Canada Gazette, Part I, Volume 157, Number 43: COMMISSIONS
October 28, 2023
CANADA BORDER SERVICES AGENCY
SPECIAL IMPORT MEASURES ACT
Wind towers — Decisions
On October 18, 2023, pursuant to paragraph 41(1)(b) of the Special Import Measures Act (SIMA), the Canada Border Services Agency (CBSA) has made final determinations of dumping and subsidizing concerning wind towers from China.
The subject goods are usually classified under the following tariff classification number:
- 7308.20.00.00
However, they can also be imported under the following tariff classification number, in particular if they are imported with other wind turbine components, such as the nacelle or rotors:
- 8502.31.00.00
The Canadian International Trade Tribunal (CITT) inquiry into the question of injury to the Canadian industry is continuing, and it will issue its decision by November 17, 2023. Provisional duties will continue to be imposed on the subject goods from China until the CITT renders its decision.
If the CITT finds that the dumping and/or subsidizing have caused injury or are threatening to cause injury, anti-dumping duties and/or countervailing duties will be applied to future importations of the subject goods. In that event, the importer in Canada shall pay such duties.
The Customs Act applies, with any modifications that the circumstances require, with respect to the accounting and payment of anti-dumping and countervailing duties.
Information
The Statement of Reasons regarding these decisions will be issued within 15 days following the decisions and will be available on the CBSA website.
Ottawa, October 18, 2023
Edith Laflamme
Acting Director General
Trade and Anti-dumping Programs Directorate
CANADA ENERGY REGULATOR
APPLICATION TO EXPORT ELECTRICITY TO THE UNITED STATES
Oiko Energy Inc
By an application dated 17 October 2023, Oiko Energy Inc (the Applicant) has applied to the Canada Energy Regulator (the CER) under Division 2 of Part 7 of the Canadian Energy Regulator Act (the Act) for authorization to export up to 7 600 000 MWh of combined firm and interruptible energy annually, for a period of 10 years.
The Commission of the Canada Energy Regulator (the Commission) wishes to obtain the views of interested parties on this application before issuing a permit or recommending to the Governor in Council that the application be designated for a licensing procedure. The Directions on Procedure that follow explain in detail the procedure that will be used.
- The Applicant shall provide a copy of the application by email to any person who requests one by emailing afalconer@oiko.ca. The application is also publicly available on the CER’s website.
- Written submissions that any interested party wishes to present shall be filed online with the CER in care of the Secretary of the Commission, and emailed to the Applicant, by 17 November 2023.
- Pursuant to subsection 359(2) of the Act, the Commission is interested in the views of submitters with respect to
- (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; and
- (b) whether the Applicant has
- (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale; and
- (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada.
- Any answer to submissions that the Applicant wishes to present, in response to items 2 and 3 of this Notice of Application and Directions on Procedure, shall be filed with the CER in care of the Secretary of the Commission and emailed to the party that filed the submission by 2 December 2023.
- For further information on the procedures governing the Commission’s examination, contact the Secretary of the Commission at 403‑292‑4800 (telephone).
The Canada Energy Regulator is dedicated to the safety and well-being of its staff, Indigenous communities, the public, and all those with whom it works closely. For information on how the CER is continuing its regulatory oversight during the COVID-19 pandemic, please refer to the CER’s COVID-19 response page.
The CER’s preferred filing method is online through its e-filing tool, which provides step-by-step instructions. If you are unable to file documents online, you may send them by email to secretary@cer-rec.gc.ca.
Ramona Sladic
Secretary of the Commission of the Canada Energy Regulator
CANADA REVENUE AGENCY
INCOME TAX ACT
Revocation of registration of charities
The following notice of intention to revoke was sent to the charities listed below because they have not met the filing requirements of the Income Tax Act:
“Notice is hereby given, pursuant to paragraph 168(1)(c) of the Income Tax Act, that I propose to revoke the registration of the charity listed below, and that by virtue of paragraph 168(2)(b) thereof, the revocation of the registration is effective on the date of publication of this notice in the Canada Gazette.”
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| 119125318RR0001 | ROTARY CLUB OF ROTHESAY - KINGS CHARITABLE TRUST, ROTHESAY, N.B. |
| 119142024RR0001 | SAVOY SOCIETY OF OTTAWA, OTTAWA, ONT. |
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| 119291599RR0001 | WESLEYAN WOMEN INTERNATIONAL, CENTRAL CANADA DISTRICT, TORONTO, ONT. |
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| 123787475RR0001 | NUIT BLANCHE, LE MAGAZINE DU LIVRE, QUÉBEC (QC) |
| 130523020RR0001 | THEATRE SASKATCHEWAN INC., REGINA, SASK. |
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| 132344391RR0001 | ST. DOMINIC EDUCATIONAL SOCIETY, CALGARY, ALTA. |
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| 136770385RR0001 | CENTRE DE RESTAURATION CHRÉTIENNE INTERNATIONAL / CHRISTIAN RESTORATION text-center INTERNATIONAL, SAINT-MATHIEU-DE-BELŒIL (QC) |
| 139893127RR0001 | SURBOIS, VALLEYFIELD (QC) |
| 140996208RR0001 | TRINITY CHRISTIAN SCHOOL ASSOCIATION, COLD LAKE, ALTA. |
| 143833499RR0001 | ABSOLUTHÉÂTRE, MONTRÉAL (QC) |
| 701868697RR0001 | PELICAN POINTE RECREATION COMMITTEE INC., PELICAN POINTE, SASK. |
| 715473724RR0001 | CANADIAN LEBANESE FOUNDATION FOR THE ADVANCEMENT OF EDUCATION, OTTAWA, ONT. |
| 719231896RR0001 | TCHOUKOU FOUNDATION, TERREBONNE, QUE. |
| 738350933RR0001 | COMING UP FOR AIR MENTAL HEALTH SUPPORT SOCIETY, EDMONTON, ALTA. |
| 745260687RR0002 | THE PATHWAY TO PEACE, MISSISSAUGA, ONT. |
| 747917888RR0001 | NEW LIFE CHURCH COWICHAN FOUNDATION, DUNCAN, B.C. |
| 750683294RR0001 | FONDATION ANDRÉ PIOLAT, COQUITLAM (C.-B.) |
| 760816090RR0001 | UPPER ROOM DELIVERANCE TABERNACLE, THORNHILL, ONT. |
| 773134549RR0001 | WYKED CONNECTIONS, MISSISSAUGA, ONT. |
| 801304262RR0001 | ALLEY CATS RESCUE SOCIETY, RED DEER, ALTA. |
| 803505957RR0001 | ÉCOLE MONTESSORI INTERNATIONAL MONTRÉAL, INC., MONTRÉAL (QC) |
| 803725456RR0001 | HUMANITY AUXILIUM, CALGARY, ALTA. |
| 806264735RR0001 | HELP THEM HELP THEMSELVES FOUNDATION, NORTH SAANICH, B.C. |
| 808117683RR0001 | XARA CHORAL THEATRE SOCIETY, HALIFAX, N.S. |
| 809221120RR0001 | WHITE OWL RESIDENCE CARE & SUPPORT SERVICES, SUDBURY, ONT. |
| 809692783RR0001 | LA FONDATION SOLEIL DU NORD DE MATAGAMI, MATAGAMI (QC) |
| 809962335RR0001 | CENTRE FOR E-DEMOCRACY, TORONTO, ONT. |
| 810525915RR0001 | ARAB JEWISH DIALOGUE INC., WINNIPEG, MAN. |
| 814814471RR0001 | FONDATION TOURNESOL / THE SUNFLOWER FOUNDATION, SAINT-LAURENT (QC) |
| 819833054RR0001 | SING FOR YOUR LIFE FOUNDATION, KELOWNA, B.C. |
| 820234912RR0001 | SYLVAN LAKE & AREA SERENITY PET SHELTER SOCIETY, RIMBEY, ALTA. |
| 821042249RR0001 | DRIVEN 2 SMILE - THE COMMUNITY INCLUSION PROGRAM, LITTLE BRITAIN, ONT. |
| 822488243RR0001 | LES SERVICES HIPPOLYTOIS DE PARTAGE, SAINT-HIPPOLYTE (QC) |
| 822824280RR0001 | FONDATION HUGUETTE ET JEAN-LOUIS FONTAINE, MONTRÉAL (QC) |
| 825844087RR0001 | STANLEY BRIDGE MEMORIAL SOCIETY INC., STANLEY BRIDGE, P.E.I. |
| 827175522RR0001 | BEL CANTO CHOIRS ASSOCIATION, PRINCE GEORGE, B.C. |
| 828322354RR0001 | CHAMINADE COLLEGE SCHOOL FOUNDATION INC., TORONTO, ONT. |
| 830358560RR0001 | FRASER VALLEY YOUTH SOCIETY, CHILLIWACK, B.C. |
| 830600276RR0001 | LE TRAIT D’UNION DE ST-RÉMI INC., AMHERST (QC) |
| 834036923RR0001 | NACE FOUNDATION OF CANADA, CALGARY, ALTA. |
| 834818726RR0001 | FONDATION DU CLUB ROTARY DE RIMOUSKI, RIMOUSKI (QC) |
| 834981953RR0001 | SPIRIT BUILDERS PROGRAM INC., BALCARRES, SASK. |
| 835230673RR0001 | MOMO MULTI-ABILITY MOVEMENT ARTS SOCIETY OF CALGARY, CALGARY, ALTA. |
| 837757616RR0001 | HAYATI CHILDREN’S FOUNDATION OF ALBERTA, CALGARY, ALTA. |
| 840123053RR0001 | PURE WITNESS MINISTRIES INC., VONDA, SASK. |
| 841515992RR0001 | THE POWER AND GLORY BIBLE MINISTRIES, NORTH YORK, ONT. |
| 844373324RR0001 | REACH FOR HOPE FOUNDATION INC., MAPLE, ONT. |
| 848821344RR0001 | WATERHEN & DISTRICT DAY CARE & DEVELOPMENTAL CENTRE INC., WATERHEN, MAN. |
| 850876905RR0001 | FONDATION DE LA M.F.R. DU K.R.T.B., SAINT-CLÉMENT (QC) |
| 850921529RR0001 | THE AKI LATVALA FOUNDATION, NORTH YORK, ONT. |
| 851604041RR0001 | ANGIOMA ALLIANCE CANADA, PORT PERRY, ONT. |
| 852066778RR0001 | THE ENVIRONMENTAL ARTWORKS FOUNDATION OF ALBERTA, EDMONTON, ALTA. |
| 852508464RR0001 | CANADIAN ABUSED AND ABANDONED ANIMAL PROTECTION SOCIETY/CAPS, NORTH VANCOUVER, B.C. |
| 853639060RR0001 | FRIENDS OF THE PORT ELGIN BRANCH OF THE BRUCE COUNTY PUBLIC LIBRARY, PORT ELGIN, ONT. |
| 854078201RR0001 | HELPING HANDS RESOURCE CENTRE FOR IMMIGRANTS INC., WINNIPEG, MAN. |
| 854965258RR0001 | THÉÂTRE EXALTEMPS, BOUCHERVILLE (QC) |
| 855724241RR0001 | ÉGLISE ORTHODOXE RUSSE DE SAINT-SÉRAPHIN DE SAROV, MONTRÉAL (QC) |
| 858861289RR0001 | NEW HOPE COMMUNITY CHURCH, LYTTLETON, N.B. |
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| 861568368RR0001 | THE M. GOUDARZI FOUNDATION, THORNHILL, ONT. |
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| 869515742RR0001 | MAKE A LIFE, WEST KELOWNA, B.C. |
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| 876470022RR0001 | CANADIAN ORGANIZATION OF SENIOR ARTISTS AND PERFORMERS, TORONTO, ONT. |
| 877229500RR0001 | ALEXANDER FORBES PLAYGROUND & RECREATIONAL SOCIETY, GRANDE PRAIRIE, ALTA. |
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| 889084455RR0001 | BRANDON FILM FESTIVAL INC., BRANDON, MAN. |
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| 891526741RR0001 | BELL ALIANT PIONEERS-NB CHAPTER 51 SCHOLARSHIP FOUNDATION INC., HAMPTON, N.B. |
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| 892366766RR0001 | EARLY CHILDHOOD MUSIC ASSOCIATION OF ONTARIO, RICHMOND HILL, ONT. |
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| 899756456RR0001 | WAINWRIGHT RAILWAY PRESERVATION SOCIETY, WAINWRIGHT, ALTA. |
Sharmila Khare
Director General
Charities Directorate
CANADIAN INTERNATIONAL TRADE TRIBUNAL
APPEALS
Notice No. HA-2023-012
The Canadian International Trade Tribunal will hold a public hearing to consider the appeals referenced below. This hearing will be held beginning at 9:30 a.m., in the Tribunal’s Hearing Room No. 2, 18th Floor, 333 Laurier Avenue West, Ottawa, Ontario. Interested persons planning to attend should contact the Tribunal at 613‑993‑3595 or at citt-tcce@tribunal.gc.ca to obtain further information and to confirm that the hearing will be held as scheduled.
| Date of Hearing | November 23, 2023 |
|---|---|
| Appeals | AP-2021-015 and AP-2021-020 |
| Goods in Issue | Protective helmets for motorsport racing, including helmets for motocross and snow-cross racing, certified by the Department of Transportation, the Economic Commission for Europe and/or the Snell Foundation. |
| Issues | Whether the goods in issue are properly classified under tariff item 6506.10.90 as "other safety headgear", as determined by the President of the Canada Border Services Agency, or should be classified under tariff item 6506.10.10 as "other protective headgear, athletic", as claimed by Kimpex Inc. In appeal AP-2021-020, the President of the Canada Border Services Agency also maintains that the Tribunal does not have jurisdiction to hear an appeal of advanced rulings by the Canada Border Services Agency in the absence of a specific ruling by the President. |
| Tariff Items at Issue | Kimpex Inc. — 6506.10.10 President of the Canada Border Services Agency — 6506.10.90 |
CANADIAN INTERNATIONAL TRADE TRIBUNAL
EXPIRY REVIEW OF FINDING
Sucker rods
The Canadian International Trade Tribunal gives notice that, pursuant to subsection 76.03(1) of the Special Import Measures Act (SIMA), it will initiate an expiry review (Expiry Review RR-2023-005) of its finding made on December 14, 2018, in inquiry NQ-2018-001, concerning the dumping and subsidizing of sucker rods, including pony rods, with or without couplings attached and with or without guides attached, manufactured to American Petroleum Institute (API) 11B specifications, equivalent standards or proprietary standards, including in a finished or semi-finished state, made of solid steel, including carbon, alloy and special grades of steel, of 2.5 inches (63.5 mm) or less in diameter of rod body, with stated measurements subject to permissible tolerances, originating in or exported from the People’s Republic of China (the subject goods).
In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping or subsidizing of the subject goods. If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping or subsidizing, the Tribunal will then determine if the continued or resumed dumping or subsidizing is likely to result in injury to the domestic industry. The CBSA will provide notice of its determinations within 150 days after receiving notice of the Tribunal’s initiation of the expiry review, that is, no later than March 14, 2024. The Tribunal will issue its order and its statement of reasons no later than August 21, 2024.
Each person or government wishing to participate in this expiry review must file Form I—Notice of Participation with the Tribunal, by October 31, 2023. Regarding the importance of the deadline for filing a notice of participation, please read carefully the “Support by domestic producers” section in the notice available on the Tribunal’s website. Each counsel who intends to represent a party in the expiry review must file Form II—Notice of Representation and Form III—Declaration and Undertaking with the Tribunal, by October 31, 2023. The Tribunal will issue a list of participants shortly thereafter.
On May 6, 2024, the Tribunal will distribute the record to participants. Counsel and self-represented participants are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those participants who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record, and who have filed Form III—Declaration and Undertaking with the Tribunal. This information will be included in the list of participants. One complete electronic version of all submissions must be filed with the Tribunal.
The Tribunal will hold a public hearing relating to this expiry review commencing on June 10, 2024. The type of hearing will be communicated at a later date.
Written submissions, correspondence and requests for information regarding the Tribunal’s portion of this expiry review should be addressed to the Registry, Canadian International Trade Tribunal Secretariat, at citt-tcce@tribunal.gc.ca or you may reach the Registry at 613‑993‑3595.
Additional information and the expiry review schedule are available in the notice posted on the Tribunal’s website.
Ottawa, October 16, 2023
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE TO INTERESTED PARTIES
The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, these documents may be examined at the Commission’s office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission’s website, under “Public proceedings & hearings.”
The following documents are abridged versions of the Commission’s original documents.
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
| Decision number | Publication date | Applicant’s name | Undertaking | City | Province |
|---|---|---|---|---|---|
| 2023-338 | October 13, 2023 | Moviola: Short Film Channel Inc. | English-language discretionary service Rewind | Across Canada | n.a. |
| 2023-341 | October 16, 2023 | Saskatchewan Telecommunications | SaskTel Pay-Per-View | Across Canada | n.a. |
| 2023-343 | October 17, 2023 | The Ontario Educational Communications Authority | CICA-DT | Various locations in Ontario | n.a. |
| 2023-344 | October 19, 2023 | Skigin Radio Incorporated | Low-power, Indigenous (Type B Native) FM radio station | Woodstock First Nation | New Brunswick |
NAFTA SECRETARIAT
NOTICE OF COMPLETION OF PANEL REVIEW
Fabricated structural steel from Canada
Notice is hereby given, pursuant to subrule 78(a) of the North American Free Trade Agreement (NAFTA) Rules of Procedure for Article 1904 Binational Panel Reviews, that the binational panel review of the final determination made by the United States Department of Commerce, International Trade Administration, respecting “Certain Fabricated Structural Steel from Canada” is completed. Pursuant to subrule 78(a) of the North American Free Trade Agreement (NAFTA) Rules of Procedure for Article 1904 Binational Panel Reviews, this Notice of Completion of Panel Review is effective on September 28, 2023, the day the Consent Motion to terminate the binational panel review of this matter was filed (Secretariat File No. USA-CDA-2020-1904-02).
EXPLANATORY NOTE
Chapter 19 of NAFTA establishes a procedure for replacing domestic judicial review of determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by binational panels.
These panels are established, when a Request for Panel Review is received by the NAFTA Secretariat, to act in place of national courts to review final determinations expeditiously to determine whether they are in accordance with the antidumping or countervailing duty law of the country that made the determination.
Under Article 1904 of NAFTA, which came into force on January 1, 1994, the Government of Canada, the Government of the United States and the Government of Mexico established the Rules of Procedure for Article 1904 Binational Panel Reviews. These Rules were published in the Canada Gazette, Part I, on January 1, 1994, and as amended, on March 29, 2008.
Requests for information concerning the present notice or concerning the Rules of Procedure for Article 1904 Binational Panel Reviews, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, 111 Sussex Drive, 5th Floor, Ottawa, Ontario, K1A 0G2, Canada, or canada@can-mex-usa-sec.org.
Jennifer Hopkins
Canadian Secretary
NAFTA SECRETARIAT
NOTICE OF COMPLETION OF PANEL REVIEW
Fabricated structural steel from Canada, China and Mexico
Notice is hereby given, pursuant to subrule 78(a) of the North American Free Trade Agreement (NAFTA) Rules of Procedure for Article 1904 Binational Panel Reviews, that the binational panel established to review the final determination made by the United States International Trade Commission, respecting “Certain Fabricated Structural Steel from Canada, China and Mexico”, is completed. Pursuant to subrule 78(a) of the NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews, this Notice of Completion of Panel Review is effective as of September 28, 2023, the day the Consent Motion to terminate the binational panel review of this matter was filed (Secretariat File No. USA-CDA-2020-1904-05).
EXPLANATORY NOTE
Chapter 19 of NAFTA establishes a procedure for replac-ing domestic judicial review of determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by binational panels.
These panels are established, when a Request for Panel Review is received by the NAFTA Secretariat, to act in place of national courts to review final determinations expeditiously to determine whether they are in accordance with the antidumping or countervailing duty law of the country that made the determination.
Under Article 1904 of NAFTA, which came into force on January 1, 1994, the Government of Canada, the Government of the United States, and the Government of Mexico established the Rules of Procedure for Article 1904 Binational Panel Reviews. These Rules were published in the Canada Gazette, Part I, on January 1, 1994, and as amended, on March 29, 2008.
Requests for information concerning the present notice, or concerning the Rules of Procedure for Article 1904 Binational Panel Reviews, should be addressed to the Canadian Secretary, NAFTA Secretariat, Canadian Section, 111 Sussex Drive, 5th Floor, Ottawa, Ontario, K1A 0G2, Canada, or canada@can-mex-usa-sec.org.
Jennifer Hopkins
Canadian Secretary
PARKS CANADA AGENCY
SPECIES AT RISK ACT
Description of critical habitat of the Golden-winged Warbler in Thousand Islands National Park of Canada
The Golden-winged Warbler (Vermivora chrysoptera) is a migratory songbird protected under the Migratory Birds Convention Act, 1994, and is listed on Schedule 1 of the Species at Risk Act. In Canada, the Golden-winged Warbler occurs in Saskatchewan, Manitoba, Ontario, and Quebec. It is found in forest edge habitat exhibiting early successional characteristics, usually with a patchy mixture of shrubs, saplings, herbaceous openings and widely spaced tall trees.
The Recovery Strategy for the Golden-winged Warbler (Vermivora chrysoptera) in Canada (PDF) identifies critical habitat for the species in a number of areas, including within Thousand Islands National Park of Canada.
Notice is hereby given, pursuant to subsection 58(2) of the Species at Risk Act, that 90 days after the date of publication of this notice, subsection 58(1) of the Act will apply to the critical habitat of the Golden-winged Warbler, identified in the recovery strategy for that species that is included in the Species at Risk Public Registry, and that is located within Thousand Islands National Park of Canada, the boundaries of which are described in Schedule 1 to the Canada National Parks Act.
Terrie Dionne
Acting Field Unit Superintendent
Georgian Bay and Ontario East Field Unit
PUBLIC SERVICE COMMISSION
PUBLIC SERVICE EMPLOYMENT ACT
Permission and leave granted (Johnston, Sam)
The Public Service Commission of Canada, pursuant to section 116 of the Public Service Employment Act, hereby gives notice that it has granted permission, pursuant to subsection 114(4) of the said Act, to Sam Johnston, Team Lead, Correctional Service Canada, to seek nomination as a candidate before and during the election period, and to be a candidate before the election period in the provincial election in the electoral district of Miramichi Bay-Neguac, New Brunswick. The election is expected to be held on or before October 21, 2024.
The Public Service Commission of Canada, pursuant to subsection 114(5) of the said Act, has also granted a leave of absence without pay during the election period, effective the first day the employee is a candidate during the election period.
October 8, 2023
Marie-Josée Kabis
Acting Vice-President
Policy and Communications Sector