ARCHIVED — GOVERNMENT NOTICES

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Vol. 142, No. 51 — December 20, 2008

DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE

CONSULTATIONS ON POSSIBLE COMPREHENSIVE ECONOMIC AGREEMENT NEGOTIATIONS WITH THE EUROPEAN UNION

The Government of Canada is seeking the views of Canadians on the scope of a possible comprehensive economic agreement between Canada and the European Union (EU).

This notice is part of the Government of Canada’s domestic consultation process with business, citizen-based organizations and individual Canadians, as well as with provincial and territorial governments, to obtain advice and views on priorities, objectives and concerns to help outline the parameters of this initiative.

Background

At the Canada-EU Summit in Berlin in June 2007, Canada and the EU agreed, inter alia, to study the costs and benefits of a closer economic partnership by examining existing barriers, especially non-tariff, to the flow of goods, services and capital, and by estimating the potential benefits of removing such barriers.

Released on October 16, 2008, the study Assessing the Costs and Benefits of a Closer EU-Canada Economic Partnership shows that there are important benefits for both sides to pursuing a closer economic partnership. The results of the economic modelling indicate the potential GDP gains from liberalizing goods and services trade of up to $12 billion (or €8.2 billion) for Canada and $17 billion (€11.6 billion) for the EU in the first seven years after liberalization (see footnote 1). The study also shows potential for increased cooperation ranging from labour mobility to energy, environment to regulatory cooperation and science and technology.

Based in part on the results of the study, Canada and the EU committed at the October 2008 Summit in Québec to defining the parameters of a comprehensive economic agreement, with a view to launching negotiations as soon as possible in 2009.

The Canada-EU commercial relationship is strong and has the potential for greater long-term growth. The EU is Canada’s second-most important partner for trade, investment and innovation. In 2007, bilateral goods and services trade between Canada and the EU totalled $109.4 billion, with almost 20% growth in Canadian exports from 2006 to 2007. Canada’s goods exports to the EU totalled $38.3 billion in 2007, with top goods exports consisting of chemicals, transport equipment, metals, minerals, machinery and equipment, electronic equipment, paper products, and processed foods. Imported goods from the EU amounted to $42.3 billion in 2007 and consisted primarily of machinery and equipment, chemicals, motor vehicles and parts, transport equipment, petroleum, beverages and tobacco, processed foods and metal products. Canada exported $12.8 billion in services to the EU, while importing $16.0 billion in 2007.

The EU marketplace is large and diverse, with a secure legal and business framework. Approximately one third of the Fortune Global 500 firms have chosen to locate their global headquarters in the EU, making it a critical player in global value chains. Home to important financial centres, the EU is an important source of investment capital for Canadian firms. The EU is a major, well-established player in global science and technology through strategies for the promotion of science and technology, and well-funded research programs such as the Seventh Research Framework Program (FP7).

Canada is the EU’s fourth-largest investor, with stock of Canadian direct investment in the EU reaching $122.5 billion at the end of 2007, representing almost one fourth of all Canadian direct investment abroad. The EU represents the second-largest source of foreign investment in Canada, with investment stock in Canada amounting to $136.5 billion by the end of 2007.

The EU’s influence extends beyond its economic position. Four of the eight G8 members and two of the five permanent members of the United Nations Security Council are EU member states. There is growing consensus in the EU on foreign policy issues such as global security, terrorism and energy security—meaning that the EU will speak with an increasingly unified and prominent voice in the international sphere.

The EU has concluded several trade agreements, including with Israel (2000), Chile (2003), Mexico (2000) and Lebanon (2006) among others. The EU also has concluded economic partnership agreements (EPAs) with CARIFORUM (which represents 15 countries). The EU is undertaking negotiations with several partners such as India, China, Mercosur and the Association of Southeast Asian Nations (ASEAN).

The EU and Canada have signed a number of bilateral, sectoral agreements designed to facilitate closer trade. These include agreements on cooperation between EU and Canadian customs administrators (1997) to combat fraud and to facilitate trade, and a veterinary agreement (1999) aiming to improve bilateral trade in live animals and animal products. A wine and spirits agreement was signed in 2003 and a civil aviation safety agreement was initialled in 2007.

Additional information on Canada’s relationship with the EU can be found at

Submissions by interested parties

The Government is embarking on a public consultation process to allow all interested stakeholders an early opportunity to provide comments, input and advice on a possible comprehensive economic agreement with the EU. It is essential that the Government of Canada be fully aware of the interests and potential sensitivities of Canadians with respect to this initiative. We welcome advice and views on any priorities, objectives and concerns relating to a possible comprehensive economic agreement with the EU. In particular, we are seeking views with respect to the following:

  • Opinions on areas of goods export interest, including products that would benefit from the removal of tariffs and other barriers by the EU. The Government is also seeking views on market access liberalization for EU products in the Canadian market, including opinions on the elimination of tariffs (e.g. tariff phase-outs).
  • Advice and views on trade in services, particularly the identification of sectors/activities of export interest for Canadian service providers, and opinions on regulatory domestic measures that affect/restrict market access for Canadian service providers.
  • Advice, views and experiences regarding temporary entry and immigration issues for business travellers.
  • Advice, views and experience regarding measures affecting exports destined for the EU, including non-tariff barriers (such as import licensing), technical barriers to trade (including technical regulations, standards and/or conformity assessment procedures), and sanitary and phytosanitary measures.
  • Views on general rules-of-origin issues and/or advice on appropriate rules of origin or procedures for specific products or sectors.
  • Suggestions on “trade facilitation” issues (e.g. significant impediments related to import procedures).
  • Advice, views and experiences regarding customs procedures and commercial goods entering and/or leaving the EU.
  • Advice, views and experiences regarding investment barriers faced by Canadian investors in the EU, including restrictions imposed on foreign ownership or entry to market, questions of transparency of regulation, performance requirements (i.e. local content requirements, use of local labour and services), or any other impediments/barriers.
  • Advice and views on priority government procurement markets for Canadian suppliers in the EU, including the government entities or enterprises of interest to Canadian suppliers, and the goods, services or construction services that Canadian suppliers are interested in selling to those government organizations.
  • Advice, views and experiences regarding barriers (e.g. availability and transparency of information, domestic preferences) when selling or attempting to sell to governments in the EU.
  • Views and experiences with the protection of intellectual property rights.
  • Advice and views on competition policy matters, including development of possible cooperation mechanisms.
  • Views on ways to reflect the interests and values of Canadians in the areas of environmental protection, workers’ rights, human rights, transparency in business and commercial practices and other social concerns, as they relate to the EU.
  • Advice and views on ways to enhance the bilateral economic relationship, such as cooperation on science and technology.
  • Views on other related issues not mentioned above.

All interested parties are invited to submit their views by January 20, 2009. Please be advised that any information received as a result of this consultation will be considered as public information, unless explicitly stated otherwise. Submissions should include

1. the contributor’s name and address and, if applicable, his/her organization, institution or business;

2. the specific issues being addressed; and

3. precise information on the rationale for the positions taken, including any significant impact these may have on Canada’s domestic or foreign interests.

Contributions can be sent by email to consultations@international.gc.ca, by fax at 613-944-3489, or by mail to Trade Negotiations Consultations (European Union), Foreign Affairs and International Trade Canada, Regional Trade Policy Division (TBB), Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario K1A 0G2.

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Adair, Elaine J.

2008-1828

Supreme Court of British Columbia

 

Judge

 

Amyot, Denise

2008-1831

National Museum of Science and Technology

 

Director

 

Barry, Judith

2008-1824

National Council of Welfare

 

Member

 

Bateman, The Hon. Nancy

2008-1840

Government of Nova Scotia

 

Administrator

 

January 4 to 14, 2009

 

Canada Pension Plan

 

Review Tribunal

 

Members

 

Boehm, Ronald John — Nanaimo

2008-1812

Byrne, Lianne Marcella — Mississauga

2008-1815

Chasles, Gilles — Ottawa

2008-1817

Cyr, John Arthur — Thunder Bay

2008-1818

Greener, David Raymond — Kentville

2008-1820

McKenzie, David John — Kitchener

2008-1814

Myatt, Reginald Donald — Halifax

2008-1822

Positano, Tina Marie — Etobicoke

2008-1813

Prisco, Nestor John — North Bay

2008-1816

Robichaud, Gilles Benoit — Yarmouth

2008-1823

Rose, Patricia Eileen — Kentville

2008-1821

Tassé, Marleen — Gatineau

2008-1819

Deloitte & Touche LLP

2008-1827

Auditor

 

Revera Inc.

 

Deloitte & Touche LLP

2008-1826

Auditor

 

and

 

Auditor General of Canada

 

Joint auditor

 

Public Sector Pension Investment Board

 

Dohm, The Hon. Patrick

2008-1838

Government of British Columbia

 

Administrator

 

December 22, 2008, to January 2, 2009

 

Employment Insurance Act

 

Chairpersons of the Boards of Referees

 

Alberta

 

Crarer, Jacqueline Irma — Calgary

2008-1807

Wicks, Laura Joyce — Calgary

2008-1808

British Columbia

 

Gray, Robert Earl — Lower Mainland

2008-1809

Manitoba

 

Fedorkiw, Luba — Winnipeg

2008-1806

Ontario

 

Currah, Brian Norman — Kitchener

2008-1802

Hazen, John Douglas — Ottawa

2008-1804

McIntosh, Bruce — Toronto

2008-1805

Pritchard, John Joseph — Mississauga

2008-1803

Quebec

 

Bouchard, Perle — Cantons de l’Est

2008-1799

Massicotte, Nicole — Sainte-Thérèse

2008-1801

Moreau, Luc — Montréal

2008-1800

Yukon

 

Cross, Neil Denton — Whitehorse

2008-1811

Huston, Nancy Louise — Whitehorse

2008-1810

Jollimore, Elizabeth, Q.C.

2008-1829

Supreme Court of Nova Scotia — Family Division

 

Judge

 

Nova Scotia Court of Appeal

 

Judge ex officio

 

Krentz, Hugh A.

2008-1797

Standards Council of Canada

 

Member and Chairperson

 

Mayer, Marc

2008-1830

National Gallery of Canada

 

Director

 

McKenzie, Michele Mary

2008-1798

Canadian Tourism Commission

 

President

 

McQuaid, The Hon. John A.

2008-1839

Government of Prince Edward Island

 

Administrator

 

December 24 to 29, 2008

 

Mercier, Lyne

2008-1825

National Energy Board

 

Member

 

Shepherd, Karen

2008-1832

Commissioner of Lobbying

 

Smith, The Hon. Gene Anne

2008-1837

Government of Saskatchewan

 

Administrator

 

December 19 to 26, 2008

 

January 10 to February 1, 2009

 

December 11, 2008

JACQUELINE GRAVELLE
Manager

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMBR-005-08 — Interim agreement between Canada and the United States concerning digital television (DTV)

This notice announces the release of an exchange of letters between Industry Canada and the U.S. Federal Communications Commission (FCC) that outlines the details of an interim agreement between the two administrations concerning digital television (DTV) broadcasting along the common border until both countries complete their transition from analogue to DTV.

This interim agreement supplements existing agreements between Canada and the United States entitled Letter of Understanding Between the Federal Communications Commission of the United States of America and Industry Canada Related to the Use of the 54-72 MHz, 76-88 MHz, 174-216 MHz and 470-806 MHz Bands for the Digital Television Broadcasting Service Along the Common Border and Agreement Between the Government of Canada and the Government of the United States of America Relating to the TV Broadcasting Service and the Associated Working Arrangement. Furthermore, it formalizes the Canadian and U.S. post-transition allotments and assignments within 360 km of the common border.

The letters and the associated allotment tables have been placed on Industry Canada’s Web site under “Terrestrial Broadcasting Agreements and Arrangements (TBAA).”

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at http://ic.gc.ca/ spectrum.

Official versions of Canada Gazette notices can be viewed at http://canadagazette.gc.ca/partI/index-e.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

December 20, 2008

MARC DUPUIS
Director General
Spectrum Engineering Branch

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMBR-006-08 — Publication of the Digital Television (DTV) Post-Transition Allotment Plan

This notice announces the publication of the Digital Television (DTV) Post-Transition Allotment Plan. This Plan provides for the operation of DTV undertakings when the analogue television service in Canada ceases operation, at which time it will replace the DTV Transition Allotment Plan. The allotments listed in this Plan may be used before analogue television operations in Canada are terminated if they are compatible with the DTV Transition Allotment Plan.

Applications for post-transition DTV stations must be filed by August 31, 2011. After that date, Industry Canada may amend and publish the amended Plan, with allotment associations removed for those who have not applied.

To encourage the implementation of DTV, the Department also finds it necessary to further restrict the criteria for applications for broadcasting certificates for television stations, as indicated in the Department’s advisory letter to the Canadian Radio-television and Telecommunications Commission (CRTC) dated September 26, 2006. Effective on the publication date of this notice, the Department will not normally consider applications for new regular power analogue operations regardless of channel. Applications for changes to existing analogue facilities will be considered only if there is no additional impact on spectrum utilization.

Industry Canada is also in the process of developing new Broadcast Procedures and Rules (BPR) for post-transition DTV. In the interim, applications based on the post-transition plan can be made using the filing procedures described in Broadcast Procedures and Rules, Part 7 (BPR-7). BPR-7 can also be used to establish radio frequency (RF) compatibility relative to analogue TV National Television Systems Committee (NTSC) operations. However, the RF compatibility rules relative to DTV operations are currently under review as part of the development of the new BPR. Applicants are invited to contact the appropriate departmental representatives to obtain guidance on these aspects until Industry Canada publishes the new BPR.

Any inquiries should be directed to the Manager, Broadcast and Multimedia-Terrestrial, 613-990-4953 (telephone), 613-991-0652 (fax), broadcast.gazette@ic.gc.ca (email).

Submitting comments

Interested parties should submit their comments within 60 days of the date of publication of this notice. Soon after the close of the comment period, all comments received will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at http://ic.gc.ca/spectrum.

Respondents are requested to provide their comments in electronic format (WordPerfect, Microsoft Word, Adobe PDF or ASCII TXT) to the Manager, Broadcast and Multimedia-Terrestrial, along with a note specifying the software, version number and operating system used.

Written submissions should be addressed to the Director General, Spectrum Engineering, 300 Slater Street, Ottawa, Ontario K1A 0C8.

All submissions should cite the Canada Gazette, Part I, the publication date, title and notice reference number (SMBR-006-08).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on Industry Canada’s Spectrum Management and Telecommunications Web site at http://ic.gc.ca/ spectrum.

Official versions of Canada Gazette notices can be viewed at http://canadagazette.gc.ca/partI/index-e.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Canadian Government Publishing at 613-941-5995 or 1-800-635-7943.

December 20, 2008

MARC DUPUIS
Director General
Spectrum Engineering Branch

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NOTICE OF VACANCIES

CANADA EMPLOYMENT INSURANCE FINANCING BOARD

Chairperson and Directors of the Board of Directors (seven part-time positions)

The Canada Employment Insurance Financing Board (CEIFB) is a federal Crown corporation established by the Canada Employment Insurance Financing Board Act (CEIFB Act) that came into force in June 2008. The CEIFB reports to Parliament through the Minister of Human Resources and Skills Development Canada (HRSDC). Pursuant to section 4 of the CEIFB Act and amendments to the Employment Insurance Act (EI Act), the CEIFB is responsible for

  • setting the premium rate under section 66 of the EI Act;
  • maintaining a reserve in accordance with that section of the EI Act;
  • managing any amounts paid to the Board under section 77.1 of the EI Act; and
  • investing the CEIFB’s financial assets with a view to meet its financial obligations.

The CEIFB sets the premium rate for each year in order to generate just enough premium revenue during that year to cover expected payments, and to ensure that the Board’s reserve is maintained at its target level. The premium rate-setting mechanism takes into account any surpluses or deficits that arise on a go-forward basis to ensure that program revenues balance with expenditures over time. In setting the rate, the Board takes into account information provided by the Minister of HRSDC and the Minister of Finance; differences between EI revenues and expenditures; investment income; and other specified information, including any information that the CEIFB considers relevant. The Board also oversees the management of an initial reserve of $2 billion, which will be indexed annually as prescribed by regulation.

In addition to these primary responsibilities, the CEIFB’s Board of Directors is also responsible for

  • establishing written investment policies, standards and procedures on an annual basis in accordance with section 23 of the CEIFB Act;
  • monitoring the officers and employees of the Board to ensure compliance with the investment policies, standards and procedures;
  • establishing procedures for the identification and the resolution of real or potential conflicts of interest;
  • establishing a code of conduct for officers and employees of the Board;
  • designating one of its committees to monitor the application of the conflict of interest procedures and the code of conduct;
  • appointing the Chief Executive Officer and the Chief Actuary;
  • approving the annual financial statements or any other financial statements issued by the Board;
  • approving the corporate vision, strategic objectives and policies prepared by the management team;
  • approving the investment strategy prepared by the management team, consistent with the regulations issued by the Minister of Finance; and
  • approving the strategic and operational plans prepared by the management team.

Human Resources and Skills Development Canada continues to be responsible for EI benefits to ensure that the EI program meets the needs of Canadians and, through Service Canada, is delivered efficiently and effectively.

The CEIFB is governed by a board of seven directors, including the Chairperson. They are appointed by the Governor in Council, on the recommendation of the Minister of HRSDC, to hold office during good behaviour for a term not exceeding four years. A director is eligible for reappointment for one or more terms.

The Minister of HRSDC is supported by a nominating committee that consists of a chairperson, the Employment Insurance Commissioner for Workers, and the Employment Insurance Commissioner for Employers pursuant to subsection 10(1) of the CEIFB Act. The nominating committee is responsible for establishing and maintaining a list with a sufficient number of candidates to fill any vacancies on the Board of Directors that may arise, in accordance with subsection 10(7) of the CEIFB Act.

The nominating committee is to establish a list of proposed candidates to the Minister of HRSDC and, following the Minister’s recommendations, members of the Board of Directors for the CEIFB will be appointed by the Governor in Council.

The nominating committee is currently working to establish a list of proposed candidates for the founding Board of Directors. A recruitment firm has been engaged by the nominating committee to assist in this work.

The CEIFB will be supported by officers and staff approved in the Corporate Plan, and will be located in the National Capital Region.

Inadmissibility

Members of the Board of Directors, including the chairperson must not be

  • a person who is less than 18 years of age;
  • a person who is of unsound mind and has been so found by a court in Canada or elsewhere;
  • a person who has the status of a bankrupt;
  • a person who is not a natural person;
  • a member of the nominating committee established under subsection 10(1) of the CEIFB Act;
  • a person who is an agent, mandatary or employee of Her Majesty in right of Canada or in right of a province;
  • a person who is a member of the Senate or House of Commons of Canada or a member of a provincial legislature;
  • a person who is an agent, mandatary or employee of the government of a foreign country or any political subdivision of a foreign country; and
  • a person who is not a resident of Canada.

Chairperson (part-time position)

The Chairperson provides leadership and guidance to the Board of Directors in overseeing the approved strategic direction of the corporation, and ensures the proper conduct of meetings in order that the Board carries out its mandate and objectives effectively.

The successful candidate must have a degree from a recognized university in a relevant field of study or a combination of equivalent education, job-related training and experience. This candidate must also be a financial expert or be financially literate.

The position requires significant board experience, preferably as a chairperson, and significant experience in managing human and financial resources at the senior executive level. Experience in the financial, investment, economics or insurance sector is also required. The successful candidate must have experience in dealing with government, preferably with senior government officials. Experience in the development of strategies, objectives and plans, corporate governance and best business practices would be an asset.

The successful candidate must be knowledgeable of the CEIFB mandate, the CEIFB Act, and other relevant federal legislation.

The successful candidate must have strong leadership skills and the ability to communicate effectively. The ability to foster debate and discussion among directors, facilitate consensus and manage conflicts, should they arise, is essential.

Motivated by challenge and change, the ideal candidate must be objective, adhere to high ethical standards and integrity, and possess sound judgement and superior interpersonal skills.

Proficiency in both official languages would be an asset.

Directors (part-time positions)

The successful candidates must have a degree from a recognized university in a relevant field of study or a combination of equivalent education, job-related training and experience. All directors must be financially literate, and at least two of the directors are required to be financial experts.

Each successful candidate must have significant experience in a management/leadership role, and considerable board experience. Each director must also have experience in working collaboratively with stakeholders and board members or senior executives in large public and private sector organizations.

Collectively, directors must possess experience in short-term investment fund management, economics, actuarial services, financial management and reporting, human resources management and legal services.

Directors must be knowledgeable of the CEIFB mandate, the CEIFB Act and other relevant federal legislation, and possess a good understanding of the role of the Board of Directors.

All directors must have the ability to contribute to the debates and discussions of the Board, and the ability to communicate effectively. Finally, candidates being considered for these positions must be objective, adhere to high ethical standards and integrity, and possess sound judgement and superior interpersonal skills.

Proficiency in both official languages would be an asset.

The Directors and the Chairperson must be willing to travel and participate in approximately six in-person Board of Directors meetings per year. They may also be required to participate in occasional committee meetings or conference calls. During the first year of implementation, additional meetings are expected.

The per diem payable to the Chairperson and Directors will be in the range of $360 to $420. The Chairperson will receive an annual retainer in the range of $9,200 to $10,800 and each Director will receive an annual retainer in the range of $4,600 to $5,400.

The Government is committed to ensuring that its appointments are representative of Canada’s regions and official languages, as well as of women, Aboriginal peoples, disabled persons and visible minorities.

The candidates appointed to the Chairperson and Directors positions must comply with the Ethical Guidelines for Public Office Holders and the Guidelines for the Political Activities of Public Office Holders. The guidelines are available on the Governor in Council Appointments Web site, under Reference Material, at www.appointments-nominations.gc.ca.

The selected candidates for the Chairperson and Directors positions will be subject to the Conflict of Interest Act. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner’s Web site at http://ciec-ccie.gc.ca.

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.

Additional information about the Board and its activities can be found at www.hrsdc.gc.ca/en/employment/ei/index.shtml.

Interested candidates should forward their curriculum vitae by Tuesday, January 20, 2009, to the Director General, Canada Employment Insurance Financing Board Task Team, Human Resources and Skills Development Canada, 140 Promenade du Portage, 3rd Floor, Gatineau, Quebec K1A 0J9, 819-997-4436 (fax), CEIFB-OFAEC@hrsdc-rhdsc.gc.ca (email).

Bilingual notices of vacancies will be produced in alternative formats (audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Ontario K1A 0S5, 613-941-5995 or 1-800-635-7943.

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Toronto Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT, INFRASTRUCTURE AND COMMUNITIES

WHEREAS Letters Patent were issued by the Minister of Transport for the Toronto Port Authority (the “Authority”) under the authority of the Canada Marine Act (“Act”) effective June 8, 1999;

WHEREAS Article 4 of the Letters Patent sets out the number of directors, between seven and eleven, to be appointed under section 14 of the Act;

AND WHEREAS pursuant to section 9 of the Act, the Minister has given notice to the board of directors of the Authority of a proposal to amend the Letters Patent, principally Article 4;

NOW THEREFORE, under the authority of section 9 of the Act, the letters patent are amended as follows:

1. The definition “user director” in section 1.2 of the Letters Patent is replaced by the following:

“user director” means a director to be appointed pursuant to subsection 4.6(d) or subsection 4.6(e); (Administrateur représentatif des utilisateurs)

2. Section 4.3 of the Letters Patent is replaced by the following:

4.3 Number of Directors. The Board shall consist of nine (9) directors.

3. (a) Section 4.6 of the English version of the Letters Patent is amended by deleting the word “and” at the end of subsection (c).

(b) Subsection 4.6(d) of the Letters Patent is replaced by the following:

(d) the Governor in Council appoints four (4) individuals nominated by the Minister in consultation with the users selected by the Minister, or the classes of users mentioned in Schedule D of these Letters Patent;

(e) the Governor in Council appoints the remaining two (2) individuals nominated by the Minister in consultation with the users selected by the Minister, or the classes of users mentioned in Schedule D of these Letters Patent.

4. (a) Section 4.7 of the Letters Patent is amended by deleting the word “and” at the end of subsection (b).

(b) Subsection 4.7(c) of the Letters Patent is replaced by the following:

(c) the initial term of two (2) of the four individuals nominated by the Minister and appointed by the Governor in Council pursuant to subsection 4.6(d) of the Letters Patent shall be:

(i) for one (1) of the nominees, a period of one (1) year;

(ii) for the other nominee, a period of two (2) years;

(d) the initial term of the two (2) individuals nominated by the Minister and appointed by the Governor in Council pursuant to subsection 4.6(e) of the Letters Patent shall be:

(i) for one (1) of the nominees, a period of two (2) years;

(ii) for the other nominee, a period of three (3) years.

5. Subsection 4.16(a) of the Letters Patent is replaced by the following:

(a) no later than four (4) months prior to the expiry of the term of office of a director appointed by the Governor in Council under subsection 4.6(a), by the City of Toronto under subsection 4.6(b), by the province of Ontario under subsection 4.6(c) or by the Governor in Council under subsection 4.6(d) or subsection 4.6(e) of these Letters Patent, notify the appropriate Appointing Body that the term of their appointee on the Board is about to expire and request a new or renewed appointment as the Appointing Body considers appropriate;

6. The introductory paragraph of section 4.17 of the Letters Patent and subsections (a) and (b) of that section are replaced by the following:

4.17 Nomination Process for User Directors. The classes of users established for the purpose of providing candidates for user director positions are listed in Schedule D of these Letters Patent. Each class of users is responsible for providing candidates for one position mentioned in subsection 4.6(d). Classes 1, 3 and 4 are responsible for providing candidates for one position mentioned in subsection 4.6(e), and Class 2 is responsible for providing candidates for the other position mentioned in that subsection. With a view to ensuring that the length of any user director vacancy is minimized, the chief executive officer of the Authority, or such other person who may be designated by the Board in the absence of the chief executive officer, shall facilitate and provide administrative support for the following processes:

(a) within six months of the date that these Letters Patent become effective, the chief executive officer shall cause meetings to be held with each class of users specified in Schedule D for the purpose of notifying each class of users to establish a nominating committee to be comprised of not less than three (3) members and not more than five (5) members, which is to be responsible for the development of procedures for soliciting, receiving and reviewing the proposals by their respective class of users for the nomination of candidates for the positions mentioned in subsection 4.6(d) of the Letters Patent; these procedures are to include the following:

(i) the use of public notices in newspapers and trade journals, and any other methods, to advertise the vacancy of a user director position and to solicit the submission of names of candidates to fill such position; and

(ii) the review of the candidates to ensure that each has the skills, background and experience required of directors of the Authority and that each is eligible to be appointed as a director under the Act;

(a.1) with respect to the initial appointment of each of the directors to first occupy the two director positions referred to in subsection 4.6(e) of these Letters Patent, the Minister may proceed in any manner he deems appropriate to consult the users he selects or the classes of users mentioned in Schedule D of these Letters Patent; the chief executive officer shall comply with any instructions that the Minister may provide with respect to this consultation;

(b) in the event of a vacancy for a user director position, or at least four (4) months in advance of an anticipated vacancy for such position—whether a position set out in subsection 4.6(d) or subsection 4.6(e) of these Letters Patent—, the chief executive officer shall contact the nominating committee of the appropriate class or classes of users, to request that such nominating committee(s) provide candidates for the relevant user director position; the nominating committee, or if several are called to appoint a director under subsection 4.6(e), the nominating committees acting jointly, shall then carry out its (their) functions in accordance with the procedures established under subsection (a) above with a view to providing the Minister with a list of candidates within thirty (30) days of request from the chief executive officer.

Issued under my hand this 12th day of December 2008.

JOHN BAIRD, P.C., M.P.
Minister of Transport, Infrastructure and Communities

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Footnote 1
Using the annual average rate in 2007, €1=C$1.4691.