Vol. 150, No. 8 — February 20, 2016

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2016-87-03-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote b);

Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Order 2016-87-03-02 Amending the Non-domestic Substances List.

Gatineau, February 5, 2016

Catherine McKenna
Minister of the Environment

Order 2016-87-03-02 Amending the Non-domestic Substances List

Amendment

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

Coming into Force

2 This Order comes into force on the day on which Order 2016-87-03-01 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF THE ENVIRONMENT

FISHERIES ACT

Administrative Agreement between the Government of Saskatchewan and the Government of Canada Regarding the Administration of the Wastewater Systems Effluent Regulations in Saskatchewan

Notice is hereby given that the Minister of the Environment has concluded with Saskatchewan the annexed agreement entitled “Administrative Agreement between the Government of Saskatchewan and the Government of Canada Regarding the Administration of the Wastewater Systems Effluent Regulations in Saskatchewan.” This Agreement is published further to subsection 4.1(4) of the Fisheries Act. The English version of this Agreement is the only official version.

Contact: James Arnott, Wastewater Program, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3, ww-eu@ec.gc.ca (email).

Ottawa, April 2, 2015

LEONA AGLUKKAQ
Minister of the Environment

ADMINISTRATIVE AGREEMENT
BETWEEN
THE GOVERNMENT OF SASKATCHEWAN
AND
THE GOVERNMENT OF CANADA
REGARDING THE ADMINISTRATION OF THE
WASTEWATER SYSTEMS EFFLUENT REGULATIONS
IN SASKATCHEWAN

This Administrative Agreement is made between:

THE GOVERNMENT OF CANADA as represented by the Minister of the Environment (herein referred to as “Canada”)

AND

THE GOVERNMENT OF SASKATCHEWAN as represented by the Minister Responsible for the Water Security Agency (herein referred to as “Saskatchewan”)

WHEREAS Canada and Saskatchewan are signatories to the Canada-wide Strategy for the Management of Municipal Wastewater Effluent, which establishes national performance standards for effluent quality from wastewater systems that discharge wastewater effluent to surface water and establishes a one-window approach to governance so owners and operators of wastewater systems deal with a single regulatory body;

AND WHEREAS Canada published the Wastewater Systems Effluent Regulations as one of the federal government’s commitments to implement the Canada-wide Strategy for the Management of Municipal Wastewater Effluent;

AND WHEREAS Saskatchewan, by OC 564/2014, ordered the issuance of a proclamation fixing June 1, 2015 as the day on which the Environmental Management and Protection Act, 2010 shall come into force;

AND WHEREAS Saskatchewan, by OC 571/2014, proclaimed the coming into force of The Waterworks and Sewage Works Regulations, which aim to protect provincial water from pollution through, among other measures, the issuance of permits to construct, modify, or operate sewage works and which come into force on June 1, 2015;

AND WHEREAS Saskatchewan has in place its Drinking Water and Wastewater Enforcement Protocol (EPB 222) and Canada has in place its Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act - November 2001;

AND WHEREAS Canada and Saskatchewan recognize that there is a benefit to adopting a cooperative and harmonized approach to reduce administrative duplication resulting from comparable legislative and regulatory provisions, and that there is a need to specify the procedures of this approach in an agreement;

AND WHEREAS Canada and Saskatchewan agree that Saskatchewan, due to its existing relationship with owners and operators of municipally, privately and provincially owned wastewater systems, is well positioned to act as the point of contact for the administration of the Wastewater Systems Effluent Regulations;

AND WHEREAS section 4.1 of the Fisheries Act and the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act enable the Minister of the Environment to enter into agreements with a province to further the purposes of the Act, including facilitating joint action in areas of common interest, reducing overlap and harmonizing respective programs;

AND WHEREAS paragraph 3(8)(a) of the Environmental Management and Protection Act, 2010 enables Saskatchewan to enter into agreements with the Government of Canada relating to any matter pertaining to environmental protection;

AND WHEREAS the Minister Responsible for the Water Security Agency, subject to approval of the Lieutenant Governor in Council, may be authorized to enter into this Administrative Agreement on behalf of the Government of Saskatchewan;

NOW THEREFORE Canada and Saskatchewan (herein referred to as “the Parties” collectively and “Party” individually) agree as follows:

1. DEFINITIONS AND INTERPRETATION
2. PURPOSE AND OBJECTIVES OF THE AGREEMENT
2.1 Purpose

The purpose of this Agreement is to facilitate cooperation between the Parties with respect to the administration and enforcement of the WSER and to reduce duplication resulting from comparable federal and provincial legislation with respect to wastewater in Saskatchewan.

2.2 Objectives

The objectives of this Agreement are to

3. PRINCIPLES
4. ACTIVITIES COVERED BY THIS AGREEMENT

The Parties agree to collaborate in carrying out the following activities:

4.1 Authorization Officer for the WSER
4.2 Reporting
4.3 Program Administration for the WSER
4.4 Cooperation on Compliance Promotion
4.5 Cooperation on Enforcement
4.6 Management Committee for this Agreement
5. ACCOUNTABILITY
6. ACCESS TO INFORMATION AND PRIVACY
7. FINANCIAL PROVISIONS
8. AMENDMENT AND REVIEW OF THIS AGREEMENT
9. EXECUTION, DURATION AND TERMINATION OF THE AGREEMENT
10. DISPUTE RESOLUTION
11. ENTIRE AGREEMENT

11.1 This Agreement constitutes the entire and sole agreement between the Parties and supersedes all other communications, negotiations and agreements between the Parties in relation to the purpose and subject matter of this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed on behalf of Canada by the federal Minister of the Environment, and on behalf of Saskatchewan by the Minister Responsible for the Water Security Agency.

FOR THE GOVERNMENT OF CANADA

THE HONOURABLE LEONA AGLUKKAQ
Minister of the Environment

Date April 2, 2015

FOR THE GOVERNMENT OF SASKATCHEWAN

THE HONOURABLE HERB COX
Minister Responsible for the Water Security Agency

Date July 23, 2015

ANNEX A

THE PARTIES’ ROLES AND RESPONSIBILITIES CONCERNING THE EFFLUENT REGULATORY REPORTING INFORMATION SYSTEM (ERRIS)

1. ROLES AND RESPONSIBILITIES

Working together the Parties will do the following:

2. REGULATORY REPORTING USING THE ERRIS

Canada will provide the following through the ERRIS:

3. COSTS AND EXPENDITURES

ANNEX B

TERMS OF REFERENCE FOR THE MANAGEMENT COMMITTEE FOR THE ADMINISTRATIVE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF SASKATCHEWAN REGARDING THE ADMINISTRATION OF THE WASTEWATER SYSTEMS EFFLUENT REGULATIONS

1. MEMBERS

2. RESPONSIBILITIES

The Management Committee is responsible for the following:

3. OPERATION OF THE COMMITTEE

4. PUBLIC COMMUNICATIONS

5. MEETINGS

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DEPARTMENT OF ENVIRONMENT AND CLIMATE CHANGE

SPECIES AT RISK ACT

Description of critical habitat for the Dusky Dune Moth, the Smooth Goosefoot and the Western Harvest Mouse, dychei subspecies, in the Canadian Forces Base Suffield National Wildlife Area

The Dusky Dune Moth (Copablepharon longipenne), the Smooth Goosefoot (Chenopodium subglabrum) and the Western Harvest Mouse (Reithrodontomys megalotis dychei) are species that are listed on Schedule 1 of the Species at Risk Act.

The Dusky Dune Moth is a small inconspicuous sand dune specialist moth endemic to North America that has specialized habitat requirements. The Dusky Dune Moth is associated with sparsely vegetated active sand dunes and sand blowouts that occur in the southern regions of Alberta, Saskatchewan and Manitoba.

The Smooth Goosefoot is an annual plant species in the Goosefoot family with green flowers in widely spaced clusters, erect and branching stems, and shiny black seeds. The Smooth Goosefoot is associated with semi-arid sand dune complexes in British Columbia, Alberta, Saskatchewan and Manitoba.

The Western Harvest Mouse is a small, nocturnal and long-tailed brownish mouse that often nests near the base of shrubs in dry shrub-steppe habitats that contain extensive cover. In Canada, the Western Harvest Mouse has only been found in Alberta.

The Recovery Strategy for the Dusky Dune Moth (Copablepharon longipenne) in Canada, available at www.sararegistry.gc.ca/species/speciesDetails_e.cfm?sid=997, the Recovery Strategy for the Smooth Goosefoot (Chenopodium subglabrum) in Canada, available at www.sararegistry.gc.ca/species/speciesDetails_e.cfm?sid=264 and the Recovery Strategy for the Western Harvest Mouse dychei subspecies (Reithrodontomys megalotis dychei) in Canada, available at www.sararegistry.gc.ca/species/speciesDetails_e.cfm?sid=492, identify critical habitat for the species in a number of areas, including a federally protected area.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, subsection 58(1) of that Act applies, 90 days after this publication, to the critical habitat of the Dusky Dune Moth, the Smooth Goosefoot and the Western Harvest Mouse, dychei subspecies, as identified in the recovery strategies for these species — that are included in the Species at Risk Public Registry — within the Canadian Forces Base Suffield National Wildlife Area, the boundaries of which are described in Schedule I of the Wildlife Area Regulations made pursuant to the Canada Wildlife Act.

Interested parties are invited to contact Environment and Climate Change Canada to request clarifications regarding the location, biophysical attributes and protection of these species’ critical habitat. Note, however, that some details may be withheld to protect the species and their critical habitat.

February 10, 2016

SARAH WREN
Acting Director
Species at Risk Management
Canadian Wildlife Service

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DEPARTMENT OF INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT

DEPARTMENT OF INDUSTRY ACT RADIOCOMMUNICATION ACT

Notice No. SMSE-008-16 — Fee order for fixed-satellite service (FSS) and broadcasting-satellite service (BSS) spectrum in Canada

Introduction

The Minister of Innovation, Science and Economic Development is establishing a fee for spectrum licences issued under the Radiocommunication Act for spectrum allocated to the fixed-satellite service (FSS) and broadcasting-satellite service (BSS). The fee is established pursuant to section 19 of the Department of Industry Act.

Over the last two decades, technological change has had a significant impact on the satellite industry, enabling the introduction of new products and services into the marketplace. This has fuelled an increase in demand for the commercial provisioning of satellite capacity and satellite-based services. In response, the Department has been moving away from apparatus-based licensing (radio licences) for satellite services and, as a first step, implemented spectrum-based licensing (spectrum licences) for the use of spectrum to provide mobile satellite service (MSS).

Spectrum licences have a number of advantages over radio licences as a means of authorizing the use of spectrum. Spectrum licence fees are based on the amount of spectrum authorized, independent of usage. Because the fee is therefore a fixed cost, it is in the operators’ best commercial interests to maximize the use of that spectrum, contributing to good stewardship of spectrum, which is a public resource. Furthermore, a spectrum licence regime is less cumbersome for both operators and the Department to administer.

The Department therefore plans to issue spectrum licences for the authorization of FSS and BSS spectrum to replace existing radio licences that authorize the use of FSS and BSS spectrum as of April 1, 2016.

Frequency bands allocated to FSS and BSS are identified in the Canadian Table of Frequency Allocations (CTFA), as amended from time to time.

There is currently no fee in place for FSS and BSS satellite spectrum licences.

The fee outlined in the fee schedule below was developed after extensive consultation and was presented for comment as per the requirements of the User Fees Act through Canada Gazette notice No. SMSE-021-14 on December 13, 2014. No complaints were received under section 4.1 of the User Fees Act on the final fee proposal. In accordance with the User Fees Act, the fee proposal was presented to both houses of Parliament and approved earlier this year.

Fee schedule

The Minister of Innovation, Science and Economic Development, pursuant to section 19 of the Department of Industry Act, hereby fixes the following spectrum licence fee, effective as of April 1, 2016. The fee is applicable to spectrum licences issued by the Minister pursuant to subparagraph 5(1)(a)(i.1) of the Radiocommunication Act to authorize the use of FSS and BSS spectrum.

Interpretation

For the purpose of this fee schedule,

“spectrum licence” means a licence permitting the use of radio frequencies (spectrum) in an area (or orbital position). The licence is associated with the frequencies.

“fixed-satellite service (FSS)” means the use of specific radio frequencies by satellites to deliver communications between fixed points on the earth. Typical services include telephony, Internet connectivity and private data networks.

“broadcasting-satellite service (BSS)” means the use of specific radio frequencies by satellites to deliver broadcasting services directly to the public (e.g. direct-to-home satellite television).

“satellite” means the spacecraft, or portion of the spacecraft, associated with a particular licence.

“annual fee” means the fee payable for the continuance in force of the spectrum licence until the spectrum licence expires.

“megahertz (MHz)” means 1 million hertz. A hertz is a unit for measuring radio frequencies.

Annual spectrum licence fee

Satellite spectrum licences are typically issued for a term of 20 years from the date the licence is issued. The fee is payable on an annual basis.

The annual fee for a spectrum licence assigned to authorize the use of FSS and BSS spectrum is $120 per megahertz (MHz).

The fee will be applicable once the licensee has launched a satellite. Where a spectrum licence is issued to a licensee who has already launched a satellite, the fee will be applicable immediately. Where a licensee has not yet launched a satellite using the licensed spectrum, the licence is issued immediately, but the fee will only be charged once the satellite is launched.

Once charged, the fee will remain applicable until the end of the spectrum licence term.

Prorated spectrum licence fees

For the portion of the first year during which the fee is applicable, the fee will be payable immediately and on a pro-rated basis, at a monthly rate of $10/MHz, until the next March 31.

For licences with terms of less than one year, or terms that expire before March 31, the annual fee will be payable immediately and on a pro-rated basis, at a monthly rate of $10/MHz.

General notes

Licence fees are payable on an annual basis, in advance, and are due by March 31 of each year.

A satellite will be considered launched when it has been placed in its assigned orbital location or orbit.

The Minister may allocate new frequency bands for FSS and BSS, which will be reflected in future versions of the CTFA. This fee order will apply to spectrum licences for those bands.

February 4, 2016

NAVDEEP BAINS
Minister of Innovation,
Science and Economic Development

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DEPARTMENT OF INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT

RADIOCOMMUNICATION ACT

Notice No. SMSE-010-16 — Release of RSS-134, Issue 2

Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) is releasing the following document:

RSS-134, Issue 2, will come into force upon its publication on the Department’s Web site (http://www.ic.gc.ca/spectrum).

General information

A review of RSS-134 has been coordinated with industry through the Radio Advisory Board of Canada. The Radio Equipment Standards Lists will be amended accordingly.

Submitting comments

Interested parties are requested to provide their comments within 90 days of the date of publication of this notice using the online “General Inquiry” form at http://www.ic.gc.ca/eic/site/ceb-bhst.nsf/frm-eng/EABV-9X4GEH. Comments and suggestions for improving this standard may be submitted online using the “Standard Change Request” form at http://www.ic.gc.ca/eic/site/ceb-bhst.nsf/frm-eng/EABV-9VCLQJ.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Innovation, Science and Economic Development Canada’s Spectrum Management and Telecommunications Web site at http://www.ic.gc.ca/spectrum.

Official versions of Canada Gazette notices can be viewed at http://www.gazette.gc.ca/rp-pr/p1/index-eng.html.

February 2016

DANIEL DUGUAY
Director General
Engineering, Planning and Standards Branch

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