Vol. 134, No. 31 — July 29, 2000

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Conditions for the Manufacture or Importation of Substances New to Canada that Are Suspected of Being Toxic

Notice is hereby given, pursuant to subsection 84(5) of the Canadian Environmental Protection Act, 1999, that the Ministers of Health and of the Environment have assessed information pertaining to substances suspected of being "toxic," as defined under section 64 of the Act.

The Minister of the Environment is hereby pleased to impose, pursuant to paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, conditions on the manufacture and import of these substances.

Tetradecyl chloride, CAS Registry Number 2425-54-9. The notifier may import the notified substance in amounts exceeding 5 000 kg per year and exceeding an accumulated total of  25 000 kg after the assessment period expires on June 24, 2000, only in circumstances where the notifier complies with the following terms:

Use Restriction

1. The notified substance may be used only as a site limited intermediate substance as defined within the New Substances Notification Regulations.

Importation Restriction

2.(1) The notified substance can only be imported for use at sites where the quantity released from the site will not exceed 2 mg/L to a maximum of 2 g/day.

2.(2) Where any release of the notified substance to the environment occurs in contravention of the conditions set out in item 2(1), the notifier shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the notifier shall notify the Minister of the Environment immediately by contacting an Enforcement Officer designated under the Canadian Environmental Protection Act, 1999 of the closest Regional  Office.

Record Keeping Requirements

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

(a) the use of the notified substance;

(b) the quantity of the notified substance being imported, purchased or used; and

(c) the quantity and concentration of the notified substance being released from the site.

3.(2) The notifier shall maintain electronic or paper records made in item 3(1) at the notifier's Canadian Headquarters for a period of at least five years after they are made.

Information Requirements

4. Should the notifier intend to manufacture the notified substance, the notifier shall inform the Minister of the Environment, in writing, at least 30 days prior to the beginning of manufacturing.

Tin, butyl mixed thio complexes. The notifier may import the notified substance in amounts exceeding 5 000 kg per year and exceeding an accumulated total of 25 000 kg after the assessment period expires on June 26, 2000, only in circumstances where the notifier complies with the following terms:

Application

The following conditions do not apply when the notified substance is imported as a component of dry blended vinyl compounds.

Use Restriction

1. The notified substance may be used only as a component of rigid poly(vinyl chloride) [PVC] stabilizers.

Disposal Restriction

2.(1) When disposing of the notified substance in Canada:

(a) all containers shall be rinsed with an appropriate solvent to remove any residual notified substance prior to the containers being disposed or reused; and

(b) all liquid wastes resulting from the handling of the notified substance shall be collected.

2.(2) All liquid wastes containing the notified substance as described in item 2(1) shall be fully contained prior to the following treatment:

(a) incineration as permitted under the laws of the jurisdiction where the disposal facility is located; or

(b) solidification, prior to disposal, as permitted under the laws of the jurisdiction where the disposal facility is located; or

(c) introduction into the PVC reaction.

2.(3) Where any release of the notified substance to the environment occurs in contravention of the conditions set out in items 2(1) and 2(2), the notifier shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the notifier shall notify the Minister of the Environment immediately by contacting an Enforcement Officer designated under the Canadian Environmental Protection Act, 1999 of the closest Regional Office. Customers or processors shall take these measures should the release of the notified substance occur at the customer's facility.

Record Keeping Requirements

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

(a) the use of the notified substance;

(b) the quantity of the notified substance being imported, sold, purchased or used;

(c) the name and address of each customer or processor buying the notified substance; and

(d) the name and address of the facility disposing of  the wastes containing the notified substance and records that the wastes were disposed of in conformity with this  condition.

3.(2) The notifier shall maintain electronic or paper records made in item 3(1) at the notifier's Canadian Headquarters for a period of at least five years after they are made.

Information Requirements

4. Should the notifier intend to manufacture the notified substance, the notifier shall inform the Minister of the Environment, in writing, at least 30 days prior to the beginning of manufacturing.

Communication Requirements

5. The notifier shall inform all customers and processors, in writing, of the terms of the condition and the notifier shall obtain, prior to any transfer of the notified substance, written confirmation from customers or processors that they understand and will meet these terms. These records shall be maintained at the notifier's Canadian headquarters for a period of at least five years after they are made.

Siloxanes and Silicones, Me Hydrogen, Reaction Products with 2,2,6,6-Tetramethyl-4-(2-propenyloxy)piperidine, CAS Registry Number 182635-99-0. The notifier may import the notified substance in amounts exceeding 10 000 kg per year and exceeding an accumulated total of 50 000 kg after the assessment period expires on July 1, 2000, only in circumstances where the notifier complies with the following terms:

Importation/Use Restriction

1.(1) For applications other than for textiles and fabrics the notified substance may be imported only for use:

(a) as an additive in polyolefin plastics; and

(b) solely in applications which do not incorporate the notified substance into manufactured items intended for children.

1.(2) For applications in textiles and fabrics the notified substance may be imported only for use as an additive for products intended exclusively for upholstery and carpeting.

Record Keeping Requirements

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

(a) the quantities of the notified substance the notifier imports, manufactures, sells, purchases, and uses;

(b) the use of the notified substance; and

(c) the name and address of each of the notifier's customers buying the notified substance.

2.(2) The notifier shall maintain the records made in subsection 2(1) at the notifier's Canadian headquarters for a period of at least five years after they are made.

Information Requirements

3. Should the notifier intend to manufacture the notified substance, the notifier shall inform the Minister of the Environment, in writing, at least 30 days prior to the beginning of manufacturing.

Other Requirements

4. The notifier shall inform all customers, in writing, of the terms of the condition and the notifier shall obtain, prior to any transfer of the notified substance, written confirmation from customers that they understand and will meet these terms. These records shall be maintained at the notifier's Canadian headquarters for a period of at least five years after they are made.

J. A. BUCCINI
Director
Commercial Chemicals
Evaluation Branch

On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to the provisions of  Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, Permit No. 4543-2-04220 is approved.

  1. Permittee: Lower North Shore Community Seafood Cooperative, Harrington Harbour, Quebec.

  2. Type of Permit: To load and dispose of fish waste and  other organic matter resulting from industrial fish processing  operations.

  3. Term of Permit: Permit is valid from August 31, 2000, to August 30, 2001.

  4. Loading Site(s): Harrington Harbour wharf, 50 degrees 29.80 minutes N, 59 degrees 28.70 minutes W (NAD27).

  5. Disposal Site(s): Within a 100 m radius of 50 degrees 29.70 minutes N, 59 degrees 28.35 minutes W (NAD27).

  6. Route to Disposal Sites: Direct navigational route from the loading site to the disposal site.

  7. Equipment: Towed scow, barge or boat.

  8. Method of Disposal: The material to be disposed of will be placed in the towed scow and discharged directly into the sea within the perimeter indicated in paragraph 5.

  9. Rate of Disposal: As required by normal operations.

10. Total Quantity to Be Disposed of: Not to exceed 400 tonnes.

11. Material to Be Disposed of: Fish waste and other organic matter resulting from industrial fish processing operations comprised of fish, shellfish, crab and lobster offal.

12. Requirements and Restrictions:

12.1. It is required that the Permittee report, in writing, to the Regional Director, Environmental Protection, Department of the Environment, Quebec Region, 105 McGill Street, 4th Floor, Montréal, Quebec H2Y 2E7, at least 48 hours prior to the start of the first disposal operation to be conducted under this permit. A written report shall be submitted to the Regional Director within 30 days of the expiry of the permit. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit, the equipment used and the dates on which the disposal and loading activities occurred.

12.2. It is required that the Permittee admit any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999, to any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or disposal at sea referred to under this permit, at any reasonable time throughout the duration of this permit.

12.3. A copy of this permit must, at all times, be kept on board any vessel involved in the disposal operations.

12.4. The Permittee must complete the Registry of Ocean Disposal Operations as provided by the Department of the Environment. This registry must, at all times, be kept on board any vessel involved in the disposal operations and be accessible to enforcement officers designated under the Canadian Environmental Protection Act, 1999.

12.5. The disposal at sea referred to under this permit shall  not be carried out without written authorization from the  Permittee.

12.6. The barge or containers to transport the material to be disposed of must be covered in a manner to prevent access by gulls and other seabirds.

12.7. The loading must be completed in a manner that ensures no material contaminates the marine environment, notably in the harbour and on adjacent beaches. The Permittee must also ensure that the loading sites are cleaned up and, if necessary, that spilled wastes are recovered.

M.-F. BÉRARD
Environmental Protection
Quebec Region

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after Assessment of a Substance — Releases of Radionuclides from Nuclear Facilities (impact on non-human biota) — Specified on the Priority Substances List (Subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas a summary of a draft report of the assessment of the substance Releases of radionuclides from nuclear facilities (impact on non-human biota) specified on the Priority Substances List is annexed hereby,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to recommend to Her Excellency the Governor in Council that Releases of radionuclides from uranium mines and mills and waste management areas be added to the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Director, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec K1A 0H3, (819) 953-4936 (Facsimile), or by electronic mail to the PSL Webmaster, PSL.LSIP@ec.gc.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice, may submit, with the information, a request that it be treated as confidential.

Annex

Summary of the Draft Report of the Assessment of the Substance Releases of Radionuclides from Nuclear Facilities (impact on non-human biota) Specified on the Priority Substances List

The impact of the release of radionuclides from nuclear facilities on non-human biota was assessed. Nuclear facilities include all aspects of the uranium fuel chain, from mining and milling through to power generation and waste management. Although nuclear facilities release non-radioactive substances (e.g., metals, organic chemicals), effects of such non-radioactive substances were not considered in this assessment.

Because of the variety of industrial activities and processes that result in the release of a large number of radionuclides with different radiological half-lives, chemical, biological and environmental properties, sectorial assessments were conducted. The sectors and numbers of facilities considered are: five uranium mines and mills, two uranium refineries and conversion plants, three waste management areas, and five nuclear power plants. Heavy water production facilities were not included because there is no production, use or release of radionuclides from these facilities.

Uranium (U) and thorium (Th) and their decay chain daughter radionuclides are the radionuclides of concern released from U mines, whereas U is the main radionuclide of concern released from U refining and conversion facilities. Radionuclides of concern in tailings management areas are primarily radium-226 (²²⁶ Ra) and U, although other radionuclides (e.g., ³H, ¹⁴C, ⁶⁰ Co, ⁹⁰Sr and ¹³⁷Cs) may also be important in some waste management areas.

Fission and activation products released from nuclear generating stations include ³H, ¹⁴C, ¹⁵Cr, ⁵⁴Mn, ⁵⁹Fe, ⁶⁰Co, ⁶⁵Zn, ⁹⁰Sr, ⁹⁵Zr, ¹⁰⁶Ru, ¹²⁴Sb, ^124-135I, ¹³⁷Cs and ¹⁴⁴Ce. Releases of radionuclides from these facilities are primarily to air or to water. Emissions to air will result in deposition of particle reactive radionuclides and increased scavenging of radionuclides from the plume with distance from the source. Mobile radionuclides such as the inert gases will disperse quickly and reach background concentrations a short distance (few km) from the source. Most of the radionuclides released are particle reactive and partition either from water to sediment or from air to soil.

There are two modes of toxic action for the releases being assessed; one is the chemical toxicity of the elements released, and the other is their radiological toxicity of the radionuclides released. Only U has the potential to result in chemical toxicity. Chemical toxicity is the normal mode of toxic effect for environmental contaminants. Radiotoxicity differs in that radiation dose, the measure of radiation, results from radionuclides incorporated in tissues (internal dose) and from external radionuclides (external dose) that emit radiation adjacent to the organism.

For the chemical toxicity of U, releases are largely restricted to the front and back ends of the nuclear fuel chain, the mining and milling of the U and the waste management. Comparison of realistic exposure values to estimated no effects values indicates potential for localized harm for a number of organisms at several of the mining and milling areas and two of the three waste management areas examined.

Risks to biota from exposure to ionizing radiation are also largest associated with the mining and milling of U, where comparison of realistic exposure and no effects values suggests that  localized harm may be occurring at some facilities. Ionizing  radiation released from the power reactors is not expected to cause environmental harm. Releases from two waste management sites also are not expected to result in exposure of biota to harmful amounts ionizing radiation. Biota may however be harmed by exposure to ionizing radiation at one of the waste management areas examined. Current releases of ionizing radiation from uranium refineries and conversion plants are not expected to cause environmental harm. Although it is possible that ionizing radiation is harming aquatic organisms near one U refinery, this is likely attributable to waste management and operational practices of past decades.

Contributions to ground level ozone formation, stratospheric ozone depletion and climate change by radionuclides released to the atmosphere from nuclear facilities are negligible.

Based on available data concerning the effects from exposure to both uranium and ionizing radiation, it has been concluded that (i) releases of radionuclides from uranium mines and mills and waste management areas are entering the environment in quantities or concentrations or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity; (ii) releases of radionuclides from uranium refineries and conversion facilities and power and research reactors are not entering the environment in quantities or concentrations or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity; and (iii) releases of radionuclides from nuclear facilities are not entering the environment in quantities or concentrations or under conditions that constitute or may constitute a danger to the environment on which life depends. Therefore, it is proposed that releases of radionuclides from uranium mines and mills and waste management areas be considered "toxic" as defined in section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999).

It is recommended that investigations of options to reduce exposure to releases of radionuclides from U mines and mills and waste management areas be considered a high priority. Discussions have been initiated with the Canadian Nuclear Safety Commission (CNSC) [formerly the Atomic Energy Control Board (AECB)] to determine whether it will be possible to manage these releases under the new Nuclear Safety and Control Act. It is proposed that the process for risk management could be formalized in the memorandum of understanding currently being negotiated between Environment Canada and the CNSC.

Further research into the estimated no effects values for exposure of non-human biota to radiation should be a priority. This should include research into the genetic effects of environmentally relevant radiation doses and into the effects of alpha-emitters on ecologically relevant endpoints, for the purpose of verifying the appropriateness of the weighting factor to account for the greater relative biological effectiveness of alpha-emitters. In PSL2 assessments, data on genetic damage were not taken into consideration in the derivation of estimated-no-effects values because of the difficulty in interpreting the significance of these effects at the population level (i.e. population fitness and survival). Therefore, priority should also be given to research on  the ecological significance of genetic effects and their consideration in the ecological risk assessment of radioactive and non-radioactive environmental contaminants.

J. A. BUCCINI
Director
Commercial Chemicals
Evaluation Branch

On behalf of the Minister of the Environment

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DEPARTMENT OF FINANCE

NOTICE OF INFORMATION ON DECISION TO WITHDRAW THE NOTICE OF INTENTION TO RETALIATE AGAINST AUSTRALIA

Background

On May 29, 1999, the Department of Finance published in the Canada Gazette, Part I, a notice of intention to impose a one hundred percent (100 percent) surtax above the existing customs duty applied on products originating from Australia in response to Australia's failure to comply with the World Trade Organization (WTO) rulings on salmon. At that time, comments were sought on a retaliation list from which to select products on which the surtax would be imposed. Since then, Canada and Australia successfully negotiated an agreement which reopens the Australian market for Canadian exports of fresh, chilled and frozen salmon. Therefore, retaliation against Australia is no longer being pursued. A copy of the bilateral agreement is available on the DFAIT Web site at www.dfait-maeci.gc.ca/tna-nac/dispute-e.asp.

Inquiries

For further information, contact Ms. Marie-France Huot, International Trade Policy Division, Department of Finance, L'Esplanade Laurier, East Tower, 14th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, (613) 996-0628 (Telephone), (613) 995-3843 (Facsimile).

For further information concerning the bilateral agreement, contact Ms. Hélène Belleau, Technical Barriers and Regulation Division, Department of Foreign Affairs and International Trade, Lester B. Pearson Building, Tower C, Room C3-144, 125 Sussex Drive, Ottawa, Ontario K1A 0G2, (613) 944-2100 (Telephone), (613) 944-0756 (Facsimile).

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DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE

CONSULTATIONS ON TRADE IN SERVICES NEGOTIATIONS

Deadline for Submission of Views: October 15, 2000

The Government of Canada is seeking the opinions of Canadians on the scope and content for negotiations on trade in services under the WTO General Agreement on Trade in Services (GATS). The Government believes that ongoing, broad-based consultations with the provincial and territorial governments, the business community, citizen-based organizations, as well as individual Canadians are essential for Canada to establish its negotiating objectives and priorities.

International trade is important to Canada, with one in three jobs linked directly to trade, and exports valued at over 40 percent of our gross domestic product (GDP). Experience shows that global trade liberalization sustains and creates jobs in Canada, increases economic growth, and promotes Canadian technology.

Canada benefits from predictable and clear international trading rules. These rules serve to promote a stable environment for trade and provide greater consumer choice and value. At the same time, the Government's ability to regulate in the national interest in such sectors as culture, education, environment, health care, labour standards, and programs for aboriginal peoples and minority groups is maintained.

Trade in Services

The existing GATS provides a comprehensive framework of rules on trade in services among WTO member countries. As called for in the agreement, WTO member countries launched another round of negotiations in February of this year. These negotiations will try to achieve progressively greater liberalization of global trade in services by expanding the commitments of member countries.

Trade in services is important for the Canadian economy. Canada is the world's twelfth largest exporter of services. These exports grew by 7.1 percent in 1999 to over $49 billion. At the same time, imports of services increased by 5.6 percent to over  $55 billion. These figures indicate a steady increase in trade in services, contributing significantly to Canada's prosperity. Services transactions account for approximately two-thirds of  Canada's GDP. Over 10 million Canadians are employed in services-sector jobs, accounting for 74 percent of total employment. The services sector is also leading the transformation of the Canadian economy into a knowledge-based economy. The GATS negotiations will provide additional opportunities for Canadian services providers to achieve greater access to foreign markets as well as contributing to a more competitive domestic market.

Submission of Views

The Government of Canada would like to hear from Canadians regarding:

— service sectors in other countries that should be focussed on for further liberalization in these negotiations;

— barriers, including regulatory measures, that Canadian service providers may be encountering abroad;

— Canadian laws, regulations, policies or practices that other countries may press their governments to raise with Canada during the GATS negotiations; and

— any Canadian services sector that would not be in Canada's interests to commit to liberalize as part of an international trade agreement.

All interested parties are invited to submit their views as soon as possible or at the latest by October 15, 2000. For more information on Canada's international trade agreements, please consult the Web site of the Department of Foreign Affairs and International Trade at www.dfait-maeci.gc.ca/tna-nac and the Government's services negotiations Web site at http://services2000. ic.gc.ca.

Submissions may be sent by electronic mail, facsimile or mail: consultations@dfait-maeci.gc.ca (Electronic mail), (613) 944-0058 (Facsimile), or Services Trade Policy Division (EBS), Department of Foreign Affairs and International Trade, Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario K1A 0G2.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and Position	Order in Council
Chodos, Philip	2000-1058
Public Service Staff Relations Board
Vice-Chairperson
Intscher, Horst	2000-1062
Financial Transactions and Reports Analysis Centre of Canada
Director
Thibault, Paul J.	2000-1060
Department of Industry
Associate Deputy Minister
Watson, Jim	2000-1061
Canadian Tourism Commission
President

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DEPARTMENT OF JUSTICE

TREATY BETWEEN CANADA AND THE REPUBLIC OF PORTUGAL ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Signed in Lisbon on June 24, 1997, and in force on May 1, 2000.

Canada and the Republic of Portugal,

Desiring to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through cooperation and mutual assistance in criminal matters,

Have agreed as follows:

PART I - GENERAL PROVISIONS

Article 1

Scope of Assistance

1. The Contracting States shall, in accordance with this Treaty, grant each other the widest measure of mutual assistance in criminal matters.

2. Mutual assistance for the purpose of paragraph 1 shall be any assistance given by the Requested State in respect of investigations or proceedings in the Requesting State in a criminal  matter.

3. Criminal matters for the purpose of paragraph 1 mean, for Portugal, investigations or proceedings in respect of any offence within the jurisdiction of its judicial authorities at the time when assistance is requested and, for Canada, investigations or proceedings in respect of any offence created by a law of Parliament or by the legislature of a province.

4. In relation to fiscal offences, assistance may also be given if the acts or omissions constituting the offence amount to an offence of the same nature under the law of the Requested State. Assistance may not be refused on the grounds that the law of the Requested State does not impose the same kind of tax or duty or does not contain a tax, duty, customs or exchange regulation of the same kind as the law of the Requesting State.

5. For the purpose of paragraph 4, in determining whether an offence is an offence under the laws of both Contracting States it shall not matter whether the laws of the Contracting States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same  terminology.

6. Assistance shall include:

(a) providing information and objects;

(b) locating or identifying persons and objects;

(c) examining sites;

(d) serving documents;

(e) taking statements and testimony of persons and obtaining other evidence;

(f) executing requests for search and seizure to obtain evidence;

(g) providing documents and records;

(h) making available prisoners and other persons to testify or assist investigations or proceedings;

(i) locating, restraining and forfeiting the proceeds of crime and other property and enforcing payment of fines; and

(j) other assistance consistent with the objects of this Treaty, which is not inconsistent with the law of the Requested State.

Article 2

Execution of Requests

Requests for assistance shall be executed promptly in accordance with the law of the Requested State and, insofar as it is not prohibited by that law, in the manner requested by the Requesting State.

Article 3

Refusal or Postponement of Assistance

1. Assistance may be refused when in the opinion of the Requested State:

(a) the execution of the request is likely to prejudice its sovereignty, security, "ordre public" or other of its essential interests; or

(b) its authorities would be precluded by domestic law from carrying out the assistance requested, had the acts or omissions which are referred to in the request occurred in its own  jurisdiction.

2. The Requested State may postpone assistance if the execution of the request would interfere with an investigation or proceeding in the Requested State.

3. The Requested State shall:

(a) promptly inform the Requesting State of the reason for a denial or postponement of assistance; or

(b) consult, if appropriate, with the Requesting State to determine whether assistance may be given, subject to such terms and conditions as the Requested State deems necessary.

PART II - SPECIFIC PROVISIONS

Article 4

Transmission of Documents and Objects

1. When the request for assistance concerns the transmission of records and documents, the Requested State may transmit certified true copies thereof. However, should the Requesting State expressly request the provision of originals, such request shall be complied with to the extent possible.

2. The original records or documents and the objects transmitted to the Requesting State shall be returned to the Requested State as soon as possible, upon the latter's request.

3. Insofar as not prohibited by the law of the Requested State, documents, objects and records shall be transmitted in a form or accompanied by such certification as may be requested by the Requesting State in order to make them admissible according to the law of the Requesting State.

Article 5

Search, Seizure and Production of Evidence

1. The Requested State shall insofar as its law permits carry out requests for search, seizure or the production of documents, records or objects and transfer any material thus obtained, or copies thereof, to the Requesting State, provided that the request contains such information as would allow such measure under the law of the Requested State.

2. The Requested State shall provide such information as may be required by the Requesting State concerning the production, search and seizure, including the place of seizure, the circumstances of seizure, and the subsequent custody of the material seized or produced.

3. The Requesting State shall observe any conditions imposed by the Requested State in relation to any property which is transferred to the Requesting State pursuant to this Article.

Article 6

Presence of Persons Involved in the Proceedings in the Requested State

1. The Requested State shall, upon request, inform the Requesting State of the time and place of execution of the request for assistance.

2. To the extent not prohibited by the law of the Requested State, competent authorities of the Requesting State, the accused and counsel for the accused shall be permitted to be present at the execution of the request and to participate in the proceedings in the Requested State.

Article 7

Availability of Prisoners in the Requesting State

1. A prisoner in the Requested State whose presence is requested in the Requesting State to testify or to assist an investigation or a proceeding may be transferred for that purpose, provided the person consents.

2. The Requesting State shall have the authority and duty to keep the person in custody and return the person to the custody of the Requested State as soon as the person's presence is no longer required.

3. Where the sentence imposed on a person transferred under this Article expires while the person is in the Requesting State, that person shall be released and thereafter treated as a person referred to in Article 8.

Article 8

Availability of Other Persons in the Requesting State

1. A request may be made for assistance in making a person available to testify or to assist an investigation or a proceeding in the Requesting State.

2. The Requested State shall, if satisfied that appropriate arrangements for that person's safety will be made by the Requesting State, invite the person to assist in the investigation or  proceeding or to appear as a witness and seek that person's concurrence thereto.

Article 9

Safe Conduct

1. A person present in the Requesting State in response to a request seeking that person's attendance shall not be prosecuted, detained or subjected to any other restriction of personal liberty in that State for any acts or omissions which preceded that person's departure from the Requested State, nor shall that person be obliged to give evidence in any proceeding or to assist an investigation other than the proceedings or investigation to which the request relates.

2. A person, who is present in the Requesting State by consent as a result of a request for the person's attendance to answer before a judicial authority for any acts, omissions or convictions shall not be prosecuted or detained or subjected to any other restriction of personal liberty for acts and omissions or convictions which preceded that person's departure from the Requested State, not specified in the request.

3. Paragraphs 1 and 2 of this Article shall cease to apply if a person, being free to leave the Requesting State, has not left it within a period of forty-five days after being officially notified that that person's attendance is no longer required or, having left that territory, has voluntarily returned.

4. Any person who fails to appear in the Requesting State may not be subjected to any sanction or compulsory measure in the Requested State.

5. A person appearing before an authority in the Requesting State shall not be subject to prosecution based on the testimony given, except in relation to perjury.

Article 10

Proceeds of Crime

1. The Requested State shall, upon request, endeavour to ascertain whether any proceeds of crime are located within its jurisdiction and shall notify the Requesting State of the results of its inquiries. In making the request, the Requesting State shall notify the Requested State of the basis of its belief that such proceeds may be located in its jurisdiction.

2. When proceeds of crime are located, the Requested State shall assist with or initiate such proceedings as are permitted by its law to prevent any dealing, transfer or disposal of the property or assets pending a final determination by a court of the Requesting or Requested State.

3. The Requested State shall, to the extent its law permits:

(a) give effect to a confiscation or other similar order relating to the proceeds made by a court of the Requesting State; or

(b) initiate appropriate forfeiture proceedings in relation to the property or assets found in the Requested State.

4. Proceeds confiscated pursuant to this Treaty shall be retained by the Requested State, unless otherwise mutually decided in a particular case.

5. In the application of this Article the rights of bona fide third parties shall be respected.

PART III - PROCEDURE

Article 11

Contents of Requests

1. In all cases requests for assistance shall include:

(a) the name of the competent authority conducting the investigation or proceedings to which the request relates;

(b) a description of the nature of the investigation or proceedings, including a summary of the relevant facts and laws;

(c) the purpose for which the request is made and the nature of the assistance sought;

(d) the need, if any, for confidentiality and the reasons therefor; and

(e) any time limit within which compliance with the request is desired.

2. Requests for assistance shall also contain the following  information:

(a) where possible, the identity, nationality and location of the person or persons who are the subject of the investigations or proceedings;

(b) where necessary, details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor;

(c) in the case of requests for the taking of evidence or search and seizure, a statement indicating the basis for belief that evidence may be found in the jurisdiction of the Requested State;

(d) in the case of requests to take evidence from a person, a statement as to whether sworn or affirmed statements are required, and a description of the subject matter of the evidence or statement sought;

(e) in the case of lending of evidence, the person or class of persons who will have custody of the evidence, the place to which the evidence is to be removed, any tests to be conducted and the date by which the evidence will be returned; and

(f) in the case of making detained persons available, the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person's return.

3. If the Requested State considers that the information contained in the request is not sufficient to enable the request to be dealt with, that Party may request that additional information be furnished. Pending the receipt of additional information, the Requested State shall take such appropriate provisional measures as are permitted by its law.

4. A request shall be made in writing. In urgent circumstances or where otherwise permitted by the Requested State, a request may be made orally but shall be confirmed in writing promptly thereafter.

Article 12

Central Authorities

1. Central authorities shall transmit and receive all requests and responses thereto for the purposes of this Treaty. The Central Authority for Canada shall be the Minister of Justice or an official designated by that Minister; the Central Authority for Portugal shall be the Minister of Justice or an official designated by that Minister.

2. The Central Authorities shall communicate directly.

3. The preceding paragraphs do not affect assistance provided through the facilities of Interpol.

Article 13

Limitation of Use and Confidentiality

1. The Requested State may require, after consultation with the Requesting State, that information or evidence furnished or the source of such information or evidence be kept confidential or be disclosed or used only subject to such terms and conditions as it may specify.

2. The Requesting State shall not disclose or use information or evidence furnished for purposes other than those stated in the request without the prior consent of the central authority of the Requested State.

3. The Requested State shall to the extent requested keep confidential a request, its contents, supporting documents and any action taken pursuant to the request except to the extent necessary to execute it or where the disclosure is specifically authorized by the Requesting State in accordance with any terms and conditions it may specify.

4. Subject to paragraph 3 of this Article, if the request cannot be executed without breaching the confidentiality requirements stated in the request, the Requested State shall so inform the Requesting State which shall then determine the extent to which it wishes the request to be executed.

Article 14

Authentication

Evidence or documents transmitted pursuant to this Treaty shall not require any form of authentication, save as is specified in Article 4.

Article 15

Language

Requests for mutual assistance and supporting documents relating thereto shall be accompanied by a translation into one of the official languages of the Requested State.

Article 16

Expenses

1. The Requested State shall meet the cost of executing the request for assistance, except that the Requesting State shall bear:

(a) the expenses associated with conveying any person to or from the territory of the Requested State at the request of the Requesting State, and any allowance or expenses payable to that person while in the Requesting State pursuant to a request under Articles 7 or 8 of this Treaty;

(b) the expenses and fees of experts either in the Requested State or the Requesting State;

(c) the expenses associated with conveying custodial or escorting officers.

2. If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, the Contracting States shall consult to determine the terms and conditions under which the requested assistance can be provided.

PART IV - FINAL PROVISIONS

Article 17

Other Assistance

This Treaty shall not derogate from obligations subsisting between the Contracting States whether pursuant to other treaties, arrangements or otherwise, or prevent the Contracting States from providing or continuing to provide assistance to each other pursuant to other treaties, arrangements or otherwise.

Article 18

Consultations

Any issue arising out of the application and interpretation of this Treaty shall be resolved by consultation between the Contracting States.

Article 19

Entry into Force and Termination

1. Each State shall notify the other of the completion of the procedures required for this Treaty to come into force.

2. This Treaty shall enter into force on the first day of the second month following the day on which the last notice was  received.

3. This Treaty shall apply to any territory under the administration of the Republic of Portugal thirty days after the date of notification by the Republic of Portugal to Canada that the constitutional requirements for the entry into force of the Treaty in  relation to that territory have been complied with.

4. Either State may terminate this Treaty at any time by giving the other State notice of termination. Termination shall take effect six months from the date of the receipt of the notification.

5. This Treaty shall apply to any request made after it comes into force, even if the offence was committed before it came into force.

In Witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

Done at Lisbon, on the 24th day of June, One Thousand nine hundred and ninety-seven, in two copies, in English, French and Portuguese, each version being equally authentic.

For Canada

PATRICIA MARSDEN-DOLE
Canadian Ambassador

For the Republic of Portugal

JOSÉ VERA JARDIM
Minister of Justice

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

TRUST AND LOAN COMPANIES ACT

First Data Loan Company, Canada

Notice is hereby given of the issuance, pursuant to subsection 52(1) of the Trust and Loan Companies Act, of an order to commence and carry on business authorizing First Data Loan Company, Canada to commence and carry on business effective July 1, 2000.

July 20, 2000

JOHN PALMER
Superintendent of Financial Institutions

[31-1-o]

BANK OF CANADA

Balance Sheet as at July 5, 2000

ASSETS	amount	amount
Gold coin and bullion
Deposits in foreign currencies
U.S. dollars	305,888,589
Other currencies	8,750,603
Total		314,639,192
Advances to:
Government of Canada
Provincial Governments
Members of the Canadian Payments Association	234,813,445
Total		234,813,445
Investments
(At amortized values):
Treasury bills of Canada	9,263,789,247
Other securities issued or guaranteed by Canada maturing within three years	6,840,320,406
Other securities issued or guaranteed by Canada not maturing within three years	15,060,776,703
Securities issued or guaranteed by a province of Canada
Other bills
Other investments	2,972,602,052
Total		34,137,488,408
Bank premises		167,752,620
Other assets		385,650,570
Total		35,240,344,235
LIABILITIES
Capital paid up		5,000,000
Rest fund		25,000,000
Notes in circulation		34,139,075,404
Deposits:
Government of Canada	12,450,101
Provincial Governments
Banks	369,311,242
Other members of the Canadian Payments Association	87,377,133
Other	265,141,125
Total		734,279,601
Liabilities in foreign currencies
To Government of Canada	28,491,190
To others
Total		28,491,190
All other liabilities		308,498,040
Total		35,240,344,235

*NOTE	dollar	amount
MATURITY DISTRIBUTION OF INVESTMENTS IN SECURITIES ISSUED OR GUARANTEED BY CANADA NOT MATURING WITHIN 3 YEARS (ITEM 4(c) OF ABOVE ASSETS):
(a) Securities maturing in over 3 years but not over 5 years	$	3,573,387,924
(b) Securities maturing in over 5 years but not over 10 years		7,781,247,893
(c) Securities maturing in over 10 years		3,706,140,886
	$	15,060,776,703
TOTAL AMOUNT OF SECURITIES INCLUDED IN ITEMS 4(a) TO (c) OF ABOVE ASSETS HELD UNDER PURCHASE AND RESALE AGREEMENTS*
* Effective November 10, 1999, the amount of securities held under Purchase and Resale Agreements is no longer recorded under item 4 of above assets. Please refer to the following disclosures.
TOTAL VALUE INCLUDED IN ALL OTHER ASSETS RELATED TO SECURITIES PURCHASED UNDER RESALE AGREEMENTS
TOTAL VALUE INCLUDED IN ALL OTHER LIABILITIES RELATED TO SECURITIES SOLD UNDER REPURCHASE AGREEMENTS

I declare that the foregoing return is correct according to the books of the Bank.

J. COSIER

Acting Chief Accountant

I declare that the foregoing return is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.

G. G. THIESSEN

Governor

Ottawa, July 7, 2000

[31-1-o]

BANK OF CANADA

Balance Sheet as at July 12, 2000

ASSETS	amount	amount
Gold coin and bullion
Deposits in foreign currencies
U.S. dollars	315,939,692
Other currencies	8,597,813
Total		324,537,505
Advances to:
Government of Canada
Provincial Governments
Members of the Canadian Payments Association	468,234,396
Total		468,234,396
Investments
(At amortized values):
Treasury bills of Canada	9,237,403,515
Other securities issued or guaranteed by Canada maturing within three years	6,840,382,227
Other securities issued or guaranteed by Canada not maturing within three years	15,060,850,821
Securities issued or guaranteed by a province of Canada
Other bills
Other investments	3,441,203,800
Total		34,579,840,363
Bank premises		167,933,073
All other assets		424,884,052
Total		35,965,429,389
LIABILITIES
Capital paid up		5,000,000
Rest fund		25,000,000
Notes in circulation		33,737,429,266
Deposits:
Government of Canada	11,976,018
Provincial Governments
Banks	456,213,335
Other members of the Canadian Payments Association	36,927,344
Other	258,383,034
Total		763,499,731
Liabilities in foreign currencies
To Government of Canada	162,895,425
To others
Total		162,895,425
All other liabilities		1,271,604,967
Total		35,965,429,389

*NOTE	dollar	amount
MATURITY DISTRIBUTION OF INVESTMENTS IN SECURITIES ISSUED OR GUARANTEED BY CANADA NOT MATURING WITHIN 3 YEARS (ITEM 4(c) OF ABOVE ASSETS):
(a) Securities maturing in over 3 years but not over 5 years	$	3,573,542,955
(b) Securities maturing in over 5 years but not over 10 years		7,781,247,543
(c) Securities maturing in over 10 years		3,706,060,323
	$	15,060,850,821
TOTAL AMOUNT OF SECURITIES INCLUDED IN ITEMS 4(a) TO (c) OF ABOVE ASSETS HELD UNDER PURCHASE AND RESALE AGREEMENTS*
* Effective November 10, 1999, the amount of securities held under Purchase and Resale Agreements is no longer recorded under item 4 of above assets. Please refer to the following disclosures.
TOTAL VALUE INCLUDED IN ALL OTHER ASSETS RELATED TO SECURITIES PURCHASED UNDER RESALE AGREEMENTS
TOTAL VALUE INCLUDED IN ALL OTHER LIABILITIES RELATED TO SECURITIES SOLD UNDER REPURCHASE AGREEMENTS		923,026,219

I declare that the foregoing return is correct according to the books of the Bank.

F. J. MAHONEY

Chief Accountant

I declare that the foregoing return is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.

G. G. THIESSEN

Governor

Ottawa, July 13, 2000

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