Vol. 142, No. 48 — November 29, 2008

GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions

Notice is hereby given, under subsection 87.3(6) of the Immigration and Refugee Protection Act, that the Department of Citizenship and Immigration has established the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

Preamble

• The following Ministerial Instructions identify immigration applications and requests for priority processing.
• Instructions are directed to officers and their delegates who are charged with handling and/or reviewing applications for permanent or temporary visas to enter Canada.
• Authority for the following Ministerial Instructions is derived from section 87.3 of the Immigration and Refugee Protection Act (IRPA). The Instructions are being issued to ensure that the processing of applications and requests are conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
• The Instructions come into force on their date of publication in the Canada Gazette.
• The Instructions apply only to applications and requests made on or after February 27, 2008.
• All applications and requests made prior to February 27, 2008, shall be processed in the manner existing at the time of application.
• The Instructions are consistent with IRPA objectives as laid out in section 3, specifically to support the development of a strong and prosperous Canadian economy; to see that families are reunited in Canada; to fulfill Canada’s international legal obligations with respect to refugees and provide assistance to those in need of resettlement; and to respect the federal, bilingual and multicultural character of Canada, including to support and assist the development of minority official languages communities.
• The Instructions are compliant with the Canadian Charter of Rights and Freedoms.
• The Instructions do not apply to refugees or protected persons or persons making a request on Humanitarian or Compassionate grounds from within Canada.
• The Instructions respect all previously established accords and agreements including the Quebec-Canada Accord and all agreements with provinces and territories.
• Any categories for which Instructions are not specifically issued shall be processed in the usual manner.

Economic Class applications

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-06524 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Department of Transportation, Province of New Brunswick, Fredericton, New Brunswick.

 2. Waste or other matter to be disposed of: Dredged material.

2.1. Nature of waste or other matter: Dredged material consisting of rock, gravel and sand.

 3. Duration of permit: Permit is valid from December 28, 2008, to December 27, 2009.

 4. Loading site(s): Goat Point Passage, New Brunswick, 45°02.19′ N, 66°55.32′ W (NAD83), as defined in the drawing entitled “Figure 1 — Load and Disposal Site” submitted in support of the permit application.

 5. Disposal site(s): Goat Point Passage, New Brunswick, 45°02.19′ N, 66°55.32′ W (NAD83), as defined in the drawing entitled “Figure 1 — Load and Disposal Site” submitted in support of the permit application.

 6. Method of loading: Dredging will be carried out using a barge-mounted mechanical dredge.

 7. Method of disposal: Disposal will be carried out by sidecasting.

 8. Total quantity to be disposed of: Not to exceed 2 000 m³ place measure.

 9. Fees: The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.

10. Inspection:

10.1. By accepting this permit, the Permittee and their contractors accept that they are subject to inspection pursuant to Part 10 of the Canadian Environmental Protection Act, 1999.

10.2. The Permittee shall ensure that records of all loading and disposal activities are kept on site for the duration of the permit and are available for inspection for two years following the expiry of the permit by any enforcement officer or analyst.

10.3. Ships operating under the authority of this permit shall be marked in accordance with the Collision Regulations of the Canada Shipping Act when located on or in the waterway.

10.4. The Regional Operations Centre (1-800-565-1633) is to be notified in advance of the commencement of work so that appropriate Notices to Shipping may be issued.

11. Contractors:

11.1. The loading or disposal at sea referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

11.2. The Permittee shall ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of the conditions identified in the permit and of possible consequences of any violation of these conditions.

12. Reporting and notification:

12.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to

(a) Mr. Scott Lewis, Environmental Protection Operations Directorate, Environment Canada, Atlantic Region, Queen Square, 16th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, 902-426-3897 (fax), scott.lewis@ec.gc.ca (email);

(b) Mr. Mark Dalton, Environmental Enforcement, Environment Canada, Atlantic Region, Queen Square, 16th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, 902-490-0775 (fax), mark.dalton@ec.gc.ca (email);

(c) Ms. Rachel Gautreau, Canadian Wildlife Service, Environment Canada, 17 Waterfowl Lane, Sackville, New Brunswick E4L 1G6, 506-364-5062 (fax), rachel.gautreau@ec.gc.ca (email); and

(d) Mr. Robert MacDougall, Fisheries and Oceans Canada, P.O. Box 1009, St. George, New Brunswick E5C 3S9, 506-755-5061 (fax), MacDougallr@mar.dfo-mpo.gc.ca (email).

12.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Atlantic Region, C/O Scott Lewis, as identified in paragraph 12.1(a), within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the location of the loading and disposal site(s) used, the quantity of matter disposed of at the disposal site and the dates on which disposal activities occurred.

12.3. At all times, a copy of this permit and of documents and drawings referenced in this permit shall be available at the loading site and on all powered ships directly engaged in the loading and disposal operations.

ERIC HUNDERT
Environmental Protection Operations Directorate
Atlantic Region
On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15312

Significant New Activity Notice

(Section 85 of the Canadian Environmental
Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance 2-Propenoic acid, 2-hydroxyethyl ester, telomer with 2mercaptoethanol, polyalkyleneglycol acrylate, polyalkyleneglycol polyacrylate and 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-propenoate;

Whereas the substance is not on the Domestic Substances List;

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

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental
Protection Act, 1999)

1. In relation to the substance 2-Propenoic acid, 2-hydroxyethyl ester, telomer with 2-mercaptoethanol, polyalkyleneglycol acrylate, polyalkyleneglycol polyacrylate and 3,3,4,4,5,5,6,6,7,7,8,8, 8-tridecafluorooctyl 2-propenoate, a significant new activity is

(a) the manufacture of the substance in Canada in any quantity; or

(b) the use of the substance in Canada, in any quantity, other than as a component of an oil and water repellent applied to paper, paperboard, carpeting, textiles or fabrics in industrial applications or in an industrial setting.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

(a) a description of the proposed significant new activity in relation to the substance;

(b) the information specified in Schedule 9 of the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 5 of Schedule 10 to those Regulations;

(d) for applications involving spraying of the substance by consumers or by professionals in consumers’ homes:

(i) the test data and a test report of a 90-day inhalation study in rats with the perfluorohexanoic acid that is conducted according to the methodology described in Organisation for Economic Co-operation and Development (OECD) Test Guideline No. 413 entitled Subchronic Inhalation Toxicity: 90-day Study, and 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 that was adopted on May 12, 1981, and that are current at the time the test is developed, or

(ii) any other information that will permit the assessment of the subchronic inhalation toxicity of perfluorohexanoic acid;

(e) when the new activity is the manufacture of the substance in Canada, in addition to the information prescribed in paragraphs (a) to (d) and (f), the following information must be provided:

(i) a brief description of the manufacturing process that details precursors of the substance, reaction conditions (e.g. temperature, pressure, catalysts and reaction stoichiometry) and the nature (batch or continuous) and scale of the process,

(ii) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers, and

(iii) a brief description of the major steps in process operations, the chemical conversions, the points of entry of all feedstock and the points of release of substances; and

(f) any other information or data in respect of this substance in the person’s possession or to which they have access, that is relevant in order to determine whether the substance is toxic or capable of becoming toxic.

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

EXPLANATORY NOTE

(This explanatory note is not part of the
Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15313

Significant New Activity Notice

(Section 85 of the Canadian Environmental
Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl ester, polymer with polyalkyleneglycol acrylate;

Whereas the substance is not on the Domestic Substances List;

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

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental
Protection Act, 1999)

1. In relation to the substance 2-Propenoic acid, 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl ester, polymer with polyalkyleneglycol acrylate, a significant new activity is

(a) the manufacture of the substance in Canada in any quantity; or

(b) the use of the substance in Canada, in any quantity, other than as a component of an oil and water repellent applied to paper, paperboard, carpeting, textiles or fabrics in industrial applications or in an industrial setting.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

(a) a description of the proposed significant new activity in relation to the substance;

(b) the information specified in Schedule 9 of the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 5 of Schedule 10 to those Regulations;

(d) for applications involving spraying of the substance by consumers or by professionals in consumers’ homes:

(i) the test data and a test report of a 90-day inhalation study in rats with the perfluorohexanoic acid that is conducted according to the methodology described in Organisation for Economic Co-operation and Development (OECD) Test Guideline No. 413 entitled Subchronic Inhalation Toxicity: 90-day Study, and 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 that was adopted on May 12, 1981, and that are current at the time the test is developed, or

(ii) any other information that will permit the assessment of the subchronic inhalation toxicity of perfluorohexanoic acid;

(e) when the new activity is the manufacture of the substance in Canada, in addition to the information prescribed in paragraphs (a) to (d) and (f), the following information must be provided:

(i) a brief description of the manufacturing process that details precursors of the substance, reaction conditions (e.g. temperature, pressure, catalysts and reaction stoichiometry) and the nature (batch or continuous) and scale of the process,

(ii) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers, and

(iii) a brief description of the major steps in process operations, the chemical conversions, the points of entry of all feedstock and the points of release of substances; and

(f) any other information or data in respect of this substance in the person’s possession or to which they have access, that is relevant in order to determine whether the substance is toxic or capable of becoming toxic.

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

EXPLANATORY NOTE

(This explanatory note is not part of the
Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

[48-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15314

Significant New Activity Notice

(Section 85 of the Canadian Environmental
Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance Polyfluoro acrylate, polymer with chloroethene;

Whereas the substance is not on the Domestic Substances List;

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

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental
Protection Act, 1999)

1. In relation to the substance Polyfluoro acrylate, polymer with chloroethene, a significant new activity is

(a) the manufacture of the substance in Canada in any quantity; or

(b) the use of the substance in Canada, in any quantity, other than as a component of an oil and water repellent applied to paper, paperboard, carpeting, textiles or fabrics in industrial applications or in an industrial setting.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

(a) a description of the proposed significant new activity in relation to the substance;

(b) the information specified in Schedule 9 of the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 5 of Schedule 10 to those Regulations;

(d) for applications involving spraying of the substance by consumers or by professionals in consumers’ homes:

(i) the test data and a test report of a 90-day inhalation study in rats with the degradation product of the substance whose masked name is polyhalogenated carboxylic acid that is conducted according to the methodology described in Organisation for Economic Co-operation and Development (OECD) Test Guideline No. 413 entitled Subchronic Inhalation Toxicity: 90-day Study, and 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 that was adopted on May 12, 1981, and that are current at the time the test is developed, or

(ii) any other information that will permit the assessment of the subchronic inhalation toxicity of that degradation product of the substance;

(e) when the new activity is the manufacture of the substance in Canada, in addition to the information prescribed in paragraphs (a) to (d) and (f), the following information must be provided:

(i) a brief description of the manufacturing process that details precursors of the substance, reaction conditions (e.g. temperature, pressure, catalysts and reaction stoichiometry) and the nature (batch or continuous) and scale of the process,

(ii) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers, and

(iii) a brief description of the major steps in process operations, the chemical conversions, the points of entry of all feedstock and the points of release of substances; and

(f) any other information or data in respect of this substance in the person’s possession or to which they have access, that is relevant in order to determine whether the substance is toxic or capable of becoming toxic.

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

EXPLANATORY NOTE

(This explanatory note is not part of the
Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

[48-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15315

Significant New Activity Notice

(Section 85 of the Canadian Environmental
Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance Polyfluoro acrylate, polymer with chloroethene;

Whereas the substance is not on the Domestic Substances List;

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

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental
Protection Act, 1999)

1. In relation to the substance Polyfluoro acrylate, polymer with chloroethene, a significant new activity is

(a) the manufacture of the substance in Canada in any quantity; or

(b) the use of the substance in Canada, in any quantity, other than as a component of an oil and water repellent applied to paper, paperboard, carpeting, textiles or fabrics in industrial applications or in an industrial setting.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

(a) a description of the proposed significant new activity in relation to the substance;

(b) the information specified in Schedule 9 of the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 5 of Schedule 10 to those Regulations;

(d) for applications involving spraying of the substance by consumers or by professionals in consumers’ homes:

(i) the test data and a test report of a 90-day inhalation study in rats with the degradation product of the substance whose masked name is polyhalogenated carboxylic acid that is conducted according to the methodology described in Organisation for Economic Co-operation and Development (OECD) Test Guideline No. 413 entitled Subchronic Inhalation Toxicity: 90-day Study, and 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 that was adopted on May 12, 1981, and that are current at the time the test is developed, or

(ii) any other information that will permit the assessment of the subchronic inhalation toxicity of that degradation product of the substance;

(e) when the new activity is the manufacture of the substance in Canada, in addition to the information prescribed in paragraphs (a) to (d) and (f), the following information must be provided:

(i) a brief description of the manufacturing process that details precursors of the substance, reaction conditions (e.g. temperature, pressure, catalysts and reaction stoichiometry) and the nature (batch or continuous) and scale of the process,

(ii) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers, and

(iii) a brief description of the major steps in process operations, the chemical conversions, the points of entry of all feedstock and the points of release of substances; and

(f) any other information or data in respect of this substance in the person’s possession or to which they have access, that is relevant in order to determine whether the substance is toxic or capable of becoming toxic.

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

EXPLANATORY NOTE

(This explanatory note is not part of the
Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

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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 the Canada Corporations Act, an application for surrender of charter was received from

November 20, 2008

AÏSSA AOMARI
Director
Incorporation and Information
Products and Services Directorate
For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Letters patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, letters patent have been issued to

November 20, 2008

AÏSSA AOMARI
Director
Incorporation and Information
Products and Services Directorate
For the Minister of Industry

[48-1-o]

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

November 20, 2008

AÏSSA AOMARI
Director
Incorporation and Information
Products and Services Directorate
For the Minister of Industry

[48-1-o]

DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary letters patent — Name change

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to

November 20, 2008

AÏSSA AOMARI
Director
Incorporation and Information
Products and Services Directorate
For the Minister of Industry

[48-1-o]

DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGRB-005-08 — Release of Industry Canada’s Arbitration Rules and Procedures for Mandatory Roaming and Antenna Tower and Site Sharing

Industry Canada is hereby releasing Industry Canada’s Arbitration Rules and Procedures, which are being published as CPC-2-0-18 and incorporated by reference into the Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements (being officially published as CPC-2-0-17). With the release of this notice, the new conditions of licence come into effect.

It is anticipated that most roaming as well as antenna tower and site-sharing disputes can be resolved by the parties through negotiation within the required timelines. Under the conditions of licence, the requesting and responding operators are required to enter into discussions, share information and exchange proposals. In the event that negotiations fail and the dispute goes to arbitration, these Rules will be applied by the arbitral tribunal (“the arbitrator”) and the parties to the dispute.

Background

In February 2008, following a public consultation, Industry Canada released Canada Gazette Notice DGRB-002-08, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements. In addition to amended licence conditions, the notice provided the next steps in the process for ensuring that an arbitration mechanism was in place, if required, to facilitate the completion of roaming agreements and site-sharing agreements.

Process

• Stakeholders’ consultation session was held in Toronto in May 2008;
• Draft arbitration rules were sent to participants and other interested parties prior to the session. Deadline for written comments was June 23, 2008;
• Record of the stakeholders’ session and comments received from all interested parties were posted on the Department’s Web site following the close of the comment period;
• Interested parties were provided an opportunity to submit reply comments (deadline July 18, 2008); and
• Feedback from the session, as well as all comments and reply comments received, were then considered by the Department in formulating the final Rules.

Main issues raised by stakeholders

The Department considered the comments received from all stakeholders and established a process that endeavours to address stakeholder concerns and allows sufficient time for submission and consideration of the relevant facts in order to increase the likelihood of an outcome that is suitable for both parties. Keeping time, cost and administrative burdens for the parties to a minimum were also considerations. The Rules suggest a default process to follow, but also provide for flexibility in certain areas should the parties involved and/or the arbitrator determine that it would be appropriate to modify procedures or timelines in coming to a resolution.

Final Offer Arbitration (FOA) — The draft proposal suggested a system of FOA whereby each party would submit a Term Sheet and the arbitration would conclude by the arbitrator choosing one Term Sheet or the other. Some stakeholders questioned the adequacy of FOA to deal with the potentially complex issues surrounding tower sharing and roaming disputes. The Department notes that FOA has been used in extremely complex situations and has therefore decided that FOA will be the default method of decision making. The arbitrator has, however, been provided with the flexibility of selecting portions from each Term Sheet in making the final decision. It is expected that the use of FOA will encourage parties to submit reasonable offers up front, thus avoiding delays and minimizing costs. In addition, the Department has provided a reply period of up to five business days for counter offers once the initial Term Sheets have been submitted. Subsequent hearings are then held and the Final Term Sheets are submitted for consideration by the arbitrator.

The issue of one vs. three arbitrators — Comments varied widely on this issue, with some preferring the efficiency of a single arbitrator and others preferring the benefits of having three arbitrators consider the positions. It is noted that many critical and complex arbitrations are decided by a single arbitrator and there are significant efficiencies to be gained. Industry Canada has therefore set one arbitrator as the default unless both parties agree to a three-arbitrator tribunal, or the Appointing Committee, at the request of one of the parties and after hearing submissions from the parties, determines that three arbitrators should be appointed as the arbitral tribunal.

The use of short form vs. long form procedures — In general, new entrants supported options that result in an expedited process. Others argued the importance of allowing sufficient time to fully present arguments and relevant data. The Department has established a single timeline which will allow the opportunity for consideration of the critical issues. It should be noted, however, that the timelines attributed for each step of the process are expected to be maximums and the rules encourage the arbitrator to set the timelines for each step so that the dispute can be resolved as expeditiously as possible.

The Law of Ontario as the default — Although there were some diverging views on this issue, most stakeholders agreed with using the Law of Ontario as the default in situations where the parties cannot agree on which provincial law shall apply. As originally proposed, the Law of Ontario will be the default applied to the arbitration hearings if the parties have not agreed to apply the laws of a different province (e.g. the province where the tower in question is located). This decision does not, however, affect the location of the hearings, which will be determined by the agreement of the parties and, if agreement cannot be reached, by the arbitrator.

The issue of confidentiality — An issue clearly identified as being of importance to many stakeholders was that of confidentiality. In general, arbitrations are private proceedings and all parties are required to keep the proceedings confidential. However, the Department must also ensure that arbitrators have the information required to make informed and efficient decisions.

Section 6.5 of the Rules provides that summaries or extracts from final decisions will be recorded and retained by ADR Chambers to assist future arbitral tribunals. When information from past arbitrations is deemed relevant to another arbitration by an arbitral tribunal, it may be released to the parties involved in the other arbitration, with commercially sensitive information removed, so that the parties may review it and make submissions thereon.

Defining ancillary equipment and services — The Department agrees with stakeholders who suggested that the term ancillary equipment and services needed to be defined in the Rules. A definition has been added.

The scope of the Rules — Many comments were received regarding the scope of information to be considered by the tribunal. In response, the Department has revised this section of the Rules to state that the tribunal shall consider market information and relevant economic data from Canada and may consider international market information and economic data. It has also been clarified that any interpretation of the Rules will be subordinate to the conditions of licence.

Technical feasibility — The Department expects that roaming and sharing will be technically feasible in the vast majority of cases. Where parties disagree as to the technical feasibility of sharing a site, they may request that Industry Canada make a ruling on the issues prior to arbitration. Accordingly, the Rules are intended to be used to solve business disputes and arbitrators can proceed on the basis that technical feasibility is not an issue.

Conclusion

The Department has designed these Rules to balance the requirements of all stakeholders. The Department recognizes the need for an expeditious process in order to minimize the cost to each party while allowing sufficient time to produce a well-reasoned decision.

The conditions of licence for all radiocommunication carriers currently authorized under the Radiocommunication Act are hereby amended. The new conditions of licence contained in CPC-2-0-17 will take effect and form part of the conditions of licence for all radiocommunication carriers effective on the date of publication of this notice in the Canada Gazette.

November 21, 2008

MICHAEL D. CONNOLLY
Director General
Radiocommunications and
Broadcasting Regulatory Branch

[48-1-o]

NOTICE OF VACANCY

NATIONAL GALLERY OF CANADA

Chairperson (part-time position)

The National Gallery of Canada is one of the world’s most respected art institutions, renowned for its exceptional collections, revered for its scholarship, and applauded for its unique ability to engage audiences of all ages and all levels of artistic knowledge. Created in 1880, the National Gallery of Canada is among the oldest of Canada’s national cultural institutions. Its current status as a federal Crown Corporation dates from 1990, when the Museums Act was proclaimed. The National Gallery of Canada’s mandate is to develop, maintain, and make known, throughout Canada and internationally, a collection of works of art, both historic and contemporary, with special, but not exclusive, reference to Canada, and to further knowledge, understanding, and enjoyment of art in general among all Canadians.

The Board of Trustees has overall stewardship of the Corporation and is expected to provide strategic guidance to management and oversee the activities of the Corporation. It has a duty to act in the best interests of the Corporation and to exercise care and due diligence. The Chairperson is responsible for the proper conduct of the Board meetings in such a way that the Corporation carries out its mandate and objectives effectively, ensures good value for the funding provided by taxpayers, remains viable and holds management accountable for its performance.

The successful candidate must possess a degree from a recognized university in a relevant field of study or an acceptable combination of education, job-related training and/or experience. The Chairperson must possess significant board experience, as well as senior management experience. Experience in dealing with the federal government, preferably with senior government officials is required. Experience in the cultural sector, preferably in the visual arts field, and experience in the development of strategies, objectives and plans, corporate governance and best business practices would be considered assets.

The qualified candidate will have general knowledge of the National Gallery of Canada’s mandate and activities, the Museums Act and other related federal legislation. Financial literacy, knowledge of the role and responsibilities of the Chairperson, as well as the Board and the Director of a similar-sized organization, are required. The Chairperson must possess knowledge of strategic corporate planning, monitoring and evaluation of performance, as well as the Government’s policy agenda and how it relates to the National Gallery of Canada.

The ability to anticipate emerging issues and develop strategies to enable the Board to seize opportunities or solve problems is essential. The qualified candidate must possess the ability to foster debate and discussions among Board members, facilitate consensus and manage conflicts, should they arise. The Chairperson must be able to develop effective working relationships with management, the Minister and his Office, the Deputy Minister and the National Gallery of Canada’s partners and stakeholders. Superior communications skills, both written and oral are required, as is the ability to act as a spokesperson in dealing with stakeholders, media, public institutions, governments and other organizations. The successful candidate must be a person of sound judgement and integrity, must adhere to high ethical standards and must have superior interpersonal skills.

Proficiency in both official languages would be preferred.

To be appointed as Chairperson of the Board, a person must be a Canadian citizen. The Board meets three times per year in Ottawa, and one additional time in another Canadian city. The average annual time commitment, excluding committee work, is three to four weeks.

The Government is committed to ensuring that its appointments are representative of Canada’s regions and official languages, as well as of women, Aboriginal peoples, disabled persons and visible minorities.