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Exempt from
Pre-Publication
and Approved
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Statutory Authority
&
Regulatory Plan Listing
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Order Prohibiting Entry on Certain Lands in the Yukon
Territory (1997, No. 7, Nordenskiold Wetland Area)
(SOR/97-444,
OIC 1997-1304); Order Respecting the Withdrawal of
Certain Lands in the Yukon Territory (Nordenskiold
Wetland Habitat Protection Area, Y.T.)
(SI/97-113,
OIC 1997-1305)
These Orders respond to the request by the Yukon
Government that the Nordenskiold Wetland Area on the
Nordenskiold River be a protected wetland habitat area.
In order to ensure that no new third-party interests
are created on these lands, an Order Prohibiting Entry on
Certain Lands in the Yukon Territory pursuant to section
98 of the Yukon Placer Mining Act and section 14.1
of the Yukon Quartz Mining Act has been issued.
This Order, required pursuant to the Little
Salmon/Carmacks First Nation Final Agreement, which is
expected to be ratified in 1997, will come into effect on
the date the agreement comes into force and end on August
31, 2000.
Contact: Ian Sneddon, Chief, Land Management
Division, Department of Indian Affairs and Northern
Development, Les Terrasses de la Chaudière, 10
Wellington Street, Ottawa, Ontario, K1A 0H4. Tel:
819-997-9090; Fax: 819-953-2590.
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Yukon Placer Mining Act, section 98; Yukon
Quartz Mining Act, section 14.1; Territorial Lands
Act, paragraph 23(a)
INAC/R-1-I;
To be published in Canada Gazette October 1, 1997
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Customs Duties Reduction or Removal Order, 1988,
amendment
(SOR/97-440,
OIC 1997-1299)
The Customs Duties Reduction or Removal Order,
1988, introduces temporary tariff codes, which are
designed to rectify structural problems in the Customs
Tariff and/or to assist Canadian manufacturers in
competing more effectively with imports by providing Free
or reduced rates of duty on inputs. This Order amends the
Customs Duties Reduction or Removal Order, 1988 by
introducing 11 new temporary codes.
The estimate of revenue foregone to the Government as
a result of this Order is approximately $1,381,100.
Contact: Deborah Hoeg, International Trade Policy
Division, Department of Finance, Ottawa, Ontario, K1A
OG5. Tel: 613-996-7099.
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Customs Tariff, paragraph 68(1)(a)
FIN/97-1
To be published in Canada Gazette October 1, 1997
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Textured Polyester Filament Yarn Remission Order
(SOR/97-441, OIC 1997-1300)
This Order extends the remission of customs duties on
textured polyester filament yarn imported for weaving
broadwoven fabric for a further two years.
The original remission order was introduced in 1990
and renewed in 1995 until Dec. 31, 1996; this order
extends the remission until December 31, 1998.
Total remissions are expected to be some $3-million.
Contact: Osborn Todd, International Trade Policy
Division, Department of Finance, Ottawa, Ontario, K1A
0G5. Tel: 613-996-6479.
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Customs Tariff, section 101
FIN/97-13
To be published in Canada Gazette October 1, 1997
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Chloralkali Electrolyser Remission Order, 1997
(SOR/97-442,
OIC 1997-1301)
This Order remits customs duties on chloralkali
electrolyser cells and membranes, imported on or after
September 1, 1996, for use in the manufacture of chlorine
and sodium hydroxide. This relief was sought by ICI
Canada Inc.
Tariff relief eliminates an inequity regarding certain
imported electrolyser equipment.
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Customs Tariff, section 101
FIN/97-13
To be published in Canada Gazette October 1, 1997
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In 1990, the Chemetics Electrolyser Remission
Order, remitted the duty on similar electrolyser
cells for a plant run by a competitor of ICI.
In addition, traditional membranes used in the
production of chlorine and sodium hydroxide are duty-free
under tariff code 0451. The membranes imported by ICI,
however, because of technological changes are subject to
a tariff.
The goods on which duty is being remitted are not
available from Canadian production.
This Order would result in $770,000 in customs duties
foregone.
Contact: Randy Freda, International Trade Policy
Division, Department of Finance, Ottawa, Ontario, K1A
0G5. Tel: 613-992-0539.
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Regulations Amending the
Valuation for Duty Regulations
(SOR/97-443,
OIC 1997-1303)
The purpose of the amendment is to provide a
definition for the phrase "purchaser in Canada", to
provide more certainty in valuation.
More specifically, for the purposes of subsection
45(1) of the Customs Act, "purchaser in Canada" means:
- a) a resident;
- b) a person who is not a resident but who has a
permanent establishment in Canada; or
- c) a person who is neither a resident nor has a
permanent establishment in Canada, and who imports the
goods, for which the value for duty is being
determined,
i) for consumption, use of enjoyment by the person in
Canada, but not for sale, or
ii) for sale by the person in Canada, if, before the
purchase of the goods, the person has not entered into an
agreement to sell the goods to a resident.
The amendment comes into force September 17, 1997.
Contact: Stuart MacDonald, A/Director, Valuation
Division, Trade Administration Branch, Revenue Canada,
9th floor, Sir Richard Scott Building, 191 Laurier Avenue
West, Ottawa, Ontario, K1A OL5. Tel: 613-954-7335.
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Customs Act, subsection 35(1), paragraph
164(1)(h.1)
RC/96-3-I
To be published in Canada Gazette October 1, 1997
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Regulations Amending the Application of Provincial
Laws Regulations
(SOR/97-445,
OIC 1997-1307)
This amendment will allow for the service by mail of a
ticket for any unlawful parking, standing or stopping of
a vehicle on a federal property in New Brunswick, as well
as providing a means for proving the service of such a
ticket.
The change provides an alternative procedure to the
Criminal Code process.
The amendments come into force September 17, 1997.
Contact: Michel Gagnon, Director, Contraventions
Project, Department of Justice, 344 Wellington Street,
Ottawa, Ontario, K1A 0H8.Tel: 613-998-5669; Fax:
613-998-1175.
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Contraventions Act, section 65.1
Jus/97-2-I
To be published in Canada Gazette October 1, 1997
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Proof of Origin of Imported Goods Regulations,
amendment
(SOR/97-446,
OIC 1997-1307)
The amendment relaxes the requirement to produce the
proof of origin form at the time of importation of goods
in order to facilitate the flow of goods at the border.
The amendments come into force September 17, 1997.
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Customs Act, subsection 35.1(4), paragraph
164(1)(i)
RC/97-2-L
To be published in Canada Gazette Oct. 1, 1997
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More specifically:
- Subsection 4(2), as amended, allows as proof of
origin either the currently prescribed proof of origin
Form A (which is produced under the auspices of the
United Nations) or a written and signed exporter's
statement of origin in the form set out in the new
Schedule to the Regulations. The statement must be
completed and signed by the exporter of the goods in
the beneficiary country and may be provided on a
Canada Customs Invoice, a commercial invoice, or as a
separate document to the importer or agent.
- The revised subsection 4(3) of the Regulations
exempts commercial importers from the requirement to
furnish proof of origin in hard copy for each
importation. This exemption applies provided the
importer or owner claiming the preferential tariff
treatment makes a declaration that the required proof
of origin is in his or her possession.
- Subsection 4(5) now serves to clarify that in
respect of commercial goods originating in the
People's Republic of China and shipped through Hong
Kong, proof of origin documentation must be completed
and signed by the producer in the People's Republic of
China or by the exporter in Hong Kong.
- The separate exemption from the proof of origin
form with respect to commercial importations of
instant coffee has been dropped altogether, as the
import permit requirement for instant coffee was
eliminated on July 4, 1989, under Order in Council
P.C. 1989-2205. That exemption for instant coffee is
no longer required since importers can use the
procedure set out above, which was also the procedure
allowed for instant coffee prior to this amendment.
- With respect to casual, non-commercial
importations, the previous requirement for a written
statement from the vendor certifying the origin of the
goods is entirely eliminated. As long as there is no
evidence to indicate that the goods originate
elsewhere, importations of casual goods from one of
the beneficiary countries will be entitled to receive
the full benefit of the GPT, CARIB CAN or LDDC tariff
treatments. This change will bring the Regulations
fully into line with present administrative practice.
Contact: Leah Kember, Origin Determination
Directorate, Valuation Division, Trade Administration
Branch, Revenue Canada, 6th floor, Connaught Building,
555 MacKenzie Avenue, Ottawa, Ontario, K1A OL5. Tel:
613-952-2789; Fax: 954-2224.
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Pre-Published and Approved
With comments or changes
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Statutory Authority
&
Regulatory Plan Listing
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Wildlife Area Regulations,
amendment
(SOR/97-439,
OIC 1997-1294)
The Wildlife Area Regulations have been amended
to prohibit possession, while fishing, of any
lead sinker or
jig less than 50 grams
in National Wildlife Areas
(NWAs) where sport fishing is
authorized through permit or notice.
The Department of Canadian
Heritage recently amended the National Parks Fishing
Regulations to prohibit the possession and use of
lead sinkers or jigs while fishing in national parks.
"Lead sinker" is defined as an object containing more
than 1% by weight of lead used to sink a fishing line.
"Lead jig" is defined as a weighted hook containing more
than 1% by weight of lead used for fishing.
The action is consistent with Canada's
1995 Toxic Substance Management
Policy, and with commitments called for under a number of
international initiatives in which Canada is active.
Other governments have already enacted prohibitions on
the use of lead. Great Britain
banned the sale of all small
lead fishing weights in 1987, due to the widespread
lead poisoning of
mute swans. In the
U.S., Yellowstone National Park
has banned the use of lead
split-shot sinkers, lead-headed
jigs, and soft lead-weighted
ribbons. Red Rock Lakes
National Wildlife Refuge in Montana has also banned the
use of all lead fishing sinkers. In addition, the U.S.
Environment Protection Agency is proposing a ban on the
manufacture, processing, and sale of small lead sinkers.
High quality, affordable non-toxic alternatives to
lead sinkers and jigs are commercially available in
Canada. While these non-toxic alternatives are more
expensive than lead, it is anticipated that only minimal
expenditure increases will be incurred by anglers. The
average angler's total seasonal expenditure is about
$500. The annual budgetary increase for the average
angler as a result of switching to non-toxic sinker and
jig products is expected to be less than 1 percent.
The proposal was prepublished in the Canada Gazette
Part I on November 9, 1996 (See Regulatory
Affairs, Vol. 2, No. 43, pp. 1-2, November 9, 1996).
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Canada Wildlife Act,
section 12
EC/96-12-L;
HER/95-3-O-L
Published in Canada Gazette November 9, 1996
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Several stakeholders, including two provinces,
questioned the scientific basis for the ban and expressed
the concern that the changes were the first step leading
to a broad ban on the use of lead sinkers and jigs.
Contact: Terry Mueller,
Regulatory Analyst, Program, Analysis and Coordination,
Canadian Wildlife Service, Conservation and Protection,
Environment Canada, Ottawa, Ontario, K1A 0H3. Tel:
613-997-1272.
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Motor Vehicle Safety
Regulations, amendment (Section 208 "Occupant Restrain
Systems in Frontal Impact" and Section 210 "Seat Belt
Anchorages")
(SOR-97-447;
OIC 1997-1311)
Under this amendment, as of January 1, 1998, manual
three-point seat belts are required at the front outboard
seating positions of all vehicles with a gross vehicle
weight rating (GVWR) of 4 536 kg or less. This includes
multipurpose vehicles (MPVs) and Sports Utility Vehicles
(SUVs).
The earlier proposal had an effective date of Sept. 1,
1997.
This amendment also gives explicit permission for air
bag cut-off switches to be installed in vehicles that do
not have rear seats and in vehicles where there is
insufficient room in the rear seat to properly install an
infant restraint system or a rearward-facing child
restraint system.
In addition, with the exception of vehicles
manufactured for operation by persons with disabilities,
passenger cars and trucks and multipurpose passenger
vehicles with a GVWR of 3 856 kg or less are subject to
dynamic testing.
The fitment of air bags remains optional, and
automatic seat belts are no longer permitted.
This amendment also introduces new criteria for
evaluating head and chest protection. For vehicles
equipped with seat belts only, head protection must be
measured in terms of maximum resultant head acceleration,
which is limited to 80 g. For vehicles equipped with air
bags, either resultant head acceleration may be used or
the Head Injury Criterion, but at a lower limit of 700,
as calculated over a shorter maximum time interval of 15
milliseconds. The HIC36 of 1000 limit is no longer
acceptable.
Chest protection, which was formerly measured in terms
of resultant acceleration, is now evaluated in terms of
chest compression. Subject to the implementation schedule
outlined below, the limit for passenger cars, and trucks
and multipurpose passenger vehicles with a GVWR of 2 722
kg or less, is 50 mm. For trucks, buses, and multipurpose
passenger vehicles with a GVWR greater than 2 722 kg and
less than or equal to 3 856 kg, and with an unloaded
vehicle weight (UVW) less than 2 495 kg, the limit is 60
mm.
Several changes have also been made to the testing
conditions. It is no longer permissible to use the Hybrid
II Anthropomorphic Test Device in dynamic testing; only
the Hybrid III ATD may be used. The rollover and
side-impact tests have been eliminated, and to further
standardize testing conditions, the angle of the
collision barrier has been restricted to 90°
plus/minus 5° from the line of travel.
New air bag labelling requirements have also been
introduced. One or more labels must be affixed on or near
the sun visor, in both English and French, warning users
not to install an infant restraint system or a
rearward-facing child restraint system at a seat equipped
with an air bag and not to sit too close to the air bag
module.
Where there is no air bag at the front passenger
position, the caution against installing a
rearward-facing infant restraint system is not required.
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Motor
Vehicle Safety Act, S.C., 1995, c. 16
1995-TC-67
To be published in Canada Gazette Oct. 1, 1997
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Where the vehicle is equipped with an air bag cut-off
switch, the caution must warn against installing the
restraint system without first deactivating the air bag.
These cautions must also be included in the owner's
manual, with an additional warning against placing
objects on the air bag module or between the module and
the occupant. In addition, the owner's manual must
contain information on how to operate the air bag cut-off
switch, a statement explaining when it should be used,
and a warning about the consequences of its misuse. The
Regulation stipulates the content, but not the specific
wording, of warning labels and the cautions that must be
included in owners' manuals. This approach permits the
use of labels that conform to the requirements of the
U.S.
Several changes have also been made to the testing
conditions. It is no longer permissible to use the Hybrid
II Anthropomorphic Test Device in dynamic testing; only
the Hybrid III ATD may be used. The rollover and
side-impact tests have been eliminated, and to further
standardize testing conditions, the angle of the
collision barrier has been restricted to 90°
plus/minus 5° from the line of travel.
In addition to amending section 208, this regulatory
initiative also makes two changes to section 213.1,
"Infant Restraint Systems". A requirement has been added
for infant restraint systems and rearward-facing child
restraint systems to bear a warning not to install them
in the front seat of a vehicle equipped with a
passenger-side frontal air bag. In addition, the
installation instructions for infant restraint systems
and rearward-facing child restraint systems must explain
the consequences of disregarding this warning. The
Department published its intention to make these changes
to section 213.1 in the Canada Gazette Part I on March 2,
1996, and no comments were received. It was subsequently
decided to include these requirements in this amendment.
Changes of an editorial nature have also been made to
section 208. The text has been rewritten to clarify its
meaning, the title has been changed to "Occupant
Restraint Systems in Frontal Impact", and related
provisions have been grouped under separate headings. The
requirements that applied to automatic seat belts have
been deleted, and a number of changes were made with
regard to definitions. The term "air bag" has been
defined in subsection 2(1) of the Regulations, replacing
the previously used expressions "gas-inflated occupant
protection system" and "automatic occupant protection
system that may be deployed when the vehicle is involved
in a collision". Definitions for the terms "special
driver accommodation" and "vehicle manufactured for
operation by persons with disabilities" have been added
to subsection 2(1), and the definition for "Seating
Reference Point" has been revised to make it consistent
with that of the U.S.
With the exception of the requirements governing head
and chest protection, the provisions outlined above come
into effect on January 1, 1998.
The effective date of the new requirements for the
Belt-Fit Test Device (BFTD) has been postponed to
September 2001 for passenger cars and September 2002 for
trucks, buses, and multipurpose passenger vehicles with a
GVWR of 3 856 kg or less. The industry had requested that
more research be carried out before the BFTD becomes
mandatory.
Contact: André
St-Laurent, Road Safety and Motor Vehicle Regulation,
Transport Canada, 344 Slater Street, Ottawa, Ontario. K1A
0N5. Tel: 613-998-1964
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Ministerial Orders
Approved
|
Statutory Authority
&
Regulatory Plan Listing
|
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The four amendments add 29 substances to Part I of the
Domestic Substances List (DSL).
The additions are:
- 68130-35-8; 117527-94-3;
- 25214-36-2 T; 28431-58-5 T;28477-54-5 T;
63744-65-0 T; 65104-04-3 T; 68130-35-8 T; 68475-51-4
T; 103991-34-0 T; 110553-27-0 T;127733-92-0 T;
141091-62-5 T; 147358-21-2 T;
- 26916-05-2 T;29911-28-2 T; 36487-02-2 T;
64652-60-4 N; 68333-71-1 T; 72828-34-3 T; 117581-13-2
T; 130800-24-7 T; 150409-26-0 T; 176429-34-8 T;
- 22677-47-0; 27288-99-9; 68441-69-0; 68834-14-0;
77402-38-1.
The Orders come into effect on September 16, 1997.
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
Branch, Regulatory Affairs & Program Integration
Directorate, Department of the Environment, Hull, Quebec
K1A 0H3. Tel: 819-953-1172.
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Canadian Environmental
Protection Act, subsection 25 (1)
Not included in Regulatory Plan
To be published in Canada Gazette October 1, 1997
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RCMP External Review
Committee Rules of Practice and Procedure, amendment
(SOR/97-437)
The amendments correct problems identified by the
Standing Joint Committee for the Scrutiny of Regulations
and make several technical changes.
The changes to correct problems identified by the
Standard Joint Committee include:
- changes to the process set out under sections 7
and 8 of the Rules, designed to ensure that the
process of providing written submissions to the Review
Committee meets the requirements of natural justice;
- changes to paragraph 12(b) of the Rules to reflect
the process more accurately;
- changes to sections 19 and 20, to reflect the
wording under the RCMP Act more accurately.
The Order comes into effect on September 16, 1997.
Contact: Shawn Scromeda, Deputy Registrar, RCMP
External Review Committee, P.O. Box 1159, Station "B",
Ottawa, Ontario, K1P 5R2. Tel: 613-998-2134.
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Royal Canadian Mounted Police Act, section 29
Not included in Regulatory Plan
To be published in Canada Gazette October 1, 1997
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