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Vol. 134, No. 15 — April 8, 2000
GOVERNMENT NOTICES
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT
Notice is hereby given that, pursuant to the provisions of Part VI of the Canadian Environmental Protection Act, Permit No. 4543-2-06009 is amended as follows:
3. Term of Permit: Permit is valid from April 15, 2000, to April 14, 2001.
K. G. HAMILTON
Environmental Protection
Atlantic Region
[15-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT
Notice is hereby given that, pursuant to the provisions of Part VI of the Canadian Environmental Protection Act, Permit No. 4543-2-06030 is approved.
1. Permittee: Department of Public Works and Government Services, Moncton, New Brunswick.
2. Type of Permit: To dump or load dredged material.
3. Term of Permit: Permit is valid from May 2, 2000, to May 1, 2001.
4. Loading Site(s): Pigeon Hill Gully from 47°53.15' N, 64° 29.80' W to 47°52.97'N, 64°30.47' W (NAD83), inner channel area and outer channel area as described by the drawing "Dredging Areas (January 2000)" submitted in support of the permit application.
5. Dump Site(s): Suction dredge with blow pipe, propeller wash, and dragging: 47°53.15' N, 64°29.80' W to 47°52.97' N, 64°30.47' W (NAD83), the inner channel area as described by the drawing "Dredging Areas (January 2000)" submitted in support of the permit application.
Suction dredge A: 47°53.00' N, 64°30.00' W (NAD83), outer channel dump site as described by the drawing "Dredging Areas (January 2000)" submitted in support of the permit application.
Suction dredge B: 47°53.04' N, 64°30.29' W (NAD83), inner channel dump site as described by the drawing "Dredging Areas (January 2000)" submitted in support of the permit application.
6. Route to Dump Site(s): Suction dredge and blow pipe: dredged material shall be pumped to sides of channel. Suction Dredge: via pipeline. Propeller wash: dredged material shall be pushed to the sides of the channel. Scallop drag: dredged material shall be dragged to sides of channel.
7. Equipment: Propeller wash equipment, scallop drag, suction dredge, blow pipe and pipeline.
8. Method of Dumping: Suction dredge and blow pipe: dredged material shall be pumped to sides of channel. Suction dredge: via pipeline. Propeller wash: dredged material shall be pushed to sides of channel. Scallop drag: dredged material shall be dragged to sides of channel.
9. Rate of Dumping: As required by normal operations.
10. Total Quantity to Be Dumped: Not to exceed 8 000 m3 place measure.
11. Material to Be Dumped: Dredged material consisting of sand.
12. Requirements and Restrictions:
12.1 It is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (Facsimile), adrian. macdonald@ec.gc.ca (Electronic mail) and Ms. Rachel Gautreau, Environmental Conservation Branch, Canadian Wildlife Service, Department of the Environment, Atlantic Region, (506) 364-5062 (Facsimile), rachel.gautreau@ec.gc.ca (Electronic mail), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall indicate the equipment to be used, contractor, contact for the contractor, and expected period of dredging.
12.2. A written report shall be submitted Mr. Adrian MacDonald, identified in 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of at each disposal site, the equipment used and the dates on which the loading and dumping activities occurred.
12.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. Proof of payment of the remaining balance of $1,880 for the fee shall be submitted to Mr. Adrian MacDonald, identified in 12.1, prior to November 2, 2000.
12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each dump site shall be submitted to Mr. Adrian MacDonald, identified in 12.1. The procedures shall be approved by the Department of the Environment prior the commencement of the first dredging operation to be conducted under this permit.
12.5. It is required that the Permittee admit any inspector designated pursuant to subsection 99(1) of the Canadian Environmental Protection Act to any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or ocean dumping referred to under this permit, at any reasonable time throughout the duration of this permit.
12.6. The Permittee shall notify in writing Mr. Marc Godin, Area Habitat Coordinator, Department of Fisheries and Oceans, P.O. Box 3420, Main Station, Tracadie-Sheila, New Brunswick E1X 1G5, (506) 395-3809 (Facsimile), at least 48 hours prior to the commencement of the first dredging operation.
12.7. The Permittee shall implement the relevant mitigative measures identified in Part D of "Environmental Screening Dredging Pigeon Hill Channel Entrance (January 2000)" submitted in support of the permit application.
12.8. A copy of this permit and documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are underway.
12.9. The dredging and ocean dumping authorized by this permit shall only be carried out by the Permittee or by any person with written approval from the Permittee.
12.10. The Permittee shall submit a copy of the written approval, by facsimile or electronic mail, to Mr. Adrian MacDonald, identified in 12.1, within 24 hours of approving another person to conduct the dredging and ocean dumping authorized by this permit.
K. G. HAMILTON
Environmental Protection
Atlantic Region
[15-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT
Notice is hereby given that, pursuant to the provisions of Part VI of the Canadian Environmental Protection Act, Permit No. 4543-2-06031 is approved.
1. Permittee: Department of Public Works and Government Services, Moncton, New Brunswick.
2. Type of Permit: To load or dump dredged material.
3. Term of Permit: Permit is valid from April 19, 2000, to April 18, 2001.
4. Loading Site(s): 47°18.00' N, 64°56.66' W to 47°17.38' N, 64°56.64' W (NAD83) Tabusintac Gully, as described in the drawing "Site Plan (Jan 2000)" submitted in support of the permit application.
5. Dump Site(s): Suction Dredge: 47°17.59' N, 64°57.00' W to 47°17.37' N, 64°56.85' W, as described by the drawing "Site Plan (Jan 2000)" submitted in support of the permit application. Propeller wash: 47°18.00' N, 64°56.66' W to 47°17.38 N, 64°56.64 W (NAD83) Tabusintac Gully, as described in the drawing "Site Plan (Jan 2000)" submitted in support of the permit application.
6. Route to Dump Site(s): Suction dredge: via pipeline. Propeller wash: dredged material shall be pushed to the sides of the channel.
7. Equipment: Suction dredge, pipeline and propeller wash equipment.
8. Method of Dumping: Suction dredge: via pipeline. Propeller wash: dredged material shall be pushed to the sides of the channel.
9. Rate of Dumping: As required by normal operations.
10. Total Quantity to be Dumped: Not to exceed 6 000 m3 place measure.
11. Material to be Dumped: Dredged material consisting of sand.
12. Requirements and Restrictions:
12.1. It is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (Facsimile), adrian. macdonald@ec.gc.ca (Electronic mail), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall indicate the equipment to be used, contractor, contact for the contractor, and expected period of dredging.
12.2. A written report shall be submitted to Mr. Adrian MacDonald, identified in 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of at each disposal site, the equipment used and the dates on which dredging activities occurred.
12.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. Proof of payment of the remaining balance of $1,410 for the fee shall be submitted to Mr. Adrian MacDonald, identified in 12.1, prior to October 19, 2000.
12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each dump shall be submitted to Mr. Adrian MacDonald, identified in 12.1. The procedures shall be approved by the Department of the Environment prior the commencement of the first dredging operation to be conducted under this permit.
12.5. It is required that the Permittee admit any inspector designated pursuant to subsection 99(1) of the Canadian Environmental Protection Act to any place, ship, aircraft, platform or structure directly related to the dredging or ocean dumping referred to under this permit, at any reasonable time throughout the duration of this permit.
12.6. The Permittee shall notify in writing Mr. Marc Godin, Area Habitat Coordinator, Department of Fisheries and Oceans, P.O. Box 3420, Main Station, Tracadie-Sheila, New Brunswick E1X 1G5, (506) 395-3809 (Facsimile), at least 48 hours prior to the commencement of the first dredging operation.
12.7. The Permittee shall implement the mitigative measures identified in Part D of "Environmental Screening Tabusintac Gully (McEachern's Point), Dredging (February 2000)" submitted in support of the permit application. Modifications to the mitigative measures shall be made only with the written approval of the Environmental Protection Branch, Department of the Environment.
12.8. A copy of this permit and documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are underway.
12.9. The dredging and ocean dumping authorized by this permit shall be carried out by the Permittee or by any person with written approval from the Permittee. Within 24 hours of authorizing approval to another person to conduct the dredging and ocean dumping authorized by this permit, the Permittee shall submit by facsimile a copy of the written approval to Mr. Adrian MacDonald, identified in 12.1.
K. G. HAMILTON
Environmental Protection
Atlantic Region
[15-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT
Notice is hereby given that, pursuant to the provisions of Part VI of the Canadian Environmental Protection Act, Permit No. 4543-2-06034 is approved.
1. Permittee: Department of Public Works and Government Services, Moncton, New Brunswick.
2. Type of Permit: To load or dump dredged material.
3. Term of Permit: Permit is valid from April 15, 2000, to April 14, 2001.
4. Loading Site(s): 46°40.38' N, 64o42.63' W, Cap-Lumière Channel, as described by the drawing "Site Plan" (February 2000) submitted in support of the permit application.
5. Dump Site(s): Suction dredge and land-based heavy equipment: 46°40.14' N, 64o42.67', as described by the drawing "Site Plan" (February 2000) submitted in support of the permit application. Propeller wash: 46°40.38' N, 64o42.63' W, sides of the navigation channel at an approximate depth of 2 m.
6. Route to Dump Site(s): Suction dredge: via pipeline. Land-based heavy equipment: via highway. Propeller wash: dredged material shall be pushed to the sides of the channel.
7. Equipment: Land-based heavy equipment, propeller wash equipment, suction dredge and pipeline.
8. Method of Dumping: Suction dredge: via pipeline. Land-based heavy equipment: end-dumping and spreading. Propeller wash: dredged material shall be pushed to the sides of the channel.
9. Rate of Dumping: As required by normal operations.
10. Total Quantity to be Dumped: Not to exceed 6 000 m3 place measure.
11. Material to be Dumped: Dredged material consisting of sand and seaweed.
12. Requirements and Restrictions:
12.1. It is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (Facsimile), adrian. macdonald@ec.gc.ca (Electronic mail), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall indicate the equipment to be used, contractor, contact for the contractor, and expected period of dredging.
12.2. A written report shall be submitted to Mr. Adrian MacDonald, identified in 12.1., within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of at each disposal site, the equipment used and the dates on which the loading and dumping activities occurred.
12.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. Proof of payment of the remaining balance of $1,410 for the fee shall be submitted to Mr. Adrian MacDonald, identified in 12.1., prior to October 15, 2000.
12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each dump shall be submitted to Mr. Adrian MacDonald, identified in 12.1. The procedures shall be approved by the Department of the Environment prior the commencement of the first dredging operation to be conducted under this permit.
12.5. t is required that the Permittee admit any inspector designated pursuant to subsection 99(1) of the Canadian Environmental Protection Act to any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or ocean dumping referred to under this permit, at any reasonable time throughout the duration of this permit.
12.6. The Permittee shall notify in writing Mr. Marc Godin, Area Habitat Coordinator, Department of Fisheries and Oceans, P.O. Box 3420, Main Station, Tracadie-Sheila, New Brunswick E1X 1G5, (506) 395-3809 (Facsimile), at least 48 hours prior to the commencement of the first dredging operation.
12.7. The Permittee shall implement the mitigative measures identified in Part D (Revised) of "Environmental Screening for Cap Lumière (Richibuctou Cape), Channel Dredging (February 2000)" submitted in support of the permit application. Modifications to the mitigative measures shall be made only with the written approval of Environmental Protection Branch, Department of the Environment.
12.8. A copy of this permit and documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are underway.
12.9. The dredging and ocean dumping authorized by this permit shall only be carried out by the Permittee or by any person with written approval from the Permittee. Within 24 hours of approving another person to conduct the dredging and ocean dumping authorized by this permit, the Permitee shall submit, by facsimile (902-426-3897), to Mr. Adrian MacDonald, identified in 12.1., a copy of the written approval.
K. G. HAMILTON
Environmental Protection
Atlantic Region
[15-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT
Notice is hereby given that, pursuant to the provisions of Part VI of the Canadian Environmental Protection Act, Permit No. 4543-2-06035 is approved.
1. Permittee: Department of Public Works and Government Services, Moncton, New Brunswick.
2. Type of Permit: To load or dump dredged material.
3. Term of Permit: Permit is valid from April 15, 2000, to April 14, 2001.
4. Loading Site(s): 46°34.97' N, 64°43.11' W (NAD83), entrance channel Chockpish, as described by the drawing "Sample Locations (Feb 2000)" submitted in support of the permit application.
5. Dump Site(s): Suction dredge: 46°34.84' N, 64°43.09' W, as described by the drawing "Proximity to Facilities (Feb 2000)" submitted in support of the permit application. Propeller wash: 46°34.97' N, 64°43.11' W, as described by the drawing "Sample Locations (Feb 2000)" submitted in support of the permit application.
6. Route to Dump Site(s): Suction dredge: via pipeline. Propeller wash: dredged material shall be pushed to the sides of the channel.
7. Equipment: Suction dredge, pipeline, and propeller wash equipment.
8. Method of Dumping: Suction dredge: via pipeline. Propeller wash: dredged material shall be pushed to the sides of the channel.
9. Rate of Dumping: As required by normal operations.
10. Total Quantity to be Dumped: Not to exceed 6 000 m3 place measure.
11. Material to be Dumped: Dredged material consisting of sand and seaweed.
12. Requirements and Restrictions:
12.1. It is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (Facsimile), adrian. macdonald@ec.gc.ca (Electronic mail), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall include the equipment to be used, contractor, contact for the contractor, and expected period of dredging.
12.2. A written report shall be submitted to Mr. Adrian MacDonald, identified in 12.1. within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of at each disposal site, the equipment used and the dates on which the loading and dumping activities occurred.
12.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. Proof of payment of the remaining balance of $1,410 for the fee shall be submitted to Mr. Adrian MacDonald, identified in 12.1., prior to October 15, 2000.
12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each dump site shall be submitted to Mr. Adrian MacDonald, identified in 12.1. The procedures shall be approved by the Department of the Environment prior the commencement of the first dredging operation to be conducted under this permit.
12.5. It is required that the Permittee admit any inspector designated pursuant to subsection 99(1) of the Canadian Environmental Protection Act to any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or ocean dumping referred to under this permit, at any reasonable time throughout the duration of this permit.
12.6. The Permittee shall notify in writing Mr. Marc Godin, Area Habitat Coordinator, Department of Fisheries and Oceans, P.O. Box 3420, Main Station, Tracadie-Sheila, New Brunswick E1X 1G5, (506) 395-3809 (Facsimile), at least 48 hours prior to the commencement of the first dredging operation.
12.7. The Permittee shall implement the mitigative measures identified in Part D of "Environmental Screening Report for Chockpish (Comté Ste Anne), Kent County, New Brunswick, Entrance Channel Dredging (March 2000)" submitted in support of the permit application. Modifications to the mitigative measures shall be made only with the written approval of Environmental Protection Branch, Environment Canada.
12.8. A copy of this permit and documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are underway.
12.9. The dredging and ocean dumping authorized by this permit shall only be carried out by the Permittee or by any person with written approval from the Permittee. Within 24 hours of approving another person to conduct the dredging and ocean dumping authorized by this permit, the Permitee shall submit by facsimile (902-426-3897) to Mr. Adrian MacDonald, identified in 12.1., a copy of the written approval.
K. G. HAMILTON
Environmental Protection
Atlantic Region
[15-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT
Notice is hereby given that, pursuant to the provisions of Part VI of the Canadian Environmental Protection Act, Permit No. 4543-2-06036 is approved.
1. Permittee: Department of Public Works and Government Services, Charlottetown, Prince Edward Island.
2. Type of Permit: To dump or load dredged material.
3. Term of Permit: Permit is valid from April 15 to December 31, 2000.
4. Loading Site(s): From 46°33.63' N, 63°41.05' W, entrance channel to Darnley Basin, as described by the drawing "Dredging and Disposal Areas (02-23-2000)" submitted in support of the permit application.
5. Dump Site(s): 46°33.66' N, 63°40.96' W, Darnley Basin Channel, as described by the drawing "Dredging and Disposal Areas (02-23-2000)" submitted in support of the permit application.
6. Route to Dump Site(s): Suction dredge: via pipeline.
7. Equipment: Suction dredge and pipeline.
8. Method of Dumping: Suction dredge: via pipeline.
9. Rate of Dumping: As required by normal operations.
10. Total Quantity to Be Dumped: Not to exceed 12 000 m3 place measure.
11. Material to Be Dumped: Dredged material consisting of sand.
12. Requirements and Restrictions:
12.1 It is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 426-3897 (Facsimile), adrian. macdonald@ec.gc.ca (Electronic mail) at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site. The notification shall include the equipment to be used, contractor, contact for the contractor, and expected period of dredging.
12.2. A written report shall be submitted to Mr. Adrian MacDonald, identified in 12.1, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: the quantity and type of material disposed of at each disposal site, the equipment used and the dates on which the loading and dumping activities occurred.
12.3. The fee prescribed by the Ocean Dumping Permit Fee Regulations (Site Monitoring) shall be paid by the Permittee in accordance with those Regulations. Proof of payment of the remaining balance of $2,820 for the fee shall be submitted to Mr. Adrian MacDonald, identified in 12.1, prior to August 22, 2000.
12.4. Procedures to accurately measure or estimate quantities of dredged material disposed of at each dump site shall be submitted to Mr. Adrian MacDonald, identified in 12.1. The procedures shall be approved by Environment Canada prior the commencement of the first dredging operation to be conducted under this permit.
12.5. It is required that the Permittee admit any inspector designated pursuant to subsection 99(1) of the Canadian Environmental Protection Act to any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or ocean dumping referred to under this permit, at any reasonable time throughout the duration of this permit.
12.6. The Permittee shall notify in writing Mr. Leaming Murphy, Area Habitat Coordinator, Department of Fisheries and Oceans, P.O. Box 1236, Charlottetown, Prince Edward Island C1A 7M8, (902) 566-7848 (Facsimile), at least 48 hours prior to each occasion that dredging equipment is mobilized to the loading site.
12.7. The Permittee shall implement the mitigative measures identified in Part G (Revised March 30, 2000) of the "Canadian Environmental Assessment Act Screening Report for Malpeque Harbour Channel Dredging and Ocean Disposal (February 23, 2000)" submitted in support of the permit application. Modifications to the mitigative measures shall be made only with the written approval of Environmental Protection Branch, Environment Canada.
12.8. A copy of this permit and documents and drawings referenced in this permit shall be available on-site at all times when dredging operations are underway.
12.9. The dredging and ocean dumping authorized by this permit shall only be carried out by the Permittee or with written approval from the Permittee.
K. G. HAMILTON
Environmental Protection
Atlantic Region
[15-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT
Notice is hereby given that, pursuant to the provisions of Part VI of the Canadian Environmental Protection Act, Permit No. 4543-2-06048 is approved.
1. Permittee: Daniel Bourgeois, Grand Étang, Inverness County, Cheticamp, Nova Scotia.
2. Type of Permit: To dump or load fish processing wastes and viscera.
3. Term of Permit: Permit is valid from April 15, 2000, to April 14, 2001.
4. Loading Site(s): Cheticamp, Nova Scotia., 46°38.00' N, 61°00.50' W.
5. Dump Site(s): 46°40.00' N, 61°03.80' W, at an approximate depth of 55 m.
6. Route to Dump Site(s): Most direct navigational route from the loading site to the dump site.
7. Equipment: Vessels, barges or other floating equipment complying with all applicable rules regarding safety and navigation and capable of containing all waste cargo during loading and transit to the approved dump site.
8. Method of Dumping: Crab carapaces and viscera shall be dumped over the side of the vessel. All dumping must occur within 200 m of the dump site centre, located at 46°40.00' N, 61°03.80' W.
9. Rate of Dumping: As required by normal operations.
10. Total Quantity to Be Dumped: Not to exceed 225 tonnes.
11. Material to Be Dumped: Fish processing wastes consisting of the shells and viscera of lobster, crab and shrimp, and the offal of herring, cod, mackerel, sole and other groundfish offal.
12. Requirements and Restrictions:
12.1. It is required that the Permittee notify in writing, by facsimile or electronic mail, Mr. Adrian MacDonald, Environmental Protection Branch, Department of the Environment, Atlantic Region, Queen Square, 4th Floor, 45 Alderney Drive, Dartmouth, Nova Scotia B2Y 2N6, (902) 490-0734 (Facsimile), adrian. macdonald@ec. gc.ca (Electronic mail), at least 48 hours prior to the start of operations to be conducted under this permit.
12.2. A written report shall be submitted on a monthly basis to Mr. Adrian MacDonald, identified in 12.1. This report shall contain the following information: the quantity and type of material disposed of pursuant to the permit and the dates on which the dumping activities occurred.
12.3. It is required that the Permittee admit any inspector designated pursuant to subsection 99(1) of the Canadian Environmental Protection Act, to any place, ship, aircraft, platform or anthropogenic structure directly related to the loading or ocean dumping referred to under this permit, at any reasonable time throughout the duration of this permit.
12.4. The permittee shall notify in writing, Mr. Charles MacInnis, Department of Fisheries and Oceans, 131 Church Street, Antigonish, Nova Scotia B2G 2E3, (902) 863-5818 (Facsimile), at least 48 hours prior to the commencement of the first dumping operation to be conducted under this permit.
12.5. The dumping of fish processing wastes that Environment Canada determines should be diverted to an Inverness County composting facility is prohibited.
12.6. Fish processing wastes loaded for the purpose of ocean dumping may not be held aboard any vessel for more than 96 hours without the written consent of an inspector designated under the Canadian Environmental Protection Act.
12.7. Except during direct loading operations, all fish processing wastes must be covered in a manner suitable to prevent excessive drying, to reduce generation and release of odour and to prevent access by gulls.
12.8. All fish processing wastes must be securely contained within a hold or other suitable container and in no case may fish processing wastes be carried or stored loose on deck.
12.9. Any vessel operating under authority of this permit must carry and display a radar-reflecting device at all times mounted on the highest practical location.
12.10. All loading must be conducted in such a manner that no material enters the marine environment.
12.11. Any vessel operating under authority of this permit must carry on board a copy of the permit. Each copy must bear an original signature of the Permittee.
12.12. Records of all loading operations and all dumping operations shall be kept with the vessel at all times and shall be available for inspection by any inspector designated pursuant to subsection 99(1) of the Canadian Environmental Protection Act. These records will be submitted in partial fulfilment of reporting provisions required in section 12.2. of this permit. The records will be maintained in a format provided by Environment Canada.
12.13. The Permittee shall, in cooperation with Environment Canada, monitor the short-term fate of the fish processing wastes at the dump site.
12.14. The loading or dumping referred to under this permit shall not be carried out without written authorization from the Permittee.
K. G. HAMILTON
Environmental Protection
Atlantic Region
[15-1-o]
DEPARTMENT OF FISHERIES AND OCEANS
CANADA SHIPPING ACT
Statement by the Minister of Fisheries and Oceans Regarding the Bulk Oil Cargo Fees Established by Western Canada Marine Response Corporation
Whereas, pursuant to subsection 660.4(1)(see footnote 1) of the Canada Shipping Act(see footnote 2) (Act), Western Canada Marine Response Corporation has been designated as a response organization since October, 1995;
Whereas, pursuant to subsection 660.4(3)(see footnote 3) of the Act(see footnote 4), the Minister caused a list of the amended bulk oil cargo fees proposed by Western Canada Marine Response Corporation to be published in the Canada Gazette, Part I, on January 22, 2000;
Whereas, pursuant to subsection 660.4(4)(see footnote 5) of the Act(see footnote 6), no notices of objection were filed with respect to the amended bulk oil cargo fees proposed by Western Canada Marine Response Corporation;
Whereas, the Minister has given full and proper consideration to all relevant information before him;
And whereas, the Minister of Fisheries and Oceans, pursuant to subsection 660.4(8)(see footnote 7) of the Act(see footnote 8), approved the annexed fees;
Therefore, the Minister of Fisheries and Oceans, pursuant to subsection 660.4(8)(see footnote 9) of the Act(see footnote 10), hereby causes the annexed fees established by Western Canada Marine Response Corporation to be published.
HERB DHALIWAL
Minister of Fisheries and Oceans
LIST OF THE BULK OIL CARGO FEES ESTABLISHED BY WESTERN CANADA MARINE RESPONSE CORPORATION
DEFINITIONS
1. In this List:
"Act" means the Canada Shipping Act. (Loi)
"asphalt" means a derivate of oil that is commercially described as road or paving asphalt or unblended roofers flux, that has a specific gravity equal to or greater than one, that is solid at 15 degrees Celsius and that sinks to the bottom as a solid when immersed in water. (asphalte)
"BOCF" means bulk oil cargo fee. (droits sur les produits pétroliers en vrac (DCPV))
"designated oil handling facility" means an oil handling facility that is designated pursuant to subsection 660.2(8) of the Act and is located in WCMRC's geographic area. (installation de manutention d'hydrocarbures agréée)
"ship" means a ship within the meaning of section 660.2 of the Act. (navire)
"ship (bulk oil)" means a ship that is constructed or adapted primarily to carry bulk oil in its cargo spaces. (navire (avec produits pétroliers en vrac))
"WCMRC" means Western Canada Marine Response Corporation. (WCMRC)
"WCMRC's geographic area" means the geographic area of response for which WCMRC was issued a certificate of designation. (zone géographique de WCMRC)
BULK OIL CARGO FEES
2. Effective February 1, 2000, the bulk oil cargo fees that are established by WCMRC, and that are payable to WCMRC in relation to an arrangement required by paragraphs 660.2(2)(b) and 4(b) of the Act are the bulk oil cargo fees set out in Part I of this List.
3. Nothing in this List is intended to modify, replace or amend the registration fees established by, and payable to, WCMRC and published in the August 21, 1999 edition of the Canada Gazette, Part I.
PART I
4. This part applies to the loading and unloading of oil within WCMRC's geographic area.
5. In relation to an arrangement with WCMRC, the total BOCF payable by a designated oil handling facility shall be determined by multiplying the total number of tonnes of bulk oil unloaded and (in the case of bulk oil intended for international destinations and destinations north of 60° N latitude) loaded at the designated oil handling facility, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part.
6. In relation to an arrangement with WCMRC, the total BOCF payable by a ship (bulk oil) shall be determined:
(a) in the case of bulk oil loaded onto the ship (bulk oil) and intended for international destinations and destinations north of 60° N latitude, by multiplying the total number of tonnes of bulk oil loaded at an oil handling facility that is within WCMRC's geographic area, and that does not have an arrangement with WCMRC, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part;
(b) in the case of bulk oil unloaded from the ship (bulk oil), by multiplying the total number of tonnes of bulk oil unloaded at an oil handling facility that is within WCMRC's geographic area, and that does not have an arrangement with WCMRC, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part;
(c) in the case of bulk oil loaded onto the ship (bulk oil) outside WCMRC's geographic area which is transferred within WCMRC's geographic area to another ship for use as fuel by such ship, by multiplying the total number of tonnes of bulk oil transferred, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part; and
(d) in the case of bulk oil received by the ship (bulk oil) within WCMRC's geographic area from another ship as cargo where such bulk oil is intended for international destinations and destinations north of 60° N latitude, by multiplying the total number of tonnes of bulk oil received, by the BOCF per tonne for each type of oil set out in sections 7 and 8 of this part.
7. The BOCF applicable in respect of oil (other than asphalt) is eighty-eight and eight-tenths cents (88.8¢) per tonne, plus all applicable taxes.
8. The BOCF applicable in respect of asphalt is forty-four and four-tenths cents (44.4¢) per tonne, plus all applicable taxes.
EXPLANATORY NOTE
The Canada Shipping Act (CSA) was amended in 1993 to enhance the environmental protection of all Canadian waters south of 60° N latitude through the establishment of industry-funded and managed Response Organizations (ROs) capable of mounting an oil spill response to a marine-based incident. The Minister of Fisheries and Oceans is responsible for certifying that ROs meet the required standards to be formally designated as a certified RO. The Canadian Coast Guard (CCG), of the Department of Fisheries and Oceans, fulfils this responsibility on behalf of the Minister. CCG also maintains responsibility for ensuring response in Canadian waters north of 60° N latitude.
In accordance with the provisions of the CSA, certain ships and oil handling facilities (OHFs) are required to have an oil spill preparedness arrangement with a certified RO for the provision of response in the event of an oil spill.
Four ROs, each capable of providing response to a 10 000-tonne oil spill within specified geographic areas of response, have been certified by CCG as follows:
— Atlantic Emergency Response Team (ALERT) Inc.
— Eastern Canada Response Corporation (ECRC)
— Point Tupper Marine Services Ltd. (PTMS)
— Western Canada Marine Response Corporation (WCMRC)
The CSA provides for the amendment of fees established by a certified RO at any time during its period of certification.
WCMRC's proposal to amend its bulk oil cargo fees was published by CCG, on behalf of the Minister, on January 22, 2000, in the Canada Gazette, Part I. The Minister approved these proposed fees, without amendment, by Order, on March 17, 2000. WCMRC established its fees in accordance with the Minister's Order on March 30, 2000. The bulk oil cargo fees which have been established by WCMRC, are the bulk oil cargo fees that are payable in relation to an arrangement with WCMRC.
For information regarding the Minister's Order, please contact: Ted Wallace, Senior Projects Officer, Canadian Coast Guard, Rescue, Safety and Environmental Response, 200 Kent Street, 5th Floor, Ottawa, Ontario K1A 0E6, (613) 993-0409 (Telephone), (613) 996-8902 (Facsimile), wallacet@dfo-mpo.gc.ca (Electronic mail).
For information regarding WCMRC and its fees, please contact: Mr. Martyn Green, President and General Manager, Western Canada Marine Response Corporation, P.O. Box 82070, Burnaby, British Columbia V5C 5P2, (604) 294-6001 (Telephone), (604) 294-6003 (Facsimile).
[15-1-o]
DEPARTMENT OF FISHERIES AND OCEANS
CANADA SHIPPING ACT
Statement by the Minister of Fisheries and Oceans Regarding the Registration Fees Established by Eastern Canada Response Corporation Ltd.
Whereas, pursuant to subsection 660.4(1)(see footnote 11) of the Canada Shipping Act(see footnote 12) (Act), Eastern Canada Response Corporation Ltd. has been designated as a response organization since November, 1995;
Whereas, pursuant to subsection 660.4(3)(see footnote 13) of the Act(see footnote 14), the Minister caused a list of the amended registration fees proposed by Eastern Canada Response Corporation Ltd. to be published in the Canada Gazette, Part I, on December 18, 1999;
Whereas, pursuant to subsection 660.4(4)(see footnote 15) of the Act(see footnote 16), no notices of objection were filed with respect to the amended registration fees proposed by Eastern Canada Response Corporation Ltd.;
Whereas, the Minister has given full and proper consideration to all relevant information before him;
And whereas, the Minister of Fisheries and Oceans, pursuant to subsection 660.4(8)(see footnote 17) of the Act(see footnote 18), approved the annexed fees;
Therefore, the Minister of Fisheries and Oceans, pursuant to subsection 660.4(8)(see footnote 19) of the Act(see footnote 20), hereby causes the annexed fees established by Eastern Canada Response Corporation Ltd. to be published.
HERB DHALIWAL
Minister of Fisheries and Oceans
LIST OF REGISTRATION FEES ESTABLISHED BY EASTERN CANADA RESPONSE CORPORATION LTD.
DEFINITIONS
1. In this List,
"Act" means the Canada Shipping Act. (Loi)
"Alert" means Atlantic Emergency Response Team (ALERT) Inc. (Alert)
"Alert's geographic area" means the geographic area of response for which Alert has been issued a certificate of designation. (zone géographique d'Alert)
"ECRC" means Eastern Canada Response Corporation Ltd., a company formed as a result of the amalgamation of Eastern Canada Response Corporation Ltd., Great Lakes Response Corporation of Canada and Canadian Marine Response Management Corporation, effective January 1, 1999. (SIMEC)
"ECRC's geographic area" means the geographic area of response for which ECRC has been issued a certificate of designation. (zone géographique de SIMEC)
"Home port" means the port, within ECRC's geographic area, at which the ship is based and from which the ship engages in marine activity in Canada. (port d'attache)
"PTMS" means Point Tupper Marine Services Limited. (SPTM)
"PTMS' geographic area" means the geographic area of response for which PTMS has been issued a certificate of designation. (zone géographique de SPTM)
"ship" means a ship within the meaning of section 660.2 of the Act. (navire)
REGISTRATION FEES
2. Effective May 1, 2000, the annual registration fees that are established by ECRC, and that are payable to ECRC in relation to an arrangement required by paragraph 660.2(2)(b) of the Act are the registration fees set out in Part I of this List.
3. Nothing in this List is intended to modify, replace or amend the bulk oil cargo fees established by, and payable to, ECRC and published in the October 30, 1999 edition of the Canada Gazette, Part I.
PART I
4. The annual registration fee for a ship that navigates or engages in a marine activity within a 500 kilometer radius from its home port and within ECRC's geographic area is four hundred and fifty dollars ($450) plus all applicable taxes.
5. The annual registration fee for a ship that navigates or engages in a marine activity:
(a) beyond a 500 kilometre radius from its home port, and within ECRC's geographic area, Alert's geographic area or PTMS' geographic area; or
(b) from a port not within ECRC's geographic area, and within ECRC's geographic area, Alert's geographic area or PTMS' geographic area,
is seven hundred and fifty dollars ($750) plus all applicable taxes.
EXPLANATORY NOTE
The Canada Shipping Act (CSA) was amended in 1993 to enhance the environmental protection of all Canadian waters south of 60° N latitude through the establishment of industry-funded and managed Response Organizations (ROs) capable of mounting an oil spill response to a marine-based incident. The Minister of Fisheries and Oceans is responsible for certifying that ROs meet the required standards to be formally designated as a certified RO. The Canadian Coast Guard (CCG), of the Department of Fisheries and Oceans, fulfils this responsibility on behalf of the Minister. CCG also maintains responsibility for ensuring response in Canadian waters north of 60° N latitude.
In accordance with the provisions of the CSA, certain ships and oil handling facilities (OHFs) are required to have an oil spill preparedness arrangement with a certified RO for the provision of response in the event of an oil spill.
Four ROs, each capable of providing response to a 10 000-tonne oil spill within specified geographic areas of response, have been certified by CCG as follows:
— Atlantic Emergency Response Team (ALERT) Inc.
— Eastern Canada Response Corporation (ECRC)
— Point Tupper Marine Services Ltd. (PTMS)
— Western Canada Marine Response Corporation (WCMRC)
The CSA provides for the amendment of fees established by a certified RO at any time during its period of certification.
ECRC's proposal to amend its registration fees was published by CCG, on behalf of the Minister, on December 18, 1999 in the Canada Gazette, Part I. The Minister approved these proposed fees, without amendment, by Order, on March 13, 2000. ECRC established its fees in accordance with the Minister's Order on March 23, 2000. The registration fees which have been established by ECRC, are the registration fees that are payable in relation to an arrangement with ECRC.
For information regarding the Minister's Order, please contact: Ted Wallace, Senior Projects Officer, Canadian Coast Guard, Rescue, Safety and Environmental Response, 200 Kent Street, 5th Floor, Ottawa, Ontario K1A 0E6, (613) 993-0409 (Telephone), (613) 996-8902 (Facsimile), wallacet@dfo-mpo.gc.ca (Electronic mail).
For information regarding ECRC and its fees, please contact: Mr. Paul Pouliotte, Chief Financial Officer, Eastern Canada Response Corporation, 275 Slater Street, Suite 1201, Ottawa, Ontario K1P 5H9, (613) 230-7369 (Telephone), (613) 230-7344 (Facsimile), http://www.ecrc.ca (Web site).
[15-1-o]
DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Appointments
| Name and Position | Order in Council |
|---|---|
| Auditor General of Canada | |
| The Federal Bridge Corporation Limited | 2000-323 |
| Queens Quay West Land Corporation | 2000-327 |
| Auditor | |
| Bouchard, Jean | 2000-263 |
| Superior Court for the District of Quebec in the Province of Quebec | |
| Puisne Judge | |
| Bowman, The Hon./L'hon. Donald G. H. | 2000-259 |
| Tax Court of Canada | |
| Associate Chief Judge | |
| Cameron, The Hon./L'hon. Stuart J. | 2000-321 |
| Government of Saskatchewan | |
| Administrator | |
| March 20 to April 1, 2000 | |
| Canada Marine Act | |
| Port Authority | |
| Directors | |
| Doyle, Kevin B. — Vancouver | 2000-254 |
| Elkas, Samuel — Montréal | 2000-253 |
| Canada Pension Plan | |
| Review Tribunal | |
| Members | |
| Elliott, Margaret Ann — St. Catharines | 2000-338 |
| Jago, Mary Louise — Prince George | 2000-336 |
| Moonen, Fred Hubert — Vancouver | 2000-337 |
| Clark, C. Scott | 2000-310 |
| Privy Council Office | |
| Senior Advisor | |
| Cochrane, Janice | 2000-313 |
| Canadian Centre for Management Development | |
| Governor | |
| Communications Security Establishment Commissioner | 2000-304 |
| Commissioners to Administer Oaths | |
| Alain, Ann | |
| Weeks, Joanne | |
| Corbeil, Michel | 2000-315 |
| International Centre for Human Rights and Democratic Development | |
| Director of the Board of Directors | |
| Coyne, Deborah M. R. | 2000-252 |
| Immigration and Refugee Board | |
| Full-time Member | |
| Department of Industry | 2000-302 |
| Bankruptcy Districts | |
| Official Receivers | |
| Bilodeau, Pascal | |
| Holland, Tamara | |
| Laliberté, Cécile | |
| Dicerni, Richard | 2000-265 |
| Canadian Centre for Management Development | |
| Governor of the Board of Governors | |
| Employment Insurance Act | |
| Chairpersons of the Boards of Referees | |
| Alberta | |
| Berghofer, Judy — Edmonton | 2000-334 |
| Uzwyshyn, Audrey — Edmonton | 2000-335 |
| Quebec | |
| Simard, Pascal — Rouyn-Noranda | 2000-333 |
| Gendreau, The Hon./L'hon. Paul-Arthur | 2000-276 |
| Government of Quebec | |
| Administrator | |
| Hansen, Glenna F. | 2000-328 |
| Northwest Territories | |
| Commissioner | |
| Harder, V. Peter | 2000-312 |
| Department of Industry | |
| Deputy Minister | |
| Heafey, Shirley | 2000-256 |
| Royal Canadian Mounted Police Public Complaints Commission | |
| Chairman | |
| Her Majesty's Court of Queen's Bench of Manitoba — Family Division | |
| Judges | |
| Aquila, The Hon./L'hon. Francesco | 2000-261 |
| Doyle, Robert B. | 2000-262 |
| Huband, The Hon./L'hon. Charles R. | 2000-320 |
| Government of Manitoba | |
| Administrator | |
| March 21 to 29, 2000 | |
| Hickman, The Hon./L'hon. T. Alexander | 2000-314 |
| Government of Newfoundland | |
| Administrator | |
| Irniq, Peter | 2000-257 |
| Commissioner of Nunavut | |
| Kavanagh, Judith | 2000-326 |
| Royal Canadian Mint | |
| Director of the Board of Directors | |
| Kippen, Kimberly Joy | 2000-322 |
| Canada Elections Act | |
| Returning Officer — Toronto Centre—Rosedale | |
| Legault, Leonard, H. J. | 2000-251 |
| International Joint Commission | |
| Commissioner | |
| LeSage, The Hon./L'hon. Patrick Joseph | 2000-288 |
| Government of Ontario | |
| Administrator | |
| March 12 to April 2, 2000 | |
| Levine, Naomi Z. | 2000-329 |
| Canadian Forces Grievance Board | |
| Part-time Member | |
| Lynch, Kevin | 2000-311 |
| Department of Finance | |
| Deputy Minister | |
| Macfarlane, The Hon./L'hon. Alan B. | 2000-287 |
| Government of British Columbia | |
| Administrator | |
| March 25 to 31, 2000 | |
| Monast, Michèle | 2000-264 |
| Superior Court for the District of Montréal in the Province of Quebec | |
| Puisne Judge | |
| Nicholls, Ross | 2000-255 |
| Defence Construction (1951) Limited | |
| President and Chief Executive Officer | |
| Phillips, Bruce | 2000-339 |
| Privacy Commissioner | |
| Public Service Pension Advisory Committee | |
| Members | |
| Bean, Daryl | 2000-332 |
| Bruce, Verna | 2000-330 |
| Collette, Monique | 2000-330 |
| Emond, Robert M. | 2000-330 |
| French, Glynnis | 2000-330 |
| Giampietri, Susan | 2000-332 |
| Hindle, Steven J. | 2000-332 |
| Hosking, Merdon | 2000-332 |
| Krause, William E. | 2000-332 |
| Petrachenko, Donna | 2000-330 |
| Sjoquist, Captain | 2000-332 |
| Skinner, Melvern B. | 2000-330 |
| Soulière, Jean-Guy | 2000-331 |
| Rabinovitch, Victor | 2000-325 |
| Canadian Museum of Civilization | |
| Director | |
| Steel, The Hon./L'hon. Freda M. | 2000-260 |
| Court of Appeal for Manitoba | |
| Judge of Appeal | |
| Court of Queen's Bench of Manitoba | |
| Judge ex officio | |
| Stockdale, Alan | 2000-324 |
| Atlantic Pilotage Authority | |
| Member | |
| Tousignant, Henri | 2000-258 |
| Canadian Grain Commission | |
| Assistant Commissioner |
[15-1-o]
DEPARTMENT OF INDUSTRY
RADIOCOMMUNICATION ACT
Notice No. DGTP-005-00 — Proposed Changes to Existing Policies Respecting the Licensing of Microwave Radio Facilities
Purpose
The purpose of this consultation is to solicit public comment on the document, entitled Proposed Changes to Existing Policies Respecting the Licensing of Microwave Radio Facilities. The document contains proposals to further liberalize existing policies pertaining to the establishment of microwave radio facilities in Canada.
Industry Canada believes it is timely to seek comments on the direction for liberalization.This initiative includes a review and proposals for amending the following microwave radio system policies (RPs):
— Microwave Licensing Policy Respecting Carriage of Program Signals to Broadcasting Undertakings (RP-015);
— Policy for Licensing Intercity Radio Facilities (RP-017);
— Radio Licensing Policy for Limited Area Radio Systems (RP-018).
Also, a proposal is presented to consolidate all three policies under a single policy framework pertaining to licensing microwave radio systems. The Department intends to ensure that the policy framework addresses the evolving needs of industry and consumers and aligns with the regulatory environment of promoting open competition in telecommunications and broadcasting distribution.
Industry Canada invites interested parties to provide their views and comments on the consultation paper issued through this notice. This document is available electronically on the Internet at the following address:
World Wide Web (WWW)
http://strategis.ic.gc.ca/spectrum
or can be obtained in hard copy, for a fee, from: Tyrell Press Ltd. Tyrell Press Ltd., 2714 Fenton Road, Gloucester, Ontario K1T 3T7, 1-800-267-4862 (Canada toll-free telephone), 1-800-574-0137 (United States toll-free telephone), (613) 822-0740 (Worldwide telephone), (613) 822-1089 (Facsimile); and DLS, St-Joseph Print Group Inc., 45 Sacré-Cœur Boulevard, Hull, Quebec J8X 1C6, (819) 779-4335 (Telephone), (819) 779-2833 (Facsimile).
Interested parties should submit their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to facilitate posting on the Department's Web site. Documents submitted should be sent with a note specifying the software, version number and operating system used. All comments should make reference to "Comments — Gazette Notice DGTP-005-00" and be sent to mw.policy@ic.gc.ca. Written submissions must be addressed to the Director General, Telecommunications Policy Branch, Industry Canada, 300 Slater Street, Ottawa, Ontario K1A 0C8. They must cite the Canada Gazette, Part I, the publication date, the title and the Notice reference number (DGTP-005-00).
To ensure that all comments are duly considered, submissions must be received no later than July 10, 2000. All comments will be posted on the Industry Canada spectrum Web site (http://strategis.ic.gc.ca/spectrum) shortly after.
Shortly after the close of the comment period, all comments received will also be available in hard copy, for a fee, from: ByPress Printing and Copy Centre Inc., 300 Slater Street, Unit 101A, Ottawa, Ontario K1P 6A6, (613) 234-8826 (Telephone), (613) 234-9464 (Facsimile).
March 31, 2000
MICHAEL HELM
Director General
Telecommunications Policy Branch
[15-1-o]
DEPARTMENT OF JUSTICE
TREATY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF PERU ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
Signed in Ottawa on October 27, 1998 and in force on January 25, 2000.
The Government of Canada and the Government of the Republic of Peru, hereinafter referred to as the "Contracting Parties";
Desiring to improve mutual legal assistance in criminal matters and to cooperate more effectively in the investigation and prosecution, including trial and sentencing, of criminal matters,
Have agreed as follows;
PART I — GENERAL PROVISIONS
Article 1
Obligation to Provide Mutual Legal Assistance
(1) The Contracting Parties shall, in accordance with this Treaty, provide each other with the widest measure of mutual legal assistance in criminal matters.
(2) Mutual legal assistance is any assistance given by the Requested State in respect of investigations or proceedings in the Requesting State in a criminal matter, irrespective of whether the assistance is sought or to be provided by a court or some other authority.
(3) Criminal matters means, for the Republic of Peru, investigations and proceedings relating to any criminal offence created by penal law and, for Canada, investigations or proceedings relating to any offence created by Parliament or by the legislature of a province.
(4) Criminal matters includes investigations or proceedings relating to offenses concerning taxation, duties and customs.
(5) Assistance includes, particularly:
(a) locating persons and objects;
(b) taking evidence and obtaining statements;
(c) authorizing the presence of persons from the Requesting State at the execution of requests;
(d) providing documents, including bank documents, records, and other documentary evidence;
(e) providing information;
(f) providing objects, including lending exhibits;
(g) search and seizure;
(h) taking measures to locate, restrain and forfeit the proceeds of crime;
(i) serving documents;
(j) facilitating the appearance of witnesses or the assistance of persons in investigations;
(k) making detained persons available to give evidence or assist investigations; and
(l) providing other assistance consistent with the objects of this Treaty.
Article 2
Applicable Law
(1) Requests for assistance shall be executed promptly in accordance with the law of the Requested State and, insofar as not prohibited by that law, in the manner specified by the Requesting State.
(2) The Requested State shall, upon request, inform the Requesting State of the date and place of execution of the request for assistance.
(3) The Requested State shall not refuse to execute a request on the ground of bank secrecy.
Article 3
Refusal or Postponement of Assistance
(1) Legal Assistance may be refused where:
(a) the Requested State considers that execution of the request would prejudice the sovereignty, security, public order or other essential interests of the Requested State;
(b) the request refers to an offence considered by the Requested State to be a political offence or an offence of a purely military nature.
(2) Assistance may be postponed by the Requested State if execution of the request would interfere with an ongoing investigation or prosecution in the Requested State.
(3) The Requested State shall:
(a) promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a request for assistance, or to postpone execution, and shall give reasons for that decision;
(b) evaluate, prior to refusing or postponing the execution of a request, whether legal assistance may be provided under the conditions it deems necessary. These conditions shall, if accepted, be complied with by the Requesting State.
PART II — OBTAINING EVIDENCE
Article 4
Restriction of Use
The Requesting State shall not disclose or use information or evidence furnished for purposes other than those stated in the request without the prior consent of the Central Authority of the Requested State.
Article 5
Locating and Identifying Persons and Objects
The competent authorities of the Requested State shall make best efforts to ascertain the location and identity of persons and objects specified in the request.
Article 6
Taking Evidence in the Requested State
(1) A person requested to testify and produce documents, records or objects in the Requested State shall be compelled, if necessary, to appear and testify and produce such documents, records or objects, in accordance with the law of the Requested State.
(2) To the extent not prohibited by the law of the Requested State, officials of the Requesting State and other persons specified in the request shall be permitted to be present at the execution of the request and to participate in the proceedings in the Requested State.
(3) The right to participate in the proceedings in the Requested State shall include the right of any official of the Requesting State and other persons specified in the request, and present, to pose questions. The persons present at the execution of a request shall be permitted to make a verbatim record of the proceedings. The use of technical means to make such a verbatim record shall be permitted.
Article 7
Presence of Persons at the Execution of Requests
To the extent not prohibited by the law of the Requested State, persons specified in the request shall be permitted to be present at the execution of the request.
Article 8
Provision of Documents, Records and Objects
(1) The Requested State shall provide copies of publicly available information, documents and records of government departments and agencies.
(2) The Requested State may provide any information, documents, records and objects in the possession of a government department or agency, but not publicly available, to the same extent and under the same conditions as would be available to its own law enforcement and judicial authorities.
(3) The Requested State may provide certified true copies of documents or records, unless the Requesting State expressly requests originals.
(4) Original documents, records or objects provided to the Requesting State shall be returned to the Requested State as soon as possible, upon request.
(5) Insofar as not prohibited by the law of the Requested State, documents, records or objects shall be provided in a form or accompanied by such certification as may be specified by the Requesting State in order to make them admissible according to the law of the Requesting State.
Article 9
Provision of Criminal Records
Without limiting the provisions of Article 8, the Requested State shall, in accordance with law and upon request, provide records of the previous criminal convictions of a person.
Article 10
Search and Seizure
(1) The Requested State shall execute a request for a search and seizure.
(2) The competent authority that has executed a request for a search and seizure shall provide such information as may be required by the Requesting State concerning, but not limited to, the identity, condition, integrity and continuity of possession of the documents, records or objects seized and the circumstances of the seizure.
Article 11
Proceeds of Crime
(1) The Requested State shall, upon request, endeavour to ascertain whether any proceeds of a crime are located within its jurisdiction and shall notify the Requesting State of the results of its inquiries.
(2) When, pursuant to paragraph 1 of this Article, suspected proceeds of crime are found, the Requested State shall take such measures as are permitted by its law to restrain and forfeit these proceeds;
(3) Proceeds forfeited pursuant to this Treaty shall accrue to the Requested Party, unless specified in a separate agreement.
Article 12
Restitution and Fine Enforcement
The Requested State shall, to the extent permitted by its law, provide assistance concerning restitution to the victims of crime and the collection of fines imposed as a sentence in a criminal prosecution.
Article 13
Service of Documents
(1) The Requested State shall effect service of any document, including judicial documents, sent to it for this purpose by the Requesting State
(2) Service may be effected by personally delivering the document to the person. The Requested State shall, upon request, effect service in accordance with its law or in the manner specified in the request, provided that it is not prohibited by its law.
(3) The Requested State shall return a proof of service in the manner required by the Requesting State. Where service cannot be effected the Requested State shall promptly inform the Requesting State of the reason.
(4) The Requesting State shall transmit a request for the service of a document requesting the appearance of a person located in the Requested State in order that the document may reach this person within a reasonable period of time prior to the date set for appearance.
Article 14
Attendance of Persons Including Witnesses and Experts in the Requesting State
(1) Where the Requesting State requires the presence of a person to assist in an investigation or to appear as a witness including as an expert witness, in the Requesting State, it shall so indicate in the request.
(2) The Requested State shall encourage the person to appear. The Requested State shall promptly inform the Requesting State of the response of the person.
(3) The Requesting State shall bear the cost of the fees, travel expenses, and allowances payable to a person assisting an investigation or appearing as a witness, including as an expert witness, in the Requesting State pursuant to a request.
Article 15
Failure to Appear
A witness, including an expert witness, who does not comply with a request seeking that person's attendance in the Requesting State shall not be subjected to any sanction or measure of constraint in that state except when, subsequently, that person voluntarily enters the territory of the Requesting State and is then again duly ordered to appear.
Article 16
Safe Conduct
(1) Subject to Article 17(2), a person present in the Requesting State in response to a request shall not be prosecuted, detained or subjected to any other restriction of personal liberty in that State for any acts or omissions which preceded that person's departure from the Requested State, nor shall that person be obliged to give evidence in any proceeding other than that to which the request relates.
(2) Paragraph 1 of this Article shall cease to apply if a person, being free to leave the Requesting State, has not left within thirty days after receiving official notification that the person's attendance is no longer required or, having left, has voluntarily returned.
(3) A person who fails to appear in the Requesting State shall not be subjected to any sanction or compulsory measure in the Requested or Requesting State except as provided in Article 15.
Article 17
Temporary Transfer of Sentenced Persons in Custody
(1) Upon request, a person serving a sentence in the Requested State shall be temporarily transferred to the Requesting State to assist investigations or to testify, provided that the person consents.
(2) When the person transferred is required to be kept in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return the person in custody at the conclusion of the execution of the request.
(3) When the sentence imposed expires, or where the Requested State advises the Requesting State that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person present in the Requesting State pursuant to a request seeking that person's attendance.
PART III — PROCEDURE
Article 18
Central Authorities
(1) For the purposes of this Treaty, the Central Authority for Canada shall be the Minister of Justice or an official designated by that Minister and the Central Authority for the Republic of Peru shall be the Public Ministry of Peru.
(2) The Central Authorities shall transmit and receive requests for legal assistance and responses thereto under this Treaty.
(3) The Central Authorities of the contracting Parties shall communicate directly with one another.
Article 19
Confidentiality
(1) The Requested State may require, after consultation with the Requesting State, that information or evidence furnished or the source of such information or evidence be kept confidential or be disclosed or used only subject to such terms and conditions as it may specify.
(2) The Requesting State may require that the request, its contents, supporting documents and any action taken pursuant to the request be kept confidential. If the request cannot be executed without breaching the confidentiality requirement, the Requested State shall so inform the Requesting State prior to executing the request and the latter shall then determine whether the request should nevertheless be executed.
Article 20
Contents of Requests
(1) In all cases requests for assistance shall indicate:
(a) the competent authority conducting the investigation or proceedings to which the request relates;
(b) the nature of the investigation or proceedings, and include a summary of the facts and a copy of the applicable laws;
(c) the purpose of the request and the nature of the assistance sought;
(d) the degree of confidentiality required and the reasons therefor; and
(e) any time limit within which the request should be executed.
(2) In the following cases requests for assistance shall include:
(a) in the case of requests for the taking of evidence, search and seizure, or the location, restraint or forfeiture of proceeds of crime, a statement indicating the basis for belief that evidence or proceeds may be found in the Requested State;
(b) in the case of requests to take evidence from a person, an indication as to whether sworn or affirmed statements are required and a description of the subject matter of the evidence or statement sought;
(c) in the case of lending of exhibits, the current location of the exhibits in the Requested State and an indication of the person or class of persons who will have custody of the exhibits in the Requesting State, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(d) in the case of making detained persons available, an indication of the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person's return.
(3) If necessary and where possible requests for assistance shall include:
(a) the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor
(4) If the Requested State considers that the information is not sufficient to enable the request to be executed, it may request additional information.
(5) Requests shall be made in writing. In urgent circumstances, a request may be made orally but shall be confirmed in writing promptly thereafter.
Article 21
Execution of Requests
(1) The Central Authority of the Requested State shall, where the request conforms with the provisions of this Treaty, transmit the request to its competent authority.
(2) The Central Authority of the Requested State shall, where the request does not conform with the provisions of this treaty, inform the Central Authority of the Requesting State.
Article 22
Exemption from Authentication
Documents, records or objects transmitted or received pursuant to this Treaty shall not require any certification or authentication except as specified in Article 8.
Article 23
Language
(1) Requests made pursuant to this Treaty and supporting documents shall be in an official language of the Requested State.
(2) The Requested State shall submit documents and statements obtained in executing a request in the language in which they are produced in that State.
Article 24
Costs Involved in the Execution of Requests
(1) The Requested State shall meet the cost of executing the request for assistance, except that the Requesting State shall bear the following expenses:
(a) the expenses associated with conveying any person to or from the territory of the Requested State at the request of the Requesting State and any expenses payable to that person while in the Requesting or Requested State pursuant to a request under Articles 7, 14 or 17 of this Treaty;
(b) the expenses and fees of experts either in the Requested State or the Requesting State;
(c) the expenses of translation, interpretation and transcription.
(2) If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, the Contracting Parties shall consult to determine the terms and conditions under which the requested assistance can be provided.
PART IV — FINAL PROVISIONS
Article 25
Other Assistance
This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties arrangements or otherwise, or prevent the Contracting Parties from providing or continuing to provide assistance to each other pursuant to other treaties, arrangements or otherwise.
Article 26
Consultations
The Contracting Parties shall consult promptly, at the request of either Party, concerning the interpretation and the application of this Treaty.
Article 27
Entry Into Force and Termination
(1) This Treaty shall enter into force on the date on which the Contracting Parties have notified each other that their legal requirements have been complied with.
(2) This Treaty shall apply to any request presented after its entry into force even if the relevant acts or omissions occurred before that date.
(3) Either Contracting Party may terminate this Treaty. The termination shall take effect one year from the date on which it was notified to the other Contracting Party.
In witness thereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.
Done in two copies at Ottawa, this 27th day of October One thousand nine hundred and ninety-eight, in the English, French and Spanish languages, each version being equally authentic.
For the Government of the Canada
GRAEME CLARK
Ambassador of Canada
For the Government of the Republic of Peru
DR. JORGE BACA CAMPOTONICO
Minister of Economy and Finance
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DEPARTMENT OF JUSTICE
TREATY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE STATE OF ISRAEL ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS
Signed in Ottawa on October 25, 1999, and in force on March 16, 2000.
The Government of Canada and the Government of the State of Israel, (hereinafter referred to as the "Contracting Parties"),
Desiring to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through cooperation and mutual assistance in criminal matters,
Have agreed as follows:
Article 1
Scope of Assistance
1. The Contracting Parties shall, in accordance with this Treaty, grant each other the widest measure of mutual assistance in criminal matters.
2. Mutual assistance for the purpose of Paragraph 1 shall be any assistance, as defined in Paragraph 4, given by the Requested State in respect of investigations or proceedings in the Requesting State in a criminal matter.
3. Criminal matters for the purpose of Paragraph 1 mean, for Canada, investigations or proceedings relating to any offenses created by a law of Parliament or by the legislature of a province, and, for the State of Israel, investigations and proceedings relating to criminal offenses under the law of Israel.
4. Assistance shall include:
(a) locating persons and objects, including their identification;
(b) serving documents, including documents seeking the attendance of persons;
(c) providing information, documents and other records, including criminal records, judicial records and government records;
(d) delivering property, including lending of exhibits;
(e) taking evidence and obtaining statements of persons;
(f) executing requests for search and seizure;
(g) transferring detained persons and making other persons available to give evidence or assist investigations;
(h) taking measures to locate, restrain and forfeit the proceeds of crime; and
(i) providing other assistance consistent with the objects of this Treaty and not prohibited by the law of the Requested State.
Article 2
Execution of Requests
1. Requests for assistance shall be executed promptly in accordance with the law of the Requested State and, insofar as it is not prohibited by that law, in the manner requested by the Requesting State.
2. The Requested State shall, upon request, inform the Requesting State of the time and place of execution of the request for assistance.
Article 3
Refusal or Postponement of Assistance
1. Assistance may be refused if, in the opinion of the Requested State, the execution of the request would impair its sovereignty, security, public order or essential public interest or be unreasonable on other grounds.
2. Assistance may be postponed by the Requested State if execution of the request would interfere with an ongoing investigation or prosecution in the Requested State.
3. The Requested State shall promptly inform the Requesting State of a decision of the Requested State not to comply in whole or in part with a request for assistance, or to postpone execution, and shall give reasons for that decision.
4. Before refusing to grant a request for assistance or before postponing the grant of such assistance, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with them.
Article 4
Location or Identity of Persons and Objects
The competent authorities of the Requested State shall make best efforts to ascertain the location and identity of persons and objects specified in the request.
Article 5
Service of Documents
1. The Requested State shall serve documents transmitted to it for the purpose of service.
2. The Requesting State shall transmit a request for the service of a document pertaining to a response or appearance in the Requesting State within a reasonable time before the scheduled response or appearance.
3. The Requested State shall return a proof of service in the manner required by the Requesting State. If service cannot be effected, or cannot be effected in the manner specified, the Requesting State shall be so informed and shall be advised of the reasons.
4. Service of any subpoena or other process under Paragraph 1 shall not impose any obligation under the law of the Requested State to comply with it.
Article 6
Government Documents and Records
1. The Requested State shall provide copies of documents and records of government departments and agencies that are publicly available.
2. The Requested State may provide copies of any document, record or information in the possession of a government department or agency, but not publicly available, to the same extent and under the same conditions as would be available to its own law enforcement and judicial authorities. The Requested State may, in its discretion, deny a request pursuant to this Paragraph entirely or in part.
Article 7
Transmission of Documents and Objects
1. When the request for assistance concerns the transmission of records and documents, the Requested State may transmit certified true copies thereof, unless the Requesting State expressly requests the originals, in which case the Requested State shall make every effort to comply with the request.
2. The original records or documents or objects transmitted to the Requesting State shall be returned to the Requested State as soon as possible, upon the latter's request.
3. Insofar as not prohibited by the law of the Requested State, records, documents or objects shall be transmitted in a form or accompanied by such certification as may be requested by the Requesting State in order to make them admissible in evidence according to the law of the Requesting State.
Article 8
Presence of Persons Involved in the Proceedings in the Requested State
1. A person requested to testify and produce documents, records or other articles in the Requested State shall be compelled, if necessary by subpoena or order to appear and testify and produce such documents, records and other articles, in accordance with the requirements of the law of the Requested State.
2. The Requested State shall permit persons specified in the request, and concerned in the investigation or proceeding, to be present during the execution of a request for assistance, except in exceptional circumstances. The Requested State may allow such persons to question the person giving a statement or evidence, provided that they would be competent to do so in the Requesting State.
3. The persons present at the execution of a request shall be permitted to make a verbatim transcript of the proceedings. To the extent not prohibited by the law of the Requested State, and pursuant to permission by the Court or other appropriate authority, the use of technical means, including the use of audio or video recorders, shall be permitted for making such a verbatim transcript.
Article 9
Availability of Persons to Give Evidence or Assist Investigations in the Requesting State
When the Requesting State requests the appearance of a person in that State for the purpose of giving evidence or assisting in an investigation, the Requested State shall invite the person to appear before the appropriate authority in the Requesting State. The Requesting State shall indicate the extent to which the expenses will be paid. Such person shall be under no compulsion to accept such an invitation. The Central Authority of the Requested State shall promptly inform the Central Authority of the Requesting State of the response of the person.
Article 10
Search and Seizure
1. A request for search and seizure and delivery of any article shall be executed in accordance with the requirements of the law of the Requested State.
2. The competent authority that has executed a request for search and seizure shall provide such information as may be required by the Requesting State concerning, but not limited to, the identity, condition, integrity and continuity of possession of the documents, records or things seized and the circumstances of the seizure.
3. The Requesting State shall observe any conditions imposed by the Requested State in relation to any seized documents, records or things which may be delivered to the Requesting State.
4. No item seized shall be transferred to the Requesting State until that State has agreed to such terms and conditions as may be required by the Requested State, including protection of third party interests in the item to be transferred.
Article 11
Transfer of Detained Persons to Give Evidence or Assist Investigations
1. A person in the custody of the Requested State whose presence in the Requesting State is sought for the purpose of giving evidence or assisting investigations shall be temporarily transferred by the Requested State to the Requesting State for that purpose if the person consents and if the Central Authority of the Requested State agrees.
2. Where the person transferred is required to be kept in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return the person in custody at the conclusion of the execution of the request, unless otherwise agreed by both Central Authorities.
3. Where the sentence imposed expires, or where the Requested State advises the Requesting State that the transferred person is no longer required to be held in custody, that person may be expeditiously returned to the Requested State or be set at liberty and be treated as a person present in the Requesting State pursuant to a request seeking that person's attendance.
4. The Requesting State shall be responsible for making all necessary arrangements for the transit of transferred person through third countries.
Article 12
Safe Conduct
1. Subject to Article 11(2), a person present in the Requesting State in response to a request seeking that person's attendance shall not be prosecuted, detained or subjected to any other restriction of personal liberty in that State for any acts or omissions which preceded that person's departure from the Requested State, nor shall that person be obliged to give evidence in any proceeding other than the proceedings to which the request relates.
2. Paragraph 1 of this Article shall cease to apply if a person, being free to leave the Requesting State, has not left it within a period of thirty days after being officially notified that that person's attendance is no longer required, or having left that territory, has voluntarily returned.
3. Any person who fails to appear in the Requesting State may not be subject to any sanction or compulsory measure in the Requested State.
Article 13
Proceeds of Crime
1. The Requested State shall, upon request, endeavour to ascertain whether any proceeds of a crime are located within its jurisdiction and shall notify the Requesting State of the results of its inquiries. In making the request, the Requesting State shall notify the Requested State of the basis of its belief that such proceeds may be located in the latter's jurisdiction.
2. Where, pursuant to Paragraph 1 of this Article, suspected proceeds of crime are found, the Requested State shall take such measures as are permitted by its law to freeze, seize and confiscate such proceeds.
Article 14
Contents of Requests
1. In all cases requests for assistance shall include:
(a) the competent authority conducting the investigation or proceedings to which the request relates;
(b) a description of the nature of the investigation or proceedings, including a copy or summary of the relevant facts and laws;
(c) the purpose for which the request is made and the nature of the assistance sought;
(d) the need, if any, for confidentiality and the reasons therefor; and
(e) any time limit within which compliance with the request is desired.
2. Requests for assistance shall also contain the following information:
(a) where possible, the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings;
(b) where necessary, details of any particular procedure or requirement that the Requesting State wishes to be followed and the reasons therefor;
(c) in the case of requests for the taking of evidence or search and seizure, a statement indicating the basis for belief that evidence may be found in the jurisdiction of the Requested State;
(d) in the case of requests to take evidence from a person, a statement as to whether sworn or affirmed statements are required, and a description of the subject matter of the evidence or statement sought;
(e) in the case of lending of exhibits, the person or class of persons who will have custody of the exhibit, the place to which the exhibit is to be removed, any tests to be conducted and the date by which the exhibit will be returned;
(f) in the case of transferring detained persons to give evidence or assist investigations, the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person's return.
3. If the Requested State considers that the information contained in the request is not sufficient to enable the request to be dealt with, that State may request that additional details be furnished.
4. A request for assistance shall be in writing except that the Central Authority of the Requested State may, in its discretion, accept a request in another form in urgent situations. In such cases, the request shall be confirmed in writing within the time period determined by the Central Authority of the Requested State.
Article 15
Central Authorities
Central authorities shall transmit and receive all requests and responses thereto for the purposes of this Treaty. The Central Authority for Canada shall be the Minister of Justice or an official designated by that Minister. The Central Authority for Israel shall be the Minister of Justice or an official designated by that Minister.
Article 16
Confidentiality
1. The Requested State may request, after consultation with the Requesting State, that information or evidence furnished under this Treaty, or the source of such information or evidence, be kept confidential or be disclosed or used only subject to terms and conditions which the Requested State may specify. If the Requesting State accepts the information or evidence subject to such conditions, it shall comply with the conditions.
2. The Requested State shall, to the extent requested, keep the request for assistance, the contents of the request, supporting documents, the fact of granting such assistance, and any action taken pursuant to the request, confidential. If the request cannot be executed without breaching confidentiality, the Requested State shall so notify the Requesting State, which shall determine whether the request should nevertheless be executed.
Article 17
Limitation on Use
The Requesting State shall not disclose or use information or evidence furnished for purposes other that those stated in the request without the prior consent of the Central Authority of the Requested State.
Article 18
Authentication
Evidence or documents transmitted pursuant to this Treaty shall not require any form of authentication, save as is specified in Article 7.
Article 19
Language
1. Requests and supporting documents submitted to Canada shall be accompanied by a translation into English or French. Requests and supporting documents submitted to the State of Israel shall be accompanied by a translation into Hebrew.
2. The Requested State shall submit documents, statements, evidence and transcripts obtained in executing a request in the language in which they are produced in that State.
Article 20
Expenses
1. The Requested State shall meet the cost of executing the request for assistance, except that the Requesting State shall bear:
(a) the expenses associated with conveying any person to or from the territory of the Requested State at the request of the Requesting State, and any allowance or expenses payable to that person while in the Requesting State pursuant to a request under Articles 9 or 11 of this Treaty;
(b) the expenses and fees of experts either in the Requested State or the Requesting State;
(c) the expenses of translation, interpretation and transcription.
2. If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, the Contracting Parties shall consult to determine the terms and conditions under which the requested assistance can be provided.
Article 21
Other Assistance
This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties or arrangements, or prevent the Contracting Parties from providing, or continuing to provide, assistance to each other pursuant to other treaties or arrangements, provided such other assistance is not prohibited by the law of the Requested State.
Article 22
Consultations
The Contracting Parties shall consult promptly, at the request of either Party, concerning the interpretation, implementation or application of this Treaty, either generally or in relation to a particular request.
Article 23
Entry into Force and Termination
1. This Treaty shall enter into force on the date of the later of the Notes notifying the other Party that the requirements for entry into force of this Treaty have been complied with.
2. This Treaty shall apply to any requests presented after its entry into force even if the relevant acts or omissions occurred before that date.
3. This Treaty shall remain in force for an indefinite period of time until terminated by either Contracting Party giving six (6) months written notice of termination to the other Contracting Party through the diplomatic channel.
In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.
Done in duplicate at Ottawa on the 25th day of October 1999, corresponding to the 15th day of Heshvan, 5760, in the English, French and Hebrew languages, each version being equally authentic.
For the Government of Canada
A. ANNE MCLELLAN
Minister of Justice of Canada
For the Government of the State of Israel
YOSSI BEILIN
Minister of Justice of Israel
[15-1-o]
NOTICE OF VACANCIES
CANADIAN NUCLEAR SAFETY COMMISSION
President (Full-time Position) and Members (Part-time Positions)
Bill C-23 creates the Canadian Nuclear Safety Commission (CNSC) to replace the Atomic Energy Control Board. Individuals are invited to apply for the positions in anticipation of the establishment of the CNSC.
The CNSC will be a technically-oriented agency responsible for regulating the radiological health, safety, security and environmental aspects of the activities of more than 4 000 licensees engaged in uranium mining, nuclear power generation and in the industrial, medical and research applications of nuclear energy throughout Canada. The Commission will also be responsible for some aspects of Canada's international commitments regarding non-proliferation of nuclear weapons.
Location: Head office in Ottawa. The President must be prepared to relocate to the National Capital Region or to a location within reasonable commuting distance, while Members may reside anywhere in Canada.
Preference will be given to candidates who have a professional background in the public sector, business/or financial management, economics, engineering, environmental science, health and safety and/or law. A graduate degree in one of these disciplines would be a definite asset.
The successful candidates for all positions should demonstrate the ability to conduct public hearings and to make logical, comprehensive and unbiased decisions based on multi-disciplinary information. The selected candidates should have experience in the interpretation and application of legislation and regulatory requirements as well as sufficient knowledge of Canadian and foreign policies and current issues relevant to the nuclear industry. Experience in the operation and conduct of a regulatory agency would be desirable. Fairness, independence of mind, comfort with specialized terminology and concepts as well as an openness to new ideas are required.
In addition, the preferred candidate for the position of President should possess strong management skills gained through significant experience in a senior management capacity.
The chosen candidates must be Canadian citizens or permanent residents of Canada. They should be prepared to respect necessary confidentiality requirements and to travel regularly within Canada to attend hearings and meetings in support of the Commission's activities.
Proficiency in both official languages is a definite asset.
The selected candidates will be subject to the Conflict of Interest and Post-Employment Code for Public Office Holders. Before or upon assuming their official duties and responsibilities, public office holders appointed on a full-time basis must sign a document certifying that, as a condition of holding office, they will observe the Code. They must also submit to the Office of the Ethics Counsellor, within 60 days of appointment, a Confidential Report in which they disclose all of their assets, liabilities and outside activities. Public office holders appointed on a part-time basis are subject to the principles of the Code and to other compliance measures as may be determined by the head of their home organization. To obtain copies of the Code and Confidential Report, visit the Office of the Ethics Counsellor's Web site at http://strategis.ic.gc.ca/ethics.
This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for these positions. It is not, however, intended to be the sole means of recruitment. Applications forwarded through the Internet will not be considered for reasons of confidentiality.
Please send your curriculum vitae by May 8, 2000, to the Director of Appointments, Prime Minister's Office, Langevin Block, 80 Wellington Street, Ottawa, Ontario K1A 0A2, (613) 957-5743 (Facsimile). To facilitate administrative processes, please indicate the position you are applying for with the anticipated "Canadian Nuclear Safety Commission."
Further information is available on request.
Bilingual notices of vacancies will be produced in alternative format (i.e. audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Canada K1A 0S9, (819) 956-4800 or 1-800-635-7943.
[15-1-o]
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS
INSURANCE COMPANIES ACT
Sun Life Financial Services of Canada Inc.
Notice is hereby given that, pursuant to section 60(2) of the Insurance Companies Act, an order to commence and carry on business was issued approving the commencement and carrying on of business by Sun Life Financial Services of Canada Inc., effective March 22, 2000.
March 28, 2000
JOHN PALMER
Superintendent of Financial Institutions
[15-1-o]
S.C., 1993, c. 36, s. 6
R.S.C., 1985, c. S-9
S.C., 1993, c. 36, s. 6
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R.S.C., 1985, c. S-9
S.C., 1993, c. 36, s. 6
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S.C., 1993, c. 36, s. 6
R.S.C., 1985, c. S-9
S.C., 1993, c. 36, s. 6
R.S.C., 1985, c. S-9
S.C., 1993, c. 36, s. 6
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S.C., 1993, c. 36, s. 6
R.S.C., 1985, c. S-9
S.C., 1993, c. 36, s. 6
R.S.C., 1985, c. S-9
S.C., 1993, c. 36, s. 6
R.S.C., 1985, c. S-9
NOTICE:
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