GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-03489 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Westcoast Cellufibre Division, Howe Sound Pulp & Paper Limited Partnership, Vancouver, British Columbia.

 2. Waste or other matter to be disposed of: Dredged material.

2.1. Nature of waste or other matter: Dredged material consisting of rock, gravel, sand, silt, clay, non-reusable concrete, wood waste, or material typical to the approved loading site, except logs and usable wood. The Permittee shall ensure that every effort is made to prevent the deposition of log bundling strand into waste or other matter approved for loading and disposal at sea and/or remove log bundling strand from waste or other matter approved for loading and disposal at sea.

 3. Duration of permit: Permit is valid from September 14, 2009, to September 13, 2010.

 4. Loading site(s): Westcoast Cellufibre Division, Howe Sound Pulp & Paper Limited Partnership, Vancouver, British Columbia, at approximately 49°12.28′ N, 123°06.37′ W (NAD83).

 5. Disposal site(s): Point Grey Disposal Site, within a one nautical mile radius of 49°15.40′ N, 123°21.90′ W (NAD83).

 6. Method of loading: Loading will be carried out using cutter suction dredge, barge-mounted excavator or clamshell dredge.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via pipeline, hopper scow, towed scow or hopper dredge.

 8. Method of disposal: Disposal will be carried out by pipeline, bottom dumping, end dumping or cutter suction dredge.

 9. Total quantity to be disposed of: Not to exceed 4 000 m³.

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

11. Inspection:

11.1. By accepting this permit, the Permittee and their contractors accept that they are subject to inspection pursuant to Part 10 of the Canadian Environmental Protection Act, 1999.

11.2. The Permittee shall ensure that records of all loading and disposal activities are kept on site for the duration of the permit and are available for inspection for two years following the expiry of the permit by any enforcement officer or analyst.

11.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

12. Contractors:

12.1. The loading or disposal at sea referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

12.2. The Permittee shall ensure that all contractors involved in the loading or disposal activity for which the permit is issued are made aware of the conditions identified in the permit and of possible consequences of any violation of these conditions.

13. Reporting and notification:

13.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, 604-666-9059 (fax) or das.pyr@ec.gc.ca (email).

13.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, 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: a list of all work completed pursuant to the permit, including the names of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s), and the dates on which disposal activities occurred.

MICHAEL WILSON
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

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DEPARTMENT OF FINANCE

CANADA PENSION PLAN

Canada Pension Plan triennial review

Whereas, pursuant to subsection 113.1(1) of the Canada Pension Plan, the Minister of Finance and ministers of the Crown from the included provinces have reviewed the financial state of the Canada Pension Plan for the 2007–2009 review period;

And whereas the Minister of Finance and the ministers of the Crown from the included provinces, in concluding that review, have considered the matters set out in subsection 113.1(4) of the Canada Pension Plan and, at their meeting on May 25, 2009, have concluded that the current schedule of contribution rates is expected to be sufficient to sustain the Canada Pension Plan over the foreseeable future, based on the most recent estimates prepared by the Chief Actuary of the Plan;

Therefore, pursuant to subsection 113.1(5) of the Canada Pension Plan, the Minister of Finance and the ministers of the Crown from the included provinces recommend that no changes be made to contribution rates as set out in the schedule to the Canada Pension Plan.

JAMES M. FLAHERTY
Minister of Finance

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

August 7, 2009

DIANE BÉLANGER
Manager

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMBR-001-09 — New Provisional Broadcasting Procedures and Rules Regarding Digital Television (DTV) Undertakings

Industry Canada is hereby announcing publication of Broadcasting Procedures and Rules, Part 10 (BPR-10), Issue 1, Provisional: Application Procedures and Rules for Digital Television (DTV) Undertakings.

Background

On June 1, 2000, the Department published Broadcast Procedures and Rules, Part 7, Issue 1, to specify the application and operational requirements for DTV undertakings during the transition period from analog TV (National Television Systems Committee [NTSC]) to digital TV. On May 21, 2005, the Department published the DTV Transition Allotment Plan, Issue 3, to provide a digital TV allotment to all Canadian analog TV (NTSC) broadcasters. This allowed them to transmit simultaneously in digital during the analog to digital transition period. On December 20, 2008, the Department published Canada Gazette notice SMBR-006-08 to announce the publication of the DTV Post-Transition Allotment Plan. The post-transition allotment plan provides a digital TV allotment to all existing analog TV stations in Canada to be used in post-transition and offers additional allotments for future growth in broadcasting.

Broadcast Procedures and Rules, Part 10

BPR-10, Issue 1, Provisional, establishes the Department’s application procedures and operational requirements for DTV undertakings during the transition and post-transition DTV periods, as well as compatibility requirements with respect to analog TV operations. These requirements are based on criteria developed in government/industry discussions and include the recommendations of the Ad Hoc Group on DTV Planning Parameters. BPR-10 supersedes the existing Broadcasting Procedures and Rules, Part 7, Issue 3, dated January 2009.

As of the date of publication of this notice, all technical submissions for DTV undertakings must include an engineering brief prepared according to the requirements in BPR-10, Issue 1. Although a technical acceptance certificate (TAC) is not required in respect of DTV transmitters, digital television transmitting equipment must conform to the relevant technical requirements outlined in BPR-10.

Interested parties should submit comments on BPR-10, Issue 1, Provisional, within 60 days of the date of publication of this notice. Respondents are requested to provide their comments in electronic format (XHTML, WordPerfect, Microsoft Word or Adobe PDF) to the Manager, Broadcast and Multimedia-Terrestrial, along with a note specifying the software, version number and operating system used.

All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (SMBR-001-09).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

August 1, 2009

MARC DUPUIS
Director General
Spectrum Engineering Branch

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DEPARTMENT OF INDUSTRY

TRADE-MARKS ACT

Geographical indications

The Minister of Industry proposes that the following geographical indications be entered on the list of geographical indications kept pursuant to subsection 11.12(1) of the Trade-marks Act, where “(i)” refers to the file number, “(ii)” refers to the indication and whether it identifies a wine or spirit, “(iii)” refers to the territory, or the region or locality of a territory in which the wine or spirit is identified as originating, “(iv)” refers to the name of the responsible authority (the person, firm or other entity that is, by reason of state or commercial interest, sufficiently connected with and knowledgeable of the wine or spirit), “(v)” refers to the address in Canada for the responsible authority, and “(vi)” refers to the quality, reputation or other characteristic of the wine or spirit that, in the opinion of the Minister, qualifies that indication as a geographical indication:

(i) File No. 1255907

(ii) Finnish berry liqueur (Spirit)

(iii) Finland

(iv) Ministry of Agriculture and Forestry
P.O. Box 30
00023 Government
FINLAND

(v) Embassy of Finland
55 Metcalfe Street, Suite 80
Ottawa, Ontario
K1P 6L5

(vi) The name listed in (ii) above is recognized and protected as a geographical indication for a spirit in Decree 1344/1994 on Alcoholic Beverages and Spirits of the Finnish Government, and European Union Council Regulation (EC) No. 110/2008 of January 15, 2008, which replaced Council Regulation (EC) No. 1576/89 of May 1989.

(i) File No. 1374568

(ii) Madeira (Wine)

(iii) Region of Madeira, in Portugal.

(iv) Instituto do Vinho, Bordado e do Artesanato da Madeira
Rua Visconde de Anadia, No. 44 
9050-020 Funchal
Madeira
PORTUGAL

(v) Gowling Lafleur Henderson LLP
Suite 2600, 160 Elgin Street
Ottawa, Ontario
K1P 1C3

(vi) The name listed in (ii) is recognized and protected in Portugal as a geographical indication for wine in Region Decree No. 7/79, dated December 30, 1978, which created the official entity, the former Instituto do Vinho da Madeira, that regulates, protects and promotes Madeira wine; Administrative Order No. 40/82, dated February 2, 1982, recognizes Madeira wine; Regional Statutory Decree No. 20/85/M, dated October 21, 1985, recognizes Madeira wine as an appellation of origin; and Regional Legislative Decree No. 18/2006/M dated May 15, 2006, approves the new name of the official entity responsible for the regulation of Madeira wine (the former Instituto do Vinho da Madeira, as a result of a merger with Instituto do Bordado, Tapecarias e Artesanato da Madeira), Instituto do Vinho, Bordado e do Artesanato da Madeira.

(i) File No. 1416989

(ii) Similkameen Valley (Wine)

(iii) The land within the watershed of the Similkameen River.

(iv) British Columbia Ministry of Agriculture and Lands
808 Douglas Street
Victoria, British Columbia
V8W 2Z7

(v) Gowling Lafleur Henderson LLP
Bentall 5
550 Burrard Street Suite 2300, P.O. Box 30
Vancouver, British Columbia
V6C 2B5

(vi) The name listed in (ii) above is recognized and protected as a geographical indication for wine by the Agri-Food Choice and Quality Act, S.B.C. 2000, C.20, and the Wines of Marked Quality Regulation, B.C. Reg. 79/2005, as amended. Wines bearing the geographical indication must be produced from grapes grown in the demarcated area and must conform to the characteristics and made to the standards defined in the Agri-Food Choice and Quality Act and the Wines of Marked Quality Regulation, B.C. Reg. 79/2005.

(i) File No. 1416990

(ii) Okanagan Valley (Wine)

(iii) The land within the watershed of the Okanagan water basin.

(iv) British Columbia Ministry of Agriculture and Lands
808 Douglas Street
Victoria, British Columbia
V8W 2Z7

(v) Gowling Lafleur Henderson LLP
Bentall 5
550 Burrard Street
Suite 2300, P.O. Box 30
Vancouver, British Columbia
V6C 2B5

(vi) The name listed in (ii) above is recognized and protected as a geographical indication for wine by the Agri-Food Choice and Quality Act, S.B.C. 2000, C.20, and the Wines of Marked Quality Regulation, B.C. Reg. 79/2005, as amended. Wines bearing the geographical indication must be produced from grapes grown in the demarcated area and must conform to the characteristics and made to the standards defined in the Agri-Food Choice and Quality Act and the Wines of Marked Quality Regulation, B.C. Reg. 79/2005.

(i) File No. 1416991

(ii) Fraser Valley (Wine)

(iii) The land within the watershed of the Fraser River basin, south and west of the town of Hope and north of the 49th parallel.

(iv) British Columbia Ministry of Agriculture and Lands
808 Douglas Street
Victoria, British Columbia
V8W 2Z7

(v) Gowling Lafleur Henderson LLP
Bentall 5
550 Burrard
Street Suite 2300, P.O. Box 30
Vancouver, British Columbia
V6C 2B5

(vi) The name listed in (ii) above is recognized and protected as a geographical indication for wine by the Agri-Food Choice and Quality Act, S.B.C. 2000, C.20, and the Wines of Marked Quality Regulation, B.C. Reg. 79/2005, as amended. Wines bearing the geographical indication must be produced from grapes grown in the demarcated area and must conform to the characteristics and made to the standards defined in the Agri-Food Choice and Quality Act and the Wines of Marked Quality Regulation, B.C. Reg. 79/2005.

(i) File No. 1416992

(ii) Vancouver Island (Wine)

(iii) The land within the geographical limits of Vancouver Island.

(iv) British Columbia Ministry of Agriculture and Lands
808 Douglas Street
Victoria, British Columbia
V8W 2Z7

(v) Gowling Lafleur Henderson LLP
Bentall 5
550 Burrard
Street Suite 2300, P.O. Box 30
Vancouver, British Columbia
V6C 2B5

(vi) The name listed in (ii) above is recognized and protected as a geographical indication for wine by the Agri-Food Choice and Quality Act, S.B.C. 2000, C.20, and the Wines of Marked Quality Regulation, B.C. Reg. 79/2005, as amended. Wines bearing the geographical indication must be produced from grapes grown in the demarcated area and must conform to the characteristics and made to the standards defined in the Agri-Food Choice and Quality Act and the Wines of Marked Quality Regulation, B.C. Reg. 79/2005.

(i) File No. 1432397

(ii) Madère (Wine)

(iii) Region of Madeira, in Portugal.

(iv) Instituto do Vinho, Bordado e do Artesanato da Madeira
Rua Visconde de Anadia
No. 44, 9050-020 Funchal
Madeira
PORTUGAL

(v) Gowling Lafleur Henderson LLP
Suite 2600, 160 Elgin Street
Ottawa, Ontario
K1P 1C3

(vi) The name listed in (ii) is recognized and protected in Portugal as a geographical indication for wine in Regional Decree No. 7/79, dated December 30, 1978, which created the official entity, the former Instituto do Vinho da Madeira, that regulates, protects and promotes Madeira wine; Administrative Order No. 40/82, dated February 2, 1982, recognizes Madeira wine; Regional Statutory Decree No. 20/85/M, dated October 21, 1985, recognizes Madeira wine as an appellation of origin; and Regional Legislative Decree No. 18/2006/M dated May 15, 2006, approves the new name of the official entity responsible for the regulation of Madeira wine (the former Instituto do Vinho da Madeira, as a result of a merger with Instituto do Bordado, Tapecarias e Artesanato da Madeira), Instituto do Vinho, Bordado e do Artesanato da Madeira. Wines bearing the geographic indication must be produced from the Madeira Region of Portugal, as defined by the statutes of the demarcated Madeira region.

(i) File No. 1437522

(ii) Sauternes (Wine)

(iii) The localities in which the wine originates are the following communes of France: Sauternes, Bommes, Fargues, Barsac.

(iv) Institut National de l’Origine et de la Qualité (INAO)
51, rue d’Anjou
75008 Paris
FRANCE

(v) Services économiques et commerciaux
Près l’Ambassade de France
10 John Street
Ottawa, Ontario
K1M 1P5

(vi) The name listed in (ii) is recognized and protected as a geographical indication for wine in France in accordance with the Décret of September 30, 1936. Wines bearing the geographical indication must be produced from grapes grown in the communes of France listed in (iii) above and must conform to the characteristics and made to the standards defined in the Décret of September 30, 1936, of France.

TONY CLEMENT
Minister of Industry

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NOTICE OF VACANCY

PUBLIC SERVICE STAFFING TRIBUNAL

Members (full-time positions)

Salary range: $98,300–$115,700

Location: National Capital Region

The Public Service Staffing Tribunal (PSST) was established under the Public Service Employment Act as an independent, quasi-judicial statutory tribunal responsible for providing federal public service employees with a fair, efficient and independent resolution of employee complaints. The Chairperson and the members of the Tribunal conduct hearings of complaints from public service employees throughout Canada and put emphasis on the informal resolution of complaints. The Tribunal also offers mediation services to help parties resolve their differences without resorting to a formal hearing.

The successful candidates must possess a degree from a recognized university or an acceptable combination of education, job related training and/or experience. A degree in law would be an asset. The qualified candidates must be experienced in rendering decisions or in presenting cases before a quasi-judicial tribunal, or as a mediator in labour relations, human rights or staffing complaints, or in providing advice in human resources management. Experience in or knowledge of employment matters in the public sector, as outlined in the Public Service Employment Act, as well as experience in the interpretation and application of legislation is also required.

The ideal candidates must possess knowledge of the mandate and of the jurisprudence of the Public Service Staffing Tribunal. General knowledge of the procedures and practices involved in conducting a quasi-judicial hearing and of the legal principles involved, particularly as they relate to evidence, legal interpretation and natural justice is essential. Candidates will possess general knowledge of the legislative framework governing human resources management in the federal public service and related policies, including the Public Service Employment Act, the Public Service Modernization Act and the Canadian Human Rights Act. Knowledge of the practices and principles underlying mediation and conflict resolution is essential.

The selected candidates must be able to interpret the provisions of various statutes, regulations, policies and other documents in a quasi-judicial context and to assess the relevance of precedents in order to render decisions. The ability to effectively conduct hearings of a quasi-judicial tribunal and to write clear decisions on complex legal issues is essential. The successful candidate must possess superior interpersonal skills, as well as the ability to work independently and as a team member. Sound judgment and the ability to communicate effectively, both orally and in writing, are required. The preferred candidates must adhere to high ethical standards and integrity, and must also demonstrate respect, fairness, impartiality, tact and discretion.

Proficiency in both official languages would be preferred.

The members must be Canadian citizens within the meaning of the Citizenship Act or permanent residents within the meaning of the Immigration and Refugee Protection Act. Members must be prepared to relocate to the National Capital Region or to a location within reasonable commuting distance. Members must also be prepared to travel regularly across Canada.

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.

DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Revocation of fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the Saanich Police Service as fingerprint examiner:

Robert McCullagh

Ottawa, July 13, 2009

RICHARD WEX
Assistant Deputy Minister
Law Enforcement and Policing Branch

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Belledune Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT, INFRASTRUCTURE AND COMMUNITIES

WHEREAS letters patent were issued by the Minister of Transport for the Belledune Port Authority (“Authority”) under the authority of the Canada Marine Act (“Act”), effective March 29, 2000;

WHEREAS the Authority has requested that the Minister of Transport, Infrastructure and Communities issue supplementary letters patent amending Articles 9.2 and 9.3 of the letters patent to modify the borrowing limits to reflect a total of $32,000,000, and to make all necessary adjustments to reflect the change in the borrowing limit;

WHEREAS by Order in Council P.C. 2009-1273 of July 30, 2009, the Governor in Council approved the proposed supplementary letters patent for the purpose of modifying the limits on the power of Belledune Port Authority to borrow money on its credit for port purposes;

NOW THEREFORE under the authority of section 9 of the Act, the letters patent are amended as follows:

1. Paragraph 7.2(a)(vi) of the letters patent issued to the Belledune Port Authority is replaced by the following:

(vi) issuing a Permitted Indemnity or Guarantee, provided that the cumulative amount of all such Permitted Indemnities or Guarantees shall at no time exceed one-tenth of the aggregate Borrowing maximum amount specified in section 9.2;

2. Article 9.2 of the letters patent issued to the Belledune Port Authority is replaced by the following:

9.2 Restriction on Incurrence of Borrowing. The Authority shall not incur any item of Borrowing so that the aggregate Borrowing of the Authority would exceed $32,000,000.

3. Article 9.3 of the letters patent issued to the Belledune Port Authority is repealed.

Issued under my hand to be effective this day of August 7, 2009.

____________________________________
John Baird, P.C., M.P.
Minister of Transport, Infrastructure and Communities

DEPARTMENT OF TRANSPORT

MOTOR VEHICLE SAFETY ACT

Notice requesting comments on updating the infant and child restraint systems and booster cushion regulations

Notice is hereby given that the Department of Transport is contemplating amending Canada’s regulatory requirements governing the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations and is soliciting written comments from all interested parties on the potential changes.

Summary

The Department of Transport is in the process of amending its current restraint system and booster cushion regulations to improve overall safety for children. This Notice explains in general the amendments under consideration and requests comments on the best means of moving forward to improve safety for children travelling in vehicles. This Notice also requests comments on the proposed alignment of some Canadian regulations and testing procedures with those of the United States and on the introduction of new, more demanding, safety requirements. It is anticipated that aligning the Canadian requirements with those of the United States will improve the safety standards of infant restraint systems, child restraint systems and booster cushions for Canadians.

Background

Between 1993 and 2006, there was a 21% decrease in the number of motor vehicle occupants who died in motor vehicle accidents. This trend can be attributed to factors such as improved vehicle designs, improved road designs, and a reduction in high-risk behaviours such as not using seat belts or driving under the influence. In this same period, there was a 50% decrease in the number of child occupants who died in motor vehicle accidents. This trend can be attributed to the improved design and greater use of child restraint systems and booster cushions. The Canadian regulations for these devices are a major factor in their continuing improvement.

Historically, the Canadian and American restraint systems and booster cushion safety regulations have been closely aligned. However, this is no longer the case in several areas, since the United States requirements have recently been revised. Over the past few decades, the average size and mass of children in each age group have increased, but the Canadian safety standards for infant and child restraint systems used in motor vehicles continue to specify the same mass limits. Recognizing the change in child mass and the safety benefits of keeping children in child restraint systems until they are older and hence more physiologically developed, the United States has recently introduced requirements to allow for child restraint systems to be certified up to a mass of 30 kg.

Recent Canadian statistics show that today’s Canadian children have also become heavier at a younger age compared to the previous two decades, as is the case in the United States; Canadian parents have been requesting larger child restraint systems to improve their children’s safety until the children are tall enough to use a booster cushion. Since May 2007, Canadian parents have been able to purchase these larger child restraint systems for children weighing up to 30 kg because the Department has issued successive Interim Orders to that effect. These Interim Orders allow for Canadian regulatory requirements to be harmonized on a temporary basis with those of a foreign government, in this case, that of the United States. Interim Orders are only temporary, thus it is important for Canada to update the regulations to continue to protect the safety of children using these child restraint systems.

The United States has also recently instituted several other significant improvements to its restraint systems and booster cushion safety standards. These improvements include using updated child-sized crash test dummies, and adopting newer test equipment and test criteria.

While efforts have been made in harmonizing the Canadian and American regulatory requirements for restraint systems and booster cushions, there have always been several Canadian requirements that were more demanding than those of the United States. For example, Canada has specified that the minimum child mass for a booster cushion must be 18 kg, whereas the minimum mass requirement in the United States is 13.6 kg. There are also several other requirements for items such as bilingual labelling, Universal Anchorage System (UAS) symbol marking, and compression, deflection, and energy absorption testing, which are more specific or more stringent in Canada.

To assist the development of future regulations, the Department conducts research that often simulates a more severe collision than is provided for in the existing regulatory requirements. Recently, one research program identified a concern during simulations of infant seats with detachable bases. A certain restraint system was found to separate completely from its base when using a three-point lap/shoulder belt to secure the base to the vehicle. In this case, a Consumer Information Notice was released from Transport Canada recommending to Canadians that they follow alternative instructions outlined in the manufacturer’s instruction manual.

The current Canadian regulations require passenger vehicles with rear seating positions to be equipped with a lower universal anchorage system at certain seating positions. The number of seating positions required to have a lower universal anchorage system increases with the vehicle seating capacity. The lower universal anchorage system consists of two lower fixed anchorages located in the seat bight (the space where the seat back meets the seat base). The anchorages can be used in conjunction with the upper tether anchorage to provide a secure means of installing infant and child restraint systems as well as some booster cushions that are equipped with connectors. As lower universal anchorage systems are not required in every seating position, it is possible that restraint systems and booster cushions may be secured in these vehicles using the vehicle’s seat belts. Some caregivers may elect to use seat belts even if the easier-to-use anchorage system is present.

Most new Canadian vehicles are manufactured with three-point lap/shoulder belts in all rear seating positions. As a result, parents or guardians of infants may choose to install an infant or child restraint system in a seating position that has a three-point lap/shoulder belt to secure the restraint system to the vehicle. To include this installation option, the Department is proposing to add a three-point belt dynamic test as part of the infant and child restraint system-testing requirements. The current regulation tests infant and child restraint systems on a simulated vehicle seat (referred to as standard seat assembly) in a laboratory environment. The current testing on the standard seat assembly requires the restraint systems to be secured by using only a lap belt or the universal anchorage system.

Proposal

The Department’s intention is to update the restraint systems and boost cushions safety regulations in three ways:

First, the amendment proposes to improve safety by more closely aligning the Canadian restraint systems and booster cushions requirements with those of the United States by achieving the following goals:

1. Aligning the infant restraint system mass limits and introducing larger child restraint systems

The proposal would align the Canadian requirements with the United States requirements by increasing the occupant mass limits for infant restraint systems from 9 kg to 10 kg and increasing the child restraint system’s occupant mass limit from 22 kg to 30 kg. In addition, all related United States testing protocols for this heavier mass limit would be adopted. These changes would improve safety by encouraging the use of infant and child restraint systems for a longer period of time, before graduating to the next stage of restraints.

2. Adopting new, improved child-sized crash test dummies, a new standard seat assembly and associated performance criteria

Child-sized crash test dummies are used when testing restraint systems or booster cushions to measure certain injury criteria. New, improved child-sized crash test dummies are available and we propose that they be incorporated into the Regulations. In addition, the testing of the restraint systems or booster cushions will be performed on a new standard seat assembly, so that all manufacturers can test their products uniformly using the same equipment and methodology. The United States has implemented a new standard seat assembly that is more representative of many current model vehicle seats. This proposal would adopt this new standard seat assembly, as well as most of the United States testing parameters and performance criteria.

3. Introducing dynamic requirements for booster cushions

Currently the Canadian regulation requires static (non-moving) testing on booster cushions. It is proposed to introduce the new United States dynamic test requirements, similar to current infant and child restraint systems testing, which would improve the safety of booster cushions, consistent with the current United States regime.

Secondly, it is proposed that the Department introduces a new requirement that the United States has not adopted:

Introduce the requirement for infant and child restraint systems to be tested using three-point lap/shoulder belts

A new dynamic testing procedure requiring infant and child restraint systems to be tested when secured by a three-point lap/shoulder belt would be added to the existing dynamic tests. This would result in the Canadian standard seat assembly being the same as that of the United States, except for the addition of a three-point belt attachment system in the centre seating position. This would help ensure that restraint systems are tested using the types of seat belt systems and tethers that are installed in most new vehicles. This new requirement would be in line with an upcoming proposal for new passenger vehicles to be equipped with three-point lap/shoulder belts in all rear seating positions.

Thirdly, this proposal would reorganize the regulatory text to clarify the intent of some requirements by introducing new definitions, rewriting certain portions of text, replacing words, adding details or figures, correcting cross-reference errors, and regrouping the information and installation instruction by class of restraint systems and replacing the name “booster cushion” with “booster seat” to harmonize it with the common designation of the United States.

This proposal would enhance the safety of children who are occupants of vehicles and use an infant or child restraint system or a booster cushion. This proposal would also ensure that the Canadian and United States requirements remain aligned for the most significant testing protocols. Regulations that are not closely aligned increase costs to manufacturers (which are then passed on to Canadian consumers) due to the increased testing requirements, and may reduce the variety of restraint systems and booster cushions marketed in Canada by manufacturers.

Comments

Manufacturers, importers, public safety organizations, insurers, and other interested parties are requested to provide their comments on this proposal in writing, to the person named below at the address provided, before September 7, 2009.

A consultative panel session will also be held in Ottawa at the end of August 2009. To register or find more information about this session, please email the following address: RegulationsClerk-ASFB-Commisauxreglements@tc.gc.ca.

As part of this Notice, the Department would appreciate comments on the following specific issues:

1. The merits of aligning the Canadian regulatory requirements with those of the United States;

2. The unique Canadian requirements for labelling;

3. The proposed increase in the mass rating of child restraint systems from 22 kg to 30 kg;

4. The name change of booster cushion to booster seat and the merits of introducing booster-seat dynamic testing requirements; and,

5. The merits of including a new three-point lap/shoulder belt dynamic test to ensure that in those cases when an infant or child restraint system is installed in a vehicle using the three-point belt, that the seat will perform well in a collision.

Comments should be supported by data wherever possible. Comments should also identify those parts of your representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of the Act, the reason why those parts should not be disclosed and the period during which those parts should remain undisclosed.

Comments regarding this Notice may be directed to Dan Davis, Chief, Regulations and Standards, Road Safety and Motor Vehicle Regulation Directorate, Transport Canada, 275 Slater Street, 17th Floor, Ottawa, Ontario K1A 0N5, dan.davis@tc.gc.ca (email).

Questions and requests for additional information regarding this Notice may be directed to Jean François Lalande, Junior Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, Transport Canada, 275 Slater Street, 17th Floor, Ottawa, Ontario K1A 0N5, jeanfrancois.lalande@ tc.gc.ca (email).

Please note: It is important that your submission be provided to the attention of the person noted above before the closing date. Submissions not sent directly to the person noted may not be considered as part of this regulatory consultation. Individual responses will not be sent to your submission. Any subsequent regulatory proposal or final regulation that is published in the Canada Gazette would contain any changes that are made, along with a summary of the relevant comments received. Please indicate in your submission if you do not wish to be identified or if you do not wish to have your comments published in the Canada Gazette.

CHRISTIAN LAVOIE
Director
Standards Research and Development
For the Minister of Transport, Infrastructure and Communities

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