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Vol. 144, No. 51 — December 18, 2010

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Interim Order Modifying the Operation of the Off-Road Compression-Ignition Engine Emission Regulations

Whereas the Off-Road Compression-Ignition Engine Emission Regulations (see footnote a) made under the Canadian Environmental Protection Act, 1999 (see footnote b) are inconsistent with part 89 of title 40 of the United States Code of Federal Regulations as amended by section 78 of volume 69, page 39212, of the Federal Register of the United States published on June 29, 2004;

Therefore, the Minister of the Environment, pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999 (see footnote c), hereby makes the annexed Interim Order Modifying the Operation of the Off-Road Compression-Ignition Engine Emission Regulations.

Gatineau, November 29, 2010

JOHN BAIRD
Minister of the Environment

INTERIM ORDER MODIFYING THE OPERATION OF THE OFF-ROAD COMPRESSION-IGNITION ENGINE EMISSION REGULATIONS

INTERPRETATION

1. Words and expressions used in this Interim Order and defined in the Canadian Environmental Protection Act, 1999 or the Off-Road Compression-Ignition Engine Emission Regulations (hereinafter referred to as the “Regulations”) have the same meaning as in that Act or those Regulations, as the case may be.

2. If there is a conflict between this Interim Order and the Regulations, this Interim Order prevails to the extent of the conflict.

APPLICATION

3. Despite section 14 of the Regulations, an engine that is sold concurrently in Canada and in the United States and that bears the U.S. emission control information label referred to in section 625(j)(1), part 1039, of title 40 of the United States Code of Federal Regulations must conform to, instead of the standards set out in sections 9 to 11 of the Regulations, the emission standards referred to in section 625, part 1039, of title 40 of that Code.

4. For greater certainty, section 17 of the Regulations applies to an engine referred to in section 3.

EXPLANATORY NOTE

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

Proposal

The purpose of the Interim Order Modifying the Operation of the Off-Road Compression-Ignition Engines Emission Regulations (Interim Order) pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999 is to maintain alignment between the United States (U.S.) Environmental Protection Agency (EPA) provisions referred to as the EPA flexibility program for equipment-manufacturer and the Canadian requirements.

The Off-Road Compression-Ignition Engine Emission Regulations (Regulations) will be amended to incorporate the new stricter U.S. standards, as well as the flexibility provisions; however, it is not expected that these amendments will come into force prior to 2012. For this reason, and during this interim period covering engines of model year 2011, an Interim Order is required to maintain alignment until amendments to the Regulations come into force.

The Interim Order would, in accordance with subsection 163(3) of the Canadian Environmental Protection Act, 1999, cease to have effect 14 days after it was made unless it is approved by the Governor in Council within that period. If so approved, the Interim Order will, in accordance with subsection 163(5) of the Canadian Environmental Protection Act, 1999, remain in force until it is repealed, until the Regulations are amended or repealed to give effect to the Order or for a period of up to one year.

Objective

The objective of the Interim Order is to permit engines that are manufactured under the EPA flexibility program and available for sale and import into the United States to also be available to the Canadian market. This will be achieved by modifying the compliance requirements for these types of engines.

The modifications to the compliance requirements for these engines are consistent with the Government’s policy of alignment with the smog-forming emission standards of the U.S. EPA for vehicles and engines. The Interim Order also supports Canada’s commitment under the Ozone Annex to the 1991 Canada-United States Air Quality Agreement.

Background

The Regulations made under the Canadian Environmental Protection Act, 1999 introduced emission standards to reduce smog-forming emissions from diesel engines of the 2006 and later model years aligned with U.S. EPA standards. Companies wishing to import engines into Canada can comply with the standards outlined in the Canadian Regulations by demonstrating that the engines meet the standards or by providing proof of a valid EPA certificate of conformity.

The U.S. EPA has amended its regulations to include more stringent standards (interim Tier 4 and Tier 4) and these have been phased-in progressively since 2008. Furthermore, the EPA regulations include a flexibility program to allow the manufacture of a limited number of equipment built with engines that do not meet the stricter emission standards until 2021. Environment Canada was informed by the industry of its intent to import these engines and machines containing these engines into Canada in 2011. The engines manufactured under the EPA program for equipment-manufacturer flexibility are not covered by an EPA certificate of conformity.

Environment Canada recognizes that until such time that the Regulations are amended to maintain alignment with the stricter standards, it is reasonable to continue offering equivalent flexibility provisions in Canada to ensure that Canadians have access to the same engines as those offered in the United States. The Interim Order will modify the compliance requirements under the current regulations to allow these engines and equipments for import and sale in Canada.

Implications

There are no known off-road compression-ignition engine manufacturers in Canada but there are some equipment or machine manufacturers using these engines. For this reason, the domestic market relies on the United States and other imports to provide these engines. These engines are vital to our economy because they are used in a number of key industrial sectors, such as construction, mining and agriculture. Placing restrictions on the types of engines that may be imported into Canada, when these engines are available for import and sale in the United States, would be inconsistent with the Government’s policy of alignment. In order to ensure continued alignment with the EPA program for equipment-manufacturer flexibility, future consideration will be given to restricting the number of engines manufactured or imported into Canada based on the flexibility requirements of the EPA.

Consultations

There has been extensive consultation on the policy of alignment with U.S. standards relative to the development of the Regulations, the upcoming proposed amendments, as well as in the development of other regulations targeting vehicles and engines. The consultations associated with the development of each of these regulations revealed a broad consensus that Canada’s regulatory emission standards for on-road and off-road vehicles and engines should be based on alignment with corresponding U.S. federal requirements. Stakeholders have generally identified that the integrated nature of the Canada/United States economy, and the implementation of national programs for on-road and off-road vehicles and engines by the EPA, are two key elements supporting a policy of alignment with U.S. federal programs as a logical approach for Canada to achieve significant emission reductions in a cost-effective manner. More recently, there has been on-going dialogue with the industry on the inconsistency that is addressed by this Interim Order and by the upcoming amendments to the Regulations.

Departmental contact

Josée Lavergne
Manager
Air Pollutant Regulatory Development Section
Transportation Division
Energy and Transportation Directorate
Environmental Stewardship Branch
Environment Canada
Email: josee.lavergne@ec.gc.ca
Telephone: 819-953-1651

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 16137

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance Cellulose sulphate, Chemical Abstracts Service Registry No. 9032-43-3, under section 83 of the Canadian Environmental Protection Act, 1999;

Whereas the substance is not specified on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that Act applies to the substance in accordance with the Annex.

JOHN BAIRD
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. The following definition applies in this Significant New Activity Notice:

“substance” means Cellulose sulphate obtained from sulphuric acid hydrolysis of bleached pulp having the following characteristics:

(a) nominal length of 150 ±50 nanometres;

(b) cross sectional dimension less than or equal to 10 nanometres; and

(c) sulphur content of 0.3% to 1.5% by weight.

2. For the purpose of this Notice, a significant new activity is

(a) the use of the substance in a quantity greater than 10 000 kg per calendar year as a component in paints and coatings when they are applied industrially to products that are not intended for use by or for children; or

(b) any other use of the substance in a quantity greater than 10 kg per calendar year, including in products that are intended for use by or for children.

3. Despite paragraph 2(b), the activity where the substance is used as a research and development substance, as that expression is defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), is not a new activity.

4. A person who proposes a significant new activity set out in this Notice for this substance shall provide the following information to the Minister of the Environment, at least 90 days before the day on which the quantity of the substance involved in the activity exceeds the applicable quantity mentioned in paragraphs 2(a) or (b):

(a) a description of the proposed significant new activity in relation to the substance;

(b) the information specified in items 7 to 10 of Schedule 11 to the New Substances Notification Regulations (Chemicals and Polymers);

(c) for a new activity described in paragraph 2(b), the information specified in paragraphs 2(a), (c), (d) and (e) and items 5 and 9 of Schedule 11 to those Regulations;

(d) the analytical information to determine the average particle size and particle size distribution of the substance as produced and as administered in the toxicity tests referred to in paragraphs (b) and (c);

(e) the information describing the agglomeration/aggregation state, shape, surface area and surface charge of the substance as produced and as administered in the toxicity tests referred to in paragraphs (b) and (c); and

(f) the analytical information to determine the leachability potential of the substance from the product.

5. The above information will be assessed within 90 days after the day on which it is received by the Minister of the Environment.

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice, and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 to the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada or the Government of Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Calla, Harold

2010-1502

First Nations Financial Management Board

 

Chairperson of the board of directors

 

(see footnote *(1))LeBlanc, Richard

2010-1462

Canadian Museum of Immigration at Pier 21

 

Trustee of the Board of Trustees

 

Phillips, Douglas George

2010-1501

Commissioner of Yukon

 

Poloz, Stephen

2010-1479

Export Development Canada

 

President

 

Smith, The Hon. Heather J.

2010-1517

Government of Ontario

 

Administrator

 

December 13 to 17, December 20 to 24 and December 27 to 31, 2010

 

Stoddart, Jennifer

2010-1520

Privacy Commissioner

 

Young, William Robert

2010-1523

Parliamentary Librarian

 

December 10, 2010

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Two-year review of list of entities

Whereas subsection 83.05(9) (see footnote d) of the Criminal Code (see footnote e) requires the Minister of Public Safety and Emergency Preparedness to review the list established under subsection 83.05(1) (see footnote f) of that Act two years after its establishment, and every two years after that, to determine whether there are still reasonable grounds for an entity to remain a listed entity as set out in subsection 83.05(1) (see footnote g) of that Act;

Whereas, on July 23, 2010, eight years had elapsed since the establishment of the list by the Regulations Establishing a List of Entities (see footnote h) pursuant to subsection 83.05(1) (see footnote i) of the Criminal Code; (see footnote j)

And whereas, pursuant to subsection 83.05(9) (see footnote k) of the Criminal Code, (see footnote l) the Minister of Public Safety and Emergency Preparedness has carried out the review of the list as it existed on July 23, 2010,

Therefore, notice is hereby given, pursuant to subsection 83.05(10) (see footnote m) of the Criminal Code, (see footnote n) that the Minister of Public Safety and Emergency Preparedness completed the review on December 2, 2010.

VIC TOEWS
Minister of Public Safety and Emergency Preparedness

[51-1-o]

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order No. 3 Respecting Mail, Cargo and Baggage

Whereas the annexed Interim Order No. 3 Respecting Mail, Cargo and Baggage is required to deal with an immediate threat to aviation security;

And whereas, pursuant to subsection 6.41(1.2) (see footnote o) of the Aeronautics Act (see footnote p), the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order No. 3 Respecting Mail, Cargo and Baggage;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1) (see footnote q) of the Aeronautics Act (see footnote r), hereby makes the annexed Interim Order No. 3 Respecting Mail, Cargo and Baggage.

Ottawa, December 6, 2010

CHUCK STRAHL
Minister of Transport

INTERIM ORDER NO. 3 RESPECTING MAIL, CARGO AND BAGGAGE

INTERPRETATION

Terminology: Canadian Aviation Security Regulations

1. Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in section 1 of the Canadian Aviation Security Regulations.

MAIL AND CARGO

Yemen

2. An air carrier must not transport on a flight to Canada mail or cargo that originates in Yemen or has transited through Yemen.

Somalia

3. An air carrier must not transport on a flight to Canada mail or cargo that originates in Somalia or has transited through Somalia.

PRINTER OR TONER CARTRIDGES

Prohibition — passengers

4. A passenger must not transport any of the following goods as checked baggage on board a flight operated by an air carrier from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations:

(a) a printer cartridge that weighs 454 g (16 oz) or more; and

(b) a toner cartridge that weighs 454 g (16 oz) or more.

Prohibition — air carriers

5. An air carrier must not transport any of the following goods as cargo on board a passenger flight from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations:

(a) a printer cartridge that weighs 454 g (16 oz) or more; and

(b) a toner cartridge that weighs 454 g (16 oz) or more.

Prohibition — screening authorities

6. A screening authority at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations must not allow a person in possession or control of any of the following goods to pass beyond a screening checkpoint into a sterile area intended for passengers for flights to the United States:

(a) a printer cartridge that weighs 454 g (16 oz) or more; and

(b) a toner cartridge that weighs 454 g (16 oz) or more.

DESIGNATED PROVISIONS

Designation

7. (1) Sections 2 to 6 of this Interim Order are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

(a) $5,000, in the case of an individual; and

(b) $25,000, in the case of a corporation.

Notice

8. A notice referred to in subsection 7.7(1) of the Act must specify

(a) the particulars of the alleged contravention;

(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;

(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;

(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and

(e) that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

REPEAL

9. This Interim Order is repealed at 12:00 p.m. Eastern Standard Time on December 8, 2010.

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DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order No. 4 Respecting Mail, Cargo and Baggage

Whereas the annexed Interim Order No. 4 Respecting Mail, Cargo and Baggage is required to deal with an immediate threat to aviation security;

And whereas, pursuant to subsection 6.41(1.2) (see footnote s) of the Aeronautics Act (see footnote t), the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order No. 4 Respecting Mail, Cargo and Baggage;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1) (see footnote u) of the Aeronautics Act (see footnote v), hereby makes the annexed Interim Order No. 4 Respecting Mail, Cargo and Baggage.

Ottawa, December 9, 2010

CHUCK STRAHL
Minister of Transport

INTERIM ORDER NO. 4 RESPECTING MAIL, CARGO AND BAGGAGE

INTERPRETATION

Terminology — Canadian Aviation Security Regulations

1. Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in section 1 of the Canadian Aviation Security Regulations.

MAIL AND CARGO

Yemen

2. An air carrier must not transport on a flight to Canada mail or cargo that originates in Yemen or has transited through Yemen.

Somalia

3. An air carrier must not transport on a flight to Canada mail or cargo that originates in Somalia or has transited through Somalia.

PRINTER OR TONER CARTRIDGES

Prohibition — passengers

4. A passenger must not transport any of the following goods as checked baggage on board a flight operated by an air carrier from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations:

(a) a printer cartridge that weighs 454 g (16 oz) or more; and

(b) a toner cartridge that weighs 454 g (16 oz) or more.

Prohibition — air carriers

5. An air carrier must not transport any of the following goods as cargo on board a passenger-carrying flight that departs from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations if the passengers are screened before boarding for weapons, explosive substances, incendiary devices or their components or other dangerous items that could be used to jeopardize the security of an aerodrome or an aircraft:

(a) a printer cartridge that weighs 454 g (16 oz) or more; and

(b) a toner cartridge that weighs 454 g (16 oz) or more.

Prohibition — screening authorities

6. A screening authority at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations must not allow a person in possession or control of any of the following goods to pass beyond a screening checkpoint into a sterile area intended for passengers for flights to the United States:

(a) a printer cartridge that weighs 454 g (16 oz) or more; and

(b) a toner cartridge that weighs 454 g (16 oz) or more.

DESIGNATED PROVISIONS

Designation

7. (1) Sections 2 to 6 of this Interim Order are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

(a) $5,000, in the case of an individual; and

(b) $25,000, in the case of a corporation.

Notice

8. A notice referred to in subsection 7.7(1) of the Act must specify

(a) the particulars of the alleged contravention;

(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;

(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;

(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and

(e) that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

BNP Paribas (Canada) — Letters patent of amalgamation and order to commence and carry on business

Notice is hereby given of the issuance,

  • pursuant to subsection 229(1) of the Bank Act, of letters patent amalgamating and continuing BNP Paribas (Canada) and Fortis Capital (Canada) Ltd. as one bank under the name BNP Paribas (Canada), effective December 1, 2010; and
  • pursuant to subsection 48(4) of the Bank Act, of an order to commence and carry on business authorizing BNP Paribas (Canada) to commence and carry on business, effective December 1, 2010.

December 6, 2010

JULIE DICKSON
Superintendent of Financial Institutions

[51-1-o]

Footnote a
SOR/2005-32

Footnote b
S.C. 1999, c. 33

Footnote c
S.C. 1999, c. 33

Footnote *(1)
Correction

Footnote d
S.C. 2005, c. 10, s. 18(3)

Footnote e
R.S., c. C-46

Footnote f
S.C. 2005, c. 10, subpar. 34(1)(f)(iii)

Footnote g
S.C. 2005, c. 10, subpar. 34(1)(f)(iii)

Footnote h
SOR/2002-284

Footnote i
R.S., c. C-46

Footnote j
S.C. 2005, c. 10, s. 18(3)

Footnote k
S.C. 2005, c. 10, s. 18(3)

Footnote l
R.S., c. C-46

Footnote m
S.C. 2005, c. 10, s. 18(3)

Footnote n
R.S., c. C-46

Footnote o
S.C. 2004, c. 15, s. 11(1)

Footnote p
R.S., c. A-2

Footnote q
S.C. 2004, c. 15, s. 11(1)

Footnote r
R.S., c. A-2

Footnote s
S.C. 2004, c. 15, s. 11(1)

Footnote t
R.S., c. A-2

Footnote u
S.C. 2004, c. 15, s. 11(1)

Footnote v
R.S., c. A-2