Canada Gazette, Part I, Volume 155, Number 34: GOVERNMENT NOTICES
August 21, 2021
BANK OF CANADA
PAYMENT CLEARING AND SETTLEMENT ACT
Notice of designation to the Canadian Payments Association
Under subsection 4(1) of the Payment Clearing and Settlement Act (the “Act”), where the Governor of the Bank of Canada is of the opinion that a clearing and settlement system could be operated in a manner that poses systemic risk, the Governor may, if the Minister of Finance is of the opinion that it is in the public interest to do so, designate the clearing and settlement system as a system that is subject to Part I of the Act.
The Canadian Payments Association (Payments Canada) operates Lynx, Canada’s modernized wholesale payment system, which will be used for settling transactions from other financial market infrastructures, reinforcing the Bank of Canada’s policy interest rate and processing high-value payments in the country. Lynx is a system eligible to be designated under the Act since it has at least three participants (at least one of which is a Canadian participant and at least one of which has its head office in a jurisdiction other than Ontario, where the Payments Canada head office is located), clearing and settlement are all conducted in Canadian dollars, and payment obligations that arise from the system are ultimately settled through adjustments to the accounts of participants at the Bank of Canada.
I am of the opinion that Lynx could be operated in such a manner as to pose systemic risk and therefore should be designated as subject to Part I of the Act. The Minister of Finance is of the opinion that it would be in the public interest to designate Lynx.
Accordingly, Lynx is hereby designated pursuant to subsection 4(1) of the Act, effective as of the day that Lynx commences operations.
August 18, 2021
Tiff Macklem
Governor
Bank of Canada
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
Whereas certain provisions of part 86 of Title 40 of the Code of Federal Regulations of the United States correspond to certain provisions of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations footnote a;
And whereas certain provisions of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations footnote a are inconsistent with part 86 of Title 40 of the Code of Federal Regulations as amended by the final rule in respect of greenhouse gas emission standards published on April 23, 2020 in volume 85 of the Federal Register of the United States, at page 22620;
Therefore, the Minister of the Environment, pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999 footnote b, makes the annexed Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.
Gatineau, July 30, 2021
Jonathan Wilkinson
Minister of the Environment
Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
Definition of Regulations
1 (1) In this Interim Order, Regulations means the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.
Words and expressions
(2) For greater certainty, words and expressions used in this Interim Order have the same meaning as in the Regulations.
Credits — 2017 to 2021 model years
2 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act and despite subsections 20(1) to (3) and (4) of the Regulations, a company may obtain CO2 equivalent emission credits or reduce its deficits in respect of a fleet of passenger automobiles or light trucks of the 2017 to 2021 model years in accordance with this Interim Order.
Calculation and recalculation
(2) A company may elect to recalculate its credits or deficits for any of its fleets of the 2017 to 2020 model years or calculate its credits or deficits for any of its fleets of the 2021 model year by making the election referred to in subsection 18.1(4) of the Regulations and by using the formula set out in subsection 20(3) of the Regulations but replacing the descriptions of A and C in that formula with the following:
- A is the adjusted fleet average CO2 equivalent emission standard, expressed in grams per mile, calculated in accordance with section 17 but, for the purposes of the descriptions of B and C in subsection 17(3), in the case of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles, the number of vehicles is multiplied by the number set out in the table to subsection 18.1(4) in respect of that type of vehicle for the model year in question;
- C is determined by the formula
- Nv + ∑(Ncv × M)
- where
- Nv
- is the number of passenger automobiles or light trucks in the fleet, excluding advanced technology vehicles, natural gas vehicles and natural gas dual fuel vehicles,
- Ncv
- is the number of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles in the fleet, as the case may be, and
- M
- is the multiplier set out in the table to subsection 18.1(4) in respect of the type of vehicle for the model year in question.
Requirement — plug-in hybrid electric vehicles
(3) A company may make an election under subsection (2) in respect of a plug-in hybrid electric vehicle of the 2017 to 2021 model years only if the vehicle has an all-electric driving range equal to or greater than 16.4 km (10.2 miles) or an equivalent all-electric driving range equal to or greater than 16.4 km (10.2 miles). The all-electric driving range and the equivalent all-electric driving range are determined in accordance with section 1866(b)(2)(ii) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.
Date of credit or deficit — 2017 to 2020 model years
(4) A company obtains credits or reduces its deficits for a specific fleet of the 2017 to 2020 model years on the day on which the company submits its end of model year report for the 2021 model year if the report includes the following information in respect of that fleet:
- (a) the number of credits or deficits, calculated both in accordance with subsection 20(3) of the Regulations and in accordance with this section, and the difference between the two results; and
- (b) a statement that the company has elected to recalculate credits or deficits in accordance with this section and an indication of the number of additional credits, or the reduction in the number of deficits, obtained as a result of that election as well as the number of vehicles in question.
Date of credit or deficit — 2021 model year
(5) A company obtains credits or incurs deficits for a specific fleet of the 2021 model year on the day on which the company submits its end of model year report for that model year if the report includes the following information in respect of that fleet:
- (a) the number of credits or deficits, calculated in accordance with this section; and
- (b) instead of the information referred to in paragraph 33(2)(q.1) of the Regulations, a statement that the company has elected to calculate credits or deficits in accordance with this section and an indication of the number of vehicles in question.
Offset
3 For the purposes of subsection 21(3) of the Regulations, credits obtained in accordance with this Interim Order are considered to be credits obtained in accordance with section 20 of the Regulations.
EXPLANATORY NOTE
(This note is not part of the Interim Order.)
The Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations was made by the Minister of the Environment on July 30, 2021. The Interim Order corrects an error in the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations in the near term to quickly allow automobile manufacturers to obtain the intended number of credits for advanced technology vehicles such as battery electric vehicles; plug-in hybrid electric vehicles; fuel cell vehicles; as well as natural gas dual fuel vehicles and dedicated natural gas vehicles sold in the country. Upon approval by the Governor in Council and in accordance with subsection 163(5) of the Canadian Environmental Protection Act, 1999, the Interim Order will cease to have effect one year after it is made or on the day it is repealed, or on the day on which the Regulations are amended or repealed to give effect to the Interim Order, whichever is earlier.
DEPARTMENT OF THE ENVIRONMENT
MIGRATORY BIRDS CONVENTION ACT, 1994
Notice with respect to temporary possession of migratory bird carcasses
The Minister of the Environment issues this notice under the authority of section 36 of the Migratory Birds Regulations to vary the application of paragraph 6(b) of the Migratory Birds Regulations. As a result of this notice, a person is permitted to temporarily possess found dead migratory birds to allow for swift delivery of such birds to provincial or territorial authorities for analysis. In all other circumstances, the prohibition against possessing the carcasses of migratory birds remains in effect. This notice comes into force for a period of one year from August 21, 2021. The Government of Canada is responsible, under the Migratory Birds Convention Act, 1994, to ensure that populations of migratory birds are maintained, protected and conserved. Testing dead birds is believed to be the most effective method available for the detection of avian viruses.
The Canadian Wildlife Health Cooperative coordinates Canada’s Inter-Agency Wild Bird Influenza Survey. Information on where to submit found dead migratory birds is available by viewing the Canadian Wildlife Health Cooperative webpage or by telephoning 1‑800‑567‑2033. Guidance on precautions for the handling of wild birds is available from the Public Health Agency of Canada website.
August 2021
Julie Spallin
Director General
Wildlife Management Directorate
Canadian Wildlife Service
Environment and Climate Change Canada
DEPARTMENT OF TRANSPORT
CANADA SHIPPING ACT, 2001
Interim Order No. 6 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19)
Whereas the Minister of Transport believes that the annexed Interim Order No. 6 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 Interim Order may be contained in a regulation made pursuant to subsection 120(1) footnote c and paragraphs 136(1)(f) footnote d and (h) footnote d and 244(f) footnote e of the Canada Shipping Act, 2001 footnote f;
Therefore, the Minister of Transport, pursuant to subsection 10.1(1) footnote g of the Canada Shipping Act, 2001 footnote f, makes the annexed Interim Order No. 6 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19).
Ottawa, August 11, 2021
Omar Alghabra
Minister of Transport
Interim Order No. 6 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 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 vessel, other than a ferry 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 Safety 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 qui fournit des services essentiels)
Application
Application
2 This Interim Order applies to passenger vessels and ferry vessels.
Prohibitions
Prohibition — Canadian waters other than arctic waters
3 It is prohibited to navigate, moor, anchor or berth in Canadian waters, other than arctic waters, if
- (a) the passenger vessel is certified to carry more than 100 persons as indicated on its inspection certificate or Passenger Ship Safety Certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government; and
- (b) the passenger vessel is equipped with berths or cabins for overnight travel by passengers.
Prohibition — arctic waters
4 It is prohibited for a passenger vessel to enter arctic waters from any other waters.
Exceptions
5 (1) Sections 3 and 4 do 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, anchor 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 the territorial sea of Canada, 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 December 10, 1982;
- (f) a vessel that is not in service; and
- (g) a passenger vessel that provides essential services that meets one of the requirements set out in subsection 6(1).
Foreign vessels in certain waters
(2) Despite section 3, a foreign vessel may, in the Great Lakes, the Inside Passage, the St. Lawrence River, the Gulf of St. Lawrence or the St. Lawrence Seaway
- (a) navigate, if the passage is expeditious; and
- (b) moor, anchor or berth, if those activities are incidental to that passage.
Incidental activities
(3) For the purposes of paragraph (2)(b), mooring, anchoring or berthing is not an activity that is incidental to the passage if it is a technical stop. A technical stop includes embarkation, disembarkation, refuelling, resupplying and restocking.
Passenger Vessels that Provide Essential Services and Ferry Vessels
Permission
6 (1) A passenger vessel that provides essential services may navigate, moor, anchor or berth in Canadian waters if
- (a) the vessel, at all times, carries not more than 50% 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 Safety 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 and Security 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
7 The authorized representative and master of a passenger vessel that provides essential services 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 and Security Directorate of Transport Canada, as amended from time to time.
Ferry vessels
8 The authorized representative and master of a ferry vessel must ensure that the requirement set out in paragraph 6(1)(a) or (b) is met and must comply with the requirement set out in section 7.
Arctic Waters
Foreign vessels in arctic waters
9 (1) At least 60 days before the expected date of arrival in arctic waters of a foreign vessel that intends to exercise 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 December 10, 1982, 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
10 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
Canada’s international obligations and external affairs
11 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 determines that the exemption is necessary to ensure
- (i) the fulfillment of Canada’s international obligations, or
- (ii) the proper conduct of the external affairs of Canada; and
- (b) after consulting with the Minister of Health, the Minister determines that navigation safety, public health and safety and the protection of the marine environment will, to the extent possible, be maintained.
Repairs
12 (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) the vessel is navigating in Canadian waters for the purposes of repair; and
- (b) after consulting with the chief public health officer of the province or territory concerned and with the Minister of Health, the Minister determines that navigation safety, public health and safety and the protection of the marine environment will, to the extent possible, be maintained.
60 days’ notice
(2) At least 60 days before the expected date of arrival of the vessel in Canadian waters, the master must give written notice to the Minister of the arrival of the vessel in those waters.
Passenger vessels
13 (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 government of the province or territory concerned, the Minister determines that
- (i) the exemption is necessary to allow for viable, effective and economical marine transportation and commerce, or
- (ii) it is not practical, under the circumstances, for the vessel to comply with the prohibition or restriction; and
- (b) after consulting with the chief public health officer of the province or territory concerned and with the Minister of Health, the Minister determines that navigation safety, public health and safety and the protection of the marine environment will, to the extent possible, be maintained.
60 days’ notice
(2) At least 60 days before the expected date of arrival of the vessel in Canadian waters, the master must give written notice to the Minister of the arrival of the vessel in those waters.
Application for exemption
14 (1) An authorized representative of a passenger vessel may apply to the Minister for an exemption under any of sections 11 to 13.
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 the purposes of navigation safety, public health and safety or 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 navigation safety, public health or safety or to the marine environment; or
- (c) the Minister determines it is necessary to do so for navigation safety, public health or safety or the protection of the marine environment.
Notice
(6) The Minister must give notice, in writing, of the suspension or revocation to the authorized representative of the vessel.
Publication — Canada Gazette
(7) Notice of every exemption issued under this Interim Order must be published in the Canada Gazette.
Enforcement
Persons ensuring compliance
15 (1) The following persons are authorized to ensure compliance with this Interim Order:
- (a) marine safety inspectors;
- (b) members of the Royal Canadian Mounted Police;
- (c) members of any harbour or river police force; and
- (d) members of any provincial, county or municipal police force.
Powers and duties
(2) A person who is authorized to ensure compliance with this Interim Order may
- (a) prohibit the movement of any vessel or direct it to be moved;
- (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
16 A person or vessel must comply with any direction given to them or a requirement or prohibition imposed on them under subsection 15(2).
Repeal
17 The Interim Order No. 5 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19), made on March 1, 2021, is repealed.
Cessation of Effect
18 (1) Subject to subsection (2), this Interim Order ceases to have effect on February 28, 2022.
(2) Sections 3 to 5 cease to have effect at 11:59:59 p.m. Eastern Daylight Time on October 31, 2021.
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
|
PRIVY COUNCIL OFFICE
Appointment opportunities
We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We 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.
We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.
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.
| Position | Organization | Closing date |
|---|---|---|
| Member | Canada Council for the Arts | |
| Vice-Chairperson | Canada Council for the Arts | |
| President and Chief Executive Officer | Canada Development Investment Corporation | |
| Director | Canada Foundation for Sustainable Development Technology | |
| Director | Canada Infrastructure Bank | |
| Director | Canada Mortgage and Housing Corporation | |
| Chairperson | Canada-Nova Scotia Offshore Petroleum Board | |
| Chief Executive Officer | Canadian Centre on Substance Abuse | |
| Member | Canadian Cultural Property Export Review Board | |
| Chairperson | Canadian Dairy Commission | |
| Chief Executive Officer | Canadian Dairy Commission | |
| Accessibility Commissioner | Canadian Human Rights Commission | |
| Deputy Chief Commissioner | Canadian Human Rights Commission | |
| Federal Housing Advocate | Canadian Human Rights Commission | |
| Member | Canadian Human Rights Commission | |
| Chairperson | Canadian Human Rights Tribunal | |
| Director | Canadian Museum of History | |
| Member | Canadian Museum of Nature | |
| Director | Canadian Race Relations Foundation | |
| Director | Destination Canada | |
| Director (Federal) | Hamilton-Oshawa Port Authority | |
| Governor | International Development Research Centre | |
| Chairperson | Laurentian Pilotage Authority Canada | |
| Chairperson | Military Police Complaints Commission of Canada | |
| Trustee | National Gallery of Canada | |
| Member | National Research Council Canada | |
| Chief Accessibility Officer | Office of the Chief Accessibility Officer | |
| Privacy Commissioner | Office of the Privacy Commissioner of Canada | |
| Member | Payments in Lieu of Taxes Dispute Advisory Panel | |
| Director (Federal) | Québec Port Authority | |
| Chairperson | Standards Council of Canada | |
| Registrar | Supreme Court of Canada | |
| Director (Federal) | Toronto Port Authority | |
| Vice-Chairperson | Transportation Appeal Tribunal of Canada | |
| Director (Federal) | Trois-Rivières Port Authority | |
| Chairperson | Windsor-Detroit Bridge Authority | |
| Director | Windsor-Detroit Bridge Authority |