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. 4543-2-04337 authorizing the loading for disposal and the disposal of waste or other matter at sea is amended as follows:

3. Duration of permit: Permit is valid from April 6, 2009, to December 31, 2009. The loading and disposal at sea activities are restricted to the following periods: from April 6 to April 24, 2009, from July 8 to July 22, 2009, and from October 1 to December 31, 2009.

JEAN-PIERRE DES ROSIERS
Environmental Protection Operations Directorate
Quebec 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. 4543-2-06564 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Barry Group Inc., Cox’s Cove, 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 May 28, 2009, to May 27, 2010.

 4. Loading site(s): 49°07.10′ N, 58°04.20′ W (NAD83), Cox’s Cove, Newfoundland and Labrador.

 5. Disposal site(s): 49°08.00′ N, 58°04.00′ W (NAD83), at an approximate depth of 190 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(s) 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 2 000 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: the 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 of intent to develop regulations limiting carbon dioxide emission from new cars and light-duty trucks

Notice is hereby given that the Department of the Environment is initiating the development of regulations under the Canadian Environmental Protection Act, 1999 to limit carbon dioxide (CO₂) emissions from new cars and light-duty trucks to take effect beginning with the 2011 model year.

Background

The Government of Canada is committed to reducing Canada’s total greenhouse gas emissions by 20% from 2006 levels by 2020. Transportation is one of the largest sources of greenhouse gas emissions in Canada, accounting for about 27% of total greenhouse gas emissions in 2006. Passenger cars and light trucks account for 12% of total greenhouse gas emissions or 46% of the transportation emissions. Taking action to reduce greenhouse gas emissions from on-road light-duty vehicles is an important element of our plan to introduce an integrated, nationally consistent approach to reduce emissions of air pollutants and greenhouse gases to protect the health and environment of Canadians. Carbon dioxide (CO₂) is the predominant greenhouse gas emitted by motor vehicles.

A new approach: Development of regulations under the Canadian Environmental Protection Act, 1999

The Government of Canada is proceeding with the immediate development of regulations under the Canadian Environmental Protection Act, 1999 (CEPA 1999) to limit emissions of carbon dioxide (CO₂) from cars and light-duty trucks to take effect beginning with the 2011 model year. The Government recognizes the importance of a strong and competitive Canadian automotive industry and is working towards the implementation of common North American standards for 2011 and later model year vehicles. CEPA 1999 provides authority to establish federal regulations to limit greenhouse gas emissions from motor vehicles. CO₂ is the predominant greenhouse gas emitted from vehicles and is directly related to the amount of fuel consumed by a vehicle. Accordingly, CO₂ emission regulations will be established under CEPA 1999 that are equivalent to the U.S. national fuel economy standards that were announced on March 27, 2009, for 2011 model year vehicles. The U.S. National Highway Traffic Safety Administration estimates that these new standards will raise the U.S. industrywide average fuel economy of new cars and light trucks to 27.3 miles per gallon in the 2011 model year (i.e. equivalent to about 202 grams of CO₂ per kilometre). The implementation of these standards is a first step towards achieving the U.S. fuel economy target of 35 miles per gallon by 2020, which corresponds to a CO₂ emission target of about 158 grams of CO₂ per kilometre.

This approach ensures that the Government has the flexibility to align with U.S. fuel economy regulations as they emerge, which is crucial to achieving a harmonized approach that takes both our environment and economy into account. CEPA 1999 is a modern piece of environmental legislation with considerable flexibilities to enable timely harmonization with U.S. standards and also provides consistency with potential longer-term U.S. national approaches to improve fuel economy and reduce greenhouse gas emissions. Further, this approach is in line with other international jurisdictions that are moving to implement GHG-based vehicle regulations, notably the European Union. Finally, this approach will be consistent with the Government of Canada’s existing use of CEPA 1999 to establish standards limiting smog-forming air pollutant emissions from new vehicles in alignment with the national standards of the U.S. Environmental Protection Agency.

Next steps

The Minister of the Environment will initiate a process to develop regulations under the Canadian Environmental Protection Act, 1999 to limit emissions of carbon dioxide (CO₂) from cars and light-duty trucks to take effect beginning with the 2011 model year. These regulatory standards will be equivalent to applicable U.S. national fuel economy standards. This process will include consultations with representatives of provincial and territorial governments, industry, non-governmental organizations, the public and other stakeholders. Input received during these consultations will be considered during the development of the regulations.

The Government will work closely with the United-States towards the continued implementation of common national standards for 2011 and later model year cars and light-duty trucks to reduce greenhouse gases.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2009-87-01-03 Amending the Non-domestic Substances List

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15446

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-alkyl-, oxiranylmethyl ester, polymer with ethenylbenzene, 4-hydroxybutyl 2-propenoate, 2-methylpropyl 2-propenoate and rel-(1R,2R,4R)-1,7,7-trimethylbicyclo[2.2.1]hept-2-yl 2-propenoate, bis(1,1-dimethylpropyl) peroxide-initiated;

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-alkyl-, oxiranylmethyl ester, polymer with ethenylbenzene, 4-hydroxybutyl 2-propenoate, 2-methylpropyl 2-propenoate and rel-(1R,2R,4R)-1,7,7-trimethylbicyclo[2.2.1]hept-2-yl 2-propenoate, bis(1,1-dimethylpropyl) peroxide-initiated, a significant new activity is any activity involving the substance in any quantity other than for use as a component of automotive coatings applied in facilities where automotive equipment is manufactured.

2. (1) 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; and

(d) the test data and test reports from

(i) one skin sensitisation study that complies with the Organisation for Economic Co-operation and Development Test Guideline No. 429 titled Skin Sensitisation — Local Lymph Node Assay, and

(ii) one in vitro mammalian cell mutagenicity test that complies with the Organisation for Economic Co-operation and Development Guideline No. 476 titled In vitro Mammalian Cell Gene Mutation Test.

(2) The test data and test reports described in paragraph (1)(d) must be in conformity with the practices described in the Organisation for Economic Co-operation and Development 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 and test reports 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

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed residential indoor air quality guideline for carbon monoxide

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed residential indoor air quality guideline for carbon monoxide. The following exposure limits are proposed:

These values are intended to replace the values set for carbon monoxide in the Exposure Guidelines for Residential Indoor Air Quality published by the Minister of Health in 1987.

Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed guideline. All written comments are to be made publicly available to all interested parties. All comments, requests for copies of the full science assessment, and information requests must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Water, Air and Climate Change Bureau, Health Canada, 269 Laurier Avenue W, Ottawa, Ontario K1A 0K9, 613-957-1876 (telephone), 613-948-8482 (fax), air@hc-sc.gc.ca (email).

March 25, 2009

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

ANNEX

PROPOSED RESIDENTIAL INDOOR AIR QUALITY
GUIDELINE FOR CARBON MONOXIDE

Physical and chemical properties

Carbon monoxide is a tasteless, odourless and colourless gas at room temperature. Carbon monoxide can be produced by both natural and anthropogenic processes. It is usually formed during the incomplete combustion of organic materials.

Sources and concentrations in indoor environments

Extensive reviews on sources and concentrations of carbon monoxide have been published by the World Health Organization (WHO, 1999) and the United States Environmental Protection Agency (U.S. EPA, 1999). Carbon monoxide in the indoor environment occurs directly as a result of emissions from indoor sources (e.g. vented and unvented combustion appliances, tobacco smoke and the burning of incense) or indirectly as a result of infiltration indoors of outdoor air containing carbon monoxide (e.g. from vehicles in attached garages and on busy roads nearby).

Results from studies published on the subject indicate that the presence or the use of specific sources lead to increased carbon monoxide concentrations indoors. In the absence of an indoor source, carbon monoxide concentrations are generally equivalent to average outdoor concentrations. The indoor sources, emissions and concentrations of carbon monoxide are considerably diverse.

The factors affecting the introduction, dispersion and removal of carbon monoxide indoors include (Health Canada, 2008)

• type, nature (factors affecting the generation rate of carbon monoxide) and number of sources;
• source use characteristics;
• building characteristics;
• infiltration or ventilation rates;
• air mixing between and within compartments in indoor spaces;
• removal rates and potential remission or generation by indoor surfaces and chemical transformation;
• existence and effectiveness of air contaminant removal systems; and
• outdoor concentrations.

Health effects

In controlled exposure studies on humans, carbon monoxide at low doses appears to cause a reduction in the maximum length of exercise and physical performance upon effort in healthy subjects at carboxyhaemoglobin (COHb) levels of 2.3% and 4.3%, respectively (Drinkwater et al. 1974; Raven et al. 1974; Horvath et al. 1975).

However, the data best describing the effects of carbon monoxide at low concentrations are still those for individuals diagnosed with coronary disease. Effects in these individuals include a reduction in ST segment change time on their electrocardiogram (a sign of myocardial ischemia) following carbon monoxide exposure resulting in a COHb level of over 2.4% (Allred et al., 1989b; Allred et al., 1989a; Allred et al., 1991); a reduction in the duration of the exercise caused by chest pains following carbon monoxide exposure resulting in a COHb level of over 3.0% (Anderson et al., 1973; Sheps et al., 1987; Adams et al., 1988; Kleinman et al., 1989; Kleinman et al., 1998; Allred et al., 1989b; Allred et al., 1989a; Allred et al., 1991); and an increase in the number and complexity of arrhythmia following carbon monoxide exposure resulting in a COHb level of 6.0% or higher (Sheps et al., 1990).

Based primarily on the controlled exposure studies involving subjects diagnosed with coronary disease (the subgroup most sensitive to effects of carbon monoxide), analysis of the scientific data strongly suggests that, in order to protect the entire population, the increase in COHb level that must not be exceeded should be on the order of 1.5%, from a base level of 0.5% to 1.0% in non-smokers, resulting in a value of 2.0% to 2.5% (Health Canada, 2008).

Assessment under the Canadian Environmental Protection Act, 1999

Carbon monoxide is listed on the Domestic Substances List of the Canadian Environmental Protection Act, 1999 and has been found to meet the categorization criteria under section 73. A screening-level risk assessment following categorization has not yet taken place.

Residential indoor air quality guideline for carbon monoxide

A common source of carbon monoxide exposure is tobacco smoke (mostly in smokers, but also in non-smokers as second-hand smoke). Smokers therefore have higher baseline COHb levels, and they may be exhaling more carbon monoxide into the air than they are inhaling from the ambient environment. They may even have adaptive responses due to their elevated COHb levels and, as a consequence, it is not clear whether the increases in COHb levels due to carbon monoxide exposure and their chronic COHb levels caused by smoking would be additive. Hence, the proposed guideline is recommended for the protection of non-smokers (Health Canada, 2008).

The review of controlled exposure studies on humans strongly suggests that, in order to protect health, COHb levels not exceed 2.0% in blood. As this maximum COHb level was derived from studies of individuals with coronary disease, the most sensitive subgroup, it should also be protective of the entire population.

The toxicokinetic model developed by Gosselin et al. (2006) was then used to determine the carbon monoxide concentrations in air that would result in COHb levels of 2.0% in blood, under a scenario of light exercise, for different age and gender groups. This toxicokinetic model integrates the main features of the Coburn-Forster-Kane (CFK) equation (Coburn et al., 1965), but is more conservative and is considered a more precise method.

Exposure limits are proposed for 1-h and 24-h averaged exposure times in order to protect the entire population for both short- and long-time exposures to carbon monoxide. The proposed residential exposure limits for carbon monoxide, derived from the toxicokinetic model described above, are presented in the table below, along with the critical health effects on which they were based. Exposure to indoor air concentrations above these limits may result in COHb levels in blood above 2.0%, and potential health effects.

Proposed residential exposure limits for carbon monoxide

References

Adams, K. F., G. Koch, B. Chatterjee, G. M. Goldstein, J. J. O’Neil, P. A. Bromberg and D. S. Sheps. 1988. Acute elevation of blood carboxyhemoglobin to 6% impairs exercise performance and aggravates symptoms in patients with ischemic heart disease. Journal of American Cardiology 12: 900-9.

Allred, E. N., E. R. Bleecker, B. R. Chaitman, T. E. Dahms, S. O. Gottlieb, J. D. Hackney, D. Hayes, M. Pagano, R. H. Selvester, S. M. Walden and J. Warren. 1989a. Acute effects of carbon monoxide exposure on individuals with coronary artery disease. Research Report No. 25, Cambridge, Massachusetts: Health Effects Institute.

Allred, E. N., E. R. Bleecker, B. R. Chaitman, T. E. Dahms, S. O. Gottlieb, J. D. Hackney, M. Pagano, R. H. Selvester, S. M. Walden and J. Warren. 1989b. Short-term effects of carbon monoxide exposure on the exercise performance of subjects with coronary artery disease. New England Journal of Medicine 321: 1426-32.

Allred, E. N., E. R. Bleecker, B. R. Chaitman, T. E. Dahms, S. O. Gottlieb, J. D. Hackney, M. Pagano, R. H. Selvester, S. M. Walden and J. Warren. 1991. Effects of carbon monoxide on myocardial ischemia. Environmental Health Perspectives 91: 89-132.

Anderson, E. W., R. J. Andelman, J. M. Strauch, N. J. Fortuin and J. H. Knelson. 1973. Effect of low-level carbon monoxide exposure on onset and duration of angina pectoris. A study in ten patients with ischemic heart disease. Annals of Internal Medicine 79: 46-50.

Coburn, R. F., R. E. Forster and P. B. Kane. 1965. Considerations of the physiological variables that determine the blood carboxyhemoglobin concentration in man. The Journal of Clinical Investigation 44: 1899-910.

Drinkwater, B. L., P. B. Raven, S. M. Horvath, J. A. Gliner, R. O. Ruhling, N. W. Bolduan and S. Taguchi. 1974. Air pollution, exercise, and heat stress. Archives of Environmental Health 28: 177-81.

Gosselin, N. H., R. C. Brunet and G. Carrier. 2006. Modelling of the kinetics of carbon monoxide in humans. Report prepared for the Air Health Effects Division, Health Canada.

Health Canada. 2008. Residential Indoor Air Quality Guideline — Science Assessment Document, Carbon Monoxide. Ottawa. Her Majesty the Queen in right of Canada.

Horvath, S. M., P. B. Raven, T. E. Dahms and D. J. Gray. 1975. Maximal aerobic capacity at different levels of carboxyhemoglobin. Journal of Applied Physiology 38: 300-3.

Kleinman, M. T., D. M. Davidson, R. B. Vandagriff, V. J. Caiozzo and J. L. Whittenberger. 1989. Effects of short-term exposure to carbon monoxide in subjects with coronary artery disease. Archives of Environmental Health 44: 361-9.

Kleinman, M. T., D. A. Leaf, E. Kelly, V. Caiozzo, K. Osann and T. O’Niell. 1998. Urban angina in the mountains: effects of carbon monoxide and mild hypoxemia on subjects with chronic stable angina. Archives of Environmental Health 53: 388-97.

Raven, P. B., B. L. Drinkwater, R. O. Ruhling, N. Bolduan, S. Taguchi, J. Gliner and S. M. Horvath. 1974. Effect of carbon monoxide and peroxyacetyl nitrate on man’s maximal aerobic capacity. Journal of Applied Physiology 36: 288-93.

Sheps, D. S., K. F. Adams Jr, P. A. Bromberg, G. M. Goldstein, J. J. O’Neil, D. Horstman and G. Koch. 1987. Lack of effect of low levels of carboxyhemoglobin on cardiovascular function in patients with ischemic heart disease. Archives of Environmental Health 42: 108-16.

Sheps, D. S., M. C. Herbst, A. L. Hinderliter, K. F. Adams, L. G. Ekelund, J. J. O’Neil, G. M. Goldstein, P. A. Bromberg, J. L. Dalton, M. N. Ballenger, et al. 1990. Production of arrhythmias by elevated carboxyhemoglobin in patients with coronary artery disease. Annals of Internal Medicine 113: 343-51.

United States Environmental Protection Agency. 2000. Air Quality Criteria for Carbon Monoxide. Washington, DC: US Government Printing Office.

WHO. 1999. Environmental Health Criteria 213: Carbon Monoxide, Geneva, Switzerland: World Health Organization, International Programme on Chemical Safety.

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DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed residential indoor air quality guideline for ozone

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed residential indoor air quality guideline for ozone. The following guideline is proposed:

These values are intended to replace the values set for ozone in the Exposure Guidelines for Residential Indoor Air Quality published by the Minister of Health in 1987.

Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed guideline. All written comments are to be made publicly available to all interested parties. All comments, requests for copies of the full science assessment, and information requests must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Water, Air and Climate Change Bureau, Health Canada, 269 Laurier Avenue W, Ottawa, Ontario K1A 0K9, 613-957-1876 (telephone), 613-948-8482 (fax), air@hc-sc.gc.ca (email).

March 25, 2009

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

ANNEX

PROPOSED RESIDENTIAL INDOOR AIR QUALITY GUIDELINE FOR OZONE

Physical and chemical properties

Ozone is a colourless gas. A strong oxidizing agent, it reacts rapidly on surfaces and with other constituents in the air.

Sources and concentrations in indoor environments

Sources of ozone indoors include ozone generators (i.e. devices that produce ozone intentionally), some other types of air cleaners that release ozone as a by-product, and office equipment such as printers and photocopiers. Outdoor ozone is also an important contributor to indoor ozone, depending on the concentrations outdoors and the air exchange rate with indoor environments.

Indoor concentrations of ozone in Canada are usually lower than outdoor concentrations and lower or similar to personal exposure concentrations. The formation, transport, and destruction of ozone indoors are influenced by its indoor sources, outdoor concentrations, outside air infiltration, indoor air circulation rates, and chemical reactions with other gaseous chemicals in indoor air and with surfaces.

Only one study has measured indoor ozone in a Canadian city. An exposure study in Toronto, Ontario, assessed indoor, outdoor and personal ozone during summer and winter periods. Summer 12-h daytime concentrations of ozone indoors were 7.1 ± 12.6 ppb (mean ± standard deviation), and a 95th percentile of 22.6 ppb. Summer 12-h nighttime concentrations of ozone indoors were 6.2 ± 9.5 ppb and a 95th percentile of 22.4 ppb. Weekly winter concentrations of ozone indoors were 1.6 ± 4.1 ppb, while the 95th percentile reached 4.0 ppb (Liu et al. 1995) [Health Canada, 2008].

Health effects

In controlled exposure studies on humans, acute exposure (up to 4 hours) of healthy young adults to ozone resulted in lung function decrements, indicated by decreased forced vital capacity (FVC), forced expiratory volume in one second (FEV₁), and forced inspiratory volume; reduced tidal volume; and increased breathing frequency. Subjective symptoms such as pain upon inhalation were also reported (McDonnell et al. 1983; Seal et al. 1993; McDonnell et al. 1993; Seal et al. 1996; Krishna et al. 1997; Liu et al. 1997). Statistically significant effects were seen at 120 ppb O₃, which is considered the Lowest Observed Adverse Effect Level (LOAEL) for this exposure duration (Health Canada, 2008).

The primary effects of prolonged exposure (for durations of 4 to 8 hours) to ozone in controlled exposure studies on humans were decreases in lung function (FVC and FEV₁) and increases in subjective respiratory symptoms (pain upon deep inhalation and total symptoms score). Three recent studies assessed the effects of exposure to O₃ for 6.6 hours in healthy adults performing intermittent exercise (Adams, 2002; Adams, 2003b; Adams, 2003a) and one of the studies (Adams, 2002) included a range of exposure levels (40, 80, 120 ppb O₃), allowing the assessment of a dose–response relationship. In this study, no statistically significant effects occurred in subjects at the lowest exposure level of 40 ppb O₃ when compared to subjects exposed to filtered air; this level is therefore considered the No Observed Adverse Effect Level (NOAEL). Statistically significant effects were seen at 80 and 120 ppb O₃, with decreases in pulmonary function and increases in respiratory symptoms being more significant at 120 ppb than at 80 ppb O₃. The LOAEL is therefore considered to be 80 ppb O₃ for this exposure duration (Health Canada, 2008).

Generally, results from toxicological studies seem to be consistent with data obtained in controlled exposure studies on humans. However, ozone levels investigated in animal studies were usually higher than those found in Canadian residences and therefore are less useful for risk assessment.

Epidemiological studies of the population health impacts of ozone have been a key component to setting outdoor air quality standards and guidelines for more than a decade. In general, these studies reflect the temporal relationship between outdoor (ambient) ozone concentrations and various health endpoints, integrating the complex air quality processes that drive the formation and destruction of ozone in outdoor air, as well as factors such as individual health and behaviour that modify susceptibility and exposure. Across the range of observed ambient ozone concentrations, these studies have failed to identify a threshold for mortality as an endpoint. However, in developing indoor air quality guidelines that can be used to formulate health protection measures that modify the indoor environment, studies that relate health outcomes to individual exposure at a given point in time are of greatest importance. Therefore, controlled exposure studies of human subjects were selected as the most appropriate basis for deriving indoor reference concentrations.

For each exposure period (acute or prolonged), the studies reviewed were used to establish a reference concentration, which constitutes a value below which adverse health effects are unlikely to be seen. The reference concentration for acute exposure was calculated by taking the experimentally derived LOAEL and dividing by an uncertainty factor of 3 to extrapolate to a NOAEL, and then dividing by a further uncertainty factor of 10 to account for intraspecies variation in susceptibility to ozone. The reference concentration for prolonged exposure was calculated by taking the experimentally derived NOAEL and dividing by the uncertainty factor of 10 for intraspecies variation. Reference concentrations of 8 µg/m³ (4 ppb) O₃ for acute and prolonged exposure to ozone were derived in this manner based on key controlled exposure studies (Health Canada, 2008).

Assessment under the Canadian Environmental Protection Act, 1999

In 2003, ozone was declared “toxic” under the Canadian Environmental Protection Act, 1999 as the Science Assessment Document (SAD) for Ground-Level Ozone (Environment Canada and Health Canada, 1999) concluded that there is a significant association between ambient (outdoor) ozone and adverse health effects and that significant adverse effects to human health (mortality and morbidity) and vegetation (reduced growth and crop yield) are occurring at ozone levels currently experienced across Canada (Environment Canada, 2001).

Residential indoor air quality guideline for ozone

The key controlled exposure studies on humans were used to determine a reference concentration, based on the NOAELs or LOAELs and incorporating appropriate uncertainty factors. This reference concentration serves as the basis for setting a recommended maximum exposure limit for residential indoor environments, taking into account the feasibility of achieving such a limit.

The original exposure guideline for residential indoor air quality for ozone was for a 1-hour averaged exposure limit (Health Canada, 1987). This update, however, obtained the same reference concentration for acute (2.5 hours) and prolonged (4–8 hours) exposures (Health Canada, 2008). Given the lack of 1-hour exposure data for comparison and since ozone levels are usually higher during daytime, only an 8-hour residential exposure limit for ozone is proposed at this time. This 8-hour averaged exposure period is expected to be more representative of overall exposure to ozone than a 1-hour averaged exposure.

An exposure limit based on the reference concentration for prolonged ozone exposure may not, however, be achievable in many Canadian homes. An indoor ozone exposure study conducted in Toronto, Ontario, for example, reported average summer indoor ozone concentrations that were higher than the reference concentration (4 ppb), with 12-hour daytime concentrations of 7.1 ± 12.6 ppb (mean ± SD) and 12-hour nighttime concentrations of 6.2 ± 9.5 ppb (mean ± SD) [Liu et al., 1995].

We therefore recommend a residential exposure limit of 40 µg/m³ (20 ppb) ozone for an averaging time of 8 hours. This exposure limit would still be half of the NOAEL derived from a controlled human exposure study (Adams, 2002), while being more realistically achievable in Canadian homes. In the Toronto indoor ozone exposure study, for example, 95% of homes were below 22.6 ppb and 22.4 ppb respectively for daytime and night-time 12-hour summer indoor ozone levels (Liu et al., 1995).

Proposed residential exposure limits for ozone

References

Adams, W. C. 2002. Comparison of chamber and face-mask 6.6-hour exposures to ozone on pulmonary function and symptoms responses. Inhal Toxicol 14: 745-64.

Adams, W. C. 2003a. Comparison of chamber and face mask 6.6-hour exposure to 0.08 ppm ozone via square-wave and triangular profiles on pulmonary responses. Inhal Toxicol 15: 265-81.

Adams, W. C. 2003b. Relation of pulmonary responses induced by 6.6-h exposures to 0.08 ppm ozone and 2-h exposures to 0.30 ppm ozone via chamber and face-mask inhalation. Inhal Toxicol 15: 745-59.

Environment Canada and Health Canada. 1999. National Ambient Air Quality Objectives for Ground-Level Ozone: Science Assessment Document, Ottawa. Her Majesty the Queen in right of Canada.

Environment Canada and Health Canada. 2001. Notice of intent to recommend that ozone and its precursors (nitrogen oxides [nitric oxide and nitrogen dioxide] and volatile organic compounds) be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 under subsection 90(1) of the Act. Canada Gazette, Part I, 135.

Health Canada. 1987. Exposure guidelines for residential indoor air quality. A report of the Federal–Provincial Advisory Committee on Environmental and Occupational Health. Ottawa. Minister of Supply and Services Canada.

Health Canada. 2008. Residential indoor air quality guideline — Science Assessment Document, Ozone. Ottawa. Her Majesty the Queen in right of Canada.

Krishna, M. T., A. Blomberg, G. L. Biscione, F. Kelly, T. Sandstrom, A. Frew and S. Holgate. 1997. Short-term ozone exposure upregulates P-selectin in normal human airways. Am J Respir Crit Care Med 155: 1798-803.

Liu, L., J. A. Leech, R. B. Urch and F. S. Silverman. 1997. In vivo salicylate hydroxylation: a potential biomarker for assessing acute ozone exposure and effects in humans. Am J Respir Crit Care Med 156: 1405-12.

Liu, L. J., P. Koutrakis, J. Leech and I. Broder. 1995. Assessment of ozone exposures in the greater metropolitan Toronto area. J Air Waste Manag Assoc 45: 223-34.

McDonnell, W. F., D. H. Horstman, M. J. Hazucha, E. Seal Jr, E. D. Haak, S.A. Salaam and D. E. House. 1983. Pulmonary effects of ozone exposure during exercise: dose-response characteristics. J Appl Physiol 54: 1345-52.

McDonnell, W. F., K. E. Muller, P. A. Bromberg and C. M. Shy. 1993. Predictors of individual differences in acute response to ozone exposure. Am Rev Respir Dis 147: 818-25.

Seal, E. Jr, W. F. McDonnell and D. E. House. 1996. Effects of age, socioeconomic status, and menstrual cycle on pulmonary response to ozone. Arch Environ Health 51: 132-7.

Seal, E. Jr, W. F. McDonnell, D. E. House, S. A. Salaam, P. J. Dewitt, S. O. Butler, J. Green and L. Raggio. 1993. The pulmonary response of white and black adults to six concentrations of ozone. Am Rev Respir Dis 147: 804-10.

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DEPARTMENT OF INDUSTRY

TELECOMMUNICATIONS ACT

Notice No. DGTP-004-09 — Petitions to the Governor in Council concerning Telecom Decisions CRTC 2008-117 and CRTC 2008-118, Telecom Regulatory Policy CRTC 2009-34, and Telecom Order CRTC 2009-111

Notice is hereby given that petitions from Bell Aliant and Bell Canada (hereinafter collectively referred to as Bell), MTS Allstream, and TELUS have been received by the Governor in Council (GIC) under section 12 of the Telecommunications Act with respect to several decisions issued by the Canadian Radio-television and Telecommunications Commission (CRTC) concerning wholesale regulation of asymmetric digital subscriber line (ADSL) and Ethernet services.

Subsection 12(1) of the Telecommunications Act provides that, within one year after a decision by the CRTC, the GIC may, on petition in writing presented to the GIC within 90 days after the decision, or on the GIC’s own motion, by order, vary or rescind the decision or refer it back to the CRTC for reconsideration of all or a portion of it.

In their respective petitions, each dated March 11, 2009, Bell and TELUS request that the GIC vary Telecom Decision CRTC 2008-117, Cybersurf Corp.’s application related to matching service speed requirements for wholesale Internet services, and rescind Telecom Order CRTC 2009-111, Cybersurf’s application related to the implementation of Telecom Decision 2008-117 regarding the matching speed requirement. The reasons for these requests are included in the petitions.

In its petition, dated March 11, 2009, MTS Allstream requests that the GIC vary Telecom Decision CRTC 2008-118, MTS Allstream Inc. — Application to review and vary certain determinations in Telecom Decision 2008-17 regarding the classification of wholesale Ethernet services and Telecom Regulatory Policy 2009-34, Requests to review and vary directives in Telecom Decision 2008-17 related to the provision of central-office-based wholesale ADSL access service and aggregated ADSL access service. Alternatively, MTS Allstream requests that the decisions in question be referred back to the CRTC with instructions. The reasons for these requests are included in the petition.

Submissions regarding these petitions should be filed within 30 days of the publication of this notice in the Canada Gazette. All comments received will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at http://ic.gc.ca/spectrum.

Submitting comments

Submissions should be addressed to the Clerk of the Privy Council and Secretary to the Cabinet, Langevin Block, 80 Wellington Street, Ottawa, Ontario K1A 0A3.

A copy of all submissions should also be sent to the Director General, Telecommunications Policy Branch, preferably in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the following email address: telecom@ic.gc.ca. Written copies can be sent to the Director General, Telecommunications Policy Branch, 300 Slater Street, 16th Floor, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, the publication date, the title and notice reference number DGTP-004-09.

Obtaining copies

Copies of all relevant petitions and submissions received in response may be obtained electronically on the Spectrum Management and Telecommunications Web site at http://ic.gc.ca/spectrum under “Gazette Notices and Petitions.” It is the responsibility of interested parties to check the public record from time to time to keep abreast of submissions received.

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

March 27, 2009

LEONARD ST-AUBIN
Director General
Telecommunications Policy Branch

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NOTICE OF VACANCY

OFFICE OF THE COMMISSIONER OF COMPETITION / COMPETITION BUREAU

Commissioner of Competition (full-time position)

Salary range: $244,100–$287,200

Location: National Capital Region

The Competition Bureau is an independent agency responsible for the administration and enforcement of the Competition Act, the Consumer Packaging and Labelling Act, the Textile Labelling Act and the Precious Metals Marking Act. Its role is to promote and protect competitive markets and enable informed consumer choice in Canada. Headed by the Commissioner of Competition, the organization investigates anti-competitive practices and promotes compliance with the laws under its jurisdiction. The Bureau reports to Parliament through the Minister of Industry and employs over 400 people in the National Capital Region and its regional offices.

The successful candidate will have a Bachelor of Laws (LL.B.) or a Bachelor of Civil Law (B.C.L.) or a graduate degree from a recognized university. The preferred candidate will have significant senior level management experience in a private or public sector organization, including managing financial and human resources. The ideal candidate will possess experience in implementing change management and a strategic vision at senior levels. In addition to significant experience in competition law and policy development, the chosen candidate will have proven senior level decision-making experience with respect to sensitive issues. Experience in developing, maintaining and managing successful stakeholder relationships and complex partnerships is also required.

The preferred candidate will have considerable knowledge of the principles of competition law and policy, economic principles and trade policies as well as Canada’s competitive system and the appropriate market frameworks. Extensive knowledge of the Canadian business environment and world markets, emerging trends, the issues facing these areas and the implications for competition law enforcement and policy are required. A significant understanding of how government operates, including government priorities and programs relating to the Canadian economy, as well as knowledge of the mandate of the Competition Bureau and all its relevant legislation are also required.

The suitable candidate will possess the ability to interpret relevant statues, policies and regulations and analyze complex situations in order to make equitable and timely decisions and recommendations while anticipating their short- and long-term consequences. Superior communication skills (written and oral) with the ability to act as spokesperson to promote awareness of the benefits of competition, to provide expertise on competition law and policy and to further the understanding and role of the Bureau are required. The ideal candidate will have the ability to lead organizational change in a manner that fosters collaboration among organizational stakeholders and achieves the strategic objectives of the Bureau. In addition to possessing the ability to promote the principles of competition law and policies and maintain public confidence that the marketplace is fair, efficient and competitive, the chosen candidate will have the ability to interact and negotiate effectively with senior officials of federal and provincial governments, leaders of anti-trust agencies and various stakeholders.

The preferred candidate will be flexible, objective and possess superior interpersonal skills. He/she will also be creative, influential, motivated by challenge and change and will possess sound judgement and discretion.

The successful candidate must be willing to relocate to the National Capital Region or to a location within reasonable commuting distance. He/she must also be willing to travel extensively both nationally and internationally.

Proficiency in both official languages would be preferred.

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.