Proposed
Regulations
for
Pre-Publication in Part I, Canada Gazette
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Statutory
Authority
|
Regulations
Respecting the Election of Directors of the Canadian Wheat
Board
The
proposed regulations set out the rules for the election of
the directors of the Canadian Wheat Board to implement
changes made under An Act to amend the Canadian Wheat Board
Act.
Under
those changes, a 15-member Board of Directors, including a
chairperson and a president, will be set up to direct and
manage the affairs of the Canadian Wheat Board (CWB). This
new management structure will replace the current structure
which consists of not fewer than three and not more than
five commissioners appointed by the Governor in Council and
10 directors are to be elected by producers.
The
proposed regulations deal with the various aspects of the
election of the producer directors, including eligibility of
prospective candidates, geographic distribution of members,
staggering of terms, voter qualifications, the number of
signatures which should be required on nomination papers,
spending limits for candidates and third parties, and the
electoral districts.
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Canadian
Wheat Board Act , section 306
Published in
Canada Gazette July 25, 1998
|
- Contact: Donald Adnam,
Deputy Director, International Markets Analysis, Grains
and Oilseeds Division, Market and Industry Services
Branch, Agriculture and Agri-Food Canada, Sir John
Carling Building, Ottawa, Ontario K1A 0C5, (613)
759-7640; and David Byer, Legal Counsel, Justice Canada,
Agriculture and Agri-Food Canada, Sir John Carling
Building, Ottawa, Ontario K1A 0C5, (613) 759-7880.
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Migratory
Birds Regulations, amendment
The
proposed amendment will allow for falconry hunting across
Canada where the area is designated by a province or
territory as an area in which persons may hunt with the aid
of raptors.
Currently, the Migratory Birds Regulations permit the
hunting of migratory birds with raptors in Prince Edward
Island, Saskatchewan, Alberta and British Columbia. This
method of hunting has had little impact on bird populations
in these provinces.
The
proposed amendment will enable the provinces and territories
to designate zones within their jurisdictions in which
hunting with raptors may occur. For example, the government
of Ontario has replaced its Game and Fish Act with the Fish
and Wildlife Conservation Act, which permits the designation
of areas for hunting with raptors, in order to be able to
provide for this method of hunting when the proposed
amendment to the federal Regulations is finalized.
Similarly, in March 1998, the government of Manitoba amended
its Wildlife Act to provide for hunting with raptors.
The
proposed amendment was prompted by requests from hunters and
other interested parties, including the Ontario Hawking
Club.
- Contact: Susan Masswohl,
Regulatory Analyst, Program Analysis and Coordination
Division, Canadian Wildlife Service, Environment Canada,
Ottawa, Ontario, K1A 0H3. Tel: 819-953-8582; Fax:
819-953-6283; e-mail: Susan.Masswohl@ec.gc.ca
|
Migratory Birds
Convention Act, 1994, section 12
Published in
Canada Gazette July 25, 1998
|
Preliminary
Screening Requirement Regulations; Exemption List
Regulations
The
proposed regulations implement a commitment by the federal
government under the Gwich'in Comprehensive Land Claim
Agreement and the Sahtu Dene and Metis Comprehensive Land
Claim Agreement, signed respectively on April 22, 1992, and
September 6, 1993, to establish an integrated land and water
regulatory system in the Mackenzie Valley. This system
includes an environmental assessment and review (EAR)
process.
The
regulations are necessary to implement the EAR process
established by the Mackenzie Valley Resource Management Act
(MVRMA).
The
Preliminary Screening Requirement Regulations enumerate
provisions of statutes and regulations which require a
regulatory authority to conduct a preliminary screening
before delivering a permit, licence or other authorization
for a proposed development "an undertaking carried out on
land or water" in the Mackenzie Valley.
The
Preliminary Screening Requirement Regulations are divided
into two schedules: Schedule 1 comprises a federal list of
some 100 provisions of statutes and regulations; Schedule 2
covers some 20 provisions of statutes and regulations of the
Northwest Territories.
The
Exemption List Regulations would exclude certain activities
from a preliminary screening because they are considered not
to have any significant adverse impact on the environment.
Schedule 1 itemizes, in a general list, 39 activities;
Schedule 2 covers nine activities within national parks,
national park reserves and national historic site areas.
|
Mackenzie
Valley Resource Management Act, sections 124(1) and
143(1)(b)
Published in
Canada Gazette July 25, 1998
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|
The two
regulations have been modeled on, and work in a similar
fashion to, the Canadian Environmental Assessment Act (CEAA)
Law List Regulations and the Exclusion List Regulations.
Where a
proponent requires a permit, licence or authorization
identified in the Preliminary Screening Requirement
Regulations, the regulatory authority conducts an
examination unless the proposed development is exempted by
the Exemption List Regulations. Where the federal or
territorial government or the Gwich'in or Sathu First Nation
proposes a development not requiring a permit, licence or
authorization, such as a wolf kill, the Government or the
First Nation must undertake the same examination unless it
determines its impact on the environment to be manifestly
insignificant or it is an activity listed in the Exemption
List Regulations.
The
Government (federal, territorial or local), the Gwich'in or
Sahtu First Nation or the Environmental Impact Review Board
(the Review Board) has an overriding power to refer a
development for an environmental assessment.
Differences between the Mackenzie Valley Preliminary
Screening Requirement Regulations and the CEAA Law List
Regulations are as follows:
- (a) update of statutes and
regulations proclaimed since October 7, 1994, e.g. Canada
Transportation Act, S.C., 1996;
- (b) removal of provisions
of statutes and regulations that apply outside the
Mackenzie Valley, e.g. the Yukon Waters Act, or that do
not trigger the MVRMA, such as federal funding, granting
of a right or transfer of lands that do not call for "a
development", as defined in the MVRMA; and
- (c) inclusion of Northwest
Territories statutes and regulations.
Differences between the Mackenzie Valley Exemption List
Regulations and the CEAA Exclusion List Regulations are as
follows:
- (a) removal from the
exemption list of low-level activities considered highly
sensitive to the North, e.g. a drainage structure;
- (b) removal of a CEAA
threshold of an exempted activity which is considered to
be captured by other thresholds and is duplication, for
example the removal of the "30 metres distance" threshold
where modifications to, or maintenance of, an existing
building occur. It is felt that the threshold "no release
of waste in a water body" is sufficient; and
- (c) addition of a
threshold to an exempted activity where additional
conditions are considered necessary; for example, an
activity would be exempted only if it does not require a
land use permit.
The
mining industry supports, in principle, the legislation but
is somewhat concerned about matters flowing from the land
claims (e.g., the over-riding powers of First Nations,
Government and the Review Board to refer a development
otherwise exempted).
Mackenzie
Valley First Nations who do not have land claims agreements
oppose, in principle, the application of the legislation and
the regulations to their regions without their consent. This
opposition reflects First Nations' concerns that the
application of this legislation and regulations will
constrain the outcome of negotiations on assertion of treaty
land entitlement, comprehensive land claim or
self-government negotiations.
- Contact: Will Dunlop,
Department of Indian Affairs and Northern Development,
Ottawa, Ontario, KIA 0H4. Tel: 819-994-7468; Fax:
819-953-0335. Jacques Deneault, Department of Indian
Affairs and Northern Development, Ottawa, Ontario, K1A
0H4. Tel: 994-7462; Fax: 819-953-0335.
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Yukon Quartz
Mining Land Use Regulations; Yukon Placer Mining Land Use
Regulations
The
proposed two new Regulations would establish the rules for
initiating and carrying out environmental reviews of mining
projects under the Yukon Quartz Mining Act and the Yukon
Placer Mining Act.
More
specifically, the Yukon Quartz Mining Land Use Regulations
(YQMLURs) and the Yukon Placer Mining Land Use Regulations
(YPMLURs) describe, in detail, how the environmental
management regime would work and the responsibilities and
obligations of both the Yukon mining industry and government
administrators.
The new
proposed regulations follow amendments to the two mining
Acts which were introduced in Parliament on March 4, 1996,
as Bill C-6, to create the authority to regulate exploration
and mining activities in the Yukon. The legislation, which
received Royal Assent on November 28, 1996, provides an
approval process for all mining projects which may have a
significant environmental impact.
The
YQMLURs and Part II of the Yukon Quartz Mining Act apply to
lands under mineral claim held by entry or lease under that
Act. The YPMLURs and Part II of the Yukon Placer Mining Act
apply to claims or land on which a lease has been granted.
The extent of regulating land use operations is based on the
level of activity and resulting environmental impact of
individual projects. These levels are classified as Classes
I, II, III, and IV with threshold activities which identify
the Class of any exploration program.
The
threshold or criteria used are similar to the Territorial
Land Use Regulations used on lands other than mineral
claims. Class I includes only those activities below the
first threshold. Class I activities require no approval, but
must comply with prescribed operating conditions set out in
the regulations. Class II activities require prior
notification and approval by a federal authority. Class III
activities require the advance submission and approval of a
detailed operating plan. Class IV activities require an
operating plan and require public notification and, in some
cases, public consultation.
The
thresholds for the Classes relate to specific activities
which are normally conducted during mineral exploration such
as the number of persons in a campsite, the number of cubic
metres of trenching, the number of square metres of
stripping, the number of kilometres of road construction,
vehicle weights and the number of kilometres travelled and
the capacity of fuel storage facilities. Exceeding any
threshold for a Class moves the activity into a higher Class
with more stringent approval requirements.
In
addition to requiring operators on mining claims to meet
minimum operating conditions related to their land use
activities during exploration and mining, operators will
have to pay a fee for a Class II Notification, a Class III
or IV operating plan, an amendment to an operating plan, and
for an assignment of such an operating plan. The legislation
provides for the posting of security to ensure mitigation of
adverse environmental effects of their activities and
provides for operators to compensate the government for
necessary expenditures to undertake the mitigation where the
operator is unable to do so. The cost will now be borne by
the mining industry.
- Contact: Bob Whittingham,
Mining Advisor, Mining Legislation and Resource
Management, Department of Indian Affairs and Northern
Development, Les Terrasses de la Chaudière, 10
Wellington Street, Ottawa, Ontario, K1A 0H4. Tel:
819-994-6416.
|
Yukon Quartz
Mining Act, section 12; Yukon Placer Mining Act, section
116
Published in
Canada Gazette July 25, 1998
|
Food and
Drug Regulations (Schedule F), amendment
The
proposed amendment will adding 25 new drug substances to
Part I. In addition, amendments will be made to correct the
French spelling of the drug Polysulfated glycosaminoglycan
and the omission of the drug cyclophosphamide from the
French version of Part I of Schedule F to the Regulations
(SOR/95-546).
The
changes are described in a Notice published in the Canada
Gazette, Part I.
Subject
to the final approval of the Governor in Council, it is
proposed that the following drug substances be added to
Schedule F:
- Anagrelide and its salts:
Anagrelide is a platelet-reducing agent that is indicated
in the management of patients with thrombocytosis at risk
of thrombotic complications.
- Amfebutamone and its
salts: Amfebutamone is an antidepressant that is
indicated for the symptomatic relief of depressive
illness.
- Brimonidine and its salts:
Brimonidine tartrate ophthalmic solution is indicated for
the control of intraocular pressure in patients with
chronic open-angle glaucoma and to control the
post-operative intraocular pressure spikes in patients
undergoing laser ocular surgery.
- Carbetocin and its salts:
Carbetocin is a long-acting analogue of the pituitary
hormone oxytocin that is used to stimulate contractions
of the postpartum uterus to prevent uterine atony and
postpartum hemorrhage.
- Cerivastatin and its
salts: Cerivastatin is one of a new class of
lipid-lowering compounds that reduce the production of
cholesterol in the body.
- Emedastine and its salts:
Emedastine difumarate is a benzimidazole derivative
developed for the treatment of allergic
conjunctivitis.
- Fosfomycin and its salts:
Fosfomycin tromethamine is an antibacterial indicated for
single dose oral therapy in women with uncomplicated
urinary tract infections.
- Irbesartan and its salts:
Irbesartan is an angiotensin II AT1 receptor blocker used
in the treatment of essential hypertension.
- Mibefradil and its salts:
Mibefradil hydrochloride is a new type of calcium channel
blocker that is used for the treatment of patients with
renal or essential hypertension and for the management of
chronic stable angina pectoris.
- Montelukast and its salts:
Montelukast is a new leukotriene receptor antagonist
indicated for the prophylaxis and chronic treatment of
asthma including prevention of day and nighttime symptoms
in adult and pediatric patients 6 years of age and
older.
- Nadroparin and its salts:
Nadroparin is a low molecular weight heparin that is used
for the treatment of deep vein thrombosis and pulmonary
embolism.
- Naratriptan and its salts:
Naratriptan hydrochloride is an indole derivative that is
used in the acute treatment of migraine headache attacks
with or without aura.
- Nelfinavir and its salts:
Nelfinavir mesylate is an inhibitor of the human
immunodeficiency virus (HIV) protease that is used for
the treatment of HIV infection in combination with
reverse transcriptase inhibitor nucleoside
analogues.
- Pramipexole and its salts:
Pramipexole is a new non-ergot dopamine agonist indicated
for the symptomatic treatment of Parkinson's
disease.
- Quetiapine and its salts:
Quetiapine is a new antipsychotic agent that is indicated
for the acute treatment of schizophrenia.
|
Food and Drugs
Act
Published in
Canada Gazette July 25, 1998
|
- Raloxifene and its salts:
Raloxifene hydrochloride is a selective estrogen receptor
that is indicated for the prevention of osteoporosis in
postmenopausal women.
- Rivastigmine and its
salts: Rivastigmine tartrate is an anticholinesterase
indicated for the symptomatic treatment of patients with
mild to moderate Alzheimer's disease.
- Tamsulosin and its salts:
Tamsulosin is the first of a new class of drugs indicated
for the treatment of the signs and symptoms of benign
prostatic hyperplasia.
- Tizanidine and its salts:
Tizanidine is an imidazoline derivative, which acts as an
agonist at alpha2 adrenergic receptor sites.
- Tolcapone: Tolcapone is
used for the treatment of Parkinson's disease.
- Tolterodine and its salts:
Tolterodine is a competitive muscarinic receptor
antagonist used in the management of symptoms of
overactive bladders, characterized by urgency, frequency
and urge incontinence.
- Toremifene and its salts:
Toremifene is used for the treatment of hormone-dependent
metastatic breast cancer in postmenopausal women. The
safe and effective use of toremifene requires that
patients receive individualized instructions and
assessments by a medical practitioner.
- Valsartan and its salts
and derivatives: Valsartan is an angiotensin II AT1
receptor blocker used in the treatment of mild to
moderate essential hypertension.
- Zafirlukast and its salts:
Zafirlukast is a leukotriene receptor antagonist used for
the prophylaxis and chronic treatment of asthma in adults
and children 12 years of age and older.
- Zolmitriptan and its
salts: Zolmitriptan is an indole derivative that is used
for the acute treatment of migraine headache attacks with
or without aura.
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Canada
Cooperatives Regulations
The
proposed Regulations, required as a result of the addition
to the Canada Cooperatives Act ("The Coops Act") of
provisions borrowed from the Canada Business Corporations
Act (CBCA), are very similar to the Canada Business
Corporations Regulations (SOR/79-316), as amended.
The
regulations are divided into eight parts, as follows:
- Part 1, Electronic
Transmission: This regulation establishes the regulatory
framework for electronic transmission of documents,
notices and other information for the purposes of the
Act. This includes transmission of information by and to
a cooperative.
- Part 2, Corporate Names:
The Coops Act does not allow cooperatives to be
incorporated with names that are prohibited. These
regulations describe names that are prohibited as
cooperative names(e.g., a proposed name that is confusing
with an existing trade name or trade mark is
prohibited).
- Part 3, Proxies and Proxy
Solicitation: These regulations establish the content and
form of the proxy, and the content of the management
proxy circular and the dissident's proxy circular
required by the Coops Act to be sent to shareholders when
soliciting proxies. Proxy documents must be sent to the
investment shareholders before an investment
shareholders' meeting and must be filed with the
Director. Investment shareholders are holders of shares
in the capital of a cooperative which are not membership
shares.
|
Canada
Cooperatives Act, section 372
Published in
Canada Gazette July 25, 1998
|
- Part 4, Financial
Disclosure: These regulations list the financial
statements that must be sent to members and shareholders
and, if required, filed with the Director. The financial
statements must at least include (a) a balance sheet, (b)
a statement of retained earnings, (c) an income statement
and (d) a statement of changes in financial position.
They must also be prepared in accordance with the
generally accepted accounting principles as set out in
the Handbook of the Canadian Institute of Chartered
Accountants.
- Part 5, Constrained Share
Cooperatives: The Coops Act permits cooperatives to
constrain or restrict the issue, transfer or ownership of
investment shares to persons who are not resident in
Canada in order to comply with any prescribed law to
receive a benefit, such as a licence, permit or grant.
These regulations establish disclosure requirements,
issue and transfer restrictions, and voting rights
related to constrained investment shares. They also
prescribe the laws under which a cooperative can
constrain investment shares.
- Part 6, Rules of Procedure
for Applications for Exemptions: The Coops Act allows
cooperatives and other interested parties to apply for an
exemption from complying with certain provisions. For
example, the Director can exempt a cooperative from
sending a form of proxy and proxy circular to
shareholders and can authorize a cooperative to dispense
with an audit committee. The regulations set out the
application procedure and the rights of the
applicant.
- Part 7, Prescribed Fees:
Schedule I of the regulations sets out the prescribed
fees related to any action that the Director is required
or authorized to take under the Coops Act. These actions
include: the issuance of certificates on receipt of
articles of incorporation, amalgamation, amendment; the
examination of applications for exemptions; and providing
any person with a copy or certified copy of a document
required by the Act or regulations to be filed with the
Director. Fees are also prescribed for the filing of
annual returns. Since the administrative responsibilities
given to the Director under the Coops Act and the CBCA
are similar, the processing of applications under the
Coops Act require at least the same amount of resources
as under the CBCA. For this reason, the fees to be
prescribed under the Coops Act will be the same as those
under the CBCA.
- Part 8, Prescribed
Interest: Under the Coops Act, the directors of the
cooperative determine if payment to a dissenting member
would adversely affect the financial well-being of the
cooperative. In such cases, payment of the value of those
members' membership shares may be made over a period of
not more than ten years. The regulations prescribe the
rate of interest that these payments must bear. The
regulation sets the interest payable at the Bank of
Canada rate plus three percent to reflect prevailing
economic conditions.
- Contact: Cheryl Ringor,
Regulatory Coordinator, Corporations Directorate, Jean
Edmonds Tower South, 365 Laurier Avenue W, Ottawa,
Ontario, K1A 0C8. Tel: 613-941-5729; Fax: 613-941-5781;
e-mail: ringor.cheryl@ic.gc.ca
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|
International Submarine Cable Licences Regulations
The
proposed Regulations would replace the External Submarine
Cable Regulations, which are to be revoked in their
entirety.
The
current Regulations are inconsistent with Canada's
obligations under the GATS to liberalize the ownership and
control of international submarine cables as of October 1,
1998.
|
Telecommunications Act, subsection 22(2)
Published in
Canada Gazette July 25, 1998
|
|
The new
Regulations ensure consistency with the Telecommunications
Act and Canada's international trade obligations.
More
specifically, the draft Regulations include the following
policy changes affecting the issuance of a licence for
international submarine cables:
- they create two new
classes of licence, a terminating cable licence and a
through cable licence, based on whether or not the cable
is connected to telecommunications facilities in Canada
and providing telecommunications services in Canada.
Licences will no longer be issued according to the type
of telecommunications services provided. The new classes
of licence are determined by the cable's relationship to
other Canadian telecommunications facilities. Terminating
cable licences are to be issued for cables that are
landed in Canada and through cable licences are to be
issued for cables that pass through Canada but that are
not landed.
- to obtain a terminating
cable licence, an applicant will have to be authorized
under federal laws to carry on the business permitted by
that licence. The applicant will also be required to
control the international submarine cable and its
associated works and facilities. The federal government
will no longer impose on the applicant the requirement to
meet Canadian ownership and control requirements
contained in the External Submarine Cable Regulations.
The Telecommunications Act has been amended to exempt
international submarine cables from the Canadian
ownership and control requirements found at section 16.
Under the Regulations, terminating and through cable
licences will be available to Canadian or foreign
entities.
- the new Regulations will
require that the following additional information to be
submitted:
(a)
documentation indicating compliance with the requirements
set out in the Canadian Environmental Assessment Act;
(b)
information on the financial and technical capabilities,
including the business arrangements, that support the
construction or operation of the cable, as the case may be,
and its associated works or facilities;
(c)
information on the human resources, software, hardware and
other materials used to construct or operate the cable, as
the case may be, and its associated works or facilities;
d)
information on the interconnection and interoperability of
the cable with telecommunications networks in Canada and
outside Canada, and the applicant's strategy for providing
access to telecommunications to Canadians at a reasonable
cost; and
(e)
information on any other measures taken by the applicant to
meet the objectives set out in section 7 of the Act.
- the Regulations reflect
the fact that Subsection 22(2) of the Telecommunications
Act has been amended to provide for the issuance of a
submarine cable licence to corporations and persons other
than corporations.
- Contacts: Allan
MacGillivray, Director, Industry Framework,
Telecommunications Policy Branch, Industry Canada, 300
Slater Street, Ottawa, Ontario, K1A 0C8. Tel:
613-998-4298; Fax: 613-952-0567; e-mail:
macgillivray.allan@ic.gc.ca. Douglas MacEwen, Manager,
Industry Structure, Telecommunications Policy Branch,
Industry Canada, 300 Slater Street, Ottawa, Ontario, K1A
0C8. Tel: 613-998-4420; Fax: 613-952-0567; e-mail:
macewen.doug@ic.gc.ca
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|
Fish
Inspection Regulations, amendment
The
proposed amendments would implement changes to registration
and Quality Management Program (QMP) requirements and would
respond to reviews of the current Fish Inspection
Regulations.
More
specifically, the proposed regulations would:
- incorporate Hazard
Analysis Critical Control Point (HACCP) principles into
QMP;
- strengthen and streamline
record keeping;
- clarify and expand
requirements regarding the administration of CFIA's
establishment registration activities;
- update Schedule I,
Construction and Equipment Requirements, and Schedule II,
Operating Requirements, of the Regulations to confirm
that processing infrastructure meets recognized "state of
the art" international food handling standards with an
increased emphasis on sanitation, while at the same time
making them easier to understand;
- consolidate exemption
provisions contained in the Regulations in one
section;
- revoke requirements to
attach certification stickers to fishing vessels as well
as some outdated and redundant provisions of the
Regulations; and
- strengthen provisions for
the approval of thermal processes used in canneries to
sterilize lots of canned fish.
- Contact: Susan Masswohl,
Regulatory Analyst, Program Analysis and Coordination
Division, Canadian Wildlife Service, Environment Canada,
Ottawa, Ontario, K1A 0H3. Tel: 819-953-8582; Fax:
819-953-6283; e-mail: Susan.Masswohl@ec.gc.ca
|
Fish Inspection
Act, section 3
Published in
Canada Gazette Aug. 1, 1998
|
Wildlife
Area Regulations, amendment
This
amendment would raise the admission fees currently charged
for visitors to the Cap Tourmente National Wildlife Area in
Quebec.
The
one-day admission fees, in each category, would be raised by
$1. Annual access rates would be raised from $9 to $15 for
adults, from $8 to $12 for students, and from $6 to $10 for
local residents. The fee charged for use of a bird
identification guidebook or binoculars is being eliminated.
Finally, as a result of numerous requests from individuals
and groups, this amendment would make available the
personalized service of a naturalist, if requested.
This
amendment also will streamline the admission fees by
modifying certain categories of users. The number of
individuals admitted under group rates will increase from
five persons or more, to groups of 10 persons or more. In
addition, certain categories of visitors will be eliminated
because they have proven, over time, to be under-utilized
(such as the resident fee charged for one-day access, and
the senior fee for one-day and one-year access).
Cap
Tourmente National Wildlife Area, located approximately 50
kilometres east of Québec, is the most significant
migratory stop-over in North America for the greater snow
goose population. This National Wildlife Area (NWA) provides
public awareness programs for the tens of thousands of
people who visit each year.
- Contact: Serge
Labonté, Manager, Cap Tourmente National Wildlife
Area, Saint-Joachim, Quebec, G0A 3X0. Tel: 418-827-3776;
Terry Mueller, Regulatory Analyst, Program Analysis and
Coordination, Canadian Wildlife Service, Environment
Canada, Ottawa, Ontario, K1A 0H3. Tel: 819-997-1272.
|
Canada Wildlife
Act; section 12; Financial Administration Act, paragraphs
19(1)(a)
Published in
Canada Gazette Aug. 1, 1998
|
British
Columbia Sport Fishing Regulations, 1996, amendment
These
amendments would repeal the prohibition on fishing for
halibut with more than one line, reduce the fee for a
five-day non-resident sport fishing licence, change the
requirement to record salmon on a sport fishing licence, and
amend the daily quota for shrimp.
More
specifically, the changes are as follows:
- the definition of "tidal
waters" is being amended in the English version only, to
correct a reference to the Pacific Fishery Management
Areas Regulations.
- the prohibition against
any person angling with more than one fishing line for
halibut is being lifted and the offence of fishing for
halibut with more than one line is also being removed
from Schedule VIII.
- the licence fee for a
five-day non-resident sport fishing licence is being
reduced from $36 to $31. Previously, the cost of a
five-day licence was greater than the cost of two one-day
licences and one three-day licence combined. This anomaly
resulted in the sale of multiple licences to one fisher
for a single five-day trip and additional costs to DFO
for payment of commissions to licence vendors.
- an error in the
Regulations is corrected by requiring that only catches
of chinook salmon, and not all catches of salmon, be
recorded on the licence. Only chinook salmon has an
annual limit and thus it is the only species of salmon
that needs to be recorded on the sport fishing
licence.
- Schedule VIII is being
amended to accurately reflect the wording of subsection
13(2) of the Regulations, which is referred to in item
20. In accordance with that subsection, the offence
should be for possessing more than three halibut, not for
possessing more than the daily quota.
- the description of the
daily quota for partly shelled shrimp is being amended to
read "2.5 kg with the head and the thorax removed". The
daily quota for shrimp in the shell remains unchanged at
5 kg.
- Contact: Terry Gjernes,
Acting Chief, Recreational Fisheries Division, Operations
Branch, Department of Fisheries and Oceans, 300 - 555
West Hastings Street, Vancouver, British Columbia, V6B
5G3. Tel: 604-666-3271; Fax: 604-666-7369.
|
Fisheries Act,
section 43
Published in
Canada Gazette Aug. 1, 1998
|
Leamy
Lake Navigation Channel Regulations
The
proposed Regulations, in conjunction with the Boating
Restriction Regulations made under the Canada Shipping Act,
would govern activities in a navigation channel for
motorized vessels that is located on the west side of the
Leamy Lake in Gatineau Park, near Ottawa.
More
specifically, the proposed Regulations would prohibit the
following activities in the navigation channel:
- operating a vessel other
than a motorboat or shuttle boat;
- swimming;
- interfering with another
person's use of the channel or behaving in a manner that
endangers public safety;
- stopping or anchoring a
vessel;
- dumping sewage or other
waste, fuel or oil; and
selling
or supplying fuel or oil or fuelling a vessel with fuel or
oil.
In
addition, the following rules would apply:
- a person operating a
motorized vessel would be required to wait for permission
from the control booth operator before entering the
channel;
|
National
Capital Act, section 20
Published in
Canada Gazette Aug. 1, 1998
|
- if the condition of a
vessel is such that it may endanger public safety or
delay or obstruct navigation, the vessel would not be
permitted in the channel;
- the operator of a vessel
in the channel would be required to obey instructions
issued by the control booth operator or any other person
charged with enforcing the safe operation of the channel,
and obey the traffic signals in the channel;
- the operator of a vessel
in the channel would be required to operate the vessel in
a manner that avoids endangering public safety or causing
damage to the shoreline, another vessel or other
object;
- only 20 motorboats would
be permitted in the channel, and only 25 motorboats in
total would be permitted in the channel and Lac de la
Carrière at any one time; and
- only one shuttle boat
would be permitted in the channel, and only two shuttle
boats would be permitted in total in the channel and Lac
de la Carrière at any one time.
Finally,
the proposed Regulations would require the control booth
operator to deny permission to enter the channel to a person
operating a vessel where
- the control booth operator
believes, on reasonable grounds, that the person is
impaired by drugs or alcohol;
- the person is behaving in
a manner that endangers public safety;
- the channel is blocked by
a disabled vessel; or
- an emergency exists in the
channel or in Lac de la Carrière.
- Contact: Karen McNeil,
Legal Counsel, National Capital Commission, 40 Elgin
Street, Suite 202, Ottawa, Ontario, K1P 1C7. Tel:
613-239-5477; Fax: 613-239-5404.
|
|
Assessment of Financial Institutions Regulations,
amendment
This
amendment would extend for two years the current regulations
used by the Superintendent of Financial Institutions to
assess the expenses for supervising banks and trust and loan
companies (BTL).
In an
assessment bulletin, dated September 15, 1997, OSFI advised
all BTL companies of its plan to extend the present
Regulations for one year. As a result of the time elapsed
due to industry consultations regarding the introduction of
a user pay system, OSFI is now required to extend the
present Regulations for two years.
At
present, the Regulations divide BTL companies into ten tiers
based on average assets. Each institution pays a basic
assessment amount relative to the tier in which it belongs.
However, a loan company that is a subsidiary of a bank pays
a basic assessment of $10,000 regardless of its size. The
balance, which is the total supervisory expense for BTL
companies minus the total amount raised from basic
assessments, is subsequently prorated to all BTL companies
based on their average total assets.
The
Regulations also specify that these rules are effective for
three fiscal years only (i.e., 1994/95 to 1996/97). The
intention was to review the Regulations and make any
necessary amendments subsequent to fiscal 1996/97; however,
consultations require more time to make these
amendments.
- Contact: Charles P.
Johnston, Legislation Officer, Legislation and Precedents
Division, Office of the Superintendent of Financial
Institutions, 255 Albert Street, Ottawa, Ontario, K1A
0H2. Tel: 613-990-7472; Fax: 613-998-6716.
|
Office of the
Superintendent of Financial Institutions Act, subsection
23(3)
Published in
Canada Gazette Aug. 1, 1998
|
Order Declaring
the Pickering Lands as an Airport Site
This
Order declares the Pickering Lands as an airport site, to
allow for enactment of airport zoning regulations. These
Regulations, when enacted, would help preserve the
compatibility of the surrounding land with a possible
airport in the future.
The
declaration of the Pickering Lands as an airport site does
not imply any commitment by any party to build an airport on
the Pickering Lands. Airport construction would require
substantial review and approvals at all levels of
Government.
Consistent with the National Airports Policy announced in
1994, the federal government will no longer develop or
operate airports. Consequently, development at Pickering
would have to be undertaken by local interests.
The
benefit of declaring the Pickering Lands as an airport site
is that it would allow for the enactment of airport zoning
regulations. These Regulations would prevent the surrounding
lands from being used or developed in a manner that could be
incompatible with the safe operation of a possible airport
in the future. Federal airport zoning regulations limit the
height of buildings, structures and objects (including
natural growth), and protect aircraft from potential hazards
by prohibiting electronic signal interference and the
disposal of waste which could attract birds.
The
Pickering Lands were acquired for the proposed new Pickering
Airport in 1972 at a cost of some $120 million; the planned
airport was subsequently cancelled. As the federal
government retains stewardship of the lands, Transport
Canada has agreed to pay the cost of implementing certain
measures necessary to protect the public's investment in the
land as a possible airport site for the future. Total cost
to implement protective measures, including enactment of
airport zoning, is approximately $800,000.
- Contact: Patricia Short,
Regional Manager, Greater Toronto Area Programs, 4900
Yonge Street, Suite 300, Toronto, Ontario, M2N 6A5. Tel:
905-649-5725; Fax: 416-952-3328.
|
Aeronautics
Act, subsection 5.4(1)
Published in
Canada Gazette Aug. 1, 1998
|
Overtime
Fees Order, amendment
This
Order amends the definition of the term "service" to include
ship inspection services provided under the Plant Protection
Regulations, thereby consolidating all overtime fees in the
one Order.
Overtime
charges for ship inspection were excluded from the Overtime
Fees Order in 1995 because they were already covered by the
Plant Protection Fees Regulations.
The
Overtime Fees Order was established in 1995 under the
Financial Administration Act to recover the cost of
inspection services provided outside of regular working
hours, i.e. as over-time. Overtime is defined as any time
worked by an employee in excess of his or her regular work
shift (minimum of 7.5 hours per day), or in the case of the
Meat Inspection Regulations, 1990, any time worked by an
employee outside of a scheduled work shift. Overtime is
generally considered to be a rate of pay equal to one and
one half or two times the employees' normal rate of pay,
depending on the terms of the collective agreement.
With
these amendments, the overtime rates for ship inspection
will become the same as for other overtime services provided
by the Canadian Food Inspection Agency.
- Contact: Glenn Hansen,
Director, Business Initiatives Centre, Canadian Food
Inspection Agency, 59 Camelot Drive, Nepean, Ontario, K1A
0Y9. Tel: 613-225-2342, extension 4178; Fax: 613-228-
6600.
|
Financial
Administration Act, paragraphs 19(1)(b) and 19.1(1)(b);
Order in Council P.C. 1995-325
Published in
Canada Gazette Aug. 8, 1998
|
Exempt
from Pre-Publication
and
Approved
|
Statutory
Authority
|
Special Appointment Regulations,
No. 1998-10 (SOR/98-394,
OIC 1998-1339)
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:
- Ian C. Green as Deputy
Secretary to the Cabinet (Operations), Privy Council
Office.
- Contact: Senior Personnel
Management, Privy Council Office, Postal Station B
Building, Ottawa, Ontario K1A 0A3. Tel: 613-957-5288
|
Public
Service Employment Act
, subsection 37(1)
To be published
in Canada Gazette August 19, 1998
|
Special Appointment Regulations,
No. 1998-11 (SOR/98-395,
OIC 1998-1341)
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:
- Dennis Wallace as
Associate Deputy Minister of Indian Affairs and Northern
Development.
|
Public
Service Employment Act
, subsection 37(1)
To be published
in Canada Gazette August 19, 1998
|
Special Economic
Measures (Federal Republic of Yugoslavia) Regulations
(SOR/98-397,
OIC 1998-1343); Special Economic Measures (Federal Republic
of Yugoslavia) Permit Authorization Order (SOR/98-398,
OIC 1998-1344); United Nations Federal Republic of
Yugoslavia (Serbia and Montenegro) Regulations, amendment
(SOR/98-399,
OIC 1998-1345)
The
Regulations stop new investments in Serbia, including
establishment of a new business in Serbia and the
acquisition of an interest in an existing business in
Serbia.
The
Authorization Order authorizes the Minister of Foreign
Affairs to issue to any person in Canada or any Canadian
outside Canada a permit to carry out a specified activity or
transaction, or any class thereof, that is restricted or
prohibited pursuant to the Special Economic Measures
(Federal Republic of Yugoslavia) Regulations.
The
amendment to the UN Federal Republic of Yugoslavia (Serbia
and Monetnegro) Regulations lift some the economic sanctions
imposed on Yugoslavia and imposes a ban on the transfer of
arms and related materiel. The titles of the Regulation is
replaced by United Nations Federal Republic of Yugoslavia
Regulations
The
Regulations and Orders are pursuant to a decision of foreign
ministers of the G-8 who met in London on May 9, 1998.
Canada, France, Germany, the United Kingdom of Great Britain
and Northern Ireland and the United States of America and
the European Commission agreed to freeze funds held abroad
by the Federal Republic of Yugoslavia and Serbian
governments and to stop new investments in Serbia.
They
relate to the excessive use of force by Serb authorities
against civilian populations in Kosovo, resulting in a
considerable number of deaths, destruction of villages and
an outflow of refugees towards neighbouring Albania.
The
Regulations and Orders come into effect July 28, 1998.
|
Special
Economic Measures Act, subsections 4(1) to (3); United
Nations Act, sections 2 and 3
To be published
in Canada Gazette August 19, 1998
|
- Contact: Arif Lalani,
Southern Europe Division (RES), Foreign Affairs and
International Trade, Lester B. Pearson Building, 125
Sussex Drive, Ottawa, Ontario, K1A 0G2. Tel:
613-992-0606; Fax: (613)995-8783. Jean-Philippe
Tachdjian, Oceans, Environmental and Economic Law
Division (JLO), Foreign Affairs and International Trade,
Lester B. Pearson Building, 125 Sussex Drive, Ottawa,
Ontario, K1A OG2. Tel: 613-995-1108; Fax:
(613)992-6483
|
|
United Nations
Sierra Leone Regulations (SOR/98-400,
OIC 1998-1346); United Nations Angola Regulations, amendment
(SOR/98-401,
OIC 1998-1347)
These
Regulations impose a ban on the transfer to Sierra Leone of
arms and related materiel and impose a ban on the
exportation and sale to Angola of any aircraft or aircraft
components, as well as on the provision of aircraft
engineering or maintenance services (except through a point
of entry named on a list provided by Angola).
The
Regulations are pursuant to United Nations Security Council
Resolutions.
The
Regulations come into force July 28, 1998.
- Contact: Jean-Philippe
Tachdjian, Oceans, Environmental and Economic Law
Division (JLO), Foreign Affairs and International Trade,
Lester B. Pearson Building, 125 Sussex Drive, Ottawa,
Ontario, K1A OG2. Tel: 613-995-1108; Fax:
(613)992-6483
|
United
Nations Act, sections 2 and 3
To be published
in Canada Gazette August 19, 1998
|
Canada Student
Financial Assistance Regulations, amendment (SOR/98-402,
OIC 1998-1348); Canada Student Loans Regulations, amendment
(SOR/98-403,
OIC 1998-1349)
These
Regulations implement changes to student loans announced in
the 1998 Federal Budget, such as Special Opportunities
Grants, Special Interest-Free Period, debt reduction
assistance and revised eligibility criteria.
The
changes include:
Special
Opportunities Grants (Canada Study Grants)
- effective August 1, 1998,
a new Canada Study Grant of up to $3,000 per year (or
more in limited instances) will be available to full-time
and part-time students who meet the eligibility criteria.
Students with one or two dependents, may be eligible for
$40 per week and students with three or more dependents
may be eligible for $60/week;
- for students with a
permanent disability, an increase maximum grant ($5,000
instead of $3,000) is available each year to cover the
cost of their disability-related education expenses.
- increased flexibility for
provinces to award Canada Study Grants to more students
in need. The existing three formulae that specify the
total amount that can be awarded to students within each
grant category are being replaced with a single formula.
The single formula fixes overall spending for all four
Canada Study Grants without restricting the number of
grants within each category.
Special
Interest-Free Periods (Interest Relief)
- thirty months of Interest
Relief will now be available to borrowers over the entire
period of repayment, rather than being limited to the
first five years of repayment.
|
Canada
Student Financial Assistance Act, sections 15 and
17
To be published
in Canada Gazette August 19, 1998
|
- in special cases, the
Regulations also provide for the extension of Interest
Relief, beyond 30 months, to borrowers who still
experience difficulty in repaying their loans during the
critical five years following end of studies. To qualify
for this extension, the borrower's repayment will be
calculated over 15 years, thereby lowering the required
monthly installments. If, after the extension of the
repayment period, the borrower remains in financial
hardship, Interest Relief will be extended for as long as
the borrower qualifies, until the end of the fifth year
of repayment.
Debt
Reduction in Repayment
- A new provision provides
for Debt Reduction in Repayment, to help borrowers who
continue to experience financial hardship in repaying
their loans, five or more years after leaving studies.
Borrowers will be eligible for a one-time reduction of
the principal amount owing on their loan so that
repayment is more affordable. To qualify, five years must
have passed since the end of studies, and the borrower
must have exhausted all available Interest Relief. The
maximum amount of this assistance is $10,000 or 50% of
the loan principal, whichever is less, at the time of the
application.
- A new formula is
introduced or calculating the amount of the reduction,
taking into consideration the borrower's loan amount and
family income.
Student
Eligibility
- a new mechanism is
introduced that will screen borrowers with a history of
severe credit abuse as part of the eligibility criteria
for student loans.
- the Regulations also
specify the circumstances under which a loan may be
denied to a first time applicant. This provision will not
come into force until August 1, 1999 to allow governments
and lenders to develop the necessary procedures and
systems changes.
In that
case of the Financial Assistance Regulations, all of the
amendments, other than section 2, come into force on August
1, 1998; section 2 comes into force on August 1, 1999. In
the case of the Student Loans Regulations, they come into
effect August 1, 1998.
- Contact: Kalpana Prasad,
Policy Analyst Canada Student Loans Program Policy
Learning and Literacy Directorate, Human Resources
Development Canada, 25 Eddy Street, 10th Floor, Hull,
Quebec K1A 0M5. Tel: 819-953-9733; Fax: 819-953-8147
|
|
Canadian
Wheat Board Regulations, amendment (SOR/98-404,
OIC 1998-1351)
The
amendment establishes initial payments by the The Canadian
Wheat Board for the 1998-99 crop year, with a comparison to
those set a year earlier, for the base grades of wheat (no
change), of amber durum wheat (a decrease of $44 per metric
tonne), of barley (a decrease of $10 per metric tonne) and
of designated barley (a decrease of $11 per metric tonne),
effective August 1, 1998.
- Contact: Craig Fulton,
Commerce Officer, Grains and Oilseeds Division,
International Markets Bureau, Market 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:
613-759-7476.
|
Canadian
Wheat Board Act, subparagraph 32(1)(b)(i), subsection 47(2)
and section 61
To be published
in Canada Gazette August 19, 1998
|
Special Appointment Regulations,
No. 1998-12 (SOR/98-405,
OIC 1998-1358)
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:
- Dan Goodleaf as Deputy
Head of the Millenium Bureau of Canada.
- Contact: Senior Personnel
Management, Privy Council Office, Postal Station B
Building, Ottawa, Ontario K1A 0A3. Tel: 613-957-5288
|
Customs
Tariff , section 14
To be published
in Canada Gazette August 19, 1998
|
Customs
Duties Accelerated Reduction Order, No. 10 (SOR/98-408,
OIC 1998-1360)
The Order
provides for the accelerated elimination of the tariff on
certain goods of Mexican origin, the majority being
chemicals and textiles. The changes are part of a
tri-lateral package, negotiated on a bilateral basis,
involving Canada, Mexico and the United States under NAFTA.
The agreements are intended to come into effect in all three
countries on August 1, 1998, based on letters of agreement
between the three countries.
More
specifically, the Order repeals tariff item No. 2921.19.90
and adds new tariff items under Parts 1, 2, and 3.
- Contact: Dean Beyea,
International Trade Policy Division, Department of
Finance, Ottawa, Ontario, K1A 0G5. Tel:
613-992-8790.
|
Customs
Tariff , section 14
To be published
in Canada Gazette August 19, 1998
|
Ministerial Orders
Approved
|
Statutory
Authority
|
Canadian Chicken Marketing
Levies Order, amendments (SOR/98-396);
Canadian Chicken Marketing
Agency Quota Regulations, 1990, amendment (SOR/98-406);
Canadian Chicken Marketing
Agency Quota Regulations, 1990, amendment (SOR/98-407)
The first
amendment (Chicken Marketing Levies Order), which comes into
force on July 28, 1998, amends the levy rate to be paid by
producers in Ontario as set out in SOR/98-224. The new rate
is 1.43 cents.
The
second amendment, which comes into force on July 31, 1998,
establishes the 1998 periodic allocation for the period from
June 7, 1998 to August 2, 1998 for producers who market
chicken in interprovincial or export trade.
The new
limits are as follows:
- production subject to
federal and provincial quotas (in live weight,
kilograms), for Ontario, 55,900,000; for Quebec,
47,261,484; for Nova Scotia, 6,477,500; for New
Brunswick, 4,742,571; for Manitoba, 6,849,267; for
P.E.I., 612,018; for Saskatchewan,4,047,159; for Alberta,
16,033,106; and for Newfoundland, 2,318,916.
- production subject to
periodic export quotas (in live weight, kilograms), for
Quebec, 2,703,750; Nova Scotia, 100,000; Manitoba, 62,500
and for Alberta, 340,560.
The third
amendment, which comes into force on August 2, 1998,
establishes the 1998 periodic allocation for the period from
August 2, 1998 to September 26, 1998 for producers who
market chicken in interprovincial or export trade.
|
Farm Products Agencies Act,
paragraph 22(1)(f)
To be published
in Canada Gazette August 19, 1998
|
|
The new
limits are as follows:
- production subject to
federal and provincial quotas (in live weight,
kilograms), for Ontario, 56,100,000; for Quebec,
46,149,812; for Nova Scotia, 6,203,062; for New
Brunswick, 4,686,494; for Manitoba, 6,858,169; for
P.E.I., 647,211; for Saskatchewan,4,047,049; for Alberta,
15,895,183; and for Newfoundland, 2,602,993.
- production subject to
periodic export quotas (in live weight, kilograms), for
Ontario, 300,000; Quebec, 3,329,000; Nova Scotia,
100,000; Manitoba, 62,500 and for Alberta, 623,999.
- Contact: Canadian Chicken
Marketing Agency, 377 Dalhousie Street, Ottawa, Ontario,
K1N 9N8. Tel: 613-241-2800; Fax: 613-241-5999.
|
|
