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Vol. 138, No. 45 — November 6, 2004
GOVERNMENT NOTICES
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2004-66-08-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added to the Domestic Substances List the substance referred to in the annexed Order;
Therefore, the Minister of the Environment, pursuant to subsection 66(3) of the Canadian Environmental Protection Act, 1999 (see footnote b), hereby makes the annexed Order 2004-66-08-02 Amending the Non-domestic Substances List.
Ottawa, October 21, 2004
STÉPHANE DION
Minister of the Environment
ORDER 2004-66-08-02 AMENDING THE
NON-DOMESTIC SUBSTANCES LIST
AMENDMENT
1. Part I of the Non-domestic Substances List (see footnote 1) is amended by deleting the following:
12027-70-2
COMING INTO FORCE
2. This Order comes into force on the day on which Order 2004-66-08-01 Amending the Domestic Substances List comes into force.
[45-1-o]
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2004-87-08-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999 (see footnote c), the Minister of the Environment has added to the Domestic Substances List the substances referred to in the annexed Order;
Therefore, the Minister of the Environment, pursuant to subsection 87(1) of the Canadian Environmental Protection Act, 1999 (see footnote d), hereby makes the annexed Order 2004-87-08-02 Amending the Non-domestic Substances List.
Ottawa, October 21, 2004
STÉPHANE DION
Minister of the Environment
ORDER 2004-87-08-02 AMENDING THE
NON-DOMESTIC SUBSTANCES LIST
AMENDMENTS
1. Part I of the Non-domestic Substances List (see footnote 2) is amended by deleting the following:
| numbers 1 | numbers 2 | numbers 3 |
|---|---|---|
| 506-51-4 | 103671-40-5 | 169873-99-8 |
| 506-52-5 | 113355-05-8 | 171543-66-1 |
| 49625-74-3 | 130202-43-6 | 171543-67-2 |
| 57828-93-0 | 147442-92-0 | 206072-38-0 |
| 68937-10-0 | 156436-87-2 |
2. Part II of the List is amended by deleting the following:
11382-6
Hexane, substituted-, 1-propanethiol,
3-(trimethoxysilyl)-, reaction product Hexane substitué,
3-(triméthoxysilyl)propane-1-thiol, produit de réaction
COMING INTO FORCE
3. This Order comes into force on the day on which Order 2004-87-08-01 Amending the Domestic Substances List comes into force.
[45-1-o]
DEPARTMENT OF HEALTH
FOOD AND DRUGS ACT
Food and Drug Regulations — Amendment
Interim Marketing Authorization
The Food and Drug Regulations set out extensive nutritional requirements for human milk substitutes (infant formulas). These include minimum levels for all 13 vitamins and, in the case of vitamins A and D, maximum levels.
Health Canada has received a submission to increase the maximum level of vitamin D in infant formula from the current permitted level of 80 International Units (IU) per 100 kilocalories (kcal) to 100 IU per 100 kcal. This maximum level includes any overage that may be required to assure that the amount of the vitamin indicated on the label is present in the food throughout its shelf life.
Health Canada completed a safety assessment of the proposal to increase the maximum level of vitamin D in infant formula to the level stated above. Evaluation of the available data supports the safety of this maximum level of vitamin D in infant formula.
This new maximum level of vitamin D is consistent with the maximum level of 100 IU/100 kcal that was set in 1985 by the United States Food and Drug Administration. It is in line with the Codex Alimentarius for standard infant formula published in 1987, which was reconfirmed in 2003 as part of the ongoing revision of this standard. It is also in line with the report The Revision of Essential Requirements of Infant Formulae and Follow-on Formulae published in 2003 by the European Commission's Scientific Committee on Food. All of these organizations recommended levels of vitamin D in infant formula that are higher than the current maximum level allowed under section B.25.054 of the Food and Drug Regulations.
Therefore, Health Canada intends to recommend that section B.25.054 of the Food and Drug Regulations be amended to provide that a human milk substitute may contain a maximum amount, including overage, of 100 IU of vitamin D per 100 available kilocalories.
As a means to improve the responsiveness of the regulatory system, an Interim Marketing Authorization (IMA) is being issued to permit the immediate sale of infant formula with a maximum level of vitamin D as indicated above while the regulatory process is undertaken to formally amend the Regulations.
October 22, 2004
DIANE C. GORMAN
Assistant Deputy Minister
Health Products and Food Branch
[45-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Application for surrender of charter
Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, an application for surrender of charter was received from
| File Number | Name of Company | Received |
|---|---|---|
| 153896-9 | CANADIAN CITIZENSHIP FEDERATION/ LA FEDERATION CANADIENNE DU CIVISME |
04/10/2004 |
| 323571-8 | Mission Lux Eaterna Inc. / Lux Aeterna Mission Inc. |
16/09/2004 |
October 29, 2004
AÏSSA AOMARI
Director
Incorporation and Disclosure
Services Directorate
For the Minister of Industry
[45-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Letters patent
Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, letters patent have been issued to
| File Number | Name of Company | Head Office | Effective Date |
|---|---|---|---|
| 425699-9 | ALLIANCE FOR PEACE AND PROSPERITY (APP) ALLIANCE POUR LA PAIX ET LA PROSPÉRITÉ (APP) |
Kahnawake, Que. | 15/09/2004 |
| 425288-8 | Association artistique et culturelle iranienne PARASTOO PARASTOO Iranian artistic and cultural association |
Montréal (Qué.) | 06/08/2004 |
| 425574-7 | Association of Canadian Faculties of Dentistry (ACFD)/ L'Association des facultés dentaires du Canada (AFDC) |
Ottawa, Ont. | 02/09/2004 |
| 425637-9 | BEDFORD CULTURAL EXCHANGE/ L'ÉCHANGE CULTUREL BEDFORD |
City of Bedford, Que. | 10/09/2004 |
| 424727-2 | Blankets of Love Foundation for Mental Health | St. Albert, Alta. | 29/06/2004 |
| 425254-3 | Boreal North Sculpture Association | South Porcupine, Community of Timmins, Ont. |
03/08/2004 |
| 425363-9 | Canadian Academy for Esthetic Dentistry / Académie Canadienne de Dentisterie Esthétique |
L'Île-des-Sœurs (Qué.) | 25/08/2004 |
| 426050-3 | CANADIAN ACTA FOUNDATION / FONDATION CANADIENNE ACTA |
Metropolitan Region of Montréal, Que. | 23/09/2004 |
| 425403-1 | Canadian Association of Professional Educators | Middlesex, Ont. | 27/08/2004 |
| 426385-5 | CANADIAN AVALANCHE CENTRE CENTRE CANADIEN DES AVALANCHES |
City of Revelstoke, B.C. | 06/10/2004 |
| 425652-3 | Canadian Chapter of the Society for Vascular Nursing | Municipality of Toronto, Ont. | 13/09/2004 |
| 426014-7 | CANADIAN CHF CLINICS NETWORK | London, Ont. | 20/09/2004 |
| 425207-1 | Canadian Glass Association | Calgary, Alta. | 29/07/2004 |
| 425019-2 | CANADIAN PETROLEUM CONTRACTORS ASSOCIATION | Barrie, County of Simcoe, Ont. | 13/07/2004 |
| 426004-0 | CANADIANS AGAINST SUICIDE BOMBING | Toronto, Ont. | 17/09/2004 |
| 425135-1 | Centre d'Affaires Afro-Canadiens: CAFCAN Afro-Canadian Business Center: CAFCAN |
Région métropolitaine de Montréal (Qué.) | 23/07/2004 |
| 425355-8 | Centre for Human Rights and Civil Empowerment | Toronto, Ont. | 24/08/2004 |
| 425377-9 | CHOROIDEREMIA RESEARCH FOUNDATION CANADA INC. |
Brantford, Ont. | 26/08/2004 |
| 425284-5 | Club de hockey senior les Jets de Farnham | Farnham (Qué.) | 06/08/2004 |
| 425289-6 | CLUB SOLEIL FRANCOPHONE DU CENTRE OTTAWA OUEST INC. |
Ottawa (Ont.) | 05/08/2004 |
| 425328-1 | Coalition of Arab Canadian Professionals and Community Associations | Ottawa, Ont. | 08/09/2004 |
| 425341-8 | Community Internet Filtering Technologies Inc. | Town of Binbrook, Ont. | 23/08/2004 |
| 425670-1 | CORPORATION DES PROFESSIONNELS EN OSTÉOPATHIE DU QUÉBEC (CPOQ) | Saint-Constant (Qué.) | 10/09/2004 |
| 425650-6 | Educate With Vision | Ottawa, Ont. | 10/09/2004 |
| 425646-8 | EDUCHAÏTI | Montréal (Qué.) | 10/09/2004 |
| 426356-1 | EFS SOCCER INC. | Greater Vancouver Regional District, B.C. | 04/10/2004 |
| 425367-1 | Federation of Asian Communities Fédération des communautés asiatiques |
Toronto, Ont. | 20/08/2004 |
| 425354-0 | Fondation Robin Fallu | Gatineau (Secteur Aylmer) [Qué.] | 24/08/2004 |
| 426048-1 | GATABAKI FOUNDATION | Greater Vancouver Regional District, B.C. | 21/09/2004 |
| 425476-7 | Girls' Heart Point Ministry | London, Ont. | 13/08/2004 |
| 426114-3 | GLOBAL COUNTRY OF WORLD PEACE | Town of Huntsville, Ont. | 24/09/2004 |
| 425987-4 | GOUDA FOUNDATION FONDATION GOUDA |
Montréal, Que. | 16/09/2004 |
| 424683-7 | GRANT RESOURCES | Toronto, Ont. | 18/06/2004 |
| 425434-1 | Great Slave Lake Harbour Authority | Hay River, N.W.T. | 16/08/2004 |
| 425656-5 | GREATER TORONTO JEWISH FEDERATION NEW VENTURES |
Toronto, Ont. | 13/09/2004 |
| 425553-4 | GREEK PANKRATION CONFEDERATION/ CONFÉDÉRATION PANKRATION GREC |
Metropolitan Region of Montréal, Que. | 01/09/2004 |
| 426109-7 | Halifax 57 Rescue (Canada) | Sarsfield, Ont. | 24/09/2004 |
| 425584-4 | HARBOUR AUTHORITY OF ST. MARY'S | St. Mary's, N.L. | 01/09/2004 |
| 425655-7 | HARM REDUCTION 2006 | Greater Vancouver Regional District, B.C. | 09/09/2004 |
| 425554-2 | Humanity Charity Foundation | Brampton, Ont. | 01/09/2004 |
| 426151-8 | IMPERIAL TOBACCO CANADA FOUNDATION FONDATION IMPERIAL TOBACCO CANADA |
Montréal, Que. | 28/09/2004 |
| 426071-6 | Irma J. Brydson Foundation | Victoria, B.C. | 24/09/2004 |
| 425565-8 | ISRAEL ANTIQUITIES AUTHORITY - FRIENDS IN CANADA |
Toronto, Ont. | 01/09/2004 |
| 388751-1 | Kemptville College Alumni Association | North Grenville, Kemptville, Ont. | 18/04/2004 |
| 425342-6 | L'Association des universités du troisième âge francophones en Amérique (AUTAFA) |
Québec (Qué.) | 23/08/2004 |
| 425336-1 | La Fondation Enfant Secours | Montréal (Qué.) | 23/08/2004 |
| 425990-4 | La société INNOVEX SAINT-LAURENT | Saint-Laurent, Montréal (Qué.) | 16/09/2004 |
| 425700-6 | La société Trident Racing - Trident Racing Corporation |
Laval (Qué.) | 14/09/2004 |
| 424531-8 | LE REGROUPEMENT DES ARTISTES CANADIENS HONGROIS (RACH) / CANADIAN-HUNGARIAN ARTISTS COLLECTIVE (CHAC) |
Montréal (Qué.) | 24/06/2004 |
| 425083-1 | LEGACY FOUNDATION OF CANADA | City of Cambridge, Regional Municipality of Waterloo, Ont. |
20/07/2004 |
| 426003-1 | LIFECORPS INTERNATIONAL | Regional Municipality of York, Ont. | 17/09/2004 |
| 425248-9 | Lil'wat Health Foundation | Mount Currie, B.C. | 03/08/2004 |
| 426041-4 | MALVERN METHODIST CHURCH | Toronto, Ont. | 21/09/2004 |
| 426183-6 | MARINA CLARENCE MARINA | Clarence Rockland, Ont. | 29/09/2004 |
| 425682-4 | MuslimServ Inc | Mississauga, Ont. | 14/09/2004 |
| 425398-1 | NAMGYAL FOUNDATION | Metropolitan Toronto, Ont. | 27/08/2004 |
| 426117-8 | NATURAL HEALTH COALITION INC. | Guelph, Ont. | 27/09/2004 |
| 425344-2 | Novamira Charitable Foundation | Vancouver, B.C. | 23/08/2004 |
| 426012-1 | Odyssey Showcase/ Presentoire de L'odeysse |
Ottawa, Ont. | 20/09/2004 |
| 425695-6 | PEACEFUND CANADA FOUNDATION FONDATION FONDS CANADIEN POUR LA PAIX |
Ottawa, Ont. | 15/09/2004 |
| 426049-0 | PROJECT W.O.M.E.N. INTERNATIONAL | Greater Vancouver Regional District, B.C. | 21/09/2004 |
| 426115-1 | REACHING WITH COMPASSION | Toronto, Ont. | 24/09/2004 |
| 425662-0 | READ 2 SUCCEED CHILDREN'S LITERACY ASSOCIATION | St. Catharines, Ont. | 13/09/2004 |
| 425332-9 | ROSLYN SCHOOL FOUNDATION FONDATION DE L'ÉCOLE ROSLYN |
Territory of Greater Montréal, Que. | 24/08/2004 |
| 426178-0 | SEEKERS' DIALOGUE | Toronto, Ont. | 29/09/2004 |
| 425992-1 | SENIORS IN NEED | Lunenburg, Ont. | 16/09/2004 |
| 425429-5 | Sephiro Theatre | Toronto, Ont. | 17/08/2004 |
| 425594-1 | SHARNA FOUNDATION | Toronto, Ont. | 03/09/2004 |
| 426024-4 | SOCIAL SERVICES NETWORK FOR THE YORK REGION |
Town of Richmond Hill, Ont. | 21/09/2004 |
| 425681-6 | South Street Multi-Purpose Development Corporation | The Cape Breton Regional Municipality, N.S. |
14/09/2004 |
| 424856-2 | SOUTHWOOD COMMUNITY CHURCH | Windsor, Ont. | 08/07/2004 |
| 426042-2 | SPIRIT OF ABORIGINAL YOUTH INC. | Winnipeg, Man. | 21/09/2004 |
| 425522-4 | SportAccord Montréal | Montréal (Qué.) | 30/08/2004 |
| 426059-7 | Stroke Survivors Association of Ottawa | Ottawa, Ont. | 22/09/2004 |
| 424342-1 | Sudanese-Canadian Association of Ottawa (SCAO) | Ottawa, Ont. | 07/07/2004 |
| 424520-2 | THE BRAMPTON POLONIA FOUNDATION | Brampton, Ont. | 24/06/2004 |
| 425378-7 | THE CANADIAN VIRTUAL COLLEGE CONSORTIUM CONSORTIUM CANADIEN DES COLLEGES VIRTUELS |
Toronto, Ont. | 26/08/2004 |
| 425474-1 | The Independent Aboriginal Screen Producers Association | Vancouver, B.C. | 13/08/2004 |
| 425421-0 | The International Institute of Health Studies | Ottawa, Ont. | 16/08/2004 |
| 426155-1 | THE SYNERGOS INSTITUTE CANADA | Toronto, Ont. | 28/09/2004 |
| 425581-0 | THE TOUR DES PINS INSTITUTE L'INSTITUT TOUR DES PINS |
Montréal, Que. | 02/09/2004 |
| 425528-3 | VICKI AND STAN ZACK FAMILY FOUNDATION FONDATION FAMILIALE VICKI ET STAN ZACK |
Metropolitan Region of Montréal, Que. | 30/08/2004 |
| 425994-7 | WAI-ON FOUNDATION | Greater Vancouver Regional District, B.C. | 14/09/2004 |
| 425625-5 | WBFN CORPORATE MANAGEMENT BOARD INC. | Carlyle, Sask. | 08/09/2004 |
| 425598-4 | WELLNESS 1 | Essex, Ont. | 03/09/2004 |
| 426062-7 | Westerkirk Foundation | Victoria, B.C. | 24/09/2004 |
| 425596-8 | Wing Hung Taiji Learning and Practising Association Inc. | North York, Ont. | 03/09/2004 |
October 29, 2004
AÏSSA AOMARI
Director
Incorporation and Disclosure
Services Directorate
For the Minister of Industry
[45-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Order
Whereas the following companies have not, within one year of the publication of notices in the Canada Gazette filed a summary required under subsection 133(11) of the Canada Corporations Act for the two years in respect of which they were in default, it is hereby ordered that the companies mentioned below be and are declared dissolved according to the provisions of subsection 133(11) of the Canada Corporations Act:
| File Number | Name of Company |
|---|---|
| 032217-2 | BAUDETTE AND RAINY RIVER MUNICIPAL BRIDGE |
| 095475-6 | EVANGELISTIC TABERNACLE INCORPORATED |
| 035176-8 | THE CANADIAN WHOLESALE GROCERS ASSOCIATION |
| 096143-4 | THE FELICIAN SISTERS OF WINNIPEG |
| 096308-9 | THE MARITIME STOCK BREEDERS' ASSOCIATION |
| 095454-3 | THE RETAIL MERCHANTS' ASSOCIATION OF CANADA |
October 18, 2004
CHERYL RINGOR
Director
Compliance and Policy Directorate
For the Minister of Industry
[45-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Supplementary letters patent
Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to
| File Number | Company Name | Date of S.L.P. |
|---|---|---|
| 421391-2 | AIDS2006 TORONTO LOCAL HOST HÔTE LOCAL SIDA2006 TORONTO |
14/09/2004 |
| 084956-1 | AIR CANADA PIONAIRS | 07/09/2004 |
| 034883-0 | CANADIAN NURSES' ASSOCIATION ASSOCIATION DES INFIRMIERES ET INFIRMIERS DU CANADA |
25/08/2004 |
| 412546-1 | Federal Association for the Advancement of Visible Minorities - FAAVM Association Federale pour le Progres des Minorites Visibles - AFPMV |
27/09/2004 |
| 415607-2 | FRIENDS OF THE PETAWAWA RESEARCH FOREST | 22/09/2004 |
| 417569-7 | JIAS (JEWISH IMMIGRANT AND SERVICES) TORONTO | 15/09/2004 |
| 407432-7 | JOURNALISTS FOR HUMAN RIGHTS (JHR) - JOURNALISTES POUR LES DROITS HUMAINS (JDH) |
13/09/2004 |
| 339991-5 | MUSLIM ASSOCIATION OF CANADA | 04/06/2004 |
| 355293-4 | WEST HIGHLAND FELLOWSHIP BAPTIST CHURCH | 30/08/2004 |
October 29, 2004
AÏSSA AOMARI
Director
Incorporation and Disclosure
Services Directorate
For the Minister of Industry
[45-1-o]
DEPARTMENT OF INDUSTRY
CANADA CORPORATIONS ACT
Supplementary letters patent — Name change
Notice is hereby given that, pursuant to the provisions of the Canada Corporations Act, supplementary letters patent have been issued to
| File Number | Old Company Name | New Company Name | Date of S.L.P. |
|---|---|---|---|
| 195934-4 | ADDICTION INTERVENTION ASSOCIATION | CANADIAN ADDICTION COUNSELLORS CERTIFICATION FEDERATION / FEDERATION CANADIENNE D'AGREMENT DES CONSEILLERS EN TOXICOMANIE |
04/08/2004 |
| 421391-2 | AIDS2006 TORONTO CONFERENCE CONGRÈS DE TORONTO SIDA2006 |
AIDS2006 TORONTO LOCAL HOST HÔTE LOCAL SIDA2006 TORONTO |
14/09/2004 |
| 212581-1 | ALLIANZ EDUCATIONAL FOUNDATION/ FONDATION EDUCATIONNELLE ALLIANZ |
HERITAGE EDUCATIONAL FOUNDATION/ FONDATION EDUCATIONNELLE HÉRITAGE |
30/09/2004 |
| 318148-1 | BAYER FOUNDATION FONDATION BAYER |
LANXESS FOUNDATION FONDATION LANXESS |
20/09/2004 |
| 366619-1 | CANADIAN FEDERATION OF FOOT SPECIALISTS | The Canadian Federation of Podiatric Medicine | 10/08/2004 |
| 354209-2 | Canadian Foundation For Effective Parenting | Parents for Youth: Helping and Supporting Parents | 24/08/2004 |
| 065636-4 | Église Vie et Réveil Inc., Les ministères d'Alberto Carbone | Mission Charismatique Internationale du Canada | 13/09/2004 |
| 272691-2 | Friends of the National Library of Canada/ Les Amis de la Bibliothèque nationale du Canada |
The Friends of Library and Archives Canada / Les amis de Bibliothèque et Archives Canada |
26/08/2004 |
| 419761-5 | FULCRUM FOUNDATION | Driving to Make a Difference | 15/09/2004 |
| 413262-9 | Institut International de Développement Intégral - IIDI International Institute of Integral Development - IIID |
Œuvre internationale de développement intégral | 24/09/2004 |
| 344346-9 | INTERNATIONAL ADVISORY COMMITTEE ORGANISATION | International Aid and Cooperation Organization | 28/07/2004 |
| 382474-8 | LA FONDATION DU CHRIST LECTURE COLLECTIVE À HAUTE VOIX DE LA BIBLE DANS TOUTES LES ÉCOLES ET ÉGLISES THE CHRIST FOUNDATION COLLECTIVE READING IN A LOUD VOICE OF THE BIBLE IN ALL THE SCHOOLS AND CHURCHES |
La Fondation du Christ pour la lecture collective de la Bible dans toutes les écoles et les églises Christ's Foundation by the reading of the Bible in all the schools and churches |
29/07/2004 |
| 416435-1 | THE CRÈCHE FOUNDATION FOR CHILDREN AND FAMILIES | CHILD DEVELOPMENT INSTITUTE FOUNDATION | 20/08/2004 |
| 123740-3 | THYROID FOUNDATION OF CANADA FONDATION DU CANADA POUR LES MALADIES THYROIDIENNES |
Thyroid Foundation of Canada/ La Fondation canadienne de la Thyroïde |
13/08/2004 |
| 251009-0 | WAU-BE-TEK BUSINESS DEVELOPMENT CORPORATION | Waubetek Business Development Corporation | 24/09/2004 |
| 350615-1 | World Association of Chinese Mass Communication Media | WORLD ASSOCIATION OF CHINESE MASS MEDIA | 23/09/2004 |
October 29, 2004
AÏSSA AOMARI
Director
Incorporation and Disclosure
Services Directorate
For the Minister of Industry
[45-1-o]
DEPARTMENT OF JUSTICE
EXTRADITION ACT
Supplementary Treaty to the Treaty Between Canada and the Federal Republic of Germany Concerning Extradition
Signed at Tremblant on May 13, 2002, by Martin Cauchon, Minister of Justice for Canada and by Eckhart Pick, Parliamentary State Secretary, Ministry of Justice and Georg Wilhelm Birgelen, First Counsellor, Embassy of the Federal Republic of Germany for the Federal Republic of Germany, which supplementary treaty entered into force on October 23, 2004.
Canada and the Federal Republic of Germany,
Desiring to make more effective the Treaty of July 11, 1977, between Canada and the Federal Republic of Germany Concerning Extradition (hereinafter referred to as "the Extradition Treaty");
Reaffirming their respect for each other's legal systems and judicial institutions,
Have agreed as follows:
ARTICLE 1
Article I of the Extradition Treaty is amended to read as follows:
"ARTICLE I
Undertaking to Extradite
(1) The Contracting Parties undertake, subject to the provisions and conditions prescribed in this treaty, to extradite to each other any person found within the territory of the requested state who is wanted in the requesting state for the purpose of prosecution or of imposing or carrying out a sentence.
(2) If the offence for which extradition is requested has been committed outside the territory of the requesting state, extradition shall be granted if the person whose extradition is requested is a national of the requesting state or if in similar circumstances the requested state would have jurisdiction. In other cases the requested state may, in its discretion, grant extradition."
ARTICLE 2
1. Article II, paragraph (1) of the Extradition Treaty is amended to read as follows:
"(1) Extradition shall be granted only in respect of any conduct that constitutes an offence punishable under the law of both Contracting Parties."
2. Article II, paragraph (3) of the Extradition Treaty is deleted.
3. Article II, paragraph (4) of the Extradition Treaty becomes Article II, paragraph (3).
4. Article II, paragraph (5) of the Extradition Treaty becomes Article II, paragraph (4) and is amended to read as follows:
"(4) In determining what is an extraditable offence, the fact that an offence is described differently by the law of the Contracting Parties shall be irrelevant."
5. The Schedule to the Extradition Treaty is hereby deleted.
ARTICLE 3
Article III, paragraph (2) of the Extradition Treaty is amended to read as follows:
"(2) For the purpose of this treaty the following offences shall be deemed not to be offences within the meaning of paragraph (1), subparagraph (a):
(a) an offence for which both Contracting Parties have the obligation pursuant to a multilateral international agreement to extradite the person sought or to submit the case to their competent authorities for decision as to prosecution;
(b) murder, manslaughter, maliciously wounding, or inflicting grievous bodily harm;
(c) kidnapping, abduction, or any form of unlawful detention, including taking a hostage;
(d) placing or using an explosive, incendiary or destructive device capable of endangering life, or of causing grievous bodily harm, or of causing substantial property damage."
ARTICLE 4
Article VI, paragraph (2) of the Extradition Treaty is amended to read as follows:
"(2) Extradition may be refused if final judgment has been rendered in a third state in respect of the offence for which the person's extradition is requested and,
(a) the judgment resulted in the person's acquittal; or
(b) the term of imprisonment or other deprivation of liberty to which the person was sentenced has been completely enforced or has been the subject of a pardon or an amnesty."
ARTICLE 5
Article XIII of the Extradition Treaty is amended to read as follows:
"ARTICLE XIII
Channels of Communication
Requests for extradition and any subsequent correspondence shall be communicated between the departments of Justice of the Contracting Parties; however, use of the diplomatic channel is not excluded."
ARTICLE 6
Article XIV of the Extradition Treaty is amended to read as follows:
"ARTICLE XIV
Extradition Documents
(1) All requests for extradition shall be in writing and supported by:
(a) information concerning the identity and, if available, nationality, probable location of the person sought, a physical description, photograph and fingerprints;
(b) a description of the offence in respect of which extradition is requested including the date and place of its commission unless this information appears in the warrant of arrest or in the sentence;
(c) the text of all provisions of the law of the requesting state applicable to the offence; and
(d) a statement of the jurisdiction of the requesting state over the offence if it was committed outside its territory.
(2) A request for extradition that relates to a person wanted for the purpose of prosecution or convicted in absentia shall be supported by
(a) a copy of the order of arrest; and
(b) in the event that the law of the requested state so requires, evidence that would justify committal for trial if the conduct had been committed in the requested state. For this purpose, a summary setting out the facts of the case and the corresponding elements of evidence, including evidence of identity of the offender, whether or not the evidence was gathered or obtained in the requesting state, shall be admitted in evidence as proof of the facts contained therein, whether or not this evidence would otherwise be admissible under the law of the requested state, provided that the summary is signed by a judicial authority or a prosecutor who certifies that the evidence described in the summary was obtained in accordance with the law of the requesting state and is available. The requesting state may include as part of the summary of the facts any statements, reports, reproductions or other useful documentation.
(3) A request for extradition that relates to a person who has been convicted shall be supported by
(a) a copy or a record of the judgment and a confirmation that it is enforceable; and
(b) if the judgment covers only the conviction, a copy of the order of arrest; or
(c) if the judgment covers both conviction and sentence, a statement showing how much of the sentence has not been served.
(4) All documents and copies thereof submitted in support of a request for extradition and appearing to have been certified, issued or signed by a judicial authority or a public official of the requesting state shall be admitted as evidence in extradition proceedings in the requested state without having to be taken under oath or affirmation and without proof of the signature or of the official character of the person appearing to have signed them."
ARTICLE 7
Article XV of the Extradition Treaty is amended to read as follows:
"ARTICLE XV
Form of Supporting Documents
No authentication or further certification of documents submitted in support of the request for extradition shall be required."
ARTICLE 8
The text of Article XVI of the Extradition Treaty is renumbered to become Article XVI, paragraph (2), and the following text is inserted as Article XVI, paragraph (1):
"(1) If the information provided by the requesting state is insufficient for the requested state to make a decision under this treaty, the requested state shall ask for the necessary additional information and may set a time limit for the submission of that information."
ARTICLE 9
1. Article XVII, paragraph (1) of the Extradition Treaty is amended to read as follows:
"(1) In case of urgency, the competent authorities of the requesting state may request the provisional arrest of the person sought, either through a channel established by Article XIII or through the facilities of the International Criminal Police Organization (Interpol)."
2. Article XVII, paragraphs (4) and (5) of the Extradition Treaty are amended to read as follows:
"(4) The requesting state shall have sixty days from the date of the apprehension of the person claimed to make the request for extradition.
(5) If the request for extradition has not been received within the said period of sixty days or such further time as a judge of the requested state may direct, the person claimed may be discharged from custody."
ARTICLE 10
After Article XVII of the Extradition Treaty the following Article XVII bis is included:
"ARTICLE XVII BIS
Simplified Extradition
The requested state may grant extradition of a person sought pursuant to the provisions of this treaty, notwithstanding that the requirements of Article XIV have not been compiled with, provided that the person sought consents."
ARTICLE 11
Article XX of the Extradition Treaty is amended to read as follows:
"ARTICLE XX
Postponed or Temporary Surrender
(1) When the person sought is being proceeded against or is serving a sentence in the requested state for an offence other than that for which extradition is requested, the requested state may finally surrender the person sought or postpone surrender until the conclusion of the proceedings or the service of the whole or any part of the sentence imposed. The requested state shall inform the requesting state of any postponement.
(2) To the extent permitted by its law, where a person has been found extraditable, the requested state may temporarily surrender the person sought for the purpose of prosecution to the requesting state in accordance with conditions to be determined between the Contracting Parties. A person who is returned to the requested state following a temporary surrender may be finally surrendered to serve any sentence imposed, in accordance with the provisions of this treaty."
ARTICLE 12
In Article XXII, paragraph (2) of the Extradition Treaty the words "shall be submitted through the diplomatic channel and" are deleted.
ARTICLE 13
In Article XXVI of the Extradition Treaty the words "certified in accordance with the law of the requesting state" are replaced by "into an official language of the requested state".
ARTICLE 14
Article XXIX of the Extradition Treaty is amended to read as follows:
"ARTICLE XXIX
Definition
For the purpose of this treaty "sentence" means any order of a criminal court whereby deprivation of liberty or any detention involving deprivation of liberty in addition to or instead of a penalty is imposed on a person."
ARTICLE 15
The following Article XXIX bis is included after Article XXIX of the Extradition Treaty:
"ARTICLE XXIX BIS
Personal Data
(1) Personal data, hereinafter referred to as data, shall be understood to be particulars on the personal and factual situation of an identified or identifiable natural person.
(2) Data transmitted on the basis of this Treaty shall be used for the purposes for which the data were transmitted and on the conditions determined by the transmitting Party in the individual case. In addition, such data may be used for the following purposes:
(a) for the prevention and prosecution of offences in respect of which data may be transmitted pursuant to the Treaty of May 13, 2002, between Canada and the Federal Republic of Germany on Mutual Assistance in Criminal Matters;
(b) for non-criminal court proceedings and administrative proceedings which are related to the use for which the data were originally requested or related to the use outlined in subparagraph (a); and
(c) to ward off substantial dangers to public security.
Use of the data for other purposes requires the prior consent of the Party transmitting the data concerned.
(3) Subject to the domestic legal provisions of each Party, the following provisions shall apply to the transmission and use of data:
(a) Upon request, the Party which has received the data shall identify the data received, inform the transmitting Party of the use made of the data and the results achieved therefrom;
(b) The Parties shall carefully handle data transmitted under this Treaty and pay particular attention to the accuracy and completeness of such data. Only data that relate to the request shall be transmitted. If it appears that incorrect data have been transmitted or that data that should not have been transmitted were transmitted, the Party that has received the data shall be notified without delay. The Party that has received the data shall rectify or correct any errors or return the data;
(c) The Parties shall keep records in appropriate form concerning the transmission and receipt of data;
(d) The Parties shall afford protection of the data transmitted against unauthorized access, unauthorized alteration and unauthorized publication."
ARTICLE 16
Retrospectivity
This Supplementary Treaty shall apply in all cases where the request for extradition is made after its entry into force regardless of whether the offence was committed before or after that date.
ARTICLE 17
Article XXXI of the Extradition Treaty is deleted.
ARTICLE 18
Final Clauses
(1) This Supplementary Treaty shall form an integral part of the Extradition Treaty.
(2) This Supplementary Treaty shall be subject to ratification and the instruments of ratification shall be exchanged as soon as possible. It shall enter into force one month after the exchange of instruments of ratification. It shall be subject to termination in the same manner as the Extradition Treaty.
In witness whereof, the undersigned, being duly authorized thereto, have signed this Supplementary Treaty.
Done in two copies at Tremblant, this 13th day of May 2002, in the French, English and German languages, each version being equally authentic.
For Canada
MARTIN CAUCHON
For the Federal Republic of Germany
GEORG WILHELM BIRGELEN
ECKHART PICK
[45-1-o]
DEPARTMENT OF JUSTICE
MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS ACT
Treaty Between Canada and the Federal Republic of Germany on Mutual Assistance in Criminal Matters
Signed at Tremblant on May 13, 2002, by the Honourable Martin Cauchon, Minister of Justice, on behalf of the Government of Canada, and by Eckhart Pick, Parliamentary State Secretary, Ministry of Justice and Georg Wilhelm Birgelen, First Counsellor, Embassy of the Federal Republic of Germany, which entered into force on October 23, 2004.
Canada and the Federal Republic of Germany,
Desiring to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through cooperation and mutual assistance in criminal matters,
Have agreed as follows:
ARTICLE 1
Obligation to Grant Mutual Assistance
1. The Contracting Parties shall, in accordance with this Treaty, grant each other the widest measure of mutual assistance in criminal matters.
2. Mutual assistance, for the purpose of paragraph 1, shall be any assistance given by the Requested State in respect of investigations or proceedings in the Requesting State in a criminal matter, irrespective of whether the assistance is sought or to be provided by a court or some other authority.
3. Criminal matters, for the purpose of paragraph 1, means, for the Federal Republic of Germany, investigations or proceedings relating to acts or omissions categorized as criminal offences or regulatory offences (Ordnungswidrigkeiten) insofar as such regulatory offences are before a criminal Court, and, for Canada, investigations or proceedings relating to any offence created by a law of Parliament or by the legislature of a province.
4. Criminal matters shall also include investigations or proceedings relating to offences concerning taxation, duties, customs and international transfer of capital or payments.
5. Assistance shall include
(a) taking of evidence and obtaining of statements of persons;
(b) provision of information, documents and other records, including extracts from criminal records;
(c) location of persons and objects, including their identification;
(d) search and seizure;
(e) delivery of property, including lending of exhibits;
(f) making detained persons and others available to give evidence or assist investigations;
(g) service of documents, including documents seeking the attendance of persons; and
(h) other assistance consistent with the objects of this Treaty, which is not inconsistent with the law of the Requested State.
6. This Treaty shall not apply to requests for
(a) extradition and the arrest or detention of any person with a view to extradition;
(b) subject to Article 6 of this Treaty, the execution in the Requested State of criminal judgments imposed in the Requesting State; or
(c) the transfer of prisoners to serve sentences.
7. This treaty shall not apply to investigations or proceedings under the anti-combines law of either Contracting Party.
ARTICLE 2
Refusal or Postponement of Assistance
1. Assistance may be refused if, in the opinion of the Requested State, the execution of the request would impair its sovereignty, security, public order (ordre public) or similar essential public interest, prejudice the safety of any person or be unreasonable on other grounds.
2. Assistance may be postponed by the Requested State on the ground that the immediate granting of the assistance may interfere with an ongoing investigation or proceeding.
3. Before refusing to grant a request for assistance or before postponing the grant of such assistance, the Requested State shall consider whether assistance may be granted subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with them.
4. The Requested State shall promptly inform the Requesting State of a decision not to comply in whole or in part with a request for assistance, or to postpone execution, and shall give reasons for that decision.
ARTICLE 3
Dual Criminality
1. The execution of requests for assistance requiring the use of compulsory measures may be refused if the alleged acts or omissions giving rise to the request would not constitute an offence known to law in the Requested State.
2. Paragraph 1 shall not apply to compulsory measures concerning the taking of evidence from a witness or an expert.
3. The execution of requests for assistance relating to an offence in connection with the international transfer of capital or payments may be refused in the absence of dual criminality.
ARTICLE 4
Delivery of Property
1. In response to a request for assistance, property which may be used in investigations or serve as evidence in proceedings in the Requesting State shall be delivered to that State by the Requested State upon such terms and conditions as the Requested State sees fit. In addition, property may be returned to the person who was deprived of it.
2. The delivery of property pursuant to paragraph 1 of this Article shall not affect the rights of third parties.
ARTICLE 5
Return of Property
Any property, including original records or documents, handed over in execution of a request, shall be returned by the Requesting State to the Requested State as soon as possible, unless the latter State waives the obligation to return that property.
ARTICLE 6
Proceeds of Crime
1. The Requested State shall, upon request, endeavour to ascertain whether any proceeds of a crime are located within its jurisdiction and shall notify the Requesting State of the results of its inquiries. In making the request, the Requesting State shall notify the Requested State of the basis of its belief that such proceeds may be located in its jurisdiction.
2. Where, pursuant to a request under paragraph 1 of this Article, suspected proceeds of crime are found, the Requested State shall take such measures as are permitted by its law to freeze, seize and confiscate such proceeds.
3. In the application of this Article, the rights of third parties under the law of the Requested State shall be respected.
ARTICLE 7
Presence of Persons Involved in the Proceedings
1. The Requested State shall, upon request, inform the Requesting State of the time and place of execution of the request for assistance.
2. Judges or officials of the Requesting State and other persons concerned in the investigation or proceedings may be permitted, to the extent not prohibited by the law of the Requested State, to be present at the execution of the request and to participate in the proceedings in the Requested State.
3. The right to participate in the proceedings shall include the right of any person present to propose questions and other investigative measures. The persons present at the execution of a request shall be permitted to make a verbatim transcript of the proceedings. The use of technical means to make such a verbatim transcript shall be permitted. Visual records shall be permitted only with the consent of the persons concerned.
ARTICLE 8
Making Detained Persons Available to Give Evidence or Assist Investigations
1. A person in custody in the Requested State shall, at the request of the Requesting State, be temporarily transferred to the Requesting State to assist investigations or proceedings provided that the person consents to that transfer and there are no overriding grounds against transferring the person.
2. While the person transferred is required to be kept in custody under the law of the Requested State, the Requesting State shall hold that person in custody and shall return the person in custody either at the conclusion of the taking of the evidence, or at such earlier time stipulated by the Requested State.
3. Where the sentence imposed expires, or where the Requested State advises the Requesting State that the transferred person is no longer required to be held in custody, that person shall be set at liberty and be treated as a person present in the Requesting State pursuant to a request seeking that person's attendance.
ARTICLE 9
Safe Conduct
1. A witness or expert present in the Requesting State in response to a request seeking that person's attendance shall not be prosecuted, detained or subjected to any other restriction of personal liberty in that State for any acts or omissions which preceded that person's departure from the Requested State, nor shall that person be obliged to give evidence in any proceedings other than the proceedings to which the request relates.
2. Paragraph 1 of this Article shall cease to apply if a person, being free to leave the Requesting State, has not left it within a period of thirty days after being officially notified that that person's attendance is no longer required or, having left that territory, has voluntarily returned.
3. A person, who does not respond to a request seeking that person's attendance, shall not, even if the request refers to a notice of penalty, be subjected to any punishment or measure of constraint.
ARTICLE 10
Contents of Requests
1. In all cases, requests for assistance shall include
(a) the name of the competent authority conducting the investigation or proceedings to which the request relates and the authority making the request;
(b) the purpose for which the request is made and the nature of the assistance sought;
(c) where possible, the identity, nationality and location of the person or persons who are the subject of the investigation or proceedings; and
(d) a description of the acts or omissions alleged to constitute the offence and a statement of the relevant law.
2. In addition, requests for assistance shall include
(a) in the case of requests for service of documents, the name and address of the person to be served;
(b) in the case of requests for compulsory measures, a statement indicating the reasons for which it is believed that evidence is located in the territory of the Requested State, unless this appears from the request itself;
(c) in the case of delivery of property obtained or to be obtained by search and seizure, a declaration by a competent authority that seizure could be obtained by compulsory measures if the property were situated in the Requesting State;
(d) in the case of lending of exhibits, the person or class of persons who will have custody of the exhibit, the place to which the exhibit is to be removed and the date by which the exhibit will be returned;
(e) in the case of requests to take evidence from a person, the subject matter on which the person is to be examined, including, where possible, a list of questions and details of any right of that person to decline to give evidence;
(f) in the case of making detained persons available, the person or class of persons who will have custody during the transfer, the place to which the detained person is to be transferred and the date of that person's return;
(g) details of any particular procedure the Requesting State wishes to be followed, and the reasons therefor;
(h) any requirements for confidentiality.
3. Additional information shall be furnished if it appears necessary to the Requested State for the execution of any specific request.
ARTICLE 11
Channels of Communication
1. Requests for assistance may be made by or on behalf of courts, prosecutors and authorities responsible for investigations or prosecutions related to criminal matters. Requests and responses thereto shall be channelled through the Minister of Justice of Canada and the Federal Ministry of Justice of the Federal Republic of Germany. In urgent cases, transmission of requests for assistance may take place through the International Criminal Police Organization (Interpol).
2. In the case of a request by Canada to the Federal Republic of Germany for co-operation relating to operations by police or customs officials involving joint investigations, controlled deliveries or undercover operations, the request may be made by Canadian police authorities directly to the Federal Ministry of Justice of Germany. In urgent cases the request may be made to the Federal Ministry of Justice, by the Canadian Police, through the Bundeskriminalamt. In the case of a request by the Federal Republic of Germany to Canada for such co-operation, the request may be made by appropriate German judicial authorities directly to the Royal Canadian Mounted Police.
ARTICLE 12
Execution of Requests
1. Requests for assistance shall be executed promptly in accordance with the law of the Requested State and, insofar as it is not prohibited by that law, in the manner requested by the Requesting State.
2. If the Requesting State desires witnesses or experts to give evidence under oath, it shall expressly so request.
3. Unless original documents are expressly requested, the provision of certified copies of those documents shall be sufficient compliance with the request. Such a request shall be treated as a request for the provision of information.
ARTICLE 13
Confidentiality
1. The Requested State may require, after consultation with the Requesting State, that information or evidence furnished or the source of such information or evidence be kept confidential or be disclosed or used only subject to such terms and conditions as it may specify.
2. The Requesting State may require that the request, its contents, supporting documents and any action taken pursuant to the request be kept confidential. If the request cannot be executed without breaching the confidentiality requirement, the Requested State shall so inform the Requesting State prior to executing the request and the latter shall then determine whether the request should nevertheless be executed.
ARTICLE 14
Personal Data
1. Personal data, hereinafter referred to as data, shall be understood to be particulars on the personal and factual situation of an identified or identifiable natural person.
2. Data transmitted on the basis of this Treaty shall be used for the purposes for which the data were transmitted and on the conditions determined by the transmitting Party in an individual case. In addition, such data may be used for the following purposes:
(a) for the prevention and prosecution of offences in respect of which data may be transmitted pursuant to this Treaty;
(b) for non-criminal court proceedings and administrative proceedings which are related to the use for which the data were originally requested or related to the use outlined in sub-paragraph (a); and
(c) to ward off substantial dangers to public security.
Use of the data for other purposes requires the prior consent of the Party transmitting the data concerned.
3. Subject to the domestic legal provisions of each Party, the following provisions shall apply to the transmission and use of data:
(a) Upon request, the Party which has received the data shall identify the data received, inform the transmitting Party of the use made of the data and the results achieved therefrom;
(b) The Parties shall carefully handle data transmitted under this Treaty and pay particular attention to the accuracy and completeness of such data. Only data that relates to the request shall be transmitted. If it appears that incorrect data have been transmitted or that data that should not have been transmitted were transmitted, the Party that has received the data shall be notified without delay. The Party that has received the data shall rectify or correct any errors or return the data;
(c) The Parties shall keep records in an appropriate form concerning the transmission and receipt of data;
(d) The Parties shall afford protection of the data transmitted against unauthorized access, unauthorized alteration and unauthorized publication.
ARTICLE 15
Authentication
Unless otherwise requested, evidence or documents transmitted pursuant to this Treaty shall not require any form of authentication.
ARTICLE 16
Language
Requests and supporting documents shall be accompanied by a translation into one of the official languages of the Requested State.
ARTICLE 17
Other Assistance
This Treaty shall not derogate from obligations subsisting between the Contracting Parties whether pursuant to other treaties, arrangements or otherwise, or prevent the Contracting Parties providing or continuing to provide assistance to each other pursuant to other treaties, arrangements or otherwise.
ARTICLE 18
Expenses
1. The Requested State shall meet the cost of executing the request for assistance, except that the Requesting State shall bear
(a) the expenses associated with conveying any person to or from the territory of the Requested State at the request of the Requesting State, and any allowance or expenses payable to that person while in the Requesting State pursuant to a request;
(b) the expenses associated with conveying custodial or escorting officers; and
(c) the expenses and fees of experts either in the Requested State or the Requesting State.
2. If it becomes apparent that the execution of the request requires expenses of an extraordinary nature, the Contracting Parties shall consult to determine the terms and conditions under which the requested assistance can be provided.
ARTICLE 19
Scope of Application
This Treaty shall apply to any request presented after its entry into force even if the relevant acts or omissions occurred before that date.
ARTICLE 20
Consultations
The Contracting Parties shall consult promptly, at the request of either, concerning the interpretation and the application of this Treaty.
ARTICLE 21
Ratification, Entry Into Force and Termination
1. This Treaty shall be subject to ratification. The instruments of ratification shall be exchanged as soon as possible.
2. This Treaty shall enter into force one month after the exchange of instruments of ratification.
3. Either Contracting Party may terminate this Treaty. The termination shall take effect one year from the date on which it was notified to the other Contracting Party.
In witness whereof, the undersigned, being duly authorized thereto, have signed this Treaty.
Done at Tremblant, on the13th day of May 2002, in two copies, in English, French and German, each version being equally authentic.
For Canada
MARTIN CAUCHON
Minister of Justice
For the Federal Republic of Germany
GEORG WILHELM BIRGELEN
First Counsellor
Embassy of the Federal Republic of Germany
ECKHART PICK
Parliamentary State Secretary
Ministry of Justice
[45-1-o]
NOTICE OF VACANCIES
VIA RAIL CANADA INC.
President and Chief Executive Officer (full-time position) and Chairperson of the Board of Directors (part-time position)
VIA operates Canada's national passenger rail service on behalf of the Government of Canada. An independent Crown corporation established in 1977, its mission is to provide Canadians with a safe, efficient and environmentally responsible passenger service.
Through its commitment to be the Canadian leader in passenger service excellence, VIA Rail is shaping passenger rail to meet the needs of a modern, growing nation. Just as rail travel was a crucial part of Canada's history, so it will be key to the country's future economic and cultural development. In these leadership positions, the successful candidates will bring both sound business decisions and fresh, innovative thinking to VIA Rail.
As the operator of 480 trains a week over 14 000 kilometres of track, connecting more than 450 Canadian communities, VIA Rail carried almost 3.8 million passengers over 857 million miles in 2003. VIA's senior management will continue to grow those numbers by convincing more travellers that VIA Rail offers safe, comfortable, relaxing and efficient passage across the country, for business and for pleasure.
President and CEO
The President and CEO of VIA Rail reports to the Board of Directors and provides leadership and direction in all aspects of the Corporation's activities, business performance and strategic development.
As President and CEO, the selected candidate will have a degree from a recognized university and 7–10 years of executive management experience in a large, complex, for-profit organization. The selected candidate will focus on customer service and profitability. The chosen candidate will have experience in dealing with the sensitivities of a large, unionized workforce and direct experience in working with government organizations such as Crown corporations and departments and agencies, or equivalent understanding thereof. This person will have experience reporting to, and working with, a board of directors and an understanding of board governance, policies and procedures.
The selected candidate will have knowledge and understanding of the transportation industry, including rail and other modes, and of the tourism and hospitality sectors. Knowledge of the mission, objectives and strategic priorities of VIA Rail and a solid understanding of organizational dynamics, leading business practices, management principles, financial operations and accounting practices are required. The candidate will have knowledge of the Canadian environment and its diversity of communities; this person will have knowledge of the Canadian Government, its policies, practices and decision-making frameworks. The chosen candidate will be able to develop a long-term perspective on organizational success, to generate innovative ideas for developing and implementing new business opportunities and to offer effective leadership. Superior interpersonal and communication skills are required.
For the position of President and CEO, proficiency in both official languages is a definite asset.
The chosen candidate should demonstrate autonomy, integrity, high ethical standards, objectivity, initiative, creativity, sound judgement and effective verbal and written communication.
Chairperson of the Board of Directors
As Chairperson of the Board of Directors, the successful candidate will have experience and in-depth understanding of corporate governance principles. The candidate will have a broad understanding of the legal issues related to decisions and policy, as well as best practices in governance. The chosen candidate will have experience in serving as a member or chairperson of a board of directors, preferably in the public sector and/or a large complex organization. The candidate must understand the transportation industry generally and, in particular, the rail sector. The selected candidate will have knowledge of the Canadian political environment, how to influence government decisions and how to develop effective government relations.
The chosen candidate should demonstrate autonomy, integrity, high ethical standards, leadership, objectivity, initiative, creativity, sound judgement and effective verbal and written communication.
Conditions
The successful candidate as President and CEO must be prepared to relocate to the Greater Montréal Area or to a location within reasonable commuting distance.
The selected candidates will also be subject to the Conflict of Interest and Post-Employment Code for Public Office Holders. Before or upon assuming their official duties and responsibilities, public office holders appointed on a full-time basis must sign a document certifying that, as a condition of holding office, they will observe the Code. They must also submit to the Office of the Ethics Commissioner, within 60 days of appointment, a Confidential Report in which they disclose all of their assets, liabilities and outside activities. To obtain copies of the Code and of the Confidential Report, visit the Office of the Ethics Commissioner's Web site at http://strategis.ic.gc.ca/ethics.
This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for this position. It is not, however, intended to be the sole means of recruitment. Applications forwarded through the Internet will not be considered for reasons of confidentiality.
Please send your curriculum vitae to The Caldwell Partners, 1840 Sherbrooke Street W, Montréal, Quebec H3H 1E4, (514) 935-7402 (facsimile).
Further information is available upon request.
Bilingual notices of vacancies will be produced in an alternative format (audio cassette, diskette, braille, large print, etc.) upon request. For further information, please contact Canadian Government Publishing, Public Works and Government Services Canada, Ottawa, Canada K1A 0S5, (613) 941-5995 or 1-800-635-7943.
[45-1-o]
BANK OF CANADA
Balance sheet as at October 20, 2004
| ASSETS | amount | total |
|---|---|---|
| Deposits in foreign currencies | ||
| U.S. dollars | $ 256,708,594 | |
| Other currencies | 4,886,942 | |
| $ 261,595,536 | ||
| Advances | ||
| To members of the Canadian Payments Association |
||
| To Governments | ||
| Investments* | ||
| (at amortized values) | ||
| Treasury bills of Canada | 13,550,543,745 | |
| Other securities issued or guaranteed by Canada maturing within three years | 9,549,004,731 | |
| Other securities issued or guaranteed by Canada maturing in over three years but not over five years | 5,911,842,290 | |
| Other securities issued or guaranteed by Canada maturing in over five years but not over ten years | 8,639,649,733 | |
| Other securities issued or guaranteed by Canada maturing in over ten years | 5,544,679,657 | |
| Other bills | ||
| Other investments | 2,633,197 | |
| 43,198,353,353 | ||
| Bank premises | 123,847,823 | |
| Other assets | ||
| Securities purchased under resale agreements | ||
| All other assets | 631,709,918 | |
| 631,709,918 | ||
| $ 44,215,506,630 |
| LIABILITIES AND CAPITAL | amount | total |
|---|---|---|
| Bank notes in circulation | $ 41,586,184,771 | |
| Deposits | ||
| Government of Canada | $ 1,720,456,329 | |
| Banks | 43,646,560 | |
| Other members of the Canadian Payments Association | 5,986,149 | |
| Other | 353,748,517 | |
| 2,123,837,555 | ||
| Liabilities in foreign currencies | ||
| Government of Canada | 128,711,260 | |
| Other | ||
| 128,711,260 | ||
| Other liabilities | ||
| Security sold under repurchase agreements | ||
| All other liabilities | 346,773,044 | |
| 346,773,044 | ||
| Capital | ||
| Share capital | 5,000,000 | |
| Statutory reserve | 25,000,000 | |
| 30,000,000 | ||
| $ 44,215,506,630 |
*NOTE
Total par value included in Government bonds loaned from the Bank's investments. $ __________
I declare that the foregoing return is correct according to the books of the Bank.
Ottawa, October 21, 2004
L. RHÉAUME
Acting Chief Accountant
I declare that the foregoing return is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.
Ottawa, October 21, 2004
DAVID A. DODGE
Governor
[45-1-o]
BANK OF CANADA
Balance sheet as at October 27, 2004
| ASSETS | amount | total |
|---|---|---|
| Deposits in foreign currencies | ||
| U.S. dollars | $ 250,208,123 | |
| Other currencies | 4,509,107 | |
| $ 254,717,230 | ||
| Advances | ||
| To members of the Canadian Payments Association |
||
| To Governments | ||
| Investments* | ||
| (at amortized values) | ||
| Treasury bills of Canada | 13,805,759,046 | |
| Other securities issued or guaranteed by Canada maturing within three years | 9,548,998,768 | |
| Other securities issued or guaranteed by Canada maturing in over three years but not over five years | 5,911,711,499 | |
| Other securities issued or guaranteed by Canada maturing in over five years but not over ten years | 8,639,689,098 | |
| Other securities issued or guaranteed by Canada maturing in over ten years | 5,544,560,960 | |
| Other bills | ||
| Other investments | 2,633,197 | |
| 43,453,352,568 | ||
| Bank premises | 124,014,880 | |
| Other assets | ||
| Securities purchased under resale agreements | ||
| All other assets | 663,575,118 | |
| 663,575,118 | ||
| $ 44,495,659,796 |
| LIABILITIES AND CAPITAL | amount | total |
|---|---|---|
| Bank notes in circulation | $ 41,549,144,884 | |
| Deposits | ||
| Government of Canada | $ 1,960,119,389 | |
| Banks | 96,266,124 | |
| Other members of the Canadian Payments Association | 3,369,886 | |
| Other | 353,117,152 | |
| 2,412,872,551 | ||
| Liabilities in foreign currencies | ||
| Government of Canada | 124,094,810 | |
| Other | ||
| 124,094,810 | ||
| Other liabilities | ||
| Security sold under repurchase agreements | ||
| All other liabilities | 379,547,551 | |
| 379,547,551 | ||
| Capital | ||
| Share capital | 5,000,000 | |
| Statutory reserve | 25,000,000 | |
| 30,000,000 | ||
| $ 44,495,659,796 |
*NOTE
Total par value included in Government bonds loaned from the Bank's investments. $ __________
I declare that the foregoing return is correct according to the books of the Bank.
Ottawa, October 29, 2004
W. D. SINCLAIR
Acting Chief Accountant
I declare that the foregoing return is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.
Ottawa, October 29, 2004
DAVID A. DODGE
Governor
[45-1-o]
S.C. 1999, c. 33
S.C. 1999, c. 33
Supplement, Canada Gazette, Part I, January 31, 1998
S.C. 1999, c. 33
S.C. 1999, c. 33
Supplement, Canada Gazette, Part I, January 31, 1998
NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).
