Vol. 143, No. 16 — April 18, 2009

ARCHIVED — GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2009-66-01-01 Amending the Non-domestic Substances List

The Minister of the Environment, pursuant to subsection 66(2) of the Canadian Environmental Protection Act, 1999 (see footnote a), hereby makes the annexed Order 2009-66-01-01 Amending the Non-domestic Substances List.

Ottawa, April 3, 2009

JIM PRENTICE
Minister of the Environment

ORDER 2009-66-01-01 AMENDING THE
NON-DOMESTIC SUBSTANCES LIST

AMENDMENTS

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

tariff number	tariff number	tariff number	tariff number	tariff number
1565-76-0	86168-95-8	780763-38-4	881692-01-9	921202-04-2
2305-32-0	87140-07-6	780763-40-8	882073-43-0	925460-60-2
2855-27-8	90295-08-2	783324-44-7	884302-52-7	929218-79-1
5395-01-7	110528-94-4	783324-46-9	888744-18-1	930606-98-7
6627-55-0	112592-62-8	847401-97-2	890833-33-7	942422-02-8
7226-23-5	153965-54-9	851667-42-0	908015-32-7	947245-65-0
20942-99-8	163581-61-1	851768-51-9	910038-00-5	947330-18-9
25249-16-5	221634-49-7	852700-89-1	912351-14-5	948885-53-8
35077-00-0	345269-15-0	861719-33-7	912351-30-5	950595-49-0
61551-69-7	371146-04-2	866488-31-5	913261-44-6	957932-54-6
68889-19-0	503174-86-5	869861-16-5	917378-33-7
80546-37-8	709014-29-9	871582-63-7	920265-79-8

2. Part II of the List is amended by adding the following in numerical order:

tariff number	description
17906-5	Formaldehyde, reaction products with alkylamine and 2-methylpyridine, hydrochlorides
	Formaldéhyde produits de réaction avec une alkylamine et la 2-méthylpyridine, chlorhydrates
17965-1	Carboxylic acid, (hydroxy-substituted-diaromatic-polyaromatic cyclic ether)-, disodium salt
	Acide carboxylique, (hydroxy-substitué-diaromatique-polyaromatique éther cyclique), sel de disodium
17973-0	Fatty acids, lithium salts
	Acides gras, sels de lithium
17994-3	Cycloaryl, 3-carboxy-5'-[(2-carboxy-4-sulfophenyl)azo]-1',2'-dihydro-6'-hydroxy-4'-methyl-2'-oxo-, inner salt, lithium sodium salt
	Cycloaryle, 3-carboxy-5'-[(2-carboxy-4-sulfophényl)azo]-1',2'-dihydro-6'-hydroxy-4'-méthyl-2'-oxo-, sel interne, sel de lithium et de sodium
17995-4	Cycloaryl, 3-carboxy-5'-[(2-carboxy-4-sulfophenyl)azo]-1',2'-dihydro-6'-hydroxy-4'-methyl-2'-oxo, inner salt, sodium salt
	Cycloaryle, 3-carboxy-5'-[(2-carboxy-4-sulfophényl)azo]-1',2'-dihydro-6'-hydroxy-4'-méthyl-2'-oxo, sel interne, sel de sodium
17996-5	Benzoic acid, 2-[[8-[(1,4-dihydro-6-aminesubstituted-4-oxo-1,3,5-triazin-2-yl)amino]-1-hydroxy-3,6-disulfo-2-naphthalenyl]azo]-, lithium sodium salt
	Acide 2-({8-[(1,4-dihydro-6-aminesubstitué-4-oxo-1,3,5-triazin-2-yl)amino]-1-hydroxy-3,6-disulfo-2-naphtyl}azo]benzoïque, sel de lithium et de sodium
18001-1	Heteropolycycle alkyl ether sulfate salt
	Sel de sulfate d’éther alkylique hétéropolycyclique
18015-6	Phenol, 4,4'-(1-methylethylidene)bis-, polymer with (chloromethyl)oxirane, reaction products with 1,3-benzenedimethanamine and glycidyl aryl ether
	4,4'-(1-Méthyléthylidène)bis(phénol), polymérisé avec le (chlorométhyl)oxirane, produits de réaction avec la benzène-1,3-diméthanamine et un éther glycidylique et arylique

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

[16-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed notice regarding pollution prevention planning in respect of mercury releases from dental amalgam waste

The Minister of the Environment proposes to publish the annexed Notice under section 56 of the Canadian Environmental Protection Act, 1999. This Proposed Notice will initiate a 60-day comment period. Following the comment period and after review of the comments received, the Minister intends to publish a Final Notice requiring the preparation and implementation of pollution prevention plans in the Canada Gazette, Part I.

The Final Notice will require the preparation and implementation of a pollution prevention plan in respect of mercury releases from dental amalgam waste. Mercury is a substance specified on the List of Toxic Substances in Schedule 1 of the Act.

More information on pollution prevention planning can be found in the Guidelines for the Implementation of the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999. These guidelines and other information related to pollution prevention and pollution prevention planning can be found at www.ec.gc.ca/nopp.

RANDALL MEADES
Director General
Public and Resources Sectors
On behalf of the Minister of the Environment

Substance found on Schedule 1 of the Canadian Environmental Protection Act, 1999 to be included in the Notice:

Mercury (CAS RN 7439-97-6)

1. Definitions

The definitions in this section apply to this Notice.

“Act” means the Canadian Environmental Protection Act, 1999 (CEPA 1999).

“Amalgam separator” means International Organization for Standardization (ISO) certified equipment with a 95% capture rate designed to remove waste amalgam contained in dental facility rinse or wastewater from chair-side water collection and other discharge systems.

“Best management practices” are actions, methods or procedures to help prevent or reduce to the lowest achievable levels the releases of mercury from dental amalgam waste into the environment. These practices include, but are not limited to, the actions described in subsection 4(3) of this Notice.

“Dental amalgam” means a silver-coloured dental restorative material containing a combination of approximately equal amounts of elemental mercury and alloy powder, which contains other metals such as silver, tin, copper and zinc.

“Dental facility” means any institution, facility, office, mobile unit or other location where the practice of dentistry is performed.

“Oral and maxillofacial radiology” means a branch and a specialty of dentistry concerned with the prescription, production and interpretation of diagnostic images for the diagnosis and management of diseases and disorders of the craniofacial complex.

“Oral and maxillofacial surgery” means a branch and a specialty of dentistry which is concerned with the diagnosis, surgical treatment and adjunctive treatment of disorders, diseases, injuries and defects involving both the functional and aesthetic aspects of the hard and soft tissues of the oral and maxillofacial regions and related structures.

“Oral medicine and pathology” means a branch and a specialty of dentistry concerned with the diagnosis, nature and primarily non-surgical management of oral, maxillofacial and temporomandibular diseases and disorders, including dental management of patients with medical complications. Oral medicine and oral pathology are two applied components of this specialty.

“Orthodontics and dentofacial orthopedics” means a branch and a specialty of dentistry concerned with the supervision, guidance and correction of the growing or mature dentofacial structures and the diagnosis, prevention and treatment of any abnormalities associated with these structures.

“Periodontics” means a branch and a specialty of dentistry concerned with the diagnosis, prevention, and treatment of diseases and conditions of the supporting and surrounding tissues of the teeth or their substitutes and the maintenance of the health, function and aesthetics of these structures and tissues.

“Plan” means a pollution prevention plan.

2. Person or class of persons required to prepare and implement a plan

(1) The Notice applies to any person or class of persons who owns and/or operates a dental facility where, at any time, the following activities are performed by licensed dentists for tooth restoration:

(a) insertion and/or reparation of dental amalgam; or

(b) alteration and/or removal of dental amalgam; or

(c) disposal of dental amalgam; or

(d) use, possession or disposal of elemental mercury.

(2) This Notice applies to any person or class of persons who is the successor or assign of the persons identified in subsection 2(1).

(3) The Notice does not apply to any person or class of persons who

(a) owns or operates a dental facility where the following specialties are exclusively practiced:

(i) Oral and maxillofacial radiology,

(ii) Oral and maxillofacial surgery,

(iii) Oral medicine and pathology,

(iv) Orthodontics and dentofacial orthopedics, and

(v) Periodontics; or

(b) has implemented all of the best management practices set out in the “Memorandum of Understanding Respecting the Implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste” between the Canadian Dental Association and Environment Canada for the voluntary implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste (Appendix A).

3. Activities in relation to which the plan is to be prepared

The Minister requires all persons or class of persons identified in section 2 of the Notice to prepare and implement a plan in relation to the activities set out in subsection 2(1).

4. Factors to consider in preparing the plan

The Minister requires all persons or class of persons identified in section 2 of the Notice to consider the following factors when preparing their plan:

(1) Risk management objective for mercury releases from dental amalgam waste: contribute to a 95% national reduction in mercury releases to the environment from dental amalgam waste, from a base year of 2000. Mercury is a toxic substance on the List of Toxic Substances on Schedule 1 of the Act.

(2) The application at dental facilities of all of the best management practices regarding dental amalgam waste as described in the document “Memorandum of Understanding Respecting the Implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste” between the Canadian Dental Association and Environment Canada for the voluntary implementation of the Canada-wide Standard on Mercury for Dental Amalgam Waste.

(3) The provision of training and educational material by the owner or operator of the dental facility so that all dentists and facility staff practice handling, storage and disposal techniques in accordance with the best management practices as outlined in subsection 4(2) of this Notice.

(4) The use of pollution prevention planning as a means of addressing the release to the environment of toxic substances or other pollutants. In preparing a plan, a person subject to the Notice is to give priority to pollution prevention activities. “Pollution prevention” as defined in section 3 of the Act, means “the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.”

(5) The evaluation, by the Minister, of the effectiveness of the Notice with respect to the risk management objective set out in subsection 4(1) of the Notice. This evaluation will determine whether other measures, including regulations, are needed to further prevent or reduce negative impacts on the environment and human health from mercury releases from dental amalgam waste.

5. Period within which the plan is to be prepared

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than three months from the date of publication of the Notice.

(2) For a person or class of persons becoming subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than three months from becoming subject to the Notice.

6. Period within which the plan is to be implemented

(1) For a person or class of persons subject to the Notice on the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than six months from the date of publication of the Notice.

(2) For a person or class of persons becoming subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than six months of becoming subject to the Notice.

7. Content of plan

A person or class of persons identified in section 2 of the Notice is to determine the appropriate content of that person’s plan; however, the plan must meet all requirements of the Notice. The plan must also contain the information required to file the Declaration of Preparation referred to in section 9 of the Notice and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 10 of the Notice.

8. Requirement to keep plan

Under section 59 of the Act, any person or class of person identified in section 2 of the Notice must keep a copy of the plan at the place in Canada in relation to which the plan is prepared.

9. Declaration of Preparation

Under subsection 58(1) of the Act, any person or class of person identified in section 2 of the Notice must file, within 30 days after the end of the period for the preparation of the plan specified in section 5 or extended under section 13, a written “Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(1) of CEPA 1999)” to the Minister using the form that the Minister provides and that contains the information set out in Schedule 1 of the Notice.

10. Declaration of Implementation

Under subsection 58(2) of the Act, any person or class of persons identified in section 2 of the Notice must file within 30 days after the end of the period within which the plan is to be implemented as specified in section 6 or extended under section 13, a written “Declaration That a Pollution Prevention Plan Has Been Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(2) of CEPA 1999)” to the Minister, using the form that the Minister provides and that contains the information set out in Schedule 5 of the Notice.

11. Filing of amended declarations

Under subsection 58(3) of the Act, where a person or class of persons has filed a Declaration of Preparation or a Declaration of Implementation, referred to in sections 9 and 10 of the Notice, and the Declaration contains information that, at any time after the filing, has become false or misleading, that person or class of persons must file an amended Declaration to the Minister within 30 days after the time that the information became false or misleading, using the appropriate form referred to in section 9 or 10 of the Notice.

12. Use of a plan prepared or implemented for another purpose

Under subsection 57(1) of the Act, a person or class of persons may use a plan prepared or implemented for another purpose to satisfy the requirements of sections 2 to 8 of the Notice. Under subsection 57(2) of the Act, where a person or class of persons uses a plan that does not meet all the requirements of the Notice, the person or class of persons must either amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. Persons or classes of persons using existing plans must still file the Declaration of Preparation referred to in section 9 of the Notice, the Declaration of Implementation referred to in section 10 of the Notice, and any amended Declarations referred to in section 11 of the Notice, where applicable.

13. Extension of time

Under subsection 56(3) of the Act, where the Minister is of the opinion that further time beyond the period referred to in section 5 is needed to prepare the plan, or that further time beyond the period referred to in section 6 is needed to implement the plan, the Minister may extend the period for a person or class of persons who submits a written “Request for Time Extension for Preparation or Implementation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(3) of CEPA 1999).” The written request must use the form that the Minister provides, contain the information set out in Schedule 3 of the Notice, and be made before the expiry of the date referred to in the applicable section 5 or section 6 of the Notice or before the expiry of any extended period.

14. Application for waiver of factors to consider

Under subsection 56(5) of the Act, the Minister may waive the requirement for a person or class of persons to consider a factor specified in section 4 where the Minister is of the opinion that it is neither reasonable nor practicable to consider a factor on the basis of reasons provided by that person or class of persons when submitting a written “Request for Waiver of the Requirement to Consider a Factor or Factors for Preparation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(5) of CEPA 1999).” The written request must use the form that the Minister provides and contain the information set out in Schedule 2 of the Notice. Such a request must be made before the expiry of the period within which the plan is to be prepared as referred to in section 5 of the Notice or before the expiry of any extended period.

15. More information on pollution prevention planning

Additional information and guidance on preparing plans may be obtained from

• the National Office of Pollution Prevention Web site (www.ec.gc.ca/NOPP/P2P/en/P2plan.cfm);
• the Pollution Prevention Planning Web site (www.ec.gc.ca/cepap2);
• the Canadian Pollution Prevention Information Clearinghouse (www.ec.gc.ca/cppic); and
• the CEPA Environmental Registry (www.ec.gc.ca/CEPARegistry/plans/P2).

16. Reference Code: P2HGDA

For administrative purposes, all communication with Environment Canada concerning the Notice should refer to the reference code P2HGDA.

17. Forms

The Notice includes the following documents:

Appendix A: Best Management Practices for Amalgam Waste in Canada, 2002 — Canadian Dental Association — Environment Canada

Schedule 1:  Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(1) of CEPA 1999)

Schedule 2:  Request for Waiver of the Requirement to Consider a Factor or Factors for Preparation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(5) of CEPA 1999)

Schedule 3:  Request for Time Extension for Preparation or Implementation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(3) of CEPA 1999)

Schedule 4:  N/A

Schedule 5:  Declaration That a Pollution Prevention Plan Has Been Implemented in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 58(2) of CEPA 1999)

18. Environment Canada contact information

For questions or comments about the Proposed Notice, please contact

Marie-Hélène Lacasse
Waste Reduction and Management Division
Environment Canada
351 Saint-Joseph Boulevard, 14th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-934-6059
Fax: 819-997-3068
Email: mercury@ec.gc.ca

For more information about pollution prevention planning, please contact

Regulatory Innovation and Management Systems
Environment Canada
351 Saint-Joseph Boulevard, 13th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-994-0186
Fax: 819-953-7970
Email: CEPAP2Plans@ec.gc.ca

APPENDIX A

Best Management Practices for Amalgam Waste in Canada, 2002
Memorandum of Understanding Between the Canadian Dental Association and Environment Canada

Acknowledgments

These best management practices (BMPs) were produced by the Canadian Dental Association and Environment Canada, with thanks and gratitude to the Ontario Dental Association’s Occupational Health and Safety and Environmental Issues Working Group who provided the material that formed the foundation of this document. Their work was performed in conjunction with Environment Canada, the Ontario Ministry of the Environment, the Regional Municipality of Hamilton-Wentworth and the City of Toronto, with information from waste management companies that service the dental community.

Introduction

The best management practices below are intended to clarify the steps that dental offices should be taking to be considered as compliant with the Canada-Wide Standard on Mercury for Dental Amalgam Waste. The aim of these BMPs is to reduce the amount of amalgam waste generated in dental offices (pollution prevention) and to ensure that the waste that is being produced is captured at its source and disposed of appropriately (pollution control).

Disposal and transportation of hazardous waste is regulated under the Canadian Environmental Protection Act, 1999 (CEPA 1999), provincial and territorial laws and regulations, and municipal by-laws. Under the law, dentists are responsible for ensuring that they are in compliance with all laws, regulations and by-laws. Dentists have to be aware that local regulatory obligations may impose requirements that go beyond what is set herein.

Pollution prevention

In order to minimize the amount of amalgam waste requiring disposal, dentists should

• purchase pre-capsulated amalgams to avoid using bulk liquid (elemental) mercury and stock amalgam materials in a good choice of capsule sizes in order to better select the right amount of material for a particular restoration;
• avoid stockpiling excessive amounts of amalgam; and
• stay abreast of advances in restorative materials and provide patients with complete information about the benefits and risks associated with the various restorative materials available.

Pollution control

(A) Elemental mercury

Best management practices

• Store unused elemental mercury in a tightly sealed, break-resistant container.
• Label the container “Hazardous Waste: Elemental Mercury.”
• Contact a provincially or territorially certified hazardous waste carrier for recycling or disposal or your provincial or territorial environment agency.

Other options

• React unused elemental mercury with silver alloy to form amalgam.
• Follow the BMP for the disposal of non-contact amalgam waste.

Don’ts

• Do not transport elemental mercury yourself.
• Do not place elemental mercury in the garbage.
• Do not wash elemental mercury down the drain.

(B) Non-contact amalgam waste

Non-contact amalgam waste is amalgam waste that has never been in a patient’s mouth. It is generally surplus amalgam left after a new restoration has been completed.

Best management practices

• Separate non-contact unused amalgam waste from used amalgam waste.
• Collect non-contact amalgam waste in a break-resistant, airtight container.
• Label the container “Hazardous Waste: Non-contact Amalgam.”
• Once the container is full, contact a certified hazardous waste carrier for recycling or disposal.

Don’ts

• Do not throw amalgam into the garbage.
• Do not wash amalgam particles down the drain.
• Do not transport amalgam yourself.
• Do not give amalgam to a scrap metal dealer who is not certified to transport hazardous waste.
• Do not place non-contact amalgam waste in your sharps container.

(C) Contact amalgam waste

Contact amalgam waste is amalgam that has been in a patient’s mouth. If BMPs for non-contact amalgam waste are followed, it should be the only type of amalgam waste that is evacuated through the high-speed suction or the saliva ejector.

Best management practices

• Install an International Organization for Standardization (ISO) certified amalgam separator (ISO 11143) or equivalent and maintain it according to the manufacturer’s instructions.
• Use disposable traps and filters in your dental units. Using universal precautions (gloves, glasses and mask), remove the chair-side trap from your dental unit and place the entire trap into a break-resistant, airtight container labelled “Hazardous Waste: Contact Amalgam.” Fasten the lid securely onto the container.
• Using universal precautions (gloves, glasses and mask), remove the vacuum pump filter from your dental unit. Fasten the lid securely onto the filter. Label the filter “Hazardous Waste: Contact Amalgam.” Collect filters in secondary container as provided by your supplier (i.e. cardboard box).
• Once traps and filters have accumulated, contact a certified hazardous waste carrier for recycling or disposal.

Other options

• Using universal precautions (gloves, glasses and mask), remove chair-side trap vacuum pump filter from the dental unit.
• Remove all visible amalgam by tapping the trap and filter contents into a container labelled “Hazardous Waste: Contact Amalgam.”
• Close the lid tightly.
• If the trap and filter are visibly clean, throw them into the regular garbage if they are disposable or insert them back into dental unit if reusable.
• If the trap and filter are not visibly clean, they must be treated as hazardous wastes and placed in a contact amalgam container for pick up by a certified hazardous waste carrier.

Don’ts

• Do not place contact and non-contact amalgam in the same container.
• Do not place contact amalgam waste in the same container as bio-medical wastes or sharps.
• Do not rinse traps and filters in the sink.
• Do not throw disposal traps that contain amalgam particles into the garbage.
• Do not wipe traps/filters with paper towel or any other material, as this creates additional contaminated waste.

(D) Amalgam capsules

While it is not likely that all mercury is removed from amalgam capsules, provincial and territorial agencies agree that empty amalgam capsules are considered non-hazardous and can be thrown into the regular garbage.

NOTE: This form is an example only. Please contact the National Office of Pollution Prevention for more information about electronic reporting or the filing of paper forms. Contact information is provided in section 18 of the Notice.

Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented in Respect of Mercury Releases from Dental Amalgam Waste
(Subsection 58(1) of CEPA 1999)

Notice Reference Code: P2HGDA

Please refer to the instruction booklet “Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans” for guidance on how to complete this Declaration.

Is this an amendment to a Declaration previously submitted?

 Yes

 No

If yes, complete Parts 1.0 and 9.0 and any other Parts of this Declaration where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.

1.0   Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: __________________

Facility Name: _____________________________________________________

Street Address of Facility: ____________________________________________

City: __________________

Province/Territory: __________________

Postal Code: __________________

Telephone Number: (with area code) __________________

Email (if available): __________________

If different from street address Mailing Address of Facility: __________________

City: __________________

Province/Territory: __________________

Postal Code: __________________

Facility Technical Contact: ____________________________________

Email (if available): __________________

Telephone Number: (with area code) __________________

Fax Number (if available): (with area code) __________________

2.0   Use of Plans Prepared or Implemented for Another Purpose

Is the pollution prevention plan used to fulfill the obligations of the Notice

• a pollution prevention plan that was previously prepared on a voluntary basis?

 Yes

 No

• a pollution prevention plan that was previously prepared for another government or under another act of Parliament?

 Yes

 No

 If yes, identify the other government requirement(s) or act(s) of Parliament.

3.0   Class of Person

Identify whether the person or class of person subject to the Notice uses mercury for (check one or more)

 dental amalgam insertion and/or reparation (fill out Parts 4.5.1 and 5.3.1)

 dental amalgam alteration and/or removal (fill out Parts 4.5.2 and 5.3.2)

 dental amalgam disposal (fill out Parts 4.5.3 and 5.3.3)

 elemental mercury usage (fill out Parts 4.5.4 and 5.3.4)

 elemental mercury disposal (fill out Parts 4.5.5 and 5.3.5)

4.0   Baseline Information Prior to Implementation of the Pollution Prevention Plan

4.1–4.4 No data are required

4.5 Additional baseline information

Indicate the year you became subject to this Notice (i.e. your baseline year): _______________

4.5.1 Dental amalgam insertion and/or reparation

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage dental amalgam waste from insertion and/or reparation of dental amalgam fillings at your facility:

 None

 Purchase pre-capsulated amalgams

 Stock amalgam materials in an appropriate capsule size

 Continue to stay abreast of advances in restorative materials

 Provide patients with information about the benefits and risk associated with the various restorative materials available

 Other: __________________________________

Non-contact amalgam waste:

 None

 Separate non-contact unused amalgam waste from used  amalgam waste

 Collect non-contact amalgam waste in a break-resistant, airtight container

 Label the container “Hazardous Waste: Non-contact Amalgam – Contains Mercury”

 Contact a certified hazardous waste carrier for recycling or  disposal

 Other: __________________________________

Contact amalgam waste:

 None

 Install an ISO-certified amalgam separator or equivalent

 Maintain the ISO-certified amalgam separator or equivalent  according to the manufacturer’s instructions

 Connect the ISO-certified amalgam separator to chair-side  water collection units, and all drains and sinks

 Flush the vacuum system with disinfecting line solution that  does not contain bleach or chlorine

 Use disposable traps and filters in dental units

 Place the removed chair-side trap from dental unit into a break-resistant, airtight container labelled “Hazardous Waste: Contact Amalgam – Contains Mercury”

 Place the removed vacuum pump filter from dental unit, fasten  lid onto the filter, label it and collect filter in secondary container as provided by the supplier

 Other: __________________________________

4.5.2 Dental amalgam alteration and/or removal

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage dental amalgam waste from alteration and/or removal of dental amalgam fillings at your facility:

 None

 Place extracted teeth with amalgam restorations in a container  labelled according to specifications of your certified waste carrier

 Other: __________________________________

4.5.3 Dental amalgam disposal

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage the disposal of dental amalgam waste at your facility:

 None

 Use a certified hazardous waste carrier to send contact  amalgam waste and extracted teeth for recycling or disposal

 Use a certified hazardous waste carrier to send non-contact  amalgam waste for recycling or disposal

 Other: __________________________________

4.5.4 Elemental mercury usage

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage the usage of elemental mercury at your facility:

 None

 React unused elemental mercury with silver alloy to form  amalgam

 Label the container “Hazardous Waste: Elemental Mercury”

 Store unused elemental mercury in a sealed, break-resistant  container

 Other: __________________________________

4.5.5 Elemental mercury disposal

Check the actions you were already taking in the year you became subject to the Notice (i.e. your baseline year) to manage the disposal of elemental mercury at your facility:

 None

 Use a certified hazardous waste carrier to send elemental  mercury waste for disposal or recycling

 Other: __________________________________

5.0   Anticipated Actions and Results

5.1.1 No data are required for Part 5.1.1 of this Declaration

5.1.2 Type of pollution prevention method(s):

For a detailed description of pollution prevention methods, please refer to the Pollution Prevention Planning Handbook (www.ec.gc.ca/NOPP/DOCS/P2P/Hbook/En/How.cfm).

 Material or feedstock substitution

 Product design or reformulation

 Equipment or process modifications

 Spill and leak prevention

 On-site reuse, recycling or recovery

 Inventory management or purchasing techniques

 Good operating practices or training

 Other: __________________________________

5.1.3–5.2 No data are required for Parts 5.1.3 to 5.2 of this Declaration

5.3 Detailed anticipated actions and results information

5.3.1 Dental amalgam insertion and/or reparation

Identify the actions you plan to implement based on your pollution prevention plan to manage dental amalgam waste from insertion and/or reparation of dental amalgam fillings at your facility:

 Purchase pre-capsulated amalgams

 Stock amalgam materials in an appropriate capsule size

 Continue to stay abreast of advances in restorative materials

 Provide patients with information about the benefits and risks  associated with the various restorative materials available

 Other: __________________________________

Non-contact amalgam waste:

 Separate non-contact unused amalgam waste from used  amalgam waste

 Collect non-contact amalgam waste in a break-resistant, airtight container

 Label the container “Hazardous Waste: Non-contact Amalgam – Contains Mercury”

 Contact a certified hazardous waste carrier for recycling or  disposal

 Other: __________________________________

Contact amalgam waste:

 Install an ISO-certified amalgam separator or equivalent

 Maintain the ISO-certified amalgam separator or equivalent  according to the manufacturer’s instructions

 Connect the ISO-certified amalgam separator to chair-side  water collection units, and all drains and sinks

 Flush the vacuum system with disinfecting line solution that does not contain bleach or chlorine

 Use disposable traps and filters in dental units

 Place the removed chair-side trap from dental unit into a break- resistant, airtight container labelled “Hazardous Waste: Contact Amalgam – Contains Mercury”

 Place the removed vacuum pump filter from dental unit, fasten lid onto the filter, label it and collect filter in secondary container as provided by the supplier

 Use a certified hazardous waste carrier to send waste traps and filters for recycling or disposal

 Other: __________________________________

5.3.2 Dental amalgam alteration and/or removal

Identify the actions you plan to implement based on your pollution prevention plan to manage dental amalgam waste from alteration and/or removal of dental amalgam fillings at your facility:

 Place extracted teeth with amalgam restorations in a container  labelled according to specifications of your certified waste carrier

 Other: __________________________________

5.3.3 Dental amalgam disposal

Identify the actions you plan to implement based on your pollution prevention plan to manage the disposal of dental amalgam waste at your facility:

 Use a certified hazardous waste carrier to send contact  amalgam and extracted teeth waste for recycling or disposal

 Use a certified hazardous waste carrier to send non-contact  amalgam waste for recycling or disposal

 Other: __________________________________

5.3.4 Elemental mercury usage

Identify the actions you plan to implement based on your pollution prevention plan to manage the usage of elemental mercury at your facility:

 React unused elemental mercury with silver alloy to form  amalgam

 Label the container “Hazardous Waste: Elemental Mercury”

 Store unused elemental mercury in a sealed, break-resistant  container

 Other: __________________________________

5.3.5 Elemental mercury disposal

Identify the actions you plan to implement based on your pollution prevention plan to manage the disposal of elemental mercury at your facility:

 Use a certified hazardous waste carrier to send elemental  mercury waste for disposal or recycling

 Other: __________________________________

6.0   Monitoring and Reporting

Describe the anticipated monitoring and reporting that will be used by you to track progress in implementing the pollution prevention plan.

7.0   Risk Management Objective

Describe how the pollution prevention plan outlined meets the risk management objectives identified in subsection 4(1) of the Notice. If this plan does not meet the risk management objectives, explain why.

8.0   Factors to Consider

Describe what was done by the person or class of persons subject to the Notice to take into account the “factors to be considered” in subsections 4(1), 4(2), 4(3), 4(4), 4(5) and 4(6) of the Notice, except those factors for which a waiver has been granted by the Minister of the Environment.

9.0   Certification

I hereby certify that a pollution prevention plan has been prepared and is being implemented in respect of mercury releases from dental amalgam waste and that the information provided in this Declaration is true, accurate and complete.

________________________________________

Signature of the Person(s) Subject to the Notice or
Duly Authorized Representative

________________________________________

Date

Name: ___________________________________________________

Please Print

Title/Position: _____________________________________________

Please Print

NOTE: This form is an example only. Please contact the National Office of Pollution Prevention for more information about electronic reporting or the filing of paper forms.

Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors for Preparation of a Pollution Prevention Plan in Respect of Mercury Releases from Dental Amalgam Waste (Subsection 56(5) of CEPA 1999)

Notice Reference Code: P2HGDA

Please refer to the instruction booklet “Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans” for guidance on how to complete this Request.

1.0   Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: ______________________

Facility Name: _________________________________________________________

Street Address of Facility: ____________________________________________

City: ______________________

Province/Territory: ______________________

Postal Code: ______________________

Telephone Number: (with area code) ______________________

Email (if available): ______________________

If different from street address Mailing Address of Facility: ______________________

City: ______________________

Province/Territory: ______________________

Postal Code: ______________________

Facility Technical Contact: ____________________________________________

Email (if available): ______________________

Telephone Number: (with area code) ______________________

Fax Number (if available): (with area code) ______________________

2.0   Factor(s) for Which a Waiver is Requested

Identify exactly for which factor(s) listed in the Notice a waiver is requested (provide a section number if possible).

3.0   Rationale for Request

Explain why it would not be reasonable or practicable to consider each factor for which a waiver is requested.

Explain how the outcome of the pollution prevention plan will be affected if this “factor to consider” is not taken into account.

4.0   Certification

I hereby certify that the information provided in this Request is true, accurate and complete.

________________________________________

Signature of the Person(s) Subject to the Notice or
Duly Authorized Representative

________________________________________

Date

Name: ________________________________________________

Please Print

Title/Position: ___________________________________________

Please Print

NOTE: This form is an example only. Please contact the National Office of Pollution Prevention for more information about electronic reporting or the filing of paper forms.

Schedule 3: Request for Time Extension for Preparation or
Implementation of a Pollution Prevention Plan in
Respect of Mercury Releases from Dental Amalgam Waste
(Subsection 56(3) of CEPA 1999)

Notice Reference Code: P2HGDA

Please refer to the instruction booklet “Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans” for guidance on how to complete this Request.

1.0   Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: ______________

Facility Name: _________________________________________________

Street Address of Facility: _______________________________________

City: ______________________

Province/Territory: ___________

Postal Code: _______________

Telephone Number: (with area code) ______________________

Email (if available): (with area code) _______________________

If different than street address Mailing Address of Facility: ______________________

City: ______________________

Province/Territory: ___________

Postal Code: _______________

Facility Technical Contact: __________________________

Email (if available): _______________________________

Telephone Number: (with area code) __________________________

Fax Number (if available): (with area code) ______________________

2.0   Request for Time Extension

Identify for which of the following a time extension is requested (choose one):

 to prepare a pollution prevention plan

 to implement a pollution prevention plan

For the person(s) identified in Part 1.0, it is requested that the date be extended to: _______________________________________________________
(specify exact date — year/month/day)

3.0   Rationale for Request

Explain why further time is necessary to prepare or implement a pollution prevention plan.

4.0 Certification

I hereby certify that the information provided in this Request is true, accurate and complete.

______________________________________

Signature of the Person(s) Subject to the Notice
or Duly Authorized Representative

______________________________________

Date

Name: _________________________________________________________

Please Print

Title/Position: ____________________________________________________

Please Print

NOTE: This form is an example only. Please contact the National Office of Pollution Prevention for more information about electronic reporting or the filing of paper forms.

Schedule 5: Declaration That a Pollution Prevention Plan Has
Been Implemented in Respect of Mercury Releases from
Dental Amalgam Waste (Subsection 58(2) of CEPA 1999)

Notice Reference Code: P2HGDA

Please refer to the instruction booklet “Instructions for Completing the Schedules to Canada Gazette Notices Requiring the Preparation and Implementation of Pollution Prevention Plans” for guidance on how to complete this Declaration.

Is this an amendment to a Declaration previously submitted?

 Yes

  No

If yes, complete Parts 1.0 and 9.0 and any other Parts of this Declaration where previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.

1.0   Information on the Person or Class of Persons Subject to the Notice

Name of Person or Class of Persons Subject to the Notice: ______________

Facility Name: _________________________________________________

Street Address of Facility: ________________________________________

City: ______________________

Province/Territory: ___________

Postal Code: _______________

Telephone Number: (with area code) ______________________

Email (if available): (with area code) _______________________

If different from street address Mailing Address of Facility: ______________________

City: ______________________

Province/Territory: ___________

Postal Code: _______________

Facility Technical Contact: ______________________

Email (if available): ___________________________

Telephone Number: (with area code) __________________________

Fax Number (if available): (with area code) ______________________

2.0   No data are required for Part 2.0 of this Declaration

3.0   Class of Persons

Identify whether the person or class of persons subject to the Notice uses mercury for (check one or more)

 dental amalgam insertion and/or reparation (fill out Part 5.3.1)

 dental amalgam alteration and/or removal (fill out Part 5.3.2)

 dental amalgam disposal (fill out Part 5.3.3)

 elemental mercury usage (fill out Part 5.3.4)

 elemental mercury disposal (fill out Part 5.3.5)

4.0   No data are required for Part 4.0 of this Declaration

5.0   Action(s) Taken and Results Achieved

5.1.1  No data are required for Part 5.1.1 of this Declaration

5.1.2  Type of pollution prevention method(s)

For a detailed description of pollution prevention methods, please refer to the Pollution Prevention Planning Handbook (www.ec.gc.ca/NOPP/DOCS/P2P/hbook/En/how.cfm).

 Material or feedstock substitution

 Product design or reformulation

 Equipment or process modifications

 Spill and leak prevention

 On-site reuse, recycling or recovery

 Inventory management or purchasing techniques

 Good operating practices or training

Other: __________________________________

5.1.3–5.2  No data are required for Parts 5.1.3 to 5.2 of this Declaration

5.3  Detailed results achieved information

5.3.1  Dental amalgam insertion and/or reparation

Identify the actions you implemented based on your pollution prevention plan to manage dental amalgam waste from insertion and/or reparation of dental amalgam fillings at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

 Purchase pre-capsulated amalgams

 Stock amalgam materials in an appropriate capsule size

 Continue to stay abreast of advances in restorative materials

 Provide patients with information about the benefits and risks associated with the various restorative materials available

 Other: __________________________________

Non-contact amalgam waste:

 Separate non-contact unused amalgam waste from used amalgam waste

 Collect non-contact amalgam waste in a break-resistant, airtight container

 Label the container “Hazardous Waste: Non-contact Amalgam – Contains Mercury”

 Contact a certified hazardous waste carrier for recycling or disposal

 Other: __________________________________

Contact amalgam waste:

 Install an ISO-certified amalgam separator or equivalent

 Maintain the ISO-certified amalgam separator or equivalent according to the manufacturer’s instructions

 Connect the ISO-certified amalgam separator to chair-side water collection units, and all drains and sinks

 Flush the vacuum system with disinfecting line solution that does not contain bleach or chlorine

 Use disposable traps and filters in dental units

 Place the removed chair-side trap from dental unit into a break-resistant, airtight container labelled “Hazardous Waste: Contact Amalgam – Contains Mercury”

 Place the removed vacuum pump filter from dental unit, fasten lid onto the filter, label it and collect filter in secondary container as provided by the supplier

 Use a certified hazardous waste carrier to send waste traps and filters for recycling or disposal

 Other: __________________________________

5.3.2  Dental amalgam alteration and/or removal

Identify the actions you implemented based on your pollution prevention plan to manage dental amalgam waste from alteration and/or removal of dental amalgam fillings at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

 Place extracted teeth with amalgam restorations in a container labelled according to specifications of your certified waste carrier

 Other: __________________________________

5.3.3  Dental amalgam disposal

Identify the actions you implemented based on your pollution prevention plan to manage the disposal of dental amalgam waste at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

 Use a certified hazardous waste carrier to send contact amalgam and extracted teeth waste for recycling or disposal

 Use a certified hazardous waste carrier to send non-contact amalgam waste for recycling or disposal

 Other: __________________________________

5.3.4  Elemental mercury usage

Identify the actions you implemented based on your pollution prevention plan to manage the usage of elemental mercury at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

 React unused elemental mercury with silver alloy to form amalgam

 Label the container “Hazardous Waste: Elemental Mercury”

 Store unused elemental mercury in a sealed, break-resistant container

 Other: __________________________________

5.3.5  Elemental mercury disposal

Identify the actions you implemented based on your pollution prevention plan to manage the disposal of elemental mercury at your facility, starting on the date of the Notice, or the date that you became subject to the Notice:

 Use a certified hazardous waste carrier to send elemental mercury waste for disposal or recycling

 Other: __________________________________

6.0   Monitoring and Reporting

Describe the monitoring and reporting used to track progress in implementing the pollution prevention plan.

7.0   Risk Management Objective

Describe how the pollution prevention plan met the risk management objective identified in subsection 4(1) of the Notice. If this plan did not meet the risk management objective, explain why.

8.0   Factors to Consider

Describe any progress made towards taking into account the “factors to consider” found in section 4 of the Notice, or describe any additional details or changes in how these factors will be taken into account.

9.0   Certification

I hereby certify that a pollution prevention plan has been implemented in respect of mercury releases from dental amalgam waste and that the information provided in this Declaration is true, accurate and complete.

_____________________________________

Signature of the Person(s) Subject to the Notice
or Duly Authorized Representative

_____________________________________

Date

Name: __________________________________________________________

Please Print

Title/Position: ____________________________________________________

Please Print

[16-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15359

Significant New Activity Notice

(Section 85 of the Canadian Environmental
Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance Organic silicone intermediate;

Whereas the substance is not on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic under the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental
Protection Act, 1999)

1. In relation to Organic silicone intermediate, a significant new activity is

(a) the use of the substance as a defoaming agent in wastewater treatment or fermentation or paper manufacturing processes in quantities equal to or greater than 1 000 kilograms per calendar year, where the substance is engineered to contain particles between 1 to 100 nanometres particle size range; or

(b) the use of the substance in quantities greater than 10 kilograms per calendar year, other than for use as a defoaming agent in wastewater treatment or fermentation or paper manufacturing processes, where the substance is engineered to contain particles between 1 to 100 nanometres particle size range.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed new activity, the following information:

(a) a description of the proposed significant new activity in relation to the substance;

(b) measurement of the particle size and particle size distribution of the substance;

(c) for an activity described in paragraph 1(a), the information specified in item 11 of Schedule 6 to the New Substances Notification Regulations (Chemicals and Polymers) for this substance;

(d) for an activity described in paragraph 1(b) in an industrial setting:

(i) the information specified in item 7 of Schedule 4 to those Regulations,

(ii) the information specified in item 8 of Schedule 5 to those Regulations, and

(iii) the information specified in item 11 of Schedule 6 to those Regulations; and

(e) for an activity described in paragraph 1(b), where the substance or products containing the substance could become available to consumers:

(i) the information specified in Schedule 6 to those Regulations, and

(ii) the analytical information to determine the physical dimensions of the test substance for the duration of these tests.

3. The above information will be assessed within 90 days after the day on which it is received by the Minister of the Environment.

EXPLANATORY NOTE

(This explanatory note is not part of the
Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

[16-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 15441

Significant New Activity Notice

(Section 85 of the Canadian Environmental
Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance 2-Propenoic acid, 2-methyl-, methyl ester, polymer with hydrolyzed poly(vinyl acetate) and polyfluorooctyl acrylate;

Whereas the substance is not on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic under the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of that Act, that subsection 81(4) of the same Act applies with respect to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental
Protection Act, 1999)

1. In relation to the substance 2-Propenoic acid, 2-methyl-, methyl ester, polymer with hydrolyzed poly(vinyl acetate) and polyfluorooctyl acrylate, a significant new activity is

(a) the manufacture of the substance in Canada in any quantity; or

(b) the use of the substance in Canada, in any quantity, other than for use as a component of an oil and water repellent or an anti-soiling agent when they are applied to textiles in industrial applications or in an industrial setting.

2. A person who proposes a significant new activity set out in this Notice for this substance shall provide to the Minister of the Environment, at least 90 days prior to the commencement of the proposed significant new activity, the following information:

(a) a description of the proposed significant new activity in relation to the substance;

(b) the information specified in Schedule 9 of the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 5 of Schedule 10 to those Regulations;

(d) for applications involving spraying of the substance by consumers or by professionals in consumers’ homes, the test data and a test report of a 90-day inhalation study, in a rat, of the notified substance;

(e) when the new activity is the manufacture of the substance in Canada, in addition to the information prescribed in paragraphs (a) to (d) and (f), the following information must be provided:

(i) a brief description of the manufacturing process that details precursors of the substance, reaction conditions (e.g. temperature, pressure, catalysts and reaction stoichiometry) and the nature (batch or continuous) and scale of the process,

(ii) a flow diagram of the manufacturing process that includes features such as process tanks, holding tanks and distillation towers, and

(iii) a brief description of the major steps in process operations, the chemical conversions, the points of entry of all feedstock and the points of release of substances; and

(f) any other information or data in respect of this substance in the person’s possession or to which they have access, that is relevant in order to determine whether the substance is toxic or capable of becoming toxic.

3. The above information will be assessed within 90 days after the day on which it is received by the Minister of the Environment.

EXPLANATORY NOTE

(This explanatory note is not part of the
Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 of the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

[16-1-o]

NOTICE OF VACANCIES

COPYRIGHT BOARD OF CANADA

Vice-Chairman and Chief Executive Officer Position (full-time) and Member Positions (part-time)

The Copyright Board of Canada (the Board) is an economic regulatory body that derives its mandate from the Copyright Act. As an independent administrative agency, the Board is empowered to establish, either mandatorily or at the request of an interested party, the royalties to be paid for the use of copyrighted works when the administration of such works is entrusted to a collective society. The Board also has the right to supervise agreements between users and licensing bodies and issues licences when the copyright owner cannot be located.

Vice-Chairman and Chief Executive Officer (full-time)

Salary: $131,200–$154,400

Location: National Capital Region

The Vice-Chairman, as Chief Executive Officer, is responsible for planning, administering, monitoring and evaluating the main activities of the Copyright Board. The Vice-Chairman also participates in hearings, analyzes and weighs evidence and works within a group to render joint decisions that provide for reasonable royalties to be paid to copyright collective societies for the use of works protected by copyright.

The successful candidate must have a degree from a recognized university, preferably in law, economics, social sciences or public administration, or an acceptable combination of relevant education, job-related training and/or equivalent experience. The chosen candidate must possess management experience at the senior executive level in a private or public sector organization, including managing human and financial resources. He/she has experience in the field of economic regulation and is able to interpret and apply legislation. Experience in the operation and conduct of a quasi-judicial tribunal, agency or equivalent would be an asset.

The preferred candidate will understand the mandate and operations of the Copyright Board as well as the responsibilities of leading and managing a quasi-judicial tribunal. Knowledge of the cultural, communication and information technologies industries, their regulatory regimes and their economic environments is required. The ideal candidate must have a strong knowledge of the Copyright Act and other related legislation in addition to knowledge of administrative law, the principles of natural justice and the rules and practices followed by administrative tribunals in Canada.

The qualified candidate will have excellent management and leadership abilities as well as the ability to analyze complex situations in order to develop strategies and make suitable decisions, while anticipating their short- and long-term impact. The ability to analyze all aspects of a case, interpret and apply the relevant criteria with a view to making lawful, fair and equitable decisions as well as the ability to conduct a fair and efficient quasi-judicial hearing is required. In addition to possessing superior communications skills, both written and oral, the candidate will also be able to reconcile divergent stakeholder positions, taking into account associated social and economic regulations.

The ideal candidate will possess sound judgement, tact, discretion, high ethical standards, integrity, and superior interpersonal skills, and be adaptable, flexible and impartial.

The successful candidate must be willing to relocate to the National Capital Region or to a location within a reasonable commuting distance.

Proficiency in both official languages is essential.

Members (part-time)

Per diem: $550–$650

The members’ primary responsibility is to conduct hearings, analyze and weigh evidence, and work within a group to render joint decisions that provide for reasonable royalties to be paid to licensing bodies for the use of works protected by copyright.

The successful candidate must have a degree from a recognized university preferably in law, economics, social sciences or public administration or an acceptable combination of relevant education, job-related training and/or equivalent experience. The chosen candidate must have experience in the field of economic regulation in addition to experience in the interpretation and application of legislation. Experience as a member or as legal counsel of a quasi-judicial tribunal, or experience appearing before a quasi-judicial tribunal, would be an asset.

The preferred candidate will understand the mandate and operations of the Copyright Board and possess knowledge of the cultural, communication and information technologies industries, their regulatory regimes and their economic environments. The ideal candidate will have a strong knowledge of the Copyright Act and other related legislation in addition to knowledge of administrative law, the principles of natural justice and the rules and practices followed by quasi-judicial tribunals in Canada, including the procedures involved in conducting a quasi-judicial hearing.

The qualified candidate will possess the ability to analyse all aspects of a case, interpret and apply the relevant criteria with a view to making lawful, fair and equitable decisions. The ability to reconcile divergent stakeholder positions, taking into account associated social and economic implications as well as the ability to conduct a fair and efficient quasi-judicial hearing are required. He/she will also possess superior communication skills, both written and oral, with the ability to write clear and concise reports, analyses and decisions.

The ideal candidate will possess sound judgement, tact, discretion, high ethical standards, integrity, superior interpersonal skills, and will be adaptable, flexible and impartial.

Proficiency in both official languages is preferred. The qualified candidate must have the ability to understand, during hearings, evidence in English and French and must be willing to travel to Ottawa to conduct hearings and participate in other Board-related work as required.

The government is committed to ensuring that its appointments are representative of Canada’s regions and official languages, as well as of women, Aboriginal peoples, disabled persons and visible minorities.

The preferred candidates must comply with the Ethical Guidelines for Public Office Holders and the Guidelines for the Political Activities of Public Office Holders. The guidelines are available on the Governor in Council Appointments Web site, under “Reference Material” at www.appointments-nominations.gc.ca.

The selected candidates will be subject to the Conflict of Interest Act. Public office holders appointed on a full-time basis must submit to the Office of the Conflict of Interest and Ethics Commissioner, within 60 days of appointment, a Confidential Report in which they disclose all of their assets, liabilities and outside activities. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner’s Web site at http://ciec-ccie.gc.ca.

This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for these positions. It is not, however, intended to be the sole means of recruitment.

Further details about the organization and its activities can be found on its Web site at www.cb-cda.gc.ca.

Interested candidates should forward their curriculum vitae by May 4, 2009, to the Assistant Secretary to the Cabinet (Senior Personnel), Privy Council Office, 59 Sparks Street, 1st Floor, Ottawa, Ontario K1A 0A3, 613-957-5006 (fax), GICA-NGEC@bnet.pco-bcp.gc.ca (email).

Bilingual notices of vacancies will be produced in an alternative format (audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Ontario K1A 0S5, 613-941-5995 or 1-800-635-7943.

[16-1-o]

Footnote a
S.C. 1999, c. 33

Footnote 1
Supplement, Canada Gazette, Part I, January 31, 1998

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).