Proposed
Regulations
for
Pre-Publication in Part I, Canada Gazette
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Statutory
Authority
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Dairy
Products Regulations, amendment
The
proposed amendments would remove ambiguous wording from the
Regulations and deregulate container sizes for grated
cheese.
As a
result of the changes, consumers would be able to purchase
brand name grated cheese products in the same sizes of
containers as are available as unlabelled store-packed
products.
The
changes would also allow registered dairy processors to
compete for sales of grated cheese on the same basis as
retail packers, who can pack the cheese in bulk in a variety
of sizes.
The
wording of the provision that lists the cheese products that
must be packaged in prescribed container sizes includes the
words "grated cheese and related types". Since the reference
to "related types" is ambiguous, these words would be
removed .
- Contact: J. Wakelin,
Associate Director, Meat and Processed Animal Products
Division, Canadian Food Inspection Agency, 59 Camelot
Drive, Nepean, Ontario, K1A 0Y9. Tel: 613-225-2342,
extension 4722; Fax: 613-228-6632; e-mail:
jwakelin@em.agr.ca.
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Canada
Agricultural Products Act, section 32
Published in
Canada Gazette September 5, 1998
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Livestock
and Poultry Carcass Grading Regulations, amendment
The
proposed amendments would add guinea fowl to the list of
poultry species eligible for the application of Canada grade
names.
In the
United States, guinea fowl may be officially graded. A
Canadian company wishing to export to the United States is
at a competitive disadvantage if the American buyer insists
on purchasing graded product. The establishment of Canadian
grade names for guinea fowl by this amendment will eliminate
this inequity. Grade standards would be the same as for
ducks and geese.
The
amendment would also clarify certain labeling requirements
and allow kidneys to remain in duck carcasses weighing less
than 3 kg provided that the label clearly indicates that the
carcasses ìmay contain kidneys. Presently, kidneys
may remain in chicken and Rock Cornish hens if the label
indicates the necessary declaration.
Certain
processes such as basting and stuffing may be performed by
poultry establishments on graded poultry carcasses provided
the poultry is graded prior to the process and a declaration
is made on the label indicating the process. Preseasoned
whole poultry carcasses are being slowly introduced to the
market. To facilitate this marketing practice, the amendment
would introduce the term "graded before seasoning" to be
identified on the label of graded preseasoned poultry.
- Contact: Richard Robinson,
Chief, Livestock Identification and Legislation, Meat and
Processed Animal Products Division, Canadian Food
Inspection Agency, 59 Camelot Drive, Nepean, Ontario, K1A
0Y9. Tel: 613-225-2342; Fax: 613-228-6636.
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Canada
Agricultural Products Act, section 32
Published in
Canada Gazette September 5, 1998
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Immigration Regulations, 1978, amendment
The
proposed amendments would extend visitor visa exemptions to
a number of categories of persons engaged in work related to
aviation safety, including flight operations and cabin
safety inspectors, accident and incident investigators and
experts in the repair or salvage of damaged aircraft.
While
many individual investigators and safety experts are already
exempt from the requirement to obtain a visa by virtue of
the blanket exemptions for nationals of certain countries by
Schedule II, the proposed change would simply grant the same
entry without visa privilege to aviation safety personnel
from countries not covered by existing exemptions.
The
changes would implement resolutions adopted at the 11th
session of the Facilitation Division of the International
Civil Aviation Organization (ICAO) convened in
Montréal in June of 1995.
- Contact: Janeth Crosby,
Manager Transportation, Enforcement Branch, Citizenship
and Immigration Canada, Jean Edmonds Tower North, 8th
Floor, 300 Slater Street, Ottawa, Ontario, KIA 1L1. Tel:
613-954-4563; Fax: 613-954-2381.
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Immigration
Act, paragraphs 114(l)(j) and (jj)
Published in
Canada Gazette September 5, 1998
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Ocean
Dumping Permit Fee Regulations (Site Monitoring)
The
proposed regulations would introduce a requirement for
permittees who dispose of dredged or excavated material at
sea to pay fees of $470.00 per thousand cubic metres
authorised under the permit for ocean dump site
monitoring.
The
Department of the Environment had originally intended to use
disposal at sea regulations under a revised Canadian
Environmental Protection Act (CEPA) for this new fee. A
delay in the promulgation of the new CEPA caused the
Department to pursue the Monitoring Fee under the FAA in
order to bring the program into compliance with the Treasury
Board policy on cost recovery without delay.
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Financial
Administration Act, paragraph 19(1)(a)
Published in
Canada Gazette September 5, 1998
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The costs
to be recovered in these Regulations would be about 45
percent of the total costs of the disposal at sea program. A
further 15 percent is cost recovered for the permit
application assessment service. Other elements including
enforcement, research, policy and international negotiations
are considered public benefit and are not subject to cost
recovery. Clients have not contested the split, except that
they maintained that no indirect costs should be charged as
they are not part of the private benefit.
Some 50
to 70 clients will be affected by the fee, of which almost
70 percent are from other federal governments, primarily the
Department of Public Works and Government Services, the
Department of Transport, and the Department of Fisheries and
Oceans (Canadian Coast Guard and Small Craft Harbours).
Non-government clients include port or harbour authorities
(or commissions or corporations), private dredging
companies, marinas and construction companies. This fee will
affect all those who provide dredging services for disposal
at sea in Canada and the ports and marinas which commission
the dredging, usually to maintain navigable waters. Clients
disposing (or commissioning the disposal) of dredged
material, are generally responsible for about 90 percent of
the total volume disposed, which will be subject to the
fees. The remaining 10 percent will be disposed by
construction companies needing to dispose of clean
excavation material.
It is
expected that between 1997 and 2008, the private sector
component will increase as the Canadian Coast Guard
withdraws from dredging and as the Department of Transport
and the Department of Fisheries and Oceans (Small Craft
Harbours) reform the port and harbour systems. About 80
percent of all clients are small volume users who dispose of
less than 25 000 cubic metres under a permit.
- Contacts: James Osborne,
Head, Ocean Disposal and Shellfish, Marine Environment
Division, Toxic Pollution Prevention Directorate,
Department of the Environment, Hull, Quebec, K1A 0H3.
Tel: 819-953-2265; and Arthur Sheffield, Regulatory and
Economic Assessment Branch, Regulatory and Economic
Issues Directorate, Policy and Communications, Department
of the Environment, Hull, Quebec, K1A 0H3. Tel:
819-953-1172.
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Employment Insurance Regulations, amendment
The
proposed amendments would ensure that persons casually
employed in connection with a census enumeration are
included in insurable employment.
Such
persons will now be covered from the first hour they work
and the first dollar they earn.
Previously, persons employed in connection with a census
enumeration were not covered unless they were regularly
employed by that employer and worked a minimum of 25
days.
Persons
employed in connection with a referendum or election to
public office will now be covered once they have worked 35
hours. Previously such persons were covered after they had
worked 25 days. This is also consistent with an hours-based
coverage system, while recognizing the casual nature of this
type of employment and tenuous participation in the labour
force (i.e. one day every two to four years).
Amendments have also been made concerning the employment of
a person, other than as an entertainer, by an employer in
connection with a circus, fair, parade, carnival, exposition
or exhibition or other similar activity if the person is not
regularly employed by that employer. These amendments are
not substantive, but merely clarify existing practices.
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Employment
Insurance Act, paragraph 5(6)(e)
Published in
Canada Gazette September 5, 1998
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The
changes would amend portions of subsection 8(1), including
revoking paragraph 8(1)(b), and subsection 8(2).
The
regulations would come into force January 1, 1999.
- Contact: Nancy
Fedorovitch, Senior Policy Advisor, Policy and
Legislation Development - Insurance, Human Resources
Development Canada, 140 Promenade du Portage, 9th Floor,
Ottawa, Ontario, K1A 0J9. Tel: 819-997-8626; Fax:
819-953-9381.
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Status of
the Artist Act Professional Category Regulations
The
proposed amendments would prescribe certain categories of
professional self-employed artists who will be entitled to
benefit from the provisions of the Status of the Artist Act.
This Act provides a legal framework for collective
bargaining between self-employed artists and producers
within the federal jurisdiction.
The
Status of the Artist Act (S.C., 1992, c. 33) explicitly
defines certain categories of self-employed professionals
who fall within its jurisdiction. These categories include
authors, directors and performers of artistic works. The Act
also empowers the Governor in Council to make regulations to
include other categories of artists within the coverage
provided by the Act, namely those who contribute to the
creation of any production in the performing arts, music,
dance and variety entertainment, film, radio and television,
video, sound-recording, dubbing or the recording of
commercials, arts and crafts, and visual arts.
More
specifically, the following are prescribed as professional
categories for the purposes of subparagraph 6(2)(b)(iii):
category 1, camera work, lighting and sound design; category
2, costumes, coiffure and make-up design; category 3, set
design; category 4, arranging, orchestrating and music
copying; and category 5, research for audiovisual
productions, editing and continuity.
- Contact: Sylvia Garcia
Soria, Senior Industry Research Officer, Federal
Mediation and Conciliation Service, Human Resources
Development Canada, Place du Portage, Phase II, Ottawa,
Ontario, K1A 0J2. Tel: 819-953-7852; Fax:
819-953-1028.
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Status of the
Artist Act, subparagraph 6(2)(b)(iii) and section 56
Published in
Canada Gazette September 5, 1998
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Canada
Mining Regulations, amendments
The proposed
amendments would make the following changes to the mineral
leasing and royalty provisions of the Regulations:
- elimination of the
three-year royalty free period. The provision has been
repealed by separate Order in Council;
- increase the minimum
royalty rate from 3 percent to 5 percent, on the value of
the output of the mine from $10,000 up to $1 million,
(after the deductions specified in the Regulations). The
royalty rate, which increases 1 percent for each $5
million increment of additional value of output currently
reaches the maximum rate of 12 percent when the value of
output after deductions is $35 million; Under the
proposed amendments the maximum rate will increase to 14
percent.
- expand the assets eligible
for depreciation allowance to include all of the
buildings, plant, machinery and equipment of the mine
rather than just those used in production. This would
mean that residential facilities at remote northern mines
would now be eligible for depreciation allowance. The
preproduction allowance would be replaced by a
development allowance which would allow for the
amortization of exploration and development expenditures
at the mine incurred both during preproduction and after
the start of production. The depreciation allowance rate,
as well as the amortization rate for development
allowance expenditures, would increase from 15 percent
per annum to 100 percent per annum;
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Territorial
Lands Act, section 8 and 12
Originally
published in Canada Gazette September 5, 1998 and corrected
September 12, 1998
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- narrow the definition of
assets eligible for processing allowance to include only
those assets used directly and exclusively in processing
the output of the mine;
- make deductible for
royalty purposes contributions to a qualifying
environmental trust. Withdrawals from a qualifying
environmental trust would be included in the value of the
output of a mine for royalty purposes, up to the amount
contributed to the qualifying environmental trust;
- not allow,for royalty
purposes, cash payments under an Impact and Benefit
Agreement with an Aboriginal community, municipal taxes
and payments for access to privately owned surfaces over
a mineral right granted under the Regulations;
- require that royalties
would be payable four months after the end of the fiscal
year of a mine at the same time as the royalty return is
filed, instead of 10 months after the end of the fiscal
year as under the current Regulations;
- prohibit the transfer of a
mineral lease where there are mining royalties due and
unpaid, unless security for the amount of outstanding
royalty is provided to the Minister; and
- require diamond mine
production to be cleaned by the operator and valued by a
federal government diamond valuator, at facilities to be
provided by the mine operator, prior to sale or shipment
from the Northwest Territories.
The
September 5 edition of the Canada Gazette, Part I
incorrectly listed the proposed amendments as repealing
subsection 65(3) and (4) of the Regulations.
- Contact: Robert Lauer,
Chief, Financial Analysis and Royalty Administration,
Mineral Resources, Department of Indian Affairs and
Northern Development, Les Terrasses de la
Chaudière, Ottawa, Ontario K1A 0H4, (819)
994-6772..
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Reporting
of Exported Goods Regulations, amendment
The
proposed amendments would correct the English version of
section 5 of the Regulations to ensure it is consistent with
the French version. The English version will now require an
individual to present a permit to Customs Officials at the
border. Presently, there is no requirement in the English
version of the Regulations for individuals to do this.
- Contact: D. Waldie,
Director, Export Process Division, Operational Policy and
Coordination Directorate, Customs and Trade
Administration Branch, Revenue Canada, Connaught
Building, 1st Floor, 555 Mackenzie Avenue, Ottawa,
Ontario, K1A 0L5. Tel: 613-954-6986; Fax:
613-946-0241.
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Customs Act,
subsection 164(3)
Published in
Canada Gazette September 5, 1998
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Reporting
of Ships' Stores Regulations, amendment
The
proposed amendments would reduce the reasonable quantity of
tobacco and tobacco sticks to 200 grams and 200 sticks,
respectively. The amendment follows similar reductions in
personal exemptions provided to travellers to Canada.
In early
October, 1996, the Honourable Paul Martin, Minister of
Finance, reduced the quantity of such tobacco products that
could be entered duty-free by non-resident travellers.
Ministerial regulations affecting similar entitlements of
resident travellers have also been changed.
- Contact: P. Wallace,
Chief, Warehouse Licensing, Licensing and Revenue
Accounting Division, Customs Border Services Branch,
Revenue Canada, Connaught Building, 5th Floor, Ottawa,
Ontario, K1A 0L5. Tel: 613-954-7193.
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Customs Act,
paragraph 99(g)
Published in
Canada Gazette September 5, 1998
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Foreign
Companies Prescribed Transactions Regulations
The
proposed Regulations would exempt foreign insurance
companies from having to obtain the Minister's approval for
reinsurance transactions entered into the ordinary course of
business in Canada.
The
recently promulgated Bill C-82 included a requirement on the
part of foreign insurance companies to obtain the Minister's
approval in respect of transactions involving the transfer,
sale, purchase and reinsurance of Canadian insurance
policies. The purpose of this amendment was to give Canadian
policyholders of foreign insurance companies similar
protection to that already given policyholders of Canadian
insurance companies. However, the amendment went beyond this
purpose to apply to all reinsurance transactions including
those entered into the ordinary course of business. Since
Canadian insurance companies are specifically exempted from
having to obtain the Minister's approval for these ordinary
course of business transactions, the proposed Regulations
would correct this inconsistency.
- Contact: Charles P.
Johnston, Regulations 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.
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Insurance
Companies Act, subsection 587.1 and section 703
Published in
Canada Gazette September 5, 1998
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Canadian
Aviation Regulations (Part VII Commercial Air Services),
amendment
The
proposed amendments would change Subpart 0 (General),
Subpart 2 (Aerial Work), Subpart 3 (Air Taxi Operations) and
Subpart 5 (Airline Operations).
More
specifically, the proposed amendments would:
- eliminate unintended
inconsistencies between regulations or between
regulations and standards, repair an inadvertent omission
from previous versions of the CARs and, in CARs 700.17,
allow for the extension of flight times for flight crew
members in unforeseen operational circumstances;
- amend CARs 702.01
(Application), to clarify the status of glider towing
operations;
- amend CARs 702.16
(Carriage of Persons), to explicitly permit the carriage
of parachutists where the air operator certificate
authorizes parachuting operations;
- amend CARs 702.18 (Night,
VFR OTT and IFR Operations), to remove a restriction from
the conditions applicable to the conduct of night
parachute operations;
- amend CARs 702.65 (Flight
Crew Member Qualifications), to clarify the pilot check
requirements for a chief pilot in an aerial work
operation;
- revise Subpart 3 (Air Taxi
Operations), CARs 703.88 (Flight Crew Member
Qualifications), to remove or replace confusing
terminology and clarify the intent of the
regulation;
- amend CAR 705.22
(Operational Flight Plan), to require the operational
flight plan to be retained for a minimum of 90 days and
clarify the prcess for recording the formal approval of
the operational flight plan by the pilot-in-command;
- amend CAR705.27 (Admission
to Flight Deck), to prvent use of a jump seat on the
flight deck by a revenue-paying passenger;
- amend CAR705.39 (Weight
and Balance Control), to require weight and balance forms
for a minimum of 90 days; and
|
Aeronautics
Act, section 4.9
Published in
Canada Gazette September 5, 1998
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- amend CAR 705.42 (Carryon
Baggage), to require equipment for baggage stowage to
comply with the airworthiness standards appropriate for
the aircraft upon which it is installed without imposing
an overriding requirement for existing equipment on older
aircraft to be modified or replaced to meet later design
standardsAmong the four regulations, five specific
changes are proposed.
- Contact: The Chief,
Regulatory Affairs, AARBH, Transport Canada Safety and
Security, Place de Ville, Tower C, Ottawa, Ontario, K1A
0N8. Tel: 613-990-1198.
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Motor
Vehicle Safety Regulations (Trailer Cargo Anchoring
Devices), amendment
The
proposed amendments would add section 905, "Trailer Cargo
Anchoring Devices", to the Regulations, and incorporate by
reference an accompanying test method called Test Method 905
- Trailer Cargo Anchoring Devices (August 1998).
Section
905 introduces requirements governing the minimum number and
strength of the attachment points to which tie-down
assemblies are affixed. It applies to trailers with a gross
vehicle weight rating (GVWR) of 10 000 kg or more without
permanent sides or a roof, such as flatbed, heavy hauler,
industrial, lowbed, and drop-centre trailers. The intent of
the proposed Regulations is to ensure that all trailers
manufactured after the effective date of this amendment are
equipped with anchoring devices of sufficient number and
strength to restrain their loads.
The
proposed Regulations specify a mathematical formula for
calculating the minimum number of cargo anchoring devices
that must be installed on trailers. This formula takes into
account the cargo carrying capacity of the trailer, the
working load limit of typical tie-down assemblies, and the
forces generated by everyday on-road manoeuvres.
The
proposed amendment also stipulate that every trailer cargo
anchoring device must be able to withstand an upward
vertical force of at least 67 000 N.
The
proposed effective date is September 1, 1999.
- Contact: John Neufeld,
Road Safety and Motor Vehicle Regulation Directorate,
Department of Transport, 330 Sparks Street, Ottawa,
Ontario, K1A 0N5. Tel: 613-998-1959; Fax: 613-990-2913;
e-mail: neufelj@ tc.gc.ca.
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Motor Vehicle
Safety Act, section 5 and subsection 11(1)
Published in
Canada Gazette September 5, 1998
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Quebec
Harbour Dues By-law, amendment
The
proposed Order authorizes the Port of Quebec Corporation to
change harbour dues for Québec Harbour from time to
time until January 1, 2002, at a rate not to exceed 4
percent.
- Contact: R. Gaudreault,
President and Chief Executive Officer, Port of Quebec
Corporation, P.O. Box 2268, Québec, Quebec, G1K
7P7. Tel:418-648-3558.
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Canada Ports
Corporation Act, section 13
Published in
Canada Gazette September 12, 1998
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St.
John's Harbour Dues By-law, amendment
The
proposed Order authorizes the St. John's Port Corporation to
change harbour dues for St. John's Port Harbour from time to
time until January 1, 2002, at a rate not to exceed 4
percent.
- Contact: D. J. Fox, Port
Manager and Chief Executive Officer, St. John's Port
Corporation, P.O. Box 6178, St. John's, Newfoundland, A1C
5X8. Tel: 709-772-4582.
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Canada Ports
Corporation Act, section 13
Published in
Canada Gazette September 12, 1998
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Exempt
from Pre-Publication
and
Approved
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Statutory
Authority
|
Income
Tax Regulations, amendment (SOR/98-453,
OIC 1998-1573
Part
XLVIII of the Regulations is amended to add new section
4801.1 which prescribes conditions for the purpose of
determining whether a trust is an "exempt trust".
More
specifically:
"1. The
Income Tax Regulations is amended by adding the following
after section 4801:
4801.1
For the purpose of paragraph (c) of the definition "exempt
trust" in subsection 233.2(1) of the Act, the following
conditions are hereby prescribed in respect of a trust:
(a) at
least 150 beneficiaries of the trust are beneficiaries in
respect of the same class of units of the trust; and (b) at
least 150 of the beneficiaries in respect of that class each
hold
(i) at
least one block of units of that class, and (ii) units of
that class having a total fair market value of at least
$500."
The
amendments apply to returns in respect of taxation years
that begin after 1995.
- Contact: Simon Thompson,
Tax Legislation Division, Department of Finance,
L'Esplanade Laurier, 140 O'Connor Street, Ottawa,
Ontario, K1A 0G5. Tel: 613-992-0049.
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Income Tax Act,
section 221
To be published
in Canada Gazette September 30, 1998
|
Food and
Drug Regulations (1098), amendment (SOR/98-454,
OIC 1998-1574)
The
amendment provides for the use of pullulanase from Bacillus
licheniformis SE2-Pul-int211 (pUBCDEBRA11DNSI) at levels
consistent with "Good Manufacturing Practice".
The
Regulations currently provide for the use of the enzyme
pullulanase from Bacillus acidopullulyticus NCIB 11647 in
starch used in the production of dextrins, maltose,
dextrose, glucose (glucose syrup), glucose solids (dried
glucose syrup) or fructose syrups and solids, bread, flour,
whole wheat flour and unstandardized baked goods at levels
consistent with "Good Manufacturing Practice". The amendment
will allow the use of pullulanase from a new source, a
genetically engineered Bacillus licheniformis organism
containing the pullulanase gene from Bacillus
deramificans.
This
amendment will provide industry with an alternative source
of pullulanase for use in starch derived sweeteners and in a
variety of standardized and unstandardized bakery
products.
The
regulation comes into effect September 15, 1998.
- Contact: Director, Bureau
of Food Regulatory, International and Interagency
Affairs, Health Canada, A.L. 0702C, Ottawa, Ontario, K1A
0L2. Tel: 613-957-1828; Fax: 613-941-3537.
|
Food and Drugs
Act, subsection 30(1)
To be published
in Canada Gazette September 30, 1998
|
National
Parks Businesses Regulations, 1998 (SOR/98-455,
OIC 1998-1575)
The
regulatory initiative repeals the National Parks Businesses
Regulations and replace them with the National Parks
Businesses Regulations, 1998.
The new
Regulations consolidate portions of the existing regulations
that are being retained but do not contain the fee sections
and schedules contained in the existing regulations. In
effect, the fees are deregulated; new fees will be developed
later.
In
addition, the new regulations make changes to the retained
portions of the existing regulations to deal with concerns
raised by the Standing Joint Committee for the Scrutiny of
Regulations.
|
National Parks
Act, paragraph 7(1)(p)
To be published
in Canada Gazette September 30, 1998
|
|
Those
concerns involved: the correction of a French/English
discrepancy, the clarification of the intent of several
sections to remove ambiguity by adding missing words or
making minor wording changes, the removal of discretionary
clauses from two provisions, and the removal of a section
which is outside the authority given by the National Parks
Act.
Parks
Canada has no immediate plans to change the fees set out in
the National Parks Businesses Regulations once they are
deregulated. The fees will remain the same pending the
establishment of a new fee structure.
Parks
Canada will develop a new fee structure in consultation with
affected parties. This process will take some time and,
therefore, it was decided that the deregulation of fees
would be processed independently of the development of a new
fee structure.
The
regulation comes into effect September 15, 1998.
- Contact: Director, Bureau
of Food Regulatory, International and Interagency
Affairs, Health Canada, A.L. 0702C, Ottawa, Ontario, K1A
0L2. Tel: 613-957-1828; Fax: 613-941-3537.
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|
Atlantic Pilotage Authority
Regulations, 1996, amendment (SOR/98-460,
OIC 1998-1619)
This
amendment corrects errors in the Scedule to SOR/98-327 dated
June 4, 1998which adjusted rates and tariff charges made by
the Atlantic Pilotage Authority.
Schedule
III has been replaced in its entirety.
- Contact:
Captain R.A. McGuinness,
Chairman, Atlantic Pilotage Authority, Purdy's Wharf,
Tower I, Suite 1402, 1959 Upper Water Street, Halifax,
Nova Scotia, B3J 3N2. Tel: 902-426-2550; Fax:
902-426-4004.
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Pilotage
Act , subsection 34(1)
To be published
in Canada Gazette September 30, 1998
|
Order Declaring
an Amnesty Period (SOR/98-467,
OIC 1998-1667)
The Order
provides for an amnesty period to allow individuals and
businesses to: (1) dispose lawfully, in the ways permitted
by the Order, of those handguns that will become prohibited
when the new Part III of the Criminal Code comes into force;
(2) dispose lawfully of prohibited handgun barrels; and, (3)
turn in or register unregistered restricted firearms. This
Order is part of the package of statutory and regulatory
provisions implementing the new program for the control of
fire-arms and other weapons.
The Order
provides limited immunity, for a period of one year from
October 1, 1998 to September 30, 1999, from certain offences
under the Criminal Code relating to the simple possession of
prohibited handguns in four situations. In each case, the
individual or business involved is protected from criminal
liability by reason only of being in possession of the
handgun prior to or while disposing of or modifying it in
accordance with the terms of the Order.
These
four situations are as follows:
- Section 2 of the Order
applies to all individuals who have a non-grandfathered
prohibited handgun, those acquired and registered after
February 14, 1995 and before October 1, 1998. They may
deal with the handgun in any of the following five ways:
deactivate the handgun so that it is no longer a firearm;
change the barrel length so as to take the handgun out of
the prohibited class and make it a restricted firearm;
export the handgun; turn it in to a police officer or a
firearms officer for destruction or other disposal; or,
sell or give the handgun to a business licensed to
possess them for a prescribed purpose or to a public
service agency.
|
Criminal
Code , section 117.15 and subsection 84(1)
To be published
in Canada Gazette September 30, 1998
|
- (2) Section 3 of the Order
applies to individuals who have a prohibited handgun that
is grandfathered, and which they acquired and registered
after February 14, 1995 and before October 1, 1998, but
who cannot retain it because they themselves are not in
the grandfathered class. They may deal with it in the
same five ways as above, and may also sell or give the
handgun to an individual who is in the grandfathered
class.
- (3) Section 4 of the Order
applies to business dealers who have a prohibited handgun
that was in their inventory on February 14, 1995. They
may deal with it in the same five ways as individuals in
possession of a non-grandfathered handgun.
- (4) Section 5 of the Order
applies to business dealers who have prohibited handguns
that were acquired as inventory after February 14, 1995.
They may deal with it in one of the following three ways:
(1) deactivate it; (2) change the barrel length; or (3)
turn it in to a police officer or firearms officer for
destruction or other disposal.
Section 6
of the Order also allows individuals and businesses to
dispose of prohibited handgun barrels (those which are 105
mm or less in length) by: turning them in to a police
officer or firearms officer for destruction or other
disposal; exporting them; or selling or giving them to a
business licensed to possess them for a prescribed purpose
or to a public service agency.
Sections
7 and 8 of the Order deal with unregistered restricted
firearms. These firearms must now be registered in
accordance with the provisions of the Criminal Code. Both
individuals and businesses may turn in unregistered
restricted firearms to a police officer or a firearms
officer for destruction or other disposal. Individuals who
obtain a licence under the Firearms Act for the acquisition
of restricted firearms will be allowed to register them.
Only "new" businesses will be allowed under the terms of the
amnesty to register restricted firearms that should now be
registered under the current law because they are not part
of a lawful business inventory. These are businesses that
come within the definition in the Firearms Act of a
"business", and have obtained a firearms business licence,
but did not hold a business permit under the current
provisions of Part III of the Criminal Code. Any firearms
they now possess they hold as individuals, and they will be
given the same opportunity as individuals to register
previously unregistered restricted firearms. Holders of
business permits are not currently required to register
restricted firearms in their inventory. These firearms must
now simply be recorded with the Commissioner of the
R.C.M.P., although they must be registered under the new
law.
The Order
comes into effect October 1, 1998.
- Contact: Legal Counsel,
Canadian Firearms Centre, Department of Justice, East
Memorial Building, 284 Wellington Street, Ottawa, Ontario
K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.
|
|
Public
Agents Firearms Regulations, amendment (SOR/98-468,
OIC 1998-1668); Authorization to Export or Import Firearms
Regulations (Businesses), amendment (SOR/98-469,
OIC 1998-1669); Gun Shows Regulations, amendment (SOR/98-470,
OIC 1998-1670)
These
amendments delay the coming into force of the Authorization
to Export or Import Firearms Regulations (Businesses), the
Gun Shows Regulations and certain sections of the Public
Agents Firearms Regulations until April 1, 1999.
|
Criminal
Code , sections 117.15
To be published
in Canada Gazette September 30, 1998
|
|
The
amendments come into effect September 16, 1998.
- Contact: Legal Counsel,
Canadian Firearms Centre, Department of Justice, East
Memorial Building, 284 Wellington Street, Ottawa, Ontario
K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.
|
|
Pre-Published and Approved
With
comments or changes
|
Statutory
Authority
|
Canada
Occupational Safety and Health Regulations, amendment
(SOR/98-456,
OIC 1998-1578)
The
amendment establishes federal regulation of diving following
an accident that claimed the lives of two divers in the St.
Lawrence Seaway.
The new
diving Regulation includes requirements relating to the
training and medical certification of divers as well as
procedures to be followed by employers and divers to meet
recognized standards of operational and equipment safety in
all aspects of diving operations.
Application of the Regulation includes diving operations
conducted for the purposes of scientific research, criminal
investigation, and underwater construction and
inspection.
|
Canada Labour
Code, sections125, 126 and 157
To be published
in Canada Gazette September 30, 1998
|
|
The
Regulation will apply to all diving operations taking place
under federal jurisdiction, except those subject to the
following Regulations: the Canada Oil and Gas Diving
Regulations, the Nova Scotia Offshore Area Petroleum Diving
Regulations and the Newfoundland Offshore Area Petroleum
Diving Regulations.
The
proposed regulations were prepublished in the Canada Gazette
Part I and come into effect on September 15, 1998.
- Contact: Timothy W.
Pullen, Human Resources Development Canada (Labour), 165
Hôtel de Ville, Place du Portage - Phase II, 10th
Floor, Hull, Quebec, K1A 0J2. Tel: 819-953-7981 Fax:
819-953-4830.
|
|
Motor Vehicle
Safety Regulations (User-ready Tether Anchorages for
Restraint Systems), amendment (SOR/98-457,
OIC 1998-1585)
This
amendment requires that tether anchorages be ready to use in
passenger cars as of September 1, 1999.
The
amendment also extends the requirement for user-ready tether
anchorages to MPVs and trucks with a gross vehicle weight
rating of 3 864 kg or less and an unloaded vehicle mass of 2
495 kg or less as of September 1, 2000. The Department of
Transport's intention to make this amendment, which proposed
a number of other related changes, was prepublished in the
Canada Gazette, Part I, on March 15, 1997.
A number
of changes have been made to the original proposals to
provide greater manufacturer flexibility in providing for
the provision of tether anchorages.
For cars
and trucks, the tether anchorage requirements are as
follows: in vehicles with only one row of designated seating
positions, each such position, other than that of the
driver, must be equipped with an anchorage. In vehicles with
more than one row of designated seating positions, each
forward-facing designated seating position in any one row,
except the first, had to be equipped with a tether
anchorage.
For MPVs
with six or more designated seating positions, paragraph
3(d) requires that a total of three forward-facing
designated seating positions in the rows behind the first
row, positioned at the discretion of the manufacturer, be
equipped with an anchorage. These provisions give
manufacturers flexibility in locating user-ready tether
anchorages and take into account the constraints imposed by
the design of MPVs.
The
amendment sets out testing procedures, establishes anchorage
zones and describes permitted routing devices.
- Contact: France Legault,
Occupant Restraint Engineer, Road Safety and Motor
Vehicle Regulation Directorate, Department of Transport,
Ottawa, Ontario, K1A 0N5. Tel: 613-998-1963; Fax:
613-990-2913; e-mail: legaulf@tc.gc.ca.
|
Motor Vehicle
Safety Act, sections125, 126 and 157
To be published
in Canada Gazette September 30, 1998
|
Regulations Prescribing Certain
Firearms and other Weapons,
Components and Parts of Weapons, Accessories,
Cartridge Magazines,
Ammunition and
Projectiles as Prohibited or
Restricted (SOR/98-462,
OIC 1998-1662)
The
regulations prescribe certain prohibited 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 cover weapons, firearms, devices and
ammunition.
|
Criminal
Code , sections 117.15
To be published
in Canada Gazette September 30, 1998
|
|
Part 1
covers prohibited paramilitary firearms (the
Velmut Hunter is deleted from
the list and the Taser Public
Defender and the SSS-1 Stinger 9
is 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 to
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
Regulations come into effect October 1, 1998.
- Contact: Legal Counsel,
Canadian Firearms Centre, Department of Justice, East
Memorial Building, 284 Wellington Street, Ottawa, Ontario
K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.
|
|
Regulations Repealing Certain Orders and Regulations Made
under the Criminal Code (SOR/98-463,
OIC 1998-1663)
The
regulations repeal 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
Regulation come into effect October 1, 1998.
- Contact: Legal Counsel,
Canadian Firearms Centre, Department of Justice, East
Memorial Building, 284 Wellington Street, Ottawa, Ontario
K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.
|
Criminal
Code , section 117.15 and subsection 84(1)
To be published
in Canada Gazette September 30, 1998
|
Regulations Prescribing Antique
Firearms (SOR/98-464,
OIC 1998-1664)
Antique 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.
The
Regulations come into effect October 1, 1998.
- Contact: Legal Counsel,
Canadian Firearms Centre, Department of Justice, East
Memorial Building, 284 Wellington Street, Ottawa, Ontario
K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.
|
Criminal
Code , sections 117.15
To be published
in Canada Gazette September 30, 1998
|
Regulations Prescribing
Exclusions from Certain Definitions of the Criminal Code
(International Sporting Competition Handguns) (SOR/98-465,
OIC 1998-1665)
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 thus allow Canadian athletes to participate in
international competitions and allow Canada to host
sanctioned shooting competitions.
The
Regulations come into effect October 1, 1998.
- Contact: Legal Counsel,
Canadian Firearms Centre, Department of Justice, East
Memorial Building, 284 Wellington Street, Ottawa, Ontario
K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.
|
Criminal
Code , sections 117.15
To be published
in Canada Gazette September 30, 1998
|
Regulations Prescribing Public
Officers (SOR/98-466,
OIC 1998-1666)
These
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:
- persons who deal with the
examination and transportation of firearms/weapons and
other matters involving evidence in court cases;
- employees of
police forces and other
public service agencies who are responsible for the
inventory, storage and other matters concerning firearms
and other weapons at such agencies;
- technicians, analysts and
scientists at forensic and research laboratories;
- armourers and
firearms instructors at
police academies or employed
by government departments that deal with such matters as
wildlife, the environment, or customs and excise;
-
park wardens and other
personnel who enforce laws dealing with such matters as
natural resources, fisheries and conservation;
-
immigration officers;
and
-
parliamentary security
personnel.
The
Regulations come into effect October 1, 1998.
- Contact: Legal Counsel,
Canadian Firearms Centre, Department of Justice, East
Memorial Building, 284 Wellington Street, Ottawa, Ontario
K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.
|
Criminal
Code , sections 117.15
To be published
in Canada Gazette September 30, 1998
|
