ARCHIVED — Vol. 148, No. 50 — December 13, 2014

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GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2014-87-10-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote b);

Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Order 2014-87-10-02 Amending the Non-domestic Substances List.

Gatineau, November 26, 2014

LEONA AGLUKKAQ
Minister of the Environment

ORDER 2014-87-10-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

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

  • 70879-55-9
  • 94441-92-6
  • 666723-27-9
  • 862286-80-4
  • 888480-69-1

COMING INTO FORCE

2. This Order comes into force on the day on which Order 2014-87-10-01 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Canada Industrial Relations Board  

Vice-Chairperson

 

Berthiaume, Annie

2014-1353

Smith, Allison

2014-1354
Canada Revenue Agency  

Directors of the Board of Management

 

Buonpensiere, Rossana

2014-1346

Halldorson, Norman G.

2014-1347

Sumara, Joyce

2014-1345
Canadian Cultural Property Export Review Board  

Members

 

Buttignol, Rudy

2014-1349

Epstein, Clarence

2014-1350
Canadian Race Relations Foundation  

Director of the Board of Directors

 

Attia, Paul

2014-1320

Ghanem, Ashraf

2014-1321

Silberman, Toni

2014-1322
Cloutier, Sylvie 2014-1361

Farm Credit Canada

 

Director of the Board of Directors

 
Côté, Suzanne 2014-1294

Supreme Court of Canada

 

Puisne Judge

 
First Nations Financial Management Board  

Chairperson of the board of directors

 

Calla, Harold

2014-1368

Director of the board of directors

 

Bernard, Joanna

2014-1369
Freshwater Fish Marketing Corporation  

Chairperson of the Board of Directors

 

Fast, Russell J.

2014-1365

Directors of the Board of Directors

 

Zinchuk, Sandra A.

2014-1366

President

 

Salkeld, Donald

2014-1364
Immigration and Refugee Board of Canada  

Chairperson

 

Dion, Mario

2014-1318

Full-time member

 

Fortney, Douglas Bruce

2014-1319
Joli-Cœur, Claude 2014-1348

Government Film Commissioner

 
Kirsop, David Jonathan 2014-1358

Ridley Terminals Inc.

 

Director of the Board of Directors

 
La Rochelle, Bruce 2014-1360

Canada Agricultural Review Tribunal

 

Part-time member

 
Muzyka, Daniel F. 2014-1355

Natural Sciences and Engineering Research Council

 

Vice-President

 
National Farm Products Council  

Member/Conseillère

 

Donahue, Chantelle A.

2014-1363

Member and vice-chairman

 

Pickard, Michael

2014-1362
Nolin, The Hon. Pierre Claude 2014-1292

Speaker of the Senate

 
Parole Board of Canada  

Full-time member

 

Bruce, Howard M.

2014-1340

Part-time members

 

Cantin, Francine

2014-1341

Kuban, Ron

2014-1342
Port Authority  

Directors

 

Carrigan, Victor Russell — St. John’s

2014-1359

Lessard, Michel M. — Montréal

2014-1357

Trudel, Anik — Montréal

2014-1356
Public Service Pension Advisory Committee  

Members

 

Ellis, Karen

2014-1344

Mounier, Marie-Geneviève

2014-1343
Social Security Tribunal  

Income Security Section

 

Full-time member

 

Lucas, Brisette

2014-1351

Part-time member

 

Andal, Ramon Valenton

2014-1352
Stringer, Kevin 2014-1367

Northwest Atlantic Fisheries Organization — General Council and Fisheries Commission

 

Canadian representative

 
Thomas, Jody 2014-1289

Canadian Coast Guard

 

Commissioner

 
Tulloch, The Hon. Michael H. 2014-1286

Government of Ontario

 

Administrator

 

November 21 and November 22, 2014

 
Watson, The Hon. Jack 2014-1280

Government of Alberta

 

Administrator

 

November 25 and November 26, 2014

 

December 5, 2014

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

THE BRANTFORD REGIONAL CHAMBER OF COMMERCE

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated October 9, 2014, has been pleased to change the name of THE BRANTFORD REGIONAL CHAMBER OF COMMERCE to the Chamber of Commerce Brantford – Brant and to change its boundaries to the limits of the city of Brantford and the municipality of the County of Brant except the geographic town of Paris upon petition made therefor under sections 4 and 39 of the Boards of Trade Act.

November 7, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

CAMROSE CHAMBER OF COMMERCE

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated September 25, 2014, has been pleased to change the name of the CAMROSE CHAMBER OF COMMERCE to the Camrose and District Chamber of Commerce and to change its boundaries to the limits of the city of Camrose, in the Camrose County, including the areas up to Highway 617 North to Highway 609 South, and Highway 21 West across to Highway 854 East upon petition made therefor under sections 4 and 39 of the Boards of Trade Act.

November 7, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Lewisporte Chamber of Commerce

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated October 23, 2014, has been pleased to change the name of the Lewisporte Chamber of Commerce to the Lewisporte and Area Chamber of Commerce and to change its boundaries to Norris Arm North, Norris Arm South, Lewisporte, Laurenceton, Porterville, Brown’s Arm, Stanhope, Embree, Little Burnt Bay, Michael’s Harbour, Campbellton, Comfort Cove-Newstead, Loon Bay, Baytona, Birchy Bay and Boyd’s Cove upon petition made therefor under sections 4 and 39 of the Boards of Trade Act.

December 1, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

PARIS CHAMBER OF COMMERCE

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated October 9, 2014, has been pleased to change the name of the PARIS CHAMBER OF COMMERCE to the Paris and District Chamber of Commerce and to change its boundaries to the limits of the geographic town of Paris and the municipality of the County of Brant except the city of Brantford upon petition made therefor under sections 4 and 39 of the Boards of Trade Act.

November 7, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Application for surrender of charter

Notice is hereby given that, pursuant to the provisions of subsection 32(2) of the Canada Corporations Act, an application for surrender of charter was received from

File No. Name of Company Received
429572-2 Play in Support of Leukemia Research 16/10/2014

December 3, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary letters patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to

File No. Name of Company Date of S.L.P.
198166-8 DAVID AND REBECCA ZELIKOVITZ FAMILY CHARITABLE FOUNDATION 08/10/2014
440143-3 Stephanos Development Foundation Corporation 28/11/2014

December 3, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

DEPARTMENT OF INDUSTRY ACT

RADIOCOMMUNICATION ACT

Notice No. SMSE-021-14 — Fee proposal for fixed-satellite service (FSS) and broadcasting-satellite service (BSS) satellite spectrum in Canada

Intent

The purpose of this notice is to seek comments on Industry Canada’s final fee proposal for satellite spectrum licences issued under the Radiocommunication Act for spectrum allocated to fixedsatellite service (FSS) and broadcasting-satellite service (BSS). This fee proposal is subject to the legislative requirements of the User Fees Act (UFA). It follows a consultation process initiated in March 2012 through Canada Gazette notice No. SMSE-003-12, Consultation on the Licensing Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS) in Canada. A revised fee proposal was published in November 2013 through Canada Gazette notice No. SMSE-006-13, Decisions on the Licensing Framework for Fixed-Satellite Service (FSS) and Broadcasting-Satellite Service (BSS), Implications for Other Satellite Services, and Revised Fee Proposal. In preparing this final proposal, Industry Canada has taken into consideration the comments and reply comments received on both of these documents.

The proposed fee will apply to frequency bands allocated to FSS and BSS in the Canadian Table of Frequency Allocation (CTFA), as amended from time to time. Current allocations are listed below.

Frequency Bands Allocated to FSS and BSS

Bands Space-to-Earth Earth-to-Space
FSS C 3700–4200 MHz 5925–6425 MHz
X band 7250–7750 MHz 7900–8400 MHz
Extended Ku 10.7–10.95 GHz/ 11.2–11.45 GHz 12.75–13.25 GHz
10.95–11.2 GHz/ 11.45–11.7 GHz 13.75–14.0 GHz
Ku 11.7–12.2 GHz 14.0–14.5 GHz
Extended Ka 17.7–18.3 GHz 27.5–28.35 GHz
18.3–18.8 GHz 28.35–28.6 GHz/ 29.25–29.5 GHz
Other Ka 18.8–19.3 GHz 28.6–29.1 GHz
Ka 19.7–20.2 GHz 29.5–30.0 GHz
BSS Ku 12.2–12.7 GHz 17.3–17.8 GHz
Ka 17.3–17.8 GHz 24.75–25.25 GHz

The proposed fee will replace the fee cited in Canada Gazette notice No. DGRB-002-97, Radio Authorization Fees for Direct Broadcast Satellite (DBS) Facilities, which was established under the Department of Industry Act (DIA) in September 1997.

This current notice provides an opportunity for consultation under the DIA as well as an opportunity for stakeholder feedback on the proposed fee and the associated licensing process under the UFA.

Approach

In setting new fees, Industry Canada is guided by the policy objective stated in the Spectrum Policy Framework for Canada (2007): “To maximize the economic and social benefits that Canadians derive from the use of the radio frequency spectrum resource.” Within this framework, the Department seeks to set fees that reflect a level of market value that encourages spectrum efficiency, provides some incentive to use the spectrum in a timely manner and fairly compensates the Canadian public for the use of the resource. In this context, the following factors were considered in establishing new fees:

  • fees should reflect a level of market value;
  • the fee schedule should be simple to administer;
  • fees should be predictable; and
  • fees should be technology-neutral.

Unlike in the case of terrestrial spectrum, Canadian satellite operators can be licensed in other jurisdictions and offer service in Canada. If operators choose to seek licences in other jurisdictions, Industry Canada would lose the ability to include the conditions of licence that currently help to ensure the availability of services in all areas of Canada, particularly in remote regions. As a result, Industry Canada’s objective was to modify the licensing process for the FSS and BSS satellite spectrum in order to establish an attractive licensing framework, comparable with those of other satellite-licensing jurisdictions.

The development of an appropriate fee proposal for satellite spectrum was also considered in this international context. As required under the UFA, Industry Canada undertook an international comparison of licensing frameworks and associated regulatory costs and fees in key countries. However, there is no internationally consistent approach to satellite licensing, and no clear best practice for Canada to follow with respect to the establishment of fees. Nevertheless, the comparison did inform Industry Canada’s analysis, and the fee proposal will result in fees for operators in Canada that are comparable with those of other jurisdictions, particularly those that have a first come, first served (FCFS) process, such as the United States and the United Kingdom.

International Comparison of Fees

Country Licence Bandwidth Annual Fee (CAN$) Equivalent CAN$/MHz/Year
Canada (see reference a) (current) Satellite 1,000 MHz $333,333 $333
Canada (proposed) Satellite 1,000 MHz $120,000 $120
United Kingdom Satellite 2,000 MHz $148,367 (see reference b) $74
United States Geostationary satellite 2,000 MHz $242,693 (see reference c) $121
Non-Geostationary satellite 2,000 MHz $301,491 $151
Mexico Orbital slot 1,000 MHz $850,680 (see reference d) $850
Brazil Brazil satellite 1,820 MHz $135,228 (see reference e) $74
Foreign satellite 2,000 MHz $73,061 $37

Source: Table 3 — Satellite Licence Fees, Nordicity’s Study on the Market Value of Fixed and Broadcasting Satellite Spectrum in Canada.

Reference a
Represents current Canadian fees.

Reference b
Represents estimated annual cost of required £100M liability insurance.

Reference c
U.S. regulatory costs (annual licence fees, one-time application fee plus estimated cost of performance bond).

Reference d
Based on latest auction results.

Reference e
Awarded to Telesat Brazil, reserve price winner (extended Ku).

Fee proposal
Spectrum licences

Industry Canada will issue spectrum licences for the authorization of the FSS and BSS satellite spectrum. Existing radio licences that authorize the use of FSS and BSS satellite spectrum will be replaced by spectrum licences, which will be subject to the new fee once the fee order is in effect, expected by April 1, 2016.

Licence term

Licences will be issued immediately upon approval of an application. The standard term of these licences will be set at 20 years, with a high expectation of renewal. Industry Canada may issue licences with a shorter term, as appropriate.

Associated fee

A single annual fee of $120 per megahertz (MHz) will apply to the FSS and BSS satellite spectrum.

Where a licensee has not yet launched a satellite using the licensed spectrum, the fee will only be charged once the satellite is launched, consistent with the final implementation milestone. Where a spectrum licence is issued to a licensee who has already launched a satellite, the fee shall be applicable immediately.

Once applicable, the fee shall remain applicable until the end of the licence term.

The spectrum licences will ensure that licence fees are payable on an annual basis, in advance, and are due by March 31 of each year. For the portion of the first year during which the fee is applicable, the fee will be payable immediately and on a pro-rated basis, at a monthly rate of $10/MHz.

For licences with terms of less than one year, the annual fee will be applied on a pro-rated basis, at a monthly rate of $10/MHz.

Cost and revenue elements

Industry Canada estimates that the cost of administering the satellite licensing program will be approximately $1.9 million annually.

Although the proposed fee is not a fee for service, but rather a fee for the right or privilege of using the radio spectrum resource, Industry Canada’s earlier consultations addressed a number of changes to the satellite licensing process. The new FCFS licensing process was introduced in January 2014, and reduced the application assessment time from two years under the old comparative review process to a few months. Once the proposed fee is in place, Industry Canada will use a different licensing instrument (spectrum licences in place of radio licences) to authorize the FSS and BSS spectrum.

It is estimated, based on the current number of licenses for operating satellites, that the resulting revenues in the first year during which the fee is introduced will be approximately $2 million. No additional revenue will be received until additional satellites are launched. Industry Canada expects that over the next three years, there will be an additional $700,000 in annual revenue added. This will represent a significant fee reduction from the current fees charged under the existing radio licence regime, from the equivalent of $333/MHz per year to $120/MHz per year. The introduction of a spectrum licence, with a fee based on the amount of spectrum assigned, has the added advantage of encouraging operators to use spectrum, which is a finite resource, as efficiently as possible. Further, it reduces the administrative burden on operators, as they will no longer have to submit detailed traffic reports to the Department, which is how fees are calculated under the current radio licence regime.

Service standard

The UFA requires the establishment of defined service standards. Industry Canada proposes to establish a service standard of 90 business days for the issuance of FSS/BSS satellite spectrum licences. The service standard will apply from the date the application is received by Industry Canada to the date the Department advises the applicant, in writing, that the application has been approved or denied.

This service standard is longer than what was proposed in earlier consultations. Industry Canada’s initial consultation resulted in a proposed service standard of 45 business days for most applications. However, it also stated that this standard would not be applied in cases where applications were unusually complex or required a review of existing spectrum policies. Under the UFA, a service standard must be established for all instances. As a result, the longer service standard of 90 business days has been proposed, to encompass all situations. Since the introduction of the new FCFS licensing process, Industry Canada has received and treated six applications, all within this service standard.

In general, other comparable satellite-licensing jurisdictions do not have formal service standards in place. Some, however, do have goals for processing satellite licence applications. For example, the Federal Communications Commission and the UK Space Agency usually release a decision within four to six months (80–100 business days) after receiving an application, which is comparable to the time frame that Industry Canada is proposing.

Submitting comments

Concerns, comments or complaints must be received by January 16, 2015, although respondents are encouraged to submit prior to that date. This fee proposal is subject to the legislative requirements established under the UFA. In order to be receivable, comments must be related to the topics identified above. Comments on other aspects of these topics will be received and responded to, but not treated under UFA requirements.

As provided for in section 4.1 of the UFA, Industry Canada will address any complaints and try to resolve them. If a complaint is not resolved to the complainant’s satisfaction, the complainant has the option of requesting in writing that the complaint be reviewed by an independent advisory panel, in accordance with the provisions of the UFA.

All comments or complaints should be submitted in electronic format (Microsoft Word or Adobe PDF) to the Director General, Engineering, Planning and Standards Branch, at the following email address: satellitelicences@ic.gc.ca. All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (SMSE-021-14).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at http://www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at http://www.gazette.gc.ca/rp-pr/p1/index-eng.html.

December 4, 2014

DANIEL DUGUAY
Director General
Engineering, Planning and Standards Branch

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DEPARTMENT OF NATURAL RESOURCES

First publication of the Technical Guide to Class 43.1 and 43.2

The Minister of Natural Resources hereby gives notice, for the purposes of subsections 6(2) and (6) of the Economic Action Plan 2013 Act, No. 2, S.C. 2013, c. 40, that the Technical Guide to Class 43.1 and 43.2 was published for the first time on Friday, December 12, 2014, via the Web site of the Department of Natural Resources, where it is to remain available, as amended from time to time, as is the Technical Guide to Canadian Renewable and Conservation Expenses (CRCE).

December 12, 2014

__________________________________

The Honourable Greg Rickford, P.C., M.P.
Minister of Natural Resources

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