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Vol. 143, No. 41 — October 10, 2009

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2009-87-09-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote b);

Therefore, the Minister of the Environment, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Order 2009-87-09-02 Amending the Non-domestic Substances List.

Ottawa, September 24, 2009

JIM PRENTICE
Minister of the Environment

ORDER 2009-87-09-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENTS

1. Part I of the Non-domestic Substances List (see footnote 1) is amended by deleting the following:

31288-93-4

36087-94-2

68390-93-2

70776-57-7

121315-16-0

124719-24-0

136793-29-8

164843-74-7

2. Part II of the List is amended by deleting the following:

17717-5

COMING INTO FORCE

3. This Order comes into force on the day on which Order 2009-87-09-01 Amending the Domestic Substances List comes into force.

[41-1-o]

DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE

CONSULTATIONS ON POSSIBLE FREE TRADE AGREEMENT NEGOTIATIONS WITH MOROCCO

The Government of Canada is seeking the views of Canadians on the scope of a possible free trade agreement (FTA) between Canada and the Kingdom of Morocco (Morocco).

This notice is part of the Government of Canada’s domestic consultation process with business, citizen-based organizations and individual Canadians, as well as with provincial and territorial governments, to obtain advice and views on priorities, objectives and concerns to help outline the parameters of this initiative.

Background

Canada and Morocco have recently engaged in an exchange on the possibility of FTA negotiations. Following an initial meeting in Rabat on January 8 and 9, 2009, a small team of Moroccan officials met with their Canadian counterparts in Ottawa on June 1 to 3, 2009, to assess the scope and desirability of possible FTA negotiations.

The commercial relationship between Canada and Morocco has grown stronger over the last decade. In 2008, bilateral merchandise trade totalled $452 million. Main Canadian exports consisted of wheat (primarily durum), iron and steel, and dried shelled pulses (lentils), while main Canadian imports were fruits and nuts (mostly citrus fruits), woven apparel, and mineral fuels and oils.

The Moroccan economy continues to develop and adjust to globalization. Significant economic reform is currently being implemented, including divestiture by the state, encouraged by international financial institutions. In 2008, Morocco’s economy grew by 5.6%. Morocco is experiencing an economic boom in industry and services, with the country becoming a hub for call centres and computer services. Morocco was the fourth-largest recipient of foreign direct investment in Africa in 2007, after South Africa, Nigeria and Egypt. The education sector is expanding, and there is strong potential for Canadian institutions, both Francophone and Anglophone.

As Canada’s first such agreement with an African country, an FTA with Morocco could be the gateway to a deepened Canadian commercial presence in the Mediterranean region and in North Africa. An FTA could better position Canadian business vis-à-vis competitors in this market and could provide increased market opportunities for Canadian goods and services into this growing market.

Morocco has an association agreement with the European Union (EU), which took effect on March 1, 2000, and an FTA with the United States that came into effect on January 1, 2006. Morocco’s association agreement with the EU provides for the complete dismantling of tariffs by 2012. Morocco has also concluded other FTAs with Tunisia, Egypt, Jordan (these four countries are signatories to the Agadir Declaration), the United Arab Emirates, the European Free Trade Association (Iceland, Liechtenstein, Norway and Switzerland — EFTA) and Turkey. Morocco is a member of the World Trade Organization (WTO) and the Greater Arab Free Trade Area (GAFTA).

Additional information on Canada’s relationship with Morocco can be found at

  • Contact information for the Embassy of Morocco in Canada
  • Ambassade du Royaume du Maroc au Canada, 38 Range Road, Ottawa, Ontario K1N 8J4, 613-236-7391 (telephone), 613-236-6164 (fax), sifamaot@bellnet.ca (email)

Submissions by interested parties

The Government is embarking on a public consultation process to allow all interested stakeholders an early opportunity to provide comments, input and advice on a possible free trade agreement with Morocco. It is essential that the Government of Canada be fully aware of the interests and potential sensitivities of Canadians with respect to this initiative. We welcome advice and views on any priorities, objectives and concerns relating to a possible free trade agreement with Morocco. In particular, we are seeking views with respect to the following:

  • Opinions on areas of goods export interest (identified by HS/Tariff codes, if possible), including products that would benefit from the early removal of tariffs and other barriers by Morocco.
  • Views on market access liberalization for Moroccan products (identified by HS/Tariff codes, if possible) into the Canadian market, including input on those products for which the elimination of tariffs should be expedited or phased-in over time.
  • Advice and views on trade in services, particularly the identification of sectors/activities of export interest for Canadian service providers, and opinions on domestic regulatory measures that restrict or otherwise affect market access for Canadian service providers.
  • Advice, views and experiences regarding the temporary entry of business persons from Canada into Morocco and into Canada from Morocco (e.g. impediments to entering or working in Morocco on a temporary basis including licensing or certification requirements at the border).
  • Advice, views and experiences regarding measures affecting exports destined for Morocco, including non-tariff barriers (such as import licensing), technical barriers to trade (including technical regulations, standards and/or conformity assessment procedures) and sanitary and phytosanitary measures.
  • Views on general rules of origin and/or advice on appropriate rules of origin for specific products or sectors.
  • Advice on “trade facilitation” issues (e.g. significant impediments related to import procedures).
  • Advice, views and experiences with customs procedures and with commercial goods entering and/or leaving Morocco.
  • Advice, views and experiences regarding investment barriers faced by Canadian investors in Morocco, including restrictions imposed on foreign ownership or entry to market, questions of transparency of regulation, performance requirements (i.e. local content requirements, use of local labour and services, etc.), and any other impediments/barriers.
  • Advice and views on government procurement markets of interest to Canadian suppliers and exporters to Morocco, including the government departments, agencies or enterprises of interest and the goods, services or construction services that Canadian suppliers are interested in selling to those government organizations. Note that participation in government procurement may include bidding as the prime contractor or exporting goods and/or services to the prime contractor who in turn bids on government contracts.
  • Advice and views on priority government procurement markets for Canadian suppliers in Morocco, including the government entities or enterprises of interest to Canadian suppliers and the goods, services or construction services that Canadian suppliers are interested in selling to those government organizations.
  • Advice, views and experiences regarding barriers (e.g. availability and transparency of information, domestic preferences) when selling or attempting to sell to governments in Morocco.
  • Views and experiences with the protection of intellectual property rights.
  • Advice and views on competition policy matters, including development of possible cooperation mechanisms.
  • Views on ways to reflect the interests and values of Canadians in the area of sustainable development, environmental protection and conservation.
  • Views on ways to reflect the interests and values of Canadians in the areas of workers’ rights, human rights, transparency in business and commercial practices and other social concerns, as they relate to Morocco.
  • Advice and views on ways to enhance the bilateral economic relationship, such as cooperation on science and technology.
  • Views on other related issues not mentioned above.

All interested parties are invited to submit their views by November 2, 2009. Please be advised that any information received as a result of this consultation will be considered as public information, unless explicitly stated otherwise. Submissions should include

1. The contributor’s name and address and, if applicable, his/her organization, institution or business.

2. The specific issues being addressed.

3. Precise information on the rationale for the positions taken, including any significant impact it may have on Canada’s domestic or foreign interests.

Contributions can be sent by email to consultations@international.gc.ca, by fax at 613-944-3489 or by mail to Trade Negotiations Consultations (Morocco), Foreign Affairs and International Trade Canada, Regional Trade Policy Division (TBB), Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario K1A 0G2.

[41-1-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 lipase derived from various micro-organisms in the production of various food products, including bread and flour, at levels of use consistent with good manufacturing practices. The permitted sources of the lipase enzyme include the micro-organisms Aspergillus niger, Aspergillus oryzae, Mucor miehei, Penicillium camembertii, Rhizopus niveus and Rhizopus oryzae.

Health Canada has received a submission to permit the use of the phospholipase A2 enzyme derived from a genetically modified Aspergillus niger strain, Aspergillus niger (PLA-54), that carries the gene from a porcine pancreas coding for this enzyme. Phospholipase enzymes are classified under the broad class of lipase enzymes. This phospholipase A2 enzyme will be used in the production of bread, flour, whole wheat flour, unstandardized bakery products, unstandardized whole egg, unstandardized egg yolk and modified lecithin, at levels consistent with good manufacturing practice. Evaluation of the available data supports the safety and effectiveness of this phospholipase A2 derived from the genetically modified Aspergillus niger (PLA-54).

The use of this phospholipase A2 derived from this micro-organism will benefit the consumer by increasing the availability of quality food products. It will also benefit industry through more efficient and improved manufacturing conditions.

Therefore, it is the intention of Health Canada to recommend that the Food and Drug Regulations be amended to permit the use of this phospholipase A2 enzyme derived from Aspergillus niger (PLA-54) in the production of bread, flour, whole wheat flour, unstandardized bakery products, unstandardized whole egg, unstandardized egg yolk and modified lecithin, 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 phospholipase A2 enzyme, as indicated above, while the regulatory process is undertaken to amend the Regulations. The standardized foods described above are exempted from the application of sections 6 and 6.1 of the Food and Drugs Act, paragraphs B.01.042(a) and (c) and B.13.021(h), subparagraphs B.13.001(e)(iii) and B.13.005(d)(iii) 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 phospholipase A2 enzyme derived from Aspergillus niger (PLA-54). 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).

September 29, 2009

MEENA BALLANTYNE
Assistant Deputy Minister
Health Products and Food Branch

[41-1-o]

Footnote a
S.C. 1999, c. 33

Footnote b
SOR/94-311

Footnote 1
Supplement, Canada Gazette, Part I, January 31, 1998