ARCHIVED — Vol. 146, No. 48 — December 1, 2012

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GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 16944

Ministerial Condition

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information pertaining to the substance 1,3 Benzenedimethanamine,N-(2-phenylethyl) derivs., Chemical Abstracts Service No. 404362-22-7;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.

PETER KENT
Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

  • “notifier” means the person who has, on July 27, 2012, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999.
  • “substance” means 1,3-Benzenedimethanamine,N-(2-phenylethyl) derivs., Chemical Abstracts Service No. 404362-22-7.
  • “waste” includes effluents resulting from rinsing vessels or spray equipment that contained the substance, process effluents, and any residual amounts of the substance.

2. The notifier may manufacture or import the substance in accordance with the present ministerial conditions.

Restriction

3. The notifier may import the substance to use it or to transfer it to a person who will use it as a component of an epoxy resin hardener for coatings and paints applied in industrial or commercial settings only.

4. At least 120 days prior to beginning manufacturing of the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:

  • (a) the information specified in Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers);

  • (b) the information specified in items 8 and 10 of Schedule 5 to those Regulations;

  • (c) a brief description of the manufacturing process that details reactants of the substance, reaction stoichiometry, batch or continuous nature of the process, and scale of the process;

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

  • (e) a brief description of the steps in the manufacturing process, the chemical conversions, the points of entry of all reactants and the points of release of the substance, and the processes to eliminate environmental release.

Handling and Disposal of the Substance

5. The notifier or the person to whom the substance has been transferred must collect any waste in their physical possession or under their control and destroy or dispose of it in the following manner:

  • (a) deposition in a secure landfill in accordance with the laws of the jurisdiction where the landfill is located; or

  • (b) incineration in accordance with the laws of the jurisdiction where the incineration facility is located.

Environmental Release

6. Where any release of the substance to the environment occurs, the person who has the physical possession or control of the substance shall immediately take all measures necessary to prevent any further release and to limit the dispersion of the substance. Furthermore, the person shall inform the Minister of the Environment immediately by contacting an enforcement officer, designated under the Canadian Environmental Protection Act, 1999, of the Environment Canada Regional Office that is closest to where the release occurred.

Record-keeping Requirements

7. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

  • (a) the use of the substance;

  • (b) the quantity of the substance that the notifier manufactures, imports, purchases, sells and uses;

  • (c) the name and address of each person to whom the notifier transfers the physical possession or control of the substance; and

  • (d) the name and address of the person in Canada who has destroyed or disposed of the waste for the notifier, the method used to do so, and the quantities of waste shipped to that person.

(2) The notifier shall maintain the electronic or paper records mentioned in subitem (1) at the notifier’s principal place of business in Canada for a period of at least five years after they are made.

Other Requirements

8. The notifier shall inform any person to whom they transfer the physical possession or control of the substance, in writing, of the terms of the present ministerial conditions. The notifier shall obtain, prior to the transfer, written confirmation from this person that they were informed of the terms of the present ministerial conditions. This written confirmation shall be maintained at the notifier’s principal place of business in Canada for a period of at least five years from the day it was received.

Coming into Force

9. These ministerial conditions come into force on November 22, 2012.

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of results of investigations and recommendations for a substance — Decabromodiphenyl ether — specified on the Domestic Substances List (paragraph 68(b) of the Canadian Environmental Protection Act, 1999)

Whereas Decabromodiphenyl ether is a substance listed on Schedule 1 of the Canadian Environmental Protection Act, 1999; and

Whereas an ecological state of the science report on Decabromodiphenyl ether was published in the Canada Gazette, Part Ⅰ, on August 28, 2010, and that it was warranted to also update the information regarding human health,

Notice is hereby given that a summary of the final human health state of the science report on Decabromodiphenyl ether conducted pursuant to paragraph 68(b) of the Act is annexed hereto.

LEONA AGLUKKAQ
Minister of Health

ANNEX

Synopsis of the Human Health State of the Science Report on Decabromodiphenyl Ether

Decabromodiphenyl ether (decaBDE) belongs to a group of structurally related chemicals known as the polybrominated diphenyl ethers (PBDEs). DecaBDE does not occur naturally in the environment and is not manufactured in Canada. However, decaBDE may be imported into Canada as a commercial mixture, or in consumer products, particularly electronic and electrical goods and textiles. The primary use of decaBDE in Canada is as a flame retardant in thermoplastics and polymer resins.

In 2006, two reports on PBDEs were published: Ecological Screening Assessment Report on Polybrominated Diphenyl Ethers (PBDEs) and State of the Science Report for a Screening Health Assessment: Polybrominated Diphenyl Ethers (PBDEs). The conclusion of the ecological screening assessment report was that decaBDE, along with other assessed PBDEs (both reports considered PBDEs containing between 4 and 10 bromine atoms), met the criteria set out in paragraph 64(a) of the Canadian Environmental Protection Act, 1999 (CEPA 1999). On the basis of a recommendation by the Ministers of the Environment and of Health published in the Canada Gazette, PBDEs, including decaBDE, were added to Schedule 1 of CEPA 1999.

In August 2010, Environment Canada published an ecological state of the science (SOS) report that examined new environmental data pertaining to the bioaccumulation and transformation of decaBDE. In the present report, Health Canada has examined new human health information that has become available on decaBDE since the original health assessment of PBDEs was published in 2006.

The health effects of decaBDE have been well studied. In laboratory animals, decaBDE affects early fetal/neonatal development, the liver, the thyroid and potentially the endocrine system. The available studies suggest that decaBDE does not have significant genotoxic potential, and there is limited evidence for carcinogenicity in experimental animals.

The predominant sources of exposure are breast milk for breast-fed infants, mouthing of hard plastic toys for children 0.5 to 4 years of age and indoor dust and food for all other age groups. Comparison of the critical effect levels in mammalian studies with the upper-bounding estimates of intake of decaBDE for the potentially most highly exposed age groups (breast-fed infants and children aged 0.5–4 years) results in margins of exposure that are considered to be adequate to address uncertainties in the health effects and exposure databases. Comparison of the critical effect level for acute exposure with the upper-bounding exposure estimate for children (aged 0.5–4 years) mouthing hard plastic toys containing decaBDE also results in a margin of exposure considered to be adequate to address uncertainties in the health effects and exposure databases. Additionally, recent unpublished biomonitoring data measuring levels of decaBDE in human serum in the general population of Canada suggest that the upper-bounding estimates of daily intake are conservative. This further supports the adequacy of the margins of exposure derived in this report.

Ongoing ecological risk management initiatives in Canada are expected to result in a reduction of human exposure to decaBDE and other PBDE congeners.

The final human health state of the science report on Decabromodiphenyl ether is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca).

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DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE

NOTICE OF INTENT TO CONDUCT A STRATEGIC ENVIRONMENTAL ASSESSMENT OF THE TRANS-PACIFIC PARTNERSHIP FREE TRADE AGREEMENT NEGOTIATIONS

On October 9, 2012, the Government of Canada announced that Canada had formally joined the Trans-Pacific Partnership (TPP) free trade negotiations. The Government of Canada is conducting an environmental assessment (EA) to inform these free trade negotiations. All interested parties are invited to provide comments on any likely and significant environmental impacts which this prospective free trade agreement (FTA) may have on Canada.

The Government of Canada is committed to sustainable development. Mutually supportive trade, investment and environmental policies can contribute to this objective. To this end, the Minister of International Trade has directed trade officials to seek information and otherwise improve their understanding of the relationship between trade and environmental issues at the earliest stages of decision making, and to do this through an open and inclusive process. Environmental assessments of trade negotiations are critical to this work.

This process is guided by the 2001 Framework for Conducting Environmental Assessments of Trade Negotiations and direction from the 2010 Cabinet Directive on the Environmental Assessment of Policy, Plan, and Program Proposals.

For more information, please visit the following Web site:

All interested parties are invited to submit their views on any likely and significant environmental impacts on Canada resulting from the prospective Trans-Pacific Partnership Free Trade Agreement by January 30, 2013.

Contributions can be sent by email, fax or mail to EAconsultationsEE@international.gc.ca (email), 613-992-9392 (fax), or Environmental Assessment of the Trans-Pacific Partnership Free Trade Agreement Negotiations, Trade Agreements and NAFTA Secretariat (TAS), Foreign Affairs and International Trade Canada, Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario K1A 0G2.

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-009-12 — Spectrum Utilization Policy Decisions on the Band 1435-1525 MHz

The intent of this notice is to announce the release of the above-mentioned spectrum document containing decisions on the use of the band 1435-1525 MHz.

Background

In December 2009, the Department released DGTP-010-09, Consultation on the Spectrum Allocations and Spectrum Utilization Policies for the Frequency Range 1435-1525 MHz (L-Band). This consultation considered a possible designation for aeronautical mobile telemetry (AMT) applications and increased flexibility for the provision of broadband access. The consultation included proposals for changes in allocations and footnotes in the Canadian Table of Frequency Allocations (CTFA), new utilization policies and related transition policies. A moratorium was imposed on any new licensing in the band and on the issuance of new broadcasting certificates until the establishment of new policies following the consultation.

Discussion

In response to this consultation, 12 comments were received. Comments generally supported the Department’s intent to accommodate spectrum for AMT, and compatibility tests were conducted with the full participation of interested stakeholders.

Industry Canada hereby announces its spectrum utilization policy decisions on the band 1435-1525 MHz, which include a decision to accommodate spectrum for AMT in the band 1452-1476 MHz.

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 Publishing and Depository Services at 613-941-5995 or 1-800-635-7943.

November 15, 2012

MARC DUPUIS
Director General
Engineering, Planning and Standards Branch

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

INSURANCE COMPANIES ACT

Arch Insurance Canada Ltd. — Letters patent of incorporation and order to commence and carry on business

Notice is hereby given of the issuance,

  • pursuant to section 22 of the Insurance Companies Act, of letters patent incorporating Arch Insurance Canada Ltd. and, in French, Arch assurances Canada Ltée, effective June 18, 2012; and
  • pursuant to subsection 53(1) of the Insurance Companies Act, of an order authorizing Arch Insurance Canada Ltd. to commence and carry on business, effective October 15, 2012.

November 19, 2012

JULIE DICKSON
Superintendent of Financial Institutions

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