Canada Gazette, Part I, Volume 152, Number 24: GOVERNMENT NOTICES

June 16, 2018

DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT

DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT

CANADA STUDENT LOANS REGULATIONS

Interest rates

In accordance with subsection 13(3) of the Canada Student Loans Regulations, notice is hereby given that, pursuant to subsections 13(1) and 13(2) respectively, the Minister of Employment, Workforce Development and Labour has fixed the Class “A” rate of interest at 2.000% and the Class “B” rate of interest at 2.375% for the loan year beginning on August 1, 2017, and ending on July 31, 2018.

August 1, 2017

The Honourable Patricia A. Hajdu, M.P.
Minister of Employment, Workforce Development and Labour

DEPARTMENT OF HEALTH

DEPARTMENT OF HEALTH

CONTROLLED DRUGS AND SUBSTANCES ACT

Notice to interested parties — Proposal to add tramadol to Schedule I to the Controlled Drugs and Substances Act and the Schedule to the Narcotic Control Regulations

This notice provides interested stakeholders with the opportunity to provide comments on Health Canada’s intent to amend Schedule I to the Controlled Drugs and Substances Act (CDSA) and the Schedule to the Narcotic Control Regulations (NCR) to include tramadol, its salts, isomers and derivatives and the salts and isomers of its derivatives.

Tramadol is an opioid analgesic that is used to treat moderate to moderately severe pain. It has been marketed in Canada since 2005, and is available by prescription.

Like many opioids, tramadol can produce dependence and euphoria, and has the potential for problematic use. While tramadol itself is a weak opioid, when taken orally, it is partially metabolized to produce the opioids M1 and M5, with M1 being a much more potent opioid than tramadol itself. There is evidence that high doses of oral tramadol can produce effects similar to some opioids controlled under the CDSA.

Tramadol can also cause adverse effects that may pose serious health risks, including seizures, serotonin syndrome, and respiratory failure. Adverse events related to problematic use and dependence have been reported in many countries, including 14 reported deaths in Canada.

The CDSA and its regulations provide a legislative framework for the control of substances that can alter mental processes and that may produce harm to individuals or to society.

Scheduling tramadol under the CDSA and NCR would help to prevent diversion of tramadol and protect Canadians from the health risks associated with unauthorized use, while maintaining its availability for legitimate medical and scientific use. Pharmacists would continue to be authorized to dispense tramadol to patients with a written prescription from a practitioner, but verbal prescriptions and refills would no longer be permitted.

The publication of this notice in the Canada Gazette, Part I, initiates a 60-day comment period. Anyone interested in this process or who has comments on this notice should contact Legislative and Regulatory Affairs, Controlled Substances 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 hc.csd.regulatory.policy-politique.reglementaire.dsc.sc@canada.ca.

Michelle Boudreau
Director General
Controlled Substances Directorate

DEPARTMENT OF INDUSTRY

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Barnes, Donald Paul

2018-573

Marine Atlantic Inc.

 

President and Chief Executive Officer

 

Guérette, Christine

2018-593

Military Grievances External Review Committee

 

Chairperson

 

MacEachern, Pamela

2018-570

Superior Court of Justice in and for the Province of Ontario, a member of the Family Court branch

 

Judge

 

Court of Appeal for Ontario

 

Judge ex officio

 

Parole Board of Canada

 

Full-time members

 

Beaubien, Micheline

2018-642

D’Souza, Kevin

2018-643

Nash, Ryan D.

2018-644

Part-time members

 

Scott, Karley

2018-626

Snyder, Christine Rudolph

2018-623

Sarantakis, Taki

2018-597

Canada School of Public Service

 

President

 

Superior Court of Justice in and for the Province of Ontario

 

Judges

 

Court of Appeal for Ontario

 

Judges ex officio

 

Champagne, Nathalie

2018-569

Nieckarz, Tracey J.

2018-571

June 8, 2018

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF INDUSTRY

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senator called

Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada bearing the date of June 1, 2018:

June 8, 2018

Diane Bélanger
Official Documents Registrar

OFFICE OF THE REGISTRAR GENERAL

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senators called

Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada bearing the date of June 6, 2018:

June 8, 2018

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF TRANSPORT

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order No. 9 Respecting the Use of Model Aircraft

Whereas the annexed Interim Order No. 9 Respecting the Use of Model Aircraft is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to section 4.9footnotea, paragraphs 7.6(1)(a)footnoteb and (b)footnotec and section 7.7footnoted of Part I of the Aeronautics Actfootnotee;

And whereas, pursuant to subsection 6.41(1.2)footnotef of that Act, the Minister of Transport has consulted with the persons and organizations that that Minister considers appropriate in the circumstances before making the annexed Order;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)footnotef of the Aeronautics Actfootnotee, makes the annexed Interim Order No. 9 Respecting the Use of Model Aircraft.

Ottawa, May 31, 2018

Marc Garneau
Minister of Transport

Interim Order No. 9 Respecting the Use of Model Aircraft

Interpretation

Definitions

1 (1) The following definitions apply in this Interim Order.

area of natural hazard or disaster means an area affected by an extreme natural event such as a flood, hurricane, storm surge, tsunami, avalanche, landslide, tornado, forest fire or earthquake. (région touchée par des aléas naturels ou une catastrophe)

MAAC means the Model Aeronautics Association of Canada. (MAAC)

model aircraft means an aircraft, including an unmanned aircraft commonly known as a drone, the total weight of which does not exceed 35 kg (77.2 pounds), that is mechanically driven or launched into flight for recreational purposes and that is not designed to carry persons or other living creatures. (modèle réduit d’aéronef)

Regulations means the Canadian Aviation Regulations. (Règlement)

restricted airspace means airspace of fixed dimensions that is so specified in the Designated Airspace Handbook and within which the flight of an aircraft is restricted in accordance with conditions specified in that Handbook, or airspace that is restricted under section 5.1 of the Act. (espace aérien réglementé)

unmanned air vehicle means a power-driven aircraft, other than a model aircraft, that is designed to fly without a human operator on board. (véhicule aérien non habité)

visual line-of-sight or VLOS means unaided visual contact with an aircraft that is sufficient to be able to maintain control of the aircraft, know its location and be able to scan the airspace in which it is operating to sense and avoid other aircraft or objects. (visibilité directe ou VLOS)

Interpretation

(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.

Conflict between Interim Order and Regulations

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Designated Provisions

Designation

2 (1) The provisions set out in column I of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(2) The amounts set out in column II of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column I.

Notice

(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify

Application

Recreational purposes

3 (1) Subject to subsection (2), this Interim Order applies in respect of model aircraft having a total weight of more than 250 g (0.55 pounds) but not more than 35 kg (77.2 pounds).

(2) This Interim Order does not apply to

Suspended Provision of Regulations

Prohibited use

4 The effect of section 602.45 of the Regulations is suspended in respect of the model aircraft referred to in subsection 3(1).

Model Aircraft Operating and Flight Provisions

Prohibitions

5 (1) A person must not operate a model aircraft

(2) A person must not operate more than one model aircraft at a time.

(3) A person must not operate a model aircraft having a total weight of more than 250 g (0.55 pounds) but not more than 1 kg (2.2 pounds) at a lateral distance of less than 100 feet (30 m) from vehicles, vessels or any person not associated with the operation of the aircraft.

(4) A person must not operate a model aircraft having a total weight of more than 1 kg (2.2 pounds) but not more than 35 kg (77.2 pounds) at a lateral distance of less 250 feet (76 m) from vehicles, vessels or any person not associated with the operation of the aircraft.

(5) A person must not operate a model aircraft

(6) A person must not operate a model aircraft over or within

Right of way

6 A person operating a model aircraft must give way to manned aircraft at all times.

Visual Line-of-Sight

7 (1) A person operating a model aircraft must ensure that it is operated within VLOS at all times during the flight.

(2) A person must not operate a model aircraft at a lateral distance of more than 1,640 feet (500 m) from the person’s location.

Contact information

8 The owner of a model aircraft must not operate or permit a person to operate the aircraft unless the name, address and telephone number of the owner are clearly made visible on the aircraft.

Repeal

9 Interim Order No. 8 Respecting the Use of Model Aircraft, made on June 16, 2017, is repealed if this Interim Order is made before Interim Order No. 8 Respecting the Use of Model Aircraft ceases to have effect.

SCHEDULE

(Subsections 2(1) and (2))

Designated Provisions

Column I

Column II

Maximum Amount of Penalty ($)

Designated Provision

Individual

Corporation

Section 5

3,000

15,000

Section 6

3,000

15,000

Section 7

3,000

15,000

Section 8

3,000

15,000

EXPLANATORY NOTE

(This note is not part of the Interim Order.)

Proposal

This Order approves the making of Interim Order No. 9 Respecting the Use of Model Aircraft (hereafter referred to as Interim Order No. 9) to replace Interim Order No. 8 Respecting the Use of Model Aircraft (hereafter referred to as Interim Order No. 8) made under subsection 6.41(1) of the Aeronautics Act by the Minister of Transport on May 31, 2018.

Contents of the Interim Order No. 9

The Interim Order No. 9 applies to all model aircraft (hereafter referred to as drones) having a total weight between 250 g and 35 kg operated for recreational purposes. The Interim Order No. 9 does not apply to drones flown by members of Model Aeronautics Association of Canada (MAAC) exclusively at MAAC administered fields or events.

The Interim Order No. 9 requires all recreational use of drones to take place under 300 feet above ground level (AGL) and prohibits operations within 3 nautical miles (nm) [5.6 km] of an aerodrome or within an aerodrome’s controlled airspace, whichever is greater, or within 1 nm (1.9 km) of a heliport. The operation of a drone over or within 9 km of an area of natural disaster or hazard and the security perimeter of a first responder emergency operation site, or operations within controlled or restricted airspace are also prohibited.

The Interim Order No. 9 sets out specific requirements for the operation of smaller drones having a total weight of more than 250 g and up to 1 kg. Specifically, it prohibits the operations of those drones within a lateral distance of less than 100 feet (30 m) from vehicles, vessels or the public, including any person not associated with the operation. For larger drones having a total weight between 1 kg and 35 kg, operations within a lateral distance of less than 250 feet (76 m) of vehicles, vessels or the public are prohibited. The Interim Order No. 9 requires that a person operating a drone shall give way to all other manned aircraft and shall operate in visual line-of-sight during the flight. It also prohibits the operation of a drone at a lateral distance of more than 1 640 feet (500 m) from the person’s location. Further, to promote personal accountability, the drone owner is required to have their name, address and telephone number clearly visible on the drone.

Objective

The objective of Interim Order No. 9 is to improve aviation safety, to protect the public and to ensure the safe operation of model aircraft, given the June 16, 2018, expiry of Interim Order No. 8, which currently manages these risks.

Background

The commercial and recreational drone industry continues to grow at an unprecedented rate. The rapid surge in popularity and accessibility of drones has led to an increase in the number of reported incidents, as the majority of new and inexperienced users are flying their drones without a clear understanding of the potential safety risks associated with their use. In Canada, between 2014 and 2016, the number of reported aviation-related drone incidents rose from 41 to 148, an increase of 260%. These incidents have included high profile reports of near misses with aircraft (including a Porter flight being forced to take action to avoid a drone near Toronto in November 2016 that injured two flight attendants) and drones flying too close to flight paths, airports and commercial aircraft, and in a dangerous manner over people on the ground.

To address these significant and immediate risks to aviation and people on the ground, the Minister of Transport made the Interim Order No. 1 Respecting the Use of Model Aircraft (hereafter referred to as Interim Order No. 1) on March 13, 2017, and Interim Order No. 8 was approved by the Governor in Council (GIC) on June 16, 2017. Initial analysis indicates that Interim Order No. 8 has been effective. Though a direct correlation cannot be made, statistics from 2017 show a decline of 8.1% in the number of reported aviation-related incidents involving drones, despite the ongoing growth of recreational drone operations. That being said, recreational use of drones continues to be an issue. Canada’s first recorded collision between an aircraft and a drone occurred near Québec City Jean Lesage International Airport in October 2017. Without any regulatory framework in place for recreational drone operators, it is highly likely that such an incident could happen again, and with the potential for catastrophic consequences.

At the outset of the regulatory strategy of Transport Canada (hereafter referred to as TC or the Department), there was an expectation that Interim Order No. 8 would cover the period from when the proposed regulations were prepublished in the Canada Gazette, Part I, in July 2017 until they were finalized and published in the Canada Gazette, Part II, in 2018. However, following national consultations and based on comments received, TC has identified a number of improvements that should be made to the proposed regulations before they can be considered for approval by the Governor in Council. Finalization of these improvements is not anticipated until the fall of 2018, after the expiry of Interim Order No. 8.

Implications

The Aeronautics Act authorizes the Minister of Transport to make an interim order, notably where it is necessary to address a significant risk, direct or indirect, to aviation safety or the safety of the public. The Minister of Transport made Interim Order No. 9 on May 31, and without the approval of the Governor in Council, Interim Order No. 9 would expire on June 14, 2018.

The provisions of Interim Order No. 8 are designated and, therefore, subject to administrative monetary penalties (AMPs) for non-compliance. Determination of penalty levels were based on an assessment of potential safety impact and estimates of public acceptability, in this case, to a maximum of $3,000/offence for an individual and $15,000/offence for a corporation. Oral counselling is encouraged as a first step; in addition, lesser amounts were established for first-time and second-time offenders with some consideration for adjusting those penalties lower by as much as 30% for mitigating factors. For example, a first-time offender could be subject to a penalty level as low as $750 less 30% ($525). Thus far, the Department has issued 18 AMPs and an additional 39 investigations are still underway for contraventions of Interim Order No. 8.

The recreational drone community is estimated at 153 000 operators in 2018 with a projected increase to 244 675 operators by 2025. In 2017, following the making of Interim Order No. 8, TC launched an outreach strategy consisting of a public announcement by the Minister, the addition of online tools and resources and messages on social media to inform Canadians of the new requirements, including how they would be enforced. The Department employed communication tools (e.g. news releases, media events, infographics and info photos for social media) in order to reach the largest audience possible. This strategy would be continued following the making of Interim Order No. 9.

Consultation

In advance of making Interim Order No. 1, TC officials consulted with stakeholders, including the Model Aeronautics Association of Canada (MAAC), and Unmanned Systems Canada (USC). In addition, traditional aviation stakeholders, including Air Transport Association of Canada (ATAC), Helicopter Association of Canada (HAC), Canadian Business Aviation Association (CBAA), Canadian Airports Council (CAC), Canadian Owners and Pilots Association (COPA), National Airlines Council of Canada (NACC) and NAV CANADA were informed of plans to make an interim order to address the issue. In general, those consulted were supportive of the initiative to address the immediate and significant risk that comes with the increased use of drone operations by recreational users in advance of the new regulations coming into force.

Other interested departments, stakeholders and interested parties were also consulted by email, including the Canadian Association of Chiefs of Police (CACP), the Royal Canadian Mounted Police (RCMP) and the Federation of Canadian Municipalities (FCM).

Though supported by the aviation and law enforcement community, model aircraft users expressed opposition to the early iterations of the Interim Order No. 1. This included concerns that the provisions were too strict and limited operation in too many locations across the country. Further analysis and taking this feedback into account led to less restrictive changes to Interim Order No. 8. The updated Interim Order No. 8 garnered a more positive response and increased support.

Departmental contact

Felix Meunier
Director
Unmanned Aircraft Systems Task Force
Transport Canada

ENVIRONMENT AND CLIMATE CHANGE CANADA

ENVIRONMENT AND CLIMATE CHANGE CANADA

Notice with respect to the availability of guidelines for the siting of wind turbine installations in relation to weather radars

Environment and Climate Change Canada (ECCC) meteorologists rely on weather radar for detection and short-term predictions and warnings of severe weather (e.g. heavy snow, tornadoes, severe thunderstorms, hail, sudden downpours, and flash flooding). Wind turbine farms built in close proximity to weather radars can interfere with the operation of the radar, and can impact ECCC’s ability to produce accurate severe weather forecasts and warnings. This can potentially put Canadians and their property at risk.

ECCC has been working with provinces, territories and wind farm proponents to reduce wind farm interference with ECCC radars over the past few years. The conclusion of these consultations has resulted in the publication of the Guidelines for Wind Turbine and Weather Radar Siting. These Guidelines and background information are available on the ECCC website.

Gatineau, June 2018

Robert Daigle
Acting Director General
Monitoring and Data Services
Meteorological Service of Canada

PRIVY COUNCIL OFFICE

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website.

Position

Organization

Closing date

President and Chief Executive Officer

Canada Deposit Insurance Corporation

 

Chairperson

Canada Lands Company Limited

 

President and Chief Executive Officer

Canada Post Corporation

 

Vice-Chairperson

Canadian Human Rights Tribunal

June 27, 2018

Chairperson

Canadian Race Relations Foundation

 

Chairperson

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

 

Commissioner of Corrections

Correctional Service Canada

 

Director

CPP Investment Board

 

Commissioner

Financial Consumer Agency of Canada

 

Member (Sask., Man., and Alta.)

Historic Sites and Monuments Board of Canada

July 19, 2018

Members (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

Parliamentary Librarian

Library of Parliament

 

Director

National Gallery of Canada

 

President

National Research Council of Canada

 

Canadian Ombudsperson for Responsible Enterprise

Office of the Canadian Ombudsperson for Responsible Enterprise

 

Chief Electoral Officer

Office of the Chief Electoral Officer

 

Commissioner of Competition

Office of the Commissioner of Competition

 

Parliamentary Budget Officer

Office of the Parliamentary Budget Officer

 

Superintendent

Office of the Superintendent of Bankruptcy Canada

 

Veterans’ Ombudsman

Office of the Veterans’ Ombudsman

 

Members (April to June 2018 cohort)

Parole Board of Canada

June 29, 2018

Chairperson

Social Security Tribunal of Canada

 

Chief Statistician of Canada

Statistics Canada

 

Executive Director

Telefilm Canada

 

Chief Executive Officer

Windsor-Detroit Bridge Authority

 

Continuous intake

Opportunities posted on an ongoing basis.

Position

Organization

Closing date

Full-time and Part-time Members

Immigration and Refugee Board

June 29, 2018

Upcoming opportunities

New opportunities that will be posted in the coming weeks.

Position

Organization

Commissioners

International Joint Commission