Proposed
Exempt from Pre-Publication and Approved
Ministerial Orders, Approved
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Exempt from Pre-Publication and Approved |
Statutory Authority |
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Order Restricting Certain Immunity in Relation to the United States (SOR/97-121, OIC 1997-242) The Order restricts the immunity extended under the Canadian State Immunity Act to certain USA legal entities in order to achieve equivalence with the corresponding immunity extended under the USA Foreign Sovereign Immunities Act to foreign (including Canadian) legal entities. More specifically, the Order establishes that the immunity accorded under the State Immunity Act, in relation to the United States, shall not extend to a legal entity, whether or not it is a corporate entity, wherever registered, that is acting on behalf of, on instructions from or at the request of the United States, unless a majority of the shares or other ownership interest of the legal entity is owned by the United States or a political subdivision of the United States. The order limits the defences that might be raised by U.S. companies in Canadian courts. Contact: D.W. Smith, Director, Legal Advisory Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Tower C, 7th Floor, Ottawa, Ontario, K1A 0G2. Tel: 613-992-6296. |
State Immunity Act, s. 9
Not included in Regulatory Plan
To be published in Canada Gazette March 5, 1997 |
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Food and Drug Regulations, amendment (Schedule No. 1016) (SOR/97-122, OIC 1997-243) This amendment provides for the use of glucose oxidase from Aspergillus niger var. in bread, flour and unstandardized bakery products at levels consistent with "Good Manufacturing Practice". This amendment will provide industry with an alternative dough conditioning agent for use in the manufacture of bread, flour and bakery products. Provision currently exists in the Regulations for the use of glucose oxidase in soft drinks, liquid whole egg, egg white and liquid egg yolk destined for drying. Contact: Director, Bureau of Food Regulatory, International & Interagency Affairs, Health Canada, Ottawa, Ontario K1A 0L2. Tel: 613-957-1828; Fax: 613-941-3537. |
Food and Drugs Act, subsection 30(1)
HCan/R-33-I
To be published in Canada Gazette March 5, 1997 |
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Temporary Entry Remission Orders No. 50 (SI/97-28, OIC 1997-252), No. 51 (SI/97-29, OIC 1997-253), No. 52 (SI/97-30, OIC 1997-254), and No. 53 (SI/97-31, OIC 1997-255) These Orders grant remissions of a portion of the customs duties, sales tax and excise taxes on various goods not available from domestic sources that were temporarily imported into Canada for specific commercial or industrial purposes. The Temporary Importation Remission Order, C.R.C., c. 798, and its successor, the Temporary Importation Regulations, SOR/89-427, provide for a remission of a portion of the customs duties, sales tax and excise taxes payable on enumerated classes of goods imported into Canada for certain purposes and for specified periods. On occasion, other specialized goods not available from domestic sources, such as the goods to which this Order applies, are required for a temporary period for specific commercial, industrial or charitable purposes. Each request for relief is reviewed individually to ensure that Canadian goods are not displaced. The amounts of remission are: for Order No. 50, $2,433,127; No. 51, $792,167; No. 52, $1,703,650; and No. 53, $2,310,354. Contact: Kjerstine Holmes, A/Secretary Interdepartmental Remission Committee, Department of National Revenue, 6th Floor, Connaught Building, 555 MacKenzie Avenue, Ottawa, Ontario, K1A OL5. Tel: 613-954-6937. |
Customs Tariff, section 101
RC/R-32-L
To be published in Canada Gazette March 5, 1997 |
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Pre-Published and Approved No comments or changes |
Statutory Authority |
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Canada Mining Regulations, amendment (SOR/97-117, OIC 1997-238) The amendment increases the fee for identification tags from $1 to $2 a set; revokes section 78 since the federal assay office no longer exists; and revises some forms to take into account changes in computer and microfilm technologies. The Regulations govern the management of mineral rights in the Northwest Territories. Identification tags are used in staking claims. The increase in the fee for identification tags follows a 60% increase in the price paid to the manufacturer. The proposed changes were prepublished in the Canada Gazette Dec. 14, 1996 (see Regulatory Affairs, Vol. 2, No. 49, pp. 2-3, Dec. 31, 1996). Contact: John Hodgkinson, Chief, Mining Legislation and Resource Management, Department of Indian Affairs and Northern Development, 10 Wellington Street, Ottawa, Ontario, K1A 0H4. Tel: 819-994-6434. |
Territorial Lands Act, section 12
INAC/93-15-L; INAC/95-8-O-L
To be Published in Canada Gazette March 5, 1997 |
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Pre-Published and Approved With comments or changes |
Statutory Authority |
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Seeds Regulations, amendment (Seed Potatoes) (SOR/97-118, OIC 1997-239) The amendments introduce four major changes in the certification program for seed potatoes:
By recognizing nuclear stock as a class, the inspection and tuber tolerances for this material will be similar to those of other classes in the certification system. The use of internationally-standardized tags will allow for consistent domestic and foreign identification of nuclear class lots. The change allows the government to recover costs associated with the inspection and certification of nuclear stock. The amendments reduce the level of mandatory testing for Bacterial Ring Rot (BRR), thereby-minimizing the increase in cost of production for seed potato growers. At present, all seed potato lots must be tested for the disease, except seed lots of Pre-Elite class, produced for the growers' use. Because BRR is rarely found during testing, and other safeguards against the spread of the disease will remain in place, the government feels that a reduction in the amount of mandatory testing will not jeopardize the quality of Canadian seed potatoes. Considering biological justification and marketing advantage, all lots of Elite II, Elite III, Elite IV and Foundation moving off the farm will be tested. Pre-Elite and Elite I classes will not be tested whether they leave the farm or not. Certified class cannot be planted on seed production farms. Farms moving less than two lots will be required to test at least two lots. Farms that have only one lot and wish to replant these potatoes will be required to have this lot tested (except Pre-Elite or Elite I). |
AGR/95-2-M
To be published in Canada Gazette March 5, 1997
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The current regulations state that BRR testing involves only the collection and testing of harvested tubers. The regulation amendment will allow seed potato producers to choose between collecting stems of potato plants or submitting harvested tubers. By knowing the disease status prior to harvest, growers can make better decisions about harvest, storage and marketing. Minor changes to the regulations include a change in name of Bacterial Ring Rot from Corynebacterium sepedonicum to Clavibacter micheganesis subsp. sepedonicus. Another is allowing slight variety mixture in first inspection in Pre-Elite and Elite I classes. There are also some editorial changes to prevent any misinterpretation of the regulations. The regulations were prepublished in the Canada Gazette on September 21, 1996 (See Regulatory Affairs, Vol. 2, No. 36, pp. 1-2, September 21, 1996). Contact: Dr. J.E. Hollebone, Director, Plant Protection Division, Food Production and Inspection Branch, Agriculture and Agri-Food Canada, 59 Camelot Drive, Nepean, Ontario, K1A 0Y9. Tel: 613-952-8000; Fax: 613-991-9105. |
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The New Substances Notification Regulations, amendment (SOR/97-119, OIC 1997-240) The amendment extends the requirement to perform a pre-import or pre-manufacture notification and assessment to new substances that are products of micro-organisms (biochemicals and biopolymers) and organisms. The Regulations prescribe the process by which new substances will be notified to Environment Canada and the information requirements for each type of notification. Environment Canada and Health Canada use the information in the notification to assess whether the substance poses a potential risk. This assessment must be completed within the assessment period prescribed in the regulations and reach one of the following conclusions: the substance is not suspected of being toxic; the substance is suspected of being toxic; or the substance is determined to be toxic. If the substance is suspected of being toxic, CEPA allows the Ministers the discretion to permit conditional manufacture or importation of the substance, request additional information, or to prohibit manufacture or importation of the substance. Under the amendment, which comes into force September 1, 1997, anyone in Canada wishing to import or manufacture new substances that are organisms, biochemicals or biopolymers for uses that are not covered under other federal legislation must submit a notification to Environment Canada. Notifiers of biochemicals and biopolymers will be subject to the same information requirements as those prescribed in Parts I and II of the NSN Regulations for chemicals and polymers plus additional requirements specified in Schedule XIV. Organisms will be subject to information requirements listed in Part II.1 of the NSN Regulations, "New Substances that are Organisms". The notifier of a new microorganism must provide information as per Schedules XV to XVIII according to the proposed use. The information requirements may include biological properties of the micro-organism, pathogenicity data, ecotoxicity data, and descriptions of the proposed uses of the micro-organisms. Any new biotechnology products that are organisms other than micro-organisms and that are not regulated under other federal legislation will be subject to the information requirements listed in Schedule XIX, "Information Required in Respect of Organisms other than Micro-organisms". |
Canadian Environmental Protection Act, subsections 32(1) and 87(2)
EC/95-9
To be published in Canada Gazette March 5, 1997 |
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Further information to explain this amendment to the NSN Regulations may be found in the draft Guidelines for the Notification of New Substances: Organisms and the draft Information Note: Reporting Biochemicals and Biopolymers under the New Substances Notification Regulations. The amendments are designed to reduce the risks associated with the introduction of new organisms, biochemicals and biopolymers into the environment. Manufacturers or importers are exempt from the reporting requirements if their proposed importation or manufacture is below the quantity triggers prescribed in the amendment to the NSN Regulations. Waivers of notification requirements may be sought in special cases, which are explained in the Guidelines. The amendment will ensure that the first screening of organisms, biochemicals and biopolymers occurs at the federal level. The federal regulatory framework for biotechnology ensures that there is no duplication or overlap between federal departments. Companies will continue to deal with the same agency that they have in the past. Depending on the number of notifications received, the annual total incremental costs to the biochemical and biopolymer industry to comply with the proposed amendment are expected to be between $135,000 and $1-million. The regulatory proposals were originally prepublished in the Canada Gazette, Part I on August 17, 1997 (see Regulatory Affairs, Vol. 2, No. 31, pp. 2-3, Aug. 17, 1996); at that time, they were proposed to come into force April 1, 1997. Contacts: Lawrence Fedoruk, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec, K1A 0H3. Tel: 819-953-1671; Arthur Sheffield, Acting Director, Regulatory and Economic Assessment Branch, Regulatory Affairs and Program Integration Directorate, Department of the Environment, Hull, Quebec K1A 0H3. Tel: 819-953-1172. |
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Canadian Aviation Regulations, Part II, Subpart 203 (SOR/97-120, OIC 1997-241) The Canadian Aviation Regulations, Part II, Subpart 3, Operation of a Leased Aircraft by a Non-Registered Owner (CAR 203) and the associated Standards Respecting the Operation of a Leased Aircraft by a Non-Registered Owner replace the previous Air Regulations, Series II, No. 3, Leased Aircraft Registration Regulations. The amendments are designed to improve the opportunity for the industry to arrange financially beneficial aircraft leasing operations without a reduction in safety. They are a part of the ongoing Transport Canada Safety and Security initiative to update the aviation safety rules and replace the existing Air Regulations and Air Navigation Orders with the new Canadian Aviation Regulations (CARs). CAR 203, Operation of a Leased Aircraft by a Non-Registered Owner, will remove several restrictions on the conditions under which leasing operations between the holders of Canadian air operator certificates or Canadian flight training unit operator certificates will be authorized. The regulations would distinguish between situations where both parties are holders of a Canadian air operator or flight training unit operator certificate and those where one party is a non-Canadian. |
Aeronautics Act, S.C. 1992, c. 4, s. 7, Section 4.9
TC/96-4-F
To be published in Canada Gazette March 5, 1996 |
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The differences in treatment between the two situations are designed to ensure foreign aircraft operated by a Canadian operator are maintained and operated to Canadian safety standards and also to ensure Canadian aircraft operated by a foreign operator are maintained to Canadian standards or their equivalent. More specifically, CAR 203, and the associated Standards Respecting the Operation of a Leased A ircraft by a Non-Registered Owner, would allow the transfer of custody and control of aircraft during leasing operations, without cancellation of the certificate of registration which would otherwise occur. The regulations would not apply where the aircraft is re-registered to the lessee. Under CARs subsection 202.35(3). the term "legal custody and control" is defined as "complete responsibility for the operation and maintenance of the aircraft". Except as provided under CAR 203 (or when a regulatory exemption is granted by the Minister) the transfer of any part of the responsibilities entailed in legal custody and control will cancel the certificate of registration. CAR 203 allow for legal custody and control of an aircraft to be transferred to a lessee with the registration continuing in the name of the owner (lessor). The regulations define two classes of leasing operations:
The first class of leasing operations is limited to transactions between Canadian operators only, whereas the second class may apply to transactions between two Canadian operators, between a Canadian lessee and a foreign lessor or between a foreign lessee and a Canadian lessor. It will remain open to operators to request a Ministerial exemption for any leasing operation not explicitly covered under these regulations. The regulations were prepublished in the Canada Gazette, Part I, on July 20, 1996 (see Regulatory Affairs, Vol. 2, No. 29, pp. 2-4, July 20, 1996). Contact: Chief, Regulatory Affairs (AARBH), Transport Canada Safety and Security, Civil Aviation, Place de Ville, Tower "C", Ottawa, Ontario, K1A 0N8. Tel: 613-993-7284 or 1-800-305-2059; Fax: 613-990-1198. |
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