June 11, 1998
Proposed Regulations |
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Farm Improvement and Marketing Cooperatives Loans and Fees Regulations, 1997The Regulations replace the The Farm Improvement and Marketing Cooperatives Loans and Fees Regulations, which are repealed, and make a number of improvements to the regime under the Farm Improvement and Marketing Cooperatives Loans Act (FIMCLA), a federal government loan loss indemnification program designed to increase the availability of loans for the purpose of the improvement and development of farms and the processing, distribution or marketing of farm products by cooperative associations. The substantive changes from the previous regulations would:
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Farm Improvement and Marketing Cooperatives Loans Act, sections 4, 6, 10, 12 and 15 |
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The registration fee payable by the borrower for loans guaranteed under the Act will increase from the current 0.5 percent of the loan amount to 0.85 percent of the loan amount. This increase is necessary in order to offset the borrowers' share of the increased level of defaults expected as a result of the increase in the program cap from $1.5 to $3 billion, and to cover program operating costs. The new regulations come into effect on the date on which they are registered. |
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Canadian Aviation Regulations (Part IV), amendmentThe amendments add CARs 400.06 (Extension of Validity Period), to provide the Minister with the authority to extend the validity period of a medical certificate, instrument rating or flight instructor rating. The accompanying Standards (421.49 -- Renewal of Instrument Rating, 421.66 -- Renewal of Flight Instructor Rating, 421.85 -- Period of Validity, 421.89 -- Period of Validity and 424.04 -- Extension of Medical Validity) will establish the conditions under which such an extension shall be granted. An amendment to CARs 401.10 (Crediting of Flight Time Acquired by a co-pilot) and the associated Standard re-establishes regulations governing limitations on crediting of co-pilot time toward total flight time requirements. CARs 401.11 (Airline Transport Licence -- Training Program and Recording of Time) and its associated Standard are being amended to include provisions relating to the recording of the flight time acquired by a co-pilot while acting as pilot-in-command under supervision currently in CARs 401.10 and to ease requirements for the acquisition of pilot-in-command under supervision flight time. The new regulations come into effect on the date on which they are registered. |
Exempt from Pre-Publication |
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Special Appointment Regulations, No. 1998-6 (SOR/98-317, OIC 1998-950)The regulation makes the following appointment and exempts the appointment from the application of the Public Service Employment Act, except sections 32, 33 and 34, while the appointee is in the position: |
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Special Appointment Regulations, No. 1998-7 (SOR/98-328, OIC 1998-991)The regulation makes the following appointment and exempts the appointment from the application of the Public Service Employment Act, except sections 32, 33 and 34, while the appointee is in the position: |
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Special Appointment Regulations, No. 1998-8 (SOR/98-330, OIC 1998-996)The regulation makes the following appointment and exempts the appointment from the application of the Public Service Employment Act, except sections 32, 33 and 34, while the appointee is in the position: |
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Special Appointment Regulations, No. 1998-9 (SOR/98-331, OIC 1998-998)The regulation makes the following appointment and exempts the appointment from the application of the Public Service Employment Act, except sections 32, 33 and 34, while the appointee is in the position: |
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Atlantic Fishery Regulations, 1985, amendment (SOR/98-322, OIC 1998-959)The amendment changes the fee per metric tonne used to calculate the cost of a licence for fishing for Northern shrimp in the waters off northeastern Newfoundland and Labrador, which are referred to by the Department as Shrimp Fishing Areas 1 to 6 (SFAs 1 to 6). In all other areas of the Atlantic, an allocation management system is used whereby the total allowable catch (TAC) of shrimp is divided and allocated among all the shrimp fishing licence holders. The fee for these licences is calculated at $66.50 per metric tonne of allocated quota. In SFAs 1 to 6, the larger part of the TAC was allocated in the same way as in other areas of the Atlantic. Shrimp fishers in SFAs 1 to 6, however, could fish competitively for the remainder of the TAC, the competitive quota, and thereby catch more shrimp than the allocated quota stated on their licence. The benefit of access to this competitive quota was accounted for by calculating the fee for the licence at $75.00 per metric tonne of allocated quota. In 1997, the competitive quota of Northern shrimp was converted to an allocation quota. The cost of a licence for fishing for shrimp in SFAs 1 to 6 continued to be calculated using the $75.00 per metric tonne rate. Since the rationale to charge a higher fee for Northern shrimp relative to shrimp in other fishing areas no longer held, fishermen requested a reduction in the fee used to calculate the cost of their licences to the same rate of $66.50 per tonne charged in other areas. |
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Robert Alarie Remission Order (SI/98-75, OIC 1998-965)This Order remits a GST rebate to which the taxpayer became disentitled because he relied on a misleading departmental publication. The Order remits to Robert Alarie an amount, not exceeding $4,537.62, of the tax paid by him under the Excise Tax Act in respect of the construction of a residence and in respect of which no rebate is payable, on condition that within a reasonable time he file with the Minister, in a form acceptable to the Minister, an undertaking to withdraw and not to institute any action or other proceeding of any kind. |
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Order declining to set aside or to refer back to the CRTC Certain Decisions (SI/98-76, OIC 1998-990)By this Order, the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, declines to set aside or to refer Decisions CRTC 98-76, 98-77 and 98-78 of March 13, 1998 back to the Canadian Radio-television and Telecommunications Commission. CRTC 98-76 and 98-77 amended the broadcasting licences of the direct-to-home pay-per-view (DTH PPV) television programming undertakings of, respectively, Allarcom Pay Television Limited and 3379868 Canada Inc. (operating under the name Viewer's Choice Canada) by removing the condition of licence requiring the licensee to purchase non-proprietary rights for feature films from Canadian distributors and by removing also the condition of licence requiring the licensee to ensure that the gross pay-per-view revenues earned by any feature film would be equally split three ways among itself, the licensee of the DTH distribution undertaking, and the rights holder. CRTC Decision 98-78 amended the broadcasting licence of the direct-to-home pay-per-view (DTH PPV) television programming undertaking of Canal Indigo by removing the condition of licence requiring the licensee to purchase non-proprietary rights for feature films from Canadian distributors. |
Pre-Published and ApprovedNo comments or changes |
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Atlantic Pilotage Authority Regulations, amendment (SOR/98-326, OIC 1998-966)The amendments to subsection 14(2) and 18(2) decrease pilotage certification requirement from 12 to 4 one-way trips for three less difficult areas: Bay of Exploits and Humber Arm in Newfoundland and Confederation Bridge in Prince Edward Island. The current requirement for an applicant for a pilotage certificate to complete at least 12 one-way trips in the relevant compulsory pilotage waters within the two year period prior to sitting a pilotage certificate exam remains in place for 11 other more difficult pilotage areas in the Atlantic area. |
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Pre-Published and Approved |
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Order Respecting the Remission of a Portion of the Customs Duties and Excise Taxes on Imports of Certain Woolen Fabrics, amendment (SOR/98-323, OIC 1998-960); Remission Order Respecting Imports of Goods Originating in Commonwealth Developing Countries, amendment (SOR/98-324, OIC 1998-961); Regulations Respecting the Customs Duty Payable on Woolen Fabrics Originating in Commonwealth Countries, amendment (SOR/98-325, OIC 1998-962)The recently terminated British Preferential Tariff (BPT) was Canada's only preferential tariff that required direct shipment without transshipment to Canada (with certain very limited exceptions). As a transition mechanism to the BPT termination, a number of Orders in Council were approved to maintain equivalent tariff rates for certain imported goods previously subject to the BPT until such time as the preferential rates are matched by the Uruguay Round Most-Favoured-Nation (MFN) tariff rate reductions or by 2004, whichever comes first. The amendments to these Orders relax the shipping requirements under the above-noted transition mechanism and bring them in line with those of Canada's developing countries preferential regimes. This will permit direct shipment with transshipment in accordance with section 17 of the Customs Tariff, which essentially would allow goods to be shipped through an intermediary country provided, among other conditions, the goods remain in customs transit control in the intermediate country. The Orders also maintained the restrictive shipping requirements under the former BPT treatment. |
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Atlantic Pilotage Authority Regulations, 1996, amendment (SOR/98-327, OIC 1998-967)For compulsory pilotage areas, the amendments increase tariff charges in areas that are losing money and decrease tariff charges in those areas that exceed the established rate of return. For non-compulsory pilotage areas, the rates contained in Section 1 1 and Schedules I and VI of the Regulations are increased by 2.5%. In addition, the amendments change charges for the use of a pilot boat and also various miscellaneous charges such as trial trips, compass adjustments, safety watches and cancellations. The new charges prescribed in these amendments more closely reflect the actual cost of providing pilotage services and this is particularly evident in the case of the miscellaneous charges. |
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The amendments were prepublished in the Canada Gazette, Part I, on October 18, 1997. They do not apply to the Port of Clarenville, Newfoundland, which is no longer a compulsory pilotage area. |
Ministerial Orders |
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Canada Grain Regulations, amendment (SOR/98-333)The amendment makes a number of changes to the grading for various cereals. More specifically, the regulations amend:
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Criminal Procedure Rules of the Supreme Court of the Northwest Territories (SI/98-78)These Rules apply to all proceedings, within the jurisdiction of the Court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such proceedings, including service of documents, pretrial proceedings, trial proceedings and evidence. They are designed to simplify procedures and eliminate unjustifiable costs and delays. The following rules are also repealed:
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Distillery Departmental Regulations, amendment (SOR/98-334)The current Regulations provide for a credit entry when spirits are returned to in-bond stock, which is based on the number of litres of absolute ethyl alcohol at 20°C. However, the excise duty on spirit products containing less than 7% alcohol by volume is based on the litres of product. Consequently, these products are not eligible for the credit that is based on litres of absolute alcohol. This amendment extends the provision to allow all spirits that are to be returned to in-bond stock to be eligible for a credit, based on the rate of duty paid at the time it was removed from bond. The amendment also incorporates record-keeping requirements concerning the production and disposition of specially denatured and denatured alcohol, which are currently provided for in the Denatured Alcohol Regulations. Given that only licensed distillers can manufacture specially denatured alcohol, the record-keeping requirements are more appropriately included with the other record keeping requirements for distillers. In addition, record-keeping requirements regarding strip stamps are being revoked as the Department no longer produces and sells strip stamps to licensed distillers. The amendment addresses a concern of the Standing Joint Committee for the Scrutiny of Regulations. The record-keeping requirement for abatements that is currently contained in the Distillery Regulations is outside the scope of the regulation-making power of the Governor in Council as this authority rests with the Minister. As a result, this requirement is being transferred from the Distillery Regulations to the Distillery Departmental Regulations. The amendment also makes editorial changes to make them easier to read and understand. |
Excise Act, sections 31 and 127.1, subsection 143(2) and section 149 |
Domestic Substances List, amendment (SOR/98-335)The amendment adds 3 substances to Part I and 4 microorganisms to Part IV of the Domestic Substances List (DSL). More specifically, the additions to Schedule I are:68911-13-7, 147977-83-1, and 148906-95-0. The additions to schedule IV are: 11685-3 Bacillus subtilis strain, 13540-4 Peanibacillus polymyxa strain, 13563-0 Bacillus amyloliquefaciens strain, and 13637-2. The Order comes into effect on June 10, 1998.
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Domestic Substances List, amendment (SOR/98-336)The amendment adds 16 substances to Part I, replaces two confidential substances (13255-7 and 13556-2) in Part II, and adds 47 substances to Part II of the Domestic Substances List (DSL). The Order comes into effect on June 10, 1998.
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