Canada Gazette, Part I, Volume 157, Number 29: GOVERNMENT NOTICES

July 22, 2023

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

• Canadian Human Rights Commission
  • Pay Equity Commissioner
    • Straznicky, Lori, Order in Council 2023-593
• Court of King’s Bench of Alberta
  • Justices
• Court of Appeal of Alberta
  • Judges ex officio
    • Gaston, Melanie, Order in Council 2023-550
    • Rickards, Christopher A., K.C., Order in Council 2023-549
    • Simard, Christopher D., Order in Council 2023-648
• Federal Court of Appeal
  • Judge
• Federal Court
  • Judge ex officio
    • Biringer, The Hon. Monica, Order in Council 2023-645
• Military Police Complaints Commission
  • Part-time Member
    • Lambrinakos, Panagiotis (Peter), Order in Council 2023-544
• Public Sector Integrity Commissioner
  • Solloway, Harriet, Order in Council 2023-708
• Royal Canadian Mounted Police
  • Management Advisory Board
    • Part-time Member
      • Grier, Patricia, Order in Council 2023-632
• Social Security Tribunal
• Appeal Division
  • Full-time Member
    • Bergen, Stephen Lawrence, Order in Council 2023-638
• Superior Court of Justice of Ontario
  • Judges
• Court of Appeal for Ontario
  • Judges ex officio
    • Hilliard, The Hon. Aubrey Danielle, Order in Council 2023-646
    • Rhinelander, Catherine H., Order in Council 2023-548
• Superior Court of Quebec
  • Associate Chief Justice
    • Michaud, The Hon. Jean-François, Order in Council 2023-596
• Superior Court of Quebec for the district of Québec
  • Cossette, Marie, Order in Council 2023-647
• Windsor-Detroit Bridge Authority
  • Chief Executive Officer
    • Van Niekerk, Charl, Order in Council 2023-573

July 14, 2023

Rachida Lagmiri
Official Documents Registrar

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senators called

Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada bearing the date of July 5, 2023:

• White, Judy, of St. George’s, in the Province of Newfoundland and Labrador, member of the Senate and a Senator for the Province of Newfoundland and Labrador;
• Prosper, Paul, of Hants County, in the Province of Nova Scotia, member of the Senate and a Senator for the Province of Nova Scotia.

July 14, 2023

Rachida Lagmiri
Official Documents Registrar

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

DEPARTMENT OF INDUSTRY ACT
TELECOMMUNICATIONS ACT
RADIOCOMMUNICATION ACT

Notice No. SMSE-005-23 — Fee Order for Telecommunications and Radio Apparatus

The Minister of Innovation, Science and Industry (the Minister), pursuant to section 20 of the Department of Industry Act, is responsible for establishing fees applicable to the assessment, registration, listing, and provision of technical expertise services provided by the Minister pursuant to the Radiocommunication Act and the Telecommunications Act to regulate radio and telecommunications apparatus for compliance with technical standards established by the Minister under these acts.

The fees outlined in the fee schedule below were developed following a public consultation, which invited comments as per the requirements of the Department of Industry Act through notice SMSE-022-22 — Consultation on Telecommunications and Radio Equipment Service Fees of the Certification and Engineering Bureau, on December 1, 2022. The notice published in the Canada Gazette invited the public, including interested parties, to provide comments on the new fee structure.

As per decisions outlined in notice SMSE-006-23 — Decision on Telecommunications and Radio Equipment Service Fees of the Certification and Engineering Bureau, the Minister will introduce new fees related to telecommunication and radio apparatus. All fees are subject to the Service Fees Act, which requires the implementation of a periodic fee adjustment that is applied to all fees. Periodic fee adjustments are detailed on Innovation, Science and Economic Development Canada’s Spectrum and telecommunications fees web page. The fees set out below take effect as of September 1, 2023.

Effective September 1, 2023, the order that appears in notice SMSE-008-07 — Telecommunications and Radio Apparatus Fee Order is repealed.

Fee schedule

The Minister, pursuant to section 20 of the Department of Industry Act, hereby fixes the following fees, effective September 1, 2023. The fees are applicable to the assessment, registration, listing and provision of technical expertise services provided by the Minister pursuant to the Radiocommunication Act and the Telecommunications Act to regulate radio and telecommunications apparatus for compliance with technical standards established by the Minister under these acts.

Interpretation

For the purpose of this fee schedule:

“apparatus”

means telecommunications or terminal apparatus/equipment or radio or wireless apparatus/equipment;

“Bureau”

refers to the Certification and Engineering Bureau of the Department of Innovation, Science and Economic Development Canada;

“certification”

refers to a procedure whereby the Department or a third party gives written assurance that a product, process or service conforms to specified requirements;

“Conformity Assessment Body”

means a body engaged in any activity concerned with determining directly or indirectly that the relevant requirements are fulfilled;

“Department”

means the Department of Innovation, Science and Economic Development Canada;

“engineering brief”

means a written submission, signed by a responsible person, containing significant technical information or design data and description of the tests that have been conducted, including the results of such tests, for the purpose of confirming that apparatus complies with the applicable technical requirements, specifications, or standards;

“Minister”

means the Minister of Innovation, Science and Industry; and

“technical requirements, specifications or standards”

means, in respect of each application for the assessment of apparatus, only such technical requirements, specifications or standards as apply to that apparatus.

Wireless equipment certification fee

Where a person applies to the Minister for the assessment of apparatus for the purpose of determining compliance with technical requirements, specifications and standards, and for issuing a Technical Acceptance Certificate as applicable, that person shall pay a fee of $4,000. The wireless equipment certification fee is $4,000 per application (one certification with single or multiple models) regardless of the number of standards being assessed. The wireless equipment certification fee includes a charge for the administration of the application, the technical examination, the review of the brief, the issuance of a Technical Acceptance Certificate and the listing in the Radio Equipment List by the Minister.

Wireless equipment recertification fee

Where a person applies to the Minister for services such as performing the reassessment wireless equipment, the review of applications for multiple listings, a request for family approval or for the transfer of a Technical Acceptance Certificate, that person shall pay a wireless equipment recertification fee of $160 per person-hour or part thereof. Upon request, the Bureau will provide an estimate of the cost for technical support to its clients. The Bureau will request full payment of the cost before service is provided. Progress payments will be required for situations where longer than normal assessment times are needed. Regarding standard wireless recertification applications, an administrative recertification (not including a test report) will be charged a minimum of two hours, whereas a technical recertification (including one or more test reports) will be charged a minimum of eight hours.

Equipment registration fee

Where a person applies to the Minister for the registration of telecommunications apparatus in a list maintained and published by the Minister (the Terminal Apparatus Register) or for the listing of certified radio equipment in a list maintained and published by the Minister (the Radio Equipment List), that person shall pay the equipment registration fee of $750 per submission in addition to any other applicable fee.

Equipment registration amendment fee

Where a person applies to the Minister to approve the amendment of either radio equipment certification or telecommunications equipment registration (or a combination thereof, known as dual applications), that person shall pay a $375 equipment registration amendment fee in addition to any other applicable fee.

Payment of fees

The fees outlined in this order are payable at the time of making the application except for the wireless equipment recertification fee, which will be payable after an application is made, but before services are rendered.

July 4, 2022

François-Philippe Champagne
Minister of Innovation, Science and Industry

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-010-23 — Publication of RSS-192 (Issue 5), and SRSP-520 (Issue 3), and amendments to SRSP-303.4 (Issue 3)

Notice is hereby given that Innovation, Science and Economic Development Canada has published the following documents:

• Radio Standards Specification RSS-192, Issue 5, Flexible Use Broadband Equipment Operating in the Band 3450-3900 MHz, which sets out the requirements for the certification of flexible use broadband equipment used in fixed and/or mobile services operating in the frequency band 3450-3900 MHz.
• Standard Radio System Plan SRSP-520, Issue 3, Technical Requirements for Fixed and/or Mobile Systems, Including Flexible Use Broadband Systems, in the Band 3450-3900 MHz, which sets out the minimum technical requirements for the efficient use of the band 3450-3900 MHz and applies to fixed and mobile systems, including flexible use broadband systems, operating in the band.

In addition, amendments to the following document have been published:

• Standard Radio System Plan SRSP-303.4, Issue 3, Technical Requirements for Fixed Wireless Access Systems Operating in the Band 3475-3650 MHz, which sets out the minimum technical requirements for the efficient use of the frequency band 3475-3650 MHz by the fixed service for Fixed Wireless Access (FWA) including point-to-point applications.

These documents are now official and available on the Published documents page of the Spectrum management and telecommunications website.

Submitting comments

Comments and suggestions for improving these documents may be submitted online using the Standard Change Request form.

July 5, 2023

Martin Proulx
Director General
Engineering, Planning and Standards Branch

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

TELECOMMUNICATIONS ACT
RADIOCOMMUNICATION ACT

Notice No. SMSE-006-23 — Decision on Telecommunications and Radio Equipment Service Fees of the Certification and Engineering Bureau

The intent of this notice is to announce the release of the document entitled SMSE-006-23, Decision on Telecommunications and Radio Equipment Service Fees of the Certification and Engineering Bureau, which sets out Innovation, Science and Economic Development Canada’s (ISED) decisions regarding revisions to the fee framework related to the certification of radio equipment and the registration of telecommunications equipment.

This document is the result of the consultation process undertaken in notice SMSE-022-22, Consultation on Telecommunications and Radio Equipment Service Fees of the Certification and Engineering Bureau.

Obtaining copies

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

Official versions of notices can be viewed on the Canada Gazette website.

July 4, 2023

Martin Proulx
Director General
Engineering, Planning and Standards Branch

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

DIRECTOR OF PUBLIC PROSECUTIONS ACT

Directive

Whereas the Honourable A. Anne McLellan was asked to review the roles of the Minister of Justice and Attorney General of Canada and issued a report and recommendations on August 14, 2019; and

Whereas I have consulted with the Director of Public Prosecutions under subsection 10(2) of the Director of Public Prosecutions Act;

I issue the following directives to the Director of Public Prosecution, which will be published on the website of the Public Prosecution Service of Canada:

1.2 Duty to Inform the Attorney General under Section 13 of the Director of Public Prosecutions Act

Public Prosecution Service of Canada Deskbook

Directive of the Attorney General Issued under subsection 10(2) of the Director of Public Prosecutions Act

July 6, 2023

Table of Contents

• 1. Introduction
• 2. Types of Cases that Should be Reported under Section 13
  • 2.1. Prosecutions
  • 2.2. Appeals
  • 2.3. Interventions
• 3. Notice at the Pre-charge Stage and Regarding Decisions not to Prosecute
• 4. Timing of Notice
• 5. Content of Notice
• 6. Treatment of Notice

1. Introduction

Section 13 of the Director of Public Prosecutions Act^{footnote 1} (DPP Act) provides that the Director of Public Prosecutions (DPP) has a duty to “inform the Attorney General in a timely manner of any prosecution, or intervention that the Director intends to make, that raises important questions of general interest.” This duty arises from the relationship between the Attorney General and the DPP, since the Attorney General may rely upon information provided under section 13 in deciding whether to issue directives to the DPP under subsection 10(1), to intervene in proceedings under section 14,^{footnote 2} or to assume conduct of a prosecution under section 15.^{footnote 3}

Section 13 is not intended to be the exclusive mechanism for information flow between the DPP and the Attorney General in respect of prosecution matters. Rather, section 13 is intended as a statutory guarantee that the DPP will inform the Attorney General to enable the Attorney General to properly execute their functions as chief law officer of the Crown. Section 13 notes are issued by the DPP and are intended for the Attorney General personally.

Section 13 does not apply to proceedings conducted by the Public Prosecution Service of Canada (PPSC) on behalf of the Attorney General in relation to the Attorney General’s powers, duties and functions under the Extradition Act^{footnote 4} and the Mutual Legal Assistance in Criminal Matters Act^{footnote 5} pursuant to subsection 3(9) of the DPP Act,^{footnote 6} nor does it apply to prosecutions under the Canada Elections Act.^{footnote 13}

2. Types of Cases that Should be Reported under Section 13

Section 13 notices are required in cases that raise “important questions” that are of “general interest”. The framers opted for the term “general interest” which is broader than “public interest”. As the legislative summary of Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, explained:

• A distinction is made between the term “public interest” and the broader term “general interest” (considered to subsume “public interest”) so that the DPP will have a broader duty to inform the Attorney General of important matters. The House Committee removed the need for questions of general or public interest to be “beyond the scope of those usually raised in prosecutions,” as it was considered to be unnecessary and unduly limit the ability of the Attorney General to intervene.^{footnote 7}

The qualifier “important questions” acts as an additional threshold to distinguish matters of significance from more routine or recurring matters.

Examples of cases that may involve important questions of general interest and thus generally would be subject to a section 13 notice include prosecutions, appeals and interventions as set out below.

2.1. Prosecutions

• Cases giving rise to concerns regarding public confidence in the administration of justice, including the manner in which a prosecution is conducted insofar as the impartiality or independence of the PPSC is at issue;
• Cases that may have a significant impact on established jurisprudence;
• National security prosecutions;
• War crimes, crimes against humanity and genocide prosecutions;
• Novel official languages issues in prosecutions;
• Prosecutions that involve novel aboriginal rights issues;
• Criminal organization prosecutions that raise “important questions of general interest” by virtue of the significance or novelty of the issues being litigated, or any broader government concerns such as border security;
• Environmental prosecutions that raise issues of national importance;
• Capital markets fraud cases of national significance;
• Cases with an international dimension;
• Constitutional challenges (Canadian Charter of Rights and Freedoms [Charter] or division of powers) to legislation or to federal government programs that are novel (that is, notices would not be required on routine or recurring constitutional challenges); and
• Cases that give rise to sustained, significant and/or anticipated media interest and that also raise important questions, for example, when a matter puts into question the public’s confidence in the administration of justice.

2.2. Appeals

• Supreme Court of Canada appeals, whether on leave or as of right; and
• Other appeals, to provincial and territorial courts of appeal and summary conviction appeals, which raise “important questions of general interest”. They would include
  • Cases involving constitutional challenges to legislation (Charter, division of powers, Aboriginal rights), official languages rights,
  • Cases that may have a significant impact on police and prosecutorial powers, duties and functions,
  • Cases that raise a significant impact on rules of procedure and evidence, and
  • Cases that raise other significant Charter issues.

2.3. Interventions

• Interventions to be made on behalf of the DPP or the Attorney General,^{footnote 8} whether in the Supreme Court of Canada, in any court of appeal or at trial.

3. Notice at the Pre-charge Stage and Regarding Decisions not to Prosecute

The section 13 notice requirement is limited to “prosecutions and interventions”. Under section 2 of the DPP Act, the term “prosecutions” is defined to include not only a prosecution under the Attorney General’s jurisdiction, but also “a proceeding respecting any offence where the prosecution or prospective prosecution” comes within the Attorney General’s jurisdiction. Generally, the DPP does not provide section 13 notices in respect of investigations, in recognition of the independent investigative function.^{footnote 9} However, the section 2 reference to “prospective prosecutions” indicates that the section 13 notice requirement extends to pre-charge “proceedings”. This would include various ex parte Crown applications to obtain judicial authorization to use investigative or enforcement techniques (special search warrants, restraint orders and management orders). That said, it is anticipated that section 13 notices in respect of ex parte Crown applications would be exceedingly rare at the pre-charge stage in large part because the fundamental principle of police independence at the investigative stage must inform what is an important question of general interest.

In most Canadian jurisdictions, decisions to decline prosecution are made post-charge and dealt with by way of a stay of proceedings or withdrawal of charges. Proceedings to stay or withdraw charges are subject to section 13. However, by virtue of the section 2 definition of “prosecutions” which is limited to “proceedings”, section 13 would not extend to prosecutorial decisions not to prosecute in pre-charge approval jurisdictions (Quebec, British Columbia and New Brunswick) because the prosecutorial decision-making is not a “proceedings”. For the same reason, section 13 would not apply to decisions of the DPP not to consent to institute criminal proceedings.^{footnote 10} That said, while such decisions to decline prosecution would not constitute “proceedings” and thus would fall outside the scope of section 13, the DPP will apply the spirit of section 13 and notify the Attorney General of such pre-charge decisions if they raise important questions of general interest so that the Attorney General may decide whether or not to issue a directive under subsection 10(1) or to assume conduct of a prosecution under section 15 where the DPP has declined to prosecute. It is conceivable, for example, that the Attorney General could reach a different conclusion in applying the “public interest” criteria of the decision to prosecute test.^{footnote 12}

4. Timing of Notice

Section 13 requires that notice be given “in a timely manner”. By necessity, the timelines for providing a section 13 notice will vary from case-to-case in accordance with the particular facts, including any applicable time limitation periods.^{footnote 11} That said, the section 13 timeliness requirement must be interpreted to uphold the overarching principle that, to the extent possible, the Attorney General must be given sufficient opportunity to react.

Notices should be given in respect of prosecutions that raise important questions of general interest at various milestone stages of the prosecution, notably prior to initiating prosecutions, discontinuing proceedings, staying a prosecution, including a private prosecution, and prior to decisions to appeal or to intervene. The decision of whether to issue a notice (or a follow-up notice) should be made to give effect to the Attorney General’s role as chief law officer of the Crown, including the powers that the Attorney General may exercise pursuant to the DPP Act regarding directions given to the DPP (section 10), assuming conduct of a prosecution (section 15), and interventions by the Attorney General (section 14).

5. Content of Notice

Section 13 notices should include a contextual explanation setting out why the Attorney General is being informed of the matter, as well as details concerning relevant timelines, such as filing deadlines, hearing dates, and trial dates, and other information that would be relevant to inform any decision by the Attorney General.

6. Treatment of Notice

Insofar as they contain legal advice and other privileged information, section 13 notices are to be treated as privileged. They are also confidential insofar as they relate to the exercise of prosecutorial discretion. The Attorney General may share section 13 notices with the Deputy Minister of Justice or others for the purpose of obtaining advice as to whether they should exercise their authority to issue a directive or take over a prosecution. The Attorney General may seek additional information from the DPP upon receiving a section 13 notice. As noted above, the Attorney General relies on the information contained in section 13 notices in deciding whether to issue specific directives, intervene in proceedings or take over a prosecution. The Attorney General may issue specific directives or take over a prosecution on public interest grounds or because they are of the view that there is, or is not, a reasonable prospect of conviction.

This directive takes effect on its publication on the website of the Public Prosecutions Service of Canada.

The Directive of the Attorney General to the Director of Public Prosecutions made on June 16, 2014, and published in the Canada Gazette on August 30, 2014, ceases to be in effect on the publishing of this directive, only as it pertains to this part.

Ottawa, July 6, 2023

The Honourable David Lametti
Attorney General of Canada

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

Innovation Federal Credit Union — Letters patent of continuance and order to commence and carry on business

Notice is hereby given of the issuance,

• pursuant to subsection 35(1) of the Bank Act, of letters patent continuing Innovation Credit Union, a company incorporated under The Credit Union Act, 1998 of the Province of Saskatchewan, as a bank under the Bank Act under the name Innovation Federal Credit Union, effective June 23, 2023; and
• pursuant to subsection 48(3) of the Bank Act, of an order authorizing Innovation Federal Credit Union to commence and carry on business, effective June 23, 2023.

July 22, 2023

Peter Routledge
Superintendent of Financial Institutions

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.

Governor in Council appointment opportunities

Position	Organization	Closing date
Director	Asia-Pacific Foundation of Canada
Director	Bank of Canada
Chairperson	Business Development Bank of Canada
Director	Business Development Bank of Canada
Director	Canada Foundation for Innovation
Director	Canada Foundation for Sustainable Development Technology
Director	Canada Revenue Agency
Chairperson	Canadian Accessibility Standards Development Organization
Director	Canadian Accessibility Standards Development Organization
Director	Canadian Centre on Substance Abuse
Director	Canadian Commercial Corporation
Chief Executive Officer	Canadian Energy Regulator
Director	Canadian Energy Regulator
Chief Commissioner	Canadian Grain Commission
Chief Commissioner	Canadian Human Rights Commission
Member	Canadian Human Rights Tribunal
Member	Canadian Institutes of Health Research
President	Canadian Institutes of Health Research
Member	Canadian International Trade Tribunal
Permanent Member	Canadian Nuclear Safety Commission
President	Canadian Nuclear Safety Commission
Member	Canadian Radio-television and Telecommunications Commission
Member	Canadian Statistics Advisory Council
Director	Canadian Tourism Commission
Chairperson	Canadian Transportation Accident Investigation and Safety Board
Member	Canadian Transportation Accident Investigation and Safety Board
Member	Canadian Transportation Agency
Director	Export Development Canada
Director	First Nations Financial Management Board
Commissioner	First Nations Tax Commission
Director	Halifax Port Authority
Member	Historic Sites and Monuments Board of Canada
Law Clerk and Parliamentary Counsel	House of Commons
Dispute/Appellate Panellist	Internal Trade Secretariat — Canadian Free Trade Agreement
Commissioner	International Commission on the Conservation of Atlantic Tunas
Commissioner	International Joint Commission
Chairperson	Military Grievances External Review Committee
Vice-Chairperson	Military Grievances External Review Committee
Chairperson	National Advisory Council on Poverty
Member	National Advisory Council on Poverty
Member (Children’s Issues)	National Advisory Council on Poverty
Commissioner	National Battlefields Commission
Canadian Representative	North Atlantic Salmon Conservation Organization
Canadian Representative	North Pacific Anadromous Fish Commission
Conflict of Interest and Ethics Commissioner	Office of the Conflict of Interest and Ethics Commissioner
Member	Patented Medicine Prices Review Board
Vice-Chairperson	Patented Medicine Prices Review Board
President	Public Service Commission
Principal	Royal Military College of Canada
Member	Standards Council of Canada