Canada Gazette, Part I, Volume 150, Number 19: GOVERNMENT NOTICES
May 7, 2016
BANK OF CANADA
PAYMENT CLEARING AND SETTLEMENT ACT
Notice of designation to the Canadian Payments Association
Under subsection 4(1) of the Payment Clearing and Settlement Act (the “Act”), where the Governor of the Bank of Canada is of the opinion that a clearing and settlement system may be operated in such a manner as to pose payments system risk, the Governor may, if the Minister of Finance is of the opinion that it is in the public interest to do so, designate the clearing and settlement system as a system that is subject to Part I of the Act.
The Canadian Payments Association (CPA) operates the Automated Clearing Settlement System (ACSS), which is the main domestic clearing and settlement system for retail payment transactions in Canada. The ACSS is a system eligible to be designated under the Act since it has at least three participants (at least one of which is a Canadian participant and at least one of which has its head office in a jurisdiction other than the head office jurisdiction of the CPA), clearing and settlement is in Canadian dollars, and payment obligations that arise from clearing within the system are ultimately settled through adjustments to the accounts of participants at the Bank of Canada.
I am of the opinion that the ACSS may be operated in such a manner as to pose payments system risk and therefore should be designated as subject to Part I of the Act. The Minister of Finance is of the opinion that it would be in the public interest to designate the ACSS.
Accordingly, the ACSS is hereby designated pursuant to subsection 4(1) of the Act, effective May 2, 2016.
April 26, 2016
STEPHEN S. POLOZ
Governor
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DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Ministerial Instructions regarding the processing of certain work permit applications
The Minister of Citizenship and Immigration, pursuant to paragraph 87.3(3)(a.1) of the Immigration and Refugee Protection Act, gives the annexed Ministerial Instructions regarding the processing of certain work permit applications.
Ottawa, April 20, 2016
JOHN MCCALLUM
Minister of Citizenship and Immigration
Notice is hereby given that the Department of Citizenship and Immigration (CIC) has established, under paragraph 87.3(3)(a.1) of the Immigration and Refugee Protection Act (IRPA), the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
These Instructions repeal the Ministerial Instructions issued pursuant to section 87.3 of the IRPA and published in the Canada Gazette on December 28, 2013, regarding the processing of certain work permit applications. For greater clarity, the repeal does not affect the processing of applications received prior to when these instructions take effect, and considered under previous Ministerial Instructions issued pursuant to section 87.3, including the Instructions published in the Canada Gazette on December 28, 2013.
Overview
These Instructions are intended to provide clarity on the effect that the suspension of an assessment provided by the Department of Employment and Social Development (ESDC) has on applications for work permits made by foreign nationals that are linked to that assessment. These Instructions take effect on their date of publication in the Canada Gazette, and will remain in effect until further notice.
These Instructions apply to work permit applications received by CIC on or after the date that the Instructions take effect.
Work permit applications for temporary foreign workers
Officers are instructed to suspend the processing of applica tions for work permits made by foreign nationals under subparagraph 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations where the relevant assessment has been suspended by ESDC for public policy considerations specified by the Minister of Employment and Social Development pursuant to subsection 30(1.43) of the IRPA.
Applicants for work permits affected by these Instructions shall be informed that the processing of their application will not continue until such a time as the assessment suspension is no longer in effect.
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DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Ministerial Instructions Respecting the Revocation of Work Permits, 2016
The Minister of Citizenship and Immigration, pursuant to subsection 30(1.41) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Respecting the Revocation of Work Permits, 2016.
Ottawa, April 20, 2016
John McCallum
Minister of Citizenship and Immigration
Ministerial Instructions Respecting the Revocation of Work Permits, 2016
Interpretation
1 The following definitions apply in these Instructions.
Act means the Immigration and Refugee Protection Act (Loi).
Regulations means the Immigration and Refugee Protection Regulations (Règlement).
Public Policy Considerations
2 For the purposes of subsection 30(1.41) of the Act, the public policy considerations that may justify the revocation of a work permit under that subsection are that
- (a) the assessment that was provided by the Department of Employment and Social Development and on the basis of which the work permit was issued was subsequently revoked;
- (b) in the case of a work permit that was issued to a foreign national referred to in any of subparagraphs 200(1)(c)(i) to (ii.1) of the Regulations with respect to a specified employer, new information becomes available indicating that the employment of the foreign national under the work permit is having or will have a significantly greater negative effect than benefit with respect to the development of a strong Canadian economy, unless the revocation of that work permit would be inconsistent with any trade obligation of the Government of Canada under an international agreement;
- (c) the employer or group of employers provided false, misleading or inaccurate information in the context of the application for the work permit;
- (d) the work permit was issued to a foreign national on the basis of their relationship to another foreign national and the work permit of that other foreign national has since been or is currently being revoked;
- (e) the employer is subject to a determination made under subsection 203(5) of the Regulations, if two years have not elapsed since the day on which that determination was made;
- (f) the employer is ineligible under paragraph 209.95(1)(b) of the Regulations to employ a foreign national for whom a work permit is required; or
- (g) the employer is in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount.
Transitional Provision
3 Paragraph 2(d) of the Ministerial Instructions Respecting the Revocation of Work Permits, published in the Canada Gazette, Part I, on December 28, 2013, continues to apply after section 4 takes effect with respect to the revocation of any foreign national's work permit if the facts which formed the basis for adding the employer's name to the list referred to in subsection 209.91(3) of the Immigration and Refugee Protection Regulations, as they read immediately prior to December 1, 2015, occurred before that date.
Repeal
4 The Ministerial Instructions Respecting the Revocation of Work Permits, published in the Canada Gazette, Part I, on December 28, 2013, are repealed.
Taking Effect
5 These Instructions take effect on the day on which they are published in the Canada Gazette, Part I.
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DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT
IMMIGRATION AND REFUGEE PROTECTION ACT
Instructions Given by the Minister of Employment and Social Development Prescribing Public Policy Considerations Pursuant to Subsection 30(1.43) of the Immigration and Refugee Protection Act
The Minister of Employment and Social Development, pursuant to subsection 30(1.43) (see footnote c) of the Immigration and Refugee Protection Act (see footnote d), gives the annexed Instructions Given by the Minister of Employment and Social Development Prescribing Public Policy Considerations Pursuant to Subsection 30(1.43) of the Immigration and Refugee Protection Act.
Ottawa, April 15, 2016
MaryAnn Mihychuk
Minister of Employment and Social Development
Instructions Given by the Minister of Employment and Social Development Prescribing Public Policy Considerations Pursuant to Subsection 30(1.43) of the Immigration and Refugee Protection Act
Interpretation
Definitions
1 The following definitions apply in these Instructions.
Act means the Immigration and Refugee Protection Act. (Loi)
Department means the Department of Employment and Social Development. (ministère)
Regulations means the Immigration and Refugee Protection Regulations. (Règlement)
Public Policy Considerations
Revocation
2 For the purposes of paragraph 30(1.43)(a) of the Act, the public policy considerations that may justify the revocation by the Department, under that paragraph, of an assessment that it provided with respect to an application for a work permit are that
- (a) new information becomes available after the time that the assessment is provided indicating that the employment of the foreign national under the work permit is having or will have a significant negative effect on the labour market in Canada;
- (b) the employer or group of employers provided false, misleading or inaccurate information in the context of the request for that assessment;
- (c) the employer is subject to a determination made under subsection 203(5) of the Regulations, if two years have not elapsed since the day on which that determination was made;
- (d) the employer is ineligible under paragraph 209.95(1)(b) of the Regulations to employ a foreign national for whom a work permit is required; or
- (e) the employer is in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount.
Suspension
3 For the purposes of paragraph 30(1.43)(b) of the Act, the public policy considerations that may justify the suspension by the Department, under that paragraph, of the effects of an assessment that it provided with respect to an application for a work permit are that
- (a) new information becomes available after the time that the assessment is provided that, if known at that time, would have led to a different assessment;
- (b) there are reasonable grounds to suspect that the employer or group of employers provided false, misleading or inaccurate information in the context of the request for that assessment;
- (c) there are reasonable grounds to suspect that the employer is not complying with the conditions set out in section 209.3 or 209.4 of the Regulations in respect of that work permit or any other work permit and the failure to do so may not be justified under one or the other of those sections, as applicable;
- (d) the employer is subject to a determination made under subsection 203(5) of the Regulations, if two years have not elapsed since the day on which that determination was made;
- (e) the employer is ineligible under paragraph 209.95(1)(b) of the Regulations to employ a foreign national for whom a work permit is required; or
- (f) the employer is in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount.
Refusal to process
4 For the purposes of paragraph 30(1.43)(c) of the Act, the public policy considerations that may justify the refusal by the Department, under that paragraph, to process a request for an assessment with respect to an application for a work permit are that
- (a) there is information to indicate that the employment of the foreign national under the work permit in any portion, sector, region or occupational group of the labour market in Canada would have a significant negative effect on that labour market;
- (b) the request for an assessment relates to an application for a work permit whose processing would be refused under the terms of instructions given by the Minister of Citizenship and Immigration under subsection 87.3(3) of the Act; and
- (c) the Department has revoked, under paragraph 2(b), an assessment provided to the employer, if two years have not elapsed since the day on which the assessment was revoked.
Transitional Provision
Before December 1, 2015
5 Paragraphs 2(c) and 3(d) of the Ministerial Instructions Respecting Labour Market Opinions, published in the Canada Gazette, Part I, on December 28, 2013, continue to apply after section 6 takes effect with respect to the revocation or the suspension of an assessment if the facts that formed the basis for adding the employer's name to the list referred to in subsection 209.91(3) of the Immigration and Refugee Protection Regulations, as it read immediately before December 1, 2015, occurred before that date.
Repeal
Former instructions
6 The Ministerial Instructions Respecting Labour Market Opinions, published in the Canada Gazette, Part I, on December 28, 2013 and on June 21, 2014, are repealed.
Taking Effect
Publication
7 These Instructions take effect on the day on which they are published in the Canada Gazette, Part I.
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DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice of time extension granted by the Minister of Environment and Climate Change under subsection 56(3) of the Canadian Environmental Protection Act, 1999
Pursuant to subsection 56(4) of the Canadian Environmental Protection Act, 1999, notice is hereby given that the following time extension was granted under the Notice requiring the preparation and implementation of pollution prevention plans in respect of specified substances on Schedule 1 of the Canadian Environmental Protection Act, 1999, related to the synthetic rubber manufacturing sector, published in the Canada Gazette, Part I, on June 9, 2012.
On April 28, 2016, the Minister of Environment and Climate Change granted to ARLANXEO Canada Inc. (formerly LANXESS Inc.), from Sarnia, a time extension of 18 months to implement its pollution prevention plan. The period to implement the plan is therefore extended to December 31, 2018.
For additional information, please contact Nathalie Péloquin, Head of Rubber and Chemicals Unit, Plastic, Rubber and Chemicals Section, Chemical Production Division, Industrial Sectors, Chemicals and Waste Directorate, by telephone at 819-938-4217 or by fax at 819-938-4218.
Ottawa, May 7, 2016
LUCIE DESFORGES
Director
Chemical Production Division
Industrial Sectors, Chemicals and Waste Directorate
On behalf of the Minister of Environment and Climate Change
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DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2016-87-05-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote e), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List (see footnote f);
Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 (see footnote g), makes the annexed Order 2016-87-05-02 Amending the Non-domestic Substances List.
Gatineau, April 27, 2016
Catherine McKenna
Minister of the Environment
Order 2016-87-05-02 Amending the Non-domestic Substances List
Amendment
1 Part I of the Non-domestic Substances List (see footnote 1) is amended by deleting the following:
- 895-85-2
- 9001-89-2
- 25601-41-6
- 39202-17-0
- 474530-85-3
Coming into Force
2 This Order comes into force on the day on which Order 2016-87-05-01 Amending the Domestic Substances List comes into force.
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DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
| Name and position | Order in Council |
|---|---|
| Auditor General of Canada | 2016-219 |
| The Jacques-Cartier and Champlain Bridges Inc. | |
| Auditor | |
| Crooks, Natasha | 2016-216 |
| Parole Board of Canada | |
| Full-time member | |
| Government of Newfoundland and Labrador | |
| Administrators | |
| Welsh, The Hon. B. Gale | |
| May 5 to May 9 and May 28 to June 5, 2016 | 2016-255 |
| Whalen, The Hon. Raymond P. | |
| April 16 to April 24, 2016 | 2016-251 |
| May 2 to May 4 and May 27, 2016 | 2016-255 |
| Hincke, Joseph | 2016-217 |
| Canadian Transportation Accident Investigation and Safety Board | |
| Full-time member | |
| Hyndman, Douglas H. | 2016-218 |
| Canadian Securities Regulation Regime Transition Office | |
| President | |
| Special advisers to the Minister of National Defence — part-time basis | |
| Arbour, The Hon. Louise, C.C., G.O.Q. | 2016-213 |
| Graham, The Hon. William C., P.C., C.M., Q.C. | 2016-221 |
| Henault, Raymond | 2016-214 |
| Purdy, Margaret | 2016-215 |
April 29, 2016
DIANE BÉLANGER
Official Documents Registrar
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DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Appointments
Name and position
Instrument of Advice dated April 6, 2016
Harder, The Hon. V. Peter
Queen's Privy Council for Canada
Member
April 29, 2016
DIANE BÉLANGER
Official Documents Registrar
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DEPARTMENT OF INDUSTRY
OFFICE OF THE REGISTRAR GENERAL
Senator called
His Excellency the Governor General has been pleased to summon to the Senate of Canada, by letters patent under the Great Seal of Canada bearing date of March 25, 2013:
- — Tannas, Scott, of High River, in the Province of Alberta, member of the Senate and a Senator for the Province of Alberta.
April 29, 2016
DIANE BÉLANGER
Official Documents Registrar
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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS
INSURANCE COMPANIES ACT
Oxford Mutual Insurance Company, The North Waterloo Farmers Mutual Insurance Company and Heartland Farm Mutual Inc. — Letters patent of continuation, letters patent of amalgamation and order to commence and carry on business
Notice is hereby given of the issuance,
- pursuant to subsection 34(1) of the Insurance Companies Act, of letters patent continuing Oxford Mutual Insurance Company as a company under the Insurance Companies Act, effective January 1, 2016;
- pursuant to subsection 251(1) of the Insurance Companies Act, of letters patent amalgamating and continuing The North Waterloo Farmers Mutual Insurance Company and Oxford Mutual Insurance Company as one company under the name Heartland Farm Mutual Inc., effective January 1, 2016; and
- pursuant to subsection 52(4) of the Insurance Companies Act, of an order authorizing Heartland Farm Mutual Inc. to commence and carry on business, and to insure risks falling within the classes of accident and sickness insurance, automobile insurance, boiler and machinery insurance, fidelity insurance, hail insurance, liability insurance, and property insurance, effective January 1, 2016.
April 21, 2016
JEREMY RUDIN
Superintendent of Financial Institutions
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OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS
INSURANCE COMPANIES ACT
The Pictou County Farmers' Mutual Fire Insurance Company and The Kings Mutual Insurance Company — Letters patent of continuation, letters patent of amalgamation and order to commence and carry on business
Notice is hereby given of the issuance,
- pursuant to subsection 34(1) of the Insurance Companies Act, of letters patent continuing The Pictou County Farmers' Mutual Fire Insurance Company as a company under the Insurance Companies Act, effective January 1, 2016;
- pursuant to subsection 251(1) of the Insurance Companies Act, of letters patent amalgamating and continuing The Kings Mutual Insurance Company and The Pictou County Farmers' Mutual Fire Insurance Company as one company under the name The Kings Mutual Insurance Company, effective January 1, 2016; and
- pursuant to subsection 52(4) of the Insurance Companies Act, of an order authorizing The Kings Mutual Insurance Company to commence and carry on business, and to insure risks falling within the classes of liability insurance and property insurance, effective January 1, 2016.
April 21, 2016
JEREMY RUDIN
Superintendent of Financial Institutions
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PRIVY COUNCIL OFFICE
Governor in Council appointment opportunities
On February 25, 2016, the Prime Minister announced a new approach for Governor in Council (GIC) appointments to more than 1 500 positions in commissions, boards, Crown corporations, agencies and tribunals across Canada. Under this new approach, open, transparent and merit-based selection processes will support the Government of Canada's commitment to help ensure gender parity and that Indigenous Canadians and minority groups are better reflected in positions of leadership, as ministers make appointment recommendations for positions within their portfolios. Details on the new process are outlined on the GIC Appointments Web site (www.appointments.gc.ca).
Canadians can apply online for all GIC positions through the GIC Appointments Web site. Current and ongoing opportunities will be posted there and will provide information on how candidates may submit their applications online. You are encouraged to visit the Web site on a regular basis to learn of new opportunities that may be of interest to you as well as register and create your account for GIC appointment applications (http://appointments.gc.ca/lgn.asp?lang=eng). Once the account has been created, you will then be able to apply to opportunities when they are posted on the GIC Appointments Web site.
PRIVY COUNCIL OFFICE
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