Vol. 149, No. 2 — January 10, 2015
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2015-66-01-02 Amending the Non-domestic Substances List
Notice is hereby given that the date in the notice bearing the above-mentioned title published in the Canada Gazette, Part I, Vol. 149, No. 1, dated Saturday, January 3, 2015, on page 8, should have read as follows:
Gatineau, December 16, 2014
DEPARTMENT OF THE ENVIRONMENT
FISHERIES ACT (R.S.C., 1985, c. F-14)
Administrative Agreement between the Government of Saskatchewan and the Government of Canada Regarding the Administration of the Wastewater Systems Effluent Regulations in Saskatchewan
Notice is hereby given that the Minister of the Environment intends to conclude with Saskatchewan the annexed agreement entitled “Administrative Agreement between the Government of Saskatchewan and the Government of Canada Regarding the Administration of the Wastewater Systems Effluent Regulations in Saskatchewan.” The English version of this Agreement is the only official version.
Interested persons may, within 30 days after the publication of this notice, file comments with respect to the proposed agreement. All such comments must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to James Arnott, Wastewater Program, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3, email@example.com (email).
Ottawa, December 16, 2014
Minister of the Environment
ADMINISTRATIVE AGREEMENT BETWEEN THE GOVERNMENT OF SASKATCHEWAN AND THE GOVERNMENT OF CANADA REGARDING THE ADMINISTRATION OF THE WASTEWATER SYSTEMS EFFLUENT REGULATIONS IN SASKATCHEWAN
This Administrative Agreement is made between:
THE GOVERNMENT OF CANADA as represented by the Minister of the Environment (herein referred to as “Canada”)
THE GOVERNMENT OF SASKATCHEWAN as represented by the Minister of Environment (herein referred to as “Saskatchewan”)
WHEREAS Canada and Saskatchewan are signatories to the Canada-wide Strategy for the Management of Municipal Wastewater Effluent that establishes national performance standards for effluent quality from wastewater systems that discharge wastewater effluent to surface water and establishes a one-window approach to governance so owners and operators of wastewater systems deal with a single regulatory body;
AND WHEREAS Canada published the Wastewater Systems Effluent Regulations as one of the federal government’s commitments to implement the Canada-wide Strategy for the Management of Municipal Wastewater Effluent;
AND WHEREAS Saskatchewan promulgated The Water Regulations, 2002 under the Environmental Management and Protection Act, 2002, which aims to protect provincial water from pollution through, among other measures, the issuance of permits to construct, modify, or operate sewage works;
AND WHEREAS Saskatchewan has in place its Drinking Water and Wastewater Enforcement Protocol (EPB 222) and Canada has in place its Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act - November 2001;
AND WHEREAS Canada and Saskatchewan recognize that there is a benefit to adopting a cooperative and harmonized approach to reduce administrative duplication resulting from comparable legislative and regulatory provisions, and that there is a need to specify the procedures of this approach in an agreement;
AND WHEREAS Canada and Saskatchewan agree that Saskatchewan, due to its existing relationship with owners and operators of municipally, privately and provincially owned wastewater systems, is well positioned to act as the point of contact for the administration of the Wastewater Systems Effluent Regulations;
AND WHEREAS section 4.1 of the Fisheries Act and the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act enable the Minister of the Environment to enter into agreements with a province to further the purposes of the Act, including facilitating joint action in areas of common interest, reducing overlap and harmonizing respective programs;
AND WHEREAS paragraph 3(4)(a) of the Environmental Management and Protection Act, 2002 enables Saskatchewan to enter into agreements with the Government of Canada relating to any matter pertaining to environmental protection;
AND WHEREAS the Government of Saskatchewan, subject to approval of the Lieutenant Governor in Council, may authorize the Minister of Environment to enter into this administrative agreement;
NOW THEREFORE Canada and Saskatchewan (herein referred to as “the Parties” collectively and “Party” individually) agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 “Agreement” means this Administrative Agreement and includes annexes A and B and any amendments made to the Agreement.
1.2 “Authorization Officer” has the same meaning as that set out in section 1 of the Wastewater Systems Effluent Regulations, and is, for the purposes of this Agreement, the Environmental Authorization Officer defined below in section 1.6.
1.3 “Compliance Promotion” means any actions or measures, including site visits, taken by Canada or Saskatchewan that promote conformity with the Wastewater Systems Effluent Regulations.
1.4 “Enforcement Activities” means the activities and measures undertaken by specifically designated personnel as described in the Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act - November 2001, as amended from time to time, and in the Drinking Water and Wastewater Enforcement Protocol (EPB 222) of Saskatchewan, as amended from time to time.
1.5 “Environment Canada” means the Department of the Environment of the Government of Canada.
1.6 “Environmental Authorization Officer” means the Environmental Officer of the Environmental and Municipal Management Services Division of the Water Security Agency in Saskatchewan, who is designated as the Authorization Officer in section 4.1.1 of this Agreement.
1.7 “Environmental Management and Protection Act, 2002” or “EMPA 2002” means the Environmental Management and Protection Act, 2002, Chapter E-10.21 of the Statutes of Saskatchewan, as amended from time to time.
1.8 “ERRIS” means Canada’s Effluent Regulatory Reporting Information System, a web-based national reporting system used to collect and store the information reported under the Wastewater Systems Effluent Regulations.
1.9 “Fisheries Act” means the Fisheries Act, R.S.C., 1985, c. F-14, as amended from time to time.
1.10 “Management Committee” means the committee that the Parties agree to establish as described in section 4.6 and in Annex B of this Agreement.
1.11 “Ministry of Environment” means the Ministry of Environment of the Government of Saskatchewan.
1.12 “Permit to Operate” means a permit issued to the owner of a “Sewage Works”, as defined in section 1.13 below, by the Minister Responsible for the Water Security Agency pursuant to subsection 23(1), paragraph 34(2)(e) and paragraph 34(8)(a) of the EMPA 2002, which sets out the terms and conditions by which a Sewage Works may be operated, and which may include a permit, order, licence or approval continued as a permit issued pursuant to that Act, and which has not expired or been suspended or cancelled.
1.13 “Sewage Works” has the same meaning as set out in section 2 of the Environmental Management and Protection Act, 2002.
1.14 “Wastewater System” has the same meaning as set out in section 1 of the Wastewater Systems Effluent Regulations.
1.15 “Wastewater Systems Effluent Regulations” or “WSER” means the regulations registered as SOR/2012-139 made under the Fisheries Act and published in the Canada Gazette, Part II, on July 18, 2012, as well as any amendments that may be made to those regulations.
1.16 “The Water Regulations” means The Water Regulations, 2002, Chapter E-10.21 Reg 1, under the EMPA 2002.
1.17 “Water Security Agency” means the Water Security Agency, a Crown corporation of the Government of Saskatchewan.
1.18 “WSER Regulated Community” means the owners and operators of Wastewater Systems in Saskatchewan which are municipally, privately or provincially owned or operated and subject to the WSER.
1.19 For the purposes of interpretation, the words in the singular include the plural and vice versa and words in one gender include all genders.
2. PURPOSE AND OBJECTIVES OF THE AGREEMENT
The purpose of this Agreement is to facilitate cooperation between the Parties with respect to the administration and enforcement of the WSER and to reduce duplication resulting from comparable federal and provincial legislation with respect to wastewater in Saskatchewan.
The objectives of this Agreement are to
2.2.1 Identify the holder of the position designated as the Authorization Officer in Saskatchewan for Column 3 of Schedule 1 of the WSER and his or her duties as related to the administration of those regulations.
2.2.2 Describe roles and responsibilities for the Parties in order to facilitate cooperation in the administration of the WSER, including recognizing Saskatchewan as the point of contact for the administration of the WSER for the WSER Regulated Community.
2.2.3 Describe how the Parties will endeavour to cooperate with respect to Enforcement Activities taking place under their respective responsibilities, to help increase the effectiveness and efficiency of each Party’s enforcement efforts, while recognizing that Canada is at all times responsible for the enforcement of the WSER, and that Saskatchewan is at all times responsible for the enforcement of The Water Regulations.
2.2.4 Establish the procedures for the Parties’ collaboration relative to the ERRIS for the reporting of information in accordance with the requirements in the WSER.
2.2.5 Establish a Management Committee to oversee the implementation of this Agreement.
3.1 The Parties’ decisions will be based on science and risk-management approaches to achieve positive environmental and health results.
3.2 The Parties will act to address environmental matters in ways which respect their jurisdiction and responsibility. Nothing in this Agreement alters the legislative or other authority of the governments or the rights of either Party with respect to the exercise of their legislative or other authorities.
3.3 The Parties agree on the importance of timeliness and minimal duplication throughout the implementation of this Agreement.
3.4 The Parties recognize the importance of regular and open communication to ensure effective information sharing and cooperation, and to prevent overlapping activities and disputes between the Parties to this Agreement.
4. ACTIVITIES COVERED BY THIS AGREEMENT
The Parties agree to collaborate in carrying out the following activities:
4.1 Authorization Officer for the WSER
4.1.1 The Environmental Authorization Officer, appointed pursuant to the EMPA 2002, is designated as the Authorization Officer for the purpose of the WSER for the province of Saskatchewan as set out in Column 3 of Schedule 1 of the WSER.
4.1.2 Canada will provide, if requested by Saskatchewan, training on the WSER to the Authorization Officer, and his or her officials, either at a face-to-face meeting or through other means, as deemed feasible by Canada.
4.2.1 For the purposes of subsections 18(4), 19(4), and 48(1) of the WSER, the ERRIS is the electronic reporting system specified by Canada to be used by owners and operators of Wastewater Systems for submitting or reporting information set out in sections 18, 19, 20, 25, 35, 40 and 44 and subsection 29(2) of the WSER.
4.2.2 The Parties will have access to the information in the ERRIS that is reported by the WSER Regulated Community.
4.2.3 Canada will provide the Authorization Officer with sufficient privileged access to the ERRIS to carry out his or her responsibilities under the WSER. In so doing, Canada grants the Authorization Officer the right to use, download, reproduce and distribute WSER-related information in the ERRIS. Canada explicitly does not grant the right to modify or remove WSER-related information from the ERRIS.
4.2.4 Where the WSER Regulated Community submits, in paper format, information for the purposes of reporting under sections 18, 19, 20, 25, 35, 40 or 44 and subsection 29(2) of the WSER, the Authorization Officer will enter said information into the ERRIS.
4.2.5 Saskatchewan will keep all WSER-related information submitted or reported in paper format by the WSER Regulated Community for the term of this Agreement. Unless requested earlier by Canada, Saskatchewan will provide all of the paper documents to the wastewater program of Environment Canada no later than three months following termination or expiry of this Agreement.
4.2.6 Canada will provide guidance materials and training on the ERRIS to the Authorization Officer and his or her officials, as required in Annex A.
4.2.7 The Parties’ roles and responsibilities concerning the ERRIS are detailed in Annex A.
4.3 Program Administration for the WSER
4.3.1 Saskatchewan will be the point of contact for the WSER for the WSER Regulated Community.
4.3.2 Saskatchewan will review the information submitted by the WSER Regulated Community through the ERRIS.
4.3.3 Saskatchewan, while providing information and guidance and undertaking measures to encourage compliance with the requirements of the Saskatchewan Permits to Operate related to Sewage Works made under the EMPA 2002, will also provide information and guidance to the WSER Regulated Community as appropriate to promote awareness of WSER requirements.
4.3.4 Saskatchewan, when identifying Wastewater System owners and operators suspected of non-compliance with the EMPA 2002, will also identify members of the WSER Regulated Community suspected of non-compliance with the WSER. Saskatchewan will inform the manager of enforcement for the Saskatchewan District, Environment Canada of the status of the latter, and of the measures undertaken as per section 4.3.3 of this Agreement to promote awareness of WSER requirements among those owners and operators.
4.3.5 Saskatchewan will inform the manager of enforcement for the Saskatchewan District, Environment Canada, when initiating enforcement measures regarding a member of the WSER Regulated Community suspected of non-compliance under the EMPA 2002.
4.3.6 Saskatchewan will document for each interaction (such as communications and site visits) with the WSER Regulated Community, the date, nature of interactions, name and titles of persons contacted, and measures undertaken to promote awareness of WSER requirements, and provide this information to the manager of the wastewater program, Environment Canada, as requested, and within the time frame requested.
4.3.7 Saskatchewan will provide an annual summary to the Management Committee regarding activities under sections 4.3.5 and 4.3.6 of this Agreement on or before May 31 of each year, for the previous calendar year.
4.4 Cooperation on Compliance Promotion
4.4.1 The Parties agree they may collaborate in delivering regional presentations to the WSER Regulated Community and the owners and operators of municipally, privately and provincially owned or operated Wastewater Systems operating under Permits to Operate on the WSER, The Water Regulations and the EMPA 2002 during the term of this Agreement, as deemed necessary.
4.4.2 The Parties will collaborate on assessing how best to use the wastewater and municipal associations to provide information to the WSER Regulated Community in Saskatchewan during the term of this Agreement.
4.4.3 Canada is responsible for the development of its Compliance Promotion materials for the WSER.
4.5 Cooperation on Enforcement
4.5.1 The Parties agree to cooperate with respect to Enforcement Activities taking place under their respective responsibilities. This cooperation may include, but is not limited to, planning and coordination of Enforcement Activities, sharing all types of information such as inspection reports and evidence, undertaking joint inspections and other activities as deemed appropriate. The means of cooperation will be established by the Management Committee as described in section 2.2 of Annex B to this Agreement.
4.5.2 Canada is the point of contact for the enforcement of the WSER and remains responsible at all times for the enforcement of the WSER and the pollution prevention provisions of the Fisheries Act.
4.5.3 Saskatchewan is the point of contact for the enforcement of the EMPA 2002 and The Water Regulations, and remains responsible at all times for their enforcement.
4.6 Management Committee for this Agreement
4.6.1 The Parties will establish a Management Committee to oversee the implementation of this Agreement.
4.6.2 The roles and responsibilities of the Management Committee are described in the terms of reference appended to this Agreement as Annex B.
5.1 Each Party remains ultimately accountable and legally responsible for the administration and enforcement of its own regulatory and legislative requirements with respect to wastewater effluent.
6. ACCESS TO INFORMATION AND PRIVACY
6.1 The Parties expressly acknowledge that their respective access to information and protection of privacy legislation applies to information gathered by or exchanged between parties for the purpose of complying with this Agreement, and agree to work together to honour and respect each other’s legal obligations under that legislation.
6.2 The Parties agree to notify each other through the Management Committee of any application for access to information received relating to this Agreement.
7. FINANCIAL PROVISIONS
7.1 Canada will provide financial compensation to Saskatchewan in the total amount of $140,000.00, for the term of this Agreement, for the activities set out in this Agreement undertaken by Saskatchewan that are above and beyond the Saskatchewan commitment to implement the Canada-wide Strategy for the Management of Municipal Wastewater Effluent.
7.2 Payment of the total amount set out in section 7.1 of this Agreement will be made in five equal installments of $28,000.00, with the first installment to be made following the signature of this Agreement, in respect of the first twelve-month period of the term of this Agreement, and each succeeding installment to be made within, and in respect of, each subsequent twelve-month period of the term of this Agreement.
7.3 In the event that this Agreement is terminated by either Party prior to the end of the term of this Agreement, Canada will discontinue payment of any of the remaining installments set out in section 7.2 of this Agreement and Saskatchewan will reimburse Canada a pro-rated amount of the installment received in that twelve-month period in which the Agreement is terminated, no later than 60 days following termination of the Agreement.
8. AMENDMENT AND REVIEW OF THIS AGREEMENT
8.1 This Agreement may be amended from time to time by mutual written consent of the Ministers.
8.2 Canada will conduct a review of this Agreement six months before its expiry. The review will, at a minimum, determine whether the objectives, roles and responsibilities and activities have been met or undertaken, and identify any corrective action that may be required. The review report will be made available to the Management Committee no later than the expiration of the Agreement.
8.3 Canada will retain the intellectual property rights and interests in the review report referred to in section 8.2. In the event that Saskatchewan wishes to contribute to the review or to conduct a joint review of the Agreement with Canada, the Parties will collaborate to establish how the review will be carried out, addressing at minimum the requirements described above, and adequately deal with the question of intellectual property rights and interests in the review report.
9. EXECUTION, DURATION AND TERMINATION OF THE AGREEMENT
9.1 This Agreement may be signed in several counterparts and each counterpart constitutes an original document; these counterparts taken together constitute one and the same Agreement. The Parties agree that executed counterparts may be transmitted by facsimile machine and that such counterparts will be treated as originally executed instruments. Each Party undertakes to provide the other Party with an original copy of the Agreement bearing their respective actual original signatures within a reasonable period of time following execution of this Agreement.
9.2 This Agreement becomes effective as of the date of the last signature affixed to this Agreement.
9.3 This Agreement terminates five years after the date on which it comes into effect.
9.4 This Agreement may be terminated earlier by either Party giving the other Party at least six months written notice of termination; the notice would be sent through the cochairperson of the Management Committee of the other Party.
9.5 The Parties have agreed to prepare this Agreement in the English language.
10. DISPUTE RESOLUTION
10.1 The Parties agree that any dispute between them with respect to the interpretation, implementation and administration of this Agreement is to be resolved by the co-chairpersons of the Management Committee within 20 business days of the dispute being brought to the attention of the co-chairpersons.
10.2 Nothing in this Agreement precludes either of the Parties from fulfilling their respective mandates and obligations pursuant to their respective jurisdictions while the Parties reach a resolution or from taking such actions as may be deemed necessary in the event the Parties fail to reach resolution.
11. ENTIRE AGREEMENT
11.1This Agreement constitutes the entire and sole agreement between the Parties and supersedes all other communications, negotiations and agreements between the Parties in relation to the purpose and subject matter of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed on behalf of Canada by the federal Minister of the Environment, and on behalf of Saskatchewan by the Saskatchewan Minister of Environment.
FOR THE GOVERNMENT OF CANADA
THE HONOURABLE LEONA AGLUKKAQ
Minister of the Environment
FOR THE GOVERNMENT OF SASKATCHEWAN
THE HONOURABLE SCOTT MOE
Minister of Environment
THE PARTIES’ ROLES AND RESPONSIBILITIES CONCERNING THE EFFLUENT REGULATORY REPORTING INFORMATION SYSTEM (ERRIS)
1. ROLES AND RESPONSIBILITIES
Working together the Parties will do the following:
1.1 Coordinate activities related to the ERRIS such as the training of Saskatchewan officials on the use and function of the system and assign responsibility for carrying out those activities agreed to by the Parties;
1.2 Jointly review the ERRIS once a year, and propose improvements as necessary.
Canada will do the following:
1.3 Build, operate, modify and maintain the ERRIS to collect and store the information required to be reported under the WSER;
1.4 Provide Saskatchewan with training material for the ERRIS that outlines the requirements and specifications supporting the WSER reporting requirements;
1.5 Provide Saskatchewan with the ability to download the WSER information submitted by the WSER Regulated Community through the ERRIS; and
1.6 Provide secure handling, storage and real-time access by Environment Canada and Saskatchewan of information submitted to the ERRIS.
2. REGULATORY REPORTING USING THE ERRIS
Canada will provide the following through the ERRIS:
2.1 The use of the Environment Canada single window information management system as the point of access to the ERRIS for the establishment of ERRIS user accounts and user roles;
2.2. The online modules and associated interfaces necessary for the WSER Regulated Community to complete the identification report, as per section 18 of the WSER; to complete the monitoring reports, as per section 19 of the WSER; to complete the combined sewer overflow reports, as per section 20 of the WSER; to complete an application for a transitional authorization, as per section 25 and subsection 48(1) of the WSER; to complete an application for a temporary authorization to deposit un-ionized ammonia, as per section 35 and subsection 48(1) of the WSER; to complete an application for a temporary bypass authorization, as per section 44 and subsection 48(1) of the WSER; and
2.3 The ability for the Authorization Officer to generate reports stored within the ERRIS to assess compliance of the WSER Regulated Community with WSER requirements.
3. COSTS AND EXPENDITURES
3.1 Canada will be responsible for all costs of building, operating, modifying and maintaining the ERRIS modules that are or would be required for the collection of the information required to be reported under the WSER during the term of this Agreement.
3.2 Saskatchewan will be responsible for all costs related to the management of the WSER-related information collected through the ERRIS, once this information is downloaded to the Saskatchewan information management system.
TERMS OF REFERENCE FOR THE MANAGEMENT COMMITTEE FOR THE ADMINISTRATIVE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF SASKATCHEWAN REGARDING THE ADMINISTRATION OF THE WASTEWATER SYSTEMS EFFLUENT REGULATIONS
1.1. The Management Committee will be jointly chaired by a representative of the wastewater program of Environment Canada for Canada and by the Executive Director of the Environmental and Municipal Management Services Division of the Water Security Agency for Saskatchewan.
1.2. The Management Committee will include an equal number of representatives from Canada and Saskatchewan, and include one representative responsible for the ERRIS, one representative from the enforcement office of Environment Canada, one enforcement coordination representative from the Water Security Agency, and one representative from the Saskatchewan Ministry of Environment, appointed respectively by the Parties.
1.3. A Party may appoint alternates as per section 5.2 of this Annex.
1.4. Co-chairpersons, representatives and alternates will be considered members of the Management Committee.
The Management Committee is responsible for the following:
2.1 Overseeing the implementation of this Agreement;
2.2 Establishing all procedures required to effectively administer this Agreement, including, but not exclusively, those pertaining to cooperation on enforcement and those ensuring that all relevant information is requested and provided appropriately to meet the timing requirements of both Parties in accordance with this Agreement;
2.3 Facilitating the complete and timely exchange of information relevant to this Agreement in accordance with relevant sections of this Agreement;
2.4 Administering and adhering to the financial provisions of this Agreement;
2.5 Making recommendations to the Parties regarding any amendments to this Agreement that may be required;
2.6 Establishing a concerted approach to the communication of information to the public and responses to media inquiries regarding this Agreement;
2.7 Providing written recommendations to the Parties, taking into consideration the report referred to in section 8.2 of this Agreement, for any future potential Agreement; and
2.8 Resolving disputes which may arise between the Parties, as described in section 10 of this Agreement.
3. OPERATION OF THE COMMITTEE
3.1 The Management Committee may create joint federal-provincial working groups that report to the Management Committee to assist it in the effective implementation and management of this Agreement.
3.2 All decisions of the Management Committee will be made on a consensus basis.
3.3 Notwithstanding the expiry or termination of this Agreement, the Management Committee will have six months to complete its activities following the expiry or termination of this Agreement.
3.4 Canada will hold the secretariat function for the Management Committee.
3.5 The Management Committee is to record in writing all items discussed during its meetings and all decisions taken.
3.6 Within the two weeks following every Management Committee meeting, the Secretariat will prepare minutes and transmit these minutes to the members of the Management Committee.
4. PUBLIC COMMUNICATIONS
4.1 Where possible, public communications and media inquiries arising from the activities undertaken pursuant to this Agreement are to be coordinated by the co-chairpersons.
4.2 Where one co-chairperson responds to public communications and media inquiries without prior consultation with the other co-chairperson, the responding co-chairperson is to inform the other co-chairperson and other Committee members as soon as possible.
5.1 The Management Committee is to meet a minimum of two times per year to implement this Agreement, or upon the request of one of the Parties, at a place and time mutually agreed to by the co-chairpersons.
5.2 The Party who appointed the members to the Management Committee may authorize an alternate to replace a member at Management Committee meetings on an ad hoc basis.
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Two-year review of list of entities
Whereas subsection 83.05(9) (see footnote a) of the Criminal Code (see footnote b) requires the Minister of Public Safety and Emergency Preparedness to review the list established under subsection 83.05(1) (see footnote c) of that Act two years after its establishment, and every two years after that, to determine whether there are still reasonable grounds for an entity to remain a listed entity as set out in subsection 83.05(1) (see footnote d) of that Act;
Whereas, on July 23, 2014, 12 years had elapsed since the establishment of a list by the Regulations Establishing a List of Entities (see footnote e) pursuant to subsection 83.05(1) (see footnote f) of the Criminal Code (see footnote g);
And whereas, pursuant to subsection 83.05(9) (see footnote h) of the Criminal Code (see footnote i), the Minister of Public Safety and Emergency Preparedness has carried out the review of the list as it existed on July 23, 2014;
Therefore, notice is given, pursuant to subsection 83.05(10) (see footnote j) of the Criminal Code (see footnote k), that the Minister of Public Safety and Emergency Preparedness completed the review on November 20, 2014.
Minister of Public Safety and Emergency Preparedness
DEPARTMENT OF TRANSPORT
CANADA MARINE ACT
St. John’s Port Authority — Supplementary letters patent
BY THE MINISTER OF TRANSPORT
WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the St. John’s Port Authority (“Authority”), under the authority of the Canada Marine Act (“Act”), effective May 1, 1999;
WHEREAS Schedule B of the Authority’s letters patent sets out the federal real property managed by the Authority;
WHEREAS to reflect a transfer of administration between Transport Canada and Fisheries and Oceans Canada, the real property described below is required to be removed from Schedule B of the Authority’s letters patent;
WHEREAS, pursuant to subsection 9(1) of the Act, the Minister wishes to issue, on her own initiative, supplementary letters patent to the Authority to remove the real property described below from Schedule B of the letters patent of the Authority;
WHEREAS, pursuant to the same subsection of the Act, notice of the proposed amendment to the letters patent was given in writing to the board of directors of the Authority to which the Authority indicated that it supports the proposed amendment;
AND WHEREAS the Minister is satisfied that the amendments to the Authority’s letters patent are consistent with the Act;
NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent are amended as follows:
- 1. Schedule B of the letters patent is amended by removing from the section entitled “SOUTHSIDE MARGINAL WHARF” the text “on Plan S-4093, prepared by John Keith Renouf, Newfoundland Land Surveyor, as Parcel 98-1; and”.
- 2. Schedule B of the letters patent is amended by removing from the section entitled “SOUTHSIDE MARGINAL WHARF” the text “on Plan S-4093-1, prepared by John Keith Renouf, Newfoundland Land Surveyor, as Parcel 98-3; and”.
- 3. For clarity, Schedule B of the letters patent is amended by adding a heading entitled “EXCEPTIONS” before the text “SAVING AND EXCEPTING from the above areas the following pieces or parcels of land:”.
- 4. Schedule B of the letters patent is amended by removing the entirety of the section which begins with the text “AND all that piece or parcel of land outlined on Plan S-2015” and replacing it with the following text:
- AND all that piece or parcel of land described as Parcel 2013-3 on Public Works and Government Services Canada Plan S-5804, dated 23 July 2013, revised 29 November 2013 and signed by Ernest Green, Newfoundland Land Surveyor.
- 5. Schedule B of the letters patent is amended by adding the following to the end of the section entitled “PLAN 100660-3”:
- SAVING AND EXCEPTING from the above area the following piece or parcel of land:
- All that piece or parcel of land described as Parcel 2013-7 on Public Works and Government Services Canada Plan S-5804, dated 23 July 2013, revised 29 November 2013 and signed by Ernest Green, Newfoundland Land Surveyor.
- 6. These letters patent take effect at the effective date of the Transfer and Acceptance of Administration Between Ministers of Federal Real Property relating to the above-noted properties.
ISSUED this 16th day of December, 2014.
The Honourable Lisa Raitt, P.C., M.P.
Minister of Transport
- Footnote a
S.C. 2005, c. 10, s. 18(3)
- Footnote b
R.S., c. C-46
- Footnote c
S.C. 2005, c. 10, subpar. 34(1)(f)(iii)
- Footnote d
S.C. 2005, c. 10, subpar. 34(1)(f)(iii)
- Footnote e
- Footnote f
S.C. 2005, c. 10, subpar. 34(1)(f)(iii)
- Footnote g
R.S., c. C-46
- Footnote h
S.C. 2005, c. 10, s. 18(3)
- Footnote i
R.S., c. C-46
- Footnote j
S.C. 2005, c. 10, s. 18(3)
- Footnote k
R.S., c. C-46