 9, 2017

Director (Federal Representative)

Prince Rupert Port Authority

 

Director (Federal Representative)

Sept-Îles Port Authority

 

Director (Federal Representative)

Thunder Bay Port Authority

 

Director (Federal Representative)

Vancouver Fraser Port Authority

 

Chairperson

Via Rail Canada Inc.

December 15, 2016

Upcoming opportunities

New opportunities that will be posted in the coming weeks.

Position

Organization

President (Chief Executive Officer)

Atomic Energy of Canada Limited

Chairperson

Canadian Centre on Substance Abuse

Directors

Canadian Centre on Substance Abuse

Members

Canadian Institutes of Health Research

Chairperson

Canadian International Trade Tribunal

Permanent Members

Canadian Nuclear Safety Commission

Directors

Canadian Race Relations Foundation

Citizenship Judges

Citizenship Commission

Directors

First Nations Financial Management Board

Sergeant-at-Arms

House of Commons

Members

National Arts Centre Corporation

Chairperson

National Battlefields Commission

Commissioner

National Battlefields Commission

Full-time Member

National Energy Board

Members

National Film Board

Director

Office of the Director of Public Prosecutions

Executive Vice-Chairperson and Member

Parole Board of Canada

Chairperson

Patented Medicine Prices Review Board

Member

Patented Medicine Prices Review Board

Chairperson and Member

Standards Council of Canada

Member

Telefilm Canada

Ongoing opportunities

Opportunities posted on an ongoing basis.

Position

Organization

Full-time and Part-time Members

Immigration and Refugee Board

Members — All regional divisions (full-time positions and part-time positions)

Parole Board of Canada

Full-time and Part-time Members (Appeal Division)

Social Security Tribunal

Full-time and Part-time Members (General Division — Employment Insurance Section)

Social Security Tribunal

Full-time and Part-time Members (General Division — Income Security Section)

Social Security Tribunal

Members

Veterans Review and Appeal Board

[49-1-o]

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

Standard Chartered Bank — Approval to have a financial establishment in Canada

Notice is hereby given, pursuant to subsection 522.21(1) of the Bank Act, that the Minister of Finance approved, on November 17, 2016, Standard Chartered Bank to have a financial establishment in Canada.

November 18, 2016

Jeremy Rudin
Superintendent of Financial Institutions

[49-1-o]