Canada Gazette, Part I, Volume 158, Number 25: GOVERNMENT NOTICES
June 22, 2024
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
New Ministerial Instructions regarding the processing of certain work permit applications
Notice is hereby given under subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act) that the Department of Citizenship and Immigration (the Department) has established the following Ministerial Instructions regarding the processing of certain work permit applications.
Overview
Authority for Ministerial Instructions is derived from section 87.3 of the Act. The Instructions are being issued to ensure that the processing of applications is conducted in a manner that, in the opinion of the Minister of Citizenship and Immigration (the Minister), will best support the attainment of the immigration goals established by the Government of Canada.
The Instructions are consistent with several objectives laid out in section 3 of the Act, specifically the objective to pursue the maximum social, cultural and economic benefits of immigration, through the continued maintenance of efficient procedures, consistency in decision-making, and integrity of the Canadian immigration system. These Instructions are instrumental to lowering flagpoling volumes at ports of entry (POE), the objective of which is to reduce border wait times and enable more effective customs and immigration examinations.
Instructions to refuse to process certain work permit applications
Instructions are directed to designated officers who are charged with handling and/or reviewing applications for work permits.
Officers are instructed not to process applications for work permits made by foreign nationals in accordance with section 198 of the Immigration and Refugee Protection Regulations (Regulations), if the application is described below:
- (a) the applicant is making the work permit application under section 200 of the Regulations on entry to Canada; and
- (b) the work permit application referred to in (a) is for post-graduation work designated by the Minister under subparagraph 200(1)(c)(ii) of the Regulations.
Disposition of applications
Where new work permit applications are not processed pursuant to these Instructions, the applicant will be notified of the refusal to process, and the associated work permit processing fee will be returned.
Coming into effect
These Instructions take effect on the day on which they are published in the Canada Gazette, Part I.
June 12, 2024
The Hon. Marc Miller, P.C., M.P.
Minister of Citizenship and Immigration
DEPARTMENT OF TRANSPORT
CANADA SHIPPING ACT, 2001
Interim Order No. 2 Respecting the Discharge of Sewage and the Release of Greywater by Cruise Ships in Canadian Waters
Whereas the Minister of Transport believes that the annexed Interim Order No. 2 Respecting the Discharge of Sewage and the Release of Greywater by Cruise Ships in Canadian Waters 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 under paragraph 35(1)(e)footnote a, subsection 35.1(1)footnote b, paragraph 136(1)(f)footnote c and subsection 190(1)footnote d of the Canada Shipping Act, 2001 footnote e;
Therefore, the Minister of Transport makes the annexed Interim Order No. 2 Respecting the Discharge of Sewage and the Release of Greywater by Cruise Ships in Canadian Waters under subsection 10.1(1)footnote f of the Canada Shipping Act, 2001 footnote e.
Ottawa, June 5, 2024
Pablo Rodriguez
Minister of Transport
Interim Order No. 2 Respecting the Discharge of Sewage and the Release of Greywater by Cruise Ships in Canadian Waters
Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
- biochemical oxygen demand
- has the same meaning as in subsection 97(1) of the Regulations. (demande biochimique en oxygène)
- cruise ship
- means any passenger vessel, other than a ferry vessel, whose passengers are scheduled to be on board for 24 hours or more and that is both
- (a) certified to carry more than 100 persons, as indicated on the safety certificate for passenger vessels issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government; and
- (b) equipped with berths or cabins for overnight travel by passengers. (navire de croisière)
- fast ice
- has the same meaning as in section 12 of the Arctic Shipping Safety and Pollution Prevention Regulations. (banquise côtière)
- ferry vessel
- means any vessel, having provision for deck passengers and vehicles, that is operated on a schedule between two points over the most direct water route and that offers a public service of a type normally attributed to a bridge or tunnel. (transbordeur)
- greywater
- has the same meaning as in subsection 131.1(1) of the Regulations. (eaux grises)
- ice-shelf
- has the same meaning as in section 12 of the Arctic Shipping Safety and Pollution Prevention Regulations. (plateau de glace)
- moderate rate
- has the same meaning as in subsection 96(5) of the Regulations. (taux modéré)
- Regulations
- means the Vessel Pollution and Dangerous Chemicals Regulations. (Règlement)
- suspended solids
- has the same meaning as in subsection 97(1) of the Regulations. (matières solides en suspension)
Interpretation
(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.
Application
Canadian waters
2 (1) Subject to subsection (2), this Interim Order applies to cruise ships that are operating in Canadian waters.
Arctic waters
(2) Subsection 4(2) and sections 5 to 6 of this Interim Order do not apply to cruise ships when they are operating in arctic waters.
Prohibitions
Discharge of sewage
3 (1) A cruise ship and its authorized representative must not discharge sewage if the ship is three nautical miles or less from shore, an ice-shelf or fast ice.
Discharge at more than 3 to 12 nautical miles
(2) A cruise ship and its authorized representative must not discharge sewage if the ship is more than three but not more than 12 nautical miles from shore, an ice-shelf or fast ice unless
- (a) the discharge is passed through a marine sanitation device that meets the requirements of section 90 of the Regulations and the effluent has a fecal coliform count that is equal to or less than 14/100 mL;
- (b) the sewage does not contain any visible solids;
- (c) the discharge does not cause
- (i) a film or sheen to develop on the water,
- (ii) a discoloration of the water or its shorelines, or
- (iii) sewage sludge or an emulsion to be deposited beneath the surface of the water or on its shorelines;
- (d) the discharge is made as far as feasible from areas of ice concentration exceeding 1/10; and
- (e) in the case of a discharge made in arctic waters, it is made at a moderate rate while the cruise ship is en route at a speed of at least four knots.
Release of greywater
4 (1) A cruise ship and its authorized representative must not release greywater if the ship is three nautical miles or less from shore, an ice-shelf or fast ice.
Release at more than 3 to 12 nautical miles
(2) A cruise ship and its authorized representative must not release greywater if the ship is more than three but not more than 12 nautical miles from shore unless
- (a) the release is passed through a marine sanitation device that meets the requirements of section 90 of the Regulations and the effluent has a fecal coliform count that is equal to or less than 14/100 mL;
- (b) the release does not result in a deposit of solids in the water or leave a sheen on the water; and
- (c) the release does not cause a discoloration of the water or its shorelines or an emulsion to be deposited beneath the surface of the water or on its shorelines.
Exception
(3) Paragraph (2)(a) applies only to a cruise ship that, on the day this Interim Order takes effect, is equipped with an installation that allows for the treatment of greywater along with sewage using a marine sanitation device.
Exceptions
Geographical limitation
5 Subsections 3(1) and 4(1) do not apply to a cruise ship if
- (a) the distance between any shore is less than six nautical miles;
- (b) the cruise ship is not fitted with a holding tank that has an adequate volume, or holding tanks that have an adequate total volume, for the amount of sewage and greywater that could reasonably be expected to be produced during the ship’s intended voyage;
- (c) in the case of sewage, the requirements in subsection 3(2) are met; and
- (d) in the case of greywater, the requirements in subsection 4(2) are met.
Lack of adequate reception facility
6 Subsections 3(1) and 4(1) do not apply to a cruise ship if there is no onshore reception facility that is available and adequate for the purpose of receiving sewage and greywater in an environmentally safe manner during the ship’s intended voyage and
- (a) in the case of sewage, the requirements in subsection 3(2) are met; and
- (b) in the case of greywater, the requirements in subsection 4(2) are met.
Safety
7 This Interim Order does not apply in respect of a discharge of sewage or release of greywater that
- (a) is necessary for the purpose of saving lives, securing the safety of a vessel or preventing the immediate loss of a vessel; or
- (b) occurs as a result of an accident of navigation in which the cruise ship or its equipment is damaged, unless the accident occurs as a result of an action that is outside the ordinary practice of seafarers.
Reports
Discharge or release
8 (1) The authorized representative of a cruise ship must report the discharge or anticipated discharge of sewage or the release or anticipated release of greywater from the cruise ship if the discharge or release or anticipated discharge or anticipated release is authorized by section 7.
Report to marine safety inspector
(2) The representative must make the report to a marine safety inspector
- (a) as soon as a discharge or release occurs or is anticipated; or
- (b) as soon as feasible after a discharge or release occurs or is anticipated, if the representative is unable to make the report under paragraph (a) because they are involved in activities relating to
- (i) saving lives,
- (ii) securing the cruise ship’s safety or preventing its immediate loss,
- (iii) preventing or mitigating damage to the ship or its equipment, or
- (iv) preventing or mitigating damage to the environment.
Record book
9 (1) The authorized representative of a cruise ship must ensure that the circumstances of and reasons for any discharge or release made in accordance with subsection 3(2) or 4(2), or authorized by any of sections 5 to 7, or any other accidental discharge or release, is recorded in English or French without delay in a record book.
Entries
(2) The representative must
- (a) ensure that each entry that is recorded is signed by the officer in charge of the discharge or release; and
- (b) sign each page of the record book after the page is completed.
Record-keeping
(3) The cruise ship must keep the record book on board for two years after the day on which the last entry was made.
Official log book
(4) The record book may be part of the cruise ship’s official log book.
Operational Testing
Testing of effluent
10 (1) The authorized representative of a cruise ship that discharges sewage or releases greywater in accordance with subsections 3(2) or 4(2) must, if the Minister determines that it is necessary to do so in order to ascertain whether the effluent meets the specifications on the marine sanitation device’s certificate of type approval, ensure that samples of the effluent are tested in accordance with the Standard Methods to determine each of the following that is relevant to those specifications:
- (a) the fecal coliform count of the samples;
- (b) the total suspended solids content of the samples;
- (c) the biochemical oxygen demand of the samples; and
- (d) in the case of chlorine used as a disinfectant, the total residual chlorine content of the samples.
Exception
(2) Subsection (1) does not apply if the device is fitted with instrumentation that indicates the performance of the device by providing an automatic continuous record while the device is in operation of
- (a) the suspended matter;
- (b) the residual disinfectant content, in the case of disinfection by chlorine; and
- (c) the disinfection efficiency, in the case of disinfection by any other method.
Shipboard Documents
Certificates
11 A cruise ship must hold and keep on board
- (a) an International Sewage Pollution Prevention Certificate in the form set out in the appendix to Annex IV to MARPOL, if the ship
- (i) is a Canadian vessel and does not engage only on voyages in waters under Canadian jurisdiction, or
- (ii) is entitled to fly the flag of a foreign state that is a party to Annex IV to MARPOL;
- (b) a certificate of compliance certifying that the cruise ship meets the applicable requirements of Annex IV to MARPOL, if the cruise ship is entitled to fly the flag of a state that is not a party to that Annex; and
- (c) a certificate of type approval for a marine sanitation device referred to in subsection 93(2) of the Regulations if the cruise ship is fitted with the device in order to meet the requirements of subsections 3(2) or 4(2).
Records
12 Every cruise ship must keep on board for two years after the day on which the last entry was made an English or French version of
- (a) a record of the results of any tests required by subsection 10(1); or
- (b) the records required by subsection 10(2).
Coming into Force
June 10, 2024
13 This Interim Order comes into force on June 10, 2024.
DEPARTMENT OF TRANSPORT
PILOTAGE ACT
Interim Order No. 3 Respecting the Belledune Compulsory Pilotage Area
Whereas the Minister of Transport believes that the annexed Interim Order No. 3 Respecting the Belledune Compulsory Pilotage Area is required to deal with an urgent issue related to the provision of pilotage services that poses a significant risk to safety, human health or the environment;
And whereas the provisions of the annexed Interim Order may be contained in a regulation made under the Pilotage Act footnote g;
Therefore, the Minister of Transport makes the annexed Interim Order No. 3 Respecting the Belledune Compulsory Pilotage Area under subsection 52.2(1)footnote h of the Pilotage Act footnote a.
Ottawa, June 4, 2024
Pablo Rodriguez
Minister of Transport
Interim Order No. 3 Respecting the Belledune Compulsory Pilotage Area
Definition of Regulations
1 In this Interim Order, Regulations means the General Pilotage Regulations.
Compulsory pilotage area
2 The area consisting of all the navigable waters within an arc having a radius of two nautical miles measured from the breakwater light at Latitude 47°54.8′00″ N., Longitude 65°50.3′00″ W. is deemed to be described in Schedule 2 to the Regulations as the Belledune compulsory pilotage area within the Atlantic Pilotage Authority’s region.
Experience at sea — pilotage certificate
3 An applicant for a pilotage certificate for the Belledune compulsory pilotage area does not have to meet the additional experience at sea qualifications set out in subsection 22.22(1) of the Regulations if, within the two-year period immediately before the date of the application, they have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience.
Repeal
4 The Interim Order No. 2 Respecting the Belledune Compulsory Pilotage Area, made on June 7, 2023, is repealed.
DEPARTMENT OF TRANSPORT
PILOTAGE ACT
Interim Order No. 3 Respecting the Sheet Harbour Compulsory Pilotage Area
Whereas the Minister of Transport believes that the annexed Interim Order No. 3 Respecting the Sheet Harbour Compulsory Pilotage Area is required to deal with an urgent issue related to the provision of pilotage services that poses a significant risk to safety, human health or the environment;
And whereas the provisions of the annexed Interim Order may be contained in a regulation made under the Pilotage Act footnote g;
Therefore, the Minister of Transport makes the annexed Interim Order No. 3 Respecting the Sheet Harbour Compulsory Pilotage Area under subsection 52.2(1)footnote h of the Pilotage Act footnote a.
Ottawa, June 4, 2024
Pablo Rodriguez
Minister of Transport
Interim Order No. 3 Respecting the Sheet Harbour Compulsory Pilotage Area
Definition of Regulations
1 In this Interim Order, Regulations means the General Pilotage Regulations.
Compulsory pilotage area
2 The area consisting of all the navigable waters within a line drawn from a position at Latitude 44°50.75′00″ N., Longitude 62°32.2′00″ W., to Guilford Rock, thence to a position at Latitude 44°45.6′00″ N., Longitude 62°29.5′00″ W., thence to Western Shagroost Island, thence to Fishery Island, and thence to a position at Latitude 44°51.35′00″ N., Longitude 62°28.25′00″ W. is deemed to be described in Schedule 2 to the Regulations as the Sheet Harbour compulsory pilotage area within the Atlantic Pilotage Authority’s region.
Ships subject to compulsory pilotage
3 (1) Despite subsection 22.3(1) of the Regulations, only the following ships and classes of ships are subject to compulsory pilotage within the Sheet Harbour compulsory pilotage area:
- (a) ships of 170 m or more in length;
- (b) tankers; and
- (c) liquid natural gas carriers.
Ships not subject to compulsory pilotage
(2) However, the ships and classes of ships referred to in paragraphs 22.3(2)(a) to (f) of the Regulations are not subject to compulsory pilotage within the Sheet Harbour compulsory pilotage area.
Exception
(3) A ship referred to in paragraph 22.3(2)(b), (c), (d), (e) or (f) of the Regulations is subject to compulsory pilotage within the Sheet Harbour compulsory pilotage area if the Atlantic Pilotage Authority determines that the ship poses a risk to safe navigation for any of the following reasons:
- (a) the seaworthiness of the ship;
- (b) unusual conditions on board the ship;
- (c) operations being conducted by the ship; or
- (d) weather conditions, tides, currents or ice.
Experience at sea — pilotage certificate
4 An applicant for a pilotage certificate for the Sheet Harbour compulsory pilotage area does not have to meet the additional experience at sea qualifications set out in subsection 22.22(1) of the Regulations if, within the two-year period immediately before the date of the application, they have successfully completed a familiarization program that is established by the Atlantic Pilotage Authority and provides an equivalent degree of experience.
Repeal
5 The Interim Order No. 2 Respecting the Sheet Harbour Compulsory Pilotage Area, made on June 7, 2023, is repealed.
INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA
RADIOCOMMUNICATION ACT
Notice No. DGSO-002-24 — Release of CPC-3-24-01, Issue 2
The intent of this notice is to announce Innovation, Science and Economic Development Canada’s (ISED) upcoming release of Client Procedures Circular CPC 3-24-01 — Administrative Monetary Penalties (AMPs) Under the Radiocommunication Act — Guidance to Stakeholders, Issue 2. Issue 2 replaces Issue 1 of the document, dated April 2015.
CPC 3-24-01 explains to Canadians how AMPs are used by ISED to encourage compliance with the regulatory requirements of the Radiocommunication Act. The document also provides guidance to stakeholders on responding to an AMP.
CPC 3-24-01, Issue 2, will take effect on September 2, 2024, and be published in the official publications section of the Spectrum Management and Telecommunications website.
Obtaining copies
All ISED publications related to spectrum management and telecommunications are available on the Spectrum Management and Telecommunications website.
June 22, 2024
Luc Delorme
Senior Director
Spectrum Management Operations Branch
INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA
RADIOCOMMUNICATION ACT
Notice No. SPB-004-24 — Decision on the Licensing Process for Existing Licensees in the 24 and 38 GHz Bands and Considerations Related to the mmWave Auction
The intent of this notice is to announce the release of the document entitled SPB-004-24, Decision on the Licensing Process for Existing Licensees in the 24 and 38 GHz Bands and Considerations Related to the mmWave Auction, which sets out Innovation, Science and Economic Development Canada’s (ISED) decisions to renew eligible spectrum licences in the 24.25-24.45 GHz and 25.05-25.25 GHz (24 GHz) frequency bands and 38 GHz spectrum licences (37.6-40.0 GHz). The decision also details preliminary considerations for a future repurposing of the lower 26 GHz band as well as additional considerations related to the ongoing Consultation on a Policy and Licensing Framework for Spectrum in the 26, 28 and 38 GHz Bands.
This document is the result of the consultation process undertaken in SPB-002-23, Consultation on the Licence Renewal Process for the 24 GHz and 38 GHz Bands and Preliminary Consultation on Changes to the 24.25- 26.5 GHz Band.
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.
June 22, 2024
Chantal Davis
Senior Director
Spectrum Policy Branch
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 |
|---|---|---|
| Director | Bank of Canada | |
| Director | Canada Foundation for Sustainable Development Technology | |
| Director | Canada Infrastructure Bank | |
| Director | Canada Lands Company Limited | |
| Director | Canadian Air Transport Security Authority | |
| Director | Canadian Commercial Corporation | |
| Member | Canadian Institutes of Health Research | |
| President | Canadian Institutes of Health Research | |
| Chairperson | Canadian Museum for Human Rights | |
| President | Canadian Nuclear Safety Commission | |
| Director | Canadian Race Relations Foundation | |
| Director | Canadian Tourism Commission | |
| Chairperson | Canadian Transportation Accident Investigation and Safety Board | |
| Member | Copyright Board | |
| Director | Defence Construction (1951) Limited | |
| Executive Head | Employment Insurance Board of Appeal | |
| Member | Employment Insurance Board of Appeal | September 19, 2024 |
| Regional Coordinator | Employment Insurance Board of Appeal | September 19, 2024 |
| Director | Export Development Canada | |
| President | Export Development Canada | |
| Commissioner | Financial Consumer Agency of Canada | |
| Commissioner | First Nations Tax Commission | |
| Director (Federal) | Halifax Port Authority | |
| Deputy Chairperson and Member, Refugee Appeal Division | Immigration and Refugee Board | |
| Member | Independent Advisory Board on Eligibility for Journalism Tax Measures | |
| Vice-Chairperson | Independent Advisory Board on Eligibility for Journalism Tax Measures | |
| Chairperson | Laurentian Pilotage Authority | |
| Commissioner | Law Commission of Canada | |
| Parliamentary Librarian | Library of Parliament | |
| Chairperson | National Advisory Council on Poverty | |
| Member (Children’s Issues) | National Advisory Council on Poverty | |
| Member | National Arts Centre Corporation | |
| Chairperson | National Seniors Council | |
| Member | National Seniors Council | |
| Member | Natural Sciences and Engineering Research Council | |
| Member | Net-Zero Advisory Body | |
| Canadian Representative | North Atlantic Salmon Conservation Organization | |
| Director of Public Prosecutions | Office of the Director of Public Prosecutions | |
| Senate Ethics Officer | Office of the Senate Ethics Officer | |
| Administrator | Ship-source Oil Pollution Fund and Fund for Railway Accidents Involving Designated Goods | |
| Chief Statistician | Statistics Canada | |
| Chairperson | VIA Rail Canada Inc. |
SUPREME COURT OF CANADA
SUPREME COURT ACT
Commencement of sessions
Pursuant to section 32 of the Supreme Court Act, notice is hereby given that the upcoming three sessions of the Supreme Court of Canada, for the purpose of hearing and determining appeals in 2024 and 2025, shall commence on the following days:
Fall Session 2024
The Fall Session of the Supreme Court of Canada shall begin on Monday, October 7, 2024.
Winter Session 2025
The Winter Session of the Supreme Court of Canada shall begin on Monday, January 13, 2025.
Spring Session 2025
The Spring Session of the Supreme Court of Canada shall begin on Monday, April 14, 2025.
June 3, 2024
Chantal Carbonneau
Registrar