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Vol. 143, No. 32 — August 8, 2009

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. 4543-2-03476 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Saltair Services Ltd., Ladysmith, British Columbia.

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

2.1. Nature of waste or other matter: Dredged material consisting of rock, gravel, sand, silt, clay, non-reusable concrete, wood waste, or material typical to the approved loading site, except logs and usable wood. The Permittee shall ensure that every effort is made to prevent the deposition of log bundling strand into waste or other matter approved for loading and disposal at sea and/or remove log bundling strand from waste or other matter approved for loading and disposal at sea.

 3. Duration of permit: Permit is valid from September 7, 2009, to September 6, 2010.

 4. Loading site(s): Coastland Wood Industries Limited, Nanaimo, British Columbia, at approximately 49°08.77′ N, 123°55.59′ W (NAD83).

 5. Disposal site(s): Five Finger Island Disposal Site, within a 0.5 nautical mile radius of 49°15.20′ N, 123°54.70′ W (NAD83).

 6. Method of loading: Loading will be carried out using cutter suction dredge, barge-mounted excavator or clamshell dredge.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via pipeline, hopper scow, towed scow or hopper dredge.

 8. Method of disposal: Disposal will be carried out by pipeline, bottom dumping, end dumping or cutter suction dredge.

 9. Total quantity to be disposed of: Not to exceed 10 000 m3.

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

11. Inspection:

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

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

11.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

12. Contractors:

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

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

13. Reporting and notification:

13.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, 604-666-9059 (fax) or das.pyr@ec.gc.ca (email).

13.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the names of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s), and the dates on which disposal activities occurred.

MICHAEL WILSON
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

[32-1-o]

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. 4543-2-03486 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: S&R Sawmills Ltd., Surrey, British Columbia.

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

2.1. Nature of waste or other matter: Dredged material consisting of rock, gravel, sand, silt, clay, non-reusable concrete, wood waste, or material typical to the approved loading site, except logs and usable wood. The Permittee shall ensure that every effort is made to prevent the deposition of log bundling strand into waste or other matter approved for loading and disposal at sea and/or remove log bundling strand from waste or other matter approved for loading and disposal at sea.

 3. Duration of permit: Permit is valid from September 7, 2009, to September 6, 2010.

 4. Loading site(s): S&R Sawmills Ltd., Surrey, British Columbia, at approximately 49°11.00′ N, 122°42.00′ W (NAD83).

 5. Disposal site(s): Point Grey Disposal Site, within a one nautical mile radius of 49°15.40′ N, 123°21.90′ W (NAD83).

 6. Method of loading: Loading will be carried out using cutter suction dredge, barge-mounted excavator or clamshell dredge.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via pipeline, hopper scow, towed scow or hopper dredge.

 8. Method of disposal: Disposal will be carried out by pipeline, bottom dumping, end dumping or cutter suction dredge.

 9. Total quantity to be disposed of: Not to exceed 50 000 m3.

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

11. Inspection:

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

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

11.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

12. Contractors:

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

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

13. Reporting and notification:

13.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, 604-666-9059 (fax) or das.pyr@ec.gc.ca (email).

13.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the names of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s), and the dates on which disposal activities occurred.

MICHAEL WILSON
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

[32-1-o]

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. 4543-2-03487 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Fraser River Pile & Dredge (GP) Inc., New Westminster, British Columbia.

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

2.1. Nature of waste or other matter: Dredged material consisting of rock, gravel, sand, silt, clay, non-reusable concrete, wood waste, or material typical to the approved loading site, except logs and usable wood. The Permittee shall ensure that every effort is made to prevent the deposition of log bundling strand into waste or other matter approved for loading and disposal at sea and/or remove log bundling strand from waste or other matter approved for loading and disposal at sea.

 3. Duration of permit: Permit is valid from September 7, 2009, to September 6, 2010.

 4. Loading site(s):

(a) Various approved sites in the Fraser River Estuary, British Columbia, at approximately 49°11.90′ N, 123°07.88′ W (NAD83);

(b) Various approved sites in Howe Sound, British Columbia, at approximately 49°29.82′ N, 123°18.24′ W (NAD83);

(c) Various approved sites in Vancouver Harbour, British Columbia, at approximately 49°18.70′ N, 123°08.00′ W (NAD83); and

(d) Various approved sites near Vancouver Island, British Columbia, at approximately 49°22.45′ N, 123°56.42′ W (NAD83).

 5. Disposal site(s):

(a) Cape Mudge Disposal Site, within a 0.5 nautical mile radius of 49°57.70′ N, 125°05.00′ W (NAD83);

(b) Comox (Cape Lazo) Disposal Site, within a 0.5 nautical mile radius of 49°41.70′ N, 124°44.50′ W (NAD83);

(c) Five Finger Island Disposal Site, within a 0.5 nautical mile radius of 49°15.20′ N, 123°54.70′ W (NAD83);

(d) Malaspina Strait Disposal Site, within a 0.5 nautical mile radius of 49°45.00′ N, 124°27.00′ W (NAD83);

(e) Point Grey Disposal Site, within a one nautical mile radius of 49°15.40′ N, 123°21.90′ W (NAD83);

(f) Porlier Pass Disposal Site, within a 0.5 nautical mile radius of 49°00.20′ N, 123°29.90′ W (NAD83);

(g) Thornbrough Channel Disposal Site, within a 0.25 nautical mile radius of 49°31.00′ N, 123°28.30′ W (NAD83); and

(h) Watts Point Disposal Site, within a 0.25 nautical mile radius of 49°38.50′ N, 123°14.10′ W (NAD83).

 6. Method of loading: Loading will be carried out using cutter suction dredge, barge-mounted excavator or clamshell dredge.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via pipeline, hopper scow, towed scow or hopper dredge.

 8. Method of disposal: Disposal will be carried out by pipeline, bottom dumping, end dumping or cutter suction dredge.

 9. Total quantity to be disposed of: Not to exceed 70 000 m3.

10. The Permittee shall obtain from the permit-issuing office a Letter of Approval for each loading and disposal activity prior to undertaking the work, and adhere to the conditions in the Letter of Approval.

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

12. Inspection:

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

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

12.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

13. Contractors:

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

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

14. Reporting and notification:

14.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, 604-666-9059 (fax) or das.pyr@ec.gc.ca (email).

14.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the names of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s), and the dates on which disposal activities occurred.

MICHAEL WILSON
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

[32-1-o]

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. 4543-2-03488 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Fraser River Pile & Dredge (GP) Inc., New Westminster, British Columbia.

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

2.1. Nature of waste or other matter: Dredged material consisting of rock, gravel, sand, silt, clay, non-reusable concrete, wood waste, or material typical to the approved loading site, except logs and usable wood. The Permittee shall ensure that every effort is made to prevent the deposition of log bundling strand into waste or other matter approved for loading and disposal at sea and/or remove log bundling strand from waste or other matter approved for loading and disposal at sea.

 3. Duration of permit: Permit is valid from September 7, 2009, to September 6, 2010.

 4. Loading site(s): Richmond Plywood, Richmond, British Columbia, at approximately 49°12.17′ N, 122°04.25′ W (NAD83).

 5. Disposal site(s): Point Grey Disposal Site, within a one nautical mile radius of 49°15.40′ N, 123°21.90′ W (NAD83).

 6. Method of loading: Loading will be carried out using cutter suction dredge, barge-mounted excavator or clamshell dredge.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via pipeline, hopper scow, towed scow or hopper dredge.

 8. Method of disposal: Disposal will be carried out by pipeline, bottom dumping, end dumping or cutter suction dredge.

 9. Total quantity to be disposed of: Not to exceed 12 000 m3.

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

11. Inspection:

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

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

11.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

12. Contractors:

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

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

13. Reporting and notification:

13.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, 604-666-9059 (fax) or das.pyr@ec.gc.ca (email).

13.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the names of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s), and the dates on which disposal activities occurred.

MICHAEL WILSON
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

[32-1-o]

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. 4543-2-04347 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Lower North Shore Community Seafood Cooperative, Harrington Harbour, Quebec.

 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 September 17, 2009, to September 16, 2010.

 4. Loading site(s): Harrington Harbour wharf, Quebec, 50°29.80′ N, 59°28.64′ W (NAD83).

 5. Disposal site(s): Within a 100 m radius of 50°29.70′ N, 59°28.29′ W (NAD83), at an approximate depth of 18 m.

 6. Method of loading: 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.

6.1. 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 via towed scow.

 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 400 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 adhere to the conditions identified in the permit and are aware 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 the Regional Director, Environmental Protection Operations, Department of the Environment, Quebec Region, 105 McGill Street, 4th Floor, Montreal, Quebec H2Y 2E7, 514-496-6982 (fax), immersion.dpe@ec.gc.ca (email).

12.1. The Permittee shall submit a written report to the Minister, as represented by the Regional Director 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: a list of all work completed pursuant to the permit, including the names of the loading and disposal sites used, the quantity of matter disposed of at the disposal site, the dates on which disposal activities occurred and the Register of Disposal at Sea Operations.

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

JEAN-PIERRE DES ROSIERS
Environmental Protection Operations Directorate
Quebec Region
On behalf of the Minister of the Environment

[32-1-o]

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. 4543-2-06566 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Department of Public Works and Government Services, Moncton, New Brunswick.

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

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

 3. Duration of permit: Permit is valid from September 8, 2009, to April 14, 2010.

 4. Loading site(s): Chockpish Harbour Basin, New Brunswick, at approximately 46°35.02′ N, 64°43.31′ W (NAD83).

 5. Disposal site(s): Chockpish, 46°34.84′ N, 64°43.09′ W (NAD83).

 6. Method of loading: Dredging will be carried out using a cutter suction dredge.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via pipeline.

 8. Method of disposal: Disposal will be carried out by cutter suction dredge and pipeline.

 9. Total quantity to be disposed of: Not to exceed 10 000 m3 scow measure.

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

11. 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.

12. 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.

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

 13. Reporting and notification:

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

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

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

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

(d) Mr. Marc Godin, Fisheries and Oceans Canada, P.O. Box 3420, Station Main Tracadie-Sheila, New Brunswick E1X 1G5, 506-395-3809 (fax), marc.godin@dfo-mpo.gc.ca (email).

13.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of Environmental Protection Operations Directorate, c/o Mr. Adrian MacDonald, as identified in paragraph 13.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the names of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s) and the dates on which disposal activities occurred.

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

14. Special precautions:

14.1. The loading and disposal at sea referred to under this permit shall be carried out in accordance with Part D of the environmental assessment report titled “Environmental Screening Harbour Dredging, Chockpish Harbour, Kent County, New Brunswick” (July 2009).

I. R. GEOFFREY MERCER
Environmental Protection Operations Directorate
Atlantic Region
On behalf of the Minister of the Environment

[32-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of final decision on the screening assessment of six substances on the Domestic Substances List — benzenamine, 2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)- (trifluralin); 1,3,5-triazine-2,4-diamine, 6-chloro-N-ethyl-N′-(1-methylethyl)- (atrazine); 1,3-benzenedicarbonitrile, 2,4,5,6-tetrachloro- (chlorothalonil); 1H-indene-1,3(2H)-dione, 2-[(4-chlorophenyl)phenylacetyl]- (chlorophacinone); benzene, 1,1′-(2,2,2-trichloroethylidene)bis[4-methoxy- (methoxychlor); and phenol, pentachloro- (pentachlorophenol) — (subsection 77(6) of the Canadian Environmental Protection Act, 1999)

Whereas benzenamine, 2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)- (CAS RN 1582-09-8); 1,3,5-triazine-2,4-diamine, 6-chloro-N-ethyl-N′-(1-methylethyl)- (CAS RN 1912-24-9); 1,3-benzenedicarbonitrile, 2,4,5,6-tetrachloro- (CAS RN 1897-45-6); 1H-indene-1,3(2H)-dione, 2-[(4-chlorophenyl) phenylacetyl]- (CAS RN 3691-35-8); benzene, 1,1′-(2,2,2-trichloroethylidene)bis[4-methoxy- (CAS RN 72-43-5); and phenol, pentachloro- (CAS RN 87-86-5) are substances on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the final screening assessment of the above six substances is annexed hereto;

Whereas the Ministers have not identified uses above 100 kg per calendar year other than those regulated under the Pest Control Products Act administered by the Pest Management Regulatory Agency;

Whereas the above six substances do not meet any of the criteria set out in section 64 of the Act;

Whereas, pursuant to paragraph 2(1)(m) of the Act, the Government of Canada, in the administration of the Act, shall ensure, having regard to the Constitution and the laws of Canada, and to the extent that is reasonably possible, that all areas of federal regulation for the protection of the environment and human health are addressed in a complementary manner in order to avoid duplication and to provide effective and comprehensive protection; and

Whereas the Minister of the Environment intends to amend the Domestic Substances List, under subsection 87(3) of the Act, to indicate that subsection 81(3) thereof applies with respect to the above substances,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to take no further action on the above-listed substances under section 77 of the Act at this time.

JIM PRENTICE
Minister of the Environment

LEONA AGLUKKAQ
Minister of Health

ANNEX

Summary of the Screening Assessment of Benzenamine, 2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)- (Trifluralin); 1,3,5-triazine-2,4-diamine, 6-chloro-N-ethyl-N′-(1-methylethyl)- (Atrazine); 1,3-benzenedicarbonitrile, 2,4,5,6-tetrachloro- (Chlorothalonil); 1H-indene-1,3(2H)-dione, 2-[(4-chlorophenyl)phenylacetyl]- (Chlorophacinone); Benzene, 1,1′-(2,2,2-trichloroethylidene)bis[4-methoxy- (Methoxychlor); and Phenol, pentachloro- (Pentachlorophenol) Identified Under Subsection 73(1) of the Canadian Environmental Protection Act, 1999

The following six substances are among 123 substances on the Domestic Substances List (DSL) that were selected for a DSL screening assessment pilot project. All six substances were determined by Environment Canada to meet ecological categorization criteria for persistence and/or bioaccumulation, and inherent toxicity to aquatic organisms, under subsection 73(1) of the Canadian Environmental Protection Act, 1999 (CEPA 1999). Additionally, four of these six substances (trifluralin, atrazine, chlorothalonil and pentachlorophenol) were identified by Health Canada as inherently toxic to humans. Pursuant to paragraph 74(a) of CEPA 1999, the Ministers of the Environment and of Health have completed a screening assessment on trifluralin, atrazine, chlorothalonil, chlorophacinone, methoxychlor and pentachlorophenol.

CAS RN*

Common Name

DSL Name

1582-09-8

trifluralin

benzenamine, 2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)-

1912-24-9

atrazine

1,3,5-triazine-2,4-diamine, 6-chloro-N-
ethyl-N′′-(1-methylethyl)-

1897-45-6

chlorothalonil

1,3-benzenedicarbonitrile, 2,4,5,6-
tetrachloro-)

3691-35-8

chlorophacinone

1H-indene-1,3(2H)-dione, 2-[(4-chlorophenyl)phenylacetyl]-

72-43-5

methoxychlor

benzene, 1,1′-(2,2,2-trichloroethylidene)
bis[4-methoxy-

87-86-5

pentachlorophenol

phenol, pentachloro-

*CAS RN: Chemical Abstracts Service Registry Number

All six substances are registered or have been registered as active ingredients in pest control products under the Pest Control Products Act (PCPA) and have undergone an environmental and human health risk assessment by the Pest Management Regulatory Agency (PMRA) as part of their registration process. Two of the substances (atrazine and chlorophacinone) have recently undergone re-evaluation resulting in continued registration for specific applications. Three of the substances (trifluralin, chlorothalonil and pentachlorophenol) are currently undergoing re-evaluation. All pesticidal uses of methoxychlor have been discontinued as of December 31, 2005, and this substance is no longer registered under the PCPA.

For the screening assessment under CEPA 1999 of registered pesticides on the DSL, the approach of Environment Canada and Health Canada is to conduct an entry characterization of the substances in Canada and then evaluate any non-pesticidal releases and sources.

An industrial survey conducted under section 71 of CEPA 1999 revealed no non-pesticidal uses of these substances in Canada above reporting thresholds in 2000. Entry characterizations consisted of additionally searching for information on releases and sources of the substances in relevant databases and on the Internet, and reviewing findings for both Canada and elsewhere. Searches for these substances were conducted up to September 2007, and no information was found on non-pesticidal uses or releases of these substances in Canada. Therefore, the likelihood of exposure to these substances in Canada resulting from non-pesticidal uses is low.

Since no uses or releases other than those covered by the PCPA have been identified in Canada for the above six substances, no additional efforts were made under CEPA 1999 to collect or analyze information relevant to the persistence, bioaccumulation, and inherent toxicity to human and non-human organisms of these substances beyond what was done for categorization. Therefore, the decisions on the hazard properties for these substances remain unchanged in this assessment.

All six substances, with the exception of chlorophacinone, meet the criteria for persistence as set out in the Persistence and Bioaccumulation Regulations (Canada, 2000). Only trifluralin and chlorophacinone meet the criteria for bioaccumulation as set out in the Persistence and Bioaccumulation Regulations (Canada, 2000). All six substances are considered to be inherently toxic to aquatic organisms. Four substances (trifluralin, atrazine, chlorothalonil and pentachlorophenol) are considered to be inherently toxic to humans. It should be noted that all of these hazard properties may be re-examined and revised during re-evaluations of these substances under the PCPA.

Conclusion

Based on available information, and until new information is received indicating that any of the substances are entering, or may enter the environment due to applications in Canada not registered under the PCPA, it has been determined that the above six substances are currently not entering, nor are they likely to enter the environment from applications not registered under the PCPA, in a quantity or concentration or under conditions that would meet any of the criteria set out in section 64 of CEPA 1999.

As substances listed on the DSL, import and manufacture of these substances in Canada are not subject to notification under subsection 81(1) of CEPA 1999. Given the hazardous properties of these substances, there is concern that new activities for the substances (other than those covered under the PCPA), which 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 is recommended that these six 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 application of these substances for uses other than the ones covered under the PCPA is notified and will undergo ecological and human health risk assessments as specified in section 83 of the Act, prior to the initiation of this activity in Canada.

[32-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of results of investigations and recommendations for the substances organotins (monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins, dioctyltins, fluorotriphenyltin, tetraphenyltin, tributyltins, and tetrabutyltins) — pursuant to paragraphs 68(b) and 68(c) of the Canadian Environmental Protection Act, 1999

Whereas an assessment on non-pesticidal organotin compounds (monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins, dioctyltins) was conducted by the Minister of the Environment and the Minister of Health in 1993 following these compounds’ inscription on the first Priority Substances List (PSL1) under the Canadian Environmental Protection Act of 1988, and concluded that these compounds were not toxic to the environment according to the Act;

Whereas a follow-up report on organotins was completed in 2003 and the Ministers concluded that non-pesticidal organotin compounds do not present a danger to human life or health, and thus do not meet the criterion set out under paragraph 64(c) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the follow-up ecological assessment on organotins (monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins, dioctyltins, fluorotriphenyltin, tetraphenyltin, tributyltins, and tetrabutyltins) conducted under paragraph 68(b) of the Canadian Environmental Protection Act, 1999 is annexed hereby;

Whereas it is concluded that monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins, dioctyltins, triphenyltin and tetraphenyltin do not meet the criteria set out in paragraphs 64(a) and (b) of the Canadian Environmental Protection Act, 1999;

Whereas it is concluded that tributyltins and tetrabutyltins meet the criterion set out in paragraph 64(a) of the Canadian Environmental Protection Act, 1999; and

Whereas the Minister of the Environment proposes to amend the Domestic Substances List, under subsection 87(3) of the Canadian Environmental Protection Act, 1999, to indicate that subsection 81(3) applies to fluorotriphenyltin and tetraphenyltin,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health propose to take no further action at this time with respect to monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins and dioctyltins;

Notice is also hereby given that the Ministers of the Environment and of Health propose to recommend to Her Excellency the Governor in Council that tributyltins and tetrabutyltins be added to Schedule 1 to the Canadian Environmental Protection Act, 1999.

Notice furthermore is given that the Ministers recommend to consider tributyltins candidates for virtual elimination;

Notice is furthermore given that the Ministers of the Environment and of Health are releasing risk management approach documents for tributyltins and tetrabutyltins on the Government of Canada’s Chemical Substances Web site (www. chemicalsubstances.gc.ca) to continue discussions with stakeholders on the manner in which the Ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance.

JIM PRENTICE
Minister of the Environment

LEONA AGLUKKAQ
Minister of Health

ANNEX

Summary of the follow-up assessment report on Organotins on the Domestic Substances List

There are 109 organotin substances on Canada’s Domestic Substances List (DSL), 104 of which belong to nine subcategories of organotins, as outlined in Table 1. Tetrabutyltins are not on the DSL, but a tetrabutyltin has been evaluated by the New Substances program and is suspected to be toxic to the environment. Tetrabutyltins can also degrade to tributyltins in the environment and are therefore also addressed in this report. The remaining five organotin substances on the DSL do not belong to these subcategories, and these five substances are not addressed.

Table 1. Organotin subcategories: number of organotin substances on the DSL

Methyltin

Butyltin

Octyltin

Phenyltin

Mono-

13

18

2

0

Di-

15

38

8

0

Tri-

0

8

0

1

Tetra-

0

0

0

1

Approximately 70% of the total annual world production of non-pesticidal organotin compounds is used in PVC stabilizers. Mono- and dialkyltins (i.e. methyl-, butyl- and octyltins) are used mainly as polyvinyl chloride (PVC) stabilizers. Dioctyltins are generally used as additives for PVC food packaging products. Some mono- and dialkyltins (e.g. butyltin trichloride and dimethyltin dichloride) are also used in depositing clear, durable tin oxide coatings on reusable glass bottles. Certain dialkyltins are used as catalysts in producing various polymers and esters. Internationally, dialkyltins are also used as stabilizers for lubricating oils, hydrogen peroxide and polyolefins.

It is believed that almost all of the intentional use of tributyltins in Canada is related to its pesticidal properties, which are regulated under the Pest Control Products Act (PCPA). Action has already been taken on tributyltin pesticides with the greatest exposure to the environment. The use of tributyltins in antifouling paint for use on ship hulls has been prohibited in Canada since January 1, 2003, under the PCPA. As of March 1, 2009, two tributyltin active ingredients were registered under the PCPA and are found in six end-use products. The Pest Management Regulatory Agency of Health Canada intends to re-evaluate the remaining uses of tributyltin by 2009-2010, to determine if their use continues to be acceptable under today’s standards for health and environmental protection.

Trialkyltins occur as contaminants in other commercial organotin products. It has been reported that tributyltins can be impurities at concentrations up to about 20% in tetrabutyltins imported for use in the synthesis of organotin stabilizers. Tributyltins are also present at lower concentrations (up to about 0.5%) in commercial dibutyltin formulations.

Tetraalkyltins are believed to be used in Canada only as intermediates in the synthesis of other organotin substances.

Tetraphenyltin and one triphenyltin substance, fluorotriphenyltin, are listed on the DSL. However, based on information provided by industrial suppliers of organotin substances, it is believed that fluorotriphenyltin and tetraphenyltin are not currently in use in Canada.

Methyltin compounds may be present in the environment both as a result of natural methylation of inorganic tin and from industrial uses. Other types of organotins are not formed by natural processes in the environment.

In Canada, the largest environmental releases of non-pesticidal organotins are expected to occur as a result of loss of liquid residues from shipping containers, with smaller releases occurring from storage tanks and transfer lines during processes associated with formulation and manufacturing. It is estimated that up to 0.4 kg of organotin stabilizers per day could be released into water from a facility in the absence of appropriate stewardship practices. In recent years, facilities using organotin stabilizers have adopted product stewardship practices that have led to a decrease in the potential release of organotins. Releases from these facilities are estimated to be less than 0.0016 kg/day. Environmental concentrations resulting from these releases would not be expected to harm aquatic organisms.

Environment Canada, the Vinyl Council of Canada and the Tin Stabilizers Association entered into an Environmental Performance Agreement (EPA) to provide the continued implementation of effective stewardship practices for organotin stabilizers. The final EPA was signed on March 10, 2008, and is available online at www.ec.gc.ca/epa-epe/en/index.cfm.

Tributyltins and triphenyltins meet the criterion for persistence in sediments and the criteria for bioaccumulation set out in the Persistence and Bioaccumulation Regulations, a regulation made under the authority of the Canadian Environmental Protection Act, 1999. These substances are not naturally occurring radionuclides or naturally occurring inorganic substances, and their presence in the environment results from human activity. In the past, tributyltin compounds have probably entered the environment mostly from their pesticidal uses in antifouling paints. However, tributyltin compounds may also enter the environment because of their presence in other butyltin products and because of the environmental breakdown of tetrabutyltins. Tetrabutyltins may enter the environment during the synthesis of other butyltin substances. Tributyltins have been detected in surface water and sediment throughout Canada, whereas triphenyltins have been detected in sediment samples from several sites in Canada. These substances are harmful to aquatic organisms at low concentrations. Concentrations of tributyltins at some sites in Canada are high enough to harm aquatic organisms.

Tetrabutyltins are degraded in the environment by removal of one of the alkyl groups attached to the tin atom, producing tributyltin compounds. Tetraphenyltin is expected to degrade to triphenyltin compounds in a similar manner. Furthermore, commercial formulations of tetrabutyltins contain tributyltins as by-products, and tetraphenyltin would also be expected to contain triphenyltins as by-products. As precursors to persistent and bioaccumulative compounds that have the potential to cause environmental harm, tetrabutyltins and tetraphenyltin are themselves considered to have the potential to cause harm to the environment.

Conclusion on ecological effects

Based on the available information on their potential to cause ecological harm, it is concluded that tributyltins and tetrabutyltins are entering, or 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. Therefore, it is concluded that tributyltins and tetrabutyltins meet the criterion set out in paragraph 64(a) of the Canadian Environmental Protection Act, 1999.

Based on the available data on their potential to cause ecological harm, it is concluded that monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins, dioctyltins, fluorotriphenyltin and tetraphenyltin are currently not entering 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 that constitute or may constitute a danger to the environment on which life depends. Therefore, it is concluded that monomethyltins, monobutyltins, monooctyltins, dimethyltins, dibutyltins, dioctyltins, fluorotriphenyltin and tetraphenyltin do not meet the criteria set out in paragraphs 64(a) or 64(b) of the Canadian Environmental Protection Act, 1999. However, given the hazardous properties of fluorotriphenyltin and tetraphenyltin, there is concern that new activities for these two substances which have not been identified or assessed could lead to the substances meeting any of the criteria set out in section 64 of the Act. It is thus recommended that these two 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 is notified and will undergo ecological and human health risk assessments as specified in section 83 of the Act prior to being introduced into Canada.

The final follow-up ecological assessment report for these substances is available on the Chemical Substances Web site at www.chemicalsubstanceschimiques.gc.ca.

Conclusion on human health effects

A final follow-up report on the review of critical data on the potential effects of non-pesticidal organotin substances on humans and on the estimated exposure of humans to these substances was released publicly in May 2003. This review concluded that non-pesticidal organotin substances were not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. Based on this review, the Minister of the Environment and the Minister of Health concluded that non-pesticidal organotin substances did not meet the criterion set out under paragraph 64(c) of the Canadian Environmental Protection Act, 1999.

The final follow-up report on the health assessment of these substances, released in May 2003, is available on Environment Canada’s Existing Substances Web site at www.ec.gc.ca/substances/ese/eng/psap/PSL1_organotins.cfm.

[32-1-o]

DEPARTMENT OF THE ENVIRONMENT

KYOTO PROTOCOL IMPLEMENTATION ACT

Notice of publication of the National Roundtable on the Environment and the Economy’s advice on“A Climate Change Plan for the Purposes of the Kyoto Protocol Implementation Act — 2009”

Notice is hereby given, pursuant to paragraph 10(2)(b) of the Kyoto Protocol Implementation Act, that the Minister of the Environment has published, on Environment Canada’s Web site at www.ec.gc.ca, advice received from the National Roundtable on the Environment and the Economy under subsection 10(1) of the Act.

JIM PRENTICE
Minister of the Environment

[32-1-o]

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 potassium copper chlorophyllin as an additive in breath freshener products in candy, tablet or gum form, at a maximum level of use of 700 ppm.

Health Canada has received a submission to permit the use of sodium copper chlorophyllin as a colouring agent in confectionary, frozen novelties, ice cream mix and ice milk mix products, at a maximum level of use of 300 ppm. Evaluation of available data supports the safety and effectiveness of sodium copper chlorophyllin as a colouring agent in these food products.

The use of sodium copper chlorophyllin will benefit both the consumer and industry through the availability of a non-synthetic colouring agent to produce a green shade in confectionary, frozen novelties, ice cream mix and ice milk mix products.

Therefore, it is the intention of Health Canada to recommend that the Food and Drug Regulations be amended to permit the use of sodium copper chlorophyllin as a colouring agent in confectionary, frozen novelties, ice cream mix and ice milk mix products, at a maximum level of use of 300 ppm.

As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization is being issued to permit the immediate use of sodium copper chlorophyllin, 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), and section B.16.007 of the Food and Drug Regulations. The unstandardized foods described above are exempted from the application of B.01.043(a) and section B.16.007 of the Food and Drug Regulations.

The proposed regulatory amendments would be enabling measures to allow the sale of additional foods containing sodium copper chlorophyllin as a colouring agent. The amendments are supported by the safety assessment and would have low impact on the economy and on 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, 251 Sir Frederick Banting Driveway, Address Locator 2203B, Ottawa, Ontario K1A 0K9, 613-957-1750 (telephone), 613-941-6625 (fax), sche-ann@hc-sc.gc.ca (email).

July 27, 2009

MEENA BALLANTYNE
Assistant Deputy Minister
Health Products and Food Branch

[32-1-o]

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 Aspergillus niger, Aspergillus niger (XYL-2)(pXYL3), that carries a xylanase gene from Aspergillus niger LYX-68. This xylanase will be used in the production of bread, flour, whole wheat flour and unstandardized bakery products such as cakes at levels consistent with good manufacturing practice. Evaluation of available data supports the safety and effectiveness of this xylanase derived from Aspergillus niger (XYL-2)(pXYL3) in these food products.

The use of the xylanase derived from this modified microorganism 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 this xylanase derived from Aspergillus niger (XYL-2)(pXYL3) 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 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 the xylanase from Asperigillus niger (XYL-2)(pXYL3). The amendments are supported by the safety assessment and would have low impact on the economy and on 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, 251 Sir Frederick Banting Driveway, Address Locator 2203B, Ottawa, Ontario K1A 0K9, 613-957-1750 (telephone), 613-941-6625 (fax), sche-ann@hc-sc.gc.ca (email).

July 27, 2009

MEENA BALLANTYNE
Assistant Deputy Minister
Health Products and Food Branch

[32-1-o]

DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Interim Order Respecting the Sale of Oseltamivir Phosphate — Expanded Use for Children Under One Year of Age

Whereas the Minister of Health believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment;

Therefore, the Minister of Health, pursuant to subsection 30.1(1) (see footnote a) of the Food and Drugs Act (see footnote b), hereby makes the annexed Interim Order Respecting the Sale of Oseltamivir Phosphate — Expanded Use for Children Under One Year of Age.

Ottawa, July 20, 2009

LEONA AGLUKKAQ
Minister of Health

INTERIM ORDER RESPECTING THE SALE OF OSELTAMIVIR PHOSPHATE — EXPANDED USE FOR CHILDREN UNDER ONE YEAR OF AGE

INTERPRETATION

1. Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Food and Drug Regulations.

EXPANDED USE

2. The sale of oseltamivir phosphate for the expanded use as a prophylaxis or treatment for children under one year of age, for infection caused by the novel influenza A H1N1 virus, is not subject to section C.08.003 of the Food and Drug Regulations.

SUPPLEMENTARY INFORMATION

3. The Minister shall make available to health care providers and the public supplementary information pertaining to oseltamivir phosphate for the expanded use that includes

(a) a statement of the expanded use;

(b) a statement of the known and potential benefits and the known and potential risks;

(c) the recommended dose;

(d) the recommended duration of use, if any; and

(e) the drug identification number that has been issued for oseltamivir phosphate with which the expanded use is associated.

SUBMISSION OF INFORMATION

4. The manufacturer shall submit the following to the Minister in a form and manner, and with a frequency, that enables the Minister to assess the safety and effectiveness of oseltamivir phosphate for the expanded use:

(a) any information in the possession of or available to the manufacturer concerning the safety or effectiveness of oseltamivir phosphate for the expanded use; and

(b) information for the purpose of updating the supplementary information referred to in section 3.

APPLICATION OF SECTION C.08.003

5. (1) The sale of oseltamivir phosphate for the expanded use is subject to section C.08.003 of the Food and Drug Regulations if the Minister considers that

(a) in light of the information available, the known and potential benefits of the expanded use do not outweigh the known and potential risks; or

(b) the conditions set out in section 4 have not been met.

(2) If subsection (1) applies, the Minister shall notify the manufacturer, health care providers and the public that the sale of oseltamivir phosphate for the expanded use is subject to section C.08.003 of the Food and Drug Regulations.

EXPLANATORY NOTE

(This note is not part of the Interim Order.)

The recent outbreak of the novel influenza A H1N1 virus has required a review of all therapies that could be used to treat the infection. Novel influenza A H1N1 infection is currently believed to be a serious and life-threatening disease which has been associated with several fatalities.

Tamiflu (oseltamivir phosphate) is a drug currently authorized for sale in Canada for the treatment and prophylaxis of uncomplicated acute illness due to influenza infection in adults, adolescents and paediatric patients 1 year and older who have been symptomatic for no more than 2 days.

Tamiflu may be useful in the treatment of novel influenza A H1N1 infection. However, because of the limited data available on the use of Tamiflu in children under 1 year of age, the drug is not indicated for use in this population. Given the limited options for the treatment of this newly identified virus, the lack of this approved use could represent a critical gap. Furthermore, the current label of Tamiflu does not provide health care providers with information about the use of the drug in children under 1 year of age.

In response to the novel influenza A H1N1 outbreak, the United States has issued an Emergency Use Authorization in respect of Tamiflu for use in children under 1 year of age. Similarly, the European Medicines Agency has declared that the drug can be used in this population, given the urgent nature of the novel influenza A H1N1 pandemic.

This Order will allow the sale of Tamiflu under the Food and Drug Regulations for the expanded use as a prophylaxis or treatment of infection caused by the novel influenza A H1N1 virus in children under 1 year of age. The Minister of Health will make available to health care providers and the public supplementary information about the use of Tamiflu in children under 1 year of age. The manufacturer of Tamiflu will provide Health Canada with new information, as it becomes available, about the safety and effectiveness of Tamiflu when used in children under 1 year of age.

The sale of Tamiflu for the expanded use would no longer be allowed under the Food and Drug Regulations where the Minister considers that the known and potential benefits of using the drug for the expanded use no longer outweigh the known and potential risks. The Minister would then notify the manufacturer, health care providers and the public.

[32-1-o]

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Vancouver Fraser Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT, INFRASTRUCTURE AND COMMUNITIES

WHEREAS effective January 1, 2008, the port authorities of Vancouver, Fraser River and North Fraser amalgamated to continue as the Vancouver Fraser Port Authority (“Authority”);

WHEREAS Letters Patent were issued by the Minister of Transport, Infrastructure and Communities for the Authority pursuant to paragraph 59.7(k) of the Port Authorities Management Regulations effective January 1, 2008;

WHEREAS in support of port operations the Authority wishes to acquire from British Columbia Pavilion Corporation the real property described below;

WHEREAS Schedule C of the Letters Patent describes the real property, other than federal real property, held or occupied by the Authority;

WHEREAS the board of directors of the Authority has requested the Minister of Transport, Infrastructure and Communities to issue Supplementary Letters Patent to add to Schedule C of the Letters Patent the real property described below;

NOW THEREFORE under the authority of section 9 of the Canada Marine Act, the Letters Patent are amended by adding to Schedule C of the Letters Patent the real property described as follows:

Parcel A, a portion of Parcel 1 of the Public Harbour of Burrard Inlet, New Westminster District Plan BCP 30843 comprising an area of 1.44 hectares more or less shown in outline on the unregistered survey plan bearing file number 2862 and titled “Reference Plan of Part of Parcel 1 of the Public Harbour of Burrard Inlet”, signed by Gary Sunvick B.C.L.S and dated March 12, 2009, which plan is kept at the offices of the Vancouver Fraser Port Authority.

These Supplementary Letters Patent are to be effective on the date of registration in the New Westminster Land Title Office of the transfer documents evidencing the transfer of the real property described above from the British Columbia Pavilion Corporation to the Authority.

ISSUED under my hand this 21st day of July 2009.

___________________________________
John Baird, P.C., M.P.
Minister of Transport, Infrastructure and Communities

[32-1-o]

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Vancouver Fraser Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT, INFRASTRUCTURE AND COMMUNITIES

WHEREAS effective January 1, 2008 the port authorities of Vancouver, Fraser River and North Fraser amalgamated to continue as the Vancouver Fraser Port Authority (“Authority”);

WHEREAS Letters Patent were issued by the Minister of Transport, Infrastructure and Communities for the Authority pursuant to paragraph 59.7(k) of the Port Authorities Management Regulations effective January 1, 2008;

WHEREAS in support of port operations the Authority wishes to acquire from International Forest Products Limited the real property described below;

WHEREAS Schedule C of the Letters Patent describes the real property, other than federal real property, held or occupied by the Authority;

WHEREAS the board of directors of the Authority has requested the Minister of Transport, Infrastructure and Communities to issue Supplementary Letters Patent to add to Schedule C of the Letters Patent the real property described below;

NOW THEREFORE under the authority of section 9 of the Canada Marine Act, the Letters Patent are amended by adding to Schedule C of the Letters Patent the real property described as follows:

PID Number

Description

018-502-199

Parcel One, District Lot 757, Group 1, Reference Plan LMP12684

006-051-618

Lot 85, District Lot 757, Group 1, Plan 46311

These Supplementary Letters Patent are to be effective on the date of registration in the New Westminster Land Title Office of the transfer documents evidencing the transfer of the real property described above from International Forest Products Limited.

Issued under my hand this 21st day of July 2009.

___________________________________
John Baird, P.C., M.P.
Minister of Transport, Infrastructure and Communities

[32-1-o]

DEPARTMENT OF TRANSPORT

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Interim Order Respecting Dangerous Goods that are Lost or Stolen or Otherwise Unlawfully Interfered with

Whereas the Minister of Transport, Infrastructure and Communities believes that immediate action is required to deal with an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods and to public safety;

Therefore, the Minister of Transport, Infrastructure and Communities, pursuant to subsection 27.6(1) (see footnote c) of the Transportation of Dangerous Goods Act, 1992 (see footnote d), hereby makes the annexed Interim Order Respecting Dangerous Goods that are Lost or Stolen or Otherwise Unlawfully Interfered with.

Ottawa, July 23, 2009

JOHN BAIRD
Minister of Transport, Infrastructure and Communities

INTERIM ORDER RESPECTING DANGEROUS GOODS THAT ARE LOST OR STOLEN OR OTHERWISE UNLAWFULLY INTERFERED WITH

INTERPRETATION

1. Words and expressions used in this Interim Order and defined in the Transportation of Dangerous Goods Act, 1992 or the Transportation of Dangerous Goods Regulations have the same meaning as in that Act or those Regulations, as the case may be.

REPORT

2. A person who, in the course of the importing, offering for transport, handling or transporting of dangerous goods, other than dangerous goods included in Class 9, discovers that any of those goods have been lost or stolen or otherwise unlawfully interfered with must immediately report that discovery to

(a) the local police;

(b) CANUTEC at 613-996-6666; and

(c) in the case of goods included in Class 7, the Duty Officer of the Canadian Nuclear Safety Commission at 613-995-0479.

EXPLANATORY NOTE

(This note is not part of the Interim Order.)

It is imperative that reporting of the loss or theft of or other unlawful interference with dangerous goods, other than those included in Class 9, be undertaken immediately to ensure that such incidents are known and acted on in order to eliminate or reduce potential security threats. The Transportation of Dangerous Goods Regulations do not currently include any provision for reporting these incidents. Dangerous goods that are lost or stolen or otherwise unlawfully interfered with pose an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods and to public safety, and particularly to the Olympic Games that are to be held in 2010 in Vancouver, British Columbia, and to the G8 Summit that is to be held in June 2010 in Huntsville, Ontario.

This Interim Order sets out clear requirements for reporting and will remain in force for 14 days after the day on which it is made unless it is approved by the Governor in Council. If so approved, this Interim Order will, in accordance with subsection 27.6(3) of the Transportation of Dangerous Goods Act, 1992, remain in force for two years after the day on which it is made, until it is repealed or until regulations that have the same effect come into force, whichever is earliest.

CANUTEC will share reports with provincial authorities and appropriate federal government departments.

[32-1-o]

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

Wal-Mart Canada Bank — Letters patent of incorporation

Notice is hereby given of the issuance, pursuant to section 22 of the Bank Act, of Letters Patent incorporating Wal-Mart Canada Bank and, in French, La Banque Wal-Mart du Canada, effective July 24, 2009.

July 29, 2009

JULIE DICKSON
Superintendent of Financial Institutions

[32-1-o]

Footnote a
S.C. 2004, c. 15, s. 66

Footnote b
R.S., c. F-27

Footnote c
S.C. 2009, c. 9, s. 26

Footnote d
S.C. 1992, c. 34