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Proposed Regulations
for Pre-Publication in
Part I, Canada Gazette
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Statutory Authority
&
Regulatory Plan Listing
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Fishing and Recreational
Harbours Regulations, amendment
The proposed regulations
would require that any person who uses a vessel as a
residence must obtain a lease from the Minister of
Fisheries and Oceans. This would replace the current
discretion of a harbour manager to approve the berthing
of a floating home in a harbour.
The amendment also clarifies
the prohibition against a person berthing a vessel which
may "endanger or cause damages to the harbour facilities"
by using the phrase "endanger or damage the harbour
facilities", as recommended by the Standing Joint
Committee for the Scrutiny of Regulations (SJC). In
addition, as recommended by the SJC, the definition of
"floating home" would be repealed and replaced with
functional terminology used in the new prohibition set
out in section 7.1, which refers to a "vessel to be used
as a residence".
The new leasing/licensing
regime will involve berthage fees, to be based on
market-based rates. These are not set out in these
proposed amendments.
- Contact: Yolaine
Maisonneuve, Director, Harbour Operations, Department
of Fisheries and Oceans, 200 Kent Street, Ottawa,
Ontario, K1A 0E6. Tel: 613-993-2972.
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Fishing and Recreational
Harbours Act, section 9
Not included in Regulatory
Plan
Published in Canada Gazette
January 3, 1998
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Consular Fees (Specialized
Services) Regulations,
The proposed regulation
repeals the Consular Fees Regulations (SOR/88-377) and
would increase the fees for 24 specialized services set
out in a schedule.
The regulations would also
provide for the waiver of the fee in certain instances,
including for a person who is destitute or to whom
overriding humanitarian or compassionate considerations
apply. Also excluded are services provided to a Canadian
or foreign official, for a naval vessel or service
aircraft of a Commonwealth country.
Among the specialized
services are: administering an oath ($50 per document);
attesting the execution of a document, other than a
certificate of origin or a document in support of a
consignment of goods ($50 per document); initialling
alterations in any document not prepared by a consular
officer ($50 per document); certifying a copy of a
document ($20 per page); arranging for and effecting the
transfer of private or public funds from Canada or
elsewhere to a mission.
- Contact: H.G. Pardy,
Director General, Consular Affairs Bureau, Department
of Foreign Affairs and International Trade, Lester B.
Pearson Building, 125 Sussex Drive, Ottawa, Ontario,
K1A OG2. Tel: 613-996-2213; Fax :
613-992-6135; E-mail :
pierre.pichette@extott 23. x400.gc.ca.
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Financial Administration
Act , subsection 19(1)(a)
Not included in Regulatory
Plan
Published in Canada Gazette
January 3, 1998
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Mackenzie Valley Land Use
Regulations
The proposed regulations
would replace the Territorial Land Use
Regulations (TLURs) in the Mackenzie Valley. The
change would establish the land management regime
pursuant to the Gwich'in Comprehensive Land Claim
Agreement of April 22, 1992 and the Sahtu Dene and Metis
Comprehensive Land Claim Agreement of September 6, 1993.
The Regulations would set
out:
- land use activities that
require a permit on all lands within the Mackenzie
Valley, excluding national parks;
- land uses that are
prohibited without the express written authority of
the Mackenzie Valley Land and Water Board or the
inspector;
- procedures for applying
for a permit;
- the process for issuing
a permit;
- provisions relating to
security deposits (with higher amounts than the
maximum $100,000 set out under the TLURs); and
- the fee schedule.
The regulations are modeled
on the TLURs and are modified:
- to recognize the Board
as the authority for regulating land use (with the
Board replacing the Department of Indian Affairs and
Northern Development);
- to expand regulation to
settlement and other private fee simple lands; and
- to update the provision
for security deposits.
The regulations would also
subject all development proposals in the Mackenzie Valley
to environmental impact review.
The fee schedule would be
consistent with the TLURs.
- Contact: Will Dunlop,
Director, Resource Policy and Transfers, Northern
Affairs Program, Department of Indian Affairs and
Northern Development, Les Terraces de la
Chaudière, Ottawa, Ontario, K1A 0H4. Tel:
819-994-7468; Fax: 819-953-0335.
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Mackenzie Valley
Resource Management Act , section 59, subsection
72(3) and sections 86 and 90
IAND/95-17-I
Published in Canada Gazette
January 3, 1998
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Territorial Land Use
Regulations, amendment
The proposed amendment would
remove the application of the regulations to the
Mackenzie Valley upon enactment of the proposed Mackenzie
Valley Resource Management Act and the Mackenzie Valley
Land Use Regulations.
- Contact: Will Dunlop,
Director, Resource Policy and Transfers, Northern
Affairs Program, Department of Indian Affairs and
Northern Development, Les Terraces de la
Chaudière, Ottawa, Ontario, K1A 0H4. Tel:
819-994-7468; Fax: 819-953-0335.
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Territorial Lands
Act , paragraph 23(j)
IAND/95-17-I
Published in Canada Gazette
January 3, 1998
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Patented Medicines (Notice of
Compliance) Regulations, amendment
The proposed amendments
would introduce a number of improvements to the
Regulations.
More specifically, the
proposed changes include:
- reducing the length of
stay to 24 months from 30 months, whereby the Minister
is prevented from issuing a Notice of Compliance (NOC)
while patent issues are resolved;
- modifying court
discretion to lengthen or shorten a stay, based on the
diligence of the patentee in pursuing its application;
- specifying circumstances
in which damages or costs can be awarded, including
allowing the court to award costs to either a generic
manufacturer or a patentee, including solicitor and
client costs;
- requiring patentees to
certify that the patents submitted on a patent list
are relevant to the particular version of a drug;
- authorizing the Minister
of Health to audit the patent list and to remove
ineligible patents from the patent list;
- clarifying the court's
capacity to order disclosure to the patentee of a
generic manufacturer's NOC submission, as well as to
require that documents disclosed be treated
confidentially;
- requiring a generic
manufacturer to indicate to the patentee the version
of the drug it intends to market (with respect to a
notice of allegation (NOA) relating to
non-infringement);
- preventing a NOA
relating to non-infringement being submitted without a
generic manufacturer having first filed a submission
for NOC approval with the Minister of Health;
- imposing the burden of
proof of proving that a patent would not be infringed
on a generic manufacturer seeking to make a version of
a patentee's drug and alleging non-infringement of a
product-by-process patent on the patent list;
- lengthening the period
to add newly-issued patents to the patent list to 45
days from the current 30, where such patents were
applied for prior to the filing of the original NOC
submission for the relevant drug; and
- providing for a generic
manufacturer to be able to have the patentee's case
dismissed at an early stage, in certain circumstances.
The proposed changes respond
to the April 1997 report of the Standing Committee on
Industry reviewing the Patent Act Amendment Act,
1992 .
The government has indicated
its willingness to bring the proposed regulations into
force on a stage basis, in order not to given either
patentees or generic manufacturers any strategic
advantage.
- Contact: Vinita Watson,
Director General, Corporate Governance Branch,
Industry Canada, 235 Queen Street, West Tower, 5th
Floor, Ottawa, Ontario, K1A 0H5. Tel: 613-952-0211;
Fax: 613-952-1980; E-mail: watson.vinita@ic.gc.ca
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Patent Act ,
section 5 and subsection 55.2(4)
Not included in Regulatory
Plan
Published in Canada Gazette
January 24, 1998
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Exempt from Pre-Publication
and Approved
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Statutory Authority
&
Regulatory Plan Listing
|
Amendments to Part XI of the Income
Tax Regulations relating to Accelerated Capital Cost
Allowance for Mining and Bituminous Sands
(SOR/98-97,
OIC 1998-49)
These proposed regulations
give effect to two 1996 Budget proposals extending the
application of accelerated capital cost allowance to
certain mining activities.
More specifically:
- the cost of mining
property included in capital cost allowance (CCA)
Class 41 that becomes available for use in a year, in
excess of five percent of the gross revenue from the
mine for the year, qualifies for accelerated capital
cost allowance;
- all bituminous sands
projects, whether of the surface mining type or the
"in-situ" type, will be treated as mines for CCA
purposes.
The legislation implementing
the tax proposals of the 1996 Budget introduced the
definition "bituminous sands" in subsection 248(1) of the
Income Tax Act. This definition facilitates the
application of the CCA provisions in respect of
bituminous sands mines. The definition referred to a
"prescribed manner" for testing hydrocarbons to determine
whether they meet the requirements of the definition.
These regulations prescribe the conditions which apply to
the measurement of viscosity and density of hydrocarbons
for income tax purposes.
It is estimated that these
regulations implement a level of support (in the form of
tax expenditure) in the range of $30 to $45 million for
every $1 billion of capital investment in the oil sands
sector, and in the range of $5 million to $13 million for
every $1 billion of capital investment in the
conventional mining sector.
These regulations were
released in draft form on December 6, 1996.
- Contact: Alexandra
MacLean, Tax Legislation Division, Department of
Finance, L'Esplanade Laurier, 140 O'Connor Street,
Ottawa, Ontario, K1A 0G5. Tel: 613-992-5636.
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Income Tax Act ,
section 221
FIN/96-31-M
To be published in Canada
Gazette February 4, 1998
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Les Industries Fermco
Ltée Remission Order
(SI/98-29,
OIC 1997-28)
This Order remits $95,583.35
in interest on federal sales tax which Les Industries
Fermco Ltée failed to charge on sales of houses to
Indians because of incorrect advice from government
officials.
The Order relates to a
matter decided by the Federal Court on October 27, 1994.
- Contact: Kjerstine
Holmes, A/Secretary Interdepartmental Remission
Committee, Department of National Revenue, 6th Floor,
Connaught Building, 555 MacKenzie Avenue, Ottawa,
Ontario, K1A 0L5. Tel: 613-954-6937.
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Financial Administration
Act , subsection 23(2)
Not included in Regulatory
Plan
To be published in Canada
Gazette February 4, 1998
|
Pre-Published and Approved
No comments or changes
|
Statutory Authority
&
Regulatory Plan Listing
|
Food and Drug Regulations,
amendment (Schedule No. 1000)
(SOR/98-98,
OIC 1998-54)
This amendment clarifies
that the Maximum Residue Limit (MRL) for processed foods
is the same as the raw agricultural product from which
the food is manufactured or derived.
The change eliminates the
need to list every processed product covered under the
MRL in Table II of Division 15 of the Regulations.
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Food and Drugs Act
, subsection 30(1)
HCan/97-30-I
To be published in Canada
Gazette February 4, 199
|
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The amendment, prepublished
in the Canada Gazette Part I on September 6, 1997, comes
into force on January 26, 1998.
- Contact: Head, Food
Residue Exposure Assessment Section, Pest Management
Regulatory Agency, Health Canada, A.L. 6605E1, 2250
Riverside Drive, Ottawa, Ontario, K1A 0K9. Tel:
613-736-3520; Fax: 613-736-3505.
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Ministerial Orders
Approved
|
Statutory Authority
&
Regulatory Plan Listing
|
Order Establishing
Specifications Relating to Non-automatic Weighing Devices
(SI/98-26);
Order Regarding Weights and Measures Specifications
(SI/98-27)
The two Orders update the
standards for weighing and measuring devices to make them
more appropriate to new technology and more compatible
with standards applied by Canada's major trading
partners.
The updated specifications
for non-automatic weighing devices will permit the
enforcement of standards that reflect the modern
technology used in the design and operation of
non-automatic weighing devices and that are more
compatible with international standards, especially those
applied by the United States, while taking into account
Canada's particular needs.
The establishment of the new
Specifications make some sections of the Regulations and
existing Ministerial Specifications redundant or
contradictory; these sections of the legislation are
revised or revoked.
The two Orders came into
effect November 1, 1997.
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Weights and Measures
Act , sections 13 and 27
Not included in Regulatory
Plan
To be published in Canada
Gazette February 4, 1998
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Telecommunications
Apparatus Assessment and Testing Fees Order, amendment
(SOR/98-91)
The amendment modifies
section 5 and subsections 6(2), 8(2) and 9(1) of the
Telecommunications Apparatus Assessment and Testing Fees
Order. These changes are being made at the request of the
Standing Joint Committee for the Scrutiny of Regulations
(SJC).
More specifically:
- a grammatical error is
being corrected in section 5 of the English version of
the Order;
- the word "and" has been
added before the words "also applies to the Minister";
- subsection 6(2) is
revoked because the Order authorizing the Minister to
prescribe fees does not provide the Minister with the
authority to make this provision;
- subsection 8(2) is being
revoked because the subsection enumerates the fees
payable which are covered by other sections of the
Telecommunications Apparatus Assessment and Testing
Fees Order; and
- the word "minister" in
subsection 9(1) is replaced by the word "Minister" in
the English version of the Order.
- Contact: Marie R.
Lefebvre, Regulatory Management Officer, National and
International Regulations, Radiocommunications and
Broadcasting Regulatory Branch, Industry Canada, 300
Slater Street, Ottawa, Ontario, K1A 0C8. Tel:
613-998-2927; Fax.: 613-993-4433; e-mail: lefebvre.
marie@ic.gc.ca
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Financial Administration
Act , paragraph 19(1)(b)
Not included in Regulatory
Plan
Published in Canada Gazette
January 21, 1998
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