Government of Canada
Symbol of the Government of Canada


Vol. 144, No. 43 — October 23, 2010

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice is hereby given that, pursuant to section 127 of the Canadian Environmental Protection Act, 1999, Disposal at Sea Permit No. 4543-2-03514 authorizing the loading for disposal and the disposal of waste or other matter at sea is approved.

 1. Permittee: Town of Port McNeill, Port McNeill, British Columbia.

 2. Waste or other matter to be disposed of: Dredged material.

2.1. Nature of waste or other matter: Dredged material consisting of sand, silt, clay and gravel.

 3. Duration of permit: Permit is valid from December 1, 2010, to November 30, 2011.

 4. Loading site(s): Port McNeill Town Marina, Port McNeill, British Columbia, at approximately 50°35.47′ N, 127°05.31′ W. (NAD83), as described in the drawing titled “Port McNeill Dredging Approval Sediment Sampling Plan and Proposed Dredge Areas, Port McNeill, BC” (June 3, 2010) submitted in support of the permit application.

 5. Disposal site(s): Cape Mudge Disposal Site, within a 0.5 nautical mile radius of 49°57.70′ N, 125°05.00′ W (NAD83).

 6. Method of loading: Loading will be carried out using a barge-mounted excavator or clamshell dredge.

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

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

 9. Total quantity to be disposed of: Not to exceed 10 000 m3 place measure.

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

11. Inspection:

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

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

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

12. Contractors:

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

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

13. Reporting and notification:

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

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

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

14. Special precautions:

14.1. The loading and disposal at sea referred to under this permit shall be carried out in accordance with the mitigation measures summarized in the report titled “Environmental Assessment Report – Town Marina, Port McNeill Harbour – Loading and Disposal at Sea – 4543-2-03514” (September 2010).

14.2. The loading, transit and disposal at sea activities referred to under this permit shall be carried out in accordance with the following measures:

(a) A Fisheries and Oceans Canada approved marine mammal observer (during the period from May 1, 2011, to October 31, 2011) or officer of the bridge (during the period from November 1, 2010, to April 30, 2011, and from November 1, 2011, to November 30, 2011) must be dedicated to maintaining constant observations for detecting marine mammals in the ship’s vicinity prior to and during loading and transit activities in resident killer whale critical habitat.

(i) A killer whale “Safety Zone” must be established at a radius of 1 000 m from the vessels undertaking the loading and transit activities,

(ii) If any killer whale is observed within the “Safety Zone,” all operations shall be suspended and notification provided to the local fishery officer or the Fisheries and Oceans Canada reporting hotline at 1-800-465-4336, and

(iii) Works (loading and transit activities) can start, or be re-initiated, only after killer whales have not been observed in the “Safety Zone” for 30 minutes; and

(b) An environmental monitoring report shall be submitted to Fisheries and Oceans Canada, c/o Brian Naito, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, 604-666-6627 (fax), Brian.Naito@dfo-mpo.gc.ca (email), or Tola Coopper, 201–401 Burrard Street, Vancouver, British Columbia V6C 3S5, 604-666-0417 (fax), Tola.Coopper@dfo-mpo.gc.ca (email), and to Environment Canada, c/o Mr. Scott Lewis, identified in paragraph 13.2, within 30 days of either the completion of the work or the expiry of the permit, whichever comes first. The report shall include details on the loading and transit activities in resident killer whale critical habitat and any observations from the marine mammal observer and officer of the bridge, including the following:

(i) Date, time and position (latitude and longitude), species and numbers of all killer whale observations,

(ii) Date and time of all work stoppages or start-up delays because of killer whales, and the numbers of animals, and

(iii) Detailed description(s) of all observations of killer whale disturbance or other impacts.

DANIEL WOLFISH
Regional Director
Environmental Protection Operations Directorate
Pacific and Yukon Region
On behalf of the Minister of the Environment

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 16082

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in respect of the substance 2-Propenoic acid, 2-methyl-, polymer with 2-(substituted)alkyl 2-methyl-2-propenoate, 2-propenoic acid and polyfluoroalkyl 2-methyl-2-propenoate, acetate, under section 83 of the Canadian Environmental Protection Act, 1999;

Whereas the substance is not specified on the Domestic Substances List;

And whereas the Ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that Act applies to the substance in accordance with the Annex.

JIM PRENTICE
Minister of the Environment

ANNEX

Information Requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. In relation to the substance 2-Propenoic acid, 2-methyl-, polymer with 2-(substituted)alkyl 2-methyl-2-propenoate, 2-propenoic acid and polyfluoroalkyl 2-methyl-2-propenoate, acetate, a significant new activity is the use of the substance in Canada, in any quantity, other than for use as

(a) a component of an oil and water repellent or an anti-soiling agent when they are industrially applied to paper, paperboard, textiles, fabric or carpeting;

(b) a component of a water-based protective sealer that is industrially or commercially applied to stone, masonry, grout or concrete; or

(c) a component of a water repelling and supporting agent that is used for treatments in the oil industry.

2. Despite item 1, the use of the substance as a research and development substance, as this term is defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers), is not a new activity.

3. The following information must be provided to the Minister at least 90 days before the commencement of each proposed significant new activity:

(a) a description of the proposed significant new activity in relation to the substance;

(b) the information specified in Schedule 9 to the New Substances Notification Regulations (Chemicals and Polymers);

(c) the information specified in item 5 of Schedule 10 to those Regulations;

(d) for applications involving spraying of the substance by consumers or in dwellings, the test data and a test report from a subchronic inhalation toxicity study, in rats, on 6:2 Fluorotelomer alcohol, conducted according to the methodology described in the Organisation for Economic Co-operation and Development (“OECD”) Test Guideline No. 413 (“Test Guideline”) titled Subchronic Inhalation Toxicity: 90-day Study, and in conformity with the practices described in the OECD Principles of Good Laboratory Practice (“Principles of GLP”) set out in Annex 2 of the Decision of the Council Concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted on May 12, 1981, and where both the Test Guideline and Principles of GLP are current at the time the test data are developed, or any other similar study or information, which will permit assessment of the subchronic inhalation toxicity of 6:2 Fluorotelomer alcohol; and

(e) all other information or test data concerning the substance that are in the possession of the person who intends to use the substance for the proposed significant new activity, or to which they have access, and that are relevant to determining whether the substance is toxic or capable of becoming toxic, including information or test data that are relevant to determining the subchronic inhalation toxicity of the fluorotelomer-based degradation products of the substance.

4. The above information will be assessed within 90 days after the day on which it is received by the Minister.

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

A Significant New Activity Notice is a legal instrument issued by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999. The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Notice.

Substances that are not listed on the Domestic Substances List can be manufactured or imported only by the person who has met the requirements set out in section 81 of the Canadian Environmental Protection Act, 1999. Under section 86 of the Canadian Environmental Protection Act, 1999, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify the Minister of the Environment of any new activity and all other information as described in the Notice. It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance. However, as mentioned in subsection 81(6) of the Canadian Environmental Protection Act, 1999, a Significant New Activity notification is not required when the proposed new activity is regulated under an act or regulations listed on Schedule 2 to the Canadian Environmental Protection Act, 1999.

A Significant New Activity Notice does not constitute an endorsement from Environment Canada or the Government of Canada of the substance to which it relates, or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

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DEPARTMENT OF INDUSTRY

DEPARTMENT OF INDUSTRY ACT

Revised Competition Bureau Fee and Service Standards Policy

Notice is hereby given that the Minister of Industry, pursuant to sections 18, 19, and 20 of the Department of Industry Act, fixes November 1, 2010, for the coming into force of the revised Competition Bureau Fee and Service Standards Policy signed October 5, 2010.

Competition Bureau Fees and Service Standards Policy for
Mergers and Merger-Related Matters

A. Introduction

The Competition Bureau (“Bureau”) is an independent law enforcement agency responsible for, among other things, the administration and enforcement of the Competition Act (“Act”). The Bureau contributes to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.

In 2009, amendments to the merger provisions of the Act were introduced to improve the predictability, effectiveness and efficiency of the merger review process. These amendments created a two-stage process for reviewing mergers in Canada, which resulted in changes to the statutory waiting periods for parties required to notify the Commissioner of Competition (“Commissioner”) of a proposed transaction. The Bureau engaged in public consultations, during which stakeholders raised concerns regarding the interface of the new statutory regime and the March 2003 Competition Bureau Fee and Service Standards Policy (“2003 Policy”), and requested that the 2003 Policy be revised to improve the alignment of service standards with statutory waiting periods.

This Competition Bureau Fees and Service Standards Policy for Mergers and Merger-Related Matters (“Policy”) contains service standards that are more relevant to stakeholders, and is consistent with the government’s overall objective of fairness, which seeks to ensure that those who benefit most from a service should pay for it, rather than have all Canadians pay through general taxation. The Policy, like the one it replaces, recognizes the “public good” component related to the activities covered by the Policy. Likewise, the fees set out in the Policy are unchanged since April 1, 2003, and have been developed within this framework and in consideration of other government and Bureau policy objectives.

The introduction of fees and related service standards has promoted a more disciplined approach to identifying and measuring the Bureau’s performance. The Bureau is committed to ensuring that those who seek services, or are bound by regulatory requirements, have timely and predictable opportunities to provide input regarding fees and service standards. To ensure that stakeholders have an opportunity to provide feedback on the Policy and the Competition Bureau Fees and Service Standards Handbook for Mergers and Merger-Related Matters (“Handbook”), the Bureau holds public consultations every two to three years. These consultations also provide the Bureau with an opportunity to report publicly on its performance.

This Policy supersedes the 2003 Policy with respect to merger and merger-related matters.

For further information related to implementation of this Policy, please consult the Handbook available at www.competitionbureau.gc.ca.

B. Mergers Branch Services and Regulatory Processes for which Fees Apply

1. Pre-Merger Notification

Part IX of the Act sets out the statutory framework for pre-merger notification (“notification”), which requires parties to proposed transactions that exceed certain monetary thresholds (and, where applicable, shareholding or interest-holding thresholds), unless an exemption is available, to: (a) notify the Commissioner prior to completing the proposed transaction; (b) provide specified information; and (c) wait a specified period of time before completing the transaction. Pursuant to paragraph 123(1)(a) of the Act, parties are legally prohibited from closing the transaction for an initial 30-day waiting period, unless the Commissioner notifies the parties that the she does not intend, at that time, to make an application under section 92 of the Act in respect of the proposed transaction (such notice is commonly referred to as a “No-Action Letter”).

During the initial 30-day waiting period, the Commissioner may, pursuant to subsection 114(2), require a notifying party to supply additional information that is relevant to the assessment of the proposed transaction. The issuance of a supplementary information request (“SIR”) triggers a second 30-day waiting period that commences only once the Commissioner has received from each SIR recipient a complete response to all information requests set out in the SIR. (see footnote 1) A proposed transaction may not close until the expiry of this second waiting period, subject to the receipt of a No-Action Letter.

Also, pursuant to section 100 of the Act, upon application by the Commissioner, the Competition Tribunal (“Tribunal”) may issue an interim order prohibiting the completion of the transaction.

2. Advance Ruling Certificates (“ARCs”)

Parties to a proposed transaction may apply for an ARC in lieu of, or in addition to, submitting a notification. Pursuant to section 102 of the Act, where the Commissioner is satisfied by a party or parties to a proposed transaction that there are insufficient grounds to apply to the Tribunal for a remedial order under section 92, the Commissioner may issue an ARC. (see footnote 2) The issuance of an ARC is discretionary; however, an ARC cannot be issued for a transaction that has been completed. Where an ARC is issued, paragraph 113(b) of the Act exempts the named transaction from the notification provisions of Part IX of the Act.

Under section 103 of the Act, where the Commissioner issues an ARC and where the proposed transaction to which the ARC relates is substantially completed within one year after the ARC is issued, the Commissioner cannot apply to the Tribunal solely on the basis of information that is the same or substantially the same as the information upon which issuance of the ARC was based; however, where the Commissioner receives additional information that differs from the basis upon which the ARC was issued, the Commissioner may apply to the Tribunal for an order under section 92 of the Act. Thus, it is critical that parties provide full disclosure of all information relevant to the proposed transaction and its effect on competition at the time an ARC is requested.

3. Written Opinions

Guidance regarding the applicability or interpretation of Part IX of the Act can be obtained by requesting a binding written opinion from the Commissioner under section 124.1 of the Act. Written opinions, which take into account relevant jurisprudence, previous written opinions, current policies and enforcement guidance, are binding on the Commissioner as long as the facts of the matter remain substantially unchanged and the transaction is carried out substantially as proposed.

The Bureau will not provide a written opinion under section 124.1 that requests an assessment of the competitive effects of a proposed transaction under the merger provisions of the Act. Parties to a proposed transaction seeking this kind of assessment, regardless of whether the transaction is notifiable, must submit a notification and/or an ARC request.

4. Photocopies

Fees for photocopies apply to requests for copying services made to the Bureau.

C. Consultations

In developing this Policy, consideration has been given to the comments received during the June 2007 Merger Forum, as well as during meetings organized by the Bureau’s Mergers Branch as part of the consultation regarding the revised merger review process. In January 2010, at the Canadian Bar Association Merger Roundtable, representatives of the Mergers Branch presented an overview of the proposed changes to the 2003 Policy and attendees were invited to comment on possible revisions to the Handbook. A revised Draft Handbook was published in May 2010 and posted on the Bureau’s website, allowing for a broad consultation. The Mergers Branch also held a Fees and Service Standards Forum on May 31, 2010 in Toronto. The comments received through these consultations have been considered, and many are reflected in this Policy and the related Handbook. Stakeholders consulted included members of the legal and business communities.

Based on the comments received, the Bureau has maintained the current service standard for non-complex merger transactions. The previous “complex” and “very complex” service standards have been consolidated into a single “complex” category to better align with statutory waiting periods as suggested by stakeholders. In addition, at 45 days, the new complex service standard is significantly shorter than its predecessor “complex” and “very complex” service standards (previously, 10 weeks and 5 months, respectively). The new complex service standard also accommodates situations where a SIR is issued, in which case the applicable service standard will terminate 30 days after the day on which the information requested in the SIR has been received by the Commissioner from all SIR recipients, consistent with the statutory waiting period. The Handbook also clarifies what information is generally sufficient for the Bureau to assign complexity and, thus, commence the service standard. Service standards remain unchanged with respect to written opinions under Part IX of the Act.

D. Fees and Service Standards

Fees that came into effect on April 1, 2003 remain unchanged. Further, where a merger notification in respect of a proposed transaction is withdrawn and subsequently re-submitted, parties will not be required to pay the fee upon re-submission, provided certain conditions, which are described in Part F (Withdrawing and Re-Submitting a Notification), are met. The policy with regard to withdrawing and re-submitting a notification comes into effect November 1, 2010.

Service standards represent the maximum time within which the Bureau will endeavour to advise parties of its position in respect of a proposed transaction, assuming cooperation from the parties. The service standards for notifications and ARC requests, which are based on calendar days, have been revised as set out in Table 1 below. The revised service standards come into effect November 1, 2010.

Table 1: Service Standards for Notifications, ARC Requests and Written Opinions

Service or Regulatory Process

Service Standard (calendar days)

Commencement of Service Standard*

Merger Notification Filings and ARC Requests

Non-complex

14 days

The day on which sufficient information has been received by the Commissioner to assign complexity. See the information set out in sections 3.3.2 and 3.3.3 of the Handbook.

Complex

45 days, except where a SIR is issued, in which case it shall be 30 days

The day on which sufficient information has been received by the Commissioner to assign complexity; or, where a SIR has been issued, the day on which the information requested in the SIR has been received by the Commissioner from all SIR recipients. See the information set out in section 3.3.4 of the Handbook.

Part IX Written Opinions

Non-complex

14 days

The day on which sufficient information has been received by the Commissioner to assign complexity. See the information set out in section 4.1 of the Handbook.

Complex

28 days

* In the case of an unsolicited bid under subsection 114(3), the service standard will commence when all parties other than the target corporation have complied with the applicable requirements.

Fees for notifications and ARC requests should be submitted at the time the request or filing is made. (see footnote 3) In the case of an ARC request, the person making the request is responsible for payment. In the case of a notification, the notifying parties should pay the fee. However, while the parties are free to make their own arrangements as to payment, the Bureau considers all notifying parties to be jointly and severally liable. (see footnote 4)

Fees for written opinions should be submitted at the time the application is made. The person making the request is responsible for payment. Only one fee applies to a written opinion that might involve the review of multiple sections of the Act. The Bureau will continue to charge $50 to charitable organizations. (see footnote 5)

Payments may be made by wire transfer (see footnote 6) or by cheque payable to the Receiver General for Canada. Payments for photocopying services may also be made by VISA or MasterCard. Written opinions and photocopying services are subject to federal and provincial taxes as indicated in Table 2 below.

Table 2: Fees for Merger Notification Filings, ARC Requests, Written Opinions and Photocopies

Service or Regulatory Process**

Fee

Notification

$50,000

ARC Request

$50,000

Written Opinion

$5,000*

Photocopies

$0.25*

* Requests for written opinions and photocopying services are subject to applicable federal and provincial taxes; only Canadian residents pay Canadian taxes.

** Where both a notification and an ARC request are submitted with respect to the same proposed transaction, only one fee applies.

E. Refund Policy for Notifications, ARC Requests and Written Opinions Under Part IX of the Act

Upon written request by the party that submitted the fee, refunds will be provided where:

(a) a notification is withdrawn within two business days of receipt by the Bureau;

(b) an ARC request is withdrawn within two business days of its receipt by the Bureau, if the Bureau has not issued an ARC or a No-Action Letter;

(c) both a notification and an ARC request are submitted in respect of the same transaction, and both the notification and the ARC request are withdrawn within two business days of receipt by the Bureau of the earlier of the notification or ARC request;

(d) the Bureau exercises its discretion to not provide a written opinion within fourteen days of receipt of the written opinion request;

(e) the request for a written opinion is withdrawn within two business days of receipt of the request by the Bureau; or

(f) the Bureau identifies or is notified of an over-payment within one year of the date the notification, ARC request or written opinion request was received by the Bureau. In these cases, the refund will only apply to the over-payment.

F. Withdrawing and Re-submitting a Notification (“Pull and Refile”)

If, during the initial waiting period under subsection 114(1) of the Act, a notification is withdrawn more than two business days after it was initially received and the parties subsequently resubmit a notification in respect of the same proposed transaction (“Subsequent Notification”), no fee will be required for the Subsequent Notification if the following conditions are met:

(a) the Subsequent Notification, specifically as it relates to the prescribed information pursuant to clause 16(1)(c)(iv)(A) and paragraph 16(1)(d) of the Regulations, is current as of the date it is received by the Bureau;

(b) the Subsequent Notification is certified pursuant to section 118 of the Act;

(c) the Subsequent Notification is received by the Bureau within five business days of the initial notification having been withdrawn;

(d) there has been no material change in respect of the proposed transaction; and

(e) it is the first Subsequent Notification.

If these conditions are not met, the Subsequent Notification will be considered a fresh notification that is subject to the applicable fee and service standards. Where the above conditions are met, the service standard will, regardless of whether an ARC request has also been received in respect of the same transaction, recommence when the Subsequent Notification is received, assuming it meets the criteria set out above, to best align the service standard period with the statutory waiting period.

G. Review Mechanisms

Parties submitting a notification, ARC request, or written opinion request are invited to provide feedback to the Bureau by completing the brief evaluation leaflet enclosed with each response to a request for service. Completed leaflets should be mailed to the Bureau’s Compliance and Operations Branch, which prepares reports for the Mergers Branch to ensure the anonymity of the respondents’ feedback to the Bureau.

Complaints regarding services and regulatory processes for which fees and service standards apply can be directed to the Deputy Commissioner of Competition, Compliance and Operations Branch. The Deputy Commissioner will examine the matter and will provide feedback to the complainant.

Contact information for the Deputy Commissioner of Competition, Compliance and Operations Branch, is:

Deputy Commissioner of Competition, Compliance and
Operations Branch
Competition Bureau
50 Victoria Street
Gatineau, Quebec
K1A 0C9
Telephone: 819-953-7942
Fax: 819-953-3464

On application, any resolution deemed by the complainant to be unsatisfactory will be further investigated by the Commissioner. Complainants will receive feedback as well as information regarding any subsequent resolutions or decisions relating to the original complaint.

Contact information for the Commissioner is:

Commissioner of Competition
Competition Bureau
50 Victoria Street
Gatineau, Quebec
K1A 0C9
Telephone: 819-997-5300
Fax: 819-953-5013

All complaints will be handled in the strictest confidence.

TONY CLEMENT
Minister of Industry

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Saguenay Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

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

WHEREAS in support of port operations, the Authority wishes to acquire the real property described in the Schedule hereto;

WHEREAS Schedule C of the Letters Patent describes the real property, other than federal real property, held or occupied by the Authority;

WHEREAS the board of directors of the Authority has requested that the Minister issue Supplementary Letters Patent to add to Schedule C of the Letters Patent the real property described in the Schedule hereto;

NOW THEREFORE, under the authority of section 9 of the Canada Marine Act, the Letters Patent of the Authority are amended by adding to Schedule C of the Letters Patent the real property described in the Schedule hereto.

These Supplementary Letters Patent are to be effective on the date of registration in the Land register of Québec, Registration Division of Chicoutimi, of the deed of sale evidencing the transfer of the real property described in the Schedule to the Authority.

ISSUED under my hand this 5th day of October, 2010.

___________________________________

Chuck Strahl, P.C., M.P.
Minister of Transport

SCHEDULE

Description of the real property, other than federal real property, acquired and managed by the Saguenay Port Authority and nature of the act of transfer of ownership.

Nature of the Act of Transfer of Ownership

Name and Capacity of Parties

Description of Real Property Acquired

Deed of Sale

Town of Saguenay, Vendor

Saguenay Port Authority, Purchaser

Immovable known and described as Lot four million twelve thousand four hundred and thirty-nine (Lot 4 012 439) and registered in the Cadastre of Quebec, Registration Division of Chicoutimi.

A technical description prepared at Saguenay on the twenty-third day of February two thousand and ten (February 23, 2010), under number 12568 of the minutes of Jean-Guy Tremblay, Land Surveyor, describes and situates the above immovable.

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NOTICE OF VACANCY

CANADIAN CENTRE ON SUBSTANCE ABUSE

Chairperson (Part-time position)

Location: National Capital Region

The Canadian Centre on Substance Abuse (CCSA) has a legislative mandate to provide national leadership and evidence-informed analysis and advice to mobilize collaborative efforts to reduce alcohol and other drug-related harms.

The Canadian Centre on Substance Abuse reports annually to Parliament and the provincial and territorial legislatures and is governed by a volunteer Board of Directors that meets approximately three to four times a year. The Board is composed of 15 members and the Chairperson and five of those members are appointed by the Governor in Council. Other directors, known as members-at-large, are recruited from a number of sectors including the business community, labour groups, and professional and voluntary organizations.

The Canadian Centre on Substance Abuse recognizes the challenges in the field of substance abuse and in the upcoming years would like to expand the understanding of addiction, consider innovative perspectives and ways of looking at problems, increase access to prevention and treatment programs, reach out to Aboriginal and northern Canadians, promote international dialogue on substance abuse, provide leadership on national priorities, foster a knowledge-translation environment, and create and sustain important partnerships.

The preferred candidate for the position of Chairperson will have a degree from a recognized university or an acceptable combination of education and experience related to the field of substance abuse and/or addictions field. Specific education and/or training in public policy development, government relations and/or communications and strong leadership skills that have been developed through leadership training and/or field experience with a Board of Directors or large, multi-stakeholder organization would be an asset.

The successful candidate will have experience holding a senior position on a Board of Directors with an understanding and demonstrated ability to nurture the vital relationships between a Board of Directors, a Chairperson and a Chief Executive Officer of an organization. He/she will have experience leading the development of a long-term strategic plan for an organization and have the demonstrated ability to successfully lead a Board of Directors to achieve or exceed the identified priorities in addition to experience acting as a representative of an organization to the various levels of government, stakeholders, media and the public at large with a specific interest and ability to engage the public and media on sensitive issues.

The successful candidate will have knowledge of the Canadian Centre on Substance Abuse Act and the relevant by-laws/ regulations and be supportive of the current strategic direction (2007–2010) of the Canadian Centre on Substance Abuse.

The successful candidate will possess the demonstrated ability to instill upon an organization and Board of Directors the vision and leadership needed to attain the set objectives and mandate of the Canadian Centre on Substance abuse, and will be a visionary with strong leadership qualities, including decision-making ability and the ability to represent the organization as a centre of excellence. The qualified candidate will have the ability to identify, analyze and define long-range priorities and put in place the necessary strategies to achieve them. He/she will have the ability to facilitate consensus and manage conflicts and the ability to manage a highly diverse and multi-jurisdictional program, as well as a proven track-record dealing with highly sensitive, political and sometimes competing interests with a strong appreciation for dissenting opinions and shown ability to encourage productive dialogue. The chosen candidate must have the ability to communicate effectively, both orally and in writing, and to act as a spokesperson for the Canadian Centre on Substance Abuse in dealing with governments, public institutions, the media and other organizations. The successful candidate must have high ethical standards and integrity, sound judgement, and superior interpersonal skills.

Proficiency in both official languages is essential.

The qualified candidate must be prepared to attend regular meetings in the National Capital Region with the CEO of the CCSA. The successful candidate must be prepared to travel regularly within Canada and abroad and must be prepared to undergo and pass a Government of Canada security review.

The government is committed to ensuring that its appointments are representative of Canada’s regions and official languages, as well as of women, Aboriginal peoples, disabled persons and visible minorities.

The preferred candidate must comply with the Ethical Guidelines for Public Office Holders and the Guidelines for the Political Activities of Public Office Holders. The guidelines are available on the Governor in Council Appointments Web site, under “Reference Material,” at www.appointments-nominations.gc.ca.

The selected candidate will be subject to the Conflict of Interest Act. For more information please visit the Office of the Conflict of Interest and Ethics Commissioner’s Web site at http://ciec-ccie.gc.ca.

This notice has been placed in the Canada Gazette to assist the Governor in Council in identifying qualified candidates for this position. It is not, however, intended to be the sole means of recruitment.

Further details about the Canadian Centre on Substance Abuse and its activities can be found on its Web site at www.ccsa.ca.

Interested candidates should forward their curriculum vitae by November 9, 2010, to the Assistant Secretary to the Cabinet (Senior Personnel), Privy Council Office, 59 Sparks Street, 1st Floor, Ottawa, Ontario K1A 0A3, 613-957-5006 (fax), GICA-NGEC@bnet.pco-bcp.gc.ca (email).

Bilingual notices of vacancies will be produced in an alternative format (audio cassette, diskette, Braille, large print, etc.) upon request. For further information, please contact Publishing and Depository Services, Public Works and Government Services Canada, Ottawa, Ontario K1A 0S5, 613-941-5995 or 1-800-635-7943.

[43-1-o]

BANK OF CANADA

Balance sheet as at September 30, 2010

(Millions of dollars) Unaudited

ASSETS

Cash and foreign deposits

 

6.8

Loans and receivables

   

Advances to members of the Canadian Payments Association

   

Advances to Governments

   

Securities purchased under resale agreements

   

Other loans and receivables

2.3

 
   

2.3

Investments

   

Treasury bills of Canada

25,153.6

 

Other securities issued or guaranteed by Canada:

   

maturing within three years

14,323.9

 

maturing in over three years but not over five years

4,943.9

 

maturing in over five years but not over ten years

5,718.5

 

maturing in over ten years

7,494.4

 

Other investments

38.0

 
   

57,672.3

Property and equipment

 

146.0

Other assets

 

139.2

       
     

57,966.6


LIABILITIES AND CAPITAL

Bank notes in circulation

 

55,140.6

Deposits

   

Government of Canada

1,551.5

 

Members of the Canadian Payments Association

25.3

 

Other deposits

666.0

 
   

2,242.8

Liabilities in foreign currencies

   

Government of Canada

   

Other

   
     

Other liabilities

   

Securities sold under

   

repurchase agreements

   

All other liabilities

453.2

 
     

453.2

     

57,836.6

Capital

   

Share capital and reserves

130.0

 

Retained earnings

4.3

 

Accumulated other comprehensive income

(4.3)

 
     

130.0

       
     

57,966.6

I declare that the foregoing return is correct according to the books of the Bank.

Ottawa, October 12, 2010

S. VOKEY
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 12, 2010

M. CARNEY
Governor

[43-1-o]

Footnote 1
In the case of an unsolicited bid, the second 30-day waiting period begins upon the date when the Commissioner receives the requested information from the bidder, without reference to the date upon which the target complies with a SIR. This is intended to prevent the target from delaying the completion of the un-solicited bid by failing to comply with a SIR in a timely manner.

Footnote 2
Where parties to a transaction require approval from agencies other than the Bureau prior to closing their transaction, the issuance of an ARC does not derogate from the need to obtain these other approvals.

Footnote 3
The failure to provide payment with a notification or ARC request, however, will not affect the commencement of the service standard or the statutory waiting period.

Footnote 4
Except where a party is required to notify pursuant to subsection 114(3), in which case, that party is not liable for the payment of the fee.

Footnote 5
The Income Tax Act’s definition of a charitable organization will be used to determine the applicability of this exception.

Footnote 6
For further information regarding wire transfers, parties should contact the Merger Notification Unit.


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