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Vol. 145, No. 2 — January 8, 2011

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-03503 authorizing the loading for disposal and the disposal of waste or other matter at sea is amended as follows:

3. Duration of permit: Permit is valid from March 1, 2011, to February 29, 2012.

14.2. The loading and transit activities referred to under this permit shall be carried out in accordance with the following measures:

  • (a) A Fisheries and Oceans Canada approved marine mammal observer (during the period from May 1 to October 31) or officer of the bridge (during the period from November 1 to April 30) must be dedicated to maintaining constant observations for detecting marine mammals in the ship’s vicinity prior to and during loading and transit activities in resident killer whale critical habitat:
    • (i) A killer whale “Safety Zone” must be established at a radius of 1 000 m from the vessels undertaking the loading and transit activities,
    • (ii) If any killer whale is observed within the “Safety Zone,” all operations shall be suspended and notification provided to the local fishery officer or the Fisheries and Oceans Canada reporting hotline at 1-800-465-4336 as well as to Ms. Roanna Leung, identified in paragraph 13.2, and
    • (iii) Works (loading and transit activities) can start, or be re-initiated, only after killer whales have not been observed in the “Safety Zone” for 30 minutes; and
    (b) An environmental monitoring report shall be submitted to Fisheries and Oceans Canada, c/o Brian Naito, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, 604-666-6627 (fax), brian.naito@dfo-mpo.gc.ca (email), or Tola Coopper, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, 604-666-0417 (fax), tola. coopper@dfo-mpo.gc.ca (email) and to Environment Canada, c/o Ms. Roanna Leung, identified in paragraph 13.2, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. The report shall include details on the loading and transit activities in resident killer whale critical habitat and any observations from the marine mammal observer and officer of the bridge, including the following:
    • (i) Date, time and position (latitude and longitude), species and number of all killer whale observations,
    • (ii) Date and time of all work stoppages or start-up delays because of killer whales, and the number of animals, and
    • (iii) Detailed description(s) of all observations of killer whale disturbance or other impacts.

DANIEL WOLFISH
Regional Director
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-03510 authorizing the loading for disposal and the disposal of waste or other matter at sea is amended as follows:

6. Method of loading: Loading will be carried out using cutter suction dredge, barge-mounted excavator, or clamshell dredge.

15.1. The loading and disposal at sea referred to under this permit shall be carried out in accordance with the mitigation measures summarized in the reports titled “Environmental Assessment Report - Vancouver Pile Driving Ltd. - Maintenance dredging of various sites in the Fraser River estuary, Vancouver harbour, Victoria harbour or near Vancouver Island, and subsequent disposal at sea 4543-2-03510” (August 2010) and “Environmental Assessment Report - Vancouver Pile Driving Ltd. - Amendment to Disposal at Sea Permit No. 4543-2-03510 - Maintenance dredging of various sites and subsequent disposal at sea 4543-2-03510” (December 2010).

DANIEL WOLFISH
Regional Director
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to three substances

Whereas the three substances set out in Annex 1 to this Notice are specified on the Domestic Substances List;

Whereas the Minister of the Environment and the Minister of Health have conducted a screening assessment of each of those substances, under section 74 of the Canadian Environmental Protection Act, 1999, and have released a summary of the results of this process under subsection 77(1) of that Act on January 8, 2011, in the Canada Gazette, Part I, for a 60-day public comment period;

Whereas the Ministers are satisfied that those substances are not being manufactured in or imported into Canada by any person in a quantity of more than 100 kg in any one calendar year;

And whereas the Ministers suspect that a significant new activity in relation to any of those substances may result in the substance becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Therefore, notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to those substances in accordance with Annex 2.

Public comment period

Any person may, within 60 days of publication of this Notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this Notice and be sent to the Executive Director, Program Development and Engagement Division, Environment Canada, Gatineau, Quebec K1A 0H3, 819-953-7155 (fax), Substances@ec.gc.ca (email).

The screening assessment reports for these substances may be obtained from the Government of Canada’s Chemical Substances Web site at www.chemicalsubstanceschimiques.gc.ca.

In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this Notice may submit with the information a request that it be treated as confidential.

GEORGE ENEI
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

ANNEX 1

The substances to which the present Notice applies are

1. 1H-Indene, 2,3-dihydro-1,1,3,3,5-pentamethyl-4,6-dinitro- (Chemical Abstracts Service [CAS] Registry No. 116-66-5);

2. Ethanamine, N-ethyl-N-hydroxy-, reaction products with hexamethylcyclotrisiloxane, silica and 1,1,1-trimethyl-N-(trimethylsilyl)silanamine (CAS Registry No. 68583-58-4); and

3. Pyridine, 2-[3-(3-chlorophenyl)propyl]- (CAS Registry No. 101200-53-7).

ANNEX 2

1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:

116-66-5

68583-58-4

101200-53-7

2. Part 2 of the List is proposed to be amended by adding the following:

Column 1
Substance

Column 2
Significant New Activity for which substance is subject to subsection 81(3) of the Act

116-66-5 S′

  1. Any activity involving, in any one calendar year, more than 100 kg of the substance 1H-Indene, 2,3-dihydro-1,1,3,3,5-pentamethyl-4,6-dinitro-.
  2. For each significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in any one calendar year:
    • (a) a description of the proposed new activity in relation to the substance; and
    • (b) the information specified in Schedule 6 to the New Substances Notification Regulations (Chemicals and Polymers).
    The above information will be assessed within 90 days after the day on which it is received by the Minister.

68583-58-4 S′

  1. Any activity involving, in any one calendar year, more than 100 kg of the substance Ethanamine, N-ethyl-N-hydroxy-, reaction products with hexamethylcyclotrisiloxane, silica and 1,1,1-trimethyl-N-(trimethylsilyl)silanamine.
  2. For each significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in any one calendar year:
    • (a) a description of the proposed new activity in relation to the substance;
    • (b) the information specified in Schedule 6 to the NewSubstances Notification Regulations (Chemicals and Polymers);
    • (c) the analytical information to determine the average particle size and particle size distribution of the substance;
    • (d) the information describing the agglomeration or aggregation state, shape, surface area and surface charge of the substance; and
    • (e) the analytical information to determine the percent surface treatment.
    The above information will be assessed within 90 days after the day on which it is received by the Minister.

101200-53-7 S′

  1. Any activity involving, in any one calendar year, more than 100 kg of the substance Pyridine, 2-[3-(3-chlorophenyl)propyl]-.
  2. For each significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the quantity of the substance exceeds 100 kg in any one calendar year:
    • (a) a description of the proposed new activity in relation to the substance; and
    • (b) the information specified in Schedule 6 to the New Substances Notification Regulations (Chemicals and Polymers).
    The above information will be assessed within 90 days after the day on which it is received by the Minister.

COMING INTO FORCE

3. The Order would come into force on the day on which it is registered.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2010-66-12-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added the substance referred to in the annexed Order to the Domestic Substances List (see footnote b);

Therefore, the Minister of the Environment, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999 (see footnote c), hereby makes the annexed Order 2010-66-12-02 Amending the Non-domestic Substances List.

Gatineau, December 22, 2010

JOHN BAIRD
Minister of the Environment

ORDER 2010-66-12-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part I of the Non-domestic Substances List (see footnote 1) is amended by deleting the following:

92257-31-3

COMING INTO FORCE

2. This Order comes into force on the day on which Order 2010-66-12-01 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2010-87-12-03 Amending the Non-domestic Substances List

Whereas, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote d), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote e);

Therefore, the Minister of the Environment, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote f), hereby makes the annexed Order 2010-87-12-03 Amending the Non-domestic Substances List.

Gatineau, December 22, 2010

JOHN BAIRD
Minister of the Environment

ORDER 2010-87-12-03 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENT

1. Part I of the Non-domestic Substances List (see footnote 2) is amended by deleting the following:

67923-34-6
68918-91-2
89461-13-2
136745-87-4
167078-11-7
167078-13-9
167078-19-5
167614-39-3
693217-63-9

COMING INTO FORCE

2. This Order comes into force on the day on which Order 2010-87-12-02 Amending the Domestic Substances List comes into force.

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DEPARTMENT OF JUSTICE

EXTRADITION ACT

Treaty Between the Government of Canada and the Government of the Italian Republic Concerning Extradition

The Government of Canada and the Government of the Italian Republic, hereinafter referred to as the “Contracting States”,

Desiring to make more effective their co-operation in the suppression of crime by concluding a treaty for the extradition of persons wanted for prosecution or convicted of offences,

Reaffirming their respect for each other’s legal systems and judicial institutions,

Have agreed as follows:

ARTICLE I

Obligation to Extradite

Each Contracting State agrees to surrender to the other, in accordance with the provisions of this Treaty, any person who is wanted in the Requesting State for prosecution, or the imposition or enforcement of a sentence, in respect of an extraditable offence as defined in article II.

ARTICLE II

Extraditable Offences

  1. 1. For the purposes of this Treaty, extradition shall be granted for conduct which constitutes an offence under the laws of both Contracting States, and which is punishable by imprisonment or other deprivation of liberty for a maximum period of at least one year or by a more severe penalty. Where the request for extradition relates to a person convicted of such an offence who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty, extradition shall be granted only if a period of at least six months of the penalty remains to be served.
  2. For the purposes of this Treaty, it shall not matter whether the laws of the Contracting States place the acts or omissions constituting the offence within the same category of offence or denominate the offence by the same or similar terminology.
  3. For the purposes of this Treaty, in determining whether acts or omissions amount to an offence against the laws of the Requested State, the totality of the acts or omissions alleged against the person whose extradition is requested shall be taken into account without reference to the elements of the offence prescribed by the law of the Requesting State.
  4. An offence of a fiscal character, including an offence against a law relating to taxation, custom duties, foreign exchange control or any other revenue matter, is an extraditable offence within the meaning of paragraph 1.
  5. Extradition may be granted pursuant to the provisions of this Treaty in respect of an offence provided that:
    • (a) it was an offence in the Requesting State at the time of the conduct constituting the offence; and
    • (b) the conduct alleged would, if it had taken place in the Requested State at the time of the making of the request for extradition, have constituted an offence against the law of the Requested State.
  6. An offence is extraditable whether or not the conduct on which the Requesting State bases its request occurred in the territory over which it has jurisdiction. However, where the law of the Requested State does not provide for jurisdiction over an offence in similar circumstances, the Requested State may refuse extradition on this basis.
  7. If the request for extradition relates to a number of offences, each of which is punishable under the laws of both States, but some of which do not meet the other requirements of paragraph 1, the Requested State may also grant extradition for such offences provided that extradition is ordered for at least one offence which meets all of the requirements of paragraph 1.
  8. If the request for extradition relates to a sentence of both imprisonment and a pecuniary sanction, the Requested State may grant extradition for the enforcement of both the imprisonment and the pecuniary sanction.

ARTICLE III

Mandatory Refusal of Extradition

Extradition shall not be granted in any of the following circumstances:

  • (a) when the offence for which extradition is requested is considered by the Requested State as a political offence or an offence of political character. For the purposes of this paragraph, a political offence or an offence of political character shall not include:
    • (i) conduct that constitutes an offence mentioned in a multilateral agreement to which Canada and Italy are parties and under which the Contracting States are obliged to extradite the person or submit the matter to appropriate authorities for prosecution;
    • (ii) unlawful killing of a human being;
    • (iii) inflicting serious bodily harm;
    • (iv) criminal conduct of a sexual nature;
    • (v) kidnapping, abduction, hostage taking or extortion;
    • (vi) using explosives, incendiaries, devices or substances in circumstances in which human life is likely to be endangered or serious bodily harm or substantial property damage is likely to be caused;
    • (vii) attempting, conspiring, counselling, aiding or abetting another person to engage in or to commit any conduct referred to in paragraphs (i) to (vi) or being an accessory after the fact in relation to such conduct;
  • (b) when surrender would be unjust or oppressive having regard to all the circumstances or the Requested State has substantial grounds to believe that the request for extradition has been made for the purpose of prosecuting or punishing the person claimed by reason of race, religion, nationality or political opinion, ethnic origin, language, colour, sex, sexual orientation, age, mental or physical disability or status or that the person’s position may be prejudiced for any of those reasons;
  • (c) when the offence for which extradition is requested is an offence under military law, but not under the ordinary criminal law of the Contracting States;
  • (d) when final judgment has been passed in the Requested State in respect of the offence for which the person’s extradition is requested;
  • (e) when the prosecution or the enforcement of the sentence for the offence identified in the request for extradition is barred by lapse of time under the law of the Requesting State.

ARTICLE IV

Discretionary Refusal of Extradition

Extradition may be refused in any of the following circumstances:

  • (a) when the offence for which extradition is requested is subject to the jurisdiction of the Requested State and the Requested State is prosecuting or will prosecute the person sought by the Requesting State for the conduct constituting the offence for which extradition is requested;
  • (b) when the person sought was a minor within the meaning of the law of the Requested State at the time of the offence and the law that will apply to that person in the Requesting State is not consistent with the fundamental principles of the law of the Requested State dealing with minors;
  • (c) when the person sought has been finally acquitted or convicted in a third State for conduct constituting the offence for which extradition is requested and, if convicted, the sentence imposed has been fully enforced or is no longer enforceable;
  • (d) when the Requested State, while also taking into account the nature of the offence and the interests of the Requesting State, considers that, because of the health or age of the person sought, the extradition would be incompatible with humanitarian considerations.

ARTICLE V

Extradition of Nationals

  1. The Requested State may not refuse to extradite a person solely because that person is a national of the Requested State.
  2. Where the Requested State has refused to extradite one of its nationals pursuant to article IV, the Requesting State may ask that the Requested State consider, subject to the law of the Requested State, whether to submit the matter to its authorities to determine whether criminal proceedings may be undertaken.

ARTICLE VI

Presentation of Extradition Requests

  1. Subject to paragraph 1 of Article IX, requests made pursuant to this Treaty, documents submitted in support thereof and correspondence may be exchanged between the Department of Justice of Canada and the Italian Ministry of Justice.
  2. This Article in no way precludes the use of diplomatic channels.

ARTICLE VII

Documents to be Submitted

  1. The following documents shall be submitted in support of a request for extradition:
    • (a) in all cases whether the person is sought for prosecution or the imposition or enforcement of a sentence:
      • (i) information about the description, identity, location and nationality of the person sought, including, where available, fingerprints and photographs;
      • (ii) a statement prepared by a public official, including a judicial, prosecuting or corrections official, which describes briefly the conduct constituting the offence for which extradition is requested, indicating the place, date and nature of the offence and which provides a description or a copy of the text of the legal provisions describing the offence and the applicable penalty.
      • This statement shall also indicate:
        • (I) that these legal provisions were in force at the time of the commission of the offence and still apply at the time of the extradition request;
        • (II) whether or not the prosecution of the offence, the imposition or the enforcement of any applicable penalty is barred by reason of prescription; and
        • (III) where the offence occurred outside the territory of the Requesting State, the legal provisions establishing its jurisdiction;
      (b) in the case of a person sought for prosecution for an offence:
      • (i) the original or a certified true copy of the order of arrest or any other document having the same force and effect, issued in the Requesting State;
      • (ii) a copy of the indictment, charge sheet or other charging document; and
      • (iii) a record of the case comprised of a summary of the evidence available to the Requesting State, together with identification evidence, that would be sufficient to justify the committal for trial of the person sought, if the conduct had occurred in the Requested State. The record may include any report, statement or other relevant documentation. A judicial or prosecuting authority shall certify that the evidence summarized or contained in the record of the case is available for trial and is sufficient under the law of the Requesting State to justify the committal for trial of the person sought or that the evidence was obtained in accordance with the law of the Requesting State;
      (c) in the case of a person sought for the imposition or enforcement of a sentence:
      • (i) a statement by a judicial, prosecuting or corrections official describing the conduct for which the person was convicted and attaching a copy of the document that records the conviction and, where applicable, the sentence of the person. This statement shall be certified by the judicial, prosecuting or corrections official to be accurate; and
      • (ii) in the case of a person sought for the enforcement of a sentence, if a portion of the sentence has already been served, a statement by a public official specifying the portion of the sentence which remains to be served;
      (d) in the case of a person convicted in his or her absence, the requirements relating to the submission of documents referred to in subparagraphs 1 (a) and (b) of this Article shall apply. The evidence summarized in the record of the case may also be certified by a judicial or prosecuting authority as having been admitted at the trial of the person sought. However, the requirements relating to the submission of documents referred to in subparagraphs 1 (a) and (c) shall apply if:
      • (i) the person sought failed to appear at his or her trial and it is established that the person was personally served with the charge, including a notice of the date and place of the trial, or otherwise had knowledge thereof in due time; or
      • (ii) the person sought failed to avail himself or herself of the rights to appeal and retrial and it is established that the person was personally served with the judgment rendered in the person’s absence, or otherwise had knowledge thereof in due time.
  2. All documents and copies of documents submitted in support of a request for extradition and appearing to have been certified or issued by a public official, including a judicial authority, a prosecutor or a corrections official of the Requesting State or made under his or her authority, shall be admitted in extradition proceedings in the Requested State without having to be taken under oath or solemn affirmation and without proof of the signature or of the official character of the person appearing to have signed or certified them.
  3. No authentication or further certification of documents submitted in support of a request for extradition shall be required.
  4. Translations of documents provided by the Requesting State and submitted in support of a request for extradition shall be admissible for all purposes in extradition proceedings.

ARTICLE VIII

Additional Information

If the Requested State considers that the information furnished in support of the request for extradition of a person is not sufficient to fulfill the requirements of this Treaty, that State may request that the necessary additional information be furnished within such time as it specifies; this deadline may be extended by the Requested State.

ARTICLE IX

Provisional Arrest

  1. In case of urgency, the Requesting State may apply in writing through the International Criminal Police Organization (INTERPOL) or to the competent authorities of the Requested State for the provisional arrest of the person sought pending the presentation of the request for extradition.
  2. The application for provisional arrest shall include:
    • (a) information about the description, identity, nationality and location of the person sought;
    • (b) a statement of intent to request extradition;
    • (c) a legal description of the offence and the date, place and a summary of the facts relating thereto;
    • (d) a statement indicating that an order of arrest or any other order having the same effect was issued and its terms and conditions, or that a conviction was pronounced; and
    • (e) a statement indicating the maximum term of imprisonment that may be or was imposed and, where applicable, that remains to be served.
  3. On receipt of an application for provisional arrest, the Requested State, if it agrees to the application, shall take the necessary steps to secure the arrest of the person sought or any other measure to ensure his or her presence at the extradition proceedings; the Requesting State shall be promptly notified of the result of its application.
  4. Provisional arrest shall be terminated if the Requested State has not received the request for extradition with supporting documents within sixty days after the arrest. The competent authorities of the Requested State, insofar as is permitted by the law of that State, may extend the period with regard to the reception of the documents referred to in Article VII. However, the person sought may be granted interim release at any time, subject to the conditions deemed necessary to ensure that the person does not leave the country.
  5. The expiry of the sixty day period does not preclude subsequent arrest and extradition if a request for extradition is subsequently received.

ARTICLE X

Consent to Extradition

Extradition of a person sought may be granted pursuant to the provisions of this Treaty, notwithstanding that the requirements of Article VII have not been complied with, provided that the person sought consents to his or her extradition.

ARTICLE XI

Competing Extradition Requests

1. When requests are received from two or more States for the extradition of the same person, the Requested State shall determine to which of those States the person is to be extradited and shall notify the other Contracting State of its decision.

2. In determining to which State a person is to be extradited, the Requested State shall have regard to all relevant circumstances and in particular to:

  • (a) the relative seriousness of the offences, if the requests relate to different offences;
  • (b) the date and place of commission of each offence;
  • (c) the respective dates of the requests;
  • (d) the nationality of the person; and
  • (e) the ordinary place of residence of the person.

ARTICLE XII

Surrender of Persons to be Extradited

1. The Requested State shall, as soon as a decision on the request for extradition has been made, communicate that decision to the Requesting State. Reasons shall be given for any complete or partial denial of the request.

2. When extradition of a person is granted, the person sought shall be delivered to a place in the territory of the Requested State convenient to both Contracting States. The Requested State shall determine a date after which such delivery may take place.

3. The person sought shall be removed by the Requesting State within twenty days of the date determined under paragraph 2. This period may be extended by twenty days at the request of the Requesting State.

4. If the person sought is not removed within the prescribed period, the Requested State may refuse to grant the surrender or any subsequent request for extradition for the same offence.

5. If circumstances beyond its control prevent a Contracting State from surrendering or removing the person to be extradited, it shall notify the other Contracting State. The Contracting States shall decide upon a new date of surrender and the provisions of paragraph 3 of this Article shall apply.

ARTICLE XIII

Postponed or Temporary Surrender

1. When the person sought is being proceeded against or is serving a sentence in the Requested State for an offence other than that for which extradition is requested, the Requested State may surrender the person sought or postpone surrender until the conclusion of the proceedings or the service of the whole or any part of the sentence imposed. The Requested State shall inform the Requesting State of any postponement.

2. When a person who, while serving a sentence in the Requested State, has been found extraditable to the Requesting State for the purposes of prosecution, the Requested State, to the extent permitted by its law, may temporarily surrender the person to the Requesting State in accordance with conditions to be determined between the Contracting States. The period of time spent in custody in the Requesting State shall be subtracted from the sentence that remains to be served in the Requested State.

3. A person who is returned to the Requested State following a temporary surrender may be extradited in accordance with the provisions of this Treaty to serve any sentence imposed in the Requesting State.

ARTICLE XIV

Surrender of Property

1. The Requested State shall, in so far as its law permits, seize and, at the request of the Requesting State, surrender property:

  • (a) that may be used in the prosecution of the offence for which extradition is sought; and
  • (b) which, at the time of the arrest, is found in the possession of the person sought, or is discovered subsequently.

2. The surrender of the seized property may be delayed by the Requested State for the purpose of domestic proceedings or may be subject to conditions.

3. Any rights that the Requested State or third parties may have acquired in the property shall be preserved. Where these rights exist, the property shall be returned as soon as possible without charge to the Requested State after the trial.

ARTICLE XV

Rule of Specialty

1. A person who has been extradited shall not be proceeded against, or sentenced, for any acts committed prior to that person’s surrender, other than those for which the person was extradited, except in the following cases:

  • (a) when the Requested State consents; a request for the consent of the Requested State shall, if the Requested State so requires, be accompanied by the relevant documents required by Article VII as well as a record of any statement made by the extradited person in respect of the offence concerned;
  • (b) when that person, having had the opportunity to leave the territory of the Requesting State, has not done so within forty-five days of that person’s final discharge, or has returned to that territory after leaving it; or
  • (c) when the person extradited consents before a judicial authority in the Requesting State.

2. If the charge for which the person was surrendered is subsequently changed, that person may be prosecuted or sentenced provided the offence under its new description is:

  • (a) based on substantially the same facts contained in the extradition request and the supporting documents; and
  • (b) punishable by the same maximum penalty as, or a lesser maximum penalty than, the offence for which the person was extradited.

ARTICLE XVI

Re-extradition to a Third State

1. When a person has been surrendered to the Requesting State by the Requested State, the Requesting State shall not re-extradite that person to any third State for an offence committed before that person’s surrender unless:

  • (a) the Requested State consents; or
  • (b) the person, having had the opportunity to leave the territory of the Requesting State, has not done so within forty-five days of that person’s final discharge, or has returned to that territory after leaving it.

2. The Requested State, when considering whether to give consent pursuant to subparagraph 1(a) of this Article, may request the production of the documents submitted by the third State in support of its request for the re-extradition of the person.

ARTICLE XVII

Transit

1. To the extent permitted by its law, transit through the territory of one of the Contracting States shall be granted on a request in writing by the other Contracting State. The request for transit:

  • (a) may be transmitted by any means affording a record in writing; and
  • (b) shall contain the information referred to in paragraph 2 of Article IX, and the particulars of the transit and ultimate proposed surrender.

2. A consent to transit may be subject to any terms and conditions that the transit State considers appropriate.

3. No authorization for transit shall be necessary when air travel is used and no landing is scheduled in the territory of the transit State. In the case of an unscheduled landing, the transit State may require the request for transit provided for in paragraph 1. The transit State shall detain the person in transit until the request is received and the transit is carried out, provided that the request is received within the time period prescribed by the law of the transit state.

ARTICLE XVIII

Applicable Law

In the absence of any provision to the contrary in this Treaty, proceedings relating to arrest and extradition shall be governed by the laws of the Requested State.

ARTICLE XIX

Language

All documents submitted in accordance with this Treaty shall be in or translated into an official language of the Requested State.

ARTICLE XX

Conduct of Proceedings

1. In the case of a request for extradition made by the Italian authorities, the Attorney General of Canada shall conduct the extradition proceedings.

2. In the case of a request for extradition made by the Canadian authorities, the extradition proceedings shall be conducted in accordance with Italian law.

ARTICLE XXI

Expenses

1. The Requested State shall bear the expenses incurred in its territory for the arrest and the detention of the person whose extradition is requested, until the person is surrendered.

2. The Requesting State shall bear the expenses incurred in conveying the person extradited from the territory of the Requested State.

ARTICLE XXII

Entry into Force and Termination

1. This Treaty shall be ratified and the instruments of ratification exchanged at Rome.

2. This Treaty shall enter into force thirty days after the exchange of instruments of ratification.

3. Either of the two Contracting States may at any time terminate this Treaty by notice in writing to that effect, and this Treaty shall cease to be in force on the one hundred and eightieth day after the day on which the written notice has been received by the counterpart. However, this Treaty shall continue to be in force with respect to extradition requests received prior to this written notice.

4. Subject to paragraph 6 below, on the entry into force of this Treaty, the Treaty between Canada and Italy on Extradition signed at Rome on May 6, 1981, in effect on June 27, 1985, shall cease to have effect between the Contracting States.

5. This Treaty shall apply to any request made after it comes into force, even if the offence for which extradition is requested was committed before it came into force.

6. Extradition requests made prior to the entry into force of this Treaty shall continue to be governed by the provisions of the Treaty between Canada and Italy signed on May 6, 1981.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

Done in duplicate, at Rome on the 13th day of January, two thousand and five, in the English, French and Italian languages, all versions being equally authentic.

For the Government of Canada
IRWIN COTLER

For the Government of the Italian Republic
ROBERTO CASTELLI

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DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following person of the Port Moody Police Department as a fingerprint examiner:

William Franz

Ottawa, December 21, 2010

RICHARD WEX
Assistant Deputy Minister
Law Enforcement and Policing Branch

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DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

CRIMINAL CODE

Revocation of designation as fingerprint examiner

Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following persons of the Hamilton Police Service as fingerprint examiners:

Larry Penfold

Stanislaus Marek

Herbert Walmsley

Ottawa, December 21, 2010

RICHARD WEX
Assistant Deputy Minister
Law Enforcement and Policing Branch

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DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order No. 5 Respecting Mail, Cargo and Baggage

Whereas the annexed Interim Order No. 5 Respecting Mail, Cargo and Baggage is required to deal with an immediate threat to aviation security;

And whereas, pursuant to subsection 6.41(1.2) (see footnote g) of the Aeronautics Act (see footnote h), the Minister of Transport has consulted with the persons and organizations that the Minister considers appropriate in the circumstances concerning the annexed Interim Order No. 5 Respecting Mail, Cargo and Baggage;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1) (see footnote i) of the Aeronautics Act (see footnote j), hereby makes the annexed Interim Order No. 5 Respecting Mail, Cargo and Baggage.

Ottawa, December 23, 2010

CHUCK STRAHL
Minister of Transport

INTERIM ORDER NO. 5 RESPECTING MAIL, CARGO AND BAGGAGE

INTERPRETATION

Terminology — Canadian Aviation Security Regulations

1. Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in section 1 of the Canadian Aviation Security Regulations.

MAIL AND CARGO

Yemen

2. An air carrier must not transport on a flight to Canada mail or cargo that originates in Yemen or has transited through Yemen.

Somalia

3. An air carrier must not transport on a flight to Canada mail or cargo that originates in Somalia or has transited through Somalia.

PRINTER OR TONER CARTRIDGES

Prohibition — passengers

4. A passenger must not transport any of the following goods as checked baggage on board a flight operated by an air carrier from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations:

  • (a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
  • (b) a toner cartridge that weighs 500 g (17.6 oz) or more.

Prohibition — air carriers

5. An air carrier must not transport any of the following goods as cargo on board a passenger-carrying flight that departs from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations if the passengers are screened before boarding for weapons, explosive substances, incendiary devices or their components or other dangerous items that could be used to jeopardize the security of an aerodrome or an aircraft:

  • (a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
  • (b) a toner cartridge that weighs 500 g (17.6 oz) or more.

Prohibition — screening authorities

6. A screening authority at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations must not allow a person in possession or control of any of the following goods to pass beyond a screening checkpoint into a sterile area intended for passengers for flights to the United States:

  • (a) a printer cartridge that weighs 500 g (17.6 oz) or more; and
  • (b) a toner cartridge that weighs 500 g (17.6 oz) or more.

DESIGNATED PROVISIONS

Designation

7. (1) Sections 2 to 6 of this Interim Order are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(2) The maximum amount payable in respect of a contravention of a designated provision referred to in subsection (1) is

  • (a) $5,000, in the case of an individual; and
  • (b) $25,000, in the case of a corporation.

Notice

8. A notice referred to in subsection 7.7(1) of the Act must specify

  • (a) the particulars of the alleged contravention;
  • (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
  • (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
  • (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
  • (e) that the person on whom the notice is served or to whom it is sent will be deemed to have committed the contravention set out in the notice if the person fails to pay the amount specified in the notice and fails to file a request for a review with the Tribunal within the prescribed period.

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NOTICE OF VACANCY

FIRST NATIONS STATISTICAL INSTITUTE

Chief Statistician (full-time position)

Notification of amendment to education selection criteria — This is a notice of amendment only. Those who have previously expressed an interest in the opportunity need not re-apply. The competition is ongoing. Their applications, as well as those of new applicants, will be considered.

Salary range: $141,600–$166,600

Location: Nipissing, Ontario

The First Nations Statistical Institute (FNSI) is a federal Crown corporation established to define, develop and implement strategies, approaches, methodologies and programs for the gathering, analysis, dissemination and publication of current and relevant statistical information for use by a broad range of stakeholders that include First Nations peoples, communities, organizations, federal, provincial and territorial governments and the general public. The head office of FNSI is located on the reserve lands of the Nipissing First Nation in the province of Ontario.

The Chief Statistician is primarily responsible for providing corporate leadership in order to build and maintain the Institute’s managerial and professional capacity and to meet its mandate. The Chief Statistician is also responsible for providing professional leadership for the development and management of a national statistical system and for the gathering, analysis and dissemination of comprehensive, relevant and trustworthy statistical data, information and materials that meet the needs of First Nations and Canada.

The Chief Statistician should possess a degree from a recognized university in a relevant field of study or an acceptable combination of education, job-related training and/or experience. The position requires significant management experience acquired in a bureau of statistics or a statistical organization in either a public or private sector environment. The qualified candidate will possess experience in creating partnerships, working collaboratively across organizational boundaries, and working effectively with First Nations boards, committees, councils and other bodies, in addition to experience in dealing with government, preferably with senior government officials. Experience in managing organizations through start-up, merger or other major organizational changes as well as experience working with First Nations governments and/or organizations at the local, regional or national levels would be considered assets.

The successful candidate should possess in-depth understanding of the legislation related to the establishment of the First Nations fiscal, financial and statistical institutions and the diversity of First Nations governments, associations, socio-economic conditions and traditional First Nations cultural values. Sound knowledge of the issues, trends, developments, standards and best practices in the development, collection, compilation, analysis and dissemination of statistical information is required. The qualified candidate will possess a sound understanding of the policies and practices prevalent in the federal public service with respect to the privacy, confidentiality, access to and security of statistical information. Knowledge of the legislation, policies and management practices in finance, human resources, informatics and corporate services functions for the management of a Crown corporation is also required.

The successful candidate must be able to identify, analyze and define priorities and strategies, and to provide the corporate leadership and vision needed to attain the corporation’s mandate and objectives. The ability to analyze and interpret large volumes of complex and conflicting information across a broad range of disciplines and bodies of knowledge is required. The incumbent must possess sound judgment, tact, diplomacy, high ethical standards and integrity, and have the ability to focus the energies and talents of the corporation’s employees and motivate them to achieve corporate objectives. The qualified candidate must possess superior interpersonal and communication skills, both written and oral, and have the ability to act as a spokesperson in dealing with stakeholders, media, public institutions, governments and other organizations.

Proficiency in both official languages would be preferred.

The Chief Statistician must be willing to relocate to the FNSI head office located in Nipissing, Ontario, or to a location within reasonable commuting distance and to travel frequently throughout Canada.

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 preferred candidate 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 candidate will be subject to the Conflict of Interest Act. Public office holders appointed on a full-time basis must submit to the Office of the Conflict of Interest and Ethics Commissioner, within 60 days of appointment, a Confidential Report in which they disclose all of their assets, liabilities and outside activities. 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 this position. It is not, however, intended to be the sole means of recruitment.

Further details about the organization and its activities can be found on its Web site at www.firststats.ca.

Interested candidates should forward their curriculum vitae by January 24, 2011, to michelle.richard@odgersberndtson.ca. To discuss the opportunity, please call Michelle Richard at 613-749-9909.

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

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TREASURY BOARD

FINANCIAL ADMINISTRATION ACT

Health Services Occupational Group and sub-group definition modifications

Pursuant to paragraph 11.1(1)(b) of the Financial Administration Act, the Treasury Board of Canada hereby provides notice that the definition of the Health Services Occupational Group, effective March 18, 1999, as published in Part I of the Canada Gazette on March 27, 1999, pages 818 to 820, and its sub-groups, as published in Part I of the Canada Gazette on July 17, 2004, pages 1980 to 1981, are amended and replaced by the following definitions, which shall apply to the Health Services Occupational Group, effective November 25, 2010.

Health Services Occupational Group Definition

The Health Services Occupational Group comprises positions that are primarily involved in the application of a comprehensive knowledge of professional specialties in the fields of dentistry, medicine, nursing, nutrition and dietetics, occupational and physical therapy, pharmacy, psychology and social work to the safety and physical and mental well-being of people; and, in the field of veterinary medicine, to the prevention, diagnosis and treatment of animal diseases and the determination of the human safety of veterinary drugs.

Inclusions

Notwithstanding the generality of the foregoing, for greater certainty, it includes positions that have, as their primary purpose, responsibility for one or more of the following activities:

  1. the prevention, diagnosis and treatment of dental disease and abnormal dental conditions, and the management of dental health programs;
  2. the conduct and management of programs to promote public and individual health and the reduction of disease;
  3. the prevention, diagnosis and treatment of disease, disability and abnormal physical and mental conditions;
  4. the assessment of the incidence and prevalence of diseases; the assessment of the fitness for work of Public Service employees; the medical assessment of applicants for immigration into Canada; and the assessment of the medical fitness of aviation personnel;
  5. the assessment of medical fitness for the determination of disability and other federal government benefits, special equipment and services to eligible applicants;
  6. the appraisal of drugs and medical devices for safety and efficacy under the conditions of their intended use;
  7. the assessment of medical information for the purposes of determining eligibility of applicants for a government program requiring knowledge associated with a registered nurse;
  8. the care of patients and the treatment and management of illness in co-operation with medical doctors, and the provision of specialized nursing services;
  9. the evaluation of nursing policies, procedures, standards and practices and the conduct of related research and education;
  10. the development of standards and guides in the field of nutrition and dietetics; the assessment of nutritional requirements and provision of nutrition and dietetic services; the provision of nutritional education and information; the management of nutritional programs; and the management of food services;
  11. the assessment and treatment of clients for whom occupational or physical therapy services are required for the improvement or maintenance of their well-being;
  12. the planning and management of client treatment or health education programs delivered by other health care providers;
  13. the compounding and dispensing of drugs; and the maintenance and control or the audit of drug stocks;
  14. the conduct of research in human behaviour, the assessment of human motives, abilities, skills, decisions and acts, and the treatment of human behaviour;
  15. the promotion of individual, group and community well-being through the identification and assessment of social needs; and the planning, development and delivery and management of social programs and social work services with the objective of lessening, removing or preventing the physical, emotional and material problems of individuals, families or groups;
  16. the prevention, diagnosis and treatment of animal diseases; the examination of animals, organs and tissues to determine whether they are diseased or potentially harmful to people or animals; and the evaluation of veterinary drugs to determine their human safety;
  17. the provision of advice in the above fields; and
  18. the leadership of any of the above activities.

Exclusions

Positions excluded from the Health Services Occupational Group are those whose primary purpose is included in the definition of any other group or those in which one or more of the following activities is of primary importance:

  1. the inspection of techniques and technical processes and products to ascertain conformity with prescribed standards;
  2. the inspection and regulation of the manufacture, processing, labelling and advertising of drugs for compliance with drug control legislation; and
  3. the planning, development, delivery or management of policies, programs, services or other activities dealing with the social development, settlement, adjustment and rehabilitation of groups, communities or individuals including the planning, development and delivery of welfare services.

Also excluded are positions that

  1. do not require the application of a comprehensive knowledge of dentistry, medicine, nursing, nutrition and dietetics, occupational and physical therapy, pharmacy, psychology, social work or veterinary medicine such as registered nursing assistants, vocational rehabilitation officers, community health representatives, dental hygienists or dental therapists;
  2. as primary activities, engage in research in microbiology, pharmacology, toxicology, physiology, virology or related biological sciences; and
  3. perform research and investigative work in various scientific disciplines pertaining to the materials and processes of basic nutrition.

Health Services Occupational Group — Nursing (NU) Classification Standard

Sub-group definitions

1. Hospital Nursing (NU-HOS)

The care of clients in co-operation with medical doctors in the management of the treatment of physical or psychological disease of clients and the provision of consultative services within treatment institutions.

Inclusions

Positions included in this sub-group are those that require the application of a comprehensive knowledge of nursing and specialized skills in the performance of one or more of the following:

  • the assessment and evaluation of patients’ symptoms, response and progress, the identification of clients’ needs, and the development of nursing care plans;
  • the implementation of nursing care plans, including the counselling of clients and families, and the recording of observations;
  • the provision of specialized nursing services;
  • the planning, organization, conduct or evaluation of related education programs;
  • the development or evaluation of policies, programs, procedures and standards;
  • the development of priorities and the design, conduct and evaluation of research;
  • the writing and editing of papers and reports;
  • the provision of advice;
  • the supervision or direction of any of the above duties.

Exclusions

Positions excluded from this sub-group are those that are included in the Community Health Nursing Sub-group and in the Medical Adjudicator Nursing Sub-group.

2. Community Health Nursing (NU-CHN)

The provision of health guidance and nursing care to individuals, families and groups in the home and community directed towards the prevention of disease and the promotion and maintenance of health; the provision of consultative services.

Inclusions

Positions included in this sub-group are those that require the application of a comprehensive knowledge of nursing and related experience in the performance of one or more of the following:

  • the planning, organization, implementation and evaluation of community health services;
  • the provision of health surveillance and the referral to the appropriate health agency;
  • investigation into community health problems;
  • counselling on health;
  • the management of medical or health emergencies and routine health problems;
  • the planning, organization, implementation or evaluation of related education programs;
  • the co-ordination of community health nursing activities of the department with other services;
  • the development or evaluation of policies, programs, procedures and standards;
  • the development of priorities and the design, conduct and evaluation of research;
  • the writing and editing of papers and reports;
  • the provision of advice; and
  • the supervision or direction of any of the above duties.

Exclusions

Positions excluded from this sub-group are those that are included in the Hospital Nursing Sub-group and in the Medical Adjudicator Nursing Sub-group.

3. Medical Adjudicator Nursing (NU-EMA)

Positions responsible for determining the medical eligibility of applicants for a government program or for the provision of expert advice related to medical adjudication.

Inclusions

Positions included in this sub-group are those that primarily require the application of a comprehensive knowledge of nursing and related experience in the provision of one or more of the following:

  • the assessment of medical information for the purposes of determining eligibility of applicants for a government program;
  • the provision of specialized or expert advice with respect to the above duties; and
  • the provision of direction and functional guidance related to any of the above duties.

Exclusions

Positions excluded from this sub-group are those that are included in the Hospital and Community Nursing sub-groups.

Amended Table of Concordance for the Health Services Occupational Group

Linkages between Occupational Groups, Occupational Sub-groups and Classification Standards

1999 Occupational Group

Pre-1999 Occupational Group

Sub-Group (Retroactive to March 18, 1999)

Classification Standard

Health Services (SH)

Dentistry (DE)

N/A

Dentistry (DE)

Medicine (MD)

Medical Officer (MD-MOF)
Medical Specialist (MD-MSP)

Medicine (MD)

Nutrition & Dietetics (ND)

Home Economist (ND-HME)
Dietitian (ND-DIT)
Advisory (ND-ADV)

Nutrition & Dietetics/Home Economics (ND)

Nursing (NU)

Hospital Nursing (NU-HOS)
Community Health Nursing (NU-CHN)
Medical Adjudicator Nursing (NU-EMA)

Nursing (NU)

Occupational & Physical Therapy (OP)

N/A

Occupational & Physical Therapy (OP)

Pharmacy (PH)

N/A

Pharmacy (PH)

Psychology (PS)

N/A

Psychology (PS)

Social Work (SW)

All positions except those in the Chaplain and Social Welfare sub-groups
Chaplain (SW-CHA)
Social Welfare (SW-SCW)

Social Work (SW)

Veterinary Medicine (VM)

N/A

Veterinary Medicine (VM)

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Footnote a
S.C. 1999, c. 33

Footnote b
SOR/94-311

Footnote c
S.C. 1999, c. 33

Footnote d
S.C. 1999, c. 33

Footnote e
SOR/94-311

Footnote f
S.C. 1999, c. 33

Footnote g
S.C. 2004, c. 15, s. 11(1)

Footnote h
R.S., c. A-2

Footnote i
S.C. 2004, c. 15, s. 11(1)

Footnote j
R.S., c. A-2

Footnote 1
Supplement, Canada Gazette, Part I, January 31, 1998

Footnote 2
Supplement, Canada Gazette, Part I, January 31, 1998