Vol. 148, No. 10 — March 8, 2014

GOVERNMENT NOTICES

DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-002-14 — Release of new issue of RSS-287

Notice is hereby given by Industry Canada that the following document will come into force immediately:

The above document was published to reflect recent changes in technical and certification requirements for ELT and MSLD.

General information

This document has been coordinated with industry through the Radio Advisory Board of Canada (RABC).

The Radio Equipment Technical Standards Lists will be amended to reflect the above changes.

Submitting comments

Interested parties are requested to provide their comments within 120 days of the date of publication of this notice in electronic format (Microsoft Word or Adobe PDF) to the Manager, Radio Equipment Standards (res.nmr@ic.gc.ca).

All submissions received by the close of the comment period will be posted on Industry Canada’s Spectrum Management and Telecommunications Web site at www.ic.gc.ca/spectrum.

Obtaining copies

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

Official versions of Canada Gazette notices can be viewed at www.gazette.gc.ca/rp-pr/p1/index-eng.html. Printed copies of the Canada Gazette can be ordered by telephoning the sales counter of Publishing and Depository Services at 613-941-5995 or 1-800-635-7943.

February 27, 2014

MARC DUPUIS
Director General
Engineering, Planning and Standards Branch

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DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES

DEFENCE PRODUCTION ACT

Notice announcing the forthcoming amendments to the Schedule to the Defence Production Act

Notice is hereby given that Public Works and Government Services Canada (PWGSC) intends to introduce amendments to the Schedule to the Defence Production Act (the “Schedule”). The amended Schedule would see a reduction in the number of defence-related goods and technologies that are subject to domestic controls in Canada. The reductions are driven by the need to align with the United States’ export control reform initiative to ensure that Canadian industry retains its competitive advantage in the important North American defence trade market.

The articles that would remain controlled for domestic purposes would be divided into two streams, one that includes articles listed in the U.S. International Traffic in Arms Regulations (ITAR) as amended from time to time, and a second stream that includes items that are deemed to be strategically significant or have national security implications for Canada, regardless of their country of original manufacture. While the dual-stream approach would ensure that the Controlled Goods Program (CGP) stays in step with the enhanced security requirements of the 21st century, the first stream would more accurately reflect Canada’s commitment to protect U.S. defence articles than the current Schedule.

Given the broad support that was received for these amendments through direct consultations with key stakeholder groups and through public consultations held in late 2013, PWGSC intends to introduce amendments to the Schedule as outlined in this Notice.

Summary

The amended Schedule will be based on two streams of controlled items:

(1) Stream 1: Control of U.S. International Traffic in Arms Regulations defence articles; and

(2) Stream 2: Control of items with strategic significance or with national security implications, regardless of their country of origin, that merit domestic control via the CGP.

The changes would result in the removal from domestic control of items deemed to not have any strategic significance, aligning with the U.S. approach “to build higher walls around a smaller yard.” The impact could mean that fewer companies would need to register in PWGSC’s CGP and fewer employees in the remaining companies would need to be security assessed. This, in turn, would reduce the administrative and compliance burdens to the aerospace, defence, satellite and security industries while continuing to ensure that Canada’s security is not endangered.

This Notice explains, in general terms, the proposed amendments currently being considered by PWGSC.

Background

The CGP is a registration and compliance program that regulates the examination, possession and transfer of controlled goods in Canada. The CGP provides economic benefits to Canadian industry by facilitating access to the important U.S. defence and security market. The CGP was created in 2001 to strengthen and coordinate defence trade controls with the United States and to regain the Canadian exemptions provided under the U.S. ITAR for the licence-free transfer of certain ITAR articles. The CGP was enhanced in 2011, as a result of a Canadian Security and Intelligence Service (CSIS) Threat and Risk Assessment, as well as to enable Canadian industry to take immediate advantage of a new ITAR rule, which resolved a previous conflict between Canadian human rights legislation and the treatment of dual and third-country nationals under the ITAR. This conflict had been costing Canadian industry millions of dollars in lost business opportunities and settling complaints.

Section 35 of the Defence Production Act defines controlled goods as the goods referred to in the Schedule. The Schedule is comprised of a subset of the Department of Foreign Affairs, Trade and Development’s Export Control List. The Schedule makes references to Group 2 (with minor exceptions), Group 6, and item 5504 of Group 5 of the Export Control List.

Proposed amendments

The new Schedule would replace the current domestic controls with the following dual stream of domestic controls:

The proposed amendments would reduce the scope of the Schedule and no new items would be added.

A detailed listing of the proposed amendments appears in Annex A of the Consultation Paper at http://ssi-iss.tpsgc-pwgsc.gc.ca/dmc-cgd/consultations/modifications-amendments-eng.html.

These amendments seek to strike the right balance between Canada’s own national security objectives and its commitments to the United States, while supporting the competitiveness of Canadian industry. In addition, the proposed amendments to the Schedule respond to a recommendation in the Review of Aerospace and Space Programs and Policies (the “Emerson Report”), which called for a “review of . . . domestic control regimes to ensure that they are not unnecessarily restrictive . . .” The amendments to the Schedule would have no effect on Canada’s export controls.

Consultations

Canadians had the opportunity to participate in public consultations regarding the proposed amendments between November 19 and December 20, 2013. Over 240 responses were received from provinces across Canada. Overall, participants were pleased with the process used to gather their ideas and appreciated the opportunity to provide input. Comments received during public consultations demonstrated that stakeholders were appreciative of the opportunity to comment on the proposal and supportive of PWGSC’s efforts to relieve administrative burden. The results of the public consultations can be found in the Consultation Report that is available on the CGP Web site at http://ssi-iss.tpsgc-pwgsc.gc.ca/dmc-cgd/consultations/consultations-details-eng.html.

Coming into force

The amended Schedule to the Defence Production Act would come into force on a date to be fixed by order in council.

Questions and requests for additional information regarding this Notice may be directed to Jennifer Stewart, Industrial Security Sector, Public Works and Government Services Canada, 2745 Iris Street, 3rd Floor, Ottawa, Ontario K1A 0S5, 613-948-1777 (telephone), Jennifer.Stewart@pwgsc-tpsgc.gc.ca (email). The deadline for the submission of comments is March 24, 2014.

MICHELLE D’AURAY
Deputy Minister
Public Works and Government Services Canada

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DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order No. 2 Respecting Flights to Russia

Whereas the annexed Interim Order No. 2 Respecting Flights to Russia is required to deal with an immediate threat to aviation security;

And whereas, pursuant to subsection 6.41(1.2) (see footnote a) of the Aeronautics Act (see footnote b), 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. 2 Respecting Flights to Russia;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1) (see footnote c) of the Aeronautics Act (see footnote d), makes the annexed Interim Order No. 2 Respecting Flights to Russia.

Ottawa, February 18, 2014

LISA RAITT
Minister of Transport

INTERIM ORDER NO. 2 RESPECTING FLIGHTS TO RUSSIA

INTERPRETATION

Terminology: Canadian Aviation Security Regulations, 2012

1. Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

APPLICATION AND CONFLICT

Application and conflict

2. This Interim Order applies in addition to the Canadian Aviation Security Regulations, 2012 and their related security measures. If there is a conflict between this Interim Order and the Canadian Aviation Security Regulations, 2012 or their related security measures, this Interim Order prevails to the extent of the conflict.

SCREENING AUTHORITY

Screening

3. (1) The screening authority at an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations must not allow a passenger for a flight to Russia to pass beyond a passenger screening checkpoint into a sterile area unless the screening authority screens the passenger and any goods in his or her possession or control for liquids, aerosols, gels and powders.

Prohibited goods

(2) The screening authority must not allow a passenger for a flight to Russia who is in possession or control of a liquid, aerosol, gel or powder to pass beyond the passenger screening checkpoint into a sterile area.

Exceptions

(3) Subsection (2) does not apply in respect of

AIR CARRIER

Subsection 4.85(‍3) of the Act

4. For greater certainty, an air carrier that operates a flight to Russia from an aerodrome listed in the schedule to the CATSA Aerodrome Designation Regulations is prohibited under subsection 4.85(3) of the Act from transporting on the flight a passenger or any goods in his or her possession or control unless the passenger and goods have been screened in accordance with this Interim Order.

REPEAL

5. The Interim Order Respecting Flights to Russia made on February 7, 2014 is repealed.

CESSATION OF EFFECT

Cessation of effect

6. If this Interim Order is approved under subsection 6.41(2) of the Act, it ceases to have effect on April 1, 2014.

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TREASURY BOARD SECRETARIAT

PUBLIC SERVICE SUPERANNUATION REGULATIONS

CANADIAN FORCES SUPERANNUATION REGULATIONS

ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION REGULATIONS

Quarterly rates

In accordance with subsection 46(3) of the Public Service Superannuation Regulations, subsection 36(3) of the Canadian Forces Superannuation Regulations and subsection 30(3) of the Royal Canadian Mounted Police Superannuation Regulations, the quarterly rates used for calculating interest for the purpose of subsection (1) of each of the corresponding sections are as follows:

As of:

December 31, 2012

1.3688%

March 31, 2013

1.3497%

June 30, 2013

1.3329%

September 30, 2013

1.3159%

December 31, 2013

1.3029%

TONY CLEMENT
President

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