Proposed
Regulations
for
Pre-Publication in Part I, Canada Gazette
|
Statutory
Authority
|
Food and
Drug Regulations, amendment (Schedule 1132)
Health
Canada has decided to withdraw an earlier proposal published
in the Canada Gazette, Part I, on August 15, 1998 to remove
flunisolide 0.025 percent nasal solution from Schedule F to
the Food and Drug Regulations. This would have allowed
flunisolide 0.025 percent nasal solution to be sold as a
nonprescription product.
Recent
clinical studies have demonstrated that nasally inhaled
corticosteroids adversely affect the rate of growth in
children. More studies are currently underway in Europe.
The Food
and Drug Administration in the United States has very
recently taken the position that corticosteroids as a class
are considered inappropriate for nonprescription status.
|
Food and Drugs
Act, subsection 30(1)
Published in
Canada Gazette March 27, 1999
|
Interest
Payable on Certain Deposits By-law
This
proposed By-law would establish a mechanism to calculate
interest on certain deposits in the event of a deposit
insurance payment by the Canada Deposit Insurance
Corporation (CDIC).
This
mechanism is required because of difficulties in calculating
the interest portion of an index-linked deposit as of any
interim date. In some products, the formula requires
retrospective averaging of monthly closing levels of the
referenced index during the term to maturity. As a result,
it is not possible to know the yield as of any interim
date.
Subsection 14(2.51) of the Canada Deposit Insurance
Corporation Act which was proclaimed in force on June 15,
1997, authorizes CDIC to make a by-law prescribing rules for
the calculation of interest on deposits where interest is to
be determined by reference to any variable index or
reference point. Until this section came into force, there
was no clear authority to permit CDIC to provide a method
for the calculation of interest on these deposits.
The
By-law calculates interest on index-linked products for
deposit insurance payment purposes based on the following
key points:
- CDIC will apply the
contract, where possible;
- Where CDIC cannot apply
the contract because a key element is missing, CDIC will
calculate interest under section 5 of the By-law. For
example: A depositor with a member institution has a
$10,000 index-linked deposit with a two-year term.
Interest is to be calculated and paid at the end of year
2 based on the increase in the Toronto TSE 35 index from
the date of issue to maturity. The member institution
fails at the end of year 1. CDIC would apply section 4
and paragraph 5(1)(a) of the By-law. The calculation of
interest under the contract would not be possible because
the failure occurred before the interest calculation
date. CDIC would apply section 4 and paragraph 5(1)(a) of
the By-law and calculate interest based on the change in
the Toronto TSE 35 index from the date of issue to the
interest termination date as defined in the By-law,
prorated over the term of the contract.
- CDIC will not give effect
to penalty clauses in the contract in calculating
interest on a deposit insurance payment.
- Contact: Jill Stewart,
Director of Insurance, Compliance, Canada Deposit
Insurance Corporation, 50 O'Connor Street, 17th Floor,
Ottawa, Ontario, K1P 5W5. Tel: 613-943-1981; Fax:
613-996-6095; e-mail: jstewart@cdic.ca.
|
Canada Deposit
Insurance Corporation Act, paragraph 11(2)(g) and subsection
14(2.51)
Published in
Canada Gazette March 27, 1999
|
Meat Inspection
Regulations, 1990, amendment
This
amendment proposes to allow the use of controlled atmosphere
stunning systems for all food animal, to render them
unconscious prior to processing.
Controlled atmosphere stunning systems utilizing a mixture
of gas (e.g. carbon dioxide, argon, oxygen and nitrogen)
have been developed and are currently used in the European
Union for poultry. These new stunning systems represent
several advantages over traditionally used electrical
stunning where different combinations of current, voltage
and frequency are required in order to achieve proper
stunning of poultry species. For example, the use of
controlled atmosphere stunning in poultry reduces the
incidence of broken bones, bruises and hemorrhages in
muscle, all of which are commonly associated with electrical
stunning.
|
Meat Inspection
Act, subsection 20
Published in
Canada Gazette March 27, 1999
|
|
Another
advantage of using controlled atmosphere stunning for
poultry is that it eliminates uncrating and shackling of
conscious birds and thus contributes to reduce stress to the
birds. The procedure is fast, painless, efficient and there
is no risk of recovery from unconsciousness. Controlled
atmosphere stunning of poultry is also reported to produce
more tender breast meat than when electrical stunning is
used.
This
amendment also addresses several issues primarily to
facilitate meat products marketing, including:
- the modification of the
definition of filler to allow for the continuous use of
modified starches as filler. This change follows a Health
Canada decision to modify the Food and Drug
Regulations.
- allowing the industry to
leave kidneys and sexual organs in carcasses derived from
young chicken weighing 2.7 kg or less live and young
ducks weighing 4 kg or less live provided that the label
clearly indicates that the carcasses "may contain
kidneys". Presently, kidneys may remain in carcasses of
chicken of less than eight weeks of age if the label
indicates the necessary declaration. These Regulations
were established to recognize the fact that with the
mechanization and speed of chicken evisceration
operations, all kidneys may not be removed from a
carcass. Operators engaged in the processing of duck have
requested the same treatment. These modifications are in
harmony with provisions of the Livestock and Poultry
Carcass Grading Regulations.
- the modification of the
standard for meat roll in view of harmonizing the minimum
meat protein requirements for this product with the
standard created for roast by the amendment to the Food
and Drug Regulations regarding the addition of phosphate
salts and water to whole muscle meat products. Roasts are
considered better quality products than rolls and as such
it is viewed as inconsistent to maintain a higher minimum
meat protein requirement for rolls. The minimum meat
protein requirement for rolls is changed from 15 percent
to 12 percent for cooked products and 10 percent for
uncooked products.
- Contact: Dr.
Frédérique Moulin, Acting Director, Meat
and Processed Animal Products Division, Canadian Food
Inspection Agency, 59 Camelot Drive, Nepean, Ontario, K1A
0Y9. Tel: 613-228-6696, extension 3820; Fax:
613-228-6636; e-mail: fmoulin@em.agr.ca.
|
|
Canadian
Transportation Agency Designated Provisions Regulations
This
proposed amendment would permit the Canadian Transportation
Agency to impose monetary penalties, not exceeding $5,000
for an individual and $25,000 for a corporation, for the
contravention of any designated provision under specified
Regulations.
The
proposed Regulations list provisions of the Canada
Transportation Act (CTA), the Air Transportation Regulations
and the Personnel Training for the Assistance of Persons
with Disabilities Regulations that will be designated
provisions.
The
proposed Regulations would apply equally to domestic and
international carriers. Where a foreign carrier, operating
pursuant to a bilateral agreement, violates a designated
provision, the conditions of the bilateral agreement will be
taken into consideration prior to imposing an AMP.
In cases
where a monetary penalty has been issued, the affected
individual or corporation can appeal the matter to the Civil
Aviation Tribunal.
|
Canada
Transportation Act, section 177
Published in
Canada Gazette March 27, 1999
|
|
The
schedule to the Regulations only indicates the maximum
possible penalty for each designated provision. The Agency,
however, has developed an enforcement policy which includes
a graduated scale of penalties. This policy will ensure
fairness and consistency in the application of the
Regulations. Although this policy and scale are not part of
the Regulations, they have been subject to informal
consultations. The scale establishes the penalties for
first, second, third and subsequent violations. In all but
the most serious cases, the first violation is subject to a
warning, reviewable by the Agency, rather than monetary
penalties. Subsequent and continued violations are subject
to a monetary penalty. Information on the enforcement policy
and the graduated scale of penalties may be obtained from
the contact person named below.
- Contact: Dennis C.
Rennick, Manager, Enforcement, Air and Accessible
Transportation Branch, Canadian Transportation Agency,
Ottawa, Ontario, K1A 0N9. Tel: 819-953-9786; Fax:
819-944-0289; e-mail:
Dennis.Rennick@CTA-OTC.x400.gc.ca
|
|
Benzodiazepines and Other Targeted Substances Regulations;
Order Amending Schedules III and IV to the Controlled Drugs
and Substances Act (1091); Food and Drug Regulations
(Schedule 1091 - Targeted Substance Symbol and Schedule F),
amendment
This
proposed Regulations would introduce regulatory controls for
a class of substances broadly defined as psychotropic
substances, including benzodiazepines, their salts and
derivatives.
Psychotropic substances are substances that have the
capacity to produce a state of dependence and central
nervous system stimulation or depression. These substances
may result in hallucinations or disturbances in motor
function, thinking, behaviour, perception or mood.
Benzodiazepines belong to this class of psychotropic
substances. Drug products containing benzodiazepines are
used in the treatment of anxiety and sleep disorders. Such
products are commonly referred to as tranquillizers. They
can produce psychological and physical dependency.
This is
the first in a series of regulatory proposals to establish
updated control measures for all controlled drugs and
substances in Canada. The next major initiative will involve
the development of a regulatory framework for precursor
chemicals. Consultation on this framework will occur in
1999.
The
proposed framework would:
- prohibit the advertisement
of targeted substances to the general public.
- require the addition of a
symbol to the label of drug products containing targeted
substances with a delayed implementation date of
September 1, 2000.
- require licensing of
persons who import or export targeted substances. In
addition to holding a licence, a permit for each shipment
would be required.
- require licensing of
persons who produce, make, assemble, sell, provide, send,
deliver, transport or destroy targeted substances. In the
case of flunitrazepam, persons must be licensed to
possess this substance.
- require a police check and
meet the other requirements including those set out in
the security guidelines in order to obtain a
licence.
- establish an annual
expiration of licences on December 31st of each
year.
- provide for licences to be
amended, suspended or revoked and for permits to be
suspended or revoked.
|
Controlled
Drugs and Substances Act, section 60 and subsection 55(1);
Food and Drugs Act, subsection 30(1)
Published in
Canada Gazette March 27, 1999
|
- require licensed dealers
of targeted substances to keep records and meet other
control requirements that are similar to those for
controlled drugs and are defined in guidance
documents.
- require pharmacists and
hospitals to maintain receipt and prescription records
for targeted substances that are similar to those for
Schedule F drugs and add a new requirement for
pharmacists and hospitals to maintain records respecting
the destruction of targeted substances.
- require practitioners to
maintain records on the receipt of targeted substances.
Disposition records will be required for larger
quantities.
- permit residents of Canada
upon returning to Canada and visitors to Canada to import
small quantities of targeted substances for their
personal use.
- establish registration
requirements for test kits containing small quantities of
targeted substances
Two
benzodiazepines, olanzapine and clozapine, have been
exempted from this regulatory framework. These two
substances are used in the treatment of schizophrenia.
Olanzapine and clozapine are not subject to the same abuse
potential as these other substances and are not listed on
the schedules to the 1971 Convention. Schedule F controls
will continue to apply to these substances.
Schedules
to the proposed regulations set out the targeted
substances.
These
Regulations would come into force on September 1, 1999,
except subparagraph 3(2)(b)(ii) and section 71 which would
come into force on September 1, 2000.
The
proposed changes to Schedules III and IV of the Controlled
Drugs and Substances Act are as follows:
"1. Item
251 of Schedule III to the Controlled Drugs and Substances
Act2 is replaced by the following:
25.
Flunitrazepam
(5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitroñ2H-1,4-benzodiazepin-2-one)
and any salts or derivative thereof
2. (1)
Item 18 of Schedule IV to the Act is amended by adding the
following after subitem (2):
(2.1)
Brotizolam
(2-bromo-4-(o-chlorophenyl)-9-methyl-6H-thieno[3,2-f]-s-triazolo[4,3-a][1,4]diazepine)
(2) Item
18 of Schedule IV to the Act is amended by adding the
following after subitem (22):
(22.1)
Midazolam
(8-chloro-6-(o-fluorophenyl)-1-methyl-4H-imidazo[1,5-a][1,4]benzodiazepine)
(3) Item
18 of Schedule IV to the Act is amended by adding the
following after subitem (29):
(29.1)
Quazepam
(7-chloro-5-(o-fluorophenyl)-1,3-dihydro-1-2,2,2-trifluoroethyl)-2H-1,4-benzodiazepine-2-thione)
(4)
Subitem 18(33)1 of Schedule IV to the Act is replaced by the
following:
(32.1)
Clozapine
(8-chloro-11-(4-methyl-1-piperazinyl)-5H-dibenzo[b,e][1,4]diazepine)
and its salts
(33)
Flunitrazepam
(5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one)
and its salts and derivatives."
- Contact: Karen Reynolds,
Policy Division, Bureau of Policy and Coordination,
Therapeutic Products Programme, 1600 Scott Street, 2nd
Floor, Address Locator 3102C5 Ottawa, Ontario, K1A 0L2.
Tel: 613-941-6225; Fax: 613-941-6458; e-mail:
karen_reynolds@hc-sc.gc.ca.
|
|
Regulations Exempting Certain Precursors and Controlled
Substances from the Application of the Controlled Drugs and
Substances Act (1091 - Schedule I), amendment
These
proposed amendments would repeal Item 6 of Schedule I to the
Regulations from the Application of the Controlled Drugs and
Substances Act, along with Items 8 to 172 of Schedule I to
the Regulations.
- Contact: Karen Reynolds,
Policy Division, Bureau of Policy and Coordination,
Therapeutic Products Programme, 1600 Scott Street, 2nd
Floor, Address Locator 3102C5 Ottawa, Ontario, K1A 0L2.
Tel: 613-941-6225; Fax: 613-941-6458; e-mail:
karen_reynolds@hc-sc.gc.ca.
|
Controlled
Drugs and Substances Act, subsection 55(1)
Published in
Canada Gazette March 27, 1999
|
Trademarks
Regulations (1996), amendment
These
proposed Regulations would enable electronic commerce by
clarifying the rules concerning electronic transmissions of
documents, including facsimiles.
More
specifically, the following refinements to the rules on
correspondence would be made:
- correspondence addressed
to the Registrar may be submitted electronically at such
time as the Office of the Registrar acquires the
technical ability to accept receipt;
- an application for the
registration of a trade-mark may be submitted to the
Registrar by facsimile;
- evidence in opposition and
other proceedings cannot be submitted to the Registrar by
electronic or facsimile transmission;
- electronic and facsimile
transmissions may be sent to the Office of the Registrar,
7 days a week, 24 hours a day;
- electronic and facsimile
transmissions will be considered received by the
Registrar on the date of delivery, if on that day the
Office of the Registrar is open for business and if the
transmission is received before midnight, local time of
the place where the Office of the Registrar is located;
otherwise, it will be considered received on the next
working day; and
- documents that are
physically delivered to the Office of the Registrar or
another designated establishment (Priority Post or a
regional office), outside business hours, will be
considered to be received on the next working day.
Separate
housekeeping amendments are also being proposed. Where the
Regulations refer to a "registration in a country of the
Union", they will be revised to refer to a "registration in
or for a country of the Union". This change ensures
consistent wording between the Trade-marks Act and the
Regulations.
Also,
limits to correcting clerical errors are clarified and made
subject to conditions specified in the Regulations.
- Contact: Doug Kuntze,
Director, Trade-marks Branch, Canadian Intellectual
Property Office, Place du Portage I, Commercial Level II,
50 Victoria Street, Hull, Quebec, K1A 0C9. Tel:
819-997-2423; Fax: 819-997-1421; e-mail:
kuntze.doug@ic.gc.ca.
|
Trade-marks
Act, subsections 5(1) and 11(1)
Published in
Canada Gazette April 3, 1999
|
Canadian
Aviation Regulations (Part VI)
These
proposed Regulations revise the list of noise-restricted
runways at Vancouver International Airport to acknowledge
the construction of a new east-west runway designated
08L-26R.
Provisions currently in effect, to mitigate aircraft noise
from operations using this new runway, will be unchanged by
the proposed amendment.
Canadian
Aviation Regulations 602.106 (CAR 602.106) (Noise-restricted
Runways) sets forth the conditions under which subsonic
turbo-jet aeroplanes with maximum certificated take-off
weight of more than 34 000 kg (74 956 lb.) may take off from
the noise-restricted runways identified in the table
referenced in these Regulations. At present, for Vancouver
International Airport, the referenced table lists the
noise-restricted runways for take-off as 08 and 12. Since
the new east-west runway (08L-26R) at Vancouver has been
completed, runway 08 has been redesignated 08R. The runways
available at Vancouver are now 08L-26R, 08R-26L and 12-30.
To retain the existing protection from noise for the
communities neighbouring Vancouver International Airport,
the restrictions in force under CAR 602.106 must be applied
to runways 08L and 08R.
Runway
26R is to be added to the noise-restricted runways at
Vancouver. Prior to the construction of the new east-west
runway, there were no take-offs conducted over the area now
affected by the newly built 26R. The inclusion of runway 26R
in the list of noise-restricted runways will extend the
protection of CAR 602.106 to those communities adjacent to
the take-off end of 26R which were previously at less risk
for noise disturbances from subsonic turbo-jet aeroplanes on
take-off.
- Contact: The Chief,
Regulatory Affairs, AARBH, Transport Canada Safety and
Security, Place de Ville, Tower C, Ottawa, Ontario, K1A
0N8. Tel: 613-993-7284; Fax: 613-990-1198.
|
Aeronautics
Act, section 4.9
Published in
Canada Gazette April 3, 1999
|
Exempt
from Pre-Publication
and
Approved
|
Statutory
Authority
|
Mutual
Company (Life Insurance) Conversion Regulations (SOR/99-128,
OIC 1999-422)
The
Regulations set out the terms and conditions under which
both large and small Canadian mutual life companies may
demutualize. They contain a number of measures to ensure the
protection of policyholder interests throughout the
demutualization process.
The
Mutual Company Conversion Regulations are repealed.
- Contact: Charlie O'Hara,
Chief, Policy Development, Financial Sector Policy
Branch, Department of Finance, L'Esplanade Laurier, 20th
Floor, East Tower, 140 O'Connor Street, Ottawa, Ontario,
K1A 0G5. Tel: 613-992-2402; Fax: 613-943-8436.
|
Insurance
Companies Act, sections 236.1 and 237 and paragraph
703(b)
To be
published in Canada Gazette March 31, 1999
|
Converted Company Ownership Regulations (SOR/99-129,
OIC 1999-423)
The
Regulations define the term "widely held" in respect of
demutualized life insurance companies and the threshold of
assets in respect of which the widely held requirement does
not apply.
|
Insurance
Companies Act, subsections 407(4) and (5) and paragraph
703(b)
To be
published in Canada Gazette March 31, 1999
|
|
The
Regulations specify that a large converted company is widely
held if no person has a significant interest in any class of
shares of the converted company or, where all the voting
shares of the converted company are held by a holding
company incorporated under the Insurance Companies Act, in
any class of shares of the holding company and in any class
of non-voting shares of the converted company.
The
Regulations provide that the widely held requirements do not
apply to life companies whose total assets in Canada were
less than $7.5 billion on December 31, 1991.
- Contact: Charlie O'Hara,
Chief, Policy Development, Financial Sector Policy
Branch, Department of Finance, L'Esplanade Laurier, 20th
Floor, East Tower, 140 O'Connor Street, Ottawa, Ontario,
K1A 0G5. Tel: 613-992-2402; Fax: 613-943-8436.
|
|
Technical Amendments Order (Customs Tariff) 1999-1
(SOR/99-134;
OIC 1999-444)
This
Order introduces a number of tariff reductions on imported
manufacturing inputs used in the production of other
goods.
The
estimate of revenue foregone to the Government as a result
of this Order is approximately $3,100,000 annually.
- Contact: Brian Roos,
International Trade Policy Division, Department of
Finance, Ottawa, Ontario, K1A 0G5. Tel:
613-996-5538.
|
Customs
Tariff, section 138
To be
published in Canada Gazette March 31, 1999
|
Public
Service Official Languages Exclusion Approval Order,
amendment; Public Service Official Languages Appointment
Regulations, amendment (SOR/99-135,
OIC 1999-449)
The
amendments eliminate the requirement for candidates to
Career Assignment Program (CAP) positions being staffed on a
non-imperative basis to demonstrate their potential for
attaining through language training the knowledge and use of
the other official language at the level of proficiency
required. These amendments will also facilitate their access
to language training.
Amendments to paragraph 5(1)(c) of the Order and paragraph
10(1)(c) of the Regulations ensure that they are consistent
with subsection 5(2) of the Public Service Employment
Regulations (PSER) regarding acting appointments to
positions in the executive group (EX) and their exclusion
from the operation of section 10 of the Public Service
Employment Act (PSEA) for a period of six months. The
present amendments ensure that the same exemption period
also applies to language requirements, as to any other type
of qualifications. They make it simpler to administer short
term acting appointments to EX positions. It should be noted
that this exemption can be applied only once and only where
the position to which the acting appointment is made is
vacant, i.e. is not encumbered.
Other
non-substantive amendments being made to the Order and the
Regulations include:
- The concept of
deployment, which was introduced in the Public Service
Employment Act (PSEA) in 1993, is added to paragraph
2(2)(c) of the Order and section 5 of its regulations in
order that a person who is not successful on language
training accepts to be appointed or deployed to another
position.
- Paragraph 5(1)(a) of the
Order is amended to make it refer to the current
subsection 33(3) of the PSEA instead of former
sub-section 32(3) which ceased to exist when the PSEA was
revised in 1988.
|
Public Service
Employment Act, subsection 37(1)
To be
published in Canada Gazette March 31, 1999
|
- Paragraph 4(1)(d) of the
Order and paragraph 8(b) of the regulations concerning
the transfer of control or supervision from one
department to another pursuant to the Public Service
Rearrangement and Transfer of Duties Act are eliminated
as this matter was incorporated in the PSEA on March 20,
1995.
- A minor error found in
subsection 4(3) of the Order is corrected by replacing
the reference to paragraph (2)(a), which ceased to exist
in 1996, by a reference to subsection (2).
- Contact: Régis
Gaudreault, Policy Advisor, Resourcing Policy and
Legislation Directorate, Policy Research and
Communications Branch, Public Service Commission of
Canada. Tel: 613-992-9706.
|
|
Federal
Child Support Guidelines, amendment (SOR/99-136,
OIC 1999-451)
The
Guidelines are being amended to include a child support
table for Nunavut which will apply when a paying parent
lives in Nunavut.
To
accomplish this, Nunavut is added as paragraph (m) in note 4
of the notes set out in Schedule I and the child support
table for Nunavut is inserted in Schedule I, following the
child support table for the Northwest Territories.
- Contact: Lise
Lafrenière Henrie, Senior Counsel, Coordinator,
Legal Policy Child Support Team, 284 Wellington Street,
Ottawa, Ontario, K1A 0H8. Tel: 613-957-0059; Fax:
613-952-9600.
|
Divorce Act,
section 26.1
To be
published in Canada Gazette March 31, 1999
|
Insurable Earnings and Collection of Premiums Regulations,
amendment (SOR/99-137,
OIC 1999-452)
The
amendments revise the Employment Insurance premium rate for
1999 and make several other changes.
More
specifically:
- amendments to paragraphs
3(3)(a) and (b) reflect the revised premium rate for 1999
of $2.55 per $100 of insurable earnings.
- subsections 8(2) and 9(2)
are both amended to remove a reference to the word
"deduct". These subsections essentially deal with the
taxi and hairdressing industries. Although an
employer/employee relationship exists for these
industries, the employer does not pay employees in the
traditional sense. Since there is no payment made by the
employer, the word "deduct" is not necessary.
- subsection 18.1(2) is
amended to ensure that associated employers are treated
in the same manner under the new "Youth Hires" program as
under the "New Hires" program.
- Contact: Richard Montroy,
Legislative Policy Division, Revenue Canada, 123 Slater
Street, Ottawa, Ontario, K1A 0L5. Tel: 613-957-2083.
|
Employment
Insurance Act, section 108
To be
published in Canada Gazette March 31, 1999
|
Regulations Amending Certain Regulations under the Canada
Marine Act (Miscellaneous Program) (SOR/99-140,
OIC 1999-470)
The
amendments make housekeeping and changes in terminology in
the existing Seaway Regulations and the Shore Traffic
Regulations resulting from the enactment of the Canada
Marine Act.
More
specifically:
|
Canada Marine
Act, subsection 98(1) and section 142
To be
published in Canada Gazette March 31, 1999
|
- In order to rectify an
editorial error in subsection 64(3) of the Seaway
Regulations, as amended by SOR/98-487 of October 1, 1998,
the title "Montreal Vessel Traffic Management Centre" has
been corrected.
- As a result of the
dissolution of The St. Lawrence Seaway Authority and the
transfer on October 1, 1998 of the responsibility for
operating the Seaway to The St. Lawrence Seaway
Management Corporation, a private sector corporation
established pursuant to a long-term agreement with the
Government of Canada, amendments have been made to
substitute "The St. Lawrence Seaway Management
Corporation" for "The St. Lawrence Seaway Authority".
Further, the term "Manager" replaces "Authority" where it
appears in the provisions of both Regulations.
- The Canada Marine Act
provides that "fees" includes harbour dues, berthage and
wharfage, as well as duties, tolls, rates and other
charges. Modifications replacing "toll" and "tolls and
charges" as the circumstances require, have been made to
the relevant provisions of both Regulations to bring the
terms in line with the terminology used in that Act.
- References to tolls made
by the Authority have also been updated to refer to fees
fixed under section 92 of the Act.
- Section 7 and subsection
10(2) of the Shore Traffic Regulations have been repealed
since the provisions are no longer required.
- Subsection 1(1) of the
schedule to the English version of The Seaway
International Bridge Corporation, Ltd. Regulations has
been replaced to correct an editorial error in SOR/98-569
dated November 19, 1998 to read "The Seaway International
Bridge Corporation, Ltd." instead of "The St. Lawrence
International Bridge Corporation, Ltd.".
- Contact: David A. Hinks,
Chief, Seaway and Domestic Policy, Marine Policy and
Programs, Transport Canada, 25th Floor, Tower "C", Place
de Ville, Ottawa, Ontario, K1A 0N5. Tel:
613-998-0704.
|
|
Alberta
Chicken Order (SOR/99-145,
OIC 1999-524)
This
Order replaces the existing Alberta Broiler Order and makes
a number of changes in Sections 1 and 2 to reflect a change
of name at the Provincial level to the Alberta Chicken
Producers and other provincial legislative and regulatory
changes.
The
definition of "Broiler" has been replaced by a definition of
"Chicken" and the definition of "Commodity Board" has been
replaced by a new definition reflecting the new name of the
commodity board. The definition of "Provincial Regulations"
has been changed to a definition of "Plan." These changes
reflect changes arising from the repeal and replacement in
1987 of the previous Marketing of Agricultural Products Act
by a new statute of the same name and the replacement, in
1993, of the original Plan by a new Plan which continued the
commodity board under the name the Alberta Chicken
Producers. The changes also reflect various changes made by
the new Act, the new Plan, and new regulations thereunder
pursuant to which the commodity board exercises its
regulatory powers within the Province of Alberta.
Section
3 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 an amendment to the
Agricultural Products Marketing Act that added a separate
section to the Act specifically referring to the imposition
of levies and charges.
- Contact: Carola McWade,
Director, Operations and Regulatory Affairs, National
Farm Products Council. Tel: 613-995-9697.
|
Agricultural
Products Marketing Act, section 2
To be
published in Canada Gazette April 14, 1999
|
Order
Respecting the Remission of Anti-Dumping Duties on
Automotive Galvannealed Coil Steel (SOR/99-148,
OIC 1999-528)
The
Order remits $40,257.16 in anti-dumping duties assessed to
Krupp Fabco Co.'s June 5, 1998 importation of automotive
galvannealed coil steel, having the specification of MS6000
DDQ AK IF .065 MIN x 54.100.
Due to
an interruption in domestic availability, 22,446 kg of the
automotive galvannealed coil steel valued at $25,972.36 was
imported from the United States by Krupp Fabco Co. on June
5, 1998. The importation is subject to an anti-dumping duty
rate of 155%. Problems respecting the domestic product
occurred when Krupp Fabco Co. began sourcing this product
from a new Canadian steel manufacturer who subsequently
experienced start-up problems. As their previous supplier
had already terminated production of the product and as
there was no other domestic source, Krupp Fabco Co. was
obliged to look outside of Canada for a temporary source of
supply.
Krupp
Fabco Co.'s plant in Windsor Ontario employs over 650
people. The product in question is manufactured to meet
Daimler Chrysler's certification requirements, and is used
by Krupp Fabco Co. to produce auto-body parts for Daimler
Chrysler.
- Contact: Lawrence
Euteneier, International Trade Policy Division,
Department of Finance, Ottawa, Ontario, K1A 0G5. Tel:
613-992-0826.
|
Customs
Tariff, section 115
To be
published in Canada Gazette April 14, 1999
|
National
Parks Water and Sewer Regulations, amendment (SOR/99-149,
OIC 1999-530)
The
amendments increase the water meter rates for Lake Louise in
Banff National Park in order to achieve appropriate cost
recovery in that community.
The
amendments also delete a special fee provision (subsection
16(3)) that is not needed for the community of Waskesui in
Prince Albert National Park.
Finally,
the amendments changes the manner for calculating water and
sewer fees for the community of Wasagaming in Riding
Mountain National Park. The change removes inequities
without generating any additional revenues overall.
In the
case of Lake Louise, installation of water meters caused
water consumption to drop significantly. As a result, the
rates per cubic metre are insufficient to recover all costs
of operating the system.
In order
to reduce a revenue shortfall, the combined water and sewer
charge is being increased from $0.82 to $1.06 and the
sewer-only charge from $0.60 to $0.70.
- Contact: Jocelyne
Cossette, Project Manager, Regulatory Development,
National Parks, Parks Canada, 4th Floor, 25 Eddy Street,
Hull, Quebec, K1A 0M5. Tel: 819-994-2698; Fax: 819
-994-5140.
|
National Parks
Act, subsection 7(1)
To be
published in Canada Gazette April 14, 1999
|
Regulations on the Career Assignment Program (SOR/99-150,
OIC 1999-531)
The
Regulation, which comes into effect March 25, 1999,
authorizes Deputy Heads of departments, or persons they
authorize, to appoint employees to a Career Assignment
Program Group position at the level at which the employee is
qualified, as long as the employee is already a participant
in CAP on the effective date of this Order. The Order
excludes the appointments from certain provisions of the
Public Service Employment Act concerning merit; participants
will be subject to an assessment to determine whether they
are qualified and the level of their appointment.
|
Public Service
Employments Act, subsection 37(1)
To be
published in Canada Gazette April 14, 1999
|
Canada
Occupational Safety and Health Regulations, amendment
(SOR/99-151,
OIC 1999-532)
The
amendment substitutes a new NIOSH list of certified
equipment, dated February 13, 1998, based on new
performance-based testing methods to certify respirators
based on their ability to filter out toxic substances. The
new testing method reflects technical advances in
respiratory protection technology which have resulted in a
more effective evaluation of respirators.
The
changes replace 60-year-old procedures with contemporary
technology for air purifying respirators. The effect is that
many of the particulate arresting respirators listed in the
publication currently cited in subsection 12.7(1) of the
Regulations will not be available in the marketplace.
The new
list gives most users a wider choice of equipment. In some
cases, the user can now select respirators which are more
suited to the application rather than those which may be
more technically sophisticated than required.
The
Regulation comes into effect on March 25, 1999.
- Contact: Rick Seaman,
Program Consultant, Human Resources Development Canada,
Labour Branch, 165 Hotel-de-Ville, Phase II, 10th floor,
Ottawa, Ontario, K1A 0J2. Tel: 819-953-0229; Fax:
819-953-4830; e-mail: rick.seaman@hrdc-drhc.gc.ca
|
Canada Labour
Code, sections 125, 126, and 127
To be
published in Canada Gazette April 14, 1999
|
Pre-Published and Approved
No
comments or changes
|
Statutory
Authority
|
Atlantic
Pilotage Authority Regulations, amendment (SOR/98-153,
OIC 1999-535)
The
amendments, prepublished in the Canada Gazette, Part I on
Nov. 28, 1998, relaxes 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 maneuverable, 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.
- 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)
To be
published in Canada Gazette April 14, 1999
|
Atlantic
Pilotage Tariff Regulations, amendment (SOR/98-154,
OIC 1999-536)
The
amendments increases pilotage charges for noncompulsory
areas by 5.5%. The increase reflects the rate of inflation
since 1995.
A
previous proposed increase of 2.5% was inadvertently omitted
from approved tariff charges. Due to this oversight, the
last increase affecting these non-compulsory pilotage areas
was January 21, 1995.
- 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,
section 33
To be
published in Canada Gazette April 14, 1999
|
Great
Lakes Pilotage Tariff Regulations, amendment (SOR/99-156,
OIC 1999-538)
The
amendment introduces a one-year tariff reduction of 5
percent for pilotage services in the area of the Welland
Canal and in the Cornwall District; tariff charges will
revert to their current level in the following year.
The
Great Lakes Pilotage Authority is implementing this
reduction in the tariff to obtain the revenues needed to
operate in a break-even position on a day-to-day basis
Despite
a freeze in tariff charges during the past four years, the
Authority has been able to build up a small surplus fund due
to its cost-cutting program with respect to operations. It
decided to use this surplus for a year to cut tariffs
modestly for a year.
Users
will benefit from this one-year tariff reduction and will
save an estimated $350,000 in pilotage costs during this
period. This represents a cost savings of $350 per ship for
a complete transit of the system from St. Lambert Lock to
Thunder Bay.
The
Regulations come into effect on March 25, 1999.
- Contact: R. G. Armstrong,
Chairman, Great Lakes Pilotage Authority, P.O. Box 95,
Cornwall, Ontario, K6H 5R9. Tel: 613-933-2991; Fax:
613-933-3793.
|
Pilotage
Act , subsection 34(1)
To be
published in Canada Gazette April 14, 1999
|
Canadian
Aviation Regulations (Part VII Commercial Air Services),
amendment (SOR/98-158,
OIC 1999-540)
The
amendments change Subpart 0 (General), Subpart 2 (Aerial
Work), Subpart 3 (Air Taxi Operations) and Subpart 5
(Airline Operations).
As
examples, the amendments:
- eliminate unintended
inconsistencies between regulations or between
regulations and standards, repair an inadvertent omission
from previous versions of the CARs and, in CARs 700.17,
allow for the extension of flight times for flight crew
members in unforeseen operational circumstances;
- amend CARs 702.01
(Application), to clarify the status of glider towing
operations;
- amend CARs 702.16
(Carriage of Persons), to explicitly permit the carriage
of parachutists where the air operator certificate
authorizes parachuting operations;
- amend CARs 702.18 (Night,
VFR OTT and IFR Operations), to remove a restriction from
the conditions applicable to the conduct of night
parachute operations;
- amend CARs 702.65 (Flight
Crew Member Qualifications), to clarify the pilot check
requirements for a chief pilot in an aerial work
operation;
- revise Subpart 3 (Air
Taxi Operations), CARs 703.88 (Flight Crew Member
Qualifications), to remove or replace confusing
terminology and clarify the intent of the
regulation;
- amend CAR 705.22
(Operational Flight Plan), to require the operational
flight plan to be retained for a minimum of 90 days and
clarify the process for recording the formal approval of
the operational flight plan by the pilot-in-command;
- amend CAR705.27
(Admission to Flight Deck), to prevent use of a jump seat
on the flight deck by a revenue-paying passenger;
- amend CAR705.39 (Weight
and Balance Control), to require weight and balance forms
for a minimum of 90 days;
|
Aeronautics
Act, section 4.9
To be
published in Canada Gazette April 14, 1999
|
- amend CAR 705.42
(Carry-on Baggage), to require equipment for baggage
stowage to comply with the airworthiness standards
appropriate for the aircraft upon which it is installed
without imposing an overriding requirement for existing
equipment on older aircraft to be modified or replaced to
meet later design standards. and
- amend subsection
705.42(8) to prohibit the storage of carry-on baggage
which may cause injury to passengers in the event of
turbulence or an emergency from being stowed in an
overhead rack unless the rack is equipped with
restraining devises or doors that have been approved by
the Minister in accordance with Chapter 551 of the
Airworthiness Manual.
The
Regulations come into force on June 1, 1999.
- Contact: The Chief,
Regulatory Affairs, AARBH, Transport Canada Safety and
Security, Place de Ville, Tower C, Ottawa, Ontario, K1A
0N8. Tel: 613-990-1198.
|
|
Reporting of Ships' Stores Regulations, amendment (SOR/99-159,
OIC 1999-541)
The
amendments reduce the reasonable quantity of tobacco and
tobacco sticks to 200 grams and 200 sticks, respectively.
The amendment follows similar reductions in personal
exemptions provided to travellers to Canada.
In early
October, 1996, the Honourable Paul Martin, Minister of
Finance, reduced the quantity of such tobacco products that
could be entered duty-free by non-resident travellers.
Ministerial regulations affecting similar entitlements of
resident travellers have also been changed.
- Contact: P. Wallace,
Chief, Warehouse Licensing, Licensing and Revenue
Accounting Division, Customs Border Services Branch,
Revenue Canada, Connaught Building, 5th Floor, Ottawa,
Ontario, K1A 0L5. Tel: 613-954-7193.
|
Customs Act,
paragraph 99(g)
To be
published in Canada Gazette April 14, 1999
|
Pre-Published and Approved
With
comments or changes
|
Statutory
Authority
|
Canada Small
Business Financing Regulations (SOR/99-141,
OIC 1999-473)
The
regulations consolidates much of the existing Small Business
Loans (SBL) program (created in 1961 and scheduled to end on
March 31, 1999) under the new Canada Small Business
Financing Act.
These
new regulations respond to a number of issues raised during
the comprehensive review of the SBL Program, and to
recommendations of the Public Accounts Committee resulting
from a 1997 audit of the existing SBL program.
For
example, the regulations provide a clear definition of
"related borrowers", who collectively, will be limited to a
loan of $250,000 under the CSBF Act, together with a
requirement that lenders must apply the same degree of due
diligence in their approval and administration of CSBF Act
loans as they do in their conventional lending.
No
change is being made to the 2 percent up-front loan
registration fee, while the existing 1.25 percent
administration fee is to be remitted more frequently than
the annual remittance under the existing regulations.
|
Canada Small
Business Financing Act, section 14
To be
published in Canada Gazette March 31, 1999
|
|
Lenders
are required to provide greater information on the loan
registration form, and security requirements have been
clarified.
Lenders
continue to have 36 months to file claims; however, they
will only receive interest at the full loan rate for the
first year, followed by interest at one-half the loan rate
for the second year and no interest during the third year,
in an effort to encourage lenders to deal more promptly with
realization and finalization of their claims.
In
addition, the regulations introduce interim claim payments
for lenders if a guarantee has been provided and if the
lender has realized on all security except for the
guarantee.
Ministerial authority for correcting inadvertent errors by
lenders are also increased.
Lenders
will be permitted greater flexibility in taking, releasing
and substituting various types of security.
As
before, a loan is limited to 90 percent of the eligible cost
including the cost of any non-reimbursable tax and duties,
and the Crown share of loan losses claimed remains at 85
percent of eligible net loss.
A
borrower continues to be eligible under the CSBF program if
proposed revenues are not expected to exceed $5 million
during the year the loan application is approved, if its
business will be carried on for profit in Canada, and if it
does not include the business of farming or a business
having as its principal object the furtherance of a
charitable or religious purpose.
The
formula establishing the Minister's contingent liability for
a specific lender also remains unchanged.
The
proposed regulations were prepublished in the Canada
Gazette, Part I on February 21, 1999, with an abridged
15-day response period.
A number
of changes have been made as a result of comments and
consultations, including:
- based on concerns
expressed about lenders' ability to provide quarterly
administration fee payments for April 1, 2000, given the
overriding priority to update information systems for
Year 2000 compliance, subsections 4(1) to (7) of the
Regulations have been amended to phase-in these reporting
requirements and fee payment schedules from 1999 to 2001.
Subsequent years will require that lenders pay the
administration fee quarterly and provide the basis for
their calculations. Subsections (8) and (9) have been
added giving the Minister authority to allow lenders, who
experience difficulties in complying, to submit fee
payments for all quarters except the final quarter based
on estimates. This provides more assurance to lenders,
particularly when administrative impediments (such as
systems failures) impede their ability to submit these
reports, that all their loans will not, as a result, lose
the CSBFA guarantee.
- The Regulations have been
amended to meet lenders' concerns about their ability to
take security where the CSBFA loan is part of a series of
secure loans. The lenders are now comfortable with these
provisions, which also improve the security of CSBFA
loans.
- Section 28 has been
amended to remove a 90-day limit on the late submission
of detailed reports on loans outstanding (as per sections
34 and 35). This section has been amended so that claims
payments by the Minister will be withheld until such time
as required reports have been received by the
Minister.
|
|
- With regard to the
release of primary security, paragraph 16(2)(b) has been
added to allow the lender to require an appraisal of
security assets being released under the same criteria
outlined in subsections 9(1) and (2). This was requested
by the CBA to allow lenders to seek assurance that the
amount being applied to the loan is equal to the value of
the assets being released in the event of a sale of the
assets, ensuring that the release of secured assets for
repayment towards the loan does not result in payment of
an amount less than the real value of the assets being
released.
- There was also a need for
clarification of the 25 per cent cap on personal
guarantees and what can be realized on by the lender in
the case of default. Subsection 19(1) has been redrafted
to clarify a lender's right to realization on personal
guarantees and other sections have been changed, in
consequence. These changes clarify lenders'
responsibilities in taking security and realizing on
guarantees.
- Sections 23 to 27, which
deal with noncompliance in the case of claims on
defaulted loans, have been amended to allow claims to be
paid on that portion of the loan to which non-compliance
does not relate in cases where the inadvertent
non-compliance did not contribute to the claim for loss.
This will reduce the number of rejected claims. The cost
to the borrower of such errors must be reimbursed.
- Paragraph 30(1)(b) has
been revised to make it clear that the loan can be
renegotiated when being transferred at the request of the
borrower, but that the new loan must respect the maximum
loan term of ten years from the date of the original loan
and other requirements, such as due diligence and the
maximum interest rate. This measure should clarify the
Regulations in such a way as to reduce the incidence of
inadvertent non-compliance with them.
- Contacts: Serge Croteau,
Director General, Programs and Services Branch,
Operations Sector, Industry Canada, Ottawa, Ontario, K1A
0H5. Tel: 613-954-5533; Fax: 613-952-2635; e-mail:
croteau.serge@ic.gc.ca. Peter Webber, Team Leader,
Entrepreneurship and Small Business Office, Industry and
Science Policy Sector, Industry Canada, Ottawa, Ontario,
K1A 0H5. Tel: 613-941-2684; Fax: 613-954-5492; e-mail:
webber.peter@ic.gc.ca.
|
|
Immigration
Regulations, 1978, amendment (SOR/99-146,
OIC 1999-525)
The
amendments establish a redesigned Immigrant Investment
Program to replace the current Program on April 1, 1999. All
provinces and territories will be eligible to participate in
the redesigned Program.
The
amendments would result in a simpler Program:
- investment is increased
to $400,000 for all investors, regardless of province of
investment (no Tier system); the investment is not
refundable after issuance of a visa.
- investor minimum net
worth is increased to $800,000; previously it was
$500,000 for Tier I and II and $700,000 for Tier
III.
- single federal window is
created to accept investors' money;
- investments will be
subsequently allocated to approved provincial funds;
- detailed federal rules
regarding uses of investors' money are eliminated;
- federal selection process
is applied exclusively to those who invest in the federal
program;
|
Immigration
Act, subsection 114(1)
To be
published in Canada Gazette April 14, 1999
|
- Quebec's selection
process applied exclusively to those who invest in the
Quebec program. Investors in the Quebec program must be
destined for and selected by Quebec.
- the allocation period
will now reference the date the federal government
receives the investment instead of the date of
landing
- approved funds will be
required to report quarterly and to forward their annual
audited statements to the Minister.
- the previous requirement
that a province enter into an agreement, that in the
event of default of their fund to repay investors, the
province will pay, has been changed to allow the province
to provide documentation that it had assumed the
liability in ways other than by agreement. This change
was initiated to give the provinces additional
flexibility in structuring arrangements with their funds
while still offering investors a high level of
security.
The
previous Regulations are repealed but continue to apply to
previously approved businesses and funds.
- Contact: Don Myatt,
Director, Business Immigration Division, Citizenship and
Immigration Canada, Jean Edmonds Tower North, 7th Floor,
300 Slater Street, Ottawa, Ontario, K1A 1L1. Tel:
613-957-0001; Fax: 613-941-9014.
|
|
Migratory Birds Regulations, amendment (SOR/99-147,
OIC 1999-526)
The
amendment creates a special season when hunters may take
overabundant species of greater and mid-continent lesser
snow geese for conservation reasons.
This
will help protect and restore the biological diversity of
arctic wetland ecosystems and the ecosystems of important
migration and wintering areas by reducing the population
size of overabundant snow goose populations.
This
will be accomplished by extending the time periods during
which hunting may take place (e.g. spring and/or early fall,
outside the dates of the regular hunting season). In 1999,
this will occur in selected local areas of the provinces of
Quebec and Manitoba.
Hunters
would also be allowed to use special hunting methods and
equipment, including electronic calls, hunt in lure crops
and use artificial or natural bait, each in specified local
areas as determined in consultation with the provincial
government and local communities.
Finally,
this amendment allows for an increase in the harvest of Ross
geese. Ross geese and snow geese frequent the same areas and
cannot be easily distinguished when hunting. The Ross goose
population can withstand increased harvest pressure because
the population size is increasing rapidly and is at a record
high level.
Minor
changes were made since the proposed Regulations were
prepublished in the Canada Gazette Part I on January 30,
1999. For example, District K (Magdalene Islands) has been
added in Quebec, as has an additional week of hunting in the
fall.
- Contacts: Kathryn
Dickson, Senior Waterfowl Biologist, Migratory Birds
Conservation Division, Canadian Wildlife Service,
Environment Canada, Ottawa, Ontario K1A 0H3. Tel:
819-997-9733; Fax: 819-994-4445. Terry Mueller,
Regulatory Analyst, Program Analysis and Coordination
Division, Canadian Wildlife Service, Environment Canada,
Ottawa, Ontario K1A 0H3. Tel: 819-997-1272; Fax:
819-953-6283.
|
Migratory
Birds Convention Act, 1994, section 39
To be
published in Canada Gazette April 14, 1999
|
Atlantic
Pilotage Tariff Regulations - Newfoundland and Labrador
Non-Compulsory Areas, amendment (SOR/98-155,
OIC 1999-537)
This
amendment brings into force the second stage of a tariff
increase of 3% in specified non-compulsory pilotage
areas.
The
initial 3% increase became effective on January 20, 1994
(SOR/94-125).
Following prepublication of this amendment in the Canada
Gazette, Part I on December 5, 1998, a notice of objection
to the tariff increase was received by the Canadian
Transportation Agency (CTA) from the Government of
Newfoundland and Labrador, Department of Works, Services and
Transportation on January 4, 1999. The CTA will investigate
this tariff proposal to determine if it is prejudicial to
the public interest and will subsequently make its
recommendations to the Minister of Transport in accordance
with subsections 35(2) and (6) of the Pilotage Act. Should
the CTA recommend tariff charges lower than those prescribed
in these Regulations, the Atlantic Pilotage Authority would
reimburse the Government of Newfoundland and Labrador in
accordance with subsection 35(4) of the Pilotage Act.
- 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,
section 33
To be
published in Canada Gazette April 14, 1999
|
Order
Terminating the Application of the Public Harbours and Port
Facilities Act to Certain Public Harbours, 1999 (SOR/99-157,
OIC 1999-539)
The
Order terminates the application of the Public Harbours and
Port Facilities Act (PHPFA) to certain public harbours at
various points in time.
For
those public harbours listed in Schedule 1, termination will
be effective March 31, 1999. These sites have no Transport
Canada port facilities and no federal ownership of the
harbour bed.
In
addition, the Canada Ports Corporation (CPC) is currently
seeking Governor in Council approval to terminate its
administration and control of the public harbour of Baie des
Ha! Ha! as well as two portions of the public harbour of
Saguenay. As a result of this termination order, the harbour
and the two portions will revert to Transport Canada as
public harbours, pursuant to the PHPFA. The public harbour
of Baie des Ha! Ha! has been added to Schedule 1 and the two
portions of the public harbour of Saguenay are described in
Schedule 2. Deproclamation may only occur after the
termination of administration and control by CPC.
Schedule
3 lists those public harbours adjacent to which Transport
Canada, Harbours and Ports, currently maintains a public
port facility. Termination of the application of the PHPFA
will be effective only upon transfer of the entire public
port facility.
For
those public harbours listed in Schedule 4, the termination
will be effective upon transfer of the harbour bed and, if
applicable, the related public port facility. Schedule 4
harbours are those that are owned by the Government of
Canada, under the management and control of the Minister of
Transport. In some instances, Transport Canada, Harbours and
Ports, also maintains a public port facility at these
locations.
In the
case of public harbours listed in Schedules 3 and 4, the
Minister will continue to use the PHR (or successor
regulations under the Canada Marine Act) to manage these
harbours until the termination order becomes effective.
|
Public
Harbours and Port Facilities Act , subsection 8(3)
Published in
Canada Gazette December 26, 1998
|
|
Upon
termination of the application of the PHPFA at a public
harbour, the federal harbour master will be withdrawn.
With the
termination of the application of the PHPFA, harbour dues
will be eliminated at these public harbours. In 1996/97,
this fee generated $2.9 million nation-wide, which, net of
harbour master commissions, provided revenues of $2.5
million to Transport Canada. With the termination of the
application of the PHPFA at certain public harbours, federal
harbour masters will be withdrawn and PHPFA/PHR services
will no longer be provided. Consequently, there will be no
further need to collect these fees.
As a
result of prepublication of the proposals in the Canada
Gazette, Part I on December 26, 1998, several changes were
made in the Regulation, including moving Argentia from
Schedule 4 to Schedule 1, and removing from the Regulations
12 public harbours which were the subject of a termination
order in 1996.
The
Regulations come into effect on March 31, 1999.
- Contact: Lila Killoran,
Director, Port Corporations and Port Property, Port
Programs and Divestiture, Transport Canada, 330 Sparks
Street, Ottawa, Ontario, K1A 0N5. Tel: 613-990-3964; Fax:
613-954-0838.
|
|
Ministerial Orders
Approved
|
Statutory
Authority
|
Public
Service Employment Regulation, 1993, amendment (SOR/99-126)
This amendment
permits the appointment at the EX-1 level, based on a
standard of competence, employees who have been found by the
Public Service Commission to be qualified at this level
within the Career Assignment Program (CAP).
CAP is a
federal government corporate development program aimed at
persons below the executive level who demonstrate the
potential to become executives. Its objective is to
contribute to the creation of a high-quality, representative
and bilingual feeder group for executive positions in the
federal Public Service.
These
Regulations come into force on March 12, 1999.
- Contact: Laurette
Stanton, Policy Advisor, Resourcing Policy and
Legislation Directorate, Public Service Commission. Tel:
613) 992-9771.
|
Public Service
Employment Act, section 35
To be
published in Canada Gazette March 31, 1999
|
Canadian
Turkey Marketing Quota Regulations, 1990, amendment
(SOR/99-130)
This
amendment revises the limitations to be applied when
determining the market allotment of a producer or when
issuing a new market allotment within a province during the
control period beginning on May 1, 1999 and ending on April
30, 2000.
The new
limits are as follows (in pounds of turkey):
Ontario, 129,389,268;
Quebec, 64,737,248;
Nova Scotia, 8,183,761;
New Brunswick, 5,641,927;
Manitoba, 21,265,937;
British Columbia, 33,780,123;
Saskatchewan, 10,767,473;
Alberta, 25,528,996. The
overall total is 299,294,733 pounds.
These
Regulations come into force on May 1, 1999.
|
Farm Products Agencies Act,
paragraph 22(1)(f)
To be
published in Canada Gazette March 31, 1999
|
Order
Amending the Allocation Method Order (Chicken and Chicken
Products) (SOR/99-127)
This
Order amends the method for allocating the chicken and
chicken product import access quantity for 1999 and
beyond.
The
import access quantity for the processor pool will be
amended as follows:
- for 1999 and beyond, 70%
shall be allocated to processors of chicken and chicken
products on the basis of market share (market share is
calculated on the basis of the dollar difference between
purchases and final sales of chicken and chicken products
of applicants who are processors which final sales do not
include intermediate sales of whole eviscerated chicken
unless the intermediate sale is a final sale to a
foodservice chain). Smaller processors shall receive a
minimum allocation of 60,686 kilograms in 1999 and
beyond.
- the import access
quantity for the foodservice pool will be amended to be
allocated according to the following formula: 70% of 5.6%
of post FTA allocation (but not less than 1.75 million
kg) will be allocated to restaurant and foodservice
companies whose volume of chicken purchases is equal to
at least 50% of their total volume of meat purchases
(i.e. including poultry, beef and pork but excluding
vegetables, french fries, beverages, etc.), and 30% of
5.6% post FTA allocation (but not be less than 0.75
million kg) will be allocated to restaurant and
foodservice companies whose volume of chicken purchases
is less than 50% of their total volume meat purchases
(i.e. including poultry, beef and pork but excluding
vegetables, french fries, beverages, etc.).
Paragraph 2(1)(e) and Schedule II of the Order are repealed
because they are no longer applicable.
- Contacts: Daniel Kane,
Trade Controls Policy Division (EPM), Export and Import
Controls Bureau, Department of Foreign Affairs and
International Trade, P.O. Box 481, Station "A", Ottawa,
Ontario, K1N 9K6. Tel: 613-995-7765.
|
Export
and Import Permits Act , paragraph 6.2(2)(a) and
subsection 10(1)
To be
published in Canada Gazette March 31, 1999
|
Canadian
Turkey Marketing Quota Regulations, 1990, amendment
(SOR/99-131)
This
amendment revises the limitations to be applied when
determining the market allotment of a producer or when
issuing a new market allotment within a province during the
control period beginning on May 1, 1998 and ending on April
30, 1999.
The new
limits are as follows (in pounds of turkey):
Ontario, 122,571,369;
Quebec, 62,989,845;
Nova Scotia, 7,928,018;
New Brunswick, 5,416,294;
Manitoba, 20,564,169;
British Columbia, 33,780,945;
Saskatchewan, 10,420,414;
Alberta, 24,731,217. The
overall total is 288,402,271 pounds.
These
Regulations come into force on March 15, 1999.
|
Farm Products Agencies Act,
paragraph 22(1)(f)
To be
published in Canada Gazette March 31, 1999
|
Technical Amendments Order (Customs Tariff) 1999-1
(SOR/99-132)
This
Order 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); and maintains duty-free
entry for certain equipment that is unavailable domestically
and that benefited in the past from the provisions of the
Machinery Program.
- Contact: Deborah Hoeg,
International Trade Policy Division, Department of
Finance, Ottawa, Ontario, K1A 0G5. Tel:
613-996-7099.
|
Customs
Tariff, section 138
To be
published in Canada Gazette March 31, 1999
|
Technical Amendments Order (Customs Tariff) 1999-1
(SOR/99-133)
This
Regulation introduces a more precise expression for
underwater cable which will enable National Revenue to
administer the tariff item as was originally intended in the
Customs Tariff.
- Contact: Deborah Hoeg,
International Trade Policy Division, Department of
Finance, Ottawa, Ontario, K1A 0G5. Tel:
613-996-7099.
|
Customs
Tariff, section 138
To be
published in Canada Gazette March 31, 1999
|
Canada
Lands Surveyors Regulations (SOR/99-142)
The
Regulations establish procedures for the operation of the
Association of Canada Lands Surveyors and include
requirements for the qualification and examination of
persons wishing to become Canada Lands Surveyors, for
membership in the Association, for the issuance of licences,
permits and liability insurance, and for the operation of
complaint and discipline processes.
The
Regulations also establish complaints and discipline
processes in respect of Canada Lands Surveyors equivalent to
provincial land surveyors associations in all the provinces
of Canada.
- Contact: A. M. MacLeod,
Legislative Advisor to the Surveyor General of Canada
Lands, Legal Surveys Division, Geomatics Canada, Earth
Sciences Sector, Department of Natural Resources Canada,
Room 557, 615 Booth St., Ottawa, Ontario, K1A OE9. Tel:
613-995-4572; Fax: 613-995-9191; e-mail:
almacleo@nrcan.ca
|
Canada Lands
Surveyors Act, section 62
To be
published in Canada Gazette April 14, 1999
|
Limitation of the Right to Equitable Remuneration of Certain
Rome Convention Countries Statement (SOR/99-143)
This
Order limits the remuneration of certain rights in sound
recordings whose maker was a citizen or permanent resident
or corporation headquartered in 20 specified countries.
The
countries include Japan, Norway, Bolivia, Honduras, Lesotho,
Uruguay, Ireland, Mexico, and the Czech Republic.
By
limiting the scope and duration of these remuneration
rights, in accordance with Subparagraph 16 (1)(a)(iv) of the
Rome Convention, the Canadian Government is ensuring that
the protection granted to foreign nationals of certain Rome
Convention countries is similar to that extended by these
countries to Canadians.
- Contacts: Danielle
Bouvet, Director, Intellectual Property Policy
Directorate, Industry Canada, 235 Queen Street, West
Tower, 5th Floor, Ottawa, Ontario, K1A OH5; Richard
Matthews, Director, Copyright Policy, Department of
Canadian Heritage, 15 Eddy Street, 4th Floor, Hull,
Quebec, K1A OM5; W.R. Crosbie, Director, Information and
Technology Trade Policy Division, Department of Foreign
Affairs and International Trade, 125 Sussex Drive, 3rd
Floor, Ottawa, Ontario, K1A OG2.
|
Copyright Act,
subsection 20(2)
To be
published in Canada Gazette April 14, 1999
|
Pari-Mutuel Betting Supervision Regulations, amendment
(SOR/99-160)
This
amendment adds the drugs, tolfenamic acid and benazepril,
which have recently entered the Canadian marketplace, to the
Schedule of prohibited drugs in the Regulations.
- Contact: Lydia Brooks,
Analytical Services Officer, Canadian Pari-Mutuel Agency,
Agriculture and Agri-Food Canada, P.O. Box 5904, LCD
Merivale, Ottawa, Ontario, K2C 3X7. Tel: 613-946-0893;
Fax: 613-952-7466; e-mail: lbrooks@em.agr.ca
|
Criminal Code,
subsection 204(9)
To be
published in Canada Gazette April 14, 1999
|
St.
Lawrence Seaway Authority Divestiture Regulations (SOR/99-144)
The
Regulationsdefine the availability of pension benefits as of
April 1, 1999 for transferred employees of the St. Lawrence
Seaway Authority.
Eigible
individuals can access a lump sum benefit such as a return
of contributions or a transfer value on ceasing to be
employed in the Public Service. Individuals who do not
exercise an option for a lump sum benefit will retain the
protection of their pension accruals under the Public
Service Superannuation Act, as of the date they cease to be
employed in the Public Service and their service with the
new employer will count for benefit eligibility purposes
under that Act.
|
Public Service
Superannuation Act, paragraph 42.1(l)(u); Financial
Administration Act, paragraph 7(2)(a)
To be
published in Canada Gazette April 14, 1999
|
Canadian
Chicken Marketing Levies Order, amendment (SOR/99-161)
This
Order amends the circumstances under which a processor is
deemed to have marketed chicken in Canada.. Subsection
4.1(3) is amended as follows:
"(3) For
the purposes of subsection (1), the chicken is deemed to
have been marketed by the processor within Canada, unless
the total live weight equivalent of the chicken is exported
during the quota allocation period in which the chicken was
produced or during the quota allocation period immediately
before or after that period."
These
Regulations come into force on March 26, 1999.
- Contact: Canadian Chicken
Marketing Agency, 377 Dalhousie Street, Ottawa, Ontario,
K1N 9N8. Tel: 613-241-2800; Fax: 613-241-5999.
|
Farm Products Agencies Act,
paragraph 22(1)(f)
To be
published in Canada Gazette April 14, 1999
|
Canadian
Chicken Marketing Quota Regulations, 1990, amendment
(SOR/99-162)
This amendment,
effective May 9, 1999, establishes the periodic allocation,
for the period from May 9, 1999 and ending on July 3, 1999
for producers who market chicken in interprovincial or
export trade. The new limits are as follows:
- production subject to
federal and provincial quotas (in live weight,
kilograms), for Ontario, 55,705,000; for Quebec,
47,105,192; for Nova Scotia, 6,223,055; for New
Brunswick, 4,768,983; for Manitoba, 6,932,508; for
P.E.I., 629,331; for Saskatchewan,3,971,815; for Alberta,
15,757,732; and for Newfoundland, 2,555,754.
- production subject to
periodic export quotas (in live weight, kilograms), for
Ontario,625,000 kg; Quebec, 4,414,199; Nova Scotia,
100,000; Manitoba, 546,250 and for Alberta, 624,000.
|
Farm Products Agencies Act,
paragraph 22(1)(f)
To be
published in Canada Gazette February 17, 1999
|
