ARCHIVED — Vol. 147, No. 13 — March 30, 2013

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GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Respecting the Start-up Business Class

The Minister of Citizenship and Immigration, pursuant to section 14.1 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Respecting the Start-up Business Class.

Ottawa, March 15, 2013

JASON KENNEY
Minister of Citizenship and Immigration

MINISTERIAL INSTRUCTIONS RESPECTING THE START-UP BUSINESS CLASS

Definitions

1. The following definitions apply in these Instructions.

  • “Act”
    « Loi »
  • “Act” means the Immigration and Refugee Protection Act.
  • “applicant”
    « demandeur »
  • “applicant” means a foreign national who makes an application for a permanent resident visa as a member of the start-up business class.
  • Canadian Language Benchmarks
    « Canadian Language Benchmarks »
  • Canadian Language Benchmarks” has the same meaning as in section 2 of the Regulations.
  • “commitment”
    « engagement »
  • “commitment” means a commitment referred to in paragraph 2(2)(a) that meets the requirements of section 6.
  • “designated”
    « désigné »
  • “designated”, in respect of an angel investor group or a venture capital fund, means designated under section 4.
  • “investing”
    « investir »
  • “investing” means buying shares or other forms of equity in a qualifying business.
  • “language skill area”
    « habileté langagière »
  • “language skill area” means speaking, oral comprehension, reading or writing.
  • Niveaux de compétence linguistique canadiens
    « Niveaux de compétence linguistique canadiens »
  • Niveaux de compétence linguistique canadiens” has the same meaning as in section 2 of the Regulations.
  • “qualified participant”
    « participant admissible »
  • “qualified participant” means, in respect of a business,
    • (a) an applicant in respect of the business;
    • (b) a foreign national who has been issued a permanent resident visa as a member of the start-up business class in respect of the business;
    • (c) a designated angel investor group; or
    • (d) a designated venture capital fund.
  • “qualifying business”
    « entreprise admissible »
  • “qualifying business” means a business that meets the requirements of section 7.
  • “Regulations”
    « Règlement »
  • “Regulations” means the Immigration and Refugee Protection Regulations.

Establishment of start-up business class

2. (1) The start-up business class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who have the ability to become economically established in Canada and meet the requirements of this section.

Member of class

(2) A foreign national is a member of the start-up business class if they

  • (a) have obtained a commitment from
    • (i) a designated angel investor group confirming that it is investing at least $75,000 in a qualifying business or two or more designated angel investor groups confirming that they are together investing a total of at least $75,000 in such a business, or
    • (ii) a designated venture capital fund confirming that it is investing at least $200,000 in a qualifying business or two or more designated venture capital funds confirming that they are together investing a total of at least $200,000 in such a business;
  • (b) have attained a level of proficiency of at least benchmark level 5 in either official language for the four language skill areas, as set out in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation conducted by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations;
  • (c) have completed at least one year of post-secondary education during which the applicant was in good standing at the educational institution, whether or not the applicant obtained an educational credential; and
  • (d) have in the form of transferable and available funds, unencumbered by debts or other obligations, an amount that is equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500 000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons equal in number to the total number of the applicant and their family members.

Syndication

(3) A foreign national who obtains a commitment involving more than one entity is still considered eligible to be a member of the start-up business class if

  • (a) the total amount invested in the qualifying business is at least $75,000, in the case of a commitment from or involving a designated angel investor group but not a designated venture capital fund; and
  • (b) the total amount invested in the qualifying business is at least $200,000, in the case of a commitment from or involving a designated venture capital fund.

Limit

(4) No more than five foreign nationals are to be considered members of the start-up business class in respect of the same business.

Improper purpose

(5) A foreign national is not to be considered a member of the start-up business class if the foreign national intends to participate, or has participated, in an agreement or arrangement in respect of the commitment primarily for the purpose of acquiring a status or privilege under the Act and not for the purpose of engaging in the business activity for which the commitment was intended.

Agreements with industry associations

3. (1) The Minister may enter into an agreement with an industry association representing angel investor groups or venture capital funds to provide for any matter related to these Instructions, including

  • (a) the making of recommendations and the provision of advice to the Minister on the designation of entities of the type represented by the association and on the revocation of such designations;
  • (b) the establishment of criteria, standards of conduct and best practices for the making of commitments or the performance of other activities under these Instructions by entities of the type represented by the association;
  • (c) the making of recommendations and the provision of advice to the Minister on the operation of these Instructions;
  • (d) the establishment of peer review panels to independently assess commitments;
  • (e) the submission of reports to the Minister on the activities of its members under these Instructions; and
  • (f) any other function or matter considered by the parties to be relevant to these Instructions.

Termination of agreements

(2) The Minister may terminate an agreement if the industry association breaches the agreement or for any other reason specified in the agreement.

Designation

4. For the purposes of these Instructions,

  • (a) the entities set out in Schedule 1 are designated as angel investor groups; and
  • (b) the entities set out in Schedule 2 are designated as venture capital funds.

Status of entities

5. For greater certainty, an angel investor group or a venture capital fund designated under section 4 is considered not to be under the control of the Minister in respect of any matter relating to these Instructions.

Form of commitment

6. (1) A commitment must be in a written or electronic form that is acceptable to the Minister and be signed by a person with the authority to bind the designated angel investor group or designated venture capital fund, as the case may be.

Conditional commitment

(2) If two or more applicants make an application that is based on the same commitment, that commitment may be conditional on the issuance of a permanent resident visa to one or more of those applicants.

Contents of commitment — investments

(3) A commitment made by a designated angel investor group or a designated venture capital fund must

  • (a) identify the applicant;
  • (b) describe the nature of the business operations to be carried out by the applicant;
  • (c) describe the applicant’s role in the business;
  • (d) confirm that the applicant has control over the intellectual property or other assets that the applicant is bringing to the business;
  • (e) describe the legal and financial structure of the business;
  • (f) identify the role of any other person who holds or is expected to hold an interest in the business and describe their role in the business;
  • (g) confirm that the designated angel investor group or the designated venture capital fund has performed a due diligence assessment of the applicant, the business and the investment;
  • (h) confirm that the designated angel investor group or the designated venture capital fund is investing in a business that is a qualifying business;
  • (i) specify the amount of the investment; and
  • (j) specify any terms and conditions applicable to the investment or to the commitment.

Multiple applicants

(4) If there is more than one applicant in respect of the same business, the commitment must

  • (a) include information on all the applicants; and
  • (b) identify those applicants that the entity making the commitment considers essential to the business.

Qualifying business

7. (1) For the purposes of these Instructions, a corporation that is incorporated in and carrying on business in Canada is a qualifying business if, at the time the commitment is made,

  • (a) the applicant holds 10% or more of the voting rights attached to all shares of the corporation outstanding at that time; and
  • (b) no persons or entities, other than qualified participants, hold 50% or more of the total amount of the voting rights attached to all shares of the corporation outstanding at that time.

Conditional incorporation of business

(2) A business that is not incorporated at the time the commitment is made is still considered to be a qualifying business if its incorporation is conditional on the issuance of a permanent resident visa to one or more of the applicants in respect of that business.

Documentation

8. (1) An applicant must provide documentation to establish that the applicant is a member of the start-up business class, including

  • (a) evidence of payment of the applicable fees set out in these Instructions;
  • (b) a signed copy of the commitment;
  • (c) written evidence that the applicant has attained the level of language proficiency required by paragraph 2(2)(b);
  • (d) written evidence that the applicant has the education required by paragraph 2(2)(c); and
  • (e) written evidence that the applicant has the funds required by paragraph 2(2)(d).

Conclusive evidence

(2) For the purposes of these Instructions, the results of an evaluation of an applicant’s language proficiency by a designated organization or institution and the correlation of those results with the benchmarks in accordance with the Regulations are conclusive evidence of the applicant’s proficiency in the official languages of Canada.

Minimal requirements

9. (1) Subject to section 12, an application by a foreign national for a permanent resident visa as a member of the start-up business class must be refused and no further assessment is required if the applicant does not meet the requirements of subsection 2(2).

Multiple applicants

(2) If there is more than one applicant in respect of the same business and one of the applicants, who was identified in the commitment as being essential to the business, is refused a permanent resident visa for any reason, the other applicants must be considered not to have met the requirements of subsection 2(2) and their applications must also be refused.

Application for visa

(3) If a foreign national makes an application referred to in subsection (1), an officer must issue the visa to the foreign national and their accompanying family members if the foreign national and their family members, whether accompanying or not, are not inadmissible and meet the requirements of the Act, the provisions of the Regulations applicable to the start-up business class and these Instructions.

Production of other documents

10. For the purposes of evaluating an application referred to in subsection 9(1), an officer may, in addition to the documentation listed in subsection 8(1), require the production of documentation relating to the applicant, the commitment and the program or business that is in the possession or control of the applicant or the entity making the commitment.

Peer review

11. (1) An officer may request that a commitment in respect of a qualifying business in an application referred to in subsection 9(1) be independently assessed by a peer review panel established under an agreement referred to in section 3 by an industry association representing the type of entity making the commitment.

Grounds for review

(2) A request referred to in subsection (1) may be made if the officer is of the opinion that such an assessment would assist in the application process. It may also be made on a random basis.

Independent assessment

(3) The peer review panel must provide the officer with its assessment of whether due diligence was performed by the entity that made the commitment.

Final decision

(4) The officer must consider the assessment provided by the peer review panel, but is not bound by it when making a decision as to whether the applicant meets the requirements of these Instructions.

Status of peer review panel

(5) For greater certainty, a peer review panel is considered not to be under the control of the Minister in respect of any matter relating to these Instructions.

Substituted evaluation

12. (1) Whether or not an applicant meets the requirements set out in subsection 2(2), an officer may substitute their evaluation of the applicant’s ability to become economically established in Canada if those requirements are not a sufficient indicator of whether the applicant will become economically established in Canada.

Exception

(2) Despite subsection (1), if an applicant does not meet the requirement set out in paragraph 2(2)(a), an officer is not authorized under that subsection to substitute a positive evaluation of the applicant’s ability to become economically established in Canada.

Concurrence

(3) An evaluation made under subsection (1) requires the written concurrence of a second officer.

Processing fees

13. The following fees are payable for processing an application for a permanent resident visa in respect of the start-up business class:

  • (a) in respect of a principal applicant, $1,050;
  • (b) in respect of a family member of the principal applicant who is 22 years of age or older or is less than 22 years of age and is a spouse or common-law partner, $550; and
  • (c) in respect of a family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner, $150.

Non-application

14. (1) The following provisions of the Regulations do not apply to the start-up business class:

  • (a) sections 108 and 109; and
  • (b) paragraph 295(1)(c).

Application of section 107 of Regulations

(2) Section 107 of the Regulations applies to the start-up business class, with such modifications as the circumstances require.

Effective period

15. These Instructions have effect during the period beginning on April 1, 2013, and ending on March 31, 2018.

SCHEDULE 1
(Paragraph 4(a))

DESIGNATED ANGEL INVESTOR GROUPS
  • Angel One Network Inc.
  • First Angel Network Association
  • Golden Triangle Angel Network

SCHEDULE 2
(Paragraph 4(b))

DESIGNATED VENTURE CAPITAL FUNDS
  • Advantage Growth (No.2) L.P.
  • BDC Venture Capital
  • Blackberry Partners Fund II LP (d.b.a. Relay Ventures Fund II)
  • Celtic House Venture Partners Fund III L.P.
  • Celtic House Venture Partners Fund IV LP
  • DRI Capital Inc.
  • Golden Opportunities Fund Inc.
  • INOVIA CAPITAL INC.
  • New Brunswick Innovation Foundation Inc.
  • Northwater Intellectual Property Fund
  • OMERS Ventures Management Inc.
  • Ontario SME Capital Corporation
  • Panagea Ventures Fund III, LP
  • PRIVEQ III Limited Partnership
  • PRIVEQ IV Limited Partnership
  • Quorum Investment Pool Limited Partnership
  • Quorum Secured Equity Trust
  • Rho Canada Ventures
  • Summerhill Venture Partners Management Inc.
  • Tandem Expansion Management Inc.
  • Vanedge Capital Limited Partnership
  • Version One Ventures
  • Wellington Financial LP
  • Westcap Mgt. Ltd.
  • Yaletown Venture Partners Inc.

[13-1-o]

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to certain organic flame retardant substances

Pursuant to paragraph 71(1)(b) of the Canadian Environmental Protection Act, 1999, notice is hereby given that the Minister of the Environment requires, for the purpose of assessing whether the substances listed in Schedule 1 to this notice are toxic or are capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control the listed substances, any person described in Schedule 2 to this notice who possesses or who may reasonably be expected to have access to the information required in Schedule 3 to this notice, to provide that information no later than July 30, 2013, 5 p.m., Eastern Daylight Saving Time.

Responses to this notice shall be submitted to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3. Inquiries concerning the notice may be directed to the Substances Management Coordinator at the above address, at 1-800-567-1999 (toll free in Canada) or 819-953-7156 (outside of Canada) [telephone], 819-953-7155 (fax), or substances@ec.gc.ca (email).

Pursuant to section 313 of the Act, any person who provides information in response to this notice may submit, with the information, a written request that the information or part of it be treated as confidential.

Pursuant to subsection 71(4) of the Act, the Minister of the Environment may, on request in writing from any person to whom this notice applies, extend the time or times within which the person shall comply with this notice. The person seeking such extension shall submit a request to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3.

VINCENZA GALATONE
Acting Director General
Chemicals Sector Directorate
DAVID MORIN
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

SCHEDULE 1

Substances

Part 1 Substances

CAS RN (see footnote *)

Name of the Substance

Common Name

108-78-1

1,3,5-Triazine-2,4,6-triamine

Melamine

3278-89-5

Benzene, 1,3,5-tribromo-2-(2-propenyloxy)-

ATE

13560-89-9

1,4:7,10-Dimethanodibenzo[a,e]cyclooctene, 1,2,3,4,7,8,9,10,13,13,14,14-dodecachloro-1,4,4a,5,6,6a,7,10,10a,11,12,12a-dodecahydro-

Dechlorane Plus

13674-87-8

2-Propanol, 1,3-dichloro-, phosphate (3:1)

TDCPP

26040-51-7

1,2-Benzenedicarboxylic acid, 3,4,5,6-tetrabromo-, bis(2-ethylhexyl) ester

TBPH

32588-76-4

1H-Isoindole-1,3(2H)-dione, 2,2′-(1,2-ethanediyl)bis[4,5,6,7-tetrabromo-

EBTBP

84852-53-9

Benzene, 1,1′-(1,2-ethanediyl)bis[2,3,4,5,6-pentabromo-

DBDPE

183658-27-7

Benzoic acid, 2,3,4,5-tetrabromo-, 2-ethylhexyl ester

TBB

Part 2 Substances

CAS RN (see footnote **)

Name of the Substance

Common Name

1330-78-5

Phosphoric acid, tris(methylphenyl) ester

TCP

13674-84-5

2-Propanol, 1-chloro-, phosphate (3:1)

TCPP

SCHEDULE 2

Persons Required to Provide Information

  1. This notice applies to any person who, during the 2011 calendar year, manufactured a total quantity greater than 100 kg of a substance listed in Schedule 1 to this notice, at any concentration.
  2. This notice applies to any person who, during the 2011 calendar year, imported a total quantity greater than 100 kg of a substance listed in Schedule 1 to this notice, at any concentration
    • (a) whether alone, in a mixture or in a product; or
    • (b) in a manufactured item that is
      • (i) intended to be used by or for children under the age of six years,
      • (ii) cookware, or a cooking or serving utensil that is intended to come into direct contact with heated food in a residence, unless the component that comes into direct contact with heated food is made of glass, stainless steel or porcelain,
      • (iii) a clothing, a footwear or a sleeping bag,
      • (iv) a bedding intended to be used in a residence,
      • (v) a furniture intended to be used in a residence,
      • (vi) a furnishing intended to be used in a residence, if the substance is contained in a foam or a textile,
      • (vii) a carpet, a vinyl or laminate flooring, or a foam underlay for flooring, intended to be used in a residence,
      • (viii) an electronic, or electrical appliance or equipment, intended to be used in a residence.
  3. This notice applies to any person who, during the 2011 calendar year, imported a total quantity greater than 100 kg of 1,3,5-Triazine-2,4,6-triamine (CAS RN 108-78-1), at any concentration, in a food packaging intended to come into direct contact with food.
  4. This notice applies to any person who, during the 2011 calendar year, used a total quantity greater than 1 000 kg of a substance listed in Schedule 1 to this notice, whether the substance is
    • (a) used alone in the manufacture of a mixture, a product, or a manufactured item; or
    • (b) used in a mixture, at any concentration, in the manufacture of a mixture, a product, or a manufactured item.
  5. This notice does not apply to a substance listed in Schedule 1, whether alone, in a mixture, in a product or in a manufactured item that is
    • (a) in transit through Canada; or
    • (b) contained in a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act where that pest control product is registered under the Pest Control Products Act.
  6. Respondents to this notice who
    • (a) manufactured a substance listed in Part 1 of Schedule 1 shall complete sections 5, 6, 7, 9, 10, 12 and 13 in Schedule 3;
    • (b) manufactured a substance listed in Part 2 of Schedule 1 shall complete sections 5, 6, 7, 9, 10, 11, 12 and 13 in Schedule 3;
    • (c) imported a substance listed in Part 1 of Schedule 1 shall complete sections 5, 6, 7, 9, 10 and 12 in Schedule 3;
    • (d) imported a substance listed in Part 2 of Schedule 1 shall complete sections 5, 6, 7, 9, 10, 11 and 12 in Schedule 3;
    • (e) used a substance listed in Part 1 of Schedule 1 shall complete sections 5, 6, 8, 9, 10, 12 and 13 in Schedule 3; or
    • (f) used a substance listed in Part 2 of Schedule 1 shall complete sections 5, 6, 8, 9, 10, 11, 12 and 13 in Schedule 3.

SCHEDULE 3

Information Required

1. The definitions in this section apply in this notice.

  • “calendar year” means a period of 12 consecutive months commencing on January 1st.
  • “manufacture” includes to produce or to prepare a substance, and also the incidental production of a substance.
  • “manufactured item” means an item that is formed into a specific physical shape or design during manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design.
  • “mixture” means a combination of substances that does not produce a substance that is different from the substances that were combined, including a prepared formulation, hydrate, and reaction mixture that are characterized in terms of their constituents.
  • “product” excludes mixture and manufactured item.

2. If the person subject to the notice is a company who owns more than one facility, a single response to the notice shall be submitted. The single response shall amalgamate the information from all facilities owned by the company for each applicable question in the notice, unless otherwise indicated.

3. Where information required under Schedule 3 to this notice was submitted to the Minister of the Environment, after January 1, 2001, it may be relied on as a response to any question in Schedule 3 to this notice if

  • (a) the information previously submitted is applicable to the 2011 calendar year;
  • (b) the information meets the requirements of the specific question;
  • (c) the person agrees that the previously submitted information referred to is their response to the specified provision of Schedule 3 to this notice; and
  • (d) the person provides the following information:
    • (i) the CAS RN of the substance(s) to which the submitted information relates,
    • (ii) the specific section, subsection, or paragraph to this notice to which the submitted information relates,
    • (iii) for each CAS RN, the title or description of the submitted information,
    • (iv) the date on which the information was submitted,
    • (v) the name of the person who submitted the information, and
    • (vi) the program and individuals at Environment Canada to which the information was submitted.

4. Where information required under Schedule 3 to this notice was submitted for 1,3,5-Triazine-2,4,6-triamine (CAS RN 108-78-1) to Health Canada, it may be relied on as a response to any question in Schedule 3 to this notice if

  • (a) the information previously submitted is applicable to the 2011 calendar year;
  • (b) the information meets the requirements of the specific question;
  • (c) the person agrees that the previously submitted information referred to is their response to the specified provision of Schedule 3 to this notice; and
  • (d) the person provides the following information:
    • (i) the specific section, subsection, or paragraph to this notice to which the submitted information relates,
    • (ii) the title or description of the submitted information
    • (iii) the date on which the information was submitted,
    • (iv) the name of the person who submitted the information, and
    • (v) the program and individuals at Health Canada to which the information was submitted.

5. Persons to whom this notice applies shall provide the following information:

Identification and Declaration Form
Identification

Name of the person (e.g. company): _________________________________________________________

Canadian head office street address (and mailing address, if different from the street address): ____________________________________________

_________________________________________________________

_________________________________________________________

Federal Business Number (see footnote ***): _________________________________________________________

Contact name for CEPA 1999 section 71 notices: _________________________________________________________

Title of the contact: _________________________________________________________

Contact’s mailing address (if different from above): _________________________________________________________

_________________________________________________________

_________________________________________________________

Telephone number: _______________________

Fax number (if any): ______________________

Email (if any): _________________________________________________________

Request for Confidentiality

Check box Pursuant to section 313 of the Canadian Environmental Protection Act, 1999, I request that the following parts of the information that I am submitting be treated as confidential. (Specify the parts [e.g. sections, tables, attachments, previously submitted unpublished studies or data] of the information that you request be treated as confidential.)

 _________________________________________________________

 _________________________________________________________

Check box I do not request that the information that I am submitting be treated as confidential and I consent to it being released without restriction.

I declare that the information that I am submitting is accurate and complete.

__________________________________________
Name (print)

__________________________________________
Title

__________________________________________
Signature

__________________________________________
Date of signature

Provide the information no later than July 30, 2013, 5 p.m. Eastern Daylight Saving Time, to the Minister of the Environment, to the attention of the Substances Management
Coordinator Chemicals Management Plan
200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3
Email: Substances@ec.gc.ca
Telephone: 1-800-567-1999 (toll free in Canada) or
1-819-953-7156 (outside of Canada)
Fax: 819-953-7155
www.chemicalsubstanceschimiques.gc.ca

6. For each substance listed in Schedule 1 that a person manufactured, imported or used during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the CAS RN of the substance;
  • (b) the name of the substance;
  • (c) each applicable six-digit North American Industry Classification System (NAICS (see footnote 1) code; and
  • (d) the quantity of the substance manufactured, imported, used, or exported, reported in kilograms (rounded to two significant digits).

(a) CAS RN

(b) Name of substance

(c) NAICS (see footnote 2) code(s)

(d) Quantity of the substance in kg (rounded to two significant digits)

     

Manufactured in 2011

Imported in 2011

Used in 2011

Exported in 2011

             
             

Attach supplementary sheets, if necessary.

7. (1) For each substance listed in Schedule 1 that a person manufactured or imported, but did not use, during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the CAS RN of the substance; and
  • (b) the applicable substance function code(s) set out in section 14.

7. (2) Where code U999 is applicable for paragraph (1)(b), a written description of the substance function must be provided.

(a) CAS RN

(b) Applicable substance function code(s) [set out in section 14]

   
   

Attach supplementary sheets, if necessary.

8. (1) For each substance listed in Schedule 1 that a person used during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the CAS RN of the substance;
  • (b) the applicable substance function code(s) set out in section 14;
  • (c) for each applicable substance function code, the total quantity of the substance reported in kilograms (rounded to two significant digits);
  • (d) for a substance used as per the substance function code U011 (flame retardant), whether the substance is incorporated in the material physically (additive flame retardant), by indicating “yes” or “no;” and
  • (e) for a substance used as per the substance function code U011 (flame retardant), whether the substance is incorporated in the material chemically (reactive flame retardant), by indicating “yes” or “no.”

8. (2) Where code U999 is applicable for paragraph (1)(b), a written description of the substance function must be provided.

(a) CAS RN

(b) Applicable substance function code(s) [set out in section 14]

(c) Total quantity of the substance reported in kilograms (rounded to two significant digits)

(d) Whether the substance is incorporated in the material physically (additive flame retardant) [Indicate “yes” or “no”]

(e) Whether the substance is incorporated in the material chemically (reactive flame retardant) [Indicate “yes” or “no”]

         
         

Attach supplementary sheets, if necessary.

9. (1) For each substance listed in Schedule 1 that a person manufactured, imported or used during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the CAS RN of the substance;
  • (b) the applicable consumer and commercial code(s) set out in section 15;
  • (c) for each applicable consumer and commercial code, the total quantity of the substance reported in kilograms (rounded to two significant digits);
  • (d) for each applicable consumer and commercial code, the description and the common or generic name of the known or anticipated final substance, mixture, product or manufactured item containing the substance;
  • (e) for each applicable consumer and commercial code, the concentration, or range of concentrations, of the substance by weight (w/w%) in the known or anticipated final substance, mixture, product or manufactured item containing the substance;
  • (f) for each applicable consumer and commercial code, whether any known or anticipated final substance, mixture, product or manufactured item containing the substance is intended for use in commercial activities, by indicating “yes” or “no;”
  • (g) for each applicable consumer and commercial code, whether any known or anticipated final substance, mixture, product or manufactured item containing the substance is intended for use in consumer activities, by indicating “yes” or “no;” and
  • (h) for each applicable consumer and commercial code, whether any known or anticipated final substance, mixture, product or manufactured item containing the substance is intended for use by or for children, by indicating “yes” or “no.”

9. (2) Where code C999 is applicable for paragraph (1)(b), a written description of the mixture, product, or manufactured item must be provided.

(a) CAS RN

(b) Consumer and commercial code(s) (set out in section 15)

(c) Total quantity of the substance reported in kg (rounded to two significant digits)

(d) Description and the common or generic name of the known or anticipated final substance, mixture, product or manufactured item containing the substance

(e) Concentration, or range of concentrations, of the substance by weight (w/w%) in the known or anticipated final substance, mixture, product or manufactured item containing the substance

(f) Whether any known or anticipated final substance, mixture, product or manufactured item containing the substance is intended for use in commercial activities (Indicate “yes” or “no”)

(g) Whether any known or anticipated final substance, mixture, product or manufactured item containing the substance is intended for use in consumer activities (Indicate “yes” or “no”)

(h) Whether any known or anticipated final substance, mixture, product or manufactured item containing the substance is intended for use by or for children (Indicate “yes” or “no”)

               
               

Attach supplementary sheets, if necessary.

10. (1) For each substance listed in Schedule 1 that a person manufactured, imported or used during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information from any calendar year:

  • (a) the CAS RN of the substance;
  • (b) any unpublished data or studies on the substance with regard to any of the following:
    • (i) ecological study endpoints:
      • (A) acid disassociation constant,
      • (B) melting point,
      • (C) boiling point,
      • (D) vapour pressure,
      • (E) water solubility,
      • (F) octanol-water partition coefficient,
      • (G) organic carbon-water partition coefficient,
      • (H) biodegradation,
      • (I) bioaccumulation factor, bioconcentration factor and biomagnification factor,
      • (J) ecotoxicity (experimental acute and chronic studies for pelagic, benthic and terrestrial organisms),
      • (K) environmental monitoring and presence,
      • (L) chemical transformation, and
      • (M) leaching potential, and
    • (ii) human health study endpoints indicated by an x in the Endpoints Table below:

Human Health Study Endpoints Table

CAS RN

Acute toxicity (oral)

Acute toxicity (dermal)

Acute toxicity (inhalation)

Short-term (oral)

Short-term (dermal)

Short-
term (inhalation)

Subchronic (oral)

Part 1 Substances

108-78-1

       

x

x

 

3278-89-5

x

x

x

x

x

x

x

13560-89-9

             

13674-87-8

         

x

 

26040-51-7

   

x

 

x

x

x

32588-76-4

       

x

x

 

84852-53-9

   

x

 

x

x

 

183658-27-7

x

x

x

x

x

x

x

Part 2 Substances

1330-78-5

 

x

x

 

x

x

 

13674-84-5

       

x

x

 

CAS RN

Subchronic (dermal)

Subchronic (inhalation)

Carcinogenicity

Genotoxicity in vitro

Genotoxicity in vivo

Part 1 Substances

108-78-1

x

x

   

x

3278-89-5

x

x

x

x

x

13560-89-9

x

x

x

 

x

13674-87-8

 

x

   

x

26040-51-7

x

x

x

   

32588-76-4

x

x

x

 

x

84852-53-9

x

x

x

 

x

183658-27-7

x

x

x

x

x

Part 2 Substances

1330-78-5

x

x

   

x

13674-84-5

x

x

x

 

x

CAS RN

Developmental/
reproductivity

Second Generation development and reproductivity

Irritation and sensitization

Absorption, distribution, metabolism and excretion

Biomonitoring

Part 1 Substances

108-78-1

x

x

   

x

3278-89-5

x

x

x

x

x

13560-89-9

 

x

x

 

x

13674-87-8

x

x

 

x

x

26040-51-7

x

x

 

x

x

32588-76-4

 

x

x

 

x

84852-53-9

 

x

   

x

183658-27-7

x

x

x

x

x

Part 2 Substances

1330-78-5

     

x

x

13674-84-5

     

x

x


  • (c) the study title(s) for the data or studies submitted in paragraph (b).

(a) CAS RN

(b) Unpublished data or studies submitted in paragraph (b) (Indicate corresponding data types of the submitted data or studies for each CAS RN)

(c) Study title(s) for the data or studies submitted in paragraph (b)

     
     

Attach supplementary sheets, if necessary.

10. (2) For each substance listed in Schedule 1 that a person manufactured, imported or used during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information from any calendar year:

  • (a) the CAS RN of the substance; and
  • (b) the study title(s) of any additional unpublished data or studies not listed in paragraph (1)(b), on the substance with regard to physical-chemical properties, bioaccumulation, persistence, toxicity, metabolism, degradation, release or disposal of the substance from the final mixture, product or manufactured item.

(a) CAS RN

(b) Study title(s) for additional unpublished data or studies not listed in paragraph (1)(b)

   
   

Attach supplementary sheets, if necessary.

11. For each substance listed in Part 2 of Schedule 1 that a person manufactured, imported or used during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the CAS RN of the substance;
  • (b) the chemical identity or CAS RN of the components of the substance;
  • (c) the concentration, or range of concentrations, of each component listed in paragraph (b) as a weight percentage expressed as w/w%; and
  • (d) the supporting analytical data and method used to identify the components listed in paragraph (b).

(a) CAS RN

(b) Chemical identity or CAS RN of the components of the substance

(c) Concentration or range of concentrations of each component listed in paragraph (b) (w/w%)

(d) Supporting analytical data and method used to identify the components listed in paragraph (b)

       
       

Attach supplementary sheets, if necessary.

12. (1) For each substance listed in Schedule 1 that a person manufactured, imported or used during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the CAS RN of the substance;
  • (b) the names, and street addresses of the facility or facilities where the substance was manufactured, used, or imported to;
  • (c) for each facility, a description of environmental monitoring activities for the substance, including monitoring frequency and methodology;
  • (d) for each facility, whether used storage or transportation containers containing the substance, either alone or in a mixture, were cleaned on site by indicating “yes” or “no;”
  • (e) for each facility, a description of the waste-management practices, policies or technological solutions in place to prevent or minimize releases of the substance to the environment, including unintended releases, or to prevent or minimize the potential exposure of individuals in Canada to the substance;
  • (f) for each facility, the total quantity of the substance manufactured or acquired, reported in kilograms (rounded to two significant digits);
  • (g) for each facility, the total quantity of the substance that was released from the facility to air, water or land, reported in kilograms (rounded to two significant digits);
  • (h) for each facility, the source of releases to air, water or land;
  • (i) for each facility, the total quantity of the substance that was treated on-site, or was transferred to an off-site hazardous or non-hazardous waste-management facility, reported in kilograms (rounded to two significant digits); and
  • (j) the name, street address, contact name and phone number for the off-site hazardous or non-hazardous waste-management facility to which the substance or used containers containing the substance were transferred.

12. (2) For the purpose of paragraphs (1)(g) and (1)(h), releases to water include direct discharges to surface water or wastewater collection or treatment systems, and releases to land include underground injection.

(a) CAS RN

(b) Names, and street addresses of the facility or facilities

(c) Description of environmental monitoring activities for the substance, including monitoring frequency and methodology

(d) Whether used storage or transportation containers containing the substance, either alone or in a mixture, were cleaned on-site (indicate “yes” or “no”)

(e) Description of the waste management practices, policies or technological solutions in place to prevent or minimize releases of the substance to the environment, including unintended releases, or to prevent or minimize the potential exposure of individuals in Canada to the substance

(f) Total quantity of the substance manufactured or acquired, reported in kilograms (rounded to two significant digits)

           
           

(g) Total quantity released to air, water or land, reported in kilograms (rounded to two significant digits)

(h) Source of releases to air, water or land

(i) Total quantity treated on-site or transferred to an off-site waste management facility, reported in kilograms (rounded to two significant digits)

(j) Name, street address, contact name and phone number for off-site hazardous or non-hazardous waste management facility to which the substance or used containers were transferred

Air

Water

Land

On-site waste treatment

Off-site hazardous waste

Off-site non-hazardous waste

               
               

Attach supplementary sheets, if necessary.

13. (1) For each substance listed in Schedule 1 that a person manufactured or used during the 2011 calendar year, for which the criteria set out in Schedule 2 have been met, the person shall provide the following information:

  • (a) the CAS RN of the substance;

  • (b) the names and street addresses of the facility or facilities where the substance was manufactured or used; and

  • (c) for each facility, a summary of the manufacturing or the use process including the nature of the process, identifying major steps in the operation and chemical conversions.

13. (2) In responding to paragraph (1)(c), one summary per manufacturing or use process can be used for all of the substances related to that process.

(a) CAS RN

(b)
Names and street addresses of the facility or facilities where the substance was manufactured or used

(c)
Summary of the manufacturing or the use process including the nature of the process, identifying major steps in the operation and chemical conversions

     
     

Attach supplementary sheets, if necessary.

14. For the purposes of sections 7 and 8, the following are the substance function codes and their corresponding descriptions.

Substance Function Codes and Corresponding Descriptions

Substance function codes

Title

Description

U001

Abrasives

Substances used to wear down or polish surfaces by rubbing against the surface.

U002

Adhesives and sealant substances

Substances used to promote bonding between other substances, promote adhesion of surfaces, or prevent seepage of moisture or air.

U003

Adsorbents and absorbents

Substances used to retain other substances by accumulation on their surface or by assimilation.

U004

Agricultural substances (non-pesticidal)

Substances used to increase the productivity and quality of farm crops.

U005

Anti-adhesive agents

Substances used to prevent bonding between other substances by discouraging surface attachment.

U006

Bleaching agents

Substances used to lighten or whiten a substrate through chemical reaction, usually an oxidative process which degrades the colour system.

U007

Corrosion inhibitors and antiscaling agents

Substances used to prevent or retard corrosion or the formation of scale.

U008

Dyes

Substances used to impart colour to other materials or mixtures by penetrating into the surface of the substrate.

U009

Fillers

Substances used to provide bulk, increase strength, increase hardness, or improve resistance to impact.

U010

Finishing agents

Substances used to impart such functions as softening, static-proofing, wrinkle resistance, and water repellence.

U011

Flame retardants

Substances used on the surface of or incorporated into combustible materials to reduce or eliminate their tendency to ignite when exposed to heat or a flame.

U012

Fuels and fuel additives

Substances used to create mechanical or thermal energy through chemical reactions, or which are added to a fuel for the purpose of controlling the rate of reaction or limiting the production of undesirable combustion products, or which provide other benefits such as corrosion inhibition, lubrication, or detergency.

U013

Functional fluids (closed systems)

Liquid or gaseous substances used for one or more operational properties in a closed system. This code does not include fluids used as lubricants.

U014

Functional fluids (open systems)

Liquid or gaseous substances used for one or more operational properties in an open system.

U015

Intermediates

Substances consumed in a reaction to produce other substances for commercial advantage.

U016

Ion exchange agents

Substances that are used to selectively remove targeted ions from a solution. This code also includes aluminosilicate zeolites.

U017

Lubricants and lubricant additives

Substances used to reduce friction, heat, or wear between moving parts or adjacent solid surfaces, or that enhance the lubricity of other substances.

U018

Odour agents

Substances used to control odours, remove odours, mask odours, or impart odours.

U019

Oxidizing or reducing agents

Substances used to alter the valence state of another substance by donating or accepting electrons or by the addition or removal of hydrogen to a substance.

U020

Photosensitive substances

Substances used for their ability to alter their physical or chemical structure through absorption of light, resulting in the emission of light, dissociation, discoloration, or other chemical reaction.

U021

Pigments

Substances used to impart colour to other materials or mixtures by attaching themselves to the surface of the substrate through binding or adhesion.

U022

Plasticizers

Substances used in plastics, cement, concrete, wallboard, clay bodies, or other materials to increase their plasticity or fluidity.

U023

Plating agents and surface treating agents

Substances applied to metal, plastic, or other surfaces to alter physical or chemical properties of the surface.

U024

Process regulators

Substances used to change the rate of a reaction, start or stop the reaction, or otherwise influence the course of the reaction.

U025

Processing aids, specific to petroleum production

Substances added to water, oil, or synthetic drilling muds or other petroleum production fluids to control foaming, corrosion, alkalinity and pH, microbiological growth or hydrate formation, or to improve the operation of processing equipment during the production of oil, gas, and other products or mixtures from beneath the earth’s surface.

U026

Processing aids, not otherwise covered in this table

Substances used in applications other than the production of oil, gas, or geothermal energy to control foaming, corrosion, or alkalinity and pH, or to improve the operation of processing equipment.

U027

Propellants and blowing agents

Substances used to dissolve or suspend other substances and either to expel those substances from a container in the form of an aerosol or to impart a cellular structure to plastics, rubber, or thermo set resins.

U028

Solids separation agents

Substances used to promote the separation of suspended solids from a liquid.

U029

Solvents (for cleaning or degreasing)

Substances used to dissolve oils, greases and similar materials from textiles, glassware, metal surfaces, and other articles.

U030

Solvents (which become part of formulation or mixture)

Substances used to dissolve another substance to form a uniformly dispersed solution at the molecular level.

U031

Surface active agents

Substances used to modify surface tension when dissolved in water or water solutions, or reduce interfacial tension between two liquids or between a liquid and a solid or between liquid and air.

U032

Viscosity adjustors

Substances used to alter the viscosity of another substance.

U033

Laboratory substances

Substances used in a laboratory for chemical analysis, chemical synthesis, extracting and purifying other chemicals, dissolving other substances, and similar activities.

U034

Paint additives and coating additives not otherwise covered in this table

Substances used in a paint or coating formulation to enhance properties such as water repellence, increased gloss, improved fade resistance, ease of application or foam prevention.

U061

Pest control substances

Substances used as active ingredients or formulants in products, mixtures or manufactured items used for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects.

U999

Other (specify)

Substances with a substance function not otherwise described in this table. A written description of the substance function must be provided when using this code.

15. For the purpose of section 9, the following tables set out the consumer and commercial codes and their corresponding descriptions:

Table 1: Furnishings, cleaning, treatment or care

Consumer and commercial codes

Title

Description

C101

Floor coverings

Substances contained in floor coverings.

C102

Foam seating and bedding

Substances contained in foam mattresses, pillows, cushions, and any seating, furniture and furnishings containing foam.

C103

Furniture and furnishings not otherwise covered in this table

Substances contained in furniture and furnishings made from metal, wood, leather, plastic or other materials.

C104

Fabric, textile and leather articles not otherwise covered in this table

Substances contained in fabric, textile and leather products to impart color and other desirable properties such as water, soil and stain repellence, wrinkle resistance, or flame resistance.

C105

Cleaning and furnishing care

Substances contained in products, mixtures or manufactured items that are used to remove dirt, grease, stains, and foreign matter from furniture and furnishings, or to cleanse, sanitize, bleach, scour, polish, protect, or improve the appearance of surfaces.

C106

Laundry and dishwashing

Substances contained in laundry and dishwashing products, mixtures or manufactured items.

C107

Water treatment

Substances contained in water treatment products, mixtures or manufactured items that are designed to disinfect, reduce contaminants or other undesirable constituents, and condition or improve the aesthetics of water.

C108

Personal care

Substances contained in personal care products, mixtures or manufactured items that are used for cleansing, grooming, improving or altering skin, hair, or teeth.

C109

Air care

Substances contained in products, mixtures or manufactured items that are used to odorize or deodorize indoor air in homes, offices, motor vehicles, and other enclosed spaces.

C110

Apparel and footwear care

Substances contained in apparel and footwear care products, mixtures or manufactured items that are applied post-market.

C160

Pet care

Substances contained in pet care products, mixtures or manufactured items that are used for cleansing, grooming, improving or altering skin, hair or teeth.

Table 2: Construction, paint, electrical or metal

Consumer and commercial codes

Title

Description

C201

Adhesives and sealants

Substances contained in adhesive or sealant products or mixtures used to fasten other materials together or prevent the passage of liquid or gas.

C202

Paints and coatings

Substances contained in paints or coatings.

C203

Building or construction materials — Wood and engineered wood

Substances contained in building and construction materials made of wood and pressed or engineered wood products, mixtures or manufactured items.

C204

Building or construction materials not otherwise covered in this table

Substances contained in building and construction materials not otherwise covered in this table.

C205

Electrical and electronics

Substances contained in electrical and electronic products, mixtures or manufactured items.

C206

Metal materials not otherwise covered in this table

Substances contained in metal products, mixtures or manufactured items not otherwise covered in this table.

C207

Batteries

Substances contained in non-rechargeable and rechargeable batteries including dry and wet cell units that store energy.

Table 3: Packaging, paper, plastic or hobby

Consumer and commercial codes

Title

Description

C301

Food packaging

Substances contained in single or multi-layered packaging consisting of paper, plastic, metal, foil or other materials which have or may have direct contact with food.

C302

Paper products, mixtures or manufactured items

Substances contained in paper products, mixtures or manufactured items.

C303

Plastic and rubber materials not otherwise covered in this table

Substances contained in rubber and plastic products, mixtures or manufactured items not otherwise covered in this table.

C304

Toys, playground and sporting equipment

Substances contained in toys, playground, and sporting equipment made of wood, metal, plastic or fabric.

C305

Arts, crafts and hobby materials

Substances contained in arts, crafts, and hobby materials.

C306

Ink, toner and colourants

Substances contained in ink, toners and colourants used for writing, printing, creating an image on paper; and substances contained in other substrates, or applied to substrates to change their colour or hide images.

C307

Photographic supplies, film and photo-chemicals

Substances contained in photographic supplies, film, photo-processing substances, and photographic paper.

Table 4: Automotive, fuel, agriculture or outdoor use

Consumer and commercial codes

Title

Description

C401

Automotive care

Substances contained in products, mixtures or manufactured items used in automotive cleaning and care of exterior and interior vehicle surfaces.

C402

Lubricants and greases

Substances contained in products, mixtures or manufactured items to reduce friction, heat generation and wear between solid surfaces.

C403

Anti-freeze and de-icing

Substances added to fluids to reduce the freezing point of the mixture, or substances applied to surfaces to melt or prevent buildup of ice.

C404

Fuels and related products, mixtures or manufactured items

Substances burned to produce heat, light or power, or added to inhibit corrosion, provide lubrication, increase efficiency of use, or decrease production of undesirable by-products.

C405

Explosive materials

Substances capable of producing a sudden expansion, usually accompanied by the production of heat and large changes in pressure upon ignition.

C406

Agricultural products, mixtures or manufactured items (non-pesticidal)

Substances used to increase the productivity and quality of plants, animals or forestry crops, produced on a commercial scale.

C407

Lawn and garden care

Substances contained in lawn, garden, outdoor or potted plant, and tree care products, mixtures or manufactured items.

C461

Pest control

Substances contained in any product, mixture or manufactured item for directly or indirectly controlling, preventing, destroying, mitigating, attracting, or repelling any pest.

C462

Automotive, aircraft and transportation

Substances contained in automobiles, aircraft and other types of transportation, or used in their manufacture.

Table 5: Items for food, health or tobacco

Consumer and commercial codes

Title

Description

C562

Food and beverage

Substances contained in food and beverage products, mixtures or manufactured items.

C563

Drugs

Substances contained in prescription and non-prescription drugs intended for humans or animals.

C564

Natural health

Substances contained in natural health products, mixtures or manufactured items intended for humans or animals.

C565

Medical devices

Substances contained in products, mixtures or manufactured items used for either the diagnosis, treatment, mitigation or prevention of a disease, disorder, or an abnormal physical state; or those used in restoring, correcting or modifying organic functions in humans or animals.

C566

Tobacco products, mixtures or manufactured items

Substances contained in a product, mixtures or manufactured items composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves.

Table 6: Products, mixtures or manufactured items not described by other codes

Consumer and commercial codes

Title

Description

C999

Other (specify)

Substances contained in products, mixtures or manufactured items that are not described within any other consumer and commercial code. A written description of the product, mixture or manufactured item must be provided when using this code.

EXPLANATORY NOTE

(This note is not part of the notice.)

On October 8, 2011, the Minister of the Environment and the Minister of Health announced, as part of the second phase of the Chemicals Management Plan (CMP 2), in the Canada Gazette, Part Ⅰ, Vol. 145, No. 41, that nine groupings of substances including approximately 500 substances have been selected as priorities for action, and planned to be assessed and managed, where appropriate, over the next five years. These substances have been selected for further action based on the categorization exercise completed in 2006, and new information received as part of the first phase of the Chemicals Management Plan.

A grouping of certain organic flame retardant substances will be assessed and is part of this notice. This grouping of substances is based on similar function — application to materials to prevent the ignition and spread of fire. Additionally, some of these substances are potential alternatives for substances currently subject to controls or considered for controls in Canada. Therefore, potential risk management efficiencies could be achieved through the assessment of flame retardants as a grouping leading to informed substitution and less duplication of effort. Some of these substances may also serve functions other than flame retardancy.

The Notice with respect to certain organic flame retardant substances applies to this grouping, for which information is required. The information collected from this notice will inform the risk assessment and, if necessary, risk management for this grouping of substances.

Pursuant to subsection 71(3) of the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”), every person to whom this notice applies is required to comply with this notice within the time specified in the notice. The time specified in this notice is July 30, 2013, 5 p.m. Eastern Daylight Saving Time.

Persons not subject to this notice, who have a current or future interest in a substance listed in Schedule 1 to this notice, may identify themselves as “stakeholders” for the substance by completing the voluntary Stakeholder Interest form. The form allows the person to provide information that would be beneficial to inform the risk assessment and management of the substances. The person will be included in future mailings regarding these substances and may be contacted for further information regarding their interest in these substances. This form is available via Environment Canada’s Single Window on the Chemical Substances Web site at www.chemicalsubstanceschimiques.gc.ca.

Persons who do not meet the requirements to respond and have no commercial interest in the substances covered by this notice may complete a Declaration of Non-Engagement form. The form is available via Environment Canada’s Single Window on the Chemical Substances Web site at www.chemicalsubstanceschimiques.gc.ca.

The Minister of the Environment and the Minister of Health are also inviting the submission of additional information that is deemed beneficial by interested stakeholders. Organizations that may be interested in submitting additional information in response to this invitation include those that manufacture, import, export or use this substance whether alone, in a mixture, in a product or in a manufactured item.

Compliance with the Act is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. Amendments to the fine scheme of the Act came into force on June 22, 2012. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence under the Act. Offences include the offence of failing to comply with an obligation arising from the Act and the offence of providing false or misleading information. Penalties for offences can be, upon conviction (either summary conviction or indictment) fines of not more than $12 million, imprisonment for a term of not more than three years, or both.

The current text of the Act, including the most recent amendments, is available on Justice Canada’s Web site: http://laws-lois.justice.gc.ca/eng/acts/C-15.31.

The Act is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 available at www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5082BFBE-1. Suspected violations under the Act can be reported to the Enforcement Branch by email at environmental. enforcement@ec.gc.ca.

Provide your information no later than July 30, 2013, 5 p.m. Eastern Daylight Saving Time to the Minister of the Environment, to the attention of the Substances Management Coordinator, Chemicals Management Plan, 200 Sacré-Cœur Boulevard, Gatineau, Quebec K1A 0H3, substances@ec.gc. ca (email), 819-953-7155 (fax). An electronic copy of this notice is available at the following Internet address: www.chemicalsubstanceschimiques.gc.ca.

[13-1-o]

DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Application for surrender of charter

Notice is hereby given that, pursuant to the provisions of subsection 32(2) of the Canada Corporations Act, an application for surrender of charter was received from

File No.

Name of Company

Received

759764-9

COMPTOIR INTERNATIONAL DE COMMERCE ÉTHIQUE DE MONTRÉAL INTERNATIONAL SUSTAINABLE TRADING POST

24/01/2013

435352-8

FORTUNE CAT GAMES STUDIO

12/02/2013

432453-6

INITIATIVES SUD

06/03/2013

443268-1

INTERNATIONAL ENDOVASCULAR AND LAPAROSCOPIC SOCIETY

11/02/2013

387991-7

Signal Import Export

05/02/2013

386568-1

Société pour la Moléculture - Society for Moleculture

19/02/2013

436774-0

THE TORONTO URBAN FINE ART & SCULPTURE MUSEUM

09/01/2013

092743-1

VONETTA’S ORGANIZATION PURPOSE HELPING MANKIND

07/02/2013

March 21, 2013

MARCIE GIROUARD
Director
For the Minister of Industry

[13-1-o]

DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary letters patent

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to

File No.

Name of Company

Date of S.L.P.

035100-8

CANADIAN SUNDAY SCHOOL MISSION

01/03/2013

797551-1

The Heller/Smith Family Foundation

20/02/2013

775119-2

Unison Festival - Festival Unisson

23/01/2013

450788-6

WEST END ISLAMIC CENTER

31/01/2013

March 21, 2013

MARCIE GIROUARD
Director
For the Minister of Industry

[13-1-o]

DEPARTMENT OF INDUSTRY

CANADA CORPORATIONS ACT

Supplementary letters patent — Name change

Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to

File No.

Old Name of Company

New Name of Company

Date of S.L.P.

438292-7

Afghan-Canadian Senior Centre (ACSC)

ONTARIO AFGHAN FAMILY AND SENIORS SERVICES ASSOCIATION (OAFSSA)

26/11/2012

329816-7

CANADIAN STROKE CONSORTIUM

Canadian Stroke Consortium Consortium Neurovasculaire Canadien

12/02/2013

225306-2

La Fondation de recherche en Sciences Infirmières du Québec (FRESIQ)

Fondation de l’Ordre des infirmières et infirmiers du Québec

07/02/2013

032300-4

THE BEAVERBROOK CANADIAN FOUNDATION

THE BEAVERBROOK CANADIAN FOUNDATION - LA FONDATION CANADIENNE BEAVERBROOK

08/02/2013

390663-9

WATER INCIDENT RESEARCH ALLIANCE L’ALLIANCE DE RECHERCHE SUR LES INCIDENTS LIÉS À L’EAU

Drowning Prevention Research Centre Canada/ Centre canadien de recherche sur la prévention de la noyade

25/01/2013

375297-6

WORLD CONFERENCE ON BREAST CANCER FOUNDATION

WORLD BREAST CANCER ORGANIZATION INC.

05/02/2013

March 21, 2013

MARCIE GIROUARD
Director
For the Minister of Industry

[13-1-o]

DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-002-13 — Release of new issue of ICES-002

Notice is hereby given that Industry Canada is releasing the following revised document:

  • Interference-Causing Equipment Standard ICES-002, Issue 6, Vehicles, Boats and Other Devices Propelled by an Internal Combustion Engine, Electrical Means or Both, which sets out the limits and method of measurement for the radio noise produced by (i) vehicles propelled by an internal combustion engine, electrical means or both; (ii) boats, which are no greater than 15 m in length, propelled by an internal combustion engine, electrical means or both; and (iii) devices equipped with internal combustion engines or traction batteries.
General information

ICES-002, Issue 6, will come into force as of the date of publication of this notice.

This document has been coordinated with industry through the Radio Advisory Board of Canada (RABC). The Radio Equipment Technical Standards Lists will be amended accordingly.

Submitting comments

Interested parties are requested to provide their comments within 120 days of the date of publication of this notice in electronic format (Microsoft Word or Adobe PDF) to the Manager, Radio Equipment Standards (res.nmr@ic.gc.ca), Industry Canada, 300 Slater Street, 19th Floor, Ottawa, Ontario K1A 0C8.

All submissions received by the close of the comment period will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

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.

March 30, 2013

MARC DUPUIS
Director General
Engineering, Planning and Standards Branch

[13-1-o]

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Vancouver Fraser Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS pursuant to Part 5.1 of the Port Authorities Management Regulations, the Governor in Council issued a Certificate to Amalgamate containing letters patent to amalgamate the port authorities of Vancouver, Fraser River and North Fraser to continue as the Vancouver Fraser Port Authority (“Authority”), effective January 1, 2008;

WHEREAS Schedule C of the letters patent sets out the real property, other than federal real property, held or occupied by the Authority;

WHEREAS pursuant to subsection 46(2.1) of the Canada Marine Act (Act), the Authority wishes to acquire the real property bearing PID numbers 003-464-890, 003-637-379, 003-637-387, 013-063-111 (“Real Property”) from Fraser Wharves Ltd.;

WHEREAS the board of directors of the Authority has requested that the Minister authorize the acquisition of the Real Property and issue supplementary letters patent to set out the Real Property in Schedule C of the letters patent;

AND WHEREAS the Minister is satisfied that the amendment to the letters patent is consistent with the Act;

NOW THEREFORE, pursuant to subsections 9(1) and 46(2.1) of the Act, the Authority is authorized to acquire the Real Property and the letters patent are amended as follows:

1. Schedule C of the letters patent is amended by adding the following after PID number 008-077-789:

PID number

Description

003-464-890

Lot 2, Section 5, Block 3 North, Range 5 West, New Westminster District, Plan 49250

003-637-379

Lot 1, Section 4, Block 3 North, Range 5 West, New Westminster District, Plan 71350

003-637-387

Lot 2, Section 4, Block 3 North, Range 5 West, New Westminster District, Plan 71350

013-063-111

Parcel “B” (Reference Plan 1625) of Fractional Section 4, Block 3 North, Range 5 West, Except: Parcel “2” (Statutory Right-of-Way Plan 3772), New Westminster District

2. These supplementary letters patent take effect on the date of registration in the New Westminster Land Title Office of the documents evidencing the transfer of the Real Property from Fraser Wharves Ltd. to the Authority.

ISSUED this 13th day of March, 2013.

_____________________________
Denis Lebel, P.C., M.P.
Minister of Transport

[13-1-o]

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Eastern Canada Response Corporation Ltd.

Notice of an amendment to the bulk oil cargo fees applicable to the Quebec/Maritimes Region charged by Eastern Canada Response Corporation Ltd. pursuant to an arrangement required by paragraphs 167(1)(a) and 168(1)(a) of the Canada Shipping Act, 2001

Description

Eastern Canada Response Corporation Ltd. (ECRC) is currently a certified response organization pursuant to subsection 169(1) of the Act in respect of a rated capability of 10 000 tonnes and a geographic area covering the Canadian waters south of 60° north latitude in the provinces of Newfoundland and Labrador, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Saskatchewan and Alberta, excluding the waters in the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia. It includes but is not limited to the waters of the Atlantic Provinces, the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec including the St. Lawrence River, the waters of the Canadian Great Lakes system and connecting channels within the province of Ontario including Lake Superior, the St. Mary’s River, Lake Huron, the St. Clair River, Lake St. Clair, the Detroit River, Lake Erie, Lake Ontario, the St. Lawrence River, the waters of Lake Winnipeg, the waters of the Athabasca River from Fort McMurray to Lake Athabasca and the waters of Lake Athabasca.

Definitions

1. In this notice of fees,

  • “Act” means the Canada Shipping Act, 2001. (Loi)
  • “asphalt” means a derivate of oil that is commercially described as road or paving asphalt or unblended roofers flux, that has a specific gravity equal to or greater than one, that is solid at 15°C and that sinks to the bottom as a solid when immersed in water. (asphalte)
  • “Atlantic Provinces” means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador. (provinces de l’Atlantique)
  • “BOCF” means bulk oil cargo fee. (DCPV)
  • “ECRC” means Eastern Canada Response Corporation Ltd., a company formed as a result of the amalgamation of Eastern Canada Response Corporation Ltd., Great Lakes Response Corporation of Canada and Canadian Marine Response Management Corporation, effective January 1, 1999. (SIMEC)
  • “oil handling facility” means an oil handling facility that is located in ECRC’s geographic area. (installation de manutention d’hydrocarbures)
  • “Quebec/Maritimes Region” means the area covered by the waters of James Bay, Hudson Bay and Ungava Bay and the waters in the province of Quebec and that portion of the St. Lawrence River in the province of Ontario to a line drawn between Butternut Bay (latitude 44°31.12′ N and longitude 75°46.54′ W) on the Canadian side to Oak Point (latitude 44°30.48′ N and longitude 75°45.20′ W) on the U.S. side of the St. Lawrence River and in the Atlantic Provinces, excluding the waters north of the 60th parallel of latitude and the primary areas of response associated with the designated ports of Saint John, New Brunswick, and Point Tupper, Nova Scotia, excluding Newfoundland and Labrador. (région des Maritimes/du Québec)
  • “ship” means a ship within the meaning of paragraph 167(1)(a) of the Act. (navire)
  • “ship (bulk oil)” means a ship that is constructed or adapted primarily to carry bulk oil in its cargo spaces. [navire (avec produits pétroliers en vrac)]
Bulk Oil Cargo Fees

2. This part applies to the loading and unloading of oil at oil handling facilities located in the following Region.

Quebec/Maritimes Region

3. The total BOCF payable by an oil handling facility that has an arrangement with ECRC shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° north latitude) loaded at the oil handling facility, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part.

4. The total BOCF payable by a ship (bulk oil) shall be determined,

  • (a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° north latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part; and
  • (b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that does not have an arrangement with ECRC, by the BOCF per tonne for each type of oil set out in sections 5 and 6 of this part.

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

  • (a) an amended fee of nineteen cents (19.0¢) per tonne, plus all applicable taxes from January 1, 2013, to December 31, 2013; and
  • (b) an amended fee of twenty-five cents (25.0¢) per tonne, plus all applicable taxes from January 1, 2014.

6. The BOCF applicable in respect of asphalt is

  • (a) an amended fee of nine and five tenths cents (9.5¢) per tonne, plus all applicable taxes from January 1, 2013, to December 31, 2013; and
  • (b) an amended fee of twelve and five tenths cents (12.5¢) per tonne, plus all applicable taxes from January 1, 2014.

Interested persons may, within 30 days after the date of publication of this notice, send comments to Paul Pouliotte, Eastern Canada Response Corporation Ltd., 275 Slater Street, Suite 1201, Ottawa, Ontario K1P 5H9, 613-230-7369 (telephone), 613-230-7344 (fax), ppouliotte@ecrc.ca (email), or file a notice of objection that contain the reasons for the objection with the Manager of Environmental Response, Marine Safety, Operations and Environmental Programs, Transport Canada, Place de Ville, Tower C, 10th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8, 613-990-5913 (telephone), 613-993-8196 (fax), josee. lamoureux@tc.gc.ca (email). All such representations must cite the Canada Gazette, Part Ⅰ, the name of the response organization submitting the list of proposed fees, and the date of publication of the notice of proposed fees.

[13-1-o]

NOTICE OF VACANCY

PUBLIC SERVICE LABOUR RELATIONS BOARD

Chairperson (full-time position)

Salary range: $196,800–$231,500 Location: National Capital Region

The Public Service Labour Relations Board (the Board) is an independent adjudicative statutory tribunal, established under the Public Service Labour Relations Act, responsible for administering the collective bargaining and grievance adjudication systems in the federal public service, the Parliament of Canada and the Government of Yukon. Through its role in adjudicating grievances and complaints, mediating disputes, supporting the collective bargaining process, and performing compensation analysis and research, the Board helps foster harmonious labour relations and good human resource management in the federal public service. The Board is accountable to Parliament and reports on its activities through the Minister of Canadian Heritage.

As Chief Executive Officer of the Board, the Chairperson provides strategic leadership, direction, supervision, and oversees the conduct of arbitration, mediation, and compensation analysis and research services in order to promote the Board’s objectivity and integrity.

The successful candidate must possess a degree from a recognized university, or an acceptable combination of relevant education, job related training and/or experience. A degree in law would be considered an asset. The ideal candidate should possess significant leadership experience at a senior executive level within the private or public sector. The qualified candidate possesses experience in labour law, as well as in the operation of an adjudicative tribunal. Experience in the interpretation and application of legislation within the context of an administrative proceeding is necessary, as is experience in rendering decisions or in presenting cases before an adjudicative tribunal.

The selected candidate possesses knowledge of the procedures and practices involved in conducting an administrative hearing and the legal principles involved, particularly as they relate to evidence, legal interpretation and natural justice. The ideal candidate possesses knowledge of the mandate of the Public Service Labour Relations Board, as well as knowledge of the Public Service Labour Relations Act and other related federal legislation governing labour relations in the federal public service and in Parliament. Knowledge of employment matters, generally or specific to the public sector, is necessary, as is knowledge of the practices and principles underlying collective bargaining, mediation and conflict resolution. The successful candidate should be financially literate and possess knowledge of sound governance and management principles and practices.

The suitable candidate must be able to lead and manage a public sector tribunal and to define its strategies and objectives. The preferred candidate should also be able to guide the Board in carrying out its mandate in accordance with the Public Service Labour Relations Act. The ability to effectively conduct hearings of an adjudicative tribunal and to write clear decisions on complex legal issues is required. The chosen candidate’s strong analytical skills will allow them to interpret the provisions of various statutes, regulations, policies and other documents in an adjudicative context, and to assess the relevance of precedents in order to render decisions that are fair and equitable. The ability to analyze differing opinions and complex situations with a view to making appropriate recommendations is necessary. The selected candidate possesses the ability to perform their duties under tight deadlines and is able to communicate effectively, both orally and in writing. The chosen candidate must be a person of sound judgment, integrity and impartiality, and must possess and adhere to high ethical standards, have superior interpersonal skills, tact and discretion.

Proficiency in both official languages would be preferred.

The successful candidate must be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. The successful candidate must not hold any other office or employment under the employer; must not be a member of or hold an office or employment under an employee organization certified as a bargaining agent; must not carry on any activity inconsistent with the person’s functions; and must have knowledge of or experience in labour relations.

The successful candidate must reside in or be prepared to relocate to the National Capital Region or to a location within reasonable commuting distance and 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.

The preferred candidate must comply with the Ethical and Political Activity Guidelines for 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 candidate 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 this position. 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.pslrb-crtfp.gc.ca.

Interested candidates should forward their curriculum vitae by April 19, 2013, 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).

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

[13-1-o]

BANK OF CANADA

Statement of financial position as at February 28, 2013

(Millions of dollars) Unaudited

ASSETS

Cash and foreign deposits

 

5.0

Loans and receivables

Securities purchased under resale agreements

334.3

 

Advances to members of the Canadian Payments Association

 

Advances to governments

 

Other receivables

6.9  
   

341.2

Investments

Treasury bills of Canada

18,884.9

 

Government of Canada bonds

59,515.0

 

Other investments

343.8  
   

78,743.7

Property and equipment

 

191.2

Intangible assets

 

56.0

Other assets

 

40.1

  79,377.2

LIABILITIES AND EQUITY

Bank notes in circulation

 

60,288.5

Deposits

Government of Canada

16,802.1  

Members of the Canadian Payments Association

24.6

 

Other deposits

1,279.3  
   

18,106.0

Liabilities in foreign currencies

Government of Canada

 

Other

 
   

Other liabilities

Securities sold under
repurchase agreements

 

 

Other liabilities

542.4  
    542.4
   

78,936.9

Equity

Share capital

5.0

 

Statutory and special reserves

125.0

 

Available-for-sale reserve

310.0

 

Actuarial gains reserve

 

Retained earnings

 
    440.3
79,377.2

Effective January 1, 2011, the Bank of Canada adopted International Financial Reporting Standards (IFRS).

I declare that the foregoing return is correct according to the books of the Bank.

Ottawa, March 18, 2013

S. VOKEY
Chief Accountant and Chief Financial Officer

I declare that the foregoing return is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.

Ottawa, March 18, 2013

T. MACKLEM
Senior Deputy Governor

[12-1-o]

  • Footnote a
    S.C. 2012, c. 19, s. 703
  • Footnote b
    S.C. 2001, c. 27
  • Footnote *
    CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.
  • Footnote **
    CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.
  • Footnote ***
    The federal business number is a nine-digit registration number issued by the Canada Revenue Agency (CRA) to Canadian businesses that register for one or more of the following: corporate income tax; importer/exporter account number; payroll (source) deductions (trust accounts); or goods and services tax. This number can be found on all forms issued to a business by the CRA. The first nine digits that appear on these forms is the federal business number.
  • Footnote 1
    A list of six-digit North American Industry Classification System (NAICS) codes is available at the following Statistics Canada Web site: www23.statcan.gc.ca/imdb/p3VD.pl?Function=
    getVDPage1&db=imdb&dis=2&adm=8&TVD=118464. Note that the NAICS code(s) Internet address is case sensitive.
  • Footnote 2
    A list of six-digit North American Industry Classification System (NAICS) codes is available at the following Statistics Canada Web site: www23.statcan.gc.ca/imdb/p3VD.pl?Function=
    getVDPage1&db=imdb&dis=2&adm=8&TVD=118464. Note that the NAICS code(s) Internet address is case sensitive.