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Notice

Vol. 141, No. 43 — October 27, 2007

GOVERNMENT NOTICES

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2007-87-08-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote a), the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List;

Therefore, the Minister of the Environment, pursuant to subsections 87(1) and (5) of the Canadian Environmental Protection Act, 1999 (see footnote b), hereby makes the annexed Order 2007-87-08-02 Amending the Non-domestic Substances List.

Ottawa, October 16, 2007

JOHN BAIRD
Minister of the Environment

ORDER 2007-87-08-02 AMENDING THE NON-DOMESTIC SUBSTANCES LIST

AMENDMENTS

1. Part I of the Non-domestic Substances List (see footnote 1) is amended by deleting the following:

2156-96-9 165526-51-2
2499-59-4 168253-59-6
28214-57-5 173091-76-4
31213-86-2 208408-04-2
65143-89-7 215856-72-7
68474-57-7 474919-59-0
69991-62-4  

2. Part II of the List is amended by deleting the following:

17725-4 Canola oil, mixed with alkene, sulfurized
Huile de canola, mélangée avec un alcène, sulfurisée

COMING INTO FORCE

3. This Order comes into force on the day on which Order 2007-87-08-01 Amending the Domestic Substances List comes into force.

[43-1-o]

DEPARTMENT OF INDUSTRY

IMPLEMENTATION OF THE GOVERNMENT RESPONSE TO THE FOURTH REPORT OF THE STANDING COMMITTEE ON ACCESS TO INFORMATION, PRIVACY AND ETHICS ON THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT

Deadline for submission of views: January 15, 2008

On October 17, 2007, the Government of Canada tabled in Parliament its response to the Fourth Report of the Standing Committee on Access to Information, Privacy and Ethics (ETHI) on the statutory review of the Personal Information Protection and Electronic Documents Act (PIPEDA). In support of the Minister of Industry's responsibility for PIPEDA, Industry Canada is seeking the views of Canadians on a number of issues related to the response, including proposals for legislative amendments to PIPEDA.

PIPEDA, which came into force on January 1, 2001, sets rules for the collection, use and disclosure of personal information in the course of commercial activity in Canada. In a modern, information-based economy, an effective and efficient model for the protection of personal information is vitally important to ensure that the privacy of Canadian consumers remains protected. The ETHI Report contains 25 recommendations for how PIPEDA could be fine-tuned to ensure that the Act continues to achieve this objective. The government response expresses agreement with a majority of the Committee's recommendations and reflects the view held by a number of stakeholders that PIPEDA is working well and is not in need of dramatic change at this time. However, a small number of specific amendments may be warranted, and this consultation process provides Canadians with the opportunity to present further information, advice and views regarding the implementation of key proposals for legislative change.

In particular, Industry Canada is seeking views on the implementation of a data breach notification provision in PIPEDA (ETHI recommendations 23, 24 and 25). Such a provision is an important component of a comprehensive strategy to address the growing problem of identity theft. The Government proposes that the Privacy Commissioner be notified of any major breach of personal information, and that affected individuals and organizations be notified when there is a high risk of significant harm resulting from the breach. Ultimately, a requirement for data breach notification should encourage organizations to implement more effective security measures for the protection of personal information, while enabling consumers to better protect themselves from identity theft when a breach does occur. Industry Canada is seeking input in developing the parameters of a data breach notification provision, including, but not limited to, questions of timing, manner of notification, penalties for failure to notify, the need for a "without consent" power to notify credit bureaus, and appropriate "thresholds" for when organizations should be required to notify.

Industry Canada is also seeking further views on the issue of "work product" information (ETHI recommendation 2). The question of whether information created by individuals in their employment or professional capacity should be explicitly excluded from the definition of personal information has been a matter of significant debate. Industry Canada would therefore appreciate a wider range of views on whether an amendment to PIPEDA is needed, and, if so, how this should be implemented.

Furthermore, in order to ensure that PIPEDA is consistent with the needs of Canadian law enforcement agencies, the Government intends to clarify the meaning of lawful authority in PIPEDA as recommended by the Committee (ETHI recommendation 12). Industry Canada is seeking views and specific advice on how the concept of lawful authority could be better defined.

The Committee also recommended a number of issues for further consideration and/or consultation, including witness statements (ETHI recommendation 10), consent by minors (ETHI recommendation 15), and an assessment of the extent to which elements contained in the PIPEDA Awareness Raising Tools (PARTS) document may be set out in legislative form (ETHI recommendation 17). Industry Canada welcomes submissions on these matters.

Finally, Industry Canada is considering alternatives to the current process for the designation of investigative bodies (ETHI recommendation 6) and would appreciate any further views on this issue.

Submissions on the above, or on any other issues related to the government response that you may wish to raise, can be sent by email to PIPEDAconsultation@ic.gc.ca, by fax to 613-941-1164, or by mail to Richard Simpson, Director General, Industry Canada, Electronic Commerce Branch, 300 Slater Street, Ottawa, Ontario K1A 0C8.

The Government's response to the Fourth Report of the Standing Committee on Access to Information, Privacy and Ethics is available electronically on the World Wide Web at the following address: http://ic.gc.ca/specialreports.

For printed copies, please contact Publishing and Depository Services, Public Works and Government Services Canada, Ottawa, Ontario K1A 0S5; 1-800-635-7943 (Canada and U.S. toll-free telephone), 613-941-5995 (telephone), 1-800-465-7735 (TTY), 1-800-565-7757 (Canada and U.S. toll-free fax), 613-954-5779 (fax), publications@pwgsc.gc.ca (email), www. publications.gc.ca.

[43-1-o]

NOTICE OF VACANCIES

FIRST NATIONS MARKET HOUSING FUND

Trustees (nine part-time positions)

On April 20, 2007, Canada's Government announced a $300 million First Nations Market Housing Fund (Fund) that will give First Nations people living on-reserve a better chance to own their own home.

At present, it is difficult for someone living on-reserve to obtain a housing loan because the land belongs to the community and not the individual. This makes traditional forms of mortgage security inappropriate.

The new Fund will help individuals on-reserve and on settlement lands, where the land is held communally, to obtain loans. The Fund will provide financial backing to First Nations that meet certain criteria, such as a demonstrated ability to manage their finances, loans and housing.

Once the Fund qualifies a First Nation, it will provide financial backing to that First Nation. The Fund's backing will allow the First Nation to negotiate an arrangement with a lender or lenders to allow its members to obtain housing loans. The First Nation would provide primary financial backing to members on-reserve who want to obtain housing loans to live on-reserve.

Once the First Nation has negotiated the arrangement with the lender or lenders, members of that First Nation will be able to apply for a housing loan, in a similar way households do off-reserve, with similar lending terms and conditions. Lenders will review the value of the house, the borrower's income and the borrower's ability to repay a loan when their other expenses are considered. Assuming the borrower meets the lender's criteria, he or she would be approved for a loan.

The lender can only access the Fund if the borrower fails to repay the loan and the First Nation does not honour its obligation to step in, using its own resources, to remedy the default.

The Fund will be established through an indenture of trust. The Fund will be set up as a long-term, stand-alone, self-sufficient, actively operating trust. This will allow the Fund to deal with First Nations, lenders, loan insurers and others, as a separate entity. The head office of the Fund will be located in Ottawa, Ontario.

The Fund will have nine Trustees, including a chairperson, appointed by Ministers and drawn from three groups. Three will be drawn from First Nations, and six will be drawn equally from the private sector finance community and the federal government community.

The Canada Mortgage and Housing Corporation (CMHC) will manage the day-to-day activities of the Fund in the initial years, under the supervision of the Board of Trustees.

Trustees must provide governance and leadership and be stewards of the Fund. Trustees are responsible for overseeing the Fund's governance policies and practices and they are responsible for guiding the direction of the Fund to achieve its objectives. As stewards of the Fund, the Trustees will supervise the management of the business and affairs of the Fund.

To fulfill the roles and responsibilities of the Trustees, the Government of Canada is seeking men and women, from across Canada, including members of First Nations, representing a broad range of professional and business skills and experience who are committed to assisting First Nations in developing market-based approaches to housing on-reserve.

The appointing Ministers will search for Trustees who possess the qualifications and skills described below. Moreover, the Ministers will evaluate each individual candidate in the context of the overall composition and needs of the Fund, with the objective of appointing a group that can best manage the business and affairs of the Fund and represent the Fund's interests using its diversity of experience. Thus, there are certain qualifications each individual Trustee must possess and those qualifications that Trustees as a whole must possess.

Qualifications of individual Trustees

Each Trustee must have the desire to assist First Nations in developing market-based approaches to housing provisions on-reserve and shall have minimum expertise and qualifications in relation to the following areas discussed below.

The successful candidate must have career experience and expertise relevant to the Fund's purpose, financial responsibilities and risk profile. Trustees must be able to read and assess financial and investment statements and understand financing arrangements.

The suitable candidate must demonstrate well developed listening, communicating and influencing skills so that the individual Trustees can actively participate in Board discussions and debate. Trustees must be prepared to devote time to serve effectively and must be willing to travel to attend meetings. They must demonstrate integrity and high ethical standards.

Trustees must have an understanding of First Nations economic and social issues and an awareness of the impact of organizational issues, policies and decisions, the capacity to be sensitive to the differing needs of multiple stakeholders and the capacity to influence others in order to have a specific impact or effect.

Each Trustee must be prepared and able to fulfill their fiduciary duty to the Trust with no conflict of interest (actual or perceived) between themselves and the best interests of the Trust.

All Trustees should demonstrate through references, civic duties, and/or prior elected positions a history of ethical and responsible behaviour.

Further, Trustees must demonstrate computer literacy with access to Internet and be familiar with office technology.

Qualifications of Trustees as a whole

As a whole, the Trustees shall possess expertise and qualifications in the following areas: investment management, financial accreditation, training and education, human resources management, legal, housing finance, and housing on-reserve and housing finance on-reserve.

Further, Trustees as a whole must possess the ability to contribute effectively to the ongoing viability of the Trust and its compliance with the indenture of trust. The Trustees as a whole must have an understanding of First Nations' land tenure and legislation affecting First Nations' lands and an understanding of First Nations' issues and challenges.

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.

Trustees will hold office on a part-time basis for terms averaging three years and will be remunerated in accordance with Privy Council Office guidelines for part-time appointees in agencies, boards and commissions. However, these positions are not government positions.

This notice will assist the Ministers in identifying qualified candidates for this position. This is not intended to be the sole means of recruitment. Applications forwarded through the Internet will not be considered for reasons of confidentiality.

This is an opportunity to serve the public interest in a part-time capacity (estimated at 10–15 days per year), with modest remuneration. If you would like to be considered to be part of the Fund and you have the qualifications necessary to fulfill the role of Trustee, please send a signed letter stating with which group you identify, that is First Nations, the private sector finance community, or the federal government community or any combination of the three groups. Include your contact information, reasons supporting the submission and attach your resume by November 19, 2007, to the following fax number or address: First Nations Market Housing Fund Trustee Application, c/o Canada Mortgage and Housing Corporation, 700 Montréal Road, Suite 1000, Ottawa, Ontario K1A 0P7, 1-800-245-9274 (fax).

Notice regarding privacy

Personal information will be treated in accordance with applicable federal privacy legislation. The selection process may include consultation with third parties who may discuss applications further with others. Accordingly, confidentiality cannot be assured.

Additional information on the Fund can be found at www.cmhc. ca/en/fnmhf/index.cfm or call 1-800-668-2642.

We sincerely thank all candidates for their interest; however, only those selected will be contacted.

[43-1-o]

Footnote a

S.C. 1999, c. 33

Footnote b

S.C. 1999, c. 33

Footnote 1

Supplement, Canada Gazette, Part I, January 31, 1998

 

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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Updated: 2007-10-26