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Regulatory Affairs

VOL. 4, No. 36

December 3, 1998

Tracking Federal Regulatory Initiatives

Highlights:

Proposed Regulations

Relaxation of compulsory pilotage limit for pleasure yachts in Atlantic Pilotage area proposed

Exempt from Prepublication and Approved

Tariff on imported manufacturing inputs revised

Ministerial Orders, Approved

Tariff provisions updated in light of new Firearms regime

Proposed Regulations

for Pre-Publication in Part I, Canada Gazette

Statutory Authority

Atlantic Pilotage Authority Regulations, amendment

The proposed amendments would relax the compulsory pilotage limit for pleasure yachts to 500 gross registered tons, up from the current limit of 200 gross registered tons, in the Atlantic Pilotage area.

Following a recent review, it was found that yachts up to this gross tonnage were, highly manoeuvrable, fitted with modern navigation and collision avoidance equipment and manned by competent persons. As a result of this review, the Authority considers that it is both safe and feasible to relax the requirement for compulsory pilotage for pleasure yachts of 500 gross registered tons or less.

The Atlantic Pilotage Authority (APA) is responsible for administering, in the interests of safety, an efficient pilotage service within the Canadian waters in and around the Atlantic provinces, including the waters of Chaleur Bay in the province of Quebec, south of Cap d'Espoir in latitude 48 degrees 25 minutes 8 seconds North, longitude 64 degrees 19 minutes 6 seconds West.

Contact: Captain R. A. McGuinness, Chairman, Atlantic Pilotage Authority, Purdy's Wharf, Tower 1, Suite 1402, 1959 Upper Water Street, Halifax, Nova Scotia, B3J 3N2. Tel: 902-426-2550; Fax: 902-426-4004.

Pilotage Act, subsection 20(1)

Published in Canada Gazette November 7, 1998

Exempt from Pre-Publication

and Approved

Statutory Authority

Order Amending the Schedule to the Customs Tariff, 1998-4 (SOR/98-574, OIC 1998-2089

The Order introduces a number of tariff reductions on imported manufacturing inputs.

This Order also introduces technical amendments to tariff provisions related to certain woven fabrics for certain women's apparel, and to certain aluminum foil of tariff subheading No. 7607.11, in order to clarify the tariff treatment of these goods.

More specifically:

"AMENDMENTS

1. Tariff item Nos. 4412.22.00, 7211.29.20, 7216.50.20, 7228.70.20, 7607.11.10, 7607.11.20 and 7607.11.30 in the List of Tariff Provisions set out in the schedule to the Customs Tarift are repealed.

2. The List of Tariff Provisions set out in the schedule to the Act is amended as set out in Part 1 of the schedule to this Order.

3. The List of Tariff Provisions set out in the schedule to the Act is amended as set out in Part 2 of the schedule to this Order.

4. The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provisions set out in Part 3 of the schedule to this Order.

5. The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provision set out in Part 4 of the schedule to this Order.

COMING INTO FORCE

6. (1) Subject to subsections (2) and (3), this Order comes into force on the day on which it is registered.

(2) Section 3 is deemed to have come into force on November 1, 1998.

(3) Section 5 is deemed to have come into force on August 29, 1998."Foregone revenue will be an estimated $1,597,000 annually.

Contact: Brian Roos, International Trade Policy Division, Department of Finance, Ottawa, Ontario, K1A 0G5. Tel: 613-996-5538.

Customs Tariff, section 82

To be published in Canada Gazette December 9, 1998

Special Appointment Regulations, No. 1998-15 (SOR/98-575, OIC 1998-2102)

The regulations makes the following appointment and exempts the appointment from the application of the Public Service Employment Act, except sections 32, 33 and 34, while the appointee is in the positions:

Margaret Purdy as Deputy Secretary to the Cabinet (Security and Intelligence), Privy Council Office.

Contact: Senior Personnel Management, Privy Council Office, Postal Station B Building, Ottawa, Ontario K1A 0A3. Tel: 613-957-5288

Public Service Employment Act , subsection 37(1)

To be published in Canada Gazette December 9, 1998

Ministerial Orders

Approved

Statutory Authority

Capacity Plates and Conformity Plates Charges Order (SOR/98-576)

This Order increases the fee for a capacity plate or single vessel plate from $2.50 to $5.00 and the fee for a conformity plate from $1.00 to $5.00.

Capacity plates are required on vessels that are not over 6 m in length and capable of being fitted with a motor or motors of 10 hp (7.5 kW) or more.

Financial Administration Act, paragraph 19(1)(b)

To be published in Canada Gazette December 9, 1998

All vessels that are capable of being fitted with a motor of any power that are not required to have a capacity plate must have a conformity plate or single vessel plate stating that the vessel is constructed in accordance with the construction standards.

Capacity plates fees were introduced in 1962 while conformity plates were introduced in 1974. Both fees remained at the same level until they were raised under SOR/87-593. In 1994, authority to prescribe fees, by Order in Council, for capacity and conformity plates was delegated to the Minister of Transport by the Governor in Council.

The fees for the issuance of vessel plates no longer reflect the technical evaluation, administration, production and issuing costs.

Contact: Michel Desparois, A/Manager, Regulations, Office of Boating Safety, Department of Fisheries and Oceans, 200 Kent Street, 5th Floor, Centennial Towers, Ottawa, Ontario, K1A 0E6. Tel: 613-991-4981.

Regulations Amending the List of Tariff Provisions set out in the Schedule to the Customs Tariff (SOR/98-577)

The Regulations amend tariff item No. 9898.00.00 to reflect the change in language and references made to the substantive criminal law legislation by the Firearms Act and the new Part III of the Criminal Code.

The changes will have no significant impact, however, on either individuals or businesses importing firearms or other weapons.

Tariff item No. 9898.00.00 currently prohibits the importation of "offensive weapons", a class which includes all firearms and other weapons, except in certain authorized circumstances. The provision complements Part III of the Criminal Code, which deals generally with firearms control, and The Export and Import Permits Act, which provides for certain import and export controls at the border.

These Regulations come into force on December 1, 1998.

Contact: Megan Clifford, International Trade Policy Division, Department of Finance, Ottawa, Ontario, K1A 0G5. Tel: 613-992-6890. Legal Counsel, Canadian Firearms Centre, Department of Justice, East Memorial Building, 284 Wellington Street, Ottawa, Ontario, K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.

Customs Tariff, section 13

To be published in Canada Gazette December 9, 1998

Proposed Regulations for Pre-Publication in Part I, Canada Gazette	Statutory Authority
Atlantic Pilotage Authority Regulations, amendment The proposed amendments would relax the compulsory pilotage limit for pleasure yachts to 500 gross registered tons, up from the current limit of 200 gross registered tons, in the Atlantic Pilotage area. Following a recent review, it was found that yachts up to this gross tonnage were, highly manoeuvrable, fitted with modern navigation and collision avoidance equipment and manned by competent persons. As a result of this review, the Authority considers that it is both safe and feasible to relax the requirement for compulsory pilotage for pleasure yachts of 500 gross registered tons or less. The Atlantic Pilotage Authority (APA) is responsible for administering, in the interests of safety, an efficient pilotage service within the Canadian waters in and around the Atlantic provinces, including the waters of Chaleur Bay in the province of Quebec, south of Cap d'Espoir in latitude 48 degrees 25 minutes 8 seconds North, longitude 64 degrees 19 minutes 6 seconds West. Contact: Captain R. A. McGuinness, Chairman, Atlantic Pilotage Authority, Purdy's Wharf, Tower 1, Suite 1402, 1959 Upper Water Street, Halifax, Nova Scotia, B3J 3N2. Tel: 902-426-2550; Fax: 902-426-4004.	Pilotage Act, subsection 20(1) Published in Canada Gazette November 7, 1998

Exempt from Pre-Publication and Approved	Statutory Authority
Order Amending the Schedule to the Customs Tariff, 1998-4 (SOR/98-574, OIC 1998-2089 The Order introduces a number of tariff reductions on imported manufacturing inputs. This Order also introduces technical amendments to tariff provisions related to certain woven fabrics for certain women's apparel, and to certain aluminum foil of tariff subheading No. 7607.11, in order to clarify the tariff treatment of these goods. More specifically: "AMENDMENTS 1. Tariff item Nos. 4412.22.00, 7211.29.20, 7216.50.20, 7228.70.20, 7607.11.10, 7607.11.20 and 7607.11.30 in the List of Tariff Provisions set out in the schedule to the Customs Tarift are repealed. 2. The List of Tariff Provisions set out in the schedule to the Act is amended as set out in Part 1 of the schedule to this Order. 3. The List of Tariff Provisions set out in the schedule to the Act is amended as set out in Part 2 of the schedule to this Order. 4. The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provisions set out in Part 3 of the schedule to this Order. 5. The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provision set out in Part 4 of the schedule to this Order. COMING INTO FORCE 6. (1) Subject to subsections (2) and (3), this Order comes into force on the day on which it is registered. (2) Section 3 is deemed to have come into force on November 1, 1998. (3) Section 5 is deemed to have come into force on August 29, 1998."Foregone revenue will be an estimated $1,597,000 annually. Contact: Brian Roos, International Trade Policy Division, Department of Finance, Ottawa, Ontario, K1A 0G5. Tel: 613-996-5538.	Customs Tariff, section 82 To be published in Canada Gazette December 9, 1998
Special Appointment Regulations, No. 1998-15 (SOR/98-575, OIC 1998-2102) The regulations makes the following appointment and exempts the appointment from the application of the Public Service Employment Act, except sections 32, 33 and 34, while the appointee is in the positions: Margaret Purdy as Deputy Secretary to the Cabinet (Security and Intelligence), Privy Council Office. Contact: Senior Personnel Management, Privy Council Office, Postal Station B Building, Ottawa, Ontario K1A 0A3. Tel: 613-957-5288	Public Service Employment Act , subsection 37(1) To be published in Canada Gazette December 9, 1998

Ministerial Orders Approved	Statutory Authority
Capacity Plates and Conformity Plates Charges Order (SOR/98-576) This Order increases the fee for a capacity plate or single vessel plate from $2.50 to $5.00 and the fee for a conformity plate from $1.00 to $5.00. Capacity plates are required on vessels that are not over 6 m in length and capable of being fitted with a motor or motors of 10 hp (7.5 kW) or more.	Financial Administration Act, paragraph 19(1)(b) To be published in Canada Gazette December 9, 1998
All vessels that are capable of being fitted with a motor of any power that are not required to have a capacity plate must have a conformity plate or single vessel plate stating that the vessel is constructed in accordance with the construction standards. Capacity plates fees were introduced in 1962 while conformity plates were introduced in 1974. Both fees remained at the same level until they were raised under SOR/87-593. In 1994, authority to prescribe fees, by Order in Council, for capacity and conformity plates was delegated to the Minister of Transport by the Governor in Council. The fees for the issuance of vessel plates no longer reflect the technical evaluation, administration, production and issuing costs. Contact: Michel Desparois, A/Manager, Regulations, Office of Boating Safety, Department of Fisheries and Oceans, 200 Kent Street, 5th Floor, Centennial Towers, Ottawa, Ontario, K1A 0E6. Tel: 613-991-4981.
Regulations Amending the List of Tariff Provisions set out in the Schedule to the Customs Tariff (SOR/98-577) The Regulations amend tariff item No. 9898.00.00 to reflect the change in language and references made to the substantive criminal law legislation by the Firearms Act and the new Part III of the Criminal Code. The changes will have no significant impact, however, on either individuals or businesses importing firearms or other weapons. Tariff item No. 9898.00.00 currently prohibits the importation of "offensive weapons", a class which includes all firearms and other weapons, except in certain authorized circumstances. The provision complements Part III of the Criminal Code, which deals generally with firearms control, and The Export and Import Permits Act, which provides for certain import and export controls at the border. These Regulations come into force on December 1, 1998. Contact: Megan Clifford, International Trade Policy Division, Department of Finance, Ottawa, Ontario, K1A 0G5. Tel: 613-992-6890. Legal Counsel, Canadian Firearms Centre, Department of Justice, East Memorial Building, 284 Wellington Street, Ottawa, Ontario, K1A 0H8. Tel: 1-800-731-4000; Fax: 613-941-1991.	Customs Tariff, section 13 To be published in Canada Gazette December 9, 1998

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