March 13, 1999
Exempt from Pre-Publication |
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Canadian Wheat Board Regulations, amendment (SOR/99-104, OIC 1999-296)The amendment establishes a higher initial payment for the base grades of wheat (an increase of $15 per metric tonne), amber durum wheat (an increase of $12 per metric tonne) and barley (an increase of $10 per tonne) for the 1998-99 crop year. |
Canadian Wheat Board Act, subparagraph 32(1)(b)(i), subsection 47(2) and section 61 |
Ontario Fishery Regulations, 1989, amendment (SOR/99-105, OIC 1999-315)The amendments make a number of minor administrative amendments as well as introduce a number of restrictions designed to protect fishing resources: The substantive changes include:
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Customs Bonded Warehouses Regulations, amendment (SOR/99-106, OIC 1999-317)These amendments introduce definitions of "bonded warehouse" and "Minister", and make changes to legislative references. These have been necessitated by the passage of Bill C-11, which included a complete revision to the Customs Tariff. "1. Section 2 of the Customs Bonded Warehouses Regulations is amended by adding the following in alphabetical order: "bonded warehouse" means a place licensed as a bonded warehouse by the Minister under subsection 91(1) of the Customs Tariff; (entrepôt de stockage) "Minister" means the Minister of National Revenue; (ministre) 2. The Regulations are amended by replacing the expression "subsection 81(4)" with the expression "subsection 91(4)" in the following provisions: (a) paragraph 3(1)(b); and (b) the portion of section 4 before paragraph (a)." The changes result from the Tariff Simplification exercise and are needed in order to keep the legislative references current and accurate with the changes brought about by the passage of Bill C-11. This will prevent some confusion on the part of the importing community that might otherwise result if these amendments were not carried out. These Regulations are deemed to have come into force on January 1, 1998. |
Customs Tariff, paragraphs 99(f) and (j), section 100 and subsections 91(4) & 141(1) |
Radiocommunication Regulations, amendment (SOR/99-107, OIC 1999-320)These amendments to the Regulations waive the requirement for obtaining a radio licence, in the aeronautical or maritime service, in order to operate radio apparatus (a mobile station) on board an aircraft, a ship, or a vessel provided that the apparatus complies with certain exemption criteria. |
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The criteria were selected to exempt as many mobile radio stations as possible based upon sound spectrum management principles and at the same time to not have a negative impact on safety in the aeronautical and maritime services. The exemption criteria also recognize that the majority of the licensees that operate mobile stations in the aeronautical or maritime services are granted similar operating privileges as a term and condition of their licence. The Department is seeking a reciprocal operating agreement with the American Authorities that will allow exempt Canadian stations to operate in the United States without having to obtain a radio licence. The Americans have already eliminated their domestic licensing requirements. Revenue from licence fees will decrease by approximately $2.67 M with $600 K attributed to the aeronautical service and $2.07 M for the maritime service. This represents some 1% of the total licence fee revenue for the 1998-1999 fiscal year. Licences for radio apparatus on board aircraft and ships will continue to be issued to comply with certain international treaty obligations. For example, a licence will be required for radio apparatus on board an aircraft that is registered in Canada and that flies in the territory of another country. The current annual radio licence fee of $36 per station will apply. A licence will also be required for radio apparatus on board a ship or vessel that is registered in Canada and that travels in the territory of another country. Ships or vessels compulsorily fitted with radio apparatus in accordance with the International Convention for the Safety of Life at Sea, 1974 or the Department of Transport's Canada Shipping Act may continue to require a licence. In each case, the current annual radio licence fee of $36 per station will apply. In the aeronautical or maritime service, fixed stations - those located at an airport or at a port - will still need to be licensed and pay the current annual renewal fee of $41. Licensing of fixed stations in these services ensures compliance with international and domestic frequency coordination requirements. A radio licence will also be required for aircraft and ship stations that use frequencies in the land mobile service and the applicable fees will be charged. These Regulations come into force on April 1, 1999, to correspond to the time when most licences come up for renewal. |
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Radiocommunication Regulations, amendment (SOR/99-108, OIC 1999-321)These amendments to the Regulations ease the Canadian ownership requirements for licensing earth stations in the fixed and mobile satellite services. The existing Regulations require that radiocommunication carriers be Canadian owned and controlled. A new provision is being added to the Regulations so that Canadian ownership and control provisions do not apply to earth stations that provide telecommunications services by means of satellites. This provision that complements the provision in the Telecommunications Act. The new provision removes the requirement for Canadian ownership and control of licence holders for earth stations in the fixed satellite service (FSS) and mobile satellite service (MSS) that provide telecommunications services by means of satellites. The new section of the Regulations will allow a service provider that is not Canadian owned and controlled to be eligible to hold a radio licence as a radiocommunication carrier for earth stations in the fixed satellite service and the mobile satellite service. The FSS uses fixed earth stations and one or more space stations to route radio signals between fixed locations. The MSS provides for communications between mobile stations (i.e. radio apparatus on board aircraft, ships and other vehicles) and space stations The new provision excludes telecommunications services supplied for the transmission of services regulated under the Broadcasting Act where such services are intended for direct reception by the public, i.e. direct-to-home and direct-broadcasting satellite. |
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Public Agents Firearms Regulations, amendment (SOR/99-109, OIC 1999-322); Authorization to Export or Import Firearms Regulations (Businesses), amendment (SOR/99-110, OIC 1999-323); Gun Shows Regulations, amendment (SOR/99-111, OIC 1999-324)The Regulations defer the coming into force of the Gun Shows Regulations until December 1, 1999; the coming into force of the Authorization to Export or Import Firearms Regulations (Businesses) until January 1, 2001; and the coming into force of Sections 1 to 17 of the Public Agents Firearms Regulations until January 1, 2001. They also make consequential changes to references concerning the commencement date in sections 8(1), 9(1), 9(2) and 10(1) of the Public Agents Firearms Regulations. |
Firearms Act, paragraphs 117(l) and (m); sections 44 to 47, paragraphs 117(a), (b) and (i), subparagraph 117(k)(iii) and paragraph 117(w); paragraphs 117(g), (h) and (o) |
Motor Vehicle Safety Regulations (Lighting and Retroreflective Devices), amendment (SOR/99-112, OIC 1999-330)These amendments make several minor changes to section 108 "Lighting System and Retroreflective Devices" and section 108.1 "Alternative Requirements for Headlamps". The changes accommodate a recent revision to Technical Standards Document (TSD) No. 108 "Lamps, Reflective Devices and Associated Equipment"; they respond to a manufacturer's petition; and they correct inaccuracies in the existing section 108.1. This amendment to the Regulations corrects several references in section 108.1 to parts of TSD No. 108 that have changed as a result of a revision to TSD No. 108, notice of which will be given shortly in the Canada Gazette Part I, in accordance with section 17 of the Regulations The revision to TSD No. 108 will allow a new type of headlamp, termed a visually-optically aimable (VOA) headlamp, providing a low beam that can be accurately aimed in the vertical direction by visual means as an alternative to the typical mechanically aimable headlamp which section 108 continues to allow. Motorcycle headlamps designed to SAE standards, and ECE (European) headlamps for all vehicle types, have always been designed to be aimed in both directions visually or with optical equipment. This amendment to the Regulation exempts these two types of head-lamps from the optional requirement for either fixed horizontal aim or adjustable horizontal aim with an indicator, thus maintaining the requirement for horizontal adjustability without an indicator. There are two reasons for the exemption. First, the sharp outlines of the SAE motorcycle and ECE low beam patterns (compared to those specified for mechanically aimable head-lamps) when they are projected on a wall or vertical screen allow for accurate aiming by eye in both horizontal and vertical directions, thus removing the need for an indicator. Second, if manufacturers were allowed to delete the horizontal aim adjusters of motorcycle headlamps and ECE headlamps, some of them would become irreversibly misaimed as a result of bulb replacement, road shock or slight impacts, thus permanently increasing glare or reducing visibility distances. This amendment avoids the unintended application of horizontal aiming requirements to existing headlamps and auxiliary lamps. The horizontal aiming requirements are, however, necessary to ensure that the VOA headlamps allowed by the revision to TSD No. 108 perform safely. These requirements would have increased the cost of motorcycles and vehicles equipped with auxiliary lamps while providing no safety benefit. Existing paragraph (40)(b) allows fog lamps and other auxiliary front lamps that may be switched on with low beam headlamps to have fixed horizontal aim, because their broad symmetrical beam patterns are insensitive to horizontal aim. This amendment also exempts auxiliary lamps and motorcycle headlamps from a requirement that adjustment of the aim in the horizontal direction shall not alter the vertical aim setting, and vice versa. Koito Manufacturing Co., Ltd., a lamp manufacturer, requested the exemption in the case of motorcycle headlamps because the low beam pattern required by the SAE standard subreferenced in TSD No. 108 is easily aimed by eye, and there has been a trend towards broader beams. |
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For the same reason and because of their insensitivity to horizontal aim, the department has decided to delete the test in the case of auxiliary lamps as well. However, the test remains applicable to headlamps of vehicles other than motorcycles because aim adjuster linearity contributes to the accuracy of aiming beams whose light intensities have sharper and asymmetrical variations in the horizontal direction. With respect to Subsection 108.1(1)(d)(i), some references to TSD No. 108 had to be removed as they refer to aiming procedures and mechanisms that are not applicable to headlamps that conform to ECE Regulations. With respect to Paragraph 108.1(1)(g) and subsection 108.1(4), by removing from subsection 108.1(1)(d)(i) reference to sub-section S7.8.5 of TSD No. 108, two requirements not related to the aiming procedure would be removed from section 108.1. In order to keep these requirements, a new paragraph and subsection are added to section 108.1. Some references to TSD No. 108 had to be removed as they refer to aiming procedures and mechanisms that are not applicable to headlamps that conform to ECE Regulations. With respect to Subsection 108.1(5), this amendment also deletes from section 108.1 several out-of-date cross-references to a previous version of section 1082. These Regulations come into force 30 days after the day on which the notice is published in Canada Gazette, Part I, respecting amendments to Technical Standards Document No. 108, Lamps, Retroreflective Devices and Associated Equipment, regarding visual optical aiming of headlamps. The revision to the TSD is effective as of the date of publication of the notice in the Canada Gazette Part I, and is enforceable after 6 months of the date of publication of the Canada Gazette Part I. |
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Order Adding Toxic Substances to Schedule I to the Canadian Environmental Protection Act (SOR/99-113, OIC 1999-331)This amendment to Schedule I to the Canadian Environmental Protection Act adds the following substances after item 27: 28. Inorganic arsenic compounds; 29. Benzidine; 30. Bis(2-ethylhexyl)phthalate; 31. Inorganic cadmium compounds; 32. Chlorinated wastewater effluents; 33. Hexavalent chromium compounds; 34. Creosote-impregnated waste materials from creosote-contaminated sites; 35. 3,3'-Dichlorobenzidine; 36. 1,2-Dichloroethane; 37. Dichloromethane; 38. Effluents from pulp mills using bleaching; 39. Hexachlorobenzene; 40. Inorganic fluorides; 41. Refractory ceramic fibre; 42. Oxidic, sulphidic and soluble inorganic nickel compounds; 43. Polycyclic aromatic hydrocarbons; 44. Tetrachloroethylene; and 45. Trichloroethylene. |
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Ocean Dumping Permit Fee Regulations (Site Monitoring) (SOR/99-114, OIC 1999-333)The Regulations introduce a requirement upon publication for permittees who dispose of dredged or excavated material at sea to pay fees of $470 per thousand cubic meters authorized under the permit for ocean dump site monitoring. |
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The Department of the Environment had originally intended to use disposal at sea regulations under a revised Canadian Environmental Protection Act (CEPA) for this new fee. A delay in the promulgation of the new CEPA resulted in these Regulations. The fees shall be paid (a) in full prior to publication of the permit in the Canada Gazette; or (b) by payment of at least 50 per cent of the total fee, as calculated in accordance with section 2, prior to publication of the permit in the Canada Gazette and payment of the balance prior to the expiry of one half of the period for which the permit is valid.
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Family Support Orders and Agreements Garnishment Regulations, amendment (SOR/99-115, OIC 1999-336)This amendment reduces the amount of the fee to be charged for the processing of every garnishee summons served on the Minister of Justice under sections 58 to 60 of Part II of the Family Orders and Agreements Enforcement Assistance Act. The amount of the fee will change, for a total period of five years, from $405, payable in annual installments of $81, to $190, payable in annual installments of $38. Part II of the Act provides for the garnishment of designated federal moneys to satisfy support orders and provisions. |
Family Orders and Agreements Enforcement Assistance Act, paragraph 61(i) |
Coin-Operated Devices Remission Order (SI/99-21, OIC 1999-326)The Excise Tax Act was amended to provide that, after April 23, 1996, the GST payable is equal to zero on goods dispensed from, or services rendered through, the operation of a mechanical coin-operated device that is designed to accept only a single coin of 25¢ or less as the total consideration for the supply dispensed from the device. The Tax Court of Canada has held that the GST was not applicable to these types of supplies, where the supplies were made before April 24, 1996. This Order ensures consistency of tax treatment for operators of such mechanical coin-operated devices. 1. The definitions in this section apply in this Order. "Act" means the Excise Tax Act. (Loi) "eligible period" means the period beginning on January 1, 1991 and ending on April 23, 1996. (période admissible) "eligible supply" means a supply in respect of which the tax payable under Division II of Part IX of the Act would be equal to zero because of subsection 165.1(2) of the Act if that subsection was in effect at the time the supply were made. (fourniture admissible) "net tax" has the same meaning as in Division V of Part IX of the Act. (taxe nette) "person" has the meaning assigned by subsection 123(1) of the Act. (personne) |
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"registrant" means a person who, at any time during the eligible period, was a registrant within the meaning assigned by sub-section 123(1) of the Act. (inscrit) "reporting period" has the meaning assigned by subsection 123(1) of the Act. (période de déclaration) REMISSION OF GOODS AND SERVICES TAX 2. Subject to sections 3 to 5, a registrant who, at any time during the eligible period, made eligible supplies is hereby granted, with respect to a reporting period of the registrant beginning in the eligible period, remission of tax payable under Part IX of the Act in respect of eligible supplies made by the registrant, determined by the formula where A is the positive or negative amount of the registrant's net tax for the reporting period; and B is the positive or negative amount that would have been the registrant's net tax for the reporting period if that net tax did not include any amount collected or collectible by the registrant as or on account of tax under Division II of Part IX of the Act in respect of eligible supplies. 3. The amount of the remission under section 2 with respect to a reporting period of the registrant is reduced by the total of all amounts that were collected or collectible by the registrant as or on account of tax under Division II of Part IX of the Act in respect of eligible supplies and that are included in the net tax for the reporting period, or portion of that net tax, that remains unpaid at the time the registrant files an application for remission under section 5, if (a) that net tax is a positive amount; (b) an assessment of that net tax has not been made under section 296 of the Act before the time at which the registrant files the application; and (c) such assessment cannot, because of section 298 of the Act, be made at or after that time." |
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Narcotic Control Regulations, amendment (SOR/99-124, OIC 1999-419); Regulations Amending the Food and Drug Regulations (Repeal of ministerial authorization, 1179) (SOR/99-125, OIC 1999-420)These amendments to the Food and Drug Regulations and the Narcotic Control Regulations correct problems identified by the Standing Joint Committee for the Scrutiny of Regulations.
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Controlled Drugs and Substances Act, subsection 55(1); Food and Drugs Act, subsection 30(1) To be published in Canada Gazette March 12, 1999 (Special Edition) |
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Subsection 68(1) of the Narcotic Control Regulations and subsections G.06.001(1) and J.01.033(1) of the Food and Drug Regulations permit research scientists at Canadian universities to obtain and utilize narcotic, controlled and restricted drugs for use in their scientific research. Approximately 600 such authorizations are issued on an annual basis. Canadian companies have also obtained authorizations, under these Regulations, to obtain drugs for scientific purposes. Subsection 68(1) of the Narcotic Control Regulations gives authority to practitioners to administer, prescribe, give, sell or furnish methadone to patients in the treatment of opioid dependence and for analgesia purposes. There are approximately 1,000 physicians currently authorized to prescribe this substance in Canada. New authorizations are issued on a daily basis. These authorizations will now be granted under section 56 of the Controlled Drugs and Substances Act (CDSA). Section 56 of the CDSA states that the Minister of Health may, if he deems it necessary for medical or scientific purpose or, if it is in the public interest, exempt any person or any controlled substance from the application of all or any of the provisions of the CDSA. A comprehensive review and rewrite of the Narcotic Control Regulations and relevant parts of the Food and Drug Regulations as part of a consolidation of all controlled drugs and substances Regulations under the Controlled Drugs and Substances Act is tentatively planned for the 2000-2001 fiscal year. |
Pre-Published and Approved |
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Farm Improvement and Marketing Cooperatives Loans and Fees Regulations, 1997 (SOR/99-122; OIC 1999-401)The Regulations replace the The Farm Improvement and Marketing Cooperatives Loans and Fees Regulations, which are repealed, and make a number of improvements to the regime under the Farm Improvement and Marketing Cooperatives Loans Act (FIMCLA), a federal government loan loss indemnification program designed to increase the availability of loans for the purpose of the improvement and development of farms and the processing, distribution or marketing of farm products by cooperative associations. The substantive changes from the previous regulations would:
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Farm Improvement and Marketing Cooperatives Loans Act, sections 4, 6, 10, 12 and 15 |
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The registration fee payable by the borrower for loans guaranteed under the Act will increase from the current 0.5 percent of the loan amount to 0.85 percent of the loan amount. This increase is necessary in order to offset the borrowers' share of the increased level of defaults expected as a result of the increase in the program cap from $1.5 to $3 billion, and to cover program operating costs. The Regulations were prepublished in the Canada Gazette Part I on June 6, 1998. Amendments have been made to that version of the Regulations: technical wording related to security provisions to take into account Quebec civil law concepts and the inclusion of claim and reporting requirements previously omitted; eligibility of fees and charges loans was added, to improve the effectiveness of the program's administration and conform with normal lending practises; allowing the registration of fees by lenders when, due to exceptional circumstances, more time is required; and a change in the coming into force of the regulations was amended to 60 days after the publication of the regulations in the Canada Gazette Part II to ease implementation. |
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Toronto - Lester B. Pearson International Airport Zoning Regulations (SOR/99-123; OIC 1999-402)The zoning regulations limit the height of new buildings, structures and objects or additions to any existing buildings, structures or objects, including objects of natural growth, and will prohibit the disposal of any waste edible by or attractive to birds on lands within eight kilometres of the Toronto-Lester B. Pearson International airport reference point. The regulations would also prohibit such lands from being used or developed in a manner that causes interference with any signals or communications to from any aircraft or to and from any facilities used to provide services relating to aeronautics. Property owners within the limits of the outer surface, within a radius of 4,000 metres from the airport reference point, are restricted in any construction to an elevation of 45 metres above the airport reference point elevation and, within the runway approaches and transitional surfaces, to more restrictive limitations. The Regulations define the limits of the zones within which activities are restricted. In September 1994, the Minister of Transport announced the decision to construct a second north-south runway and the future possibility of additional east-west runways. The proposed regulations were prepublished again in September, 1997 in the Canada Gazette Part I. |
Ministerial Orders |
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Domestic Substances List, amendment (SOR/99-116); Domestic Substances List, amendment (SOR/99-117)The first amendment adds 9001-05-2, 9001-60-9, 9001-64-3, 9002-13-5, 9003-99-0, 9026-00-0, 9026-93-1, 9029-12-3, 9029-44-1, 9067-77-0, 9075-65-4, 91782-44-4 to Part I of the Domestic Substances List and deletes 91782-44-4 from Part I of the Non-Domestic Substances List, and adds Enzymes 1.1.1.1, 1.1.1.37, 1.1.1.49, 1.1.3.21, 1.1.3.4, 1.1.3.6, 1.14.13.1, 1.2.1.5, 1.3.3.5, 1.7.3.3, 1.8.1.4, 2.7.1.1, 2.7.1.30, 3.1.1.34, 3.2.1.20, 4.1.1.15 to Part III of the Domestic Substances List and deletes Enzymes 1.1.1.1, 1.1.1.37, 1.1.1.49, 1.1.3.4, 1.1.3.6, 1.7.3.3, 1.8.1.4, 2.7.1.1, 2.7.1.30, 3.1.1.34, 3.2.1.20 from Part III of the Non-domestic Substances List. The second amendment adds 4985-85-7 N, 50862-31-2 T, 56507-08-5 T, 63687-35-4 T, 64298-75-5 T, 65324-64-3 N, 65582-09-4 T, 68081-85-6 T, 68092-20-6 N, 68833-81-8 T, 68937-73-5 T, 72796-97-5 T, 74082-28-3 T, 75009-88-0 N, 86166-92-9 T, 109961-32-2 N, 118922-87-5 N, 125025-86-7 N, 126037-00-1 N, 137111-79-6 N, 139944-80-2 T, 149778-23-4 N, 162030-42-4 N, 189896-40-0 T, 202420-04-0 N to Part I of the Domestic Substances List and deletes 4985-85-7 N, 50862-31-2 T, 56507-08-5 T, 65324-64-3 N, 65582-09-4 T, 68081-85-6 T, 68092-20-6 N, 68833-81-8 T, 68937-73-5 T, 72796-97-5 T, 74082-28-3 T, 86166-92-9 T, 109961-32-2 N, 118922-87-5 N, 125025-86-7 N, 126037-00-1 N, 139944-80-2 T, 149778-23-4 N, 139944-80-2 T, 149778-23-4 N from Part I of the Non-Domestic Substances List and adds 14 substances to Part II of the Domestic Substances List.
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St. John's Harbour Dues Bylaw, amendment (SOR/99-118)This By-law approves of St. John's Port Corporation changing harbour dues for St. John's harbour from time to time until January 1, 2002 at a rate not to exceed 4 per cent per year. |
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Delegation of Powers (VLA) Regulations, amendment (SOR/99-119)This amendment adds Ronald A. Saunders and Sandra E. MacPhail to, and removes Kim Smallman from, the schedule to the Delegation of Powers (VLA) Regulations. The schedule contains the names of employees of the Department of Veterans Affairs who are authorized to sign documents of title on behalf of "The Director, The Veterans' Land Act". |
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Canada Deposit Insurance Corporation Differential Premiums By-law (SOR/99-120)The By-law establishes the system of classifying member financial institutions into 4 categories, sets out the quantitative factors and the qualitative factors and criteria on which the categorization is based, and establishes procedures for classification. Under the regulations, member institutions (other than subsidiaries of member institutions and new members as defined in the By-law) will file the Reporting Form and supporting documents set out in the By-law by April 30 in each year. Canada Deposit Insurance Corporation (CDIC) will classify each member and notify it of its premium classification before July 15 of each year. Special rules apply to the scoring of amalgamated member institutions and the classification of new member institutions and members that are subsidiaries of other members. The regulations also establish transitional rules for the scoring on quantitative factors for the years 1999 and 2000. The maximum annual premium established under subsection 21(4) is 1/3 of 1% of insured deposits. To provide for a transition to the new differential premiums system, the premium rate for category 4 will be the same as that for premium category 3 for the first two years of the implementation of the By-law. This means that member institutions classified in both premium categories 3 and 4 will be paying the same rate as under the previous system, which is 1/6th of 1 percent of insured deposits. The following outlines the premium structure in the Bylaw: Premium Category 1, 12.5% x .33%; Premium Category 2, 25% x .33%; Premium Category 3, 50% x .33%; and Premium Category 4, (a) 50% x .33% for the first two years of the By-law; and (b) 100% x .33% thereafter. The implementation of the differential premium system will result in a significant decrease in premiums for most member institutions. CDIC estimates that its premium revenue for the premium year commencing May 1, 1998 will decrease to between $125 million and $175 million as result of the change. In the premium year ending April 30, 1998, CDIC's premium revenue was $514 million. |
Canada Deposit Insurance Corporation Act, paragraph 11(2)(g) and section 21 |
Canada Deposit Insurance Corporation Deposit Insurance Policy By-Law, amendment (SOR/99-121)The amendments add a non-disclosure provision to the Policy of Deposit Insurance ("Policy") of each member institution of the Canada Deposit Insurance Corporation ("CDIC") for a three year period from March 31, 1999, to prevent members from disclosing premium rate information, including examiner's ratings, to third parties for that period. The non-disclosure provision is being added as a result of the implementation of the differential premiums system. Premium rate and related information will be given to each member under that system, necessitating the development of a mechanism to ensure that member institutions will hold such information in confidence. |
Canada Deposit Insurance Corporation Act, paragraph 11(2)(g) and section 21 |
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The amended By-law defines "prescribed information" to include a member's category, its premium rate, its total score, and its quantitative and qualitative scores under the CDIC Differential Premiums By-law. A member is also prohibited from disclosing any other qualitative information given to it by CDIC, its regulator or its examiner that, taken alone or together with other information, would enable the determination of prescribed information. An exemption to the non-disclosure condition is where the examiner gives a member institution its rating directly and does not prohibit the disclosure. A second exemption allows a member institution to disclose prescribed information internally and to its auditor and legal counsel, if that information remains confidential. The benefit of the non-disclosure provision is to allow a CDIC member to have access to the information underlying its differential premiums rating, including the examiner's rating component. As a result, a member can understand the basis of the classification and, if necessary, take appropriate action to improve it. Without a nondisclosure provision binding on both federal and provincial members of CDIC, examiners for those members were unwilling to release examination information to CDIC for use in the differential premium system. Such information is a key component of the system. The amendments to the Policy will remain in effect for three years from the date of the coming into force of the Differential Premiums By-law, March 31, 1999. |