Proposed Regulations
for Pre-Publication in
Part I, Canada Gazette
|
Statutory Authority
&
Regulatory Plan Listing
|
Orderly Payment of Debts
Regulations, amendment
The proposed amendment would
amend section 30 of the Regulations in order to increase
to 15% from 10% the levy used to cover the costs
associated with administering the consolidation of debt
payments to a creditor by an individual under Part X of
the Bankruptcy and Insolvency Act.
The levy is deducted by the
court clerk from each payment that is made to a
registered creditor in respect of a claim by the creditor
under a court-establish consolidation order. The
provinces who administer the orderly payment of debts
programs requested the increase because the current 10%
levy is insufficient to cover program costs.
The amended regulations are
proposed to come into effect on April 30, 1998 and would
apply to each payment made to a creditor on or after that
date.
- Contact: Karina Fauteux,
Office of the Superintendent of Bankruptcy, Industry
Canada, Jean Edmonds Towers, South Tower, 365 Laurier
Avenue West, Ottawa, Ontario, K1A 0C8. Tel:
613-941-5762; Fax: 613-941-2692; e-mail:
fauteux.karina@ic.gc.ca.
|
Bankruptcy and
Insolvency Act , paragraph 240(b)
IC/97-1-F
Published in Canada Gazette
February 7, 1998
|
Bankruptcy and Insolvency
Rules, amendment
The new and amended rules,
which come into effect on April 30, 1998, are designed to
eliminate obsolete provisions and to reflect changes
stemming from An Act to Amend the Bankruptcy and
Insolvency Act, the Companies' Creditors Arrangement Act,
and the Income Tax Act (C-12) which came into effect
September 30, 1997.
Some of the changes include:
- new rules 6 and 7 to
permit certain documents to be filed electronically;
- new rule 59, which
conveys the circumstances in which a goods and
services tax credit payment is exempted from seizure
by a trustee;
- new rule 105, which
deals with the mediation process;
- new rule 118, which
requires that any person opposing the discharge of a
bankrupt under the Act must file that opposition with
the court, together with any applicable fee provided
by the tariff;
- standardization of time
periods under the Rules;
- increase fees for
trustees for performing a summary administration
bankruptcy (rule 128);
- raise the ceiling of
realizable assets in summary administration from
$5,000 to $10,000 (new rule 130);
- increase fees payable to
both trustees and administrators of consumer proposals
under the Bankruptcy Act (rule 129).
- Contact: Karina Fauteux,
Office of the Superintendent of Bankruptcy, Industry
Canada, Jean Edmonds Towers, South Tower, 365 Laurier
Avenue West, Ottawa, Ontario, K1A 0C8. Tel:
613-941-5762; Fax: 613-941-2692; e-mail:
fauteux.karina@ic.gc.ca.
|
Bankruptcy and
Insolvency Act , subsection 209(1)
IC/96-1-L; IC/96-3-L;
CACC/93-26-L
Published in Canada Gazette
February 7, 1998
|
Food and Drug Regulations
(Schedule 1087), amendment
The proposed amendment would
establish Maximum Residue Limits (MRLs) for fluazuron in
the fat of cattle at 7.0 parts per million (ppm) and in
meat by-products of cattle at 0.5 ppm.
Residues of fluazuron, a
tick development inhibitor used to control the cattle
tick Boophilus microplus which is present in Australia
and other tropical areas, will be covered under the
general tolerance of 0.1 ppm specified in subsection
B.15.002(1) of the Regulations.
- Contact: 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; Fax: 613-736-3505.
|
Food and Drugs Act
, subsection 30(1)
HCan/R-33-I
Published in Canada Gazette
February 7, 1998
|
Food and Drug Regulations
(Schedule 1096), amendment
The proposed amendment would
provide for 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
parts per million (ppm).
At present, there is no
provision under the Regulations for such use; however,
the proposed use is permitted in the United States and
the European Union.
- Contact: Director,
Bureau of Food Regulatory, International &
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)
HCan/R-33-I
Published in Canada Gazette
February 7, 1998
|
Radiocommunication
Regulations, amendment
The proposed amendments
would correct several omissions and inconsistencies in
the Regulations, which were approved in November, 1996.
More specifically:
- subsection 22(2) is
being modified to eliminate a contradiction with
subsection 21(4), which correctly reflects current
government policy. Subsection 21(4) requires that
equipment must meet applicable standards in order to
be certified by the Minister. The change in subsection
22(2) will require that equipment which has been
modified must be tested in accordance with section 24,
to ensure that it meets applicable standards before
being certified by the Minister.
- subsection 24(5) is
being modified to ensure that importers as well as
manufacturers are covered throughout section 24; in
the current regulations, importers were inadvertently
left out of subsection 24(5), creating a number of
undesirable effects.
- Contact: Angela
Briginshaw, Manager, National and International
Regulations, Radiocommunications and Broadcasting
Regulatory Branch, Industry Canada,300 Slater Street,
Ottawa, Ontario, K1A 0C8. Tel: 613-998-2927; Fax:
613-993-4433;e-mail: briginshaw.angela@ic.gc.ca.
|
Radiocommunication
Act , section 6
Not included in Regulatory
Plan
Published in Canada Gazette
February 7, 1998
|
Regulations Defining "wireless
transmission system" for the Purposes of section 68.1 of
the Copyright Act
The proposed regulations
will define the term "wireless transmission system" so
that it is clear who would benefit from a special and
transitional royalty rate intended to reduce the
financial impact on the radio broadcasting industry of
the introduction of a new tariff.
A clear and precision
definition of this term will speed up the tariff approval
procedure at the Copyright Board. The term is important
to define in the context of neighboring rights.
More specifically, "For the
purposes of section 68.1 of the Copyright Act, "wireless
transmission system" means a system operated by a
terrestrial radio station that transmits in analog or
digital mode a signal containing performers' performances
of musical works or sound recordings embodying the
performers' performances, in analog or digital form,
whether in the A.M. or F.M. frequency band or in any
other range assigned by the Minister under section 5 of
the Radiocommunication Act, without artificial guide for
free reception by the public."
- Contact: Suzie Beaulieu,
Legal Policy Analyst, Intellectual Property Policy
Directorate, Industry Canada,5th Floor West, 235 Queen
Street, Ottawa, Ontario, K1A 0H5. Tel: 613-952-2377,
Michelle L. Boudreau, Policy Analyst, Copyright Policy
and Economic Planning, Department of Canadian
Heritage, 4th Floor, Room 112, 15 Eddy Street, Hull,
Quebec, K1A 0M5. Tel: 819-997-5990.
|
Copyright
Act , paragraph 240(b)
Not included in Regulatory
Plan
Published in Canada Gazette
February 7, 1998
|
Carriers and Transportation
Undertakings Information Regulations, amendment
The proposed amendments
would require railways moving grain and companies
operating elevators receiving and handling western grain
to provide additional financial information to the
Minister of Transport, for policy and regulatory
purposes.
More specifically, railways
will be required to provide additional financial
information to determine railway efficiency gains and the
level of sharing of such gains with grain shippers. This
would include additional railway operational information
to determine railcar cycle time.
|
Canadian
Transportation Act , subsection 50(1)
TC/97-1-L
Published in Canada Gazette
February 7, 1998
|
|
Companies operating
elevators receiving and handling western grain (grain
handling undertakings) would be required to provide
operational and financial information to determine
handling costs and revenues at primary elevators in
western Canada and at terminal, transfer and process
elevators.
The additional information
to be collected would be used for a 1999 review of the
grain transportation and handling systems. The
information collected under the Regulations would be kept
confidential.
- Contact: Jed Cochrane,
Chief, Railway Freight, Rail Policy and Programs
Directorate, Policy Group, Transport Canada, Ottawa,
Ontario, K1A 0N5. Tel: 613-998-1888.
|
|
Exempt from Pre-Publication
and Approved
|
Statutory Authority
&
Regulatory Plan Listing
|
Customs Tariff (CARIBCAN),
amendment
(SOR/98-104,
OIC 1998-123)
This Order extends the
duty-free provisions of the CARIBCAN tariff arrangement
to the following products:
- goods of the Harmonized
System heading no. 42.02 - travel goods, handbags and
similar containers (other than leather luggage of
tariff items nos. 4202.11.00 or 4202.91.90 which are
already included under CARIBCAN);
- goods of heading no.
46.02 - certain basketwork and wickerwork (other than
tariff item nos. 4602.10.92, 4602.90.10 and 4602.90.90
which are already included under CARIBCAN);
- goods of tariff item no.
2710.00.91 (certain lubricating oils packaged for
retail sale); 2905.11.00 (methanol); 3403.11.10 and
3403.19.10 (certain lubricating oils); and
- goods of tariff item
4203.10.00 (certain articles of apparel of leather or
composition leather).
The 18 countries or
dependent territories that are eligible to receive the
duty-free benefits accorded under CARIBCAN are: Anguilla,
Antigua-Barbuda, The Bahamas, Barbados, Belize, Bermuda,
the British Virgin Islands, the Cayman Islands, Dominica,
Grenada, Guyana, Jamaica, Montserrat, St. Christopher and
Nevis, St. Lucia, St. Vincent and the Grenadines,
Trinidad and Tobago, and the Turks and Caicos Islands.
Total imports entering Canada under the CARIBCAN tariff
preference from these countries amounted to $25 million
in 1996.
- Contact: Joanne
Pindera-Rafuse, International Trade Policy Division,
Department of Finance, Ottawa, Ontario, K1A 0G5. Tel:
613-996-5887.
|
Customs Tariff, section 42
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|
Patented Medicines
Regulations, 1994 (Miscellaneous Program), amendment
(SOR/98-105,
OIC 1998-124)
All of the amendments to
these regulations are of a technical nature. They correct
minor errors in format and syntax; correct
inconsistencies between the English and French versions;
and make minor non-substantive clarification.
Changes are made to section
2, subsections 3(3) and 4(4) and paragraph 4(1)(e).
The changes come into force
February 5, 1998.
- Contact: Sylvie
Dupont-Kirby, Secretary, Patented Medicine Prices
Review Board, 333 Laurier Avenue West, Standard Life
Centre, Suite 1400, Ottawa, Ontario, K1P 1C1. Tel:
613-954-8299; Fax: 613-952-7626.
|
Patent Act, subsection
101(1)
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|
Food and Drug Regulations
(Schedule No. 1047), amendment
(SOR/98-107,
OIC 1998-127)
This amendment establishes
Maximum Residue Limits (MRLs) for trimethylsulfonium
(TMS) cation of glyphosate in wheat at 3.0 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 will be covered by the general limit of 0.1 ppm
specified in subsection B.15.002(1) of the 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. Maximum Residue Limits (MRLs) for glyphosate
residues have been established under the Regulations for
barley, oats, wheat, soybeans, peas, lentils, beans and
flax.
- Contact: 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; Fax: 613-736-3505.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette February 18, 1998
|
Order Prohibiting Entry on
Certain Lands in the Yukon Territory (1998-No. 1,
Klondike Valley, Y.T.)
(SOR/98-108,
OIC 1998-132)
This Order prohibits the
staking of new mining claims or the prospecting for
precious metals on these lands along the Klondike Valley
for two years, beginning on the date of registration
(February 5, 1998) and ending on January 1, 2000.
This will allow time for the
Department of Indian Affairs and Northern Development and
the Yukon Territorial Government to develop and implement
a joint policy to resolve the matter of applicants for
placer claims under the Yukon Placer Mining Act obtaining
a placer claim for the sole purpose of constructing a
residence.
This land was part of the
original 1898 Klondike gold rush, which has for the most
part, been mined out. Approximately 82 placer claim
holders are now suspected of holding placer claims for
other than the sole purpose of mining. Over the years
these claim holders have used the protection of the Yukon
Placer Mining Act to stake a claim for the sole purpose
of constructing their principal residence. These
individuals have no other tenure in the land.
Order in Council P.C.
1996-212 dated February 20, 1996, provided protection
against the staking of placer claims in the Klondike
Valley; the Order expired on January 1, 1998.
- Contact: Chris Cuddy,
Chief, Land & Water Management Division,
Department of Indian Affairs and Northern Development,
Les Terrasses de la Chaudière, 10 Wellington
Street, Ottawa, Ontario, K1A 0H4. Tel: 819-994-7483;
Fax: 819-953-2590.
|
Yukon Placer Mining Act,
section 98; Yukon Quartz Mining Act, section 14.1
INAC/R-l-I
To be published in Canada
Gazette February 18, 1998
|
Canadian Wheat Board
Regulations, amendment
(SOR/98-109,
OIC 1998-140)
The amendment establishes a
higher initial payment for the base grade of amber durum
wheat (an increase of $15 per metric tonne) for the
1997-98 crop year.
If producers deliver to the
pool account 3.9 million tonnes of amber durum wheat
during the 1997-98 crop year, then this initial payment
adjustment would represent about $59 million in
additional grain receipts for wheat producers.
The amendment comes into
effect February 10, 1998.
- Contact: Craig Fulton,
Commerce Officer, Grains and Oilseeds Division,
International Markets Bureau, Market and Industry
Services Branch, Agriculture and Agri-Food Canada, Sir
John Carling Building, 930 Carling Avenue, Ottawa,
Ontario, K1A 0C5. Tel: 613-759-7698; Fax:
613-759-7499.
|
Canadian Wheat Board Act,
sections 32 and 61
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|
Certain Taxpayers Remission
Order, 1997-5
(SI/98-31,
OIC 1998-126)
The Order remits income tax,
including any interest, payable by 33 taxpayers; in one
case, the remission is approved on the condition that the
taxpayer (John H. Blakely) not undertake any objection or
appeal.
The Order also remits income
tax payable relating to an RRSP contribution and, in
another case, of amounts payable pursuant to
statute-barred assessments of tax under subsection
207.1(5) of the Income Tax Act, on the condition a
written request be made to the Minister of National
Revenue before 2000.
|
Financial Administration
Act, subsection 23(2)
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|
Special
Appointment Regulations, No. 1998-1
(SOR/98-101,
OIC 1998-109)
The regulation 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 position:
- Louise Fréchette
as Special Advisor to the Minister of Foreign Affairs.
- 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)
Not included in Federal
Regulatory Plan
To be published in Canada
Gazette February 18, 1998
|
Pre-Published and Approved
With comments or
changes
|
Statutory Authority
&
Regulatory Plan Listing
|
Federal Court Rules, 1998
(SOR/98-106,
OIC 1998-125) [very large file]
The new rules, totally
rewritten introduce a full case management system for all
proceedings before the Federal Court. The new rules would
also harmonize the Federal Court's rules with those of
provincial superior courts.
Unlike the current rules,
the new rules transfer control over the time taken to
prepare a case for disposition from the litigants and
counsel to the courts through the introduction of fixed
time limits for closing pleadings (within 180 days of
commencement), completing examinations for discovery and
requisitioning a pre-trial settlement conference (within
360 days or commencement), conducting pre-trials (within
30 days of requisition), and fixing a trial date (no
later than 90 days after the conclusion of the pre-trial
conference).
The new rules introduce a
simplified procedure for actions for monetary relief of
not more than $50,000. Case management judges will
closely monitor the progress of cases and, if required,
fix timetables for completing steps in the proceedings.
The Court would introduce alternate dispute resolution
services for litigants.
Among the many features of
the Rules are:
- to promote settlement of
cases the Court will offer "alternate" dispute
resolution services (primarily mediation, early
neutral evaluation and mini-trials) to litigants.
- examinations for
discovery are to be completed and a pre-trial
conference requisitioned within 360 days of
commencement. If settlement cannot be reached at the
pre-trial conference, the judge will fix a date for
trial at the earliest practicable date after the
pre-trial conference.
- applications and appeals
in both Divisions of the Court must be perfected and a
requisition for a hearing date submitted within 180
days of commencement.
|
Federal Court Act,
subsection 46(1)
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|
- there will be a
"Simplified Procedure" governing actions for monetary
relief not exceeding $50,000.00. The jurisdiction of
the prothonotaries will be extended to permit them to
preside at the trial of such cases.
- dates fixed for hearings
are to be no later than 90 days after the requisition.
- the Court will monitor
the progress of cases and order a status review of any
proceeding which fails to meet its "major milestones".
Status reviews will be conducted by assigned case
management judges, who will fix timetables for the
completion of those steps required to bring the cases
to a final disposition.
- parties who believe that
the time limits fixed by the Rules are unsuitable
(either too short or too long) for their proceeding
may request that it be specially managed by a case
management judge, who will fix a timetable appropriate
to the individual proceeding.
- the Federal Court
Immigration Rules, 1993, made by the Chief Justice
pursuant to section 84 of the Immigration Act,
continue to govern proceedings referred to in that
Act.
The draft rules were
prepublished in the Canada Gazette, Part I, on Sept. 20,
1997.
|
|
Ministerial Orders
Approved
|
Statutory Authority
&
Regulatory Plan Listing
|
Air Services Charges
Regulations
(SOR/98-110)
The amendments increase the
international general terminal charges at Halifax
International Airport by approximately 12.5%, instead of
an earlier proposed increase of 29.01%; the changes also
increase domestic general terminal charges by 29.01%, as
originally proposed.
The increased charges
reflect the decision to transfer the responsibility for
on-site protective policing and security services at
Canada's international airports from the RCMP to local
airport operators.
The increases are expected
to generate increased revenues of $1-million, compared to
the estimated costs of providing protective security
services of some $1.20-million at Halifax International
Airport. The impact of the increased charges is estimated
at some $0.40 per enplaned/deplaned passenger, down from
the $0.46 originally proposed.
The amendment was
prepublished in the Canada Gazette Part I on November 1,
1997.
In other changes to the
Regulations, references to Earlton and Sarnia airports
have been removed from the regulations now that these
airports are under local control. A typographical error
in the English version of Section 9 of the Regulations
has been corrected.
The changes come into effect
March 1, 1998.
- Contact: Dan Cogliati,
Director, Cost Recovery, Department of Transport,
Place de Ville, Tower C, 22nd Floor, Ottawa, Ontario,
K1A 0N5. Tel: 613-993-5769; Fax: 613-991-4410.
|
Aeronautics Act ,
subsection 4.4(2); Ministerial Regulations Authorization
Order, section 2
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|
Exemption Order No. 1, 1997
(Sending Notices and Documents), amendment
(SOR/98-102)
This change, effective
January 30, 1998, replaces Part B (Provincial
Legislation) of the schedule to the 1997 Order with the
following:
"Securities Act, R.S.O.
1990, c. S-5 (Ontario); Securities Act, R.S.Q., c. V-1.1
(Quebec); Securities Act, R.S.N.S. 1989, c. 418 (Nova
Scotia); Security Frauds Prevention Act, R.S.N.B. 1973,
c. S-6 (New Brunswick); The Securities Act, R.S.M. 1988,
c. S50 (Manitoba); Securities Act, R.S.B.C. 1996, c. 418
(British Columbia); Securities Act:, R.S.P.E.I. 1988, c.
S-3 (Prince Edward Island); The Securities Act, S.S.
1988, c. S-42.2 (Saskatchewan); Securities Act, S.A.
1981, c. S-6.1 (Alberta); Securities Act, R.S.N. 1990, c.
S-13 (Newfoundland); Securities Act, R.S.Y. 1986, c. 158
(Yukon Territory); Securities Act, R.S.N.W.T. 1988, c.
S-5 (Northwest Territories)"
|
Customs Tariff, section 138
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|
Technical Amendments Order
(Customs Tariff) 1998-2
(SOR/98-103)
This Order introduces
several duty-free tariff provisions to continue certain
tariff reductions on manufacturing inputs that could not
be incorporated into Bill C-11.
The Order also corrects a
number of clerical, typographical and transposition
errors and omissions in the nomenclature and rate
structure of the new Tariff (e.g. to align the French and
English versions of the tariff). The Order restores
certain tariff provisions related to "rules of origin"
under international trade agreements.
- Contact: Deborah Hoeg,
International Trade Policy Division, Department of
Finance, Ottawa, Ontario, K1A 0G5. Tel: 613-996-7099.
|
Customs Tariff, section 138
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|
Canadian
Chicken Marketing Quota Regulations, 1990, amendment
(SOR/98-100)
These amendments set
periodic export quotas for the period April 12, 19978
through June 6, 1998 for producers who market chicken in
interprovincial or export trade.
The new federal and
provincial quotas, expressed as live weight in kilograms,
are as follows: Ontario, 55,510,000; Quebec, 46,948,899;
Nova Scotia, 6,156,902; New Brunswick, 4,564,415;
Manitoba, 6,656,370; P.E.I., 606,803; Saskatchewan,
3,629,317; Alberta, 15,268,444; and Newfoundland,
2,129,400. The new quota on production subject to
periodic export quotas is: Ontario, 3,645,500 kg; Quebec,
100,000; and Alberta, 633,600.
|
Farm
Products Agencies Act, paragraph 22(1)(f);
Canadian Chicken Marketing
Agency Proclamation, subsection 6(1) of the Schedule
Not included in Regulatory
Plan
To be published in Canada
Gazette February 18, 1998
|