ARCHIVED — Vol. 149, No. 21 — May 23, 2015

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GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Respecting the Start-up Business Class, 2015

The Minister of Citizenship and Immigration, pursuant to section 14.1 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Respecting the Start-up Business Class, 2015.

Ottawa, May 12, 2015

CHRIS ALEXANDER
Minister of Citizenship and Immigration

MINISTERIAL INSTRUCTIONS RESPECTING THE START-UP BUSINESS CLASS, 2015

Definitions

1. The following definitions apply in these Instructions.

  • “Act”
    « Loi »

  • “Act” means the Immigration and Refugee Protection Act.

  • “applicant”
    « demandeur »

  • “applicant” means a foreign national who makes an application for a permanent resident visa as a member of the start-up business class.

  • Canadian Language Benchmarks
    « Canadian Language Benchmarks »

  • Canadian Language Benchmarks” has the same meaning as in section 2 of the Regulations.

  • “commitment”
    « engagement »

  • “commitment” means a commitment referred to in paragraph 2(2)(a) that meets the requirements of section 6.

  • “designated”
    « désigné »

  • “designated”, in respect of a business incubator, an angel investor group or a venture capital fund, means designated under section 4.

  • “invest”
    « investir »

  • “invest” means to buy shares or other forms of equity in a business.

  • “language skill area”
    « habileté langagière »

  • “language skill area” means speaking, oral comprehension, reading or writing.

  • Niveaux de compétence linguistique canadiens
    « Niveaux de compétence linguistique canadiens »

  • Niveaux de compétence linguistique canadiens” has the same meaning as in section 2 of the Regulations.

  • “qualified participant”
    « participant admissible »

  • “qualified participant” means, in respect of a business,

  • (a) an applicant in respect of the business;
  • (b) a foreign national who has been issued a permanent resident visa as a member of the start-up business class in respect of the business;
  • (c) a designated business incubator;
  • (d) a designated angel investor group; or
  • (e) a designated venture capital fund.
  • “qualifying business”
    « entreprise admissible »

  • “qualifying business” means a business that meets the requirements of section 7.

  • “Regulations”
    « Règlement »

  • “Regulations” means the Immigration and Refugee Protection Regulations.

Establishment of start-up business class

2. (1) The start-up business class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who have the ability to become economically established in Canada and meet the requirements of this section.

Member of class

(2) An applicant is a member of the start-up business class if

  • (a) they have obtained a commitment from
    • (i) a designated business incubator confirming that the applicant’s business is currently participating in or has been accepted into its business incubator program,
    • (ii) a designated angel investor group confirming that it is investing at least $75,000 in the applicant’s business or two or more designated angel investor groups confirming that they are together investing a total of at least $75,000 in that business, or
    • (iii) a designated venture capital fund confirming that it is investing at least $200,000 in the applicant’s business or two or more designated venture capital funds confirming that they are together investing a total of at least $200,000 in that business;
  • (b) they have attained a level of proficiency of at least benchmark level 5 in either official language for all the four language skill areas, as set out in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation conducted by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations;
  • (c) they have, in the form of transferable and available funds, unencumbered by debts or other obligations, an amount that is equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income that is necessary to support a group of persons equal in number to the total number of the applicant and their family members; and
  • (d) their business is a qualifying business.

Syndication

(3) An applicant who obtains a commitment involving more than one entity is still considered eligible to be a member of the start-up business class if

  • (a) the total amount invested in the business is at least $75,000, in the case of a commitment from or involving a designated angel investor group but not a designated venture capital fund; and
  • (b) the total amount invested in the business is at least $200,000, in the case of a commitment from or involving a designated venture capital fund.

Limit

(4) No more than five applicants are to be considered members of the start-up business class in respect of the same business.

Improper purpose

(5) An applicant is not to be considered a member of the start-up business class if they intend to participate, or have participated, in an agreement or arrangement in respect of the commitment primarily for the purpose of acquiring a status or privilege under the Act and not for the purpose of engaging in the business activity for which the commitment was intended.

Agreements with industry associations

3. (1) The Minister may enter into an agreement with an industry association representing business incubators, angel investor groups or venture capital funds to provide for any matter related to these Instructions, including

  • (a) the making of recommendations and the provision of advice to the Minister on the designation of entities of the type represented by the association and on the revocation of such designations;
  • (b) the establishment of criteria, standards of conduct and best practices for the making of commitments or the performance of other activities under these Instructions by entities of the type represented by the association;
  • (c) the making of recommendations and the provision of advice to the Minister on the operation of these Instructions;
  • (d) the establishment of peer review panels to independently assess commitments;
  • (e) the submission of reports to the Minister on the activities of its members under these Instructions; and
  • (f) any other function or matter considered by the parties to be relevant to these Instructions.

Termination of agreements

(2) The Minister may terminate an agreement if the industry association breaches the agreement or for any other reason specified in the agreement.

Designation

4. For the purposes of these Instructions,

  • (a) the entities set out in Schedule 1 are designated as business incubators;
  • (b) the entities set out in Schedule 2 are designated as angel investor groups; and
  • (c) the entities set out in Schedule 3 are designated as venture capital funds.

Status of entities

5. For greater certainty, a business incubator, an angel investor group or a venture capital fund designated under section 4 is considered not to be under the control of the Minister in respect of any matter relating to these Instructions.

Form of commitment

6. (1) A commitment must be in a written or electronic form that is acceptable to the Minister and be provided by a person with the authority to bind the designated business incubator, designated angel investor group or designated venture capital fund, as the case may be.

Conditional commitment

(2) If two or more applicants make an application that is based on the same commitment, that commitment may be conditional on the issuance of a permanent resident visa to one or more of those applicants.

Contents of commitment — business incubator

(3) A commitment made by a designated business incubator must

  • (a) identify the applicant;
  • (b) confirm that the applicant’s business is currently participating in or has been accepted into its business incubator program;
  • (c) specify the period of time for which the applicant will be in the business incubator program if such a period has been established;
  • (d) describe the nature of the business operations to be carried out by the applicant;
  • (e) describe the applicant’s role in the business;
  • (f) confirm that the applicant has control over the intellectual property or other assets that the applicant is bringing to the business;
  • (g) describe the legal and financial structure of the business;
  • (h) identify the role of any other person who holds or is expected to hold an interest in the business and describe their role in the business;
  • (i) confirm that it has performed a due diligence assessment of the applicant and the business;
  • (j) specify any terms and conditions applicable to its business incubator program or to the commitment; and
  • (k) confirm whether the applicant’s business is a qualifying business.

Contents of commitment — angel investor group or venture capital fund

(4) A commitment made by a designated angel investor group or a designated venture capital fund must

  • (a) identify the applicant;
  • (b) describe the nature of the business operations to be carried out by the applicant;
  • (c) describe the applicant’s role in the business;
  • (d) confirm that the applicant has control over the intellectual property or other assets that the applicant is bringing to the business;
  • (e) describe the legal and financial structure of the business;
  • (f) identify the role of any other person who holds or is expected to hold an interest in the business and describe their role in the business;
  • (g) confirm that the designated angel investor group or the designated venture capital fund has performed a due diligence assessment of the applicant, the business and the investment;
  • (h) confirm whether the applicant’s business is a qualifying business;
  • (i) specify the amount of the investment; and
  • (j) specify any terms and conditions applicable to the investment or to the commitment.

Multiple applicants

(5) If there is more than one applicant in respect of the same business, the commitment must

  • (a) include information on all the applicants; and
  • (b) identify those applicants that the entity making the commitment considers essential to the business.

Term of commitment

(6) A commitment is valid for up to six months from the day on which it is made.

Qualifying business

7. (1) For the purposes of these Instructions, a corporation that is incorporated in and carrying on business in Canada is a qualifying business if, at the time the commitment is made,

  • (a) the applicant holds 10% or more of the voting rights attached to all shares of the corporation outstanding at that time; and
  • (b) no persons or entities, other than qualified participants, hold 50% or more of the total amount of the voting rights attached to all shares of the corporation outstanding at that time.

Conditional incorporation of business

(2) A business that is not incorporated at the time the commitment is made is still considered to be a qualifying business if its incorporation is conditional on the issuance of a permanent resident visa to one or more of the applicants in respect of that business.

Documentation

8. (1) An applicant must provide documentation to establish that they are a member of the start-up business class, including

  • (a) evidence of payment of the applicable fees set out in these Instructions;
  • (b) a copy of the commitment required under paragraph 2(2)(a);
  • (c) written evidence that they have attained the level of language proficiency required under paragraph 2(2)(b); and
  • (d) written evidence that they have the funds required under paragraph 2(2)(c).

Conclusive evidence

(2) For the purposes of these Instructions, the results of an evaluation of an applicant’s language proficiency by a designated organization or institution and the correlation of those results with the benchmarks in accordance with the Regulations are conclusive evidence of the applicant’s proficiency in the official languages of Canada.

Minimal requirements

9. (1) Subject to section 12, an application for a permanent resident visa as a member of the start-up business class must be refused and no further assessment is required if the applicant does not meet the requirements of subsection 2(2).

Multiple applicants

(2) If there is more than one applicant in respect of the same business and one of the applicants, who was identified in the commitment as being essential to the business, is refused a permanent resident visa for any reason, the other applicants must be considered not to have met the requirements of subsection 2(2) and their applications must also be refused.

Application for visa

(3) An officer must issue a permanent resident visa to the applicant and their accompanying family members if the applicant and their family members, whether accompanying or not, are not inadmissible and meet the requirements of the Act, the provisions of the Regulations applicable to the start-up business class and these Instructions.

Production of other documents

10. For the purposes of evaluating an application referred to in subsection 9(1), an officer may, in addition to the documentation listed in subsection 8(1), require the production of documentation relating to the applicant, the commitment and the program or business that is in the possession or control of the applicant or the entity making the commitment.

Peer review

11. (1) An officer may request that a commitment in respect of a qualifying business in an application referred to in subsection 9(1) be independently assessed by a peer review panel established under an agreement referred to in section 3 by an industry association representing the type of entity making the commitment.

Grounds for review

(2) A request referred to in subsection (1) may be made if the officer is of the opinion that such an assessment would assist in the application process. It may also be made on a random basis.

Independent assessment

(3) The peer review panel must provide the officer with its assessment of whether due diligence was performed by the entity that made the commitment.

Final decision

(4) The officer must consider the assessment provided by the peer review panel, but is not bound by it when making a decision as to whether the applicant meets the requirements of these Instructions.

Status of peer review panel

(5) For greater certainty, a peer review panel is considered not to be under the control of the Minister in respect of any matter relating to these Instructions.

Substituted evaluation

12. (1) Whether or not an applicant meets the requirements set out in subsection 2(2), an officer may substitute their evaluation of the applicant’s ability to become economically established in Canada if those requirements are not a sufficient indicator of whether the applicant will become economically established in Canada.

Exception

(2) Despite subsection (1), if an applicant does not meet the requirement set out in paragraph 2(2)(a), an officer is not authorized under that subsection to substitute a positive evaluation of the applicant’s ability to become economically established in Canada.

Concurrence

(3) An evaluation made under subsection (1) requires the written concurrence of a second officer.

Processing fees

13. The following fees are payable for processing an application for a permanent resident visa in respect of the start-up business class:

  • (a) in respect of a principal applicant, $1,050;
  • (b) in respect of a family member of the principal applicant who is 19 years of age or older or is less than 19 years of age and is a spouse or common-law partner, $550; and
  • (c) in respect of a family member of the principal applicant who is less than 19 years of age and is not a spouse or common-law partner, $150.

Non-application

14. (1) The following provisions of the Regulations do not apply to the start-up business class:

  • (a) sections 108 and 109; and
  • (b) paragraph 295(1)(c).

Application of section 107 of Regulations

(2) Section 107 of the Regulations applies to the start-up business class, with such modifications as the circumstances require.

Repeal

15. The Ministerial Instructions Respecting the Start-up Business Class, 2014, published in the Canada Gazette, Part I, on November 22, 2014, are repealed.

Effective period

16. These Instructions have effect during the period beginning on May 23, 2015 and ending on March 31, 2018.

SCHEDULE 1
(Paragraph 4(a))

DESIGNATED BUSINESS INCUBATORS

  • Canada Accelerator Co (d/b/a HIGHLINE)
  • Communitech
  • Empowered Startups Ltd.
  • Extreme Innovations
  • INcubes Inc.
  • Innovacorp
  • Innovate Calgary
  • Interactive Niagara Media Cluster o/a Innovate Niagara
  • Knowledge Park o/a Planet Hatch
  • LaunchPad PEI Inc.
  • Real Investment Fund III L.P. o/a FounderFuel
  • Ryerson Futures Inc.
  • Toronto Business Development Centre
  • Waterloo Accelerator Centre

SCHEDULE 2
(Paragraph 4(b))

DESIGNATED ANGEL INVESTOR GROUPS

  • Angel One Network Inc.
  • First Angel Network Association
  • Golden Triangle Angel Network
  • Oak Mason Investments Inc.
  • TenX Angel Investors Inc.
  • VANTEC Angel Network Inc.

SCHEDULE 3
(Paragraph 4(c))

DESIGNATED VENTURE CAPITAL FUNDS

  • Advantage Growth (No.2) L.P.
  • BDC Venture Capital
  • Blackberry Partners Fund II LP (d.b.a. Relay Ventures Fund II)
  • Canadian Accelerator Fund Ltd.
  • Celtic House Venture Partners Fund III LP
  • Celtic House Venture Partners Fund IV LP
  • DRI Capital Inc.
  • Extreme Venture Partners LLP
  • Golden Opportunities Fund Inc.
  • INOVIA CAPITAL INC.
  • Lumira Capital
  • Mobio Technologies Inc.
  • New Brunswick Innovation Foundation Inc. / Fondation de l’innovation du Nouveau-Brunswick Inc.
  • Oak Mason Investments Inc.
  • OMERS Ventures Management Inc.
  • Ontario SME Capital Corporation
  • Pangaea Ventures Fund III, LP
  • PRIVEQ III Limited Partnership
  • PRIVEQ IV Limited Partnership
  • Quorum Investment Pool Limited Partnership
  • Quorum Secured Equity Trust
  • Real Ventures
  • Rho Canada Ventures
  • Rogers Venture Partners, LLC
  • Summerhill Venture Partners Management Inc.
  • Tandem Expansion Management Inc.
  • Top Renergy Inc.
  • Vanedge Capital Limited Partnership
  • Version One Ventures
  • Wellington Financial LP
  • Westcap Mgt. Ltd.
  • Yaletown Venture Partners Inc.

[21-1-o]

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

New Ministerial Instructions

Notice is hereby given, under subsection 87.3(6) of the Immigration and Refugee Protection Act, that the Minister of Citizenship and Immigration has established the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

Overview

Authority for these Ministerial Instructions is derived from section 87.3 of the Immigration and Refugee Protection Act (IRPA). The Instructions are directed to officers and the Minister’s delegates who are charged with handling and/or reviewing applications for permanent residence under the Immigrant Investor Venture Capital Class.

The Instructions come into force on May 25, 2015, and apply to applications received by designated Citizenship and Immigration Canada (CIC) offices on or after May 25, 2015.

Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner, as per processing priorities established by the Department.

These Instructions are intended to support a broader strategy for business immigration reform by stimulating innovation and growth in the Canadian economy through the provision of at-risk capital from investors that can be actively invested in Canadian start-ups with high growth potential. They are also intended to attract immigrant investors who will be well prepared to integrate into the Canadian business landscape and society.

These Instructions are consistent with IRPA objectives as laid out in section 3, specifically to pursue the maximum social, cultural and economic benefits of immigration; to enrich and strengthen the social and cultural fabric of Canadian society; to support the development of a strong and prosperous Canadian economy; and to protect public health and safety and to maintain the security of Canadian society.

The Instructions are compliant with the Canadian Charter of Rights and Freedoms.

The Instructions respect all previously established accords and agreements, including the Canada-Quebec Accord, and all existing agreements with provinces and territories.

Intake of permanent resident applications under the Immigrant Investor Venture Capital Class

In order to be considered a complete application under the Immigrant Investor Venture Capital Class, applications must pass a two-stage completeness check. For the initial completeness check, applications must meet the application kit requirements in place at the time of application receipt, including providing original designated language test results demonstrating that the applicant meets the language threshold for the Immigrant Investor Venture Capital Class as set by the Minister in each of the four language abilities (speaking, oral comprehension, reading, writing) and required evidence of education.

Applicants whose application passes the initial completeness check will be required to submit additional supporting documentation, including a due diligence report from a designated service provider, within the deadline specified by the designated CIC office. Only applications that meet the second stage completeness check requirements will be considered complete applications and eligible for processing.

CIC will accept permanent resident applications received under the Immigrant Investor Venture Capital Class starting on May 25, 2015. The first 60 complete applications received (including complete applications received in previous intake periods) will be put into processing. In addition, CIC will retain a waiting list of up to 60 additional applications which meet the requirements of the initial completeness check. These applications may be put into processing if they are required to arrive at the target of up to 60 permanent resident visas/approvals issued under this class.

Intake will remain open under the Immigrant Investor Venture Capital Class until one of the following:

  • Sixty permanent resident visas/approvals are issued under this class;
  • Sixty complete applications have been received and put into processing and 60 applications that meet the initial completeness check requirements have been retained on the waiting list; or
  • December 30, 2015.

In all cases, applicants meeting the criteria set out in the Ministerial Instructions are still subject to the Immigrant Investor Venture Capital Class requirements and all other applicable requirements of the IRPA.

The Instructions will remain in place unless otherwise indicated in future Ministerial Instructions.

No humanitarian and compassionate requests to overcome requirements of Ministerial Instructions

Requests made on the basis of humanitarian and compassionate grounds from outside Canada that accompany any permanent resident application affected by Ministerial Instructions but not identified for processing under the Instructions will not be processed.

Disposition

Once there are 60 applications on the waiting list that meet the initial completeness check requirements, all remaining applications will be returned along with processing fees. Once up to 60 permanent resident visas/approvals are issued under this class, all remaining applications, including those still on the waiting list, will be returned along with processing fees.

All applications received after December 30, 2015, will be returned along with processing fees.

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of a living organism — Candida utilis (C. utilis) strain ATCC (see footnote 1) 9950 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas C. utilis strain ATCC 9950 is a living organism on the Domestic Substances List identified under subsection 105(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft Screening Assessment conducted on this living organism, pursuant to paragraph 74(b) of the Act, is annexed hereby;

Whereas it is proposed to conclude that this living organism does not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on this living organism at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca). 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, 819-938-3231 (fax), substances@ec.gc.ca (email).

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.

DAVID MORIN
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

AMANDA JANE PREECE
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the Draft Screening Assessment of Candida utilis Strain ATCC 9950

Pursuant to paragraph 74(b) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Minister of the Environment and the Minister of Health have conducted a screening assessment of Candida utilis ATCC 9950.

C. utilis ATCC 9950 is a yeast that has characteristics in common with other strains of the species C. utilis. C. utilis can adapt to varying conditions and thrives in soil and water. Multiple potential uses of C. utilis in consumer, industrial, commercial and agricultural sectors exist. These include production of food, dietary supplements, probiotics, feeds, and biochemicals used in cosmetics and therapeutic drugs, bioremediation and wastewater treatment.

C. utilis has an established history of use as a feed supplement in aquaculture, swine, poultry, and livestock diets, yet only two incidents of infection in vertebrates have been attributed to C. utilis. In both cases, the affected animals had pre-existing conditions and the infections were effectively treated with anti-fungals. No reports in the literature showed significant effects of C. utilis in terrestrial or aquatic plants or invertebrates. Certain strains of C. utilis have anti-algal, antibacterial and anti-fungal properties, which allow its use as a biocontrol agent against pest micro-organisms.

Although C. utilis has also been extensively used in the food industry, the incidence of human infection with C. utilis is exceedingly low. There have been no reported human infections attributed specifically to C. utilis strain ATCC 9950 on the Domestic Substances List (DSL); however, some strains of C. utilis can act as opportunistic pathogens in susceptible individuals, particularly those who have a weakened immune system or underlying medical conditions.

This assessment considers the aforementioned characteristics of C. utilis ATCC 9950 with respect to environmental and human health effects associated with consumer product use and industrial processes subject to CEPA 1999, including releases to the environment through waste streams and incidental human exposure through environmental media. A conclusion under CEPA 1999 on this living organism has no bearing on and does not preclude assessments of products produced by or containing C. utilis ATCC 9950 as prescribed under the Food and Drugs Act. C. utilis ATCC 9950 was nominated for listing on the DSL for use in the food industry. To update information on current uses, the Government launched a mandatory information-gathering survey under section 71 of CEPA 1999 (section 71 notice) as published in the Canada Gazette, Part I, on October 3, 2009. Information submitted in response to the notice indicates that C. utilis ATCC 9950 was imported into Canada in 2008 for food use.

Considering all available lines of evidence presented in the draft Screening Assessment, there is a low risk of harm to the environment from C. utilis ATCC 9950. It is proposed to conclude that C. utilis ATCC 9950 does not meet the criteria under paragraph 64(a) or (b) of CEPA 1999 as it is not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

Also, based on the information presented in the draft Screening Assessment, it is also proposed to conclude that C. utilis ATCC 9950 does not meet the criteria under paragraph 64(c) of CEPA 1999 as it 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.

Proposed conclusion

It is proposed to conclude that C. utilis ATCC 9950 does not meet any of the criteria set out under section 64 of CEPA 1999.

The draft Screening Assessment for this living organism is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca).

[21-1-o]

DEPARTMENT OF THE ENVIRONMENT

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Publication after screening assessment of a living organism — Pseudomonas sp. ATCC (see footnote 2) 13867 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)

Whereas Pseudomonas sp. ATCC 13867 is a living organism on the Domestic Substances List identified under subsection 105(1) of the Canadian Environmental Protection Act, 1999;

Whereas a summary of the draft Screening Assessment conducted on this living organism, pursuant to paragraph 74(b) of the Act, is annexed hereby;

Whereas it is proposed to conclude that this living organism does not meet any of the criteria set out in section 64 of the Act,

Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action on this living organism at this time under section 77 of the Act.

Public comment period

As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca). 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, 819-938-3231 (fax), substances@ec.gc.ca (email).

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.

DAVID MORIN
Director General
Science and Risk Assessment Directorate

On behalf of the Minister of the Environment

AMANDA JANE PREECE
Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Summary of the Draft Screening Assessment of Pseudomonas sp. ATCC 13867

Pursuant to paragraph 74(b) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Minister of the Environment and the Minister of Health have conducted a screening assessment on Pseudomonas sp. ATCC 13867.

Pseudomonas sp. ATCC 13867 belongs to a group of strains that are currently without a validated species name. Prior to 1982, the species was referred to as Pseudomonas denitrificans before that name was officially rejected. For the purposes of this assessment, the name “Pseudomonas sp. ATCC 13867” will be used when information pertains specifically to this strain.

Pseudomonas sp. ATCC 13867 is a bacterium that can proliferate in soil and water. It has properties that make it of potential use in the production of vitamin B12, coenzyme Q, other biochemicals and biofuels, as well as in denitrification products for use in soil improvement, in treatment of activated sludge and wastewater and in oil degradation.

No adverse effects in terrestrial or aquatic plants, invertebrates or vertebrates or infections in humans have been attributed to Pseudomonas sp. ATCC 13867 or its close relatives.

This assessment considers the aforementioned characteristics of Pseudomonas sp. ATCC 13867 with respect to environmental and human health effects associated with potential consumer product use and industrial processes subject to CEPA 1999, including releases to the environment through waste streams and incidental human exposure through environmental media. To update information about current uses, the Government launched a mandatory information-gathering survey (section 71 notice) under section 71 of CEPA 1999, as published in the Canada Gazette, Part I, on October 3, 2009. Information submitted in response to the section 71 notice indicates that Pseudomonas sp. ATCC 13867 was not used in consumer and commercial products.

Considering all available lines of evidence presented in this draft Screening Assessment, there is a low risk of harm to organisms and the broader integrity of the environment from Pseudomonas sp. ATCC 13867. It is proposed to conclude that Pseudomonas sp. ATCC 13867 does not meet the criteria under paragraph 64(a) or (b) of CEPA 1999, as it is not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.

Also, based on the information presented in the draft Screening Assessment, it is also proposed to conclude that Pseudomonas sp. ATCC 13867 does not meet the criteria under paragraph 64(c) of CEPA 1999, as it 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.

Proposed conclusion

It is proposed to conclude that Pseudomonas sp. ATCC 13867 does not meet any of the criteria set out in section 64 of CEPA 1999.

The draft Screening Assessment for this living organism is available on the Government of Canada’s Chemical Substances Web site (www.chemicalsubstances.gc.ca).

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DEPARTMENT OF HEALTH

CONTROLLED DRUGS AND SUBSTANCES ACT

Notice to interested parties — Proposal regarding an order amending the schedules to the Controlled Drugs and Substances Act (CDSA) and regulations amending the regulations to the CDSA to facilitate legitimate access to certain substances

This notice provides interested stakeholders with the opportunity to provide comments on Health Canada’s proposal for the exclusion of barbituric acid, naloxegol and its salts, methylnaltrexone and its salts, as well as the salts of nalmefene, naloxone and naltrexone from the schedules to the CDSA and its regulations. This proposal also includes amendments to Part J of the Food and Drug Regulations (FDR) in order to add Catha edulis Forsk., cathine and cathinone in its schedule.

The CDSA and its regulations provide a framework for the control of substances that can alter mental processes and that may cause harm to health or to society when diverted to an illicit market or use. It has come to the attention of Health Canada that several substances that do not pose risks to public health and safety are captured under the schedules to the CDSA. In addition, certain substances scheduled under the Act are not listed under any of its regulations, thereby hampering access to these substances for legitimate purposes. Amendments to the schedules to the CDSA and its regulations are therefore being proposed to address these issues.

Barbituric acid

Barbiturate drugs are a group of central nervous system depressants that produce effects ranging from mild sedation to general anaesthesia and are used therapeutically as anaesthetics, anticonvulsants, anxiolytics, hypnotics and sedatives. Barbituric acid, the parent compound of barbiturate drugs, was regulated in the early 1960s at the same time as other barbiturate drugs, although it does not possess any psychoactive properties.

It is proposed that barbituric acid be explicitly excluded from Schedule IV to the CDSA and the schedule to Part G of the FDR as the likelihood of its illicit use or abuse is extremely low. Moreover, excluding barbituric acid from the prohibitions imposed under the CDSA would facilitate access to this substance for a wide variety of industrial purposes (e.g. as a reagent to test cyanide levels in soil and water; in the manufacture of pigments).

Naloxegol, methylnaltrexone and their salts and the salts of nalmefene, naloxone and naltrexone

Naloxone, naltrexone and nalmefene are opioid antagonists and are not psychoactive. They are specifically listed as exclusions under item 1 of Schedule I to the CDSA and in the schedule to the Narcotic Control Regulations (NCR). These substances are used clinically for the reversal of opioid overdose and the treatment of opioid addiction. Under this regulatory proposal, the scope of these exclusions would be extended to include the salts of these three substances as they also do not have any psychoactive properties.

The schedules to the CDSA and its regulations would also be amended to explicitly exclude methylnaltrexone and naloxegol as well as their salts. These substances, which are derivatives of naltrexone and naloxone, respectively, are similar to their parent substances in that they are not psychoactive and are not liable to abuse or addiction.

Catha edulis Forsk., cathine and cathinone

Catha edulis Forsk. is a plant whose leaves and fresh shoots are referred to as khat. The principle active ingredients in khat are cathinone and cathine, which are central nervous system stimulants related to amphetamine whose pharmacological effects are similar to those of amphetamine, although less potent.

Catha edulis Forsk., its preparations, derivatives, alkaloids and salts (including cathine) are controlled under item 19 of Schedule IV to the CDSA, while cathinone is listed as item 19 of Schedule III to the CDSA. However, they are not listed in the schedules to any of the regulations made under the CDSA. As a result, the only way that these substances can be accessed for legitimate purposes, including research and the manufacture of test kits and testing standards, is through an exemption issued under section 56 of the CDSA.

In light of the above, Health Canada is proposing to make amendments to Part J to the FDR to include Catha edulis Forsk., cathine and cathinone in its schedule so that legitimate activities with these substances can be authorized without the need for an exemption under section 56 of the CDSA. Substances scheduled under Part J to the FDR are defined as “restricted drugs” and can only be used for scientific and research purposes and in the manufacture of test kits.

The publication of this notice in the Canada Gazette, Part I, initiates a 30-day comment period. If you are interested in this process or have comments on this notice, please contact the Regulatory Policy Division, Controlled Substances and Tobacco Directorate, Healthy Environments and Consumer Safety Branch, Health Canada, by mail at Address Locator 0302A, 150 Tunney’s Pasture Driveway, Ottawa, Ontario K1A 0K9, or by email at ocs_regulatorypolicy-bsc_politiquereglementaire@hc-sc.gc.ca.

May 23, 2015

JACQUELINE GONÇALVEZ
Director General
Controlled Substances and Tobacco Directorate
Healthy Environments and Consumer Safety Branch

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DEPARTMENT OF HEALTH

CONTROLLED DRUGS AND SUBSTANCES ACT

Notice to interested parties — Proposed regulations amending regulations under the Controlled Drugs and Substances Act with respect to the issuance of licences and permits

This notice provides interested stakeholders with the opportunity to provide comments on Health Canada’s intent to pursue amendments to certain regulations under the Controlled Drugs and Substances Act (CDSA) to modernize their regulatory frameworks pertaining to licences and permits.

The CDSA is the means by which Canada fulfills its obligations under the United Nations (UN) Single Convention on Narcotic Drugs, 1961, the UN Convention on Psychotropic Substances, 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, which together form the basis for the current global drug control system. The objective of regulations under the CDSA is to allow legitimate activities with controlled substances and precursors while minimizing the risk of their diversion to illicit markets or uses.

To this end, regulations under the CDSA outline a licensing and permit regime for the conduct by a person or corporation of activities with controlled substances and precursor chemicals, including their production, sale, provision, importation and exportation. Within this context, a series of amendments to the Narcotic Control Regulations (NCR), the Benzodiazepines and Other Targeted Substances Regulations (BOTSR), Parts G and J of the Food and Drug Regulations (FDR-G and FDR-J) and the Precursor Control Regulations (PCR) are proposed to modernize this regime and increase its effectiveness in protecting public health and maintaining public safety.

Amendments would be made to these regulations to align the issuance processes and maximum validity periods of licences (up to three years after their effective dates) and import/export permits (up to six months or the expiry date set out in the licence, whichever is earliest) in order to more efficiently administer the regulations. Information required for import/export permit applications, as well as information to be included in permits, would also be made explicit in all of the regulations. Licensed dealers would also be required across the regulations to submit to Health Canada an import/export declaration within 15 days of the actual importation/exportation.

At present, licensed dealers who are makers or assemblers of controlled substances that are not test kits are required, as part of their licence, to have an annexed list setting out specific information for each type of product or compound made or assembled under their licence. While the proposed amendments would require licensed dealers to maintain and submit an up-to-date product and compound list to Health Canada prior to the activities taking place, this list would no longer be an annex to a dealer’s licence. Consequently, licences would no longer need to be amended to reflect changes to the list in question.

For licensed dealers conducting activities with controlled substances, the range of acceptable educational qualifications required for a qualified person in charge or the alternate qualified person in charge would be clarified and broadened. Within this context, a broader range of university and college degrees and other training relevant to the position in question would be acceptable.

New provisions in each of the regulations would authorize the Minister to change or add conditions on a dealer’s licence at any time (i.e. in addition to being able to do so when a licence is issued or renewed) to address public health and public safety concerns. Provisions related to the Minister’s authority to refuse to issue, renew or amend a licence, as well as to revoke or suspend a licence, would also be amended. These modifications would clarify that the Minister can take these actions where the Minister has reasonable grounds to believe that it is necessary to protect public health and maintain public safety. Provisions pertaining to the Minister’s authority to refuse to issue an import/export permit would also be amended to mirror the authorities currently contained in the BOTSR.

Regulations pertaining to controlled substances would be amended to include new provisions requiring licensed dealers to report suspicious transactions. Amendments would also be made to allow for the electronic issuance and processing of licences and permits, as well as explicitly and consistently allowing regulated parties the option of utilizing electronic ordering systems and keeping electronic rather than paper records of their regulated activities.

The publication of this notice in the Canada Gazette, Part I, initiates a 30-day comment period. If you are interested in this process or have comments on this notice, please contact the Regulatory Policy Division, Controlled Substances and Tobacco Directorate, Healthy Environments and Consumer Safety Branch, Health Canada, by mail at Address Locator: 0302A, 150 Tunney’s Pasture Driveway, Ottawa, Ontario K1A 0K9, or by email at ocs_regulatorypolicy-bsc_politiquereglementaire@hc-sc.gc.ca.

May 23, 2015

JACQUELINE GONÇALVEZ
Director General
Controlled Substances and Tobacco Directorate
Healthy Environments and Consumer Safety Branch

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DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position Order in Council
Barron, François 2015-492

Parole Board of Canada

 

Full-time member

 
Blais, Marie-Claude, Q.C. 2015-552

Court of Queen’s Bench of New Brunswick (Trial Division)

 

Judge

 

Court of Appeal of New Brunswick

 

Judge ex officio

 
Canadian Centre for Occupational Health and Safety  

Governors of the Council

 

Nairne, Ross William

2015-500

Pouliot, Marcel

2015-501

Winters, Troy William

2015-502
Canadian Cultural Property Export Review Board  

Members

 

Feheley, Patricia

2015-496

Lochnan, Katharine A.

2015-497
Canadian Institutes of Health Research  

Members of the Governing Council

 

Turik, Lori

2015-490

Wilson, The Hon. Michael H., P.C., C.C.

2015-491
Canadian Radio-television and Telecommunications Commission  

Full-time members

 

MacDonald, Christopher P. — Atlantic

2015-498

Vennard, Linda — Alberta — Northwest Territories

2015-499
Chapman, Bruce 2015-539

Northwest Atlantic Fisheries Organization — General Council and Fisheries Commission

 

Canadian representative

 
Competition Tribunal  

Member and Chairperson

 

Gascon, The Hon. Denis

2015-513/2015-547

Members

 

Barnes, The Hon. Robert L.

2015-506

Crampton, The Hon. Paul S.

2015-505
Farm Credit Canada  

Chairperson of the Board of Directors

 

Johnston, Dale

2015-534

Priddle, Doris Armitage

2015-535
Fréchette, Serge 2015-519

Canadian International Trade Tribunal

 

Temporary member

 
Hood, Kenneth G. 2015-550

Superior Court of Justice in and for the Province of Ontario

 

Judge

 

Court of Appeal for Ontario

 

Judge ex officio

 
Housakos, The Hon. Leo 2015-559

Speaker of the Senate

 
Hoy, The Hon. Alexandra H. 2015-483

Government of Ontario

 

Administrator

 

May 5 to May 7, 2015

 
International Pacific Halibut Commission  

Members

 

Assu, Ted

2015-541

Ryall, Paul

2015-540
Jeffery, Robert 2015-494

Canadian Broadcasting Corporation

 

Director of the Board of Directors

 
Jesudason, R. Lester, Q.C. 2015-551

Supreme Court of Nova Scotia (Family Division)

 

Judge

 

Nova Scotia Court of Appeal

 

Judge ex officio

 
Knox, Kenneth W. 2015-511

Science, Technology and Innovation Council

 

Chairperson — part-time basis

 
KPMG LLP 2015-533

Canadian Egg Marketing Agency

 

Auditor

 
Laird, Nancy M. 2015-507

Business Development Bank of Canada

 

Director of the Board of Directors

 
Lal, Stindar, Q.C. 2015-545

Inuvialuit Arbitration Board

 

Chairman

 
Leduc, Raymond 2015-508

National Research Council of Canada

 

Member

 
MacPherson, Sheila Marlene 2015-503

Canadian Human Rights Commission

 

Part-time member

 
National Aboriginal Economic Development Board  

Members

 

Paul, Terrance

2015-542

Stinson Henry, Sharon

2015-543

Member and Vice-Chairperson

 

Madahbee, Dawn

2015-544
National Energy Board  

Temporary members

 

Ballem, James

2015-530

Gauthier, Jacques

2015-532

Hamilton, David

2015-528

Richmond, Michael

2015-531

Scott, Alison

2015-529
National Farm Products Council  

Members

 

Dubé, Maryse

2015-536

Hill, Kimberley G.

2015-537
Perrault, Anie 2015-504

Canadian Human Rights Tribunal

 

Part-time member

 
Port Authority  

Directors

 

Buckler, Tracy — Thunder Bay

2015-526

Crema, Ronald Victor — Port Alberni

2015-525

Poirier, Robert D. — Toronto

2015-527

Trumper, Gillian — Port Alberni

2015-524
Poudrette, Danielle 2015-512

Canadian Tourism Commission

 

Director of the Board of Directors

 
Rabisca, Camilla 2015-546

Sahtu Renewable Resources Board

 

Alternate member

 
Raju, Ram Krishna 2015-495

Telefilm Canada

 

Member

 
Rivoalen, The Hon. Marianne 2015-553

Her Majesty’s Court of Queen’s Bench for Manitoba (Family Division)

 

Associate Chief Justice

 
Roberts, The Hon. Lois B. 2015-549

Court of Appeal for Ontario

 

Justice of Appeal

 

Superior Court of Justice in and for the Province of Ontario

 

Judge ex officio

 
Saxton, Andrew 2015-493

Canadian Commercial Corporation

 

Director of the Board of Directors

 
Security Intelligence Review Committee  

Chairman

 

Blais, The Hon. Pierre, P.C.

2015-554

Member

 

Morin, The Hon. Marie-Lucie, P.C.

2015-555
Shortreed, Sarah 2015-509

Natural Sciences and Engineering Research Council

 

Member

 
Siemens, Raymond G. 2015-510

Social Sciences and Humanities Research Council

 

Member

 
Southcott, Richard F. 2015-548

Federal Court

 

Judge

 

Federal Court of Appeal

 

Member ex officio

 
Steel, The Hon. Freda M. 2015-482

Government of Manitoba

 

Administrator

 

May 3 to May 17, 2015

 
Swerdfager, Trevor M. 2015-538

Great Lakes Fishery Commission

 

Member

 
Veterans Review and Appeal Board  

Temporary members

 

O’Kurley, Brian

2015-523

Taylor, Brent

2015-522

Vautour, Angela

2015-521

Woodfield, Richard

2015-520

May 14, 2015

DIANE BÉLANGER
Official Documents Registrar

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DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Chambre de commerce et d’industrie Beauharnois-Valleyfield

Notice is hereby given that His Excellency the Governor General in Council, by Order in Council dated April 23, 2015, has been pleased to change the name of the Chambre de commerce et d’industrie Beauharnois-Valleyfield to the Chambre de commerce et d’industrie Beauharnois-ValleyfieldHaut-Saint-Laurent upon petition made therefor under section 39 of the Boards of Trade Act.

April 30, 2015

VIRGINIE ETHIER
Director
For the Minister of Industry

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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 Ottawa Police Service as a fingerprint examiner:

Ugo Garneau

Ottawa, May 6, 2015

KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch

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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 Saanich Police Service as a fingerprint examiner:

Paul Graham Luhowy

Ottawa, May 6, 2015

KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Vancouver Fraser Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS the Governor in Council, pursuant to Part 5.1 of the Port Authorities Management Regulations, issued a Certificate of Amalgamation containing letters patent to amalgamate the Vancouver Port Authority, the Fraser River Port Authority and the North Fraser Port Authority to continue as the Vancouver Fraser Port Authority (“Authority”), effective January 1, 2008;

WHEREAS Schedule B of the letters patent sets out the federal real property managed by the Authority and Schedule C of the letters patent sets out the real property, other than federal real property, held or occupied by the Authority;

WHEREAS, following negotiations between the Authority and the Corporation of the City of North Vancouver, the Authority wishes to

  • (i) exchange real property pursuant to subparagraph 46(1)(b)(i) of the Canada Marine Act (“Act”), and
  • (ii) acquire real property pursuant to subsection 46(2.1) of the Act;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent amending Schedule B and Schedule C of the letters patent to reflect the said property transactions;

AND WHEREAS the Minister is satisfied that the amendments to the letters patent are consistent with the Act;

NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent are amended as follows:

1. Schedule B of the letters patent is amended by striking out “and” at the end of the paragraph that begins with “18thly”, by adding “and” at the end of the paragraph that begins with “19thly”, and by adding the following after the paragraph that begins with “19thly:

20thly, those parcels totaling 5,500 m2 shown as Road on Plan EPP 42066, District Lot 274, Group 1, New Westminster District formerly being portions of the following PIDs:

PID Description
008-501-033 Lot 3, Block 175, District Lot 274, New Westminster District Plan 13715
025-075-144 Lot 2, Block 175 and of that portion of the bed and foreshore of Burrard Inlet lying in front of Blocks 175 and 176, District Lot 274, Group 1, New Westminster District Plan LMP50308
012-116-432 Lot 12, except part in Reference Plan 2664, Block 175, District Lot 274, Plan 878, New Westminster District
012-116-441 Lot 13, except part in Reference Plan 2664, Block 175, District Lot 274, Plan 878, New Westminster District
012-116-467 Lot 14, except part in Reference Plan 2120, Block 175, District Lot 274, Plan 878, New Westminster District
012-116-483 Lot 15, except part in Reference Plan 2120, Block 175, District Lot 274, Plan 878, New Westminster District
012-116-491 Lot 16, except part in Reference Plan 2120, Block 175, District Lot 274, Plan 878, New Westminster District
008-499-535 Lot 1, Block 173, District Lot 274, New Westminster District Plan 13729
015-990-915 Block 171a (Reference Plan 3141), Group 1, New Westminster District, Except (A) Part in Reference Plan 3184 and (B) Part in Plan 19536, District Lot 274

Note: The above amendment to the description of federal real property in Schedule B of the letters patent is to allow for the disposal of federal real property in favour of the Corporation of the City of North Vancouver as part of the exchange.

2. Schedule B of the letters patent is amended by adding the following after PID Number 029-261-597 and its corresponding description:

 

Those parcels totaling 6,225.7 m2 described as:

  • Lot A, District Lots 273 and 274, Group 1, New Westminster District, Plan EPP 42067; and
  • Lot B, District Lot 274, Group 1, New Westminster District, Plan EPP 42067

Note: The above amendment to the description of federal real property in Schedule B of the letters patent reflects the acquisition of real property from the Corporation of the City of North Vancouver as part of the exchange.

3. Schedule C of the letters patent is amended by adding the following after the description of property beginning with “229.8 square metres and 0.372 hectares of fee simple interest in land described on Reference Plan EPP 32974…”:

  That parcel totaling 17,200 m2 shown as Closed Road on Plan EPP 42068, District Lots 272 and 273, Group 1, New Westminster District

4. These supplementary letters patent take effect on the date of registration in the New Westminster Land Title Office of the documents evidencing the said property transactions.

ISSUED this 20th day of April, 2015.

_______________________________
The Honourable Lisa Raitt, P.C., M.P.
Minister of Transport

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