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Vol. 144, No. 23 — June 5, 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. 4543-2-03487 authorizing the loading for disposal and the disposal of waste or other matter at sea is amended as follows.

 9. Total quantity to be disposed of: Not to exceed 90 000 m3.

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

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-03506 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Nanaimo Port Authority, Nanaimo, 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 material typical to the approved loading site, except logs and usable wood. The Permittee shall ensure that every effort is made to prevent the deposition of log bundling strand into waste or other matter approved for loading and disposal at sea and/or remove log bundling strand from waste or other matter approved for loading and disposal at sea.

 3. Duration of permit: Permit is valid from July 6, 2010, to July 5, 2011.

 4. Loading site(s): Nanaimo Inner Harbour, Nanaimo, British Columbia, at approximately 49°09.80′ N, 123°55.30′ W (NAD83).

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

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

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

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

 9. Total quantity to be disposed of: Not to exceed 15 000 m3 place measure.

10. Fees: The fee prescribed by the Disposal at Sea Permit Fee Regulations 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 by any enforcement officer or analyst for two years following the expiry of the permit.

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 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 sites(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 for the Nanaimo Assembly Wharves Floating Cruise Ship Berth” (May 6, 2010).

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

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DEPARTMENT OF THE ENVIRONMENT

KYOTO PROTOCOL IMPLEMENTATION ACT

Notice

Notice is hereby given, under paragraph 5(3)(b) of the Kyoto Protocol Implementation Act, that a plan has been prepared by the Minister of the Environment in accordance with subsection 5(1) of the Act. The plan is published on the Government of Canada’s Web site at www.climatechange.gc.ca.

JIM PRENTICE
Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to assess and manage the risks to the health of Canadians and their environment posed by aromatic azo substances which may break down to certain aromatic amines, substances which may break down to certain benzidines, and the corresponding aromatic amines or benzidines

The measures, annexed hereby, outline how Health Canada and Environment Canada will address certain substances to reduce related health and ecological risks.

Public comment period

Any person may, within 60 days of publication of this Notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3. Comments can also be submitted by fax at 819-953-7155 or by email to Existing.Substances.Existantes@ec.gc.ca.

Any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

THE HONOURABLE JIM PRENTICE
Minister of the Environment

THE HONOURABLE LEONA AGLUKKAQ
Minister of Health

ANNEX

Plan for the assessment and management of certain substances on the Domestic Substances List

The Minister of the Environment and the Minister of Health (the Ministers) will implement a series of measures regarding a class of substances described below to further protect the health of Canadians and the environment from the potential effects of these substances.

1. Background

The Canadian Environmental Protection Act, 1999 requires the Ministers to categorize all substances on the Domestic Substances List that are persistent or bioaccumulative, based on the Persistence and Bioaccumulation Regulations, and inherently toxic to humans or other organisms, or that present, to individuals in Canada, the greatest potential for exposure. Substances found to meet the categorization criteria are subject to a screening assessment under section 74 and, if determined to meet one or more of the criteria under section 64, may be subject to risk management measures.

2. Proposed scope

This Notice of Intent applies to those substances identified as priorities for further action during the categorization exercise and which are considered to be aromatic azo substances which may break down to certain aromatic amines, substances which may break down to certain benzidines, and the corresponding aromatic amines or benzidines. This action includes substances from the Challenge initiative as well as related substances which were identified as priorities for further action during the categorization exercise. The substances for which this Notice applies will furthermore be referred to as the “aromatic azo- and benzidine-based substances”. Assessment conclusions on these substances may also be applied to other related substances on the Domestic Substances List if they are identified as sharing similar physical, chemical, and toxicological properties.

3. Purpose for action

The Ministers will implement a series of measures regarding the aromatic azo- and benzidine-based substances to improve our understanding of the risks posed by these substances, and to determine what actions, if any, are required to further protect the health of Canadians and the environment from the potential effects associated with these substances. These measures will

  • improve, where possible, information on degradation and metabolism;
  • identify industrial best practices in order to set benchmarks for risk management and product stewardship; and
  • collect information on environmental and product release, exposure and substance and/or product use.

In so doing, the Ministers will make timely risk assessment and management decisions that minimize the risk of harm associated with the above substances.

4. Rationale for action

The aromatic azo- and benzidine-based substances share common structural features which may result in similar physical, chemical and toxicological properties. Substances with these structural features may undergo environmental degradation and/or metabolism in organisms to aromatic amine metabolites, some of which may be hazardous to human health or the environment. Azo-based substances containing aromatic amines may be subjected to reductive cleavage of the azo linkage, resulting in the availability of a free aromatic amine. Likewise, substances which contain benzidine or benzidine congeners (with azo or other linkages) may be transformed to release the active metabolites. Such substances may also have similar commercial applications, leading to similar exposure patterns.

The proposed approach provides a robust scientific assessment process and results in assessment of a greater number of substances. In addition, completion of assessments as a class allows for more informed risk management. This class approach will also include a number of the aromatic azo- and benzidine-based substances that were prioritized during the categorization exercise, including substances in the Challenge. While conclusions for the affected Challenge substances would be published within Challenge timelines, these decisions may be later updated as part of the current class approach proposed in this current Notice of Intent. It is intended that assessments will be released in phases, with assessments for those substances of highest potential concern being published first.

5. Planned actions

The Ministers intend to examine available information on the aromatic azo- and benzidine-based substances which were prioritized during the categorization exercise to determine if these substances meet the criteria outlined in section 64 of the Act.

The Ministers intend to consult with stakeholders on this list of aromatic azo- and benzidine-based substances, potential substance groups, and information gaps to inform future information gathering exercises under section 71 of the Act. The Minister of the Environment intends to use section 71 to collect further information from those that may be involved in the manufacture, import and use of the aromatic azo- and benzidine-based substances and related substances in Canada. Generation and submission of other information to inform decision-making may also be requested, including, but not limited to, the following: degradation and metabolism data; type of mixture, product or manufactured item; as well as concentration or range of concentration of the substance by weight in the manufactured item or product.

Screening assessments will be conducted on the aromatic azo- and benzidine-based substances, taking into consideration all relevant information. Assessment conclusions on these substances may also be applied to other related substances on the Domestic Substances List if they are identified as sharing similar physical, chemical, and toxicological properties.

By December 2012, the Ministers intend to publish draft screening assessments for a 60-day public comment period, including their proposal to pursue one of the measures as specified under subsection 77(2). If the Ministers propose to take the measure referred to in paragraph 77(2)(c), they will also propose, where applicable, the implementation of virtual elimination. Final screening assessments would be published by July 2013 in keeping with Challenge initiative timelines.

Discussions with stakeholders on risk management will be initiated at the time of the publication under subsection 77(1) and risk management scope documents will be issued as appropriate, inviting stakeholders to provide comments. When the Ministers publish their final recommendations under subsection 77(6), a proposed risk management approach document will be issued outlining actions the Government proposes to take to protect Canadians and their environment from risks associated with those substances that are determined to meet one or more of the criteria in section 64.

If at any time the Ministers conclude that any of the above substances meet the criteria of section 64, they may move directly to the publication of a subsection 77(1) notice for this/these substance(s).

6. Substances covered under this proposal (the “aromatic azo- and benzidine-based substances”)

The aromatic azo- and benzidine-based substances (aromatic azo substances which may break down to certain aromatic amines, substances which may break down to certain benzidines, and the corresponding aromatic amines or benzidines), identified as priorities during the categorization exercise will be considered under this proposal, including those that were in the Challenge initiative. A list of these substances covered under this proposal can be found at www.chemicalsubstanceschimiques.gc.ca/plan/approach-approche/azo_benzidine-eng.php.

7. Contacts

Karen Lloyd
Director General
Safe Environments Directorate
Health Canada

George Enei
Director General
Science and Risk Assessment Directorate
Environment Canada

Margaret Kenny
Director General
Chemicals Sector Directorate
Environment Canada

Telephone: 1-800-567-1999 (in Canada) or 819-953-7156
Fax: 819-953-7155
Email: substances@ec.gc.ca

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Instrument of Advice dated May 7, 2010

Ignatieff, Michael Grant

Queen’s Privy Council for Canada

Member

May 27, 2010

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Biguzs, Anita

2010-658

Associate Deputy Minister of Transport

 

Da Pont, George

2010-663

Canadian Food Inspection Agency

 

Executive Vice-President

 

Evans, Brian

2010-662

Chief Food Safety Officer

 

Flack, Graham

2010-660

Associate Deputy Minister of Public Safety and Emergency Preparedness to be styled Associate Deputy Minister of Public Safety

 

Grégoire, Marc

2010-664

Canadian Coast Guard

 

Commissioner

 

Robinson, Anne-Marie

2010-661

Associate Deputy Minister of Health

 

Smith, Alister

2010-659

Associate Secretary of the Treasury Board

 

May 27, 2010

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senator called

Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada, bearing date of May 20, 2010:

Braley, David, of Burlington, in the Province of Ontario, Member of the Senate and a Senator for the Province of Ontario.

May 27, 2010

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF INDUSTRY

TELECOMMUNICATIONS ACT

Notice No. DGTP-004-2010 — Petition to the Governor in Council concerning Telecom Decision CRTC 2010-11

Notice is hereby given that a petition from TELUS Communications Company (hereinafter referred to as TELUS) has been received by the Governor in Council (GIC) under section 12 of the Telecommunications Act with respect to a decision issued by the Canadian Radio-television and Telecommunications Commission (CRTC), concerning certain contractual obligations for telecommunications services provided by Bell Canada (Bell) to Public Works and Government Services Canada (PWGSC) during a transition to a new service provider, TELUS.

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

In its petition, dated April 12, 2010, TELUS requests that the GIC vary portions of Telecom Decision CRTC 2010-11, TELUS Communications Company — Application to review and vary portions of Telecom Decision 2009-85 regarding telecommunications services provided by Bell Canada to PWGSC, and send it back to the CRTC for reconsideration. The reasons for this request are included in TELUS’ petition.

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

Submitting comments

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

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

All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (DGTP-004-2010).

Obtaining copies

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

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

May 28, 2010

PAMELA MILLER
Director General
Telecommunications Policy Branch

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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 — Extension of closing date

The Department of Transport is hereby extending the closing date of its Notice requesting comments on amending the Canadian Motor Vehicle Safety Regulations to address motor quadricycles intended for on-road use, published in the Canada Gazette, Part I, on May 8, 2010. Interested parties now have until July 9, 2010, to submit their comments in writing.

The purpose of the request for comments is to evaluate if there is a need to amend the 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. The detailed notice requesting comments specified an original comment period ending June 11, 2010. It is felt that additional time is necessary to allow stakeholders to better address the specific questions raised therein.

Written responses must be received on or before July 9, 2010. Submissions should be supported by data wherever possible and they should, as a minimum, address the questions raised in the May 8 publication.

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 an individual response to your submission will not be sent. 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).

MERZ RUSTOM
Director
Motor Vehicle Standards Research and Development
For the Minister of Transport

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

M&T Bank — Order to commence and carry on business

Notice is hereby given of the issuance, pursuant to subsection 534(1) of the Bank Act, of an order to commence and carry on business permitting M&T Bank to commence and carry on business in Canada under the name M&T Bank, effective May 18, 2010.

May 25, 2010

JULIE DICKSON
Superintendent of Financial Institutions

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

INSURANCE COMPANIES ACT

DAS Legal Protection Insurance Company Limited — Letters patent of incorporation

Notice is hereby given of the issuance on April 27, 2010, pursuant to section 22 of the Insurance Companies Act, of letters patent incorporating DAS Legal Protection Insurance Company Limited and, in French, DAS compagnie d’assurance de protection juridique Limitée.

May 25, 2010

JULIE DICKSON
Superintendent of Financial Institutions

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