GOVERNMENT NOTICES

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. 4543-2-06539 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Fogo Island Co-operative Society Ltd., Fogo, Newfoundland and Labrador.

 2. Waste or other matter to be disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

2.1. Nature of waste or other matter: Fish waste and other organic matter consisting of fish and shellfish waste.

 3. Duration of permit: Permit is valid from March 21, 2009, to March 20, 2010.

 4. Loading site(s): Fogo, Newfoundland and Labrador, 49°43.03′ N, 54°16.55′ W (NAD83).

 5. Disposal site(s): 49°43.65′ N, 54°16.35′ W (NAD83), at an approximate depth of 12 m.

 6. Method of loading: The Permittee shall ensure that the material is loaded onto floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved disposal site.

6.1. The Permittee shall ensure that the waste to be disposed of is covered by netting or other material to prevent access by gulls and other marine birds, except during direct loading or disposal of the waste.

6.2. Material loaded for the purpose of disposal at sea may not be held aboard any ship for more than 96 hours from the commencement of loading without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999.

6.3. The loading and transit shall be completed in a manner that ensures that no material contaminates the marine environment, notably the harbour and adjacent beaches. The Permittee shall also ensure that the loading sites are cleaned up and, if necessary, that spilled wastes are recovered.

 7. Route to disposal site and method of transport: Most direct navigational route from the loading site to the disposal site.

 8. Method of disposal: The Permittee shall ensure that the waste to be disposed of shall be discharged from the equipment or ship while steaming within the disposal site boundaries and in a manner which will promote dispersion.

 9. Total quantity to be disposed of: Not to exceed 1 000 tonnes.

10. Inspection: 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.

11. Contractors: 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.

11.1. 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: 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 Mr. Rick Wadman, Environmental Protection Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email).

12.1. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of Environmental Protection Operations Directorate, c/o Mr. Rick Wadman, as identified in paragraph 12, 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: the quantity of matter disposed of at the disposal site and the dates on which disposal activities occurred.

12.2. This permit shall be displayed in an area of the plant accessible to the public.

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

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-06540 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Fogo Island Co-operative Society Ltd., Joe Batt’s Arm, Newfoundland and Labrador.

 2. Waste or other matter to be disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

2.1. Nature of waste or other matter: Fish waste and other organic matter consisting of fish and shellfish waste.

 3. Duration of permit: Permit is valid from March 21, 2009, to March 20, 2010.

 4. Loading site(s): Joe Batt’s Arm, Newfoundland and Labrador, 49°43.90′ N, 54°09.60′ W (NAD83).

 5. Disposal site(s): 49°44.20′ N, 54°10.00′ W (NAD83), at an approximate depth of 16 m.

 6. Method of loading: The Permittee shall ensure that the material is loaded onto floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved disposal site.

6.1. The Permittee shall ensure that the waste to be disposed of is covered by netting or other material to prevent access by gulls and other marine birds, except during direct loading or disposal of the waste.

6.2. Material loaded for the purpose of disposal at sea may not be held aboard any ship for more than 96 hours from the commencement of loading without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999.

6.3. The loading and transit shall be completed in a manner that ensures that no material contaminates the marine environment, notably the harbour and adjacent beaches. The Permittee shall also ensure that the loading sites are cleaned up and, if necessary, that spilled wastes are recovered.

 7. Route to disposal site and method of transport: Most direct navigational route from the loading site to the disposal site.

 8. Method of disposal: The Permittee shall ensure that the waste to be disposed of shall be discharged from the equipment or ship while steaming within the disposal site boundaries and in a manner which will promote dispersion.

 9. Total quantity to be disposed of: Not to exceed 1 000 tonnes.

10. Inspection: 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.

11. Contractors: 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.

11.1. 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: 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 Mr. Rick Wadman, Environmental Protection Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email).

12.1. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of Environmental Protection Operations Directorate, c/o Mr. Rick Wadman, as identified in paragraph 12, 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: the quantity of matter disposed of at the disposal site and the dates on which disposal activities occurred.

12.2. This permit shall be displayed in an area of the plant accessible to the public.

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

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-06544 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: J. W. Hiscock Sons Limited, Brigus, Newfoundland and Labrador.

 2. Waste or other matter to be disposed of: Fish waste and other organic matter resulting from industrial fish-processing operations.

2.1. Nature of waste or other matter: Fish waste and other organic matter consisting of fish and shellfish waste.

 3. Duration of permit: Permit is valid from April 1, 2009, to March 31, 2010.

 4. Loading site(s): Brigus, Newfoundland and Labrador, 47°32.30′ N, 53°12.40′ W (NAD83).

 5. Disposal site(s): 47°32.40′ N, 53°11.20′ W (NAD83), at an approximate depth of 75 m.

 6. Method of loading: The Permittee shall ensure that the material is loaded onto floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved disposal site.

6.1. The Permittee shall ensure that the waste to be disposed of is covered by netting or other material to prevent access by gulls and other marine birds, except during direct loading or disposal of the waste.

6.2. Material loaded for the purpose of disposal at sea may not be held aboard any ship for more than 96 hours from the commencement of loading without the written consent of an enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999.

6.3. The loading and transit shall be completed in a manner that ensures that no material contaminates the marine environment, notably the harbour and adjacent beaches. The Permittee shall also ensure that the loading sites are cleaned up and, if necessary, that spilled wastes are recovered.

 7. Route to disposal site and method of transport: Most direct navigational route from the loading site to the disposal site.

 8. Method of disposal: The Permittee shall ensure that the waste to be disposed of shall be discharged from the equipment or ship while steaming within the disposal site boundaries and in a manner which will promote dispersion.

 9. Total quantity to be disposed of: Not to exceed 500 tonnes.

10. Inspection: 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.

11. Contractors: 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.

11.1. 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: 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 Mr. Rick Wadman, Environmental Protection Operations Directorate, Environment Canada, 6 Bruce Street, Mount Pearl, Newfoundland and Labrador, A1N 4T3, 709-772-5097 (fax), rick.wadman@ec.gc.ca (email).

12.1. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of Environmental Protection Operations Directorate, c/o Mr. Rick Wadman as identified in paragraph 12, 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: the quantity of matter disposed of at the disposal site and the dates on which disposal activities occurred.

12.2. This permit shall be displayed in an area of the plant accessible to the public.

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. EAU-455

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 Benzoic acid, 2-hydroxy-, 2-butyloctyl ester, Chemical Abstracts Service Registry No. 190085-41-7;

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 Benzoic acid, 2-hydroxy-, 2-butyloctyl ester, a significant new activity is any activity involving the substance in any quantity, other than for use in sunscreen products at a concentration of no more than 5% in the final product.

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 4 of the New Substances Notification Regulations (Chemicals and Polymers), including the concentration of the notified substance in final products;

(c) the information specified in item 8 of Schedule 5 to those Regulations;

(d) the information specified in item 11 of Schedule 6 to those Regulations;

(e) the test data and a test report from one in vitro dermal absorption study in respect of the substance, that complies with the Organisation for Economic Co-operation and Development (OECD) Test Guideline No. 428 entitled Skin Absorption: In Vitro Method;

(f) the test data and test report(s) from:

(i) one reproduction and developmental toxicity study in respect of the substance, that complies with the OECD Test Guideline No. 421 entitled Reproduction/Developmental Toxicity Screening Test, or

(ii) two reproduction and developmental toxicity studies in respect of the substance, that comply with the OECD Test Guideline No. 414 entitled Prenatal Development Toxicity Study and the OECD Test Guideline No. 416 entitled Two-Generation Reproduction Toxicity Study; and

(g) the test data and the test reports described in items (e) and (f) must be 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, adopted on May 12, 1981, and that are current at the time the test data are developed.

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 HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendments

Interim Marketing Authorization

Provision currently exists in the Food and Drug Regulations for the use of caramel as a colouring agent in a variety of foods at maximum levels of use of 15% in sausage casings and at levels consistent with good manufacturing practice in unstandardized foods and several standardized foods such as butter, bread, concentrated fruit juice and ice cream mix.

Health Canada has received a submission to permit the use of caramel as a colouring agent in chocolate-flavoured cream cheese spread at a maximum level of use of 1.5%. Evaluation of available data supports the safety and effectiveness of caramel as a colouring agent in the production of this food product.

The use of caramel will benefit consumers by increasing the availability of quality food products. It will also benefit industry through more efficient and improved manufacturing conditions.

Therefore, it is the intention of Health Canada to recommend that the Food and Drug Regulations be amended to permit the use of caramel as a colouring agent in the production of the food mentioned above at a maximum level of use of 1.5%.

As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) is being issued to permit the immediate use of caramel, as indicated above, while the regulatory process is undertaken to amend the Regulations. The food described above is exempted from the application of sections 6 and 6.1 of the Food and Drugs Act, sections B.16.007 and B.08.039 and paragraphs B.01.042(a) and (c) of the Food and Drug Regulations.

The proposed regulatory amendments would be enabling measures to allow the sale of additional foods containing caramel as a colouring agent. The amendments are supported by the safety assessment and would have a low impact on the economy and the environment. Consequently, the regulatory amendments may proceed directly to final approval and publication in the Canada Gazette, Part II.

Interested persons may make representations with respect to Health Canada’s intention to amend the Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the contact person identified below.

Contact

Marie-Claude Tardif, Associate Director, Bureau of Food Regulatory, International and Interagency Affairs, Health Canada, 200 Tunney’s Pasture Driveway, Address Locator 0702C1, Ottawa, Ontario K1A 0K9, 613-957-1750 (telephone), 613-941-3537 (fax), sche-ann@hc-sc.gc.ca (email).

February 4, 2009

MEENA BALLANTYNE
Assistant Deputy Minister
Health Products and Food Branch

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DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendments

Interim Marketing Authorization

Provision currently exists in the Food and Drug Regulations for the use of the enzyme xylanase derived from Aspergillus oryzae Fa 1-1(pA2X1T1) in the production of bread, flour and whole wheat flour at levels consistent with good manufacturing practice.

Health Canada has received a submission to permit the use of the xylanase enzyme derived from a genetically modified Bacillus subtilis, the Bacillus subtilis strain CF 307 (pJHPaprExynAss-BS3xylanase#1), that carries the gene from another strain of Bacillus subtilis coding for this enzyme. This xylanase will be used in the production of bread, flour, whole wheat flour and unstandardized bakery products such as bread and cakes at levels consistent with good manufacturing practice. Evaluation of available data supports the safety and effectiveness of this xylanase derived from Bacillus subtilis CF 307 (pJHPaprE-xynAss-BS3xylanase#1) in these food products.

The use of the xylanase derived from this modified micro-organism will benefit the consumer by increasing the availability of quality food products. It will also benefit industry through more efficient and improved manufacturing conditions.

Therefore, it is the intention of Health Canada to recommend that the Food and Drug Regulations be amended to permit the use of this xylanase derived from Bacillus subtilis CF 307 (pJHPaprE-xynAss-BS3xylanase#1) in the production of bread, flour, whole wheat flour and unstandardized bakery products at levels consistent with good manufacturing practice.

As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization is being issued to permit the immediate use of this xylanase enzyme, as indicated above, while the regulatory process is undertaken to amend the Regulations. The standardized foods described above are exempted from the application of sections 6 and 6.1 of the Food and Drugs Act, paragraph B.01.042(c) and section B.16.007 of the Food and Drug Regulations. The unstandardized foods listed above are exempted from paragraph B.01.043(a) and section B.16.007 of the same Regulations.

The proposed regulatory amendments would be enabling measures to allow the sale of the foods mentioned above that have been manufactured through the use of xylanase from Bacillus subtilis CF 307 (pJHPaprE-xynAss-BS3xylanase#1). The amendments are supported by the safety assessment and would have a low impact on the economy and the environment. Consequently, the regulatory amendments may proceed directly to final approval and publication in the Canada Gazette, Part II.

Interested persons may make representations with respect to Health Canada’s intention to amend the Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the contact person identified below.

Contact

Marie-Claude Tardif, Associate Director, Bureau of Food Regulatory, International and Interagency Affairs, Health Canada, 200 Tunney’s Pasture Driveway, Address Locator 0702C1, Ottawa, Ontario K1A 0K9, 613-957-1750 (telephone), 613-941-3537 (fax), sche-ann@hc-sc.gc.ca (email).

February 6, 2009

MEENA BALLANTYNE
Assistant Deputy Minister
Health Products and Food Branch

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DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Food and Drug Regulations — Amendments

Interim Marketing Authorization

Provisions currently exist in the Food and Drug Regulations for the use of sodium diacetate as a preservative in bread and unstandardized foods at a maximum level of use of 3 000 ppm.

Health Canada has received a submission to permit the use of sodium diacetate as a preservative in standardized prepared and preserved fish products, such as smoked fish, at a maximum level of use of 0.25% of final product weight. Evaluation of available data supports the safety and effectiveness of sodium diacetate as a preservative in the production of these food products.

The use of this food additive will benefit consumers by increasing the availability of quality food products. It will also benefit industry through more efficient and improved manufacturing conditions.

Therefore, it is the intention of Health Canada to recommend that the Food and Drug Regulations be amended to permit the use of sodium diacetate as a preservative in standardized prepared and preserved fish products, at a maximum level of use of 0.25% of final product weight.

As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) is being issued to permit the immediate use of sodium diacetate as indicated above, while the regulatory process is undertaken to amend the Regulations. The standardized foods described above are exempted from the application of sections 6 and 6.1 of the Food and Drugs Act, paragraphs B.01.042(a) and (c), section B.16.007 and as appropriate for the food products covered under sections B.21.006 and B.21.021 of the Food and Drug Regulations.

The proposed regulatory amendments would be enabling measures to allow the sale of additional foods containing sodium diacetate as a preservative. The amendments are supported by the safety assessment and would have a low impact on the economy and the environment. Consequently, the regulatory amendments may proceed directly to final approval and publication in the Canada Gazette, Part II.

Interested persons may make representations with respect to Health Canada’s intention to amend the Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the contact person identified below.

Contact

Marie-Claude Tardif, Associate Director, Bureau of Food Regulatory, International and Interagency Affairs, Health Canada, 200 Tunney’s Pasture Driveway, Address Locator 0702C1, Ottawa, Ontario K1A 0K9, 613-957-1750 (telephone), 613-941-3537 (fax), sche-ann@hc-sc.gc.ca (email).

February 4, 2009

MEENA BALLANTYNE
Assistant Deputy Minister
Health Products and Food Branch

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DEPARTMENT OF INDUSTRY

INVESTMENT CANADA ACT

Amount for the year 2009

Pursuant to subsection 14.1(2) of the Investment Canada Act, I hereby determine that the amount for the year 2009, equal to or above which an investment is reviewable, is three hundred and twelve million dollars.

TONY CLEMENT
Minister of Industry and
Minister Responsible for Investment Canada

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