Vol. 137, No. 34 — August 23, 2003

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. 4543-2-03310 are amended as follows:

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

A. MENTZELOPOULOS
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. 4543-2-03327 is approved.

1. Permittee: Vancouver Pile Driving, North Vancouver, British Columbia.

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

3. Term of Permit: Permit is valid from September 23, 2003, to September 22, 2004.

4. Loading Site(s):

a) Various approved sites on south-east Vancouver Island, at approximately 49°39.00' N, 127°22.00' W;

b) Various approved sites in Victoria Harbour, at approximately 48°25.50' N, 123°23.30' W;

c) Various approved sites in the Fraser River estuary, at approximately 49°12.00' N, 123°08.00' W;

d) Various approved sites in Vancouver Harbour, at approximately 49°18.70' N, 123°08.00' W.

5. Disposal Site(s):

a) Cape Mudge Disposal Site: 49°57.70' N, 125°05.00' W, at a depth of not less than 200 m;

b) Comox (Cape Lazo) Disposal Site: 49°41.70' N, 124°44.80' W, at a depth of not less than 190 m;

c) Five Finger Island Disposal Site: 49°15.20' N, 123°54.60' W, at a depth of not less than 280 m;

d) Haro Strait Disposal Site: 48°41.00' N, 123°16.40' W, at a depth of not less than 200 m;

e) Malaspina Strait Disposal Site: 49°45.00' N, 124°26.95' W, at a depth of not less than 320 m;

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

g) Porlier Pass Disposal Site: 49°00.20' N, 123°29.80' W, at a depth of not less than 200 m;

h) Thormanby Island Disposal Site: 49°27.50' N, 124°22.10' W, at a depth of not less than 384 m;

i) Thornbrough Channel Disposal Site: 49°31.00' N, 123°28.30' W, at a depth of not less than 220 m;

j) Victoria Disposal Site: 48°22.30' N, 123°21.80' W, at a depth of not less than 90 m;

k) Watts Point Disposal Site: 49°28.50' N, 123°14.10' W, at a depth of not less than 230 m.

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

(i) The vessel must call the appropriate Marine Communications and Traffic Services (MCTS) Centre upon departure from the loading site and inform the Centre that it is heading for a disposal site;

(ii) Upon arrival at a disposal site, and prior to disposal, the vessel must again call the appropriate MCTS Centre to confirm its position. Disposal can proceed if the vessel is on the disposal site. If the vessel is not within the disposal site boundaries, the traffic regulator will direct it to the site and advise when disposal can proceed; and

(iii) The vessel will inform the appropriate MCTS Centre when disposal has been completed, prior to leaving the disposal site.

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

7. Method of Loading and Disposal: Loading by clamshell dredge or suction cutter dredge and pipeline, with disposal by hopper barge or end dumping.

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

9. Total Quantity to Be Disposed of: Not to exceed 20 000 m³.

10. Waste and Other Matter to Be Disposed of:

a) Dredged material consisting of silt, sand, rock, wood wastes and other approved material typical to the approved loading site, except logs and usable wood; and

b) Non-reusable concrete pieces and concrete steel piling.

10.1. The Permittee must ensure that every reasonable effort has been made to prevent the deposition of log bundling strand into material approved for loading and disposal at sea and/or remove log bundling strand from material approved for loading and disposal at sea.

11. Requirements and Restrictions:

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:

(i) the co-ordinates of the proposed loading site;

(ii) a site map showing the proposed loading site relative to known landmarks or streets;

(iii) a figure showing the legal water lots impacted by the proposed dredging or loading activities, giving the spatial delineations of the proposed dredge site within these water lots;

(iv) all analytical data available for the proposed loading site;

(v) the nature and quantity of the material to be loaded and disposed of;

(vi) the proposed dates on which the loading and disposal will take place; and

(vii) a site history for the proposed loading site.

Additional requirements may be requested by the permit-issuing office.

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 of the letter of transmittal must be carried on all towing vessels and loading platforms or equipment involved in disposal at sea activities. A copy of the written approval for the appropriate loading site must be displayed with each copy of the permit posted at the loading sites.

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, 2380-555 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 that 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 report to the Regional Director, Environmental Protection Branch, Pacific and Yukon Region, within 10 days of completion of loading at each loading site, the nature and quantity of material disposed of pursuant to the permit, and the dates on which the activity occurred.

11.7. 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, the nature and quantity of material disposed of, and the dates on which the activity occurred.

A. MENTZELOPOULOS
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. 4543-2-06215 are amended as follows:

4. Loading Site(s):

(a) North Lake Channel: 46°28.13' N, 62°04.13' W (NAD83), as described in drawing "Site Plan" (February 12, 2003) submitted in support of the permit application;

(b) Tracadie Harbour Channel: 46°24.51' N, 63°01.68' W (NAD83), as described in drawing "Proposed Dredge and Dredge Disposal Locations, Tracadie, P.E.I." (February 6, 2001) submitted in support of the permit application;

(c) Covehead Channel: 46°25.90' N, 63°08.71' W (NAD83), as described in drawing "Proposed Dredge and Dredge Disposal Locations, Covehead, P.E.I." (February 6, 2001) submitted in support of the permit application;

(d) Darnley Basin: 46°33.57' N, 63°41.18' W (NAD83), as described in drawing "Proposed Dredge and Dredge Disposal Locations, Malpeque Bay, P.E.I." (February 6, 2001) submitted in support of the permit application; and

(e) Hardys Channel: 46°39.18' N, 63°51.73' W (NAD83), as described in "Figure No. 2 Proximity to Facilities and Sensitive Areas" submitted in support of the permit application.

5. Disposal Site(s):

(a) North Lake Channel (Suction Dredge): 46°28.10' N, 62°03.73' W (NAD83), as described in drawing "Site Plan" (February 12, 2003) submitted in support of the permit application;

(b) North Lake Channel (Shoreline): 46°28.13' N, 62°04.13' W (NAD83), as described in Section A5 of the report "Environmental Screening for Ocean Disposal Permit" (February 2003) submitted in support of the permit application;

(c) Tracadie Harbour Channel: 46°24.44' N, 63°01.89' W (NAD83), as described in drawing "Proposed Dredge and Dredge Disposal Locations, Tracadie, P.E.I." (February 6, 2001) submitted in support of the permit application;

(d) Covehead Channel (Scow): 46°26.00' N, 63°07.96' W (NAD83), as described in drawing "Proposed Dredge and Dredge Disposal Locations, Covehead, P.E.I." (February 6, 2001) submitted in support of the permit application;

(e) Covehead Channel (Sidecast): 46°25.87' N, 63°08.71' W (NAD83), as described in drawing "Proposed Dredge and Dredge Disposal Locations, Covehead, P.E.I." (February 6, 2001) submitted in support of the permit application;

(f) Darnley Basin: 46°33.70' N, 63°41.46' W (NAD83), as described in drawing "Proposed Dredge and Dredge Disposal Locations, Malpeque Bay, P.E.I." (February 6, 2001) submitted in support of the permit application; and

(g) Hardys Channel: 46°39.09' N, 63°51.54' W (NAD83), as described in "Figure No. 2 Proximity to Facilities and Sensitive Areas" submitted in support of the permit application.

10. Total Quantity to Be Disposed of:

(a) North Lake Channel: Not to exceed 5 000 m³ place measure;

(b) Tracadie Harbour: Not to exceed 5 000 m³ place measure;

(c) Covehead Channel: Not to exceed 5 000 m³ place measure;

(d) Darnley Basin: Not to exceed 10 000 m³ place measure; and

(e) Hardys Channel: Not to exceed 10 000 m³ place measure.

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 $8,225 shall be submitted to Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-0705 (Facsimile), prior to November 14, 2003.

K. G. HAMILTON
Environmental Protection Branch
Atlantic 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. 4543-2-06254 is approved.

1. Permittee: Harbour Authority of North Lake Harbour, North Lake, Prince Edward Island.

2. Type of Permit: To load and dispose of dredged material.

3. Term of Permit: Permit is valid from September 23, 2003, to September 22, 2004.

4. Loading Site(s): 46°28.13' N, 62°04.13' W (NAD83), as described in Drawing "Site Plan", (July 10, 2003) submitted in support of the permit application.

5. Disposal Site(s): 46°28.10' N, 62°03.73' W (NAD83), as described in Drawing "Site Plan" (July 10, 2003) submitted in support of the permit application.

6. Route to Disposal Site(s): Suction dredge: via pipeline. Land-based heavy equipment: via trucks.

7. Equipment: Suction dredge and land-based heavy equipment.

8. Method of Disposal: Suction dredge: via pipeline. Land-based heavy equipment: end-dumped and levelled.

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

10. Total Quantity to Be Disposed of: Not to exceed 20 000 m³.

11. Material to Be Disposed of: Dredged material.

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, the contractor, the contact for the contractor, and the expected period of dredging.

12.2. The Permittee shall provide the same notification required in Condition 12.1. to Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-0705 (Facsimile), adrian.macdonald@ec.gc.ca (Electronic mail), and to Mr. Leaming Murphy, Area Habitat Coordinator, Department of Fisheries and Oceans, P.O. Box 1236, Charlottetown, Prince Edward Island C1A 7M8, (902) 566-7848 (Facsimile), murphyl@ dfo-mpo.gc.ca (Electronic mail).

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 $4,700 for the fee shall be submitted to Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-0705 (Facsimile), prior to March 24, 2004.

12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each disposal site shall be submitted to Mr. Adrian MacDonald, identified in paragraph 12.2. The procedures shall be approved by the Department of the Environment prior to the commencement of the first dredging operation to be conducted under this permit.

12.5. The Permittee shall prepare an Environmental Protection Plan relating to the dredging and ocean disposal activities authorized by this permit. The plan shall be approved by the Department of the Environment prior to the commencement of the first dredging operation to be conducted under this permit. Modifications to the plan shall be made only with the written approval of the Department of the Environment.

12.6. A written report shall be submitted Mr. Adrian MacDonald, identified in paragraph 12.2., 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.

12.7. 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.

12.8. The loading and disposal of dredged material authorized under this permit is restricted to the following period: September 23, 2003, to December 31, 2003.

12.9. A copy of this permit and documents referenced in this permit shall be available on-site at all times when dredging operations are underway.

12.10. 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.

K. G. HAMILTON
Environmental Protection
Atlantic Region

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2003-66-06-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999, (see footnote a)  the Minister of the Environment has added the substances referred to in the annexed order to the Domestic Substances List;

Therefore, the Minister of the Environment, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999, (see footnote b)  hereby makes the annexed Order 2003-66-06-02 Amending the Non-domestic Substances List.

Ottawa, August 12, 2003

DAVID ANDERSON
Minister of the Environment

ORDER 2003-66-06-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

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

1722-62-9     68607-88-5

COMING INTO FORCE

2. This Order comes into force on the day on which the Order 2003-66-06-01 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF FISHERIES AND OCEANS

CANADA SHIPPING ACT

Statement by the Minister of Fisheries and Oceans Regarding the Bulk Oil Cargo Fees Established by Eastern Canada Response Corporation Ltd.

Whereas, pursuant to subsection 660.4(1) (see footnote 2)  of the Canada Shipping Act (see footnote 3)  (Act), Eastern Canada Response Corporation Ltd. has been designated as a response organization since November, 1995;

Whereas, pursuant to subsection 660.4(3) (see footnote 4)  of the Act, (see footnote 5)  the Minister caused a list of the amended bulk oil cargo fees proposed by Eastern Canada Response Corporation Ltd. to be published in the Canada Gazette, Part I, on February 22, 2003;

Whereas, pursuant to subsection 660.4(4) (see footnote 6)  of the Act, (see footnote 7)  one notice of objection was filed with respect to the amended bulk oil cargo fees proposed by Eastern Canada Response Corporation Ltd.;

Whereas, the Minister has given full and proper consideration to all relevant information before him;

And whereas, the Minister of Fisheries and Oceans, pursuant to subsection 660.4(8) (see footnote 8)  of the Act, (see footnote 9)  approved the annexed fees;

Therefore, the Minister of Fisheries and Oceans, pursuant to subsection 660.4(8) (see footnote 10)  of the Act, (see footnote 11)  hereby causes the annexed fees established by Eastern Canada Response Corporation Ltd. to be published.

ROBERT G. THIBAULT
Minister of Fisheries and Oceans

LIST OF BULK OIL CARGO FEES ESTABLISHED BY EASTERN CANADA RESPONSE CORPORATION LTD.

DEFINITIONS

1. In this List:

"Act" means the Canada Shipping Act. (Loi)

"asphalt" means a derivate of oil that is commercially described as road or paving asphalt or unblended roofers flux, that has a specific gravity equal to or greater than one, that is solid at 15 degrees Celsius and that sinks to the bottom as a solid when immersed in water. (asphalte)

"Atlantic Provinces" means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland including Labrador. (provinces de l'Atlantique)

"BOCF" means bulk oil cargo fee. (droits sur les produits pétroliers en vrac (DPPV))

"designated oil handling facility" means an oil handling facility that is designated pursuant to subsection 660.2(8) of the Act and is located in ECRC's geographic area. (installation de manutention d'hydrocarbures agréée)

"ECRC" means Eastern Canada Response Corporation Ltd., a company formed as a result of the amalgamation of Eastern Canada Response Corporation Ltd., Great Lakes Response Corporation of Canada and Canadian Marine Response Management Corporation, effective January 1, 1999. (SIMEC)

"Great Lakes Region" means the area covered by the Canadian Great Lakes system and connecting channels within the Province of Ontario, including Lake Superior, the St. Marys River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River from Kingston, Ontario, to a line drawn between Butternut Bay (latitude 44°31'12" N and longitude 75°46'54" W) on the Canadian side to Oak Point (latitude 44°30'48" N and longitude 75°45'20" W) on the United States side of the St. Lawrence River, Lake Winnipeg, the Athabasca River from Fort McMurray to Lake Athabasca, and the waters of Lake Athabasca. (région des Grands Lacs)

"Newfoundland Region" means the Province of Newfoundland and Labrador. (région de Terre-Neuve)

"Quebec/Maritime Region" means the area covered by the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the Province of Quebec and that portion of the St. Lawrence River in the Province of Ontario to a line drawn between Butternut Bay (latitude 44°31'12" N and longitude 75°46'54" W) on the Canadian side to Oak Point (latitude 44°30'48" N and longitude 75°45'20" W) on the United States side of the St. Lawrence River and in the Atlantic Provinces, excluding the waters north of the 60th parallel of latitude and the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia, excluding Newfoundland and Labrador. (région des Maritimes/ de Québec)

"ship" means a ship within the meaning of section 660.2(1) of the Act. (navire)

"ship (bulk oil)" means a ship that is constructed or adapted primarily to carry bulk oil in its cargo spaces. (navire (avec produits pétroliers en vrac))

BULK OIL CARGO FEES

2. The bulk oil cargo fees that are payable to ECRC in relation to an arrangement required by paragraphs 660.2(2) and 4(b) of the Act are the bulk oil cargo fees set out in Part 1 of this Schedule.

3. Nothing in this Schedule is intended to modify, replace or amend the registration fees established by, and payable to, ECRC and published in the April 8, 2000 edition of the Canada Gazette, Part I.

4. This part applies to the loading and unloading of oil at oil handling facilities located in each of the following Regions.

Quebec/Maritime Region

5. The total BOCF payable by a designated oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the designated oil handling facility, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part.

6. The total BOCF payable by a ship (bulk oil) shall be determined:

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part.

7. The BOCF applicable in respect of oil other than asphalt is:

(a) an amended fee of twenty-four cents (24.0¢) per tonne, plus all applicable taxes from February 22, 2003, to December 31, 2003; and

(b) an amended fee of thirty-two cents (32.0¢) per tonne, plus all applicable taxes from January 1, 2004.

8. The BOCF applicable in respect of asphalt is:

(a) an amended fee of twelve cents (12.0¢) per tonne, plus all applicable taxes from February 22, 2003, to December 31, 2003; and

(b) an amended fee of sixteen cents (16.0¢) per tonne, plus all applicable taxes from January 1, 2004.

Newfoundland Region

9. The total BOCF payable by a designated oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the designated oil handling facility, by the BOCF per tonne for each type of oil set out in sections 11 and 12 of this part.

10. The total BOCF payable by a ship (bulk oil) shall be determined:

(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 11 and 12 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 11 and 12 of this part.

11. The BOCF applicable in respect of oil other than asphalt is:

(a) an amended fee of five cents (5.0¢) per tonne, plus all applicable taxes from February 22, 2003, to December 31, 2003; and

(b) an amended fee of seven cents (7.0¢) per tonne, plus all applicable taxes from January 1, 2004.

12. The BOCF applicable in respect of asphalt is:

(a) an amended fee of two and five-tenths cents (2.5¢) per tonne, plus all applicable taxes from February 22, 2003, to December 31, 2003; and

(b) an amended fee of three and five-tenths cents (3.5¢) per tonne, plus all applicable taxes from January 1, 2004.

Great Lakes Region

13. The total BOCF payable by a designated oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the designated oil handling facility, by the BOCF per tonne for each type of oil set out in sections 15 and 16 of this part.

14. The total BOCF payable by a ship (bulk oil) shall be determined:

a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 15 and 16 of this part; and

(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 15 and 16 of this part.

15. The BOCF applicable in respect of oil other than asphalt is:

(a) an amended fee of forty-nine and nine-tenths cents (49.9¢) per tonne, plus all applicable taxes from February 22, 2003, to December 31, 2003; and

(b) an amended fee of seventy-four cents (74.0¢) per tonne, plus all applicable taxes from January 1, 2004.

16. The BOCF applicable in respect of asphalt is:

(a) an amended fee of twenty-four and ninety-five hundredths cents (24.95¢) per tonne, plus all applicable taxes from February 22, 2003, to December 31, 2003; and

(b) an amended fee of thirty-seven cents (37.0¢) per tonne, plus all applicable taxes from January 1, 2004.

EXPLANATORY NOTE

The Canada Shipping Act (CSA) was amended in 1993 to enhance the environmental protection of all Canadian waters south of 60° north latitude through the establishment of industry-funded and managed Response Organizations (ROs) capable of mounting an oil spill response to a marine-based incident. The Minister of Fisheries and Oceans is responsible for certifying that ROs meet the required standards to be formally designed as a certified RO. The Canada Coast Guard (CCG), of the Department of Fisheries and Oceans, fulfils this responsibility on behalf of the Minister. CCG also maintains responsibility for ensuring response in Canadian waters north of 60° north latitude.

In accordance with the provisions of the CSA, certain ships and oil handling facilities (OHFs) are required to have an oil spill preparedness arrangement with a certified RO for the provision of response in the event of an oil spill.

Four ROs, each capable of providing response to a 10 000-tonne oil spill within specified geographic areas of response, have been certified by CCG as follows:

— Atlantic Emergency Response Team (ALERT) Inc.

— Eastern Canada Response Corporation (ECRC)

— Point Tupper Marine Services Ltd. (PTMS)

— Western Canada Marine Response Corporation (WCMRC)

The CSA provides for the amendment of fees established by a certified RO at any time during its period of certification.

ECRC's proposal to amend its bulk oil cargo fees was published by CCG, on behalf of the Minister, on February 22, 2003, in the Canada Gazette, Part I. The Minister approved these proposed fees, without amendment, by Order, on August 11, 2003. ECRC established its fees in accordance with the Minister's Order on August 12, 2003. The bulk oil cargo fees which have been established by ECRC are the bulk oil cargo fees that are payable in relation to an arrangement with ECRC.

For information regarding the Minister's Order, please contact: Nora McCleary, Canadian Coast Guard, Safety and Environmental Response Systems, 200 Kent Street, 5th Floor, Ottawa, Ontario K1A 0E6, (613) 990-6718 (Telephone), (613) 996-8902 (Facsimile), mcclearyn@dfo-mpo.gc.ca (Electronic mail).

For more information regarding ECRC and its fees, please contact: Mr. Paul Pouliotte, Chief Financial Officer, Eastern Canada Response Corporation, 275 Slater Street, Suite 1201, Ottawa, Ontario K1P 5H9, (613) 230-7369 (Telephone), (613) 230-7344 (Facsimile), http://www.ecrc.ca (Web site).

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Footnote a 

S.C. 1999, c. 33

Footnote b 

S.C. 1999, c. 33

Footnote 1 

Supplement, Canada Gazette, Part I, January 31, 1998.

Footnote 2 

S.C. 1993, c. 36, s. 6

Footnote 3 

R.S., 1985, c. S-9

Footnote 4 

S.C. 1993, c. 36, s. 6

Footnote 5 

R.S., 1985, c. S-9

Footnote 6 

S.C. 1993, c. 36, s. 6

Footnote 7 

R.S., 1985, c. S-9

Footnote 8 

S.C. 1993, c. 36, s. 6

Footnote 9 

R.S., 1985, c. S-9

Footnote 10 

S.C. 1993, c. 36, s. 6

Footnote 11 

R.S., 1985, c. S-9

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