Canada Gazette, Part I, Volume 148, Number 50: GOVERNMENT NOTICES

December 13, 2014

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2014-87-10-02 Amending the Non-domestic Substances List

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

Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Order 2014-87-10-02 Amending the Non-domestic Substances List.

Gatineau, November 26, 2014

LEONA AGLUKKAQ
Minister of the Environment

ORDER 2014-87-10-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

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

COMING INTO FORCE

2. This Order comes into force on the day on which Order 2014-87-10-01 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments
Name and position Order in Council
Canada Industrial Relations Board  
Vice-Chairperson  
Berthiaume, Annie 2014-1353
Smith, Allison 2014-1354
Canada Revenue Agency  
Directors of the Board of Management  
Buonpensiere, Rossana 2014-1346
Halldorson, Norman G. 2014-1347
Sumara, Joyce 2014-1345
Canadian Cultural Property Export Review Board  
Members  
Buttignol, Rudy 2014-1349
Epstein, Clarence 2014-1350
Canadian Race Relations Foundation  
Director of the Board of Directors  
Attia, Paul 2014-1320
Ghanem, Ashraf 2014-1321
Silberman, Toni 2014-1322
Cloutier, Sylvie 2014-1361
Farm Credit Canada  
Director of the Board of Directors  
Côté, Suzanne 2014-1294
Supreme Court of Canada  
Puisne Judge  
First Nations Financial Management Board  
Chairperson of the board of directors  
Calla, Harold 2014-1368
Director of the board of directors  
Bernard, Joanna 2014-1369
Freshwater Fish Marketing Corporation  
Chairperson of the Board of Directors  
Fast, Russell J. 2014-1365
Directors of the Board of Directors  
Zinchuk, Sandra A. 2014-1366
President  
Salkeld, Donald 2014-1364
Immigration and Refugee Board of Canada  
Chairperson  
Dion, Mario 2014-1318
Full-time member  
Fortney, Douglas Bruce 2014-1319
Joli-Cœur, Claude 2014-1348
Government Film Commissioner  
Kirsop, David Jonathan 2014-1358
Ridley Terminals Inc.  
Director of the Board of Directors  
La Rochelle, Bruce 2014-1360
Canada Agricultural Review Tribunal  
Part-time member  
Muzyka, Daniel F. 2014-1355
Natural Sciences and Engineering Research Council  
Vice-President  
National Farm Products Council  
Member/Conseillère  
Donahue, Chantelle A. 2014-1363
Member and vice-chairman  
Pickard, Michael 2014-1362
Nolin, The Hon. Pierre Claude 2014-1292
Speaker of the Senate  
Parole Board of Canada  
Full-time member  
Bruce, Howard M. 2014-1340
Part-time members  
Cantin, Francine 2014-1341
Kuban, Ron 2014-1342
Port Authority  
Directors  
Carrigan, Victor Russell — St. John's 2014-1359
Lessard, Michel M. — Montréal 2014-1357
Trudel, Anik — Montréal 2014-1356
Public Service Pension Advisory Committee  
Members  
Ellis, Karen 2014-1344
Mounier, Marie-Geneviève 2014-1343
Social Security Tribunal  
Income Security Section  
Full-time member  

Lucas, Brisette

 2014-1351
Part-time member  

Andal, Ramon Valenton

 2014-1352
Stringer, Kevin 2014-1367
Northwest Atlantic Fisheries Organization — General Council and Fisheries Commission  
Canadian representative  
Thomas, Jody 2014-1289
Canadian Coast Guard  
Commissioner  
Tulloch, The Hon. Michael H. 2014-1286
Government of Ontario  
Administrator  
November 21 and November 22, 2014  
Watson, The Hon. Jack 2014-1280
Government of Alberta  
Administrator  
November 25 and November 26, 2014  

December 5, 2014

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

THE BRANTFORD REGIONAL CHAMBER OF COMMERCE

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated October 9, 2014, has been pleased to change the name of THE BRANTFORD REGIONAL CHAMBER OF COMMERCE to the Chamber of Commerce Brantford – Brant and to change its boundaries to the limits of the city of Brantford and the municipality of the County of Brant except the geographic town of Paris upon petition made therefor under sections 4 and 39 of the Boards of Trade Act.

November 7, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

CAMROSE CHAMBER OF COMMERCE

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated September 25, 2014, has been pleased to change the name of the CAMROSE CHAMBER OF COMMERCE to the Camrose and District Chamber of Commerce and to change its boundaries to the limits of the city of Camrose, in the Camrose County, including the areas up to Highway 617 North to Highway 609 South, and Highway 21 West across to Highway 854 East upon petition made therefor under sections 4 and 39 of the Boards of Trade Act.

November 7, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Lewisporte Chamber of Commerce

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated October 23, 2014, has been pleased to change the name of the Lewisporte Chamber of Commerce to the Lewisporte and Area Chamber of Commerce and to change its boundaries to Norris Arm North, Norris Arm South, Lewisporte, Laurenceton, Porterville, Brown's Arm, Stanhope, Embree, Little Burnt Bay, Michael's Harbour, Campbellton, Comfort Cove-Newstead, Loon Bay, Baytona, Birchy Bay and Boyd's Cove upon petition made therefor under sections 4 and 39 of the Boards of Trade Act.

December 1, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

PARIS CHAMBER OF COMMERCE

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated October 9, 2014, has been pleased to change the name of the PARIS CHAMBER OF COMMERCE to the Paris and District Chamber of Commerce and to change its boundaries to the limits of the geographic town of Paris and the municipality of the County of Brant except the city of Brantford upon petition made therefor under sections 4 and 39 of the Boards of Trade Act.

November 7, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Application for surrender of charter

Notice is hereby given that, pursuant to the provisions of subsection 32(2) of the Canada Corporations Act, an application for surrender of charter was received from
File No. Name of Company Received
429572-2 Play in Support of Leukemia Research 16/10/2014

December 3, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary letters patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to
File No. Name of Company Date of S.L.P.
198166-8 DAVID AND REBECCA ZELIKOVITZ FAMILY CHARITABLE FOUNDATION 08/10/2014
440143-3 Stephanos Development Foundation Corporation 28/11/2014

December 3, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

DEPARTMENT OF INDUSTRY ACT

RADIOCOMMUNICATION ACT

Notice No. SMSE-021-14 — Fee proposal for fixed-satellite service (FSS) and broadcasting-satellite service (BSS) satellite spectrum in Canada

Intent

The purpose of this notice is to seek comments on Industry Canada's final fee proposal for satellite spectrum licences issued under the Radiocommunication Act for spectrum allocated to fixedsatellite service (FSS) and broadcasting-satellite service (BSS). This fee proposal is subject to the legislative requirements of the User Fees Act (UFA). It follows a consultation process initiated in March 2012 through Canada Gazette notice No. SMSE-003-12, Consultation on the Licensing Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS) in Canada. A revised fee proposal was published in November 2013 through Canada Gazette notice No. SMSE-006-13, Decisions on the Licensing Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS), Implications for Other Satellite Services, and Revised Fee Proposal. In preparing this final proposal, Industry Canada has taken into consideration the comments and reply comments received on both of these documents.

The proposed fee will apply to frequency bands allocated to FSS and BSS in the Canadian Table of Frequency Allocation (CTFA), as amended from time to time. Current allocations are listed below.

Frequency Bands Allocated to FSS and BSS
Bands Space-to-Earth Earth-to-Space
FSS C 3700–4200 MHz 5925–6425 MHz
X band 7250–7750 MHz 7900–8400 MHz
Extended Ku 10.7–10.95 GHz/ 11.2–11.45 GHz 12.75–13.25 GHz
10.95–11.2 GHz/ 11.45–11.7 GHz 13.75–14.0 GHz
Ku 11.7–12.2 GHz 14.0–14.5 GHz
Extended Ka 17.7–18.3 GHz 27.5–28.35 GHz
18.3–18.8 GHz 28.35–28.6 GHz/ 29.25–29.5 GHz
Other Ka 18.8–19.3 GHz 28.6–29.1 GHz
Ka 19.7–20.2 GHz 29.5–30.0 GHz
BSS Ku 12.2–12.7 GHz 17.3–17.8 GHz
Ka 17.3–17.8 GHz 24.75–25.25 GHz

The proposed fee will replace the fee cited in Canada Gazette notice No. DGRB-002-97, Radio Authorization Fees for Direct Broadcast Satellite (DBS) Facilities, which was established under the Department of Industry Act (DIA) in September 1997.

This current notice provides an opportunity for consultation under the DIA as well as an opportunity for stakeholder feedback on the proposed fee and the associated licensing process under the UFA.

Approach

In setting new fees, Industry Canada is guided by the policy objective stated in the Spectrum Policy Framework for Canada (2007): “To maximize the economic and social benefits that Canadians derive from the use of the radio frequency spectrum resource.” Within this framework, the Department seeks to set fees that reflect a level of market value that encourages spectrum efficiency, provides some incentive to use the spectrum in a timely manner and fairly compensates the Canadian public for the use of the resource. In this context, the following factors were considered in establishing new fees:

Unlike in the case of terrestrial spectrum, Canadian satellite operators can be licensed in other jurisdictions and offer service in Canada. If operators choose to seek licences in other jurisdictions, Industry Canada would lose the ability to include the conditions of licence that currently help to ensure the availability of services in all areas of Canada, particularly in remote regions. As a result, Industry Canada's objective was to modify the licensing process for the FSS and BSS satellite spectrum in order to establish an attractive licensing framework, comparable with those of other satellite-licensing jurisdictions.

The development of an appropriate fee proposal for satellite spectrum was also considered in this international context. As required under the UFA, Industry Canada undertook an international comparison of licensing frameworks and associated regulatory costs and fees in key countries. However, there is no internationally consistent approach to satellite licensing, and no clear best practice for Canada to follow with respect to the establishment of fees. Nevertheless, the comparison did inform Industry Canada's analysis, and the fee proposal will result in fees for operators in Canada that are comparable with those of other jurisdictions, particularly those that have a first come, first served (FCFS) process, such as the United States and the United Kingdom.

International Comparison of Fees
Country Licence Bandwidth Annual Fee (CAN$) Equivalent CAN$/MHz/Year
Canada (see reference a) (current) Satellite 1,000 MHz $333,333 $333
Canada (proposed) Satellite 1,000 MHz $120,000 $120
United Kingdom Satellite 2,000 MHz $148,367 (see reference b) $74
United States Geostationary satellite 2,000 MHz $242,693 (see reference c) $121
Non-Geostationary satellite 2,000 MHz $301,491 $151
Mexico Orbital slot 1,000 MHz $850,680 (see reference d) $850
Brazil Brazil satellite 1,820 MHz $135,228 (see reference e) $74
Foreign satellite 2,000 MHz $73,061 $37

Source: Table 3 — Satellite Licence Fees, Nordicity's Study on the Market Value of Fixed and Broadcasting Satellite Spectrum in Canada.

Reference a
Represents current Canadian fees.

Reference b
Represents estimated annual cost of required £100M liability insurance.

Reference c
U.S. regulatory costs (annual licence fees, one-time application fee plus estimated cost of performance bond).

Reference d
Based on latest auction results.

Reference e
Awarded to Telesat Brazil, reserve price winner (extended Ku).

Fee proposal
Spectrum licences

Industry Canada will issue spectrum licences for the authorization of the FSS and BSS satellite spectrum. Existing radio licences that authorize the use of FSS and BSS satellite spectrum will be replaced by spectrum licences, which will be subject to the new fee once the fee order is in effect, expected by April 1, 2016.

Licence term

Licences will be issued immediately upon approval of an application. The standard term of these licences will be set at 20 years, with a high expectation of renewal. Industry Canada may issue licences with a shorter term, as appropriate.

Associated fee

A single annual fee of $120 per megahertz (MHz) will apply to the FSS and BSS satellite spectrum.

Where a licensee has not yet launched a satellite using the licensed spectrum, the fee will only be charged once the satellite is launched, consistent with the final implementation milestone. Where a spectrum licence is issued to a licensee who has already launched a satellite, the fee shall be applicable immediately.

Once applicable, the fee shall remain applicable until the end of the licence term.

The spectrum licences will ensure that licence fees are payable on an annual basis, in advance, and are due by March 31 of each year. For the portion of the first year during which the fee is applicable, the fee will be payable immediately and on a pro-rated basis, at a monthly rate of $10/MHz.

For licences with terms of less than one year, the annual fee will be applied on a pro-rated basis, at a monthly rate of $10/MHz.

Cost and revenue elements

Industry Canada estimates that the cost of administering the satellite licensing program will be approximately $1.9 million annually.

Although the proposed fee is not a fee for service, but rather a fee for the right or privilege of using the radio spectrum resource, Industry Canada's earlier consultations addressed a number of changes to the satellite licensing process. The new FCFS licensing process was introduced in January 2014, and reduced the application assessment time from two years under the old comparative review process to a few months. Once the proposed fee is in place, Industry Canada will use a different licensing instrument (spectrum licences in place of radio licences) to authorize the FSS and BSS spectrum.

It is estimated, based on the current number of licenses for operating satellites, that the resulting revenues in the first year during which the fee is introduced will be approximately $2 million. No additional revenue will be received until additional satellites are launched. Industry Canada expects that over the next three years, there will be an additional $700,000 in annual revenue added. This will represent a significant fee reduction from the current fees charged under the existing radio licence regime, from the equivalent of $333/MHz per year to $120/MHz per year. The introduction of a spectrum licence, with a fee based on the amount of spectrum assigned, has the added advantage of encouraging operators to use spectrum, which is a finite resource, as efficiently as possible. Further, it reduces the administrative burden on operators, as they will no longer have to submit detailed traffic reports to the Department, which is how fees are calculated under the current radio licence regime.

Service standard

The UFA requires the establishment of defined service standards. Industry Canada proposes to establish a service standard of 90 business days for the issuance of FSS/BSS satellite spectrum licences. The service standard will apply from the date the application is received by Industry Canada to the date the Department advises the applicant, in writing, that the application has been approved or denied.

This service standard is longer than what was proposed in earlier consultations. Industry Canada's initial consultation resulted in a proposed service standard of 45 business days for most applications. However, it also stated that this standard would not be applied in cases where applications were unusually complex or required a review of existing spectrum policies. Under the UFA, a service standard must be established for all instances. As a result, the longer service standard of 90 business days has been proposed, to encompass all situations. Since the introduction of the new FCFS licensing process, Industry Canada has received and treated six applications, all within this service standard.

In general, other comparable satellite-licensing jurisdictions do not have formal service standards in place. Some, however, do have goals for processing satellite licence applications. For example, the Federal Communications Commission and the UK Space Agency usually release a decision within four to six months (80–100 business days) after receiving an application, which is comparable to the time frame that Industry Canada is proposing.

Submitting comments

Concerns, comments or complaints must be received by January 16, 2015, although respondents are encouraged to submit prior to that date. This fee proposal is subject to the legislative requirements established under the UFA. In order to be receivable, comments must be related to the topics identified above. Comments on other aspects of these topics will be received and responded to, but not treated under UFA requirements.

As provided for in section 4.1 of the UFA, Industry Canada will address any complaints and try to resolve them. If a complaint is not resolved to the complainant's satisfaction, the complainant has the option of requesting in writing that the complaint be reviewed by an independent advisory panel, in accordance with the provisions of the UFA.

All comments or complaints should be submitted in electronic format (Microsoft Word or Adobe PDF) to the Director General, Engineering, Planning and Standards Branch, at the following email address: satellitelicences@ic.gc.ca. All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (SMSE-021-14).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada's Spectrum Management and Telecommunications Web site at http://www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at http://www.gazette.gc.ca/rp-pr/p1/index-eng.html.

December 4, 2014

DANIEL DUGUAY
Director General
Engineering, Planning and Standards Branch

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DEPARTMENT OF NATURAL RESOURCES

First publication of the Technical Guide to Class 43.1 and 43.2

The Minister of Natural Resources hereby gives notice, for the purposes of subsections 6(2) and (6) of the Economic Action Plan 2013 Act, No. 2, S.C. 2013, c. 40, that the Technical Guide to Class 43.1 and 43.2 was published for the first time on Friday, December 12, 2014, via the Web site of the Department of Natural Resources, where it is to remain available, as amended from time to time, as is the Technical Guide to Canadian Renewable and Conservation Expenses (CRCE).

December 12, 2014

__________________________________

The Honourable Greg Rickford, P.C., M.P.
Minister of Natural Resources

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