Canada Gazette, Part I, Volume 154, Number 18: GOVERNMENT NOTICES
May 2, 2020
BANK OF CANADA
AMENDMENT TO THE BANK OF CANADA PENSION PLAN (BY-LAW 15)
Certificate
I, Jeremy Farr, General Counsel and Corporate Secretary of the Bank of Canada, hereby certify that, pursuant to subsection 15(2) of the Bank of Canada Act, the following amendment to By-law 15 of the Bank of Canada has been duly approved by the Board of Directors of the Bank on April 22, 2020, and that it has not been amended or rescinded since that date.
Ottawa, April 24, 2020
Jeremy Farr
General Counsel and Corporate Secretary
BY-LAW 15 — AMENDMENT TO THE BANK OF CANADA PENSION PLAN (THE “PLAN”)
WHEREAS pursuant to subsection 15(2) of the Bank of Canada Act, the Board of Directors of the Bank of Canada has passed By-law 15, to establish a pension plan for the benefit of its eligible employees and their dependants;
AND WHEREAS the Bank of Canada has the authority to amend its By-laws;
IT IS HEREBY RESOLVED that the Bank of Canada Pension Plan, By-law 15, is hereby amended, with effect from the date of publication in the Canada Gazette pursuant to subsection 35(2) of the Act:
The Plan is amended, effective January 1, 2020, by
- 1. deleting the second paragraph of subsection 16.1 and replacing it by the following:
- “For greater certainty, pension benefits will be treated pursuant to section 30 of the Pension Benefits Standards Act (PBSA). Consequently,
- EDS or any successor entity who acquired all or part of the business, undertaking or assets of EDS thereafter will be understood to be a successor employer, as described in this section of the PBSA;
- an affected member will remain an active member of the Plan until the determination date; and
- service with the successor employer until that date will be included for purposes of determining entitlement to pension benefits under the Plan.”
- “For greater certainty, pension benefits will be treated pursuant to section 30 of the Pension Benefits Standards Act (PBSA). Consequently,
- 2. amending the last paragraph of subsection 16.1 by deleting “EDS” and replacing it by “the successor employer.”
- 3. deleting the definition of “affected member” in subparagraph 16.2.1 and replacing it by the following:
- “"affected member" means a member who accepted an employment offer with EDS Canada Inc. pursuant to the outsourcing agreement.”
- 4. deleting the definition of “determination date” in subparagraph 16.2.1 and replacing it by the following:
- “"determination date" means the date on which the affected member retires from the successor employer, terminates employment from the successor employer or dies, whatever occurs first. Effective January 1, 2020, the affected member who has attained pensionable age may elect to retire from the Plan, whether the affected member’s employment with the successor employer has terminated or not. In such a case, the affected member shall be deemed to retire from the successor employer for the purpose of the Plan on the date on which he is commencing to receive his unreduced immediate pension benefit; in any event, the affected member’s pension commencement date cannot be earlier than January 1, 2020, if the affected member’s employment with the successor employer has not terminated.
- 5. deleting the definition of “successor employer” in subparagraph 16.2.1 and replacing it by the following:
- “"successor employer" means EDS Canada Inc. and any successor entity who acquired all or part of the business, undertaking or assets of EDS Canada Inc. thereafter.”
- 6. deleting the definition of “date de transfert désignée” in subparagraph 16.2.1 of the French version and replacing it by the following:
- “« date de transfert désignée » signifie la date à laquelle le participant touché cesse d’être un employé de la Banque conformément au contrat de sous-traitance; ”
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice amending the Notice with respect to the reporting of greenhouse gases (GHGs) for 2019
Notice is hereby given, pursuant to subsection 46(1) of the Canadian Environmental Protection Act, 1999, that the Notice with respect to reporting of greenhouse gases (GHGs) for 2019, published on February 1, 2020, in the Canada Gazette, Part I, is amended as set out in Schedule 1.
Persons subject to this notice shall address responses or enquiries to the following address:
Greenhouse Gas Reporting Program
Pollutant Inventories and Reporting Division
Environment and Climate Change Canada
Place Vincent Massey, 7th Floor
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819‑938‑3258 or 1‑877‑877‑8375
Email: ec.ges-ghg.ec@canada.ca
Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
SCHEDULE 1
Amendments
1. The first paragraph of the Notice with respect to reporting of greenhouse gases (GHGs) for 2019 is replaced by the following:
Notice is hereby given, pursuant to subsection 46(1) of the Canadian Environmental Protection Act, 1999 (the Act), that, with respect to emissions of GHGs identified in Schedule 1 to this notice and for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, any person who operates a facility described in Schedule 3 to this notice during the 2019 calendar year, and who possesses or who may reasonably be expected to have access to information described in Schedules 4 through 18 to this notice, shall provide the Minister of the Environment with this information no later than July 31, 2020.
2. The fifth paragraph of the Notice with respect to reporting of greenhouse gases (GHGs) for 2019 is replaced by the following:
If a person who operates a facility with respect to which information was submitted in response to the Notice with respect to reporting of greenhouse gases (GHGs) for 2018 determines that the facility does not meet the criteria set out in Schedule 3 of this notice, the person shall notify the Minister of the Environment that the facility does not meet those criteria no later than July 31, 2020.
EXPLANATORY NOTE
(This note is not part of the notice.)
These amendments are made to reflect that the deadline for submitting GHG reports for the 2019 calendar year is changed from June 1, 2020, to July 31, 2020. This change is being made to allow those who are subject to the Notice with respect to reporting of greenhouse gases (GHGs) for 2019 more time to comply, due to the impact of the COVID-19 pandemic.
Environment and Climate Change Canada will monitor the constantly evolving situation and may consider further amendments to the deadline as necessary. Any such changes will continue to be communicated to stakeholders and reporting facilities.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice amending the Notice with respect to the substances in the National Pollutant Release Inventory for 2018 and 2019
Notice is hereby given, pursuant to subsection 46(1) of the Canadian Environmental Protection Act, 1999, that the Notice with respect to the substances in the National Pollutant Release Inventory for 2018 and 2019, published on January 20, 2018, in the Canada Gazette, Part I, is amended as set out in Schedule 1.
Persons subject to this notice shall address responses or enquiries to the following address:
National Pollutant Release Inventory
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Telephone: 1‑877‑877‑8375
Email: ec.inrp-npri.ec@canada.ca
Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
SCHEDULE 1
Amendments
1. The second paragraph of the Notice with respect to the substances in the National Pollutant Release Inventory for 2018 and 2019 is replaced by the following:
This notice applies to the calendar years 2018 and 2019. Information pertaining to the 2018 calendar year shall be provided no later than June 1, 2019. Information pertaining to the 2019 calendar year shall be provided no later than July 31, 2020.
2. The fourth paragraph of the Notice with respect to the substances in the National Pollutant Release Inventory for 2018 and 2019 is replaced by the following:
If a person who owns or operates a facility with respect to which information pertaining to at least one substance is submitted for the 2018 calendar year in response to this notice determines that the facility does not meet any of the criteria set out in this notice for the 2019 calendar year, the person shall notify the Minister of the Environment that the facility does not meet these criteria, and provide the reason that the facility does not meet these criteria, no later than July 31, 2020.
EXPLANATORY NOTE
(This note is not part of the notice.)
The amendments are made to reflect that the reporting due date for the 2019 reporting year is changed from June 1, 2020, to July 31, 2020. This change is being made to allow those who are subject to the Notice with respect to the substances in the National Pollutant Release Inventory for 2018 and 2019 more time to comply, due to the impact of the COVID-19 pandemic.
Environment and Climate Change Canada will monitor the constantly evolving situation and may consider further amendments to the deadline as necessary. Any such changes will continue to be communicated to stakeholders and reporting facilities.
DEPARTMENT OF THE ENVIRONMENT
FISHERIES ACT
Notice with respect to the availability of a proposed administrative agreement
Pursuant to subsection 4.1(4) of the Fisheries Act, notice is hereby given that the Minister of the Environment makes available for a 60-day comment period, before it is entered into, the Administrative agreement between the Government of Saskatchewan and the Government of Canada regarding the administration of the Wastewater Systems Effluent Regulations in Saskatchewan.
The proposed agreement is available as of May 2, 2020, on the Environment and Climate Change Canada website.
Any person may, within 60 days after the publication of this notice, file comments citing the present notice and its date of publication in the Canada Gazette, Part I, to the following contact person.
Contact
Caroline Blais
Director
Forest Products and Fisheries Act Division
Industrial Sectors and Chemicals Directorate
Environment and Climate Change Canada
Email: ec.eaux-usees-wastewater.ec@canada.ca
DEPARTMENT OF TRANSPORT
CANADA SHIPPING ACT, 2001
Interim Order No. 2 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19)
Whereas the Minister of Transport is of the opinion that the annexed Interim Order No. 2 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19) is required to deal with a direct or indirect risk to marine safety or to the marine environment;
And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to subsection 120(1) footnote a and paragraphs 136(1)(f) footnote b and (h)footnote b and 244(f) footnote c of the Canada Shipping Act, 2001 footnote d;
Therefore, the Minister of Transport, pursuant to subsection 10.1(1) footnote e of the Canada Shipping Act, 2001 footnote d, makes the annexed Interim Order No. 2 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19).
Ottawa, April 20, 2020
Marc Garneau
Minister of Transport
Interim Order No. 2 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19)
Definitions
Definitions
1 The following definitions apply in this Interim Order.
- arctic waters means
- (a) the Canadian waters located north of the 60th parallel of north latitude; and
- (b) the territorial sea of Canada in the vicinity of Nunatsiavut, Nunavik and the Labrador coast. (eaux arctiques)
- COVID-19 means the coronavirus disease 2019. (COVID-19)
- ferry vessel means any vessel, having provision only for deck passengers and for vehicles, that is operated on a short run on a schedule between two points over the most direct water route and offers a public service of a type normally attributed to a bridge or tunnel. (transbordeur)
- Minister means the Minister of Transport. (ministre)
- passenger vessel means a ferry vessel, or a vessel that is certified to carry more than 12 passengers as indicated on its inspection certificate or Passenger Ship Safety Certificate issued under the Vessel Certificates Regulations or on an equivalent certificate issued by a foreign government. (bâtiment à passagers)
- passenger vessel that provides essential services means a passenger vessel that is set out in the schedule. (bâtiment à passagers exploité pour fournir des services essentiels)
Application
Application
2 This Interim Order applies in respect of
- (a) passenger vessels in arctic waters, until October 31, 2020; and
- (b) passenger vessels in any other Canadian waters, until June 30, 2020.
Prohibition
Prohibition — passenger vessels
3 (1) A passenger vessel must not navigate, moor or berth in Canadian waters.
Exceptions
(2) Subsection (1) does not apply to
- (a) a vessel that is in distress or providing assistance to a vessel or person in distress;
- (b) a vessel that is forced to navigate, moor or berth to avoid immediate danger;
- (c) a vessel that is engaged in research and that is operated by or under the authority of the Government of Canada, or at its request, or operated by a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group;
- (d) a vessel that carries
- (i) employees of the Government of Canada or a provincial or territorial government, or
- (ii) peace officers who require a transportation service in the course of performing their duties or functions;
- (e) a foreign vessel in Canadian waters that is exercising the right of innocent passage in accordance with international law and article 19 of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982;
- (f) a vessel that does not carry a passenger and that navigates in Canadian waters other than arctic waters for the purposes of repositioning or repair; and
- (g) a vessel that is not in service.
Passenger Vessels That Provide Essential Services and Ferry Vessels
Permission
4 (1) Subsection 3(1) does not apply to a passenger vessel that provides essential services or a ferry vessel if
- (a) the vessel, at all times, carries not more than 50 percent of the maximum number of passengers that it is certified to carry, as indicated on its inspection certificate or Passenger Ship Safety Certificate issued under the Vessel Certificates Regulations or on an equivalent certificate issued by a foreign government; or
- (b) its authorized representative implements the measures to reduce transmission risks of COVID-19 set out in the Ship Safety Bulletin entitled Measures to Mitigate the Spread of COVID-19 on Passenger Vessels and Ferries, SSB No. 12/2020, published on April 17, 2020 by the Marine Safety Directorate of Transport Canada, as amended from time to time or as replaced.
Notice to the Minister
(2) The authorized representative of a vessel that implements measures in accordance with paragraph (1)(b) must notify the Minister, in writing, of the measures before implementing them and must keep a copy of the notice on board.
Guidelines
5 The authorized representative and master of a passenger vessel that provides essential services or a ferry vessel must make reasonable efforts to implement and put in place the measures contained in the guidelines that are set out in the document entitled COVID-19: Guidance Material for Passenger Vessel and Ferry Operators published on April 17, 2020 by the Marine Safety Directorate of Transport Canada, as amended from time to time.
Arctic Waters
Foreign vessels in arctic waters
6 (1) At least 60 days before the expected date of arrival in arctic waters of a vessel referred to in paragraph 3(2)(e), the master of the vessel must give written notice to the Minister of the arrival of the vessel in those waters.
Conditions
(2) The Minister may impose, in respect of a vessel for which notice has been given, any conditions that the Minister considers appropriate.
Responsibility of master
(3) The master must ensure that the vessel and its crew comply with any conditions that the Minister imposes.
Prohibition — Authorized Representative and Master
Prohibition
7 The authorized representative and master of a passenger vessel must not permit the vessel to contravene any of the restrictions or prohibitions set out in this Interim Order.
Ministerial Exemptions
International obligations and external affairs of Canada
8 (1) The Minister may, in writing, exempt a passenger vessel from any of the restrictions or prohibitions set out in this Interim Order if
- (a) after consulting with the Minister of Foreign Affairs, the Minister is of the opinion that the exemption is necessary to ensure
- (i) that Canada meets its international obligations, or
- (ii) the proper conduct of the external affairs of Canada; and
- (b) the Minister is of the opinion that public health and safety and the protection of the marine environment will, to the extent possible, be maintained.
Particular circumstances — Canadian vessels
(2) The Minister may, in writing, exempt a passenger vessel that is a Canadian vessel from any of the restrictions or prohibitions set out in this Interim Order if
- (a) it is not practical under the circumstances for the vessel to comply with the prohibition or restriction; and
- (b) the Minister is of the opinion that public health and safety and the protection of the marine environment will, to the extent possible, be maintained.
Application for exemption
9 (1) An application to the Minister for an exemption under section 8 may be made by the authorized representative of the passenger vessel.
Conditions of exemption
(2) An exemption is subject to any conditions that the Minister considers appropriate.
Amending conditions
(3) The Minister may add, amend or remove conditions if the Minister determines that it is necessary to do so for public health or safety or the protection of the marine environment.
Exemption on board
(4) The exemption must be kept on board the vessel.
Suspension or revocation
(5) The Minister may suspend or revoke an exemption if
- (a) the authorized representative knowingly provides false or misleading information to obtain the exemption;
- (b) a condition that was attached to the exemption is not complied with, and the non-compliance constitutes a risk to public health or safety or to the marine environment; or
- (c) it is necessary to do so for public health or safety or the protection of the marine environment.
Notice
(6) If the Minister suspends or revokes an exemption, the Minister must give notice in writing of the suspension or revocation.
Enforcement
Persons ensuring compliance
10 (1) The following persons may ensure compliance with this Interim Order:
- (a) a marine safety inspector;
- (b) a member of the Royal Canadian Mounted Police;
- (c) a member of any harbour or river police force; and
- (d) a member of any provincial, county or municipal police force.
Powers and duties
(2) A person who may ensure compliance with this Interim Order may
- (a) prohibit the movement of any vessel or direct it to move;
- (b) stop and board any vessel at any reasonable time and
- (i) direct any person to answer reasonable questions and provide reasonable assistance, and
- (ii) require any person to provide, for examination, any document that the person is required to have in their possession or that is required to be kept on board; and
- (c) verify by any means that the requirements of this Interim Order are met.
Obligation to comply
11 A person or vessel must comply with any direction, requirement or prohibition referred to in subsection 10(2).
Violations
Violations
12 A person or passenger vessel that does not comply with this Interim Order commits a violation and is liable to a penalty in the amount of
- (a) in the case of an individual, $5,000; and
- (b) in the case of any other person or vessel, $25,000.
Repeal
13 The Interim Order Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19), made on April 4, 2020, is repealed.
SCHEDULE
(Section 1)
| Item |
Vessels |
|---|---|
1 |
A vessel operating to protect public health or safety or the marine environment including a vessel that is involved in
|
2 |
A vessel that supports the activities of any of the following at their request:
|
3 |
A vessel that operates when it is the most practical means to
|
Table 1 note(s)
|
|
TREASURY BOARD
ENHANCING ROYAL CANADIAN MOUNTED POLICE ACCOUNTABILITY ACT
Revocation of the date of deeming of Royal Canadian Mounted Police civilian members
Royal Canadian Mounted Police (RCMP) members are hired under the Royal Canadian Mounted Police Act (RCMP Act). Other public service employees are hired under the Public Service Employment Act (PSEA), the legislation governing most federal public service organizations.
The Treasury Board has revoked the date of May 21, 2020, published in the April 7, 2018, Canada Gazette. This was the date on which every member of the RCMP who is not appointed to a rank under section 5 or subsections 6(3) or 6(4) or 7(1) of the RCMP Act, was to cease to be a member and was to be deemed to be a person appointed under the PSEA pursuant to section 86 of the Enhancing Royal Canadian Mounted Police Accountability Act.
Ottawa, April 23, 2020
Sandra Hassan
Assistant Deputy Minister
Employment Conditions and Labour Relations
Office of the Chief Human Resources Officer
BANK OF CANADA
Statement of financial position as at March 31, 2020
ASSETS |
Amount |
Total |
|---|---|---|
Cash and foreign deposits |
6.4 |
|
Loans and receivables |
||
Securities purchased under resale agreements |
64,770.1 |
|
Advances |
8,900.1 |
|
Other receivables |
3.5 |
|
73,673.7 |
||
Investments |
||
Treasury bills of Canada |
25,780.0 |
|
Government of Canada bonds |
77,650.4 |
|
Canada Mortgage Bonds |
1,925.6 |
|
Provincial money market securities |
569.7 |
|
Banker's acceptances |
14,759.3 |
|
Other investments |
490.6 |
|
121,175.6 |
||
Capital assets |
||
Property and equipment |
584.4 |
|
Intangible assets |
63.8 |
|
Right-of-use leased assets |
49.7 |
|
|
697.9 |
|
Other assets |
77.0 |
|
Total assets |
195,630.6 |
|
LIABILITIES AND EQUITY |
Amount |
Total |
|---|---|---|
Bank notes in circulation |
92,039.1 |
|
| Deposits |
||
Government of Canada |
30,438.1 |
|
Members of Payments Canada |
61,125.3 |
|
Other deposits |
10,325.0 |
|
101,888.4 |
||
Securities sold under repurchase agreements |
— |
|
Other liabilities |
1,120.5 |
|
195,048.0 |
||
| Equity |
||
Share capital |
5.0 |
|
Statutory and special reserves |
125.0 |
|
Investment revaluation reserve |
452.6 |
|
582.6 |
||
Total Liabilities and Equity |
195,630.6 |
|
I declare that the foregoing statement is correct according to the books of the Bank.
Ottawa, April 24, 2020
Coralia Bulhoes
Chief Financial Officer and Chief Accountant
I declare that the foregoing statement is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.
Ottawa, April 24, 2020
Stephen S. Poloz
Governor