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Vol. 144, No. 19 — May 8, 2010

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. 4543-2-03507 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 or wood waste 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 June 19, 2010, to June 18, 2011.

 4. Loading site(s): Delta Cedar Products, 10104 River Road, Delta, British Columbia, bounded by 49°09.44′ N, 122°56.56′ W; 49°09.41′ N, 122°56.54′ W; 49°09.33′ N, 122°56.68′ W; and by 49°09.35′ N, 122°56.72′ W (NAD83), as described in the figure titled “Benthic sediment sampling in support of loading and ocean disposal” (January 2010), submitted in support of the permit application.

 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 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 hopper scow, towed scow or hopper dredge.

 8. Method of disposal: Disposal will be carried out by bottom dumping or end dumping.

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

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 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 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, c/o Mr. Sean Standing, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, 604-666-5928 (fax), sean.standing@ec.gc.ca (email), 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 Permittee shall submit a dredged material disposal plan to Mr. Sean Standing, identified in paragraph 13.2, for approval by Environment Canada prior to commencement of the first dredging operation authorized by this permit. The plan shall address procedures to accurately measure or estimate quantities of dredged material disposed of at the disposal site(s), vessel tracking, and a schedule for use of the disposal site. Modifications to the plan shall be made only with the written approval of Environment Canada.

14.2. The loading and disposal at sea referred to under this permit shall be carried out in accordance with the mitigation measures summarized in the report titled “Environmental Assessment Report — Loading and disposal at sea of material resulting from dredging at Delta Cedar in Delta, BC — 4543-2-03507” (April 2010).

DANIEL WOLFISH
Environmental Protection Operations Directorate
Pacific and Region
On behalf of the Minister of the Environment

[19-1-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. 4543-2-06624 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Northern Seafoods Ltd., Winterton, Newfoundland and Labrador.

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

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

 3. Duration of permit: Permit is valid from June 19, 2010, to June 18, 2011.

 4. Loading site(s): Conche, Newfoundland and Labrador, at approximately 50°53.10′ N, 55°53.70′ W (NAD83).

 5. Disposal site(s): Conche, within a 250 m radius of 50°51.60′ N, 55°57.90′ W (NAD83), at an approximate depth of 40 m.

 6. Method of loading:

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

6.2. 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.

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

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

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

 8. Method of disposal:

8.1. 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 200 tonnes.

10. Inspection:

10.1. 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. Contractors:

11.1. 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.

11.2. 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.

12. Reporting and notification:

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

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

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

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

[19-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Dental Amalgam Waste

Whereas, during the placement and removal of mercury-containing amalgam fillings, mercury can be released to the environment;

Whereas mercury is a substance specified on the List of Toxic Substances in Schedule 1 of the Act;

Whereas the Minister of the Environment published a Proposed Notice in the Canada Gazette, Part I, on April 18, 2009, on requiring the preparation and implementation of pollution prevention plans in respect of mercury releases from dental amalgam waste;

Whereas persons were given the opportunity to file comments with respect to the Proposed Notice for a comment period of 60 days; and

Whereas the Minister has considered all comments received,

Notice is hereby given that, under subsection 56(1) of the Act, the Minister of the Environment requires all persons or class of persons described in section 2 of this Notice to prepare and implement a pollution prevention plan in respect of mercury releases from dental amalgam waste.

JIM PRENTICE
Minister of the Environment

NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF MERCURY RELEASES FROM DENTAL AMALGAM WASTE

 1. Definitions

The definitions in this section apply to this Notice.

“Act” means the Canadian Environmental Protection Act, 1999 (CEPA 1999).

“Amalgam separator” means equipment tested and certified by the International Organization for Standardization (ISO) to meet the latest revised ISO 11143 standard in effect at the time of installation that has a 95% capture rate and is designed to remove waste amalgam contained in dental facility rinse or wastewater from chair-side water collection and other discharge systems.

“Best management practices” are actions, methods or procedures to help prevent or reduce to the lowest achievable levels the releases of mercury from dental amalgam waste into the environment. These practices include, but are not limited to, the actions described in subsection 4(2) of this Notice.

“Dental amalgam” means a silver-coloured dental restorative material containing a combination of approximately equal amounts of elemental mercury and alloy powder, which contains other metals such as silver, tin, copper and zinc.

“Dental amalgam waste” is the waste generated by the removal of old fillings and shaping/polishing of new fillings.

“Dental facility” means any institution, facility, office, mobile unit or other location where the practice of dentistry is performed.

“Oral and maxillofacial radiology” means a branch and a specialty of dentistry concerned with the prescription, production and interpretation of diagnostic images for the diagnosis and management of diseases and disorders of the craniofacial complex.

“Oral and maxillofacial surgery” means a branch and a specialty of dentistry which is concerned with the diagnosis, surgical treatment and adjunctive treatment of disorders, diseases, injuries and defects involving both the functional and aesthetic aspects of the hard and soft tissues of the oral and maxillofacial regions and related structures.

“Oral medicine and pathology” means a branch and a specialty of dentistry concerned with the diagnosis, nature and primarily non-surgical management of oral, maxillofacial and temporomandibular diseases and disorders, including dental management of patients with medical complications. Oral medicine and oral pathology are two applied components of this specialty.

“Orthodontics and dentofacial orthopedics” means a branch and a specialty of dentistry concerned with the supervision, guidance and correction of the growing or mature dentofacial structures and the diagnosis, prevention and treatment of any abnormalities associated with these structures.

“Periodontics” means a branch and a specialty of dentistry concerned with the diagnosis, prevention, and treatment of diseases and conditions of the supporting and surrounding tissues of the teeth or their substitutes and the maintenance of the health, function and aesthetics of these structures and tissues.

“Plan” means a pollution prevention plan.

 2. Person or class of persons required to prepare and implement  a plan

(1) The Notice applies to any person or class of persons who operates a dental facility and/or owns the building where a dental facility is located where, at any time, the following activities are performed by licensed dentists for tooth restoration:

(a) insertion and/or repair of dental amalgam; or

(b) alteration and/or removal of dental amalgam; or

(c) disposal of dental amalgam; or

(d) use, possession or disposal of elemental mercury.

(2) This Notice applies to any person or class of persons who is the successor or assign of the persons identified in subsection 2(1).

(3) The Notice does not apply to any person or class of persons who

(a) owns or operates a dental facility where the following specialties are exclusively practiced:

(i) Oral and maxillofacial radiology,

(ii) Oral and maxillofacial surgery,

(iii) Oral medicine and pathology,

(iv) Orthodontics and dentofacial orthopedics, and

(v) Periodontics; or

(b) has implemented all of the best management practices set out in Appendix A of this Notice, or in the “Memorandum of Understanding Respecting the Implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste” between the Canadian Dental Association and Environment Canada for the voluntary implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste.

 3. Activities in relation to which the plan is to be prepared

The Minister requires all persons or class of persons identified in section 2 of the Notice to prepare and implement a plan in relation to the activities set out in subsection 2(1).

 4. Factors to consider in preparing the plan

The Minister requires all persons or class of persons identified in section 2 of the Notice to consider the following factors when preparing their plan:

(1) Risk management objective for mercury releases from dental amalgam waste: contribute to a 95% national reduction in mercury releases to the environment from dental amalgam waste, from a base year of 2000. Mercury is a toxic substance on the List of Toxic Substances on Schedule 1 of the Act.

(2) The application at dental facilities of all of the best management practices regarding dental amalgam waste as described in Appendix A of this Notice: Best Management Practices for Dental Amalgam Waste in Canada, or in the “Memorandum of Understanding Respecting the Implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste” between the Canadian Dental Association and Environment Canada for the voluntary implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste.

(3) The provision of training and educational material by the owner or operator of the dental facility so that all dentists and facility staff practice handling, storage and disposal techniques in accordance with the best management practices as outlined in subsection 4(2) of this Notice.

(4) The use of pollution prevention planning as a means of addressing the release to the environment of toxic substances or other pollutants. In preparing a plan, a person subject to the Notice is to give priority to pollution prevention activities. “Pollution prevention,” as defined in section 3 of the Act, means “the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.”

(5) The evaluation, by the Minister, of the effectiveness of the Notice with respect to the risk management objective set out in subsection 4(1) of the Notice. This evaluation will determine whether other measures, including regulations, are needed to further prevent or reduce negative impacts on the environment and human health from mercury releases from dental amalgam waste.

 5. Period within which the plan is to be prepared

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than August 14, 2010.

(2) For a person or class of persons becoming subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than three months from becoming subject to the Notice.

 6. Period within which the plan is to be implemented

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than November 13, 2010.

(2) For a person or class of persons becoming subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than six months from becoming subject to the Notice.

 7. Content of plan

A person or class of persons identified in section 2 of the Notice is to determine the appropriate content of that person’s plan; however, the plan must meet all requirements of the Notice. The plan must also contain the information required to file the Declaration of Preparation referred to in section 9 of the Notice and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 10 of the Notice.

 8. Requirement to keep plan

Under section 59 of the Act, any person or class of person identified in section 2 of the Notice must keep a copy of the plan at the place in Canada in relation to which the plan is prepared.

 9. Declaration of Preparation

Under subsection 58(1) of the Act, any person or class of person identified in section 2 of the Notice must file, within 30 days after the end of the period for the preparation of the plan specified in section 5 or extended under section 13, a written “Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(1) of CEPA 1999)” to the Minister using the form that the Minister provides and that contains the information set out in Schedule 1 of the Notice.

10. Declaration of Implementation

Under subsection 58(2) of the Act, any person or class of persons identified in section 2 of the Notice must file within 30 days after the end of the period within which the plan is to be implemented as specified in section 6 or extended under section 13, a written “Declaration That a Pollution Prevention Plan Has Been Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(2) of CEPA 1999)” to the Minister, using the form that the Minister provides and that contains the information set out in Schedule 5 of the Notice.

11. Filing of amended declarations

Under subsection 58(3) of the Act, where a person or class of persons has filed a Declaration of Preparation or a Declaration of Implementation, referred to in sections 9 and 10 of the Notice, and the Declaration contains information that, at any time after the filing, has become false or misleading, that person or class of persons must file an amended Declaration to the Minister within 30 days after the time that the information becomes false or misleading, using the appropriate form referred to in section 9 or 10 of the Notice.

12. Use of a plan prepared or implemented for another purpose

Under subsection 57(1) of the Act, a person or class of persons may use a plan prepared or implemented for another purpose to satisfy the requirements of sections 2 to 8 of the Notice. Under subsection 57(2) of the Act, where a person or class of persons uses a plan that does not meet all the requirements of the Notice, the person or class of persons must either amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. A person or class of persons using an existing plan must still file the Declaration of Preparation referred to in section 9 of the Notice, the Declaration of Implementation referred to in section 10 of the Notice, and any amended Declarations referred to in section 11 of the Notice, where applicable.

13. Extension of time

Under subsection 56(3) of the Act, where the Minister is of the opinion that further time beyond the period referred to in section 5 is needed to prepare the plan, or that further time beyond the period referred to in section 6 is needed to implement the plan, the Minister may extend the period for a person or class of persons who submits a written “Request for Time Extension for Preparation or Implementation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(3) of CEPA 1999).” The written request must use the form that the Minister provides, contain the information set out in Schedule 3 of the Notice, and be made before the expiry of the date referred to in the applicable section 5 or section 6 of the Notice or before the expiry of any extended period.

14. Application for waiver of factors to consider

Under subsection 56(5) of the Act, the Minister may waive the requirement for a person or class of persons to consider a factor specified in section 4 where the Minister is of the opinion that it is neither reasonable nor practicable to consider a factor on the basis of reasons provided by that person or class of persons when submitting a written “Request for Waiver of the Requirement to Consider a Factor or Factors for Preparation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(5) of CEPA 1999).” The written request must be submitted through the form that the Minister provides and contain the information set out in Schedule 2 of the Notice. Such a request must be made before the expiry of the period within which the plan is to be prepared as referred to in section 5 of the Notice or before the expiry of any extended period.

15. More information on pollution prevention planning

Additional information and guidance on preparing plans may be obtained from

  • the pollution prevention section of Environment Canada’s Web site (www.ec.gc.ca/planp2-p2plan);
  • the Pollution Prevention Planning Web site (www.ec.gc.ca/cepap2);
  • the Canadian Pollution Prevention Information Clearinghouse (www.ec.gc.ca/cppic); and
  • the CEPA Environmental Registry (www.ec.gc.ca/CEPARegistry/plans/P2).

16. Reference Code: P2HGDA

For administrative purposes, all communication with Environment Canada concerning the Notice should refer to the reference code P2HGDA.

17. Forms

The Notice includes the following documents:

Appendix A: Best Management Practices for Dental Amalgam Waste in Canada

Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(1) of CEPA 1999)

Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors for Preparation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(5) of CEPA 1999)

Schedule 3: Request for Time Extension for Preparation or Implementation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(3) of CEPA 1999)

Schedule 4: N/A for this Notice

Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(2) of CEPA 1999)

18. Environment Canada contact information

For questions or comments about the Notice, please contact

Marie-Hélène Lacasse
Waste Reduction and Management Division
Environment Canada
351 Saint-Joseph Boulevard, 14th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-934-6059
Fax: 819-997-3068
Email: mercury@ec.gc.ca

For more information about pollution prevention planning, please contact

Regulatory Innovation and Management Systems
Environment Canada
351 Saint-Joseph Boulevard, 20th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-994-0186
Fax: 819-953-7970
Email: CEPAP2Plans@ec.gc.ca

APPENDIX A

Best Management Practices for Dental Amalgam Waste in Canada

Introduction

The aim of these best management practices (BMPs) is to reduce the amount of amalgam waste generated in dental offices (pollution prevention) and to ensure that the waste that is being produced is captured at its source and disposed of appropriately (pollution control).

Disposal and transportation of hazardous waste is regulated under federal, provincial and territorial laws and regulations, and municipal by-laws. Under the law, dentists are responsible for ensuring that they are in compliance with all laws, regulations and by-laws. Dentists have to be aware that local regulatory obligations may impose requirements that go beyond what is set herein.

Pollution prevention

In order to minimize the amount of amalgam waste requiring disposal, dentists should

  • purchase pre-capsulated amalgams to avoid using bulk liquid (elemental) mercury and stock amalgam materials in a good choice of capsule sizes in order to better select the right amount of material for a particular restoration;
  • avoid stockpiling excessive amounts of amalgam; and
  • stay abreast of advances in restorative materials and provide patients with complete information about the benefits and risks associated with the various restorative materials available.

Pollution control

(A) Elemental mercury

Best management practices

  • Store unused elemental mercury in a tightly sealed, break-resistant container.
  • Label the container “Mercury Waste: Elemental Mercury.”
  • Contact a carrier for recycling, or proper disposal, or your provincial or territorial environment agency. Please verify with your provincial/territorial/municipal authorities if a certified hazardous waste carrier is required under their legislation.

Other options

  • React unused elemental mercury with silver alloy to form amalgam.
  • Follow the BMPs for the disposal of non-contact amalgam waste.

Don’ts

  • Do not transport elemental mercury yourself.
  • Do not place elemental mercury in the garbage.
  • Do not wash elemental mercury down the drain.

(B) Non-contact amalgam waste

Non-contact amalgam waste is amalgam waste that has never been in a patient’s mouth. It is generally surplus amalgam left after a new restoration has been completed.

Best management practices

  • Separate non-contact unused amalgam waste from used amalgam waste.
  • Collect non-contact amalgam waste in a break/puncture-resistant, airtight container.
  • Label the container “Mercury Waste: Non-contact Amalgam.”
  • Once the container is full, contact a carrier for recycling, or proper disposal, or your provincial or territorial environment agency. Please verify with your provincial/territorial/ municipal authorities if a certified hazardous waste carrier is required under their legislation.

Don’ts

  • Do not throw amalgam into the garbage.
  • Do not wash amalgam particles down the drain.
  • Do not transport amalgam yourself.
  • Do not place non-contact amalgam waste in your sharps container.

(C) Contact amalgam waste

Contact amalgam waste is amalgam that has been in a patient’s mouth. If BMPs for non-contact amalgam waste are followed, it should be the only type of amalgam waste that is evacuated through the high-speed suction or the saliva ejector.

Best management practices

  • Install an International Organization for Standardization (ISO) certified amalgam separator (ISO 11143) or equivalent and maintain it according to the manufacturer’s instructions.
  • Use disposable traps and filters in your dental units. Using universal precautions (gloves, glasses and mask), remove the chair-side trap from your dental unit and place the entire trap into a break/puncture-resistant, airtight container labelled “Mercury Waste: Contact Amalgam.” Fasten the lid securely onto the container.
  • Using universal precautions (gloves, glasses and mask), remove the vacuum pump filter from your dental unit. Fasten the lid securely onto the filter. Label the filter “Mercury Waste: Contact Amalgam.”
  • Once traps and filters have accumulated, contact a carrier for recycling, or proper disposal, or your provincial or territorial environment agency. Please verify with your provincial/ territorial/municipal authorities if a certified hazardous waste carrier is required under their legislation.

Other options

  • Using universal precautions (gloves, glasses and mask), remove chair-side trap vacuum pump filter from the dental unit.
  • Remove all visible amalgam by tapping the trap and filter contents into a container labelled “Mercury Waste: Contact Amalgam.”
  • Close the lid tightly.
  • If the trap and filter are visibly clean, throw them into the regular garbage if they are disposable or insert them back into dental unit if reusable.
  • If the trap and filter are not visibly clean, they must be placed in a contact amalgam container for pick up by a carrier for recycling or proper disposal, or your provincial or territorial environment agency. Please verify with your provincial/ territorial/municipal authorities if a certified hazardous waste carrier is required under their legislation.

Don’ts

  • Do not place contact and non-contact amalgam in the same container.
  • Do not place contact amalgam waste in the same container as bio-medical wastes or sharps.
  • Do not rinse traps and filters in the sink.
  • Do not throw disposal traps that contain amalgam particles into the garbage.
  • Do not wipe traps/filters with paper towel or any other material, as this creates additional contaminated waste.

(D) Amalgam capsules

While it is not likely that all mercury is removed from amalgam capsules, provincial and territorial agencies agree that empty amalgam capsules are considered non-hazardous and can be thrown into the regular garbage.

NOTE: Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 18 of the Notice.

Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented in Respect of Mercury Releases from Dental Amalgam Waste
(Subsection 58(1) of CEPA 1999)

Notice Reference Code: P2HGDA

Please refer to “Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Dental Amalgam Waste” for guidance on how to complete this Declaration.

Is this an amendment to a Declaration previously submitted?

check box  Yes

check box  No

If yes, complete parts 1.0 and 9.0 and any other parts of this Declaration where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.

1.0  Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice:_________________________

Facility Name:____________________________________________________________

Street Address of Facility:___________________________________________________

City:________________________

Province/Territory:________________________

Postal Code:________________________

Telephone Number:________________________
(with area code)

Email (if available):________________________

If different than street address Mailing Address of Facility:

City:________________________

 Province/Territory:________________________

 Postal Code:________________________

National Pollutant Release Inventory ID (if no ID, leave blank):________________________

Six-digit North American Industry Classification System (NAICS) Code:________________________

Facility Technical Contact:________________________

Email (if available):________________________

Telephone Number:________________________
(with area code)

 Fax Number (if available):________________________
(with area code)

2.0  Use of Plans Prepared or Implemented for Another Purpose

Is the pollution prevention plan used to fulfill the obligations of the Notice

•  pollution prevention plan that was previously prepared on a voluntary basis?

check box  Yes

check box  No

•  pollution prevention plan that was previously prepared for another government or under another act of Parliament? 

check box  Yes

check box  No

 If yes, identify the other government requirement(s) or act(s) of Parliament.

3.0  Substance, Activity and/or Class of Person(s)

Identify whether the person or class of person subject to the Notice uses mercury for (check one or more)

check box dental amalgam insertion and/or repair (fill out parts 4.5.1 and 5.3.1)

check box dental amalgam alteration and/or removal (fill out parts 4.5.2 and 5.3.2)

check box dental amalgam disposal (fill out parts 4.5.3 and 5.3.3)

check box elemental mercury usage (fill out parts 4.5.4 and 5.3.4)

check box elemental mercury disposal (fill out parts 4.5.5 and 5.3.5)

4.0  Baseline Information Prior to Implementation of the Pollution Prevention Plan

4.1–4.4 No data are required

4.5 Additional baseline information

Indicate the year you became subject to this Notice (i.e. your baseline year): ___________________

4.5.1 Dental amalgam insertion and/or repair

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage dental amalgam waste from insertion and/or repair of dental amalgam fillings at your facility:

check box None

check box Purchase pre-capsulated amalgams

check box Stock amalgam materials in an appropriate capsule size

check box Continue to stay abreast of advances in restorative materials

check box Provide patients with information about the benefits and risks associated with the various restorative materials available

check box Other: __________________________________

Non-contact amalgam waste:

check box None

check box Separate non-contact unused amalgam waste from used amalgam waste

check box Collect non-contact amalgam waste in a break-resistant, airtight container

check box Label the container “Mercury Waste: Non-contact Amalgam”

check box Contact a carrier for recycling or proper disposal

check box Other: __________________________________

Contact amalgam waste:

check box None

check box Install an ISO-certified amalgam separator or equivalent

check box Maintain the ISO-certified amalgam separator or equivalent according to the manufacturer’s instructions

check box Connect the ISO-certified amalgam separator to chair-side water collection units, and all drains and sinks

check box Flush the vacuum system with disinfecting line solution that does not contain bleach or chlorine

check box Use disposable traps and filters in dental units

check box Place the removed chair-side trap from dental unit into a break-resistant, airtight container labelled “Mercury Waste: Contact Amalgam”

check box Place the removed vacuum pump filter from dental unit, fasten lid onto the filter, label it and collect filter in secondary container as provided by the supplier

check box Other: __________________________________

4.5.2 Dental amalgam alteration and/or removal

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage dental amalgam waste from alteration and/or removal of dental amalgam fillings at your facility:

check box None

check box Place extracted teeth with amalgam restorations in a container labelled according to specifications of your carrier

check box Other: __________________________________

4.5.3 Dental amalgam disposal

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage the disposal of dental amalgam waste at your facility:

check box None

check box Use a carrier to send contact amalgam waste and extracted teeth for recycling or proper disposal

check box Use carrier to send non-contact amalgam waste for recycling or proper disposal

check box Other: __________________________________

4.5.4 Elemental mercury usage

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage the usage of elemental mercury at your facility:

check box None

check box React unused elemental mercury with silver alloy to form amalgam

check box Label the container “Mercury Waste: Elemental Mercury”

check box Store unused elemental mercury in a sealed, break-resistant container

check box Other: __________________________________

4.5.5 Elemental mercury disposal

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage the disposal of elemental mercury at your facility:

check box None

check box Use a carrier to send elemental mercury waste for proper disposal or recycling

check box Other: __________________________________

5.0 Anticipated Actions and Results

5.1-5.2 No data are required for parts 5.1-5.2 of this Declaration

5.3 Detailed anticipated actions and results information

5.3.1 Dental amalgam insertion and/or repair

Identify the actions you plan to implement based on your pollution prevention plan to manage dental amalgam waste from insertion and/or repair of dental amalgam fillings at your facility:

check box Purchase pre-capsulated amalgams

check box Stock amalgam materials in an appropriate capsule size

check box Continue to stay abreast of advances in restorative materials

check box Provide patients with information about the benefits and risks  associated with the various restorative materials available

check box Other: __________________________________

Non-contact amalgam waste:

check box Separate non-contact unused amalgam waste from used  amalgam waste

check box Collect non-contact amalgam waste in a break-resistant,  airtight container

check box Label the container “Mercury Waste: Non-contact Amalgam”

check box Contact a carrier for recycling or proper disposal

check box Other: __________________________________

Contact amalgam waste:

check box Install an ISO-certified amalgam separator or equivalent

check box Maintain the ISO-certified amalgam separator or equivalent  according to the manufacturer’s instructions

check box Connect the ISO-certified amalgam separator to chair-side  water collection units, and all drains and sinks

check box Flush the vacuum system with disinfecting line solution that  does not contain bleach or chlorine

check box Use disposable traps and filters in dental units

check box Place the removed chair-side trap from dental unit into a  break-resistant, airtight container labelled “Mercury Waste:  Contact Amalgam”

check box Place the removed vacuum pump filter from dental unit, fasten  lid onto the filter, label it and collect filter in secondary container as provided by the supplier

check box Use a carrier to send waste traps and filters for recycling or  proper disposal

check box Other: __________________________________

5.3.2 Dental amalgam alteration and/or removal

Identify the actions you plan to implement based on your pollution prevention plan to manage dental amalgam waste from alteration and/or removal of dental amalgam fillings at your facility:

check box Place extracted teeth with amalgam restorations in a container  labelled according to specifications of your carrier

check box Other: __________________________________

5.3.3 Dental amalgam disposal

Identify the actions you plan to implement based on your pollution prevention plan to manage the disposal of dental amalgam waste at your facility:

check box Use a carrier to send contact amalgam and extracted teeth  waste for recycling or proper disposal

check box Use a carrier to send non-contact amalgam waste for recycling  or proper disposal

check box Other: __________________________________

5.3.4 Elemental mercury usage

Identify the actions you plan to implement based on your pollution prevention plan to manage the usage of elemental mercury at your facility:

check box React unused elemental mercury with silver alloy to form  amalgam

check box Label the container “Mercury Waste: Elemental Mercury”

check box Store unused elemental mercury in a sealed, break-resistant  container

check box Other: __________________________________

5.3.5 Elemental mercury disposal

Identify the actions you plan to implement based on your pollution prevention plan to manage the disposal of elemental mercury at your facility:

check box Use a carrier to send elemental mercury waste for proper  disposal or recycling

check box Other: __________________________________

6.0  Monitoring and Reporting

Describe the anticipated monitoring and reporting that will be used to track progress in implementing the pollution prevention plan.

7.0  Risk Management Objective

Describe how the elements of the pollution prevention plan outlined in this Declaration will meet the risk management objective identified in subsection 4(1) of the Notice. If this plan will not meet the risk management objectives, explain why.

8.0  Factors to Consider

Describe what was done by the person or class of persons subject to the Notice to take into account the “factors to be considered” in subsections 4(1), 4(2), 4(3), and 4(4) of the Notice, except those factors for which a waiver has been granted by the Minister of the Environment.

9.0  Certification

I hereby certify that a pollution prevention plan has been prepared and is being implemented in respect of mercury releases from dental amalgam waste and that the information provided in this Declaration is true, accurate and complete.

____________________________________________
Signature of the Person(s) Subject to the Notice or
Duly Authorized Representative

____________________________________________
Date

Name:_______________________________________
Please Print

Title/Position:_________________________________
Please Print

 

NOTE: Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 18 of the Notice.

Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors for Preparation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(5) of CEPA 1999)

 

Notice Reference Code: P2HGDA

Please refer to “Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Dental Amalgam Waste” for guidance on how to complete this Request.

1.0  Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice:________________________

Facility Name:________________________

Street Address of Facility:________________________

City:________________________

Province/Territory:________________________

Postal Code:________________________

Telephone Number (with area code):________________________

Email (if available):________________________

If different from street address Mailing Address of Facility:

City:________________________

Province/Territory:________________________

Postal Code:________________________

National Pollutant Release Inventory ID (if no ID, leave blank):________________________

Six-digit North American Industry Classification System (NAICS) Code:________________________

Facility Technical Contact :________________________

Email (if available):________________________

Telephone Number:________________________
(with area code)

 Fax Number (if available):________________________
(with area code)

2.0  Factor(s) for Which a Waiver is Requested

Identify exactly for which factor(s) listed in the Notice a waiver is requested (provide a section number if possible).
__________________________________________________________________________

3.0  Rationale for Request

Explain why it would not be reasonable or practicable to consider each factor for which a waiver is requested.
__________________________________________________________________________

Explain how the outcome of the pollution prevention plan will be affected if this “factor to consider” is not taken into account.

__________________________________________________________________________

4.0  Certification

I hereby certify that the information provided in this Request is true, accurate and complete.

_________________________________________
Signature of the Person(s) Subject to the Notice
or Duly Authorized Representative

________________________________________
Date

Name:___________________________________
Please Print

Title/Position:_____________________________
Please Print

 

NOTE:Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 18 of the Notice.

Schedule 3: Request for Time Extension for Preparation or Implementation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(3) of CEPA 1999)

Notice Reference Code: P2HGDA

Please refer to “Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Dental Amalgam Waste” for guidance on how to complete this Request.

1.0  Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice:_____________________________

Facility Name:_____________________________

Street Address of Facility:_____________________________

City:_____________________________

Province/Territory:_____________________________

Postal Code:_____________________________

Telephone Number (with area code):_____________________________

Email (if available):_____________________________

If different from street address Mailing Address of Facility:_____________________________

City:_____________________________

Province/Territory:_____________________________

Postal Code:_____________________________

National Pollutant Release Inventory ID (if no ID, leave blank):_____________________________

Six-digit North American Industry Classification System (NAICS) Code:_____________________________

Facility Technical Contact:_____________________________

Email (if available):_____________________________

Telephone Number:_____________________________
(with area code)

Fax Number (if available) :_____________________________ 
(with area code)

2.0  Request for Time Extension

Identify for which of the following a time extension is requested (choose one):

check box To prepare a pollution prevention plan

check box To implement a pollution prevention plan

For the person(s) identified in Part 1.0, it is requested that the date be extended to: _______________________________
(specify exact date — month/day/year)

3.0  Rationale for Request

Explain why further time is necessary to prepare or implement a pollution prevention plan.
_________________________________________________________________________

4.0  Certification

I hereby certify that the information provided in this Request is true, accurate and complete.
_________________________________________________________________________

______________________________________
Signature of the Person(s) Subject to the Notice
or Duly Authorized Representative

______________________________________
Date

Name:_________________________________
Please Print

Title/Position:___________________________
Please Print

NOTE:  Do not fill out this form. Please contact Environment Canada for more information about electronic reporting. Contact information is provided in section 18 of the Notice.

Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(2) of CEPA 1999)

Notice Reference Code: P2HGDA

Please refer to “Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Mercury Releases from Dental Amalgam Waste” for guidance on how to complete this Declaration.

Is this an amendment to a Declaration previously submitted? check box Yes check box No

If yes, complete parts 1.0 and 9.0 and any other parts of this Declaration where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.

1.0  Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice:_____________________________

Facility Name:_________________________________

Street Address of Facility:_________________________________

City:_________________________________

Province/Territory:_________________________________

Postal Code:_________________________________

Telephone Number:_________________________________
(with area code)

Email (if available):_________________________________

If different than street address
Mailing Address of Facility:_________________________________

City:_________________________________

Province/Territory:_________________________________

Postal Code:_________________________________

National Pollutant Release Inventory ID (if no ID, leave blank):_________________________________

Six-digit North American Industry Classification System (NAICS) Code:_________________________________

Facility Technical Contact:_________________________________

Email (if available):_________________________________

Telephone Number:_________________________________
(with area code)

 Fax Number (if available):_________________________________
(with area code)

2.0  No data are required for part 2.0 of this Declaration

3.0  Substance, Activity and/or Class of Person(s)

Identify whether the person or class of persons subject to the Notice uses mercury for (check one or more)

check box dental amalgam insertion and/or repair (fill out part 5.3.1)

check box dental amalgam alteration and/or removal (fill out part 5.3.2)

check box dental amalgam disposal (fill out part 5.3.3)

check box elemental mercury usage (fill out part 5.3.4)

check box elemental mercury disposal (fill out part 5.3.5)

4.0  No data are required for part 4.0 of this Declaration

5.0  Action(s) Taken and Results Achieved

5.1-5.2  No data are required for parts 5.1-5.2 of this Declaration

5.3  Detailed results achieved information

5.3.1  Dental amalgam insertion and/or repair

Identify the actions you implemented based on your pollution prevention plan to manage dental amalgam waste from insertion and/or repair of dental amalgam fillings at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

check box Purchase pre-capsulated amalgams

check box Stock amalgam materials in an appropriate capsule size

check box Continue to stay abreast of advances in restorative materials

check box Provide patients with information about the benefits and risks associated with the various restorative materials available

check box Other: __________________________________

Non-contact amalgam waste:

check box Separate non-contact unused amalgam waste from used amalgam waste

check box Collect non-contact amalgam waste in a break-resistant, airtight container

check box Label the container “Mercury Waste: Non-contact Amalgam”

check box Contact a carrier for recycling or proper disposal

check box Other: __________________________________

Contact amalgam waste:

check box Install an ISO-certified amalgam separator or equivalent

check box Maintain the ISO-certified amalgam separator or equivalent according to the manufacturer’s instructions

check box Connect the ISO-certified amalgam separator to chair-side water collection units, and all drains and sinks

check box Flush the vacuum system with disinfecting line solution that does not contain bleach or chlorine

check box Use disposable traps and filters in dental units

check box Place the removed chair-side trap from dental unit into a break-resistant, airtight container labelled “Mercury Waste: Contact Amalgam”

check box Place the removed vacuum pump filter from dental unit, fasten lid onto the filter, label it and collect filter in secondary container as provided by the supplier

check box Use a carrier to send waste traps and filters for recycling or proper disposal

check box Other: __________________________________

5.3.2  Dental amalgam alteration and/or removal

Identify the actions you implemented based on your pollution prevention plan to manage dental amalgam waste from alteration and/or removal of dental amalgam fillings at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

check box Place extracted teeth with amalgam restorations in a container labelled according to specifications of your carrier

check box Other: __________________________________

5.3.3  Dental amalgam disposal

Identify the actions you implemented based on your pollution prevention plan to manage the disposal of dental amalgam waste at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

check box Use a carrier to send contact amalgam and extracted teeth waste for recycling or proper disposal

check box Use a carrier to send non-contact amalgam waste for recycling or proper disposal

check box Other: __________________________________

5.3.4  Elemental mercury usage

Identify the actions you implemented based on your pollution prevention plan to manage the usage of elemental mercury at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

check box React unused elemental mercury with silver alloy to form amalgam

check box Label the container “Mercury Waste: Elemental Mercury”

check box Store unused elemental mercury in a sealed, break-resistant container

check box Other: __________________________________

5.3.5  Elemental mercury disposal

Identify the actions you implemented based on your pollution prevention plan to manage the disposal of elemental mercury at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

check box Use a carrier to send elemental mercury waste for proper disposal or recycling

check box Other: __________________________________

6.0  Monitoring and Reporting

Describe the monitoring and reporting used to track progress in implementing the pollution prevention plan.
_________________________________________________________________________

7.0  Risk Management Objective

Describe how the elements of the pollution prevention plan outlined in this Declaration have met the risk management objective identified in subsection 4(1) of the Notice. If this plan has not met the risk management objectives, explain why.
_________________________________________________________________________

8.0  Factors to Consider

Describe any progress made towards taking into account the “factors to consider” found in subsections 4(1), 4(2), 4(3), and 4(4) of the Notice, or describe any additional details or changes in how these factors were taken into account.
_________________________________________________________________________

9.0  Certification

I hereby certify that a pollution prevention plan has been implemented in respect of mercury releases from dental amalgam waste and that the information provided in this Declaration is true, accurate and complete.
_________________________________________________________________________


_________________________________________
Signature of the Person(s) Subject to the Notice or
Duly Authorized Representative

_________________________________________
Date

Name:____________________________________
Please Print

Title/Position:______________________________
Please Print

[19-1-o]

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Human health risk assessment document for inhaled manganese

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the publication of a science assessment document entitled Human Health Risk Assessment for Inhaled Manganese. This document provides a detailed technical review of the science of the health effects of manganese, and includes a health-based reference concentration for manganese in air of 0.05 μg/m3. This value represents the concentration to which the general population, including sensitive subgroups, can be exposed for a lifetime without appreciable harm.

The full risk assessment document is available upon request from the following Web site: www.hc-sc.gc.ca/ewh-semt/air/index-eng.php.

April 22, 2010

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

ANNEX

HUMAN HEALTH RISK ASSESSMENT FOR INHALED MANGANESE

DOCUMENT SUMMARY

Introduction

Manganese (CAS 7439-96-5) is a metal that is found naturally in air, water, soil and in living systems. Biologically, manganese (Mn) is an essential mineral and is required for the functioning of a number of enzyme families. In addition to its essential role within the body, manganese is a well-documented toxicant in humans at sufficiently high levels of exposure. Although manganese can be toxic to a number of organ systems, including the reproductive and respiratory systems, the critical target organ is the central nervous system (CNS), where manganese accumulates within the basal ganglia of the brain. Very high levels of exposure can result in a clinical and severely debilitating neurological disease known as manganism. More moderate levels of exposure can result in worsening of subclinical neurological function, including fine motor control, tremor, memory and cognitive ability, consistent with damage to the basal ganglia.

Review of the science

Ingested manganese is subject to homeostatic controls, both at the point of absorption from the gastrointestinal tract as well as via biliary excretion (ingested manganese passes through the liver prior to entering systemic circulation). Only a small percentage of an oral dose of manganese enters systemic circulation. Conversely, inhaled manganese enters systemic circulation directly, making the manganese available for distribution to and accumulation in the body’s tissues, including the brain. Manganese delivery to the brain can occur across the blood-brain barrier, through the choroid plexus and via direct olfactory transport. In the case of the latter, inhaled manganese deposited on the olfactory epithelium can be transported directly along the olfactory system to the olfactory bulb within the brain, providing a direct interface between the nervous system and the external environment.

Toxicological studies of manganese have used animal models to investigate the neuropathological, behavioural, developmental, and genotoxic effects of exposure to this metal. These studies have also examined how factors such as chemical form and valence affect toxicity, and how age, gender, diet and disease affect susceptibility. In general, the majority of toxicology studies have been performed with rodents using high exposure doses and small treatment groups. Some studies have used nonhuman primates, and an increasing amount of mechanistic in vitro work has been carried out with neural cell lines. The principal behavioural effect reported in manganese-exposed rodents is transient modification of spontaneous motor activity. Studies with nonhuman primates, though fewer, provide more detailed behavioural analyses, with symptoms of manganese intoxication often resembling those reported in humans. Hyperactivity is reported as a common early symptom, progressing to abnormal movements, muscular rigidity and limb flexion.

Based on data from toxicology studies with non-human primates and rodents, it can be hypothesized that a number of interrelated processes are set in motion as manganese intoxication progresses: (i) cellular energy supplies are depleted by mitochondrial disruption and interference with oxidative phosphorylation and the citric acid cycle; (ii) oxidative stress is induced by interference with cellular respiration, the oxidation of dopamine, and/or reduced antioxidant function; (iii) cellular iron and calcium homeostasis are disrupted; (iv) impaired astrocyte function leads to increased extracellular glutamate concentration and potential excitotoxicity; and (v) apoptosis and/or necrosis is triggered in active neurons leading to cell death. The end result of these toxic processes is cytotoxicity and selective neurodegeneration in regions of the brain that accumulate manganese, in turn leading to an alteration in CNS neurotransmission that gives rise to the behavioural effects associated with manganese intoxication.

The effects of manganese exposure on human health have been investigated in a large number of epidemiological studies. These have primarily evaluated the impact of manganese exposure on subclinical neurofunctional outcomes such as fine motor control, tremor, memory and aspects of cognitive ability. Of the many endpoints examined, measures of fine motor control, particularly of the fingers, hands and wrists, as well as tremor, have been most consistently affected by manganese exposure. Although most studies have made use of occupationally exposed populations, studies in the general population have shown an association between blood manganese levels and neurofunction in adults and children, as well as an elevated prevalence of parkinsonian symptoms in populations living in the vicinity of a large manganese industry.

Results from a population-based study of personal exposure in Toronto (1996) revealed that about 10% of adults had personal exposures greater than 0.05 μg Mn/m3 in PM10 and greater than 0.014 μg Mn/m3 in PM2.5 (PMx refers to particulate matter with a mass mean aerodynamic diameter of x microns.) Between 2003 and 2005, annual average ambient manganese levels in Canadian cities without major manganese-emitting industries ranged from 0.003–0.025 μg/m3 in PM10 and from 0.002–0.014 in PM2.5. In some areas of cities with major manganese-emitting industries such as Hamilton and Sault Ste. Marie, the annual average level of PM10 manganese in air (2003–2005) has ranged from 0.06–0.22 μg/m3 in PM10. There is only limited information on personal exposure to manganese in locations with large manganese-emitters.

Derivation of a reference concentration for inhaled manganese

A study of Italian ferroalloy workers (Lucchini et al., 1999) was identified as the critical study for a quantitative risk assessment of the neurotoxic effects of manganese and the derivation of a new reference concentration for manganese. This dataset includes exposure variables, neurofunctional outcome variables, serum prolactin, and confounder variables. Dose-response assessment was carried out with benchmark concentration analysis methodology. Two exposure metrics were used: (1) work history average respirable manganese (ARE); and (2) average respirable manganese over the 5 years prior to testing (ARE5). The ARE5 was investigated based on biological evidence of the clearance of manganese from the brain over months to several years. The analysis revealed 3 significant dose-response models for ARE (3 tests of fine motor control) and 10 significant dose-response models for ARE5, including 6 tests of fine motor control, 2 aspects of memory tests, one test of mental arithmetic and serum prolactin.

Results from the benchmark concentration analysis were used in the derivation of the new reference concentration for inhaled manganese. Benchmark concentration analysis results were adjusted to account for conversion from an occupational exposure regime (5/7 days per week and 8/24 hours per day) to constant exposure as experienced by the general population. One uncertainty factor of 10 was applied to the benchmark concentration analysis results to account for interindividual variability in response to manganese. Specifically, evidence regarding the possible enhanced susceptibility of the elderly, infants and children, individuals with asymptomatic pre-parkinsonism, individuals with chronic liver disease or on parenteral nutrition, females and individuals with iron deficiency was considered. A second uncertainty factor of 10 was applied to account for the following limitations in the database: (a) the general population may be exposed to more soluble forms of manganese, which can enhance delivery of manganese to the brain; (b) the lack of extensive studies of the effect of prenatal exposure to manganese; and (c) the impact of manganese exposure on serum prolactin. Results from the dose-response models with ARE5, a more sensitive measure of the critical manganese exposure affecting the health outcomes, yield reference concentrations of 0.05–0.08 μg/m3.

This review and analysis concludes that the new Health Canada reference concentration for inhaled manganese is 0.05 μg/m3 in PM3.5. This value reflects the concentration to which the general population, including sensitive subgroups, can be exposed for a lifetime without appreciable harm.

References

Lucchini, R., P. Apostoli, C. Perrone, D. Placidi, E. Albini, P. Migliorati, D. Mergler, M. P. Sassine, S. Palmi, and L. Alessio. 1999. Long-term exposure to “low levels” of manganese oxides and neurofunctional changes in ferroalloy workers. Neurotoxicology 20, No. 2–3: 287–97.

[19-1-o]

DEPARTMENT OF INDUSTRY

USER FEES ACT

Notice of fee proposal for services under the new Canada Not-for-Profit Corporations Act

Purpose

This official notice of fee proposal is one of the steps required by the User Fees Act in order to set fees for services under the new Canada Not-for-Profit Corporations Act. Interested persons have 20 days following the publication of this notice in the Canada Gazette, Part I, to make an official complaint regarding the proposed fees and service standards.

Background

The Canada Not-for-Profit Corporations Act (NFP Act) received Royal Assent on June 23, 2009. This Act will replace the Canada Corporations Act and provides a modern corporate governance regime for federal not-for-profit corporations. Before the NFP Act can come into force, the fees have to be first established in accordance with the process set out in the User Fees Act after which the regulations must then be approved by the Governor-in-Council.

Consultations on the proposed fees were held from January 4 to February 5, 2010. Two comments were received. The first one stated that the proposed fees, costing methodology and service standards were fair and reasonable. The second one also supported the fee proposal and service standards.

Proposed fees and service standards

The fees below are proposed for the services under the new Canada Not-for-Profit Corporations Act.

Receipt, Acceptance, Examination, Issuance or Copying of any Document and Other Actions under the Canada Not-for-Profit Corporations Act

Fee

Service Standards

Application sent to the Director for the following documents:

   

(a) a certificate of incorporation under section 9:

   

(i) if the application is made using Industry Canada’s online incorporation feature (when available)

$200

24 hours

(ii) if the application is made using any other means

$250

5 business days

(b) a certificate of amendment under section 201 or subsection 215(5)

$200

5 business days

(c) a restated certificate of incorporation under subsection 203(3) [unless issued with a certificate of amendment]

$50

5 business days

(d) a certificate of amalgamation under subsection 208(4)

$200

5 business days

(e) a certificate of continuance under subsection 211(5) [unless subsection 212(6) applies]

$200

5 business days

(f) a document evidencing satisfaction of the Director, as required under subsection 213(1)

$200

5 business days

(g) a certificate of arrangement under subsection 216(6)

$200

5 business days

(h) a certificate of revival under subsection 219(3)

$200

5 business days

(i) a certificate of revocation of intent to dissolve under subsection 221(11)

$50

5 business days

(j) a corrected certificate under section 288

$200

20 business days

Application sent to the Director for issuance of a certificate of compliance under subsection 290(1)

$10

1 business day

Application sent to the Director for issuance of a certificate of existence under section 290

$10

1 business day

Receipt of an annual return sent to the Director under section 278:

   

(a) if the annual report is filed using Industry Canada’s online incorporation feature (when available)

$20

N/A

(b) if the annual return is filed using any other means

$40

N/A

Application for exemption sent to the Director under subsection 2(6), 25(1), 25(2), 104(3) or 171(2), or section 173 or 271

$250

30 days

Provision by the Director of copies of documents under subsection 279(2)

$1 per page

1 business day or 6 business days for inactive corporations

Provision by the Director of certified copies of documents under subsection 279(2), per document

$35

1 business day or 6 business days for inactive corporations

Notes:

1. No fee will be charged for an application for a certificate of amendment if the only purpose of the amendment is to add an English or French version to the corporation’s name, or to replace a corporate name that the Director has directed to be changed under subsection 13(2).

2. No fee will be charged for a certificate of dissolution issued under subsection 220(5) or 221(15) nor for a certificate of intent to dissolve issued under subsection 221(5).

3. No fee will be charged for a corrected certificate issued under section 288 where the correction is required solely as the result of an error made by the Director.

Official notification period

The period within which complaints may be submitted begins on May 8, 2010, and ends on May 28, 2010.

Complaint process

An official complaint may be made to Corporations Canada by email, fax or mail. Corporations Canada will attempt to resolve any complaints received and provide a proposed resolution in writing. If a complaint cannot be resolved to the complainant’s satisfaction within 30 days of the expiry of the official notification period, the complainant may make a request in writing that Corporations Canada refer the complaint to an independent advisory panel.

The User Fees Act stipulates that the regulating authority and the complainant must each select one member to sit on the panel and those members must select a third member within 40 days of the expiry of the official notification period. The panel must, within 30 days after all members have been selected, send a report in writing of its findings and recommendations for resolving the dispute to the regulating authority and the complainant.

The panel has the power to award costs of the proceedings, including the cost of the fees and expenses of panel members. If, in the opinion of the panel, a complaint is frivolous or vexatious, the complainant bears all the costs.

Contact details

Corporations Canada
Jean Edmonds Towers South
365 Laurier Avenue W
Ottawa, Ontario
K1A 0C8
Email: corporationscanada@ic.gc.ca
Fax : 613-941-5781

Supporting documents

For more information on how the fees were determined, you may wish to refer to the consultation documents which are available on the Corporations Canada Web site at www. corporationscanada.ic.gc.ca.

It is also possible to obtain a paper copy by communicating with Corporations Canada at 1-866-333-5556.

May 8, 2010

INDUSTRY CANADA

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NOTICE OF VACANCY

PAYMENT IN LIEU OF TAXES DISPUTE ADVISORY PANEL

Chairperson (part-time position)

The Constitution Act exempts the Government of Canada from taxation by other levels of government. Since 1950, in recognition of the valuable services provided to federal properties across Canada, the government has made voluntary payments to local governments under the provision of the Payments in Lieu of Taxes Act (PILT Act).

The Payment in Lieu of Taxes Dispute Advisory Panel (Advisory Panel), established under the provisions of the PILT Act, provides the Minister of Public Works and Government Services or Heads of federal Crown corporations with advice on the resolution of disputes related to the amount of PILT received by Canadian taxing authorities on federal and Crown corporation property. The Advisory Panel is composed of at least two members from each province and territory, who are appointed by the Governor in Council, of which one of the members is named the Chairperson.

The Chairperson is responsible for the supervision, direction of the operations, and functions of the Advisory Panel and may establish divisions of the Advisory Panel to exercise all the powers, duties and functions of the Advisory Panel.

The Chairperson presides at selected regional meetings of the Advisory Panel, and provides non-binding advice to the Minister concerning the resolution of disputes between municipalities and Public Works and Government Services Canada (PWGSC) respecting payments made on “federal property” as defined in the PILT Act. Furthermore, the Chairperson offers advice to the Heads of Crown corporations concerning the resolution of disputes between municipalities and Crown corporations listed in Schedule III and IV of the PILT Act respecting payments made on “corporation property” as defined in the Crown Corporation Payments Regulations. His or her responsibilities also include providing non-binding advice to the Minister or the Head of a Crown corporation on issues of disagreement respecting property value, property dimension, or effective rate applicable to a property. Finally, the Advisory Panel is authorized to offer advice to the Minister or the Head of a Crown corporation with respect to a claim by a municipality that a supplementary payment should be made.

The successful candidate should possess a degree from a recognized university in a relevant field of study or a combination of equivalent education, job-related training and experience. A law degree with a background in property law would be an asset. A certification or professional designation from the Appraisal Institute of Canada or l’Ordre des Évaluateurs Agréés du Québec or an assessment designation from a recognized provincial assessment association such as the Institute of Municipal Assessors of Ontario or equivalent would also be an asset.

The suitable candidate must have experience in valuing large and complex commercial or industrial properties for assessment purposes, and defending valuations for assessment purposes before provincial assessment tribunals or in the provincial courts. Experience in achieving results with a demonstrated track record of leadership is required. The qualified candidate must also have experience in interacting with government, preferably at both the ministerial and senior departmental levels. Experience in representing clients concerning assessment appeals before assessment tribunals or in the provincial courts, or participating as a member of an assessment tribunal dealing with large commercial or industrial properties is essential. The successful candidate must also have experience in managing professionals in the preparation of objective evidence-based studies. Inter-jurisdictional experience would be considered an asset.

The chosen candidate must possess knowledge and understanding of the Canadian property taxation system, and provincial models of assessment and taxation. This includes the principles of real property valuation, legal interpretation of federal and provincial statutes, regulations and the application of the influence of relevant case law, or in some situations the interpretation and application of complex real property taxation and tax mitigations regimes in Canada. Knowledge of the functioning of an advisory panel is also necessary. Additionally, an appreciation of dispute resolution models, their application, and trends would be an asset.

The successful candidate must have the capacity to direct and manage a hearing process. The ability to develop effective working relationships with Ministers and their offices, senior government officials, key decision-makers in other sectors, Payments in Lieu of Taxes Program stakeholders, and individuals from diverse sectors and cultural backgrounds is important. The successful candidate must have the ability to manage difficult and diverging opinions as well as extrapolate current theories of assessment and valuation to address often unique non-market situations. He or she must also possess the capacity to render and write concise and well-founded recommendations

The ideal candidate must be a strategic and innovative leader as well as be diplomatic and flexible. Superior interpersonal skills, sound judgement, strong ethical standards and integrity are also essential requirements.

Proficiency in both official languages is preferred.

The successful candidate must be willing to travel across Canada and, in some situations, be away from home for periods of up to two weeks or more.

The government is committed to ensuring that its appointments are representative of Canada’s regions and official languages, as well as of women, Aboriginal peoples, disabled persons and visible minorities.

The preferred candidate must comply with the Ethical Guidelines for Public Office Holders and the Guidelines for the Political Activities of Public Office Holders. The guidelines are available on the Governor in Council Appointments Web site, under “Reference Material,” at www.appointments-nominations.gc.ca.

The selected candidate will be subject to the Conflict of Interest Act. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner’s Web site at http://ciec-ccie.gc.ca.

This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for this position. It is not, however, intended to be the sole means of recruitment.

Further details about the Payment in Lieu of Taxes Dispute Advisory Panel and its activities can be found on the PWGSC’s Web site at www.tpsgc-pwgsc.gc.ca/biens-property/peri-pilt/index-eng.html.

Interested candidates should forward their curriculum vitae by May 25, 2010, to the Assistant Secretary to the Cabinet (Senior Personnel), Privy Council Office, 59 Sparks Street, 1st Floor, Ottawa, Ontario K1A 0A3, 613-957-5006 (fax), GICA-NGEC@ bnet.pco-bcp.gc.ca (email).

Bilingual notices of vacancies will be produced in an alternative format (audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Ontario K1A 0S5, 613-941-5995 or 1-800-635-7943.

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DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

Ship-source Oil Pollution Fund

Pursuant to section 110 (see footnote 1) of the Marine Liability Act (the Act) and the Marine Liability Regulations made pursuant to paragraph 110(3)(b) (see footnote 2) of the Act, the maximum aggregate liability of the Ship-source Oil Pollution Fund in respect of any particular occurrence during the fiscal year commencing April 1, 2010, will be $155,318,425.

JOHN BAIRD, P.C., M.P.
Minister of Transport, Infrastructure
and Communities

[19-1-o]

DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

Ship-source Oil Pollution Fund

Pursuant to section 113 (see footnote 3) of the Marine Liability Act (the Act) and the Marine Liability Regulations made pursuant to paragraph 113(3)(b) (see footnote 4) of the Act, the amount of the levy in respect of payments into the Ship-source Oil Pollution Fund required by subsection 112(2) (see footnote 5) of the Act would be 46.57 cents if the levy were to be imposed pursuant to subsection 114(1) (see footnote 6) of the Act during the fiscal year commencing April 1, 2010.

JOHN BAIRD, P.C., M.P.
Minister of Transport, Infrastructure
and Communities

[19-1-o]

DEPARTMENT OF TRANSPORT

MOTOR VEHICLE SAFETY ACT

Notice requesting comments on amending the Canadian Motor Vehicle Safety Regulations to address motor quadricycles intended for on-road use

Summary

The Department of Transport is evaluating if there is a need to amend its regulations by introducing requirements that would allow the importation and distribution of a new type of vehicle for on-road use that is similar in size and design to a four wheeled all-terrain vehicle, herein referred to as a “motor quadricycle”. Currently, only motor quadricycle type vehicles that are designed for off-road use can be imported and manufactured for sale in Canada, under the classification of restricted use motorcycle. The restricted use motorcycle class includes a wide range of vehicles that are not intended for use on public roads, from four-wheeled all-terrain vehicles to recreational motorcycles designated for off-road use. If the Motor Vehicle Safety Regulations are amended, the new federal requirements for motor quadricycles would facilitate their licensing for on-road use, should a province or territory choose to allow them on their roadways.

Introduction

The Department of Transport is evaluating if there is a need to amend the Canadian Motor Vehicle Safety Regulations to facilitate the importation and sale of motor quadricycles in the Canadian market. Motor quadricycles intended for on-road use cannot currently be sold in Canada or the United States.

The current regulations stipulate that any four-wheeled vehicle manufactured or imported for on-road use in Canada would have to meet the federal regulatory requirements for a vehicle such as a passenger car or a low-speed vehicle. A motor quadricycle would need extensive modifications to be capable of meeting the crash protection requirements of a passenger car. Low-speed vehicles, while similar in size to a motor quadricycle, have a maximum top speed of 40 km/h and must also have an electric propulsion system. These requirements result in low-speed vehicles being fundamentally different in design and use than a motor quadricycle. As a result, the current federal vehicle classes and applicable safety standards effectively prevent the importation and distribution of motor quadricycles across Canada.

Internationally, only the European regulations have specific classifications for such vehicles. There are two classes of quadricycles specified under the regulations adopted by the United Nations Economic Commission for Europe, namely, light quadricycles and heavy quadricycles. Light quadricycles are specified as vehicles having a maximum mass of 350 kg, a maximum top speed of 45 km/h, and a maximum engine cylinder capacity of 50 cm3 or a maximum power rating of 4 kW (5 hp). Heavy quadricycles cannot exceed a maximum mass of 400 kg (550 kg in the case of a goods-carrying vehicle) and a maximum continuous power rating of 15 kW (20 hp). In both cases, the maximum mass rating does not include the mass of batteries if the quadricycle has an electric propulsion power source. While both classes of quadricycle must be constructed to meet several safety regulations, such as braking and lighting requirements, they do not need to meet any occupant protection requirements, such as those that would apply to passenger cars and light trucks. (see footnote 7)

Due to the absence of occupant protection requirements for European quadricycles, there are many different and inexpensive designs available within the European markets where quadricycle use is permitted. There are two distinct vehicle designs of European quadricycles; those where the operator sits astride on the vehicle, as on a motorcycle or motor tricycle, and those where the driver sits inside the vehicle, as in a passenger car. European quadricycle designs where the operator sits astride usually include handle bar steering systems and motorcycle type controls and passengers would also sit astride behind the operator. Those built like a passenger car are usually constructed with two seats side by side, and having foot operated accelerator and brake pedals, similar to a typical passenger car.

As in Canada, the United States regulations require four-wheeled vehicles to meet stringent occupant protection crash testing requirements, which effectively prevent the importation and distribution of motor quadricycles designed for on-road use in North America. In 2006 the United States National Highway Traffic Safety Administration (NHTSA) was petitioned to broaden the federal definition of motorcycle to include motor quadricycles designed for on-road use. After a thorough review, the NHTSA denied this petition. (see footnote 8)

In 1999, the Department of Transport completed an in-depth review of the world regulatory requirements for small four-wheeled vehicles, such as European quadricycles. This review was prompted by the introduction in the United States of a new vehicle class, namely, low-speed vehicles. This review resulted in Canada introducing a similar low-speed vehicle class. (see footnote 9) As in the United States, a Canadian low-speed vehicle is defined as a four-wheeled vehicle, which has a minimum attainable speed of 32 km/h and a maximum speed of 40 km/h. Unlike those in the United States, Canadian low-speed vehicles must have electric propulsion systems, as the low-speed vehicle class was introduced for its environmental benefit.

At that time, as part of the review for introducing low-speed vehicles in Canada, the Department considered and rejected the option of broadening the vehicle classification system to allow European quadricycle type vehicles to be permitted for sale for on-road use in Canada. As the United States low-speed vehicles and European quadricycles did not require any occupant protection, it was decided to limit the low-speed vehicle class to those vehicles designed for use in applications where the presence of larger and faster vehicles would be restricted. In 2007 and 2008, the Department reviewed the existing regulation for low-speed vehicles and amended it in 2008 to align the requirements with recent amendments made in the United States. Canada maintained alignment with the United States in terms of the intended use of low-speed vehicles, that is, in environments where they can be used safely.

In 2002, the Department of Transport completed an in-depth review of the world regulatory requirements for three-wheeled vehicles (i.e. a passenger car-like vehicle travelling on three wheels). This review resulted in the introduction of new Canadian vehicle classes, (see footnote 10) with appropriate safety requirements for three-wheeled vehicles and the clarification of requirements for motor tricycles. The introduction of this new three-wheeled vehicle class was based on the technical requirements of the Australian regulations. In the case of motor quadricycles, the Australian regulations are similar to those of Canada and the United States, preventing the importation and sale of European-style motor quadricycles intended for use on public roads.

With the introduction of the new three-wheeled vehicle class and the clarification and division of the motorcycle and motor tricycle classes, vehicles operating on three wheels now have specific regulatory requirements for the two different types of vehicle design, one where the operator sits astride and the other where the driver sits inside the vehicle. With this amendment, Transport Canada introduced fuel system integrity requirements for motorcycles, motor tricycles and three-wheeled vehicles. Stability requirements were also introduced for motor tricycles and three-wheeled vehicles. These requirements are based on similar requirements in place in Europe for fuel system integrity of motorcycles and in Australia for the stability of vehicles operating on three wheels.

As with motorcycles, motor tricycles have an operator and passenger(s) that sit astride, thus there is limited opportunity to provide occupant protection measures. At the same time, if the manufacturer installs a compartment around the operator and passenger(s) there is a high probability for the cycle occupants to be injured if they strike the inside of the compartment. As a result, this amendment also included new requirements for enclosed motorcycles, by requiring seat belts and setting minimum occupant protection requirements.

With the introduction of three-wheeled vehicles, which are vehicles designed for the operator to sit inside, the Department of Transport applied additional occupant protection requirements similar to those applied to passenger cars. For example, three-wheeled vehicles are required to be crash tested at 48 km/h and following the test the steering column must not move rearward more than 127 mm.

In addition to or in lieu of stability requirements, it may be appropriate to limit the speed and/or power of a potential motor quadricycle class in Canada. As noted, in Europe, light quadricycles are limited in both power and top speed. The maximum top speed of a European light quadricycle is 45 km/h. Comparing with Canadian vehicle classes, this speed closely aligns with the 40 km/h top speed of low-speed vehicles, but is less than the 70 km/h top speed for limited-speed motorcycles. While heavy quadricycles in Europe do not have limitations on their speed, they are limited in power to about 15 kW. It should be noted that despite the power limit of 15 kW, these vehicles could attain speeds in excess of 100 km/h.

Canadian, United States and European road casualty statistics all indicate that open-type vehicles, which do not offer the operator any occupant protection, such as motorcycles and motor tricycles, are many times less safe than passenger cars and light trucks. In Europe, for example, for the same distance travelled, the risk for riders being killed in road collisions is on average 18 times the risk of car drivers. (see footnote 11) As is currently the case for motorcycles and off-road all-terrain vehicles, proper operator training, driver licensing requirements, and usage laws are key to improving safety. The development of requirements for operator training and enforcement in Canada falls under the jurisdiction of the provinces and territories. Should the Government introduce a new vehicle class for motor quadricycles, the responsibility for establishing operator training programs, licensing and use requirements, as well as the enforcement of these rules, will fall under the jurisdiction of the provinces and territories. As is currently the case for low-speed and three-wheeled vehicles in some jurisdictions, the regulatory requirements for the use of motor quadricycles could vary across the country, thereby affecting the use of these vehicles across provincial, territorial and national borders.

Questions

The Department is seeking comments from interested stakeholders and individual Canadians. Specifically, comments on the following issues would be of assistance:

1. What advantages or disadvantages would arise if the Regulations were amended to facilitate the importation and distribution of motor quadricycles throughout Canada?

2. Should the introduction of motor quadricycles extend to both types of motor quadricycles and what safety requirements would you expect of each type of motor quadricycle:

(a) Type 1: Where the operator sits astride, such as a motorcycle and motor tricycle; and

(b) Type 2: Where the driver sits in the vehicle, like a passenger car?

3. What type of stability requirements would be appropriate for motor quadricycles and can you offer suggestions on what testing procedures could be part of a stability test?

4. Should the maximum engine power output be limited to 15 kW as it is in Europe for heavy quadricycles?

5. Should the power and speed be limited as it is for light quadricycles in Europe, and if so should the top speed correspond to low-speed vehicles, 40 km/h, limited-speed motorcycles, 70 km/h, or other speed?

6. Comments are requested on the need to maintain the low-speed vehicle class if a new motor quadricycle class includes similar requirements.

Please refer to Schedule III of the Motor Vehicle Safety Regulations, which defines the safety requirements for the various prescribed classes of vehicles that are regulated under the authority of the Motor Vehicle Safety Act, at www.tc.gc.ca/eng/acts-regulations/regulations-crc-c1038-sch-iii.htm.

Comments

Interested parties are requested to submit their comments on this proposal in writing before June 11, 2010. Submissions should be supported by data wherever possible and they should, as a minimum, address the questions raised above.

It is important that your submission be provided to the attention of the person noted below before the date noted. Submissions not sent directly to the person noted may not be considered as part of this regulatory consultation. Please note that individual responses will not be sent to your submission. Please indicate in your submission if you do not wish to be identified or if you do not wish to have your comments published in any potential regulatory proposal prepared for publication in the Canada Gazette, which may arise from this Notice.

Comments must also identify those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of the Act, the reason why those parts should not be disclosed and the period during which those parts should remain undisclosed.

Comments, questions, and requests for additional information regarding this Notice may be directed to Denis Brault, Senior Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, ASFBE, Transport Canada, 275 Slater Street, 16th Floor, Ottawa, Ontario K1A 0N5, denis.brault@tc.gc.ca (email).

CHRISTIAN LAVOIE
Director
Standards Research and Development
For the Minister of Transport

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DEPARTMENT OF TRANSPORT

MOTOR VEHICLE SAFETY ACT

Technical Standards Document No. 121, Air Brake Systems — Revision 3

Notice is hereby given, pursuant to section 12 of the Motor Vehicle Safety Act and sections 16 and 17 of the Motor Vehicle Safety Regulations, that the Department of Transport has revised Technical Standards Document (TSD) No. 121, Air Brake Systems, which establishes performance and equipment requirements for braking systems on vehicles equipped with air brake systems. Revision 3 of TSD No. 121 is effective as of the date of publication of this notice.

TSD No. 121, Air Brake Systems, reproduces U.S. Federal Motor Vehicle Safety Standard No. 121 of the same title and is incorporated by reference in section 121 of Schedule IV of the Motor Vehicle Safety Regulations. On July 27, 2009, the U.S. safety standard No. 121 was amended to improve the stopping distance performance of truck tractors (i.e. trucks that are designed primarily for drawing trailers). Prior to this amendment, the Canadian safety standard was aligned with its U.S. counterpart. This revision would re-establish harmonization with respect to braking distances.

Mandatory compliance will be phased-in over time based on vehicle design, the last phase requiring compliance as of August 1, 2013. This revision requires the vast majority of new truck tractors to be able to come to a full stop in a distance that is up to 30% less than what was previously required. The purpose is to reduce the number of fatalities and injuries associated with crashes involving tractor-trailer combinations. This new requirement will speed up the introduction of the latest brake system technology into North America’s freight hauling fleets and will help truck drivers avoid collisions with other vehicles.

Copies of Revision 3 of TSD No. 121 may be obtained on the Internet at www.tc.gc.ca/acts-regulations/regulations/crc-c1038/ menu.htm. Any inquiries should be directed to Denis Brault, Senior Regulatory Development Engineer, Standards and Regulations Division, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 275 Slater Street, Ottawa, Ontario K1A 0N5, 613-998-1964 (telephone), 613-998-8188 (fax), denis.brault@tc.gc.ca (email).

MERZ RUSTOM
Director
Standards Research and Development
For the Minister of Transport, Infrastructure
and Communities

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Footnote 1
S.C. 2001, c. 6

Footnote 2
S.C. 2001, c. 6

Footnote 3
S.C. 2001, c. 6

Footnote 4
S.C. 2001, c. 6

Footnote 5
S.C. 2001, c. 6

Footnote 6
S.C. 2001, c. 6

Footnote 7
Directive 2002/24/EC relating to the type-approval of two or three-wheeled motor vehicles, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX: 32002L0024:en:NOT

Footnote 8
U.S. Federal Register, Vol. 71, No. 226, Friday, November 24, 2006, Proposed Rules, page 67843, http://edocket.access.gpo.gov/2006/pdf/E6-19824.pdf

Footnote 9
Canada Gazette, Part II, August 16, 2000, SOR/2000-304, www.gazette.gc.ca/ archives/p2/2000/2000-08-16/pdf/g2-13417.pdf

Footnote 10
Canada Gazette, Part II, August 13, 2003, SOR/2003-272, www.gazette.gc. ca/archives/p2/2003/2003-08-13/pdf/g2-13717.pdf

Footnote 11
European Transport Safety Council, “Road Safety as a right and responsibility for all”, A Blueprint for the EU’s 4th Road Safety Action Programme 2010-2020, Brussels 2008, www.etsc.eu/documents/Blueprint_for_a_4th%20Road_Safety_ Action_Programme_ETSC_Sept%2008.pdf