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Regulatory Affairs

VOL. 4, No. 7

March 11, 1998

Tracking Federal Regulatory Initiatives

Highlights:

Proposed Regulations

Humanitarian Designated Classes Regulations proposed to be extended
Cost Recovery proposed for Cruise Ship Inspections

Ministerial Orders, Approved

Domestic Substances List amended

Proposed Regulations for Pre-Publication in Part I, Canada Gazette	Statutory Authority & Regulatory Plan Listing
Humanitarian Designated Classes Regulations, amendment; Immigration Regulations, 1978 The proposed amendments to the Humanitarian Designated Classes (HDC) Regulations would extend the "sunset" date of the Regulations from May 1, 1998 until December 31, 1998. The changes would also amend the Schedule of countries to which the Source Country Class may be applied: Colombia, Liberia and Cambodia would be added to the Schedule, while Bosnia-Herzegovina, Croatia, Guatemala, El Salvador and Sudan would continue to be included. The changes would also clarify the wording of that section of the HDC Regulations [subsection 4(4)] which relates to the application of dependency criteria to the children of members of the Humanitarian Designated Classes. The current wording does not specify that the provisions should apply to dependent sons and dependent daughters but not to spouses. Changes to this subsection are designed to ensure that the application of selection criteria is consistent with the definitions of dependent son and dependent daughter as found in subsection 2(1) of the Immigration Regulations, 1978, as was the original policy intent.	Immigration Act Published in Canada Gazette March 7, 1998
Amendments to paragraphs 5(2)(a) and (b) of the HDC Regulations would bring these provisions, concerning the private sponsorship of HDC class members, into conformity with the Canada-Québec Accord Relating to Immigration and Temporary Admission of Aliens (the Canada-Quebec Accord). The current provision does not distinguish between the requirements for sponsors who wish to sponsor in the province of Quebec and those who wish to sponsor in other provinces. The Accord gives the province the right to select immigrants destined to Quebec. This includes the authority for the enforcement of sponsorship undertakings. The primacy of the province in this area is not reflected in the current wording. These changes will make it clear that an undertaking by a Quebec group to sponsor Convention refugees seeking resettlement, and their dependents will be signed with the province and will be submitted to provincial officials in a form approved by the Government of Quebec. A housekeeping amendment will clarify that all members of a "Group of Five", sponsoring a member of an HDC class, will be required to sign a single joint sponsorship undertaking rather than submitting separate individual undertakings. The changes being proposed to the Immigration Regulations, 1978 would closely parallel those proposed to the HDC Regulations with respect to the selection and private sponsorship of members of those classes. The provisions in question govern the selection of Convention refugees seeking resettlement and the private sponsorship of such refugees. Again, the purpose of such changes is to clarify, rather than amend, current government policy or administrative practice. The amendments would clarify the wording of subsection 7(4) of the Immigration Regulations, 1978, which relates to the application of selection criteria to dependent sons and dependent daughters of Convention refugees seeking resettlement. The same imprecision currently exists in these provisions as exists in the similar provisions in the HDC Regulations. Other changes to paragraphs 7.1(2)(a) and (b) would bring the provisions of the Immigration Regulations governing the private sponsorship of Convention refugees seeking resettlement into conformity with the Canada-Quebec Accord. As with the HDC Regulations, the current provision does not distinguish between the requirements for sponsors who wish to sponsor in the province of Quebec and those who wish to sponsor in other provinces. A housekeeping amendment, similar to that being made to the HDC Regulations, will clarify that all members of a "Group of Five" sponsoring a Convention refugee seeking resettlement will be required to sign a single joint sponsorship undertaking rather than submitting separate individual undertakings. Contact: Rick Herringer, Director, Refugee Resettlement, Citizenship and Immigration Canada, Jean Edmonds Tower South, 17th Floor, 365 Laurier Avenue W. Ottawa, Ontario K1A 1L1. Tel: 613-957-9349; Fax: 613-957-5836.
Cost Recovery for Cruise Ship Inspections The Minister if Health has given notice of the intention to recover costs associated with the provision of Cruise Ship Inspections, beginning in April 1998. More specifically, the fee for the provision of an inspection, during daylight hours seven days a week will be $4,900 for a large/extra large vessel, $4,500 for a medium vessel and $4,100 for a small/extra small vessel. The fee includes a base fee for all vessels plus a tonnage fee. It also includes a contingency amount in case the Agency needs to provide outbreak investigation services in the event of a food-borne illness outbreak on board a ship.	Department of Health Act Published in Canada Gazette March 7, 1998
One routine inspection will be conducted on each cruise ship per Canadian sailing season (April to October). The cost recovery initiative does not include the drinking water inspections carried out under the Potable Water Regulations for Common Carriers. Contact: Dr. Gillian I. Lynch, Chief Executive Officer, Occupational and Environmental Health Services, Agency, Room 314-A, Address Locator 1903A1, Jeanne Mance Building, Tunney's Pasture, Ottawa, Ontario K1A 0L3. Tel: 613-957-7669; Fax: 613-954-5822.
Food and Drug Regulations, amendment Health Canada has given notice of its intention to amend the Food and Drug Regulations to permit the optional use of pullulanase enzyme from derived from a new source, Bacillus licheniformis SE2-Pul-int211, at levels consistent with "Good Manufacturing Practice". Provision currently exists in the Regulations for the use of the enzyme pullulanase from Bacillus acidopullulyticus NCIB 11647 in the production of starch-derived sweeteners and a variety of bakery products at levels consistent with "Good Manufacturing Practice". Health Canada proposes to permit the use of pullulanase from a new source, a genetically engineered Bacillus licheniformis organism containing the pullulanase gene from Bacillus deramificans	Food and Drugs Act Published in Canada Gazette March 7, 1998
Notice No. SMSE-002-98 - Category II Equipment Standards List - Interference-Causing Equipment Standards (ICES) Industry Canada has given notice of its intention to amend the Category II Equipment Standards List by replacing Interference-Causing Equipment Standard 001 (ICES-001), Issue 2, Industrial, Scientific and Medical Radio Frequency Generators with ICES-001, Issue 3; and by replacing Interference-Causing Equipment Standard 002 (ICES-002), Issue 2, Spark Ignition Systems of Vehicles and Other Devices Equipped with Internal Combustion Engines with ICES- 002, Issue 3.	Radiocommunication Act Published in Canada Gazette March 7, 1998

Proposed Regulations

for Pre-Publication in Part I, Canada Gazette

Statutory Authority
&
Regulatory Plan Listing

Humanitarian Designated Classes Regulations, amendment; Immigration Regulations, 1978

The proposed amendments to the Humanitarian Designated Classes (HDC) Regulations would extend the "sunset" date of the Regulations from May 1, 1998 until December 31, 1998.

The changes would also amend the Schedule of countries to which the Source Country Class may be applied: Colombia, Liberia and Cambodia would be added to the Schedule, while Bosnia-Herzegovina, Croatia, Guatemala, El Salvador and Sudan would continue to be included.

The changes would also clarify the wording of that section of the HDC Regulations [subsection 4(4)] which relates to the application of dependency criteria to the children of members of the Humanitarian Designated Classes. The current wording does not specify that the provisions should apply to dependent sons and dependent daughters but not to spouses. Changes to this subsection are designed to ensure that the application of selection criteria is consistent with the definitions of dependent son and dependent daughter as found in subsection 2(1) of the Immigration Regulations, 1978, as was the original policy intent.

Immigration Act

Published in Canada Gazette March 7, 1998

Amendments to paragraphs 5(2)(a) and (b) of the HDC Regulations would bring these provisions, concerning the private sponsorship of HDC class members, into conformity with the Canada-Québec Accord Relating to Immigration and Temporary Admission of Aliens (the Canada-Quebec Accord). The current provision does not distinguish between the requirements for sponsors who wish to sponsor in the province of Quebec and those who wish to sponsor in other provinces. The Accord gives the province the right to select immigrants destined to Quebec. This includes the authority for the enforcement of sponsorship undertakings. The primacy of the province in this area is not reflected in the current wording. These changes will make it clear that an undertaking by a Quebec group to sponsor Convention refugees seeking resettlement, and their dependents will be signed with the province and will be submitted to provincial officials in a form approved by the Government of Quebec.

A housekeeping amendment will clarify that all members of a "Group of Five", sponsoring a member of an HDC class, will be required to sign a single joint sponsorship undertaking rather than submitting separate individual undertakings.

The changes being proposed to the Immigration Regulations, 1978 would closely parallel those proposed to the HDC Regulations with respect to the selection and private sponsorship of members of those classes. The provisions in question govern the selection of Convention refugees seeking resettlement and the private sponsorship of such refugees. Again, the purpose of such changes is to clarify, rather than amend, current government policy or administrative practice.

The amendments would clarify the wording of subsection 7(4) of the Immigration Regulations, 1978, which relates to the application of selection criteria to dependent sons and dependent daughters of Convention refugees seeking resettlement. The same imprecision currently exists in these provisions as exists in the similar provisions in the HDC Regulations.

Other changes to paragraphs 7.1(2)(a) and (b) would bring the provisions of the Immigration Regulations governing the private sponsorship of Convention refugees seeking resettlement into conformity with the Canada-Quebec Accord. As with the HDC Regulations, the current provision does not distinguish between the requirements for sponsors who wish to sponsor in the province of Quebec and those who wish to sponsor in other provinces.

A housekeeping amendment, similar to that being made to the HDC Regulations, will clarify that all members of a "Group of Five" sponsoring a Convention refugee seeking resettlement will be required to sign a single joint sponsorship undertaking rather than submitting separate individual undertakings.

Contact: Rick Herringer, Director, Refugee Resettlement, Citizenship and Immigration Canada, Jean Edmonds Tower South, 17th Floor, 365 Laurier Avenue W. Ottawa, Ontario K1A 1L1. Tel: 613-957-9349; Fax: 613-957-5836.

Cost Recovery for Cruise Ship Inspections

The Minister if Health has given notice of the intention to recover costs associated with the provision of Cruise Ship Inspections, beginning in April 1998.

More specifically, the fee for the provision of an inspection, during daylight hours seven days a week will be $4,900 for a large/extra large vessel, $4,500 for a medium vessel and $4,100 for a small/extra small vessel. The fee includes a base fee for all vessels plus a tonnage fee. It also includes a contingency amount in case the Agency needs to provide outbreak investigation services in the event of a food-borne illness outbreak on board a ship.

Department of Health Act

Published in Canada Gazette March 7, 1998

One routine inspection will be conducted on each cruise ship per Canadian sailing season (April to October).

The cost recovery initiative does not include the drinking water inspections carried out under the Potable Water Regulations for Common Carriers.

Contact: Dr. Gillian I. Lynch, Chief Executive Officer, Occupational and Environmental Health Services, Agency, Room 314-A, Address Locator 1903A1, Jeanne Mance Building, Tunney's Pasture, Ottawa, Ontario K1A 0L3. Tel: 613-957-7669; Fax: 613-954-5822.

Food and Drug Regulations, amendment

Health Canada has given notice of its intention to amend the Food and Drug Regulations to permit the optional use of pullulanase enzyme from derived from a new source, Bacillus licheniformis SE2-Pul-int211, at levels consistent with "Good Manufacturing Practice".

Provision currently exists in the Regulations for the use of the enzyme pullulanase from Bacillus acidopullulyticus NCIB 11647 in the production of starch-derived sweeteners and a variety of bakery products at levels consistent with "Good Manufacturing Practice".

Health Canada proposes to permit the use of pullulanase from a new source, a genetically engineered Bacillus licheniformis organism containing the pullulanase gene from Bacillus deramificans

Food and Drugs Act

Published in Canada Gazette March 7, 1998

Notice No. SMSE-002-98 - Category II Equipment Standards List - Interference-Causing Equipment Standards (ICES)

Industry Canada has given notice of its intention to amend the Category II Equipment Standards List by replacing Interference-Causing Equipment Standard 001 (ICES-001), Issue 2, Industrial, Scientific and Medical Radio Frequency Generators with ICES-001, Issue 3; and by replacing Interference-Causing Equipment Standard 002 (ICES-002), Issue 2, Spark Ignition Systems of Vehicles and Other Devices Equipped with Internal Combustion Engines with ICES- 002, Issue 3.

Radiocommunication Act

Published in Canada Gazette March 7, 1998

Exempt from Pre-Publication and Approved	Statutory Authority & Regulatory Plan Listing
Thermal Power Generation Emissions - National Guidelines for New Stationary Sources (SI/98-40, OIC 1998-275) The National Guidelines, which relate to optimal operating conditions for new fossil fuel-fired steam generating units at Thermal Power Generation Plants, are being registered under a separate section of the Statutory Instruments Act, to correct a problem raised by the Standing Joint Committee for the Scrutiny of Regulations. The Guidelines establish minimum standards for the provincial and territorial air pollution control agencies to follow. Agencies can then establish the quantities and concentrations above which nitrogen oxides, particulate matter and sulphur dioxide should not be emitted from fossil fuel-fired steam-driven electricity generating units.	Canada Environmental Protection Act Exempt from publication
The guidelines, which have been in use since they were originally published in Canada Gazette I in 1993,were published at the request of the Minister of the Environment in accordance to Section 10 of the Canadian Environmental Protection Act. The Standing Joint Committee for the Scrutiny of Regulations has brought to the attention of the Department of the Environment that the National Guidelines for New Stationary Sources should be registered in accordance with Section 6 (b) of the Statutory Instruments Act.

Exempt from Pre-Publication

and Approved

Statutory Authority
&
Regulatory Plan Listing

Thermal Power Generation Emissions - National Guidelines for New Stationary Sources (SI/98-40, OIC 1998-275)

The National Guidelines, which relate to optimal operating conditions for new fossil fuel-fired steam generating units at Thermal Power Generation Plants, are being registered under a separate section of the Statutory Instruments Act, to correct a problem raised by the Standing Joint Committee for the Scrutiny of Regulations.

The Guidelines establish minimum standards for the provincial and territorial air pollution control agencies to follow. Agencies can then establish the quantities and concentrations above which nitrogen oxides, particulate matter and sulphur dioxide should not be emitted from fossil fuel-fired steam-driven electricity generating units.

Canada Environmental Protection Act

Exempt from publication

The guidelines, which have been in use since they were originally published in Canada Gazette I in 1993,were published at the request of the Minister of the Environment in accordance to Section 10 of the Canadian Environmental Protection Act. The Standing Joint Committee for the Scrutiny of Regulations has brought to the attention of the Department of the Environment that the National Guidelines for New Stationary Sources should be registered in accordance with Section 6 (b) of the Statutory Instruments Act.

Ministerial Orders Approved	Statutory Authority & Regulatory Plan Listing
Egg and Processed Egg Fees Order, amendment (SOR/98-143) The Order, prepublished August 9, 1997, revises existing fees and creates new fees for various inspection services by the Canadian Food Inspection Agency. For example, the fee for each shipment of shell eggs destined for the table market increases to $104 per shipment from $88; this represents an increase to 14% of the expected costs and brings them in line with the cost recovery level assessed on imported shell eggs destined for breaking. the fees for an annual fee for inspection services in registered shell egg stations are being increased substantially (e.g., to $18,390 per year from $14,040 for an average weekly grading volume of 30,001 or more boxes); the hourly fee for inspection of shell eggs moving within Canada or inspected on request, and verification of the breaking of shell eggs in registered processed egg stations on behalf of the Canadian Egg Marketing Agency, increase to $57 from $52.22; Contact: Dr. M. F. Baker, Director, Meat and Poultry Products Division, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario, K1A 0Y9. Tel: 613-225-2342, ext. 4646; Fax: 613-228-6636.	Financial Administration Act, paragraphs 19(1)(b) and 19.1(b); Order in Council P.C. 1995-325 Not included in Regulatory Plan To be published in Canada Gazette March 18, 1998
Domestic Substances List, amendment (SOR/98-144) The amendment adds 9 substances to Part I and 9 substances to part II of the Domestic Substances List (DSL). The Order comes into effect on March 4, 1998. Contacts: Gordon Stringer, A/Head, New Substances Notification Section, New Substances Division, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec, K1A 0H3. Tel: 819-953-9348; Arthur Sheffield, A/Director, Regulatory and Economic Assessment, Regulatory Affairs and Program Integration Directorate, Department of the Environment, Hull, Quebec K1A 0H3. Tel: 819-953-1172.	Canadian Environmental Protection Act, subsection 25 (1) Not included in Regulatory Plan To be published in Canada Gazette March 18, 1998
Domestic Substances List, amendment (SOR/98-145) The amendment adds 110 substances to Part I, 89 substances to Part II, and four organisms to Part III of the Domestic Substances List (DSL). Section 30(1) of the Act requires the Minister of the Environment to add a substance to the List where (a) the Minister has been provided with information specified in the New Substances Notification Regulations and any additional information or test result required under subsection 29(1), (b) the substance was manufactured or imported in excess of the volumes prescribed in the New Substances Notification Regulations, and (c) no condition specified under paragraph 29(1)(a) in respect of the substance remains in effect. The Order comes into effect on March 4, 1998. Contacts: Gordon Stringer, A/Head, New Substances Notification Section, New Substances Division, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec, K1A 0H3. Tel: 819-953-9348; Arthur Sheffield, A/Director, Regulatory and Economic Assessment, Regulatory Affairs and Program Integration Directorate, Department of the Environment, Hull, Quebec K1A 0H3. Tel: 819-953-1172.	Canadian Environmental Protection Act, subsection 30 (1) Not included in Regulatory Plan To be published in Canada Gazette March 18, 1998

Ministerial Orders

Approved

Statutory Authority
&
Regulatory Plan Listing

Egg and Processed Egg Fees Order, amendment (SOR/98-143)

The Order, prepublished August 9, 1997, revises existing fees and creates new fees for various inspection services by the Canadian Food Inspection Agency.

For example,

the fee for each shipment of shell eggs destined for the table market increases to $104 per shipment from $88; this represents an increase to 14% of the expected costs and brings them in line with the cost recovery level assessed on imported shell eggs destined for breaking.
the fees for an annual fee for inspection services in registered shell egg stations are being increased substantially (e.g., to $18,390 per year from $14,040 for an average weekly grading volume of 30,001 or more boxes);
the hourly fee for inspection of shell eggs moving within Canada or inspected on request, and verification of the breaking of shell eggs in registered processed egg stations on behalf of the Canadian Egg Marketing Agency, increase to $57 from $52.22;

Contact: Dr. M. F. Baker, Director, Meat and Poultry Products Division, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario, K1A 0Y9. Tel: 613-225-2342, ext. 4646; Fax: 613-228-6636.

Financial Administration Act, paragraphs 19(1)(b) and 19.1(b); Order in Council P.C. 1995-325

Not included in Regulatory Plan

To be published in Canada Gazette March 18, 1998

Domestic Substances List, amendment (SOR/98-144)

The amendment adds 9 substances to Part I and 9 substances to part II of the Domestic Substances List (DSL).

The Order comes into effect on March 4, 1998.

Contacts: Gordon Stringer, A/Head, New Substances Notification Section, New Substances Division, Commercial Chemicals Evaluation Branch, Department of the Environment, Hull, Quebec, K1A 0H3. Tel: 819-953-9348; Arthur Sheffield, A/Director, Regulatory and Economic Assessment, Regulatory Affairs and Program Integration Directorate, Department of the Environment, Hull, Quebec K1A 0H3. Tel: 819-953-1172.

Canadian Environmental Protection Act, subsection 25 (1)

Not included in Regulatory Plan

To be published in Canada Gazette March 18, 1998

Domestic Substances List, amendment (SOR/98-145)

The amendment adds 110 substances to Part I, 89 substances to Part II, and four organisms to Part III of the Domestic Substances List (DSL).

Section 30(1) of the Act requires the Minister of the Environment to add a substance to the List where (a) the Minister has been provided with information specified in the New Substances Notification Regulations and any additional information or test result required under subsection 29(1), (b) the substance was manufactured or imported in excess of the volumes prescribed in the New Substances Notification Regulations, and (c) no condition specified under paragraph 29(1)(a) in respect of the substance remains in effect.

The Order comes into effect on March 4, 1998.

Canadian Environmental Protection Act, subsection 30 (1)

Not included in Regulatory Plan

To be published in Canada Gazette March 18, 1998