Canada Gazette, Part I, Volume 154, Number 7: GOVERNMENT NOTICES

February 15, 2020

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

• Court of Queen’s Bench of New Brunswick, Family Division
  • Judge
• Court of Appeal of New Brunswick
  • Judge ex officio
    • Colford, Krista L., Q.C., Order in Council 2020-23
• Federal Court
  • Judge
• Federal Court of Appeal
  • Judge ex officio
    • Pallota, Christine, Order in Council 2020-16
• Her Majesty’s Court of Queen’s Bench for Saskatchewan
  • Judge
    • Bardai, Naheed, Order in Council 2020-24
• Immigration and Refugee Board (Toronto Regional Office)
  • Full-time member
    • Anderson, Colin Douglas, Order in Council 2020-14
• Superior Court of Justice of Ontario
  • Judges
• Court of Appeal for Ontario
  • Judges ex officio
    • Cullin, Kathleen Erin, Order in Council 2020-20
    • Czutrin, The Hon. George, Order in Council 2020-17
    • Pinto, Andrew, Order in Council 2020-19
• Superior Court of Justice of Ontario for the Toronto Region
  • Regional Senior Judge
• Court of Appeal for Ontario
  • Judge ex officio
    • Firestone, The Hon. Stephen E., Order in Council 2020-18
• Superior Court of Quebec for the district of Québec
  • Puisne Judge
    • Bonsaint, Nancy, Order in Council 2020-22

February 6, 2020

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Senators called

Her Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada bearing the date of January 30, 2020:

• Cotter, William Brent, Q.C., of Saskatoon, in the Province of Saskatchewan, member of the Senate and a Senator for the Province of Saskatchewan;
• Keating, Judith, Q.C., of Fredericton, in the Province of New Brunswick, member of the Senate and a Senator for the Province of New Brunswick.

February 7, 2020

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF INDUSTRY

INVESTMENT CANADA ACT

Amounts for the year 2020

Limits for World Trade Organization investors

Pursuant to subsections 14.1(1) and (2) of the Investment Canada Act, I hereby determine that the amount for the year 2020, equal to or above which an investment is reviewable, is 1.075 billion dollars.

Limits for World Trade Organization investors that are state-owned enterprises

Pursuant to subsections 14.1(1.1) and (2) of the Investment Canada Act, I hereby determine that the amount for the year 2020, equal to or above which an investment is reviewable, is 428 million dollars.

Limits for trade agreement investors

Pursuant to subsections 14.11(1), (2) and (3) of the Investment Canada Act, I hereby determine that the amount for the year 2020, equal to or above which an investment is reviewable, is 1.613 billion dollars.

Navdeep Bains
Minister of Industry

DEPARTMENT OF JUSTICE

STATUTES REPEAL ACT

List of repeals

Notice is given, pursuant to section 4 of the Statutes Repeal Act, chapter 20 of the Statutes of Canada, 2008, that the following provision was repealed on December 31, 2019, by the operation of section 3 of that Act.

January 29, 2020

David Lametti
Minister of Justice and Attorney General of Canada

SCHEDULE

• 1. An Act to amend the Customs Act, S.C. 2009, c. 10, section 5

DEPARTMENT OF TRANSPORT

Notice to interested parties — Electronic shipping document study for dangerous goods shipments

This notice is to inform stakeholders that Transport Canada (TC) has launched a regulatory sandbox project on electronic shipping documents. The intent of this project is to evaluate the feasibility of permitting electronic shipping documents (e-shipping documents) as an alternative to physical paper shipping documents in the Transportation of Dangerous Goods Regulations (TDGR).

What is a regulatory sandbox?

The term “regulatory sandbox” refers to testing grounds for new business models. It allows firms to test innovative products, services, and business models in a live market environment, while ensuring that appropriate safeguards are in place. ^{footnote 1}

Drivers for change

As the transportation sector continues to evolve in line with technological advancements, TC is undertaking a concerted effort to modernize the framework of the TDGR. This transformation process will increase Canada’s competitiveness and foster innovation, while maintaining the safety of Canadians.

Part 3, Documentation, of the TDGR currently stipulates that a physical paper shipping document must accompany most dangerous goods during transit. Shipping documents provide a summary of the dangerous goods being transported and provide first responders with essential information to develop a response plan during an incident.

Potential benefits of using e-shipping documents may include the following:

• Improved legibility and accuracy of information related to shipments;
• A simplified process for updating information on the shipping document;
• Quicker sharing of information with emergency responders during an incident;
• Integration of shipping documents with other fully digital business processes;
• Alignment with international regulations, such as the International Maritime Dangerous Goods Code (IMDG Code) and the International Civil Aviation Organization’s (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, which currently accept electronic transport documents for international shipments; and
• Greater flexibility and the opportunity to give Canadian businesses a competitive edge.

Goals, scope, and intent of project

The goal of the regulatory sandbox is to evaluate whether an equivalent or greater level of safety can be achieved with e-shipping documents and if so, determine the appropriate conditions. This project is not a regulatory amendment, nor a regulatory proposal. It is a thorough analysis of potential impacts on Canadians, including the associated benefits, costs, and performance of e-shipping documents.

The use of e-shipping documents from point of origin to final destination in different modes (road, rail, air, marine) will be evaluated from multiple perspectives with a focus on emergency response. This project will also consider rural and urban environments, including areas with limited or no Internet or cellular coverage.

TC will not be removing paper shipping documents, nor is there an intent to create a central database or online system of shipping documents. The aim of this initiative is to assess the viability of e-shipping documents as an option for companies.

No specific technology or system will be imposed in this project, as TC is interested in evaluating a variety of platforms and technologies.

Project overview

Key aspects of TC’s strategy to evaluate the performance, impacts, costs, and benefits of e-shipping documents include the following:

• Issuing equivalency certificates that will allow the use of e-shipping documents instead of paper shipping documents to selected businesses which meet specific safety requirements. Authorization will only be granted for the duration of the project (2020 to spring 2022), which will allow TC to assess the performance of e-shipping documents.
• A series of exercises designed to test the effectiveness of e-shipping documents in emergency response situations. These simulations will focus on communicating shipping document information.
• Ongoing engagement with stakeholders, including emergency response personnel, industry representatives, law enforcement personnel, and TC’s provincial, territorial, and regional counterparts, through a combination of focus groups, interviews, questionnaires, working groups, and various social media platforms, to keep TC apprised of potential issues and benefits associated with e-shipping documents.
• Engaging with international partners such as the United States Department of Transport to determine how e-shipping documents can be used for cross-border transportation and better understand practices in countries where e-shipping documents are permitted.

Upon completion of the regulatory sandbox, TC will publish a final report on the feasibility and effectiveness of e-shipping documents, including recommendations on the use of e-shipping documents in the TDGR.

Seeking participation

The success of the regulatory sandbox project depends heavily on the participation and contribution of stakeholders. TC is seeking shippers, carriers, first responders, enforcement personnel, and other government agencies to participate in this project.

Stakeholders can participate by

• Applying for an equivalency certificate to use e-shipping documents; or
• Submitting comments and feedback throughout the study.

Application process

Canadian consignors, shippers, or carriers that are already equipped with a system for communicating shipping documents to first responders and enforcement officers without delay, and that are interested in replacing paper shipping documents with an electronic equivalent, are encouraged to apply for an equivalency certificate by submitting an application through the Transportation of Dangerous Goods Approval website.

Conditions for participating

• If an application is approved, the equivalency certificate will be valid until March 31, 2022;
• The shipping document information must be communicated within five minutes of receiving a request;
• Each company must have a point of contact who can provide shipping document information while the dangerous goods are in transport;
• Registration with the Canadian Transport Emergency Centre (CANUTEC) must be done by providing CANUTEC with the point of contact who can provide shipping document information while the dangerous goods are in transport or provide another way for CANUTEC to access the information on shipping documents;
• Each company is responsible for providing their staff with adequate training on all conditions listed in the equivalency certificate;
• Road vehicles must display a sign advising that e-shipping documents are being used. These signs will be provided by TC;
• Willingness to provide TC with information related to the use of e-shipping documents. This could include the impacts or benefits on operational activities, training, equipment, and administrative activities, as well as feedback throughout the study; and
• Every six months, a report must be sent to TC that describes any incidents that have occurred. At a minimum, the report must indicate
  • the time of incident,
  • the time taken for the requestor to receive the shipping document upon making the request,
  • the requester of the information (first responder, CANUTEC, dispatcher, etc.), and
  • for every occasion that the requester did not receive the information within five minutes, an evaluation to determine why the information was not available and the corrective action taken to prevent the situation from reoccurring must be included.

Information to include in your application form

An application can be submitted by completing an application form. To receive an application form, please contact TDGEShipping-ExpeditionETMD@tc.gc.ca.

Information required in the application form includes the following:

• Whether the application is for a consignor (shipper), carrier, or both;
• The modes of transport;
• Description of the dangerous goods (UN number, shipping name, primary class, subsidiary class, packing group) that will be transported using e-shipping documents;
• The means of containment;
• How often shipments will occur (e.g. number of trips per day);
• When the dangerous goods are transported (hours of operation);
• If e-shipping documents will be used when transporting dangerous goods to the United States and if so, by what mode;
• A description of the geographic areas and routes that will use e-shipping documents;
• A detailed description of the communication system used and an explanation of how shipping information would be communicated to an inspector or first responders during an incident (including the amount of time it would take to transmit the information upon request);
• An explanation detailing how first responders would be informed of how to retrieve e-shipping document information in the event that the driver of the vehicle is unavailable; and
• An explanation of how information would be communicated to first responders during a power outage and in areas with no Internet or cell coverage.

The application process will remain open for the duration of the project, until spring 2022.

TC will review applications and if a company is approved, it will be issued an equivalency certificate permitting the use of e-shipping documents until spring 2022.

Related information

Let’s Talk Transportation

Regulatory sandbox on electronic shipping documents

Future opportunities to comment

Comments are welcome throughout the duration of this project, until spring 2022. Specific questionnaires will also be distributed to different stakeholder groups as another way for TC to fully understand the issues surrounding shipping documents.

Contact us

If you wish to provide any comments or have questions related to this notice, please submit them to TDGEShipping-ExpeditionETMD@tc.gc.ca.

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Prince Rupert Port Authority — Supplementary letters patent

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

WHEREAS Schedule B of the letters patent sets out the federal real property managed by the Authority, and sets out interests in land, to the extent they are interests in land, in accordance with the Federal Real Property Act;

WHEREAS the Authority wishes to amend Schedule B of its letters patent to reflect a statutory right of way granted by the Canadian National Railway Company (CN) to the Authority over land owned by CN (CN Lands), pursuant to a Land Tenure Agreement between the parties, dated July 5, 2019;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent amending Schedule B of its letters patent to reflect this amendment;

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:

• 1. Schedule B of the letters patent is amended by adding the following to the end of the table in paragraph 3:

• INTEREST	LANDS TO WHICH INTEREST RELATES
  Statutory right of way granted by the Canadian National Railway Company (CN) to the Authority over land owned by CN (CN Lands), pursuant to a Land Tenure Agreement between parties, dated July 5, 2019, and effective on the date of issuance of these supplementary letters patent.	A statutory right of way over CN Lands which can be described as follow: 1) PID 015-330-061, District Lot 6564, Range 5, Coast District, Except Plan 2096; and 2) PID 012-164-372, Part 74.96 Acres of District Lot 1992, Range 5, Coast District, Plan 1167

• 2. These supplementary letters patent take effect on the date of issuance.

ISSUED this 30th day of January, 2020.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Prince Rupert Port Authority — Supplementary letters patent

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Prince Rupert 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 real property, other than federal real property, held or occupied by the Authority;

WHEREAS, pursuant to subsection 46(2.1) of the Act, the Authority wishes to acquire real property known as Stapledon Island and bearing parcel identifier (PID) number 012-454-885;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent to set out the said real property 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:

• 1. Schedule C of the letters patent is amended by adding the following after PID number 029-577-675 and its corresponding description:
  

• PID NUMBER	DESCRIPTION
  012-454-885	Block 4, District lot 642, range 5, Coast District Plan 3010, and known as Stapledon Island

• 2. These supplementary letters patent take effect on the date of registration in the Prince Rupert Land Title Office of the documents evidencing the transfer of the real property to the Authority.

ISSUED this 30th day of January, 2020.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Vancouver Fraser Port Authority — Supplementary letters patent

WHEREAS the Governor in Council issued a Certificate of Amalgamation containing letters patent to amalgamate the Vancouver Port Authority, the Fraser River Port Authority and the North Fraser Port Authority and to continue as one port authority named the Vancouver Fraser Port Authority (“Authority”), effective January 1, 2008;

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

WHEREAS, pursuant to subsection 46(2.1) of the Canada Marine Act (“Act”), the Authority wishes to implement a licence agreement, as licensee, for a term of 15 years with three options to renew further consecutive periods of 5 years each, with the Corporation of the District of North Vancouver to enter upon the real property described below as a portion of Parcel Identifier (PID) number 016-018-591, for work in the Maplewood Marine Restoration Project part of the Authority’s Habitat Enhancement Program;

WHEREAS the board of directors of the Authority has requested that the Minister of Transport issue supplementary letters patent to include the interest in the real property obtained by the Authority under the said licence agreement in Schedule C of the letters patent;

AND WHEREAS the Minister of Transport 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:

• 1. Schedule C of the letters patent is amended by adding the following after PID 025-701-118:

• INTEREST	LANDS TO WHICH INTEREST RELATES
  Licence agreement for use of real property (land, foreshore and waterlot) for a term of 15 years with three options to renew further consecutive periods of 5 years each, according to the terms and conditions of a Licence Agreement dated October 10, 2018, between the Vancouver Fraser Port Authority and the Corporation of the District of North Vancouver	Parts of PID 016-018-591 Lot 1 (Reference Plan 2659) of the Foreshore of Burrard Inlet lying in front of District Lot 469, Group 1, New Westminster District

• 2. These supplementary letters patent take effect on the date of issuance.

ISSUED this 30th day of January, 2020.

The Honourable Marc Garneau, P.C., M.P.
Minister of Transport

GLOBAL AFFAIRS CANADA

Consulting Canadians on possible negotiations to modernize the Canada-Ukraine Free Trade Agreement

The Government of Canada is committed to diversifying trade and investment with key markets around the world and to strengthening Canada’s ties with existing free trade agreement partners. Global Affairs Canada is seeking input from Canadians on possible modernization negotiations of the Canada-Ukraine Free Trade Agreement (CUFTA).

Background

Canada and Ukraine have enjoyed close bilateral relations since Canada became the first Western nation to recognize Ukraine’s independence on December 2, 1991. The bilateral relationship is further reinforced by strong people-to-people ties between our two countries, with almost 1.4 million Canadians of Ukrainian heritage. CUFTA, which entered into force on August 1, 2017, represents an important milestone in the Canada–Ukraine bilateral relationship. In addition to generating commercial benefits for Canadian businesses, CUFTA supports the economic reform efforts of the Government of Ukraine, and helps pave the way for long-term security, stability, and broad-based economic development in Ukraine.

Since CUFTA’s entry into force, two-way merchandise trade has grown, reaching $346 million in 2018. Canada’s merchandise exports to Ukraine were $220 million, and merchandise imports from Ukraine were $126 million. Canada’s top four exports to Ukraine were mineral and fuel oils ($87.3 million), fish and seafood ($51.2 million), machinery ($19.9 million), and pharmaceuticals ($13.9 million). Canada’s top imports from Ukraine were iron and steel ($30.3 million), electronic equipment ($18.4 million), paints, dyes and tanning products ($11.9 million), and machinery ($10.4 million). The stock of Canadian direct investment in Ukraine stood at $685 million at the end of 2018.

CUFTA includes chapters in the areas of market access for goods; rules of origin and origin procedures; trade facilitation; emergency action and trade remedies; sanitary and phytosanitary measures; technical barriers to trade; government procurement; competition policy, monopolies and state enterprises; intellectual property; electronic commerce; labour; environment; transparency; trade-related cooperation; institutional provisions; and dispute settlement.

In July 2019, Prime Minister Justin Trudeau and Ukrainian President Volodymyr Zelensky announced a mutual commitment to expand and modernize CUFTA. A modernization of the Agreement provides an opportunity to increase the Agreement’s benefits for Canadians by further diversifying and expanding Canada’s preferential access to Ukraine, and advancing an inclusive approach to trade so that the benefits of trade are widely shared. A modernization of CUFTA would also help reinforce the rules-based international system and promote the development of global value chains, strengthening Canada’s connectivity to the region.

CUFTA contains a review clause (Article 19.2) that commits the Parties to review the Agreement within two years of its entry into force “with a view to examining the further development and deepening of its provisions, and to extending it to subject matters not covered [by the Agreement].” The review clause specifically identifies cross-border trade in services (CBTS), financial services, investment, telecommunications, and temporary entry, but does not restrict the Parties to exploring other potential areas.

Submissions by interested parties

Interested parties are invited to submit their views on a potential modernization of CUFTA, including specific interests, priorities, and potential sensitivities. The following are examples of areas where the Government of Canada would appreciate receiving views from Canadians:

• Investment barriers, including restrictions imposed on foreign ownership or entry to market, questions of transparency of regulation and performance requirements;
• Interests related to trade in services, specifically identification of sectors and activities of export interest for Canadian service providers, market access barriers and domestic regulatory measures that either restrict or affect the ability to conduct business or deliver services in Ukraine; and whether the ability to conduct trade in services would be improved through the transparent listing of domestic regulatory measures that limit market access;
• Temporary entry of business people from Canada into Ukraine and from Ukraine into Canada (e.g. any impediments when seeking to move key personnel between Ukraine and Canada on a temporary basis to set up an investment, to work or to fulfill a contract, or to participate in business meetings);
• Electronic commerce (e.g. any restrictive measures faced by Canadian suppliers of digital products and services in Ukraine, such as requirements for data localization);
• Inclusive trade elements, notably more robust and strengthened environment and labour obligations, but also broader inclusive trade priorities such as those related to small and medium-sized enterprises, trade and gender, and Indigenous peoples; and
• Any other trade-related topics of interest or potential concern to Canadians.

Please be advised that any information received as a result of this consultation will be considered as public information unless explicitly requested otherwise. The deadline for submission is Monday, March 16, 2020. Submissions should include the following:

• 1. The contributor’s name and address, and, if applicable, the name of the contributor’s organization, institution or business;
• 2. The specific issues being addressed; and
• 3. Where possible, precise information on the rationale for the position taken, including any significant impact it may have on Canada’s domestic or international interests.

Contributions can be sent to

Canada-Ukraine Free Trade Agreement Consultations
Global Affairs Canada
Trade Policy and Negotiations (TCE)
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Email: CUFTA-Consultations@international.gc.ca

Additional information on Canada’s relationship with Ukraine can be found on the Canada-Ukraine Free Trade Agreement (CUFTA) web page.

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

INSURANCE COMPANIES ACT

Validus Reinsurance, Ltd. — Order to insure in Canada risks

Notice is hereby given of the issuance, pursuant to subsection 574(1) of the Insurance Companies Act, of an order, effective December 17, 2019, authorizing Validus Reinsurance, Ltd. to insure in Canada risks falling within the classes of accident and sickness insurance, aircraft insurance, automobile insurance, boiler and machinery insurance, credit insurance, credit protection insurance, fidelity insurance, hail insurance, legal expenses insurance, liability insurance, marine insurance, property insurance, and surety insurance.

January 17, 2020

Jeremy Rudin
Superintendent of Financial Institutions

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council appointments website.

Position	Organization	Closing date
Chairperson	Canada Council for the Arts
Chief Executive Officer	Canadian Energy Regulator
Commissioner (full-time), Commissioner (part-time)	Canadian Energy Regulator
Director	Canadian Energy Regulator
Chairperson	Canadian International Trade Tribunal
Director	Canadian Museum for Human Rights
Member (Alberta and Northwest Territories)	Canadian Radio-television and Telecommunications Commission
Member (Atlantic and Nunavut)	Canadian Radio-television and Telecommunications Commission
Chairperson	Great Lakes Pilotage Authority Canada
Chairperson	Marine Atlantic Inc.
Secretary	National Battlefields Commission
Auditor General of Canada	Office of the Auditor General of Canada