Vol. 132, No. 32 — August 8, 1998
ORDER
Cold-reduced Flat-rolled Sheet Products of Carbon Steel
In the matter of a review (Review No. RR-97-007), under subsection 76(2) of the Special Import Measures Act, of the findings made by the Canadian International Trade Tribunal on July 29, 1993, in Inquiry No. NQ-92-009, concerning certain cold-reduced flat-rolled sheet products of carbon steel (including high-strength low-alloy steel) originating in or exported from the Federal Republic of Germany, France, Italy, the United Kingdom and the United States of America
The Canadian International Trade Tribunal, under the provisions of subsection 76(2) of the Special Import Measures Act, has conducted a review of its findings made on July 29, 1993, in Inquiry No. NQ-92-009.
Pursuant to subsection 76(4) of the Special Import Measures Act, the Canadian International Trade Tribunal hereby rescinds the above-mentioned findings.
Ottawa, July 28, 1998
MICHEL P. GRANGER
Secretary
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NOTICE TO INTERESTED PARTIES
The following notices are abridged versions of the Commission's original notices bearing the same number. The original notices contain a more detailed outline of the applications, including additional locations and addresses where the complete files may be examined. The relevant material, including the notices and applications, is available for viewing during normal business hours at the following offices of the Commission:
— Canadian Radio-television and Telecommunications Commission Examination Room, 1 Promenade du Portage, Room 201, Hull, Quebec K1A 0N2, (819) 997-2429 (Telephone), (819) 994-0218 (Facsimile), (819) 994-0423 (TDD);
— Bank of Commerce Building, 10th Floor, Suite 1007, 1809 Barrington Street, Halifax, Nova Scotia B3J 3K8, (902) 426-7997 (Telephone), (902) 426-2721 (Facsimile), (902) 426-6997 (TDD);
— Place Montréal Trust, Suite 1920, 1800 McGill College Avenue, Montréal, Quebec H3A 3J6, (514) 283-6607 (Telephone), (514) 283-3689 (Facsimile), (514) 283-8316 (TDD);
— The Kensington Building, 1810-275 Portage Avenue, Winnipeg, Manitoba R3B 2B3, (204) 983-6306 (Telephone), (204) 983-6317 (Facsimile), (204) 983-8274 (TDD);
— 580 Hornby Street, Suite 530, Vancouver, British Columbia V6C 3B6, (604) 666-2111 (Telephone), (604) 666-8322 (Facsimile), (604) 666-0778 (TDD).
Interventions must be filed with the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, together with proof that a true copy of the intervention has been served upon the applicant, on or before the deadline given in the notice.
LAURA M. TALBOT-ALLAN
Secretary General
PUBLIC NOTICE 1998-75
Câblodistribution de la Côte du Sud inc.
La Pocatière and surrounding areas;
Armagh and Saint-Philémon, Quebec
Télé-Câble Charlevoix (1977) inc. La Malbaie, Clermont, Pointe-au-Pic and Cap-à-l'Aigle; Saint-Siméon; Saint-Édouard-de-Lotbinière; Saint-Gabriel (Rimouski), Saint-Donat (Rimouski) and Parc du mont Comis; Colombier, Latour, Pont-Laval and surrounding areas; Sault-au-Mouton, Saint-Paul-du-Nord and surrounding areas; Chute-aux-Outardes, Pointe-aux-Outardes, Ragueneau and Pointe-Lebel, Quebec
Le Câble de Rivière-du-Loup ltée Rivière-du-Loup and surrounding areas; Cabano, Saint-Louis-du-Ha! Ha!, Notre-Dame-du-Lac and Dégelis, Quebec
Transvision Coaticook inc.
Coaticook, Quebec
Transvision Paré inc.
Ascot-Corner and Fleurimont, Quebec
Transfer of control
The Commission announces that it has approved, by Letters of Authority A98-0082, A98-0083, A98-0084 and A98-0085 dated July 7, 1998, the transfer of control of the above-noted companies to wholly-owned subsidiaries of CF Cable TV Inc., itself a wholly-owned subsidiary of Vidéotron ltée. Vidéotron ltée is ultimately controlled by Mr. André Chagnon.
July 29, 1998
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PUBLIC NOTICE 1998-76
Valleyfield Transvision inc.
Valleyfield, Quebec
Emtel inc. Rivière-Beaudette and Pointe-Lalonde; Sainte-Justine-de-Newton, Saint-Rédempteur, Sainte-Marthe, Sainte-Justine-Station, Dalhousie-Station and Saint-Télésphore; Saint-Anicet, Sainte-Barbe and Saint-Stanislas-de-Kostka, Quebec
Transfer of control
The Commission announces that it has approved, by Letter of Authority A98-0090 dated July 24, 1998, the applications to transfer control of the above-noted cable distribution undertakings to Cogeco Câble Canada inc., a company ultimately controlled by Mr. Henri Audet.
July 29, 1998
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PUBLIC NOTICE 1998-77
Western Canada and Territories Region
1. Chilliwack, British Columbia
Star-FM Radio Inc. (CKSR-FM)
To amend its current Promise of Performance, by deleting the condition of licence requiring the station to broadcast an instrumental music level of at least 35 percent of all musical selections played each broadcast week. If the application is approved, the level of instrumental selections programmed by CKSR-FM and the corresponding level of Canadian content would be governed solely by the Regulations and not by the current condition of licence.
Deadline for intervention: September 4, 1998
July 30, 1998
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PUBLIC NOTICE 1998-78
Ontario Region
1. Huntsville, Kitchener, North Bay and Wiarton, Ontario
BBS Incorporated
(a) To amend its (television) programming undertaking licence for CKNY-TV North Bay by adding a transmitter at Huntsville using the currently approved facilities of CKCO-TV-4 Huntsville; and
(b) to amend its (television) programming undertaking licence for CKCO-TV Kitchener by adding a transmitter at Wiarton using the currently approved facilities of CKCO-TV-2 Wiarton.
If these applications are approved, the licensee would discontinue the provision of 3 hours and 13 minutes of original, locally-based news for the communities of Wiarton and Huntsville which was broadcast separately on CKCO-TV-2 Wiarton. News from the Wiarton area would be incorporated in the CKCO-TV newscasts while the news programming for Huntsville region would appear in the newscasts of CKNY-TV North Bay. The Commission has a long-established policy of linking the privilege of soliciting local advertising revenue with the provision of separate local programming to residents of the area. In these applications BBS Incorporated requests to be allowed to continue to solicit local advertising in the Wiarton and Huntsville/Muskoka regions. The applicant has advised that, should the Commission approve the above, it will surrender the current licence for CKCO-TV-2 Wiarton and its transmitter CKCO-TV-4 Huntsville.
Deadline for intervention: September 4, 1998
July 30, 1998
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PUBLIC NOTICE 1998-79
Revised Process for Consideration of New English-language Pay and Specialty Television Applications
1. The Commission has decided to postpone the consideration of applications for new English-language pay and specialty television services until after the completion of a separate process to examine what appropriate licensing framework could be established for such services.
Background
2. Following the 1996 pay and specialty services public hearing, the Commission announced that it did not intend to issue a call for further applications for services, but that it would consider applications on a case-by-case basis. After receiving a number of applications, the Commission issued Public Notice CRTC 1997-33, in which it announced that all applications proposing new pay and specialty services received and deemed complete before September 30, 1997, would be considered at a public hearing. A total of 50 English-language applications were received by the Commission.
3. Subsequently, in Public Notice CRTC 1997-33-2, the Commission announced that the public hearing would be postponed until no later than the first quarter of 1999. At that time, applicants were advised that amendments to applications would be accepted until September 30, 1998. The Commission hereby advises applicants for English-language services that the deadline for filing amendments to applications is no longer in effect.
4. In the same public notice, the Commission announced a moratorium on the addition of any new foreign services to the lists of eligible satellite services. This moratorium will continue to be in effect until further notice.
5. The decision set out in Public Notice CRTC 1997-33-2 to postpone the public hearing was taken in light of a number of factors, including: the emerging competitive environment; the evolving structure of the broadcasting industry; the Commission's September 1998 public hearing to review its approach to Canadian television programming; and the timeframe within which the cable industry will expand analog distribution capacity and/or introduce digital distribution technologies.
6. In order to ascertain the capacity of the cable industry to accommodate new services, the Commission required the licensees of all Class 1 cable systems with 20 000 or more subscribers to submit capacity reports with information on their analog channel capacity, detailed channel line-ups, proposed upgrades, and plans and timeframes for the deployment of digital technology. Reports were required to be filed by January 31, 1998, with updates to be submitted every three months thereafter until August 31, 1999.
7. The cable capacity reports, and the first updates, have now been received and examined by the Commission. Summaries have been placed on the public file for examination by interested parties and will continue to be updated to reflect subsequent reports as they are received.
Capacity and Other Issues
8. The cable capacity reports indicate that, given the large number of licensed English-language services, most cable systems outside of Quebec have limited, if any, additional capacity. Inside Quebec, because fewer French-language services have been licensed, the capacity constraints are not generally as severe.
9. Plans for the deployment of digital distribution technology remain behind expectations, with only one major cable operator indicating that it expects to reach the threshold of 15 percent of subscribers receiving one or more programming services on a digital basis by September 1999. Standards for digital distribution are still evolving, creating further uncertainty about its implementation.
10. While alternative distribution services have been licensed and are in operation, the subscriber base for these alternative distributors remains limited.
The Commission's Determination
11. Given these factors, the Commission has determined that, prior to re-scheduling a licensing hearing, the Commission will hold a public process to examine what appropriate licensing framework could be established for new pay and specialty services. A public notice setting out the timing of the process and a more detailed description of the issues to be addressed will be released in the fall of 1998. Issues are likely to include the extent to which the Access Rules should apply to new services, particularly in the context of channel capacity constraints; the viability of services licensed on a digital-only basis; and distributor participation in the ownership of pay and specialty services.
12. The Commission is confident that this process will result in a more clear delineation of the terms and conditions under which new pay and specialty services could be licensed in the emerging competitive environment.
13. The revised process described herein affects only applicants for English-language services, as well as the application for a service to be called "Le canal des nouvelles technologies/The New Technology Channel", which is competitive with two English-language applications. The Commission reiterates that the cable capacity reports indicate that channel capacity is not as significant an issue in Quebec. Applications for new French-language specialty services that were filed with the Commission by September 30, 1997, pursuant to Public Notice CRTC 1997-33, will be heard at a public hearing beginning December 7, 1998, as set out in Public Notice CRTC 1998-46.
July 30, 1998
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PUBLIC NOTICE 1998-80
Proposed Regulations Amending the Radio Regulations, 1986 — Commercial Radio Programming
1. The Commission proposes to make amendments to sections 2 and 8, as well as to the schedule, of the Radio Regulations, 1986, SOR/86-982, as amended (the existing Regulations). A copy of the proposed Regulations Amending the Radio Regulations, 1986 (the proposed amendments) is appended to this public notice.
2. The proposed amendments result from the process initiated by the Commission in Public Notice CRTC 1997-104 to review its commercial radio policy. Following a two-stage written comment process, a round for submission of research, an oral hearing that took place in December 1997 and a round for final argument, the Commission issued Public Notice CRTC 1998-41, dated April 30, 1998 and entitled Commercial Radio Policy 1998, setting out its revised policy for conventional commercial radio stations.
3. The proposed amendments are intended to implement the Commission's policies as set out in Public Notice CRTC 1998-41 relative to the requirements for Canadian and French-language musical selections to be broadcast on commercial radio stations and the logging requirements for non-Canadian programming. They are proposed to come into effect on January 3, 1999.
4. In Public Notice CRTC 1998-81 issued today, the Commission is also proposing amendments to section 11 of the existing Regulations with respect to transactions requiring the Commission's approval where the licensee of a radio station acquires a level of equity in another radio station operating in the same language and in the same market. These proposed amendments are intended to come into effect on the date of their registration.
5. In addition to the proposed regulatory requirements expressly set out in Public Notice CRTC 1998-41, the proposed amendments include a number of provisions that the Commission considers necessary to properly implement its new regulatory framework. These additional proposals are highlighted below.
Definition of Commercial Station
6. The proposed definition of commercial station is intended to exclude all AM and FM stations that do not fall within the purview of the Commission's commercial radio policy set out in Public Notice CRTC 1998-41. As announced in Public Notice CRTC 1997-105 entitled An Agenda for Review of the Commission's Policies for Radio, the Commission will be reviewing its approach to the various other types of radio programming undertakings within the next two years.
Medleys and Montages
7. In Public Notice CRTC 1998-41, the Commission determined that the definition of a musical selection as "music of one minute in length or more, broadcast uninterrupted" should be maintained. Accordingly, this definition has been incorporated into the proposed regulations.
8. As contemplated in Public Notice CRTC 1998-41, the proposed amendments provide that Canadian musical selections from content Category 2, as well as French-language musical selections from content Category 2, must be played in their entirety for the purpose of meeting the prescribed Canadian content and French-language music levels.
9. The proposed definition of "musical selection" expressly includes medleys and montages. This inclusion is necessary to ensure that medleys and montages of one minute or more in duration are classified as musical selections for the purpose of calculating compliance with the Regulations.
10. The proposed amendments include definitions of "medley" and "montage" that are consistent with the definitions set out in Circular No. 343, dated May 11, 1988, and entitled Analysis by the Commission of Medleys and Montages.
11. Sections 2.2(11) and (12) of the proposed amendments specify two basic regulatory requirements that must be met in order for a montage to be considered a single musical selection played in its entirety. These requirements are summarized below.
(a) the total duration of the excerpts of Canadian musical selections from content category 2, or of the excerpts of vocal musical selections in the French-language from content category 2, as the case may be, must be greater than 50 percent of the total duration of the montage; and
(b) the total duration of the montage must be four minutes or more.
12. The first requirement reflects the Commission's current policy, as outlined in Circular No. 343, whereby the duration of the predominant type of material contained in a montage is used to determine the main content of a montage. The combined effect of these two requirements will be to ensure that the total duration of the excerpts of Canadian selections or of French-language vocal musical selections contained in a montage is over two minutes if the montage is to count as a Canadian or as a French-language musical selection played in its entirety. In the Commission's view, these requirements should preserve an incentive to play Canadian and French-language musical selections in their entirety.
13. In view of the fact that medleys are, by definition, compilations created by artists or musicians in a single performance, the Commission considers that only those medleys that are played in their entirety should qualify as Canadian or French-language musical selections. Moreover, as stated in Circular No. 343, a medley may be characterized as a Canadian or a French-language musical selection depending on the predominant type of material it contains.
Conditions of Licence Relating to Canadian Content
14. As noted above, the Commission intends the increase in the required level of Canadian content to 35 percent to take effect on January 3, 1999. The Commission notes that an exception to this requirement would be permitted by way of condition of licence that would come into force after January 2, 1999. Licensees who are currently subject to a condition of licence allowing for a minimum Canadian content level (category 2) of less than 30 percent may apply for such a condition of licence, thereby allowing them to continue to operate at their current levels beyond January 3, 1999. As stated in Public Notice CRTC 1998-41, licensees who are currently subject to conditions of licence specifying levels of Canadian content higher than 35 percent are expected to continue to operate in accordance with their current commitments.
Non-Canadian Programming
15. Consistent with the Commission's determination in Public Notice CRTC 1998-41, section 8(1)(c)(iv)(E) of the proposed amendments requires licensees to identify, where applicable, all non-Canadian programming in their program logs or records. In order to exclude programming that is produced outside of Canada exclusively for the station, as is the case for some sporting events originating outside of Canada, non-Canadian programming has been defined for the purpose of the Regulations as programming that originates outside of Canada other than local programming, as defined in Public Notice CRTC 1993-38 dated April 19, 1993. In the Commission's view, the proposed definition should enable it to monitor effectively the levels of non-Canadian programming, and to assess whether a station's performance in this area raises any concerns.
Other Matters
16. The Commission wishes to draw to the attention of interested parties that the proposed amendments include a new provision to replace section 14(1) of the French-language version of the existing Regulations. This serves to correct an error in a previous amendment to the Regulations, SOR/91-517, as adopted on August 27, 1991.
Comments
17. Interested parties are invited to present their comments as to whether the proposed amendments accurately reflect the Commission's policy set out in Public Notice CRTC 1998-41. Comments should be sent to the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, by September 15, 1998. To be considered as part of the proceeding, a submission must be actually received by the Commission and not merely mailed by that date. While receipt of submissions will not be acknowledged, they will be considered by the Commission and will form part of the public record of the proceeding.
July 30, 1998
REGULATIONS AMENDING THE RADIO REGULATIONS, 1986
AMENDMENTS
1. Section 2 of the Radio Regulations, 1986 (see footnote 1) is amended by adding the following in alphabetical order:
"campus station" means an A.M. station or an F.M. station that is licensed as a campus station. (station de campus)
"commercial station" means an A.M station or an F.M. station other than a station owned and operated by a not-for-profit corporation, a campus station, a community station, a native station, an ethnic station or a station owned and operated by the Corporation. (station commerciale)
"community station" means an A.M. station or an F.M. station that is licensed as a community station. (station communautaire)
"medley" means a compilation of one minute or more in duration in which artists or musicians combine excerpts from several musical selections within a single performance. (pot-pourri)
"montage" means a compilation of one minute or more in duration containing excerpts from several musical selections but does not include a medley. (montage)
"musical selection" means any live or recorded music of one minute or more in duration, broadcast uninterrupted. It includes a medley and a montage. (pièce musicale)
"native station" means an A.M. station or an F.M. station that is licensed as a native station. (station autochtone)
2. (1) Subsection 2.2(3) (see footnote 2) of the Regulations is replaced by the following:
(3) Except as otherwise provided under a licensee's condition of licence, an A.M. or F.M. licensee shall, in any broadcast week, devote 10 per cent or more of its musical selections from content category 3 to Canadian selections and schedule those selections in a reasonable manner throughout each broadcast day.
(2) Subsections 2.2(5) (see footnote 3) and (6) (see footnote 4) of the Regulations are replaced by the following:
(5) Except as otherwise provided under a licensee's condition of licence, an A.M. or F.M. licensee licensed to operate a commercial station in the French language shall, in any broadcast week, devote 65 per cent or more of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety.
(6) An A.M. or F.M. licensee may, in any broadcast week, reduce the proportion of its Canadian musical selections from content category 2 referred to in subsection (7), (8) or (9) to
(a) not less than 20 per cent, scheduled in a reasonable manner throughout each broadcast day, where, in that broadcast week, the licensee devotes not less than 35 per cent and not more than 49 per cent of all its musical selections to instrumental selections; and
(b) not less than 15 per cent, scheduled in a reasonable manner throughout each broadcast day, where, in that broadcast week, the licensee devotes 50 per cent or more of all its musical selections to instrumental selections.
(7) Except as otherwise provided under a licensee's condition of licence, and subject to subsection (6), an A.M. or F.M. licensee licensed to operate a station other than a commercial station shall, in any broadcast week, devote 30 per cent or more of its musical selections from content category 2 to Canadian selections and schedule those selections in a reasonable manner throughout each broadcast day.
(8) Except as otherwise provided under a licensee's condition of licence that applies after January 2, 1999, and subject to subsection (6), an A.M. or F.M. licensee licensed to operate a commercial station shall, in any broadcast week, devote 35 per cent or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.
(9) Except as otherwise provided under a licensee's condition of licence, and subject to subsection (6), an A.M. or F.M. licensee licensed to operate a commercial station shall, between six o'clock in the forenoon and six o'clock in the afternoon, in any period beginning on Monday of a week and ending on Friday of the same week, devote 35 per cent or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.
(10) Except as otherwise provided under a licensee's condition of licence, an A.M. or F.M. licensee licensed to operate a commercial station in the French language shall, between six o'clock in the forenoon and six o'clock in the afternoon, in any period beginning on Monday of a week and ending on Friday of the same week, devote 55 per cent or more of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety.
(11) For the purposes of this section, a montage shall be deemed to be a Canadian selection broadcast in its entirety if
(a) the total duration of the excerpts of Canadian selections from content category 2 is greater than 50 per cent of the total duration of the montage; and
(b) the total duration of the montage is 4 minutes or more.
(12) For the purposes of this section, a montage shall be deemed to be a musical selection in the French language broadcast in its entirety if
(a) the total duration of the excerpts of vocal musical selections in the French language from content category 2 is greater than 50 per cent of the total duration of the montage; and
(b) the total duration of the montage is 4 minutes or more.
3. Subparagraph 8(1)(c)(iv) of the Regulations is amended by striking out the word "and" at the end of clause (C) and by adding the following after clause (D):
(E) where applicable, the code set out in the schedule identifying non-Canadian programming, and
4. Subsection 14(1) of the French version of the Regulations is replaced by the following:
14. (1) Il est interdit au titulaire M.F. qui détient également une licence M.A. de diffuser simultanément sur les ondes de sa station M.F., au cours de la journée de diffusion, la matière radiodiffusée sur les ondes de sa station M.A. lorsqu'il y a chevauchement de toute partie du périmètre de rayonnement de 3 mV/m de la station M.F. et du périmètre de rayonnement de jour de 15 mV/m de la station M.A.
5. The title (see footnote 5) of the schedule to the Regulations is replaced by the following:
CODES INDICATING ORIGIN, LANGUAGE, TYPE AND GROUP OF PROGRAMMING AND NON-CANADIAN PROGRAMMING
6. The schedule to the Regulations is amended by adding the following after Part D:
E. Code Identifying Non-Canadian Programming
Item |
Column I Code |
Column II Description |
|---|---|---|
| 1. | NC | Programming that originates outside of Canada other than local programming, as defined in Public Notice CRTC 1993-38 dated April 19, 1993, published in the Canada Gazette, Part I on May 1, 1993, as amended from time to time |
COMING INTO FORCE
7. These Regulations come into force on January 3, 1999.
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PUBLIC NOTICE 1998-81
Proposed Regulations Amending the Radio Regulations, 1986 — Acquisition by Radio Licensees of Equity in Other Stations in the same Market and Language
1. The Commission proposes to make amendments to section 11 of the Radio Regulations, 1986, SOR/86-982, as amended (the existing regulations). A copy of the proposed Regulations Amending the Radio Regulations, 1986 (the proposed amendments) is appended to this public notice.
2. The proposed amendments result from the process initiated by the Commission in Public Notice CRTC 1997-104 to review its commercial radio policy. Following a public process that included written and oral phases, the Commission issued Public Notice CRTC 1998-41, dated April 30, 1998, and entitled Commercial Radio Policy 1998, setting out its revised policy for conventional commercial radio stations.
3. In Public Notice CRTC 1998-80 issued today, the Commission is also proposing amendments to sections 2 and 8, as well as to the schedule of the existing Regulations, to give effect to the Commission's revised policy with respect to the content of commercial radio programming. These amendments are proposed to come into effect on January 3, 1999.
4. The proposed amendments that are the subject of this public notice relate to acquisitions by licensees of equity in other radio stations operating in the same market and in the same language. These amendments are proposed to come into effect on the date of their registration.
Background
5. In Public Notice CRTC 1998-41, the Commission announced a revised common ownership policy. The policy stipulates:
In markets with less than eight commercial stations operating in a given language, a person may be permitted to own or control as many as three stations operating in that language, with a maximum of two stations in any one frequency band. In markets with eight commercial stations or more operating in a given language, a person may be permitted to own or control as many as two AM and two FM stations in that language.
6. The Commission stated that, in assessing a particular application under the new ownership policy, it would take into account, amongst other matters, the amount of equity (voting and non-voting) that the applicant may have in other radio stations operating in the same language in the market concerned.
7. In addition, the Commission indicated that it would propose an amendment to the existing regulations specifying that the licensee of a radio station must obtain the Commission's approval prior to acquiring a certain level of equity in another radio station operating in the same language and in the same market. These amendments are summarized below.
The Proposed Amendments
8. Under the proposed amendments, prior approval would be required for transactions in which the licensee of a radio station, its associate, or both taken together, acquire 30 percent or more of the common shares of another radio station operating in the same market and in the same language. Prior approval would also be required in circumstances where the licensee, its associate, or both taken together, acquire 40 percent or more of the common shares of another such station.
9. These requirements for prior Commission approval of share transactions would be in addition to those contained in paragraphs 11(4)(b) and 11(4)(c) of the existing Regulations with respect to transactions that result in the ownership of 50 percent or more of the common shares. Prior approval, however, would not be required in respect of transactions increasing the ownership of common shares from 30 percent or more to less than 40 percent, or from 40 percent or more to less than 50 percent.
10. The proposed amendments include a revised definition of "common shares" to include the notion of a security convertible into common shares. This amendment is consistent with the definition of "voting share" in the existing Regulations.
11. As stated in Public Notice CRTC 1998-41, the Commission is interested, in particular, in receiving comments as to the proposed level of equity that should trigger the filing of an application for its approval.
Comments
12. Interested parties wishing to comment on the proposed regulations must send their submissions to the Secretary General, Canadian Radio-television and Telecommunications Commission, Ottawa, Ontario K1A 0N2, by September 15, 1998. To be considered as part of the proceeding, a submission must be actually received by the Commission and not merely mailed by that date. While receipt of submissions will not be acknowledged, they will be considered by the Commission and will form part of the public record of the proceeding.
July 30, 1998
REGULATIONS AMENDING THE RADIO REGULATIONS, 1986
AMENDMENTS
1. (1) The definition "common shares" (see footnote 6) in subsection 11(1) of the Radio Regulations, 1986 (see footnote 7) is replaced by the following:
"common shares" means the shares that represent the residual equity in the earnings of the corporation, and include securities that are convertible into such shares at all times at the option of the holder and the preferred shares to which are attached rights to participate in the earnings of the corporation with no upper limit. (actions ordinaires)
2) Paragraph 11(4)(d) (see footnote 8) of the Regulations is replaced by the following:
(d) another A.M. or F.M. licensee that broadcasts in the same market and in the same language as the licensee, an associate of that other licensee or that other licensee together with its associate, who own less than
(i) 30 per cent of the issued common shares of the licensee or of a person who has, directly or indirectly, effective control of the licensee, owning 30 per cent or more but less than 40 per cent of those shares, or
(ii) 40 per cent of the issued common shares of the licensee or of a person who has, directly or indirectly, effective control of the licensee, owning 40 per cent or more but less than 50 per cent of those shares.
COMING INTO FORCE
2. These Regulations come into force on the date on which they are registered.
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DECISIONS
The complete texts of the decisions summarized below are available from the offices of the CRTC.
98-229 July 29, 1998
Viewer's Choice Canada Inc.
Eastern Canada
Approved — Request to contribute a percentage of net revenues to investment in Canadian films, rather than a fixed maximum amount.
98-230 July 29, 1998
Bea-Ver Communications Inc.
Chatham, Ontario
Denied — Addition of an FM transmitter at Chatham to rebroadcast CFCO's programming.
98-231 July 29, 1998
Niagara Television Limited
London/Alvinston, Ontario
Denied — Change in channel for distribution of CHCH-TV-2 and decrease in the effective radiated power.
98-232 July 29, 1998
Native Communication Inc.
Thompson and Berens River, Cross Lake, Fort Alexander, etc., Manitoba
Approved — Addition to the licence of CINC-FM Thompson of the transmitters at the locations noted in the decision for which Native Communication Inc. holds separate licences.
98-233 July 29, 1998
Fairchild Radio (Vancouver FM) Ltd.
Calgary, Alberta
Approved — Change to technical parameters for CHKF-FM Calgary.
98-234 July 29, 1998
Premier Choix Networks Inc.
Across Canada
Approved — Renewal of the broadcasting licence for the French-language specialty programming undertaking known as Canal D, from September 1, 1998, to August 31, 2005.
Approved — Distribution of a maximum of 12 minutes of advertising material during each clock hour.
Denied — Other proposed amendments.
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DECISIONS AND ORDERS ON CLAIMS FOR EXEMPTION
Pursuant to paragraph 18(1)(a) of the Hazardous Materials Information Review Act, the Acting Chief Screening Officer of the Hazardous Materials Information Review Commission hereby gives notice of the decision of the Screening Officer, respecting each claim for exemption, and the relevant Material Safety Data Sheets (MSDSs), listed below.
Claimant |
Product Identifier (As shown on the MSDS) |
Registry Number |
MSDS Preparation Date (As shown on the MSDS) |
|---|---|---|---|
| Ethyl Corporation, Richmond, Virginia |
HiTEC 324 Performance Additive |
1195-002 | 10/03/96 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 370 Performance Additive |
1195-004 | 10/10/96 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 580 Performance Additive |
1195-006 | 07/02/96 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 509 Performance Additive |
1196-006 | 01/17/97 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 536 Performance Additive |
1196-008 | 10/30/96 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 890 Performance Additive |
1196-019 | 08/05/96 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 2893 Performance Additive |
1196-040 | 08/06/96 |
| The Lubrizol Corporation, Wickliffe, Ohio |
LUBRIZOL(r) 397 | 3077 | 03/01/94 (English/anglaise) 01/17/1992 (French/française) |
| The Lubrizol Corporation, Wickliffe, Ohio |
LUBRIZOL(r) 560 | 3085 | 03/01/94 (English/anglaise) 12/16/91 (French/française) |
| The Lubrizol Corporation, Wickliffe, Ohio |
LUBRIZOL(r) 2359 | 3100 | 07/10/1995 |
| The Lubrizol Corporation, Wickliffe, Ohio |
LUBRIZOL(r) 2359B | 3101 | 07/10/1995 |
| The Lubrizol Corporation, Wickliffe, Ohio |
LUBRIZOL(r) 5162 | 3106 | 03/07/1995 |
| The Lubrizol Corporation, Wickliffe, Ohio |
LUBRIZOL(r) 850 | 3119 | 03/06/1995 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND THINNER 9701 - UV CURING DILUANT " SCOTCHCAL " 9701 - SÉCHAGE PAR ULTRAVIOLETS |
3397 | 11/06/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9702 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9702 - SÉCHAGE PAR ULTRAVIOLETS |
3398 | 11/06/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9703 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9703 - SÉCHAGE PAR ULTRAVIOLETS |
3399 | 11/06/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9705 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9705 - SÉCHAGE PAR ULTRAVIOLETS |
3400 | 11/06/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND TONER 9710 - UV CURING VIREUR " SCOTCHCAL " 9710 - SÉCHAGE PAR ULTRAVIOLETS |
3401 | 04/01/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9712 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9712 - SÉCHAGE PAR ULTRAVIOLETS |
3402 | 11/06/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9714 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9714 - SÉCHAGE PAR ULTRAVIOLETS |
3403 | 11/06/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9715 (LF) - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9715 (LF) - SÉCHAGE PAR ULTRAVIOLETS |
3404 | 12/15/95 (English/anglaise) 07/09/95 (French/française) |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9716 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9716 - SÉCHAGE PAR ULTRAVIOLETS |
3405 | 11/07/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND OVERPRINT CLEAR 9720 - UV CURING VERNIS POUR SURIMPRESSION " SCOTCHCAL " 9720 - SÉCHAGE PAR ULTRAVIOLETS |
3406 | 04/08/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9724 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9724 - SÉCHAGE PAR ULTRAVIOLETS |
3407 | 11/07/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9725 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9725 - SÉCHAGE PAR ULTRAVIOLETS |
3408 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9727 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9727 - SÉCHAGE PAR ULTRAVIOLETS |
3409 | 11/07/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9733 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9733 - SÉCHAGE PAR ULTRAVIOLETS |
3410 | 11/07/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9735 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9735 - SÉCHAGE PAR ULTRAVIOLETS |
3411 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9737 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9737 - SÉCHAGE PAR ULTRAVIOLETS |
3412 | 11/07/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9752 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9752 - SÉCHAGE PAR ULTRAVIOLETS |
3413 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9753 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9753 - SÉCHAGE PAR ULTRAVIOLETS |
3414 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9757 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9757 - SÉCHAGE PAR ULTRAVIOLETS |
3415 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9767 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9767 - SÉCHAGE PAR ULTRAVIOLETS |
3416 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9770 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9770 - SÉCHAGE PAR ULTRAVIOLETS |
3417 | 11/07/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9771 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9771 - SÉCHAGE PAR ULTRAVIOLETS |
3418 | 11/07/94 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9772 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9772 - SÉCHAGE PAR ULTRAVIOLETS |
3419 | 03/27/96 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9791 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9791 - SÉCHAGE PAR ULTRAVIOLETS |
3420 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9792 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9792 - SÉCHAGE PAR ULTRAVIOLETS |
3421 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9795 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9795 - SÉCHAGE AUX UV |
3422 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND SCREEN PRINTING INK 9796 - UV CURING ENCRE SÉRIGRAPHIQUE " SCOTCHCAL " 9796 - SÉCHAGE PAR ULTRAVIOLETS |
3423 | 12/15/95 |
| 3M Canada Company, formerly/ antérieurement 3M Canada Inc. London, Ontario |
"SCOTCHCAL" BRAND HALFTONE BASE 9797-UV CURING COULEUR DE BASE " SCOTCHCAL " POUR SIMILIGRAVURE 9797 - SÉCHAGE PAR ULTRAVIOLETS |
3424 | 12/15/95 |
| Morton International, West Alexandria, Ohio |
Thixon 5001 | 3433 | 9/27/95 |
| Union Carbide Canada Inc., Anjou, Québec |
UCAR HTF System Degreaser Dégraissant UCAR HTF pour systèmes caloporteurs formerly/antérieurement NORKOOL DEGREASER/EMULSIFIER DG/E 803 |
3493 | November 24, 1995 (English/anglaise) le 24 novembre 1995 (French/française) |
| Liquid Metal Products Inc., Council Bluffs, Iowa | LSR-7 Ladle Desulphurizer | 3615 | 9 January, 1997 |
| Chevron Chemical (Canada) Ltd., Burlington, Ontario |
OGA 521 | 3628 | 02/02/95 |
| Ethyl Corporation, Richmond, Virginia |
HiTEC 1230 Performance Additive | 3663 | 06/10/96 |
| CYTEC Canada Inc., Niagara Falls, Ontario |
CYCOM 919 on Fiberglass formerly/antérieurement CYCOM 919 Structural Resin | 3673 | 05/15/95 (English/anglaise) 15/05/95 (French/française) |
| CYTEC Canada Inc., Niagara Falls, Ontario |
CYCOM 919 Aramid Fiber Prepreg Fibre d'aramide préimprégnée CYCOM 919 |
3674 | 05/15/95 (English/anglaise) 15/05/95 (French/française) |
| CYTEC Canada Inc., Niagara Falls, Ontario |
CYCOM 919 on Graphite | 3675 | 05/15/95 (English/anglaise) 15/05/95 (French/française) |
| Union Carbide Canada Inc., Anjou, Québec |
UCARSOL HS Solvent 134 Solvant UCARSOL HS 134 |
3813 | June 27, 1996 (English/anglaise) le 27 juin 1996 (French/française) |
| Union Carbide Canada Inc., Anjou, Québec |
UCARKLEAN Solution AC Solution UCARKLEAN AC |
3814 | June 6, 1996 (English/anglaise) le 6 juin 1996 (French/française) |
| BetzDearborn Canada Inc., Mississauga, Ontario formerly/antérieurement Betz Inc., Kanata, Ontario |
Betz Philmplus 5K1 | 3815 | 13-Jun-96 (English/anglaise) 6/13/96 (French/française) |
| BetzDearborn Canada Inc., Mississauga, Ontario formerly/antérieurement Betz Inc., Kanata, Ontario |
Betz Philmplus 5K2 | 3816 | 13-Jun-96 (English/anglaise) 6/13/96 (French/française) |
| BetzDearborn Canada Inc., Mississauga, Ontario formerly/antérieurement Betz Inc., Kanata, Ontario |
Betz Philmplus 5K6 | 3817 | 13-Jun-96 (English/anglaise) 6/14/96 (French/française) |
| Nalco/Exxon Energy Chemicals Canada Inc., Calgary, Alberta |
EC1141A | 3818 | September 10, 1996 (English/anglaise) 10 SEPTEMBRE 1996 (French/française) |
| Morton International, Inc., Cincinnati, Ohio |
ADVASTAB(R) TM-281 SP Methyltin Mercaptide Advastab(R) TM-281 SP Mercaptide de méthylétain |
3823 | 8/26/96 (English/anglaise) le 26 août 1996 (French/française) |
| Morton International, Inc., Cincinnati, Ohio |
ADVASTAB(R) TM-283 IM Methyltin Mercaptide Advastab(R) TM-283 IM Mercaptide de méthylétain |
3824 | 8/02/96 (English/anglaise) le 2 août 1996 (French/française) |
| Morton International, Inc., Cincinnati, Ohio |
ADVASTAB(R) TM-283 SP Methyltin Mercaptide Advastab(R) TM-283 SP Mercaptide de méthylétain |
3825 | 8/02/96 (English/anglaise) le 2 août 1996 (French/française) |
| Morton International, Inc., Cincinnati, Ohio |
ADVASTAB(R) TM-297 Methyltin Mercaptide Advastab(R) TM-297 Mercaptide de méthylétain |
3826 | 11/18/96 (English/anglaise) le 18 novembre 1996 (French/française) |
| Morton International, Inc., Cincinnati, Ohio |
ADVASTAB(R) TM-692 Methyltin Mercaptide Advastab(R) TM-692 Mercaptide de méthylétain |
3827 | 8/26/96 (English/anglaise) le 26 août 1996 (French/française) |
| Morton International, Inc., Cincinnati, Ohio |
ADVASTAB(R) TM-694 Methyltin Mercaptide Advastab(R) TM-694 Mercaptide de méthylétain |
3828 | 8/26/96 (English/anglaise) le 26 août 1996 (French/française) |
| Raybo Chemical Company, Huntington, West Virginia | Raybo 60 NoRust | 3829 | Jul 03/96 (English/anglaise) Jui 03/96 (French/française) |
| Union Carbide Canada Inc., Anjou, Québec |
TRITON DF-12 Surfactant Surfactif TRITON DF-12 |
3833 | August 22, 1996 (English/anglaise) le 22 août 1996 (French/française) |
| CYTEC Canada Inc., Niagara Falls, Ontario |
BR 227 Primer | 3836 | 12/12/96 |
| CYTEC Canada Inc., Niagara Falls, Ontario |
BR 227 Pour Coat 30% Solids | 3837 | 12/12/96 |
| CYTEC Canada Inc., Niagara Falls, Ontario |
BR 227A Primer | 3838 | 02/20/97 |
| CYTEC Canada Inc., Niagara Falls, Ontario |
BR 1000 Adhesive Primer | 3839 | 12/12/96 |
| CYTEC Canada Inc., Niagara Falls, Ontario |
BR 1009-8 Tack Primer | 3840 | 12/12/96 |
| Fuji Photo Film Canada Inc., Mississauga, Ontario | CN-16L N4-R Stabilizer Replenisher CN-16L N4-R Régénérateur de stabilisateur |
3846 | December 10, 1996 (English/anglaise) 10 décembre 1996 (French/française) |
| Fuji Photo Film Canada Inc., Mississauga, Ontario | CN-16L N3-R Fixer CN-16L N3-R Fixateur |
3848 | April 10, 1997 (English/anglaise) 10 avril 1997 (French/française) |
| Raybo Chemical Company, Huntington, West Virginia | Raybo 57 OptiSperse HS | 3849 | SEP 10/96 |
| Raybo Chemical Company, Huntington, West Virginia | Raybo 62 HydroFlo | 3850 | SEP 10/96 |
| Raybo Chemical Company, Huntington, West Virginia | Raybo 77 AlGel | 3851 | SEP 10/96 |
| Raybo Chemical Company, Huntington, West Virginia | Raybo 85 Rustib | 3852 | SEP 10/96 |
| Fuji Photo Film Canada Inc., Mississauga, Ontario | CP-47L P1-CR Developer Replenisher CP-47L P1-CR Révélateur régénérateur |
3853 | April 10, 1997 (English/anglaise) 10 avril 1997 (French/française) |
| Hercules Canada Inc., Mississauga, Ontario |
HERCULES(r) 247 RELEASE AGENT HERCULESDM AGENT DE LIBÉRATION 247 |
3865 | 97-02-12 |
| Hercules Canada Inc., Mississauga, Ontario |
CREPETROL(r) R6390 release agent formerly/antérieurement Hercules(r) PTD D-0900 Release Agent |
3870 | 97/12/15 |
| Dow Chemical Canada Inc., Calgary, Alberta |
GAS/SPEC (R) CS-1M SOLVENT SOLVANT GAS/SPEC* CS-1M |
3871 | 11/13/96 (English/anglaise) 13 novembre 1998 (French/française) |
| Dow Chemical Canada Inc., Calgary, Alberta |
GAS/SPEC (R) CS-1M SOLVENT FF SOLVANT GAS/SPEC* CS-1M, FF |
3872 | 11/13/96 (English/anglaise) 13 novembre 1998 (French/française) |
| BYK-Chemie USA, Wallingford, Connecticut |
Anti-Terra-202 | 3913 | 01/01/97 |
| BYK-Chemie USA, Wallingford, Connecticut |
Lactimon-WS | 3917 | 01/15/97 |
| Shell Chemicals Canada Limited, Calgary, Alberta |
EPI-CURE 3192 | 3922 | 1996/11/28 |
| Shell Chemicals Canada Limited, Calgary, Alberta |
EPON 824 | 3923 | 1997/01/16 |
| Baker Petrolite, formerly/antérieurement Baker Performance Chemicals, Calgary, Alberta |
MAGNACLEAR(R) WC-6302 | 3944 | 01/16/97 |
| Baker Petrolite, formerly/antérieurement Baker Performance Chemicals, Calgary, Alberta |
CALNOX(r) SI-4405 | 3956 | 01/29/97 |
| Baker Petrolite, formerly/antérieurement Baker Performance Chemicals, Calgary, Alberta |
CALNOX(r) SI-4408 | 3957 | 01/29/97 |
| Rohm and Haas Canada, Inc., West Hill, Ontario |
Monomer QM-516, Experimental | 3965 | 03/10/97 |
Notes: 1. The notice of filing, published in the Canada Gazette, Part I, on October 7, 1995, incorrectly listed the product identifiers for the controlled products associated with the claims bearing Registry Numbers 1196-006, 1196-008, 1196-019 and 1196-040 as HiTEC 509, HiTEC 536, HiTEC 890 and HiTEC 2893. The correct product identifiers are HiTEC 509 Performance Additive, HiTEC 536 Performance Additive, HiTEC 890 Performance Additive and HiTEC 2893 Performance Additive, respectively.
2. The notice of filing, published in the Canada Gazette, Part I, on October 7, 1995, listed the product identifier for the controlled product associated with the claim bearing Registry Number 3674 as CYCOM 985 Structural Resin. The correct product identifier is CYCOM 919 on Graphite.
3. The notice of filing published in the Canada Gazette, Part I, on November 2, 1996, incorrectly listed the product identifiers for the controlled products associated with the claims bearing Registry Numbers 3815, 3816 and 3817 as BETZ PHILMPLUS 5K1, BETZ PHILMPLUS 5K2 and BETZ PHILMPLUS 5K6. The correct product identifiers are Betz Philmplus 5K1, Betz Philmplus 5K2 and Betz Philmplus 5K6, respectively.
There were no submissions from affected parties to the Screening Officer with respect to any of the above claims for exemption and related MSDSs.
Each of the claims for exemption listed above was found to be valid. The Screening Officer reached this decision after reviewing the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. After consultation with officials of the Department of Health, and having regard for the various data readily available in the literature and any information provided by the claimant, the Screening Officer found that with the exceptions of those claims bearing Registry Numbers 1196-008, 3615, 3823, 3824, 3825, 3827, 3848, and 3865, the respective MSDS relating to each claim did not comply with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.
Registry Numbers 1195-002, 1195-004 and 1195-006
Note: 1. The notice of filing published in the Canada Gazette, Part I, on October 7, 1995, listed the subject of the claim bearing Registry Number 1195-002 to be the chemical identity and concentration of four ingredients. It has since been established that the subject of the claim is the chemical identity and concentration of six ingredients.
Note: 2. The notice of filing published in the Canada Gazette, Part I, on October 7, 1995, listed the subject of the claim bearing Registry Number 1195-004 to be the chemical identity and concentration of three ingredients. It has since been established that the subject of the claim is the chemical identity and concentration of four ingredients.
Date of Decisions: October 23, 1997
The claimant has been ordered to amend certain aspects of the format, content and wording of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Registry Number 1195-002: Disclose that subacute absorption of an ingredient in the controlled product has been shown to cause harmful effects in laboratory animals;
2. Registry Number 1195-004: In relation to the first aid information shown on the MSDS for ingestion, add that immediate medical advice be obtained should ingestion occur;
3. Registry Number 1195-006:
(a) Disclose an LD50 (oral, rat) value of 12 000 mg/kg, an LD50 (dermal, rabbit) range value of 5 010-7 940 mg/kg and a lower bound of 2.36 g/m3 for the LC50 (6 hours, rat) for the controlled product;
(b) Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause liver and kidney damage in laboratory animals;
(c) Disclose that an ingredient in the controlled product is a skin sensitizer;
(d) If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2B.
Registry Number 1196-006
Note: The notice of filing published in the Canada Gazette, Part I, on October 7, 1995, listed the subject of the claim bearing Registry Number 1196-006 to be the chemical identity and concentration of three ingredients. It has since been established that the subject of the claim is the chemical identity and concentration of six ingredients.
Date of Decision: December 1, 1997
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose an LD50 (oral, male rabbit) value of 1 180 mg/kg, and an LD50 (dermal, rabbit) value of 2.38 mL/kg for 2-ethyl-1-hexanol;
2. Disclose that subacute ingestion of an ingredient in the controlled product has been shown to cause adverse effects on the immune system in laboratory animals;
3. Disclose that an ingredient in the controlled product has shown positive results in a screening test for mutagenicity;
4. Disclose that caffeine interacts synergistically with an ingredient in the controlled product;
5. Disclose the presence of two additional confidential hazardous ingredients in the controlled product.
Registry Number 1196-008
Date of Decision: December 1, 1997
The Screening Officer found that the MSDS to which this claim relates complied with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.
Registry Numbers 1196-019 and 1196-040
Note: The notice of filing published in the Canada Gazette, Part I, on October 7, 1995, listed the subject of the claim bearing Registry Number 1196-019 to be the chemical identity and concentration of two ingredients. It has since been established that the subject of the claim is the chemical identity and concentration of three ingredients.
Date of Decisions: December 1, 1997
The claimant has been ordered to amend certain aspects of the format and content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose that an ingredient in the controlled product is a skin sensitizer;
2. In relation to the first aid information shown on the MSDS for skin contact, add that soap should be used along with water to remove the controlled product should skin contact occur;
3. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: Never give anything by mouth if the casualty is rapidly losing consciousness, or is unconscious or convulsing. Obtain medical attention.
Registry Number 3077
Date of Decision: February 16, 1998
The claimant has been ordered to amend certain aspects of the format and content of the MSDS.
Registry Number 3085
Date of Decision: November 7, 1997
The claimant has been ordered to amend certain aspects of the format, content and wording of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional hazardous ingredient in the controlled product, together with its CAS Registry Number and percent concentration;
2. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration;
3. Disclose that containers should be grounded when transferring quantities of the controlled product;
4. Disclose an LC50 (4 hours, rat) value of 6 700 ppm for xylene;
5. Disclose an LC50 (rat, 4 hours, saturated vapour) value of > 590 mg/m3 for heavy aromatic naphtha;
6. Disclose that acute inhalation of an ingredient in the controlled product has been shown to cause adverse heart effects;
7. Disclose that chronic inhalation of an ingredient in the controlled product has been shown to cause hearing loss in laboratory animals;
8. Disclose that an ingredient in the controlled product has been shown to cause fetal injury in laboratory animals;
9. Disclose that xylene has been shown to act as a synergist in relation to the maternotoxic and embryotoxic effects of acetylsalicylic acid observed in laboratory animals.
Registry Numbers 3100 and 3101
Date of Decisions: February 16, 1998
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. In relation to the first aid information shown on the MSDS for ingestion, add that if vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration;
2. Add oxides of carbon to the list of hazardous combustion products.
Registry Number 3106
Date of Decision: October 15, 1997
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose that acute dermal exposure to an ingredient in the controlled product has been shown to cause adverse CNS effects in laboratory animals.
Registry Number 3119
Date of Decision: October 15, 1997
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose an LD50 (oral, rat) value for the controlled product.
Registry Numbers 3397 to 3424, inclusive
Date of Decisions: March 31, 1998
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional hazardous ingredient in the controlled product together with its percent concentration;
2. Disclose oxides of carbon and nitrogen as hazardous combustion products;
3. Disclose an LD50 (dermal, rabbit) value of 3 600 mg/kg for 1,6-hexanediol diacrylate;
4. Disclose an Exposure Limit Value AIHA WEEL-TWA = 1 mg/m3 (skin), for 1,6-hexanediol diacrylate;
5. Disclose that an ingredient in the controlled product has shown positive results in a screening test for mutagenicity;
6. Registry Number 3406:
(a) Disclose the presence of an additional hazardous ingredient in the controlled product, together with its percent concentration, Exposure Limit Value and LD50 and LC50 values;
(b) Disclose that a second ingredient in the controlled product has shown positive results in screening tests for mutagenicity;
7. Registry Number 3410: Disclose that a second ingredient in the controlled product has shown positive results in screening tests for mutagenicity;
8. Registry Number 3424:
(a) Disclose an LD50 (oral, rat) value of >64 mL/kg, an LD50 (dermal, rabbit) value of >16 mL/kg and an LC50 (4 hours, rat) range of 315 mg/m3 to 708 mg/m3 for dimethyl siloxane, reaction product with silica;
(b) If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D1B;
9. Registry Numbers 3400 and 3422:
(a) Disclose an LC50 (1 hour, rat) value of 27 000 mg/m3 for carbon black;
(b) Delete the Product Identification Number (PIN) for carbon black;
(c) Disclose that an ingredient in the controlled product has shown positive results in in vivo and in vitro screening tests for mutagenicity;
(d) If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A;
10. Registry Numbers 3419 and 3421:
a) Disclose an LD50 (dermal, rabbit) value of >1 000 mg/kg for melamine;
b) Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause bladder stones, adverse kidney effects and bladder tumours in laboratory animals;
11. Registry Numbers 3398, 3402 and 3410: Disclose oxides of sulphur as hazardous combustion products;
12. Registry Numbers 3408, 3411, 3416 and 3421: Disclose the presence of two additional hazardous ingredients in the controlled product, together with their percent concentrations;
13. Registry Numbers 3398, 3402, 3408, 3410, 3419 and 3421: If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2B;
14. Registry Numbers 3398, 3402-5, 3407, 3409-10, 3412 and 3417-18: Disclose that an ingredient in the controlled product has shown positive results in in vivo and in vitro screening tests for mutagenicity;
15. Registry Numbers 3397, 3400-1, 3403, 3405, 3413-15, 3419-20 and 3422-23: Disclose the presence of an additional hazardous ingredient in the controlled product, together with its percent concentration.
Registry Number 3433
Date of Decision: November 6, 1997
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose that ingredients in the controlled product have been classified as possibly carcinogenic to humans (Group 2B) by the International Agency for Research on Cancer (IARC) and that chronic inhalation of one of them has been shown to cause neoplastic and non-neoplastic lung lesions in laboratory animals;
2. Disclose that acute exposure by eye contact to an ingredient in the controlled product has been shown to cause moderate to severe irritation to the eyes of laboratory animals;
3. Disclose that an ingredient in the controlled product has shown positive results in in vivo and in vitro screening tests for mutagenicity;
4. Disclose the Exposure Limit Value ACGIH TLV-TWA = 0.05 mg/m3 (as Pb) for inorganic lead compounds;
5. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A.
Registry Number 3493
Note: The Notice of Filing published in the Canada Gazette, Part I, on January 28, 1995, listed the subject of the claim bearing Registry Number 3493 to be the chemical identity of two ingredients. It has since been established that the subject of the claim is the chemical identity of three ingredients.
Date of Decision: November 27, 1997
The claimant has been ordered to amend certain aspects of content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional confidential hazardous ingredient in the controlled product, together with its percent concentration;
2. Disclose an LD50 (oral, female rat) value for the controlled product;
3. Disclose the value of a lower bound for the dermal LD50 value for the controlled product;
4. In relation to the first aid information shown on the MSDS for ingestion, add that if vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration.
Registry Number 3615
Date of Decision: January 28, 1998
The Screening Officer found that the MSDS to which this claim relates complied with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.
Registry Number 3628
Note: The notice of filing, published in the Canada Gazette, Part I, on May 6, 1995, listed the subject of the claim bearing Registry Number 3628 to be the chemical identity and concentration of one ingredient. It has since been established that the subject of the claim is the chemical identity and concentration of two ingredients.
Date of Decision: March 16, 1998
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional confidential hazardous ingredient in the controlled product;
2. In relation to the first aid information shown on the MSDS for ingestion, add that if vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration;
3. Disclose an LD50 (oral, rat) value of 2 900-3 200 mg/kg for solvent naphtha.
Registry Number 3663
Note: The notice of filing published in the Canada Gazette, Part I, on October 7, 1995, listed the subject of the claim bearing Registry Number 3663 to be the chemical identity and concentration of two ingredients. It has since been established that the subject of the claim is the chemical identity and concentration of three ingredients.
Date of Decision: October 23, 1997
The claimant has been ordered to amend certain aspects of the format and content of the MSDS.
Registry Numbers 3673 to 3675, inclusive
Date of Decisions: November 6, 1997
The claimant has been ordered to amend certain aspects of the content and wording of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Indicate that the MSDS also pertains to CYCOM 919 on Fiberglass and CYCOM 919 on Graphite;
2. Clearly indicate which hazardous ingredient is present in which controlled product together with either their actual concentration or an acceptable range value;
3. Disclose that in cases of inhalation exposure, the casualty should be moved to fresh air and medical assistance obtained;
4. Add bromine and bromides to the list of hazardous decomposition or combustion products applicable to Registry Numbers 3673 and 3675;
5. Disclose that an ingredient in the controlled product has shown positive results in screening tests for mutagenicity.
Registry Number 3813
Date of Decision: October 9, 1997
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. In relation to the first aid information shown on the MSDS for ingestion, add that if vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration.
Registry Number 3814
Date of Decision: November 27, 1997
Note: The notice of filing published in the Canada Gazette, Part I, on January 28, 1995, listed the subject of the claim bearing Registry Number 3814 to be the chemical identity of two ingredients. It has since been established that the subject of the claim is the chemical identity of three ingredients.
The claimant has been ordered to amend certain aspects of content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional confidential hazardous ingredient in the controlled product, together with its percent concentration;
2. In relation to the first aid information shown on the MSDS for ingestion, add that if vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration.
Registry Numbers 3815 to 3817, inclusive
Date of Decisions: February 10, 1998
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose oxides of carbon and nitrogen as hazardous combustion products;
2. Registry Number 3817: On the French version of the MSDS, disclose the percent concentration of heavy aromatic naphtha in an acceptable manner;
3. Registry Numbers 3815 and 3816: In relation to the first aid information shown on the MSDS for skin contact, disclose a statement to the effect that contaminated footwear and leather goods should be removed.
Registry Number 3818
Date of Decision: October 2, 1997
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. In relation to the first aid information shown on the MSDS for eye contact, disclose that flushing with gently flowing lukewarm water should continue for at least 20 minutes;
2. In relation to the first aid information shown on the MSDS for skin contact, disclose that flushing with gently flowing lukewarm water should continue for at least 20 minutes;
3. In relation to the first aid information shown on the MSDS for ingestion, disclose a statement such as the following: Never give anything by mouth if the casualty is rapidly losing consciousness, or convulsing. Have casualty drink 250-300 mL of water to dilute the ingested material. If milk is available, it may be given after the water. If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration.
Registry Numbers 3823, 3824, 3825 and 3827
Date of Decisions: March 31, 1998
The Screening Officer found that the MSDSs to which these claims relate complied with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.
Registry Numbers 3826 and 3828
Date of Decisions: March 31, 1998
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Registry Number 3826:
(a) Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse liver effects, hemorrhaging and developmental toxicity in laboratory animals;
(b) Disclose that an ingredient in the controlled product has shown positive test results in in vitro screening tests for mutagenicity, and disclose that another ingredient in the controlled product has shown positive test results in in vivo and in vitro screening tests for mutagenicity;
(c) If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in classes D1A and D2A;
2. Registry Number 3828:
(a) Disclose that an ingredient in the controlled product has shown positive results in an in vitro screening test for mutagenicity;
(b) If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D1A.
Registry Number 3829
Date of Decision: December 15, 1997
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Correct the impression that Exposure Limit Values and acute lethality values are part of the claim for exemption for two of the confidential business ingredients;
2. Disclose LC50 values for one of the confidential hazardous ingredients;
3. In relation to the first aid information shown on the MSDS for eye contact, disclose that flushing should continue for 20 to 60 minutes and remove the phrase "if irritation persists" from the advice to seek medical attention;
4. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: Have casualty rinse their mouth thoroughly with water. Have casualty drink 250-300 mL of water. Never give anything by mouth if the casualty is rapidly losing consciousness, or is unconscious or convulsing;
5. Disclose that ingestion of an ingredient in the controlled product has caused methemoglobinemia;
6. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause lung damage and systemic toxicity in laboratory animals.
Registry Number 3833
Date of Decision: November 4, 1997
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: If vomiting occurs naturally, have casualty lean forward to reduce the risk of aspiration;
2. Remove hydrogen chloride from the list of hazardous combustion products.
Registry Numbers 3836 to 3840, inclusive
Date of Decisions: March 18, 1998
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Registry Number 3838:
(a) Disclose the generic chemical identity for two of the confidential hazardous ingredients, together with either their actual concentration or an acceptable range value;
(b) Disclose the presence of 1,3-dioxolane in the controlled product, its CAS Registry Number, and its percent concentration;
(c) Disclose an LC50 (4 hours, female rat) value of 5 060 ppm for toluene;
(d) Disclose that ingestion of an ingredient of the controlled product has been shown to cause harmful effects on the respiratory system, kidneys, liver and heart and has caused mild gastritis in laboratory animals;
(e) Disclose that "Aspiration can be a hazard if this material is swallowed" under the potential health effects due to ingestion;
(f) Disclose that if an ingredient in the controlled product is aspirated, pneumonitis, pulmonary edema and hemorrhaging could occur;
(g) Disclose that inhalation of an ingredient in the controlled product has been shown to cause irritation of the kidneys in laboratory animals;
(h) Disclose that subchronic ingestion of an ingredient in the controlled product has been shown to cause damage to the brain and the bladder in laboratory animals;
(i) Disclose that chronic inhalation of an ingredient in the controlled product has been shown to cause permanent hearing loss as well as damage to the optic nerves in laboratory animals;
(j) Disclose that the toxicity of an ingredient in the controlled product is increased by n-hexane, benzene and xylene;
2. Registry Number 3839:
(a) Disclose that in cases of inhalation exposure, the source of exposure should be removed or casualty should be moved to fresh air and medical assistance obtained immediately;
(b) Disclose that ingestion of an ingredient of the controlled product has been shown to cause harmful gastrointestinal and CNS effects;
(c) Disclose that an ingredient in the controlled product has shown positive results in an in vitro screening test for mutagenicity;
3. Registry Number 3840:
(a) Disclose first aid advice applicable to cases of ingestion similar to the following: If swallowed, obtain medical advice immediately. Never give anything by mouth if the casualty is rapidly losing consciousness, unconscious, or convulsing. Only induce vomiting at the instructions of a physician. If vomiting occurs naturally, have the casualty lean forward to reduce the risk of aspiration;
(b) Disclose that ingestion of ingredients of the controlled product has been shown to cause harmful effects on the central nervous system;
(c) Disclose that ingestion of an ingredient of the controlled product has been shown to cause harmful gastrointestinal effects and that ingestion of an ingredient in the controlled product has caused methemoglobinemia and a decrease in red blood cell numbers;
(d) Disclose that an ingredient in the controlled product has shown positive results in in vitro screening tests for mutagenicity;
(e) Disclose that hydroquinone acts synergistically with an ingredient in the controlled product in in vitro screening tests for mutagenicity;
4. Registry Numbers 3836 and 3837:
(a) Disclose that subchronic inhalation of an ingredient in the controlled product has been shown to cause adverse liver effects and gastrointestinal irritation in laboratory animals;
(b) Disclose that an ingredient in the controlled product has been shown to cause fetotoxic effects in laboratory animals;
5. Registry Numbers 3838 and 3840:
(a) Disclose that subacute ingestion of an ingredient in the controlled product has been shown to cause a decrease in white blood cells and platelets and damage to the liver, kidney, testes and thymus and death in laboratory animals;
(b) Disclose that subchronic inhalation of high levels of an ingredient in the controlled product has been shown to cause a decrease in white blood cells and liver damage in laboratory animals;
(c) Disclose that an ingredient in the controlled product has shown positive test results in in vivo and in vitro screening tests for mutagenicity;
6. Registry Numbers 3839 and 3840:
(a) Disclose that inhalation of ingredients in the controlled product has been shown to cause irritation to the gastrointestinal tract;
(b) Disclose that chronic absorption of an ingredient in the controlled product has resulted in ocular disturbances and blindness;
(c) Disclose that an ingredient in the controlled product is considered to be a teratogen and a fetotoxin (by inhalation) in laboratory animals;
(d) If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A;
7. Registry Numbers 3836, 3837 and 3838:
(a) Disclose that ingredients in the controlled product have shown positive results in in vitro screening tests for mutagenicity;
(b) Disclose that an ingredient in the controlled product has shown positive results in a screening test for mutagenicity;
(c) Disclose first aid advice applicable to cases of ingestion similar to the following: Never give anything by mouth if the casualty is rapidly losing consciousness, unconscious, or convulsing. Do not induce vomiting. Have casualty drink 250-300 mL of water to dilute the ingested material in the stomach. If vomiting occurs naturally, have the casualty lean forward to reduce the risk of aspiration and repeat the administration of water. Obtain medical advice immediately;
8. Registry Numbers 3836, 3837, 3838 and 3840: In relation to the first aid information shown on the MSDS for inhalation, add that medical assistance should be obtained immediately.
Registry Number 3846
Date of Decision: October 9, 1997
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D2A;
2. Disclose an LD50 (dermal, female rat) value of 3 129 mg/kg for 1,2,4-triazole;
3. Disclose that an ingredient in the controlled product has been shown to cause fetotoxic effects in laboratory animals.
Registry Number 3848
Date of Decision: March 30, 1998
The Screening Officer found that the MSDS to which this claim relates complied with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.
Registry Numbers 3849 to 3852, inclusive
Date of Decisions: December 15, 1997
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. In relation to the first aid information shown on the MSDS for ingestion, add a statement such as the following: Have casualty rinse their mouth thoroughly with water. Have casualty drink 250-300 mL of water. Never give anything by mouth if the casualty is rapidly losing consciousness, or is unconscious or convulsing;
2. Registry Number 3849: In relation to the first aid information shown on the MSDS for eye contact, remove the statement that medical attention should be sought only in cases where irritation persists. Disclose that immediate medical attention should be sought in all cases, and that flushing should continue for at least 20 minutes;
3. Registry Number 3850:
(a) Disclose LD50 values and an LC50 value for the confidential hazardous ingredient;
(b) In relation to the first aid information shown on the MSDS for skin contact, add that the area of contact should first be flushed with large quantities of water, contaminated clothing should be removed under running water, and medical advice obtained;
(c) Delete the vapour pressure value currently shown on the MSDS;
(d) Delete the vapour density value currently shown on the MSDS;
4. Registry Numbers 3849 and 3852: In relation to the first aid information shown on the MSDS for skin contact, add that contaminated clothing should be removed under running water, that flushing should continue for at least 20 minutes and that medical advice should be sought immediately.
Registry Number 3853
Date of Decision: March 30, 1998
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause kidney damage in laboratory animals;
2. Disclose the ACGIH Exposure Limit Value for triethanolamine;
3. Disclose that an ingredient in the controlled product may cause skin sensitization.
Registry Number 3865
Date of Decision: March 31, 1998
The Screening Officer found that the MSDS to which this claim relates complied with the applicable disclosure requirements of the Hazardous Products Act and the Controlled Products Regulations.
Registry Number 3870
Date of Decision: March 18, 1998
The claimant has been ordered to amend certain aspects of the content of the MSDS.
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been further ordered to amend the MSDS as indicated below.
1. Disclose the presence of an additional confidential hazardous ingredient in the controlled product, together with its percent concentration.
Registry Numbers 3871 and 3872
Date of Decisions: February 2, 1998
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse effects on the salivary glands and testes of laboratory animals;
2. Disclose the ACGIH Exposure Limit Value for diethanolamine.
Registry Number 3913
Date of Decision: March 30, 1998
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose an LD50 (dermal, rabbit) value of >3.0 g/kg for Stoddard solvent;
2. Disclose that contact with the vapours as well as with the liquid form of the controlled product irritates the eyes;
3. Disclose that ingestion of ingredients of the controlled product has been shown to cause harmful effects on the central nervous system and that ingestion of an ingredient has been shown to cause liver, kidney and lung damage in laboratory animals;
4. Disclose that an ingredient in the controlled product has shown positive results in in vitro screening tests for mutagenicity.
Registry Number 3917
Date of Decision: October 20, 1997
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose an LD50 value for one of the confidential hazardous ingredients;
2. Add strong caustics to the list of incompatible materials;
3. Disclose the value of a lower bound for an LD50 value for one of the confidential hazardous ingredients;
4. Disclose that ingestion of an ingredient in the controlled product has been shown to cause lung damage in laboratory animals;
5. Disclose that ingredients in the controlled product have been shown to cause eye irritation in laboratory animals;
6. Disclose that an ingredient in the controlled product has shown positive results in screening tests for mutagenicity.
Registry Number 3922
Date of Decision: December 3, 1997
The claimant has been ordered to amend certain aspects of the format of the MSDS.
Registry Number 3923
Date of Decision: February 3, 1998
The claimant has been ordered to amend certain aspects of the format of the MSDS.
Registry Number 3944
Date of Decision: March 19, 1998
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Disclose that chronic ingestion of an ingredient in the controlled product has been shown to cause adverse kidney, liver, bladder and blood effects in laboratory animals;
2. In addition to the first aid information shown on the MSDS for eye contact, disclose that medical assistance be obtained.
Registry Numbers 3956 and 3957
Date of Decisions: March 23, 1998
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class D1A.
Registry Number 3965
Note: The Notice of Filing published in the Canada Gazette, Part I, on April 5, 1997, listed the subject of the claim bearing Registry Number 3965 to be the chemical identity of one ingredient. It has since been established that the subject of the claim is the chemical identity of two ingredients.
Date of Decision: March 13, 1998
In the opinion of the Screening Officer, certain information should have been shown on the MSDS. The claimant has been ordered to amend the MSDS as indicated below.
1. Delete the statement "not hazardous" from the entry hydroxyethyl heterocycle and indicate that it is an ingredient required to be disclosed in the hazardous ingredient section of the MSDS and disclose its percent concentration;
2. Add ingestion as a route of entry;
3. Disclose that subchronic ingestion of an ingredient in the controlled product has been shown to cause adverse blood effects and reduced weight gain in laboratory animals;
4. Disclose that the controlled product has been shown to cause skin corrosion in laboratory animals;
5. Disclose that methyl methacrylate is a skin sensitizer;
6. In relation to the first aid information shown on the MSDS for inhalation, add that medical assistance should be obtained immediately;
7. In relation to the first aid information shown on the MSDS for ingestion, add a statement to the effect that when vomiting occurs, have casualty lean forward to reduce the risk of aspiration;
8. Disclose an LC50 value for methyl methacrylate;
9. If the WHMIS classifications are stated on the MSDS, disclose that the controlled product is also in class E.
Having regard to the foregoing, and pursuant to section 17 of the Hazardous Materials Information Review Act, notice is hereby given that the Screening Officer has, for each of the above-noted claims, with the exceptions of those claims bearing Registry Numbers 1196-008, 3615, 3823, 3824, 3825, 3827, 3848 and 3865, directed the claimant to comply with the provisions of the Hazardous Products Act and the Controlled Products Regulations within 30 days from the expiry of the appeal period, except that the information in respect of which the claim for exemption was made does not have to be disclosed, and to provide a copy of the amended MSDS to the Screening Officer within 40 days of expiry of the appeal period.
Pursuant to paragraph 18(1)(b) of the Hazardous Materials Information Review Act, this notice includes certain information which, in the opinion of the Screening Officer, should have been shown on the relevant MSDS.
Pursuant to subsection 24(1) of the Controlled Products Regulations, amended MSDSs must be available in both official languages.
Section 20 of the Hazardous Materials Information Review Act affords the opportunity to a claimant or any affected party, within the meaning of subsection 2(2) of the Hazardous Materials Information Review Regulations, to appeal any decision or order of a Screening Officer. To initiate the appeal process, a Statement of Appeal (Form 1) as prescribed by the Hazardous Materials Information Review Act Appeal Board Procedures Regulations must be completed and delivered within 45 days of the publication of this notice in the Canada Gazette, Part I, to the Chief Appeals Officer at the following address: Hazardous Materials Information Review Commission, 200 Kent Street, Suite 9000, Ottawa, Ontario K1A 0M1, (613) 993-4472.
W. A. LOWE
Chief Screening Officer
[32-1-o]
FILING OF A CLAIM FOR EXEMPTION
Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer of the Hazardous Materials Information Review Commission hereby gives notice of the receipt of the claims for exemption listed hereafter.
Claimant |
Subject of the Claim for Exemption |
Product Identifier (As shown on the MSDS) |
Registry Number |
|---|---|---|---|
| Elf Atochem North America, Inc., Philadelphia, Pennsylvania |
Chemical identity and concentration of four ingredients | SULFA HITECH-CC | 4196 |
| Hercules Canada Inc., Mississauga, Ontario |
Chemical identity of one ingredient | HERCOFLEX(r) 707A plasticizer | 4197 |
| Union Carbide Canada Inc., Anjou, Québec |
Chemical identity and concentration of two ingredients | UCARSOL AP Solvent 810/Solvant UCARSOL AP 810 | 4198 |
| Union Carbide Canada Inc., Anjou, Québec |
Chemical identity and concentration of two ingredients | UCARSOL AP Solvent 800 LFG/Solvant UCARSOL AP 800 LFG |
4199 |
| 3M Canada Company, London, Ontario |
Chemical identity of one ingredient | 3M(TM) SCOTCHLITE (TM) ROLL COAT COLOUR 4809V YELLOW | 4200 |
| Witco Canada, Inc., West Hill, Ontario |
Chemical identity and concentration of two ingredients | Y-14344 | 4201 |
| Imperial Oil Chemicals Division, Toronto, Ontario |
Chemical identity of one ingredient | PARANOX 52 | 4202 |
| BetzDearborn Canada Inc., Mississauga, Ontario |
Chemical identity and concentration of two ingredients | FERRAMEEN COG9018 | 4203 |
| BetzDearborn Canada Inc., Mississauga, Ontario |
Chemical identity and concentration of three ingredients | FERRAMEEN COG9019 | 4204 |
| Witco Canada Inc., West Hill, Ontario |
Chemical identity and concentration of three ingredients | "NIAX" CATALYST C-308 | 4205 |
| Witco Canada Inc., West Hill, Ontario |
Chemical identity and concentration of three ingredients | "NIAX" CATALYST C-309 | 4206 |
| Ethyl Corporation, Richmond, Virginia |
Chemical identity and concentration of three ingredients | HiTEC 4964 Fuel Additive | 4207 |
| 3M Company Canada, London, Ontario |
Chemical identity of two ingredients; name of four toxicological studies that identifies two ingredients | SCOTCH-WELD (TM) BRAND 270 (PART A) BLACK EPOXY POTTING COMPOUND/ ADHESIVE PA |
4208 |
| Koch Materials Company, Health, Ohio |
Chemical identity and concentration of one ingredient | WATCHDOG WATERPROOFING ARMOR COAT (CANADA) | 4209 |
| Koch Materials Company, Health, Ohio |
Chemical identity and concentration of one ingredient | WATCHDOG FLEX/ WATERPROOFING (CANADA) |
4210 |
| Brine-Add Fluids Ltd., Calgary, Alberta |
Chemical identity and concentration of one ingredient | Drilling Detergent L | 4211 |
| Brine-Add Fluids Ltd., Calgary, Alberta |
Chemical identity and concentration of two ingredients | Canfree | 4212 |
| Morton International, Inc., Cincinnati, Ohio |
Chemical identity of four ingredients | MORLIFE (R) 300 with Pave-Check (R) Microtaggant | 4213 |
| Morton International, Inc., Cincinnati, Ohio |
Chemical identity of five ingredients | MORLIFE (R) 3300 with PaveChek (R) Microtaggant | 4214 |
| Morton International, Inc., Cincinnati, Ohio |
Chemical identity of five ingredients | MORLIFE (R) 2200 with PaveChek (R) Microtaggant | 4215 |
| Nalco Exxon Energy Chemicals Canada Inc., Calgary, Alberta |
Chemical identity of two ingredients | EC3003A | 4216 |
| Nalco Exxon Energy Chemicals Canada Inc., Calgary, Alberta |
Chemical identity of three ingredients | EC3076A | 4217 |
| Rohm and Haas Canada Inc., West Hill, Ontario |
Chemical identity of one ingredient | DRYCRYL TM DP-2903 Modifier | 4218 |
| Brine-Add Fluids Ltd., Calgary, Alberta |
Chemical identity and concentration of three ingredients | Chemul-II | 4219 |
| Brine-Add Fluids Ltd., Calgary, Alberta |
Chemical identity and concentration of three ingredients | Saf-Kote | 4220 |
| Ethyl Corporation, Richmond, Virginia |
Chemical identity and concentration of one ingredient | HiTEC 1910 Performance Additive | 4221 |
| Brine-Add Fluids Ltd., Calgary, Alberta |
Chemical identity and concentration of one ingredient | Chemoil Gel | 4222 |
| Brine-Add Fluids Ltd., Calgary, Alberta |
Chemical identity and concentration of one ingredient | Bri-Chem OM Gel | 4223 |
| Brine-Add Fluids Ltd., Calgary, Alberta |
Chemical identity and concentration of one ingredient | D-VIS | 4224 |
| Morton International, West Alexandria, Ohio |
Chemical identity of two ingredients | Thixon 547S | 4225 |
| Ethyl Corporation, Richmond, Virginia |
Chemical identity and concentration of four ingredients | HiTEC 2585 Performance Additive | 4226 |
| Nalco Exxon Energy Chemicals Canada Inc., Calgary, Alberta |
Chemical identity of four ingredients | W54 | 4227 |
| Rohm and Haas Canada Inc., West Hill, Ontario |
Chemical identity of two ingredients | 61153 | 4228 |
| UCB Chemicals Corp., Smyrna, Georgia |
Chemical identity of one ingredient | Ebecryl 7100 | 4229 |
| UCB Chemicals Corp., Smyrna, Georgia |
Chemical identity of one ingredient | Ebecryl 3600 | 4230 |
| UCB Chemicals Corp., Smyrna, Georgia |
Chemical identity of two ingredients | Ebecryl 3703 | 4231 |
| UCB Chemicals Corp., Smyrna, Georgia |
Chemical identity of two ingredients | Ebecryl P 115 | 4232 |
| UCB Chemicals Corp., Smyrna, Georgia |
Chemical identity of three ingredients | Ebecryl P 36 | 4233 |
| UCB Chemicals Corp., Smyrna, Georgia |
Chemical identity of one ingredient | Ebecryl 80 | 4234 |
| UCB Chemicals Corp., Smyrna, Georgia |
Chemical identity of two ingredients | Ebecryl 81 | 4235 |
| Ethyl Corporation, Richmond, Virginia |
Chemical identity and concentration of two ingredients | HiTEC 1244 Performance Additive | 4236 |
| Baker Petrolite, Calgary, Alberta |
Chemical identity and concentration of seven ingredients | CRW9958 | 4237 |
| Baker Petrolite, Calgary, Alberta |
Chemical identity and concentration of seven ingredients | CRW9974 | 4238 |
| Baker Petrolite, Calgary, Alberta |
Chemical identity and concentration of five ingredients | CRW9979 | 4239 |
| Baker Petrolite, Calgary, Alberta |
Chemical identity and concentration of two ingredients | SCW4400 | 4240 |
| Baker Petrolite, Calgary, Alberta |
Chemical identity and concentration of two ingredients | SCW4402 | 4241 |
| Baker Petrolite, Calgary, Alberta |
Chemical identity and concentration of two ingredients | SCW4403 | 4242 |
| Baker Petrolite, Calgary, Alberta |
Chemical identity and concentration of one ingredient | SCW4433 | 4243 |
| Baker Petrolite, Calgary, Alberta |
Chemical identity and concentration of two ingredients | SCW4434 | 4244 |
| Cansolv Technologies Inc., Montréal, Quebec |
Chemical identity and concentration of three ingredients | CANSOLV Absorbent DS/Absorbant CANSOLV DS | 4245 |
| Ethyl Corporation, Richmond, Virginia |
Chemical identity and concentration of two ingredients | HiTEC 4329A Fuel Additive | 4246 |
| BetzDearborn Canada Inc., Mississauga, Ontario |
Chemical identity and concentration of one ingredient | PRESSTIGE FB9170 | 4247 |
| Shell Chemicals Canada Limited, Calgary, Alberta |
Chemical identity and concentration of one ingredient | VEKTRON 3364A | 4248 |
| Ultra Optics Company, Brooklyn Center, Minnesota |
Chemical identity of six ingredients | UOC UV-NVS | 4249 |
| Ultra Optics Company, Brooklyn Center, Minnesota |
Chemical identity of six ingredients | UOC UV-X-Cure | 4250 |
| Ultra Optics Company, Brooklyn Center, Minnesota |
Chemical identity of three ingredients | UOC PFD | 4251 |
| Union Carbide Canada Inc., Anjou, Quebec |
Chemical identity of three ingredients | UCON Metalworking Lubricant EPML-577/Lubrifiant UCON EPML-577 pour le traitement des métaux | 4252 |
| Ethyl Corporation, Richmond, Virginia |
Chemical identity and concentration of five ingredients | HiTEC 2581 Performance Additive | 4253 |
| Union Carbide Canada Inc., Anjou, Quebec |
Chemical identity and concentration of two ingredients | UCARSOL AP Solvent 814/Solvant UCARSOL AP 814 | 4254 |
The above claims seek exemption from the disclosure of supplier confidential business information in respect of a controlled product; such disclosure would otherwise be required under the provisions of the Hazardous Products Act.
Subsection 12(2) of the Hazardous Materials Information Review Act requires that this notice contain a statement offering every affected party the opportunity to make written representations to the screening officer with respect to the claim for exemption and the material safety data sheet to which it relates.
Under the provisions of the Hazardous Materials Information Review Regulations, "affected party", for purposes of the Hazardous Materials Information Review Act, means, in respect of a controlled product that is the subject of a claim for exemption, a person who is not a competitor of the claimant and who uses, supplies or is otherwise involved in the use or supply of the controlled product at a work place, and includes
(a) a supplier of the controlled product;
(b) an employee at the work place;
(c) an employer at the work place;
(d) a safety and health professional for the work place;
(e) a safety and health representative or a member of a safety and health committee for the work place; and
(f) a person who is authorized in writing to represent
(i) a supplier referred to in paragraph (a) or an employer referred to in paragraph (c), or
(ii) an employee referred to in paragraph (b), except where that person is an official or a representative of a trade union that is not certified or recognized in respect of the work place.
Written representations respecting a claim for exemption cited in the present notice, or the material safety data sheet to which the claim relates, must cite the appropriate Registry Number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the Screening Officer at the following address: Hazardous Materials Information Review Commission, 200 Kent Street, Suite 9000, Ottawa, Ontario K1A 0M1.
W. A. LOWE
Chief Screening Officer
[32-1-o]
SOR/86-982
SOR/96-324
SOR/93-517
SOR/96-324
SOR/91-517
SOR/93-355
SOR/86-982
SOR/96-324
NOTICE:
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