Vol. 148, No. 47 — November 22, 2014

GOVERNMENT NOTICES

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Respecting the Start-up Business Class, 2014

The Minister of Citizenship and Immigration, pursuant to section 14.1 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Respecting the Start-up Business Class, 2014.

Ottawa, November 14, 2014

CHRIS ALEXANDER
Minister of Citizenship and Immigration

MINISTERIAL INSTRUCTIONS RESPECTING THE START-UP BUSINESS CLASS, 2014

Definitions

1. The following definitions apply in these Instructions.

“Act”
« Loi »

“Act” means the Immigration and Refugee Protection Act.

“applicant”
« demandeur »

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

Canadian Language Benchmarks
« Canadian Language Benchmarks »

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

“commitment”
« engagement »

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

“designated”
« désigné »

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

“investing”
« investir »

“investing” means buying shares or other forms of equity in a qualifying business.

“language skill area”
« habileté langagière »

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

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

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

“qualified participant”
« participant admissible »

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

“qualifying business”
« entreprise admissible »

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

“Regulations”
« Règlement »

“Regulations” means the Immigration and Refugee Protection Regulations.

Establishment of start-up business class

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

Member of class

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

Syndication

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

Limit

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

Improper purpose

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

Agreements with industry associations

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

Termination of agreements

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

Designation

4. For the purposes of these Instructions,

Status of entities

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

Form of commitment

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

Conditional commitment

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

Contents of commitment — business incubator

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

Contents of commitment — angel investor group or venture capital fund

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

Multiple applicants

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

Qualifying business

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

Conditional incorporation of business

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

Documentation

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

Conclusive evidence

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

Minimal requirements

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

Multiple applicants

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

Application for visa

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

Production of other documents

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

Peer review

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

Grounds for review

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

Independent assessment

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

Final decision

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

Status of peer review panel

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

Substituted evaluation

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

Exception

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

Concurrence

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

Processing fees

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

Non-application

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

Application of section 107 of Regulations

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

Repeal

15. The Ministerial Instructions Respecting the Start-up Business Class, 2013-2, published in the Canada Gazette, Part I, on October 26, 2013 are repealed.

Effective period

16. These Instructions have effect during the period beginning on November 22, 2014 and ending on March 31, 2018.

SCHEDULE 1
(Paragraph 4(a))

DESIGNATED BUSINESS INCUBATORS

SCHEDULE 2
(Paragraph 4(b))

DESIGNATED ANGEL INVESTOR GROUPS

SCHEDULE 3
(Paragraph 4(c))

DESIGNATED VENTURE CAPITAL FUNDS

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DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 17799

Ministerial Condition

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information pertaining to the substance poly(oxy-1,2-ethanediyl), α-[2-[tetrahydro-1 (2H)-pyrimidinyl) alkyl]-ω-hydroxy-, N-tallow alkyl derivs., di-Me sulfatequaternized;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999;

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.

November 10, 2014

LEONA AGLUKKAQ
Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

“notifier” means the person who has, on July 29, 2014, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999;

“substance” means poly(oxy-1,2-ethanediyl), α-[2-[tetrahydro-1 (2H)-pyrimidinyl) alkyl]-ω-hydroxy-, N-tallow alkyl derivs., di-Me sulfate-quaternized; and

“waste” includes effluents resulting from rinsing vessels used for the substance or blending equipment, any spillage that contains the substance, process effluents that contain the substance and any residual amounts of the substance in any vessel.

2. The notifier may import or manufacture the substance in accordance with the present ministerial conditions.

Restrictions

3. The notifier may import or manufacture the substance to use it only in corrosion inhibitor formulations used for oil and gas production or to transfer its physical possession or control to a person who will use it only in these applications.

4. At least 120 days prior to beginning manufacturing the substance in Canada, the notifier shall inform the Minister of the Environment, in writing, and provide the following information:

Handling and Disposal of the Substance

5. The notifier or the person to whom the substance has been transferred must collect any waste in their physical possession or under their control and destroy or dispose of it in the following manner:

Environmental Release

6. Where any release of the substance to the environment occurs other than its use in corrosion inhibitor formulations used for oil and gas production, the person who has the physical possession or control of the substance shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the person shall, as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Canadian Environmental Protection Act, 1999.

Record-keeping Requirements

7. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

(2) The notifier shall maintain the electronic or paper records mentioned in subsection (1) at the notifier’s principal place of business in Canada for a period of at least five years after they are made.

Other Requirements

8. The notifier shall inform any person to whom they transfer the physical possession or control of the substance or of waste in writing of the terms of the present ministerial conditions. The notifier shall obtain, prior to any transfer of the substance or waste, written confirmation from this person that they were informed of the terms of the present ministerial conditions. This written confirmation shall be maintained at the principal place of business in Canada of the notifier or of the representative of that person in Canada for a period of at least five years from the day it was received.

Coming into Force

9. These ministerial conditions come into force on November 10, 2014.

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DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of claims for exemption

Pursuant to paragraph 12(1)(a) of the Hazardous Materials Information Review Act, the Chief Screening Officer of the Workplace Hazardous Materials Directorate hereby gives notice of the filing of the claims for exemption listed below.

In accordance with subsection 12(2) of the Hazardous Materials Information Review Act, affected parties may make written representations to the screening officer with respect to the claim for exemption and the material safety data sheet to which it relates. “Affected parties” means a person who is not a competitor of the claimant and who uses, supplies or is otherwise involved in the use or supply of the controlled product at a work place, and includes

Written representations respecting a claim for exemption cited in the present notice, or respecting the material safety data sheet or label to which the claim relates, must cite the appropriate registry number, state the reasons and evidence upon which the representations are based and be delivered within 30 days of the date of the publication of this notice in the Canada Gazette, Part I, to the screening officer at the following address: Workplace Hazardous Materials Bureau, 269 Laurier Avenue West, 4th Floor, Ottawa, Ontario K1A 0K9.

ROSSLYNN MILLER-LEE
Chief Screening Officer

The claims listed below seek a business exemption from the disclosure of employer confidential information in respect of a controlled product. The confidential information would otherwise be required to be disclosed by the provisions of the applicable provincial legislation relating to occupational health and safety.

Claimant Product Identifier (As shown on the MSDS) Subject of the Claim for Exemption Registry Number

Rohm and Haas Canada LP,
West Hill, Ontario

MONOMER QM-1565

Chemical identity of one ingredient

9257

SaskPower,
Regina, Saskatchewan

BDPS ICCS DC-103 Lean, In-Service Amine Absorbent: aka "Lean CO2 Amine"

Chemical identity of six ingredients, concentration of three ingredients, and chemical name, common name, generic name, trade name or brand name of a controlled product

9275

SaskPower,
Regina, Saskatchewan

BDPS ICCS DS
Acid-Treated, Lean, In-Service Amine Absorbent: aka "Lean SO2 Amine"

Chemical identity of six ingredients, concentration of three ingredients, and chemical name, common name, generic name, trade name or brand name of a controlled product

9276

SaskPower,
Regina, Saskatchewan

BDPS ICCS DC-103
Rich, In-Service Amine Absorbent: aka "Rich CO2 Amine"

Chemical identity of seven ingredients, concentration of three ingredients, and chemical name, common name, generic name, trade name or brand name of a controlled product

9277

SaskPower,
Regina, Saskatchewan

BDPS ICCS DS
Acid-Treated, Rich, In-Service Amine Absorbent: aka "Rich SO2 Amine"

Chemical identity of six ingredients, concentration of three ingredients, and chemical name, common name, generic name, trade name or brand name of a controlled product

9278

The claims listed below seek exemption from the disclosure of supplier confidential business information in respect of a controlled product; such disclosure would otherwise be required under the provisions of the Hazardous Products Act.

Claimant Product Identifier (As shown on the MSDS) Subject of the Claim for Exemption Registry Number

Elementis Specialties, Inc.,
East Windsor, New Jersey

THIXATROL® D45

Chemical identity of one ingredient

9248

Elementis Specialties, Inc.,
East Windsor, New Jersey

THIXATROL® DW

Chemical identity of two ingredients

9249

Elementis Specialties, Inc.,
East Windsor, New Jersey

THIXATROL® DW50

Chemical identity of one ingredient

9250

MeadWestvaco Corp.
Specialty Chemicals Div.,
North Charleston, South Carolina

INDULIN® 206

Chemical identity of one ingredient

9251

Halliburton Energy Services, Inc.,
Houston, Texas

BDF™-642

Chemical identity and concentration of one ingredient

9252

Dow Chemical Canada ULC,
Calgary, Alberta

UCARSOLTM HS SOLVENT 115C

Chemical identity and concentration of two ingredients

9253

Dow Chemical Canada ULC,
Calgary, Alberta

DOWTM IC 110 FORMULATED IRON CHELATE MIXTURE

Chemical identity of three ingredients

9254

JFB Hart Coatings, Inc.,
Woodridge, Illinois

GLOSSTEKTM 100 PART B

Chemical identity of two ingredients

9255

JFB Hart Coatings, Inc.,
Woodridge, Illinois

GLOSSTEKTM 400 PART B

Chemical identity of two ingredients

9256

MeadWestvaco Corp.
Specialty Chemicals Div.,
North Charleston, South Carolina

INDULIN® SA-L

Chemical identity of one ingredient

9258

Chevron Oronite Company LLC,
Bellaire, Texas

LUBAD 1737

Chemical identity of two ingredients

9259

Cytec Industries Inc.,
Woodland Park, New Jersey

OREPREP® F-603 Frother

Chemical identity of two ingredients

9260

Rohm and Haas Canada LP,
West Hill, Ontario

PREFERRED DC-15

Chemical identity of two ingredients

9261

Champion Technologies Ltd.,
Calgary, Alberta

Emulsotron XZ-1677C

Chemical identity and concentration of two ingredients

9262

Guardian Chemicals Inc.,
Fort Saskatchewan, Alberta

PRESSGUARD MO

Chemical identity and concentration of three ingredients

9263

Stepan Company,
Northfield, Illinois

ALPHA-STEP LD-450

Chemical identity of eight ingredients

9264

Hydro Technologies (Canada) Inc.,
Québec, Quebec

HY BRITE® RC-3180

Chemical identity and concentration of one ingredient

9265

Nalco Canada Co.,
Burlington, Ontario

NALCO® EC1510A

Chemical identity of five ingredients

9266

MeadWestvaco Corp.
Specialty Chemicals Div.,
North Charleston, South Carolina

PCX-1944 (Export Only)

Chemical identity and concentration of one ingredient

9267

Champion Technologies Ltd.,
Calgary, Alberta

Surfatron DN-158

Chemical identity and concentration of three ingredients

9268

Cytec Industries Inc.,
Woodland Park, New Jersey

ACORGA® DXT55 Solvent Extraction Reagent

Chemical identity of one ingredient

9269

MeadWestvaco Corp.
Specialty Chemicals Div.,
North Charleston, South Carolina

EnvaMulTM 1740

Chemical identity and concentration of three ingredients

9270

MeadWestvaco Corp.
Specialty Chemicals Div.,
North Charleston, South Carolina

EnvaMulTM 1884

Chemical identity and concentration of two ingredients

9271

The Lubrizol Corporation,
Wickliffe, Ohio

LUBRIZOL® IG93MA

Chemical identity of three ingredients

9272

Chemguard,
Mansfield, Texas

CHEMGUARD S-764P

Chemical identity and concentration of one ingredient

9273

Afton Chemical Corporation,
Richmond, Virginia

HiTEC® 3418M Performance Additive

Chemical identity of eight ingredients

9274

Champion Technologies Ltd.,
Calgary, Alberta

Emulsotron X-8127

Chemical identity and concentration of one ingredient

9279

MeadWestvaco Corp.
Specialty Chemicals Div.,
North Charleston, South Carolina

PC-2016

Chemical identity and concentration of three ingredients

9280

DuPont Electronic
and Communication Technologies-MCM,
Research Triangle Park, North Carolina

7105

Chemical identity of one ingredient

9281

DuPont Electronic and Communication
Technologies-MCM,
Research Triangle Park,
North Carolina

5642

Chemical identity of one ingredient

9282

E.I. DuPont Canada Company,
Mississauga, Ontario

EndimalTM PT

Chemical identity of two ingredients

9283

E.I. DuPont Canada Company,
Mississauga, Ontario

Endimal® 500

Chemical identity of one ingredient

9284

Momentive Performance Materials,
Markham, Ontario

Niax® silicone L-6189

Chemical identity of two ingredients

9285

Momentive Performance Materials,
Markham, Ontario

Silbreak™ 743 demulsifier

Chemical identity of two ingredients

9286

CESI Chemical,
Marlow, Oklahoma

FE-7

Chemical identity and concentration of two ingredients

9287

CESI Chemical,
Marlow, Oklahoma

FE-8

Chemical identity and concentration of one ingredient

9288

GE Water & Process Technologies Canada,
Oakville, Ontario

DM20350

Chemical identity and concentration of one ingredient

9289

Champion Technologies Ltd.,
Calgary, Alberta

Assure HI-203

Chemical identity and concentration of one ingredient

9290

IPAC Chemicals Ltd.,
Vancouver, British Columbia

Envirobind DCT

Chemical identity and concentration of one ingredient

9291

Trican Well Service Ltd.,
Calgary, Alberta

FC-2

Chemical identity and concentration of one ingredient

9292

BASF Canada Inc.,
Mississauga, Ontario

Cyclanon Washoff XC-W New

Chemical identity of one ingredient

9293

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DEPARTMENT OF INDUSTRY

RADIOCOMMUNICATION ACT

Notice No. SMSE-019-14 — Release of RSS-Gen, Issue 4, and RSP-100, Issue 10

Notice is hereby given by Industry Canada that the following documents will come into force upon publication on the Industry Canada Web site:

The above-mentioned documents were published to reflect the technical and certification requirements for equipment.

General information

These documents have been coordinated with industry through the Radio Advisory Board of Canada.

The radio equipment technical standards lists will be amended to reflect the above-mentioned changes.

Submitting comments

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

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

Obtaining copies

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

Official versions of Canada Gazette notices can be viewed at http://www.gazette.gc.ca/rp-pr/p1/index-eng.html.

October 2014

DANIEL DUGUAY
Acting Director General
Engineering, Planning and Standards Branch

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DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Trois-Rivières Port Authority — Supplementary letters patent

BY THE MINISTER OF TRANSPORT

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Trois-Rivières Port Authority (“Authority”), under the authority of the Canada Marine Act (“Act”), effective May 1, 1999;

WHEREAS Schedule C of the letters patent sets out the immovables, other than federal immovables, held or occupied by the Authority;

WHEREAS, pursuant to subsection 46(2.1) of the Act, the Authority wishes to acquire the immovable known and described as being lot 1 018 883 of the cadastre of Quebec (“Immovable”) from Karine Lanouette;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent to set out the Immovable in Schedule C of the letters patent;

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

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

Lot Number Description
1 018 883 An immovable known and designated as being lot 1 018 883 of the cadastre of Quebec, registration division of Trois-Rivières, city of Trois-Rivières, as described in the certificate of location and shown on the accompanying plan prepared July 29, 2014, under number 3341 of the minutes of Michel Plante, land surveyor, containing an area of 578.3 m2.

ISSUED under my hand this 31st day of October, 2014.

_______________________________

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

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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

BANK ACT

Alliance Data Systems Corporation — Approval to have a financial establishment in Canada

Notice is hereby given, pursuant to subsection 522.21(1) of the Bank Act, that the Minister of Finance approved, on October 9, 2014, Alliance Data Systems Corporation to have a financial establishment in Canada.

October 29, 2014

JEREMY RUDIN
Superintendent of Financial Institutions

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