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Vol. 135, No. 38 — September 22, 2001
GOVERNMENT NOTICES
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. 4543-2-06139 is approved.
1. Permittee: Department of Public Works and Government Services, Halifax, Nova Scotia.
2. Type of Permit: To load and dispose of dredged material.
3. Term of Permit: Permit is valid from October 22, 2001, to October 21, 2002.
4. Loading Site(s): 43°11.58' N, 66°10.08' W (NAD83), Meteghan Harbour, as described in Figure 1, "Sampling Sites and Dredge Depths" included in the Canadian Environmental Assessment Act (CEAA) document included with the permit application.
5. Disposal Site(s): 44°11.92' N, 66°10.51' W (NAD83). Location as described in Figure 2 in the CEAA document included with the permit application.
6. Route to Disposal Site(s): Route as described in Figure 2 in the CEAA document included with the permit application.
7. Equipment: Clamshell or bucket dredge and towed or self-propelled barges.
8. Method of Disposal: All dumping shall occur in accordance with the Environmental Management Plan required in paragraph 12.7.
9. Rate of Disposal: As required by normal operations.
10. Total Quantity to Be Disposed of: Not to exceed 50 000 m3 place measure.
11. Waste and Other Matter to Be Disposed of: Dredged material consisting sand and silty sand.
12. Requirements and Restrictions:
12.1. It is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Clark Wiseman, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 16th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-7924 (Facsimile), clark. wiseman@ec.gc.ca (Electronic mail), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall include the equipment to be used, contractor, contact for the contractor, and expected period of dredging.
12.2. A written report shall be submitted to Mr. Clark Wiseman, identified in paragraph 12.1., within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity of material disposed of and the dates on which the loading and disposal activities occurred.
12.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. Proof of payment of the remaining balance of $11,750 shall be submitted to Mr. Victor Li, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (Facsimile), prior to April 22, 2002.
12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each disposal site shall be submitted to Mr. Victor Li, identified in paragraph 12.3. The procedures shall be approved by the Department of the Environment prior the commencement of the first dredging operation to be conducted under this permit.
12.5. 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.
12.6. The Permittee shall notify in writing Mr. Peter Winchester, Area Habitat Coordinator, Department of Fisheries and Oceans, Yarmouth, Nova Scotia, (902) 742-0873 (Telephone), (902) 742-6893 (Facsimile), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site.
12.7. An Environmental Management Plan designed to address concerns relating to navigation, disposal and spill prevention and response shall be submitted to Mr. Victor Li, identified in paragraph 12.3. The plan shall be approved by the Department of the Environment prior to the commencement of the operations to be conducted under this permit.
12.8. A copy of this permit and the documents and drawings referenced in this permit shall be available on site at all times when dredging operations are underway.
12.9. The dredging and disposal at sea authorized by this permit shall only be carried out by the Permittee or by any person with written approval from the Permittee. Within 24 hours of authorizing approval to another person to conduct the dredging and disposal authorized by this permit, the Permittee shall submit a copy of the written approval by facsimile ((902) 426-7924) to Mr. Clark Wiseman, identified in paragraph 12.1.
12.10. The loading and disposal of dredged materials authorized by this permit are restricted to the following time periods: October 22 to November 26, 2001, and June 1, to October 21, 2002. Any dredging conducted outside the above periods must be approved by the Department of the Environment prior to the commencement of the work.
J. H. KOZAK
Environmental Protection
Atlantic Region
[38-1-o]
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. 4543-2-06141 is approved.
1. Permittee: Breakwater Fisheries Ltd., Cottlesville, Newfoundland.
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 October 22, 2001, to October 21, 2002.
4. Loading Site(s): 49°30.70' N, 54°51.63' W, Cottlesville, Newfoundland.
5. Disposal Site(s): 49°30.70' N, 54°53.70' W, at an approximate depth of 236 m.
6. Route to Disposal Site(s): Most direct navigational route from the loading site to the disposal site.
7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all material to be disposed of during loading and transit to the disposal site.
8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner that will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging material.
9. Rate of Disposal: As required by normal operations.
10. Total Quantity to Be Disposed of: Not to exceed 1 500 tonnes.
11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish processing operations.
12. Requirements and Restrictions:
12.1. It is required that the Permittee report, in writing, to Mr. Neil Codner, Environmental Protection Branch, Department of the Environment, 6 Bruce Street, Mount Pearl, Newfoundland A1N 4T3, (709) 772-5097 (Facsimile), neil.codner@ec.gc.ca (Electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit.
12.2. A written report shall be submitted to Mr. Neil Codner, identified in paragraph 12.1., within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the loading and disposal activities occurred.
12.3. 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.
12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any other place than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site.
12.5. The material to be disposed of must be covered by netting or other material to prevent access by gulls.
12.6. This permit must be displayed in an area of the plant accessible to the public.
12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location.
12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee.
12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated under the Canadian Environmental Protection Act, 1999.
J. H. KOZAK
Environmental Protection
Atlantic Region
[38-1-o]
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. 4543-2-06142 is approved.
1. Permittee: Breakwater Fisheries Ltd., Change Islands, Newfoundland.
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 October 22, 2001, to October 21, 2002.
4. Loading Site(s): 49°40.35' N, 54°24.14' W, Change Islands, Newfoundland.
5. Disposal Site(s): 49°40.69' N, 54°23.20' W, at an approximate depth of 17 m.
6. Route to Disposal Site(s): Most direct navigational route from the loading site to the disposal site.
7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all material to be disposed of during loading and transit to the disposal site.
8. Method of Disposal: The material to be disposed of shall be discharged from the equipment or vessel while steaming within 300 m of the approved disposal site. Disposal will take place in a manner that will promote the greatest degree of dispersion. All vessels will operate at maximum safe speed while discharging material.
9. Rate of Disposal: As required by normal operations.
10. Total Quantity to Be Disposed of: Not to exceed 500 tonnes.
11. Waste and Other Matter to Be Disposed of: Fish waste and other organic matter resulting from industrial fish processing operations.
12. Requirements and Restrictions:
12.1. It is required that the Permittee report, in writing, to Mr. Neil Codner, Environmental Protection Branch, Department of the Environment, 6 Bruce Street, Mount Pearl, Newfoundland A1N 4T3, (709) 772-5097 (Facsimile), neil.codner@ec.gc.ca (Electronic mail), at least 48 hours prior to the start of the first disposal operation to be conducted under this permit.
12.2. A written report shall be submitted to Mr. Neil Codner, identified in paragraph 12.1., within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the loading and disposal activities occurred.
12.3. 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.
12.4. The loading and transit of material to be disposed of at the disposal site must be conducted in such a manner that no material enters the marine environment. Material spilled at any place other than the permitted disposal site must be retrieved. All wastes must be contained on shore while the barge is away from the loading site.
12.5. The material to be disposed of must be covered by netting or other material to prevent access by gulls.
12.6. This permit must be displayed in an area of the plant accessible to the public.
12.7. Vessels operating under the authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location.
12.8. The loading or disposal at sea conducted under this permit shall not be carried out without written authorization from the Permittee.
12.9. Material loaded for the purpose of disposal at sea may not be held aboard any vessel for more than 96 hours without the written consent of an enforcement officer designated under the Canadian Environmental Protection Act, 1999.
12.10. The Permittee shall periodically determine the water depth in the area of the disposal site. The depth readings shall be taken every eight weeks, beginning with the start date of this permit, and reported to Mr. Rick Wadman, Environmental Protection Branch, Department of the Environment, 6 Bruce Street, Mount Pearl, Newfoundland A1N 4T3, (709) 772-5097 (Facsimile), rick.wadman@ec.gc.ca (Electronic mail).
J. H. KOZAK
Environmental Protection
Atlantic Region
[38-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice with Respect to Certain Perfluorocarbons (PFCs)
Notice is hereby given, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999, that the Minister of the Environment requires, for the purpose of assessing whether the substances listed in Schedule 1 to this notice are toxic or are capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control the listed substances, any person described in Schedule 2 to this notice who possesses or who may reasonably be expected to have access to the information described in Schedule 3 to this notice, to provide that information no later than November 15, 2001.
Responses to this notice shall be submitted to the Minister of the Environment, to the attention of Heather Atkinson, Use Patterns and Controls Implementation Section, Environment Canada, 351 Saint-Joseph Boulevard, 12th Floor, Hull, Quebec K1A 0H3. Inquiries concerning the notice may be directed to Heather Atkinson at the above address, at (819) 953-1669 (Telephone) or at 1-888-391-3695/(819) 953-3132 (Fax machines).
Pursuant to 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 written request that it be treated as confidential.
Pursuant to subsection 71(4) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment may, on request in writing from any person to whom this notice applies, extend the time or times within which the person shall comply with this notice.
JOHN ARSENEAU
Director General
Toxics Pollution Prevention
Directorate
On behalf of the Minister of the Environment
SCHEDULE 1
Substances
PERFLUOROCARBONS (PFCs)
| Name | Formula | CAS RN1 |
|---|---|---|
| tetrafluoromethane (carbon tetrafluoride, R-14) | CF4 | 75-73-0 |
| hexafluoroethane (R-116) | C2F6 | 76-16-4 |
| 1,1,2,3,3,3-hexafluoro-1-propene | C3F6 | 116-15-4 |
| octafluoropropane (R-218) | C3F8 | 76-19-7 |
| 1,1,2,3,4,4-hexafluoro-1,3-butadiene | C4F6 | 685-63-2 |
| 1,1,1,4,4,4-hexafluoro-2-butyne | C4F6 | 692-50-2 |
| octafluorocyclobutane (perfluorocyclobutane, R-318) | C4F8 | 115-25-3 |
| 1,1,1,2,3,4,4,4-octafluoro-2-butene | C4F8 | 360-89-4 |
| decafluorobutane (perfluorobutane, FC-3-1-10) |
C4F10 | 355-25-9 |
| dodecafluoropentane (perfluoropentane, FC-4-1-12) | C5F12 | 678-26-2 |
| hexafluorobenzene (perfluorobenzene) | C6F6 | 392-56-3 |
| tetradecafluorohexane (perfluorohexane, FC-5-1-14) | C6F14 | 355-42-0 |
| hexadecafluoroheptane (perfluoroheptane, FC-6-1-16) | C7F16 | 335-57-9 |
| 1,1,2,2,3,3,4,5,5,6-decafluoro-4,6-bis(trifluoromethyl)cyclohexane | C8F16 | 335-27-3 |
| octadecafluorooctana (perfluorooctane) | C8F18 | 307-34-6 |
| perfluoro compounds mixtures | C5-18FX | 86508-42-12 |
1 CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service (CAS) Information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.
2 The CAS RN 86508-42-1 is used for numerous mixtures of perfluoro compounds (C5-18FX).
SCHEDULE 2
Persons Required to Provide Information
1. (1) This notice applies to any person who, during the 1998, 1999 or 2000 calendar year:
(a) manufactured, imported, exported, purchased, sold or used more than 1 kg in bulk of a substance listed in Schedule 1, whether alone or in a mixture; or
(b) imported or exported manufactured products that contained a substance listed in Schedule 1, whether alone or in a mixture.
(2) Despite subsection (1), sections 5 to 12 in Schedule 3 do not apply to any person in respect of the 1998, 1999 or 2000 calendar year during which the person:
(a) manufactured, imported, exported, purchased, or used a substance listed in Schedule 1, whether alone or in a mixture, exclusively for their own use as an individual; or
(b) sold a substance listed in Schedule 1, whether alone or in a mixture, that was previously used exclusively for their own use as an individual.
SCHEDULE 3
Information Required
1. The definitions in this section apply in this notice.
"calendar year" means a period of 12 consecutive months commencing on January 1st.
"export" means movement out of Canada, including inter-firm company transfers across the Canadian border but does not include transit through Canada.
"import" means movement into Canada, including inter-firm company transfers across the Canadian border but does not include transit through Canada.
"in bulk" means, in respect of a substance, confined only by the permanent structures of a container, or a transport unit, without intermediate containment or intermediate packaging.
"manufactured product" includes aerosol cans, refrigerators, air conditioning units, refrigerating units and foam.
"mass balance" means the difference between the sum total of the material manufactured, acquired from Canadian suppliers or imported and the sum total of the material sold in Canada, exported, used internally or used in the manufacturing of products.
"transit" means the portion of an international transboundary movement through the territory of a country that is neither the country of origin nor the country of destination of the movement.
2. For greater certainty, the following includes, but is not limited to, the known mixtures and trade names containing or used to identify a substance listed in Schedule 1:
| Mixtures | Weight percentage | |
|---|---|---|
| Name | Composition | |
| R-405A | HCFC-22 / HCFC-142b / HFC-152a / R-318 |
45.0 / 5.5 / 7.0 / 42.5 |
| R-412A | HCFC-22 / HCFC-142b / R-218 | 70.0 / 25.0 / 5.0 |
| R-508A | HFC-23 / FC-116 | 39.0 / 61.0 |
| R-508B | HFC-23 / FC-116 | 46.0 / 54.0 |
| R-509A | HCFC-22 / FC-218 | 44.0 / 56.0 |
| Trade Names | Trade Names |
|---|---|
| Company | |
| 3M Inc. | CEA-308, 410 and 614 FC-72, 77 and 84 PF-5030, 5040, 5050, 5060, 5070 and 5080 SF-2 |
| Chemtronics | Cirozane, Electronics/Electrical Cleaner, Electro-Wash CZ, Electro-Wash PSN, Flux-off CZ, Pow-R-Wash and Tuner Renu |
| E.I. DuPont de Nemours and Co. Inc. |
Suva 95, Zyron 116 |
| Greencool Canada Inc. | Greencool G2015 |
| ICI Ltd. | Klea 5R3, 508 and TP5R2 |
3. If the information provided in response to this notice represents more than one facility, persons to whom this notice applies shall provide the name and address of each facility to which the information relates as an attachment to their submission.
4. Persons to whom this notice applies shall provide the following information:
Identification and Declaration Form
Company Identification
Company name and address: ________________________
Name and title of person responding: ________________________
Telephone number: ________________________
Facsimile number: ________________________
Electronic mail: ________________________
Exempt Declaration
Pursuant to subsection
1(2) of Schedule 2, sections 5 to 12 of Schedule 3 to this notice do not
apply to me. (In this case, please send only the present
page completed, to the address indicated below).
Request for Confidentiality
Pursuant to section
313 of the Canadian Environmental Protection Act, 1999, I
request that the following information be treated as confidential. (Please
specify sections, tables, etc., and include a rationale for your decision).
I do not request that
the following information be treated as confidential and I consent to
it being released without restriction.
Name ________________________
Title ________________________
Signature ________________________
Date ________________________
Please return no later than November 15, 2001, to:
Minister of the Environment, to the attention of Heather Atkinson
Use Patterns and Controls Implementation Section
Environment Canada
Place Vincent Massey, 12th Floor
351 Saint-Joseph Boulevard
Hull, Quebec K1A 0H3
Telephone: (819) 953-1669 Facsimile: 1-888-391-3695/(819) 953-3132
5. For each substance listed in Schedule 1, whether alone or in a mixture, that was manufactured, imported, exported, purchased, sold, or used in bulk during the 1998, 1999 or 2000 calendar year, provide the following information:
(a) the name of the substance or the mixture in which it is contained that was manufactured, imported, exported, sold, or used;
(b) the concentration of the substance as a weight percentage of the mixture in which it is contained where applicable; and
(c) the name and address of the manufacturer of the substance or the mixture in which it is contained.
| Year | Name of the substance or the mixture manufactured, imported, exported, purchased, sold, or used in bulk | Concentration of the substance (wt %) |
Name and address of the manufacturer of the substance or the mixture |
|---|---|---|---|
Attach supplementary sheets if necessary.
6. For each substance listed in Schedule 1, whether alone or in a mixture, that was manufactured, imported or exported in bulk during the 1998, 1999 or 2000 calendar year, provide the following information:
(a) the name of the substance or the mixture in which it is contained that was manufactured, imported, or exported;
(b) the quantity, reported in kilograms, of the substance or the mixture in which it is contained that was manufactured;
(c) the quantity, reported in kilograms, of the substance or the mixture in which it is contained that was imported and the country of origin; and
(d) the quantity, reported in kilograms, of the substance or the mixture in which it is contained that was exported and country of destination.
| Year | Name of the substance or the mixture that was manufactured, imported or exported in bulk | Manufacture | Imports3 | |
|---|---|---|---|---|
| Quantity (kg) | Quantity (kg) | Country of origin | ||
| Year | Name of the substance or the mixture that was manufactured, imported or exported in bulk | Manufacture | Exports | |
|---|---|---|---|---|
| Quantity (kg) | Quantity (kg) | Country of destination | ||
3 Report only the quantity of the substance or the mixture in which it is contained that was imported by you. Do not report what a Canadian supplier may have imported for you.
Attach supplementary sheets if necessary.
7. For each substance listed in Schedule 1, whether alone or in a mixture, that you purchased from a Canadian supplier in bulk during the 1998, 1999 or 2000 calendar year, provide the following information:
(a) the name of the substance or the mixture in which it is contained purchased from each Canadian supplier;
(b) the name and address of each Canadian supplier; and
(c) the quantity, reported in kilograms, of the substance or the mixture in which it is contained acquired from each Canadian supplier.
| Year | Name of the substance or the mixture purchased from a Canadian supplier in bulk | Name and address of Canadian supplier |
Quantity (kg) purchased |
|---|---|---|---|
Attach supplementary sheets if necessary.
8. For each substance listed in Schedule 1, whether alone or in a mixture, that was used in bulk during the 1998, 1999 or 2000 calendar year, provide the following information:
(a) the name of the substance or the mixture in which it is contained that was used;
(b) the applicable use pattern code, described in section 12, for the substance or the mixture in which it is contained;
(c) if applicable, any additional details on how the substance or the mixture in which it is contained was used;
(d) the quantity, reported in kilograms, of the substance or the mixture in which it was contained that was used for each applicable use pattern code.
| Year | Name of the substance or mixture that was used in bulk |
Use pattern code (section 12) |
Additional details on how the substance or the mixture was used |
Quantity (kg) used for each use pattern code |
|---|---|---|---|---|
Attach supplementary sheets if necessary.
9. For each substance listed in Schedule 1, whether alone or in a mixture, that was manufactured, imported, exported, purchased, sold, or used in bulk during the 1998, 1999 or 2000 calendar year and that has a negative or positive mass balance, provide the following information:
(a) the name of the substance or the mixture in which it is contained that was manufactured, imported, exported, sold, or used;
(b) the elements of the mass balance equation (e.g. imports, exports, etc.) and the quantity, reported in kilograms, of the substance or the mixture in which it is contained for each element; and
(c) an explanation of the cause of the negative or positive mass balance (e.g., modifications of inventories, purchases, emissions in the environment, losses, etc.) of the substance or the mixture in which it is contained and the quantity, reported in kilograms, attributed to each cause.
| Year | Name of the substance or the mixture manufactured, imported, exported, purchased, sold, or used in bulk that has a negative or positive mass balance | Elements of the mass balance equation (e.g. imports, exports, etc.) and the quantity, reported in kilograms, of each element |
Explanation of the cause of the negative or positive mass balance (e.g., modifications of inventories, purchases, emissions in the environment, losses, etc.), and the quantity, reported in kilograms, attributed to each cause |
|---|---|---|---|
Attach supplementary sheets if necessary.
10. For each substance listed in Schedule 1, whether alone or in a mixture, that was sold in bulk to a Canadian customer during the 1998, 1999 or 2000 calendar year, provide the following information:
(a) the name of the substance or the mixture in which it is contained that was sold to each Canadian customer;
(b) the name, address, and telephone number of each Canadian customer to whom the substance or the mixture in which it is contained was sold;
(c) the applicable use pattern code(s), described in section 12, for the substance or the mixture in which it is contained; and
(d) the quantity, reported in kilograms, of the substance or the mixture in which it is contained that was sold to each Canadian customer for each applicable use pattern code.
| Year | Name of the substance or the mixture that was sold to a Canadian customer in bulk | Name, address, and telephone number of customer | Use pattern code (section 12) 4 |
Quantity (kg) sold for each use pattern code |
|---|---|---|---|---|
4 If you do not know the exact use to be made of the substance or the mixture in which it is contained, provide the most complete and accurate information available to you.
Attach supplementary sheets if necessary.
11. For each substance listed in Schedule 1, whether alone or in a mixture, that is contained in a manufactured product and that was imported or exported during the 1998, 1999 or 2000 calendar year, provide the following information:
(a) the name of the substance or the mixture in which it is contained that was imported or exported as a manufactured product;
(b) a description of the manufactured product;
(c) the number of units of the manufactured product that were imported or exported and the country of origin or destination;
(d) the quantity, reported in kilograms, of the substance or the mixture in which it is contained that is present in each unit of the manufactured product;
(e) the total quantity, reported in kilograms, of the substance or the mixture in which it is contained that was imported, obtained by multiplying the number of units of the manufactured product that was imported by the quantity of the substance or the mixture in which it is contained that is present in each unit of the manufactured product; and
(f) the total quantity, reported in kilograms, of the substance or the mixture in which it is contained that was exported, obtained by multiplying the number of units of the manufactured product that was exported by the quantity of the substance or the mixture in which it is contained that is present in each unit of the manufactured product.
| Year | Name of the substance or the mixture that was imported or exported as a manufactured product | Description of the manufactured product |
Number of units |
Quantity (kg) of the substance or the mixture per unit |
|---|---|---|---|---|
| Year | Name of the substance or the mixture that was imported or exported as a manufactured product | Imports | Exports | ||
|---|---|---|---|---|---|
| Country of origin | Quantity (kg) |
Country of destination | Quantity (kg) |
||
12. For the purposes of sections 8 and 10, the following are the applicable use pattern codes and their corresponding applications:
Use Pattern Codes and Corresponding Applications
| Use Pattern Code | Application |
|---|---|
| 1.0 | Solvent |
| 1.1 | Cleaner for the electronic sector |
| 1.2 | General cleaner (please specify) |
| 1.3 | Laboratory solvent (please specify) |
| 1.4 | Biological/medical applications (e.g. vitreoretinal surgery) (please specify) |
| 1.5 | Drying application |
| 1.6 | Carrier solvent for various products (e.g. protective coating, mold release agent, lubricants) |
| 1.7 | Other (please specify) |
| 2.0 | Dielectric Fluids |
| 2.1 | Heat transfer medium (e.g. lower operating temperatures of electrical equipment) |
| 2.2 | Electrical insulation |
| 2.3 | Dielectric coolant (e.g. fuel cells, lasers) |
| 2.4 | Other (please specify) |
| 3.0 | Vapor Phase Systems |
| 3.1 | Plasma etching of substrates/silicon wafers in the semiconductor industry |
| 3.2 | Cleaning of the chemical vapour deposition (CVD) chamber under plasma etching conditions in the semiconductor industry |
| 3.3 | Mass reflow soldering |
| 3.4 | Polymer and resin curing |
| 3.5 | Other (please specify) |
| 4.0 | Electronic Quality Control Testing |
| 4.1 | Gross leak testing |
| 4.2 | Thermal shock testing |
| 4.3 | Burn-in testing |
| 4.4 | Electrical environmental testing |
| 4.5 | Temperature calibration |
| 4.6 | Failure analysis and short detection |
| 4.7 | Dew point determination |
| 4.8 | Ceramic crack test |
| 4.9 | Other (please specify) |
| 5.0 | Air Conditioning (Original Equipment Manufacture and Service/Maintenance) — please specify which type of equipment |
| 6.0 | Ultra-Low Temperature Refrigeration < -20°C (Original Equipment Manufacture and Service/Maintenance) — please specify which type of equipment |
| 6.1 | Blood bank storage |
| 6.2 | Vaccines storage |
| 6.3 | Tissue samples storage |
| 6.4 | Hazardous and biomedical waste storage |
| 6.5 | Pharmaceuticals storage |
| 6.6 | Temperature chromatography test |
| 6.7 | Storage of pathogens |
| 6.8 | Other (please specify) |
| 7.0 | Refrigeration Excluding Ultra-Low Temperature Refrigeration < -20°C (Original Equipment Manufacture and Service/Maintenance) — please specify which type of equipment |
| 8.0 | Fire suppression/Extinguishing systems (Original Equipment Manufacture and Service/Maintenance) — please specify which type of equipment |
| 8.1 | Streaming (portable) systems |
| 8.2 | Total Flooding (fixed) systems |
| 9.0 | Blowing agent in foams |
| Please specify the type of foam (e.g. polyurethane, polystyrene, etc.), the kind (e.g. flexible, rigid, etc.), the format (e.g. molded, slabstock, boardstock, sheet, laminated, poured, sprayed, extruded, expanded, etc.) and the application (e.g. cushioning, thermal insulation, packaging, etc.) | |
| 10.0 | Other (please specify) |
EXPLANATORY NOTE
(This note is not part of the notice.)
In June 1992, Canada was one of over 150 countries to sign the United Nations Framework Convention on Climate Change (Convention) at the United Nations Conference on Environment and Development (Earth Summit) held in Rio de Janeiro. Canada became the eighth country to ratify the Convention, which entered into force on March 21, 1994. The Convention sets an objective of stabilizing greenhouse gas concentrations in the atmosphere at a level that prevents dangerous anthropogenic (human-induced) interference with the climate system.
Canada's National Action Program on Climate Change identifies climate change as an environmental issue of concern to the federal government. In December 1997, at the third meeting of the Conference of the Parties (COP-3) to the Convention, held in Kyoto in Japan, Canada and 160 other countries adopted the Kyoto Protocol. Article 3 of the Kyoto Protocol commits developed countries to reducing their collective emissions of six key greenhouse gases by at least 5 percent below 1990 levels in the commitment period 2008 to 2012. Canada's greenhouse gas reduction commitment in Annex B of the Kyoto Protocol is listed as 6 percent below 1990 levels for the period spanning 2008 to 2012.
Perfluorocarbons (PFCs) are a class of compounds that have intrinsic global warming potential and are included as one of the six key greenhouse gases listed in the Kyoto Protocol. This notice requires information on certain perfluorocarbons (Schedule 1). The information is requested for the 1998, 1999 and 2000 calendar years and will assist Environment Canada in understanding the use of these substances and in assessing the need for control strategies.
This notice was published in the Canada Gazette, Part I, pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999 (CEPA, 1999). This notice requires the persons to whom it applies to provide certain information on their activities with respect to the substances listed in Schedule 1.
Pursuant to subsection 71(3) of CEPA, 1999, every person to whom this notice applies is required to comply with this notice within the time specified. The time specified in this notice is November 15, 2001.
Compliance with CEPA, 1999 is mandatory. Subsection 272(1) of CEPA, 1999 provides that:
272. (1) Every person commits an offence who contravenes
(a) a provision of this Act or the regulations;
(b) an obligation or a prohibition arising from this Act or the regulations;
(c) an order or a direction made under this Act;
...
Subsection 272(2) of CEPA, 1999 provides that:
272. (2) Every person who commits an offence under subsection (1) is liable
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and
(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.
Furthermore, with respect to providing false or misleading information, subsection 273(1) of CEPA, 1999 provides that:
273. (1) Every person commits an offence who, with respect to any matter related to this Act or the regulations,
(a) provides any person with any false or misleading information, results or samples; or
(b) files a document that contains false or misleading information.
Subsection 273(2) of CEPA, 1999 provides that:
273. (2) Every person who commits an offence under subsection (1) is liable
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, if the offence is committed knowingly;
(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both, if the offence is committed knowingly;
(c) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both, if the offence is committed negligently; and
(d) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both, if the offence is committed negligently.
The above provisions of the CEPA, 1999 have been reproduced for convenience of reference only and have no official sanction. For all purposes of interpreting and applying the law, readers should consult the Act as passed by Parliament, which is published in the "Assented to" Acts service, Part III of the Canada Gazette and the annual Statutes of Canada. For additional information on CEPA, 1999 and the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999, which sets out the range of possible responses to violations and the criteria for selecting the appropriate enforcement response, please contact the Enforcement Branch at (819) 953-1173.
Forward your completed response no later than November 15, 2001, to: Minister of the Environment, to the attention of Heather Atkinson, Use Patterns and Controls Implementation Section, Environment Canada, Place Vincent Massey, 12th Floor, 351 Saint-Joseph Boulevard, Hull, Quebec K1A 0H3.
An electronic copy of this notice is available at the following Web sites: www/ec.gc.ca/ozone and www.ec.gc.ca/ CEPARegistry/notices.
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DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE
NORTH AMERICAN FREE TRADE AGREEMENT
Clarification of Certain Provisions of the Chapter on Investment (Chapter 11)
The Minister of International Trade, Pierre S. Pettigrew, wishes to inform the Canadian public of the clarifications that were made on provisions of Chapter 11 (investment) of the North American Free Trade Agreement (NAFTA) during the NAFTA Free Trade Commission meeting held in Washington on July 31, 2001.
Committed to making the investor-state dispute settlement process in NAFTA as open and transparent as possible, the NAFTA Commission agreed to make available to the public all documents submitted to or issued by Chapter 11 tribunals, except in limited circumstances, and confirmed that they can share all relevant Chapter 11 documents, including confidential information, with their respective federal, state and provincial officials.
The Commission also clarified the interpretation of the NAFTA provision governing the minimum standard of treatment to be accorded to foreign investors. NAFTA's standard is the customary international law minimum standard of treatment. The ministers also directed trade experts to continue their work examining the implementation and operation of Chapter 11, including developing recommendations as appropriate.
The complete text of the signed document is attached, and can be found, along with the NAFTA Free Trade Commission Joint Statement and the "NAFTA at Seven" brochure, at http://www.dfait-maeci.gc.ca/nafta-alena/menu-e.asp.
D. G. WADDELL
Assistant Deputy Minister
Trade, Economic and Environment Policy
APPENDIX
Having reviewed the operation of proceedings conducted under Chapter Eleven of the North American Free Trade Agreement, the Free Trade Commission hereby adopts the following interpretations of Chapter Eleven in order to clarify and reaffirm the meaning of certain of its provisions:
A. Access to documents
1. Nothing in the NAFTA imposes a general duty of confidentiality on the disputing parties to a Chapter Eleven arbitration, and, subject to the application of Article 1137(4), nothing in the NAFTA precludes the Parties from providing public access to documents submitted to, or issued by, a Chapter Eleven tribunal.
2. In the application of the foregoing:
(a) In accordance with Article 1120(2), the NAFTA Parties agree that nothing in the relevant arbitral rules imposes a general duty of confidentiality or precludes the Parties from providing public access to documents submitted to, or issued by, Chapter Eleven tribunals, apart from the limited specific exceptions set forth expressly in those rules.
(b) Each Party agrees to make available to the public in a timely manner all documents submitted to, or issued by, a Chapter Eleven tribunal, subject to redaction of:
(i) confidential business information;
(ii) information which is privileged or otherwise protected from disclosure
under the Party's domestic law; and
(iii) information which the Party must withhold pursuant to the relevant
arbitral rules, as applied.
(c) The Parties reaffirm that disputing parties may disclose to other persons in connection with the arbitral proceedings such unredacted documents as they consider necessary for the preparation of their cases, but they shall ensure that those persons protect the confidential information in such documents.
(d) The Parties further reaffirm that the Governments of Canada, the United Mexican States and the United States of America may share with officials of their respective federal, state or provincial governments all relevant documents in the course of dispute settlement under Chapter Eleven of NAFTA, including confidential information.
3. The Parties confirm that nothing in this interpretation shall be construed to require any Party to furnish or allow access to information that it may withhold in accordance with Articles 2102 or 2105.
B. Minimum Standard of Treatment in Accordance with International Law
1. Article 1105(1) prescribes the customary international law minimum standard of treatment of aliens as the minimum standard of treatment to be afforded to investments of investors of another Party.
2. The concepts of "fair and equitable treatment" and "full protection and security" do not require treatment in addition to or beyond that which is required by the customary international law minimum standard of treatment of aliens.
3. A determination that there has been a breach of another provision of the NAFTA, or of a separate international agreement, does not establish that there has been a breach of Article 1105(1).
Closing Provision
The adoption by the Free Trade Commission of this or any future interpretation shall not be construed as indicating an absence of agreement among the NAFTA Parties about other matters of interpretation of the Agreement.
Done in triplicate at Washington, D.C., on the 31st day of July, 2001, in the English, French and Spanish languages, each text being equally authentic.
For the Government of Canada
PIERRE S. PETTIGREW
Minister for International Trade
For the Government of the United States of America
ROBERT B. ZOELLICK
United States Trade Representative
For the Government of the United Mexican States
LUIS ERNESTO DERBEZ BAUTISTA
Secretary of Economy
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DEPARTMENT OF INDUSTRY
PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT
Process for the Determination of "Substantially Similar" Provincial Legislation by the Governor in Council
This notice is to advise the public of the process Industry Canada will follow for determining whether provincial/territorial privacy legislation that applies to the private sector will be deemed "substantially similar" to the Personal Information Protection and Electronic Documents Act (PIPEDA), pursuant to paragraph 26(2)(b) of the Act.
Background
The alignment of federal and provincial/territorial legislative regimes for the protection of privacy in the private sector will make privacy laws easier for individuals to understand and simpler for businesses to implement. In addition, greater harmonization will create a more consistent set of rules with regard to the protection of personal information covering all businesses and organizations across all sectors, including those sectors such as health which are largely subject to the legislative or regulatory authority of provinces/territories. Reflecting the importance of harmonizing federal, provincial and territorial legislative regimes governing the protection of privacy, the PIPEDA contains a provision, paragraph 26(2)(b), which gives the Governor in Council the power to "if satisfied that legislation of a province that is substantially similar to this Part applies to an organization, a class of organizations, an activity or a class of activities, exempt the organization, activity or class from the application of this Part in respect of the collection, use or disclosure of personal information that occurs within that province." The effect of this provision is to enable provinces/territories to regulate the personal information management practices of organizations operating within their borders and to minimize the imposition of a dual regulatory regime on these organizations. In those areas of activity under provincial/teritorial jurisdiction where substantially similar provincial/territorial legislation is in effect, only out of province/territory flows of personal information will be subject to the PIPEDA.
The former Minister of Industry described substantially similar legislation as "legislation that provides a basic set of fair information practices which are consistent with the CSA Standard, oversight by an independent body and redress for those who are aggrieved." (December 2, 1999, Minister Manley to the Standing Senate Committee on Social Affairs, Science and Technology).
Procedural Issues
What is the process for Government decision-making and approval?
The Governor in Council, on the recommendation of the Minister of Industry, will make a determination of substantially similar pursuant to paragraph 26(2)(b) and make the appropriate Order. Following the usual practice, the Minister of Industry will prepare recommendations to the Governor in Council in consultation with other interested departments and agencies.
What will trigger a formal determination of "substantially similar" under the Act?
To begin the process, a province/territory or an organization, e.g., a credit reporting agency, can advise the Minister of Industry of the existence of provincial/territorial legislation (either in force or to come into force at a future date), which they believe is substantially similar to the federal law. In the case of an organization providing such notification, the Minister of Industry will write to the Minister responsible for the relevant provincial/territorial legislation in order to seek that Minister's views. The Minister of Industry may also act on his/her own initiative to recommend to the Governor in Council, following consultation with the provinces or territories involved, to designate provincial/territorial private sector privacy legislation as substantially similar.
No organization or activity can be exempted from the application of the PIPEDA, pursuant to paragraph 26(2)(b), unless the Governor in Council has made the appropriate Order.
Will a decision on "substantially similar" refer to a specific provincial/territorial law, or a province's/territory's legislative regime in general, i.e., to more than one law in a province/ territory or to an activity or class of activity, such as credit reporting, which is governed by similar legislation in the provinces/ territories?
Under paragraph 26(2)(b), the Governor in Council has the power to exempt organizations or activities which are subject to a provincial/territorial law from the application of the federal law within the province/territory. Since the exemption refers to "organization, activity or class" for collections, uses or disclosures, the Order can take into account an entire provincial/territorial legislative regime for protecting personal information in the private sector, which may involve a single comprehensive privacy protection law (e.g., Quebec), or multiple provincial/territorial laws within or across provincial/territorial jurisdictions (e.g., the credit reporting legislation found in a number of provinces/ territories).
Can sector-specific legislation qualify as "substantially similar"?
As outlined above, the Order can exempt organizations or activities governed by sector-specific provincial/territorial legislation that is deemed substantially similar, e.g., provincial/territorial health information legislation which applies to organizations, such as pharmacies, that are engaged in commercial activities in the health sector.
Will there be a formal opportunity for public comment?
Industry Canada is publishing this notice in the Canada Gazette to announce the request for consideration pursuant to paragraph 26(2)(b) and to invite comments from the public. Such comments will be considered in the preparation of the Minister's recommendation to the Governor in Council.
What is the role of the Privacy Commissioner of Canada?
As an independent Officer of Parliament, the Privacy Commissioner can present his views on provincial privacy/territorial legislation, including draft legislation, as he deems appropriate. Subsection 25(1) of the PIPEDA requires the Commissioner to report to Parliament annually, and to report specifically on "the extent to which the provinces have enacted legislation that is substantially similar ... and the application of any such legislation." The Privacy Commissioner may consult directly with his counterparts or any other person who is in a position to assist him in the relevant provinces prior to the release of his annual report.
In order to allow the Privacy Commissioner to carry out his mandate under subsection 25(1) of the PIPEDA, the Minister of Industry will inform the Privacy Commissioner of a request under subsection 26(2) when it is received, and will seek the Privacy Commissioner's view as to whether the legislation is "substantially similar" to the PIPEDA. For all submissions to the Governor in Council, the Minister will consider and include the views of the Privacy Commissioner.
The Privacy Commissioner has stated that in applying the test he will interpret substantially similar as meaning equal to or superior to the federal law in the degree and quality of privacy protection. The federal law is the threshold or floor. A provincial/ territorial law must be at least as good, or it is not substantially similar.
What is the role of the provincial/territorial privacy commissioners and other public agencies?
Provincial/territorial commissioners could make their views known by responding directly to the Canada Gazette notice, or through the Office of the Privacy Commissioner of Canada, as well as through internal consultations and communications with their respective provincial/territorial governments.
Evaluation Issues
Which specific requirements will be considered by the Minister of Industry in formulating the recommendation to the Governor in Council pursuant to paragraph 26(2)(b)?
The phrase "substantially similar" is used in at least 27 federal statutes. In the Public Service Superannuation Act, for example, the term is used to define a substantially similar provincial law as "a law of a province that, in the opinion of the Minister, is substantially similar to the Pension Benefits Standards Act, 1985." By making use of the term "substantially similar" in the PIPEDA, the legislation affords provinces/territories the flexibility to adapt and tailor their own private sector legislation to the specific needs and conditions of their jurisdiction while meeting the intent of the Act. The former Minister of Industry told the Standing Senate Committee on Social Affairs, Science and Technology on December 2, 1999, "We are really looking for similar principles .... We are looking for independent oversight and we are looking for redress for individuals. We are not trying to prescribe in detail what provinces need to do" and later, "We are setting the general standard, and the provinces can legislate around it."
Substantially similar provincial/territorial legislation will be expected to:
— incorporate the ten principles in Schedule 1 (section 5) of the PIPEDA, principles set out in the National Standard of Canada entitled Model Code for the Protection of Personal Information, CAN/CSA-QQ830-96. The principles are accountability, identifying purposes, consent, limiting collection, limiting use, disclosure, and retention, accuracy, safeguards, openness, individual access, and challenging compliance. These principles represent a well-established consensus on what is necessary to protect privacy in the contemporary social and technological environment. The ten principles are interrelated, make reference to one another and should be read together. They do not have to be enumerated distinctly and separately in substantially similar legislation — what is important is that they all be represented. Special emphasis will be placed on the principles of consent, access and correction rights.
— provide for an independent and effective oversight and redress mechanism with powers to investigate. The effective enforcement of privacy protection and recourse for individuals who believe that their personal information has been misused are both essential to sound privacy legislation.
— restrict the collection, use and disclosure of personal information to purposes that are appropriate or legitimate. The PIPEDA restricts organizations to the collection, use or disclosure of personal information only for purposes that a reasonable person would consider appropriate in the circumstances. Quebec's private sector privacy legislation (Act Respecting the Protection of Personal Information in the Private Sector) uses the phrase "for a serious and legitimate reason." Such a provision is meant to ensure that an individual can challenge illegitimate, unreasonable or inappropriate collections, uses, disclosures of their information. Substantially similar legislation will include some reference to the reasonableness and appropriateness of the purposes for which it authorizes the collection, use or disclosure of personal information.
Interested persons are invited to submit comments with respect to the proposed process for the determination of substantially similar legislation within 30 days of the date of publication of this notice. All submissions should cite the Canada Gazette, Part I, the date of publication of this notice and be addressed to Richard Simpson, Director General, Electronic Commerce Branch, Industry Canada, 300 Slater Street, Room D2090, Ottawa, Ontario K1A 0C8. Comments can also be provided by facsimile at (613) 941-0178 or by electronic mail at simpson.richard@ic.gc.ca.
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DEPARTMENT OF INDUSTRY
TELECOMMUNICATIONS ACT
Notice No. DGTP-008-2001 — Petition to the Governor in Council
Notice is hereby given that a petition from (1) the Canadian Association of Broadcasters, (2) the Canadian Satellite Users Association, and (3) Star Choice Television Network Inc. has been received by the Governor in Council under section 12 of the Telecommunications Act in regard to the following decision issued by the Canadian Radio-television and Telecommunications Commission (CRTC): CRTC denies application to review and vary changes to the contribution regime decision, Order CRTC 2001-435. The request is based on several reasons included in the petition.
In Order CRTC 2001-435, the CRTC denied the application by Telesat Canada, and TMI Communications and Company Limited Partnership requesting that the Commission vary Decision 2000-745, which involved changes to the contribution regime.
Submissions on this petition should be addressed to the Clerk of the Privy Council and Secretary to the Cabinet, Langevin Block, 80 Wellington Street, Ottawa, Ontario K1A 0A3. A copy of the submission should also be sent to the Director General, Telecommunications Policy Branch, 300 Slater Street, 16th Floor, Ottawa, Ontario K1A 0C8. All submissions should indicate that they are in response to the above-mentioned petition and cite the Canada Gazette, Part I, notice publication date, title, and the notice reference number DGTP-008-2001.
Respondents are strongly encouraged to provide a copy of their submission in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to facilitate posting on the Department's Web site. Documents submitted through electronic media should be sent to telecom@ic.gc.ca.
This petition and any petition or submission made in response to it may be inspected by the public during normal business hours at the Industry Canada library, 235 Queen Street, Ottawa, and the offices of Industry Canada in Moncton, Montréal, Toronto, Winnipeg and Vancouver. Copies of the petition and of petitions or submissions received in response to it may be obtained electronically at http://strategis.gc.ca/spectrum, by mail order or over the counter from ByPress Printing and Copy Centre Inc., 300 Slater Street, Unit 101A, Ottawa, Ontario K1P 6A6, (613) 234-8826. Reasonable costs of duplication will be charged. It is the responsibility of interested parties to check the public record from time to time to keep abreast of submissions received.
September 14, 2001
MICHAEL HELM
Director General
Telecommunications Policy
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NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).
