Canada Gazette, Part I, Volume 148, Number 36: GOVERNMENT NOTICES

September 6, 2014

DEPARTMENT OF THE ENVIRONMENT

MIGRATORY BIRDS CONVENTION ACT, 1994

Notice with respect to temporary possession of migratory birds

In order to conduct a survey about avian viruses, the Canadian Minister of the Environment has issued a notice under the authority of section 36 of the Migratory Birds Regulations to vary the application of paragraph 6(b) of the Migratory Bird Regulations to allow for the temporary possession of found-dead migratory birds. A person is permitted to temporarily possess dead migratory birds to allow for “swift delivery” of such birds to provincial or territorial authorities for analysis. In all other circumstances, a prohibition against possessing the carcass of a migratory bird remains in effect. This notice comes into force for a period of one year from August 28, 2014. The Government of Canada is responsible, under the Migratory Birds Convention Act, 1994, for ensuring that populations of migratory birds are maintained, protected and conserved.

The Canadian Wildlife Health Cooperative coordinates Canada's Interagency Wild Bird Influenza Survey. Information on where to submit found-dead migratory birds is available by viewing the Canadian Wildlife Health Cooperative Web site at www.ccwhc.ca/contact_us.php or by telephoning 1-800-567-2033. Guidance on precautions for the handling of wild birds is available on the Public Health Agency of Canada Web site at www.phac-aspc.gc.ca/influenza/fs-hwb-fr-mos-eng.php.

August 28, 2014

ROBERT MCLEAN
Acting Director General
Canadian Wildlife Service

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DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of seven heavy fuel oils specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas the seven substances identified in the annex below as heavy fuel oils (the “substances”) are substances on the Domestic Substances List identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft Screening Assessment conducted on the substances pursuant to section 74 of the Act is annexed hereby;

And whereas it is proposed to conclude that the substances do not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the “ministers”) propose to take no further action on the substances at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada's Chemical Substances Web site (www.chemicalsubstances.gc.ca). All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3, 819-938-3231 (fax), substances@ec.gc.ca (email).

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.

DAVID MORIN
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

VIRGINIA POTER
Director General
Chemicals Sector Directorate

On behalf of the Minister of the Environment

STEVE MCCAULEY
Director General
Energy and Transportation Directorate

On behalf of the Minister of the Environment

AMANDA JANE PREECE
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the Draft Screening Assessment of Seven Heavy Fuel Oils

The Minister of the Environment and the Minister of Health have conducted a screening assessment of the following heavy fuel oils (HFOs):
CAS RN (see reference a) Domestic Substances List name
64741-57-7 Gas oils (petroleum), heavy vacuum
64741-62-4 Clarified oils (petroleum), catalytic cracked
64741-67-9 Residues (petroleum), catalytic reformer fractionators
64741-81-7 Distillates (petroleum), heavy thermal cracked
64742-59-2 Gas oils (petroleum), hydrotreated vacuum
64742-90-1 Residues (petroleum), steam-cracked
68955-27-1 Distillates (petroleum), petroleum residues vacuum

Reference a
The Chemical Abstracts Service Registry Number (CAS RN) 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 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.

These substances were identified as high priorities for action during the categorization of the Domestic Substances List (DSL), as they were determined to present the greatest potential or intermediate potential for exposure of individuals in Canada and were considered to present a high hazard to human health. The Chemical Abstracts Service Registry Numbers (CAS RNs) in this assessment met the ecological categorization criteria for persistence or bioaccumulation and inherent toxicity to aquatic organisms. These substances were included in the Petroleum Sector Stream Approach (PSSA) because they are related to the petroleum sector and are all complex combinations of hydrocarbons.

These HFOs are considered to be of Unknown or Variable composition, Complex reaction products or Biological materials (UVCBs). HFOs are composed of aromatic, aliphatic and cycloalkane hydrocarbons, primarily in the carbon range of C20 to C50. The Stream 4 HFOs have a carbon range primarily from C10 to C50 and have a typical boiling point range from 160°C to 600°C. Based on information submitted under section 71 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), these substances are either consumed on-site or transported from refineries and upgraders to other industrial facilities. They are intermediate products of distillation, or residues derived from refinery distillation or cracking units, and can serve as blending stocks in final heavy fuel oil products. They have been identified for use in potash processing and for use as viscosity adjusters in asphalt emulsion road maintenance products. According to the results of the section 71 surveys and other sources of information, these HFOs were initially identified as ingredients in consumer products available for sale to the general population; however, further investigation showed that these products are for industrial or commercial use only.

HFOs are transported in large volumes from refinery and upgrader facilities to other industrial facilities by pipelines, ships, trains and trucks. A comparison of levels expected to cause harm to organisms with estimated exposure levels for transport operations for the years 2002 to 2012 was made. This comparison, in conjunction with the relatively low expected frequency of spills to water and soil, indicates that there is a low risk of harm to aquatic or soil organisms associated with transport of these HFOs. An analysis of the use of HFOs in potash processing and road maintenance products also found a low risk of harm to soil and aquatic organisms.

Considering all available lines of evidence presented in this draft Screening Assessment, there is a low risk of harm to organisms and the broader integrity of the environment from these substances. It is proposed to conclude that Stream 4 HFOs (CAS RNs 64741-57-7, 64741-62-4, 64741-67-9, 64741-81-7, 64742-59-2, 64742-90-1 and 68955-27-1) do not meet the criteria under paragraph 64(a) or (b) of CEPA 1999, as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity, or that constitute or may constitute a danger to the environment on which life depends.

A critical effect for the initial categorization of HFO substances was carcinogenicity, based primarily on classifications by international agencies. Several skin painting studies conducted in laboratory animals resulted in the development of skin tumours following repeated dermal application of HFO substances. HFOs demonstrated genotoxicity in in vivo and in vitro assays and exhibited reproductive and developmental effects in laboratory animals.

Historically, HFOs were found in certain specialized consumer products; however, no products containing HFOs are expected to be available in Canada. Consequently, general population exposure is not expected and risk is low.

Based on the information presented in this draft Screening Assessment, it is proposed to conclude that Stream 4 HFOs (CAS RNs 64741-57-7, 64741-62-4, 64741-67-9, 64741-81-7, 64742-59-2, 64742-90-1 and 68955-27-1) do not meet the criteria under paragraph 64(c) of CEPA 1999, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Proposed conclusion

It is proposed to conclude that Stream 4 HFOs (CAS RNs 64741- 57-7, 64741-62-4, 64741-67-9, 64741-81-7, 64742-59-2, 64742-90-1 and 68955-27-1) do not meet any of the criteria set out in section 64 of CEPA 1999.

The draft Screening Assessment for these substances is available on the Government of Canada's Chemical Substances Web site (www.chemicalsubstances.gc.ca).

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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
443730-6 THE JOHN D'AMICO FUND 30/07/2014
445814-1 THE KEN AND MARILYN THOMSON FOUNDATION FOR THE ART GALLERY OF ONTARIO 25/08/2014

August 28, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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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.
426385-5 CANADIAN AVALANCHE CENTRE
CENTRE CANADIEN DES AVALANCHES		 Avalanche Canada 08/07/2014

August 28, 2014

VIRGINIE ETHIER
Director

For the Minister of Industry

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. DGSO-003-14 — Consultation on Policy Changes in the 3500 MHz Band (3475-3650 MHz) and a New Licensing Process in Rural Areas

The intent of this notice is to undertake a public consultation through the Department's document entitled Consultation on Policy Changes in the 3500 MHz Band (3475-3650 MHz) and a New Licensing Process in Rural Areas. This document sets out a number of proposals to enable both fixed and mobile services to operate in the 3500 MHz band: (a) a new classification of Tier 4 areas to differentiate between urban and rural areas; (b) a new licensing process to be used for fixed wireless access (FWA) licences; (c) a fundamental reallocation of the 3500 MHz band to introduce mobile services; and (d) a transition policy that could take effect pending decisions made following this consultation.

Submitting comments

To ensure consideration, parties should submit their comments no later than October 8, 2014. Respondents are asked to provide their comments in electronic format (Microsoft Word or Adobe PDF) to the following email address: spectrum.operations@ic.gc.ca. Soon after the close of the comment period, all comments will be posted on Industry Canada's Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum. All comments will be reviewed and considered by Industry Canada in order to arrive at its decisions regarding the above-mentioned proposals.

The Department will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until November 5, 2014.

Written submissions should be addressed to the Senior Director, Spectrum Development and Operations, Industry Canada, Jean Edmonds Tower North, 15th Floor, 300 Slater Street, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (DGSO-003-14).

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.

August 19, 2014

PETER HILL
Director General
Spectrum Management Operations Branch

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Belledune Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

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

WHEREAS Schedule C of the letters patent sets out the real property, other than federal real property, held or occupied by the Authority, and includes the real property bearing parcel identification (PID) numbers 20753919 and 20277901;

WHEREAS, pursuant to subsection 46(2) of the Act, the Authority wishes to dispose of portions of the real property (“Real Property”) bearing PID numbers 20753919 and 20277901 in favour of Predator Midstream Ltd. to facilitate industrial development in Northern New Brunswick and increase shipping activities at the Port of Belledune;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent to remove reference to the Real Property from Schedule C of the letters patent;

AND WHEREAS the Minister is satisfied that the amendments to the letters patent are consistent with the Act,

NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent are amended as follows:

ISSUED under my hand this 18th day of August, 2014.

________________________________
The Honourable Lisa Raitt, P.C., M.P.
Minister of Transport

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Vancouver Fraser Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

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

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

WHEREAS following negotiations between the Authority and the British Columbia Railway Company, the Authority wishes to

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent amending Schedule B and Schedule C of the letters patent to reflect the said property transactions;

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

NOW THEREFORE, pursuant to section 9 of the Act, the letters patent are amended as follows:

1. PID Number 026-630-044 and its corresponding description in Schedule B of the letters patent are replaced by the following:
PID Number Description
026-630-044 Parcel D (Reference Plan BCP22580) of Parcel 1, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP22392
Except for that 580 square metres of fee simple interest in land described as a portion of Parcel A on Reference Plan EPP32975 being Pt D (Reference Plan BCP22580) of Parcel 1, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP22392

Note: The above amendment to the description of federal real property in Schedule B of the letters patent is to allow for the disposal of federal real property in favour of the British Columbia Railway Company as part of the exchange.

2. PID Number 023-279-222 and its corresponding description in Schedule B of the letters patent are replaced by the following:
PID Number Description
023-279-222 Lot A, except portions in Plan BCP22579, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan LMP25402
Except for that 430.50 square metres of fee simple interest in land described as a portion of Parcel A on Reference Plan EPP32975 being Pt A (Reference Plan LMP25402), except portions in Plan BCP22579, of Parcel 1, Bed of the Strait of Georgia, Group 2, New Westminster District

Note: The above amendment to the description of federal real property in Schedule B of the letters patent is to allow for the disposal of federal real property in favour of the British Columbia Railway Company as part of the exchange.

3. Schedule B of the letters patent is amended by adding the following after PID Number 026-630-745 and its corresponding description:

898.3 square metres of fee simple interest in land described on Reference Plan EPP35488 as being located over a portion of Parcel B (Plan BCP27391) of Parcel A, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP22581

Note: The above amendment to the description of federal real property in Schedule B of the letters patent reflects the acquisition of real property from the British Columbia Railway Company as part of the exchange.

4. Schedule C of the letters patent is amended by adding the following after PID Number 013-063-111 and its corresponding description:

0.337 hectares of fee simple interest in land described on Reference Plan EPP32972 as being located over portions of Parcel B (Plan BCP27391) of Parcel A, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP22581,

Except for that 898.3 square metres of fee simple interest in land described on Reference Plan EPP35488 as being located over a portion of Parcel B (Plan BCP27391) of Parcel A, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP22581, and

That 0.119 hectares of fee simple interest in land described as Arterial Highway on Reference Plan EPP32973 located over a portion of Parcel B (Plan BCP27391) of Parcel A, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP22581, Except Part shown on Plan EPP32972

5. These supplementary letters patent take effect on the date of registration in the New Westminster Land Title Office of the documents evidencing the said property transactions.

ISSUED this 31st day of July, 2014.

________________________________
The Honourable Lisa Raitt, P.C., M.P.
Minister of Transport

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Vancouver Fraser Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

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

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

WHEREAS following negotiations between the Authority and the British Columbia Transportation Financing Authority, the Authority wishes to

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent amending Schedule B and Schedule C of the letters patent to reflect the said property transactions;

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

NOW THEREFORE, pursuant to section 9 of the Act, the letters patent are amended as follows:

1. PID Number 026-673-614 and its corresponding description in Schedule B of the letters patent are replaced by the following:
PID Number Description
026-673-614 Parcel M, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP23856
Except for that 463.2 square metres of fee simple interest in land described on Reference Plan EPP37201 located over a portion of Parcel M, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP23856

Note: The above amendment to the description of federal real property in Schedule B of the letters patent is to allow for the disposal of federal real property in favour of the British Columbia Transportation Financing Authority as part of the exchange.

2. PID Number 026-511-291 and its corresponding description in Schedule B of the letters patent are replaced by the following:
PID Number Description
026-511-291 Parcel A, except part in Plan BCP22392, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP21115
Except for that 6.1 square metres of fee simple interest in land described on Reference Plan EPP37201 located over a portion of Parcel A, except part in Plan BCP22392, Bed of the Strait of Georgia, Group 2, New Westminster District, Plan BCP2115

Note: The above amendment to the description of federal real property in Schedule B of the letters patent is to allow for the disposal of federal real property in favour of the British Columbia Transportation Financing Authority as part of the exchange.

3. Schedule B of the letters patent is amended by adding the following after PID Number 026-630-745 and its corresponding description:
PID Number Description
029-261-597 That Part of the Bed of the Strait of Georgia Group 2 New Westminster District Shown as Closed Road on Plan EPP35487

Note: The above amendment to the description of federal real property in Schedule B of the letters patent reflects the acquisition of real property from the British Columbia Transportation Financing Authority as part of the exchange.

4. Schedule C of the letters patent is amended by adding the following after PID Number 013-063-111 and its corresponding description:

229.8 square metres and 0.372 hectares of fee simple interest in land described on Reference Plan EPP32974 as Statutory Right of Way over Part of Bed of the Strait of Georgia, Group 2, New Westminster District, being Closed Road dedicated by Plan LMP25564

5. These supplementary letters patent take effect on the date of registration in the New Westminster Land Title Office of the documents evidencing the said property transactions.

ISSUED this 31st day of July, 2014.

________________________________
The Honourable Lisa Raitt, P.C., M.P.
Minister of Transport

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SUPREME COURT OF CANADA

SUPREME COURT ACT

Commencement of sessions

Pursuant to section 32 of the Supreme Court Act, notice is hereby given that the upcoming three sessions of the Supreme Court of Canada, for the purpose of hearing and determining appeals in 2014 and 2015, shall commence on the following days:

Fall Session 2014

The Fall Session of the Supreme Court of Canada shall begin on Monday, October 6, 2014.

Winter Session 2015

The Winter Session of the Supreme Court of Canada shall begin on Monday, January 12, 2015.

Spring Session 2015

The Spring Session of the Supreme Court of Canada shall begin on Monday, April 13, 2015.

August 28, 2014

ROGER BILODEAU, Q.C.
Registrar

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