ARCHIVED — Vol. 148, No. 16 — April 19, 2014

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GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Whereas certain provisions of part 86 of Title 40 of the United States Code of Federal Regulations correspond to certain provisions of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (see footnote a);

And whereas certain provisions of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (see footnote b) are inconsistent with part 86 of Title 40 of the Code of Federal Regulations as amended by section 18 of the final rule in respect of greenhouse gas emission standards published on September 15, 2011 in volume 76 of the United States Federal Register, at page 57377, and by section 13 of the final rule in respect of greenhouse gas emission standards published on October 15, 2012 in volume 77 of the Federal Register, at page 63156;

Therefore, the Minister of the Environment, pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.

Gatineau, March 31, 2014

LEONA AGLUKKAQ
Minister of the Environment

INTERIM ORDER MODIFYING THE OPERATION OF THE PASSENGER AUTOMOBILE AND LIGHT TRUCK GREENHOUSE GAS EMISSION REGULATIONS

Interpretation

1. For greater certainty, words and expressions used in this Interim Order and defined in the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (in this Order referred to as the “Regulations”) have the same meaning as in those Regulations.

Emergency vehicles

2. (1) Despite section 10 of the Regulations, a company may, in respect of its passenger automobiles and light trucks of a given model year that are emergency vehicles, elect to be exempted from the requirement of conforming to the exhaust emission standards for nitrous oxide (N2O) and methane (CH4) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, if it reports that election in its end of model year report.

Emergency vehicles — fleets

(2) Despite subsection 8(1) of the Regulations, a company may, for the purposes of sections 10 and 13 to 40 of the Regulations, elect to exclude emergency vehicles from its fleets and its temporary optional fleets of passenger automobiles and light trucks of a given model year, if it reports that election in its end of model year report.

Emission standards — nitrous oxide

3. (1) For each test group in respect of which a company uses, for a given model year, an alternative emission standard for nitrous oxide (N2O) under section 1818(f)(3) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, the company must use the following formula and add the sum of the results for each test group, expressed in megagrams of CO2 equivalent, to the number of credits or deficits calculated in accordance with subsection 20(3) of the Regulations for the fleet to which the test group belongs:

Formula - Detailed information can be found in the surrounding text.

  • where
  • A is the total number of passenger automobiles or light trucks of the test group;
  • B is the exhaust emission standard for nitrous oxide (N2O) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the model year in question, expressed in grams per mile;
  • C is the alternative exhaust emission standard for nitrous oxide (N2O) to which the company has elected to certify the test group, expressed in grams per mile; and
  • D is the assumed total mileage of the vehicles in question, namely,
    • (a) 195,264 miles for a fleet of passenger automobiles, or
    • (b) 225,865 miles for a fleet of light trucks.

Emission standards — methane

(2) For each test group in respect of which a company uses, for a given model year, an alternative emission standard for methane (CH4) under section 1818(f)(3) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, the company must use the following formula and add the sum of the results for each test group, expressed in megagrams of CO2 equivalent, to the number of credits or deficits calculated in accordance with subsection 20(3) of the Regulations for the fleet to which the test group belongs:

Formula - Detailed information can be found in the surrounding text.

  • where
  • A is the total number of passenger automobiles or light trucks of the test group;
  • B is the exhaust emission standard for methane (CH4) set out in section 1818(f)(1) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR, for the model year in question, expressed in grams per mile;
  • C is the alternative exhaust emission standard for methane (CH4) to which the company has elected to certify the test group, expressed in grams per mile; and
  • D is the assumed total mileage of the vehicles in question, namely,
    • (a) 195,264 miles for a fleet of passenger automobiles, or
    • (b) 225,865 miles for a fleet of light trucks.

EXPLANATORY NOTE

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

Proposal

The Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (the Regulations), which came into force in September 2010, establish common greenhouse gas (GHG) emission requirements in Canada and the United States (U.S.) for companies that manufacture or import new passenger automobiles and light trucks (hereinafter referred to as light-duty vehicles) of the 2011 and later model years. The Regulations establish progressively more stringent GHG emission standards for new light-duty vehicles for the 2011 to 2016 model years.

Since September 2010, the U.S. Environmental Protection Agency (EPA), which is the U.S. agency responsible for regulating light-duty vehicle GHG emissions, has amended its regulations. While the vast majority of these amendments have been designed to serve as a post-model year 2016 regulatory regime, with progressively more stringent GHG emission standards for the 2017 to 2025 model years, some of these amendments impact the operation of the pre-2017 model year period.

The purpose of the Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (the Interim Order), made pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), is to maintain alignment of Canada’s Regulations with those of the United States with respect to the treatment of emergency vehicles (see footnote 1) and the options for complying with the emission standards for nitrous oxide (N2O) and methane (CH4). This Order, which is a renewal of a previous order made by the Minister of the Environment (the Minister) on April 12, 2013, will address this issue on a temporary basis until the amendments are finalized through publication in the Canada Gazette, Part II.

In December 2012, the proposed Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations were published in the Canada Gazette, Part I. (see footnote 2) The vast majority of this regulatory proposal would establish common GHG emission requirements in Canada and the United States for the 2017 and later model years; however, it also includes amendments so that it is aligned with the U.S. EPA treatment of emergency vehicles and the options for demonstrating compliance with the emission standards for N2O and CH4.

The Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations are targeted for publication in the Canada Gazette, Part II, later in spring 2014. Once the Regulations are published, there will be common Canada–United States requirements for light-duty vehicles for all future model years and these will be established on a permanent basis.

Treatment of emergency vehicles

The U.S. EPA’s Final Rule for light-duty vehicle GHG emissions for the 2017 and later model years — published in October 2012 (see footnote 3) — amended provisions related to the treatment of emergency vehicles for all model years following the publication. As amended, the U.S. EPA regulations provide regulated manufacturers of light-duty vehicles with the option of excluding emergency vehicles from calculations of both the fleet average carbon dioxide equivalent (CO2e) emission standards and fleet average carbon-related emission values. These vehicles are also not subject to the prescribed emission standards for N2O and CH4. The Interim Order provides Canadian companies that manufacture or import new light-duty vehicles with the same options related to the treatment of emergency vehicles.

Complying with emission standards for N2O and CH4

The U.S. EPA’s Final Rule for heavy-duty vehicle GHG emissions for the 2014 and later model years — published in September 2011 (see footnote 4) — amended provisions related to the light-duty vehicle emission standards for N2O and CH4. As amended, the U.S. EPA regulations provide regulated manufacturers of light-duty vehicles with the option of certifying vehicle test groups to emission levels that are higher (i.e. less stringent) than the prescribed standards. However, manufacturers that use this option must account for the higher emissions through the calculation of CO2e emission deficits, which must be included in calculations of fleet average emission performance. The Interim Order provides Canadian companies that manufacture or import new light-duty vehicles with the option to report, for test groups, N2O and/or CH4 emission values that are higher than the prescribed standard(s). However, companies that use this option must account for the higher emissions. This is consistent with the approach prescribed in the U.S. EPA regulations.

The Interim Order will, in accordance with subsection 163(3) of CEPA 1999, cease to have effect 14 days after it is made unless it is approved by the Governor in Council within that 14-day period. If approved, the Interim Order will, in accordance with subsection 163(5) of CEPA 1999, remain in force for a period of up to one year. It will cease to have effect when it is repealed or when the Regulations are amended to give effect to the Order, or one year after the Interim Order is made, whichever is earlier.

Objective

The primary objective of the Interim Order is to maintain alignment of Canada’s light-duty vehicle GHG emission regulations with those of the United States. Environment Canada believes that aligning these regulations with those of the U.S. EPA provides significant environmental and economic benefits while enhancing the competitiveness of the Canadian auto industry. Canada–United States regulatory alignment with respect to light-duty vehicle GHG emission is consistent with the objectives of the Canada-United States Regulatory Cooperation Council. It is anticipated that the Interim Order will have a negligible impact on the environmental outcomes of the Regulations; however, it will prevent unintended consequences of imposing different requirements on Canadian and U.S. companies.

The Interim Order temporarily modifies the operation of the Regulations with respect to the treatment of emergency vehicles and the options for complying with the emission standards for N2O and CH4 in order to maintain alignment between the Canadian and U.S. regulations.

In accordance with the Regulations, regulated companies are required to subject any passenger automobiles or light trucks that meet the conditions of an emergency vehicle to the prescribed emission standards, starting with the 2012 model year. Given the unique role that emergency vehicles play, there are numerous characteristics (e.g. horsepower, high accessory load) that reduce the ability of manufacturers to reduce emissions without compromising the utility of these vehicles.

The objective of this modification, which would provide regulated companies with the option to exclude emergency vehicles from compliance obligations, is to avoid the unintended consequences of negatively impacting the performance or utility of emergency vehicles.

The emission standards for N2O and CH4 established in the Regulations were set at a level intended to serve as a cap in order to prevent future increases in the emissions of these substances. These standards were not intended to lead to emission reductions or the application of new technologies.

In accordance with the Regulations, regulated companies have two compliance options: (1) demonstrate that all passenger automobiles and light trucks comprising their fleets emit lower than the prescribed emission levels for N2O and CH4; (see footnote 5) or (2) convert the N2O and CH4 emissions from all passenger automobiles and light trucks comprising their fleets into CO2e and adding the results to the carbon-related exhaust emission value. Some regulated companies have noted that certain models of vehicles in their existing fleets are challenged to meet the prescribed emission levels for N2O and CH4 and that there is no lead time to develop technological solutions. Therefore, they are required to comply using option (2), despite the fact that the vast majority of their vehicles meet the conditions of option (1). The use of option (2) is estimated to raise an affected company’s carbon-related exhaust emission value by 3 to 4 g of CO2e per mile. (see footnote 6)

The objective of this modification, which would provide regulated companies with the option to report, for individual test groups, N2O and CH4 emission values that are higher than the prescribed standards, is to avoid unintended increases in company carbon-related exhaust emission values as a result of having as few as one vehicle that is unable to comply with the prescribed emission standards.

Background

On October 13, 2010, Canada published the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations, which established light-duty vehicle GHG emission standards in Canada aligned with those in the United States.

On September 15, 2011, the U.S. EPA published an amendment to its light-duty vehicle GHG emission regulations that modified the options available to regulated companies for complying with the emission standards for N2O and CH4.

On October 15, 2012, the U.S. EPA published an amendment to its light-duty vehicle GHG emission regulations that modified the treatment of emergency vehicles in compliance obligations for regulated companies.

Implications

By providing regulated companies with the option of excluding emergency vehicles from compliance obligations, it is anticipated that these vehicles will continue to be designed to meet the necessary performance criteria demanded by the role that these vehicles play. On a national scale, the volume of new light-duty emergency vehicles entering the fleet on an annual basis is minor compared to the rest of the fleet of new vehicles. It is not anticipated that this will negatively impact the GHG emission reduction outcomes of the Regulations.

Providing regulated companies with the option to comply with the N2O and CH4 emission requirements by reporting emission levels higher than the prescribed standards and accounting for the higher emissions as CO2e will allow them to avoid the unintended increase of 3 to 4 g per mile in their carbon-related exhaust emission value. While this will lower the fleet average compliance obligation by this same amount, the N2O and CH4 emission standards are not intended to lead to reductions in the emissions of these substances. By requiring that companies convert higher emissions for individual model types into CO2e and include them in their carbon-related exhaust emission values, companies are still accountable for these higher emissions. Alignment with the U.S. EPA on light-duty vehicle emission regulations is a priority under the Canada-United States Regulatory Cooperation Council (RCC). This Interim Order is a commitment to the RCC work plan on light-duty vehicles.

Consultation

The two issues being addressed by this Interim Order were first communicated to Environment Canada by auto industry representatives through consultations on the development of the proposed Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations. Several meetings have taken place between Environment Canada and auto industry representatives in recent months to discuss the intent and content of this Interim Order. The auto industry is supportive of the modifications being made by this Interim Order because they maintain Canada–United States alignment.

On December 8, 2012, the proposed Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations were published in Part I of the Canada Gazette. The proposal included amendments to align with the U.S. EPA with respect to the treatment of emergency vehicles and the options for complying with the emission standards for N2O and CH4.

Contact

Mark Cauchi
Director
Transportation Division
Environment Canada
351 Saint-Joseph Boulevard, 13th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-994-3706
Fax: 819-953-7815
Email: GHGRegDev_Vehicles@ec.gc.ca

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 17554

Ministerial Condition

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

Whereas the Minister of the Environment and the Minister of Health have assessed information pertaining to the substance oxirane, 2-methyl-, polymer with oxirane, mono-C11-14-alkyl ethers, branched, sulfates, sodium salts, Chemical Abstracts Service No. 78355-51-8;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

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

LEONA AGLUKKAQ
Minister of the Environment

ANNEX

Conditions

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

1. The following definitions apply in these ministerial conditions:

“notifier” means the person who has, on February 14, 2014, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999.

“substance” means oxirane, 2-methyl-, polymer with oxirane, mono-C11-14-alkyl ethers, branched, sulfates, sodium salts, Chemical Abstracts Service No. 78355-51-8.

“waste” includes effluents resulting from rinsing vessels that contained the substance, process effluents that contain the substance and any residual amounts of the substance.

2. The notifier may import or manufacture the substance in accordance with the present ministerial conditions.

Restriction

3. The notifier may import or manufacture the substance to use it only in oil production operations or to transfer its physical possession or control to a person who will use it only in these operations.

4. At least 120 days prior to beginning manufacturing the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:

  • (a) the information specified in item 5 of Schedule 10 to the New Substances Notification Regulations (Chemicals and Polymers);
  • (b) the information specified in paragraph 11(c) of Schedule 11 to those Regulations;
  • (c) a brief description of the manufacturing process that details the reactants and monomers used, reaction stoichiometry, batch or continuous nature of the process and scale of the process;
  • (d) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers; and
  • (e) a brief description of the major steps in manufacturing operations, the chemical conversions, the points of entry of all reactants, the points of release of the substance and the processes to eliminate environmental releases.
Handling and Disposal of the Substance

5. The notifier or the person to whom the substance has been transferred must collect any waste in their physical possession or under their control and destroy or dispose of it in the following manner:

  • (a) on-shore deep well injection in accordance with the laws of the jurisdiction where the well is located;
  • (b) incineration in accordance with the laws of the jurisdiction where the incineration facility is located; or
  • (c) deposition in a secure landfill, in accordance with the laws of the jurisdiction where the landfill is located, if it cannot be destroyed or disposed of in accordance with paragraph (a) or (b).
Environmental Release

6. Where any release of the substance to the environment occurs other than an injection into a petroleum reservoir for the purposes of oil production, the person who has the physical possession or control of the substance shall immediately take all measures necessary to prevent any further release and to limit the dispersion of any release. Furthermore, the person shall, as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Canadian Environmental Protection Act, 1999.

Record-keeping Requirements

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

  • (a) the use of the substance;
  • (b) the quantity of the substance that the notifier manufactures, imports, purchases, sells and uses;
  • (c) the name and address of each person to whom the notifier transfers the physical possession or control of the substance; and
  • (d) the name and address of each person in Canada who has disposed of the substance or of waste for the notifier, the method used to do so and the quantities of the substance or waste shipped to that person.

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

Other Requirements

8. The notifier shall inform any person to whom they transfer the physical possession or control of the substance or of waste, in writing, of the terms of the present ministerial conditions. The notifier shall obtain, prior to any transfer of the substance or waste, written confirmation from this person that they were informed of the terms of the present ministerial conditions. This written confirmation shall be maintained at the notifier’s principal place of business in Canada for a period of at least five years from the day it was received.

Coming into Force

9. These ministerial conditions come into force on April 7, 2014.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to hydrofluorocarbons

Pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999, notice is hereby given that the Minister of the Environment requires, for the purpose of assessing whether to control or the manner in which to control the substances set out in Schedule 1 to this notice, any person described in Schedule 2 to this notice who possesses or who may reasonably be expected to have access to the information described in Schedule 3 to this notice, to provide that information no later than August 19, 2014, 5 p.m., Eastern Daylight Time.

Responses to this notice shall be submitted to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3. Inquiries concerning the notice may be directed to the Substances Management Coordinator at the above address or at 1-800-567-1999 (toll-free in Canada) or 819-953-7156 (outside of Canada) [telephone], or 819-953-7155 (fax), or substances@ec.gc.ca (email).

Pursuant to section 313 of the Act, any person who provides information in response to this notice may submit, with the information, a written request that the information or part of it be treated as confidential.

Pursuant to subsection 71(4) of the Act, the Minister of the Environment may, on request in writing from any person to whom this notice applies, extend the time or times within which the person shall comply with this notice. The person seeking such extension shall submit a request to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3, 819-953-7155 (fax), substances@ec.gc.ca (email).

VIRGINIA POTER
Director General
Chemicals Sector Directorate

DAVID MORIN
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

SCHEDULE 1

Substances

Hydrofluorocarbons that have the molecular formula CnHxF(2n+2-x) in which 0<n<6 including, but not limited to,

CAS RN (see note 1) Name of the substance Synonym (see note 2)
75-10-5 difluoromethane (methylene fluoride) HFC-32
75-37-6 1,1-difluoroethane HFC-152a
75-46-7 trifluoromethane HFC-23
353-36-6 fluoroethane (ethyl fluoride) HFC-161
354-33-6 1,1,1,2,2-pentafluoroethane HFC-125
359-35-3 1,1,2,2-tetrafluoroethane HFC-134
406-58-6 1,1,1,3,3-pentafluorobutane HFC-365mfc
420-46-2 1,1,1-trifluoroethane HFC-143a
430-66-0 1,1,2-trifluoroethane HFC-143
431-63-0 1,1,1,2,3,3-hexafluoropropane HFC-236ea
431-89-0 1,1,1,2,3,3,3-heptafluoropropane HFC-227ea
460-73-1 1,1,1,3,3-pentafluoropropane HFC-245fa
593-53-3 fluoromethane (methyl fluoride) HFC-41
624-72-6 1,2-difluoroethane HFC-152
677-56-5 1,1,1,2,2,3-hexafluoropropane HFC-236cb
679-86-7 1,1,2,2,3-pentafluoropropane HFC-245ca
690-39-1 1,1,1,3,3,3-hexafluoropropane HFC-236fa
811-97-2 1,1,1,2-tetrafluoroethane HFC-134a
2252-84-8 1,1,2,2,3,3,3-heptafluoropropane HFC-227ca
138495-42-8 1,1,1,2,2,3,4,5,5,5-decafluoropentane HFC-43-10mee

Note 1
CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.

Note 2
Synonyms are provided to assist in identifying the substances subject to the notice. Other synonyms may also exist for the substances.

SCHEDULE 2

Persons Required to Provide Information

  • 1. This notice applies to any person who, during any calendar year from 2008 to 2012, manufactured a total quantity greater than 100 kg of a substance set out in Schedule 1 to this notice, at a concentration equal to or above 1% by weight (w/w%).
  • 2. This notice applies to any person who, during any calendar year from 2008 to 2012, imported a total quantity greater than 100 kg of a substance set out in Schedule 1 to this notice, whether alone or in a mixture, at a concentration equal to or above 1% by weight (w/w%).
  • 3. This notice applies to any person who, during any calendar year from 2008 to 2012, exported a total quantity greater than 100 kg of a substance set out in Schedule 1 to this notice, whether alone or in a mixture, at a concentration equal to or above 1% by weight (w/w%).
  • 4. This notice does not apply to a substance set out in Schedule 1
    • (a) that is contained in
      • (i) mobile or stationary refrigeration systems,
      • (ii) mobile or stationary air conditioning systems,
      • (iii) aerosols,
      • (iv) foams,
      • (v) fire suppression systems, or
      • (vi) fire extinguishing systems; and
    • (b) that is in
      • (i) transit through Canada, or
      • (ii) a hazardous waste or hazardous recyclable material within the meaning of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations and that was imported from 2008 to 2012 pursuant to a permit issued under those Regulations.
  • 5. (1) Respondents to this notice who
    • (a) manufactured or imported the substance in Schedule 1 alone shall complete sections 3, 4 and 7 of Schedule 3;
    • (b) imported the substance in Schedule 1 in a mixture designated by a specific ASHRAE (see footnote 7) number (R-#) shall complete sections 3, 5 and 7 of Schedule 3;
    • (c) imported the substance in Schedule 1 in a mixture not designated by a specific ASHRAE number (R-#) shall complete sections 3, 6 and 7 of Schedule 3;
    • (d) exported the substance in Schedule 1 alone shall complete sections 3 and 4 of Schedule 3;
    • (e) exported the substance in Schedule 1 in a mixture designated by a specific ASHRAE number (R-#) shall complete sections 3 and 5 of Schedule 3; or
    • (f) exported the substance in Schedule 1 in a mixture not designated by a specific ASHRAE number (R-#) shall complete sections 3 and 6 of Schedule 3.
  • 5. (2) Where information required under Schedule 3 to this notice was submitted to Environment Canada for calendar years 2008 to 2010 through one of the voluntary data collection initiatives set out in subsection (3), it may be relied on as a response to questions 4 through 7 of Schedule 3 to this notice for a substance, for the calendar year(s) for which information was submitted, if the person provides the following information in the response to this notice:
    • (a) the substance(s) to which the submitted information relates;
    • (b) the name of the data collection initiative(s) set out in subsection (3); and
    • (c) the calendar year for which the information was submitted.
  • 5. (3) Subsection (2) applies to any person who provided information through the following voluntary data collection initiatives for a calendar year from 2008 to 2010:
    • (a) Collection of 2008 Data on Hydrofluorocarbons (HFCs) Sales and Uses, Greenhouse Gas Division;
    • (b) Collection of 2009 Data on Hydrofluorocarbons (HFCs) Sales and Uses, Greenhouse Gas Division; or
    • (c) Collection of 2010 Fluorocarbon Bulk Sales Data, and 2005–2010 Bulk Import, Bulk Export, and Stock Change, Pollutant Inventories and Reporting Division.

SCHEDULE 3

Information Required

1. The definitions in this section apply in this notice.

“manufacture” includes to produce or to prepare a substance.

“mixture” means a combination of substances that does not produce a substance that is different from the substances that were combined, including a prepared formulation, hydrate, and reaction mixture that are fully characterized in terms of their constituents.

2. If the person subject to the notice is a company who owns more than one facility, a single response to the notice shall be submitted. The single response shall amalgamate the information from all facilities owned by the company for each applicable question in the notice.

3. Persons to whom this notice applies shall provide the following information:

Notice with Respect to Hydrofluorocarbons Identification and Declaration Form

Identification
Name of the person (e.g. company): ____________________________________________________________________________
Canadian head office street address (and mailing address, if different from the street address):
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Federal business number (see note 3): ___________________________________________________________________________________
Contact name for CEPA 1999 section 71 notices: _________________________________________________________________
Title of the contact: _________________________________________________________________________________________
Contact’s mailing address (if different from above):
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Telephone number: _______________________________________ Fax number (if any): ________________________________
Email (if any): _____________________________________________________________________________________________
Request for confidentiality
Pursuant to section 313 of the Canadian Environmental Protection Act, 1999, I request that the following parts of the information that I am submitting be treated as confidential. (Specify the parts [e.g. sections, tables, previously submitted information] of the information that you request be treated as confidential.)
___________________________________________________________________________________________________
___________________________________________________________________________________________________
I do not request that the information that I am submitting be treated as confidential and I consent to it being released without restriction.
Previously submitted information
I have previously submitted information under the following voluntary data collection initiative(s) for the following substance(s) and calendar year(s):
___________________________________________________________________________________________________
___________________________________________________________________________________________________
 
I declare that the information that I am submitting is accurate and complete.
__________________________________________
Name (print)
__________________________________________
Title
__________________________________________
Signature
__________________________________________
Date of signature

Provide the information no later than August 19, 2014, 5 p.m. Eastern Daylight Time to the Minister of the Environment, to the attention of the Substances Management Coordinator
200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3
Email: Substances@ec.gc.ca
Telephone: 1-800-567-1999 (toll free in Canada) or 819-953-7156 (outside of Canada)
Fax: 819-953-7155
www.chemicalsubstanceschimiques.gc.ca

Note 3
The federal business number is a nine-digit registration number issued by the Canada Revenue Agency (CRA) to Canadian businesses that register for one or more of the following: corporate income tax, importer/exporter account number, payroll (source) deductions (trust accounts), or goods and services tax. This number can be found on all forms issued to a business by the CRA. The first nine digits that appear on these forms are the federal business number.

4. For each calendar year from 2008 to 2012 that a person manufactured, imported or exported a substance set out in Schedule 1 alone, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the year of reference;
  • (b) each available identifier of the substance:
    • (i) CAS RN,
    • (ii) name, or
    • (iii) synonym; and
  • (c) the quantity of the substance that was manufactured, imported or exported, reported in kilograms (rounded to two significant digits).
(a)
Year of reference
(b)
CAS RN, name of substance or synonym
(c)
Quantity of the substance in kg (rounded to two significant digits)
Manufactured Imported Exported
         
         
         

5. For each calendar year from 2008 to 2012 that a person imported or exported a substance set out in Schedule 1 in a mixture designated by a specific ASHRAE number (R-#), for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the year of reference;
  • (b) the ASHRAE number (R-#) of the mixture containing the substance(s) set out in Schedule 1; and
  • (c) the quantity of the mixture containing the substance(s) that was imported or exported, reported in kilograms (rounded to two significant digits).
(a)
Year of reference
(b)
ASHRAE number (R-#) of the mixture
(c)
Quantity of the mixture in kg (rounded to two significant digits)
Imported Exported
       
       
       

6. For each calendar year from 2008 to 2012 that a person imported or exported a substance set out in Schedule 1 in a mixture not designated by a specific ASHRAE number (R-#), for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the year of reference;
  • (b) each available identifier of the mixture, not designated by a specific ASHRAE number (R-#), containing the substance(s):
    • (i) name,
    • (ii) common or generic name, or
    • (iii) synonym;
  • (c) the quantity of the mixture containing the substance(s) that was imported or exported, reported in kilograms (rounded to two significant digits);
  • (d) each available identifier of the substance(s) set out in Schedule 1 contained in the mixture, at a concentration equal to or above 1% by weight (w/w%):
    • (i) CAS RN,
    • (ii) name, or
    • (iii) synonym; and
  • (e) for each substance listed in paragraph 6(d), the concentration, or range of concentrations, by weight (w/w%) in the mixture.
(a)
Year of reference
(b)
Name of mixture, common or generic name or synonym
(c)
Quantity of the mixture in kg (rounded to two significant digits)
(d)
CAS RN, name or synonym of each substance set out in Schedule 1 contained in the mixture
(e)
Concentration, or range of concentrations, of each substance listed in paragraph 6(d) in the mixture (w/w%)
Imported Exported
           
           
           

7. (1) For each calendar year from 2008 to 2012 that a person manufactured or imported a substance set out in Schedule 1, whether alone or in a mixture, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the year of reference;
  • (b) the CAS RN of the substance or the ASHRAE number (R-#) or name of the mixture;
  • (c) the end use codes set out in section 8 that apply to the substance or the mixture; and
  • (d) for each applicable end use code, the total quantity of the substance or the mixture that was sold to customers in Canada, reported in kilograms (rounded to two significant digits).

7. (2) If the substance was imported in a mixture designated by a specific ASHRAE number (R-#), the ASHRAE number of the mixture must be provided for paragraph 7(1)(b), and the total quantity sold of the mixture must be provided for paragraph 7(1)(d). If an ASHRAE number is not available, the name of the mixture must be provided for paragraph 7(1)(b), and the total quantity sold of the mixture must be provided for paragraph 7(1)(d).

7. (3) Where end use code 1.5, 2.4, 3.4, 4.4, 5.5, 6.5, 7.5, 8.3, 9.3 or 999 is applicable for paragraph (1)(c), a written description must be provided.

(a)
Year of reference
(b)
CAS RN of the substance or ASHRAE number (R-#) or name of the mixture
(c)
End use codes that apply to the substance or the mixture (set out in section 8)
(d)
For each applicable end use code, total quantity of the substance or the mixture that was sold to customers in Canada, reported in kg (rounded to two significant digits)
     
       
       

8. For the purpose of section 7, the following table sets out the end use codes and their corresponding applications:

End Use Codes and Corresponding Applications
End use code End use application
  Aerosol
1.1
  • Personal care, pharmaceutical and medical product
1.2
  • Household product
1.3
  • Laboratory product
1.4
  • Commercial/industrial product
1.5
  • Other aerosol (specify)
  Blowing agent in foams
2.1
  • Cushioning — automobiles and other (furniture, mattresses, etc.)
2.2
  • Thermal insulation
2.3
  • Packaging
2.4
  • Other foams (specify)
  Air conditioning (original equipment manufacture)
3.1
  • Air conditioner units in motor vehicles
3.2
  • Chillers (specify centrifugal or reciprocating)
3.3
  • Residential (air conditioners, dehumidifiers, etc.)
3.4
  • Other air conditioning (original equipment manufacture) [specify]
  Air conditioning (service/maintenance)
4.1
  • Air conditioner units in motor vehicles
4.2
  • Chillers (specify centrifugal or reciprocating)
4.3
  • Residential (air conditioners, dehumidifiers, etc.)
4.4
  • Other air conditioning (service/maintenance) [specify]
  Refrigeration (original equipment manufacture)
5.1
  • Commercial transport
5.2
  • Commercial and institutional (retail foods, vending machines, etc.)
5.3
  • Industrial (warehouses, process equipment, etc.)
5.4
  • Residential (freezers, refrigerators, etc.)
5.5
  • Other refrigeration (original equipment manufacture) (specify)
  Refrigeration (service/maintenance)
6.1
  • Commercial transport
6.2
  • Commercial and institutional (retail foods, vending machines, etc.)
6.3
  • Industrial (warehouses, processes, etc.)
6.4
  • Residential (refrigerators, freezers, etc.)
6.5
  • Other refrigeration (service/maintenance) [specify]
  Solvent
7.1
  • Electronic industry
7.2
  • Metal cleaning/drying
7.3
  • Dry cleaning
7.4
  • Laboratory solvent
7.5
  • Other solvent (specify)
  Fire suppression/extinguishing systems (original equipment manufacture)
8.1
  • Portable (mobile) systems
8.2
  • Total flooding (fixed) systems
8.3
  • Other fire suppression/extinguishing systems (original equipment manufacture) [specify]
  Fire suppression/Extinguishing systems (service/maintenance)
9.1
  • Portable (mobile) systems
9.2
  • Total flooding (fixed) systems
9.3
  • Other fire suppression/extinguishing systems (service/maintenance) [specify]
  Miscellaneous
10.1
  • Hospital/institutional sterilizing mixtures
10.2
  • Leak testing
999 Other (specify) — For a substance with an application not otherwise described in this table, a written description of the substance application must be provided when using this code.

EXPLANATORY NOTE

(This note is not part of the notice.)

The Montreal Protocol on Substances that Deplete the Ozone Layer was signed on September 16, 1987, in Montréal, Quebec. It is credited with major accomplishments in reducing the consumption and production of ozone-depleting substances (ODS) globally. Hydrofluorocarbons (HFCs) were considered as long-term substitutes to ODS. As a result, HFCs are increasingly used in applications that traditionally used ODS. Although it is recognized that HFCs are not ODS, their increased use is a direct consequence of the implementation of the Montreal Protocol.

In June 1992, Canada was one of over 150 countries to sign the United Nations Framework Convention on Climate Change (UNFCCC) at the United Nations Conference on Environment and Development (Earth Summit) held in Rio de Janeiro. Canada became the eighth country to ratify the Convention, which entered into force on March 21, 1994. The Convention sets an objective of stabilizing greenhouse gas concentrations in the atmosphere at a level that prevents dangerous human-induced interference with the earth’s climate system. HFCs, a class of compounds with high global-warming potential, are included as one of the six key greenhouse gases covered under the UNFCCC.

Since 2009, Canada, in collaboration with the United States and Mexico, has been promoting the control of HFCs under the Montreal Protocol by co-sponsoring a proposal to amend the Protocol to incorporate a phase-down of HFCs in both developed and developing countries. This proposal would build on the historical experience of the Montreal Protocol with respect to HFCs, enhance actions on ozone-depleting substances and complement efforts under the UNFCCC to address climate change.

This notice requires information on HFCs for the 2008 to 2012 calendar years. The information will help the Government of Canada to better define current applications and quantities of these substances to inform Canada’s position on potential control strategies, including at the international level.

Pursuant to subsection 71(3) of the Canadian Environmental Protection Act, 1999, every person to whom this notice applies is required to comply with this notice within the time specified in the notice. The time specified in this notice is August 19, 2014, 5 p.m. Eastern Daylight Saving Time.

Persons not subject to this notice who have a current or future interest in a substance set out in Schedule 1 to this notice may identify themselves as a “stakeholder” for the substance by completing the voluntary Declaration of Stakeholder Interest. The person will be included in future mailings regarding these substances and may be contacted for further information regarding their interest in these substances. This form is available via Environment Canada’s Single Window on the Chemical Substances Web site at www.chemicalsubstanceschimiques.gc.ca.

Persons who do not meet the requirements to respond and have no commercial interest in the substances covered by this notice may submit a Declaration of Non-Engagement for the notice. The form is available via Environment Canada’s Single Window from the Chemical Substances Web site at www.chemicalsubstanceschimiques.gc.ca.

The Minister of the Environment is also inviting interested stakeholders to submit additional information that is deemed beneficial. Organizations that may be interested in submitting additional information in response to this invitation include those that manufacture, import, export or use these substances, whether alone, in a mixture or in a product or a manufactured item.

Compliance with the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”) is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. Amendments to the fine scheme of the Act came into force on June 22, 2012. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence under the Act. Offences include failing to comply with an obligation arising from the Act and providing false or misleading information. Penalties for offences can result, upon conviction (either summary conviction or indictment), of fines of not more than $12 million, imprisonment for a term of not more than three years, or both.

The current text of the Act, including the most recent amendments, is available on the Department of Justice’s Internet site: http://laws-lois.justice.gc.ca/eng/acts/C-15.31/.

The Act is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999, available at www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5082BFBE-1. Suspected violations under the Act can be reported to the Enforcement Branch by email at environmental.enforcement@ec.gc.ca.

The information must be provided no later than August 19, 2014, 5 p.m. Eastern Daylight Time, to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3, substances@ec.gc.ca (email), 1-800-567-1999 (toll-free in Canada) or 819-953-7156 (outside of Canada), 819-953-7155 (fax). An electronic copy of this notice is available at the following Web site: www.chemicalsubstanceschimiques.gc.ca.

[16-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2014-87-03-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999 (see footnote d), the Minister of the Environment has added the substance referred to in the annexed Order to the Domestic Substances List (see footnote e);

Therefore, the Minister of the Environment, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999 (see footnote f), makes the annexed Order 2014-87-03-02 Amending the Non-domestic Substances List.

Gatineau, April 7, 2014

LEONA AGLUKKAQ
Minister of the Environment

ORDER 2014-87-03-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part I of the Non-domestic Substances List (see footnote 8) is amended by deleting the following:

68605-80-1

COMING INTO FORCE

2. This Order comes into force on the day on which Order 2014-87-03-01 Amending the Domestic Substances List comes into force.

[16-1-o]

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Eastern Canada Response Corporation Ltd.

Notice of an amendment to the bulk oil cargo fees applicable to the Quebec/Maritimes Region, the Newfoundland Region and the Great Lakes Region charged by Eastern Canada Response Corporation Ltd. pursuant to an arrangement required by paragraphs 167(1)(a) and 168(1)(a) of the Canada Shipping Act, 2001

Description

Eastern Canada Response Corporation Ltd. (ECRC) is currently a certified response organization pursuant to subsection 169(1) of the Act in respect of a rated capability of 10 000 tonnes and a geographic area covering the Canadian waters south of 60° north latitude in the provinces of Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan and Alberta, excluding the waters in the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia. It includes but is not limited to the waters of the Atlantic Provinces, the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec, including the St. Lawrence River, and the waters of the Canadian Great Lakes system and connecting channels within the province of Ontario, including Lake Superior, St. Mary’s River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River, the waters of Lake Winnipeg, the waters of the Athabasca River from Fort McMurray to Lake Athabasca and the waters of Lake Athabasca.

Definitions

1. In this notice of fees,

“Act” means the Canada Shipping Act, 2001. (Loi)

“asphalt” means a derivate of oil that is commercially described as road or paving asphalt or unblended roofers flux, that has a specific gravity equal to or greater than one, that is solid at 15 °C and that sinks to the bottom as a solid when immersed in water. (asphalte)

“Atlantic Provinces” means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland including Labrador. (provinces de l’Atlantique)

“BOCF” means bulk oil cargo fee. (DCPV)

“ECRC” means Eastern Canada Response Corporation Ltd., a company formed as a result of the amalgamation of Eastern Canada Response Corporation Ltd., Great Lakes Response Corporation of Canada and Canadian Marine Response Management Corporation, effective January 1, 1999. (SIMEC)

“Great Lakes Region” means the area covered by the Canadian Great Lakes system and connecting channels within the province of Ontario, including Lake Superior, St. Mary’s River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River from Kingston, Ontario, to a line drawn between Butternut Bay (latitude 44°31.12′ N and longitude 75°46.54′ W) on the Canadian side to Oak Point (latitude 44°30.48′ N and longitude 75°45.20′ W) on the U.S. side of the St. Lawrence River, Lake Winnipeg, the Athabasca River from Fort McMurray to Lake Athabasca and the waters of Lake Athabasca. (région des Grands Lacs)

“Newfoundland Region” means the province of Newfoundland and Labrador. (région de Terre-Neuve)

“oil handling facility” means an oil handling facility that is located in ECRC’s geographic area. (installation de manutention d’hydrocarbures)

“Quebec/Maritimes Region” means the area covered by the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec and that portion of the St. Lawrence River in the province of Ontario to a line drawn between Butternut Bay (latitude 44°31.12′ N and longitude 75°46.54′ W) on the Canadian side to Oak Point (latitude 44°30.48′ N and longitude 75°45.20′ W) on the U.S. side of the St. Lawrence River and in the Atlantic Provinces, excluding the waters north of the 60th parallel of latitude and the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia, excluding Newfoundland and Labrador. (région des Maritimes/du Québec)

“ship” means a ship within the meaning of paragraph 167(1)(a) of the Act. (navire)

“ship (bulk oil)” means a ship that is constructed or adapted primarily to carry bulk oil in its cargo spaces. [navire (avec produits pétroliers en vrac)]

Bulk Oil Cargo Fees

2. This part applies to the loading and unloading of oil at oil handling facilities located in each of the following regions.

Quebec/Maritimes Region

3. The total BOCF payable by an oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the oil handling facility by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part.

4. The total BOCF payable by a ship (bulk oil) shall be determined,

  • (a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part; and
  • (b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part.

5. The BOCF applicable in respect of oil other than asphalt is

  • (a) an amended fee of twelve and nine tenths cents (12.9¢) per tonne, plus all applicable taxes from January 1, 2014, to December 31, 2014; and
  • (b) an amended fee of twenty-seven and five tenths cents (27.5¢) per tonne, plus all applicable taxes from January 1, 2015.

6. The BOCF applicable in respect of asphalt is

  • (a) an amended fee of six and forty-five hundredths cents (6.45¢) per tonne, plus all applicable taxes from January 1, 2014, to December 31, 2014; and
  • (b) an amended fee of thirteen and seventy-five hundredths cents (13.75¢) per tonne, plus all applicable taxes from January 1, 2015.
Newfoundland Region

7. The total BOCF payable by an oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the oil handling facility by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part.

8. The total BOCF payable by a ship (bulk oil) shall be determined,

  • (a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part; and
  • (b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 9 and 10 of this part.

9. The BOCF applicable in respect of oil other than asphalt is

  • (a) an amended fee of nine cents (9.0¢) per tonne, plus all applicable taxes from January 1, 2014, to December 31, 2014; and
  • (b) an amended fee of ten cents (10.0¢) per tonne, plus all applicable taxes from January 1, 2015.

10. The BOCF applicable in respect of asphalt is

  • (a) an amended fee of four and five-tenths cents (4.5¢) per tonne, plus all applicable taxes from January 1, 2014, to December 31, 2014; and
  • (b) an amended fee of five cents (5.0¢) per tonne, plus all applicable taxes from January 1, 2015.
Great Lakes Region

11. The total BOCF payable by an oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the oil handling facility by the BOCF per tonne for each type of oil set out in sections 13 and 14 of this part.

12. The total BOCF payable by a ship (bulk oil) shall be determined

  • (a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 13 and 14 of this part; and
  • (b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC by the BOCF per tonne for each type of oil set out in sections 13 and 14 of this part.

13. The BOCF applicable in respect of oil other than asphalt is

  • (a) an amended fee of thirty-eight cents (38.0¢) per tonne, plus all applicable taxes, from January 1, 2014, to December 31, 2014; and
  • (b) an amended fee of sixty-three cents (63.0¢) per tonne, plus all applicable taxes, from January 1, 2015.

14. The BOCF applicable in respect of asphalt is

  • (a) an amended fee of nineteen cents (19.0¢) per tonne, plus all applicable taxes, from January 1, 2014, to December 31, 2014; and
  • (b) an amended fee of thirty-one and five-tenths cents (31.5¢) per tonne, plus all applicable taxes, from January 1, 2015.

Interested persons may, within 30 days after the date of publication of this notice, send comments to Paul Pouliotte, Eastern Canada Response Corporation Ltd., 275 Slater Street, Suite 1201, Ottawa, Ontario K1P 5H9, 613-230-7369 (telephone), 613-230-7344 (fax), ppouliotte@ecrc.ca (email), or file a notice of objection that contains the reasons for the objection with the Manager, Environmental Response Systems, Marine Safety, Transport Canada, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8, 613-990-9414 (telephone), 613-993-8196 (fax), andre.laflamme@tc.gc.ca (email). All such representations must cite the Canada Gazette, Part I, the name of the response organization submitting the list of proposed fees, and the date of publication of the notice of proposed fees.

[16-1-o]

DEPARTMENT OF TRANSPORT

NAVIGABLE WATERS PROTECTION ACT

Order Amending the Minor Works and Waters (Navigable Waters Protection Act) Order

The Minister of Transport, pursuant to subsection 13(1) (see footnote g) of the Navigable Waters Protection Act (see footnote h), makes the annexed Order Amending the Minor Works and Waters (Navigable Waters Protection Act) Order.

Ottawa, March 31, 2014

LISA RAITT
Minister of Transport

ORDER AMENDING THE MINOR WORKS AND WATERS (NAVIGABLE WATERS PROTECTION ACT) ORDER

AMENDMENTS

1. (1) The definitions “berm” and “high-water mark” in section 1 of the Minor Works and Waters (Navigable Waters Protection Act) Order (see footnote 9) are repealed.

(2) The definitions “petit quai” and “plan d’eau navigable cartographié” in section 1 of the French version of the Order are repealed.

(3) The definition “charted navigable waters” in section 1 of the English version of the Order is replaced by the following:

“charted navigable water”
« eaux navigables cartographiées »

“charted navigable water” means navigable waters for which navigation charts are produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration.

(4) The marginal note to the definition “dock” in section 1 of the English version of the Order is amended by replacing “petit quai” with “quai”.

(5) Section 1 of the Order is amended by adding the following in alphabetical order:

“ice breaker”
« brise-glace »

“ice breaker” means a vessel that is specially constructed or modified for the purpose of navigating through ice.

“pipeline”
« pipeline »

“pipeline” includes a conduit that contains wires or pipes.

(6) Section 1 of the French version of the Order is amended by adding the following in alphabetical order:

« eaux navigables cartographiées »
charted navigable water

« eaux navigables cartographiées » Eaux navigables pour lesquelles des cartes de navigation sont produites par le Service hydrographique du Canada ou la National Oceanic and Atmospheric Administration.

« quai »
dock

« quai » S’entend notamment d’un môle ou d’une jetée.

2. The heading before section 2 and sections 2 to 14 of the Order are replaced by the following:

TERMS AND CONDITIONS

Imposed under paragraph 13(1)(b) of Act

2. Subsections 3(4) to (8), 4(3) to (6), 5(3) to (7), 6(3) to (9), 7(3) to (11), 8(3) to (11), 9(3) to (5), 11(4) to (8), 12(3) to (8) and 13(4) and (5) are terms and conditions imposed under paragraph 13(1)(b) of the Act.

CLASSES OF WORKS

EROSION-PROTECTION WORKS

Definitions

3. (1) The following definitions apply in this section.

“erosion-protection works”
« ouvrages de protection contre l’érosion »

“erosion-protection works” means shoreline-stabilization, riprap or bank-protection works.

“groyne” or “spur”
« épi » ou « éperon »

“groyne” or “spur” means a structure built out from the bank of a navigable water in a direction transverse to the current in order to prevent erosion of the bank.

“riprap”
« enrochement »

“riprap” means a layer of stones or rocks placed irregularly on a slope or a bank of a navigable water in order to protect the slope or bank against scouring or erosion.

“shoreline-stabilization”
« stabilisation des rives »

“shoreline-stabilization” means stones, rocks, concrete, logs or other common building materials, or living plants, placed in order to protect the shores of a navigable water from erosion.

Class established

(2) Erosion-protection works are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works are integrated with and parallel to the existing or natural shoreline or bank;
  • (b) the base of the works is 5 m or less from the high-water mark;
  • (c) the vertical to horizontal slope of the works from the navigable water is greater than 33%;
  • (d) the works are not associated with an existing or proposed structure, including a bridge, boom, dam or road, across the navigable water; and
  • (e) the works do not include groynes, spurs or other devices to deflect the current.

Temporary works — class established

(3) Temporary works that are required for the construction or placement of works of the class established by subsection (2) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works

  • (a) are in, on, over, under, through or across a navigation channel; or
  • (b) cross more than halfway from one side of the navigable water to the other side.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (2) or (3), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site; and
  • (b) in the case of a river, a stream, a creek or similar navigable water that, when measured from the ordinary high-water mark on one side of the navigable water to the ordinary high-water mark on the other side, is of a width set out in column 1 of the table to this subsection, signs stating “Construction Ahead” and “Travaux de construction” that are legible from at least 50 m are in place, upstream and downstream from the work site, at the minimum distance set out in column 2.

TABLE

Item Column 1

Width of Navigable Water
Column 2

Minimum Distance
1. Less than 10 m 25 m
2. 10 m or more but less than 20 m 50 m
3. 20 m or more but less than 50 m 100 m
4. 50 m or more 200 m

During construction or placement of temporary works

(5) During the construction or placement of works of the class established by subsection (3), the owner of the works must ensure that

  • (a) if the works are on or over a navigable water, the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at any other location on the works so that the lights are spaced not more than 30 m apart, if the works are more than 30 m in length; and
  • (b) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(6) The owner of works of the class established by subsection (3) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Restoration of contours

(7) The owner of works of the class established by subsection (2) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (3); or
  • (b) the removal of works of the class established by subsection (3).

Works in disrepair

(8) If works of the class established by subsection (2) become a danger to navigation because of disrepair, the owner of the works must immediately repair the works so that they are no longer a danger to navigation.

DOCKS AND BOATHOUSES

Class established

4. (1) Docks and boathouses are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works are not within 5 m of the adjoining property lines at the ordinary high water mark;
  • (b) the works are not within 10 m of a dock, boathouse or other structure that is in, on, over, through or across the navigable water and that is not owned by the owner of the works;
  • (c) in the case of a charted navigable water, the works are not within 30 m of a navigation channel;
  • (d) the works do not extend further in, on or over the navigable water than any other structure within 100 m of the works;
  • (e) the works do not, when measured from the ordinary high-water mark, extend horizontally more than 30 m into, onto, over, through or across the navigable water;
  • (f) the works do not cross more than halfway from one side of the navigable water to the other side;
  • (g) the works are not associated with any other proposed works that are not of a class established by this Order; and
  • (h) the works are not used for float planes or other aircraft equipped with floats.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works

  • (a) are in, on, over, under, through or across a navigation channel; or
  • (b) cross more than halfway from one side of the navigable water to the other side.

During construction or placement

(3) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site;
  • (b) if the works are on or over a navigable water, that the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at any other location on the works so that the lights are spaced not more than 30 m apart, if the works are more than 30 m in length; and
  • (c) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(4) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Restoration of contours

(5) The owner of works of the class established by subsection (1) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (2); or
  • (b) the removal of works of the class established by subsection (2).

Works in disrepair

(6) If works of the class established by subsection (1) become a danger to navigation because of disrepair, the owner of the works must immediately

  • (a) repair the works so that they are no longer a danger to navigation; or
  • (b) remove the works.
BOAT RAMPS, SLIPWAYS AND LAUNCH RAMPS

Class established

5. (1) Boat ramps, slipways and launch ramps that are not marine railways are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works are not within 5 m of the adjoining property lines at the ordinary high-water mark; and
  • (b) the works are not associated with any other proposed works that are not of a class established by this Order.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works

  • (a) are in, on, over, under, through or across a navigation channel; or
  • (b) cross more than halfway from one side of the navigable water to the other side.

During construction or placement

(3) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site.

During construction or placement of temporary works

(4) During the construction or placement of works of the class established by subsection (2), the owner of the works must ensure that

  • (a) if the works are on or over a navigable water, the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at any other location on the works so that the lights are spaced not more than 30 m apart, if the works are more than 30 m in length; and
  • (b) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(5) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Restoration of contours

(6) The owner of works of the class established by subsection (1) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (2); or
  • (b) the removal of works of the class established by subsection (2).

Works in disrepair

(7) If works of the class established by subsection (1) become a danger to navigation because of disrepair, the owner of the works must immediately

  • (a) repair the works so that they are no longer a danger to navigation; or
  • (b) remove the works.
AERIAL CABLES — POWER AND TELECOMMUNICATION

Class established

6. (1) Aerial cables that are over or across a navigable water and that are only for power or telecommunication purposes, and the associated structures and equipment, are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the width of the navigable water at the site of the crossing is less than 30 m when measured from the ordinary high-water mark on one side of the navigable water to the ordinary high-water mark on the other side;
  • (b) the works are not over or across a lake or tidal waters;
  • (c) the works are not over or across a canal that is accessible to the public;
  • (d) the works do not include towers or poles within the area between the ordinary high-water marks on each side of the navigable water; and
  • (e) the works meet the requirements of section 5.3.3.2 of Overhead Systems, CAN/CSAC22.3 No. 1-10, as amended from time to time.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, under, through or across a navigation channel.

Prior notification of Canadian Coast Guard

(3) If works of the class established by subsection (2) are in a charted navigable water, the owner of the works must, at least 48 hours before the construction or placement of the works starts, in writing notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which construction or placement of the works is expected to start.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site;
  • (b) in the case of a river, a stream, a creek or similar navigable water, that signs stating “Construction Ahead” and “Travaux de construction” that are legible from at least 50 m are in place 50 m upstream and downstream from the work site; and
  • (c) that any cables that are in, on, over, under, through or across the navigable water are not left unattended or unsupervised unless they meet the requirements referred to in paragraph (1)(e) or are lying on the bed of the water.

Removal of temporary works

(5) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Notification of Canadian Coast Guard on removal

(6) If works of the class established by subsection (2) are in a charted navigable water, on removal of the works the owner of the works must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre that the works have been removed.

Notification of Canadian Hydrographic Service on completion

(7) If works of the class established by subsection (1) are over or across a charted navigable water, on completion of the construction or placement of the works the owner of the works must, in writing, notify the Canadian Hydrographic Service that the works have been constructed or placed.

Maintenance

(8) The owner of works of the class established by subsection (1) must ensure that the works continue to meet the requirements referred to in paragraph (1)(e).

Works in disrepair

(9) If works of the class established by subsection (1) become a danger to navigation because of disrepair, the owner of the works must immediately

  • (a) repair the works so that they are no longer a danger to navigation; or
  • (b) remove the works.

Effective date of amendments

(10) An amendment to one language version of section 5.3.3.2 of Overhead Systems, CAN/CSA-C22.3 No. 1-10, is not incorporated until the corresponding amendment is made to the other language version.

SUBMARINE CABLES — POWER AND TELECOMMUNICATION

Class established

7. (1) Submarine cables that are only for power or telecommunication purposes are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works lie on or under the bed of the navigable water;
  • (b) the works do not extend vertically above the bed of the navigable water more than
    • (i) in the case of a navigable water of less than 15 m in depth, when measured from the ordinary high-water mark, 5% of the depth of the water when measured from the ordinary high-water mark, or
    • (ii) in any other case, 1 m;
  • (c) the works are not across the entrance to any port, including any marina;
  • (d) the works are not in a dredged channel or area with maintained depth; and
  • (e) the works are not in an area that is identified as an anchorage area on a Canadian Hydrographic Service or National Oceanic and Atmospheric Administration chart.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, over, under, through or across a navigation channel.

Prior notification of Canadian Coast Guard

(3) If works of the class established by subsection (2) are in a charted navigable water, the owner of the works must, at least 48 hours before the construction or placement of the works starts, in writing notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which construction or placement of the works is expected to start.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure that vessels can navigate safely through the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site.

During construction or placement of temporary works

(5) During the construction or placement of works of the class established by subsection (2), the owner of the works must ensure, that if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are

  • (a) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length;
  • (b) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length;
  • (c) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length; or
  • (d) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(6) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Notification of Canadian Hydrographic Service on completion

(7) If works of the class established by subsection (1) are over or across a charted navigable water, on completion of the construction or placement of the works the owner of the works must, in writing, notify the Canadian Hydrographic Service that the works have been constructed or placed.

Notification of Canadian Coast Guard on removal

(8) If works of the class established by subsection (2) are in a charted navigable water, on removal of the works the owner of the works must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre that the works have been removed.

Restoration of contours

(9) The owner of works of the class established by subsection (1) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (2), or
  • (b) the removal of works of the class established by subsection (2).

Re-laying works

(10) Subject to subsection (11), if works of the class established by subsection (1) no longer lie on or under the bed of the navigable water, the owner of the works must, as soon as feasible,

  • (a) re-lay the works so that they lie on or under the bed; or
  • (b) remove the works.

Dangers to navigation

(11) The owner must immediately take the action referred to in subsection (10) if the works become a danger to navigation because they no longer lie on or under the bed of the navigable water.

PIPELINES BURIED UNDER THE BED OF NAVIGABLE WATER

Class established

8. (1) Pipelines that are buried under the bed of a navigable water and that are built or placed using a trenched method are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the width of the navigable water at the site of the crossing is less than 50 m when measured from the ordinary high-water mark on one side of the navigable water to the ordinary high-water mark on the other side; and
  • (b) the construction or placement of the works is completed within two weeks after the day on which construction or placement of the works started.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works include or consist of cables that do not lie on the bed of the navigable water.

Prior notification of Canadian Coast Guard

(3) If works of the class established by subsection (2) are in a charted navigable water, the owner of the works must, at least 48 hours before the construction or placement of the works starts, in writing notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which construction or placement of the works is expected to start.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site; and
  • (b) if the works are under a river, a stream, a creek or similar navigable water that, when measured from the ordinary high-water mark on one side of the navigable water to the ordinary high-water mark on the other side, is of a width set out in column 1 of the table to this subsection, that signs stating “Construction Ahead” and “Travaux de construction” that are legible from at least 50 m are in place, upstream and downstream from the work site, at the minimum distance set out in column 2.
TABLE
Item Column 1

Width of Navigable Water
Column 2

Minimum Distance
1. Less than 10 m 25 m
2. 10 m or more but less than 20 m 50 m
3. 20 m or more but less than 50 m 100 m

During construction or placement of temporary works

(5) During the construction or placement of works of the class established by subsection (2), the owner of the works must ensure that

  • (a) if the works are on, over or across a navigable water, the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at any other location on the works so that the lights are spaced not more than 30 m apart, if the works are more than 30 m in length; and
  • (b) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(6) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Notification of Canadian Hydrographic Service on completion

(7) If works of the class established by subsection (1) are under the bed of a charted navigable water, on completion of the construction or placement of the works the owner of the works must, in writing, notify the Canadian Hydrographic Service that the works have been constructed or placed.

Notification of Canadian Coast Guard on removal

(8) If works of the class established by subsection (2) are in a charted navigable water, on removal of the works the owner of the works must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre that the works have been removed.

Restoration of contours

(9) The owner of works of the class established by subsection (1) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (2); or
  • (b) the removal of works of the class established by subsection (2).

Re-laying works

(10) Subject to subsection (11), if works of the class established by subsection (1) no longer lie on or under the bed of the navigable water, the owner of the works must, as soon as feasible,

  • (a) re-lay the works so that they lie on or under the bed; or
  • (b) remove the works.

Dangers to navigation

(11) The owner must immediately take the action referred to in subsection (10) if the works become a danger to navigation because they no longer lie on or under the bed of the navigable water.

PIPELINES AND POWER OR COMMUNICATION CABLES ATTACHED TO EXISTING WORKS

Class established

9. (1) Pipelines and cables that are attached to an existing work that was approved under the Act or is referred to in subsection 4(1) or (2) or section 8 of the Act, are established as a class of works for the purposes of subsection 5.1(1) of the Act if the works do not increase the interference with navigation caused by the existing work.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, under, through or across a navigation channel.

During construction or placement

(3) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site;
  • (b) if the works are on, over or across a navigable water, that the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at any other location on the works so that the lights are spaced not more than 30 m apart, if the works are more than 30 m in length; and
  • (c) in the case of a river, a stream, a creek or similar navigable water, that signs stating “Construction Ahead” and “Travaux de construction” that are legible from at least 50 m are in place 50 m upstream and downstream from the work site.

Removal of temporary works

(4) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Works in disrepair

(5) If works of the class established by subsection (1) become a danger to navigation because of disrepair, the owner of the works must immediately

  • (a) repair the works so that they are no longer a danger to navigation; or
  • (b) remove the works.
WORKS WITHIN A BOOMED-OFF AREA UPSTREAM OR DOWNSTREAM OF AN EXISTING WORK FOR WATER CONTROL

Class established

10. Works within a boomed-off area upstream or downstream of an existing work for water control are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the existing work for water control was approved under the Act or is referred to in subsection 4(1) or (2) of the Act;
  • (b) the boom was approved under the Act or is referred to in subsection 4(1) or (2) of the Act;
  • (c) the works do not adversely affect the efficacy of the boom;
  • (d) the works do not alter the level or flow of the navigable water;
  • (e) the works are not related to rebuilding or alterations to the boom or the existing work for water control; and
  • (f) the owner of the works is also the owner of the boom or the existing work for water control.
OUTFALLS AND WATER INTAKES

Definitions

11. (1) The following definitions apply in this section.

“crib”
« encoffrement »

“crib” means pieces of timber affixed together to form bays or cells that are filled with stones or concrete.

“headpond”
« bassin d’amont »

“headpond” means a reservoir of water created by the construction of a dam or weir.

“outfall”
« émissaire »

“outfall” does not include a diffuser-type outfall.

“weir”
« déversoir »

“weir” means a low dam or barrier that raises the level or diverts the flow of a navigable water.

Class established

(2) Outfalls and water intakes are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works do not include a crib or other outfall or intake structure, such as a fish screen, an anchor, a collar or a weight, that extends vertically above the bed of the navigable water more than
    • (i) in the case of a navigable water of less than 15 m in depth when measured from the ordinary high-water mark, 5% of the depth of the water when measured from the ordinary high-water mark, or
    • (ii) in any other case, 1 m;
  • (b) the works do not alter the level or flow of the navigable water;
  • (c) in the case of a charted navigable water, the works are not within 30 m of a navigation channel; and
  • (d) the works are not associated with a dam, weir or headpond, including a proposed dam, weir or headpond.

Temporary works

(3) Temporary works that are required for the construction or placement of works of the class established by subsection (2) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, over, under, through or across a navigation channel.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (2) or (3), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site; and
  • (b) that no floating pipes are left unattended or unsupervised.

Removal of temporary works

(5) The owner of works of the class established by subsection (3) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Restoration of contours

(6) The owner of works of the class established by subsection (2) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (3); or
  • (b) the removal of works of the class established by subsection (3).

Re-laying piping

(7) Subject to subsection (8), if the piping of works of the class established by subsection (2) no longer lies on the bed of the navigable water, the owner of the works must, as soon as feasible,

  • (a) re-lay the piping so that it lies on the bed; or
  • (b) remove the works.

Dangers to navigation

(8) The owner must immediately take the action referred to in subsection (7) if the piping becomes a danger to navigation because it no longer lies on the bed of the navigable water.

DREDGING

Class established

12. (1) Dredging is established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works are done in order to maintain the width or depth of the navigable water;
  • (b) all dredged materials are disposed of
    • (i) above the ordinary high-water mark, or
    • (ii) in water where the disposal is authorized by or under an Act of Parliament;
  • (c) the works do not use any suction dredging that involves the use of floating or submerged pipes;
  • (d) the works have no cables that cross on, over or through any portion of the navigable water; and
  • (e) the works do not include blasting.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, over, under, through or across a navigation channel marked by the federal government, a provincial government or an agency of one of those governments.

Prior notification of Canadian Coast Guard

(3) If works of the class established by subsection (2) are in a charted navigable water, the owner of the works must, at least 48 hours before the construction or placement of the works starts, in writing notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which construction or placement of the works is expected to start.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site.

During construction or placement of temporary works

(5) During the construction or placement of works of the class established by subsection (2), the owner of the works must ensure that

  • (a) if the works are on, over or across a navigable water, the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at any other location on the works so that the lights are spaced not more than 30 m apart, if the works are more than 30 m in length; and
  • (b) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(6) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Contouring

(7) The owner of works of the class established by subsection (1) must ensure that the bed of the navigable water is, on completion of the construction or placement of the works, contoured to prevent hazards to navigation.

Notification of Canadian Coast Guard on completion

(8) If works of the class established by subsection (1) or (2) are in a charted navigable water, on completion of the construction or placement of the works the owner of the works must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre that the works have been completed.

MOORING SYSTEMS

Definitions

13. (1) The following definitions apply in this section.

“length”
« longueur »

“length” means, in respect of a vessel, the distance between the fore and aft extremities of the vessel.

“mooring system”
« système d’amarrage »

“mooring system” means a system that is used to secure a vessel and that consists of an anchor that is set in or on the bed of a navigable water, a single anchor line, a single buoy and a mooring line to attach to a vessel.

“swing area”
« aire d’évitage »

“swing area” means the diameter of a circle created by the swinging of a vessel moored to a mooring system.

Class established

(2) Mooring systems are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the swing area of the works is not
    • (i) within 20 m of a work, other than a pipeline or an aerial or submarine cable, that is not owned by the owner of the works,
    • (ii) within 20 m of the swing area of another work of the class established by this subsection, or
    • (iii) within 50 m of a marina, public launch-ramp or navigation channel;
  • (b) the works are not associated with an existing or proposed marina;
  • (c) the width of the navigable water is more than 100 m when measured from the ordinary high-water mark on one side of the water to the ordinary high-water mark on the other side; and
  • (d) the buoy has the following characteristics:
    • (i) the name, address and telephone number of the owner of the works is displayed on it in a conspicuous location and in a legible manner,
    • (ii) the part of the buoy that shows above the surface of the water is at least 15.25 cm wide and at least 30.5 cm high,
    • (iii) the top third of the buoy is orange and the rest of it is white, and
    • (iv) the buoy displays, on opposite sides, the capital letters “PRIV”, which are in black and are as large as is practicable for the size of the buoy.

Swing area

(3) For the purposes of subparagraphs (2)(a)(i) and (ii), the swing area of a vessel is considered to be the area set out in column 1 of the table to this subsection when the navigable water has the depth set out in column 2

  • (a) at the higher high-water mean tidewater level, in the case of tidal waters; or
  • (b) at the 10-year high-water level, in any other case.
TABLE
Item Column 1

Swing Area
Column 2

Depth of Navigable Water
1. 50 m 6 m or less
2. 70 m More than 6 m but not more than 10 m
3. 80 m More than 10 m but not more than 14 m
4. 100 m More than 14 m

Buoys and anchors

(4) The owner of the works must

  • (a) ensure that
    • (i) the buoy maintains the characteristics described in paragraph (2)(d) during the navigation season, and
    • (ii) the anchor remains in the position in which it was set in or on the bed of the navigable water; and
  • (b) comply with any order made under section 5 of the Private Buoy Regulations in respect of the buoy.

Mooring of vessels and removal of works

(5) The owner of the works

  • (a) must not moor, or permit the mooring of, a vessel that is more than 12 m in length to the works; and
  • (b) must remove the works if
    • (i) any part of the works is removed, or
    • (ii) during any two-year period, no vessel has moored to the works.

COMING INTO FORCE

3. This Order comes into force on the day on which it is made.

[16-1-o]

NOTICE OF VACANCY

THE JACQUES CARTIER AND CHAMPLAIN BRIDGES INCORPORATED

Chairperson (part-time position)

The Jacques Cartier and Champlain Bridges Incorporated (JCCBI) has a mandate to engage in a range of activities to ensure that the bridges, tunnels, roadways and other structures under its control are safe, secure, efficient, environmentally sound and well maintained, and, in doing so, demonstrate the Government of Canada’s commitment to the transportation needs of the country.

The Chairperson is responsible for overseeing the corporation’s activities, providing strategic policy direction for JCCBI and presiding over the activities of the Board of Directors. The Chairperson reports to Parliament through the President of the Queen’s Privy Council for Canada.

The ideal candidate would possess a degree from a recognized university in a relevant field of study, or an acceptable combination of equivalent education, training and/or job-related experience.

The ideal candidate would possess significant experience serving on boards of directors of major public and/or private corporations, preferably as chairperson. Experience in implementing modern corporate governance and best practices as well as in managing human and financial resources at the senior executive level is desired. The ideal candidate would have experience dealing with several levels of government, preferably with senior officials and/or ministers, and should have experience in a multi-stakeholder environment, preferably dealing with surface (highways/bridges) transportation. Experience in the delivery and/or oversight of major infrastructure projects would be considered an asset.

The ideal candidate would have knowledge of the mandate of JCCBI and its legislative framework and activities, and should be knowledgeable about the roles and responsibilities of a chairperson, including the fundamental accountabilities to the Government as the shareholder. Knowledge of strategic corporate planning and monitoring and evaluation of corporate performance, as well as knowledge of the public policy environment, processes and best practices, is sought. The ideal candidate would possess knowledge of human resources and financial and risk management. Knowledge of current bridge safety and security issues is sought. In addition, an appreciation for and sensitivity to Aboriginal customs and methods of business would be considered an asset.

The Chairperson should be an individual of integrity and sound judgment, exhibit tact, diplomacy and initiative, and should possess leadership and superior interpersonal skills. The ideal candidate would have the ability to develop effective working relationships with different levels of government, as well as JCCBI’s partners and stakeholders. The ability to anticipate emerging issues and develop strategies to enable the Board to seize opportunities or resolve problems, should they arise, is sought. The candidate should have the ability to foster debate and discussions among Board members, facilitate consensus and manage conflicts, and should have strong leadership and managerial skills to ensure the Board conducts its work effectively. The ideal candidate would adhere to high ethical standards, and would possess superior communication skills, both written and oral, and have the ability to manage communications with a variety of stakeholders, including the media.

Proficiency in both official languages would be preferred.

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 selected candidate must comply with the Ethical and Political Activity Guidelines for Public Office Holders. The Guidelines are available on the Governor in Council Appointments Web site, under “Reference Material,” at www.appointments-nominations.gc.ca/index.asp?lang=eng.

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/Default.aspx?pid=1&lang=en.

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 organization and its activities can be found on its Web site at www.jccbi.ca.

Interested candidates should forward their curriculum vitae by May 10, 2014, 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@pco-bcp.gc.ca (email).

English and French notices of vacancies will be produced in an alternative format upon request. For further information, please contact GICA-NGEC@pco-bcp.gc.ca.

[16-1-o]

NOTICE OF VACANCY

THE JACQUES CARTIER AND CHAMPLAIN BRIDGES INCORPORATED

Chief Executive Officer (full-time position)

Salary range: From $177,400 to $208,600
Location: Montréal, Quebec

The Jacques Cartier and Champlain Bridges Incorporated (JCCBI) has a mandate to engage in a range of activities to ensure that the bridges, tunnels, roadways and other structures under its control are safe, secure, efficient, environmentally sound and well maintained, and, in doing so, demonstrate the Government of Canada’s commitment to the transportation needs of the country.

Reporting to the Board of Directors, the Chief Executive Officer (CEO) is responsible for all aspects of the corporation’s activities.

The ideal candidate would have a degree from a recognized university in a relevant field of study, or an acceptable combination of equivalent education, training and/or job-related experience.

The ideal candidate would have significant leadership and management experience at the senior executive level in a public and/or private corporation, including managing human and financial resources. The ideal candidate would have experience dealing with several levels of government, preferably with senior officials. Significant experience in major project management and in the delivery of major infrastructure projects, preferably in an organization dealing with multiple stakeholders, is desired. Experience working in an organization dealing with multiple stakeholders and large multi-modal transportation networks, including bridges, and/or experience working with First Nations groups, including negotiating complex contracts and conflict resolution, would be considered assets.

The ideal candidate would possess knowledge of JCCBI’s mandate, legislative framework and activities, and of the roles and responsibilities of a Crown corporation, including knowledge of the fundamental accountabilities to the Government as the shareholder. As well, the candidate should have knowledge of the respective roles and objectives of federal, provincial and municipal governments in transportation matters. Knowledge and understanding of sound business practices and principles, including human resources and financial and risk management, are sought, as well as knowledge of strategic corporate planning and monitoring and evaluation of corporate performance. The ideal candidate would also possess knowledge of current bridge safety and security issues.

In order to achieve the JCCBI’s objectives and carry out its mandate, the CEO should be a person of sound judgment and integrity and should have initiative, tact, diplomacy, and superior interpersonal skills. The ideal candidate would have the ability to provide the corporate leadership and vision required to ensure that JCCBI is able to carry out its mandate and achieve its objectives, as well as the ability to establish and communicate short- and long-range objectives for the future of JCCBI. The chosen candidate should have the ability to lead and develop effective relationships with federal, provincial and municipal governments and JCCBI’s stakeholders. The CEO should have the ability to analyze complex issues and develop strategies to enable JCCBI to optimize its human, financial and material resources. The ideal candidate would be able to manage numerous competing pressures and to balance the needs and requirements of multiple stakeholders.

The ideal candidate would adhere to high ethical standards, possess superior communication skills, both written and oral, and have the ability to manage communications with a variety of stakeholders, including the media.

Proficiency in both official languages would be preferred.

The ideal candidate must be willing to relocate to Montréal, Quebec, or to a location within reasonable commuting distance.

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 selected candidate must comply with the Ethical and Political Activity Guidelines for Public Office Holders. The Guidelines are available on the Governor in Council Appointments Web site, under “Reference Material,” at www.appointments-nominations.gc.ca/index.asp?lang=eng.

The selected candidate will be subject to the Conflict of Interest Act. Public office holders appointed on a full-time basis must submit to the Office of the Conflict of Interest and Ethics Commissioner, within 60 days of appointment, a confidential report in which they disclose all of their assets, liabilities and outside activities. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner’s Web site at http://ciec-ccie.gc.ca/Default.aspx?pid=1&lang=en.

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 organization and its activities can be found on its Web site at www.jccbi.ca.

Interested candidates should forward their curriculum vitae by May 10, 2014, 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@pco-bcp.gc.ca (email).

English and French notices of vacancies will be produced in an alternative format upon request. For further information, please contact GICA-NGEC@pco-bcp.gc.ca.

[16-1-o]

  • Footnote a
    SOR/2010-201
  • Footnote b
    SOR/2010-201
  • Footnote c
    S.C. 1999, c. 33
  • Footnote 1
    Emergency vehicle means a vehicle that is manufactured primarily for use as an ambulance or a police vehicle.
  • Footnote 2
    www.gazette.gc.ca/rp-pr/p1/2012/2012-12-08/pdf/g1-14649.pdf
  • Footnote 3
    Page 63158 of the U.S. Federal Register, Vol. 77, No. 199, Monday, October 15, 2012.
  • Footnote 4
    Page 57377 of the U.S. Federal Register, Vol. 76, No. 179, Thursday, September 15, 2011.
  • Footnote 5
    Exhaust emissions of N2O shall not exceed 0.010 g per mile at full useful life; exhaust emissions of CH4 shall not exceed 0.030 g per mile at full useful life.
  • Footnote 6
    Page 57193 of the U.S. Federal Register, Vol. 76, No. 179, Thursday, September 15, 2011.
  • Footnote 7
    ASHRAE: American Society of Heating, Refrigeration and Air-Conditioning Engineers. ASHRAE information is the property of the American Society of Heating, Refrigeration and Air-Conditioning Engineers and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Society of Heating, Refrigeration and Air-Conditioning Engineers.
  • Footnote d
    S.C. 1999, c. 33
  • Footnote e
    SOR/94-311
  • Footnote f
    S.C. 1999, c. 33
  • Footnote 8
    Supplement, Canada Gazette, Part I, January 31, 1998
  • Footnote g
    S.C. 2009, c. 2, s. 328
  • Footnote h
    R.S., c. N-22
  • Footnote 9
    Canada Gazette, Part I, May 9, 2009