Vol. 135, No. 36 — September 8, 2001

MISCELLANEOUS NOTICES

BANK OF CANADA

AMENDMENTS TO BY-LAW NOS. 15 AND 18

CERTIFICATE

I, M. L. Jewett, General Counsel and Corporate Secretary of the Bank of Canada, hereby certify that, pursuant to subsection 15(2) of the Bank of Canada Act, the following amendments to By-law 15 and to By-law 18 of the Bank of Canada have been duly approved by the Board of Directors of the Bank on June 14, 2001, and that they have not been amended or rescinded since those dates.

Ottawa, August 20, 2001

M. L. JEWETT, Q.C.
General Counsel and Corporate Secretary

AMENDMENTS TO THE BANK OF CANADA PENSION PLAN (BY-LAW NO. 15)

Whereas pursuant to section 15 of the Bank of Canada Act, the Board of Directors of the Bank has passed a by-law, By-law 15, to establish a pension fund for the benefit of its eligible employees and their dependants;

And whereas the Bank has the authority to amend its by-laws;

It is hereby resolved that the Bank of Canada's Pension Plan, By-law 15, is hereby amended, with effect from the date of publication in the Canada Gazette, by adding the following as Section 16:

"Section 16 — Outsourcing of Retail Debt Operations

16.1 INTRODUCTION

The Bank of Canada has outsourced to EDS Canada Inc. (EDS) the Retail Debt Operations (RDO) while retaining overall responsibility for the retail debt function. Each affected member will cease to accrue credited service under the Plan from the affected member's designated transfer date onward, but will still retain pension benefit rights under the Plan for credited service prior to this date.

For greater certainty, pension benefits will be treated pursuant to Section 30 of the PBSA. Consequently, EDS will be understood to be a successor employer, as described in this section of the PBSA, an affected member will remain an active member of the Plan until the affected member ceases employment with EDS, and service with EDS will be included for purposes of determining entitlement to pension benefits under the Plan.

Pension benefits, pension benefit credits or any other benefits that an affected member may be entitled to will only be payable on the affected member's retirement, or termination of employment with EDS, or the death of the affected member, under the same terms and conditions as if the affected member had terminated service with the Bank of Canada at that time, except as such terms and conditions may be modified or clarified in this Section 16. However, any future amendment to the provisions of Sections 1 to 15 of the Plan after the affected member's designated transfer date, shall not apply to the affected member unless explicitly otherwise indicated in such amendment.

16.2 DEFINITIONS AND APPLICATION

16.2.1 Additional Definitions

For the purpose of this Section 16, the terms "affected member", "designated transfer date", "designated transfer year", "determination date", "determination year", "outsourcing agreement", and "successor employer" are defined as follows:

"affected member" means a member who accepted an employment offer with the successor employer pursuant to the outsourcing agreement.

"designated transfer date" means the date on which the affected member ceases to be an employee of the Bank pursuant to the outsourcing agreement.

"designated transfer year" means the calendar year in which the designated transfer date occurs.

"determination date" means the date on which the affected member retires from the successor employer, terminates employment from the successor employer or dies, whatever occurs first.

"determination year" means the calendar year in which the determination date occurs.

"outsourcing agreement" means the Implementation Agreement between the Bank and the successor employer dated June 26, 2001.

"successor employer" means EDS Canada Inc.

16.2.2 Application

This Section 16 applies only to affected members. Except as amended by this Section 16, all other provisions in Sections 1 to 15 apply to the affected members, mutatis mutandis. In the event of any inconsistency between any of the provisions in Sections 1 to 15 and the provisions in this Section 16, the provisions in this Section 16 shall prevail.

16.3 MODIFICATIONS AND CLARIFICATIONS OF EXISTING PROVISIONS

With respect to affected members, the following provisions of the Plan shall be modified or clarified as follows:

16.3.1 General Modifications

Any reference in Sections 1 to 15 to the term "termination of employment" or "termination of employment with the Bank", or words of similar effect, shall be replaced by "termination of employment with the successor employer". Similarly, any reference to the term "employment by the Bank" or words of similar effect shall be replaced by "employment by the Bank and the successor employer", and any reference to the term "member terminates employment" or "member terminates employment with the Bank", or words of similar effect, shall be replaced by "member terminates employment with the successor employer". The above modifications do not apply to: the definitions of regular employee and temporary employee in subsection 1.1; paragraph 1.5.2; paragraph 2.1.2; subsection 2.3; paragraph 3.2.2; subsection 6.5; and subsection 15.2.

16.3.2 Subsection 1.1 — Definitions

"active member" means an affected member who has not retired, terminated employment with the successor employer, or died.

"average YMPE" means the average of the Year's Maximum Pensionable Earnings for the designated transfer year and each of the four preceding calendar years. Such average YMPE shall be increased by the same increase factor as determined in the proviso in the definition of average salary.

"average salary" means

(a) one-fifth of the aggregate of an affected member's full-time salary for any continuous five year period of membership in the Plan ceasing on, or prior to, the designated transfer date, or

(b) if an affected member has been a member for less than a continuous five year period on the designated transfer date, the average full-time salary for the period of membership in the Plan ceasing on the designated transfer date.

Provided that such average salary will be increased by an increase factor as follows:

(c) if the designated transfer year is the same year as the determination year, the increase factor is equal to the percentage increase, if any, in the pension index for the designated transfer year over the pension index for the year preceding the designated transfer year, multiplied by the ratio obtained by dividing the number of days between the designated transfer date and the determination date by 365.

(d) if the designated transfer year is not the same year as the determination year, the increase factor is equal to the product of (1+A) × (1+B) × (1+C) minus 1,

where

A is the percentage increase, if any, in the pension index for the year immediately following the designated transfer year over the pension index for the designated transfer year, multiplied by the ratio obtained by dividing the number of days between the designated transfer date and December 31 of the designated transfer year by 365,

B is the percentage increase, if any, in the pension index for the determination year over the pension index for the year immediately following the designated transfer year, and

C is the percentage increase, if any, in the pension index for the determination year over the pension index for the year preceding the determination year, multiplied by the ratio obtained by dividing the number of days between January 1 of the determination year and the determination date by 365.

"compensation" shall exclude compensation with the successor employer.

16.3.3 Subsection 1.2 — Pensionable Service

Pensionable service shall include an affected member's employment with the successor employer for purposes of determining the affected member's entitlement to a pension benefit, including the determination of pensionable age. Except for the purpose of the calculation of reduction in paragraph 5.3.4 and in the calculation of pensionable service in clause 9.2.1(b)(i), pensionable service shall exclude an affected member's employment with the successor employer for purposes of calculating the maximum permissible pension benefit.

16.3.4 Subsection 1.3 — Credited Service

Credited service shall exclude an affected member's employment with the successor employer.

16.3.5 Subsection 3.2 — Member Required Contributions

(a) 3.2.1 Current Service

An affected member is not required nor permitted to contribute to the Plan on and after the affected member's designated transfer date.

(b) 3.2.2 Past Service

AMENDMENTS TO THE BANK OF CANADA SUPPLEMENTARY PENSION ARRANGEMENT (BY-LAW NO. 18)

Whereas pursuant to section 15 of the Bank of Canada Act, the Board of Directors of the Bank has passed a by-law, By-law 18, to establish a Supplementary Pension Arrangement;

And whereas the Bank has the authority to amend its by-laws;

It is hereby resolved that the Bank of Canada's Supplementary Pension Arrangement, By-law 18, is hereby amended, with effect from the date of publication in the Canada Gazette, by adding the following as Section 15:

"Section 15 — Outsourcing of Retail Debt Operations

15.1 INTRODUCTION

The Bank of Canada has outsourced to EDS Canada Inc. (EDS) the Retail Debt Operations (RDO) while retaining overall responsibility for the retail debt function. Each affected member will cease to accrue credited service under the Pension Plan from the affected member's designated transfer date onward, but will still retain pension benefit rights under the Pension Plan and supplementary pension benefit rights under this Arrangement, if any, for credited service prior to this date.

For greater certainty, an affected member will remain an active member of the Pension Plan until the affected member ceases employment with EDS, and service with EDS will be included for purposes of determining entitlement to pension benefits under the Pension Plan and supplementary pension benefits under this Arrangement, if any.

Supplementary pension benefits, supplementary pension benefit credits, or any other benefits that an affected participant may be entitled to will be payable at the same time and in the same manner as the affected participant's pension benefits, pension benefit credits or any other benefits are payable under the Pension Plan, except as entitlement to such benefits may be modified or clarified in Section 15 of this Arrangement. However, any future amendment to provisions of Sections 1 to 14 of this Arrangement after the affected participant's designated transfer date, including an Early Retirement Program approved by the Board of Directors of the Bank of Canada after the designated transfer date, shall not apply to the affected participant unless explicitly otherwise indicated in such amendment.

15.2 APPLICATION AND ADDITIONAL DEFINITION

This Section 15 applies only to affected participants. Except as amended by this Section 15, all other provisions in Sections 1 to 14 of this Arrangement apply to the affected participants, mutatis mutandis. In the event of any inconsistency between any of the provisions in Sections 1 to 14 of this Arrangement and the provisions in this Section 15, the provisions in this Section 15 shall prevail.

For the purpose of this Section 15, the term "affected participant" means an affected member who has become a participant of this Arrangement pursuant to Section 2.

15.3 MODIFICATIONS AND CLARIFICATIONS OF EXISTING PROVISIONS

With respect to affected participants, the following provisions of this Arrangement shall be modified or clarified as follows:

15.3.1 General Modifications

The term "termination of employment" or "termination of employment with the Bank", or words of similar effect, shall be replaced by "termination of employment with the successor employer". The above modification does not apply to subsection 6.3.

15.3.2 Subsection 3.1 — Participant Required Contributions

(a) 3.1.1 Current Service

An affected participant is not required nor permitted to contribute to this Arrangement on and after the affected participant's designated transfer date.

(b) 3.1.2 Past Service

An affected participant who is required to contribute pursuant to paragraph 3.2.2 of the Pension Plan in respect of such affected participant's election prior to the designated transfer date shall continue to make contributions (if any) under paragraph 3.1.2 of this Arrangement in the manner previously determined, prior to the designated transfer date, by the Bank.

15.3.3 Subsection 14.2 — EBP Contribution

The Bank shall not be required nor permitted to make further contributions in respect of an affected participant under subsection 14.2 after the affected participant's designated transfer date."

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BAPTIST WORLD MISSION

RELOCATION OF HEAD OFFICE

Notice is hereby given that Baptist World Mission has changed the location of its head office to the Town of Milton, Province of Ontario.

October 1, 1997

WALTER ISAAK
Advisory Board Member

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BOMBARDIER CAPITAL RAIL INC.

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on August 14, 2001, the following documents were deposited in the Office of the Registrar General of Canada:

1. Memorandum of Lease (2001A-1) dated as of July 1, 2001, between Allfirst Financial Center National Association and Bombardier Capital Rail Inc.;

2. Memorandum of Indenture and Security Agreement (2001A-1) dated as of July 1, 2001, between Allfirst Financial Center National Association and Wilmington Trust Company;

3. Memorandum of Lease Supplement (2001A-1) No. 1 effective August 15, 2001, between Allfirst Financial Center National Association and Bombardier Capital Rail Inc.;

4. Memorandum of Indenture Supplement (2001A-1) No. 1 effective August 15, 2001, between Allfirst Financial Center National Association and Wilmington Trust Company; and

5. Memorandum of Lease Assignment (2001A-1) effective August 15, 2001, between Allfirst Financial Center National Association and Wilmington Trust Company.

August 29, 2001

MCCARTHY TÉTRAULT LLP
Solicitors

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THE CANADA LIFE ASSURANCE COMPANY

LONDON AND MIDLAND GENERAL INSURANCE COMPANY

PURCHASE AGREEMENT

Notice is hereby given, pursuant to section 254 of the Insurance Companies Act (Canada), that The Canada Life Assurance Company ("Canada Life") and London and Midland General Company ("London and Midland") intend to make application to the Minister of Finance (Canada) on or after August 17, 2001, and in accordance with the provisions of the Insurance Companies Act (Canada) for the Minister's approval of a purchase agreement between Canada Life and London and Midland in respect of a proposed transaction whereby Canada Life will acquire the Canadian "non-affiliate" affinity accidental death and dismemberment insurance operation of London and Midland.

A copy of the purchase agreement will be available for inspection by affected policyholders of the affinity operation during regular business hours at the head office of Canada Life, 330 University Avenue, Toronto, Ontario, for a period of 30 days following publication of this notice.

Affected policyholders of the affinity operation are entitled to a copy of the purchase agreement on request therefor in writing to : Craig Arthurs, Assistant Vice-President and Assistant General Counsel, The Canada Life Assurance Company, 330 University Avenue, Toronto, Ontario M5G 1R8.

Toronto, August 30, 2001

THE CANADA LIFE ASSURANCE
COMPANY

LONDON AND MIDLAND GENERAL
INSURANCE COMPANY

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THE CHASE MANHATTAN BANK OF CANADA

CHANGE OF NAME

Notice is hereby given that The Chase Manhattan Bank of Canada intends to make an application under section 215 of the Bank Act to change its corporate name to J.P. Morgan Bank Canada, and in French, Banque J.P. Morgan Canada.

Toronto, August 25, 2001

OSLER, HOSKIN & HARCOURT LLP
Solicitors

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DEPARTMENT OF NATURAL RESOURCES OF NOVA SCOTIA

PLANS DEPOSITED

The Department of Natural Resources of Nova Scotia hereby gives notice that an application has been made to the Minister of Fisheries and Oceans under the Navigable Waters Protection Act for approval of the plans and site of the work described herein. Under section 9 of the said Act, the Department of Natural Resources of Nova Scotia has deposited with the Minister of Fisheries and Oceans, and in the office of the District Registrar of the Land Registry District of Halifax, at 5151 Terminal Road, Halifax, Nova Scotia, under deposit number 28192, a description of the site and plans of the bridge structure replacement on access road leading to Rainbow Haven Beach Provincial Park and the Dartmouth Trap and Skeet Club in the said Provincial Park, at Cole Harbour, Nova Scotia.

And take notice that the project is presently being screened pursuant to the Canadian Environmental Assessment Act.

Written objections based on the effect of the work on marine navigation and on the environment as it relates to areas of federal responsibility should be directed, not later than one month from the date of publication of this notice, to the Regional Superintendent, Navigable Waters Protection Division, Canadian Coast Guard, Department of Fisheries and Oceans, Foot of Parker Street, P.O. Box 1000, Dartmouth, Nova Scotia B2Y 3Z8.

Halifax, August 31, 2001

DEPARTMENT OF NATURAL
RESOURCES OF NOVA SCOTIA

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ENVIRONMENTAL BUSINESS SOURCE

SURRENDER OF CHARTER

Notice is hereby given that Environmental Business Source intends to apply to the Minister of Industry for leave to surrender its charter, pursuant to the Canada Corporations Act.

August 31, 2001

BRIGITTE ROTH
President

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GATX RAIL CORPORATION

DOCUMENT DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on August 14, 2001, the following document was deposited in the Office of the Registrar General of Canada:

Notice of Merger dated July 31, 2001, of GATX Financial Corporation.

August 27, 2001

MCCARTHY TÉTRAULT
Solicitors

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GATX RAIL CORPORATION

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on August 17, 2001, the following documents were deposited in the Office of the Registrar General of Canada:

1. Lease Supplement No. VI (GATC 95-IE) dated as of June 28, 2001, between State Street Bank and Trust Company and GATX Rail Corporation;

2. Trust Indenture Supplement No. VI (GATC 95-IE) dated June 28, 2001, between State Street Bank and Trust Company and Bank One Trust Company, NA;

3. Bill of Sale and Partial Release (GATC 95-IE) dated June 28, 2001, between State Street Bank and Trust Company and Bank One Trust Company, NA;

4. Bill of Sale and Partial Release (GATC 96-2) dated September 14, 2000, between First Security Bank, N.A. and Bank One Trust Company, NA;

5. Bill of Sale and Recision (GARC 97-1) dated May 31, 2001, among State Street Bank and Trust Company of Connecticut, N.A., Bank One Trust Company, NA and General American Railcar Corporation;

6. Recision of Bill of Sale and Partial Release (GARC 97-1) dated May 31, 2001, among State Street Bank and Trust Company of Connecticut, N.A., Bank One Trust Company, NA and General American Railcar Corporation;

7. Lease Supplement No. 7 (GARC 97-2) dated May 31, 2001, between State Street Bank and Trust Company of Connecticut, N.A. and General American Railcar Corporation;

8. Trust Indenture Supplement No. 7 (GARC 97-2) dated May 31, 2001, between State Street Bank and Trust Company of Connecticut, N.A. and Bank One Trust Company, NA;

9. Bill of Sale and Partial Release (GARC 97-2) dated May 31, 2001, between State Street Bank and Trust Company of Connecticut, N.A. and Bank One Trust Company, NA;

10. Lease Supplement No. 3 (GARC 97-3) dated as of June 27, 2001, between State Street Bank and Trust Company of Connecticut, N.A. and General American Railcar Corporation;

11. Trust Indenture Supplement No. 3 (GARC 97-3) dated June 27, 2001, between State Street Bank and Trust Company of Connecticut, N.A. and Bank One Trust Company, NA;

12. Bill of Sale and Partial Release (GARC 97-3) dated June 27, 2001, between State Street Bank and Trust Company of Connecticut, N.A. and Bank One Trust Company, NA;

13. Lease Supplement No. 3 (GARC II 98-A) dated as of May 23, 2001, between GARC II 98-A Railcar Trust and General American Railcar Corporation II;

14. Trust Indenture Supplement No. 3 (GARC II 98-A) dated May 23, 2001, between GARC II 98-A Railcar Trust and State Street Bank and Trust Company; and

15. Bill of Sale and Partial Release (GARC II 98-A) dated May 23, 2001, between GARC II 98-A Railcar Trust Company and State Street Bank and Trust Company.

August 24, 2001

MCCARTHY TÉTRAULT LLP
Solicitors

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THE GLENGARRY AND STORMONT RAILWAY COMPANY

ANNUAL GENERAL MEETING

Notice is hereby given that the annual general meeting of the shareholders of The Glengarry and Stormont Railway Company will be held at 225 King Street W, Toronto, Ontario, on Wednesday, September 12, 2001, at 2 p.m., for the election of directors and the transaction for such other business that may properly come before the meeting.

Toronto, July 24, 2001

GLEN R. COPELAND
Secretary

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NAC REINSURANCE CORPORATION

CHANGE OF NAME

Notice is hereby given that NAC Reinsurance Corporation intends to make an application to the Superintendent of Financial Institutions, pursuant to section 576 of the Insurance Companies Act (Canada), to change the name under which it is authorized to insure risks to XL Reinsurance America Inc. effective January 9, 2001.

Toronto, June 11, 2001

STIKEMAN ELLIOTT
Solicitors

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NATIONAL RAILROAD PASSENGER CORPORATION

DOCUMENTS DEPOSITED

Notice is hereby given, pursuant to section 105 of the Canada Transportation Act, that on August 23, 2001, the following documents were deposited in the Office of the Registrar General of Canada:

1. Memorandum of Lease Supplement of Railroad Equipment (Amtrak Lease No. 01-A) dated as of August 24, 2001, between Orix Financial Services, Inc. and National Railroad Passenger Corporation; and

2. Memorandum of Sublease Supplement of Railroad Equipment (Amtrak Sublease No. 01-A) dated August 24, 2001, between National Railroad Passenger Corporation and Expresstrak, L.L.C.

August 27, 2001

MCCARTHY TÉTRAULT
Solicitors

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SASKATCHEWAN HIGHWAYS AND TRANSPORTATION

PLANS DEPOSITED

Saskatchewan Highways and Transportation hereby gives notice that an application has been made to the Minister of Fisheries and Oceans under the Navigable Waters Protection Act for approval of the plans and site of the work described herein. Under section 9 of the said Act, Saskatchewan Highways and Transportation has deposited with the Minister of Fisheries and Oceans, and in the office of the Prince Albert Land Registration District, at Prince Albert, Saskatchewan, under deposit number O1PA13124, a description of the site and plans of a proposed bridge on Highway No. 3 over Greenbush River, approximately 20 km west of Hudson Bay, Saskatchewan.

Written objections based on the effect of the work on marine navigation should be directed, not later than one month from the date of publication of this notice, to the Superintendent, Canadian Coast Guard, Department of Fisheries and Oceans, 201 Front Street N, Suite 703, Sarnia, Ontario N7T 8B1.

Regina, August 20, 2001

RON STYLES
Deputy Minister

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THE SUMITOMO MARINE AND FIRE INSURANCE COMPANY, LIMITED

MITSUI MARINE AND FIRE INSURANCE COMPANY, LIMITED

CHANGE OF NAME

Notice is hereby given that in connection with the proposed merger of The Sumitomo Marine and Fire Insurance Company, Limited and Mitsui Marine and Fire Insurance Company, Limited, the aforementioned companies intend to make an application to the Superintendent of Financial Institutions of Canada, pursuant to section 576 of the Insurance Companies Act, to change the name under which they insure risks to Mitsui Sumitomo Insurance Company, Limited.

Toronto, August 31, 2001

THE SUMITOMO MARINE AND FIRE INSURANCE
COMPANY, LIMITED

JANICE TOMLINSON
Chief Agent

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WILLIAM MOAR MACDONALD

PLANS DEPOSITED

William Moar Macdonald hereby gives notice that an application has been made to the Minister of Fisheries and Oceans under the Navigable Waters Protection Act for approval of the plans and site of the work described herein. Under section 9 of the said Act, William Moar Macdonald has deposited with the Minister of Fisheries and Oceans, and in the office of the District Registrar of the Land Registry District of Queens, at Charlottetown, Prince Edward Island, under deposit number 11945, a description of the site and plans of the breakwater in the East Hillsborough River, at Stratford, in front of lot numbers 482273 and 444059.

And take notice that the project is presently being screened pursuant to the Canadian Environmental Assessment Act.

Written objections based on the effect of the work on marine navigation and on the environment as it relates to areas of federal responsibility should be directed, not later than one month from the date of publication of this notice, to the Regional Superintendent, Navigable Waters Protection Division, Canadian Coast Guard, Department of Fisheries and Oceans, Foot of Parker Street, P.O. Box 1000, Dartmouth, Nova Scotia B2Y 3Z8.

Charlottetown, August 28, 2001

WILLIAM MOAR MACDONALD

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