Proposed
Regulations
for
Pre-Publication in Part I, Canada Gazette
|
Statutory
Authority
|
Cradles
Regulations (Withdrawal)
Health
Canada has announced its intention to withdraw proposed
amendments to the Cribs and Cradles Regulations of the
Hazardous Products Act that were prepublished in the Canada
Gazette, Part I on February 26, 1994.
These
proposed amendments, which were primarily intended to reduce
the risk of falls that cause head injuries by eliminating
toeholds that potentially allow children to climb out of
cribs, are now believed to be no longer needed due to the
evolution in the design of cribs.
The
overall issue of falls associated with cribs remains under
investigation.
- Contact: Yves Fortin,
Department of Health, Product Safety Bureau, Jeanne-Mance
Building, 12th Floor, Tunney's Pasture, Address Locator
1912A, Ottawa, Ontario, K1A 0K9. Tel: 613-952-6260.
|
Hazardous
Products Act
Published in
the Canada Gazette Part I on May 1, 1999
|
Agricultural Marketing Programs Regulations
The
proposed Regulations would be the initial regulations
defining the Advance Payments Program.
More
specifically, the proposed Regulations would define:
- the circumstances under
which a producer ceases to own or be responsible for
marketing a crop;
- the formula for
establishing the administrator's percentage liability and
the Government's percentage liability;
- the method of attributing
amounts issued to cooperatives back to the individuals
involved;
- the limits for cash
repayments by producers without proof of sale; and
- the conditions that must
be met by the administrator before receiving payment on
the guarantee.
Under the
Advance Payments Program (AMPA), producer groups give
farmers a cash advance at or after harvest in order to
facilitate cash flow, thus allowing producers to wait until
prices are more favourable before selling their crops. AMPA
guarantees the repayment of the cash advance so the producer
organization can obtain the financing needed to provide cash
advances to their members. To be eligible for an advance, a
producer must continuously own the crop in storage and be
responsible for marketing it.
- Contact: Rosser Lloyd,
National Marketing Programs, Market and Industry Services
Branch, Agriculture and Agri-Food Canada, 2200 Walkley
Road, Ottawa, Ontario, K1A 0C5. Tel: 613-759-6303; Fax:
613-759-6315.
|
Agricultural Marketing Programs Act, subsection
40(1)
Published in
the Canada Gazette Part I on May 8, 1999
|
Inclusion List
Regulations, amendment; Exclusion List Regulations,
amendment; Law List Regulations, amendment; Comprehensive
Study List Regulations, amendment
The
proposed Regulations would change the applicability of The
Canadian Environmental Assessment Act in terms of the
projects which are subject to environmental assessments by
federal authorities.
More
specifically:
- the proposed amendments to
the Inclusion List Regulations make 17 additions to the
list, ten of which are specific to National Parks. For
example, the following would require environmental
assessments: removal of natural objects in a national
park; activities that would change a water management
regime in a national park; unplanned use of an
all-terrain vehicle in a national park, except for park
management purposes; alteration of shorelines.
- the proposed amendments to
the Exclusion List Regulations make four additions to the
list as well as thirteen modifications to items on the
list;
- the proposed amendments to
the The Comprehensive Study List Regulations, which
identify major projects that are automatically subject to
a more extensive EA called a comprehensive study, adds
definitions and makes seven modifications that clarify
the application of the Regulations;
- the proposed changes to
the Law List Regulations include consequential amendments
required because of changes already made, or in progress,
to other federal statutes and regulations now cited in
regulations, as well, two other changes; and
- the proposals also include
various changes designed to make the Act more efficient
to administer.
|
Canadian
Environmental Assessment Act, paragraph 59(b)
Published in
the Canada Gazette Part I on May 8, 1999
|
- Contact: Jim Clarke,
Director, Legislative and Regulatory Affairs, Canadian
Environmental Assessment Agency, Fontaine Building, 14th
Floor, 200 Sacré-Coeur Boulevard, Hull, Quebec,
K1A 0H3. Tel: 819-997-2253; Fax: 819-953-8592.
|
|
Contraventions Regulations, amendment
The
proposed Regulations would add two new parts to the
Regulations, and amend existing contraventions in two other
parts of the Regulations.
More
specifically, the amendments would designate 27 new offences
under the Competency of Operators of Pleasure Craft
Regulations and the Tobacco Act.
As a
result of recent amendments to the Boating Restriction
Regulations and to the Small Vessel Regulations, new
contraventions would be added and others amended.
- Contact: Jean-Pierre
Baribeau, Legal Counsel, Contraventions Project, East
Memorial Building, Department of Justice, 284 Wellington,
Ottawa, Ontario, K1A 0H8. Tel: 613-941-4880; Fax:
613-998-1175; e-mail:
jean.baribeau@justice.x400.gc.ca
|
Contraventions Act, subsection 20(1)
Published in
the Canada Gazette Part I on May 8, 1999
|
Laurentian Pilotage Authority Regulations, amendment
The
proposed Regulations would repeal certain definitions and
add or modify others to ensure consistency with the
terminology in these Regulations and in the Canada Shipping
Act and to utilize terms currently used by the marine
industry.
More
specifically, the proposals would:
- repeal the term "part of a
district", allowing candidates for a licence or pilotage
certificate to be examined for a specific area or
waterway as opposed to having to be examined taking into
account all the navigable waters within a district lying
between one pilot boarding station and another.
- amend the current ship
limitations for holders of Class B and C licences and
pilotage certificates, based on a ship's length and
deadweight tonnage. This initiative provides Class B and
C holders with the experience of piloting more ships and
larger ships which were previously piloted by more senior
Class holders. In addition to enhancing the knowledge and
training base for these Class B and C holders, this
provision provides the Authority with greater flexibility
in the dispatching of its pilots, thereby improving
service efficiency, particularly in peak traffic
periods.
- amends subsection 20(2) to
reflect changes to subsection 15(5) and address the
qualifying number of trips and pilotage assignments for
Class C licensed holders in District Nos. 1 and 2.
- Contact: Jean-Claude
Michaud, Chairman, Laurentian Pilotage Authority, 715
Victoria Square, Montréal, Quebec, H2Y 2H7. Tel:
514-283-6320; Fax: 514-496-2409.
|
Pilotage
Act, subsection 20(1)
Published in
the Canada Gazette Part I on May 8, 1999
|
Order Adding a
Toxic Substance to Schedule I and to Part II of Schedule II
to the Canadian Environmental Protection Act
The
proposed Order would impose a number of restrictions on the
substance "tributyltetradecylphosphonium chloride".
More
specifically, the Order would add the substance to the List
of Toxic Substances in Schedule I and to the List of Toxic
Substance Requiring Export Notification, in Schedule II,
Part II. By adding this substance in Schedule II, a person
shall give an export notice before exporting the substance
in a manner consistent with the Toxic Substances Export
Notification Regulations.
In
addition, Canada would implement the UNEP "Prior Informed
Consent" (PIC) procedure for banned and severely restricted
chemicals.
|
Canadian
Environmental Protection Act, section 34
Published in
the Canada Gazette Part I on May 15, 1999
|
|
To
prevent its entry in the Canadian environment, the Order
would prohibiting its use, processing, sale, offering for
sale and import into Canada. To ensure that the manufacture
of the substance will not result in immediate or long term
harmful effects to the environment, this regulation will
also specify conditions under which the substance can be
manufactured for export markets. The Regulations do not
apply to the manufacture, processing, sale, offering for
sale and import for uses of the substance covered under the
Pest Control Products Act.
- Contact: Director,
Commercial Chemicals Evaluation Branch, Toxic Pollution
Prevention Directorate, Department of the Environment,
Place Vincent Massey, Ottawa, Ontario K1A 0H3, or
Director, Bureau of Chemicals Hazards, Environmental
Health Centre, Department of Health, Tunney's Pasture,
Ottawa, Ontario, K1A 0L2.
|
|
Private
Buoy Regulations
The
proposed Regulations set conditions and standards for the
placement of buoys for private use or for use in connection
with private facilities.
The
proposed regulations would replace the existing regulations.
In support of safety on the waterways, the Canada Coast
Guard will establish more efficient procedures which will
allow for more immediate removal of private buoys that
create a hazard by interfering with or misleading mariners
and more timely response to technical and system
improvement, by removing, from the Regulations, the current
specifications for private buoy usage and markings. Those
specifications will be replaced, in the proposed
Regulations, by a reference to the Canadian Aids to
Navigation System (TP 968).
- Contact: Mrs. L. Denis,
Standards Officer, Marine Navigation Services, Canadian
Coast Guard, Department of Fisheries and Oceans, 200 Kent
Street, Ottawa, Ontario, K1A 0E6. Tel: 613-990-3491; Fax:
613-998-8428.
|
Canada
Shipping Act, sections 519 and 562
Published in
the Canada Gazette Part I on May 15, 1999
|
Order
Amending Schedules I and IV to the Controlled Drugs and
Substances Act (1075); Narcotic Control Regulations (1075),
amendment; and Food and Drug Regulations (1075 - Additions
to Schedule F), amendment
Health
Canada proposes to add four drugs to the following
schedules: Schedules I and IV of the Controlled Drugs and
Substances Act (CDSA); the Schedule to the Narcotic Control
Regulations; and Schedule F to the Food and Drug
Regulations.
The four
drugs are:
- Remifentanil
hydrochloride, an ultra short-acting agent indicated for
use as an opioid analgesic adjunct for the induction and
maintenance of general anaesthesia. Remifentanil
hydrochloride, which belongs to a class of narcotics
which has high potential for abuse, is recommended for
addition to item 16 of Schedule I to the Controlled Drugs
and Substances Act (CDSA). The proposal also includes a
recommendation to add remifentanil hydrochloride to the
Schedule to the Narcotic Control Regulations.
- Nalmefene hydrochloride,
an opioid antagonist indicated for use as a treatment for
complete or partial reversal of opioid drug effects and
in the treatment of opioid overdose. Nalmefene
hydrochloride is recommended for exemption from Schedule
I to the CDSA, from the regulatory controls currently
imposed on opioids listed on Schedule I to the CDSA, for
exemption from the Schedule to the Narcotic Control
Regulations, and for addition to Part I of Schedule F to
the Food and Drugs Regulations.
|
Controlled
Drugs and Substances Act, section 60, subsection 55(1); Food
and Drugs Act, subsection 30(1)
Published in
the Canada Gazette Part I on May 15, 1999
|
- Olanzapine, a
benzodiazepine indicated for use in the acute and
maintenance treatment of schizophrenia and related
psychotic disorders. Olanzapine, which belongs to a class
of drugs known as benzodiazepines, is recommended for
exemption from Schedule IV to the CDSA and for addition
to Part I of Schedule F to the Food and Drugs
Regulations. The Therapeutic Products Programme is
proposing Regulations Respecting Benzodiazepines and
Other Targeted Substances and the removal of their
exemption from the application of the CDSA. It is
proposed that most benzodiazepines, except for
olanzapine, will be subject to the regulatory controls
imposed by the Regulations Respecting Benzodiazepines and
Other Targeted Substances. Olanzapine is further
recommended.
- Naltrexone, an opioid
antagonist indicated for use in the treatment of
addictions to opiate drugs. Naltrexone is recommended for
exemption from the Schedule to the Narcotic Control
Regulations. Naltrexone was added to Schedule F to the
Food and Drug Regulations on May 7, 1996, and was
exempted from Schedule I to the CDSA on May 14,
1997.
- Contact: Joan Korol,
Therapeutic Products Programme, Department of Health,
Tower B, 2nd Floor, 1600 Scott Street, Address Locator
3102C5, Ottawa, Ontario, K1A 1B6. Fax: 613-941-6458;
e-mail: joan_korol@hc-sc.gc.ca.
|
|
Food and
Drug Regulations (1051 - Schedule F), amendment
This
amendment proposes to add 23 new drug substances to Schedule
F to the Food and Drug Regulations. At the same time,
amendments are proposed to current Schedule F listings to
correct spelling errors and the omission of the drug
cyclophosphamide in the French version of Schedule F to the
Regulations.
The drug
substances to be added to Schedule F are as follows:
- Amfebutamone and its salts
Amfebutamone, also known as bupropion, is an
antidepressant that is indicated for the symptomatic
relief of depressive illness.
- Anagrelide and its salts
Anagrelide is a platelet-reducing agent that is indicated
in the management of patients with thrombocytosis at risk
of thrombotic complications.
- Brimonidine and its salts
Brimonidine tartrate ophthalmic solution is indicated for
the control of intraocular pressure in patients with
chronic open-angle glaucoma and to control the
post-operative intraocular pressure spikes in patients
undergoing laser ocular surgery.
- Carbetocin and its salts
Carbetocin is a long-acting analogue of the pituitary
hormone oxytocin that is used to stimulate contractions
of the postpartum uterus to prevent uterine atony and
postpartum hemorrhage. Carbetocin is to be administered
intravenously as part of a major surgical procedure for
the prevention of potentially serious complications of
obstetrical delivery.
- Cerivastatin and its salts
Cerivastatin is one of a new class of lipid-lowering
compounds that reduce the production of cholesterol in
the body. The drug is indicated for use with diet to
reduce elevated total cholesterol and low density
lipoprotein cholesterol (LDL) levels in patients with
primary hypercholesterolemia.
- Emedastine and its salts
Emedastine difumarate is a benzimidazole derivative
developed for the treatment of allergic
conjunctivitis.
- Fosfomycin and its salts
Fosfomycin tromethamine is an antibacterial indicated for
single dose oral therapy in women with uncomplicated
urinary tract infections.
|
Food and
Drugs Act, subsection 30(1)
Published in
the Canada Gazette Part I on May 15, 1999
|
- Irbesartan and its salts
Irbesartan is an angiotensin II AT1 receptor blocker used
in the treatment of essential hypertension.
- Montelukast and its salts
Montelukast is a new leukotriene receptor antagonist
indicated for the prophylaxis and chronic treatment of
asthma, including prevention of day and nighttime
symptoms in adult and pediatric patients six years of age
and older.
- Nadroparin and its salts
Nadroparin is a low molecular weight heparin that is used
for the pre-operative prophylaxis of thromboembolic
disorders (particularly deep vein thrombosis and
pulmonary embolism).
- Naratriptan and its salts
Naratriptan hydrochloride is an indole derivative that is
used in the acute treatment of migraine headache attacks
with or without aura.
- Nelfinavir and its salts
Nelfinavir mesylate is an inhibitor of the human
immunodeficiency virus (HIV) protease that is used for
the treatment of HIV infection in combination with
reverse transcriptase inhibitor nucleoside
analogues.
- Pramipexole and its salts
Pramipexole is a new non-ergot dopamine agonist indicated
for the symptomatic treatment of Parkinson's
disease.
- Quetiapine and its salts
Quetiapine is a new antipsychotic agent that is indicated
for the acute treatment of schizophrenia.
- Raloxifene and its salts
Raloxifene hydrochloride is a selective estrogen receptor
modulator that is indicated for the prevention of
osteoporosis in post-menopausal women.
- Rivastigmine and its salts
Rivastigmine tartrate is an anticholinesterase indicated
for the symptomatic treatment of patients with mild to
moderate Alzheimerís disease.
- Tamsulosin and its salts
Tamsulosin is the first of a new class of drugs indicated
for the treatment of the signs and symptoms of benign
prostatic hyperplasia.
- Tizanidine and its salts
Tizanidine is an imidazoline derivative, which acts as an
agonist at alpha2 adrenergic receptor sites. This drug is
used for the management of increased muscle tone
associated with spasticity.
- Tolcapone is used for the
treatment of Parkinson's disease.
- Tolterodine and its salts
Tolterodine is a competitive muscarinic receptor
antagonist used in the management of symptoms of
overactive bladders, characterized by urgency, frequency
and urge incontinence.
- Toremifene and its salts
Toremifene is used for the treatment of hormone-dependent
metastatic breast cancer in postmenopausal women.
- Valsartan and its salts
and derivatives Valsartan is an angiotensin II AT1
receptor blocker used in the treatment of mild to
moderate essential hypertension.
- Contact: Julie Gervais,
Policy Division, Bureau of Policy and Coordination,
Therapeutic Products Programme, Tower B, 1600 Scott
Street, Address Locator: 3102C5, Ottawa, Ontario, K1A
1B6. Tel: 613-952-3601; Fax: 613-941-6458; e-mail:
julie_gervais@hc-sc.gc.ca
|
|
Food and
Drug Regulations (1146 - Schedule F), amendment
This
amendment would update Schedule F to require prescription
status for six new drug substances being added to Part I. In
addition, amendments would correct the spelling of dimethyl
sulfoxide in the French version of Part I of Schedule F.
The drug
substances to be added to Schedule F are as follows:
- Betaine and its salts, an
anti-homocysteine agent indicated for the treatment of
homocystinuria.
|
Food and
Drugs Act, subsection 30
Published in
the Canada Gazette Part I on May 15, 1999
|
- Candesartan and its salts
and derivatives, an angiotensin II AT1 receptor blocker
indicated for the treatment of hypertension.
- Capecitabine and its salts
and derivatives, an antineoplastic agent indicated for
the treatment of metastatic carcinoma of the breast that
has progressed or recurred following therapy with
anthracyclines and/or taxanes.
- Clopidogrel and its salts,
a platelet aggregation inhibitor indicated for the
secondary prevention of vascular ischemic events in
patients with a history of symptomatic atherosclerotic
disease.
- Delavirdine and its salts,
an inhibitor of Human Immunodeficiency Virus 1 reverse
transcriptor indicated for use in combination with the
reverse transcriptase inhibitor nucleo-side analogues for
the treatment of human immunodeficiency virus (HIV)-1
infection when antiretroviral therapy is warranted.
- Grepafloxacin and its
salts and derivatives, an oral fluoroquinolone antibiotic
indicated for the treatment of infections caused by
susceptible bacteria.
- Contact: Karolyn Lui,
Policy Division, Bureau of Policy and Coordination,
Therapeutic Products Programme, Tower B, 2nd Floor, 1600
Scott Street, Holland Cross, Address Locator 3102C5,
Ottawa, Ontario, K1A 1B6. Tel: 613-941-3693; Fax:
613-941-6458; e-mail: karolyn_lui@hc-sc.gc.ca
|
|
Notifiable Transactions Regulations, amendment
This
proposed amendments would enable business persons to quickly
determine what information has to be provided under the
Competition Act, if they can benefit from the exemption for
asset securitization transactions, and how to proceed with
the conversion into Canadian dollars of assets and revenues
reported in foreign currencies.
Information required from parties to specified proposed
transactions is set out in the Regulations instead of the
Act as was previously the case. The information required
(short and long forms) has been updated to include basic
information needed to assess the impact of a proposed
transaction on competition.
New
provisions exempt from the application of Part IX of the Act
asset securitization transactions, a new category of
transaction that has emerged since the Regulations came into
force. This type of transaction often meets the thresholds
for notification, but does not generally raise any
competition issues. The change reduces the regulatory burden
on business.
New
provisions specify the basis for converting assets and
revenues reported in foreign currency into Canadian dollars.
This will assist in the calculation of aggregate value of
assets and gross revenue from sales.
A
reference to subsection 110(6) of the Act is added to
sections 10 and 11 of the Regulations to take into account
the new provision of the Act relating to the acquisition of
an interest in a combination.
- Contact: Don Mercer,
Assistant Deputy Commissioner, Amendments Unit,
Competition Bureau, Industry Canada, Place du Portage,
Phase I, 21st Floor, 50 Victoria Street, Hull, Quebec,
K1A 0C9. Tel: 819-997-2868; Fax: 819-953-8535; e-mail:
mercer.don@ic.gc.ca
|
Competition Act, subsection 124(1)
Published in
the Canada Gazette Part I on May 15, 1999
|
Statutory
Instruments Regulations amendment
The
proposed changes would amend subsections 15(2) and 22(3) of
the Regulations in order to exempt from publication,
inspection and the making of copies of, remission orders
made under section 115 of the Customs Tariff for the
remission of anti-dumping and countervailing duties levied
under the Special Import Measures Act (SIMA) on any
dumped or subsidized goods that are the subject of a report
to the Minister of Finance under section 45 of the SIMA
where those orders contain information that is derived from
information that is treated as confidential under section 49
of the Canadian International Trade Tribunal Act.
These
exemptions are considered necessary in order to ensure that
anti-dumping and countervailing duty remission orders made
on the recommendation of the Minister of Finance, that
include confidential pricing information relating to certain
imported goods, are not made publicly accessible in order to
avoid serious harm to importers in the competitive
marketplace through the release of the confidential
information relating to their prices.
With
respect to the pre-conditions set out in the Act for an
exemption under subsection 15(2) of the Regulations, any
remission order exempted would affect or likely affect only
a limited number of persons which are the importers eligible
for the remission of duties authorized by the Orders. These
importers would have been identified and likely participated
in the initial SIMA section 42 Canadian International Trade
Tribunal injury inquiry and in the SIMA section 45 public
interest inquiry.
The
Department of Finance has undertaken to take reasonable
steps for the purpose of bringing the purport of any
remission order exempted by the amendment to the Regulations
to the notice of the importers that are likely to be
affected by them.
- Contact: Jacques
Desjardins, Deputy Chief Legislative Counsel
(Regulations), Department of Justice, 284 Wellington
Street, Ottawa, Ontario, K1A 0H8. Tel: 613-957-0087; Fax:
613-941-1193.
|
Statutory
Instruments Act, subparagraphs 20(c)(ii) and
(d)(iii)
Published in
the Canada Gazette Part I on May 15, 1999
|
Exempt
from Pre-Publication
and
Approved
|
Statutory
Authority
|
Manitoba
Fishery Regulations, 1987, amendment (SOR/99-189,
OIC 1999-730)
This
amendment makes it possible to use the Internet to provide
notification of the intention to vary the close times,
fishing quotas or limits on the size or weight of fish under
the Regulations. It also adds to the list of notification
methods the options of posting variation orders publishing
them in the annual Manitoba's Anglers Guide or Commercial
Harvest Schedule.
The
amendments establish a new quota of one walleye over 70 cm
per year in part of the Winnipeg River. The new quota is
necessary because of the heavy pressure on the stock of
these fish.
Also,
two bodies of water are being added to the list of High
Quality Management Waters. These are waters where lower
fishing quotas are maintained to allow for the continuation
of enhanced fishing opportunities into the future.
|
Fisheries Act,
section 43
To be
published in Canada Gazette May 12, 1999
|
|
Finally,
a number of housekeeping amendments are being made to
correct minor typographical errors and to correct several
errors in schedule references.
- Contact: Sherman Fraser,
Fisheries Branch, Manitoba Department of Natural
Resources, Box 20, 200 Saulteaux Crescent, Winnipeg,
Manitoba R3J 3W3. Tel: 204-945-7806.
|
|
Canada Pension
Plan Investment Board Regulations (SOR/99-190,
OIC 1999-731)
The
Regulations set out certain investment parameters for the
CPP Investment Board.
Most of
parameters are drawn from the Pension Benefits Standards Act
(PBSA), which sets out the normal prudential constraints
applicable to all federal and some provincial private and
public sector pension plans.
The
Regulations also detail other aspects of the
federal-provincial agreement (provincial access to a portion
of CPP funds and passive investment in domestic equity) and
set out certain disclosure requirements for the Investment
Board.
The CPP
Investment Board was established to manage the prudent
investment of CPP funds in a diversified portfolio of
securities.
In
addition to what is set out in the PBSA, these Regulations
require that the Board include a statement on the use of
options, futures and other derivatives and its financial
risk management policies.
The
regulations provide that provinces have access to 50 per
cent of new CPP funds that the Board chooses to invest in
bonds until December 31, 2000. Thereafter, this percentage
will be consistent with the percentage of bond holdings
allocated to provincial and municipal bonds by Canadian
pension funds generally. In accordance with the
federal/provincial agreement, this access will be at market
rates.
To
ensure a high degree of transparency and accountability, the
Board will be required by regulation to include in its
Annual Report, in addition to the information required by
the PBSA Regulations, the following: the total compensation
awarded to the Board's directors and the top five most
highly compensated executive officers of the Board; a
statement of the corporate governance practices of the board
of directors; the results of a special examination where one
has been undertaken in that year.
The
Regulations provide the Board with the authority to use
derivatives for limited purposes only i.e., to offset the
risk associated with an existing investment or group of
investments, or as an alter-native to investing in the
underlying asset.
- Contact: Wayne Foster
Chief, Pensions and Investment Policy, Financial Markets
Division, Department of Finance, L'Esplanade Laurier 140
O'Connor Street, 19th Floor, East Tower, Ottawa, Ontario,
K1A 0G5. Tel: 613-996-0317.
|
Canada Pension Plan Investment Board Act, section 53
To be
published in Canada Gazette May 12, 1999
|
Order Amending
the Area Control List (SOR/99-201,
OIC 1999-797); Order Canceling General Export Permit No. Ex.
11-Libya (SOR/99-202,
OIC 1999-798)
This
regulatory change removes Libya from the Area Control List
(ACL) so that export permits for goods destined to that
country will be required only for goods on the Export
Control List. Its aim is to restore the status quo prior to
the imposition of sanctions on Libya. This change is urgent
to ensure that exporters are not disadvantaged.
|
Export and
Import Permits Act, section 6
To be
published in Canada Gazette May 12, 1999
|
|
At the
same time, General Export Permit No. Ex. 11-Libya, (GEP 11),
which permits the export to Libya of certain goods only, is
to be cancelled as it will no longer be required with the
removal of Libya from the ACL.
This
regulatory change also adds the Federal Republic of
Yugoslavia to the Area Control List. The aim is to control
the export of any goods destined to Federal Republic of
Yugoslavia, specifically to ensure that exports of petroleum
and petroleum products to that country will not occur, but
also to control other products should the situation so
dictate. This is urgent given, the Kosovo crisis.
- Contact: Roger V. Lucy,
Deputy Director (Permits and Enforcement), Export
Controls Division, Export and Import Controls Bureau, 125
Sussex Drive, Ottawa, Ontario, K1A 0G2. Tel:
613-992-9167; Fax: 613-996-9933.
|
|
Lionaird
Capital Corp. Remission Order (SI/99-45,
OIC 1999-737)
This
Order remits amounts payable under the Income Tax Act as a
result of the acquisition of non-qualified investments
(notes issued by Lionaird Capital Corp.) by registered
retirement savings plans or income funds since the taxpayers
did their best to ascertain the eligibility of the
investments which they allege are now worthless.
|
Financial
Administration Act, subsection 23(2)
To be
published in Canada Gazette May 12, 1999
|
AECB Cost
Recovery Fees Remission Order, 1997 (SI/99-47,
OIC 1999-743)
This
Order provides authority for the remission of portions of
fees paid for licences or approvals under the Atomic Energy
Control Act under certain circumstances.
More
specifically, this Order applies where:
- a licence is cancelled
prior to the expiry of its term or the term of the
licence is reduced;
- the status of the
facility or activity changes and the fee prescribed for
the changed status is less than the fee prescribed for
the status prior to the change; or
- the fee for the licence
is reduced through new or amended fees regulations.
It is
estimated that future remissions under this Order will
average about $300,000 per annum.
|
Financial
Administration Act, subsection 23(2.1)
To be
published in Canada Gazette May 12, 1999
|
Pre-Published and Approved
No
comments or changes
|
Statutory
Authority
|
Canada
Pension Plan Regulations, amendment (SOR/99-192,
OIC 1999-739); Old Age Security Regulations, amendment
(SOR/99-193,
OIC 1999-740)
These
amendments are consequential to recent changes under Bill
C-2, An Act to establish the Canada Pension Plan Investment
Board and to amend the Canada Pension Plan and the Old Age
Security Act and to make consequential amendments to other
Acts, being chapter 40 of the Statutes of Canada, 1997,
which received Royal Assent on December 18, 1997.
The
enactment established the Canada Pension Plan Investment
Board and made amendments to the contribution, benefit and
funding provisions of the Plan.
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Canada Pension
Plan, subsections 42(1), 65(2) and (3), 66(2.1), 104(1) and
104.01(2), paragraph 89(1)(a); Old Age Security Act,
subsection 33.01(2), 36(2) and 37(2.1), paragraphs 34(a) and
(m)
To be
published in Canada Gazette May 12, 1999
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In
addition, a number of minor changes included provisions
dealing with the restricted cancellation of retirement
benefits in favour of disability benefits, interprogram
set-offs against Human Resources Development programs and
reimbursement to provinces, municipalities and
administrators of disability income programs. The Canada
Pension Plan (CPP) and Old Age Security Act (OAS) have also
been amended to modernize the protection of information
provisions by creating a comprehensive information
protection and disclosure code.
Most of
the regulatory amendments pertain to minor changes described
in this paragraph.
For
example:
- The new legislation
provides that over-payments may be recovered from any
amounts payable to an individual under any Act or program
administered by the Minister of Human Resources
Development. Section 42 of the Canada Pension Plan
Regulations and section 27.2 of the Old Age Security
Regulations are therefore amended to conform to the
amendments made to both Acts.
- The Canada Pension Plan
allows the Minister to reimburse a provincial or
municipal authority or administrators of disability
income programs for any advance, assistance or welfare
payment they provide for a month for which someone is
subsequently found entitled to CPP benefits. Prior to
Bill C-2, the reimbursement was limited to months after a
client signed a consent form. Bill C-2 removed that
limitation and reimbursement may now be made from the
later of the month of commencement of the CPP benefit or
the month the advance, assistance or welfare payment
commenced, regardless of when the consent form was
signed. Sections 76 and 76.1 of the Canada Pension Plan
Regulations are amended to conform to the amendments made
to the Act and to qualify the consent as being
irrevocable.
- The Old Age Security Act
also allows the Minister to reimburse a provincial or
municipal authority for any advance, assistance or
welfare payment they provide for a month for which
someone is subsequently found entitled to OAS benefits.
Like CPP, prior to Bill C-2, the OAS reimbursement was
limited to months after a client signed a consent form.
Similarly, Bill C-2 removed that limitation in the Old
Age Security Act and reimbursement may now be made from
the later of the month of commencement of the OAS benefit
or the month the advance, assistance or welfare payment
commenced, regardless of when the consent form was
signed. Section 28.1 of the Old Age Security Regulations
is therefore amended to conform to the changes made to
the Act and to qualify the consent as being
irrevocable.
- Minor amendments are made
to sections 37 and 60 of the Canada Pension Plan
Regulations and sections 2 and 28.1 of the Old Age
Security Regulations to ensure consistency with the
relevant provisions of both Acts.
- Contact: Heather
Bordeleau, Acting Director, Legislation Development
Division, Programs Directorate, Income Security Programs,
Human Resources Development Canada, Place Vanier, Tower
B, 8th Floor, Vanier, Ontario, K1A 0L1. Tel:
613-957-1626; Fax: 613-991-9119.
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Port
Authorities Works Interim Regulations (SOR/99-195,
OIC 1999-742)
This
Regulations preserve, on an interim basis, the current
regulatory regime for wharves, dredging and other marine
works when the new Canada Marine Act (CMA) comes into
effect.
The port
administrations that will be affected are Halifax, Montreal,
Prince Rupert, Quebec, Saguenay, Saint John,
Sept-Îles, St. John's, Trois-Rivières and
Vancouver.
The
Interim Regulations require port authorities for the
above-mentioned ports, prior to undertaking marine works, to
assess the impact of the works on navigation in the port and
prepare a report. The Interim Regulations also require the
port authority to take all appropriate measures if the
report indicates that the works would have an adverse effect
on safety or navigation.
The
Interim Regulations preserve the status quo and provide
greater certainty to port authorities until new permanent
operations regulations under the CMA can be completed. The
operations regulations are currently being prepared by
Transport Canada and are expected to be completed later this
year. It is expected that the operations regulations will
deal with marine works in more detail.
- Contact: Bruce Bowie,
Executive Director, Marine Policy Reform, Place de Ville,
Tower C, 20th Floor, 330 Sparks Street, Ottawa, Ontario,
K1A 0N5. Tel: 613-998-0702; Fax: 613-993-7001.
|
Canada Marine
Act, subsection 30(1)
To be
published in Canada Gazette May 12, 1999
|
Pacific
Pilotage Tariff Regulations, amendment (SOR/99-199,
OIC 1999-779)
The
amendment approves an increase in the port-to-port charges
to reflect the actual costs associated in providing this
pilotage service.
The
amendment also implements a pilot boat replacement charge,
with revenues to be deposited in a contingency fund towards
the future replacement of pilotage boats.
The
increase in port-to-port charges will produce an estimated
additional $110,000 in revenue annually. The pilot boat
replacement charge will generate an estimated $200,000 per
annum.
- Contact: D. B. McLennan,
Chairman, Pacific Pilotage Authority, 1199 West Hastings
Street, Suite 300, Vancouver, British Columbia, V6E 4G9.
Tel: 604-666-6771; Fax: 604-666-1647.
|
Pilotage Act,
subsection 34(1)
To be
published in Canada Gazette May 12, 1999
|
Pre-Published and Approved
With
comments or changes
|
Statutory
Authority
|
Status
of the Artist Act Professional Category Regulations
(SOR/99-191,
OIC 1999-736)
The
amendments prescribe certain categories of professional
self-employed artists who will be entitled to benefit from
the provisions of the Status of the Artist Act. This Act
provides a legal framework for collective bargaining between
self-employed artists and producers within the federal
jurisdiction.
The
Status of the Artist Act (S.C., 1992, c. 33) explicitly
defines certain categories of self-employed professionals
who fall within its jurisdiction. These categories include
authors, directors and performers of artistic works.
|
Status of the
Artist Act, subparagraph 6(2)(b)(iii) and section 56
To be
published in Canada Gazette May 12, 1999
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|
The Act
also empowers the Governor in Council to make regulations to
include other categories of artists within the coverage
provided by the Act, namely those who contribute to the
creation of any production in the performing arts, music,
dance and variety entertainment, film, radio and television,
video, sound-recording, dubbing or the recording of
commercials, arts and crafts, and visual arts.
More
specifically, the following are prescribed as professional
categories for the purposes of subparagraph 6(2)(b)(iii):
category 1, camera work, lighting and sound design; category
2, costumes, coiffure and make-up design; category 3, set
design; category 4, arranging, and orchestrating; and
category 5, research for audiovisual productions, editing
and continuity.
Following comments received after the proposed regulations
were prepublished in the Canada Gazette on September 5,
1998, the department decided to make a minor change to the
text by deleting the activity of "music copying" from
category 4.
- Contact: Sylvia Garcia
Soria, Senior Industry Research Officer, Federal
Mediation and Conciliation Service, Human Resources
Development Canada, Place du Portage, Phase II, Ottawa,
Ontario, K1A 0J2. Tel: 819-953-7852; Fax:
819-953-1028.
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Regulations Prescribing Cinematographic Works for the
Purposes of Section 17 of the Copyright Act (SOR/99-194,
OIC 1999-741)
These
Regulations prescribe the types of
cinematographic works in which
this right to remuneration is available.
These
Regulations also provide that the right to remuneration is
available only if the contract governing the embodiment of
the performer's performance has been concluded on or after
the date on which these Regulations come into force.
An
amendment of the Copyright Act provides for new rights for
performers. Among these is a right to remuneration in
respect of cinematographic works embodying their
performances.
More
specifically, subsection 17(2) provides that where there is
an agreement between the performer and the producer of the
cinematographic work, governing the embodiment of the
performance in the work and which includes a right to
remuneration for the reproduction or other uses of the work,
the performer may collect the residuals or remuneration from
the other party (the producer), a subsequent assignee or any
other person who subsequently owns a copyright in the work,
and who exploits the work either through its reproduction,
its performance in public or its broadcast to the public.
Subsection 17(3) limits the application of this right by
providing that it may only be exercised when the performer's
performance is embodied in a prescribed cinematographic
work.
- Contact:
Suzie Beaulieu, Legal Policy
Analyst, Intellectual Property Policy Directorate,
Industry Canada, 235 Queen Street, 5th Floor West,
Ottawa, Ontario K1A 0H5. Tel: 613-952-2377, or Michelle
L. Boudreau, Policy Analyst, Copyright Policy and
Economic Planning, Department of Canadian Heritage, 15
Eddy Street, 4th Floor, Hull, Quebec K1A 0M5. Tel:
819-997-5990.
|
Copyright
Act , subsections 17(3)
and 62(1)
To be
published in Canada Gazette May 12, 1999
|
Ministerial Orders
Approved
|
Statutory
Authority
|
Proclamation Amending the Canadian Egg Marketing Agency
Proclamation (SOR/99-186)
The
amendments to Part I of the Proclamation allow the Northwest
Territories (NWT) Egg Producers to become a member of the
Canadian Egg Marketing Agency, and to Part II of the
Proclamation, will provide for an initial quota allocation
to the NWT for 2,725,000 dozens of eggs under terms similar
to those which exist for member provinces with less than two
percent market share.
- Contact: Keith Wilkinson,
Director, Domestic Policy and Programmes, National Farm
Products Council Tel: 613-995-6752; Fax:
613-995-2097.
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Farm Products
Agencies Act, paragraph 17(2)(c)
To be
published in Canada Gazette May 12, 1999
|
Canadian
Egg Marketing Agency Quota Regulations, 1986, amendment
(SOR/99-187)
These
amendments reflect the amendment made to the Canadian Egg
Marketing Agency Proclamation to include the Northwest
Territories and update the names of certain provincial
commodity boards.
|
Farm Products
Agencies Act, paragraph 22(1)(f)
To be
published in Canada Gazette May 12, 1999
|
Canadian
Egg Marketing Levies Order, amendment (SOR/99-188)
These
amendments amend the existing levy order to reflect the
amendment of the Canadian Egg Marketing Agency Proclamation
to include the Northwest Territories and update the names of
certain provincial commodity boards.
|
Farm Products Agencies Act,
paragraph 22(1)(f)
To be
published in Canada Gazette May 12, 1999
|
Pari-Mutuel Betting Supervision Regulations, amendment
(SOR/99-196)
This
amendment adds the drugs, atipamezole and meloxicam, which
have recently entered the Canadian marketplace, to the
Schedule of prohibited drugs in the Regulations.
- Contact: Lydia Brooks,
Analytical Program 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 May 12, 1999
|
Domestic
Substances List, amendment (SOR/99-197);
Domestic Substances List, amendment (SOR/99-198)
The
first amendment deletes 63428-90-0, 68002-44-8, 68909-81-9,
152923-47-2, 152923-49-4, and 152923-54-1from Part III of
the Non-domestic Substances List.
The
second amendment adds 8068-03-9 T, 22766-82-1 T, 28430-15-1
T, 36621-48-4 N, 43011-20-7 T, 46728-75-0 N, 68153-38-8 T,
68400-06-6 T, 68400-67-9 T, 85005-23-8 T, 156559-16-9 T,
177367-19-0 N, 195074-23-8 N to Part I of the Domestic
Substances List and deletes 130905-59-8 N; deletes
22766-82-1 T, 28430-15-1 T, 36621-48-4 N, 43011-20-7 T,
46728-75-0 N, 68153-38-8 T, 68400-06-6 T, 68400-67-9 T,
156559-16-9 T from Part I of the Non-domestic Substances
List; and adds 13 substances to Part II of the Domestic
Substances List.
- Contacts:
Martin Sirois, 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)
To be
published in Canada Gazette May 12, 1999
|
Order
Amending General Export Permit No. 12-United States Origin
Goods (SOR/99-203)
This
amendment adds Libya to the list of countries to which
export of USA origin goods are not authorized under GEP
12.
The
amendment complements the Order removing Libya from the Area
Control List (ACL) by ensuring that individual export
permits will still be required for USA origin goods destined
to that country. Its aim is to prevent Canada from being
used as a route by which embargoed USA origin goods might be
diverted to Libya.
- Contact: Roger V. Lucy,
Deputy Director (Permits and Enforcement), Export
Controls Division, Export and Import Controls Bureau, 125
Sussex Drive, Ottawa, Ontario, K1A 0G2. Tel:
613-992-9167; Fax: 613-996-9933.
|
Export and
Import Permits Act, subsection 10(1)
To be
published in Canada Gazette May 12, 1999
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