Canada Gazette, Part I, Volume 149, Number 16: GOVERNMENT NOTICES

April 18, 2015

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to the Environmental Code of Practice for the Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems

Whereas on April 18, 2015, the Minister of the Environment issued, under subsection 208(1) of the Canadian Environmental Protection Act, 1999, the Environmental Code of Practice for the Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems;

Whereas the above-mentioned code of practice replaces the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems that was published in 1996,

Notice is hereby given that the Minister of the Environment has made available the following code of practice issued under subsection 208(1) of that Act:

Environmental Code of Practice for the Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems

Electronic copies of this code of practice may be downloaded from the Internet at the following address: www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=D918C063-1. Paper copies are available from Environment Canada's Inquiry Centre at 1-800- 668-6767.

VIRGINIA POTER
Director General
Chemicals Sector Directorate

On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed notice requiring the preparation and implementation of pollution prevention plans in respect of halocarbons used as a refrigerant

Pursuant to section 91 of the Canadian Environmental Protection Act, 1999 (the “Act”), the Minister of the Environment proposes to publish the annexed Notice under section 56 of the Act. This proposed Notice (the “Notice”) will initiate a 60-day comment period. Following the comment period and after review of the comments received, the Minister intends to publish a Final Notice requiring the preparation and implementation of pollution prevention plans in the Canada Gazette, Part I.

The Final Notice will require the preparation and implementation of a pollution prevention plan in respect of halocarbons used as a refrigerant. The Final Notice will apply to any person or class of persons who manufactures, reclaims or imports halocarbon refrigerants to be used, in whole or in part, in refrigeration systems or stationary air conditioning systems.

More information on pollution prevention planning can be found in the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for Implementation. These guidelines and other information relating to pollution prevention and pollution prevention planning can be found in the “Pollution Prevention Planning” section of Environment Canada's Web site, at www.ec.gc.ca/planp2-p2plan.

VIRGINIA POTER
Director General
Chemicals Sector Directorate

On behalf of the Minister of the Environment

PROPOSED NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF HALOCARBONS USED AS A REFRIGERANT

Notice is hereby given that, pursuant to the provisions of subsection 56(1) of Part 4 of the Act, the Minister of the Environment requires any person or class of persons described in section 2 of the Notice to prepare and implement a pollution prevention plan in respect of chlorofluorocarbons, hydrochlorofluorocarbons, and hydrofluorocarbons, which are specified on the List of Toxic Substances in Schedule 1 of the Act.

1. Definitions

The definitions in this section apply to this Notice.

“Act” means the Canadian Environmental Protection Act, 1999 (CEPA 1999).

“Calendar Year” means a complete year beginning January 1 and ending December 31 of each year.

“End-of-life System” means an air conditioning or refrigeration system that is taken out of service with the intent not to return it to its existing use and that is sold, given, or disposed of as junk, salvage or scrap, or that is acquired by a recycler for the purposes of dismantling, recycling, crushing, baling, shredding or other processing.

“Halocarbon” means a chlorofluorocarbon (CFC), hydrochlorofluorocarbon (HCFC), or hydrofluorocarbon (HFC).

“Halocarbon refrigerant” means a refrigerant that contains one or more halocarbons, either alone or in a mixture, and no more than 4% hydrocarbons.

“Minister” means the Minister of the Environment.

“Notice” means the Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Halocarbons Used as a Refrigerant.

“Plan” means a pollution prevention plan.

“Pollution prevention”, as defined in section 3 of the Act, means “the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.”

“Reclaimed”, in respect of a halocarbon refrigerant, means recovered, reprocessed and upgraded, through processes such as filtering, drying, distillation and chemical treatment, in order to restore the halocarbon refrigerant to industry-accepted reuse standards.

“Recovered”, in respect of a halocarbon refrigerant, means collected, after it has been used, from an air conditioning or refrigeration system during servicing, or before disposal of an end-of-life system.

“Refrigerant” means a fluid that is used or intended to be used in any air conditioning or refrigeration systems to absorb heat at a low temperature and pressure, with a change of state, and that rejects heat at a higher temperature and pressure.

“Stewardship program” means either an individual or collective program for halocarbon refrigerants that includes the characteristics outlined in subsection 4(4) of the Notice. The stewardship program reclaims and destroys halocarbon refrigerants depending on their condition and according to the criteria established in accordance with paragraph 4(4)(b) of the Notice.

2. Person or class of persons required to prepare and implement a plan

3. Activities in relation to which the plan is to be prepared

The Minister requires all persons or class of persons identified in section 2 to prepare and implement a plan in relation to the management of halocarbon refrigerants recovered from air conditioning or refrigeration systems.

4. Factors to consider in preparing the plan

The Minister requires all persons or class of persons identified in section 2 of the Notice to consider the following factors when preparing their plan:

5. Period within which the plan is to be prepared

6. Period within which the plan is to be implemented

7. Content of the plan

A person or class of persons identified in section 2 of the Notice is to determine the appropriate content of the plan; however, the plan must meet all the requirements of the Notice. The plan must also contain the information required for the filing of the Declaration of Preparation referred to in section 9 of the Notice and must be able to generate the information required for the filing of the Declaration of Implementation referred to in section 10.

8. Requirement to keep the plan and record keeping

Under section 59 of the Act, any person or class of persons identified in section 2 of the Notice must keep a copy of the plan at the place in Canada in relation to which the plan is prepared.

Any person or class of persons identified in section 2 of the Notice must keep the plan and any records pertaining to the plan for a minimum of five years following the date set out in section 6 of the Notice.

9. Declaration of Preparation

Under subsection 58(1) of the Act, any person or class of persons identified in section 2 of the Notice must file, within 30 days after the end of the period within which the plan is to be prepared as specified in section 5 or extended under section 13, a written “Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant — (Subsection 58(1) of CEPA 1999).” This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 1 of the Notice.

10. Declaration of Implementation

Under subsection 58(2) of the Act, any person or class of persons identified in section 2 of the Notice must file within 30 days after the end of the period within which the plan is to be implemented, as specified in section 6 or extended under section 13, a written “Declaration That a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant — (Subsection 58(2) of CEPA 1999).” This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 5 of the Notice.

11. Filing of amended declarations

Under subsection 58(3) of the Act, where a person or class of persons specified in section 2 of the Notice has filed a Declaration of Preparation or a Declaration of Implementation referred to in sections 9 and 10 of the Notice, and the Declaration contains information that, at any time after the filing, has become false or misleading, that person or class of persons must file an amended Declaration to the Minister within 30 days after the time that the information became false or misleading, using the appropriate form referred to in section 9 or 10 of the Notice.

12. Use of a plan prepared or implemented for another purpose

Under subsection 57(1) of the Act, a person or class of persons may use a pollution prevention plan prepared or implemented for another purpose to satisfy the requirements of sections 2 to 11 of the Notice. Under subsection 57(2) of the Act, where a person or class of persons uses a plan that does not meet all the requirements of the Notice, the person or class of persons must either amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. A person or class of persons using existing plans must still file the Declaration of Preparation referred to in section 9 of the Notice, the Declaration of Implementation referred to in section 10 of the Notice, and, if applicable, any amended declarations under section 11 of the Notice.

13. Extension of time

Under subsection 56(3) of the Act, where the Minister is of the opinion that further time beyond the period referred to in section 5 is needed to prepare the plan, or that further time beyond the period referred to in section 6 is needed to implement the plan, the Minister may extend the period for a person or class of persons who submits a written “Request for Time Extension — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant — (Subsection 56(3) of CEPA 1999).” The written request must be submitted using the form that contains the information set out in Schedule 3 of the Notice, and must be made before the expiry of the date referred to in section 5 or section 6 of the Notice or before the expiry of any extended period.

14. Application for waiver of factors to consider

Under subsection 56(5) of the Act, the Minister may waive the requirement for a person or class of persons to consider a factor in preparing the plan specified in section 4 where the Minister is of the opinion that it is neither reasonable nor practicable to consider a factor on the basis of reasons provided by that person or class of persons when submitting a written “Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant — (Subsection 56(5) of CEPA 1999).” This written request must be submitted using the form that contains the information set out in Schedule 2 of the Notice. Such a request must be made before the expiry of the period within which the plan is to be prepared, as referred to in section 5 of the Notice or before the expiry of any extended period.

15. Performance measurement and evaluation of the notice

Performance measurement of the Notice will be conducted periodically in order to evaluate the effectiveness of the Notice in meeting its intended objectives. Performance reports summarizing the overall results to date will be posted online at http://www.ec.gc.ca/planp2-p2plan.

The Minister will evaluate the effectiveness of the Notice with respect to the risk management objective set out in section 4 of the Notice.

The Minister will determine whether other measures, including regulations, are needed to further prevent or reduce negative impacts of halocarbons on the environment and human health.

16. Resources

Guidance on preparing pollution prevention plans may be obtained from

Additional information and guidance on pollution prevention can be found on

17. Notice reference code: P2HALOCARBONS

For administrative purposes, all communication with Environment Canada concerning the Notice should refer to the reference code P2HALOCARBONS.

18. Public disclosure of information and forms

The Minister of the Environment intends to publish some parts of the information submitted in response to this Notice in Schedules 1 and 5 in the Pollution Prevention Planning section of Environment Canada's Web site.

Under section 313 of the Act, all persons or classes of persons submitting information to the Minister are entitled to submit a written request that specific information be treated as confidential. Persons submitting such a request should also include the reasons for that request.

The Notice includes the following forms:

Forms referred to in the Notice (Schedules 1, 2, 3 and 5) are published as part of the Notice and may be filled out electronically using the Pollution Prevention Planning Online Reporting Tool found on Environment Canada's Web site at www.ec.gc.ca/planp2-p2plan. Schedules 1 to 5 can be found in the Pollution Prevention Planning section of Environment Canada's Web site, at www.ec.gc.ca/planp2-p2plan/default.asp?lang=En&n=5D657E53-1.

19. Environment Canada contact information

For technical questions or comments about this proposed Notice, please contact

For more information about pollution prevention planning or reporting online, please contact

EXPLANATORY NOTE

(This note is not part of the Notice.)

Compliance with the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”) is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. 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 result, upon conviction (either summary conviction or indictment), in 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 the Department of Justice Canada Web site at 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.

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DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Notice of intent to amend the Food and Drug Regulations

Notice is hereby given that Health Canada intends to introduce proposed amendments to the Food and Drug Regulations to address the personal or own-use importation of veterinary drugs and strengthen the control over the importation of veterinary active pharmaceutical ingredients (APIs). The proposed regulatory amendments are part of the Government of Canada's Federal Action Plan on Antimicrobial Resistance and Use in Canada, which builds on the Federal Framework for Action announced on October 24, 2014.

Currently, the Food and Drug Regulations permit individuals to import drugs, including antimicrobials that are not approved for sale in Canada, and administer them to their animals. This practice has been termed “personal use importation” or “own-use importation.” While this practice may be considered necessary for companion animals travelling with their owners, the situation is substantially different for food-producing animals that will enter the food supply after being treated with drugs, including medically important antimicrobials.

The purpose of these proposed amendments to the Food and Drug Regulations is to protect public health and food safety and to align the Regulations with those of other countries while promoting the prudent use of antimicrobials in food animal production. The proposed amendments will incorporate appropriate oversight of the importation of APIs for veterinary use and the importation of veterinary drugs by individuals for use on their own animals. This will support efforts to minimize antimicrobial resistance (AMR) risks from antimicrobial use in animals and will allow for effective international alignment on the regulation of veterinary drugs. In contrast to major trading partners, Canada has limited oversight of own-use importation of veterinary drugs. The proposed amendments will better align Canadian oversight with that of other jurisdictions, in particular the United States. These proposed regulatory changes will be complementary to other measures included in the Federal Action Plan on AMR, such as the phasing-out of growth promotion claims and the introduction of veterinary oversight of all medically important antimicrobial drugs used in food animal production.

Proposed amendments

The proposed regulatory amendments would clarify under what circumstances a person could import a veterinary drug for their own use. A list of allowed drugs would be incorporated by reference into the Regulations and would be maintained by the Minister of Health. A drug would be eligible for inclusion on the list if

A drug would not be eligible for inclusion on the list if

In Canada and around the world, drugs are required to be made according to good manufacturing practices (GMPs). Adherence to GMPs mitigates manufacturing risks such as unintended contamination or adulteration, which may cause harm to those who use the drugs or consume food-producing animals that have been treated with drugs. GMPs have been required for drugs in dosage form for many years. In order to align the Regulations with those of foreign jurisdictions and further ensure the safety of drugs, this requirement was recently extended to APIs used in human drugs. This new proposal would require APIs for veterinary use to also be subject to GMPs. Additionally, and as per current requirements for human-use APIs, any person wishing to import an API for veterinary use would have to obtain an establishment licence (EL). These provisions are intended to ensure the quality of APIs and the safety of the drugs that are manufactured from them. Those APIs that are included on the list of substances for use in low-risk veterinary health products (LRVHPs) and that would be eligible for a notification number under the Interim Notification Pilot Program (INPP) would be exempt from the proposed requirements.

Consultation

Stakeholders, including industry, food animal producers, veterinary associations, provincial authorities, and other animal health groups, have been consulted regarding the proposed amendments. Comments and feedback received from those consultations showed general support for federal efforts to address own-use importation of veterinary drugs and importation of APIs to mitigate the risk of AMR. The proposed amendments have integrated feedback and comments received to date, with consultations ongoing to further solicit stakeholder feedback. The proposed amendments will be published in the Canada Gazette, Part I, for consultation.

For additional information on these proposed changes, please contact Dana Wang, Office of Legislative and Regulatory Modernization, Policy, Planning and International Affairs Directorate, Health Products and Food Branch, Health Canada, Holland Cross, Tower B, 5th Floor, Address Locator 3105A, 1600 Scott Street, Ottawa, Ontario K1A 0K9, 613-941-7104 (fax), LRM_MLR_consultations@hc-sc.gc.ca (email).

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments
Name and position Order in Council
Bryan, J. Dena 2015-370
  • Canadian Human Rights Tribunal
 
  • Part-time member
 
Caldwell, The Hon. Neal W. 2015-327
  • Government of Saskatchewan
 
  • Administrator
 
  • March 28 to April 12, 2015
 
Canadian Human Rights Tribunal  
  • Part-time members
 
  • Bryan, J. Dena
2015-370
  • Cantin, Christiane
2015-369
Chidley, Gerard 2015-389
  • Northwest Atlantic Fisheries Organization — General Council and Fisheries Commission
 
  • Canadian representative
 
Cross, Carolyn 2015-374
  • National Research Council of Canada
 
  • Member
 
Culbert, Heather 2015-364
  • Export Development Canada
 
  • Director of the Board of Directors
 
Donoghue, Christine 2015-367
  • Public Service Commission
 
  • Acting President
 
Evanchuk, James Thomas 2015-381
  • National Seniors Council
 
  • Member
 
Fichaud, The Hon. Joel E. 2015-328
  • Government of Nova Scotia
 
  • Administrator
 
  • March 30 to April 1, 2015
 
Filmon, Janice Clare, C.M., O.M. 2015-336
  • Lieutenant Governor of the Province of Manitoba
 
Fitzpatrick, Jane M. 2015-392
  • Supreme Court of Newfoundland and Labrador, Trial Division
 
  • Judge
 
  • Court of Appeal of the Supreme Court of Newfoundland and Labrador
 
  • Member ex officio
 
Friday, Joe 2015-393
  • Public Sector Integrity Commissioner
 
Government of Ontario 2015-337
  • Administrators
 
  • Feldman, The Hon. Kathryn N.
 
  • April 28 to April 30, 2015
 
  • Lauwers, The Hon. Peter D.
 
  • March 26 to March 27, March 29 to April 2 and April 18 to April 19, 2015
 
Immigration and Refugee Board  
  • Full-time member
 
  • MacAulay, Philip J.
2015-360
  • Full-time member and Deputy Chairperson
 
  • Sandhu, Ken S.
2015-359
International Development Research Centre  
  • Canadian Governors of the Board of Governors
 
  • Gilmore, Scott
2015-378
  • Heath, Alanna
2015-379
Jha, Aditya 2015-380
  • National Capital Commission
 
  • Member of the Board of Directors
 
Kennedy, Patricia Anne 2015-383
  • Canadian Air Transport Security Authority
 
  • Director of the board of directors
 
Mackasey, Michael 2015-398
  • Canada Development Investment Corporation
 
  • Director of the Board of Directors
 
Martel-Vaillancourt, Francine 2014-365
  • Canada Revenue Agency
 
  • Director of the Board of Management
 
McGregor, Ellen 2015-388
  • Canada Foundation for Sustainable Development Technology
 
  • Director
 
Mc Kenzie, Guy 2015-368
  • The Jacques-Cartier and Champlain Bridges Inc.
 
  • Director of the Board of Directors
 
Mc Master, Claude 2015-371
  • Business Development Bank of Canada
 
  • Director of the Board of Directors
 
McNeil, Christopher J. 2015-377
  • Veterans Review and Appeal Board
 
  • Permanent member
 
Monet, Jacques 2015-335
  • Advisory Committee on Vice-Regal Appointments
 
  • Member — part-time basis
 
National Research Council of Canada  
  • Member
 
  • Josefo, Jay
2015-373
  • President
 
  • McDougall, John R.
2015-372
Parole Board of Canada  
  • Full-time members
 
  • Chartrand, Suzanne
2015-361
  • Lalonde, Michel
2015-363
  • Part-time member
 
  • Roussel, Gilles
2015-362
Port Authority  
  • Directors
 
  • Brewer, Philip Carroll — Saint John
2015-384
  • Kerfoot, Carol Alexandra — Vancouver Fraser
2015-387
  • Langlois, Manon — Sept-Îles
2015-385
  • Neeser, Craig — Vancouver Fraser
2015-386
Profit, Sherra 2015-366
  • Special adviser to the Minister of National Revenue, to be known as the Taxpayers' Ombudsman
 
Robert, Charles  
  • Clerk of the Senate and Clerk of the Parliaments on an interim basis
2015-332
  • and
 
  • Senate of Canada
2015-333
  • Commissioner to administer oaths
 
Sapers, Howard Ian 2015-397
  • Correctional Investigator of Canada
 
Shelston, Mark P. 2015-390
  • Superior Court of Justice in and for the Province of Ontario, a member of the Family Court
 
  • Judge
 
  • Court of Appeal for Ontario
 
  • Judge ex officio
 
Skelton, The Hon. Carol 2015-376
  • Royal Canadian Mint
 
  • Director of the Board of Directors
 
Sparkes, Sharon Elizabeth 2015-382
  • Canada Post Corporation
 
  • Director of the Board of Directors
 
Superior Court of Justice in and for the Province of Ontario  
  • Judges
 
Court of Appeal for Ontario  
  • Judges ex officio
 
  • Howard, J. Paul R.
2015-394
  • Sweeny, Paul R.
2015-391
Tu Weissenberger, Angela 2015-375
  • Canada Deposit Insurance Corporation
 
  • Member of the Board of Directors
 

April 10, 2015

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the North Bay Police Service as fingerprint examiners:

Ottawa, March 27, 2015

KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch

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DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Royal Canadian Mounted Police as fingerprint examiners:

Ottawa, March 27, 2015

KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch

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