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Weather Modification Information Regulations (C.R.C., c. 1604)

Regulations are current to 2019-08-28

Weather Modification Information Regulations

C.R.C., c. 1604

WEATHER MODIFICATION INFORMATION ACT

Regulations Prescribing the Registration and Provision of Information Respecting Weather Modification Activities within Canada and Canadian Waters

Short Title

 These Regulations may be cited as the Weather Modification Information Regulations.

Interpretation

 In these Regulations,

Act

Act means the Weather Modification Information Act; (Loi)

weather modifier

weather modifier means any person who engages in any weather modification activity. (agent de la modification du temps)

Designation of Administrator

 The Assistant Deputy Minister, Atmospheric Environment Service, Department of the Environment is designated Administrator for the purposes of the Act and these Regulations.

Information

  •  (1) The information specified in Schedule I is hereby prescribed for the purposes of subsection 3(1) of the Act.

  • (2) The information specified in Schedule I shall be sent to the Administrator by registered mail at least 10 days before the commencement of the weather modification activity to which the information relates.

  • (3) Where a person who has provided the Administrator with information in accordance with subsection (2) proposes to make a change in the weather modification activity to which the information relates, that person shall forthwith by registered mail provide the Administrator with appropriate changes in that information.

  • (4) Where a person who has provided the Administrator with information in accordance with subsection (2) decides to abandon the proposed weather modification activity to which the information relates, that person shall forthwith by registered mail notify the Administrator of his decision to abandon the proposed activity.

  • (5) Notwithstanding subsection (2), where in the opinion of the Administrator there is any reasonable cause why the information required by that subsection cannot be provided at least 10 days before the commencement of a weather modification activity, he may at his discretion waive the 10 days notice period.

Records

 A daily record of a weather modification activity maintained pursuant to paragraph 4(1)(a) of the Act shall be maintained in the form and manner set out in Schedule II.

Reports

  •  (1) A report to be submitted to the Administrator pursuant to paragraph 4(1)(b) of the Act shall be submitted in the form and manner set out in Schedule III subject to such modifications as may be necessary in order for the form to contain any information or observations specified by the Administrator.

  • (2) Where more than one report is submitted to the Administrator pursuant to paragraph 4(1)(b) of the Act in respect of the same weather modification activity, any subsequent reports may be abbreviated by clear reference to any preceding reports in respect of any factual details that remain unchanged.

SCHEDULE I(s. 4)

  • 1 General Identification

    • (a) date of notice;

    • (b) province and general area of proposed activity or operations;

    • (c) date operations expected to begin;

    • (d) expected total duration of operating period;

    • (e) primary atmospheric elements to be affected;

    • (f) primary results expected, i.e. increase, suppress, disperse, etc.;

    • (g) class of operation, e.g. research, operational, experimental, etc.;

    • (h) whether mainly ground operation or airborne, or both;

    • (i) class of beneficiary, e.g. agriculture, forestry, etc.

  • 2 General Information Concerning Weather Modifier

    • (a) name of organization;

    • (b) address of organization;

    • (c) telephone number of organization;

    • (d) name of chief officer of organization;

    • (e) title of chief officer of organization;

    • (f) permanent address of chief officer of organization;

    • (g) telephone number of chief of organization;

    • (h) experience and qualifications of chief officer of organization or of a designated technical or operations officer, as related to the proposed weather modification activity;

    • (i) if subsidiary or affiliate, name and address of parent organization;

    • (j) other activities of organization;

    • (k) public liability insurance carried applicable to the proposed weather modification activity and to any consequential effects;

    • (l) list of up to five similar weather modification activities, clearly identified, undertaken by organization

      • (i) in Canada, and

      • (ii) elsewhere;

    • (m) other representative weather modification activities previously undertaken by organization, stated briefly with references;

    • (n) type of any of the operations under this proposal to be subcontracted to other persons, and to whom.

  • 3 General Information Concerning Organization for Whom Activity is to be Conducted

    • (a) name of organization;

    • (b) address of organization;

    • (c) telephone number of organization;

    • (d) name of chief officer of organization;

    • (e) title of chief officer of organization;

    • (f) permanent address of chief officer of organization;

    • (g) telephone number of chief officer of organization;

    • (h) nature of organization.

  • 4 General Information Concerning all Field Bases of Activity

    • (a) primary field base of organization for the operation;

    • (b) address and location of primary field base;

    • (c) telephone number of primary field base;

    • (d) specific locations of any secondary field bases and their functions.

  • 5 General Information Concerning Operating Field Personnel

    • (a) name of field officer in charge;

    • (b) title of field officer in charge;

    • (c) permanent address of field officer in charge;

    • (d) permanent telephone number of field officer in charge;

    • (e) brief statement of experience and qualifications of field officer in charge;

    • (f) field address of field officer in charge;

    • (g) field telephone number of field officer in charge;

    • (h) total numbers of field personnel to be employed full and part time in operations;

    • (i) names, addresses and telephone numbers of persons having custody of daily record of activities as specified in section 5 of these Regulations.

  • 6 General Information Concerning Proposed Activity

    • (a) reasons of organization for whom activity is to be conducted for seeking weather modification;

    • (b) specific modifications sought;

    • (c) quantitative estimate of modification effect expected;

    • (d) any secondary effects that may be anticipated;

    • (e) geographic area to be affected by the operation (a detailed map, of a scale equal to or greater than 1:500,000, of the area to be affected must be enclosed with the boundaries clearly marked);

    • (f) estimate of any geographic area that might be affected outside the area indicated in paragraph (e);

    • (g) approximate total cost of activity;

    • (h) approximate total funds to be expended in Canada in the operation;

    • (i) general periods of operation (e.g. — days with warm fog only).

  • 7 General Information Concerning Operations and Techniques

    • (a) general

      • (i) method(s) to be used,

      • (ii) general principle(s) of technique(s) to effect modification, i.e. outline any modification models or hypothesis on which activity is based,

      • (iii) brief description of specific technique used in operation,

      • (iv) brief description of typical operation,

      • (v) if the weather modifier considers himself to hold proprietary rights or things patentable concerning any aspect of the operation, these should be specified,

      • (vi) any patents held or applied for concerning any aspects of the operation should be specified, indicating by whom and where;

    • (b) equipment to effect modification

      • (i) types of equipment to be used, including for each type

        • (A) common nomenclature of equipment,

        • (B) numbers,

        • (C) general principle of operation,

        • (D) where applicable a brief description of the functional aspects in terms applicable to its usually intended purpose and principle of operation, e.g. for a silver iodide smoke generator — ice nucleating smoke output in numbers of ice nuclei per unit time active at a specified temperature,

      • (ii) proposed location or operating locale of any equipment used, clearly indicated on a map referred to in paragraph 6(e) of this Schedule or equivalent,

      • (iii) any patents held or applied for, for any equipment used in the operation, indicating by whom and where applied for, and the patent number;

    • (c) material(s) to be emitted or dispersed into the atmosphere, including for each where applicable:

      • (i) general class,

      • (ii) generic name,

      • (iii) common name,

      • (iv) chemical composition and nature,

      • (v) physical state,

      • (vi) size(s) of particles,

      • (vii) dispersal rate(s) per hour,

      • (viii) dispersal rate(s) per period of operation,

      • (ix) maximum rate of emission,

      • (x) total quantities to be dispersed,

      • (xi) expected hours of operation of any equipment or of operations emitting or dispersing materials into the atmosphere, with expected daily totals of hours of operation and total for the complete activity, and

      • (xii) toxic, corrosive or other harmful effects of any of the materials, however minor, where specifically known indicating any known references or any tests performed; otherwise, an assessment of any possible harmful effects. (The modifier should assure himself that there are no violations of the Clean Air Act or other legislation and provision of information under this Schedule does not signify approval or compliance with any other legislation.)

  • 8 General Information Concerning the Use of any Aircraft or Airborne Equipment

    • (a) whether aircraft or any airborne equipment is to be used indicating number of vehicles and equipment of each category;

    • (b) a copy of the valid “Operating Certificate” issued under the authority of the Minister of Transport pursuant to the Aeronautics Act, appertaining to any airborne operations of the activity. (The aircraft operator or modifier should assure himself that there will be no violations of the Canadian Aeronautics Act, Air Regulations, Air Navigation Orders or other appertaining legislation and provision of information under this Schedule does not constitute approval or compliance with any Act other than the Weather Modification Information Act.)

  • 9 General Information Concerning Use of any Ground Vehicles

    • (a) numbers and types of self-powered vehicles to be used in the activity or operation;

    • (b) numbers, types and function of any other mobile vehicles to be used in the activity or operation;

    • (c) general areas of operation or location of any vehicles.

  • 10 General Information Concerning any Measuring or Observing Instrumentation

    • (a) a brief description of any special atmospheric or other observations to be made by the weather modifier, or for the weather modifier by arrangement with other persons, as a result of the activity or operation;

    • (b) itemization of any measuring or observing instrumentation that will be installed or used particularly for this activity, indicating the general nature of the instrumentation and location of usage or installation (a summary map may be used).

  • 11 Certification by Organization for Whom Activity is to be Conducted

    • (a) statement identifying activity, certifying that the activity is to be conducted for the organization and outlining the working arrangement with person conducting the activity;

    • (b) name of the organization;

    • (c) name of certifying officer in full;

    • (d) title of certifying officer;

    • (e) signature of certifying officer and date.

  • 12 Certification by Person Proposing to Conduct the Activity

    • (a) statement certifying truth of all information provided to the Administrator pursuant to subsection 3(1) of the Act;

    • (b) name of the organization (or person);

    • (c) name of certifying officer in full;

    • (d) title of certifying officer;

    • (e) signature of certifying officer and date.

SCHEDULE II(s. 5)

Form
  • 1 Daily records shall be maintained in a form that will allow ready recognition of the detailed information required by paragraph 4(1)(a) of the Act under the following categories:

    • (a) name of the field officer in charge;

    • (b) names of personnel engaged in any field operations, together with their employment function and area of operation;

    • (c) names of locations of all custodians and authorized holders of records;

    • (d) locations and functions of all field bases;

    • (e) location of each piece of equipment and instrumentation of any sort, identification of the piece, function, hours and times of operation, names of operators and custodians;

    • (f) materials emitted or dispersed into the atmosphere including class, physical state, size, generic and common name, chemical composition and quantities, rates, hours and times of emission or dispersion;

    • (g) aircraft log data and flight plans including identification as to purpose of flights;

    • (h) general tracks and areas of operation of any aircraft, the aircraft speed, flight altitudes and temperature at flight altitude, all with accuracy consistent with the instrumentation normally available in the aircraft and with the attendant ground facilities, and the time of special operation of the aircraft and facilities while actually engaged in weather modification procedures to within ±5 minutes;

    • (i) location and operations of any self-powered ground vehicles;

    • (j) locations and operations of any other mobile vehicles;

    • (k) any special atmospheric or other observations made appertaining to the weather modification activity;

    • (l) exact location of area for which modification of weather is being sought on each occasion.

Manner
  • 2 Daily records shall be

    • (a) maintained in an orderly manner;

    • (b) clearly itemized as to their content, origin and recording officer;

    • (c) clearly understandable to any person knowledgeable in the subject matter but not directly associated with the weather modification activities; and

    • (d) readily available for inspection.

SCHEDULE III(s. 6)

Form
  • 1 Reports shall be in a form that

    • (a) clearly describes the weather modification activity to which they relate; and

    • (b) provides the information described in subparagraphs 4(1)(b)(i) to (iii) of the Act and specified by the Administrator pursuant to subparagraph 4(1)(b)(iv) of the Act.

  • 2 The last report submitted in respect of the weather modification activity that is not completed within one month shall, in addition to containing the information required for the last month, contain a summary of the information provided for all months during which the activity was carried on.

Manner
  • 3 Reports shall be submitted in duplicate.

  • 4 A certificate shall be endorsed on each report signed by the weather modifier or by an authorized official of the weather modifier where the weather modifier is not an individual.

  • 5 The certificate referred to in section 4 shall certify that the report contains a true account of all weather modification activities undertaken for the period covered by the report and that the information is complete and correct to the best of the knowledge of the person signing the certificate.

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