October 8, 1998
Exempt from Pre-Publication |
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Fishery (General) Regulations, amendment (SOR/98-481, OIC 1998-1756)These Regulations implement changes to the Department of Fisheries and Oceans' Dockside Monitoring Program (DMP) by amending the provisions dealing with observers. More specifically, these amendments give the Department more control over Dockside Monitoring Companies (DMCs) by requiring them to be designated as observers. In order to be designated, a DMC must be capable of collecting and compiling accurate fish landings information. A DMC must also have a quality control program to ensure the data it collects is accurate and a training and supervision plan for its employee/observers. The DMC must also disclose any conflict of interest it, its directors, shareholders and employees may have and how it is to be resolved. This designation may be revoked if the DMC fails to comply with the program they submitted or if information is falsified. The provisions regarding individual observers have also been amended. Registered fishers and fishers certified pursuant to the Professional Fish Harvesters Act of Newfoundland, not just licence holders, are now barred from being observers. In recognition of the fact that observers in the DMP may have to carry out their duties at a place other than at a wharf, the duties of such observers are now to be carried out a fish landing station, which includes any place, premises, vessel or vehicle used to receive landed fish. The grounds for revoking an individual's designation have also been added and include: no longer complying with the eligibility criteria, monitoring the catch of fishers who are not at arm's length from the observer, failing to perform their duty or falsifying information. These amendments also introduce prohibitions against the falsifying of information for the purpose of obtaining a designation or falsifying any fish landings information. As a housekeeping matter, the title of the provincial official entitled to make variation orders in British Columbia has been changed at the request of the province. |
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Imports of Aftermarket Automotive Spoilers and Wings Remission Order (SOR/98-482, OIC 1998-1757); Order Amending the Customs Tariff (Aftermarket Automotive Spoilers and Winds) (SOR/98-483, OIC 1998-1758)The Order Amending the Customs Tariff (Aftermarket Automotive Spoilers and Winds) amends the Customs Tariff to extend a Free rate of duty under the General Preferential Tariff (OPT) to polyurethane, rear-trunk spoilers or wings imported into Canada as aftermarket automotive accessories. The amendment enables importers who previously benefited from Free rates of duty on these goods under the British Preferential Tariff treatment (which was terminated on January 1, 1998, with the coming into force of the new simplified Customs Tariff), to maintain their competitive position in the marketplace. The Imports of Aftermarket Automotive Spoilers and Wings Remission Order remits the customs duties paid or payable on polyurethane, rear-trunk spoilers or wings imported from GPT countries during the period January 1, 1998 to September 30, 1998. |
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Regulations Amending Certain Department of Finance Regulations {Miscellaneous Program) (SOR/98-484, OIC 1998-1760)The Regulations Amending Certain Department of Finance Regulations amend certain paragraphs of the Real Property Interests Valuation (Bank, Cooperative Credit Associations, Insurance Companies and Trust and Loan Companies) Regulations. The amendments resulted from a request by the Standing Joint Committee for the Scrutiny of Regulations (SJC). For purposes of clarification, the SJC requested that amendments be made to paragraphs 7(1)(a) and 7(1)(b) of the French versions of the above noted Regulations. The word "soit" was added at the beginning of paragraph 7(1)(a) and 7(1)(b) in order to achieve the level of clarity requested by the SJC. The SJC also requested that the word "effective" be added to paragraph 7(2)(b) of the French versions of the Real Property Interests Valuation Regulations in order to ensure consistency between the French and English versions. There was no need to make this particular amendment to the Real Property Interests Valuation (Trust and Loan Companies) Regulations given that the word "effective" already appeared in the French version of those Regulations. |
Bank Act, sections 476, 477, 479 and 559; Cooperative Credit Associations Act, sections 401, 402 and 463; Insurance Companies Act, sections 506, 507, 509, 563, 564, 566 and 703; and Trust and Loan Companies Act, sections 464, 465, 467 and 531 |
Order Prohibiting Entry on Certain Lands in the Yukon Territories (1998 - No. 9, Tr'oju-wech'in Heritage Site, Tr'ondëk Hwëch'in First Nation, Y.T.) (SOR/98-485, OIC 1998-1760); Order Respecting the Withdrawal of Certain Lands in the Yukon Territories (Tr'ondëk Hwëch'in First Nation, Y.T.) (SI/98-99, OIC 1998-1762); Order Prohibiting Entry on Certain Lands in the Yukon Territories (1998 - No. 10, Tr'ondëk Hwëch'in First Nation, Y.T.) (SOR/98-486, OIC 1998-1763); Order Respecting the Withdrawal of Certain Lands in the Yukon Territories (Tr'ondëk Hwëch'in First Nation, Y.T.) (SI/98-100, OIC 1998-1764)The purpose of these Orders is to fulfill the terms of the Tr'ondëk Hwëch'in (Dawson First Nation) Final Agreement, under which the Government of Canada has agreed to protect certain lands, to recognize, enhance and celebrate Han culture and history and to recognize and respect the non-aboriginal heritage aspects of the Site related to the Klondike gold rush for all Yukon people. The government agreed that it will take steps to ensure that no new third-party interests are created on the identified lands for approximately five years from the effective date of this Order, or until a management plan is approved. Under the Final Agreement, it was agreed that the Tr'oju-wech'in Heritage Site, at Dawson in the Yukon Territory contained unique historic values and would be protected. The four Orders are effective on the date they are registered (October 1, 1998) and will end on February 1, 2003. The existing Prohibition of Entry Order which protects the subsurface rights for this Yukon First Nation has a termination date of December 1, 2001. With the approval of their land claims agreement entered into by Her Majesty the Queen in right of Canada, the Government of the Yukon Territory and the Tr'ondëk Hwëch'in First Nation, by Order in Council P.C. 1998-1468, the existing Prohibition of Entry Order is being repealed and substituted with a new Order. |
Yukon Placer Mining Act, section 98; Yukon Quartz Mining Act, section 14.1; Territorial Lands Act, paragraph 23(a) |
Seaway Regulations (Miscellaneous Program), amendment (SOR/98-487, OIC 1998-1769)This amendment involves some housekeeping changes, to bring the terminology into line with that used in the Canada Marine Act. For example, the term vessel is used throughout the existing regulations, but the Canada Marine Act uses the word ship instead. One amendments replaces the word vessel in the regulation with the word ship; similarly, an amendment substitutes The St. Lawrence Seaway Management Corporation for The St. Lawrence Seaway Authority. Other minor amendments address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations. |
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International Submarine Cable Licences Regulations (SOR/98-488, OIC 1998-1773)These new Regulations replace The External Submarine Cable Regulations in their entirety. The new regulations liberalize the ownership and control of international submarine cables as of October 1, 1998, consistent with Canada's obligations under the General Agreement on Trade in Services.
The Regulations come into force on October 1, 1998.
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Special Appointment Regulations, No. 1998-13 (SOR/98-505, OIC 1998-1775); Special Appointment Regulations, No. 1998-14 (SOR/98-506, OIC 1998-1777)The regulations make the following appointments and exempt the appointments from the application of the Public Service Employment Act, except sections 32, 33 and 34, while the appointees are in the positions: |
Ministerial Orders |
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Export Tax Exemption Regulations, amendment (SOR/98-478)These regulations set out, in two schedules, the tobacco products and cigarettes which are eligible for exemption from the application of export tax, provided that the other criteria for exemption are also met. The brands listed in the Schedule I (tobacco products) are: Aspen, Bronco, Canadian, Canadian Natural, Dickens & Grant, Doral, Dorchester, Gold Coast, Imperial Special Blend, Islands, Magna, Marathon, Mercer, Monte Carlo, Montreal Blend, Regular, River; the brands of cigarettes listed in Schedule II are: Canadian Gold, Old Port, Vantage. The first category includes domestically produced tobacco products that are primarily destined for export, if they have not been sold in the Canadian duty-paid market other than in small quantities required for purposes of trademark registration for the three year period before the year of exportation and, if in the fourth year prior to exportation, sales of that brand never exceeded 0.5 percent of total sales in Canada of similar products. An exemption from the export tax is also provided where a type of formulation of cigarette, distinct from that sold in the domestic market, is produced for export only, under the same brand name as is sold in Canada. The cigarette must be sufficiently different from that sold domestically, meaning that the blend of tobacco and any favoring must be dissimilar from the types of cigarettes smoked by Canadians. Essentially, these cigarettes would be unacceptable to Canadian smokers, and as such, the risk of these products being smuggled into Canada is remote. |
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Regulations Repealing Certain Tariffs Established under the St. Lawrence Authority Act (SOR/98-479)The Regulations repeal The St. Lawrence Seaway Wharfage and Storage Charges Tariff and The St. Lawrence Seaway Tariff of Tolls. Before The St. Lawrence Seaway Management Corporation can fix fees for the use of any property under its management, any service that it provides or any right or privilege that it confers, the Canada Marine Act provides that the tariffs established by The St. Lawrence Seaway Authority under section 16 of the St. Lawrence Seaway Authority Act must be repealed by The St. Lawrence Seaway Management Corporation. |
St. Lawrence Seaway Authority Act, section 16 |
Canadian Broiler Hatching Egg Marketing Agency Quota Regulations, amendment (SOR/98-480)This amendment sets the initial 1999 limits for broiler hatching eggs in the signatory provinces. More specifically, the new limits on the number of broiler hatching eggs in International and Intraprovincial Trade are as follows: Ontario, 174,226,606; Quebec, 176,576,236; Manitoba, 26,789,393; British Columbia, 98,470,213; and Alberta, 73,173,365. |
Farm Products Agencies Act, paragraph 22(1)(f); subsection 5(1) of the schedule to the Canadian Broiler Hatching Egg Marketing Agency Proclamations |
Rules of the Supreme Court of Canada, amendment (SOR/98-489)This Order amends subsection 32(1) and repeals subsection 32(2). "1. (1) Subsection 32(1) of the Rules of the Supreme Court of Canada1 is amended by striking out the word "or" at the end of paragraph (a), by adding the word "or" at the end of paragraph (b) and by adding the following after paragraph (b): (c) the constitutional validity or the constitutional applicability of a common law rule." |
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Rules of the Ontario Court of Justice in Criminal Proceedings, amendment (SI/98-102)This Order makes a number of changes, to update the Rules. Amendments are made to: rule 1.03, clauses 5.02(1)(d) and (e), subrule 20.06(1), rule 22.03, subrule 22.04(1), paragraph 22.04(3)(f), subrule 22.04(4), clauses 23.05(1)(b) and (c), rule 23.16, subrule 25.03(1), subrule 27.03(3), subrules 27.04(1) and (2), and rule 27.05. |
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Domestic Substances List, amendment (SOR/98-507); Domestic Substances List, amendment (SOR/98-508)The first amendment adds one substance (152698-66-3) to Part I of the Domestic Substances List. The second amendment adds three substances to Part I (1462-55-1 T, 25916-29-4 N, and 52383-89-8 T); moves 23 substances from the Part I of the non-domestic list to the domestic list; and adds 23 substances to Part II. The Orders come into effect on October 6, 1998.
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