Vol. 143, No. 5 — January 31, 2009

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of eighth release of technical information relevant to substances identified in the Challenge

Whereas the Government of Canada published on Saturday, December 9, 2006, in the Canada Gazette, Part I, Vol. 140, No. 49, the Notice of intent to develop and implement measures to assess and manage the risks posed by certain substances to the health of Canadians and their environment in which it highlights how it intends to address approximately 200 chemical substances identified as high priorities for action;

Notice is hereby given that the Government of Canada is releasing the technical documentation relevant to the 14 substances listed in section 3 of Schedule 1 to this notice. The Government of Canada challenges interested parties to submit the specific information detailed in the technical documentation.

The technical documentation and associated deadlines for submission of information are available via the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca). They may also be obtained by contacting the Existing Substances Program by mail at Existing Substances Division, Gatineau, Quebec K1A 0H3, 1-800-410-4314 or 819-953-4936 (fax), DSL.SurveyCo@ec.gc.ca (email), 1-888-228-0530 or 819-956-9313 (telephone).

A notice concerning a survey for certain substances listed in section 3 of Schedule 1 to this notice is simultaneously published under paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999 in this edition of the Canada Gazette, Part I.

In accordance with section 313 of the Act, any person who provides information in response to this notice may submit, with the information, a request that it be treated as confidential.

GEORGE ENEI
Acting Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

MARGARET KENNY
Director General
Chemical Sectors Directorate
On behalf of the Minister of the Environment

KAREN LLOYD
Director General
Safe Environments Programme
On behalf of the Minister of Health

SCHEDULE 1

Plan for the assessment and management of certain substances on the Domestic Substances List and list of Batch 8 Challenge substances

1. Background

The Canadian Environmental Protection Act, 1999 (CEPA 1999) required that the Government review some 23 000 Domestic Substances List (DSL) substances to determine whether they have certain characteristics which indicate that the Government should assess the risks that may be associated with their continued use in Canada. The Government completed this exercise — called categorization — in September 2006. Categorization provided a new information baseline on all identified substances, one that will allow the Government of Canada to work with its partners to achieve tangible results that protect Canadians and the environment.

The Ministers of the Environment and of Health (the Ministers) published on December 9, 2006, in the Canada Gazette, Part I, Vol. 140, No. 49, the Notice of intent to develop and implement measures to assess and manage the risks posed by certain substances to the health of Canadians and their environment. The notice indicated that approximately 200 of the 4 300 chemical substances identified by the categorization exercise are high priorities for action under the initiative known as the Challenge because

• the Ministers consider that evidence that a substance is both persistent and bioaccumulative (according to the Persistence and Bioaccumulation Regulations), when combined with evidence of toxicity and release into the environment, can lead to harmful ecological impacts. This indicates that the substance meets the criterion in paragraph 64(a) of CEPA 1999;
• the Ministers consider that where there is evidence that a substance for which the critical health effect is assumed to have no threshold — i.e. a mutagenic carcinogen — it is assumed that there is a probability of harm to human health at any level of exposure, and therefore indicates that the substance meets the criterion in paragraph 64(c) of CEPA 1999;
• the Ministers consider that evidence that a substance exhibits carcinogenicity, mutagenicity, developmental toxicity, or reproductive toxicity, and a high likelihood of exposure to individuals in Canada, indicates that the substance may meet the criterion in paragraph 64(c) of CEPA 1999; and
• these substances are believed to be in commerce or of commercial interest in Canada.

This notice also outlines the measures the Ministers intend to take regarding these substances to further protect the health of Canadians and the environment. These measures will

• improve, where possible, persistence and/or bioaccumulation information;
• identify industrial best practices in order to set benchmarks for risk management, product stewardship, and virtual elimination; and
• collect information on environmental release, exposure, substance and/or product use.

In so doing, the Ministers will make timely risk management interventions that minimize the risk of serious or irreversible harm associated with the above substances.

Pursuant to paragraph 74(a) of the Act, the Ministers are required to conduct a screening assessment of the substances categorized under subsection 73(1) to determine if they meet the criteria established in section 64 of the Act.

The Ministers have documented for each of the 14 Batch 8 Challenge substances the categorization information in their possession and have prepared documentation which (a) summarizes the scientific information and any relevant uncertainties, (b) specifies the information necessary for improved decision making and, where appropriate, requires submission of this data using section 71, and (c) outlines how this information will be used in decisions.

Information deemed necessary for improved decision making is being gathered via section 71 of CEPA 1999. Additional information regarding the scientific properties of these substances, or best management practices associated with the use of these substances that is deemed beneficial by interested stakeholders, will be collected as detailed in the technical documentation available via the Government of Canada Chemical Substances Web site (www.chemicalsubstances.gc.ca). The absence of new information will not preclude the Ministers from issuing a decision that safeguards human health and the environment.

2. Timelines

If new information for the 14 substances listed below is not received by July 31, 2009, then by no later than October 31, 2009, the Ministers will open a 60-day public comment period under subsection 77(1) on (a) the screening assessment and (b) the proposal to pursue one of the measures as specified under subsection 77(2).

If new information is received by July 31, 2009, that information will be considered and, by no later than January 30, 2010, the Ministers will open a 60-day public comment period under subsection 77(1) on (a) the screening assessment and (b) their proposal to pursue one of the measures as specified under subsection 77(2) and, where applicable, the implementation of virtual elimination under subsection 65(3) as specified under subsection 77(2).

Discussions with stakeholders on the development of the risk management approach, where applicable, will be initiated at the time of the subsection 77(1) publication. The Ministers will publish their final recommendation under subsection 77(6) by no later than May 1, 2010, where no new information was received during this call for information, and by no later than July 31, 2010, where new information was received during this call for information. A risk management approach, where applicable, will be available at that time outlining actions which the Government proposes to take to protect Canadians and their environment from risks associated with these substances.

3. Batch 8 Challenge substances

A. Nine substances identified as persistent, bioaccumulative, and inherently toxic to non-human organisms and believed to be in commercial use in Canada

B. Five substances identified as a high hazard to humans and a high likelihood of exposure to individuals in Canada

EXPLANATORY NOTE

The Canadian Environmental Protection Act, 1999 (CEPA 1999) required the Minister of Health and the Minister of the Environment to categorize the approximately 23 000 substances on the Domestic Substances List. Based on the information obtained through the categorization process, a number of substances have been identified by the Ministers as high priorities for action. This includes substances

• that were found to meet all of the ecological categorization criteria, including persistence, bioaccumulation potential and inherent toxicity to aquatic organisms, and that are known to be in commerce, or of commercial interest, in Canada; and/or
• that were found either to meet the categorization criteria for greatest potential for exposure or to present an intermediate potential for exposure, and were identified as posing a high hazard to human health based on available evidence on carcinogenicity, mutagenicity, developmental toxicity or reproductive toxicity.

The Challenge initiative is meant to engage stakeholders to provide new information that could improve decision-making with respect to 200 substances identified as high priorities for action.

In accordance with section 76.1 of CEPA 1999, and in the absence of additional relevant information as a result of this Challenge, the Ministers are predisposed to conclude, through a screening assessment, that a substance satisfies the definition of toxic under section 64 of CEPA 1999 in that it “may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or may constitute a danger in Canada to human life or health.” As such, the Ministers may then recommend to the Governor in Council that this substance be added to the List of Toxic Substances in Schedule 1 of CEPA 1999, with the intent of initiating the development of risk management measures taking into account socio-economic considerations. The measures will be subject to review in light of new scientific information, including monitoring and ongoing assessment activities.

The 200 Challenge substances are in commerce or believed to be in commerce in Canada. Should no information be forthcoming through this Challenge to confirm that a substance is in commerce in Canada, the Ministers may conclude, through a screening assessment, that this substance is not currently in commerce in Canada and that as such it may not satisfy the definition of toxic under section 64 of CEPA 1999. However, given the hazardous properties of these substances, there is concern that new activities for the substances that have not been identified or assessed under CEPA 1999 could lead to the substances meeting the criteria set out in section 64 of the Act. Therefore, it will be recommended that these substances be subject to the Significant New Activity provisions specified under subsection 81(3) of the Act, to ensure that any new manufacture, import or use of these substances in quantities greater than 100 kg/year is notified, and that ecological and human health risk assessments are conducted as specified in section 83 of the Act prior to the substances being introduced into Canada.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to Batch 8 Challenge substances

Pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999, notice is hereby given that the Minister of the Environment requires, for the purpose of assessing whether the substances listed in Schedule 1 to this notice are toxic or are capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control the listed substances, any person described in Schedule 2 to this notice who possesses or who may reasonably be expected to have access to the information required in Schedule 3 to this notice, to provide that information no later than April 7, 2009, 3 p.m. Eastern Daylight Saving Time.

Responses to this notice shall be submitted to the Minister of the Environment, to the attention of the DSL Surveys Co-ordinator, Existing Substances Program, Gatineau, Quebec K1A 0H3. Inquiries concerning the notice may be directed to DSL Surveys Co-ordinator at the above address, 1-888-228-0530 or 819-956-9313 (telephone), 1-800-410-4314 or 819-953-4936 (fax), DSL.SurveyCo@ec.gc.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.

Pursuant to subsection 71(4) of the Act, the Minister of the Environment may, on request in writing from any person to whom this notice applies, extend the time or times within which the person shall comply with this notice. The person seeking such extension shall submit a request in writing to the Minister of the Environment, to the attention of the DSL Surveys Co-ordinator, Existing Substances Program, Gatineau, Quebec K1A 0H3.

MARGARET KENNY
Director General
Chemical Sectors Directorate

GEORGE ENEI
Acting Direcor General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

SCHEDULE 1

Batch 8 Challenge Substances

SCHEDULE 2

Persons Required to Provide Information

1. This notice applies to any person who,

(a) during the 2006 calendar year, manufactured or imported a total quantity greater than 100 kg of a substance listed in Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item; or

(b) during the 2006 calendar year, used a total quantity greater than 1 000 kg of a substance listed in Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, at any concentration.

2. This notice does not apply to a substance in transit through Canada.

3. Respondents to this notice who

(a) manufactured a substance listed in Schedule 1 to this notice shall complete sections 4, 5, 6, 9 and 10 in Schedule 3 to this notice;

(b) imported a substance listed in Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item shall complete sections 4, 5, 7, 9 and 10 in Schedule 3 to this notice; or

(c) used a substance listed in Schedule 1 to this notice, whether alone, in a mixture, in a product or in a manufactured item, shall complete sections 4, 5, 8, 9, and 10 in Schedule 3 to this notice.

SCHEDULE 3

Information Required

1. The definitions in this section apply in this notice.

“calendar year” means a period of 12 consecutive months commencing on January 1.

“import” includes movement into Canada, as well as internal company transfers across the Canadian border.

“manufacture” includes the incidental production of a substance at any level of concentration as a result of the manufacturing, processing or other uses of other substances, mixtures, or products.

“manufactured item” means an item that is formed into a specific physical shape or design during manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design, including clothing, empty storage containers, electrical gear and appliances or parts thereof, office and consumer electronics or parts thereof, tiles, electrical wire, foam slabs or shapes and plastic film, pipes, tubes or profiles, plywood, brake linings, fibres, leather, paper, yarns, dyed fabric, matches, flares, photographic films, and batteries.

“mixture” means a combination of substances that does not produce a substance that is different from the substances that were combined, including a prepared formulation, hydrate, and reaction mixture that are characterized in terms of their constituents (including paints, coating, solvent mixtures, azeotropic and zeotropic refrigerants, mixture that is under pressure and that is used for personal care, pharmaceutical, medical, household, laboratory, commercial or industrial).

“product” excludes mixture and manufactured item.

“use” excludes sale, distribution, and repackaging.

2. If any of the information being requested in this notice has already been sent to a department, agency or board of the federal government, the supplier of that information is required to provide the name of the person or branch in that department, agency or board to which the information was sent, their affiliate (if applicable), and the date on which the information was sent and to specify, by reference to the sections of this notice, the information sent on that occasion. Please note that the specified information, already submitted to the other department, agency or board, is not required to be resubmitted under this notice.

3. If the person subject to the notice is a company, response to the notice shall be submitted on a company-wide basis. The person will include information with respect to each facility in their single response on behalf of the entire company.

4. Persons to whom this notice applies shall provide the following information:

5. For each substance listed in Schedule 1, that a person manufactured, imported or used, whether alone, in a mixture, in a product or in a manufactured item, during the 2006 calendar year, the person shall provide the following information:

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of identification of the ninth batch of substances in the Challenge

Whereas the Government of Canada published on Saturday, December 9, 2006, in the Canada Gazette, Part I, Vol. 140, No. 49, the Notice of intent to develop and implement measures to assess and manage the risks posed by certain substances to the health of Canadians and their environment in which it is highlighted how it intends to address approximately 200 chemical substances identified as high priorities for action;

Whereas the Government of Canada published on Saturday, May 12, 2007, in the Canada Gazette, Part I, Vol. 141, No. 19, the Notice of identification of the third batch and the next proposed batches of the remaining substances in the Challenge, where the proposed substances for the ninth batch were subject to a 120-day public comment period; and

Whereas no comments were received on the proposed substances for the ninth batch,

Notice is hereby given that the Government of Canada intends to publish in March 2009 technical documentation on the 17 substances assigned for the ninth batch, listed in Schedule 1 to this notice, and will subsequently challenge interested parties to submit the specific information detailed in the technical documentation.

GEORGE ENEI
Acting Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

MARGARET KENNY
Director General
Chemical Sectors Directorate
On behalf of the Minister of the Environment

KAREN LLOYD
Director General
Safe Environments Programme
On behalf of the Minister of Health

SCHEDULE 1

1. Background

The table below describes when the relevant technical documentation was released for the first eight batches of substances.

2. Batch 9 Challenge substances

A. Substances identified as persistent, bioaccumulative, and inherently toxic to non-human organisms and believed to be in commercial use in Canada

* Substances for which no response was received to the notice published in the Canada Gazette, Part I, Vol. 140, No. 9, under section 71 of the Canadian Environmental Protection Act, 1999, on March 4, 2006, but for which stakeholders indicated in their Declaration of Non-Engagement forms an interest in the substances.

** Substances added to the Challenge as a result of information received during public comments on the December 9, 2006 notice with respect to the draft screening assessment report on 148 PBiT substances published in the Canada Gazette, Part I, along with a notice of intent to amend the Domestic Substances List to apply the Significant New Activity provisions under subsection 81(3) of the Canadian Environmental Protection Act, 1999 to these 148 substances.

B. Substances identified as a high hazard to humans and presenting a high likelihood of exposure to individuals in Canada

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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

January 22, 2009

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

January 22, 2009

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

Special act company

Notice is hereby given that an Order has been issued under the seal of the Minister of Industry to change the name of the The Baptist Union of Western Canada to Canadian Baptists of Western Canada.

January 22, 2009

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

Supplementary letters patent

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

January 22, 2009

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

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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

January 22, 2009

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

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGRB-003-09 — Call for Applications to license 17 GHz BSS spectrum at the 111.1°W and 113°W orbital positions

This notice announces the release of Industry Canada’s Call for Applications, under the above title, and initiates the process for assigning two satellite licences: one licence for the 17 GHz broadcasting-satellite service (BSS) spectrum at the 111.1°W orbital position and the second licence for use of the same spectrum at the 113°W orbital position.

In Notice No. DGRB-006-08 — Call for Interest in licences for 17 GHz BSS spectrum at the 111.1°W and 113°W orbital positions, the Department indicated that it had received applications from Telesat Canada for the two licences that are the subject of this Call for Applications. The notice also invited other parties to indicate their interest to Industry Canada, and indicated that if additional interest was received, the parties that submitted notifications of interest and Telesat Canada would then be invited to submit applications.

In response to the Call for Interest, Industry Canada received additional interest from Ciel Satellite Limited Partnership. As a result, Ciel Satellite Limited Partnership and Telesat Canada are now invited to submit applications.

Submitting applications

Instructions for the submission of applications, submission requirements and deadlines are included in the Call for Applications.

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://ic.gc.ca/ spectrum.

Official versions of Canada Gazette notices can be viewed at http://canadagazette.gc.ca/partI/index-e.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

January 23, 2009

MICHAEL D. CONNOLLY
Director General
Radiocommunications and
Broadcasting Regulatory Branch

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