ARCHIVED — Vol. 145, No. 50 — December 10, 2011

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GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Notice requesting comments on a proposed regulatory amendment that will affect the Private Sponsorship of Refugees Program

Notice is hereby given that Citizenship and Immigration Canada (CIC) proposes to amend the Immigration and Refugee Protection Regulations to formalize Private Sponsorship of Refugees (PSR) application procedures and to limit persons who may be sponsored by Groups of Five (G5s) and Community Sponsors (CSs) to refugees recognized by either the United Nations High Commissioner for Refugees (UNHCR) or a State. CIC is soliciting written comments from all interested parties on this proposed regulatory amendment.

Summary

Citizenship and Immigration Canada has developed a strategy to deal with application quality issues, growing inventories and long processing times in the PSR Program.

The regulatory amendment would require a permanent resident application to be submitted along with a private sponsorship undertaking. These changes would define what constitutes a complete application and allow CIC to return both applications (permanent residence and sponsorship) if information is missing. These proposed measures are intended to reduce delays in the processing of privately sponsored refugee applications. This proposed regulatory amendment would only change the way that applications are submitted to and returned by CIC. It would not change any of the personal information collected by CIC as part of a PSR application, or the way this information is used for the purpose of rendering a decision.

Recently, the Minister administratively capped the number of applications Sponsorship Agreement Holders (SAHs) may submit in a year to assist in the management of inventories. However, G5s and CSs cannot be similarly managed through administrative measures as they do not have ongoing, multi-year agreements with the Minister as do SAHs. The proposed regulatory amendment would limit G5s and CSs to sponsoring refugees recognized by either the UNHCR or a State. Limiting access to the G5 and CS refugee sponsorship streams is intended to increase approval rates and contribute to intake management efforts to better manage the PSR inventory.

Background

The PSR Program is an important part of Canada’s resettlement program and is celebrated domestically and internationally as an innovative and diverse public-private partnership. The PSR Program was designed to facilitate the involvement of community, religious, and ethno-cultural organizations, private corporations, or groups of Canadian citizens or permanent residents in refugee resettlement. The Program evolved during the mass movement of Vietnamese refugees in the late 1970s. During this crisis, the Canadian government referred over 50 000 refugee families to organizations and groups of individuals in Canada, who provided settlement support, including housing and income, help finding employment and orientation, to these families after their arrival. Due to the overwhelming success of this program, it became enshrined as a fundamental part of Canada’s Refugee and Humanitarian Resettlement Program, and resulted in the people of Canada receiving UNHCR’s Nansen Medal in 1986.

There are three types of groups under federal responsibility that may sponsor refugees: Groups of Five (G5s), Sponsorship Agreement Holders (SAHs) and Community Sponsors (CSs). G5s submit approximately 40% of all sponsorship applications, and SAHs submit approximately 60%. Community Sponsors submit a handful of applications each year.

1. Groups of Five are five or more Canadian citizens or permanent residents, who are at least 18 years of age, who live in the applicant’s expected community of settlement and have collectively arranged for the sponsorship of a refugee living abroad. The five individuals act as guarantors that appropriate support will be provided for the full duration of the sponsorship. An immigration officer assesses members’ collective contributions to the sponsorship, both financial and non-financial. The G5 stream is intended to allow people who may wish to sponsor one, to a few, cases in their lifetime.

2. Sponsorship Agreement Holders are local, regional and national incorporated organizations that have signed multi-year agreements with the Minister for the purposes of submitting sponsorship cases on a regular basis. Most current SAHs are religious organizations, ethno-cultural groups or other humanitarian organizations. SAHs assume overall responsibility for the management of sponsorships under their agreement. SAHs generally submit dozens or hundreds of sponsorships each year on an ongoing basis.

3. Community Sponsors are organizations (for-profit or not-for-profit, and incorporated or not incorporated) that have not signed formal agreements with CIC. An immigration officer assesses financial and settlement plans each time community sponsors wish to sponsor. CSs must demonstrate that the organization is willing and able to commit funds toward the sponsorship. The CS stream is designed for organizations that wish to sponsor only once or twice, but do not need an ongoing agreement with the Minister.

The Province of Quebec is responsible for its own sponsorship criteria and the assessment of financial and settlement plans, and it decides the number of sponsorships it will submit to CIC.

Two factors increase processing times in the PSR Program:

  • (i) Refugee and sponsorship applications often lack basic and essential information and CIC does not currently have the authority to return incomplete applications. Considerable time is required to follow up with the refugee and/or sponsor to obtain all the necessary information. Additionally, delays often occur between the submission of the sponsorship undertaking in Canada and the submission of the permanent residence application overseas. A PSR application cannot be assessed until both documents have been received by the visa office.
  • (ii) The PSR Program receives far more applications than the number of persons it can admit in a given year. This has led to a growing global inventory and lengthy processing times, with some visa offices operating with a backlog in excess of five years. As of June 2011, the global PSR inventory at all visa offices stood at 23 200 persons. If the level of submissions and current approval rates are maintained, even with the additional 2 000 PSR spaces announced as part of the Balanced Refugee Reform Act, it will take until 2025 to reduce the PSR inventory to a manageable level.

This wait time situation rarely occurs within the Government-Assisted Refugee (GAR) Program. This is due in part to the Government of Canada’s regular discussions with UNHCR over the number of refugee applications Canada can process in a given year. This coordination results in a predictable intake of refugee applications that is sufficient to achieve the level of GAR admissions tabled annually in Parliament, but not more. These applications are also simpler to process, as persons recognized as refugees by a State or by the UNHCR are issued documentation confirming their status (acceptable documentation would include a refugee or asylum status document or a certificate of mandate refugee status).

Additionally, while historical approval rates in the GAR Program for UNHCR referred refugees have been approximately 90%, global approval rates in the PSR Program between 2006 and 2010 averaged 57%. Given the poor quality of applications, current PSR approval rates require visa officers to process approximately two cases for each case selected for resettlement. This means that visa offices require more resources to meet their PSR targets than GAR targets. The cases referred to Canada by UNHCR have a high likelihood of meeting Canada’s eligibility criteria, in part because they have already been interviewed and assessed overseas by UNHCR. Given the differing structure of the PSR Program and its added objective of engaging civil society, an approval rate of 65–70% would be acceptable.

Low approval rates and long wait times in the PSR program reduce program efficiency, program integrity and civil society engagement. Long processing times mean that situations in a country of origin may change and leave applicants ineligible for resettlement because they may safely return home by the time they are interviewed. Long wait times also lead to an increased risk of the sponsor or the Department losing contact with applicants.

The Minister of Citizenship and Immigration has taken action to address these difficulties over the past four years. This has included increased training and funding to improve communication between sponsors, and more recently, the establishment of a global cap on the number of PSR submissions the Department will accept from SAHs. These measures will manage the intake and improve the quality of applications submitted by one of the three streams of sponsors to the PSR program — SAHs. Both CIC and the SAH community have noted that any progress on backlog reduction efforts would be ineffective unless the G5/CS stream for sponsorship was also managed.

As CIC modernizes its application system, it will cease to print application kits and provide them to clients as of December 1, 2011. The use of electronic applications will ensure that CIC receives complete applications, and is expected to speed up processing across all business lines. The regulatory proposal supposes that refugee applicants who may not have computer access will be assisted by sponsors in providing complete applications.

The amendments are expected to increase program efficiency as a whole and improve the volume and quality of applications in the G5/CS stream. The anticipated higher approval rates for G5/CS applications will make it easier for CIC to predict and manage the number of applications received each year from private sponsors relative to the annual levels tabled in Parliament. The expected higher quality of applications received is expected to improve overall processing efficiency in this category.

Proposal

Citizenship and Immigration Canada proposes to introduce amendments to the Immigration and Refugee Protection Regulations to require the submission of a permanent resident application with a sponsorship undertaking application, define what constitutes a complete application, and allow the Department to return both applications (permanent residence and sponsorship undertaking) if information is missing. Additionally, this proposal would seek to define persons who may be sponsored by G5s and CSs as refugees recognized by either the UNHCR or a State.

It is proposed that the following amendments be made to the Regulations:

  • A complete permanent resident application and sponsorship undertaking must be submitted together to a designated CIC office in Canada. The Regulations would define what constitutes a complete application and allow CIC to return permanent resident and sponsorship undertaking applications to a party designated by the refugee applicant and sponsor if either application is incomplete.
  • Applications for sponsorship by a G5 or a CS would need to include documented proof, from the UNHCR or a State, that the applicant being sponsored is a recognized refugee.

The regulatory amendment would be pre-published in the Canada Gazette, Part Ⅰ, at a later date.

Comments

Any person, including members of the Sponsorship Agreement Holders Association, members of the public and other interested parties, may, within 30 days of the publication of this notice provide their comments on this Notice of Intent, in writing, to the person named below at the address provided.

Comments would be appreciated on the proposed regulatory amendment that will affect the Private Sponsorship of Refugees Program.

Questions and requests for additional information, as well as comments regarding this Notice of Intent, may be directed to Derek Künsken, Manager of Resettlement Policy, Refugees Branch, Citizenship and Immigration Canada, 365 Laurier Avenue W, 17th Floor, Ottawa, Ontario K1A 1L1, 613-946-7510 (telephone), 613-957-5836 (fax), derek.kunsken@cic.gc.ca (email).

SARITA BHATLA
Director General, Refugees Branch
Citizenship and Immigration Canada

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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. 4543-2-03541 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: BelPacific Excavating & Shoring Ltd., Burnaby, British Columbia.

 2. Waste or other matter to be disposed of: Inert, inorganic geological matter.

2.1. Nature of waste or other matter: Inert, inorganic geological matter; all wood, topsoil, asphalt and other debris is to be segregated for disposal by methods other than disposal at sea.

 3. Duration of permit: Permit is valid from March 21, 2012, to March 20, 2013.

 4. Loading site(s): Various approved excavation sites in British Columbia, at approximately 49°16.35′ N, 123°06.70′ W (NAD83).

 5. Disposal site(s): Point Grey Disposal Site, within a one nautical mile radius of 49°15.40′ N, 123°21.90′ W (NAD83).

 6. Method of loading: Loading will be carried out using land-based heavy equipment, trucks or conveyor belts.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via pipeline, hopper scow, towed scow or hopper dredge.

 8. Method of disposal: Disposal will be carried out by bottom dumping or end dumping.

 9. Total quantity to be disposed of: Not to exceed 200 000 m3 place measure.

10. Approvals: The Permittee shall obtain from the permit-issuing office a letter of approval for each loading and disposal activity prior to undertaking the work, and conduct these activities in accordance with the relevant letter of approval. The Permittee shall follow the procedures outlined in the document titled “Multi-Site Excavation Projects Involving Disposal at Sea: Requests for Letters of Approval — Standard Procedures” (February 2011).

11. Fees: The fee prescribed by the Disposal at Sea Permit Fee Regulations shall be paid by the Permittee in accordance with those Regulations.

12. Inspection:

12.1. By accepting this permit, the Permittee and their contractors accept that they are subject to inspection pursuant to Part 10 of the Canadian Environmental Protection Act, 1999.

12.2. The Permittee shall ensure that records of all loading and disposal activities are kept on site for the duration of the permit and are available for inspection by any enforcement officer or analyst, for two years following the expiry of the permit.

12.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

13. Contractors:

13.1. The loading or disposal at sea referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

13.2. The Permittee shall ensure that all persons involved in the loading, transport or disposal activities authorized by this permit conduct these activities in accordance with the relevant permit conditions.

14. Reporting and notification:

14.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, 604-666-9059 (fax) or das.pyr@ec.gc.ca (email).

14.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, 604-666-5928 (fax) or das.pyr@ec.gc.ca (email), within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the location of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s) and the dates on which disposal activities occurred.

14.3. At all times, a copy of this permit and of documents and drawings referenced in this permit shall be available at the loading site and on all powered ships directly engaged in the loading and disposal operations.

15. Special precautions:

15.1. The Permittee shall submit a written material disposal plan to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, identified in paragraph 14.2, for approval by Environment Canada prior to commencement of the first excavation operation authorized by this permit. The plan shall address procedures to accurately measure or estimate quantities of material disposed of at the disposal site(s), vessel tracking, and a schedule for use of the disposal site. Modifications to the plan shall be made only with the written approval of Environment Canada.

15.2. The loading and disposal at sea referred to under this permit shall be carried out in accordance with the mitigation measures summarized in the report titled “Environmental Assessment Report — BelPacific Excavating & Shoring Limited Partnership — Loading of inert, inorganic geological matter resulting from excavation at various sites in the City of Vancouver and adjacent municipalities and subsequent disposal at sea (4543-2-03541)” (October 2011).

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. 4543-2-03542 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Katzie Coast Marine Operations (2009) Inc., Vancouver, British Columbia.

 2. Waste or other matter to be disposed of: Inert, inorganic geological matter.

2.1. Nature of waste or other matter: Inert, inorganic geological matter; all wood, topsoil, asphalt and other debris are to be segregated for disposal by methods other than disposal at sea.

 3. Duration of permit: Permit is valid from January 9, 2012, to January 8, 2013.

 4. Loading site(s):

  • (a) Various approved excavation sites in British Columbia, at approximately 49°16.35 N, 123°06.70 W (NAD83); and
  • (b) Out-loading facility in the outer harbour of Burrard Inlet, British Columbia, at approximately 49°17.29 N, 123°04.73 W (NAD83).

 5. Disposal site(s): Point Grey Disposal Site, within a one nautical mile radius of 49°15.40′ N, 123°21.90′ W (NAD83).

 6. Method of loading: Loading will be carried out using land-based heavy equipment, trucks or conveyor belts.

 7. Route to disposal site(s) and method of transport: Most direct navigational route from the loading site to the disposal site via towed scow.

 8. Method of disposal: Disposal will be carried out by bottom dumping.

 9. Total quantity to be disposed of: Not to exceed 25 000 m3 place measure.

10. Approvals: The Permittee shall obtain from the permit-issuing office a letter of approval for each loading and disposal activity prior to undertaking the work, and conduct these activities in accordance with the relevant letter of approval. The Permittee shall follow the procedures outlined in the document titled “Multi-Site Excavation Projects Involving Disposal at Sea: Requests for Letters of Approval — Standard Procedures” (February 2011).

11. Fees: The fee prescribed by the Disposal at Sea Permit Fee Regulations shall be paid by the Permittee in accordance with those Regulations.

12. Inspection:

12.1. By accepting this permit, the Permittee and their contractors accept that they are subject to inspection pursuant to Part 10 of the Canadian Environmental Protection Act, 1999.

12.2. The Permittee shall ensure that records of all loading and disposal activities are kept on site for the duration of the permit and are available for inspection by any enforcement officer or analyst, for two years following the expiry of the permit.

12.3. Ships operating under the authority of this permit shall carry and display a radar-reflecting device at all times mounted on the highest practical location.

13. Contractors:

13.1. The loading or disposal at sea referred to under this permit shall not be carried out by any person without written authorization from the Permittee.

13.2. The Permittee shall ensure that all persons involved in the loading, transport or disposal activities authorized by this permit conduct these activities in accordance with the relevant permit conditions.

14. Reporting and notification:

14.1. The Permittee shall provide the following information at least 48 hours before loading and disposal activities commence: name or number of ship, platform or structure used to carry out the loading and/or disposal, name of the contractor including corporate and on-site contact information, and expected period of loading and disposal activities. The above-noted information shall be submitted to Environment Canada’s Environmental Enforcement Division, Pacific and Yukon Region, 604-666-9059 (fax) or das.pyr@ec.gc.ca (email).

14.2. The Permittee shall submit a written report to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, 604-666-5928 (fax) or das.pyr@ec.gc.ca (email), within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. This report shall contain the following information: a list of all work completed pursuant to the permit, including the location of the loading and disposal sites used, the quantity of matter disposed of at the disposal site(s) and the dates on which disposal activities occurred.

14.3. At all times, a copy of this permit and of documents and drawings referenced in this permit shall be available at the loading site and on all powered ships directly engaged in the loading and disposal operations.

15. Special precautions:

15.1. The Permittee shall submit a written material disposal plan to the Minister, as represented by the Regional Director of the Environmental Protection Operations Directorate, Pacific and Yukon Region identified in paragraph 14.2, for approval by Environment Canada prior to commencement of the first excavation operation authorized by this permit. The plan shall address procedures to accurately measure or estimate quantities of material disposed of at the disposal site(s), vessel tracking, and a schedule for use of the disposal site. Modifications to the plan shall be made only with the written approval of Environment Canada.

15.2. The loading and disposal at sea referred to under this permit shall be carried out in accordance with the mitigation measures summarized in the report titled “Environmental Assessment Report — Katzie Coast Marine Operations (2009) Inc. — Loading of inert, inorganic geological matter resulting from excavation at various sites in the City of Vancouver and subsequent disposal at sea” (November 2011).

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

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication of results of investigations and recommendations for the substance Aniline, CAS RN62-53-3 (see footnote 1) —specified on the Domestic Substances List (paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999)

Whereas a summary of a follow-up human health assessment report on aniline conducted pursuant to paragraphs 68(b) and 68(c) of the Canadian Environmental Protection Act, 1999 is annexed hereby; and

Whereas it is concluded that aniline does not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Ministers of the Environment and of Health propose to take no further action on the substance at this time.

PETER KENT
Minister of the Environment

LEONA AGLUKKAQ
Minister of Health

ANNEX

Summary of the Follow-up Human Health Assessment Report on Aniline

More than 28 tonnes of aniline and its salts were manufactured as a by-product of chemical manufacturing in Canada in 2007. Between 13 and 48 tonnes of aniline and aniline salts were imported into Canada from 2000 to 2007. Aniline may be released during the production and use of rubber products but specific monitoring data are not available.

Aniline was included on the Priority Substances List (PSL) under the 1988 Canadian Environmental Protection Act (CEPA) for assessment of potential risks to the environment and human health. The PSL Assessment Report on aniline was published in 1994 and concluded that aniline was not considered to be entering the environment in a quantity or concentration or under conditions that were having a harmful effect on the environment and that constituted a danger to the environment upon which human life depends. As outlined in the assessment report released in 1994, relevant data identified before June 1993 were considered insufficient to conclude whether aniline met the criteria relating to human health under paragraph 11(c) of CEPA.

Additional data relevant to the characterization of exposure of the population of Canada have become available since 1994. The available monitoring data in environmental media and food are sufficient to serve as a basis for derivation of average and upper-bounding estimates of exposure to the general population. The predominant route of exposure is from dietary intake as aniline is present in some foods, including apples. In addition, information on the presence of aniline in consumer products (cooking utensils used in food preparation, some permanent markers) was sufficient to estimate exposure from the use of these products.

Acute or short-term exposure to aniline has been reported to cause reversible methaemoglobin formation in laboratory animals and in humans. There is limited evidence of carcinogenicity of aniline in laboratory animals exposed to high doses. The in vitro or in vivo genotoxicity data were mixed; however, there is no evidence to support the direct genotoxicity potential of aniline.

On the basis of consideration of a comparison of average and upper-bounding estimates of exposure of the general population to the Tolerable Daily Intake derived for aniline, it is concluded that aniline is not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.

Conclusion

Based on the information available, it is concluded that aniline does not meet the criterion set out in paragraph 64(c) of the Canadian Environmental Protection Act, 1999.

The draft follow-up report for this substance is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca).

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DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE

NOTICE OF INTENT TO CONDUCT AN ENVIRONMENTAL ASSESSMENT OF THE CANADA-UKRAINE FREE TRADE AGREEMENT

The Government of Canada is now conducting an Environmental Assessment (EA) to inform the negotiations for a Canada-Ukraine Free Trade Agreement (FTA). Comments are invited on any likely and significant environmental impacts on Canada of a prospective FTA with Ukraine.

The Government of Canada is committed to sustainable development. Mutually supportive trade, investment and environmental policies can contribute to this objective. To this end, the Minister of International Trade has directed negotiators to improve their understanding of, and information based on, the relationship between trade and environmental issues at the earliest stages of decision making, and to do this through an open and inclusive process. Environmental assessments of trade negotiations are critical to this work.

This process is guided by the 2001 Framework for Conducting Environmental Assessments of Trade Negotiations, with direction from the 2010 Cabinet Directive on the Environmental Assessment of Policy, Plan, and Program Proposals.

For more information, please visit the following Web site:

All interested parties are invited to submit their views on any likely and significant environmental impacts on Canada resulting from the prospective Canada-Ukraine FTA by Monday, January 9, 2012.

Contributions can be sent by email, fax or mail to EAconsultationsEE@international.gc.ca (email), 613-992-9392 (fax), Canada-Ukraine FTA Environmental Assessment Consultations, Trade Policy and Negotiations Division I (TPE), Foreign Affairs and International Trade Canada, Lester B. Pearson Building, 125 Sussex Drive, Ottawa, Ontario K1A 0G2.

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DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Certain security measures related to aerodromes

Introduction

Under subsection 4.72(2) of the Aeronautics Act, the Minister of Transport may make confidential security measures, when an aviation security regulation could be made in relation to the matter, and when aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the subject were to be set out in a regulation.

Pursuant to subsection 4.79(1) of the Aeronautics Act, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure.

Subsection 4.72(3) of the Aeronautics Act provides a framework such that the substance of an existing security measure must be disclosed and the security measure repealed within a year if the Minister of Transport forms the opinion that disclosure would not compromise aviation security.

The test for disclosure, as set out in subsection 4.72(3) of the Aeronautics Act, is whether aviation security, the security of any aircraft or aerodrome or other aviation facility, or the safety of the public, passengers or crew members would no longer be compromised if the measure became public.

The framework sets out a process to disclose security measures and convert to regulation those security measures that, in the opinion of the Minister of Transport, would not compromise aviation security if made as regulation. Specifically, a notice that sets out the substance of the security measure must be published in the Canada Gazette within 23 days of the Minister forming an opinion and that the prohibition from disclosure no longer applies, and repeal the security measure within a year of the notice or as soon a regulation is made.

Notice

The Minister has reviewed the following security measures related to aerodromes and is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the following security measures are made public. Subsection 4.79(1) no longer applies in respect of these security measures.

Signs

1. (1) The operator of an aerodrome listed in Schedule A, B or C must post signs on the outside of each restricted area access point and each security barrier. Each sign must

  • (a) be in at least both official languages;
  • (b) identify the restricted area as a restricted area; and
  • (c) state that access to the area is restricted to authorized persons.

(2) The signs posted on a security barrier must be no more than 150 m apart.

Access control systems

2. The operator of an aerodrome listed in Schedule A, B or C must ensure that each restricted area access point that allows access from a non-restricted area to a restricted area has an access control system consisting of one or more of the following elements:

  • (a) surveillance by a person authorized by the operator of the aerodrome to control access to restricted areas;
  • (b) manual locking equipment; and
  • (c) automated access control equipment.

3. The operator of an aerodrome listed in Schedule A, B or C must ensure that each restricted area access point that is between an air terminal building and a passenger loading bridge has a door that can be locked.

Access control — Official credentials

4. The operator of an aerodrome listed in Schedule A, B or C must permit an inspector to enter or remain in a restricted area if the inspector is acting in the course of their employment and presents their credentials.

Documents of entitlement

5. The following documents that permit persons to enter restricted areas are documents of entitlement at an aerodrome listed in Schedule A or B:

  • (a) a temporary pass issued by the operator of the aerodrome;
  • (b) a boarding pass, ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;
  • (c) a passenger escort form that is approved by the operator of the aerodrome;
  • (d) a courtesy lounge or conference room pass that is issued by an air carrier and is approved by the operator of the aerodrome; and
  • (e) in those restricted areas used by general aviation at the aerodrome, a Canadian pilot’s licence, if the holder is on duty or in the performance of functions directly related to their work and is also in possession of documentation attesting that the holder is medically fit to fly.

6. The following documents that permit persons to enter restricted areas are documents of entitlement at an aerodrome listed in Schedule C:

  • (a) a boarding pass, ticket, or any other document accepted by an air carrier that confirms the status of the person to whom it was issued as a passenger on a flight and that is approved by the operator of the aerodrome;
  • (b) a passenger escort form that is approved by the operator of the aerodrome;
  • (c) a courtesy lounge or conference room pass that is issued by an air carrier and is approved by the operator of the aerodrome; and
  • (d) in those restricted areas used by general aviation at the aerodrome, a Canadian pilot’s licence, if the holder is on duty or in the performance of functions directly related to their work and is also in possession of documentation attesting that the holder is medically fit to fly.
Emergency plans and procedures

7. (1) The operator of an aerodrome where air carriers are served must have an emergency plan that sets out the response procedures to be followed at the aerodrome for

  • (a) bomb threats; and
  • (b) hijackings of aircraft.

(2) An emergency plan must, at a minimum, describe

  • (a) the actions to be taken by the operator of the aerodrome, police, aerodrome control tower or flight service station, emergency co-ordination centre, emergency response providers, air carriers, and any other person or organization that is involved;
  • (b) the procedures to be followed for the evacuation and search of air terminal buildings;
  • (c) the procedures to be followed for the handling and disposal of a suspected bomb; and
  • (d) the procedures to be followed for the detention on the ground of any aircraft involved in a bomb threat or hijacking.

(3) The operator of an aerodrome must maintain at the aerodrome at least one copy of the emergency plan and shall make it available to the Minister on reasonable notice given by the Minister.

Emergency exercises

8. The operator of an aerodrome listed in Schedule A must, at least once every three years, carry out a live exercise involving the agencies identified in its emergency plan to test the effectiveness of the plan in relation to an act of unlawful interference with civil aviation. The operator of an aerodrome listed in Schedule B or C must carry out a live exercise at least once every five years.

9. The operator of an aerodrome listed in Schedule A, B or C must, at least once a year, carry out a table-top exercise involving the agencies identified in its emergency plan to test the effectiveness of the plan in relation to an act of unlawful interference with civil aviation. However, the operator is not required to carry out a table-top exercise in any year in which it carries out a live exercise in accordance with section 7.

10. The operator of an aerodrome that is not listed in Schedule A, B or C and that is an aerodromes where air carriers are served must, at least once a year, carry out a table-top exercise involving the agencies identified in its emergency plan to test the effectiveness of the plan in relation to an act of unlawful interference with civil aviation.

11. The operator of an aerodrome must prepare a written report on each exercise it carries out in accordance with section 7, 8 or 9 and must make the reports available to the Minister on reasonable notice given by the Minister.

Baggage handling system

12. The operator of an aerodrome listed in Schedule A, B or C must take measures to prevent unauthorized access to a baggage handling system that is in a restricted area.

Screening checkpoints

13. (1) The operator of an aerodrome listed in Schedule A, B or C must post a notice at each passenger screening checkpoint stating that it is an offence for a person at the aerodrome to falsely declare that

  • (a) they are carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in their possession or control or in goods that they have tendered or are tendering for screening or transportation; or
  • (b) another person who is at an aerodrome or on board an aircraft is carrying a weapon, an explosive substance, an incendiary device or any other item that could be used to jeopardize the security of an aerodrome or aircraft or that such an item is contained in goods in the other person’s possession or control or in goods that the other person has tendered or is tendering for screening or transportation.

(2) The notice must be clearly visible and be in at least both official languages.

14. The operator of an aerodrome listed in Schedule A, B or C must make a facility available for the private screening of passengers.

U.S. preclearance areas

15. (1) If an aerodrome has a U.S. preclearance area, the operator of the aerodrome must ensure the continuous presence of at least one armed police officer at the preclearance area during the hours that the area is in operation.

(2) The operator of the aerodrome must ensure that the armed police officer makes regular patrols within the preclearance area and responds rapidly and in person to emergency calls from, or alarms activated by, U.S. preclearance personnel.

Screening of persons other than passengers

16. The operator of an aerodrome listed in Schedule A or B must make facilities available for non-passenger screening checkpoints.

Notice respecting restrictions on liquids, gels and aerosols

17. The operator of an aerodrome listed in Schedule A, B or C must ensure that non-passengers who access sterile areas are advised of any restrictions on the possession of liquids, gels or aerosols in sterile areas.

Plans for construction

18. (1) The operator of an aerodrome listed in Schedule A, B or C must notify the Minister of all plans to begin new construction or to effect a change to the physical security of the aerodrome if the construction or change relates to regulatory requirements respecting aircraft, passengers, baggage, cargo or mail.

(2) The notice must

  • (a) be in writing;
  • (b) state the date on which the construction will begin or the change will be effected; and
  • (c) include a description of the construction or change and the safeguards that will be taken to maintain security in areas of the aerodrome affected by construction activities.
Availability of prohibited items

19. (1) Subject to subsections (2) and (3), the operator of an aerodrome listed in Schedule A, B or C must not permit goods listed or described in the general list of prohibited items or, as applicable, the specific list of prohibited items to be made available to persons in a sterile area.

(2) The operator of an aerodrome may, in accordance with security measures, permit liquids, gels and aerosols to be made available to persons in a sterile area.

(3) The operator of an aerodrome may permit a concessionaire that provides food or meal service in a sterile area to make rounded, dull-blade knives and plastic knives available to its customers.

Explosive detection screening checkpoints

20. (1) The operator of an aerodrome listed in Schedule A, B or C must make facilities available for explosives detection screening checkpoints.

(2) For the purposes of this section, “explosives detection screening checkpoint” means an area of an aerodrome where screening equipment is used by the Canadian Air Transport Security Authority (CATSA) to search carry-on baggage, checked baggage or baggage that is intended to be checked baggage.

21. If the operator of an aerodrome listed in Schedule A, B or C is responsible for a baggage handling system, the operator must not make any modifications to the system that may affect screening operations unless the modifications are agreed to by CATSA.

SCHEDULE A

Class 1 Aerodromes / Name

ICAO Location Indicator

Calgary International

CYYC

Edmonton International

CYEG

Halifax (Robert L. Stanfield International)

CYHZ

Montréal International (Mirabel)

CYMX

Montréal (Montréal — Pierre Elliott Trudeau International)

CYUL

Ottawa (Macdonald-Cartier International)

CYOW

Toronto (Lester B. Pearson International)

CYYZ

Vancouver International

CYVR

Winnipeg (James Armstrong Richardson International)

CYWG

SCHEDULE B

Class 2 Aerodromes / Name

ICAO Location Indicator

Charlottetown

CYYG

Fredericton International

CYFC

Gander International

CYQX

Greater Moncton International

CYQM

Iqaluit

CYFB

Kelowna

CYLW

London

CYXU

Prince George

CYXS

Québec (Jean Lesage International)

CYQB

Regina International

CYQR

Saint John

CYSJ

St. John’s International

CYYT

Saskatoon (John D. Diefenbaker International)

CYXE

Sudbury

CYSB

Thunder Bay

CYQT

Toronto (Billy Bishop Toronto City)

CYTZ

Victoria International

CYYJ

Whitehorse (Erik Neilsen International)

CYXY

Windsor

CYQG

Yellowknife

CYZF

SCHEDULE C

Other Aerodomes / Name

ICAO Location Indicator

Abbotsford International

CYXX

Alma

CYTF

Bagotville

CYBG

Baie-Comeau

CYBC

Bathurst

CZBF

Brandon Municipal

CYBR

Campbell River

CYBL

Castlegar (West Kootenay Regional)

CYCG

Charlo

CYCL

Chibougamau/Chapais

CYMT

Churchill Falls

CZUM

Comox

CYQQ

Cranbrook (Canadian Rockies International)

CYXC

Dawson Creek

CYDQ

Deer Lake

CYDF

Fort McMurray

CYMM

Fort St. John

CYXJ

Gaspé

CYGP

Goose Bay

CYYR

Grande Prairie

CYQU

Hamilton (John C. Munro International)

CYHM

Îles-de-la-Madeleine

CYGR

Kamloops

CYKA

Kingston

CYGK

Kitchener/Waterloo Regional

CYKF

Kuujjuaq

CYVP

Kuujjuarapik

CYGW

La Grande Rivière

CYGL

Lethbridge

CYQL

Lloydminster

CYLL

Lourdes-de-Blanc-Sablon

CYBX

Medicine Hat

CYXH

Mont-Joli

CYYY

Nanaimo

CYCD

North Bay

CYYB

Penticton

CYYF

Prince Albert (Glass Field)

CYPA

Prince Rupert

CYPR

Quesnel

CYQZ

Red Deer Regional

CYQF

Rivière-Rouge/Mont-Tremblant International

CYFJ

Roberval

CYRJ

Rouyn-Noranda

CYUY

St. Anthony

CYAY

Saint-Léonard

CYSL

Sandspit

CYZP

Sarnia (Chris Hadfield)

CYZR

Sault Ste. Marie

CYAM

Sept-Îles

CYZV

Smithers

CYYD

Stephenville

CYJT

Sydney (J. A. Douglas McCurdy)

CYQY

Terrace

CYXT

Thompson

CYTH

Timmins (Victor M. Power)

CYTS

Toronto/Buttonville Municipal

CYKZ

Val-d’Or

CYVO

Wabush

CYWK

Williams Lake

CYWL

Yarmouth

CYQI

[50-1-o]

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Saint John Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS Letters Patent were issued by the Minister of Transport (“Minister”) for the Saint John Port Authority (“Authority”) under the authority of the Canada Marine Act, effective May 1, 1999;

WHEREAS Schedule D of the Letters Patent describes the classes of users in which each user of the Port of Saint John is eligible for membership;

WHEREAS the board of directors of the Authority intends to restructure the user group composition referred to in Schedule D of the Letters Patent to reflect current business operations at the Port of Saint John;

AND WHEREAS by resolution, the board of directors of the Authority has requested that the Minister issue Supplementary Letters Patent modifying the description of the classes of users in Schedule D of the Letters Patent;

NOW THEREFORE under the authority of section 9 the Canada Marine Act, section 1 of Schedule D of the Letters Patent of the Authority is replaced by the following:

1. Each user of the Port of Saint John shall be eligible for membership in one or more classes of users as follows:

  • Class 1   Those persons representing major industry who, in the opinion of the Authority, regularly use or operate within the Port shall be eligible for membership in Class 1;

  • Class 2    Those persons who, in the opinion of the Port Authority, are operators of the Port or shipping agents within the Port for the purpose of conducting domestic or international waterborne trade shall be eligible for membership in Class 2;

  • Class 3    Those persons who, in the opinion of the Port Authority, are carriers, freight forwarders or cruise interests directly involved with domestic or international waterborne trade conducted within the Port shall be eligible for membership in Class 3; and

  • Class 4    Those persons who, in the opinion of the Port Authority, represent associations, marine consulting, unions, fishers, trucking and other commercial users of the Port having done business with the Port in the previous fiscal year and not included in the other three classes shall be eligible for membership in Class 4.

Issued under my hand this 18th day of November, 2011.

__________________________________
Denis Lebel, P.C., M.P.
Minister of Transport

[50-1-o]

NOTICE OF VACANCY

PUBLIC SERVICE LABOUR RELATIONS BOARD

Vice-Chairperson (full-time position)

Salary range: $137,700–$162,000

Location: National Capital Region

The Public Service Labour Relations Board (the Board) is an independent quasi-judicial statutory tribunal, established under the Public Service Labour Relations Act, responsible for administering the collective bargaining and grievance adjudication systems in the federal public service, the Parliament of Canada and the Government of Yukon. Through its role in adjudicating grievances and complaints, mediating disputes, supporting the collective bargaining process, and performing compensation analysis and research, the Board helps foster harmonious labour relations and good human resource management in the federal public service. The Board is accountable to Parliament and reports on its activities through the Minister of Canadian Heritage.

Reporting to the Chairperson of the Board, a Vice-Chairperson hears and decides on, alone or presiding a panel, applications, complaints and grievances that fall under the purview of the Public Service Labour Relations Act, various acts within the Board’s jurisdiction and other relevant labour relations legislation. The Vice-Chairperson renders impartial and expert decisions in order to resolve contentious issues. The Vice-Chairperson also assists the Chairperson in the management and in the delivery of the services of the Board and exercises any power and function delegated to him/her by the Chairperson pursuant to the Act.

The successful candidate must 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. Formal legal training would be considered an asset. The position requires experience in, or knowledge of, labour relations. The qualified candidate should possess experience in rendering decisions or in presenting cases before a quasi-judicial tribunal, as well as experience in the interpretation and application of legislation within the context of a quasi-judicial proceeding.

The selected candidate should possess knowledge of the legislative framework and mandate of the Board as well as knowledge of the procedures and practices involved in conducting a quasi-judicial hearing and in the legal principles involved, particularly as they relate to evidence, legal interpretation and natural justice. The ideal candidate should be knowledgeable of the legislative framework governing labour relations in the federal public service and in Parliament, including the Public Service Labour Relations Act, the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act. Furthermore, knowledge of the practices and principles underlying collective bargaining, mediation and conflict resolution is essential.

The suitable candidate should be able to provide leadership within the Board and assistance to the Chairperson in carrying out his/her mandate in accordance with the Public Service Labour Relations Act. The chosen candidate’s strong analytical skills will allow him/her to interpret the provisions of various statutes, regulations, policies and other documents in a quasi-judicial context, and to assess the relevance of precedents in order to render decisions that are fair and equitable. In addition to the ability to effectively conduct hearings of a quasi-judicial tribunal and to write clear decisions on complex legal issues, the selected candidate should have the ability to work independently and as a member of a team. Possessing superior interpersonal skills, the successful candidate will be able to communicate effectively, both orally and in writing. He/she will also demonstrate sound judgment, integrity and impartiality, and will adhere to high ethical standards.

Proficiency in both official languages would be preferred.

The successful candidate must be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. The successful candidate must not hold any other office or employment under the employer, nor be a member of or hold an office or employment under an employee organization certified as a bargaining agent, nor carry on any activity inconsistent with the person’s functions.

The successful candidate must be prepared to relocate to the National Capital Region or to a location within reasonable commuting distance, and be prepared to travel regularly across 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 and Political Activity Guidelines for 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.pslrb-crtfp.gc.ca.

Interested candidates should forward their curriculum vitae by January 6, 2012, to the Assistant Secretary to the Cabinet (Senior Personnel), Privy Council Office, 59 Sparks Street, 1st Floor, Ottawa, Ontario K1A 0A3, 613-957-5006 (fax), GICA-NGEC@bnet.pco-bcp.gc.ca (email).

English and French 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.

[50-1-o]

NOTICE OF VACANCIES

NATIONAL ENERGY BOARD

Members (full-time position(s))

Salary range: $168,500–$198,200

Location: Calgary, Alberta

The National Energy Board (NEB) is an independent federal tribunal located in Calgary, Alberta. Its mandate is to promote safety and security, environmental protection, efficient energy infrastructure and markets, and to make decisions in the Canadian public interest within the mandate set by Parliament for the regulation of pipelines, energy development and trade. The NEB has a staff of approximately 400 employees and an annual budget of $60 million. It reports to Parliament through the Minister of Natural Resources.

Opportunities exist for one or more full-time Board member positions at the NEB. This recruitment process is being initiated to fill current and future openings.

The NEB consists of not more than nine full-time members, each appointed for a period of seven years. They must reside in Calgary, Alberta, or in a location within reasonable commuting distance, and must be prepared to travel and work long hours when required. The principal role of NEB members is to make independent decisions in the Canadian public interest in the area of energy regulation.

Successful candidates for these positions 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. A degree in economics, engineering, environmental science, finance or law would be an asset.

The qualified candidates must have experience in dealing with energy-related or regulatory issues as well as extensive experience in taking decisions requiring an objective and careful balance of conflicting or contradictory considerations. The chosen candidates will have experience in the interpretation and application of legislation. Experience in dealing with economic, social and environmental issues within Aboriginal communities would be considered an asset.

The suitable candidates will possess knowledge of the mandate and operations of the NEB. Knowledge of the functioning of energy markets and the energy sector (economic, social or environmental components) and of the role of government and regulatory agencies in facilitating market outcomes that are in keeping with the Canadian public interest is also essential. The favoured candidates must be knowledgeable of administrative law, principles of natural justice, and the rules and practices followed by administrative tribunals in Canada. They should also possess knowledge of the aspirations of Canada’s Aboriginal peoples, their history, and their vision of Canada’s future.

The selected candidates must be able to analyze significant amounts of complex, technical information and make concrete decisions within a time frame constrained by service standards. They must have superior communication skills, both written and oral, with the ability to write clear and concise reports, analyses and decisions. The qualified candidates will have the capacity to reconcile divergent stakeholder positions, taking into account associated economic, social and environmental implications.

The ideal candidates must be respectful, fair and impartial as well as be tactful and discreet. Superior interpersonal skills, sound judgement, high ethical standards and integrity are also important requirements.

Proficiency in both official languages would be preferred.

Pursuant to the National Energy Board Act, Board members of the NEB must be Canadian citizens or permanent residents within the meaning of the Immigration and Refugee Protection Act. Additionally, Board members must not, as owners, shareholders, directors, officers, partners or otherwise, be engaged in any such business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons or electricity nor hold any bond, debenture or other security of a corporation engaged in any such business. Finally, they must devote the whole of their time to the performance of their duties and shall not accept or hold any office or employment inconsistent with their duties and functions.

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 candidates must comply with the Ethical and Political Activity Guidelines for 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 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 these positions. It is not, however, intended to be the sole means of recruitment.

Further details about the NEB and its activities can be found on its Web site at www.neb-one.gc.ca.

Interested candidates should forward their curriculum vitae by January 31, 2012, to the Assistant Secretary to the Cabinet (Senior Personnel), Privy Council Office, 59 Sparks Street, 1st Floor, Ottawa, Ontario K1A 0A3, 613-957-5006 (fax), GICA-NGEC@ bnet.pco-bcp.gc.ca (email).

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.

[50-1-o]

SUPREME COURT OF CANADA

SUPREME COURT ACT

Session advanced

The session of the Supreme Court of Canada which would normally begin on Tuesday, January 24, 2012, will be advanced and shall begin on Monday, January 9, 2012.

December 2, 2011

ROGER BILODEAU, Q.C.
Registrar

[50-1-o]

Footnote 1
The Chemical Abstracts Service Registry Number (CAS RN) is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.