Letter to Canadian Power and Sail Squadrons (CPS)

Mr. David Durward
Chief Commander
Canadian Power and Sail Squadrons
26 Golden Gate Court
Scarborough, ON
M1P 3A5

Dear C/C Durward:

On behalf of the Honourable John Manley, Minister of Industry, I wish to thank you for the offer by Canadian Power and Sail Squadrons (CPS) to manage the radio operator certification program, including the issuing or amending of Restricted Operator Certificates (Maritime). Your proposal is consistent with the department's objective of, where practicable, partnering with private organizations to improve services to Canadians.

It is my pleasure to inform you that the Honourable John Manley has delegated CPS the authority to issue or amend Restricted Operator Certificates (Maritime). This delegation shall have effect on September 1, 2000 conditional upon Industry Canada receiving written confirmation from CPS of their acceptance of the terms of the letter entitled, Operating Conditions Concerning the Delegation by the Minister of Industry to Canadian Power and Sail Squadrons of the Power to Issue or Amend Restricted Operator Certificates with Maritime Qualification and shall continue until revoked.

Please find attached the above noted letter that I have signed on behalf of Industry Canada as well as a copy of the delegation order.

I wish you every success in managing the Accredited Examiner Program and issuing Restricted Operator Certificates (Maritime) on behalf of the Minister of Industry.

Yours truly,

Jan Skora
Director General
Radiocommunications and Broadcasting Regulatory Branch

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Operating Conditions Concerning the Delegation by the Minister of Industry to Canadian Power and Sail Squadrons of the Power to Issue or Amend Restricted Operator Certificates with Maritime Qualification

TO: Chief Commander Canadian Power and Sail Squadrons

THE ACCOMPANYING DELEGATION is granted on the terms and subject to the conditions hereinafter set out:

Article 1 - Definitions

Section 1.01 - Definitions. For the purposes of this Letter, unless the context otherwise requires, the following terms shall have the respective meanings set out below and grammatical variations of such terms shall have the corresponding meanings:

"Minister" - means the Minister of Industry.

"Restricted Operator Certificate" - means a certificate of qualification as defined in the Radiocommunication Regulations Schedule II Item 3.

"Voluntarily Fitted" - means a vessel which is not required by any legislation, regulation or convention to be equipped with a ship station using radio apparatus to be operated in the Maritime Mobile Service.

Article 2 - Interpretation

Section 2.01 - Day of Notice. If the day on which any act is required to be done or made under this Letter is a day which is not a business day, then such act shall be duly performed or made if done on the next following business day.

Section 2.02 - Statutes Regulations and Rules. Any reference in this Letter to all or any part of any statute, regulation or rule shall, unless otherwise stated, be a reference to that statute, regulation or rule or the relevant part thereof, as amended, substituted, replaced or re-enacted from time to time.

Section 2.03 - Governing Law. This Letter shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the respective provinces/territories and Canada as applicable. Nothing in this Letter is intended to or shall be construed as limiting, waiving or derogating from any Federal Crown prerogative.

Section 2.04 - Rights or Remedies of Other. Nothing expressed or implied in this Letter is intended to or shall be construed to confer on or to give any person, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies under or by reason of this Letter.

Section 2.05 - No Derogation or Abrogation. Nothing in this Letter shall be construed to abrogate or derogate from any of the duties, rights or responsibilities of the Minister of Industry under law.

Article 3 - Letter on the Management of the Radio Operator Certification Program

Section 3.01 - Radio Operator Certification Program. Subject to the terms and conditions of this Letter, CPS shall manage the radio operator certification program, and issue or amend Restricted Operator Certificates (ROC), for operators of ship radio stations voluntarily fitted, as defined in Section 1.01 of this Letter.

Section 3.02 - Duties of CPS in Radio Operator Certification. In carrying out its delegated function pursuant to the Delegation, CPS shall:

  1. produce, maintain and adhere, to the Minister's satisfaction, to a plan to administer and deliver the programs for the training, examination and designation of CPS examiners, the examination and certification of applicants and the issuance of Restricted Operator Certificates to applicants;
  2. ensure, to the Minister's satisfaction, that CPS personnel are available and competent to perform the duties described in (a);
  3. receive, and provide impartial treatment to, all requests for radio operator examination and/or certification originated by non-CPS entities or the general public;
  4. serve as the point of contact for enquiries by the general public on this program;
  5. provide public enquiry services in both official languages during business hours;
  6. establish procedures to respond to, record and resolve complaints by the public;
  7. maintain information on the Certification program on the CPS Internet site;
  8. maintain and safeguard information obtained in administering this program in CPS databases in compliance with the Privacy Act and the Access to Information Act;
  9. maintain a current course study guide and data bank of examination questions;
  10. maintain a radio operator certification database.

Section 3.03 - Default, Recovery and Remedies

Section 3.03.1 - Notice of Default. Where there is an event of default or where, in the Minister's opinion, there is likely to be a default under this Letter, the Minister may give CPS 90 days notice in writing to cure the default and to notify the Minister in writing that the default has been cured, failing which the Minister may terminate this Letter.

Section 3.04 - Duties of the Minister. The Minister shall:

  1. continue to respond to public inquiries not related to the functions delegated to CPS;
  2. represent Canada internationally and provide national policy regarding radio operator certification and advise CPS of any related regulatory changes;
  3. at the commencement date of this Letter, provide to CPS a copy of the existing radio operator certification database;
  4. provide copies of the existing examination syllabus, examination database, and any related documentation; and,
  5. provide information in the Industry Canada Internet site that CPS is now issuing Restricted Operator Certificates for operators of ship radio stations voluntarily fitted and appropriate cross links to the CPS Internet site.

Section 3.05 - Audit.

  1. The Minister may request that CPS, which shall act promptly, produce at no cost to the Minister, any information, records or databases determined by the Minister, acting reasonably, to be necessary to enable the Minister to determine if CPS is performing its duties under this Letter, or to comply with requests under the Access to Information Act.
  2. For the duration of the Delegation, CPS shall, at its own expense, ensure access by the Minister and designated departmental staff to its premises for audit and evaluation purposes, at all reasonable times upon 30 days notice by the Minister.

Section 3.06 - Service Standard. CPS shall issue the Restricted Operator Certificate within 60 working days of a candidate's successful examination.

Article 4 - Term

The Minister may revoke the delegation if CPS is in material breach of any of the terms of this Letter upon 90 days notice. CPS may end their delegation upon 90 days notice if the Minister or Industry Canada is in material breach of any of the terms of this Letter. In so doing the Delegation shall be terminated in such a manner so as not to disrupt the radio operator certification program and CPS shall at its expense provide the Minister with all of the records and databases associated with the program under this Letter.

Article 5 - Indemnity

Section 5.01 – Indemnity. CPS shall indemnify and save harmless Her Majesty and Her servants, agents, officials and employees from any and all claims, suits, liabilities, damages, losses, judgments, costs and expenses (hereinafter called "claims") sustained or incurred by Her Majesty as a result of any act or failure to act by CPS under the terms of this Letter except to the extent that CPS's act or failure to act is caused by an act or failure to act on the part of Her Majesty or the Minister provided such claims are:

  1. attributable to physical or mental injury, sickness, disease, or death or to injury to or destruction of tangible property, and
  2. caused by negligent acts or omissions by CPS or anyone for whose acts CPS may be liable.

CPS will have in place and maintain public liability insurance which will provide funding for the risks outlined above. CPS will also supply proof of up-to-date insurance upon request by the Minister.

Article 6 - General Provisions

Section 6.01 – Notice. All notices or other communications necessary for the purposes of this Letter (each a "Notice") shall be in writing and shall be delivered personally or by courier, or shall be sent by registered mail or by prepaid post or sent by facsimile, addressed,

  1. in the case of the Minister, to:

    Director General
    Radiocommunications and Broadcasting Regulatory Branch
    300 Slater Street
    Ottawa, Ontario
    KlA 0C8
    Facsimile: 613-993-4433

    or to such other address or facsimile number or addressed to such other person as the
    Minister may, from time to time, designate by notice to CPS; and

  2. in the case of CPS, to:

    Chief Commander
    Canadian Power and Sail Squadrons
    26 Golden Gate Court
    Scarborough, Ontario
    M1P 3A5
    Facsimile: 416-293-2445

    or to such other address or facsimile number or addressed to such other person as CPS may, from time to time, designate by notice to the Minister.

Any notice or communication will be considered to have been received:

  1. in the case of facsimile, on the day transmitted, and
  2. in all other cases, on the date of the courier delivery or postal date.

If the postal service is interrupted, or threatened to be interrupted, or is substantially delayed, any notice shall be delivered personally or by facsimile.

Article 7 – Commencement Date

Section 7.01 – Commencement Date. This agreement will come into force as of September 1, 2000 conditional upon Industry Canada receiving written confirmation from CPS of their acceptance of the terms described herein.

HER MAJESTY THE QUEEN
IN RIGHT OF CANADA

space to insert signature

Jan Skora
Director General, Radiocommunications and
Broadcasting Regulatory Branch

Delegation accepted this space to insert day day of space to insert month , 2000
by Canadian Power and Sail Squadrons

By:

space to insert signature

David Durward
Chief Commander
Canadian Power and Sail Squadrons


Letter to Canadian Power and Sail Squadrons (CPS)
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