Vol. 135, No. 47 — November 24, 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, the conditions of Permit No. 4543-2-03271 are amended as follows:

11.1. The Permittee must notify the permit issuing office in writing and receive written approval for each loading site prior to any loading or disposal. The written notification must include the following information:

11.6. The Permittee must report to the Regional Director, Environmental Protection Branch, Pacific and Yukon Region, within 10 days of the end of each month, the quantity of material disposed of pursuant to the permit.

J. B. WILSON
Environmental Protection
Pacific and Yukon Region

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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, the conditions of Permit No. 4543-2-03273 are amended as follows:

11.1. The Permittee must notify the permit issuing office in writing and receive written approval for each loading site prior to any loading or disposal. The written notification must include the following information:

11.6. The Permittee must report to the Regional Director, Environmental Protection Branch, Pacific and Yukon Region, within 10 days of the end of each month, the quantity of material disposed of pursuant to the permit.

J. B. WILSON
Environmental Protection
Pacific and Yukon Region

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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. 4543-2-03287 is approved.

1. Permittee: Fraser River Pile and Dredge, Vancouver, British Columbia.

2. Type of Permit: To load and dispose at sea waste and other matter.

3. Term of Permit: Permit is valid from January 1 to December 31, 2002.

4. Loading Site(s): CIPA Lumber Products, Annacis Island, British Columbia, at approximately 49°10.62' N, 122°56.65' W.

5. Disposal Site(s): Point Grey Disposal Site: 49°15.40' N, 123°22.10' W, at a depth of not less than 210 m.

The following position-fixing procedures must be followed to ensure disposal at the designated disposal site:

6. Route to Disposal Site(s): Direct.

7. Method of Loading and Disposal: Loading by clamshell dredge and disposal by bottom dump scow, or by end dumping.

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

9. Total Quantity to Be Disposed of: Not to exceed 8 000 m³.

10. Waste and Other Matter to Be Disposed of: Dredged material consisting of silt, sand, rock, wood wastes and other approved material typical of the approved loading site except logs and usable wood.

11. Requirements and Restrictions:

11.1. The Permittee must notify the permit issuing office before commencement of the project as to the dates on which the loading or ocean disposal will occur.

11.2. The Permittee must ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of any restrictions or conditions identified in the permit and of the possible consequences of any violation of these conditions. A copy of the permit and the letter of transmittal must be displayed at the loading site, and must be carried on all towing vessels and loading platforms or equipment involved in disposal at sea activities.

11.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations.

11.4. Contact must be made with the Canadian Coast Guard, Regional Marine Information Centre, regarding the issuance of a "Notice to Shipping." The Permittee should contact the Regional Manager, Regional Marine Information Centre, 3280-555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6012 (Telephone), (604) 666-8453 (Facsimile), RMIC-PACIFIC@PAC.DFO-MPO.GC.CA (Electronic mail).

11.5. Any enforcement officer designated pursuant to subsection 217(1) of the Canadian Environmental Protection Act, 1999 shall be permitted to mount an electronic tracking device on any vessel that is engaged in the disposal at sea activities authorized by this permit. The Permittee shall take all reasonable measures to ensure there is no tampering with the tracking device and no interference with its operation. The tracking device shall be removed only by an enforcement officer or by a person with the written consent of an enforcement officer.

11.6. The Permittee must submit to the Regional Director, Environmental Protection Branch, within 30 days of the expiry of the permit, a list of all work completed pursuant to the permit, including the nature and quantity of material disposed of and the dates on which the activity occurred.

J. B. WILSON
Environmental Protection
Pacific and Yukon Region

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DEPARTMENT OF FINANCE

CUSTOMS TARIFF

Proposal to Amend De Minimis Provisions and to Implement Transhipment and Minor Processing Provisions under the Canada-Israel Free Trade Agreement

Initiation of Domestic Consultations

The purpose of this notice is to inform interested parties that the Government is seeking views on proposals relating to the Canada-Israel Free Trade Agreement. One proposal would amend the calculation and application of de minimis provisions in Article 3.12(6)(c) of the Canada-Israel Free Trade Agreement (CIFTA). The other proposal would allow goods to be transhipped through, and to undergo specified minor processing operations in, the United States, without losing their eligibility for preferential tariff treatment under CIFTA. The proposals, which are set out in the Schedule below, have been developed jointly by the Governments of Canada and Israel.

The purpose of this notice is to seek further advice from industry and from other interested parties on these proposed amendments. Upon completion of these domestic consultations, the Governments of Canada and Israel will review the public comments to determine whether the proposals will be implemented as changes to the rules of origin in the CIFTA.

Background

The CIFTA rules of origin are used to determine when a good is eligible for CIFTA tariff preferences. These rules specify that goods originate in the CIFTA territory if they are wholly produced in Canada or Israel, using inputs wholly produced in either of these countries. However, goods containing non-CIFTA materials can be considered to be of CIFTA origin if the non-regional materials are sufficiently transformed in the CIFTA region so as to undergo a specified change in tariff classification.

The CIFTA De Minimis Rule for Originating Goods stipulates that certain goods shall be considered to originate in a CIFTA country even if some non-originating materials used in the production of the good do not undergo the required change in tariff classification, so long as the value of such non-originating materials is no more than ten per cent of the value of the good. Article 3.12(6)(c) of CIFTA sets out the requirements for calculating the value of such non-originating materials for the purpose of this rule, which currently include all costs incurred in transporting the material to the location of the producer. Under the proposed amendment to Article 3.12(6)(c), the value of non-originating goods is based on all costs incurred in transporting the material to the point of importation. The change will liberalize the De Minimis Rule, particularly for Canadian producers, as costs incurred between the point of importation and the location of the producers will no longer be included in the value of non-originating materials.

When CIFTA came into force on January 1, 1997, Canada and Israel agreed, pursuant to Article 5.12(4) of the Agreement, that the transhipment and minor processing provisions in Article 3.5(1)(c) would come into force only when procedural measures were established and agreement was reached on verification methods. The Government consulted widely with Canadian industry associations and individual companies during the negotiations of CIFTA.

After CIFTA came into force, the Government continued consultations with the textile and apparel industries which had expressed concern during the negotiations about including certain operations relating to textile products in the definition of "minor processing" and were uncertain that verification procedures would prevent non-qualifying apparel products from being incorrectly imported under the provisions of the CIFTA. As a result of these consultations, it is proposed that certain operations relating specifically to textiles and apparel be removed from the definition of "minor processing" in Article 3.13 and that textiles and apparel of Chapter 50 through 63 of the Customs Tariff be excluded from the transhipment provision of Article 3.5(1)(c). This proposal also introduces an obligation in Article 5.12(9) by Canada and Israel to review the application of Article 3.5(1)(c) by January 1, 2005, with respect to international trade in textiles to account for changed circumstances. In addition, to ensure that certain minor processing operations of particular interest to Israel are clearly provided for, the proposal introduces definitions for "alteration" and "repair" and, in the definition for "minor processing," adds certain relabelling to the provision for packaging.

Finally, the proposal amends Article 3.5(1)(c) to include a new provision to specify the percentage by which the value of an originating good may be increased by any processing that occurs in the United States without the good losing its eligibility for CIFTA tariff preferences. The ten per cent value increase permitted is consistent with CIFTA's de minimis rule.

Officials of the Canadian and Israeli governments have developed these proposals to alleviate industry concerns that have prevented certain articles of the Agreement from becoming operative. It is intended that the proposed amendments would enter into force on March 1, 2002.

The CIFTA is posted in its entirety, including Articles 3.12 and 3.13, which would be amended by the proposal set out in the schedule to this notice, and the inoperative provisions of Article 3.5(1)(c), at http://www.dfait-maeci.gc.ca/tna-nac/cifta-e.asp.

Submissions from Interested Parties

All submissions must be received no later than January 24, 2002.

In developing comments, interested parties should focus on the impact that the proposed provisions set out in the schedule might have on products of interest to them.

Address for Submissions

Submissions must be received at the following address by January 24, 2002: Robert Hunter, International Trade Policy Division, Department of Finance, East Tower, 14th Floor, 140 O'Connor Street, Ottawa, Ontario K1A 0G5.

SCHEDULE

Proposed Amendments to Canada-Israel Free Trade Agreement Provisions for Transhipment, De Minimis and Minor Processing

Article 3.5: Direct Shipment and Transhipment

Paragraph 1 — Delete subparagraph (c) and replace with the following:

(c) subject to Article 5.12(4) and except for a good listed in Chapter 50 through 63, the good is transhipped through the territory of a non-Party with which each Party has entered separately into a free trade agreement under Article XXIV of the GATT 1994 before this Agreement enters into force and:

Article 3.12: De Minimis Calculation and Application

Paragraph 6 — Delete subparagraph (c) and replace with the following:

(c) where not included under subparagraph (a) or (b), include freight, insurance, packing and all other costs incurred in transporting the material to the point of importation.

Article 3.13: Definitions

Add, after the definition for adjusted to an F.O.B. basis, the following definition:

alteration means a modification, other than a repair, that does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good;

In the definition of minor processing, delete subparagraph (f) and replace with the following:

(f) packaging or repackaging of the good for retail sale or relabelling of the good in one or more official languages of a Party, or

In the definition of minor processing, delete subparagraphs (h) and (i).

Add, after the definition for production, the following definition:

repair means the adjustment of a machine, instrument, electrical device or other article, including replacing or refitting parts to restore the article to its original operating condition;

Article 5.12: Working Group on Rules of Origin and Other Customs-Related Market Access Issues

Paragraph 4 — Delete subparagraphs (a), (b) and (c) and replace with the following:

the agreement by the Parties on the method of verification by a customs administration that a good has undergone no further production other than minor processing in the territory of a non-Party referred to in Article 3.5(1)(c) or that any processing that occurs in the territory of that non-Party with respect to that good does not increase the transaction value of the good by greater than ten per cent, based on the principles of Article 5.6;

the establishment by the Parties of a Declaration of Minor Processing for the purpose of certifying that the good has undergone no further production other than minor processing in the territory of a non-Party referred to in Article 3.5(1)(c) or that any processing that occurs in the territory of that non-Party with respect to that good does not increase the transaction value of the good by greater than ten per cent; and

the establishment by the Parties of an obligation regarding the completion of the Declaration of Minor Processing and the obligations regarding importations, exportations and record-keeping with regard to a good that undergoes minor processing or any processing that does not increase the transaction value of the good by greater than ten per cent, as referred to in Article 3.5(1)(c), based on the principles set out in Articles 5.1 to 5.5.

Add, immediately after paragraph 8, the following:

9. The Parties will, no later than January 1, 2005, review the application of Article 3.5(1)(c) to take into account changed circumstances, such as technological advances or changes in market conditions with respect to international trade in textiles.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and Position	Order in Council
Auditor General of Canada	2001-2054
VIA Rail Canada Inc.
Special Examiner
Bourget, Yvon	2001-2050
The Federal Bridge Corporation Limited
Director of the Board of Directors
Brott, Ardyth Webster	2001-2055
National Gallery of Canada
Trustee of the Board of Trustees
Canada Pension Plan
Review Tribunal
Members
Lacroix, Claude François — Sudbury	2001-2070
Noonan, Richard Brian — Penticton	2001-2069
Canada Post Corporation
Directors of the Board of Directors
Lemke, Terri M.	2001-2061
Lemoine, Michel	2001-2060
Smith, Anne	2001-2062
Employment Insurance Act
Chairpersons of the Boards of Referees
Ontario
Bendena, Anne — Toronto Appeals Centre	2001-2068
Quebec
Deraps, Octave — Sept-Îles	2001-2067
Ruel, Philippe — Charny-Saint-Romuald	2001-2066
Ford, Brian J.	2001-2044
Canada Elections Act
Returning Officer — Nepean—Carleton
Gourdeau, David	2001-2063
Federal Judicial Affairs
Commissioner
Great Lakes Pilotage Authority
Members
Gethings, Jenny	2001-2051
Lantz, Ivan A.	2001-2052
Green, The Hon. J. Derek	2001-2086
Government of Newfoundland
Administrator
November 15, 2001
Immigration and Refugee Board
Full-time Members
Alidina, Shams	2001-2048
Cunningham, Joan	2001-2049
Freeman, Kathleen	2001-2049
Kemsley, Thomas H.	2001-2045
Lloyd, Christine	2001-2076
Mutuma, Chimbo Poe	2001-2047
Pinkney, Thomas (Tom) S.	2001-2046
Kanatewat, Robert	2001-2065
Cree-Naskapi Commission
Member
Keyserlingk, Edward W.	2001-2058
Public Service Integrity Officer
Richardson, Miles	2001-2064
British Columbia Treaty Commission
Chief Commissioner
Rochon, Marc	2001-2059
Canada Lands Company Limited
Chairman of the Board of Directors
Superior Court for the District of Montreal in the Province of Quebec
Puisnes Judges
De Wever, Marc	2001-2071
Delorme, Michel	2001-2072
Hallée, Carole	2001-2073
Supreme Court of Nova Scotia
Judges
Nova Scotia Court of Appeal
Judges ex officio
McDougall, Glen G., Q.C.	2001-2074
Smith, Deborah K.	2001-2075
Swift, Michael	2001-2056
Canadian Cultural Property Export Review Board
Member
Wright, Richard	2001-2053
Ridley Terminals Inc.
Director of the Board of Directors

November 16, 2001

JACQUELINE GRAVELLE
Manager

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-022-01

Notice is hereby given that Industry Canada is amending Radio Standards Specification 210 (RSS-210) which sets out minimum requirements for the certification of low power licence-exempt radio transmitters and receivers. The amended version is:

Radio Standards Specification 210 (RSS-210), Issue 5 (Provisional), Low Power Licence-Exempt Radiocommunication Devices (All Frequency Bands).

This new issue sets out new technical requirements for vehicular radars and equipment constructed in modular form. Also, it includes modified requirements for family radio services (FRS) equipment, as well as expanded technical limits for point-to-point systems in the 2.4 GHz and 5 GHz bands. A list of the main changes is provided in the preface of the document.

These amendments have been coordinated with the Radio Advisory Board of Canada (RABC).

The Radio Equipment Technical Standards Lists, available on the Industry Canada Internet site, will be amended to reflect the above changes.

Interested parties may submit comments on this new issue of RSS-210 to the Director General, Spectrum Engineering, 300 Slater Street, Ottawa, Canada K1A 0C8, within 90 days of the date of publication of this notice. All representations must cite the Canada Gazette, Part I, publication date, and the notice reference number. Comments should preferably be submitted in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to facilitate posting on the Department's Web site. Documents submitted should be sent with a note specifying the software, version number and operating system used.

Comments received will be taken into account in the development of the next issue of RSS-210. Shortly after the close of the comment period, comments received, if any, will be posted on Industry Canada's Web site:

http://strategis.gc.ca/spectrum (English version)

http://strategis.gc.ca/spectre (French version)

Any inquiries on this notice should be directed to the Manager, Radio Equipment Standards, (613) 990-4699 (Telephone), (613) 990-3158 (Facsimile), res.nmr@ic.gc.ca (Electronic mail).

Note that the above RSS and the Radio Equipment Technical Standards Lists are also available in English and French on the same Web site.

Hard copies of the documents are available, for a fee, from: Tyrell Press Ltd., 2714 Fenton Road, Gloucester, Ontario K1T 3T7, 1-800-267-4862 (Canada toll-free telephone), 1-800-574-0137 (United States toll-free telephone), (613) 822-0740 (Worldwide telephone), (613) 822-1089 (Facsimile); and DLS, St-Joseph Print Group Inc., 45 Sacré-Cœur Boulevard, Hull, Quebec K1A 0S7, 1-888-562-5561 (Canada toll-free telephone), 1-800-565-7757 (Canada toll-free facsimile), (819) 779-4335 (Worldwide telephone), (819) 779-2833 (Worldwide facsimile).

November 16, 2001

R. W. MCCAUGHERN
Director General
Spectrum Engineering

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DEPARTMENT OF THE SOLICITOR GENERAL

CRIMINAL CODE

Designation as Fingerprint Examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following person as Fingerprint Examiner:

Michael W. Yeager

of the Victoria Police Department

Ottawa, November 2, 2001

NICOLE JAUVIN
Deputy Solicitor General of Canada

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BANK OF CANADA

Balance Sheet as at November 7, 2001

ASSETS	total
1. Gold coin and bullion
2. Deposits in foreign currencies:
(a) U.S. Dollars $	324,350,710
(b) Other currencies	6,933,845
Total $	331,284,555
3. Advances to:
(a) Government of Canada
(b) Provincial Governments
(c) Members of the Canadian Payments Association	158,402,676
Total	158,402,676
4. Investments
(At amortized values):
(a) Treasury Bills of Canada	12,115,004,032
(b) Other securities issued or guaranteed by Canada maturing within three years	9,169,679,140
(c) Other securities issued or guaranteed by Canada not maturing within three years	16,629,085,566
(d) Securities issued or guaranteed by a province of Canada
(e) Other Bills
(f) Other investments	2,633,197
Total	37,916,401,935
5. Bank premises	147,611,143
6. All other assets	638,419,678
Total $	39,192,119,987
LIABILITIES
1. Capital paid up $	5,000,000
2. Rest fund	25,000,000
3. Notes in circulation	36,299,734,300
4. Deposits:
(a) Government of Canada $	1,925,882,867
(b) Provincial Governments
(c) Banks	145,818,643
(d) Other members of the Canadian Payments Association	62,556,103
(e) Other	249,896,903
Total	2,384,154,516
5. Liabilities in foreign currencies:
(a) To Government of Canada	156,600,400
(b) To others
Total	156,600,400
6. All other liabilities	321,630,771
Total $	39,192,119,987

NOTES	total
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	$3,445,667,531
(b) Securities maturing in over 5 years but not over 10 years	8,934,721,098
(c) Securities maturing in over 10 years	4,248,696,937
	$16,629,085,566
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.

W. D. SINCLAIR
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.

DAVID A. DODGE
Governor 

Ottawa, November 8, 2001

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BANK OF CANADA

Balance Sheet as at November 14, 2001

ASSETS	total
1. Gold coin and bullion
2. Deposits in foreign currencies:
(a) U.S. Dollars $	321,971,819
(b) Other currencies	6,642,203
Total $	328,614,022
3. Advances to:
(a) Government of Canada
(b) Provincial Governments
(c) Members of the Canadian Payments Association	414,915,371
Total	414,915,371
4. Investments
(At amortized values):
(a) Treasury Bills of Canada	12,257,046,930
(b) Other securities issued or guaranteed by Canada maturing within three years	9,169,807,267
(c) Other securities issued or guaranteed by Canada not maturing within three years	16,628,877,728
(d) Securities issued or guaranteed by a province of Canada
(e) Other Bills
(f) Other investments	2,633,197
Total	38,058,365,122
5. Bank premises	148,034,066
6. All other assets	670,173,122
Total $	39,620,101,703
LIABILITIES
1. Capital paid up $	5,000,000
2. Rest fund	25,000,000
3. Notes in circulation	36,463,374,660
4. Deposits:
(a) Government of Canada $	1,894,709,678
(b) Provincial Governments
(c) Banks	449,013,757
(d) Other members of the Canadian Payments Association	13,843,240
(e) Other	258,982,633
Total	2,616,549,308
5. Liabilities in foreign currencies:
(a) To Government of Canada	154,679,880
(b) To others
Total	154,679,880
6. All other liabilities	355,497,855
Total $	39,620,101,703

NOTES	total
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	$3,445,668,739
(b) Securities maturing in over 5 years but not over 10 years	8,934,597,984
(c) Securities maturing in over 10 years	4,248,611,005
	$16,628,877,728
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.

W. D. SINCLAIR
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.

DAVID A. DODGE
Governor 

Ottawa, November 15, 2001

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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).