Canada Gazette, Part I, Volume 148, Number 46: GOVERNMENT NOTICES
November 15, 2014
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
STRENGTHENING CANADIAN CITIZENSHIP ACT
Notice requesting comments on a proposal to amend the Citizenship Regulations to implement certain provisions of the Citizenship Act, as amended by the Strengthening Canadian Citizenship Act
Summary
Notice is hereby given that Citizenship and Immigration Canada (CIC) is seeking written comments from all interested parties on a proposal to amend the Citizenship Regulations to implement the revocation provisions of the Citizenship Act, as amended by the Strengthening Canadian Citizenship Act (SCCA).
Background
On June 19, 2014, Bill C-24, the SCCA, which is the first comprehensive reform to the Citizenship Act since 1977, received royal assent. The Bill includes measures to
- increase efficiency of the citizenship program to improve application processing and help qualified applicants acquire citizenship faster;
- reinforce the value of citizenship by strengthening the requirements and deterring citizenship of convenience;
- improve the tools to maintain program integrity and combat fraud; and
- protect and promote Canada's interests and values by honouring those who serve Canada.
This legislation stemmed from several government commitments, including the March 2010 Speech from the Throne, which indicated that legislation would be introduced to streamline the revocation of citizenship and to take steps against consultants who seek to defraud the system. Building on this undertaking, the 2013 Speech from the Throne promised a comprehensive reform of the Citizenship Act. The SCCA fulfills these commitments.
On royal assent and on August 1, 2014, certain provisions of the Citizenship Act, as amended by the SCCA, came into force, including provisions to streamline decision making on applications for grants of citizenship with the objective of reducing processing times. Preparations are underway to support the implementation of the revocation provisions of the Citizenship Act, as amended by the SCCA, which aim to reinforce the values of citizenship and better protect the safety and security of Canadians. The revocation provisions include new expanded grounds for revocation of Canadian citizenship and establish a streamlined decision-making process. The new grounds will provide authority to revoke citizenship from dual citizens who have served as a member of an armed force or organized armed group engaged in armed conflict with Canada and those convicted of terrorism, high treason, treason or spying, depending on the sentence imposed.
Under the provisions regarding the streamlined decision-making process, decisions to revoke Canadian citizenship will be made by the Minister of Citizenship and Immigration or the Federal Court, depending on the ground for revocation. The Minister will decide on revocation cases involving the convictions listed above and most cases involving fraud. Cases to be decided by the Federal Court would be those cases of fraud involving concerns related to security, organized criminality, war crimes and crimes against humanity, and also cases involving membership in an armed force or organized armed group engaged in armed conflict with Canada, given that such cases raise complex issues of fact and law. In revocation cases based on fraud decided by the Federal Court, the Court could also be asked to make a finding of inadmissibility. This would allow for a removal order to be issued earlier in the process.
Description
The purpose of this Notice of Intent is to signal an intention to amend the Citizenship Regulations in order to implement the revocation provisions of the Citizenship Act, as amended by the SCCA.
In revocation proceedings where the Minister is the decision-maker, the Citizenship Act, as amended by the SCCA, provides that an oral hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that an oral hearing is required. Authority is also given to the Governor in Council (GIC) to make regulations to prescribe factors for the Minister to consider in deciding whether an oral hearing is required in a particular case.
Therefore, the objective of the proposed regulations is to prescribe the factors to consider in deciding whether an oral hearing is required when the Minister of Citizenship and Immigration is the decision-maker. These factors could include (1) an issue regarding credibility resulting from the evidence; (2) a person's inability to make a written submission; or (3) whether the ground for revocation is based on a foreign conviction.
Comments
This Notice of Intent is an opportunity for the public to provide comments and input into the proposed regulatory amendments described above before the regulations are published in the Canada Gazette, Part II.
Anyone may, within 10 days of the publication of this notice, provide comments on this Notice of Intent, in writing, to the person named below at the address provided.
Questions and requests for additional information, as well as comments on this Notice of Intent, may be directed to Himmat Shinhat, Director, Legislation and Program Policy, Citizenship and Immigration Canada, 180 Kent Street, 6th Floor, Ottawa, Ontario K1A 1L1, 613-991-2485 (fax), Citizenship-Citoyennete@cic.gc.ca (email).
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DEPARTMENT OF THE ENVIRONMENT
FISHERIES ACT
Agreement on the Equivalency of Laws Applicable to Wastewater Systems Located in Yukon
Notice is hereby given that the Minister of the Environment has concluded with Yukon the annexed Agreement entitled “Agreement on the Equivalency of Laws Applicable to Wastewater Systems Located in Yukon.” The Minister of the Environment is publishing this Agreement further to subsection 4.1(4) of the Fisheries Act. The English version of this Agreement is the only official version.
For further information, please contact James Arnott, Wastewater Program, Department of the Environment, 351 Saint-Joseph Boulevard, Gatineau, Quebec K1A 0H3, ww-eu@ec.gc.ca (email).
Ottawa, October 23, 2014
LEONA AGLUKKAQ
Minister of the Environment
AGREEMENT ON THE EQUIVALENCY OF LAWS APPLICABLE TO WASTEWATER SYSTEMS LOCATED IN YUKON
BETWEEN
THE GOVERNMENT OF CANADA AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT (“CANADA”)
AND
THE GOVERNMENT OF YUKON AS REPRESENTED BY THE MINISTER OF ENVIRONMENT (“YUKON”)
Throughout this Agreement, “Parties” means Canada and Yukon collectively, and “Party” means Canada, or Yukon, individually.
WHEREAS Canada and Yukon are signatories to the Canadian Council of Ministers of the Environment (CCME) Canada-wide Strategy for the Management of Municipal Wastewater Effluent (CCME Strategy) that includes national performance standards for effluent quality from wastewater systems that discharge wastewater effluent to surface water and establishes a one-window approach to governance;
AND WHEREAS reducing the risks associated with wastewater effluent is a matter of importance to the Parties;
AND WHEREAS Yukon promulgated the Waters Regulation (O.I.C. 2003/58) made under the Yukon Waters Act (S.Y. 2003, c. 19);
AND WHEREAS Canada has published the Wastewater Systems Effluent Regulations (SOR/2012-139) under subsection 36(5) of the Fisheries Act (R.S.C. 1985, c. F-14) as one of the federal government's commitments to implement the CCME Strategy;
AND WHEREAS the Parties recognize that there is a benefit to adopting a cooperative and harmonized approach to avoid administrative duplication resulting from comparable legislation in the wastewater sector, and that there is a need to specify the procedures of this approach in an agreement;
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 (SI/2014-21) allow the Minister of the Environment to enter into agreements with a province or territory to further the purposes of the Act, including facilitating joint action in areas of common interest, reducing overlap and harmonizing respective programs;
AND WHEREAS pursuant to section 4.1 of the Fisheries Act such agreements may establish the circumstances and manner in which the province or territory is to provide information on the administration and enforcement of a provision of its laws that the agreement provides is equivalent in effect to a provision of the regulations;
AND WHEREAS pursuant to subsection 4.2(1) of the Fisheries Act where an agreement entered into under section 4.1 provides that there is in force a provision under the laws of the province or territory that is equivalent in effect to a provision of the regulations made under the Fisheries Act, the Governor in Council may by order (Order) declare that certain provisions of the Act or the regulations do not apply in the province or territory with respect to those provisions;
AND WHEREAS the Waters Act (S.Y. 2003, c. 19) and the Waters Regulation (O.I.C. 2003/58) and licences issued pursuant to the Waters Act impose obligations having the force of law, with requirements for the deposit of deleterious substances that are at least as stringent as those in the Wastewater Systems Effluent Regulations, and the Waters Act prescribes penalties for non-compliance;
AND WHEREAS section 4.3 of the Fisheries Act requires the Minister to report annually to Parliament on the administration of sections 4.1 and 4.2 of the Act;
AND WHEREAS the Minister of Environment has the authority under the Government Organization Act, R.S.Y. 2002, c. 105, to enter into agreements with the Government of Canada on behalf of the Government of Yukon;
AND WHEREAS the Parties wish to enter into this Agreement on the Equivalency of Laws Applicable to Wastewater Systems Located in Yukon (Agreement) regarding Canada's Wastewater Systems Effluent Regulations;
NOW THEREFORE, the Parties agree
(1) PURPOSE
The purpose of this Agreement is to provide that provisions in the laws of Yukon are equivalent in effect to provisions of the Wastewater Systems Effluent Regulations for those Wastewater Systems covered by both sets of provisions, to establish that the Parties agree to share information respecting this Agreement, and to establish the circumstances and manner in which Yukon is to provide information on the administration and enforcement of its Waters Act and Waters Regulation to Canada.
(2) DEFINITIONS
- (a) “Wastewater Systems Effluent Regulations” 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 amended from time to time. They are referred to as the “WSER” throughout this Agreement.
- (b) “Fisheries Act” means the federal Fisheries Act (R.S.C. 1985, c. F-14), as amended from time to time.
- (c) “Licence” means a type A licence permitting the use of waters or the deposit of waste, or both, issued to the owner of a Wastewater System by the Yukon Water Board pursuant to section 12 of the Waters Act and which has not been cancelled or expired.
- (d) “Wastewater System” means a wastewater system in Yukon, as defined in the WSER, which meets the application criteria as set out in section 2 of those Regulations, and in respect of which a Licence has been issued.
- (e) “Waters Act” means the Waters Act (S.Y. 2003, c. 19) as amended from time to time.
- (f) “Waters Regulation” means the Waters Regulation (O.I.C. 2003/58) made under the Waters Act, as amended from time to time.
- (g) “Waters Act Inspector Manual” refers to the Yukon Environment Waters Act Inspector Manual, as amended from time to time, which includes the Enforcement and Compliance Policy.
- (h) “Yukon Water Board” refers to the Yukon Water Board established pursuant to section 8 of the Waters Act.
(3) EQUIVALENCY
- (a) Provisions in the laws of Yukon, specifically provisions in the Waters Act and the Waters Regulation are equivalent in effect to the WSER for the purposes of subsection 4.2 of the Fisheries Act based on the following:
- (i) In force under the laws of the territory:
- (1) Licences issued by the Yukon Water Board to regulate water use and the deposit of waste to water are issued under the authority of the Waters Act and the Waters Regulation and include legally enforceable compliance requirements governing water use and deposits of waste to water.
- (ii) Territorial requirements apply to all Wastewater Systems within the territory:
- (1) The Waters Regulation licensing requirements for the deposit of waste apply to Wastewater Systems that are designed to collect, or do collect, an average daily volume of 100 cubic metres (m3) [100,000 litres] or more of influent and that deposit a prescribed deleterious substance into water frequented by fish or a place referred to in subsection 36(3) of the Fisheries Act.
- (2) At the time of the signing of this Agreement, there are three Wastewater Systems in Yukon that require and have the requisite Licence duly issued by the Yukon Water Board (Whitehorse, Dawson and Haines Junction). Pursuant to Yukon's provisions, additional wastewater systems in Yukon that meet the WSER application criteria over time would have to meet the WSER effluent quality standards in effect at the time and operate under a Licence duly issued by the Yukon Water Board.
- (iii) Territorial requirements include effluent related standards equivalent in effect to those of the WSER:
- (1) The Waters Act prevents the Yukon Water Board from including in a Licence any conditions relating to the deposit of waste in waters that are less stringent than the provisions of regulations made under subsection 36(5) of the Fisheries Act (Canada) where those regulations apply to those waters. Pursuant to this provision, the Yukon Water Board must ensure that all the conditions in the Licences it issues for Wastewater Systems in Yukon respect the conditions for depositing the prescribed deleterious substances in those Regulations.
- (2) The Licences issued to the three Wastewater Systems by the Yukon Water Board at the time of the signing of this Agreement incorporate effluent quality standards for the deleterious substances prescribed in the WSER that are more stringent than those in the WSER. The three Wastewater Systems are currently required to comply with those prescribed standards, in advance of the timelines for achieving the effluent quality standards set in the WSER.
- (3) The Licences issued by the Yukon Water Board for the three Wastewater Systems include monitoring, analytical and reporting requirements that are at least as stringent as those in the WSER, and require the same laboratory accreditation standard.
- (4) The Waters Regulation specifies that licensees must maintain accurate and detailed books and records, as well as submit an annual report to the Board including the quantity, concentration, and type of any waste deposited under the Licence. The Waters Regulation also requires the Yukon Water Board to retain, in a public register, copies of all documents submitted in relation to a Licence.
- (iv) There are territorial sanctions in place for noncompliance and policies for their administration:
- (1) The Waters Act includes penalty provisions as well as compliance and enforcement measures. It allows the Minister of Environment to designate inspectors and analysts for the purposes of ensuring compliance with the Waters Act, the Waters Regulation, and water use Licences. The Waters Act also sets out powers of inspectors related to enforcement and establishes penalties for failure to comply with provisions under the Waters Act related to the deposit of waste as well as for failure to comply with conditions set under a Licence. There are also requirements relating to spills and their remediation under the Environment Act (R.S.Y. 2002, c. 76).
- (2) The Waters Act Enforcement and Compliance Policy is a public document containing a clear commitment on the part of Yukon to apply and enforce the Waters Act, and to do so in a fair, consistent and predictable manner. The Waters Act Inspector Manual outlines the powers and duties of inspectors and detailed procedures for the exercise of those powers and duties.
- (i) In force under the laws of the territory:
(4) INFORMATION-SHARING
- (a) The Parties will share information with each other respecting this Agreement, and permit the other to use such information, in order to meet each Minister's respective reporting obligations to Parliament and the Yukon Legislature.
- (b) Yukon will provide to Canada, and permit Canada to use for its purposes:
- (i) annual reports on the administration and enforcement of the provisions applicable to Wastewater Systems, on or before May 30 of each year for the duration of the Agreement, to include the information outlined below with respect to the previous calendar year:
- (1) the number of owners/operators of Wastewater Systems that are submitting required reports on time.
- (2) the number of Wastewater Systems that are in compliance with the effluent quality requirements in Yukon.
- (3) the average carbonaceous biochemical oxygen demanding matter (CBOD) and suspended solids (SS) concentrations in the effluent deposited, and the total flow of effluent deposited, by each Wastewater System, according to the applicable measurement frequencies in Yukon.
- (4) the number of compliance verification and enforcement activities undertaken with respect to Wastewater Systems, including inspections, audits, investigations, oral and written warnings, notices of non-compliance, inspectors' directions, and prosecutions.
- (ii) written notification of relevant proposed and actual amendments to the Waters Act, Waters Regulation, and municipal water use Licences issued under the Waters Act for Wastewater Systems.
- (iii) lists of any additional Wastewater Systems that do not meet the WSER application criteria at the time of the signing of this Agreement.
- (i) annual reports on the administration and enforcement of the provisions applicable to Wastewater Systems, on or before May 30 of each year for the duration of the Agreement, to include the information outlined below with respect to the previous calendar year:
- (c) Canada will provide to Yukon written notification of relevant proposed and actual amendments to the Fisheries Act and the WSER as well as any other statutory and/or regulatory provisions relevant to this Agreement.
- (d) Any information gathered by or exchanged between the Parties for the purpose of complying with this Agreement shall be subject to the Parties' respective access to information, privacy and other relevant legislation, as amended from time to time.
- (e) The points of contact for the purposes of information exchange and administration of this Agreement will be:
For Canada: | For Yukon: |
---|---|
Manager, Wastewater Program Industrial Sectors Directorate Environment Canada |
Director, Water Resources Branch Yukon Environment |
(5) EXECUTION, AMENDMENT, REVIEW AND TERMINATION
- (a) This Agreement may be signed in several counterparts and each counterpart shall constitute an original document; these counterparts taken together shall constitute one and the same Agreement. The Parties agree that executed counterparts may be transmitted by facsimile machine or by electronic means (PDF format) and that such counterparts shall be treated as originally executed instruments. Each Party undertakes to provide the other Party with a copy of the original Agreement bearing actual original signatures within a reasonable period of time following execution of this Agreement.
- (b) This Agreement shall be effective upon signature of the Agreement by both Parties.
- (c) A review of this Agreement will be completed no later than five (5) years following the effective date of this Agreement and before the end of each subsequent five-year period for the duration of the Agreement. The Parties may agree to conduct joint reviews of the Agreement. A report of the review will be made available to both Parties.
- (d) This Agreement may be amended from time to time by mutual written agreement of the federal Minister of the Environment and the Yukon Minister of Environment.
- (e) This Agreement may be terminated:
- (i) by either Party, upon giving at least six (6) months' written notice of termination to the other Party, or
- (ii) by the Parties, upon mutual consent.
- (f) Upon termination of this Agreement, the Order will cease to have effect pursuant to subsection 4.2(5) of the Fisheries Act, and the Wastewater Systems Effluent Regulations will apply in Yukon.
- (g) This Agreement shall be terminated, if pursuant to subsection 4.2(3) of the Fisheries Act, the Governor in Council revokes the Order. The effective date of termination in this instance shall be the date of revocation of the Order.
- (h) The Parties have agreed to prepare this Agreement in the English language.
(6) COMPLIANCE WITH LAW
- (a) Nothing in this Agreement alters the legislative or other authorities of each of the Parties with respect to the exercise of their legislative or other authorities under the Constitution of Canada and the Yukon Act. The Parties further acknowledge that this Agreement is without prejudice to the position of either Party regarding legislative jurisdiction with respect to the regulation of wastewater.
- (b) The Parties acknowledge that this Agreement is governed by the applicable laws of Canada and Yukon.
IN WITNESS WHEREOF, this Agreement is signed for Canada, by the Minister of the Environment and for Yukon, by the Minister of Environment:
October 23, 2014
GOVERNMENT OF CANADA
HON. LEONA AGLUKKAQ
Minister of the Environment
October 29, 2014
GOVERNMENT OF YUKON
HON. CURRIE DIXON
Minister of Environment
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DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Name and position | Order in Council |
---|---|
Auditor General of Canada | 2014-1231 |
Auditor | |
|
|
Citizenship Act | |
Citizenship judges | |
|
2014-1176 |
|
2014-1177 |
Fecteau, Louise | 2014-1213 |
Canada Industrial Relations Board | |
|
|
Fréchette, Serge | 2014-1218 |
Canadian International Trade Tribunal | |
|
|
Immigration and Refugee Board of Canada | |
Full-time members | |
|
2014-1184 |
|
2014-1178 |
|
2014-1182 |
|
2014-1183 |
|
2014-1180 |
|
2014-1179 |
|
2014-1185 |
|
2014-1181 |
Kean, Dana | 2014-1188 |
Veterans Review and Appeal Board | |
|
|
MacLean, Leslie | 2014-1150 |
Associate Deputy Minister of Fisheries and Oceans | |
McGrath, Hubert Patrick | 2014-1198 |
National Seniors Council | |
|
|
Monnin, The Hon. Michel A. | 2014-1162 |
Government of Manitoba | |
|
|
|
|
Natural Sciences and Engineering Research Council | |
Members | |
|
2014-1216 |
|
2014-1215 |
Natynczyk, Walter | 2014-1148 |
Deputy Minister of Veterans Affairs | |
Port Authority | |
Directors | |
|
2014-1220 |
|
2014-1224 |
|
2014-1230 |
|
2014-1221 |
|
2014-1222 |
|
2014-1229 |
|
2014-1152 |
|
2014-1151 |
Public Sector Pension Investment Board | |
Chairperson | |
|
2014-1186 |
Director | |
|
2014-1187 |
Public Service Labour Relations and Employment Board | |
Full-time members | |
|
2014-1192 |
|
2014-1193 |
|
2014-1194 |
|
2014-1195 |
|
2014-1197 |
|
2014-1196 |
Vice-chairpersons | |
|
2014-1190 |
|
2014-1191 |
Ranger, Allan John | 2014-1223 |
Pacific Pilotage Authority | |
|
|
Sargent, Timothy | 2014-1149 |
Associate Deputy Minister of Finance | |
Scott, Lois | 2014-1214 |
National Research Council of Canada | |
|
|
Scott, Wesley (Wes) | 2014-1219 |
Bank of Canada | |
|
|
Sharfe, Cheryl | 2014-1189 |
Canada Council for the Arts | |
|
|
Social Security Tribunal | |
Income Security Section | |
|
|
|
2014-1203 |
|
2014-1205 |
|
2014-1210 |
|
2014-1201 |
|
2014-1211 |
|
2014-1206 |
|
2014-1208 |
|
2014-1204 |
|
2014-1199 |
|
2014-1202 |
|
2014-1209 |
|
2014-1200 |
|
2014-1212 |
|
2014-1207 |
Transportation Appeal Tribunal of Canada | |
Part-time members | |
|
2014-1228 |
|
2014-1226 |
|
2014-1227 |
|
2014-1225 |
Watters, Carolyn | 2014-1217 |
Social Sciences and Humanities Research Council | |
|
|
Welsh, The Hon. B. Gale | 2014-1134 |
Government of Newfoundland and Labrador | |
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|
November 6, 2014
DIANE BÉLANGER
Official Documents Registrar
[46-1-o]
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Royal Canadian Mounted Police as fingerprint examiners:
- Annie Labbé
- Hélène Simard
Ottawa, October 27, 2014
KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch
[46-1-o]
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Royal Newfoundland Constabulary as fingerprint examiners:
- Cynthia Crocker
- Michael Ghaney
- Alexandra H. Harvey
- Mitchell Rumbolt
Ottawa, October 27, 2014
KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch
[46-1-o]
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Revocation of designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the Abbotsford Police Department as a fingerprint examiner:
Don McKenzie
Ottawa, October 27, 2014
KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch
[46-1-o]
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Revocation of designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following persons of the Calgary Police Service as fingerprint examiners:
- Steven Dueck
- Robert James Edwards
Ottawa, October 27, 2014
KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch
[46-1-o]
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Revocation of designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the Royal Canadian Mounted Police as a fingerprint examiner:
- Yves Gagné
Ottawa, October 27, 2014
KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch
[46-1-o]
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Revocation of designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following persons of the Royal Newfoundland Constabulary as fingerprint examiners:
- Brad Butler
- Wayne Harnum
Ottawa, October 27, 2014
KATHY THOMPSON
Assistant Deputy Minister
Community Safety and Countering Crime Branch
[46-1-o]
NOTICE OF VACANCY
CANADIAN TRANSPORTATION AGENCY
Chairperson and Member (full-time position)
Salary range: $262,600–$308,900
Location: National Capital Region
The Canadian Transportation Agency is an independent, adjudicative tribunal that makes decisions on a wide range of economic matters involving federally regulated modes of transportation (air, rail and marine) and has the powers, rights and privileges of a superior court to exercise its authority. Along with its roles as an economic regulator and an aeronautical authority, the Agency is responsible for removing undue obstacles to the mobility of persons with disabilities travelling in the national transportation network, and for resolving disputes involving a broad range of commercial and service matters, as provided for in the Canada Transportation Act.
The Chairperson and Member of the Agency fulfills three roles, each with distinct but equally important responsibilities. As the Chairperson and Member, he or she assigns work to the Agency's members and oversees the provision of fair administrative decisions, regulatory interventions, and the mediation of disputes relating to the federal transportation system. As the head of the Agency, the Chairperson and Member leads and manages the organization and its administration, staff, and budget resources, and as an Agency Member, the Chairperson adjudicates and makes determinations regarding economic regulatory matters.
The ideal candidate would have a degree from a recognized university in the field of transportation, economics, law, public administration, business administration, commerce or political science, or an acceptable combination of education, job-related training and/or experience.
The ideal candidate would have significant management experience at the senior executive level in a complex private or public sector organization, including managing financial and human resources. In particular, experience as a chairperson, deputy head, deputy minister or chief executive officer would be considered an asset. Demonstrated decision-making experience at a senior level with respect to complex and sensitive issues is desired. He or she would have experience dealing with Government, preferably with senior government officials. Furthermore, the candidate would have experience in the development and/or implementation of policy, performance standards and operational procedures. Experience working in a regulated industry, in the field of transportation (i.e. air, rail and marine transportation), in administrative law and/or with adjudicative tribunals or economic regulators would be considered an asset.
The ideal candidate would possess knowledge of the mandate and role of the Canadian Transportation Agency, including its adjudicative, administrative, dispute resolution and regulatory functions. Knowledge of the federally regulated transportation industry, its structure, performance characteristics and economic impact, as well as trends, issues and developments related to the industry, is sought. This candidate would be knowledgeable about economic, financial and management concepts and how they pertain to regulatory activities and to the analysis of transportation issues. Knowledge of the operations of Government, including those related to sound management principles, accountability and transparency, as well as knowledge of the interpretation and application of legislation, regulations and policies in a decision-making environment, is desired.
The ideal candidate would possess excellent managerial and leadership skills, including the ability to manage significant change and conflicting priorities. The ability to analyze differing opinions and complex situations with a view to making decisions that are fair and equitable is sought. In addition, he or she would possess the ability to foster debate and discussion among Agency members and facilitate consensus, as well as manage conflicts, should they arise. The candidate would also have the ability to develop effective working relationships with the Minister and government officials, while maintaining the degree of independence required of an adjudicative tribunal. Superior communication skills, both written and oral, are desired.
To achieve the Agency's objectives and carry out its mandate, the Chairperson and Member would possess sound judgment and superior interpersonal skills. A person of integrity, he or she would also possess high ethical standards, tact and diplomacy, and would be impartial and fair.
Proficiency in both official languages would be preferred.
The successful candidate must reside in or be willing to relocate to the National Capital Region or to a location within reasonable commuting distance, as well as travel to hearings and for meetings with stakeholders.
The Chairperson and Member shall not, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, be engaged in a transportation undertaking or business. Moreover, the Chairperson and Member shall not have an interest in a transportation undertaking or business or an interest in the manufacture or distribution of transportation plant or equipment, unless the distribution is merely incidental to the general merchandising of goods.
The Chairperson and Member must be a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act.
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 selected candidate must comply with the Ethical and Political Activity Guidelines for Public Office Holders. The Guidelines are available on the Governor in Council Appointments Web site, under “Reference Material,” at www.appointments-nominations.gc.ca/index.asp?lang=eng.
The selected candidate will be subject to the Conflict of Interest Act. Public office holders appointed on a full-time basis must submit to the Office of the Conflict of Interest and Ethics Commissioner, within 60 days of appointment, a confidential report in which they disclose all of their assets, liabilities and outside activities. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner's Web site at http://ciec-ccie.gc.ca/Default.aspx?pid=1&lang=en.
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 organization and its activities can be found on its Web site at www.otc-cta.gc.ca.
Interested candidates should forward their curriculum vitae by December 1, 2014, to the Acting 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@pco-bcp.gc.ca (email).
English and French notices of vacancies will be produced in an alternative format upon request. For further information, please contact GICA-NGEC@pco-bcp.gc.ca.
[46-1-o]
NOTICE OF VACANCY
OFFICE OF THE EXTRACTIVE SECTOR CORPORATE SOCIAL RESPONSIBILITY COUNSELLOR
Extractive Sector Corporate Social Responsibility (CSR) Counsellor (full-time position)
Salary range: $152,000–$178,800
Location: Toronto or the National Capital Region
The Extractive Sector Corporate Social Responsibility (CSR) Counsellor (Counsellor) is the primary representative of the Office of the Extractive Sector CSR Counsellor (Office), which is an integral element of the Government of Canada's CSR Strategy for the Canadian International Extractive Sector (CSR Strategy). The mandate of the Counsellor is to review the CSR practices of Canadian extractive sector companies operating outside Canada and to advise stakeholders on the implementation of the performance guidelines. To fulfill this mandate, the Counsellor promotes internationally recognized guidelines and assists with the implementation of policies based on these guidelines and on principles of responsible business conduct. The Counsellor actively communicates Government of Canada expectations regarding responsible business conduct, including implementation of the CSR performance standards endorsed by the Government of Canada. The Counsellor will act as a resource who can be drawn upon to reduce and constructively resolve conflict between project-affected communities and Canadian extractive sector companies outside Canada. The Counsellor, who will be administratively accountable to the Deputy Minister for International Trade, will report on the activities of the Office on an annual basis to the Minister for International Trade.
The Counsellor will work with industry and other stakeholders, and through Canada's network of diplomatic and trade offices, to share practical information on integrating responsible business practices into business and operational functions and will help to foster networks and partnerships. To assist with the constructive resolution of CSR-related disputes between Canadian mining, oil and gas companies and project-affected stakeholders outside Canada, the Counsellor, at an early stage, will identify possible options to remedy contentious issues before moving to formal mediation. The Counsellor will emphasize direct company–community dialogue, act as a helpful broker, and facilitate evaluation of the issues together with the community and the company. The Counsellor will act as a neutral, impartial party who facilitates dialogue on issues related to responsible business practices within the extractive sector.
The ideal candidate would possess a degree from a recognized university in a relevant discipline or a combination of equivalent education, job-related training and experience. He or she would possess senior level experience, including the management of financial and human resources, as well as experience in developing and maintaining productive partnerships among stakeholders from a variety of backgrounds. Experience in facilitation, mediation, or in managing complaints involving third parties, experience working in or with the extractive sector and experience in dealing with senior officials in both the Government and the private sector are also desired. Experience working in or with non-governmental organizations would be considered an asset.
In addition to possessing knowledge of the Government of Canada's corporate social responsibility (CSR) policy, the ideal candidate would have a solid understanding of the challenges faced by the Canadian extractive sector in resource-rich countries, including social and environmental issues. The ideal candidate would have knowledge of current CSR trends, best practices and of the operations of Government, particularly the mandates of Foreign Affairs, Trade and Development Canada and Natural Resources Canada.
The ideal candidate would possess the ability to provide leadership and the strategic direction required for the Office of the Extractive Sector CSR Counsellor to uphold its mandate and attain its objectives and the ability to interact constructively and credibly with a variety of stakeholders such as local communities, public institutions, governments, and other organizations. The ideal candidate would have the ability to develop effective working relationships with the Minister, the Minister's office, the Deputy Minister and senior government officials as well as the ability to apply analytical, interpretative and evaluative thinking to situations and to anticipate the short- and long-term consequences of his or her strategies. Superior communications skills, both written and oral, and the ability to manage communications with a variety of stakeholders are also desired.
The ideal candidate would possess superior interpersonal skills and strong intercultural competencies, and be an individual of high ethical standards and integrity. He or she would also act with tact and discretion and be flexible and resilient.
Proficiency in both official languages would be preferred, and proficiency in additional languages would be considered an asset.
The successful candidate must be prepared to relocate to Toronto, Ontario, or the National Capital Region or to a location within reasonable commuting distance of either location and must be prepared to travel frequently within Canada and abroad.
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 selected candidate must comply with the Ethical and Political Activity Guidelines for Public Office Holders. The Guidelines are available on the Governor in Council Appointments Web site, under “Reference Material,” at www.appointments-nominations.gc.ca/index.asp?lang=eng.
The selected candidate will be subject to the Conflict of Interest Act. Public office holders appointed on a full-time basis must submit to the Office of the Conflict of Interest and Ethics Commissioner, within 60 days of appointment, a confidential report in which they disclose all of their assets, liabilities and outside activities. For more information, please visit the Office of the Conflict of Interest and Ethics Commissioner's Web site at http://ciec-ccie.gc.ca/Default.aspx?pid=1&lang=en.
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 Office and its activities can be found on the Foreign Affairs, Trade and Development Canada Web site at http://www.international.gc.ca/csr_counsellor-conseiller_rse/index.aspx?lang=eng.
Interested candidates should forward their curriculum vitae by December 1, 2014, 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@pco-bcp.gc.ca (email).
English and French notices of vacancies will be produced in an alternative format upon request. For further information, please contact GICA-NGEC@pco-bcp.gc.ca.
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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS
BANK ACT
China Construction Bank Corporation — Order to commence and carry on business in Canada
Notice is hereby given of the issuance, pursuant to subsection 534(1) of the Bank Act, of an order authorizing a foreign bank, China Construction Bank Corporation, to commence and carry on business in Canada under the name, in English, China Construction Bank Toronto Branch and, in French, Banque de construction de Chine succursale de Toronto, effective October 29, 2014.
October 30, 2014
JEREMY RUDIN
Superintendent of Financial Institutions
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