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Exempt from
Pre-Publication
and Approved
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Statutory Authority
&
Regulatory Plan Listing
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Honey Regulations,
amendment
(SOR/97-304,
OIC 1997-898); Honey Fees Order
(SOR/97-305)
The proposed Order and accompanying regulatory
amendments would establish fees for the inspection and
certification of honey and the registration of
establishments that prepare honey.
In place of the current free inspection and
registration services, the Order establishes the
following fees:
- an annual registration fee of $100 for
producer-graders;
- an annual registration fee of $200 for honey
packers and $400 for pasteurizers;
- a fee of $150 per shipment for honey exported, for
the issuance of an export certificate or for
inspection of honey being exported;
- a fee of $5 per shipment or 1 cent per kilogram,
whichever is greater, for inspection of imports.
The proposed fees are expected to cost the honey
sector some $160,000 in annual fees, or just under 20% of
recoverable costs.
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Canada Agricultural Products Act, R.S., c. 20
(4th Supp.)
Published in the 1996 Plan under the heading "Cost
Sharing"
To be published in Canada Gazette July 23, 1997
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Amendments to the Honey Regulations are also
being proposed concurrently, to make appropriate
references to the new fees prescribed by the Minister;
they also revoke the mandatory requirement for export
certification.
The proposed publications were prepublished in the
Canada Gazette, Part I on Feb. 8, 1997 (see Regulatory
Affairs, Vol. 3, No. 5, Feb. 9, 1997, p. 1). As a
result of comments from smaller producer/packers, the
registration fee for packing establishments was reduced
from $400 to $200.
Contact: R. Carberry,
Acting Director, Dairy, Fruit and Vegetable Division,
Canadian Food Inspection Agency, 59 Camelot Drive,
Nepean, Ontario, K1A 0Y9. Tel: 613-225-2342, ext. 4727;
Fax: 613-990-0607; e-mail: rcarberry@em.agr.ca.
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Fresh Fruit and Vegetable Remission Order, 1997
(SOR/97-306,
OIC 1997-899)
The Order remits all or part of the customs duties on
certain quantities of imported fruits and vegetables for
further processing, imported by Canadian food processors
to fill shortages of domestically grown fruits and
vegetables brought about by poor crop conditions or other
factors.
The remission of some $371,838.98 in customs duties
serves to offset the additional costs of importing and
assists the processors in maintaining their market share
and utilizing their production capacity.
The Order amends: Schedule I to the Customs
Tariff (Parts 1 to 4 of the Order); Schedule II as
set out in Part 5 of the schedule to the Order; and the
Customs Duties Reduction or Removal Order, 1988 (Part 6
of the schedule to the Order).
Beneficiaries of the remission order are: Carriere
Foods Inc., Nabisco Brands Ltd., Snowcrest Packers Ltd.,
and Strub Brothers Limited. Among the vegetables and
fruits covered are asparagus, green beans, cucumbers,
peaches, pears and strawberries. Remissions are set out
in a Schedule and cover specified imports in one of two
years, 1995 and 1996.
Contact: Paul Robichaud, International Trade Policy
Division, Department of Finance, Ottawa, Ontario, K1A
0G5. Tel: 613-992-2510.
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Customs Tariff, section 101
FIN/97-13
To be published in Canada Gazette July 23, 1997
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National Parks Cottages Regulations, amendment
(SOR/97-307,
OIC 1997-900)
The amendment allows for the reconstruction of a
cottage that is destroyed or damaged by a natural or
accidental cause to its original floor area.
The amendment corrects a situation where the existing
regulations would have prevented a cottage built in the
Waterton Lakes National Park and later destroyed by fire
from being reconstructed to its original size. The
cottage had been built before the regulations came into
effect. The regulations subsequently had the effect of
restricting the construction of the replacement cottage
to a floor area considerably smaller than its original
dimensions.
For housekeeping purposes, the Regulations are also
being amended to update the reference to the National
Building Code, which must be met in undertaking any
cottage development in a park. A provision is also added
to require compliance with the National Fire Code.
The principle amendment allows for the reconstruction
of all pre-regulation cottages in the cottage areas in
all national parks to their original floor areas in the
event of fire or other accidental causes.
Contact: Gerard Doré, Chief, Legislative and
Regulatory Affairs, National Parks Directorate, Parks
Canada, 4th Floor, 25 Eddy Street, Hull, Quebec, K1A 0M5.
Tel: 819-953-7831; Fax: 819-994-5140.
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National Parks Act, subsection 7(1)
Not included in Regulatory Plan
To be published in Canada Gazette July 23, 1997
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The Appointment of certain persons to the
Department of Agriculture and AgriFood Order and
Regulations
(SOR-97-308,
OIC 1997-901)
The Order is intended to facilitate the appointment,
for a specified period, of persons from outside the
Public Service to positions at the Horticulture Research
and Development Centre in Saint-Jean-sur-Richelieu and at
the Lethbridge Research Centre.
This will be accomplished by excluding such
appointments from the operation of section 10 of the
Public Service Employment Act respecting selection
according to merit and subsections 29(3), 30(1) and (2),
and 39(3) and (4) of the Act and from the operation of
any regulations made under paragraph 35(2)(a)of the Act
respecting the consideration of persons with priority
entitlements.
The individuals are being used by private sector
collaborators with the Department of Agriculture and
Agri-Food who are undertaking collaborative research.
Persons are recruited primarily for technician (KG)
and general labour (GL) positions and also for research
scientist (SE-RES) and biologist (BI) positions.
The special treatment will be available on an
experimental basis for some two years at the two research
centers.
The Department anticipates making some 375
appointments each year of the two-year pilot project.
Contact: Michel Lajoie, Project Leader, Staffing
Policy and Program Development Directorate. Tel:
613-992-4530.
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Public Service Employment Act, subsections
37(1) and 41(1)
Not included in Regulatory Plan
To be published in Canada Gazette July 23, 1997
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Employment Insurance
Regulations, amendment
(SOR/97-309,
OIC 1997-902)
This amendment to paragraph 12(1)(a) of the
Employment Insurance Regulations will include
weeks of income support under The Atlantic Groundfsh
Strategy (TAGS) as labour force attachment for the
purpose of determining whether someone applying for
employment insurance benefits is a new entrant or
re-entrant.
Not afforded the special treatment are TAGS support
for early retirement for self-employed and other fishers
and plant workers.
The changes will apply to benefit periods established
after the effective date of this amendment July 3, 1997)
and prior to January 4, 1998.
Under the Employment Insurance (El) legislation,
persons who have had minimal attachment to the
labour-force in the two years preceding an application
for benefits are considered to be new entrants or
re-entrants and require additional hours, or additional
earnings in the case of self-employed fishers, to qualify
for benefits. A person employed under a contract of
service, including plant workers and some fishers,
requires 910 hours, and a self-employed fisher requires
$5,500 in earnings from employment as a fisher.
To avoid being a new entrant or re-entrant, in the
year preceding the qualifying period, a claimant must
have accumulated 490 hours of labour force attachment.
For self-employed fishers, $3,000 from fishing also
satisfies the labour force attachment requirement. Labour
force attachment includes earnings and hours from
employment, as well as unemployment benefits, approved
training and employment measures, workers' compensation.
The Atlantic Groundfsh Strategy (TAGS) was announced
on April 19, 1994, to provide income support and
adjustment programs for fishers and plant workers
affected by the east coast groundfish crisis.
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Employment Insurance Act, paragraphs 7(4)(c)
and 54(z.4)
Not included in Regulatory Plan
To be published in Canada Gazette July 23, 1997
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Since the beginning of the program, some workers have
participated in approved training, employment and
counselling programs which will be considered labour
force attachment for purposes of Employment Insurance.
However, some workers received income support but were
unable to find employment outside the fishing industry.
This amendment to paragraph 12(1)(a) of the Regulations
will include weeks of income support under TAGS as labour
force attachment, other than support for early retirement
for self-employed and other fishers and plant workers.
The cost of Employment Insurance benefits payable to
fishers and plant workers who will qualify as a result of
this amendment is estimated to be $3 to $6 million in
1997-1998.
Contact: Doris Beaman, Senior Policy Advisor,
Insurance Policy, Human Resources Development Canada, 140
Promenade du Portage, Hull, Quebec, K1A 0J9. Tel:
819-997-8626; Fax: 819-953-9381.
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Employment Insurance
Regulations, amendment (Administrative Changes)
(SOR/97-310,
OIC 1997-903)
The amendments include a number of minor
administrative changes, as well as two substantive
changes to the Family Supplement; they also expand
coverage of Armed Forces reservists and federal election
workers.
More specifically, the amendments include changes:
- to ensure that all people who work in the Armed
Forces reserves are included in insurable employment.
Previously, members of the reserves were not covered
unless they worked 30 days in a year. Reservists will
now be covered from the first hour they work and the
first dollar they earn.
- to ensure that, when their weekly benefit rate is
calculated, claimants are credited with wages unpaid
by reason of the bankruptcy of their employer. Under
these measures, the money is allocated to the weeks
when the unpaid work was performed. The hours worked,
but unpaid, are still insurable hours and will be used
towards setting up an El claim.
- to clarifies the meaning to be given the term
"disqualified" when it is used to describe a
prescribed week which is used for two purposes: to
extend the Rate Calculation Period and to define a
claimant as a new entrant and/or re-entrant for
purposes of establishing a benefit period. The change
reinstates the wording and the status quo from the
former legislation.
- to ensure, by way of the Family Supplement
provisions in section 34 of the Regulations, that the
family supplement calculation retains a direct
connection to the Child Tax Benefit (CTB). The link
under the current regulation is limited to the level
of the CTB as of June 30,1996 including any amendments
as announced in the March 1996 Budget. The 1997
Budget, however, amended this proposal. Instead of
calculating a Working Income Supplement (WIS) level
per family, the amount of the WIS will be changed as
of July 1997 to an amount level per child. The
estimated expenditures in regard to the WIS changes
that were announced in the 1996 budget will remain the
same under the 1997 Budget. An amendment to subsection
34(2) is needed to reflect the fact that the changes
proposed in the 1996 Budget are replaced by changes in
the 1997 Budget.
- It is estimated that the costs of extending
coverage to reservists will be under $5 million, but
this expansion of coverage will assist part-time
workers by their being abler to use this employment
towards establishing a claim for El benefits.
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Employment Insurance Act, paragraphs 5(6)(e)
and 7(4)(c), subsection 14(4) and sections 16, 54 and 167
Not included in Regulatory Plan
To be published in Canada Gazette July 23, 1997
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- to correct a one dollar difference in the starting
point of the scale upon which the right to a family
supplement of weekly benefit rate is assessed.
- to provide for a means of converting 1996 or
earlier insured weeks into insured hours when, after
January 5, 1997, one is considering the possible
termination of a disqualification on a voluntary quit
that happened before June 30, 1996. The change does
the same thing as the existing section 94.1, but can
apply to these cases of quitting that occurred before
June 30, 1996 and so are thus still covered by the
provisions in the old UI Act and Regulations;
it also changes the number of weeks required to
terminate the disqualification from weeks to hours.
Contact: Glenn Ramsay, Senior Policy Advisor Policy
and Legislation Development Insurance, Human Resources
Development Canada, 140 Promenade du Portage, 11th Floor,
Ottawa, Ontario, K1A 0J9. Tel: 819-994-6044; Fax:
819-953-9381.
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Government Employee Land Acquisition Order
(SOR-97-311,
OIC 1997-904)
This Order will grant the following employee authority
to acquire an interest in territorial lands located in
the Yukon Territory:
- Shane Allan Oakley, an employee of the Department
of Indian Affairs and Northern Development, to
purchase, for commercial and residential purposes, the
whole of a parcel of land near kilometre 1643 of the
Alaska Highway, Y.T. Highway No. 1, and adjoining Lot
1048 in Quad 115 A/13.
Contact: Ian Sneddon, Chief, Land Management
Division, Department of Indian Affairs and Northern
Development, Les Terrasses de la Chaudière, 10
Wellington Street, Ottawa, Ontario, K1A 0H4. Tel: 819-997
9090.
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Territorial Lands Act, paragraph 29(1)(a)
INAC/96-R-5-I;
INAC/97-R-2-I
To be published in Canada Gazette July 23, 1997
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Small Business Loans Regulations, 1993, amendments
(SOR-97-312,
OIC 1997-905)
The amendment provides for a modification to the
French version of subsection 12(4) by altering the French
word "marginal" to "maximal" and thus to have the French
version correspond with the English version of 12(4).
The house-keeping change was recommended by the Joint
Standing Committee for the Scrutiny of Regulations.
Contact: Henry R. Juelich, Manager, Policy Small
Business Loans Adm. Directorate, Programs and Services
Branch, Industry Canada, 235 Queen Street, Ottawa,
Ontario, K1A 0H5. Tel: 613-954-5539.
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Small Business Loans Act, section 7
Not included in Regulatory Plan
To be published in Canada Gazette July 23, 1997
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Statutory Instruments Regulations, amendments
(SOR/97-314,
OIC 1997-928)
The amendment repeals section 16 of the Regulations.
The change is a result of a recent initiative by the
Department of Justice to revise the consolidated index of
regulations, to indicate amendments to regulations on a
section-by-section basis. This will allow readers to
easily determine the legislative history of any
regulatory provision, and in particular to determine
whether a provision of a regulation is up-to-date or has
been recently amended. The index now also indicates the
titles of regulations and Acts in both official
languages.
With the changes, the description of the existing
format of the consolidated index of regulations in
section 16 of the Regulations is no longer required.
Contact: Jacques Desjardins, Deputy Chief
Legislative Counsel (Regulations), Department of Justice,
222 Queen Street, Ottawa, Ontario, K1A 0H5. Tel:
613-957-0087; Fax: 613-941-1193.
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Statutory Instruments Act
Not included in Regulatory Plan
To be published in Canada Gazette July 23, 1997
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Canadian Wheat Board
Regulations, amendment
(SOR/97-315,
OIC 1997-929)
The amendment establishes a higher initial payment for
the base grade of barley (an increase of $8 per metric
tonne) for the 1996-97 crop year.
If producers deliver 2 million tonnes of dry barley
during the 1996-97 crop year, the initial payment
adjustment would be worth $16-million in additional grain
receipts.
More specifically:
"1. Subsection 26(3)1 of the Canadian
Wheat Board Regulations is replaced by the following:
(3) The Board shall pay to producers selling and
delivering barley produced in the designated area to the
Board the following sums certain per tonne basis in
storage Vancouver or Lower St. Lawrence, in respect of
the grade No. 1 Canada Western:
(a) $145 for straight barley;
(b) $131 for tough barley;
(c) $124.50 for damp barley;
(d) $140 for straight barley, rejected, account
stones;
(e) $126 for tough barley, rejected, account stones;
and
(f) $119.50 for damp barley, rejected, account stones.
Coming Into Force
2. These Regulations come into force on July 7, 1997."
Contact: Craig Fulton,
Commerce Office, Grains and Oilseeds Division,
International and Industry Services Branch, Agriculture
and Agri-Food Canada, Sir John Carling Building, 930
Carling Avenue, Ottawa, Ontario, K1A 0C5. Tel:
613-759-7698; Fax: 613-759-7499.
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Canadian Wheat Board Act,
sections 32, 47 and 61; Canadian Wheat Board
Regulations, section 9
Not included in Regulatory Plan
To be published in Canada Gazette July 23, 1997
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Pre-Published and Approved
With comments or changes
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Statutory Authority
&
Regulatory Plan Listing
|
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Processed Products
Regulations, amendment I.D. No. 95008(P2) (Cost Recovery)
(SOR/97-300,
OIC 1997-896); Processed Products Fees Order
(SOR/97-301)
The amendments make administrative changes necessary
to implement new fees implemented by the Minister of
Agriculture and Agri-Food (under the Order), for services
provided to processors of fruit and vegetable products by
the Canadian Food Inspection Agency.
The approved fees apply to the following services:
- for the inspection of a Registered Establishment
and for inspection of processed products in the
establishment. The new fee will be either $2,710 or
$850, with payments in four equal installments (a
certificate is currently issued at no charge);
- for the registration of an establishment
qualifying for reduced inspection service, a fee of
$625 for a low-acid food and $300 for a non low-acid
food plant;
- for the inspection of imported processed products.
The new fee would be $11 (compared to the $16
proposed) for each import shipment of food products;
- for the issuing of Export Certificates, a fee of
$150 per certificate requested; and
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Financial Administration Act, paragraphs
19(1)(b) and 19.1(b); Order in Council P.C. 1995-325;
Canada Agricultural Products Act, R.S.,c. F-20 (4th
Supp.)
Published in the 1996 Plan under the heading "Cost
Sharing"
To be published in Canada Gazette July 23, 1997
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- for the review and registration of labels
(different fees are proposed, depending on the work
involved).
As a result of comments following prepublication of
the proposed fees, the Regulations were amended to
provide operators with a mechanism to apply to the
Director of the Dairy Fruit and Vegetable Division for
reduced inspection service status and provide the
Director with authority to grant such status based on
criteria that includes:
- the size of the establishment and its equipment;
- the nature and volume of production in the
establishment;
- the production scheduling practices of the
establishment including seasonality of production: and
- the inspection record of the establishment. if
any. and the service provided to similar
establishments.
The proposal was prepublished in the Canada Gazette,
Part I on Dec. 7, 1996 (see Regulatory Affairs,
Vol. 2, No. 47, pp. 1-2, December 10, 1996.
Contact: R. Carberry,
Acting Director, Dairy, Fruit and Vegetable Division,
Canadian Food Inspection Agency, 59 Camelot Drive,
Nepean, Ontario K1A 0Y9. Tel: 613-225-2342, Extension
4727; Fax: 613-990-0607; E-mail: rcarberry@em.agr.ca.
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Maple Products
Regulations, amendment (Cost Recovery)
(SOR/97-302,
OIC 1997-897); Maple Products Fees Order
(SOR/97-303)
The Order and accompanying regulatory amendments
establish fees for services provided to producers and
packers of maple products by the Canadian Food Inspection
Agency.
In place of the current free inspection and
registration services, the Order establishes the
following fees:
- an annual registration fee of $40 for operators of
sugar bushes and $210 for packers or shippers of maple
products; a fee of 3 cents per kilogram of product
exported or a minimum of $50 per certificate issued,
to a maximum of $250; The cap on the export fee was
one result of negotiations following prepublication of
the proposed fees.
- per shipment for honey exported, for the issuance
of an export certificate or for inspection of honey
being exported.
The proposal was prepublished in the Canada Gazette,
Part I on Dec. 14, 1996.
The existing Maple Products Regulations provide
an exemption for shipments of 20 litres of maple syrup or
5 kilograms of other maple products from the import,
export and interprovincial trade provisions of the
Regulations. This exemption has been raised to 100 litres
of maple syrup and 25 kilograms of other maple products.
Shipments up to these limits will not be subject to
export inspection or fees.
For other export shipments of prepackaged retail size
containers of maple products it was recommended and
agreed that "block inspection" would be carried out prior
to export on easily identifiable lots in a warehouse up
to a maximum lot size of 40,000 kg. For a maximum fee of
$250, shippers may request export certificates on
sub-lots from the "block" for a 60 day period following
the "block inspection".
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Canada Agricultural Products Act, R.S., c. 20
(4th Supp.); Financial Administration Act
Published in the 1996 Plan under the heading "Cost
Sharing"
To be published in Canada Gazette July 23, 1997
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Mandatory export inspection will be phased out over
two years. Beginning January 1, 1998, maple packers who
have ISO 9002 certification will be exempted from export
inspection. Effective January 1, 1999, export inspection
will become non-mandatory for all.
The proposed fees are expected to cost the maple
products sector some $90,000 in annual fees, or some 27%
of recoverable costs.
Contact: R. Carberry,
Acting Director, Dairy, Fruit and Vegetable Division,
Canadian Food Inspection Agency, 59 Camelot Drive,
Nepean, Ontario K1A 0Y9. Tel: 613-225-2342, Extension
4727; Fax: 613-990-0607; E-mail: rcarberry@em.agr.ca.
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Food and Drug Regulations,
amendment (Schedule 923)
(SOR/97-314,
OIC 1997-928)
This regulatory amendment introduces the "Interim
Marketing Authorization" (IMA) concept, to allow a food
not in compliance with the Regulations to be marketed
while an amendment to permit its on-going legal sale is
being processed
Contact: Director, Bureau of Food Regulatory,
International and Interagency Affairs, A.L. 0702C, Health
Canada, Ottawa, Ontario, K1A 0L2; Tel: 613-957-1828; Fax:
613-941-3537.
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Food and Drugs Act, section 30
HCan/95-29-O-I
To be published in Canada Gazette July 23, 1997
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