Canada Gazette, Part I, Volume 150, Number 14: GOVERNMENT NOTICES
April 2, 2016
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice with respect to the availability of environmental occurrences notification agreements
Notice is hereby given, pursuant to subsection 9(2) of the Canadian Environmental Protection Act, 1999, that the Minister of the Environment has negotiated an environmental occurrences notification agreement with the government of each of the following provinces and territories: Alberta, British Columbia, Manitoba, the Northwest Territories, Ontario, Saskatchewan and Yukon.
The proposed notification agreements listed below are available for public consultation as of Saturday, April 2, 2016, on the CEPA Environmental Registry Web site, at www.ec.gc.ca/lcpe-cepa/eng/participation/default.cfm.
- Canada-Alberta Environmental Occurrences Notification Agreement
- Canada-British Columbia Environmental Occurrences Notification Agreement
- Canada-Manitoba Environmental Occurrences Notification Agreement
- Canada-Northwest Territories Environmental Occurrences Notification Agreement
- Canada-Ontario Environmental Occurrences Notification Agreement
- Canada-Saskatchewan Environmental Occurrences Notification Agreement
- Canada-Yukon Environmental Occurrences Notification Agreement
Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments or a notice of objection with respect to the proposed notification agreements. All comments and notices of objection must cite the Canada Gazette, Part I, as well as the date of publication of this notice. Responses to this notice shall be submitted to the Minister of the Environment, to the attention of the Manager, Environmental Emergencies Policy, Environmental Emergencies Division, Gatineau, Quebec K1A 0H3. Inquiries concerning the notice may be directed to the Manager, Environmental Emergencies Policy, at the above-mentioned address or at 819-938-4086 (telephone), 819-938-4075 (fax), or ec.preparation-ue-ee-preparedness.ec@canada.ca (email).
Pursuant to section 313 of the Act, any person who provides information in response to this notice may submit, with the information, a written request that the information or part of it be treated as confidential.
Gatineau, March 22, 2016
CATHERINE MCKENNA
Minister of the Environment
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DEPARTMENT OF TRANSPORT
CANADA SHIPPING ACT, 2001
Eastern Canada Response Corporation Ltd.
Notice of an amendment to the bulk oil cargo fees applicable to the Quebec/Maritimes Region and the Great Lakes Region charged by Eastern Canada Response Corporation Ltd. pursuant to an arrangement required by paragraphs 167(1)(a) and 168(1)(a) of the Canada Shipping Act, 2001
Description
Eastern Canada Response Corporation Ltd. (ECRC) is currently a certified response organization pursuant to subsection 169(1) of the Act in respect of a rated capability of 10 000 tonnes and a geographic area covering the Canadian waters south of 60° north latitude in the provinces of Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan and Alberta, excluding the waters in the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia. The area includes, but is not limited to, the waters of the Atlantic Provinces, the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec, including the St. Lawrence River and the waters of the Canadian Great Lakes system and connecting channels within the province of Ontario, including Lake Superior, St. Mary's River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River, the waters of Lake Winnipeg, the waters of the Athabasca River from Fort McMurray to Lake Athabasca and the waters of Lake Athabasca.
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° Celsius and that sinks to the bottom as a solid when immersed in water. (asphalte)
“Atlantic Provinces” means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland including Labrador. (provinces de l'Atlantique)
“BOCF” means bulk oil cargo fee. (DCPV)
“ECRC” means Eastern Canada Response Corporation Ltd., a company formed as a result of the amalgamation of Eastern Canada Response Corporation Ltd., Great Lakes Response Corporation of Canada and Canadian Marine Response Management Corporation, effective January 1, 1999. (SIMEC)
“Great Lakes Region” means the area covered by the Canadian Great Lakes system and connecting channels within the province of Ontario, including Lake Superior, St. Mary's River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River from Kingston, Ontario, to a line drawn between Butternut Bay (latitude 44°31.12′ N and longitude 75°46.54′ W) on the Canadian side to Oak Point (latitude 44°30.48′ N and longitude 75°45.20′ W) on the U.S. side of the St. Lawrence River, Lake Winnipeg, the Athabasca River from Fort McMurray to Lake Athabasca and the waters of Lake Athabasca. (région des Grands Lacs)
“oil handling facility” means an oil handling facility that is located in ECRC's geographic area. (installation de manutention d'hydrocarbures)
“Quebec/Maritimes Region” means the area covered by the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec and that portion of the St. Lawrence River in the province of Ontario to a line drawn between Butternut Bay (latitude 44°31.12′ N and longitude 75°46.54′ W) on the Canadian side to Oak Point (latitude 44°30.48′ N and longitude 75°45.20′ W) on the U.S. side of the St. Lawrence River and in the Atlantic Provinces, excluding the waters north of the 60th parallel of latitude and the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia, excluding Newfoundland and Labrador. (région des Maritimes/du Québec)
“ship” means a ship within the meaning of paragraph 167(1)(a) of the Act. (navire)
“ship (bulk oil)” means a ship that is constructed or adapted primarily to carry bulk oil in its cargo spaces. [navire (avec produits pétroliers en vrac)]
Bulk Oil Cargo Fees
2. This part applies to the loading and unloading of oil at oil handling facilities located in each of the following regions.
Quebec/Maritimes Region
3. The total BOCF payable by an oil handling facility that has an arrangement with ECRC 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 oil handling facility, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part.
4. The total BOCF payable by a ship (bulk oil) shall be determined,
- (a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part; and
- (b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part.
5. The BOCF applicable in respect of oil other than asphalt is
- (a) an amended fee of fifteen cents (15.0¢) per tonne, plus all applicable taxes from January 1, 2016, to December 31, 2016; and
- (b) an amended fee of thirty cents (30.0¢) per tonne, plus all applicable taxes from January 1, 2017.
6. The BOCF applicable in respect of asphalt is
- (a) an amended fee of seven and five tenths cents (7.5¢) per tonne, plus all applicable taxes from January 1, 2016, to December 31, 2016; and
- (b) an amended fee of fifteen cents (15.0¢) per tonne, plus all applicable taxes from January 1, 2017.
Great Lakes Region
7. The total BOCF payable by an oil handling facility that has an arrangement with ECRC 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 oil handling facility by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part.
8. The total BOCF payable by a ship (bulk oil) shall be determined
- (a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part; and
- (b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part.
9. The BOCF applicable in respect of oil other than asphalt is
- (a) an amended fee of thirty-seven cents (37.0¢) per tonne, plus all applicable taxes from January 1, 2016, to December 31, 2016; and
- (b) an amended fee of sixty-seven cents (67.0¢) per tonne, plus all applicable taxes from January 1, 2017.
10. The BOCF applicable in respect of asphalt is
- (a) an amended fee of eighteen and five tenths cents (18.5¢) per tonne, plus all applicable taxes from January 1, 2016, to December 31, 2016; and
- (b) an amended fee of thirty-three and five tenths cents (33.5¢) per tonne, plus all applicable taxes from January 1, 2017.
Interested persons may, within 30 days after the date of publication of this notice, send comments to Paul Pouliotte, Eastern Canada Response Corporation Ltd., 275 Slater Street, Suite 1201, Ottawa, Ontario K1P 5H9, 613-230-7369 (telephone), 613-230-7344 (fax), ppouliotte@ecrc.ca (email), or file a notice of objection that contains the reasons for the objection with the Manager, Environmental Response Systems, Marine Safety, Transport Canada, Place de Ville, Tower C, 330 Sparks Street, 10th Floor, Ottawa, Ontario K1A 0N8, oep-epe@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 fees, and the date of publication of the notice of proposed fees.
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DEPARTMENT OF TRANSPORT
TRANSPORTATION OF DANGEROUS GOODS ACT, 1992
Protective Direction respecting the transportation of lithium batteries by aircraft
PROTECTIVE DIRECTION NO. 35
I, Marc Garneau, Minister of Transport, am issuing this Protective Direction under section 32 of the Transportation of Dangerous Goods Act, 1992 (Act) and considering it necessary to deal with an emergency that involves a danger to public safety, do hereby direct that
- (1) Every air carrier shall immediately cease transporting the dangerous goods UN3480, LITHIUM ION BATTERIES as cargo on passenger carrying aircraft.
- (2) No person shall offer for transport by air or transport by air the dangerous goods UN3090, LITHIUM METAL BATTERIES and UN3480, LITHIUM ION BATTERIES unless they meet the provisions of Packing Instruction 965 or 968, as the case may be, of the ICAO Technical Instructions.
- (3) Items (1) and (2) do not apply to the dangerous goods UN3090, LITHIUM METAL BATTERIES and UN3480, LITHIUM ION BATTERIES in transport by air at the time this Protective Direction takes effect provided that the dangerous goods arrive at their final destination within seven days of the day this Protective Direction takes effect.
The following definitions apply in this Protective Direction.
“air carrier” means a person who, whether or not for hire or reward, has possession of dangerous goods while they are in transport by air. (transporteur aérien)
“cargo” means any property carried on an aircraft other than mail and accompanied or mishandled baggage. (fret)
“ICAO Technical Instructions” means the Technical Instructions for the Safe Transport of Dangerous Goods by Air, published by the International Civil Aviation Organization (ICAO), as amended from time to time. (Instructions techniques de l'OACI)
“passenger” means any person carried on board an aircraft but does not include
- (a) a crew member,
- (b) a person who is accompanying dangerous goods or other cargo,
- (c) an operator, owner or charterer of the aircraft,
- (d) an employee of the operator, owner or charterer of the aircraft, who is acting in the course of employment, or
- (e) a person carrying out inspection or investigation duties under an Act of Parliament or of a provincial legislature (passager).
“passenger carrying aircraft” means an aircraft that is carrying one or more passengers. (aéronef de passagers)
This Protective Direction takes effect on April 1, 2016. It remains in effect until the earliest of
- the day it is cancelled in writing by the Minister of Transport, or
- the day on which a regulation respecting the above-mentioned subject matter is made under section 27 of the Act.
Signed at Ottawa, Ontario, this 22nd day of March, 2016.
THE HONOURABLE MARC GARNEAU
Minister of Transport
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