Canada Gazette, Part I, Volume 153, Number 24: GOVERNMENT NOTICES

June 15, 2019

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Interim Order Modifying the Operation of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (Trailer Standards)

Whereas certain provisions of part 1037 of title 40 of the United States Code of Federal Regulations correspond to certain provisions of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations footnote a;

And whereas certain provisions of those Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations footnote a are inconsistent with Title 40, chapter I, subchapter U, part 1037, of the Code of Federal Regulations because of the stay of the operation of the emission provisions for trailers — namely, the greenhouse gas emission standards for trailers, at 40 Code of Federal Regulations section 1037.107, and the other provisions in 40 Code of Federal Regulations Part 1037 that are contained in the Final Rule of United States’ Environmental Protection Agency, published in October 2016 in volume 81 of the Federal Register of the United States, at page 73,478, to the extent that they apply to trailers or trailer manufacturers — that was granted by the U.S. Court of Appeals for the District of Columbia Circuit, on October 27, 2017, in the case of Truck Trailer Manufacturers Association Inc. v the United States Environmental Protection Agency, and al. (Case No. 16-1430, consolidated with No. 16-1447);

Therefore, the Minister of the Environment, pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999 footnote b, makes the annexed Interim Order Modifying the Operation of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (Trailer Standards).

Gatineau, May 27, 2019

Catherine McKenna
Minister of the Environment

Interim Order Modifying the Operation of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations (Trailer Standards)

January 1, 2020

1 Despite any provision of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations, those Regulations do not apply to trailers on and after January 1, 2020.

EXPLANATORY NOTE

(This note is not part of the Interim Order.)

The Order approves the Interim Order Modifying the Operation of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations made by the Minister of the Environment on May 27, 2019. Without this approval, the Interim Order Modifying the Operation of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations would, in accordance with subsection 163(3) of the Canadian Environmental Protection Act, 1999, cease to have effect 14 days after it was made. As a result of this approval, the Interim Order Modifying the Operation of the Heavy-duty Vehicle and Engine Greenhouse Gas Emission Regulations will, in accordance with subsection 163(5) of the Canadian Environmental Protection Act, 1999, cease to have effect on the day it is repealed, the day on which regulations having the same effect come into force or one year after the order is made, whichever is earlier.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 19921

Ministerial condition

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance amides, tall-oil fatty, N-[3-(dimethylamino)propyl], Chemical Abstracts Service Registry No. 68650-79-3;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.

Nancy Hamzawi
Assistant Deputy Minister
Science and Technology Branch

On behalf of the Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

2. The notifier may manufacture or import the substance in accordance with the present ministerial conditions.

Restrictions

3. The notifier may import the substance only to incorporate it as a component of asphalt or bitumen emulsions.

4. The notifier shall transfer the physical possession or control of the substance only to a person who will use it in accordance with item 3.

5. At least 120 days prior to beginning manufacturing the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:

Disposal of the substance

6. The notifier or the person to whom the substance has been transferred must

Environmental release

7. Where any release of the substance or waste to the environment occurs, the person who has the physical possession or control of the substance or waste shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the person shall as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Canadian Environmental Protection Act, 1999.

Record-keeping requirements

8. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

(2) The notifier shall maintain the electronic or paper records mentioned in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.

Other requirements

9. The notifier shall inform any person to whom they transfer the physical possession or control of the substance, waste or containers or transportation vessels that contained the substance, in writing, of the terms of the present ministerial conditions. The notifier shall obtain, prior to the first transfer of the substance, waste or containers or transportation vessels, written confirmation from this person that they were informed of the terms of the present ministerial conditions. This written confirmation shall be maintained at the principal place of business in Canada of the notifier or of their representative in Canada for a period of at least five years from the day it was received.

Coming into force

10. The present ministerial conditions come into force on June 6, 2019.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 19925

Ministerial condition

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance amides, tall-oil fatty, N-[3-(dimethylamino)propyl], Chemical Abstracts Service Registry No. 68650-79-3;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.

Nancy Hamzawi
Assistant Deputy Minister
Science and Technology Branch

On behalf of the Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

2. The notifier may manufacture or import the substance in accordance with the present ministerial conditions.

Restrictions

3. The notifier may import the substance only to incorporate it as a component of asphalt or bitumen emulsions.

4. The notifier shall transfer the physical possession or control of the substance only to a person who will use it in accordance with item 3.

5. At least 120 days prior to beginning manufacturing the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:

Disposal of the substance

6. The notifier or the person to whom the substance has been transferred must

Environmental release

7. Where any release of the substance or waste to the environment occurs, the person who has the physical possession or control of the substance or waste shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the person shall as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Canadian Environmental Protection Act, 1999.

Record-keeping requirements

8. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

(2) The notifier shall maintain the electronic or paper records mentioned in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.

Other requirements

9. The notifier shall inform any person to whom they transfer the physical possession or control of the substance, waste or containers or transportation vessels that contained the substance, in writing, of the terms of the present ministerial conditions. The notifier shall obtain, prior to the first transfer of the substance, waste or containers or transportation vessels, written confirmation from this person that they were informed of the terms of the present ministerial conditions. This written confirmation shall be maintained at the principal place of business in Canada of the notifier or of their representative in Canada for a period of at least five years from the day it was received.

Coming into force

10. The present ministerial conditions come into force on June 6, 2019.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 19927

Ministerial condition

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance amides, tall-oil fatty, N-[3-(dimethylamino)propyl], Chemical Abstracts Service Registry No. 68650-79-3;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.

Nancy Hamzawi
Assistant Deputy Minister
Science and Technology Branch

On behalf of the Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

2. The notifier may manufacture or import the substance in accordance with the present ministerial conditions.

Restrictions

3. The notifier may import the substance only to incorporate it as a component of asphalt or bitumen emulsions.

4. The notifier shall transfer the physical possession or control of the substance only to a person who will use it in accordance with item 3.

5. At least 120 days prior to beginning manufacturing the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:

Disposal of the substance

6. The notifier or the person to whom the substance has been transferred must

Environmental release

7. Where any release of the substance or waste to the environment occurs, the person who has the physical possession or control of the substance or waste shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the person shall as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Canadian Environmental Protection Act, 1999.

Record-keeping requirements

8. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

(2) The notifier shall maintain the electronic or paper records mentioned in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.

Other requirements

9. The notifier shall inform any person to whom they transfer the physical possession or control of the substance, waste or containers or transportation vessels that contained the substance, in writing, of the terms of the present ministerial conditions. The notifier shall obtain, prior to the first transfer of the substance, waste or containers or transportation vessels, written confirmation from this person that they were informed of the terms of the present ministerial conditions. This written confirmation shall be maintained at the principal place of business in Canada of the notifier or of their representative in Canada for a period of at least five years from the day it was received.

Coming into force

10. The present ministerial conditions come into force on June 6, 2019.

DEPARTMENT OF FISHERIES AND OCEANS

OCEANS ACT

Icebreaking services fee schedule

The Minister of Fisheries, Oceans and the Canadian Coast Guard, pursuant to section 47 of the Oceans Act, footnote 1 hereby fixes the fees to be paid for icebreaking services provided by the Canadian Coast Guard, in accordance with the annexed fee schedule.

The annexed fee schedule replaces the Fee Schedule — Icebreaking Services Fee Schedule, which came into effect on December 21, 1998, and any subsequent amendments.

Jonathan Wilkinson
Minister of Fisheries, Oceans and the Canadian Coast Guard

FEE SCHEDULE

Fees to be paid for icebreaking services provided by the Canadian Coast Guard

Interpretation

1. The definitions in this section apply in this fee schedule with respect to the calculation, collection and payment of icebreaking services fees.

Application

2. (1) Subject to subsections (2) to (6) and section 3, all ships with a gross tonnage of 200 or more that transit areas in the ice zones, during ice season dates, as defined in Annex I, shall pay fees in accordance with this fee schedule.

(2) This fee schedule does not apply to a ship that is operated by, or on the behalf of, the Government of the Province of Newfoundland and Labrador.

(3) A transit made exclusively along a route where the only icebreaking services available are ice routing and information services, which are not necessary to transit that route, will not be subject to the fee.

(4) A stop at a Canadian port for any of the sole purposes specified in this subsection will not be subject to the fee:

(5) This fee schedule does not apply to a transit completed by a tug or a pilot boat for which the sole purpose was the support of another self-propelled vessel.

(6) Where a transit completed by a tug-barge combination is subject to this fee schedule, the fee shall be payable by the tug.

PART I

Fees

3. This fee shall be adjusted annually on December 1 in accordance with the Service Fees Act. footnote 2

4. (1) Subject to subsections (2) to (5), the fee payable, for icebreaking services, by a ship for each transit to or from a Canadian port located in the ice zone within the ice season dates prescribed in Annex I is $3,100.

(2) The fee set out in subsection (1) is payable a maximum of eight times per ship during each ice season, as provided for in Annex I, beginning with the ice season commencing on December 21, 1998.

(3) Notwithstanding subsection (2) and subject to subsection (4), the fee set out in subsection (1) is payable a maximum of three times per ship during each 30-day period, such period to be determined separately for each ship.

(4) The first 30-day period referred to in subsection (3) will begin, for each ship, with the first chargeable transit each ship makes during an ice season. Subsequent 30-day periods will begin with the first chargeable transit each ship makes following the end of the previous 30-day period.

(5) Based on the information provided on the class certificate of a ship, it may qualify for a rebate in icebreaking services fees. The fee set out in subsection (1) shall be reduced by 15%, 25% or 35% in accordance with the table in Annex II.

PART II

General

Fee collection

5. A fee prescribed by this fee schedule shall be paid by the ship upon issuance of an invoice by the Minister or a person authorized by the Minister to the ship, the authorized representative within the meaning of the Canada Shipping Act, 2001, footnote 3 or an agent of the ship.

Coming into force

6. This fee schedule comes into force on July 1, 2019.

ANNEX I

Areas of the ice zone
Area Description Ice Season Dates
1. All ports situated along the northeast and northwest coast of Newfoundland and Labrador from, but not including, Flower’s Cove, N.L. (approximately 51°18′00″ N - 56°44′00″ W) to, and including, Cape St. Francis, N.L. (approximately 47°49′00″ N - 52°47′00″ W) and estuaries, rivers, and the adjacent Canadian waters including islands. January 15–May 15
2. All Canadian ports situated in the St. Lawrence River and the Gulf of St. Lawrence including estuaries, rivers, and the adjacent Canadian waters including islands in the area bounded on the east by a straight line drawn from and including Port Morien, Nova Scotia (approximately 46°08′00″ N - 59°52′00″ W) to and including Channel-Port-aux-Basques, N.L. (approximately 47°34′00″ N - 59°09′00″ W), the west coast of Newfoundland and Labrador and estuaries, rivers and the adjacent Canadian waters including islands from Channel-Port-aux-Basques, N.L., to and including, Flower’s Cove, N.L. (approximately 51°18′00″ N - 56°44′00″ W) and a straight line drawn from Flower’s Cove, N.L. to and including Blanc Sablon, Quebec, (approximately 51°25′00″ N - 57°08′00″ W); and bounded on the west by the entrance to the St. Lawrence Seaway at the east end of the St. Lambert Lock (approximately 45°30′03″ N - 73°30′20″ W); and all Canadian ports situated along the shores of Lake Superior, Lake Huron, Lake Erie, and Georgian Bay including estuaries, connecting rivers and lakes, the adjacent Canadian waters including islands, and the Welland Canal but not including Port Weller. December 21–April 15
3. All Canadian ports situated along the shores of Lake Ontario including estuaries, connecting rivers and lakes, and the adjacent Canadian waters including islands bounded by and including the St. Lambert Lock (approximately 45°30′03″ N - 73°30′20″ W) and Port Weller (approximately 43°13′00″ N - 79°14′00″ W). December 21–24 and April 1–15

ANNEX II

Ice class rebates
Classification Society Ice Class Discount
35% 25% 15%
American Bureau of Shipping

A1 Ice Strengthening Class AA AMS
or
A1 Ice Strengthening Class 1AA AMS
or
Ice Class A0

A1 Ice Strengthening Class A AMS
or
A1 Ice Strengthening
Class 1A AMS
or
Ice Class B0

A1 Ice Strengthening Class B AMS
or
A1 Ice Strengthening Class 1B AMS
or
Ice Class C0

A1 Ice Strengthening Class C AMS
or
A1 Ice Strengthening Class 1C AMS
or
Ice Class D0
Bureau Veritas

1 A 1 ICE A*
or
1 A 1 ICE 1A*
or
1 3/3 E glace 1-super
or
1 3/3 E Ice Class 1A Super
or
Ice Class 1A Super

1 3/3 E glace 1
or
1 3/3 E Ice Class 1A
or
Ice Class 1A

1 3/3 E glace II
or
1 3/3 E Ice Class 1B
or
Ice Class 1B

1 3/3 E glace III
or
1 3/3 E Ice Class 1C
or
Ice Class 1C
Det Norske Veritas (DNVL)

1 A 1 ICE A*
or
1 A 1 ICE 1A*
or
Ice (1A)
or
ICE-1A
or
E4

1 A 1 ICE A
or
1 A 1 ICE 1A
or
Ice (1A)
or
ICE-1A
or
E3

1 A 1 ICE B
or
1 A 1 ICE 1B
or
Ice (1B)
or
ICE-1B
or
E2

1 A 1 ICE C
or
1 A 1 ICE 1C
or
Ice (1C)
or
ICE-1C
or
E1
German-ischer Lloyd 100 A 4 E 4 MC 100 A 4 E 3 MC 100 A 4 E 2 MC 100 A 4 E 1 MC
Lloyd’s Register of Shipping

100A1 Ice Class 1* LMC
or
100A1 Ice Class 1A Super LMC
or
Ice Class 1AS FS (+)

100A1 Ice Class 1 LMC
or
100A1 Ice Class 1A LMC
or
Ice Class 1A FS (+)
or
Ice Class 1A FS

100 A1 Ice Class 2 LMC
or
100 A1 Ice Class 1B LMC
or
Ice Class 1B FS (+)
or
Ice Class 1B FS

100 A1 Ice Class 3 LMC
or
100 A1 Ice Class 1C LMC
or
Ice Class 1C FS (+)
or
Ice Class 1C FS
Nippon Kaiji Kyokai

NS MNS Class AA 1S
or
NS* (Class 1A Super Ice Strengthening) MNS
or
NS* Class AA IS MNS*
or
NS (Class 1A Super Ice Strengthening)

NS* MNS* Class A 1S
or
NS* (Class 1A Ice Strengthening)

NS* MNS* Class B 1S
or
NS* (Class 1B Ice Strengthening) MNS*

NS* MNS* Class C 1S
or
NS* (Class 1C Ice Strengthening)
Polski Rejestr Statkow

*KM YLA
or
*KM YL
or
L1A

*KM L1
or
L1

*KM L2
or
L2

*KM L3
or
L3
Russian Maritime Register of Shipping

**KM YΛA
or
*KM YΛ
or
UL or LU5 or Arc5

*KM Λ1
or
L1
or
LU4
or
Arc4

*KMΛ2
or
L2
or
LU3
or
Ice 3

*KM Λ3
or
L3
or
LU2
or
Ice 2
Registro Italiano Navale / RINA Services

100A-1.1 RG 1*
or
100A-1.1 1AS
or
Ice Class 1A Super

100A-1.1 RG 1
or
100A-1.1 1A
or
Ice Class 1A

100A-1.1 RG 2
or
100A-1.1 1B
or
Ice Class 1B

100A-1.1 RG 3
or
100A-1.1 1C
or
Ice Class 1C
Registrul Naval Roman

RNR M G 60 CM O
or
RNR M G 50 CM O

 RNR M G 40 CM O RNR M G 30 CM O RNR M G 20 CM O
China Classification Society Ice Class B1* Ice Class B1 Ice Class B2 Ice Class B3
Finnish-Swedish Ice Class Rules 1A Super 1A 1B 1C
International Association of Classification Societies PC1 to PC7      
Korean Register of Shipping 1A Super 1A 1B 1C

EXPLANATORY NOTE

(This note is not part of the fee schedule.)

The icebreaking services fee (ISF) was introduced in 1998 to recover a portion of the costs in delivering Canadian Coast Guard ice services to the commercial marine industry.

This ISF schedule replaces and revises the previous ISF fee schedule. The principal changes to the ISF schedule are the following:

DEPARTMENT OF FISHERIES AND OCEANS

OCEANS ACT

Marine navigation services fee schedule

The Minister of Fisheries, Oceans and the Canadian Coast Guard, pursuant to section 47 of the Oceans Act, footnote 4 hereby fixes the fees to be paid for marine navigation services provided by the Canadian Coast Guard, in accordance with the annexed fee schedule.

The annexed fee schedule replaces the Fee Schedule —Fees to be Paid for Marine Navigation Services provided by the Canadian Coast Guard, which came into effect on October 1, 1998, and any of its subsequent amendments.

Jonathan Wilkinson
Minister of Fisheries, Oceans and the Canadian Coast Guard

FEE SCHEDULE

Fees to be paid for marine navigation services provided by the Canadian Coast Guard

Interpretation

1. The definitions in this section apply to this fee schedule.

Application

2. (1) Subject to subsections (2) to (8), all ships operating in Canadian waters shall pay fees in accordance with this fee schedule.

(2) This fee schedule does not apply to ships navigating in the waters of the prescribed northern zones pursuant to subsection 7303.1(1) of the Income Tax Regulations. footnote 6

(3) This fee schedule does not apply to ships operating in Canadian waters where more than 50% of the total weight in tonnes of all the cargo they carry is constituted of goods intended for the maintenance or development of communities located within the prescribed northern zones pursuant to subsection 7303.1(1) of the Income Tax Regulations.

For further clarity, the goods to be used for the purposes of national defence; exploration for or the development, extraction or processing of oil, gas or any mineral; provision of fuel or supplies to other vessels; or for tourism, are not considered to be “goods intended for the maintenance or development of the communities.”

The total weight of all the cargo carried by a ship is considered as follows:

(4) This fee schedule does not apply to ships that are travelling through Canadian waters en route to, or from, a port in the United States, without a stop at a Canadian port.

(5) This fee schedule does not apply to a ship that is operated by, or on the behalf of, the government of the province of Newfoundland and Labrador.

(6) Notwithstanding section 10, this fee schedule does not apply to a barge that is operated in the Western Region.

(7) This fee schedule does not apply to a boom boat that is operated exclusively within a private booming yard in the Western Region.

(8) Subject to subsection 4(3), when a non-Canadian ship is subject to fees under two different provisions of this fee schedule in the same 30-day period, only the higher of the total fees payable under each provision applies, or where the amount of the two fees is identical, only the second fee incurred will apply.

Fees

3. The fees described in Parts I, II and III are adjusted annually on January 1 in accordance with the Service Fees Act. footnote 8

PART I

Fees in the Western Region

Non-Canadian ships

4. (1) Subject to subsections (2) and (3) and section 10, the fee payable, for marine navigation services, by a non-Canadian ship with a gross tonnage of 1 000 or more is, for each entry into Canadian waters of the Western Region, $640 plus the gross tonnage of that ship multiplied by $0.028.

(2) The fee set out in subsection (1) is payable to a maximum of 12 times per 12-month period beginning January 1 of each year.

(3) Where a ship’s gross tonnage is less than 1 000, the ship may elect to pay the fee prescribed by subsection (1) or the fee prescribed by subsection 5(2).

Canadian ships

5. (1) The fee payable per 12-month period on January 1 of each year, for marine navigation services, by a Canadian ship with a gross tonnage of 1 000 or more that is operating in Canadian waters of the Western Region is $5,900 plus the gross tonnage of that ship multiplied by $0.45.

(2) Subject to subsection (3), the fee payable per 12-month period on January 1 of each year, for marine navigation services, by a Canadian ship with a gross tonnage of 15 or more but less than 1 000 that is operating in Canadian waters of the Western Region is $300 plus the gross tonnage of that ship multiplied by $9.50.

(3) The fee payable per 12-month period on January 1 of each year for marine navigation services, by a tug that is a Canadian ship with a gross tonnage of 5 or more but less than 1 000 and that is operating in Canadian waters of the Western Region is $300 plus the gross tonnage of that tug multiplied by $9.50.

(4) The fee payable per 12-month period on January 1 of each year for marine navigation services, by a Canadian ship with a gross tonnage of less than 15 that is operating in Canadian waters of the Western Region, other than a ship mentioned in subsection (3), is $200.

PART II

Fees in the Maritimes Region, the Newfoundland Region and the Laurentian and Central Region

Non-Canadian ships

6. (1) Subject to subsections (2), (3) and (4) and section 10, the fee payable, for marine navigation services, by a non-Canadian ship whose principal purpose is the transportation of goods or merchandise, that is loading or unloading cargo at a Canadian port is, for cargo that is loaded, the amount obtained by multiplying the weight in tonnes of the cargo that is loaded, to a maximum of 50 000 tonnes, and for cargo that is unloaded, the amount obtained by multiplying the weight in tonnes of the cargo that is unloaded, to a maximum of 50 000 tonnes, by

  1. $0.152, in the Laurentian and Central Region;
  2. $0.089, in the Bay of Fundy ports in the Maritimes Region;
  3. $0.216 in the Northumberland Strait and PEI ports in the Maritimes Region;
  4. $0.107 in all other Nova Scotia ports in the Maritimes Region;
  5. $0.160 in the Chaleur Bay ports in the Maritimes Region;
  6. $0.216 in the Miramichi River ports in the Maritimes Region; and
  7. $0.152 in the Newfoundland Region.

(2) In calculating the fee prescribed by subsection (1), the weight of cargo that is loaded or unloaded shall not include the weight of transshipped cargo that has been previously carried by a ship for which a fee has been paid.

(3) The fee calculated in subsection (1) shall not exceed $0.05 per tonne for aggregates and $0.15 per tonne for gypsum.

(4) Subject to subsections (2) and (3) and subsections 8(4), (5) and (6), the fee payable for marine navigation services, by a non-Canadian ship that is a bulk carrier or a container ship that is operating between U.S. and Canadian ports in the Great Lakes is the amount obtained by the application of the formula prescribed in subsection 8(3).

  1. 7. Subject to section 10, the fee payable, for marine navigation services, by a non-Canadian cruise ship that is operating in Canadian waters in the Maritimes Region, Newfoundland Region or Laurentian and Central Region is the following amount for each arrival at a Canadian port, to a maximum of three arrivals in any 30-day period:
  2. $300 for non-Canadian cruise ships with a gross tonnage of less than or equal to 150;
  3. $500 for non-Canadian cruise ships with a gross tonnage greater than 150 but less than or equal to 22 500; or
  4. $1500 for non-Canadian cruise ships with a gross tonnage greater than 22 500.
Canadian ships

8. (1) Subject to subsections (2) to (7), the quarterly fee payable, for marine navigation services, by a Canadian ship that is operating in Canadian waters in the Maritimes Region, Newfoundland Region or Laurentian and Central Region is the amount obtained by multiplying the gross tonnage of that ship, to a maximum of 50 000, by $1.14.

(2) A Canadian ship which operates under a Transport Canada marine safety inspection certificate which restricts its annual operating season to six months or less and for which a fee is payable under subsection (1) will only be subject to that fee for a maximum of two quarters in any calendar year.

(3) Subject to subsection (4), the quarterly fee payable for marine navigation services, by a Canadian ship that is a bulk carrier or container ship that is operating in Canadian waters other than the waters of the Western Region is the amount obtained by multiplying 1/100 of the distance travelled in kilometres, rounded to the next highest whole number, by the tonnes carried by $0.0070.

(4) All ships subject to fees under subsection (3) are required to submit documentation as to vessel type to the Minister within the first quarter in which the fee is payable; otherwise, the fees payable by the ship will be those prescribed in subsection 6(1).

(5) Notwithstanding the calculation of the fee in subsection (3), the fee payable by a bulk carrier or container ship shall not exceed $0.05 per tonne for aggregates, $0.15 per tonne for gypsum to a maximum of 50 000 tonnes and $0.16 per tonne for all other commodities.

(6) In calculating the fee prescribed by subsection (3), the weight of cargo that is carried shall not include the weight of transshipped cargo that has been previously carried by a ship for which a fee has been paid.

(7) The quarterly fee payable for marine navigation services, by a Canadian ship that is a ferry that is operating in Canadian waters in the Maritimes Region, Newfoundland Region, or Laurentian and Central Region is the amount obtained by multiplying the gross tonnage of the ship, to a maximum of 50 000, by $1.65.

PART III

General

9. (1) Subject to subsection (2), the fee payable, for marine navigation services, by a non-Canadian ship whose principal purpose is not the transportation of goods or merchandise, that is operating in Canadian waters of the Newfoundland Region, Maritimes Region or the Laurentian and Central Region, that is not subject to any other fees fixed by this fee schedule, is the amount obtained by multiplying the gross tonnage of that ship, to a maximum of 50 000, by $0.38.

(2) The fee set out in subsection (1) shall be paid a maximum of once per calendar month.

10. The fee payable, for marine navigation services, by a non-Canadian ship or a non-duty paid Canadian ship that is operating in Canadian waters pursuant to a licence issued under the Coasting Trade Act is the amount obtained by multiplying the gross tonnage of that ship, to a maximum of 50 000, by the number of 30-day periods or portion thereof during which the licence is in effect by $0.38.

Minimum fee

11. The minimum amount payable for any fee due under sections 6 to 10 shall be $25.00 per ship.

Fee collection

12. A fee prescribed by this fee schedule shall be paid by the ship upon issuance of an invoice by the Minister or a person authorized by the Minister to the ship, the authorized representative within the meaning of the Canada Shipping Act, 2001, or to an agent of the ship.

Coming into force

13. This fee schedule comes into force on July 1, 2019.

EXPLANATORY NOTE

(This note is not part of the fee schedule.)

The Marine Navigation Services Fee (MNSF) was introduced in 1998 to recover a portion of the costs in delivering Canadian Coast Guard aids to navigation services and marine traffic services to the commercial marine industry.

This MNSF schedule replaces and revises the previous MNSF fee schedule. The principal changes to the MNSF schedule are the following:

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed guideline for Canadian drinking water quality for Escherichia coli

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline for Canadian drinking water quality for Escherichia coli. The proposed guidance document is available from June 14, 2019, to August 2, 2019, on the Water Quality website. Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments must be sent to the Secretariat of the Federal-Provincial-Territorial Committee on Drinking Water, either by email at HC.water-eau.SC@canada.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, A.L. 4903D, Ottawa, Ontario K1A 0K9.

June 6, 2019

David Morin
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Proposed guideline

A maximum acceptable concentration (MAC) of none detectable per 100 mL is proposed for Escherichia coli in drinking water.

Executive summary

This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and assesses all available information on Escherichia coli.

Escherichia coli (E. coli) is a species of bacteria that is naturally found in the intestines of humans and warm-blooded animals. It is present in feces in high numbers and can be easily and affordably measured in water, which makes it a useful indicator of fecal contamination for drinking water providers. E. coli is the most widely used indicator for detecting fecal contamination in drinking water supplies worldwide. In drinking water monitoring programs, E. coli testing is used to provide information on the quality of the source water, the adequacy of treatment and the safety of the drinking water distributed to the consumer.

Significance of E. coli in drinking water systems and their sources

E. coli monitoring should be used, in conjunction with other indicators, as part of a multi-barrier approach to producing drinking water of an acceptable quality. Drinking water sources are commonly impacted by fecal contamination from either human or animal sources and, as a result, usually contain E. coli. Its presence in a water sample is considered a good indicator of recent fecal contamination. The ability to detect fecal contamination in drinking water is a necessity, as pathogenic microorganisms from human and animal feces in drinking water pose the greatest danger to public health.

Under a risk management approach to drinking water systems such as a multi-barrier or water safety plan approach, monitoring for E. coli is used as part of the water quality verification process to show that the natural and treatment barriers in place are providing the necessary level of control needed. The detection of E. coli in drinking water indicates fecal contamination and that fecal pathogens may be present, which can pose a health risk to consumers. In a groundwater source, the presence of E. coli indicates that the groundwater has been affected by fecal contamination, while in treated drinking water the presence of E. coli can signal that treatment is inadequate or that the treated water has become contaminated during distribution. If testing confirms the presence of E. coli in drinking water, actions that can be taken include notifying the responsible authorities, using a boil water advisory and implementing corrective actions.

Using multiple parameters in drinking water verification monitoring as indicators of general microbiological water quality (such as total coliforms, heterotrophic plate counts) or additional indicators of fecal contamination (enterococci) is a good way for water utilities to enhance the potential to identify issues and thus trigger responses.

Treatment

In drinking water systems that are properly designed and operated, water that is treated to meet the guidelines for enteric viruses (minimum 4 log removal of viruses) or enteric protozoa (minimum 3 log removal of protozoa) will be capable of achieving the proposed MAC of none detectable per 100 mL for E. coli. Detecting E. coli in drinking water indicates that there is a potential health risk from consuming the water; however, E. coli testing on its own is not able to confirm the presence or absence of drinking water pathogens.

For municipal-scale systems, it is important to apply a monitoring approach that includes the use of multiple operational and water quality verification parameters (e.g. turbidity, disinfection measurements, E. coli), in order to verify that the water has been adequately treated and is therefore of an acceptable microbiological quality. For residential-scale systems, regular E. coli testing combined with monitoring of critical processes, regular physical inspections and a source water assessment can be used to confirm the quality of the drinking water supply.

International considerations

Drinking water guidelines, standards and/or guidance from other national and international organizations may vary due to the age of the assessments as well as differing policies and approaches.

The proposed MAC for E. coli is consistent with drinking water guidelines established by other countries and international organizations. The World Health Organization, the European Union, the United States Environmental Protection Agency and the Australia National Health and Medical Research Council have all established a limit of zero E. coli per 100 mL.

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order No. 5 Respecting Flooded Areas

Whereas the Minister of Transport is of the opinion that the annexed Interim Order No. 5 Respecting Flooded Areas is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to subsection 35.1(1) footnote c and paragraphs 136(1)(f) footnote d and (h) footnote d, 207(f) and 244(f) footnote e, (g) and (h) footnote f of the Canada Shipping Act, 2001 footnote g;

Therefore, the Minister of Transport, pursuant to subsection 10.1(1) footnote h of the Canada Shipping Act, 2001 footnote i, makes the annexed Interim Order No. 5 Respecting Flooded Areas.

Ottawa, May 30, 2019

Marc Garneau
Minister of Transport

Interim Order No. 5 Respecting Flooded Areas

Interpretation

Interpretation

1 Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Vessel Operation Restriction Regulations.

Prohibition

Operation of vessels

2 No person shall operate a vessel in the part of the Ottawa River, in Ontario or Quebec, between the western point of Île Dubé in the Parc National De Plaisance and the Grenville lighthouse.

Exception

Persons

3 Section 2 does not apply to vessels operated by any of the following persons:

Enforcement

Enforcement officers

4 For the purpose of ensuring compliance with section 2, the persons or classes of persons set out in the table to this section are appointed or specified as enforcement officers.

TABLE
Item

Column 1

Persons or Classes of Persons

Column 2

Geographic Location
1 A member of the Royal Canadian Mounted Police Ontario and Quebec
2 A member of any harbour or river police force Ontario and Quebec
3 A member of any provincial, county or municipal police force Ontario and Quebec
4 A marine safety inspector Ontario and Quebec
5 A pleasure craft safety inspector Ontario and Quebec
6 A person employed as park warden by Parks Canada and appointed under the Canada National Parks Act Ontario and Quebec
7 A person employed as marine conservation area warden by Parks Canada and appointed under the Canada National Marine Conservation Areas Act Ontario and Quebec
8 A person employed as conservation officer by the National Capital Commission National Capital Region
9 A First Nations Constable appointed under the Ontario Police Services Act, R.S.O. 1990, c. P.15 Ontario

Powers

5 An enforcement officer may

Designated Provision

Designation

6 (1) The provision set out in column 1 of the schedule is designated as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 229 to 242 of the Canada Shipping Act, 2001.

Penalties

(2) The range of penalties set out in column 2 of the schedule is the range of penalties payable in respect of a contravention of the designated provision set out in column 1.

Repeal

7 Interim Order No. 4 Respecting Flooded Areas, made on May 24, 2019, is repealed.

SCHEDULE

(Subsections 6(1) and (2))

Designated Provision

Column 1

Designated Provision

Column 2

Range of Penalties ($)

Individual
Section 2 250 to 5,000

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Order Repealing Interim Order No. 5 Respecting Flooded Areas

Whereas, pursuant to subsection 10.1(1) footnote j of the Canada Shipping Act, 2001 footnote k, the Minister of Transport made Interim Order No. 5 Respecting Flooded Areas on May 30, 2019;

And whereas, Interim Order No. 5 Respecting Flooded Areas is no longer required to deal with a direct or indirect risk to marine safety or to the marine environment;

Therefore, the Minister of Transport, pursuant to subsection 10.1(2) footnote l of the Canada Shipping Act, 2001 footnote m, makes the annexed Order Repealing Interim Order No. 5 Respecting Flooded Areas.

Ottawa, June 4, 2019

Marc Garneau
Minister of Transport

Order Repealing Interim Order No. 5 Respecting Flooded Areas

Repeal

1 Interim Order No. 5 Respecting Flooded Areas, made on May 30, 2019, is repealed.

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. DGSO-003-19 — Extension to the reply comment period: Consultation on the Spectrum Licence Renewal Process for Non-Auctioned Broadband Radio Services (BRS) Licences

Notice No. DGSO-002-19, Consultation on the Spectrum Licence Renewal Process for Non-Auctioned Broadband Radio Services (BRS) Licences, was published on the Innovation, Science and Economic Development Canada (ISED) Spectrum Management and Telecommunications website on May 16, 2019.

The purpose of the present notice is to advise all interested parties that the deadline for submission of reply comments has been extended to June 18, 2019. All comments received will be posted on ISED’s Spectrum Management and Telecommunications website.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on the Spectrum Management and Telecommunications website.

Official versions of notices can be viewed on the Canada Gazette website.

June 6, 2019

Elisabeth Lander
Acting Senior Director
Spectrum Management Operations Branch

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We 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.

We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.

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.

Position Organization Closing date
Chief Administrator Administrative Tribunals Support Service of Canada  
Chairperson Asia-Pacific Foundation of Canada  
Chairperson and Director Atomic Energy of Canada Limited  
Chairperson Canada Foundation for Sustainable Development Technology  
Chairperson and Vice-Chairperson Canada Industrial Relations Board  
Chairperson Canada Lands Company Limited  
President and Chief Executive Officer Canada Lands Company Limited  
Chairperson (joint federal Governor in Council and provincial Lieutenant Governor appointment) Canada–Newfoundland and Labrador Offshore Petroleum Board  
Board Member (Anticipatory) Canadian Accessibility Standards Development Organization  
Chairperson (Anticipatory) Canadian Accessibility Standards Development Organization  
Chief Executive Officer (Anticipatory) Canadian Accessibility Standards Development Organization  
Vice-Chairperson (Anticipatory) Canadian Accessibility Standards Development Organization  
Chairperson Canadian Dairy Commission  
Chairperson, Vice-Chairperson and Director Canadian Energy Regulator  
Chief Executive Officer Canadian Energy Regulator  
Lead Commissioner, Deputy Lead Commissioner and Commissioner Canadian Energy Regulator  
Pay Equity Commissioner Canadian Human Rights Commission  
Permanent Member Canadian Nuclear Safety Commission  
Regional Member (British Columbia/Yukon) Canadian Radio-television and Telecommunications Commission  
Regional Member (Quebec) Canadian Radio-television and Telecommunications Commission  
Chairperson and Member Canadian Statistics Advisory Council  
President (Chief Executive Officer) Canadian Tourism Commission  
President and Chief Executive Officer Defense Construction (1951) Limited  
Chairperson Farm Credit Canada  
President and Chief Executive Officer Farm Credit Canada  
Commissioner Financial Consumer Agency of Canada  
Chairperson First Nations Financial Management Board  
Director Freshwater Fish Marketing Corporation  
Director (Federal) Hamilton Port Authority  
Sergeant-at-Arms and Corporate Security Officer House of Commons  
Member (appointment to roster) International Trade and International Investment Dispute Settlement Bodies  
Member National Capital Commission  
Government Film Commissioner National Film Board  
President Natural Sciences and Engineering Research Council of Canada  
Auditor General of Canada Office of the Auditor General  
Chief Accessibility Officer (Anticipatory) Office of the Chief Accessibility Officer  
Ombudsperson Office of the Ombudsperson for National Defence and Canadian Forces  
Director (Federal) Oshawa Port Authority  
Chairperson Pacific Pilotage Authority  
Chief Executive Officer Parks Canada  
Vice-Chairperson and Member Patented Medicine Prices Review Board  
Commissioner Public Service Commission  
Member and Alternate Member Renewable Resources Board (Gwich’in)  
Member and Alternate Member Renewable Resources Board (Sahtu)  
Principal Royal Military College of Canada  
Chairperson Telefilm Canada