ARCHIVED — Vol. 151, No. 22 — June 3, 2017

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GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1

The Minister of Citizenship and Immigration, pursuant to section 10.3 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1.

Ottawa, May 29, 2017

Ahmed D. Hussen
Minister of Citizenship and Immigration

Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1

Amendments

1 The Ministerial Instructions Respecting the Express Entry System (see footnote 1) are amended by adding the following before section 1:

Interpretation

2 The Instructions are amended by adding the following before section 2:

General

3 Subsection 3(4) of the Instructions is replaced by the following:

Expired results

(4) If, during the period when an expression of interest is in the express entry pool, the results of a language test provided for that expression of interest under paragraph (3)(a) are two or more years old, or if the results of an assessment of equivalency of educational credentials provided for that expression of interest under paragraph (3)(b) are five or more years old, the foreign national is deemed, for the purposes of subsection 5(1), to no longer be able to meet the requirements of the Regulations that are related to those results.

4 Subsection 4(1) of the Instructions is replaced by the following:

Express entry pool

4 (1) If a foreign national’s expression of interest demonstrates that they meet the requirements of subsection 5(1), it is to be included in the express entry pool until the earliest of

  • (a) the day on which the expression of interest demonstrates that the foreign national no longer meets the requirements of subsection 5(1),
  • (b) the day that is one year after the day on which the expression of interest was received, at the time it was received, and
  • (c) if the Minister issues an invitation,
    • (i) the day on which the foreign national makes an application for a permanent resident visa in response to the invitation, or
    • (ii) the day on which the period referred to in section 6 expires, if the foreign national has not declined the invitation.

5 Section 5 of the Instructions is replaced by the following:

Eligibility criteria

5 (1) In order to be eligible to be issued an invitation, a foreign national must, if the expression of interest were to be considered an application for a permanent resident visa as a member of one of the classes referred to in paragraphs 2(a) to (c), be able to meet the requirements to be a member of that class as well as the selection criteria and other requirements for receiving a permanent resident visa as a member of that class.

Ability to meet requirements

(2) The determination as to whether a foreign national meets the requirements of subsection (1) is made on the basis of the information provided in the expression of interest and an officer must not substitute their evaluation of whether or not the foreign national meets those requirements.

6 (1) Subsection 7(1) of the Instructions is repealed.

(2) Paragraphs 7(2)(c) and (d) of the Instructions are replaced by the following:

  • (c) whether the foreign national has a relative who is a Canadian citizen or a permanent resident and is residing in Canada;
  • (d) the province of residence of their relatives who live in Canada and are Canadian citizens or permanent residents and their relationship to those relatives;

(3) Paragraph 7(2)(o) of the Instructions is replaced by the following:

  • (o) the official language they specified as their first official language;

(4) The portion of subsection 7(3) of the French version of the Instructions before the first definition is replaced by the following:

Définitions

(3) Les définitions qui suivent s’appliquent au présent article.

7 Sections 8 and 9 of the Instructions are replaced by the following:

Comprehensive Ranking System factor categories

8 (1) In accordance with these Instructions, points are assigned under the Comprehensive Ranking System to each foreign national whose expression of interest is included in the express entry pool, on the basis of the information provided in that expression of interest, according to the following categories of factors:

  • (a) the category of core human capital factors, namely
    • (i) age,
    • (ii) level of education,
    • (iii) official language proficiency, and
    • (iv) Canadian work experience;
  • (b) the category of accompanying spouse or common-law partner factors, namely
    • (i) level of education of the spouse or common-law partner,
    • (ii) official language proficiency of the spouse or common-law partner, and
    • (iii) Canadian work experience of the spouse or common-law partner;
  • (c) the category of skill transferability factors, namely
    • (i) the combination of level of education and official language proficiency,
    • (ii) the combination of level of education and Canadian work experience,
    • (iii) the combination of foreign work experience and official language proficiency,
    • (iv) the combination of Canadian work experience and foreign work experience, and
    • (v) the combination of a certificate of qualification and official language proficiency; and
  • (d) the category of additional factors, namely
    • (i) a provincial nomination,
    • (ii) a qualifying offer of arranged employment,
    • (iii) Canadian educational credentials,
    • (iv) a sibling in Canada, and
    • (v) French-language proficiency.

Comprehensive Ranking System – Total number of points

(2) The total number of points that may be assigned under the Comprehensive Ranking System is 1200 points, allocated as follows:

  • (a) for the core human capital factors
    • (i) a maximum of 500 points if the foreign national has no accompanying spouse or common-law partner, or
    • (ii) a maximum of 460 points if the foreign national has an accompanying spouse or common-law partner;
  • (b) for accompanying spouse or common-law partner factors, a maximum of 40 points;
  • (c) for skill transferability factors, a maximum of 100 points; and
  • (d) for additional factors, a maximum of 600 points.

Determination of rank required for invitation

(3) The determination as to whether a foreign national occupies the rank required in order to be issued an invitation under paragraph 10.2(1)(b) of the Act is to be made using

  • (a) the number of points assigned to the foreign national under the Comprehensive Ranking System; and
  • (b) if more than one foreign national has been assigned the same number of points under the Comprehensive Ranking System, the date and time the expression of interest was submitted, as recorded in the Express Entry System.

Points for Core Human Capital Factors

8 The portion of subsection 10(1) of the Instructions before paragraph (a) is replaced by the following:

Age

10 (1) The points that are to be assigned for the age factor referred to in subparagraph 8(1)(a)(i) are the following:

9 (1) The portion of subsection 11(1) of the Instructions before paragraph (a) is replaced by the following:

Level of education

11 (1) The points that are to be assigned for the level of education factor referred to in subparagraph 8(1)(a)(ii) are the following:

(2) Paragraph 11(3)(b) of the Instructions is replaced by the following:

  • (b) they must have an educational credential equivalency assessment in respect of their foreign educational credentials issued by an organization or institution designated under subsection 75(4) of the Regulations.

(2) Paragraph 11(4)(b) of the Instructions is replaced by the following:

  • (b) paragraph (1)(b) is 140 points.

(3) Subsection 11(5) of the Instructions is replaced by the following:

Five-year duration

(5) When the equivalency assessment referred to in paragraph (3)(b) is five or more years old, points cease to be assigned under subsection 11(1) and the points assigned to the foreign national under the Comprehensive Ranking System are to be adjusted accordingly.

10 (1) Subsection 12(1) of the Instructions is replaced by the following:

Official language proficiency

12 (1) The points that are to be assigned for the official language proficiency factor referred to in subparagraph 8(1)(a)(iii) consist of points for the proficiency of a foreign national in their first official language and points for their proficiency in their second official language.

(2) The portion of subsection 12(2) of the French version of the Instructions before paragraph (a) is replaced by the following:

Première et seconde langues officielles

(2) Pour se voir attribuer des points en application du paragraphe (1) pour ses compétences linguistiques dans les langues officielles, l’étranger doit à la fois :

11 The portion of subsection 13(2) of the French version of the Instructions before paragraph (a) is replaced by the following:

Nombre de points maximum pour chaque habileté langagière

(2) Le nombre de points maximum qui peut être attribué pour chacune des quatre habiletés langagières est de :

12 (1) The portion of subsection 14(1) of the Instructions before paragraph (a) is replaced by the following:

Second official language proficiency

14 (1) The points that may be assigned for proficiency in each of the language skill areas in the second official language of a foreign national, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

(2) Subsection 14(2) of the French version of the Instructions is replaced by the following:

Nombre de points maximum pour chaque habileté langagière

(2) Le nombre de points maximum qui peut être attribué pour chacune des habiletés langagières en application des alinéas (1)a) et (1)b) est de 6 points.

13 (1) The portion of subsection 15(1) of the Instructions before paragraph (a) is replaced by the following:

Canadian work experience

15 (1) The points that are to be assigned for the Canadian work experience factor referred to in subparagraph 8(1)(a)(iv) are the following:

(2) Subparagraph 15(1)(a)(vi) of the French version of the Instructions is replaced by the following:

  • (vi) 80 points pour cinq années ou plus d’expérience de travail au Canada;

14 Section 16 of the Instructions is replaced by the following:

Points for Accompanying Spouse or Common-law Partner Factors

15 (1) The portion of subsection 17(1) of the Instructions before paragraph (a) is replaced by the following:

Level of education

17 (1) The points that are to be assigned to a foreign national for the level of education factor referred to in subparagraph 8(1)(b)(i) are the following:

(2) Paragraph 17(3)(b) of the Instructions is replaced by the following:

  • (b) that spouse or common-law partner must have an education credential equivalency assessment in respect of their foreign educational credentials issued by an institution designated under subsection 75(4) of the Regulations.

(3) Subsection 17(4) of the Instructions is replaced by the following:

Five-year duration

(4) When the equivalency assessment referred to in paragraph (3)(b) is five or more years old, points cease to be assigned under subsection 17(1) and the points assigned to the foreign national under the Comprehensive Ranking System are to be adjusted accordingly.

16 (1) Subsection 18(1) of the Instructions is replaced by the following:

Official language proficiency

18 (1) The points that are assigned to a foreign national for the official language proficiency factor referred to in subparagraph 8(1)(b)(ii) are to be based on the language proficiency of their accompanying spouse or common-law partner in their first official language.

(2) The portion of subsection 18(4) of the Instructions before paragraph (a) is replaced by the following:

First official language proficiency

(4) The points that are to be assigned to a foreign national for the proficiency of their accompanying spouse or common-law partner in each of the language skill areas in the first official language of the accompanying spouse or common-law partner are the following:

(3) Subsections 18(5) and 18(6) of the Instructions are replaced by the following:

Maximum points for each language skill area

(5) The maximum number of points that are to be assigned under subsection (4) for each of the language skill areas is 5 points.

Maximum points for all language skill areas

(6) The maximum number of points that are to be assigned under subsection (4) for all of the language skill areas, taken together, is 20 points.

17 (1) The portion of subsection 19(1) of the Instructions before paragraph (a) is replaced by the following:

Canadian work experience factor

19 (1) The points that are to be assigned to a foreign national for the Canadian work experience factor referred to in subparagraph 8(1)(b)(iii) are the following:

(2) Paragraph 19(8)(c) of the French version of the Instructions is replaced by the following:

  • c) l’époux ou le conjoint de fait accompagnant l’étranger doit détenir le statut de résident temporaire durant la période de travail et durant toute période d’études ou de formation à temps plein;

18 Section 20 of the Instructions is replaced by the following:

Points for Skill Transferability Factors

19 (1) The portion of subsection 21(1) of the Instructions before paragraph (a) is replaced by the following:

Combination of level of education and official language proficiency

21 (1) The points that may be assigned for a combination of the level of education of a foreign national and their proficiency in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

(2) Paragraph 21(1)(a) of the French version of the Instructions is replaced by the following:

  • (a) 0 point, si l’étranger a obtenu au plus un diplôme d’études secondaires sans égard à l’évaluation de sa première langue officielle;

20 (1) The portion of subsection 22(1) of the Instructions before paragraph (a) is replaced by the following:

Combination of level of education and Canadian work experience

22 (1) The points that may be assigned for a combination of the level of education of a foreign national and their Canadian work experience are the following:

(2) Subsection 22(3) of the Instructions is repealed.

21 The portion of section 23 of the Instructions before paragraph (a) is replaced by the following:

Combination of foreign work experience and official language proficiency

23 The points that may be assigned for a combination of the foreign national’s foreign work experience and their level of proficiency in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

22 (1) The portion of subsection 24(1) of the Instructions before paragraph (a) is replaced by the following:

Combination of Canadian work experience and foreign work experience

24 (1) The points that may be assigned for a combination of the Canadian work experience and foreign work experience of a foreign national are the following:

(2) Subsection 24(2) of the Instructions is repealed.

23 (1) The portion of subsection 26(1) of the Instructions before paragraph (a) is replaced by the following:

Combination of certificate of qualification and official language proficiency

26 (1) The points that may be assigned to a foreign national for their certificate of qualification in a trade occupation issued by a competent provincial or federal authority and their level of proficiency in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

(2) Paragraph 26(2)(a) of the Instructions is replaced by the following:

  • (a) must hold a valid certificate of qualification in a trade occupation issued by a competent provincial or federal authority; and

(3) Subsection 26(3) of the Instructions is repealed.

24 Sections 27 and 27.1 of the Instructions are replaced by the following:

Calculation of points assigned for skill transferability factors

27 Subject to the maximum set out in paragraph 8(2)(c), the points assigned for skill transferability factors are to be calculated by adding

  • (a) the sum of the points assigned under subsections 21(1) and 22(1), to a maximum of 50 points;
  • (b) the sum of the points assigned under section 23 and subsection 24(1) to a maximum of 50 points; and
  • (c) the points assigned under subsection 26(1).

Points for Additional Factors

25 The portion of subsection 28(1) of the Instructions before paragraph (a) is replaced by the following:

Points for provincial nomination certificate

28 (1) Six hundred points may be assigned to a foreign national if they are named in a nomination certificate referred to in paragraph 87(2)(a) of the Regulations that is issued by the government of a province referred to in paragraph 2(d) of these Instructions and the nomination has been

26 (1) Subparagraph 29(2)(a)(iii) of the Instructions is replaced by the following:

  • (iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations, the offer is made by an employer who is specified on the work permit and the foreign national works for that employer and has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work in Canada for that employer;

(2) Subparagraph 29(2)(b)(iii) of the Instructions is replaced by the following:

  • (iii) the foreign national holds a valid work permit issued under the circumstances described in paragraph 204(a) or (c) or section 205 of the Regulations that specifies the employer or employers that made the offer, and the foreign national works for an employer specified on the permit and has accumulated a total of at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work in Canada for the employers who made the offer.

27 The portion of subsection 30(1) of the Instructions before paragraph (a) is replaced by the following:

Points for Canadian educational credential

30 (1) The points that may be assigned for Canadian educational credential factors are the following:

28 Section 31 of the Instructions is replaced by the following:

Points for sibling in Canada

31 (1) Fifteen points may be assigned to a foreign national if either they or their accompanying spouse or common-law partner has at least one sibling who is

  • (a) 18 years or older;
  • (b) a Canadian citizen or permanent resident; and
  • (c) living in Canada.

Clarification

(2) For the purpose of subsection (1), a sibling of a foreign national or of the foreign national’s accompanying spouse or common-law partner is the biological or adoptive child of

  • (a) their father or their mother;
  • (b) their father’s or mother’s spouse; or
  • (c) their father’s or mother’s common-law partner.

Points for French-language proficiency

32 (1) The number of points that may be assigned to a foreign national on the basis of their French-language proficiency is the following:

  • (a) 15 points, if the results of a language test that is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection indicate that their proficiency in the French language is assessed at level 7 or higher in all language skill areas, according to the benchmarks set out in the Niveaux de compétence linguistique canadiens; and
  • (b) 15 points, if the foreign national is assigned points under paragraph (a) and the results of a language test that is approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection indicate that their proficiency in the English language is assessed at level 5 or higher in all language skill areas, according to the benchmarks set out in the Canadian Language Benchmarks.

Two-year duration

(2) When the results of a language test referred to in subsection (1) are two or more years old, points cease to be assigned for the language proficiency assessed by that test and the points assigned to the foreign national under the Comprehensive Ranking System are to be adjusted accordingly.

Coming into Force

29 These Instructions come into force on June 6, 2017.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Roster of review officers

The Minister of the Environment, pursuant to section 243 of the Canadian Environmental Protection Act, 1999 (see footnote 2), hereby appoints Jerry DeMarco to the roster of review officers, to hold office during good behaviour for a term of three years, effective May 19, 2017.

Ottawa, May 19, 2017

Catherine McKenna
Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Roster of review officers

The Minister of the Environment, pursuant to section 243 of the Canadian Environmental Protection Act, 1999 (see footnote 3), hereby appoints Leslie Belloc-Pinder to the roster of review officers, to hold office during good behaviour for a term of three years, effective May 19, 2017.

Ottawa, May 19, 2017

Catherine McKenna
Minister of the Environment

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DEPARTMENT OF HEALTH

CONTROLLED DRUGS AND SUBSTANCES ACT

Notice to interested parties — Proposal regarding the scheduling of U-47700 under the Controlled Drugs and Substances Act and its Regulations

This notice provides interested stakeholders with the opportunity to provide comments on Health Canada’s proposal to add U-47700 (3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide) and its salts, isomers, derivatives and analogues, and salts of isomers, derivatives and analogues to Schedule I to the Controlled Drugs and Substances Act (CDSA) and to Part I of the Schedule to Part J of the Food and Drug Regulations (FDR).

In March 2017, the United Nations (UN) Commission on Narcotic Drugs voted in favour of controlling U-47700 under Schedule I of the Single Convention on Narcotic Drugs, 1961 (1961 Convention). As a signatory to the 1961 Convention, Canada has an obligation to adopt controls over this substance. The CDSA is the legislation through which the Government of Canada fulfills its international obligations under the UN drug control conventions.

U-47700, a synthetic opioid, was initially conceived as a potential pharmaceutical ingredient in the late 1970s. However, it was never developed for use as a medicinal drug in Canada or internationally. There is no known evidence demonstrating that U-47700 has any legitimate use apart from scientific research.

U-47700 appears to be used by illicit drug manufacturers in counterfeit prescription medications and other illicit drug mixtures (e.g. cocaine, heroin). U-47700 has been detected in at least 254 law enforcement drug seizure exhibits identified by Health Canada in 2016 alone.

Although no animal or human abuse liability studies on U-47700 are available, Internet user reports describe the effects of U-47700 use as similar to those of opioids, which are known to be misused recreationally. Over 130 Internet user reports and over 40 reports of fatal and non-fatal overdoses demonstrate that U-47700 is being used recreationally in Canada and internationally. From April to June 2016, three non-fatal overdoses reported to be associated with U-47700 occurred in Canada.

Health Canada also examined substances structurally related to U-47700 in relation to this regulatory proposal. Several substances with similar pharmacology to U-47700 and with no known legitimate uses are also being considered for control along with U-47700.

It is proposed that the new entry in Schedule I to the CDSA and Part I of the Schedule to Part J of the FDR would include the following:

U-47700 (3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide) and its salts, isomers, derivatives and analogues and salts of isomers, derivatives and analogues, including

  • (1) Bromadoline (4-bromo-N-(2-(dimethylamino)cyclohexyl)benzamide);
  • (2) U-47109 (3,4-dichloro-N-(2-(dimethylamino) cyclohexyl)benzamide);
  • (3) U-48520 (4-chloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide);
  • (4) U-50211 (N-(2-(dimethylamino)cyclohexyl)- 4-hydroxy-N-methylbenzamide); and
  • (5) U-77891 (3,4-dibromo-N-methyl-N-(1-methyl-1-azaspiro[4.5]decan-6-yl)benzamide).

These proposed amendments would prohibit, among other activities, the possession, trafficking, possession for the purpose of trafficking, importation, exportation, possession for the purpose of exportation, and production of the above-mentioned substances. Research or scientific use of these substances could be authorized under Part J of the FDR.

Some substances used to synthesize U-47700 were also considered. One substance used to synthesize U-47700, specifically N1,N1,N2-trimethylcyclohexane-1,2-diamine and its salts, is currently being considered for control under the Precursor Control Regulations (PCR). The PCR set out a licensing and permitting framework authorizing regulated parties to conduct activities with Class A or Class B precursors under certain circumstances.

Health Canada is seeking information from stakeholders on whether there are any legitimate uses for any of the structurally related substances to U-47700 or the substance N1,N1,N2-trimethylcyclohexane-1,2-diamine and its salts in Canada. Information received in response to this notice will be used in determining their appropriate regulation under the CDSA.

The publication of this notice in the Canada Gazette, Part I, initiates a 30-day comment period. If you are interested in this process or have comments on this notice, please contact the Office of Legislative and Regulatory Affairs, Controlled Substances Directorate, Healthy Environments and Consumer Safety Branch, Health Canada, by mail at Address Locator: 0301A, 150 Tunney’s Pasture Driveway, Ottawa, Ontario K1A 0K9, or by email at ocs_regulatorypolicy-bsc_politiquereglementaire@hc-sc.gc.ca.

June 3, 2017

Ana G. Renart
Director General
Controlled Substances Directorate
Healthy Environments and Consumer Safety Branch

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Borbey, Patrick

2017-519

Public Service Commission

 

President

 

Geoffroy, The Hon. Jocelyn

2017-501

Superior Court for the district of Trois-Rivières in and for the Province of Quebec

 

Puisne Judge

 

Immigration and Refugee Board (Toronto Regional Office)

 

Full-time members

 

Gamble, Lauren

2017-495

Osunde, Isoken

2017-497

Qadeer, Nadra Shamas

2017-496

Kubik, Johnna C.

2017-500

Court of Queen’s Bench of Alberta

 

Justice

 

Court of Appeal of Alberta

 

Member ex officio

 

Riley, W. Paul, Q.C.

2017-499

Supreme Court of British Columbia

 

Judge

 

Ross, Loretta

2017-525

Treaty Relations Commission of Manitoba

 

Treaty Commissioner

 

St-Pierre, The Hon. Marc

2017-502

Superior Court for the district of Montréal in and for the Province of Quebec

 

Puisne Judge

 

Superior Court of Justice in and for the Province of Ontario

 

Judges

 

Court of Appeal for Ontario

 

Judges ex officio

 

Doyle, The Hon. Adriana

2017-533

Favreau, Lise G.

2017-537

Heeney, The Hon. Thomas A.

2017-531

Monahan, Patrick J.

2017-534

O’Bonsawin, Michelle

2017-538

Shaw, M. J. Lucille

2017-535

Williams, Heather J.

2017-536

Superior Court of Justice in and for the Province of Ontario, a member of the Family Court branch

 

Judges

 

Court of Appeal for Ontario

 

Judges ex officio

 

Audet, Julie

2017-539

Desormeau, Hélène C.

2017-540

Supreme Court of Newfoundland and Labrador — Trial Division

 

Judges

 

Court of Appeal of the Supreme Court of Newfoundland and Labrador

 

Members ex officio

 

Chaytor, Sandra R., Q.C.

2017-503

Knickle, Frances J., Q.C.

2017-504

Thomas, The Hon. Bruce G.

2017-532

Superior Court of Justice in and for the Province of Ontario — Southwest Region

 

Regional Senior Judge

 

Court of Appeal for Ontario

 

Judge ex officio

 

May 25, 2017

Diane Bélanger
Official Documents Registrar

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DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order No. 6 Respecting the Use of Model Aircraft

Whereas the annexed Interim Order No. 6 Respecting the Use of Model Aircraft is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Whereas the provisions of the annexed Interim Order No. 6 Respecting the Use of Model Aircraft may be contained in a regulation made pursuant to section 4.9 (see footnote c), paragraphs 7.6(1)(a) (see footnote d) and (b) (see footnote e) and section 7.7 (see footnote f) of Part I of the Aeronautics Act (see footnote g);

And whereas, pursuant to subsection 6.41(1.2) (see footnote h) of the Aeronautics Act (see footnote i), the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances before making the annexed Interim Order No. 6 Respecting the Use of Model Aircraft;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1) (see footnote j) of the Aeronautics Act (see footnote k), makes the annexed Interim Order No. 6 Respecting the Use of Model Aircraft.

Ottawa, May 19, 2017

Marc Garneau
Minister of Transport

Interim Order No. 6 Respecting the Use of Model Aircraft

Interpretation

Definitions

1 (1) The following definitions apply in this Interim Order.

model aircraft means an aircraft, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures. (modèle réduit d’aéronef)

Regulations means the Canadian Aviation Regulations. (Règlement)

restricted airspace means airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which the flight of an aircraft is restricted in accordance with conditions specified in that Handbook, or airspace that is restricted under section 5.1 of the Act. (espace aérien réglementé)

unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. (véhicule aérien non habité)

visual line-of-sight or VLOS means unaided visual contact with an aircraft sufficient to be able to maintain control of the aircraft, know its location, and be able to scan the airspace in which it is operating to decisively see and avoid other aircraft or objects. (visibilité directe ou VLOS)

Interpretation

(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.

Conflict between Interim Order and Regulations

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Designated Provisions

Designation

2 (1) The designated provisions set out in column I of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum Amounts

(2) The amounts set out in column II of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column I.

Notice

(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify

  • (a) the particulars of the alleged contravention;
  • (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
  • (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
  • (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
  • (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Application

Recreational Purposes

3 (1) Subject to subsection (2), this Interim Order applies in respect of model aircraft having a total weight of more than 250 g (0.55 pounds) but not more than 35 kg (77.2 pounds).

(2) It does not apply to

  • (a) unmanned air vehicles; and
  • (b) model aircraft operated at events organized by the Model Aeronautics Association of Canada (MAAC) or at airfields located in a zone administered by MAAC or a MAAC club.

Suspended Provision of Regulations

Prohibited Use

4 The effect of section 602.45 of the Regulations is suspended in respect of the model aircraft referred to in subsection 3(1).

Model Aircraft Operating and Flight Provisions

Prohibitions

5 (1) A person must not operate a model aircraft

  • (a) at an altitude greater than 300 feet AGL;
  • (b) at a lateral distance of less than 250 feet (75 m) from buildings, structures, vehicles, vessels, animals and the public, including spectators, bystanders or any person not associated with the operation of the aircraft;
  • (c) within 9 km of the centre of an aerodrome;
  • (d) within controlled airspace;
  • (e) within restricted airspace;
  • (f) over or within a forest fire area, or any area that is located within 9 km of a forest fire area;
  • (g) over or within the security perimeter of a police or first responder emergency operation site;
  • (h) over or within an open-air assembly of persons;
  • (i) at night; or
  • (j) in cloud.

(2) A person must not operate more than one model aircraft at a time.

Right of Way

6 A person operating a model aircraft must give way to manned aircraft at all times.

Visual Line-of-Sight

7 (1) A person operating a model aircraft must ensure that it is operated within VLOS at all times during the flight.

(2) No person shall operate a model aircraft when the aircraft is at a lateral distance of more than 1640 feet (500 m) from the person’s location.

Contact Information

8 The owner of a model aircraft shall not operate or permit a person to operate the aircraft unless the name, address and telephone number of the owner are clearly made visible on the aircraft.

Repeal

9 Interim Order No. 5 Respecting the Use of Model Aircraft is repealed.

SCHEDULE

(Subsections 2(1) and (2))

Designated Provisions

Column I



Designated Provision

Column II

Maximum Amount of Penalty ($)

Individual

Corporation

Section 5

3,000

15,000

Section 6

3,000

15,000

Section 7

3,000

15,000

Section 8

3,000

15,000

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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 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 properties bearing parcel identifiers (PID) 001-722-671, 024-631-736 and 025-787-233;

WHEREAS the board of directors of the Authority has requested that the Minister of Transport issue supplementary letters patent to set out the real property in Schedule C of the letters patent;

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

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

1. Schedule C of the letters patent is amended by adding the following after the description of real property that begins with “That parcel totaling 17,200 m2 ... ”:

PID NUMBER

DESCRIPTION

001-722-671

South Half of Lot 4, Section 32,
Block 4 North, Range 5 West,
New Westminster District,
Plan 8646

024-631-736

Lot 1, Section 32, Block 4 North,
Range 5 West,
New Westminster District,
Plan LMP43950

025-787-233

Lot C, Section 32, Block 4 North,
Range 5 West,
New Westminster District,
Plan BCP8152

2. These supplementary letters patent take effect on the date of registration of the title, in the New Westminster Land Title Office, of each parcel of land subject to the transaction.

ISSUED this 10th day of May, 2017.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

[22-1-o]

GLOBAL AFFAIRS CANADA

Consultations on the renegotiation and modernization of the North American Free Trade Agreement

The Government of Canada is seeking the views of Canadians on the scope of the renegotiation and modernization of the existing North American Free Trade Agreement (NAFTA) with the United States and Mexico.

The Government of Canada is committed to strengthening and deepening relationships with its North American partners. As the Government prepares for these discussions, the Government is seeking views on key areas in NAFTA that could be clarified or updated, and on any new areas that should form part of a modernized agreement. Furthermore, given that NAFTA has been in force for over 20 years, the Government is seeking information on the areas that have been the most beneficial to Canadian exporters. Views should also take into account reactions to potential proposals from the United States or Mexico where Canada could be pressed to take on commitments to address perceived trade irritants.

This notice is part of the Government of Canada’s ongoing domestic consultation process with stakeholders, including provinces and territories, businesses, civil society organizations, labour unions, academia, Canada’s Indigenous peoples, and individual Canadians.

Background

For more than a year, the Government of Canada has been engaged in discussions with Canadian citizens and stakeholder groups across the country about the Government’s approach to trade. The Government recognizes that trade policies need to be designed to respond and contribute meaningfully to the Government’s overall economic, social, and environmental policy priorities. In this way, the Government is working towards a progressive trade agenda that seeks to respond directly to concerns expressed by citizens and organizations in Canada and abroad with respect to trade and globalization. In that light, the Government will proceed in a manner that supports jobs and growth for Canadians — and prosperity in North America as a whole.

NAFTA has served as a strong anchor for Canadian markets in North America and has helped to expand trade opportunities for Canadian products, goods and services. NAFTA created the largest free trade region in the world when it came into effect on January 1, 1994, generating economic growth and helping to raise the standard of living for the people of the three member countries.

A total of 2.4 million Canadian jobs depend on trade with the United States, and more than $2 billion worth of goods and services cross the border every day. Canada and Mexico are each other’s third largest trading partner, with steadily growing two-way merchandise trade.

Given that the Agreement is over 23 years old, there are many clarifications and technical improvements that could be made in all trade areas covered by NAFTA, such as labour, the environment or culture. The Agreement would also benefit from the inclusion of new trade areas, such as electronic commerce, that are not currently covered, to ensure the Agreement is aligned with today’s economic realities. Canada is committed to upholding and supporting a vibrant and globally competitive North American manufacturing sector that provides stable, rewarding, and well-paying jobs for Canadians.

Additional information on the public consultations on the renegotiation and modernization of NAFTA can be found at the following addresses:

  • Global Affairs Canada (www.international.gc.ca):
    • Consulting Canadians on the renegotiation of the North American Free Trade Agreement with the United States and Mexico (www.international.gc.ca/nafta)

Submissions by interested parties

The Government of Canada is inviting all interested persons to provide information and views on the update and modernization of NAFTA. The purpose of these consultations is to identify key interests and concerns of Canadians with respect to NAFTA. More specifically, Canada is seeking views on the following areas included in NAFTA:

  • Preamble
  • Objectives
  • General Definitions
  • National Treatment and Market Access for Goods
    • Annex 300-A: Trade and Investment in the Automotive Sector
    • Annex 300-B: Textile and Apparel Goods
  • Rules of Origin
    • Annex 401: Specific Rules of Origin
  • Customs Procedures
  • Energy and Basic Petrochemicals
  • Agriculture and Sanitary and Phytosanitary Measures
  • Emergency Action
  • Standards-Related Measures
  • Government Procurement
  • Investment
  • Cross-Border Trade in Services
  • Telecommunications
  • Financial Services
  • Competition Policy, Monopolies and State Enterprises
  • Temporary Entry for Business Persons
  • Intellectual Property
  • Publication, Notification and Administration of Laws
  • Review and Dispute Settlement in Antidumping/Countervailing Duty Matters
  • Institutional Arrangements and Dispute Settlement Procedures
  • Annexes
    • Annex I: Reservations for Existing Measures and Liberalization Commitments
    • Annex II: Reservations for Future Measures
    • Annex III: Activities Reserved to the State
    • Annex IV: Exceptions from Most-Favored-Nation Treatment
    • Annex V: Quantitative Restrictions
    • Annex VI: Miscellaneous Commitments
    • Annex VII: Reservations, Specific Commitments and Other Items

The text of NAFTA can be found at www.international.gc.ca/nafta-text.

NAFTA also includes a side agreement on labour (www.canada.ca/en/employment-social-development/services/labour-relations/international/agreements/naalc.html# naalc) and a side agreement on environment (www.cec.org/about-us/NAAEC). Submissions of views on these agreements are also welcome.

New trade areas

In recent years, some free trade negotiations have included other areas not currently in NAFTA. The Government invites submissions of views on the following areas, but not necessarily limited to

  • Transparency and anti-corruption;
  • E-commerce;
  • Trade facilitation;
  • Development of small and medium-sized enterprises;
  • State-owned enterprises;
  • Cooperation and capacity building; and
  • Regulatory coherence.

All interested parties are invited to submit their views by July 18, 2017. Please be advised that any information received as a result of this consultation will be considered as public information, unless explicitly stated otherwise.

Submissions should include

  1. the contributor’s name and address and, if applicable, the name of the contributor’s organization, institution or business;
  2. the specific issues being addressed; and
  3. precise information on the rationale for the positions taken, including any significant impact it may have on Canada’s domestic or international interests.

Contributions can be sent by email or mail to the following:

Email: NAFTA-Consultations-ALENA@international.gc.ca

Mail: NAFTA Consultations
Global Affairs Canada
Trade Negotiations — North America (TNP)
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
K1A 0G2

[22-1-o]

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-008-17 — Release of SRSP-371.0, Issue 1

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

  • Standard Radio System Plan SRSP-371.0, Issue 1: Technical Requirements for Fixed Line-of-Sight Radio Systems Operating in the Bands 71-76 GHz and 81-86 GHz.

This standard sets out the minimum technical requirements for the efficient use of the bands 71-76 GHz and 81-86 GHz.

This document will come into force upon its publication on the Spectrum Management and Telecommunications Official Publications web page (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/h_sf01841.html).

General information

SRSP-371.0 has been coordinated with industry through the Radio Advisory Board of Canada (RABC).

Submitting comments

Respondents are requested to submit comments in electronic format (Microsoft Word or Adobe PDF) to the Manager, Fixed Wireless Systems (ic.terrestrialengineering-genieterrestre.ic@canada.ca).

Written submissions should be mailed to the following address:

Innovation, Science and Economic Development Canada
Attention: Director General
Engineering, Planning and Standards Branch
235 Queen Street
Ottawa, Ontario
K1A 0H5

All submissions should cite the following: Canada Gazette, Part I, the publication date, the title and the reference number of this notice (SMSE-008-17).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on the Spectrum Management and Telecommunications website 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.

May 25, 2017

Martin Proulx
Director General
Engineering, Planning and Standards Branch

[22-1-o]

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-012-17 — Release of RSS-131, issue 3 (Update)

Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) is making changes to the compliance terms of the following standard:

  • Radio Standards Specification RSS-131, issue 3 (Update), Zone Enhancers (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf01325.html).

After January 1, 2018, all zone enhancers sold, offered for sale, manufactured, imported, distributed or leased on the Canadian market must comply with RSS-131, issue 3. Equipment certified under a previous issue must be evaluated to ensure it is compliant with issue 3. If compliant with issue 3, equipment will not require a permissive change filing.

General information

The Radio Equipment Standards list (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/h_sf06128.html) will be amended accordingly.

Submitting comments

Comments and suggestions for improving these standards may be submitted online using the “Standard Change Request” form at http://www.ic.gc.ca/res_change.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on the Spectrum Management and Telecommunications website 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.

May 2017

Martin Proulx
Director General
Engineering, Planning and Standards Branch

[22-1-o]

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-013-17 — Decision on the Technical and Policy Framework for Radio Local Area Network Devices Operating in the 5150-5250 MHz Frequency Band

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

  • Decision on the Technical and Policy Framework for Radio Local Area Network Devices Operating in the 5150-5250 MHz Frequency Band.

The document sets out ISED’s decisions resulting from the consultation process undertaken in document SMSE-002-17 — Consultation on the Technical and Policy Framework for Radio Local Area Network Devices Operating in the Band 5150-5250 MHz. The purpose is to satisfy the objective of the Spectrum Policy Framework for Canada to maximize the potential economic and social benefits that Canadians derive from the use of the radio frequency spectrum.

All comments received in response to the consultation are available on ISED’s Spectrum Management and Telecommunications website at http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/home.

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on the Spectrum Management and Telecommunications website 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.

May 2017

Martin Proulx
Director General
Engineering, Planning and Standards Branch

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PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. Moving forward, the Government of Canada will use an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous Canadians and minority groups are properly represented in positions of leadership. We will continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website (http://www.appointments-nominations.gc.ca/slctnPrcs.asp?menu=1&lang=eng).

Position

Organization

Closing date

Directors

Canada
Infrastructure Bank

June 30, 2017

President and CEO

Canada
Infrastructure Bank

June 30, 2017

Directors

Canadian
Commercial Corporation

June 22, 2017

President

Canadian Institutes
of Health Research

June 30, 2017

Directors

Export
Development
Canada

June 22, 2017

Commissioners

First Nations Tax Commission

June 12, 2017

Commissioners

National Battlefields Commission

June 5, 2017

Members

National Research Council of Canada

June 5, 2017

Chairperson

National Seniors Council

June 19, 2017

Member

National Seniors Council

June 19, 2017

Members

Natural Sciences
and Engineering Research Council of Canada

June 5, 2017

Correctional Investigator

Office of the Correctional Investigator of Canada

June 6, 2017

Information Commissioner

Office of the
Information Commissioner

July 14, 2017

Chairperson

Parole Board of Canada

June 6, 2017

Chairperson

Royal Canadian Mounted Police External Review Committee

June 6, 2017

Members

Social Sciences
and Humanities
Research Council

June 5, 2017

Members

Social Security Tribunal

June 30, 2017

Ongoing opportunities

Opportunities posted on an ongoing basis.

Position

Organization

Closing date

Members

Veterans Review
and Appeal Board

July 31, 2017

Upcoming opportunities

New opportunities that will be posted in the coming weeks.

Position

Organization

President (Chief Executive Officer)

Atomic Energy of Canada Limited

Commissioner

British Columbia Treaty Commission

Director

Canada Post Corporation

Chairperson

Canadian Broadcasting Corporation

Director

Canadian Broadcasting Corporation

President

Canadian Broadcasting Corporation

Chairperson

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Directors

First Nations Financial Management Board

Sergeant-at-Arms

House of Commons

President

International Development Research Centre

Commissioner

International Joint Commission

Chief Executive Officer

Invest in Canada Agency

Chief Electoral Officer

Office of the Chief Electoral Officer

[22-1-o]