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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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Plant Protection Fees
Regulations, repeal (I.D. No. 96009); Plant Protection
Cost Recovery Fees Order
The proposed regulation would
repeal the Plant Protection Fees Regulations and
replace them with a proposed Plant Protection Cost
Recovery Fees Order, enacted under the authority of
the Financial Administration Act instead of the
Plant Protection Act.
The proposed fee order would increase the present fees
for licensing services provided by the Canadian Food
Inspection Agency by 34% to 50%. Domestic inspection
services are calculated on a basis of 25% cost recovery;
all other new fees are calculated at 50% for those import
and export inspection services for which the Agency cost
recovers.
The proposed fees order will also include fees for
such services as the designation of inspectors (i.e.,
accreditation), laboratory tests and related services,
domestic facilities (e.g., lumber mills, flour mills,
field crop inspections) and conveyance (e.g., used
containers), inspection services, and re-inspection and
follow-up action services (e.g. an inspection to verify
the effectiveness of a treatment, release from
detention).
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Plant Protection Act, s.c., 1990, c. 22;
Financial Administration Act
Future Initiatives, 1996
To be published in Canada Gazette September 6, 1997
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In addition to the fees that are already charged for
the issuance of an import permit and Phytosanitary
Certificates, a fee will be charged for the issuance of a
Movement Certificate.
The proposed Order will also contain a payment
provision which stipulates when the fees are payable by
the owner or the person having the possession, care or
control of the things, the conveyances or the facilities
in question.
Of the revenues anticipated from the proposed higher
fees, the largest ($1-million) would come from commodity
inspections under the export program, followed by
$750,000 for commodity inspection under the import
program (including parcels sent by courier and mail),
$558,000 expected from the issuance of phytosanitary
certificates and phytosanitary certificates for export,
$558,000 from domestic program management (e.g., the
Newfoundland car wash facilities), $200,000 from
laboratory testing and related services (import, domestic
and export programs), $185,000 for import permits,
including pest risk assessment, and $100,000 for fees for
ensuring compliance with the Act and Regulations.
During the consultations, which were broad, industry
expressed the concern that fees continue to increase as
resources devoted to the services declines. Industry has
requested sufficient time to evaluate any future fee
increases, in terms of whether it would be prepared to
continue to pay for plant protection services.
Contact: Dr. Jean Hollebone, Director, Plant
Protection Division, Canadian Food Inspection Agency, 59
Camelot Drive, Nepean, Ontario,K1A 0Y9 Tel: 613-225-2342,
extension 4316; Fax: 613-228-6606.
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Seeds Regulations,
amendment (I.D. No. 96019); Seeds Fees Order
This proposed amendment would remove all fees from the
Seeds Regulations and instead reference the
Seeds Fees Order.
The changes to the Seeds Fees Order would:
- incorporate fees for registration, licensing and
accreditation;
- increase fees for registration, licensing and
accreditation, quality surveillance and export
certification; and
- introduce fees for seed laboratory accreditation,
variety registration and safety evaluations of plans
with novel traits.
The fee increases proposed for registered
establishments would increase charges to industry to some
$957,000 over three years, up significantly from $275,000
in 1995-96. As a result, some smaller establishments may
leave the pedigreed seed program.
The fees for export certification would increase by
about 50%, from $92 and $170 for large and small seeds to
$150 and $275 respectively per standard seed lot. The
flat fee per seed lot is being replaced with separate
fees for sampling, seed testing and post control variety
verification.
For accredited seed laboratories, a new fee would be
introduced: $1,100, with an annual renewal fee of $625.
For variety registration, a fee of $875 would be
imposed for application, evaluation and registration of
most varieties.
For plants with novel traits, a cost to an applicant
for approval to proceed with an unconfined release would
be $2,000.
Contact: Glenn Hansen, Director, Plant Products
Division, Canadian Food Inspection Agency, 59 Camelot
Drive, Nepean, Ontario K1A 0Y9. Tel: 613-225-2342, ext.
4296; Fax: 613-228-6629.
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Seeds Act, s.c., 1994, c. 26, s. 65; Canada
Agricultural Products Act, R.S., c. 20 (4th Supp.);
Financial Administration Act
Agr/95-1-M
To be published in Canada Gazette September 6, 1997
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Meat Inspection
Regulations, 1990, amendment (I.D. No. 96008); Meat
Inspection Fees Order
This proposed amendment would repeal the existing fee
provisions in the Meat Inspection Regulations,
1990 and replace them with the proposed Meat
Products Inspection Fees Order, established pursuant
to the Financial Administration Act.
The following new fees and modifications to existing
fees are proposed:
- for the analysis or testing of a meat product,
carcass or food animal, fees ranging from $364 and
$227 for each test or analysis for LCMS Confirmation
and CHL-GC LCMS respectively, to $30 for antibiotic
screening, $0.71 and $3.53 for trichinella in swine
and in horses and other species respectively;
- for the inspection of an establishment registered
for the slaughter of poultry, in respect of each
inspection station within a scheduled work shift, with
an increase in the annual fee from $12,122 to $16,218
per inspection station proposed;
- for an extra slaughter inspection station, an
annual fee of $24,657 for each additional inspection
station provided within a scheduled slaughter shift;
- for a processing shift worked concurrently with a
slaughter shift, the current exemption for fees would
be revoked and a new fee charged;
- for an additional work station as occasionally
requested by the operator, a proposed fee that would
be the greater of a minimum fee of $159 or the amount
determined by multiplying the number of hours worked
by the hourly rate of $53;
- for the issuance of an export certificate, an
increase from $12 for each certificate issued to $15
per certificate;
- for additional activities/services provided by the
CFIA to assist clients in bringing their commodities
or establishments into compliance, a fee designed to
recover 100% of the adjusted program expenditure,
based on the hourly rate for the commodity program;
and
- for the payment and adjustment of fees, an
increase to $1,000 in the minimum amount payable upon
receipt of the invoice from the inspection agency in
the case of the licence fee, up from $300.
Overall, the proposed changes would generate revenue
of some $17.5-million from the meat processing industry.
Contact: Dr. M.F. Baker, Director, Meat and Poultry
Products Division, Canadian Food Inspection Agency, 59
Camelot Drive, Nepean, Ontario, K1A 0Y9. Tel:
613-225-2342, Ext. 4646; Fax: 613-228-6636.
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Meat Inspection Act, R.S., c. 25 (1st Supp.),
s. 20; Financial Administration Act
Cost Sharing Arrangements, 1996
To be published in Canada Gazette September 6, 1997
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Food and Drug
Regulations, amendment (Schedule 1047)
The amendment would establishes a Maximum Residue
Limit (MRL) for trimethyleulfonium (TMS) cation of
glyphosate in wheat at 3.0 parts per million (ppm) and in
kidney and liver of cattle, goats, hogs, poultry and
sheep at 0.5 ppm. Any residues of TMS cation in other
foods would be covered by the general limit of 0.1 ppm
specified in subsection B.15.002(1) of the Food and Drug
Regulations.
Glyphosate is registered under the Pest Control
Products Act as a herbicide for control of annual and
perennial weeds on a number of crops. MRLs for glyphosate
residues have been established under the Food and Drug
Regulations for barley, oats, wheat, soybeans, peas,
lentils, beans and flax.
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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Food and Drugs Act, c. F-27, subsection 30(1)
HCan/R-33-I
To be published in Canada Gazette September 6, 1997
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Food and Drug
Regulations, amendment (Schedule 1000)
To ensure clarity and consistency in the application
of Maximum Residue Limits (MRLs) for pesticide residues
in foods, the proposed amendment would state that the MRL
for processed foods is the same as the raw agricultural
product from which the food is manufactured or derived.
The alternative to this proposal would be to list
every processed product covered under the MRL in Table II
of Division 15 of the Regulations.
The change ensures harmonizes the requirements under
the Food and Drugs Regulations with those of
Canada's major trading partners.
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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Food and Drugs Act, c. F-27, subsection 30(1)
HCan/97-30-I
To be published in Canada Gazette September 6, 1997
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Exempt from
Pre-Publication
and Approved
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Statutory Authority
&
Regulatory Plan Listing
|
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Income Tax Regulations,
amendment (Prescribed Stock Exchanges)
(SOR/97-408,
OIC 1997-1145)
The amendment adds the Irish Stock Exchange to the
list of prescribed stock exchanges outside Canada for the
purposes of a number of provisions of the Income Tax
Act. The list is set out in section 3201 of the
Regulations.
The Irish Stock Exchange separated from the London
Stock Exchange in the United Kingdom, another prescribed
stock exchange, and obtained its independent status.
The main significance of prescribing a foreign
exchange is that shares listed on it are eligible
investments for registered retirement savings plans,
registered retirement income funds and deferred profit
sharing plans.
Contact: Martine Lemire, Tax Legislation Division,
Department of Finance, L' Esplanade Laurier, 140 O'Connor
Street, Ottawa, Ontario, K1A 0G5. Tel: 613-992-3031.
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Income Tax Act, section 221
FIN/96-32
To be published in Canada Gazette September 17, 1997
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Income Tax Regulations,
amendment (Employee Stock Option Plan Prescribed Shares)
(SOR/97-409,
OIC 1997-1146)
These minor amendments ensure that certain shares held
by employees are not precluded from being deductible in
certain situations.
More specifically:
- Subparagraph 6204(1)(a)(vi) is amended to ensure
that a share issued under an employee share purchase
agreement is not precluded from being a prescribed
share where the relevant right or obligation to
redeem, acquire or cancel the share at the time of its
acquisition or at any subsequent time is for an amount
that is less than the fair market value of the share.
This amendment is relevant, for example, where a share
of an employee may ultimately be forfeited under the
terms of an employee stock option.
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Income Tax Act, section 221
FIN/95-34-R
To be published in Canada Gazette September 17, 1997
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- Paragraph 6204(1)(b) is amended to ensure that a
share is not precluded from being a prescribed share
where the redemption, acquisition or cancellation of
the share by a corporation or a specified person in
relation to the corporation arises as a consequence of
an amalgamation of a subsidiary wholly-owned
corporation or of a winding-up to which subsection
88(1) of the Act applies. In this context, a new
subsection 6204(4) provides that subsection 256(9) of
the Act will not operate to accelerate the creation of
a non-arms length relationship.
- Subsection 6204(2) is amended so that the relief
contained in the provision applies to shares either
issued or sold pursuant to an employee share purchase
agreement.
Subsection 6204(1) of the Regulations sets out the
requirements for a share to be a prescribed share in
order for a taxpayer to be entitled to a deduction under
paragraph 110(1)(d) of the Income Tax Act of up to 1/4 of
the value of the stock option when exercised.
One of the requirements is that the issuing
corporation must not have a right or obligation to
redeem, acquire or cancel the share at the time of its
acquisition or at any subsequent time for an amount that
does not approximate the fair market value of the share.
Another requirement is that the issuing corporation or
a "specified person" in relation to the corporation
cannot reasonably be expected to redeem, acquire or
cancel the share within two years after the share is
issued or sold.
For the purpose of subsection 6204(1), "specified
person" in relation to a corporation, as defined in
subsection 6204(3), generally means any person or
partnership with whom the corporation does not deal at
arm's length. Subsection 6204(2) generally provides that
a share issued under an employee share purchase agreement
will not be disqualified as a prescribed share because
there is a right or obligation to redeem, acquire or
cancel the share, where the right or obligation exists to
protect an employee against any loss with respect to the
share or to provide a market for the share.
Contact: Martine Lemire, Tax Legislation Division,
Department of Finance, L' Esplanade Laurier, 140 O'Connor
Street, Ottawa, Ontario, K1A 0G5. Tel: 613-992-3031.
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Food and Drug Regulations,
amendment (Deletion of Nicotine 4 mg chewing gum)
(SOR/97-410,
OIC 1997-1147)
This amendment permits nicotine in the form of a
chewing gum to be made available without a prescription
for concentrations equivalent to 4 mg of nicotine or less
per dosage unit.
Nicotine in a dosage form has been marketed in Canada
as a temporary aid to smoking cessation since 1979.
Nicotine 2 mg gum received nonprescription drug status in
1993.
The 2 mg strength is designed for those who smoke less
than 25 cigarettes a day and 4 mg for the more heavily
dependent smokers who smoke more than 25 cigarettes
daily. This regulatory amendment will give heavier
smokers increased access to a short-term aid for smoking
cessation.
Based on a review of the known pharmacological and
toxicological properties, reported adverse drug reactions
and available literature, it has been concluded that the
benefits of having nicotine 4 mg per dosage unit
available as a nonprescription drug clearly outweigh the
risks.
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Food and Drugs Act,
subsection 30(1)
HCan/R-15-L
To be published in Canada Gazette September 17, 1997
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Nicotine 4 mg gum is available without a prescription
in 26 countries.
One of the consequences of the change is that
consumers may be required to pay directly for the product
which may have been previously covered by a drug
insurance plan.
Currently consumers are paying approximately $70.00
per box of 105 pieces, including wholesaler upcharge and
prescription fee. The price for over the counter nicotine
4 mg chewing gum is anticipated to be approximately the
same as the current $70.00.
The daily cost (at $70.00 per 105 pieces) is
approximately $6.50 per day, based on an average use of
10 pieces per day. This compares favourably with the
immediate daily cost of smoking, which is approximately
$6.00 to $8.00 per day for the heavy smoker for which
nicotine 4 mg is intended.
A notice of Intent to deregulate was published in the
Canada Gazette, Part I on December 28, 1996 with a
seventy-five day comment period.
Contact: Julie Gervais, Risk Management and
Regulatory Affairs Division, Bureau of Drug Policy and
Coordination, Drugs and Medical Devices Directorate,
Health Protection Building, Address Locator 0702B1,
Tunney's Pasture Ottawa, Ontario, K1A 0L2. Tel:
613-952-3601; Fax Number: 613-941-6458; e-mail:
Julie_gervais@inet.hwc.ca.
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Food and Drug Regulations, amendment (Schedule No.
1055)
(SOR/97-411,
OIC 1997-1148)
This amendment establishes Maximum Residue Limits
(MRLs) for fluazifop-butyl in flax and solin at 0.2 parts
per million (ppm).
Fluazifop-butyl is registered under the Pest
Control Products Act as a post emergent herbicide for
the control of a wide range of annual and perennial
grasses in broadleaf crops. MRLs have been established
under the Regulations for fluazifop-butyl residues in
soybeans, strawberries, mustard and milk.
Contact: Head, Food Residue Exposure Assessment
Section, Pest Management Regulatory Agency, Health
Canada, A.L. 6605E1, 2250 Riverside Drive, Ottawa,
Ontario, KlA 0R9. Tel: 613-736-3520; Fax:
613-736-3505.
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Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada Gazette September 17, 1997
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Food and Drug
Regulations, amendment (Schedule No. 1062)
(SOR/97-412,
OIC 1997-1149)
This amendment establishes Maximum Residue Limits
(MRLs) for glyphosate, including its metabolite, in
soybeans at 20.0 parts per million (ppm). This new MRL
harmonizes with the MRL for glyphosate in soybeans
established by the United states Environmental Protection
Agency and the Joint Food and Agriculture Organization of
the United Nations/World Health Organization Food
Standards Programme, Codex Alimentarius Commission.
Glyphosate is registered under the Pest Control
Products Act as a preplant or postharvest treatment
in the control of annual and perennial weeds in crop and
noncrop land. It is also registered for use as a
preharvest treatment of selected crops, to control
perennial grasses and for crop desiccation. Maximum
Residue Limits (MRLs) for glyphosate have been
established under the Regulations for barley and wheat
milling fractions (excluding flour), barley, oats,
soybeans, peas, wheat, lentils, beans, flax and the liver
of cattle, goats, hogs, poultry and sheep. The MRL on
other food crops is 0.1 ppm as specified in subsection
B.15.002(1) of the Regulations.
Contact: Head, Food Residue Exposure Assessment
Section, Pest Management Regulatory Agency, Health
Canada, A.L. 6605E1, 2250 Riverside Drive, Ottawa,
Ontario, KlA 0R9. Tel: 613-736-3520; Fax:
613-736-3505.
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Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada Gazette September 17, 1997
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Food and Drug Regulations, amendment (Schedule No.
1061)
(SOR/97-413,
OIC 1997-1150)
This amendment establishes Maximum Residue Limits
(MRLs) for sethoxydim in tomato paste at 15.0 parts per
million (ppm); in dry beans and peas at 10.0 ppm; in
beans at 5.0 ppm; in potatoes and tomatoes at 4.0 ppm; in
artichoke, cabbage, cantaloupe, eggs, eggplants, mustard
greens and spinach at 2.0 ppm; in celery, cucumbers,
lettuce and squash at 1.0 ppm; in broccoli, corn,
cranberries and liver of poultry at 0.5 ppm and in
poultry meat at 0.2 ppm.
Sethoxydim is registered under the Pest Control
Products Act as a post-emergence herbicide used in
the control of grasses in certain broadleaf crops. MRLs
for sethoxydim residues in soybeans, lentils, beans,
peas, onions and tomatoes have been established under the
Regulations.
Contact: Head, Food Residue Exposure Assessment
Section, Pest Management Regulatory Agency, Health
Canada, A.L. 6605E1, 2250 Riverside Drive, Ottawa,
Ontario, KlA 0R9. Tel: 613-736-3520; Fax:
613-736-3505.
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Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada Gazette September 17, 1997
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Food and Drug Regulations, amendment (Deletion of
Ranitidine 75 mg from Schedule F) (Schedule 1067)
(SOR/97-414,
OIC 1997-1151)
This amendment updates Schedule F to accurately
reflect the regulatory status of ranitidine 75 mg. and
permits ranitidine to be made available without a
prescription for concentrations equivalent to 75 mg of
ranitidine or less per dosage unit.
The indications on the label will be limited to
symptomatic treatment of heartburn and acid indigestion.
The maximum daily dose of ranitidine is limited to 150
mg. The recommended duration of treatment without medical
supervision is 2 weeks.
Ranitidine has been marketed in Canada since 1982 and
since 1981 worldwide. With ranitidine now marketed in 120
countries, there is a large body of post-marketing
surveillance data to support the safety of ranitidine
during "real world" use. Such broad safety experience has
led to the availability of ranitidine 75 mg without a
prescription in 11 countries.
A Notice of Intent to deregulate ranitidine 75 mg or
less was published in Canada Gazette, Part I on May 17,
1997, with a forty five day comment period.
Contact: Karolyn Lu, Policy Division, Bureau of
Policy and Coordination, Therapeutic Products
Directorate, Health Protection Building, Address Locator
0702B1, Tunney's Pasture Ottawa, Ontario, K1A 0L2. Tel:
613-941-3693; Fax Number: 613-941-6458; e-mail:
karolyn_lui@inet.hwc.ca.
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Food and Drugs Act,
subsection 30(1)
HCan/R-15-L
To be published in Canada Gazette September 17, 1997
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Government Employee Land Acquisition Order, 1997,
No. 2
(SOR-97-415,
OIC 1997-1152)
This Order will grant the following employee authority
to acquire an interest in territorial lands located in
the Yukon Territory:
- Sean Fitzgerald, an employee of the Department of
Canadian Heritage, to lease with option to purchase,
for commercial and residential purposes, the whole of
a parcel of land situated east of Haines Junction near
the Dezadeash River in Quad 115 A/14 and the
southwesterly boundary of Lot 86, Group 803.
Contact: Ian Sneddon, Chief, Land Management
Division, Department of Indian Affairs and Northern
Development, Les Terrasses de la Chaudière, 10
Wellington Street, Ottawa, Ontario, K1A 0H4. Tel:
819-997-9090.
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Territorial Lands Act, paragraph 29(1)(a)
INAC/96-R-5-I;
INAC/97-R-2-I
To be published in Canada Gazette September 17, 1997
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Order Prohibiting Entry on Certain Lands in the Yukon
Territory (1997, No. 4)
(SOR-97-416,
OIC 1997-1153)
This Order responds to the request by the Yukon
Government that the administration and control of Lot
numbered 1025, Quad 105E/5 (land comprised of
approximately 123.8 hectares) near kilometre 281.4 of the
Klondike Highway, (Highway No. 2) in the Yukon Territory
be transferred to the Commissioner of the Yukon Territory
for airport purposes. To ensure that no new third-party
interests are created on these lands, an Order
Prohibiting Entry on Certain Lands in the Yukon Territory
pursuant to section 98 of the Yukon Placer Mining
Act and section 14.1 of the Yukon Quartz Mining
Act has been issued.
This Order is required pursuant to the Yukon Arctic
B&C Airports Transfer Agreement of March 27, 1990
between the Government of Canada and the Yukon
Government. This Agreement was authorized by the Governor
in Council pursuant to Order in Council P.C. 1989-1/1510
of July 27, 1989.
Contact: Ian Sneddon, Chief, Land Management
Division, Department of Indian Affairs and Northern
Development, Les Terrasses de la Chaudière, 10
Wellington Street, Ottawa, Ontario, K1A 0H4. Tel:
819-997-9090.
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Yukon Placer Mining Act, section 98; Yukon
Quartz Mining Act, section 14.1
INAC/R-1-I;
To be published in Canada Gazette September 17, 1997
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Order Prohibiting Entry on
Certain Lands in the Yukon Territory (1997, No. 5, Ddhaw
Ghro Habitat Protection Area, Y.T.)
(SOR-97-417,
OIC 1997-1154)
This Order is designed to provide protection against
locating, prospecting or mining under the Yukon Placer
Mining Act and the Yukon Quartz Mining Act as
per an Agreement with the Selkirk First Nation.
During negotiations of the Selkirk First Nation Final
Agreement, it was agreed the Ddhaw Ghro area in the
McArthur Wildlife Sanctuary contained unique habitat.
Therefore, pursuant to clause 3.6 of that agreement, the
designated lands are to be protected as a wildlife
habitat area for the benefit of all Yukon people. The
government has agreed that it will take steps to ensure
that no new third-party interests are created on the
identified lands for three years from the Effective Date
of this Agreement, or until a management plan is
approved.
The Order will be effective on the date it comes into
force (August 28, 1997) and will end on August 31, 2000.
Contact: Ian Sneddon, Chief, Land Management
Division, Department of Indian Affairs and Northern
Development, Les Terrasses de la Chaudière, 10
Wellington Street, Ottawa, Ontario, K1A 0H4. Tel:
819-997-9090.
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Yukon Placer Mining Act, section 98; Yukon
Quartz Mining Act, section 14.1
INAC/R-1-I;
To be published in Canada Gazette September 17, 1997
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Order Prohibiting Entry on
Certain Lands in the Yukon Territory (1997, No. 6,
Lhutsaw Wetland Habitat Protection Area, Y.T.)
(SOR-97-418,
OIC 1997-1155)
This Order is designed to provide protection against
locating, prospecting or mining under the Yukon Placer
Mining Act and the Yukon Quartz Mining Act as
per an Agreement with the Selkirk First Nation.
During negotiations of the Selkirk First Nation Final
Agreement, it was agreed that the Lhutsaw Wetland Area in
the Von Wilczek Lakes Area, in the Yukon Territory,
contained unique wetland habitat. Therefore, pursuant to
Chapter 10, Schedule C, paragraph 1.4 of that agreement,
the designated lands are to be protected as a wildlife
habitat area for the benefit of all Yukon people.
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Yukon Placer Mining Act, section 98; Yukon
Quartz Mining Act, section 14.1
INAC/R-1-I;
To be published in Canada Gazette September 17, 1997
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The government has agreed that it will take steps to
ensure that no new third-party interests are created on
the identified lands for three years from the Effective
Date of this Agreement, expected to be ratified in August
1997, or until a management plan is approved.
The Order will be effective on the date it comes into
force (August 28, 1997) and will end on August 31, 2000.
Contact: Ian Sneddon, Chief, Land Management
Division, Department of Indian Affairs and Northern
Development, Les Terrasses de la Chaudière, 10
Wellington Street, Ottawa, Ontario, K1A 0H4. Tel:
819-997-9090.
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Freed & Freed International Ltd. Remission Order
(SOR/97-419,
OIC 1997-1156)
This Order remits $29,345.25 in customs duties, paid
on importations of wool fabric, to Freed & Freed
International Ltd.
In 1993, Freed & Freed imported wool fabric from
Russia. At the time of clearance of the shipment, the
company presented certificates of origin provided by the
Russian Federation Chamber of Commerce, as it was claimed
that political unrest in the country prevented the
issuance of a "Form A". These certificates were accepted
by Customs and duty was paid at the General
Preferential-Tariff (OPT) rate of 16.5%. In September
1994, the Form A was requested by the Department. The
company tried several times to obtain the Form A
documents from the exporter. They were told, however,
that these documents could only be provided for shipments
made in the last ten months and that requests relating to
shipments earlier than that could not be granted.
As a result of the company's inability to provide the
Form A within the time limit for filing appeals, the
Department reassessed the original tariff treatment claim
of GPT (16.5%) to the Most-Favoured-Nation Tariff (MFNT)
rate (23.5%). This represents an increase in duties of
$29,000
Contact: Megan Clifford, A/Secretary,
Interdepartmental Remission Committee, Department of
National Revenue, 6th Floor, Connaught Building,
MacKenzie Avenue, Ottawa, Ontario, K1A 0L5. Tel:
613-952-7915.
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Customs Tariff, section 101
RC/R-32-L
To be published in Canada Gazette September 17, 1997
|
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Pension Benefits Division Regulations, amendment
(SOR/97-420,
OIC 1997-1157)
The proposed technical amendments to the Regulations
deal with two-year vesting, the division of pension
benefits under a Retirement Compensation Arrangement,
consistency in the destination of pension funds, the
adjustment to the C/QPP reduction of the member's pension
after division, and adjustments to payments under
reciprocal transfer agreements following a division of
pension benefits.
The Pension Benefits Division Act and its
Regulations which came into force on Sept. 30, 1994,
provides a mechanism for recognizing court orders or
spousal agreements allowing for the division of pension
benefits between a member of a federal public sector
pension plan and a spouse or former spouse on marital
breakdown.
Contact: Joanne F. Lee, Director, Pensions
Legislation Development Group, Pensions Division,
Treasury Board Secretariat, Ottawa, Ontario, K1A 0R5.
Tel: 613-952-3233; Fax: 613-952-3240.
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Pension Benefits Division Act, subsection 30(1)
TBS/93-3-I
To be published in Canada Gazette September 17, 1997
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Motor Vehicle Safety Regulations, amendment
(SOR/97-421,
OIC 1997-1158)
This amendment makes minor changes to the Regulations.
The changes include:
- the revision of several of the definitions
contained in subsection 2(1) (e.g., "SAE Compatibility
Fluid" has been revised to eliminate the reference to
SAE RM-66-03 compatibility fluid which is no longer
available commercially; the substitution of commas in
French in several references to speed in km; changes
in French, to use the correct terminology to
correspond to the English);
- clarification of provisions that may have been
subject to misinterpretation;
- the standardization or correction of terminology
(e.g., use of "transmission control" to replace
"shift", "transmission shift", "transmission shift
control", "transmission shift lever" and
"transmission" when used to refer to the control; and
- the elimination of anomalies, inconsistencies, or
obsolete requirements (e.g., repeal of section 211).
Since subsection 1 1(4) of the Motor Vehicle Safety
Act waives the requirement for amendments that "make
no substantive change to existing regulations" to be
announced in the Canada Gazette Part I, the Department of
Transport did not prepublish its intention to make this
amendment.
Contact: Paul Lemay, Automotive Safety Engineer,
Road Safety and Motor Vehicle Regulation, Department of
Transport, 330 Sparks Street, Place de Ville, Tower C,
Ottawa, Ontario, K1A 0N5. Tel: 613-998-1967; Fax:
613-990-2913; e-mail:
LEMAYP@TC.GC.CA.
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Motor Vehicle Safety Act, S.C., 1993, c. 16
Not included in Regulatory Plan
To be published in Canada Gazette September 17, 1997
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Manitoba Hog Order, amendment
(SOR/97-422,
OIC 1997-1237)
This amendment recognizes legislative changes which
have been made at the provincial level for regulating hog
marketing in Manitoba.
The amendments to section 2 of the Order, and
correspondingly to sections 3 and 4, are being made in
view of a number of changes at the provincial level,
including:
- the passage of a new Manitoba Hog Producers'
Marketing Plan (Manitoba Regulation 55/96) pursuant to
which the marketing of hogs in Manitoba is regulated.
This change now permits producers to market their hogs
other than through Manitoba Pork est. as previously
required.
- the passage of a new Hog Administration Levy
Regulation, as Manitoba Regulation 123/96. This levy
is payable on each hog the producer markets and is
payable at the time and place the producer markets the
hogs. This levy is to be used by Manitoba Pork est.
only for its purposes.
Contact: Carola McWade, Director, Operations and
Regulatory Affairs, National Farm Products Council, 270
Albert Street, 13th Floor, P.O. Box 3430, Station D
Ottawa, Ontario, K1P 6L4. Tel: 613-995-9697; Fax:
613-995-2097.
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Agricultural Products Marketing Act
Not included in Regulatory Plan
To be published in Canada Gazette September 17, 1997
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Alberta Hog Order,
amendment
(SOR/97-423,
OIC 1997-1238)
The amendment to Section 2 of the Order is being made
in view of the change in the name of the Commodity Board
from the Alberta Hog Producers Marketing Board to the
Alberta Pork Producers Development Corporation.
The amendment will ensure that the Alberta Pork
Producers Development Corporation has the power to
regulate the marketing of hogs produced in Alberta, in
interprovincial and export trade, as well as its powers
to regulate the marketing of hogs in intraprovincial
trade pursuant to The Marketing of Agricultural Products
Act.
Contact: Carola McWade, Director,
Operations and Regulatory Affairs, National Farm Products
Council, 270 Albert Street, 13th Floor, P.O. Box 3430,
Station D Ottawa, Ontario, K1P 6L4. Tel: 613-995-9697;
Fax: 613-995-2097.
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Agricultural Products Marketing Act
Not included in Regulatory Plan
To be published in Canada Gazette September 17, 1997
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British Columbia Chicken
Order, amendment
(SOR/97-424,
OIC 1997-1239)
This Order replaces the existing British Columbia
Broiler Order.
In the new Order, the definition of "Broiler",
"Commodity Board", and "Scheme" are replaced by new
definition reflecting the new name of the commodity
board: the British Columbia Chicken Marketing Board in
place of British Columbia Broiler Marketing Board.
In addition, the new definition of chicken is
broadened to include any article of food or drink wholly
or partially manufactured or derived from chicken.
Section 4 is added to the Order to standardize the new
Order with Delegation Orders received by other commodity
groups. The existing Order was in place prior to
amendment to the Agricultural Products Marketing
Act that added a separate section to the Act
specifically referring to the imposition of levies.
The British Columbia Chicken Marketing Board name
change made under the Agriculture Products Marketing
Act provides the B.C. Chicken Marketing Board the
right to extend the powers already granted to it by the
Province of British Columbia to regulate the
intraprovincial marketing of chicken (including the
collection of levies) into the areas of inter provincial
and export marketing for chicken produced in British
Columbia.
The amendments to Section 1, 2 and 3 of the order are
being made in view of the B.C. Broiler Marketing Board's
name change at the Provincial level. The amendments will
ensure that the British Columbia Chicken Marketing Board
(BCCMB) has the power to regulate the marketing of
chicken produced in British Columbia, in inter provincial
and export trade as well as its powers to regulate the
marketing of chicken in intraprovincial trade pursuant to
the Natural Products Marketing (British Columbia) Act.
Contact: Carola McWade, Director, Operations and
Regulatory Affairs, National Farm Products Council, 270
Albert Street, 13th Floor, P.O. Box 3430, Station D
Ottawa, Ontario, K1P 6L4. Tel: 613-995-9697; Fax:
613-995-2097.
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Agricultural Products Marketing Act
Not included in Regulatory Plan
To be published in Canada Gazette September 17, 1997
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Pre-Published and Approved
No comments or changes
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Statutory Authority
&
Regulatory Plan Listing
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Food and Drug Regulations, amendment (Schedule No.
1023)
(SOR/97-403,
OIC 1997-1140)
This amendment establishes Maximum Residue Limits
(MRLs) for abamectin, and its isomer, in celery and head
lettuce at 0.05 parts per million (ppm); in apples,
citrus fruits, pears and strawberries at 0.02 ppm; in
peppers and tomatoes at 0.01 ppm; and in almonds and
walnuts at 0.005 ppm.
This schedule of amendments was published in the
Canada Gazette Part I on January 18, 1997. No responses
were received.
Contact: Head, Food Residue Exposure Assessment
Section, Pest Management Regulatory Agency, Health
Canada, A.L. 6605E1, 2250 Riverside Drive, Ottawa,
Ontario, KlA 0R9. Tel: 613-736-3520; Fax:
613-736-3505.
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Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada Gazette September 17, 1997
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Food and Drug Regulations, amendment (Schedule No.
1022)
(SOR/97-404,
OIC 1997-1141)
This amendment establishes Maximum Residue Limits
(MRLs) for tebufenozide in apples at 1.0 parts per
million (ppm).
Tebufenozide is an insecticide used for the control of
caterpillars and worms. Tebufenozide is already approved
for use on apples, in France, Japan and New Zealand and
on some fruits in Switzerland.
This schedule of amendments was published in the
Canada Gazette Part I on January 18, 1997. No responses
were received.
Contact: Head, Food Residue Exposure Assessment
Section, Pest Management Regulatory Agency, Health
Canada, A.L. 6605E1, 2250 Riverside Drive, Ottawa,
Ontario, KlA 0R9. Tel: 613-736-3520; Fax:
613-736-3505.
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Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada Gazette September 17, 1997
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Food and Drug Regulations, amendment (Schedule No.
1027)
(SOR/97-405,
OIC 1997-1142)
This amendment establishes Maximum Residue Limits
(MRLs) for cyromazine and its metabolite melamine in
celery, spinach and leaf lettuce at 10 parts per million
(ppm), in mushrooms at 8.0 ppm, in head lettuce at 4.0
ppm, in green onions and peppers at 3.0 ppm, in dry
potato products at 1.5 ppm, in tomatoes, melons, and
cucumbers at 1.0 ppm, in potatoes at 0.5 ppm and in dry
onions at 0.3 ppm.
Any residues of cyromazine and melamine in other foods
will be covered by the general limit of 0.1 ppm specified
in subsection B.15.002(1) of the Regulations.
Cyromazine is an insecticide used in the control of
Colorado potato beetle, leaf miner and other insect
pests.
The schedule of amendments was published in the Canada
Gazette Part I on December 14, 1996. No responses were
received.
Contact: Head, Food Residue Exposure Assessment
Section, Pest Management Regulatory Agency, Health
Canada, A.L. 6605E1, 2250 Riverside Drive, Ottawa,
Ontario, KlA 0R9. Tel: 613-736-3520; Fax:
613-736-3505.
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Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada Gazette September 17, 1997
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Canada Business Corporations
Regulations, amendment
(SOR/97-406,
OIC 1997-1143)
This amendment establishes the provisions under which
the Director may exempt, from the application of
provisions of the Canada Business Corporations Act
(CBCA) requiring documents to be filed with the Director,
those documents which contain information that is similar
to information required to be made public pursuant to
other federal or provincial legislation.
After consultation with interested parties and
negotiations with the various provincial securities
regulators, six documents have been initially identified
as appropriate subjects of an order by the Director under
section 258.2 of the CBCA:
- insider reports (s. 127);
- prospectuses (s. 193);
- statements of material facts or changes (s. 193);
- registration statements (s. 193);
- interim financial statements (s. 160); and
- news releases (s. 193).
The exemption order to be issued will identify the
documents that shall be exempted from the application of
specific CBCA provisions.
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Canada Business Corporations Act, sections
258.2 and 261
IC/96-11
To be published in Canada Gazette September 17, 1997
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A document identified in an exemption order will not
be required to be filed with the Director provided that
it has been filed in at least one of the applicable
jurisdictions set out in the order pertaining to that
document.
This initiative was also prepublished in the Canada
Gazette, Part I of March 15, 1997 (see Regulatory
Affairs, Vol. 3, No. 9, pp. 2-3, March 15, 1997). No
comments were received.
Contact: Caroline P. Melia, Senior Compliance
Policy Advisor, Corporations Directorate, Industry
Canada, 9th floor, Jean Edmonds Tower South, 365 Laurier
Avenue West, Ottawa, Ontario. Tel: 613-941-5755; Fax:
613-941-5781.
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