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Regulatory Affairs

VOL. 4, No. 17

May 26, 1998

Tracking Federal Regulatory Initiatives

Highlights:

Proposed Regulations

Penalties for non-compliance with airport fire-fighting requirements proposed

Ministerial Orders, Approved

Increased air service charges at federal airports authorized
Additions to Domestic Substances List approved

Proposed Regulations

for Pre-Publication in Part I, Canada Gazette

Statutory Authority

Canadian Aviation Regulations (Part I), amendment

These proposed Regulations would establish monetary penalties which may be assessed, by the Minister, for regulatory noncompliance with the regulations governing aircraft fire-fighting services at airports and aerodromes.

These provisions would be added to the existing schedule in Subpart 103 (Administration and Compliance) of Part I (General Provisions) of the Canadian Aviation Regulations (CARs). They will follow Subpart 102 (Airports) of Part III (Aerodromes and Airports) of the schedule.

The maximum penalty for individuals ranges from $1,000 to $5,000, for corporations from $5,000 to $25,000,depending on the relevant subsection.

The Aircraft Fire Fighting at Airports and Aerodromes regulations introduced requirements for the provision of fire-fighting services at Canadian airports and aerodromes; they came into force on December 1, 1997.

Contact: Chief, Regulatory Affairs, AARBH, Transport Canada Safety and Security, Place de Ville, Tower C, Ottawa, Ontario, K1A 0N8. Tel: 613-993-7284 or 1-800-305-2059; Fax: 613-990-1198.

Aeronautics Act , subsection 4.4(2)

Published in Canada Gazette May 23, 1998

Ministerial Orders

Approved

Statutory Authority

Air Services Charges Regulations, amendment (SOR/98-298)

The Regulations impose charges for the use of air facilities or services provided by or on behalf of the Minister.

With this amendment, the Department of Transport is continuing with graduated user charge increases within a framework that gradually brings local revenues in line with local costs over the next two years. This gradual approach to achieving financial self-sufficiency began with site-specific fee increases in 1996 and again in 1997. These local costs are also the subject of local consultations in which the airport sizing and levels of service provided are determined by local demands.

The expected additional revenue is some $4.8 million on a full-year basis, representing about a 11.6% increase over existing levels. The increases have been capped at any airport at $2.50 per enplaned/deplaned passenger, with one exception, Schefferville Airport.

At Schefferville, the increase is $3.12 per enplaned/deplaned passenger; a doubling of the landing charges was agreed to by airlines if the Department agreed to restore the runway.

In addition to the landing, general terminal and aircraft parking fee increases mentioned above, the following changes are also made:

the special landing charges applicable to international flights making refueling stops at Gander are increased to $6.11 from $5.68 on the first 30 000 000 kg in accumulated weight landed, to $5.14 from $4.71 on the next 14 800 000 kg in accumulated weight landed, and to $4.75 from $4.32 on any weight in excess of 44 800 000 kg in accumulated weight landed;

the loading bridge charge at Quebec (Jean-Lesage) Airport is increased to $80 from $61 for each connection of an aircraft to the loading bridge;

the loading bridge charge at Regina Airport is increased to $60 from $54 for each 90minute period or portion thereof that an aircraft is connected to the loading bridge; and

references to Kamloops, Kapuskasing, Moncton, Springbank, Sydney, Thunder Bay and Yarmouth airports have been removed from the Regulations as these airports have been transferred to local control and as such are no longer subject to these Regulations. In addition, subsequent to the pre-publication of this amendment, additional airports were officially transferred to local interests. Therefore, references to North Bay, Pitt Meadows, Sault Ste. Marie, and Stephenville airports, also have been removed from the Regulations.

The last amendment to these Regulations became effective March 1, 1998 with SOR/98-110. The amendment was required because the responsibility for on-site protective policing and security services were transferred from the Royal Canadian Mounted Police (RCMP) to local airport operators, effective July 1, 1997. The costs associated with the provision of the security services were reviewed, and it was decided to recover those additional costs through an increase in the general terminal charges at Halifax International Airport. The impact of that increase was expected to be approximately $0.40 per enplaned/deplaned passenger.

The amendment was pre-published in the Canada Gazette Part I, on March 14, 1998.

The amendments come into force June 1, 1998.

Contact: Dan Cogliati, Director, Cost Recovery, Department of Transport, Place de Ville, Tower C, 22nd Floor, Ottawa, Ontario, K1A 0N5. Tel: 613-993-5769; Fax: 613-991-4410.

Aeronautics Act , subsection 4.4.2; Ministerial Regulations Authorization Order, section 2

To be published in Canada Gazette June 10, 1998

Domestic Substances List, amendment (SOR/98-299)

The amendment adds 9 substances to Part I and 4 substances to part III of the Domestic Substances List (DSL).

More specifically, the additions to Schedule I are: 93-70-9; 10048-98-3; 13450-99-2; 39318-69-9; 68038-16-4; 68132-60-5; 68425-72-9; 148691-66-1; and 176085-99-7.

The additions to Part III are: Escherichia hermanii, ATCC 700368; Pseudomonas aeruginosa, ATCC 700371; Pseudomonas aeruginosa; ATCC 700370; and Pseudomonas putida, ATCC 700369.

The Order comes into effect on May 22, 1998.

Contacts: Gordon Stringer, A/Head, New Substances Notification Section, New Substances Division, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec, K1A 0H3. Tel: 819-953-9348; Arthur Sheffield, A/Director, Regulatory and Economic Assessment, Regulatory Affairs and Program Integration Directorate, Department of the Environment, Hull, Quebec K1A 0H3. Tel: 819-953-1172.

Canadian Environmental Protection Act , subsection 25(1)

To be published in Canada Gazette June 10, 1998

Domestic Substances List, amendment (SOR/98-300)

The amendment adds 39 substances to Part I of the Domestic Substances List (DSL).

More specifically, the additions to Schedule I are:126-57-8T; 25820-49-9N; 29383-53-7T; 52019-35-9N; 57900- 16-0N; 67761-95-9T; 67762-03-2T; 67763-14-8N; 68139-73-1N; 68155-99-7T; 68309-49-9N; 68425-76-3T; 68492-67-1T; 68526-04-5T; 68585-02-4T; 68604-88-6T; 68647-85-8T; 68928-89-2T; 70425-47-7T; 89956-86-5T; 114267-10-6N; 125542-63-4T; 128781-92-0T; 131298-44-7T; 136016-63-2N; 136392-67-1T; 136445-84-6N; 143925-92-2T; 148878-17-5T; 151789-11-6T; 159964-30-4T; 159964-32-6T; 159964-33-7T; 172201-25-1N; 174662-93-2T; 183681-09-6T; 184785-41 -9T; 190085-37-1 N; and 201687-59-4T

The Order comes into effect on May 22, 1998.

Contacts: Gordon Stringer, A/Head, New Substances Notification Section, New Substances Division, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec, K1A 0H3. Tel: 819-953-9348; Arthur Sheffield, A/Director, Regulatory and Economic Assessment, Regulatory Affairs and Program Integration Directorate, Department of the Environment, Hull, Quebec K1A 0H3. Tel: 819-953-1172.

Canadian Environmental Protection Act , subsection 30(1)

To be published in Canada Gazette June 10, 1998