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Vol. 141, No. 27 — July 7, 2007
GOVERNMENT NOTICES
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, the conditions of Permit No. 4543-2-03359 are amended as follows:
3. Term of Permit: Permit is valid from September 2, 2007, to September 1, 2008.
M. D. NASSICHUK
Environmental Stewardship
Pacific and Yukon Region
[27-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice is hereby given that, pursuant to the provisions of Part 7, Division 3, of the Canadian Environmental Protection Act, 1999, the conditions of Permit No. 4543-2-03414 are amended as follows:
9. Total Quantity to Be Disposed of: Not to exceed 690 000 m3.
M. D. NASSICHUK
Environmental Stewardship
Pacific and Yukon Region
[27-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2007-66-05-03 Amending the Non-domestic Substances List
The Minister of the Environment, pursuant to subsection 66(2) of the Canadian Environmental Protection Act, 1999 (see footnote a), hereby makes the annexed Order 2007-66-05-03 Amending the Non-domestic Substances List.
Ottawa, June 27, 2007
JOHN BAIRD
Minister of the Environment
ORDER 2007-66-05-03 AMENDING THE NON-DOMESTIC SUBSTANCES LIST
AMENDMENTS
1. Part I of the Non-domestic Substances List (see footnote 1) is amended by adding the following in numerical order:
| amendments 1 | amendments 2 | amendments 3 | amendments 4 |
|---|---|---|---|
| 106-28-5 | 221326-46-1 | 693217-63-9 | 852227-46-4 |
| 620-43-9 | 258342-84-6 | 718635-97-3 | 852246-52-7 |
| 1455-42-1 | 260058-67-1 | 722542-79-2 | 852246-54-9 |
| 1885-48-9 | 304857-98-5 | 722542-80-5 | 852246-55-0 |
| 17339-74-1 | 364066-32-0 | 748181-22-8 | 854937-65-8 |
| 25067-08-7 | 364066-33-1 | 754191-93-0 | 858944-25-9 |
| 25167-42-4 | 364066-66-0 | 764708-93-2 | 862602-56-0 |
| 31089-96-0 | 365454-68-8 | 773110-45-5 | 863132-14-3 |
| 32669-00-4 | 371113-62-1 | 780758-94-3 | 863311-85-7 |
| 52514-67-7 | 371113-63-2 | 793710-13-1 | 863782-35-8 |
| 53467-81-5 | 390770-72-6 | 800392-69-2 | 863987-21-7 |
| 57673-50-4 | 403983-11-9 | 800392-71-6 | 863987-67-1 |
| 63126-87-4 | 404576-27-8 | 807625-54-3 | 864530-39-2 |
| 67423-05-6 | 431040-31-2 | 807625-57-6 | 864530-44-9 |
| 67643-70-3 | 431062-72-5 | 807625-60-1 | 864530-46-1 |
| 72388-18-2 | 444085-42-1 | 807625-62-3 | 868078-85-7 |
| 91031-57-1 | 477218-42-1 | 807625-64-5 | 872139-72-5 |
| 91697-37-9 | 478556-66-0 | 807625-68-9 | 873784-42-0 |
| 94200-61-0 | 499781-63-4 | 807625-85-0 | 875140-51-5 |
| 104649-81-2 | 502165-56-2 | 807625-88-3 | 875140-54-8 |
| 122055-81-6 | 504395-86-2 | 807625-93-0 | 875140-58-2 |
| 132324-29-9 | 515136-48-8 | 807626-17-1 | 875140-59-3 |
| 141545-99-5 | 526218-21-3 | 812665-08-0 | 875140-64-0 |
| 150339-33-6 | 533909-64-7 | 832150-35-3 | 875141-40-5 |
| 157627-86-6 | 604757-48-4 | 841251-36-3 | 875141-41-6 |
| 177717-16-7 | 604757-49-5 | 848245-48-7 | 875141-56-3 |
| 181963-82-6 | 606130-87-4 | 848940-35-2 | 875142-72-6 |
| 189233-28-1 | 630102-86-2 | 849480-50-8 | 875144-17-5 |
| 189233-29-2 | 646996-15-8 | 849705-80-2 | 879196-97-1 |
| 201687-58-3 | 675847-76-4 | 850790-39-5 | 879197-39-4 |
| 207399-07-3 | 683748-01-8 | 851053-78-6 | 882495-31-0 |
| 215125-05-6 | 688045-21-8 | 852227-27-1 | 883111-87-3 |
2. (1) Part II of the List is amended by deleting the following:
| amendments 1 | amendments 2 |
|---|---|
| 17780-5 | Hexanedioic acid, polymer with butyl 2-methyl-2-propenoate, butyl 2-propenoate, 1,6-hexanediol, α-hydro-ω-hydroxypoly[oxy(methyl-1,2-ethanediyl)], 2-hydroxyethyl 2-methyl-2-propenoate, 1,1'-methylenebis[4-isocyanatobenzene], methyl 2-methyl-2-propenoate and 2-methyl-alkanedioic acid |
| Acide hexanedioïque polymérisé avec le 2-méthyl-2-propénoate de butyle, le 2-propénoate de butyle, l'hexane-1,6-diol, l'α-hydro-ω-hydroxypoly[oxy (méthyléthane-1,2-diyl)], le 2-méthyl-2-propénoate de 2-hydroxyéthyle, le 1,1'-méthylènebis[4-isocyanatobenzène], le 2-méthyl-2-propénoate de méthyle et l'acide 2-méthyl-alcanedioïque |
(2) Part II of the List is amended by adding the following in numerical order:
| amendments 1 | amendments 2 |
|---|---|
| 16068-3 | Urea,1,1'-(methylenedi-p-phenylene)bis[3-alkyl]- |
| 1,1'-(Méthylènedi-p-phénylène)bis[3-alkyl]urée | |
| 17811-0 | Substituted phosphonic acid with (aminoiminomethyl)urea |
| Acide substituéphosphonique avec une (aminoiminométhyl)urée | |
| 17814-3 | 1,4-Benzenedicarboxylic acid, dimethyl ester, polymer with polyalkylene glycol, methyl substituted benzoate and oxybis(alkanol), benzoate substituted benzoate |
| Benzène-1,4-dicarboxylate de diméthyle polymérisé avec le polyalkylèneglycol, un substituébenzoate de méthyle et l'oxybis(alcanol), substituébenzoate de benzoate | |
| 17815-4 | Dipyrrolo-diperimidine |
| Dipyrrolo-diperimidine | |
| 17816-5 | Siloxanes and Silicones, di-Me, 3-hydroxypropyl Me, [[(3-hydroxypropyl)dimethylsilyl]oxy]-terminated, terminated, alkoxylated |
| Siloxanes et silicones, diméthyl-, 3-hydroxypropyl méthyl-, {[(3-hydroxypropyl)diméthylsilyl]oxy}-terminé, terminé, alkoxylé | |
| 17817-6 | Phenol, 4,4'-(1-methylethylidene)bis-, polymer with (chloromethyl)oxirane, reaction products with polyetheylene-polypropylene glycol 2-aminopropyl Me ester, compounds with polyethylene glycol ether with 2,2'-[(9Z)-9-octadecenylimino]bis[ethanol] (2:1), polyethtylene glycol monoisotridecyl ether phosphate potassium salt and polypropylene glycol monobutyl ether phosphate potassium salt |
| 4,4'-(1-Méthyléthylidène)bisphénol polymérisé avec le (chlorométhyl)oxirane, produits de réaction avec le polyéthylène-polypropylèneglycol ester 2-aminopropylméthylique, composés avec le polyéthylèneglycol éther avec le 2,2'-[(9Z)-9-octadécénylimino]bis[éthanol] (2:1), éther monoisotridécylique de polyéthtylèneglycol sel de potassium phosphate et l'éther monobutylique de polypropylèneglycol sel de potassium phosphate |
|
| 17818-7 | Aliphatic alkyl diester of succinic acid |
| Diester aliphatiquealkylique de l'acide succinique |
COMING INTO FORCE
3. This Order comes into force on the day on which it is published in the Canada Gazette.
[27-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Waiver of information requirements for the manufacture or import of substances new to Canada
Notice is hereby given, pursuant to subsection 81(9) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), that the Minister of the Environment has granted, pursuant to subsection 81(8) of the CEPA 1999, waivers of information requirements on the manufacture or import of substances new to Canada.
| Company Name | Type of Waiver Granted |
|---|---|
| Afton Chemical Corp. | In vivo Mammalian Genotoxicity Test |
| Albermarle Corporation | Adsorption/Desorption Dissociation Constant(s) |
| Ashland Canada Corp. | n-Octanol Solubility or Octanol/Water Partition Coefficient Water Solubility at pH 1, 7 and 10 |
| Ciba Specialty Chemicals Canada Inc. | Hydrolysis as Function of pH In vivo Mammalian Genotoxicity Test |
| Ciba Specialty Chemicals Canada Inc. | In vivo Mammalian Genotoxicity Test |
| Clariant (Canada) Inc. | Hydrolysis as Function of pH Dissociation Constant(s) Adsorption/Desorption Fat Solubility Particle Size Distribution In vivo Mammalian Genotoxicity Test |
| Clariant (Canada) Inc. | Octanol/Water Partition Coefficient Hydrolysis as Function of pH |
| Firmenich of Canada Ltd. | Dissociation Constant(s) |
| ITOCHU Canada Ltd. | Hydrolysis as Function of pH |
| Purac America Inc. | Hydrolysis as Function of pH |
| Rhodia Canada Inc. | Water Solubility Fat Solubility Octanol/Water Partition Coefficient Adsorption/Desorption Dissociation Constant(s) |
| Rhodia Canada Inc. | Water Solubility n-Octanol Solubility or Octanol/Water Partition Coefficient |
| Rhodia Canada Inc. | Water Solubility n-Octanol Solubility or Octanol/Water Partition Coefficient |
| Rohm and Haas Canada LP | Density |
| The Lubrizol Corporation | Octanol/Water Partition Coefficient |
| Win Chemicals Ltd. | Vapour Pressure |
BERNARD MADÉ
Director
New Substances Division
On behalf of the Minister of the Environment
[27-1-o]
DEPARTMENT OF HEALTH
FOOD AND DRUGS ACT
Notice of Intent — Food and Drug Regulations — Project No. 1541 — Schedule F
This Notice of Intent (NOI) is to provide an opportunity to comment on the proposal to amend Part I of Schedule F to the Food and Drug Regulations to provide an exemption to allow non-prescription status for diclofenac and its salts when sold as a single medicinal ingredient in a concentration equivalent to 1% or less diclofenac in preparations for topical use on the skin.
Schedule F is a list of medicinal ingredients, the sale of which is controlled under sections C.01.041 to C.01.049 of the Food and Drug Regulations. Part I of Schedule F lists ingredients that require a prescription for human use and for veterinary use. Part II of Schedule F lists ingredients that require a prescription for human use, but do not require a prescription for veterinary use if so labelled or if in a form unsuitable for human use.
Description
Diclofenac and its salts is a non-steroidal anti-inflammatory analgesic drug (NSAID) that is available in Canada as a prescription drug to reduce inflammation and pain in conditions such as arthritis, acute injury and kidney stones. Prescription drug products containing diclofenac are available as oral dosage forms, suppositories and topical products containing more than 1% diclofenac.
Diclofenac as a 1% topical preparation is intended to be applied to the skin for the relief of pain due to muscle and joint injuries such as sprains, strains and sports injuries. Although there is currently no diclofenac 1% topical product on the market in Canada, it has been approved for marketing in over 100 countries world-wide since 1985.
A non-prescription 1% topical strength would provide a route and dose option to those who wish to use a topical treatment for the acute pain of a sprain or strain type injury to a muscle or joint. It is not intended for use in conjunction with oral pain medications but rather as a stand-alone treatment. The product labelling will address this condition of use. The use of a topical NSAID rather than an oral product is a valid consideration and approach to treating such localized complaints as it minimizes the side effects associated with systemic NSAIDs. The product should be applied three to four times a day. The duration of use should not exceed seven days of continuous treatment without consulting a practitioner.
Post-marketing experience indicates that the 1% dosage strength of diclofenac for topical use is not associated with significant adverse effects. There are no dose-related or age-related adverse effects and no special population is at risk. The likelihood of diclofenac use masking the symptoms of a serious condition is very low. In addition to its large safety margin, side effects are minor and transient in nature. The use of the non-prescription product in other countries has revealed no indication that the drug product poses generalized safety problems that would be incompatible with self-care use by Canadians.
Alternatives
The alternative option would be to leave diclofenac and its salts on Schedule F without any exemption for 1% or less concentrations for topical use on the skin. As measured against the factors for listing drugs on Schedule F, it has been determined that maintaining diclofenac and its salts on Schedule F without any exemption is not appropriate. The availability of a non-prescription 1% diclofenac for topical use would provide a treatment option for those suffering from pain associated with a muscle or joint injury.
Benefits and costs
The proposed amendment would impact on the following sectors:
- Public
The availability of diclofenac 1% as a non-prescription product would provide consumers with more convenient access to this topical treatment for muscle or joint injury.
Product labels would be required to include directions for use and applicable cautionary statements. This would help to provide information to the public about the product's safe and proper use.
The public would be required to pay directly for the product, as products which do not require a prescription are not usually covered by drug insurance plans.
- Health insurance plans
There would be no anticipated cost for privately funded drug benefit plans, since most do not cover the cost of non-prescription drugs.
- Provincial health care services
There would be no anticipated cost to provincial drug benefit plans, since most do not cover the costs of non-prescription drugs.
Compliance and enforcement
This amendment would not alter existing compliance mechanisms under the provisions of the Food and Drugs Act and the Food and Drug Regulations enforced by the Health Products and Food Branch Inspectorate.
Consultation
The process for this consultation with stakeholders is described in the Memorandum of Understanding (MOU) to streamline regulatory amendments to Schedule F, which came into effect on February 22, 2005. The MOU is posted on the Health Canada Web site.
This NOI is being sent by email to stakeholders and is also being posted on the Health Canada Web site and the "Consulting with Canadians" Web site.
Any comments regarding this proposed amendment should be sent within 75 days following the date of publication in the Canada Gazette, Part I. The policy analyst for this project, Karen Ash, may be contacted at the following address: Refer to Project No. 1541, Policy Division, Bureau of Policy, Science and International Programs, Therapeutic Products Directorate, Holland Cross, Tower B, 2nd Floor, 1600 Scott Street, Address Locator 3102C5, Ottawa, Ontario K1A 0K9, 613-948-4623 (telephone), 613-941-6458 (fax), regaff-affreg@hc-sc.gc.ca (email).
Final approval
In accordance with the MOU process, it is anticipated that this amendment will proceed directly from this consultation to consideration for final approval by the Governor in Council, approximately six to eight months from the date of publication of this NOI in the Canada Gazette, Part I. If the amendment is approved by the Governor in Council, publication in the Canada Gazette, Part II, would follow. The amendment will come into force on the date of registration.
NEIL YEATES
Assistant Deputy Minister
[27-1-o]
DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Appointments
| Name and position | Order in Council |
|---|---|
| Al-Yassini, Ayman | 2007-1016 |
| Canadian Race Relations Foundation | |
| Executive Director | |
| Annis, Peter | 2007-878 |
| Canadian Artists and Producers Professional Relations Tribunal | |
| Chairperson on a part-time basis | |
| Bank of Canada | |
| Directors of the Board of Directors | |
| Emsley, Douglas A. | 2007-894 |
| Finlayson, Jock A. | 2007-893 |
| Laidley, David H. | 2007-892 |
| Bergevin, Christiane | 2007-877 |
| Business Development Bank of Canada | |
| Director of the Board of Directors | |
| Canada Pension Plan | |
| Review Tribunal | |
| Members | |
| Bourdeau, Pierre — Montréal | 2007-905 |
| Coffey, Roberta Joan — Thunder Bay | 2007-903 |
| Dubé, Jean Fernand — Edmundston | 2007-906 |
| Stapleford-McGuire, Beatrice Ann — North York | 2007-904 |
| Canada Shipping Act | 2007-999 |
| Steamship Inspectors and Inspectors of Ships' Tackle | |
| Aloak, Tewari | |
| Millen, Mark | |
| Constant, Irvine | 2007-895 |
| Freshwater Fish Marketing Corporation | |
| Director of the Board of Directors | |
| Daley, Peter A. | 2007-910 |
| Superior Court of Justice in and for the Province of Ontario | |
| Judge | |
| Court of Appeal for Ontario | |
| Judge ex officio | |
| Eaton, Fredrik Stefan | 2007-898 |
| Canadian Museum of Civilization | |
| Chairperson of the Board of Trustees | |
| Employment Insurance Act | |
| Chairpersons of the Boards of Referees | |
| New Brunswick | |
| Thériault, Paul-Émile — Fredericton | 2007-900 |
| Ontario | |
| Chopra, Ram — Brampton | 2007-901 |
| Webber, Catriona — Niagara | 2007-902 |
| Ferland, Michel | 2007-886 |
| Transportation Appeal Tribunal of Canada | |
| Part-time member | |
| Fox, Kathleen Carol | 2007-873 |
| Canadian Transportation Accident Investigation and Safety Board | |
| Part-time member | |
| Glen, D. Ian, Q.C. | 2007-880 |
| Canadian Air Transport Security Authority | |
| Chairperson | |
| Goodman, Brian P. | 2007-887 |
| Immigration and Refugee Board | |
| Chairperson | |
| Immigration and Refugee Board | |
| Full-time members | |
| Duquette, Pierre | 2007-891 |
| MacAulay, Philip | 2007-888 |
| Sajtos, Joanne | 2007-890 |
| Weed, Peter | 2007-889 |
| Laroche, Mark B. | 2007-881 |
| Canada Lands Company Limited | |
| President and Chief Executive Officer | |
| Lefebvre, Jean | 2007-909 |
| Public Sector Pension Investment Board | |
| Director | |
| Mukherjee, Rina | 2007-879 |
| Blue Water Bridge Authority | |
| Director | |
| National Round Table on the Environment and the Economy | |
| Members | |
| Dorion, Francine | 2007-875 |
| Prokopanko, Richard | 2007-876 |
| Paul, David | 2007-899 |
| First Nations Tax Commission | |
| Deputy Chief Commissioner | |
| Rook, John | 2007-907 |
| National Council of Welfare | |
| Chairperson | |
| Sackett, Margot | 2007-874 |
| Historic Sites and Monuments Board of Canada | |
| Member | |
| Soknacki, David | 2007-885 |
| Parc Downsview Park Inc. | |
| Chairperson of the Board of Directors | |
| Spivack, Julius B. | 2007-884 |
| Laurentian Pilotage Authority | |
| Member and part-time Vice-Chairperson | |
| Tessier, Suzanne | 2007-911 |
| Superior Court for the Districts of Hull, Labelle and Pontiac in the Province of Quebec | |
| Puisne Judge | |
| Turcq, Jérôme | 2007-908 |
| Public Service Pension Advisory Committee | |
| Member | |
| Wright, Bruce | 2007-883 |
| Oshawa Harbour Commission | |
| Member |
June 25, 2007
JACQUELINE GRAVELLE
Manager
[27-1-o]
DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Appointments
| Name and position | Order in Council |
|---|---|
| Dedimus potestatem | 2007-933 |
| Commissioners to administer oaths | |
| Within Canada | |
| Boyle, The Hon. Patrick J. | |
| Favreau, The Hon. Réal | |
| Jorré, The Hon. Gaston P. | |
| Mandamin, The Hon. Leonard S. | |
| Miller, The Hon. Valerie A. | |
| Rossiter, The Hon. Eugene P. | |
| Ryer, The Hon. C. Michael | |
| Webb, The Hon. Wyman W. | |
| Within Alberta | |
| Crighton, The Hon. Michelle G. | |
| Eidsvik, The Hon. Kristine M. | |
| Graesser, The Hon. Robert A. | |
| McDonald, The Hon. J. D. Bruce | |
| Miller, The Hon. Dallas K. | |
| Nielsen, The Hon. Kenneth G. | |
| Shelley, The Hon. Donna L. | |
| Sisson, The Hon. Kirk L. | |
| Within British Columbia | |
| Bracken, The Hon. J. Keith | |
| Bruce, The Hon. Catherine J. | |
| Butler, The Hon. G. Bruce | |
| Chiasson, The Hon. Edward C. | |
| Dickson, The Hon. Gail M. | |
| Frankel, The Hon. S. David | |
| Hinkson, The Hon. Christopher E. | |
| Smart, The Hon. William B. | |
| Within Manitoba | |
| Chartier, The Hon. Richard J. | |
| Everett, The Hon. A. Catherine | |
| Joyal, The Hon. Glenn D. | |
| Within New Brunswick | |
| Baird, The Hon. Barbara L. | |
| Bell, The Hon. B. Richard | |
| French, The Hon. Raymond T. | |
| Quigg, The Hon. Kathleen A. | |
| Robichaud, The Hon. Michel A. | |
| Within Newfoundland and Labrador | |
| Butler, The Hon. Gillian D. | |
| Fry, The Hon. Deborah E. | |
| Goodridge, The Hon. William H. | |
| Harrington, The Hon. Michael F. | |
| Within the Northwest Territories | |
| Charbonneau, The Hon. Louise A. | |
| Within Nova Scotia | |
| Scaravelli, The Hon. Nicoll M. | |
| Within Ontario | |
| Allen, The Hon. Beth A. | |
| Arrell, The Hon. Harrison | |
| Brown, The Hon. David M. | |
| Conway, The Hon. Barbara A. | |
| Forestell, The Hon. Maureen D. | |
| Gordon, The Hon. Robbie D. | |
| Gray, The Hon. Douglas K. | |
| Gunsolus, The Hon. Drew S. | |
| Harper, The Hon. R. John | |
| Kane, The Hon. Paul B. | |
| Kershman, The Hon. Stanley J. | |
| Lederer, The Hon. Thomas R. | |
| Maddalena, The Hon. Theresa | |
| Miller, The Hon. Gisele M. | |
| Newbould, The Hon. Francis J. C. | |
| Parfett, The Hon. Julianne A. | |
| Pattillo, The Hon. Laurence A. | |
| Pazaratz, The Hon. Alex | |
| Pomerance, The Hon. Renee M. | |
| Ramsay, The Hon. James A. | |
| Ray, The Hon. Timothy D. | |
| Sosna, The Hon. Alexander | |
| Tausendfreund, The Hon. Wolfram U. | |
| Thorburn, The Hon. Julie A. | |
| van Rensburg, The Hon. Katherine M. | |
| Within Quebec | |
| Beaugé, The Hon. Guylène | |
| Blanchard, The Hon. Marc-André | |
| Cullen, The Hon. Louis-Paul | |
| Dufresne, The Hon. Robert | |
| Goulet, The Hon. Dominique | |
| La Rosa, The Hon. Catherine | |
| Léger, The Hon. Jacques A. | |
| Mainville, The Hon. Johanne | |
| Masse, The Hon. Chantal | |
| Nantel, The Hon. Francine | |
| Parent, The Hon. Étienne | |
| Peacock, The Hon. Mark G. | |
| Petras, The Hon. Eva | |
| Picard, The Hon. Sophie | |
| Soldevila, The Hon. Alicia | |
| Tôth, The Hon. François | |
| Within Saskatchewan | |
| Acton, The Hon. Murray D. | |
| Ottenbreit, The Hon. Ralph K. | |
| Popescul, The Hon. Martel D. |
June 25, 2007
JACQUELINE GRAVELLE
Manager
[27-1-o]
DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Appointments
| Name and position | Order in Council |
|---|---|
| Federal Court of Appeal or the Federal Court | 2007-987 |
| Commissioners to administer oaths | |
| Akl, Tagrid | |
| Archambault, Gilles | |
| Beauregard, Céline | |
| Bowers, Chantelle | |
| Chan, Mun Yee | |
| Cournoyer, François | |
| Deslauriers, Nancy | |
| Gagné, Nancy | |
| Garnons-Williams, Wayne | |
| Giroux, Joseph Gérald François | |
| Hajirakar, Vishva | |
| Lanthier, Line | |
| Leclerc, Christine | |
| Lee, Suzanna | |
| MacGillivray, Jennifer | |
| M'vondo, (Robert) Buye Kim Sakhor | |
| O'Neil, Patrick | |
| Pilon, Lucie | |
| Prasad, Vik | |
| Ramsay, Tamsin Jane | |
| Renaud, Stella | |
| Rutherford, Heather | |
| Sanfaçon, Isabelle | |
| Sorvisto, Jennifer | |
| Trinque, Nathalie |
June 25, 2007
JACQUELINE GRAVELLE
Manager
[27-1-o]
DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Appointments
| Name and position | Order in Council |
|---|---|
| Tax Court of Canada | 2007-988 |
| Commissioners to administer oaths | |
| Ahmed, Imrana | |
| Akl, Tagrid | |
| Anderson, Cyrena | |
| Anfousse, Suzanne | |
| Baillargeon, Sylvie | |
| Bédard, Diane | |
| Bennett-Nelson, Natashia | |
| Benoit, Elise | |
| Bernier, Andrée | |
| Bhutia, Lhaden | |
| Bjornson, Cheryl | |
| Bouchard, Sylvie | |
| Bourianova, Ioulia | |
| Bowers, Chantelle | |
| Braden, Gregg | |
| Branchaud, Denise | |
| Bruce, Kathy | |
| Bruce, Tom | |
| Chan, Mun Yee | |
| Charles, Judith | |
| Cournoyer, François | |
| Das, Manjula | |
| Dernek, Alain | |
| Desanti, Todd | |
| Deslauriers, Nancy | |
| Dickenson, Rochelle | |
| Duport, Jean-François | |
| Fadel, Thérèse | |
| Fenn, Mary | |
| Findlay, Susan | |
| Garito, Chris | |
| Garnons-Williams, Wayne | |
| George, Vanessa | |
| Giorgetti, Roberta | |
| Giroux, Joseph Gérald François | |
| Green, Tiina | |
| Griffith, Mavis | |
| Grimes, Abigail | |
| Gulia, Yoginder | |
| Hajirakar, Vishva | |
| Healy, Elizabeth | |
| Heeney, Denise | |
| Hull, Alistair | |
| Kowalchuk, Michael | |
| Kuchinka, Leanne | |
| Lau, Maggie | |
| Lavallée, Michèle | |
| Lavigne, Cheryl | |
| Leblanc, Linda | |
| Leclerc, Christine | |
| Lee, Suzanna | |
| MacGillivray, Jennifer | |
| MacKenzie, Catherine | |
| Martin, François | |
| McColman, Cherlin | |
| McCullough, Christine | |
| M'vondo, (Robert) Buye Sakhor | |
| Mendes, Marilyn | |
| Morgan, Garnet | |
| Nelson, Shaun | |
| O'Neil, Patrick | |
| Outtrim, Jim | |
| Pace, Michael | |
| Parent, Johanne | |
| Pelrine, Karla | |
| Prasad, Vik | |
| Preston, Bruce | |
| Prodan Gil, Alice | |
| Rajab, Imtiaz | |
| Ramsay, Tamsin Jane | |
| Reid, Sandra | |
| Reimen, Nicole | |
| Renaud, Stella | |
| Rodrigues, Lisa | |
| Roy, Paula | |
| Rozon, Suzie | |
| Russell, Jena | |
| Rutherford, Heather | |
| Ryan, Debbie | |
| Sanfaçon, Isabelle | |
| Sansone, Mary | |
| Sepe, Mario | |
| Shepherd, Stan | |
| Sorvisto, Jennifer | |
| Switzer, Michael | |
| Tran, Minh-Hoang | |
| Vaillant, Line | |
| Wanono, Josianne | |
| Webb, Krista | |
| Weir, Jeff | |
| Wheeley, Kathleen | |
| Woodcox, Kathie | |
| Wilson, Sandy | |
| Young, Shannon | |
| Zigomanis, Dina | |
| Zummo, Suzanne |
June 25, 2007
JACQUELINE GRAVELLE
Manager
[27-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Application for surrender of charter
Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, an application for surrender of charter was received from
| File No. | Name of Company | Received |
|---|---|---|
| 212593-5 | ASSOCIATION DES POMPIERS VOLONTAIRES DE LAC-BEAUPORT INC. | 03/05/2007 |
| 419283-4 | RALLY OBEDIENCE CLUB OF CANADA | 10/05/2007 |
| 433864-2 | Sanoviv Foundation Corporation, Canada | 01/05/2007 |
| 430181-1 | STAE International CORPORATION - LA CORPORATION STAE International | 14/06/2007 |
| 421168-5 | The Canadian Electronic Crimes Association Inc. l'Association canadienne des crimes electroniques inc. |
29/05/2007 |
| 385946-1 | THE JOLLYMORE & KHOUZAM SPORTS FOUNDATION | 25/05/2007 |
| 013576-3 | THE PROFESSIONAL HORSEMEN'S ASSOCIATION OF CANADA | 07/06/2007 |
June 28, 2007
AÏSSA AOMARI
Director
Incorporation and Information
Products and Services Directorate
For the Minister of Industry
[27-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Declaration of dissolution
Whereas the following corporation has not, within one year of the publication of notice in the Canada Gazette, filed the summaries required under subsection 133(1) of the Canada Corporations Act for the two years in respect of which it was in default, it is hereby ordered that the corporation mentioned below be and is declared dissolved according to the provisions of subsection 11 of section 133 of the Canada Corporations Act:
| File No. | Name of Corporation |
|---|---|
| 331487-1 | KONNO'N: KWE INTERNATIONAL |
June 27, 2007
CHERYL RINGOR
Director
Compliance and Policy Directorate
For the Minister of Industry
[27-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Letters patent
Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, letters patent have been issued to
| File No. | Name of Company | Head Office | Effective Date |
|---|---|---|---|
| 442583-9 | (CACIC) Canada Arab Chamber of Industry and Commerce | Toronto, Ont. | 28/05/2007 |
| 442561-8 | 614 THORNCLIFFE PARK CHURCH | Municipality of Metropolitan Toronto, Ont. | 08/05/2007 |
| 442528-6 | AEA CANADA | Montréal (Qué.) | 28/05/2007 |
| 441387-3 | Association pour le Développement des Communautés Rurales du Congo (ADERC) - Association for the Development of the Rural Communities in Congo (ADERC) |
Regina (Sask.) | 23/02/2007 |
| 441985-5 | ATLANTIC PRINTING INDUSTRIES ASSOCIATION | The Town of New Glasgow, N.S. | 17/04/2007 |
| 442804-8 | BEARERS OF LOVE INTERNATIONAL PORTEURS D'AMOUR INTERNATIONAL |
Dollard-des-Ormeaux, Que. | 23/05/2007 |
| 442021-7 | BEETON HONEY AND GARDEN FESTIVAL | Beeton, Ont. | 25/04/2007 |
| 442023-3 | BEIT EL INTERNATIONAL CHURCH | Greater Montréal Area, Que. | 26/04/2007 |
| 442029-2 | BHAVANI SHANKAR MANDIR AND CULTURAL CENTRE | Brampton, Ont. | 24/04/2007 |
| 441999-5 | Blu?Rein Foundation | Brantford, Ont. | 19/04/2007 |
| 442568-5 | BODY CONTROL PILATES ASSOCIATION OF CANADA | Town of Maple, Regional Municipality of York, Ont. | 09/05/2007 |
| 442591-0 | CAN TEACH INTERNATIONAL | Town of Salem, Ont. | 16/05/2007 |
| 441929-4 | CANADIAN ARTHRITIS PATIENT ALLIANCE/ L'ALLIANCE CANADIENNNE DES ARTHRITIQUES |
Toronto, Ont. | 02/04/2007 |
| 442495-6 | CANADIAN ASSOCIATION OF INTERVENTIONAL CARDIOLOGY (CAIC) / ASSOCIATION CANADIENNE DE CARDIOLOGIE D'INTERVENTION (ACCI) |
Metropolitan Region of Montréal, Que. | 15/05/2007 |
| 442016-1 | CANADIAN ASSOCIATION OF PROFESSIONAL PET DOG TRAINERS | Prince George, B.C. | 26/04/2007 |
| 442025-0 | Canadian Centre for Unmanned Vehicle Systems - Centre Canadien des Systèmes de Véhicules Télépiloté |
Medicine Hat, Alta. | 27/04/2007 |
| 441988-0 | CANADIAN DOMINO'S FRANCHISEE ASSOCIATION (CDFA) | Woodstock, Ont. | 18/04/2007 |
| 441545-1 | CANADIAN FRIENDS OF DREPUNG GOMANG | Burlington, Ont. | 22/03/2007 |
| 442014-4 | CANADIAN FRIENDS OF THE WISCONSIN INSTITUTE FOR TORAH STUDY | Toronto, Ont. | 25/04/2007 |
| 442812-9 | CANADIAN HARVEST - FOOD FOR THE HUNGRY | Toronto, Ont. | 24/05/2007 |
| 442590-1 | CANADIAN SEA TURTLE NETWORK INCORPORATED | Halifax, N.S. | 16/05/2007 |
| 442071-3 | Canamerata Music Enterprises | Niagara-on-the-Lake, Ont. | 16/05/2007 |
| 442520-1 | CARN Canadian Association of Rehabilitation Nurses - ACIIR Association canadienne des infirmières et infirmiers en réadaptation |
Toronto, Ont. | 24/05/2007 |
| 442022-5 | CENTRE SOCIO-CULTUREL SHEKINAH | Montréal (Qué.) | 26/04/2007 |
| 442536-7 | Childcare Resource and Research Unit (CRRU) Association | Toronto, Ont. | 13/06/2007 |
| 442560-0 | Chinese Canadian Liberal Association | Markham, Ont. | 07/05/2007 |
| 442466-2 | CITIZENS COALITION FOR GREENBRIAR | Ottawa, Ont. | 26/04/2007 |
| 442834-0 | CLAN MACTAVISH INTERNATIONAL | Oakville, Ont. | 29/05/2007 |
| 442907-9 | CLUB ZAHLE MONTRÉAL/MONTREAL CLUB ZAHLE | Région métropolitaine de Montréal (Qué.) | 11/06/2007 |
| 441972-3 | COLLEEN SYRJA SCHOLARSHIP FUND | Thunder Bay, Ont. | 13/04/2007 |
| 442069-1 | COMMUNITY EVOLUTION | Greater Vancouver Regional District, B.C. | 15/05/2007 |
| 442011-0 | Covenant Christian Church Mission Outreach (Hope Centre) | Town of Plympton-Wyoming, Ont. | 25/04/2007 |
| 442068-3 | EFN ENERGY FUTURES NETWORK | Vancouver, B.C. | 14/05/2007 |
| 442566-9 | Fondation Canadienne pour le Développement Durable de l'Afrique (FCDDA) | Repentigny (Qué.) | 07/05/2007 |
| 441812-3 | FONDATION FAUTEUIL ROULANT 10-4 TEDDY BEAR / 10-4 TEDDY BEAR WHEELCHAIR FOUNDATION | Région métropolitaine de Montréal (Qué.) | 27/03/2007 |
| 442018-7 | FONDATION MARIO COLDSHOT / MARIO COLDSHOT FOUNDATION | Montréal (Qué.) | 26/04/2007 |
| 442876-5 | Fondation Sibylla Hesse | Longueuil (Qué.) | 29/05/2007 |
| 441506-0 | GET ACTIVE NOW CANADA | Kitchener, Ont. | 13/03/2007 |
| 441526-4 | Good Earth Charitable Group | Ottawa, Ont. | 16/03/2007 |
| 442082-9 | GREAT NORTHERN WAY CAMPUS FOUNDATION | Vancouver, B.C. | 06/06/2007 |
| 442822-6 | Green Pastures Society | Toronto, Ont. | 08/05/2007 |
| 442802-1 | HANDS HELPING HANDS | Toronto, Ont. | 23/05/2007 |
| 441495-1 | HEALING AND ASSISTANCE NOT DEPENDENCE | Ottawa, Ont. | 12/03/2007 |
| 442594-4 | HEALTHYKIDS INTERNATIONAL | Toronto, Ont. | 16/05/2007 |
| 442545-6 | HIGHER GROUND NEIGHBOURHOOD OUTREACH | Brampton, Ont. | 03/05/2007 |
| 442588-0 | ICMSF HOLDING CORPORATION | Ottawa, Ont. | 15/05/2007 |
| 441976-6 | IISRE The International Institute for Sustainable Regional Economies | Kelowna, B.C. | 23/05/2007 |
| 442589-8 | INTERNATIONAL COMMISSION ON MICROBIOLOGICAL SPECIFICATIONS FOR FOOD (ICMSF) | Ottawa, Ont. | 15/05/2007 |
| 442973-7 | IRAQ'S SUSTAINABLE AGRICULTURE DEVELOPMENT | Ottawa, Ont. | 24/05/2007 |
| 442081-1 | JOHANNSON FAMILY FOUNDATION | Greater Vancouver Regional District, B.C. | 06/06/2007 |
| 442086-1 | JOHN & LORENA REDEKOP FOUNDATION | Greater Vancouver Regional District, B.C. | 11/06/2007 |
| 441924-3 | KENYA COMMUNITY FOR CIVIC EDUCATION | Toronto, Ont. | 30/03/2007 |
| 439397-0 | Lao Buddhist Monk Cultural Organization in Canada - Organization Culturelle de Moine Bouddhiste Laotien au Canada | Aldergrove, B.C. | 25/05/2007 |
| 442811-1 | LIGHTS, CAMERA, ACCESS! | Toronto, Ont. | 24/05/2007 |
| 442564-2 | LIVELIHOOD DEVELOPMENT INTERNATIONAL | Toronto, Ont. | 08/05/2007 |
| 442027-6 | MISA INTERNATIONAL | Montréal, Que. | 26/04/2007 |
| 442534-1 | Moon Energy Corp. Foundation, Canada | Toronto, Ont. | 01/05/2007 |
| 442452-2 | MPD FOUNDATION FONDATION MPD |
Montréal, Que. | 20/04/2007 |
| 442024-1 | NATIONAL ABORTION FEDERATION CANADA | Victoria, B.C. | 26/04/2007 |
| 442079-9 | NATURE WITHOUT BORDERS | Richmond, B.C. | 30/05/2007 |
| 442547-2 | New Vision Unlimited | Sioux Lookout, Ont. | 07/05/2007 |
| 441477-2 | NON RESIDENT NEPALIS- National Coordination Council- (NRN-CANADA) | Toronto, Ont. | 08/03/2007 |
| 442577-4 | Orbus Auxillium | Richmond Hill, Ont. | 11/05/2007 |
| 442562-6 | Pembroke Petawawa District Community Foundation | Pembroke, Ont. | 08/05/2007 |
| 442817-0 | PREVNet Inc. | Kingston, Ont. | 24/05/2007 |
| 442609-6 | Productions Altera Vitae / Altera Vitae Productions |
Montréal (Qué.) | 22/05/2007 |
| 441927-8 | SANATAN DHARMA TEMPLE - LE TEMPLE DE SANATAN RELIGION | Montréal, Que. | 02/04/2007 |
| 442446-8 | Société d'habitation et de développement de Longueuil | Longueuil (Qué.) | 18/04/2007 |
| 441534-5 | Taiwanese Young Professionals Association of Quebec | Montréal, Que. | 20/03/2007 |
| 442587-1 | The Accessible Channel Inc. | Toronto, Ont. | 15/05/2007 |
| 442592-8 | THE GLORY OASIS | Strathmore, Alta. | 16/05/2007 |
| 442030-6 | The Grenville Rowing Club Incorporated | Brockville, Ont. | 27/04/2007 |
| 442581-2 | The Institute of Certified Forensic Accountants, Inc. | Vancouver, B.C. | 11/05/2007 |
| 442479-4 | THE MEL HOPPENHEIM FAMILY FOUNDATION / LA FONDATION FAMILIALE MEL HOPPENHEIM |
District of Montréal, Que. | 08/05/2007 |
| 440093-3 | The Word of the Living God Ministries | Ajax, Ont. | 19/12/2006 |
| 442026-8 | THE MILITARY CASUALTY SUPPORT FOUNDATION | Cambridge, Ont. | 27/04/2007 |
| 442598-7 | THE SIMON AND MARAL HASSERJIAN FOUNDATION | Toronto, Ont. | 17/05/2007 |
| 442005-5 | The Young Eagles International | Toronto, Ont. | 20/04/2007 |
| 442087-0 | TOWER RANCH COMMUNITY ASSOCIATION | Vancouver, B.C. | 13/06/2007 |
| 441904-9 | UNLIMITED MASTERPEACE | Pointe-aux-Trembles, Que. | 27/03/2007 |
| 442073-0 | WHOLE WORLD FOUNDATION | Greater Vancouver Regional District, B.C. | 18/05/2007 |
| 440735-1 | Wild Spaces 4 Wild Species Foundation | Whitby, Ont. | 24/01/2007 |
| 442003-9 | XPERT VENTURE DESIGNS CORPORATION | Cobourg, Ont. | 20/04/2007 |
June 28, 2007
AÏSSA AOMARI
Director
Incorporation and Information
Products and Services Directorate
For the Minister of Industry
[27-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Supplementary letters patent
Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to
| File No. | Company Name | Date of S.L.P. |
|---|---|---|
| 005810-6 | CANADIAN AMATEUR DANCESPORT ASSOCIATION L'ASSOCIATION CANADIENNE DES AMATEURS DE DANSE |
01/06/2007 |
| 438154-8 | CANADIAN CENTRE FOR AEROSPACE DEVELOPMENT/CENTRE CANADIEN POUR LE DEVELOPPEMENT AEROSPATIAL | 30/04/2007 |
| 434678-5 | Centre d'art des ainés Inc. | 08/05/2007 |
| 283058-2 | CHALICE (CANADA) | 30/04/2007 |
| 432171-5 | CHINESE ARTS FESTIVAL OF CANADA / FESTIVAL DES ARTS CHINOIS DU CANADA |
23/05/2007 |
| 435161-4 | Christopher Douglas Hidden Angel Foundation | 25/05/2007 |
| 438536-5 | CORPORATION DU MUSÉE DE LA NATION HURONNE-WENDAT | 08/06/2007 |
| 440672-9 | Fondation pour enfants Lory | 16/05/2007 |
| 429951-5 | Global Ministries and Relief | 10/05/2007 |
| 392762-8 | GREAT LIFE WORLD OUTREACH | 26/04/2007 |
| 441486-1 | HANNEHOWARDFUND | 18/05/2007 |
| 437442-8 | HERITAGE OF INDIA INC. | 17/05/2007 |
| 292191-0 | INTERNATIONAL FEDERATION ON AGEING FEDERATION INTERNATIONALE DU VIEILLISSEMENT |
11/05/2007 |
| 439819-0 | KINSA Foundation | 01/06/2007 |
| 437728-1 | LEADERSHIP THUNDER BAY | 11/05/2007 |
| 435033-2 | Let's Start Talking Canada - Parlons Ensemble Canada |
17/05/2007 |
| 434741-2 | Rhema International Church | 06/06/2007 |
| 058730-3 | Royal Military Colleges Club of Canada Foundation Inc. | 27/04/2007 |
| 346094-1 | Soulpepper Theatre Company | 15/05/2007 |
| 434608-4 | TÉLÉFA7 | 14/05/2007 |
| 406618-9 | THE ALGONQUIN TO ADIRONDACKS CONSERVATION ASSOCIATION (AACA) L'ASSOCIATION DE CONSERVATION ALGONQUIN ADIRONDACKS (AACA) |
30/05/2007 |
| 413750-7 | The Ottawa Islamic Centre and Assalam Mosque | 11/04/2007 |
| 437600-5 | THE ROBERT BALIT FAMILY FOUNDATION/LA FONDATION FAMILIALE ROBERT BALIT | 18/05/2007 |
| 390663-9 | WATER INCIDENT RESEARCH ALLIANCE L'ALLIANCE DE RECHERCHE SUR LES INCIDENTS LIÉS À L'EAU |
18/05/2007 |
June 28, 2007
AÏSSA AOMARI
Director
Incorporation and Information
Products and Services Directorate
For the Minister of Industry
[27-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Supplementary letters patent — Name change
Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to
| File No. | Old Company Name | New Company Name | Date of S.L.P. |
|---|---|---|---|
| 283058-2 | (CHRISTIAN) CHILD CARE INTERNATIONAL | CHALICE (CANADA) | 30/04/2007 |
| 354439-7 | CAPSS CHRISTIAN ASSOCIATION OF PREGNANCY SUPPORT SERVICES |
CANADIAN ASSOCIATION OF PREGNANCY SUPPORT SERVICES | 06/12/2006 |
| 367407-0 | DOOR OF FAITH CHURCH | Supernatural Kingdom Life Ministries | 25/05/2007 |
| 439360-1 | DRUMBEAT FOUNDATION | CONCORD PACIFIC FOUNDATION | 14/05/2007 |
| 131336-3 | DYING WITH DIGNITY: A CANADIAN SOCIETY CONCERNED WITH THE QUALITY OF DYING | Dying With Dignity Canada | 23/05/2007 |
| 381480-7 | ERA RESIDENCES INC. | Era Support Services for Individuals with Developmental Disabilities Inc. | 07/05/2007 |
| 418935-3 | GNOSTICWEB INCORPORATED GNOSTICWEB INCORPORÉE |
The Gnostic Movement / Le Mouvement Gnostique |
30/04/2007 |
| 392762-8 | GREAT LIFE CHURCH | GREAT LIFE WORLD OUTREACH | 26/04/2007 |
| 331306-9 | Home Business Association of the National Capital Region | The Small Business Association of Canada | 14/05/2007 |
| 373407-2 | Mountainside Ministries | STEVE MCEVOY MINISTRIES INTERNATIONAL | 30/04/2007 |
| 428252-3 | National Aboriginal Communications Council | Western Association of Aboriginal Broadcasters | 27/03/2007 |
| 057385-0 | PIONEER CLUBS CANADA, INC. | RHODA MINISTRIES | 01/05/2007 |
| 433287-3 | SECRETARIAT INTERNATIONAL DE GOUVERNANCE EN GESTION DES FONDS PUBLICS/ INTERNATIONAL SECRETARIAT OF GOVERNANCE IN PUBLIC FUND MANAGEMENT |
Secretariat International en gestion des fonds publics/ International Secretariat in public Fund management |
28/05/2007 |
| 416165-3 | SOCIETY FOR THE ADVANCEMENT OF MARGINALIZED PERSONS | Hope in Shadows Inc. | 25/05/2007 |
| 346302-8 | THE CANADIAN ALLIANCE FOR ANIMAL-ASSISTED SERVICES/ L'ALLIANCE CANADIENNE POUR LES SERVICES ASSISTEÉ PAR LES ANIMAUX |
The Canadian Foundation for Animal-Assisted Support Services | 18/05/2007 |
June 28, 2007
AÏSSA AOMARI
Director
Incorporation and Information
Products and Services Directorate
For the Minister of Industry
[27-1-o]
TREASURY BOARD SECRETARIAT
FINANCIAL ADMINISTRATION ACT
Federal Public Service Health Care Plan Administration Authority — Letters patent
BY THE PRESIDENT OF THE TREASURY BOARD
WHEREAS subsection 7.2(1) of the Financial Administration Act ("Act"), which came into force on June 29, 2005, provides that the President of the Treasury Board may, on the recommendation of the National Joint Council of the Public Service, issue letters patent of incorporation for a corporation without share capital that is charged with the administration of any group insurance or benefit program described in subsection 7.1(1) of that Act;
WHEREAS these Letters Patent must set out the information required by subsection 7.2(2) of the Financial Administration Act, including the programs described in subsection 7.1(1) of the Act in respect of which the corporation is charged with the administration;
WHEREAS this corporation will be charged with the administration of the Public Service Health Care Plan, a benefit program described in subsection 7.1(1) of the Act;
NOW KNOW YOU that under the authority of the Financial Administration Act, I hereby issue these Letters Patent to incorporate the Federal Public Service Health Care Plan Administration Authority as follows:
April 27, 2007
VIC TOEWS
President of the Treasury Board
ARTICLE 1
EFFECTIVE DATE, DEFINITIONS, AND INTERPRETATION
1.1 Effective Date. These Letters Patent take effect on the 1st day of May 2007.
1.2 Definitions. In these Letters Patent, unless the context otherwise requires, terms used herein shall have the meaning ascribed to such terms in the Financial Administration Act and its Regulations, and in addition:
"Act" means the Financial Administration Act as amended from time to time (Loi);
"Administrative Services Contract" means the contract between Her Majesty and the Plan Administrator (contrat de services administratifs);
"Appeal" means a review of a decision of the Plan Administrator by the Board, in the manner described in the Public Service Health Care Plan documentation (appel);
"Appointing Body" means either the President of the Treasury Board, the President of the Treasury Board on the recommendation of the National Joint Council of the Public Service, or that portion of the National Joint Council of the Public Service that represents employees, as the case may be, acting as contemplated by section 7.3 of the Act (organisme de nomination);
"Authority" means the Federal Public Service Health Care Plan Administration Authority, incorporated by these Letters Patent (Administration);
"Board" means the Board of Directors of the Authority (Conseil);
"By-Law" means a By-Law of the Authority (règlement administratif);
"Chairperson" means the Director appointed by the President of the Treasury Board on the recommendation of the National Joint Council of the Public Service, who presides over meetings of the Board (président);
"Committee" means a Committee of the Board, other than an advisory/working committee, that shall be comprised of at least two members of the Board (Comité);
"Director" means a member of the Board (administrateur);
"Executive Officer" means an officer of the Authority appointed by the Board, who is not a Director (premier dirigeant);
"Funding Agreement" means the instrument for transferring operating funds from the Government of Canada to the Authority (accord de financement);
"Letters Patent" means these letters patent, the legal instrument issued to establish the Authority, as amended by supplementary letters patent, if any, and includes any schedules hereto and thereto (Lettres patentes);
"National Joint Council of the Public Service" means the council established under the authority of His Excellency the Governor General in Council on the recommendation of the President of the Treasury Board under Treasury Board Minute T.272382B of March 8, 1945, as amended by Orders in Council (Conseil national mixte de la fonction publique);
"Plan Administrator" means the entity or entities selected to provide certain services required for the operation of the Public Service Health Care Plan (administrateur du régime);
"Public Service Health Care Plan" or "PSHCP" means the benefit program established or modified pursuant to subsection 7.1(1) of the Act to reimburse Plan participants for eligible costs in relation to certain health care expenses and services (Régime de soins de santé de la fonction publique);
"Public Service Health Care Plan Partners Committee" or "Partners Committee" means the committee established by the President of the Treasury Board, composed of representatives of the employer, that portion of the National Joint Council of the Public Service that represents the employees, and an individual appointed by the National Joint Council who represents the pensioners (Comité des partenaires du Régime de soins de santé de la fonction publique);
"Regulations" means regulations created under the Act (Règlements);
"Vice-Chairperson" means a Director designated to perform the functions of the Chairperson in the event of absence or incapacity of the latter (vice-président).
1.3 Conflicts with Act or Regulations. If there is any conflict between the Letters Patent and the Act or Regulations, the Act or Regulations shall prevail.
1.4 Conflicts with By-Laws. If there is any conflict between the Letters Patent and the By-Laws, the Letters Patent shall prevail.
ARTICLE 2
DESCRIPTION OF AUTHORITY
2.1 Name of the Authority. The corporate name of the Authority is the Federal Public Service Health Care Plan Administration Authority.
2.2 Registered Office of the Authority. The registered office of the Authority is to be situated in the National Capital Region, as defined in the schedule to the National Capital Act.
ARTICLE 3
RESPONSIBILITIES AND POWERS OF THE AUTHORITY
3.1 Objects of the Authority. Pursuant to subsection 7.2(1) and paragraph 7.2(2)(b) of the Act, the Authority is charged with the administration of the PSHCP. Its object is to ensure that benefits and services to Plan members and their covered dependents, as defined in the PSHCP documentation, are delivered in a manner that ensures the effective and efficient administration of the PSHCP.
3.2 Responsibilities of the Authority. In accordance with the PSHCP, the responsibilities of the Authority will be
(a) to oversee the administration of the Administrative Services Contract;
(b) to provide instructions to the Plan Administrator regarding the administration of the PSHCP;
(c) to consider, where requested by a Plan member, an appeal of a decision of the Plan Administrator regarding a specific benefit entitlement;
(d) to ensure that service standards set out in the Administrative Services Contract are achieved and to take action where necessary to ensure that service to Plan members is provided in accordance with the service agreements, including making recommendations to the appropriate contracting authority in respect of the Administrative Services Contract;
(e) to conduct audits, evaluations, and produce oversight reports regarding the payment of benefits by the Plan Administrator;
(f) to develop a communications strategy for effective communications with Plan members in accordance with a business plan approved by the Partners Committee, and to actively communicate with Plan members regarding the PSHCP in accordance with that strategy;
(g) to ensure that communications between the Plan Administrator and Plan members are consistent with the Administrative Services Contract;
(h) to develop and submit annually to the Partners Committee a strategic plan outlining the Authority's vision and expectations;
(i) to develop and submit annually to the Partners Committee an operating budget sufficient to meet the Authority's objects, subject to the approval of the President of the Treasury Board; and
(j) to exercise such other powers or duties as may be necessary to fulfill the Authority's objects.
3.3 Reporting Obligations. The reporting obligations of the Authority will be
(a) to report to the Partners Committee, at least annually, the results of the audits and evaluations performed in regard to the Plan Administrator;
(b) to report to the Partners Committee, at least annually, on issues affecting the administration of the PSHCP, including the performance of the Plan Administrator in fulfilling its obligations under the Administrative Services Contract;
(c) to provide the Partners Committee with quarterly reports on the use of the Authority's operating budget;
(d) to report to the Partners Committee deviations between the services provided to Plan members and those set out in the service agreements;
(e) to identify and report to the Partners Committee any inconsistencies, anomalies, or ambiguities in the application or interpretation of the PSHCP by the Plan Administrator;
(f) to provide the Partners Committee with any such reports as it may request;
(g) to provide the Partners Committee with such information as is required by the Administrative Services Contract; and
(h) to report to the Partners Committee on incidents of fraud.
3.4 Powers of the Authority. The Authority has the powers of a natural person, which include but are not limited to the following:
(a) to execute and deliver agreements, assignments, bills of sale, contracts, deeds, receipts, and any and all other instruments in writing necessary or appropriate to the business and affairs of the Authority;
(b) to open and operate such bank account or accounts in one or more Canadian chartered banks, listed in Schedule I to the Bank Act, as may be expedient for the purpose of making payments or accepting deposits and to deposit any cash balances at any time into such accounts, to enter into contracts or agreements with such banks for such purposes, and to designate any person or persons as the signing authority for any such bank account or accounts opened by the Authority;
(c) to institute, prosecute, and defend any suits, actions, or other proceedings affecting the Authority, to compromise or settle any matter of dispute, or to submit any such matter to arbitration, and to compromise or compound any debts owing to the Authority upon evidence that is sufficient to the Authority;
(d) to employ and rely upon such qualified agents as it may reasonably require to assist it in carrying out its duties and obligations hereunder, and to pay proper and reasonable compensation therefor;
(e) to retain and rely, from time to time, upon the opinion, advice, or information provided by any lawyer, accountant, auditor, or other expert, although not bound to act upon such opinion, advice, or information, and to pay proper and reasonable compensation for all such opinions, advice, and information;
(f) to rely upon, when acting in good faith and without negligence, any certificate, notice, instrument, request, direction, consent, opinion, or other document believed by the Authority to be genuine and to be signed or presented by the proper person; and
(g) subject to the relevant privacy legislation, to request information of the Plan Administrator and share it with the Partners Committee.
3.5 Limitations of the Authority. The Authority has no power to
(a) borrow or lend monies;
(b) acquire real property, but may enter into leases for terms not exceeding ten (10) years; or
(c) amend the PSHCP.
3.6 Standards of Governance, Internal Control, and Reporting. The Authority will, to the extent practical given its objects, respect the standards of governance, internal control, and reporting that may be established from time to time by the Canadian Securities Administrators for public companies.
3.7 Audits and Evaluation. The Authority is required to act in cooperation with any audit or evaluation or studies that may from time to time be initiated for purposes of ensuring the effective and efficient administration of the PSHCP.
ARTICLE 4
BOARD OF DIRECTORS
4.1 Number of Directors. The Board shall consist of ten (10) Directors.
4.2 Appointment of Directors. The Directors of the Authority shall be appointed to hold office in accordance with section 7.3 of the Act.
4.3 Disqualified persons. The following persons are disqualified from being Directors:
(a) any person who is a member of the Senate or House of Commons of Canada or a member of a provincial legislature;
(b) a person who has the status of a bankrupt;
(c) a person who is less than eighteen (18) years of age;
(d) a person who is not a natural person;
(e) a person who is not a resident of Canada; or
(f) anyone who is of unsound mind and has been so found by a court in Canada or elsewhere.
4.4 Effective Date of Appointment. The appointment of a Director shall be effected in such manner and at such time as the Appointing Body considers appropriate.
4.5 Terms of Directors. The term of each Director shall be up to four (4) years, provided however that
(a) the initial term of two of the individuals nominated by the President of the Treasury Board pursuant to paragraph 7.3(c) of the Act shall be for a period of three (3) years;
(b) the initial term of one of the individuals nominated by the President of the Treasury Board pursuant to paragraph 7.3(c) of the Act shall be for a period of two (2) years;
(c) the initial term of two of the individuals nominated by that portion of the National Joint Council of the Public Service that represents the employees, pursuant to paragraph 7.3(d) of the Act, shall be for a period of three (3) years; and
(d) the initial term of one of the individuals nominated by that portion of the National Joint Council of the Public Service that represents the employees, pursuant to paragraph 7.3(d) of the Act, shall be for a period of two (2) years.
If no person is appointed to take office as a Director on the expiry of the term of an incumbent Director, the incumbent Director continues in office until a successor is appointed.
4.6 Remuneration of Directors and Executive Officer. Directors and the Executive Officer, where not public servants, employees of a union, or employees of an organization that represents pensioners in the Public Service, are entitled to receive from the Authority the remuneration that may be fixed by the Funding Agreement, which remuneration shall be fixed having regard to the remuneration received by persons having similar responsibilities and engaged in similar activities.
4.7 Renewal Term. A Director is eligible for reappointment for one or more additional terms of office.
4.8 Ceasing to Hold Office. A Director shall cease to hold office when
(a) he or she dies or resigns;
(b) he or she is removed for cause; or
(c) he or she is no longer qualified to hold the office of Director under section 4.3 of the Letters Patent.
4.9 Resignation of Directors. A Director may resign his or her office as a Director by sending to the Authority a written resignation, which shall become effective on the date received by the Authority or on the date specified in the resignation, whichever is later. The Authority shall inform the Partners Committee forthwith of the resignation.
4.10 Removal of Directors. The Board, in consultation with the Appointing Body, may remove any Director for cause at any time.
4.11 Quorum for Meetings of Directors. The quorum necessary for the transaction of business at a meeting of the Board shall be a majority of the number of Directors in office of whose appointment the Authority has actual knowledge, but under no circumstance shall it be less than five, where the five Directors are
(a) two (2) Directors appointed pursuant to paragraph 7.3(c) of the Act;
(b) two (2) Directors appointed pursuant to paragraph 7.3(d) of the Act; and
(c) one (1) Director appointed pursuant to paragraph 7.3(a) of the Act.
A quorum of Directors may exercise all powers of the Board.
4.12 Appointment of Officers. The Board shall appoint an Executive Officer, who shall not be a Director, and such other officers as the Board considers appropriate.
4.13 General Duties. The general duties of the following offices include:
(a) Board. The Board shall exercise the powers of the Authority and shall manage or supervise the management of the activities of the Authority, including managing the affairs and business of the Authority in accordance with the Letters Patent and By-Laws.
(b) Chairperson. The Chairperson shall preside at meetings of the Board.
(c) Vice-Chairperson. The Board shall designate a Director as Vice-Chairperson to perform the functions of the Chairperson in the event of the absence or incapacity of the latter or if the office of Chairperson is vacant. The absence, incapacity, or vacancy shall not exceed 90 days.
(d) Executive Officer. The Executive Officer is responsible for providing advice and support to the Board. Unless otherwise precluded by law, the Executive Officer may delegate any power, duty, or function conferred on him or her to any other employee of the Authority. In the event of the absence or incapacity of the Executive Officer, or if the office of Executive Officer is vacant, the Board may designate the Vice-Chairperson of the Authority to exercise the powers and perform the duties and functions of the Executive Officer for up to 90 days. The Executive Officer cannot be a member of any Committee.
4.14 Duty of Care. Every Director and officer of the Authority, in exercising his or her powers or in discharging his or her duties, shall
(a) act honestly and in good faith with a view to the best interests of the Authority; and
(b) exercise the care, diligence, and skill that a reasonably prudent person would exercise in comparable circumstances.
4.15 Duty to Comply. Every Director and officer of the Authority shall comply with the Act, its Regulations, the Letters Patent, and the By-Laws.
ARTICLE 5
COMMITTEES
5.1 Committees of the Board. The Board may appoint Committees, however designated, and delegate to any such Committee any of the powers of the Board, except the Board shall not delegate to any Committee the power to
(a) approve the audited financial statements of the Authority; or
(b) adopt, amend, or repeal By-Laws.
5.2 Appointment of Governance Committee. The Board shall appoint from its numbers a Committee (the Governance Committee) comprising at least five Directors, where
(a) two (2) of the members were appointed pursuant to paragraph 7.3(c) of the Act; and
(b) two (2) of the members were appointed pursuant to paragraph 7.3(d) of the Act.
5.3 Mandate of the Governance Committee. The Governance Committee shall perform the following functions:
(a) manage the administration of the Code of Conduct;
(b) develop and annually update a plan, including recommendations to the Board, for the composition of the Board in terms of the combination of skills, background, or experience, which plan shall take into consideration the skills, background, and experience of the existing Directors, retirement dates, and the strategic direction of the Authority;
(c) at least six months prior to the expiry of the term of office of a Director, inform the Board, who shall provide notice to the Appointing Body, that the term of the appointee on the Board is about to expire and request an appointment;
(d) assist the Board in providing to each Appointing Body the notice described in subsection 5.3(c) above, a current copy of the plan and recommendations described in subsection 5.3(b), and a profile of the skills, background, and experience of the continuing Directors;
(e) in the event a Director ceases to hold office, inform the Board, who shall forthwith provide to the Appointing Body a request for a new appointment to fill such vacancy, together with a copy of the plan and recommendations described in subsection 5.3(b) and the profile described in subsection 5.3(d);
(f) advise the Board of all corporate governance issues that it determines ought to be considered by the Board;
(g) conduct annual performance reviews of the Board as a whole, assessing its strengths and weaknesses, and identifying any need for further professional development; and
(h) conduct an annual performance review of the Executive Officer and the Chairperson.
5.4 Audit Committee. The Board shall appoint an Audit Committee and ensure that the chair of said Committee has sufficient financial expertise. The Board shall ensure that the majority of the members of the Audit Committee are not officers or employees of the Authority, and shall fix the duties and functions of the Committee, including causing internal audits to be conducted to ensure compliance by the officers and employees of the Authority with management and information systems and controls established by the Board.
5.5 Mandate of the Audit Committee. The Audit Committee will review and make appropriate recommendations to the Board on the adequacy of the Authority's processes for identifying and managing risk, its internal control system, and its processes for complying with laws and regulations. A copy of the audited financial statements and reports shall be furnished to the Partners Committee on an annual basis. The Audit Committee will also perform such other duties and responsibilities as may be assigned to it by the Board.
5.6 Appointment of Auditor. The Directors, at their first meeting in each fiscal year, shall appoint an auditor for the Authority for that fiscal year and fix the auditor's remuneration. The auditor will be a natural person who
(a) is a member in good standing of an institute or association of accountants incorporated by or under an Act of the legislature of a province;
(b) has at least five years of experience at a senior level in carrying out audits;
(c) is ordinarily resident in Canada; and
(d) operates at arm's length from the Authority, its officers, and Directors.
ARTICLE 6
ACCESS TO INFORMATION ACT AND PRIVACY ACT
6.1 Access and Privacy. The Authority will be subject to the Access to Information Act and the Privacy Act, as amended from time to time.
ARTICLE 7
OFFICIAL LANGUAGES
7.1 Official Languages. The Authority shall operate in both official languages and ensure that all communications, services, and documentation to be made available or required to be provided pursuant to these Letters Patent are made available in both official languages. For greater certainty, the Authority shall ensure that all communications, services, and proceedings involving Plan members or their representatives are provided or carried out in the official language of the Plan members' choice.
ARTICLE 8
CODE OF CONDUCT
8.1 Code of Conduct. The Code of Conduct establishing guidelines for ethics and conflict of interest for the Directors and officers of the Authority is set out in Schedule A, attached hereto.
ARTICLE 9
BY-LAWS
9.1 By-Laws. The Board may make By-Laws that are consistent with these Letters Patent to govern the exercise of powers, the discharge of duties, and the conduct and management of the business and affairs of the Authority, the Board, and the officers, including, without limiting the generality of the foregoing, By-Laws
(a) governing the calling of meetings of the Board of Directors and its committees, the time and place of those meetings, and the procedure in all matters relating to those meetings;
(b) respecting the functions and duties of the Directors, officers, and employees of the Board;
(c) respecting the process for appointing the Executive Officer;
(d) respecting the establishment of Committees of the Board and the appointment of members to those Committees; and
(e) respecting the indemnification of its Directors.
SCHEDULE A
CODE OF CONDUCT
ARTICLE 1
OBJECTS AND INTERPRETATION
1.1 Objects of Code. The object of this Code is to enhance public confidence in the integrity and impartiality of Directors and officers of the Authority and the business activities and transactions carried out by the Authority by establishing clear rules on ethics and conflict of interest for Directors and officers of the Authority.
1.2 Principles. This Code shall be interpreted in accordance with the following general principles:
(a) every Director and officer shall discharge his or her official duties and arrange his or her private affairs in such a manner as to preserve and promote public confidence and trust in the integrity and impartiality of the Authority;
(b) the obligations of the Director or officer described in subsection 1.2(a) may not always be discharged merely by acting in accordance with the technical requirements of the Act, Regulations, Letters Patent, By-Laws, and policies and resolutions of the Board; and
(c) public confidence and trust in the integrity and impartiality of the Authority may be equally compromised by the appearance of a conflict as by the existence of an actual conflict.
1.3 Definitions. In this Code, terms shall have the meanings ascribed to them in the Act, its Regulations, and the Letters Patent and, in addition, the following terms shall have the following meanings:
(a) "Gift" includes any good, service, benefit, hospitality, promise, or favour (cadeau); and
(b) "Related Party" means, with respect to a Director or officer of the Authority,
(i) a spouse, child, brother, sister, or parent of such Director or officer,
(ii) a relative of such Director or officer (other than those named in paragraph 1.3(b)(i)) or a relative of the spouse of such Director or officer if the relative has the same residence as the Director or officer,
(iii) a corporation, partnership, trust, or other entity that is directly or indirectly controlled by such Director or officer, or an individual or combination of individuals named in paragraph 1.3(b)(i), and
(iv) a partner of such Director or officer acting on behalf of a partnership to which the Director or officer and the partner belong (personne apparentée).
1.4 Application of the Code. This Code applies to all Directors and officers of the Authority.
1.5 Acknowledgement by Directors and Officers. Each Director and officer shall acknowledge in writing to the Board that
(a) he or she has read and understood this Code;
(b) to the best of his or her knowledge, he or she is in compliance with this Code, and neither he or she, nor any Related Party has a conflict or potential conflict within the meaning of article 2 of this Code; and
(c) in the case of each officer, compliance with this Code is a condition of his or her employment.
1.6 Timing of Acknowledgement. Each Director and officer shall deliver the acknowledgement described in section 1.5 of this Code to the Board,
(a) in the case of Directors serving and officers employed on the date the Letters Patent take effect, within one month of the Letters Patent taking effect; and
(b) in the case of all other Directors, at the time of appointment and, in the case of all other officers, at the time of the commencement of employment.
1.7 Annual Review. Each Director and officer shall regularly review his or her obligations under this Code and shall, on the 1st day of April of each year, provide the Board with a written acknowledgement confirming such review and confirming that, to the best of the knowledge of the Director or officer,
(a) he or she is in compliance with this Code; and
(b) neither he or she, nor any Related Party has a conflict within the meaning of article 2 of this Code.
ARTICLE 2
CONFLICTS OF INTEREST
2.1 Conflicts Generally. A Director or officer shall not allow his or her personal interests or the personal interests of a Related Party to conflict with or to give rise to the appearance of a conflict with the duties and responsibilities of the Director or officer of the Authority or the interests of the Authority.
2.2 Specific Types of Conflicts. Without restricting the generality of section 2.1, the following represent examples of specific matters that give rise to a conflict or an appearance of a conflict on the part of a Director or officer:
(a) Competition with the Authority: A Director or officer or a Related Party engages in any activity or has a material interest in any person that engages in an activity that is in competition or could reasonably be expected to be in competition with the Authority's present or proposed interests;
(b) Acceptance of Offices with Conflicted Entities: A Director or officer accepts an appointment or a nomination for election to an office of, or employment with, any corporation, partnership, foundation, institute, organization, association, or other entity the business or activities of which are or could reasonably be expected to be in conflict with the interests of the Authority.
ARTICLE 3
DISCLOSURE OF CONFLICTS
3.1 Timing of Disclosure. Written disclosure of a conflict or an appearance of a conflict shall be made by a Director or officer forthwith after the Director or officer becomes aware of the conflict or the appearance of a conflict within the meaning of article 2 of this Code.
3.2 Reporting Obligation. Notwithstanding section 3.1, upon appointment, a Director or officer shall make a confidential report in writing to the Executive Officer of all assets and interests other than those assets and interests that are for their private use or that of a Related Party that are not of a commercial nature. The report should include any employment or office held outside the Authority that might place the Director or officer in a conflict situation. Assets and interests that are not subject to the reporting requirement include
(a) residential or recreational property used by Directors, officers, or their families;
(b) government or government-guaranteed securities;
(c) deposits in financial institutions;
(d) pension rights;
(e) investments that are not directly or indirectly self-administered; and
(f) loans receivable from immediate family members and small personal loans.
3.3 Declaration of Interest. For the purposes of this Code, a notice in writing to the Board by a Director or officer providing reasonable particulars of the interest, asset, activity, or position giving rise to a conflict or the appearance of a conflict, together with such other material information relating to the conflict or the appearance of a conflict as shall be reasonably requested by the Board, shall be deemed to be disclosure of the conflict or the appearance of a conflict.
3.4 Voting and Participation. A Director or officer who is in conflict within the meaning of article 2 of this Code shall not participate in discussions or vote on any decision of or provide recommendations to the Board on any matter related to the conflict. A Director or officer must declare his or her conflict, which will be recorded in the minutes of meetings. Notwithstanding the foregoing, a Director or officer may participate in, vote on, and provide recommendations to the Board respecting any matter related to
(a) obligations undertaken by the Director or officer for the benefit of the Authority;
(b) a contract that relates primarily to his or her remuneration as a Director, officer, employee, or agent of the Authority; and
(c) a contract for indemnity in favour of the Director or officer or the Directors or officers.
3.5 Quorum for Meetings of Directors. Nothing contained in section 3.4 shall preclude a Director or officer who is in conflict within the meaning of article 2 of this Code from being counted to determine the presence of a quorum at a meeting of Directors or committee of Directors of the Authority where all or a portion of the business conducted at such meeting is consideration of the transaction or matter giving rise to the conflict, the interpretation of this Code, or a determination or recommendation made pursuant to article 4 of this Code. Notwithstanding the foregoing, a Director or officer who is in conflict shall absent himself or herself from the meeting for the portion of the meeting during which the transaction or matter giving rise to the conflict is considered.
3.6 Similar Transactions. In the case of similar transactions that are, or could reasonably be expected to be, of a recurring nature and that are made or will be made in the ordinary course of the operations of the Authority, a Director or officer who is in conflict as a result of such transactions shall be deemed to have complied with the disclosure requirements of this article 3 if the Director or officer makes a single annual written disclosure to the Board setting out the nature and extent of the conflict arising from the transactions, together with such other information as shall reasonably be requested by the Board,
(a) in the case of the Directors serving or officers employed on the date the Letters Patent take effect, forthwith upon the Letters Patent taking effect; and
(b) in the case of all Directors or officers, including the Directors and officers described in subsection 3.5(a), on or before the 1st day of April of each year to which such disclosure relates; the Director or officer makes a single annual written disclosure to the Board setting out the nature and extent of the conflict arising from the transactions, together with such other information as shall reasonably be requested by the Board.
ARTICLE 4
COMPLIANCE
4.1 Voluntary Activities. When a conflict arises within the meaning of article 2 of this Code, in addition to the disclosure required under article 3 of this Code, a Director or officer may voluntarily undertake one or more of the following actions to address the conflict:
(a) Divestment: selling or causing the sale of the asset or interest giving rise to the conflict to a party that is not a Related Party;
(b) Withdrawal: resigning the position or withdrawing from the activity, or causing the resignation or withdrawal; or
(c) Resignation: resigning, where the Director or officer is unwilling or unable to divest the asset or interest, withdraw from the activity, or resign from the position giving rise to the conflict.
4.2 Voluntary Compliance Not Determinative. Voluntary compliance by a Director or officer with one or more of the measures described in section 4.1,
(a) in the case of a Director, shall not relieve the Director of the duty to comply with such other measures as may be determined by the Appointing Body appointing the Director to be appropriate in connection with a conflict or an appearance of conflict; and
(b) in the case of an officer, shall not relieve the officer of the duty to comply with such other measures as may be determined by the Board to be appropriate in connection with a conflict or an appearance of conflict.
4.3 Determination by Board. Where a disclosure is made to the Board by a Director or officer pursuant to article 3 of this Code or facts are brought to the attention of the Board that indicate a conflict or appearance of conflict or failure to comply with this Code by a Director or officer, the Board shall forthwith determine
(a) whether the Director or officer is in a conflict within the meaning of article 2 of this Code;
(b) whether the Director or officer has failed to comply with this Code;
(c) whether the conflict has been or will be satisfactorily addressed through
(i) disclosure by the Director or officer,
(ii) the Director or officer undertaking one or more of the actions described in section 4.1, or
(iii) the Director or officer undertaking actions other than those described in paragraphs 4.3(c)(i) and (ii);
(d) in the case of an officer, the measures to be taken by the officer to address the conflict and any sanctions to be imposed upon the officer in connection with a failure by the officer to comply with this Code; and
(e) in the case of a Director, whether to ask the Director to resign.
4.4 Opportunity to Be Heard. The Board shall provide a Director or officer with an opportunity to be heard in connection with a determination made pursuant to section 4.3.
4.5 Notification of Determination Respecting Officer. Upon making a determination pursuant to section 4.3 in respect of an officer, the Board shall forthwith provide the officer with written notification of the determination, including the reasons therefor, together with any direction of the Board to be complied with by the officer.
4.6 Notification of Determination Respecting Director. Where the Board has determined that a Director has failed to comply with this Code, the Board shall forthwith provide the entity that has appointed such Director to the Board with written notification of the failure to comply, along with full particulars of the circumstances giving rise thereto.
ARTICLE 5
ACCEPTANCE OR OFFERING OF GIFTS
5.1 Acceptance or Offering of Gifts. No Director or officer shall offer Gifts to, or accept Gifts from, users or potential users without the prior written consent of the Board. Notwithstanding the foregoing, Gifts may be accepted or offered provided that
(a) the Gift is not in the form of cash or cash equivalent;
(b) the Gift is not intended to be, and is neither in such form nor of sufficient value such that it could reasonably be construed to be, a bribe or other improper payment; and
(c) the Gift is of minimal value and the acceptance of the Gift is in accordance with customary business practice.
ARTICLE 6
INSIDE INFORMATION
6.1 Use of Information. A Director or officer shall not use any information obtained in connection with his or her position with the Authority for personal benefit or for the benefit of any other person unless such information has been disclosed to the public or has been made available to the public.
6.2 Disclosure of Confidential Information. Subject to section 6.3, no Director or officer shall disclose any information concerning the business and affairs or proposed business and affairs of the Authority acquired in connection with his or her position with the Authority ("Confidential Information") that has not been disclosed to the public or been made available to the public without the prior written consent of the Board.
6.3 Permitted Disclosures. A Director or officer may disclose Confidential Information
(a) to the extent that the disclosure is reasonably necessary in connection with the performance of the duties and responsibilities of the Director or officer;
(b) to the extent that disclosure is required by law; or
(c) to inform the Partners Committee of the normal business of the Authority unless the disclosure of that information would conflict with the fiduciary duties of the Director or officer.
ARTICLE 7
OUTSIDE EMPLOYMENT
7.1 Offers of Employment or Appointment. In discharging his or her duties and responsibilities to the Authority, a Director or officer shall not allow the performance of such duties and responsibilities to be affected by offers or potential offers of outside employment or appointment.
7.2 Disclosure of Offer. A Director or officer who receives a firm offer of employment or appointment that may affect the performance of the Director's or officer's duties or responsibilities shall forthwith disclose the offer to the Board in writing.
[27-1-o]
S.C. 1999, c. 33
Supplement, Canada Gazette, Part I, January 31, 1998
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