Proposed
Regulations
for
Pre-Publication in Part I, Canada Gazette
|
Statutory
Authority
|
Interim
Market Authorities
Health
Canada has issued four Interim Marketing Authorizations, as
follows:
- to permit the immediate
use of calcium sulphate as a binding agent in the
production of "surimi" at a maximum level of use of 0.06
percent;
- to permit the addition of
carbon dioxide as a preservative agent in the production
of cottage cheese and creamed cottage cheese in an amount
consistent with good manufacturing practice;
- to permit the use of
potassium lactate and sodium lactate in cooked solid cut
meat and poultry products at levels consistent with good
manufacturing practice, and provide for a minimum meat
protein content of 12 percent in these cooked solid cut
meat and poultry products containing added lactates;
and
- to permit the immediate
sale of dried peas and wheat with Maximum Residue Limits
for glufosinate-ammonium, including its metabolite, at 3
parts per million and 0.2 p.p.m. respectively.
The
Interim Marketing Authorizations are issued while the
regulatory process to formally amend the Regulations to
allow these uses are completed.
|
Food and Drugs
Act
Published in
Canada Gazette January 30, 1999
|
By-law
Amending the Harbour Dues Tariff By-law
The
proposed Order would allow Canada Ports Corporation to
change harbour dues for the harbours of Belledune, New
Brunswick, and Trois-Rivières, Sept-Îles,
Saguenay and Baie des Ha! Ha!, Quebec, from time to time
until January 1, 2002, at a rate not to exceed 4 percent per
year.
- Contact: J. Lynes,
President and Chief Executive Officer, Canada Ports
Corporation, Place de Ville, Tower C, 330 Sparks Street,
Ottawa, Ontario K1A 0N6. Tel: 613-957-6700.
|
Canada Ports
Corporation Act, section 39
Published in
Canada Gazette January 30, 1999
|
Benzene
in Gasoline Regulations, amendment
The
proposed amendments would, in recognition of exceptional
circumstances under which companies supplying gasoline may
not be able to meet the July 1, 1999 implementation date for
the reduction of benzene in gasoline, permit refiners,
blenders and importers to apply for a temporary alternative
limit for benzene in gasoline.
Since the
regulations also control the benzene emissions number (BEN)
which is related to the benzene content of gasoline, the
amendments would also allow companies to apply for a
temporary alternative limit for the BEN.
The
temporary limits could only be used until the end of
December 1999, at the latest.
In order
to use an alternative limit, an applicant would have to
demonstrate that:
- (1) it cannot meet the
implementation date for reasons beyond its reasonable
control; and
- (2) if not allowed extra
time it will suffer financial hardship or be forced out
of business, or that the regional supply of gasoline will
be significantly affected.
In the
event that a supplier of gasoline qualifies under the
amendments for temporary alternative limits for benzene and
the BEN, the Minister of the Environment would publish a
notice in the Canada Gazette identifying the company, its
alternative limits, the period that the limits apply and the
areas where the company supplies gasoline that is subject to
the temporary alternative limit.
The
Benzene in Gasoline Regulations were published in the Canada
Gazette, Part II, on November 26, 1997. The Regulations
control the level of benzene, a known human carcinogen, in
gasoline. The Regulations also include controls on a
calculated number called the benzene emissions number (BEN),
which relates gasoline composition to estimated emissions of
benzene from vehicles.
By letter
dated December 12, 1997, the Canadian Petroleum Products
Institute informed Environment Canada that compliance with
the implementation date for the Regulations of July 1, 1999,
would be "impossible for some refiners". Subsequent
discussions with individual companies indicated that one
company was concerned about meeting the implementation date
at two of its refineries. Two other companies stated that
they might also have concerns, as unforeseen events could
result in delays.
The
amendments would also introduce an exemption from the
Regulations for gasoline that has been stored in the Arctic
for emergency purposes. Some of this gasoline has been
stored for years, even decades.
The
amendments also propose to revise the reference test method
for measuring the concentration of sulphur in gasoline, as
required for calculation of the BEN. This has been done
because the Canadian General Standards Board has recommended
that a recently developed test method be incorporated into
the Regulations as the reference test method.
|
Canadian
Environmental Protection Act, sections 34 and 87
Published in
Canada Gazette January 30, 1999
|
|
Finally,
the amendments include some minor wording changes to clarify
the requirements of the Regulations.
- Contacts: Ross White, Oil,
Gas and Energy Division, Air Pollution Prevention
Directorate, Environment Canada. Tel: 819-953-1120; or
Arthur Sheffield, Regulatory and Economic Analysis
Branch, Economic and Regulatory Affairs Directorate,
Environment Canada. Tel: 819-953-1172.
|
|
Migratory
Birds Regulations, amendment
The
proposed amendment to the Regulations creates a special
season when hunters may take overabundant species of greater
and mid-continent lesser snow geese for conservation
reasons.
This will
help protect and restore the biological diversity of arctic
wetland ecosystems and the ecosystems of important migration
and wintering areas by reducing the population size of
overabundant snow goose populations.
This will
be accomplished by extending the time periods during which
hunting may take place (e.g. spring and/or early fall,
outside the dates of the regular hunting season). In 1999,
this will occur in selected local areas of the provinces of
Quebec and Manitoba.
Hunters
would also be allowed to use special hunting methods and
equipment, including electronic calls, hunt in lure crops
and use artificial or natural bait, each in specified local
areas as determined in consultation with the provincial
government and local communities.
In recent
years, populations of greater and mid-continent lesser snow
geese have dramatically risen. The rapid population growth
is attributed to increased food availability during winter
months from agricultural operations and a declining rate of
mortality. As a result, these birds are no longer controlled
by the carrying capacity of winter habitat as they were
previously. Analysis of their effects on staging and arctic
breeding habitats shows that key habitats for migratory
birds and other wildlife are being adversely affected by
overuse. Left unchecked, overabundant snow goose populations
will seriously compromise the biological diversity of the
arctic ecosystem.
Finally,
this proposed amendment will allow for an increase in the
harvest of Ross geese. Ross geese and snow geese frequent
the same areas and cannot be easily distinguished when
hunting. The Ross goose population can withstand increased
harvest pressure because the population size is increasing
rapidly and is at a record high level.
- Contacts: Kathryn Dickson,
Senior Waterfowl Biologist, Migratory Birds Conservation
Division, Canadian Wildlife Service, Environment Canada,
Ottawa, Ontario K1A 0H3. Tel: 819-997-9733; Fax:
819-994-4445. Terry Mueller, Regulatory Analyst, Program
Analysis and Coordination Division, Canadian Wildlife
Service, Environment Canada, Ottawa, Ontario K1A 0H3.
Tel: 819-997-1272; Fax: 819-953-6283.
|
Migratory Birds
Convention Act, 1994, section 39
Published in
Canada Gazette January 30, 1999
|
Halifax
Harbour Dues By-law, amendment
This
order would allow Halifax Port Corporation to change harbour
dues for Halifax harbour from time to time until January 1,
2002, at a rate not to exceed 4 percent per year.
- Contact: D. F.
Bellefontaine, President and Chief Executive Officer,
Halifax Port Corporation, P.O. Box 336, Halifax, Nova
Scotia B3J 2P6. Tel: 902-426-3643.
|
Canada Ports
Corporation Act, section 13
Published in
Canada Gazette January 30, 1999
|
Canada
Occupational Safety and Health Regulations, amendment
The
proposed amendments to Part II reflect changes in the
scientific, technological and methodological processes
occurring in the workplace, and address certain safety and
health concerns that have arisen since Part II of the COSH
Regulations were promulgated in 1986.
More
specifically, the changes include:
- the change in the title of
Part II from "Building Safety" to "Permanent
Structures".
- the addition of new
provisions for grain handling facilities and specific
safety measures which have to be followed to provide for
the safety and health of employees climbing antennas,
towers and antenna-supporting structures.
- the referencing in its
entirety of the National Building Code of Canada, 1995,
along with the National Fire Code of Canada, 1995.
- addition of a new division
concerning heating, ventilating and air conditioning
(HVAC) systems. The provisions set out the requirements
for the installation, operation, inspection, testing,
cleaning and maintenance of HVAC systems or parts
thereof, which are under the control of the
employer.
Since the
proposal were first published in the Canada Gazette Part I
more than 18 months ago (March 16, 1996) and changes have
been made subsequently, the proposed regulations are being
republished in the Canada Gazette Part I.
- Contact: Richard Lafrance,
Program Advisor, Occupational Safety and Health
Compliance and Regulatory Development Unit, Labour
Branch, Human Resources Development Canada, Hull, Quebec
K1A 0J2. Tel: 819-997-8763; Fax: 819-953-4830; e-mail:
richard.lafrance@hrdc-drhc.gc.ca.
|
Canada Labour
Code, sections 125 and 126 and subsections 157(1) and
(1.1)
Published in
Canada Gazette January 30, 1999
|
Book
Importation Regulations
The
proposed amendments would introduces a parallel importation
regime for printed books that was created when the Copyright
Act was amended in 1998.
Parallel
importation refers to books that were legitimately published
in their country of origin but have been imported into
Canada without the consent of the Canadian rights owner.
The
proposed Regulations prescribe the standards that exclusive
distributors are required to adhere to in order to benefit
from the additional protection they would have under the
parallel importation regime. The Regulations also specify
the categories of books to be partially or wholly excluded
from the parallel importation provisions. The criteria
include: the form of the notice of the exclusive
distributor, delivery time, confirmation time, price
differential, rules for remaindered and other books, special
orders and leased books.
The
proposed current Regulations do not prohibit the importation
of used text-books. If restrictions on the importation of
used textbooks are ever warranted, the Government will
consult with all interested parties before amending the
Regulations to implement any such restrictions.
Under the
proposals, recourse to the provisions in the Copyright Act
against parallel importations of books will only be made
available to exclusive distributors in those circumstances
where the mark-up beyond the list price of a book is no
greater than a prescribed percentage, which varies according
to whether the books are imported from one of two areas: the
U.S., or Europe and the rest of the world.
|
Copyright Act,
sections 2, 2.6, and 62 and subsections 27.1(5) and (6)
Published in
Canada Gazette January 30, 1999
|
|
For
example, "(A) if the book is imported from the United
States, the list price in the United States, plus the
current exchange rate, plus 10 per cent of the price after
conversion, minus any applicable discounts, or (B) if the
book is imported from a country in Europe or any other
country, the list price in the country from which the book
is imported, plus the current exchange rate, plus 15 per
cent of the price after conversion".
These
percentages correspond to the average actual costs currently
paid by book importers for transportation and related
expenses, including shipping, handling and receiving,
inventory, financial reporting, general overhead and sales
and marketing ó for imports from those two areas.
- Contacts: Bruce Couchman,
Senior Legal Analyst, Intellectual Property Directorate,
Department of Industry, 235 Queen Street, 5th Floor W,
Ottawa, Ontario, K1A 0H5. Tel: 613-952-2621; Fax:
613-952-1980; Edith St-Hilaire, Policy Analyst, Copyright
Policy, Department of Canadian Heritage, 15 Eddy Street,
4th Floor, Room 135, Hull, Quebec, K1A 0M5. Tel:
819-997-5998; Fax: 819-997-5685.
|
|
Exceptions for Educational Institutions, Libraries, Archives
and Museums Regulations
The
proposed amendments would establish the rules for non-profit
educational institutions, libraries, archives, and museums
to benefit from "exceptions" under recent amendments to the
Copyright Act.
More
specifically, the amendments would permit non-profit
libraries, archives, and museums, or persons acting under
their authority, to do anything on behalf of a person that a
person may do while he or she is engaged in the research,
private study, criticism or review of copyrighted material.
This exception will allow these institutions to make copies
on behalf of patrons engaged in such "fair dealing"
activities. Furthermore, non-profit libraries, archives and
museums, or persons acting under their authority, may make a
single copy of certain articles appearing in a newspaper or
periodical, if they are satisfied that the copy is to be
used by the person for purposes of research or private
study.
The above
exceptions also apply in the case of interlibrary loans.
However, where the requested copy is transmitted
electronically between two institutions, the Act specifies
that the copy given to the patron must not be in digital
form.
The
Regulations prescribe the information to be recorded by such
institutions concerning copies of copyrighted material they
have made for patrons under the exceptions. The Regulations
further provide that the information must be retained by the
institutions for three years, and set conditions for access
to the records. However, where copying is done by an
institution at its premises for patrons engaged in "fair
dealing," records need to be kept only for copies made prior
to January 1, 2004. This "sunset" clause will provide
libraries, archives, museums and copyright owners the
opportunity to assess, over a set period of time, the costs
and benefits of this particular record keeping requirement.
Prior to the "sunset" date, the Departments of Industry and
Canadian Heritage will review the operation of this
provision with affected stakeholders.
In the
case of unpublished works, a non-profit archive may make a
copy of a work that has been deposited in the archive after
the coming into force of the exception where the copyright
owner has not prohibited copying.
|
Copyright Act,
sections 2, 2.6, and 62 and subsections 27.1(5) and (6)
Published in
Canada Gazette January 30, 1999
|
|
However,
the non-profit archive must be satisfied that the copy will
be used for purposes of research or private study. In the
event that a copyright owner cannot be located, and the work
was deposited in the archive prior to the coming into force
of the exception, records must be kept by the archive
containing information set out in the regulations. These
records are open to inspection by the author of the work,
the copyright owner of the work, or the representative of
the author or copyright owner.
A further
exception provides that non-profit educational institutions,
libraries, archives and museums with agreements with
copyright collectives and in certain other situations are
not liable with respect to independent uses of photocopiers
on their premises if a sign containing information set out
in the Regulations has been posted within the immediate
vicinity of the machine. The notice is to warn against
copyright infringement.
- Contacts: Bruce Couchman,
Senior Legal Analyst, Intellectual Property Directorate,
Department of Industry, 235 Queen Street, 5th Floor W,
Ottawa, Ontario, K1A 0H5. Tel: 613-952-2621; Fax:
613-952-1980; Edith St-Hilaire, Policy Analyst, Copyright
Policy, Department of Canadian Heritage, 15 Eddy Street,
4th Floor, Room 135, Hull, Quebec, K1A 0M5. Tel:
819-997-5998; Fax: 819-997-5685.
|
|
Ephemeral
Recordings Regulations
The
proposed amendments would define record-keeping requirements
in connection with two exceptions under Bill C-32, An Act to
amend the Copyright Act related to ephemeral recordings
which take into account the need of both radio and
television broadcasters to make temporary copies of
performances so as to facilitate their programming and
broadcasting operations.
Section
30.8 of the Copyright Act, as enacted by subsection 18(1) of
Bill C-32, allows a programming undertaking to make, without
payment of royalties, for the purpose of deferred
broadcasting, an ephemeral recording of a live performance
which incorporates copyrighted works. It also allows a
broadcasting undertaking to make, without payment of
royalties, a reproduction of an ephemeral recording made by
a programming undertaking, provided that both undertakings
belong to the same "prescribed network".
Section
30.9 of the Copyright Act, as enacted by subsection 18(1) of
Bill C-32, allows a broadcasting undertaking to reproduce a
sound recording of a copyrighted work in a format which
facilitates the delivery of programming.
Subsections 30.8(2) and 30.9(2) of the Copyright Act provide
that programming and broadcasting undertakings which make
ephemeral recordings in accordance with these exceptions
must keep current a record of information pertaining to each
ephemeral recording which they make. The required
information includes the date of making and destruction of
the recording as well as "any other prescribed
information".
The
proposed Regulations would define "network" for the purposes
of sub-section 30.8(9) of the Act and specific the
additional information which is required pursuant to
subsections 30.8(2) and 30.9(2).
The
Regulations, insofar as they relate to record keeping, are
limited to musical works.
The
record-keeping requirements under section 30.8 recognize
that the availability of information regarding the works
performed will vary depending on the nature of the event or
performance which underlies the making of the ephemeral
recording.
|
Copyright Act,
subsections 30.8(2), 30.8(9), 30.8(10), 30.9(2) and
62(1)
Published in
Canada Gazette January 30, 1999
|
|
In this
respect, the Regulations set out three tiers of record
keeping which generally reflect the conditions under which
ephemeral recordings are made:
- (i) where the broadcaster
has control over the selection of works that are
performed, it is obliged to record, among other things,
information which identifies the work, the performer, and
if a published sound recording is involved, the sound
recording;
- (ii) where the broadcaster
does not have control but is provided with notice of all
or nearly all of the works to be performed, it may rely
on the information provided in such notice; and
- (iii) the requirement is
lightest where the broadcaster has neither control over
nor notice of the bulk of the works to be performed.
In every
case, the undertaking which makes the ephemeral recording
must identify any broadcasting undertaking which makes a
reproduction pursuant to subsection 30.8(9) of the Act.
With
respect to record keeping pursuant to section 30.9, this
section deals with pre-recorded works selected by the
broadcaster itself. Therefore, information which is relevant
to copyright is usually readily available and the
broadcaster is obliged to record information which
identifies the work, the performer, and if a published sound
recording is involved, the sound recording.
- Contacts:
Éloïse Arbour, Policy Analyst, Copyright
Policy, Department of Canadian Heritage, 15 Eddy Street,
4th Floor, Room 133, Hull, Quebec, K1A 0M5. Tel:
819-997-5088; Fax: 819-997-5685; e-mail:
eloise_arbour@pch.gc.ca. Albert Cloutier, Policy Analyst,
Intellectual Property Policy Directorate, Department of
Industry, 235 Queen Street, 5th Floor W, Ottawa, Ontario,
K1A 0H5. Tel: 613-952-3804; Fax: 613-952-1980; e-mail:
cloutier.albert@ic.gc.ca.
|
|
Prince
Rupert Harbour Dues By-law, amendment
This
order would allow Prince Rupert Port Corporation to change
harbour dues for Halifax harbour from time to time until
January 1, 2002, at a rate not to exceed 4 percent per
year.
- Contact: D. Krusel,
President and Chief Executive Officer, Prince Rupert Port
Corporation, 110 Third Avenue W, Prince Rupert, British
Columbia, V8J 1K8. Tel: 604-627-7545.
|
Canada Ports
Corporation Act, section 13
Published in
Canada Gazette January 30, 1999
|
Pacific
Harbour Dues By-law, amendment
This
order would allow Vancouver Port Corporation to change
harbour dues for Halifax harbour from time to time until
January 1, 2002, at a rate not to exceed 4 percent per
year.
- Contact: Capt N. Stark,
President and Chief Executive Officer, Vancouver Port
Corporation, 1900 - 200 Granville Square, Vancouver,
British Columbia V6C 2P9. Tel: 604-666-8966.
|
Canada Ports
Corporation Act, section 13
Published in
Canada Gazette January 30, 1999
|
Canada
Pension Plan Regulations, amendment; Old Age Security
Regulations, amendment
These
proposed amendments are consequential to recent changes
under Bill C-2, An Act to establish the Canada Pension Plan
Investment Board and to amend the Canada Pension Plan and
the Old Age Security Act and to make consequential
amendments to other Acts, being chapter 40 of the Statutes
of Canada, 1997, which received Royal Assent on December 18,
1997.
The
enactment established the Canada Pension Plan Investment
Board and made amendments to the contribution, benefit and
funding provisions of the Plan.
|
Canada Pension
Plan, subsections 42(1), 65(2) and (3), 66(2.1), 104(1) and
104.01(2), paragraph 89(1)(a); Old Age Security Act,
subsection 33.01(2), 36(2) and 37(2.1), paragraphs 34(a) and
(m)
Published in
Canada Gazette February 6, 1999
|
|
In
addition, a number of minor changes included provisions
dealing with the restricted cancellation of retirement
benefits in favour of disability benefits, interprogram
set-offs against Human Resources Development programs and
reimbursement to provinces, municipalities and
administrators of disability income programs. The Canada
Pension Plan (CPP) and Old Age Security Act (OAS) have also
been amended to modernize the protection of information
provisions by creating a comprehensive information
protection and disclosure code.
Most of
the proposed regulatory amendments pertain to minor changes
described in this paragraph.
For
example:
- The new legislation
provides that over-payments may be recovered from any
amounts payable to an individual under any Act or program
administered by the Minister of Human Resources
Development. Section 42 of the Canada Pension Plan
Regulations and section 27.2 of the Old Age Security
Regulations are therefore amended to conform to the
amendments made to both Acts.
- The Canada Pension Plan
allows the Minister to reimburse a provincial or
municipal authority or administrators of disability
income programs for any advance, assistance or welfare
payment they provide for a month for which someone is
subsequently found entitled to CPP benefits. Prior to
Bill C-2, the reimbursement was limited to months after a
client signed a consent form. Bill C-2 removed that
limitation and reimbursement may now be made from the
later of the month of commencement of the CPP benefit or
the month the advance, assistance or welfare payment
commenced, regardless of when the consent form was
signed. Sections 76 and 76.1 of the Canada Pension Plan
Regulations are amended to conform to the amendments made
to the Act and to qualify the consent as being
irrevocable.
- The Old Age Security Act
also allows the Minister to reimburse a provincial or
municipal authority for any advance, assistance or
welfare payment they provide for a month for which
someone is subsequently found entitled to OAS benefits.
Like CPP, prior to Bill C-2, the OAS reimbursement was
limited to months after a client signed a consent form.
Similarly, Bill C-2 removed that limitation in the Old
Age Security Act and reimbursement may now be made from
the later of the month of commencement of the OAS benefit
or the month the advance, assistance or welfare payment
commenced, regardless of when the consent form was
signed. Section 28.1 of the Old Age Security Regulations
is therefore amended to conform to the changes made to
the Act and to qualify the consent as being
irrevocable.
- Minor amendments are made
to sections 37 and 60 of the Canada Pension Plan
Regulations and sections 2 and 28.1 of the Old Age
Security Regulations to ensure consistency with the
relevant provisions of both Acts.
- Contact: Heather
Bordeleau, Acting Director, Legislation Development
Division, Programs Directorate, Income Security Programs,
Human Resources Development Canada, Place Vanier, Tower
B, 8th Floor, Vanier, Ontario, K1A 0L1. Tel:
613-957-1626; Fax: 613-991-9119.
|
|
Canada
Small Business Financing Regulations
The
proposed regulations consolidates much of the existing Small
Business Loans (SBL) program (created in 1961 and scheduled
to end on March 31, 1999) under the new Canada Small
Business Financing Act.
These new
regulations seek to respond to a number of issues raised
during the comprehensive review of the SBL Program, and to
recommendations of the Public Accounts Committee resulting
from a 1997 audit of the existing SBL program.
For
example, the proposed regulations will provide a clear
definition of "related borrowers", who collectively, will be
limited to a loan of $250,000 under the CSBF Act, together
with a requirement that lenders must apply the same degree
of due diligence in their approval and administration of
CSBF Act loans as they do in their conventional lending.
No change
is being made to the 2 percent up-front loan registration
fee, while the existing 1.25 percent administration fee is
to be remitted more frequently than the annual remittance
under the existing regulations.
Lenders
will be required to provide greater information on the loan
registration form, and security requirements have been
clarified.
Lenders
will continue to have 36 months to file claims; however,
they will only receive interest at the full loan rate for
the first year, followed by interest at one-half the loan
rate for the second year and no interest during the third
year, in an effort to encourage lenders to deal more
promptly with realization and finalization of their claims.
In addition, the proposed regulations introduce interim
claim payments for lenders if a guarantee has been provided
and if the lender has realized on all security except for
the guarantee.
Ministerial authority for correcting inadvertent errors by
lenders will also be increased.
Lenders
will be permitted greater flexibility in taking, releasing
and substituting various types of security.
As
before, a loan would be limited to 90 percent of the
eligible cost including the cost of any non-reimbursable tax
and duties, and the Crown share of loan losses claimed would
remain at 85 percent of eligible net loss.
A
borrower will continue to be eligible under the CSBF program
if proposed revenues are not expected to exceed $5 million
during the year the loan application is approved, if its
business will be carried on for profit in Canada, and if it
does not include the business of farming or a business
having as its principal object the furtherance of a
charitable or religious purpose.
The
formula establishing the Minister's contingent liability for
a specific lender also remains unchanged.
Given the
broad consultations, the proposed regulations have an
abridged 15-day response period.
- Contacts: Serge Croteau,
Director General, Programs and Services Branch,
Operations Sector, Industry Canada, Ottawa, Ontario, K1A
0H5. Tel: 613-954-5533; Fax: 613-952-2635; e-mail:
croteau.serge@ic.gc.ca. Peter Webber, Team Leader,
Entrepreneurship and Small Business Office, Industry and
Science Policy Sector, Industry Canada, Ottawa, Ontario,
K1A 0H5. Tel: 613-941-2684; Fax: 613-954-5492; e-mail:
webber.peter@ic.gc.ca.
|
Canada Small
Business Financing Act, section 14
Published in
Canada Gazette February 6, 1999
|
Insurance
Companies Assessed Expenses Recovery Regulations
These
proposed amendments change the manner in which liquidation
assets from the estate of a failed insurance company are
distributed by the Office of the Superintendent of Financial
Institutions (OSFI) to insurance companies that were
previously required to pay a special assessment to cover the
costs of liquidating a failed institution.
The
changes were triggered by the liquidation of Northumberland
General Insurance Company, in which case OSFI received a
liquidation recovery in the amount of $37.3 million from the
estate of Northumberland.
OSFI has
been appointed as the liquidator of a number of failed
insurance companies. In each case, the Superintendent
appointed an agent to carry out the liquidation. The costs
incurred for liquidating a failed institution are
subsequently assessed against other insurance companies
pursuant to sections 686 and 687 of the Insurance Companies
Act.
The
proposed new regulations would prescribe the following:
(a)
recoveries received from an estate in a fiscal year that do
not aggregate more than $1 million will be offset against
future regular assessments; and (b) recoveries received from
an estate in a fiscal year that aggregate more than $1
million will cause the issuance of refund cheques (only for
amounts higher than $10). The issuance of cheques will
entail the tracking down of all companies that contributed
to the past assessments but have since either been
liquidated, withdrawn from Canada or merged with other
companies.
- 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.
|
Insurance
Companies Act, section 692 and paragraph 703(a)
Published in
Canada Gazette February 6, 1999
|
Regulations Amending the Canadian Aviation Regulations
(Parts I, IV, V and VII) (Miscellaneous Program)
These
proposed Regulations would amend the French-language
Canadian Aviation Regulations and the associated Standards
by replacing the term "technicien d'entretien
d'aéronefs (TEA)" with "ingénieur en
maintenance d'aéronefs (IMA)" wherever TEA occurs
throughout the Regulations and Standards. This change in
terminology will bring the French term in line with the term
now used in English, "aircraft maintenance engineer
(AME)".
The
Association québécoise des transporteurs
aériens inc. (AQTA) representative to the Canadian
Aviation Regulation Advisory Council (CARAC) sponsored the
request for the proposed change.
- Contact: The Chief,
Regulatory Affairs, AARBH, Transport Canada Safety and
Security, Place de Ville, Tower C, Ottawa, Ontario, K1A
0N8. Tel: 613-993-7284; Fax: 613-990-1198.
|
Aeronautics
Act, section 4.9
Published in
Canada Gazette February 6, 1999
|
Regulations Amending the Motor Vehicle Safety Regulations
(Brake Systems)
The
proposal amendments would change two sections of the
Regulations: section 105, entitled "Hydraulic Brake
Systems", and section 121, entitled "Air Brake Systems".
|
Motor Vehicle
Safety Act, subsections 5(1) and 11(1)
Published in
Canada Gazette February 6, 1999
|
|
The
proposed amendment requires, among other things, medium and
heavy vehicles to be equipped with antilock brake systems
(ABS). It also establishes requirements for stopping
distance performance for these medium and heavy
vehicles.
In
addition, the proposed amendment extends the applicability
of section 105 to vehicles equipped with an electric brake
system. In this connection, section 135 of the Regulations,
entitled "Passenger Car Brake Systems", must also be amended
to clarify its applicability.
The
amendment is being proposed in order to improve the braking
performance of vehicles equipped with an air brake system,
and vehicles having a gross vehicle weight rating (GVWR)
over 4 536 kg which are equipped with a hydraulic brake
system. Improved braking performance helps to reduce
collisions, casualties and property damage involving these
vehicles. The changes proposed in this amendment will
harmonize with those requirements in the United States which
have been introduced in their Federal Motor Vehicle Safety
Standards (FMVSS) 105 and 121.
The
proposed amendment introduces numerous changes including the
major requirements regarding antilock brake systems and
stopping capability that were promulgated by the U.S.
National Highway Traffic Safety Administration (NHTSA) in
March 1995. All the U.S. modifications to FMVSS 105 and
FMVSS 121, subsequent to the March 1995 final rules, are
incorporated in this proposed amendment.
In order
to fully harmonize the vehicle braking standards in Canada
with those in the United States, this proposed amendment
revokes the current CMVSS 105 and 121, replacing them with
much simpler versions that refer to Technical Standards
Documents (TSD), Number 105 - Hydraulic and electric brake
systems, and Number 121 - Air brake systems, which
incorporate, respectively, FMVSS 105 and FMVSS 121.
This
proposed amendment introduces a number of equipment and test
requirements which do not exist in the current CMVSS
121.
As
proposed, the new requirements would come into effect six
months after the Regulations are approved.
- Contact: Winson Ng, Road
Safety and Motor Vehicle Regulation Directorate,
Department of Transport, 330 Sparks Street, Ottawa,
Ontario, K1A 0N5. Tel: 613-998-1949; Fax: 613-990-2913;
e-mail: NGWK@tc. gc.ca.
|
|
Canadian
Nuclear Safety Commission Rules of Procedure
These
proposed Regulations would establish the rules of procedure
for the new future Canadian Nuclear Safety Commission (the
Commission).
In many
respects, the proposed rules reflect the AECB's current
practice as described in the Board's Regulatory Policy P-76,
Policy and Procedures for Making Submissions and Appearances
Before the Atomic Energy Control Board.
Included
are rules for carrying out and participating in public
hearings of the Commission, licence appeals, orders of
inspectors, and court orders.
- Contact: Ross Brown,
Manager, New Act Implementation Group, Atomic Energy
Control Board, 280 Slater Street, P.O. Box 1046, Ottawa,
Ontario, K1P 5S9. Tel: 613-995-1357; Fax: 613-995-5086;
e-mail: brown.r@atomcon.gc.ca.
|
Nuclear Safety
and Control Act, section 44
Published in
Canada Gazette February 13, 1999
|
Food and
Drug Regulations, amendment (Schedule 1054)
This
proposed amendment will provide for the use of annatto,
caramel, cochineal and sunset yellow FCF as colouring agents
in sausage casings at levels of 1.0 percent, 15 percent,
0.75 percent and 0.15 percent, respectively. The proposal
will also provide for the use of caramel as a colouring
agent in microwavable cooked sausages at a level of 0.057
percent.
- 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)
Published in
Canada Gazette February 20, 1999
|
Food and
Drug Regulations, amendment (Schedule 1126)
This
proposed amendment would establish a Maximum Residue Limit
(MRL) for prosulfuron in eggs, meat and meat by-products at
0.05 parts per million (ppm) and in corn and milk at 0.01
ppm.
- Contact: The Head, Food
Residue Exposure Assessment Section, Pest Management
Regulatory Agency, Health Canada, Address Locator 6605E1,
2250 Riverside Drive, Ottawa, Ontario, K1A 0K9. Tel:
613-736-3520/736-3671; Fax: 613-736-3505.
|
Food and Drugs
Act, subsection 30(1)
Published in
Canada Gazette February 20, 1999
|
Food and
Drug Regulations, amendment (Schedule 1127)
This
proposed amendment would establish a Maximum Residue Limit
(MRL) for cyprodinil in raisins at 3 parts per million
(ppm), in stone fruit and grapes at 2 ppm, in pome fruit at
0.1 ppm and in almonds at 0.02 ppm.
- Contact: The Head, Food
Residue Exposure Assessment Section, Pest Management
Regulatory Agency, Health Canada, Address Locator 6605E1,
2250 Riverside Drive, Ottawa, Ontario, K1A 0K9. Tel:
613-736-3520/736-3671; Fax: 613-736-3505.
|
Food and Drugs
Act, subsection 30(1)
Published in
Canada Gazette February 20, 1999
|
Port
Authorities Works Interim Regulations
This
proposed Regulations would preserve, on an interim basis,
the current regulatory regime for wharves, dredging and
other marine works when the new Canada Marine Act (CMA)
comes into effect.
The port
administrations that will be affected are Halifax, Montreal,
Prince Rupert, Quebec, Saguenay, Saint John,
Sept-Îles, St. John's, Trois-Rivières and
Vancouver.
The
Interim Regulations would require port authorities for the
above-mentioned ports, prior to undertaking marine works, to
assess the impact of the works on navigation in the port and
prepare a report. The Interim Regulations also require the
port authority to take all appropriate measures if the
report indicates that the works would have an adverse effect
on safety or navigation.
The
Interim Regulations would preserve the status quo and
provide greater certainty to port authorities until new
permanent operations regulations under the CMA can be
completed. The operations regulations are currently being
prepared by Transport Canada and are expected to be
completed later this year. It is expected that the
operations regulations will deal with marine works in more
detail.
- Contact: Bruce Bowie,
Executive Director, Marine Policy Reform, Place de Ville,
Tower C, 20th Floor, 330 Sparks Street, Ottawa, Ontario,
K1A 0N5. Tel: 613-998-0702; Fax: 613-993-7001.
|
Canada Marine
Act, subsection 30(1)
Published in
Canada Gazette February 20, 1999
|
Exempt
from Pre-Publication
and
Approved
|
Statutory
Authority
|
Income
Tax Regulations, amendment (SOR/99-81,
OIC 1999-133)
These
amendments expand the list of qualified investments for a
plan trust under Part XLIX of the Income Tax Regulations by
adding debts issued by the African Development Bank; and
debts issued by certain Canadian corporations without share
capital that are exempt from income tax under Part I of the
Income Tax Act.
Part XLIX
of the Income Tax Regulations lists a number of qualified
investments for registered retirement savings plans,
registered retirement income funds and deferred profit
sharing plans.
The
expansion of the list of qualified investments to include
the African Development Bank is consistent with a recent
amendment to section 206 of the Act that relates to the 20%
limit for foreign property, under which debt issued by the
African Development Bank is not treated as "foreign
property". The African Development Bank is one of a number
of multilateral development banks in which Canada
participates that are provided with similar tax
treatment.
The
expansion of the list of qualified investments to include
certain debt issued by an arm's length non-profit
corporation recognizes the increasingly important role of
non-profit corporations in the Canadian economy.
- Contact: Simon Thompson,
Tax Legislation Division, Department of Finance,
L'Esplanade Laurier, 140 O'Connor Street, Ottawa,
Ontario, K1A 0G5. Tel: 613-992-0049.
|
Income Tax Act,
section 221
To be published
in Canada Gazette February 17, 1999
|
National
Energy Board Electricity Regulations, amendment (SOR/99-83,
OIC 1999-155)
This
non-substantive amendment changes the address for the
National Energy Board in the Regulations to "444 - 7th
Avenue S.W., Calgary, Alberta, T2P 0X8".
- Contact: S. Gudgeon,
Paralegal National Energy Board, 444 - 7th Avenue S.W.,
Calgary, Alberta, T2P 0X8. Tel.: 403-299-2704; Fax:
403-292-5503; e-mail: sgudgeon@neb.gc.ca
|
National Energy
Board Act, sections 58.39a and 119.09
To be published
in Canada Gazette February 17, 1999
|
Hydro
Quebec Turbine Remission Order (SOR/99-90,
OIC 1999-194)
This
Order remits the customs duties on four 84 MW gas turbines
imported by Hydro Québec for use in the manufacture
of generator sets for the Bécancour power
station.
Tariff
relief on the imported gas turbines eliminates a tariff
anomaly wherein, at the time, certain generator sets could
have been imported duty-free whereas the components imported
to produce them were subject to a tariff. The turbines could
not be sourced from Canadian production.
The Order
involves foregone duties of some $2-million.
- Contact: Megan Clifford,
International Trade Policy Division, Department of
Finance, Ottawa, Ontario, K1A 0G5. Tel:
613-992-6890.
|
Customs Tariff,
section 115
To be published
in Canada Gazette March 3, 1999
|
Income
Tax Regulations, amendment (SOR/99-91,
OIC 1999-195)
The
amendments generally adopt the accounting standards for the
recognition and measurement of impaired loans.
These
amendments also provide for certain types of financial
instruments that will not be considered to be a lending
asset for the purpose of the reserve deduction under
subsection 20(1) of the Income Tax Act.
|
Income Tax Act,
section 221
To be published
in Canada Gazette March 3, 1999
|
|
These
amendments apply to a taxpayer that is a financial
institution or other person whose ordinary business includes
the lending of money. First, the amendments to Part LXXX
give effect to the amendments to the Income Tax Act dealing
with the recognition and measurement of impaired loans.
Secondly, the amendments to Part LXXX provide that Mexico
will continue to be treated as a designated country in
respect of the so-called Mexican Brady Par and Discount
Bonds issued in 1992 due in 2019. These loans were
substituted for Mexican loans and securities that were
previously covered by the reserve provisions in Part
LXXX.
Part LXXX
of the Income Tax Regulations provides rules for determining
the amount that may be deducted by a taxpayer in computing
the taxpayer's income for a taxation year under paragraph
20(1)(l) of the Income Tax Act as a reserve in respect of
impaired loans.
- Contact: Davine Roach, Tax
Legislation Division, Department of Finance, L'Esplanade
Laurier, 140 O'Connor Street, Ottawa, Ontario, K1A 0G5.
Tel: 613-992-4852.
|
|
Income
Tax Regulations, amendment (SOR/99-92,
OIC 1999-196)
The
amendments implement a 1996 budget measure on flow-through
shares.
Under the
new measure, a corporation can renounce on the same basis
the resource expenditures it expects to incur throughout a
calendar year, not just the first 60 days of the year as was
previously the case.
The new
measure contemplated that there would be some cases where a
corporation would renounce a resource expenditure in a
calendar year but would fail to incur the expenditure by the
end of the year. In these circumstances, it would be
unreasonable to charge investors interest on unpaid tax
installments resulting from the required retroactive
reduction of the amount a corporation has renounced to the
investors. The amendments to Part LIII of the Income Tax
Regulations ensure that investors will not be liable for
such interest. At the same time, Part LIII of the
Regulations has been amended to remove references to the
Income Tax Act which are no longer relevant.
An
amendment to Part LXII of the Regulations has been made in
order that the language in subsection 6202.1(5) relating to
flow-through shares is consistent with the amended text of
the Act that implemented the new measure.
- Contact: Simon Thompson,
Tax Legislation Division, Department of Finance,
L'Esplanade Laurier, 140 O'Connor Street, Ottawa,
Ontario, K1A 0G5. Tel: 613-992-0049.
|
Income Tax Act,
section 221
To be published
in Canada Gazette March 3, 1999
|
Yukon
Territory Fishery Regulations, amendment (SOR/99-98,
OIC 1999-230)
The
amendments improve the administration of the fishery, to
provide for more effective enforcement of the Regulations
and to promote increased compliance with the
Regulations.
More
specifically, the changes include:
- prohibition of fish
farming without a licence issued under the Regulations
and the establishment of a fee for such a licence;
- the addition of border
waters straddling Yukon and British Columbia. Persons
licensed under British Columbia Regulations will not
require a Yukon licence to fish border waters and catch
limits under both sets of Regulations will apply to those
waters.
|
Fisheries Act,
sections 8 and 43
To be published
in Canada Gazette March 3, 1999
|
- establishment of a salmon
catch reporting system and corresponding fees by way of a
Salmon Conservation Catch Card issued as an attachment to
the Yukon Territory Angling Licence. Anglers will be
required to record the date, location, species, sex,
presence of tags and gear type used for all salmon caught
in Yukon waters. The salmon conservation fee will be $10
for a Yukon resident, $20 for a Canadian resident and $50
for a non-resident.
- a requirement that any
non-resident under 16 years who wants to fish must have
either a fishing licence or to fish with a licence
holder. Since this amendment would require a fishery
officer to be able to ascertain the age of a young
person, an amendment is also being added to require that
young persons present proof of age upon request.
- establishment of a
schedule of ticketable offences for contraventions of
provisions of these Regulations.
- splitting the current
daily catch and possession limit for all species of
salmon into catch and possession limits for each species.
Also, aggregate daily catch and possession limits for all
salmon will be added.
- prohibition of the
possession of live fish for use as bait to catch other
fish, to help prevent introduction of new fish species
into Yukon waters.
- prohibition of the use of
treble hooks on certain salmon rivers and a restriction
allowing only the use of single barbless hooks on other
salmon rivers.
- expansion of the schedule
of waters in which only barbless hooks or single barbless
hooks may be used.
- three minor housekeeping
changes to comply with the recommendations of the
Standing Joint Committee for the Scrutiny of
Regulations.
- Contact: Steve Smith,
Fishery Officer, Fisheries and Oceans, Yukon/NBC
Division, 100-419 Range Road, Whitehorse, YT, Y1A 3V1.
Tel.: 867-393-6724; Fax: 867-393-6738; e-mail:
SmithSteve@DFO-MPO.gc.ca.
|
|
Export
Control List, amendment (SOR/99-99,
OIC 1999-231)
The
amendments adds blinding laser weapons to the export control
list.
Although
Canada does not use or possess such weapons now, adding them
to the Export Control List will allow any future export of
any unit procured from outside the country or of units
manufactured in Canada to be controlled.
Goods
contained in the Export Control List are prohibited from
export without an export permit. Export of goods on the
Export Control List without the required export permit can
result in prosecution and conviction.
- Contact: Thomas E. Jones,
Deputy Director (Technology), Export Controls Division,
Export and Import Controls Bureau, Department of Foreign
Affairs and International Trade, 125 Sussex Drive,
Ottawa, Ontario, K1A 0G2. Tel: 613-996-0197; Fax:
613-996-9933.
|
Export and
Import Permits Act, paragraph 3(d) and section 6
To be published
in Canada Gazette March 3, 1999
|
Order
Amending Schedule I to the Federal-Provincial Fiscal
Arrangements Act (SOR/99-100,
OIC 1999-245)
The
purpose of this Order is to add the Halifax Port Authority,
the Montreal Port Authority and the Vancouver Port Authority
to Schedule I of the Federal-Provincial Fiscal Arrangements
Act to ensure that, as Crown agents, the port authorities be
obliged to pay provincial sales tax where applicable as well
as other provincial taxes and fees in the participating
provinces as part of the federal government's commitment to
the provinces.
- Contact: Bruce Bowie,
Executive Director, Marine Policy Reform, Department of
Transport, Ottawa, Ontario, K1A 0N5. Tel:
613-998-0702.
|
Federal-Provincial Fiscal Arrangements Act, paragraph
31(2.2)(a)
To be published
in Canada Gazette March 3, 1999
|
Port
Authorities Management Regulations (SOR/99-101,
OIC 1999-246)
The
Regulations deal with the corporate affairs of port
authorities governed by the Canada Marine Act (CMA).
The
initial port authorities will operate ports at Fraser River,
Halifax, Hamilton, Montreal, Nanaimo, North Fraser, Port
Alberni, Prince Rupert, Quebec, Saguenay, Saint John,
Sept-Îles, St. John's, Thunder Bay, Toronto,
Trois-Rivières, Vancouver and Windsor. They replace
local port corporations and non-corporate ports operating
under the Canada Ports Corporation Act and harbour
commissions operating under various statutes.The Regulations
replace similar, but less extensive, administrative by-laws
currently applicable to local port corporations and
non-corporate ports.
Part 1 of
the Regulations deals with general administrative matters,
particularly trade names, the maintenance of, and access to,
corporate records. Port authority records are also subject
to public access in accordance with the Access to
Information Act.
Part 2
deals with port authority directors and officers, including
the conduct of directors' meetings, directors' liability for
wages of port authority employees, and port authority
indemnification of directors and officers. Other
requirements pertaining to directors and officers are found
in sections 14 to 22 of the CMA.
Part 3
regulates port authority financial matters, particularly
investments which may be made by port authorities,
restrictions on financial assistance which may be given by
port authorities, contents of financial statements, audits,
auditors and audit commit-tees. Other provisions relating to
financial matters are found in sections 32 and 36 to 43 of
the CMA.
Part 4
requires the port authorities to carry out periodic risk
assessments and to maintain property and liability
insurance.
Part 5
requires a port authority to indemnify the federal
government in respect of most liabilities incurred when the
authority is acting as an agent of the government. Related
provisions are found in sections 7 and 23 of the CMA.
Part 6
details the process for liquidation and dissolution of port
authorities. Other provisions relating to liquidation and
dissolution are found in section 55 of the CMA.
Part 7
specifies offences relating to financial statements of port
authorities.
- Contact: Bruce Bowie,
Executive Director, Marine Policy Reform, Department of
Transport, Ottawa, Ontario, K1A 0N5. Tel:
613-998-0702.
|
Canada Marine
Act, subsection 27(1)
To be published
in Canada Gazette March 3, 1999
|
Income
Tax Regulations, amendment (SOR/99-102,
OIC 1999-249)
The
amendment to Part XLIX of the Regulations so that shares
issued by community endorsed venture capital corporations
registered under the law of the Northwest Territories are
qualifying investments.
Part XLIX
and section 6700 of the Regulations are also amended so that
arm's length investments in employee venture capital
corporations and labour-sponsored venture capital
corporations registered under the same law are also
qualifying investments.
These
amendments are consequential to the recent enactment of the
Risk Capital Investment Tax Credits Act (Northwest
Territories).
|
Income Tax Act,
section 221
To be published
in Canada Gazette March 3, 1999
|
|
Subsection 5100(1) of the Regulations defines the expression
"eligible corporation". This expression is relevant
principally for the purpose of the "3 for 1" rule. Under
this rule, each $1 invested in an eligible corporation can
generate up to $3 of additional foreign property room for
the purposes of the 20% foreign property limit. The
definition is amended to clarify that a mutual fund
corporation (including a labour-sponsored venture capital
corporation) is not among the types of corporations excluded
from the definition because of paragraph (c) of the
definition. It is also amended to explicitly list the types
of corporations so excluded.
Sections
6700 and 6701 of the Regulations are amended by expanding
the lists in each section to include labour-sponsored
venture capital corporations registered under Part II of the
Risk Capital Investment Tax Credits Act (Northwest
Territories). Part LXVII is also amended so that the
favourable treatment of tax assistance applies to employee
venture capital corporations registered under Part III of
that Act.
Additionally, Part LXVII is amended so that references to
the Labour Sponsored Venture Capital Corporation Act, 1992
(Ontario) are changed to the Community Small Business Funds
Act (Ontario). These amendments are strictly consequential
to the change in name of the Ontario legislation.
Subsection 204.82(5) of the Income Tax Act provides a new
tax under Part X.3 of the Act on certain labour-sponsored
venture capital corporations (LSVCCs) that have been
prescribed under the Regulations for the purpose of the
federal LSVCC tax credit. However, tax under this subsection
is generally not payable where an amount is payable as a
consequence of a provision of the law of a province and the
provision is prescribed. New section 6707 of the Regulations
is introduced to provide a list of prescribed provisions in
respect of a law of a province for the purpose of this
subsection. For now, the only provision to be prescribed is
section 25.1 of the Community Small Business Funds Act
(Ontario).
- Contact: Simon Thompson,
Tax Legislation Division, Department of Finance,
L'Esplanade Laurier, 140 O'Connor Street, Ottawa,
Ontario, K1A 0G5. Tel: 613-992-0049.
|
|
Crown
Corporation General Regulations, 1995, amendment (SOR/99-103,
OIC 1999-251)
The
amendments clarify some parts of the Regulations and
streamline real property disposals.
More
specifically, the amendments:
- permit the corporate
planning and approval process to grant authority to agent
Crown corporations to dispose of real property if the
disposal is at fair market value;
- clarify the definition and
reporting of remuneration for directors, chairpersons and
chief executive officers; and
- clarify that forwarding
new by-laws by a Crown corporation to the responsible
Minister and President of Treasury Board shall occur
within 15 days from when the by-laws are approved by the
board of directors of the corporation.
These
amendments come into force on February 18, 1999.
- Contact: David Salie,
Crown Corporation Policy and Information Division,
Service and Innovation, Treasury Board of Canada, Ottawa,
Ontario, K1A 0R5. Tel: 613-957-0144.
|
Financial
Administration Act, subsections 99(4), 108(3) and 114(4)
To be published
in Canada Gazette March 3, 1999
|
Pre-Published and Approved
No
comments or changes
|
Statutory
Authority
|
Immigration Regulations, 1978, amendment (SOR/99-74,
OIC 1999-109)
These
amendments renew Schedule XII of the Immigration
Regulations, 1978 for an additional two years, i.e. the
country list to which the regulations apply, as well as the
sunset clause contained in the Regulations.
Somalia
and Afghanistan remain on Schedule XII since little has
changed in either country that would warrant their
removal.
A sunset
clause was included in the Regulations to ensure that Canada
continues to respond effectively to refugee concerns.
Unless
extended, the sunset clause automatically excludes a country
from Schedule XII two years after the Regulations come into
effect. The Schedule may be amended by the Governor in
Council at any time as circumstances warrant. A decision not
to renew a country will happen only when there is an
objective basis for concluding that a citizen of that
country has an adequate opportunity to obtain proper
identity documents from the governmental authorities
there.
These
amendments also provide criteria for inclusion in Schedule
XII of the Immigration Regulations, 1978; extreme political
turmoil, and lack of any legitimate authority in the country
to issue documents. These criteria are being incorporated
into the Regulations so as to ensure that the criteria and
any subsequent assessment are appropriately objective and
transparent.
The
Undocumented Convention Refugees in Canada Class (UCRCC)
allows for the grant of permanent residence to undocumented
refugees from specified countries - currently Somalia and
Afghanistan. Special provision has been made for citizens of
these countries in recognition of the fact that extreme
turmoil exists within both countries and that turmoil has
prevented and continues to prevent refugees who are citizens
or nationals of Somalia and Afghanistan from complying with
the current legislative requirement for a passport, travel
document or other satisfactory identity document before
being granted permanent residence in Canada. In both these
cases, the lack of an effective central government has meant
that, for some time, no reliable identity documents, in any
official form, have been available to citizens or nationals
of the two countries.
These
Regulations come into force on January 30, 1999.
The
regulatory impact analysis statement was prepublished in the
Canada Gazette Part I on December 12, 1998 for a period of
30 days. No public comments were received by the Department
during this period.
- Contact: Director, Asylum
Division, Citizenship and Immigration Canada 17th Floor,
Jean Edmonds Towers South 365 Laurier Avenue West,
Ottawa, Ontario, K1A 1L1. Tel: 613-957-5867; Fax:
613-957-5869.
|
Immigration
Act, subsection 6(5) and paragraph 114(1)(e)
To be published
in Canada Gazette February 17, 1999
|
Related
Party Transactions (Trust and Loan Companies) Regulations,
amendment (SOR/99-82,
OIC 1999-139
The
amendments permit a trust or loan company to enter into
prescribed transactions with its foreign bank parent or with
a financial institution controlled by that foreign bank.
The
regulatory amendment contains a section, similar to that in
the Related Party Transactions (Banks) Regulations, which
permits foreign bank subsidiaries to enter into prescribed
transactions, such as deposits, with its foreign bank parent
or with a financial institutions controlled by that foreign
bank.
|
Trust and Loan
Companies Act, sections 488 and 531
To be published
in Canada Gazette February 17, 1998
|
|
The main
purpose of the amendment is to ensure that trust and loan
companies controlled by a foreign bank are on a level
playing field with Canadian foreign bank subsidiaries.
These
Regulations come into force on February 4, 1999
- 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.
|
|
Wildlife
Area Regulations, amendment (SOR/99-95;
OIC 1999-205)
This
amendment raises the admission fees currently charged for
visitors to the Cap Tourmente National Wildlife Area in
Quebec.
The
one-day admission fees, in each category, is raised by $1.
Annual access rates are 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 makes available the personalized service of a
naturalist, if requested.
This
amendment also streamlines 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 are being 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.
The
amendments, which were prepublished in the Canada Gazette
Part I on Aug. 1, 1998, come into force on February 11,
1999.
- 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)
To be published
in Canada Gazette March 3, 1999
|
Food and
Drug Regulations, amendment (Schedule 1072) (SOR/99-96;
OIC 1999-207)
This
amendment will permit the use of iron oxide as a colouring
agent in edible collagen film, at levels consistent with
"Good Manufacturing Practice".
This use
will be beneficial for allowing an easier and more
economical production of the traditional black coating on
black forest ham.
The
amendment was published in the Canada Gazette, Part I, on
November 29, 1997. Interested parties were invited to make
representations concerning the proposed amendment. No
responses were received.
An
Interim Marketing Authorization (IMA) was issued and
published in the Canada Gazette, Part I, on April 18, 1998,
to permit the immediate use of iron oxide, for the purpose
outlined above until the regulations could be approved.
- 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 March 3, 1999
|
Food and
Drug Regulations, amendment (Schedule 1096) (SOR/99-97;
OIC 1999-208)
This
amendment will allow the use of glycerol ester of wood rosin
as a density adjusting agent in citrus-flavoured and
spruce-flavoured beverages at a maximum level of 100
ppm.
This use
of glycerol ester of wood rosin in beverages will benefit
both consumers and the beverage industry by providing an
alternative density adjusting agent in these food products.
This amendment is also advantageous because it permits
harmonization of Canadian regulations with those of the U.S.
and the EU in regard to the use of glycerol ester of wood
rosin.
The
schedule of amendment was published in the Canada Gazette,
Part I, on February 7, 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 March 3, 1999
|
Ministerial Orders
Approved
|
Statutory
Authority
|
Canadian
Chicken Marketing Quota Regulations, 1990, amendment
(SOR/99-77)
This amendment
establishes the periodic allocation, for the period from
March 14, 1999 and ending on May 8, 1999 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, 57,400,000; for Quebec,
47,324,205; for Nova Scotia, 5,888,836; for New
Brunswick, 4,746,961; for Manitoba, 7,237,162; for
P.E.I., 660,797; for Saskatchewan,3,965,111; for Alberta,
16,600,000; and for Newfoundland, 2,557,370.
- production subject to
periodic export quotas (in live weight, kilograms), for
Ontario,1,760,000 kg; Quebec, 4,301,500; Nova Scotia,
100,000; Manitoba, 490,000 and for Alberta, 546,000.
These
Regulations come into force on March 14, 1999.
- Contact: Canadian Chicken
Marketing Agency, 377 Dalhousie Street, Ottawa, Ontario,
K1N 9N8. Tel: 613-241-2800; Fax: 613-241-5999.
|
Farm Products Agencies Act,
paragraph 22(1)(f)
To be published
in Canada Gazette February 17, 1999
|
Domestic
Substances List, amendment (SOR/99-78);
Domestic Substances List, amendment (SOR/99-79)
The first
amendment adds 36445-84-8, 54272-29-6, 67923-67-5,
68299-17-2 to Part I of the Domestic Substances List and
deletes 36445-84-8, 54272-29-6, 67923-67-5, 68299-17-2 from
Part I, and adds 11655-0 Alkyl butanedioic acid, magnesium
salt to Part II of the Non-domestic Substances List,
effective February 1, 1999.
The
second amendment adds 106-09-2 N, 1326-82-5 N, 6362-79-4 T,
13939-25-8 N, 106-09-2 N, 1326-82-5 N, 6362-79-4 T,
13939-25-8 N, 28571-95-1 N, 50862-31-2 T, 57833-28-0 T,
62478-33-5 N, 28571-95-1 N, 50862-31-2 T, 57833-28-0 T,
62478-33-5 N, 65700-33-6 N, 68092-20-6 N, 68527-37-7 T,
68991-71-9 T, 65700-33-6 N, 68092-20-6 N, 68527-37-7 T,
68991-71-9 T, 69029-43-2 N, 88995-51-1 N, 103819-35-8 T,
120232-16-8 N, 69029-43-2 N, 88995-51-1 N, 103819-35-8 T,
120232-16-8 N, 127519-17-9 T, 128218-63-3 T, 131794-66-6 N,
151006-60-9 T, 127519-17-9 T, 128218-63-3 T, 131794-66-6 N,
151006-60-9 T, 155552-11-7 N, 163149-26-6 T, 163149-27-7 T,
165526-46-5 T, 155552-11-7 N, 163149-26-6 T, 163149-27-7 T,
165526-46-5 T, 172201-26-2 N, 182970-15-6 N, 213629-15-3 T,
172201-26-2 N, 182970-15-6 N, and 213629-15-3 T to Part I of
the Domestic Substances List and deletes 6362-29-4 T and
6362-29-4 T from Part I and adds 23 substances to Part II of
the Non-domestic Substances List, effective February 1,
1999.
- Contacts:
Martin Sirois, A/Head, New
Substances Notification Section, New Substances Division,
Commercial Chemicals Evaluation Branch, Department of the
Environment, Hull, Quebec, K1A 0H3. Tel: 819-953-9348;
Arthur Sheffield, A/Director,
Regulatory and Economic Assessment, Regulatory Affairs
and Program Integration Directorate, Department of the
Environment, Hull, Quebec, K1A 0H3. Tel:
819-953-1172.
|
Canadian
Environmental Protection Act
, subsection 30(1)
To be published
in Canada Gazette February 17, 1999
|
Canadian
Chicken Licensing Regulations, amendment (SOR/99-80)
These
amendments modify the period during which chicken may be
exported and provide for a monthly report of inventory of
stocks for export held in storage to be forwarded to the
Agency.
More
specifically:
"1. (1)
Paragraph 6(3)(d) of the Canadian Chicken Licensing
Regulations is replaced by the following:
(d) the
licensee shall, during the quota allocation period referred
to in paragraph (b) or during the quota allocation period
immediately before or after that period, export the total
live weight equivalent of the amount of chicken indicated in
section 1 of the export commitment form, as calculated with
the coefficients set out in column II of Schedule II;
(2)
Subsection 6(3) of the Regulations is amended by striking
out the word "and" at the end of paragraph (h), by adding
the word "and" at the end of paragraph (i) and by adding the
following after paragraph (i):
(j) the
licensee shall prepare and forward to the Agency on a
monthly basis and in the form approved by the Agency, a
report of inventory of stocks for export held in storage by
that licensee."
These
Regulations come into force on February 3, 1999.
- Contact: Canadian Chicken
Marketing Agency, 377 Dalhousie Street, Ottawa, Ontario,
K1N 9N8. Tel: 613-241-2800; Fax: 613-241-5999.
|
Farm Products Agencies Act,
subsection 16(1)
To be published
in Canada Gazette February 17, 1999
|
Rules of
Practice in Criminal Matters in the Court of Appeal in
Quebec (SI/99-10)
These new
rules, which replace an earlier set of rules, covers all
aspects of matters relating to pursuing criminal matters in
the court of appeal in Quebec, including proceedings,
notices, rules for preparing an appeal, service and filing
of motions, preparation of factums, arguments and
conclusions, hearings, appeals, special dispositions.
Appendix
A provides the format for a Certificate of Readiness;
Appendix B sets out a Questionnaire concerning sentence.
The new rules are
effective 10 days after publication in the Canada Gazette,
Part II.
|
Criminal Code,
section 482
To be published
in Canada Gazette February 17, 1999
|
