Vol. 144, No. 6 — February 6, 2010

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 15205

Whereas the Minister of the Environment and the Minister of Health have assessed information pertaining to the substance 1,3-Propanediol, 2-methyl-, reaction products with alkylmercaptans;

And whereas the Ministers suspect that the substance is toxic,

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

The person who complies with subsection 81(1) of the Canadian Environmental Protection Act, 1999, (the Notifier hereafter) may manufacture or import the substance if that person also complies with the following conditions:

Restriction

1. The Notifier may import the substance in order to use it only as a binding agent in the manufacture of tires or other moulded rubber products.

2. The Notifier may manufacture the substance if, at least 120 days prior to the beginning of the manufacturing, the Notifier informs the Minister of the Environment, in writing, and provides the Minister with the following information:

1. (a) the information specified in Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
2. (b) the information specified in item 8 of Schedule 5 to those Regulations;
3. (c) the information specified in item 11 of Schedule 6 to those Regulations; and
4. (d) the following information related to the manufacturing and processing of the substance in Canada:
   
   
   1. (i) a brief description of the manufacturing process that details precursors of the substance, reaction stoichiometry, and the nature (batch or continuous) and scale of the process,
   2. (ii) a characterization of the reaction products,
   3. (iii) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers, and
   4. (iv) a brief description of the major steps in manufacturing operations, the chemical conversions, the points of entry of all feedstock, the points of release of substances, and the processes to eliminate environmental releases.

Application

3. Items 4 to 6 do not apply if the substance is already blended with Carbon black when imported.

Disposal Restrictions for Returnable Vessels

4. Prior to returning returnable vessels that contained the substance to the supplier, the Notifier shall follow the following procedures:

1. (a) all vessels shall be sealed to prevent the release of the substance; or
2. (b) all residual substance shall be removed from the vessels.

Disposal Restrictions for Non-returnable Vessels

5. When disposing of, destroying or reusing non-returnable vessels that contained the substance, the Notifier shall follow the following procedures:

1. (a) all vessels shall be sealed prior to being destroyed or disposed of in accordance with subitem 6(1); or
2. (b) all residual substance shall be removed from the vessels before they are disposed of, destroyed or reused.

Disposal Restriction of the Substance

6. (1) The Notifier must destroy or dispose of the vessels, the substance or any waste containing the substance, by

1. (a) incineration in accordance with the laws of the jurisdiction where the disposal facility is located; or
2. (b) deposit in a secure landfill in accordance with the laws of the jurisdiction where the landfill is located, if the vessels, the substance or the waste containing the substance cannot be destroyed in accordance with paragraph (a).

(2) For the purpose of subitem (1), “waste” includes wastes resulting from the rinsing of vessels that contained the substance, process effluents, and any residual amounts of the substance, including any residue removed in application of paragraph 4(b) or 5(b).

Environmental Release

7. Where any release of the substance to the environment occurs, the Notifier shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of the substance. Furthermore, the Notifier shall inform the Minister of the Environment immediately by contacting an enforcement officer, designated under the Canadian Environmental Protection Act, 1999, of the Environment Canada Regional Office that is closest to where the release occurred.

Record-keeping Requirements

8. (1) The Notifier shall maintain electronic or paper records with any documentation supporting the validity of the information contained in these records, indicating

1. (a) the quantity of the substance that the Notifier manufactures, imports, purchases, sells and uses;
2. (b) the name and address of each person obtaining the substance from the Notifier; and
3. (c) the name and address of the person in Canada who has disposed of the substance or of the waste containing the substance for the Notifier, the method used to do so, and the quantities of the substance or waste shipped to that person.

(2) The Notifier shall maintain electronic or paper records mentioned in subitem (1) at the Notifier’s principal place of business in Canada for a period of at least five years after they are made.

Other Requirements

9. The Notifier shall inform all persons who obtain the substance from the Notifier, in writing, of the terms of the present ministerial conditions. The Notifier shall obtain, prior to any transfer of the substance, written confirmation from these persons that they will use the substance only as a binding agent in the manufacture of tires and other moulded rubbers, and comply with the terms of the present ministerial conditions as if they had been imposed on them. These records shall be maintained at the Notifier’s principal place of business in Canada for a period of at least five years after they are made.

Coming into Force

10. This Ministerial Condition comes into force on December 22, 2009.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of report on response to comments received on the proposed Canada-Quebec Agreement (pulp and paper and metal mining sectors)

Whereas on June 13, 2009, the Minister of the Environment published in Part I of the Canada Gazette, pursuant to subsection 9(2) of the Canadian Environmental Protection Act, 1999, the proposed Administrative Agreement Between the Government of Quebec and the Government of Canada Regarding the Implementation in Quebec of the Federal Regulations Pertaining to the Pulp and Paper and Metal Mining Sectors,

Whereas the Minister of the Environment has received comments with respect thereto,

Now therefore, pursuant to subsection 9(4) of the Act, the Minister of the Environment hereby publishes the attached report that summarizes how the comments were dealt with.

JIM PRENTICE
Minister of the Environment

Response to Comments Received on the Proposed Administrative Agreement Between the Government of Quebec and the Government of Canada Regarding the Implementation in Quebec of the Federal Regulations Pertaining to the Pulp and Paper and Metal Mining Sectors

Introduction

In accordance with subsection 9(2) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Minister of the Environment published the proposed Administrative Agreement Between the Government of Quebec and the Government of Canada Regarding Implementation in Quebec of the Federal Regulations Pertaining to the Pulp and Paper and Metal Mining Sectors (Canada-Quebec Agreement). The proposed Canada-Quebec Agreement was published in the Canada Gazette, Part I, on June 13, 2009, for a 60-day comment period. It was developed by the Government of Quebec and Environment Canada.

In accordance with subsection 9(4) of CEPA 1999, this report summarizes how the comments received were dealt with. No notices of objection were received.

Response to comments

One submission was received from the Québec Forest Industry Council, the pulp and paper industry spokesperson. Its comments are summarized by the desire that the governments of Canada and Quebec enter into an equivalency agreement on the regulations applicable to the Quebec pulp and paper industry. Environment Canada’s response is that section 10 of CEPA 1999 entitles, within prescribed conditions, the conclusion of an equivalency agreement with a government which has jurisdiction under a given area. An equivalency agreement permits an exemption from application of federal regulations in an area where equivalent provisions exist. Therefore, the possibility of an equivalency agreement with the Quebec government exists for the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations and the Pulp and Paper Mill Defoamer and Wood Chip Regulations. However, the fact that these regulations apply to few plants in Quebec has not, until this time, justified entering into such an agreement.

The Pulp and Paper Effluent Regulations enacted under the Fisheries Act applies to pulp and paper mills in Quebec. An equivalency agreement for this regulation would permit a decrease in duplication of equivalent federal and provincial provisions, from which arises the resulting interest. However, the Fisheries Act does not provide authority for an equivalency agreement. With an amendment to the Fisheries Act, the federal and Quebec governments could assess this possibility.

Given the jurisdictional and circumstantial limitations mentioned above, the two governments consider that the draft agreement published in June 2009 is a continuation of the federal-provincial cooperation intended to minimize, to the extent possible, the administrative duplication arising from their respective regulations.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15796

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 Cyclopentane, 1,1,2,2,3,3,4-heptafluoro-, Chemical Abstracts Service Registry No. 15290-77-4;

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 Cyclopentane, 1,1,2,2,3,3,4-heptafluoro-, a significant new activity is the use of the substance in quantities greater than 1 000 kilograms per calendar year, other than as a component in a cleaning agent or solvent when they are used for cleaning electronic components in an industrial setting.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

1. (a) a description of the proposed significant new activity in relation to the substance;
2. (b) the information specified in Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);
3. (c) the information specified in items 8 and 10 of Schedule 5 to those Regulations;
4. (d) the pollution prevention measures proposed to prevent or reduce releases of the substance into the environment;
5. (e) where the substance is used by the person to replace one of the controlled substances listed in Schedule 2 of the Ozone-depleting Substances Regulations, 1998, for a specific use indicated in Part 2 of those Regulations, provide the specific substance name, the Chemical Abstracts Service Registry Number (if one has been assigned) and the molecular formula of the substance it replaces; and
6. (f) any other information or data in respect of this substance in the person’s possession or to which they have access, that is relevant in order to determine whether the substance is toxic or capable of becoming toxic.

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 or the Government of 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 INDUSTRY

INVESTMENT CANADA ACT

Amount for the year 2010

Pursuant to subsection 14.1(2) of the Investment Canada Act, I hereby determine that the amount for the year 2010, equal to or above which an investment is reviewable, is two hundred and ninety-nine million dollars.

TONY CLEMENT
Minister of Industry and
Minister Responsible for Investment Canada

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DEPARTMENT OF TRANSPORT

TRANSPORTATION OF DANGEROUS GOODS ACT, 1992

Vancouver 2010 Interim Order Respecting the Transportation of Dangerous Goods (Into, Through or Within Controlled Access Zones)

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