June 23, 1998
Proposed Regulations |
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Health of Animals Regulations, amendmentThis amended Regulations would introduce a number of changes with respect to the controls on animal and animal products being imported into Canada.
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With respect to restricted feeder cattle, the amendments would:
The restricted feeder regulations allow the importation of feeder cattle from American herds from those States that meet control criteria for bovine tuberculosis and from those that have achieved freedom from brucellosis under the U.S. national eradication program. Importation of restricted feeder cattle is seasonally restricted to limit the risk associated with vector-borne bluetongue and anaplasmosis. To further mitigate the risk of introducing anaplasmosis to Canada, restricted feeders must be treated with antibiotics as specified in the import protocol. The risk assessment indicates that the risk of importing disease in treated cattle is equivalent or less than importing disease in tested cattle. Many of the changes would make it easier for U.S. feeder cattle to move from northern states such as Montana into the prairie provinces instead of more southern states. |
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Plant Breeders' Rights Regulations, amendmentThis regulatory amendment provides for prescribing all species of plants, excluding algae, bacteria and fungi. The amendment would replace the current practice, which limits the categories of plants eligible for protection of rights for new, distinct varieties, with priority given to those species of importance to Canada. Currently, some 39 crops are eligible for special protection; these are prescribed by regulation.
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Canada Occupational Safety and Health Regulations, amendmentThis regulatory amendment would eliminate an exemption for large trucks from earlier regulations lowering exposure levels to noise by truck operators. More specifically, it would establish a prescribed noise limit of 87 dBA in any 24 hour period, down from 90 dBA. Reducing sound exposure levels is estimated to cost between $500 to $2,000 for trucks exceeding the proposed new, lower sound levels. |
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Regulations Prescribing Certain Firearms and other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or RestrictedThe proposed regulations would prescribe certain prohibited or restricted weapons, replacing Prohibited Weapon Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, as well as the Restricted Weapons Order and the Cartridge Magazine Control Regulations. The Regulations would cover weapons, firearms, devices and ammunition. Part 1 covers prohibited paramilitary firearms (the Velmut Hunter would be deleted from the list and the Taser Public Defender and the SSS-1 Stinger have been moved to other lists); Part 2 covers restricted paramilitary firearms; Part 3 covers prohibited weapons, other than firearms (pepper spray is prohibited if it can be used in incapacitate people, including smaller pepper spray devices; an exception is made for products designed top control wild animals and restricted to a capacity of 225 grams or less); Part 4 covers prohibited devices; and Part 5 lists prohibited ammunition. The proposed Regulations are to come into effect October 1, 1998. |
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Regulations Prescribing Antique FirearmsAntique firearms are deemed by subsection 84(3) of the Criminal Code not to be firearms for the purposes of the Firearms Act. They are exempt from licensing, registration and border requirements and other regulatory controls, although they are still firearms if they are used in the commission of an offence. These Regulations provide a precise description of those rim-fire and centre-fire firearms for which the ammunition is no longer commonly available and which may therefore be included within the antique firearms class. In most cases the description starts by including all rim-fire or centre-fire firearms manufactured before 1898 and then excludes those which discharge ammunition which is commonly available. The Regulations also add to the class of "antiques" certain modern reproductions of antique models of firearms, because their technology is obsolete and as a result they present the same low level of risk to public safety as those actually manufactured before modern firearms technology was developed. These are reproductions of flintlock, wheel-lock and matchlock firearms. This means that the reproductions commonly used by historical re-enactors will enjoy the same exemptions as the antique firearms covered by the current definition. |
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The proposed Regulations are to come into effect October 1, 1998. |
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Regulations Prescribing Exclusions from Certain Definitions of the Criminal Code (International Sporting Competition Handguns)These Regulations exclude handguns and barrels for use in international shooting competitions governed by the rules of the International Shooting Union. To accomplish this, the Regulations set out a specific list, by calibre, make and model, of handguns excluded from the prohibited firearms class, and exclude from the class of prohibited devices, barrels which are components or parts of such handguns. The Regulations will thus allow Canadian athletes to participate in international competitions and allow Canada to host sanctioned shooting competitions. The proposed Regulations are to come into effect October 1, 1998. |
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Regulations Prescribing Public OfficersThese proposed Regulations would prescribe a number of classes of public employees who would be exempt from certain controls on the firearms regime. More specifically, the exempt classes would include:
The proposed Regulations are to come into effect October 1, 1998. |
Exempt from Pre-Publication |
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Migratory Birds Regulations, amendment (SOR/98-343, OIC 1998-1116)The Regulations amends Schedule I to establish hunting season dates for 1998, to establish the number of migratory game birds that may be taken or possessed during those dates, and to re-define certain hunting districts.
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Newfoundland Fishery Regulations, amendment (SOR/98-344, OIC 1998-1117)These amendment establish a new definition of "artificial fly". The new definition establishes that the artificial fly must be comprised of a single, barbless hook. It is also reworded to better establish the exclusion of spinners, spoons and baited or weighted hooks, as intended in the original definition. |
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The amendments also correct a term in the definition of "ecriteau" or "avis" in the French version of the Regulations, replacing "fonctionnaire des pecheries" with the term "agent des peches". The new definition of "artificial fly" is required as part of the Department's management efforts to conserve the Atlantic salmon. Reduced numbers of salmon were recorded in the waters of Newfoundland and Labrador last year. The salmon fishing season begins in June. |
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Alpine Joe Sportswear Remission Order, 1998 (SOR/98-345, OIC 1998-1118)This Order remits the customs duties on up to 13,716 metres (15,000 linear yards), annually, of certain 4-thread twill fabrics imported by Alpine Joe Sportswear Ltd. for use in the manufacture of uniform or hiking pants and shorts and bicycle touring shorts. The Canadian International Trade Tribunal, which reviewed a request for relief by Alpine Joe (Report No. TR-96-006), concluded that remission would not result in any direct or indirect costs to domestic fabric producers, so long as quantitative limits were set on the imported fabric. |
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Order Amending the Schedule to the Customs Tariff, 1998-2 (SOR/98-346, OIC 1998-1119)The Order Amending the Schedule to the Customs Tariff, 1998-2, introduces a number of tariff reductions on imported manufacturing inputs. The amendments also repeals Tariff item Nos. 4010.12.20, 4010.19.20, 5209.43.00 and 7314.49.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff as well as tariff item Nos. 5209.43.00 and 7314.49.00 on the List of Intermediate and Final Rates for Tariff Items of the "F" Staging Category set out in the schedule. Amended are Description of Goods of tariff item Nos. 2106.90.10, 3921.19.10, 3921.90.11, 3921.90.91, 3923.90.10, 3926.90.10, 5407.10.10, 5911.10.20, and 7607.19.10. The estimate of revenue foregone to the Government as a result of this Order is approximately $1,113,800. |
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Income Tax Regulations, amendment (Part XXX) (SOR/98-347, OIC 1998-1121)These amendments prescribe a provincial Act for the purposes of subparagraph 241(4)(j.1)(ii) of the Income Tax Act (ITA), namely An Act Respecting Family Benefits, S.Q. 1997, c. 57 in respect of the province of Quebec. These regulations allow Revenue Canada to communicate to provincial officials the information needed to make adjustments to provincial benefits paid in respect of children under the prescribed act. |
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Subsection 241(4) of the ITA provides exceptions to the prohibition against the communication of information obtained in the administration of the Act. By prescribing the provincial act the amendments ensure that taxpayer information may be communicated by Revenue Canada to provincial officials for the purposes of making adjustments to benefits paid out under that provincial act. The communication of information and adjustment are made as part of the National Child Benefit System announced in the 1997 Budget. The amendments come into force on the later of the coming into force of subparagraph 241(4)(j.1)(ii) of the ITA and July 1, 1998. |
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Cold Lake Airport Zoning Regulations, amendment (SOR/98-350, OIC 1998-1140)These miscellaneous amendments, made to respond to comments made by the Standing Joint Committee for the Scrutiny of Regulations, are technical in nature. These specific changes include:
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Federal Book Rebate (GST/HST) Regulations (SOR/98-351, OIC 1998-1141)The Regulations lists in a schedule the charities and qualifying non-profit organizations which are eligible under section 259.1 of the Excise Tax Act for a 100% rebate of the goods and services tax, or federal portion of the harmonized sales tax, paid on printed books, audio recordings of printed books, and printed versions of religious scriptures. The effect of the Regulations is to permit the prescribed charities and qualifying non-profit organizations to claim the rebate. The change is estimated to cost less than $1 million. The organizations listed include: Action Read Community Literacy Centre of Guelph, Conseil pour l'enseignement de la lecture aux analphabetes de Montréal, Core Literacy Center, Waterloo Region Inc., Friends of the Fredericton Public Library Inc., Haldimand-Norfolk Literacy Council, Journeys Education Association Inc., Le Centre La Magic Des Lettres Ottawa Inc., Literacy Council of South Temiskaming, Literacy Society of South Muskoka, North Algoma Literacy Coalition, Organization for Literacy in Lambton, Peel Adult Learning Network, Prince Edward Learning Centre, Project Literacy Victoria, Quinte Literacy Group, Stevenson-Britannia Community Resource Centre, and Winnipeg Volunteer Reading Aides Inc. |
Excise Tax Act, paragraph (f) in subsection 259.1(1), section 277 |
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The Regulations are deemed to have come into effect October 24, 1996.
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Fish Meal Remission Order, 1998 (SOR/98-352, OIC 1998-1142)This Order remits the duty on imports of fish meal, retroactive to June 6, 1991 and up to May 31, 1999. Fish meal is a protein product primarily used as a feed ingredient in the poultry, livestock, and fish farming industries. Over the past few years, domestic production of fish meal has been insufficient to meet demand, and has decreased as a result of the moratorium on fishing for cod and flat fish. In view of the increasing demand, Canadian imports of fish meal increased in 1997 to $66 million from 1991 imports of $11 million. Imports of fish meal are dutiable at 3% under the Most-Favoured-Nation (MFN) Tariff, but are Free under the General Preferential Tariff (GPT). Until recently, imports of fish meal have had to be briefly stored in the United States prior to delivery to Canada because handling facilities for these goods were inadequate in Canada. As a result, transshipping the goods through the United States outside of Customs' control nullified eligibility for the Free GPT rate. Since this technical breach was beyond the control of importers, the fish meal was allowed to enter the country duty-free. Now that the fish meal industry has been able to largely convert to compartmentalized cargo containers that can be handled in Canadian ports, the majority of imports now qualify for duty-free GPT treatment. The Order will lapse on May 31, 1999 to allow an assessment of the need for its continuation beyond that date. Revenue foregone in customs duties as a result of this Order would be approximately $1.8 million. |
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Contraventions Regulations, amendment (SOR/98-353, OIC 1998-1143)This amendment adds a number of new contraventions, providing a simplified alternatives to Criminal Code prosecutions for federal offences under the National Parks Domestic Animals Regulations. The contraventions include grazing without a permit, keeping cattle, sheep, pigs, goats, poultry in a park, failing to have a domestic animal under physical control, keeper of a domestic animal permitting the animal to injure another animal or person, and failure to pick up feces. |
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Medical Devices Fees Regulations, repeal (SOR/98-342, OIC 1998-1074)The Order repeals the Regulations, effective July 1, 1998. The Regulations will be replaced by new Medical Devices Fees Regulations. With the revocation of the current Medical Devices Regulations, manufacturers of Part V medical devices will no longer be required to submit an application for and hold a notice of compliance to import or sell a medical device in Canada. Consequently, manufacturers wilt no longer be required to pay the fees for the service provided by Health Canada for the examination of applications for notices of compliance. |
Pre-Published and ApprovedNo comments or changes |
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Lancaster Sound Designated Area Regulations, amendment (SOR/98-349, OIC 1998-1133)The Regulations prescribe the area of Exploration Licence 297 located in Lancaster Sound so that the Minister of Indian Affairs and Northern Development may extend the term of the exploration licence by nine years, by way of a separate Ministerial Order. The extension protects the rights of the holders of the exploration licence. Exploration activity, however, would not proceed without an environmental review. The exploration licence would be subject to the Nunavut Land Claims Settlement Agreement. When the revised Lancaster Sound [North Baffin] Regional Land Use Plan is approved, the Nunavut Planning Commission will be responsible for determining whether the proposed activity conforms to the land use plan and exploration activity will be authorized only after appropriate environmental screening has been conducted. Without the Regulation, which comes into effect June 18, the exploration licence would expire July 14, 1998. |
Pre-Published and Approved |
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Safety Management Regulation (SOR/98-348, OIC 1998-1129)The new regulation ensures that Canada meets its international obligations with respect to certification of Canadian Convention ships and ensures International Safety Management (ISM) Code compliance for foreign ships entering and operating in waters under Canadian jurisdiction. |
Canada Shipping Act , section 314, paragraph 657(1)(e) and (k) and subsection 657(2) |
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The Regulation were required to be in effect by July 1, 1998, the implementation date of new Chapter IX of the Annex to the Safety of Life at Sea Convention (SOLAS) 1974, which incorporates the new ISM Code. The ISM Code becomes mandatory internationally for convention ships by July 1, 1998 for all passenger ships, including passenger high speed craft; and for oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft of 500 tons gross tonnage and over. The Regulations list organizations recognized for the purpose of implementing Chapter IX of the Safety Convention. The Regulations are unchanged from those prepublished in the Canada Gazette Part I on March 28, 1998. |
Ministerial OrdersApproved |
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Technical Amendments Order (Customs Tariff) 1998-3 (SOR/98-340); Technical Amendments Order (Customs Tariff) 1998-4 (SOR/98-341)The Orders correct a number of clerical, typographical and transposition errors and omissions in the nomenclature and rate structure of the new Customs Tariff by:
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