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Proposed Regulations
for Pre-Publication in Part I,
Canada Gazette
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Statutory Authority
&
Regulatory Plan Listing
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Prohibition of Certain Toxic
Substances Regulations, amendment
The proposed Regulations would prohibit the
manufacturing, use, processing, offer for sale, sale and
importation into Canada of
(4-Chlorophenyl)cyclopropylmethanone,
0-[(4nitrophenyl)methyl]oxime.
The purpose of the Regulations is to prevent its use
in Canadian commerce. The substance was previously
prohibited temporarily from being manufactured or
imported for two years; the prohibition expires December
20, 1997.
The substance will be placed on the list of Toxic
Substances (Schedule I) of the Canadian Environment
Protection Act (CEPA), inserted to the Schedule of
the Regulations at the date of entry into force of the
proposed amendment, and will be added to the List of
Prohibited Substances, Schedule II, Part I of CEPA.
Contact: Nathalie Tremblay, Commercial Chemicals
Evaluation Branch, Pollution Prevention Directorate,
Environmental Protection Service, Department of the
Environment, Ottawa, Ontario, K1A 0H3. Tel: 819-953-4122;
Arthur Sheffield, Regulatory and Economic Assessment
Branch, Regulatory Affairs and Program Integration
Directorate, Environmental Protection Service, Department
of the Environment, Ottawa, Ontario, K1A 0H3. Tel:
819-953-1172.
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Canadian Environmental Protection Act,
subsection 34(1)
Not included in Regulatory Plan
To be published in Canada Gazette October 4, 1997
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Order Adding a Toxic Substance to Schedules I and
II of the Canadian Environmental Protection Act
The proposed Order would add
(4-Chlorophenyl)cyclopropylmethanone,
0-[(4nitrophenyl)methyl]oxime to Schedule I of the
Canadian Environmental Protection Act (CEPA) and would
add the substance to Part I or Schedule II, after item
10.
The Order comes into force on the date on which it is
registered.
Objections to the proposed order must be filed within
60 days of the Canada Gazette Part I publication.
Contact: Nathalie Tremblay, Commercial Chemicals
Evaluation Branch, Pollution Prevention Directorate,
Environmental Protection Service, Department of the
Environment, Ottawa, Ontario, K1A 0H3. Tel: 819-953-4122;
Arthur Sheffield, Regulatory and Economic Assessment
Branch, Regulatory Affairs and Program Integration
Directorate, Environmental Protection Service, Department
of the Environment, Ottawa, Ontario, K1A 0H3. Tel:
819-953-1172.
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Canadian Environmental Protection Act,
subsections 33(1) and 41(1)
Not included in Regulatory Plan
To be published in Canada Gazette October 4, 1997
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Canada Occupational Safety and
Health Regulations, amendment (Diving Operations)
The proposed regulations would establish requirements
relating to the training and medical certification of
divers as well as procedures to be followed by employers
and divers to meet recognized standards of operational
and equipment safety in all aspects of diving operations.
They would cover diving operations conducted for the
purposes of scientific research, criminal investigation,
and underwater construction and inspection.
The proposed regulation would apply to all diving
operations taking place under federal jurisdiction,
except those subject to the following regulations: the
Canada Oil and Gas Diving Regulations, the Nova
Scotia Offshore Area Petroleum Diving Regulations and
the Newfoundland Offshore Area Petroleum Diving
Regulations.
The impetus for this proposed new regulation was an
accident that claimed the lives of two divers working at
the St. Lawrence Seaway. A subsequent coroner's inquest
recommended regulation of diving operations as a
preventative measure to maximize the divers' safety, and
specifically, to reduce the risk of fatal accidents.
Contact: Diane Rguem, Senior Legislative Officer,
Hull, Quebec, K1A 0J2. Tel: 819-953-0230; Fax:
819-953-1743.
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Canada Labour Code, sections 125, 126 and 157
HRD/94-8-I; HRDC/95-8-0-I
To be published in Canada Gazette October 4, 1997
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Laurentian Pilotage Tariff Regulations, 1996,
amendment
The proposed changes to the regulations will increase
all pilotage tariffs by 5% on January 1, 1998 and by a
further 3% on January 1, 1999.
The proposed regulation would also repeal the
Laurentian Pilotage Authority Pilot Boat Tariff
Regulations, 1997, since these regulations would
cover pilot boat charges.
The port to port charge is to be increased by $600 per
occurrence, generating an estimated $180,000 in revenue.
The proposed tariffs will increase costs to users by
an estimated $1,679,000 in 1998 and $1,059,000 in 1999.
The regulations would come into effect January 1,
1998.
Contact: Jean-Claude Michaud, Chairman, Laurentian
Pilotage Authority, P.O. Box 680, Tour de la Bourse,
Montréal, Quebec, H4Z 1J9. Tel: 514-496-1501; Fax:
514-496-2409.
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Pilotage Act, section 33
TC/97-5-L
To be published in Canada Gazette October 4, 1997
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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. 8, Fort Selkirk Historic Site, Y.T.)
(SOR/97-459,
OIC 1997-1424); Order Respecting the Withdrawal of
Certain Lands in the Yukon Territory (Fort Selkirk
Historic Site, Y.T.)
(SI/97-117,
OIC 1997-1425)
These Orders protect the Fort Selkirk Historic Site as
a historic site pursuant to the land negotiations under
the Selkirk First National Final Agreement. No new
third-party interests are to be created on the identified
lands for three years from the effective date of the
Final Agreement, which was expected to be ratified in
August, or until a management plan is approved.
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.
The Order 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 15, 1997
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Order Prohibiting Entry on Certain Lands in the Yukon
Territory (1997, No. 9, Tombstone Territorial Park
Reservation, Y.T.)
(SOR/97-460,
OIC 1997-1426); Order Respecting the Withdrawal of
Certain Lands in the Yukon Territory (Tombstone
Territorial Park Reservation, Y.T.)
(SI/97-118,
OIC 1997-1427)
These Orders protect the proposed Tombstone
Territorial Park, whose boundaries would be expanded
beyond those covered in an earlier Order (OIC P.C.
1994-239), pursuant to land claim negotiations with the
Tr'on dek Hwech'in (Dawson First Nation).
The Prohibition Order will protect the lands in the
Tombstone Territorial Park Reservation against locating,
prospecting or mining as per the Agreement with the Tr'on
dek Hwech'in.
The Order comes into force October 2 and ends December
31, 1999.
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 15, 1997
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Order Amending Schedule II to the Yukon First Nations
Self-Government Act
(SOR/97-456,
OIC 1997-1420)
The Order adds to Schedule II the following: Little
Salmon/Carmacks First Nation.
The Order comes into effect on October 1, 1997.
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Yukon First Nations Self-Government Act,
subsection 5(2)
Not included in Regulatory Plan
To be published in Canada Gazette Oct. 15, 1997
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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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Copyright Regulations
(SOR/97-457,
OIC 1997-1422); Copyright Fees Order, repeal
(SOR/97-458)
The current Copyright Rules are repealed in their
entirety and replaced with new regulations called the
Copyright Regulations. Also repealed is the
Copyright Fees Order.
The changes reflect a number of events:
- the repeal of the compulsory licensing regimes for
books in order to meet the harmonization obligations
under the North American Free Trade Agreement (NAFTA).
The former royalty system and Forms 1-8 in the
Copyright Rules have been repealed.
- the move to cost recovery for all fees for
services provided by the Copyright Office. The
Copyright Fees Order is repealed and the fees are
instead incorporated as a Schedule to the Regulations.
The fees are being increased.
- the passage of Bill C-32, An Act to amend the
Copyright Act. The new Regulations set out a
modernized copyright registration process administered
by the Copyright Office. The Copyright Office will now
cover registration of performer's performances, sound
recordings, and communication signals.With regard to
the registration process, other changes include:
- elimination of the mandatory use of approved
application forms and instead permits applicants to
provide necessary information in a form they find
convenient;
- the provision of names and addresses of parties
involved registrations of an assignment of copyright
or a licence granting an interest in copyright, along
with a description of the interest being transferred
and the title and registration number, where
applicable.
- the ability of the Copyright Office to close
pending applications where there has been a lengthy
period of inactivity and where the Office has sent to
the applicant a notice of intention to close the file.
Once a file is closed in this manner, it cannot be
reactivated except by a new application.
The proposed fees set out in the Tariff of Fees
Schedule include:
- a fee of $65 for accepting an application for
registration of a copyright under sections 55 and 56
of the Act, accepting for registration an assignment
or licence of a copyright pursuant to section 57 of
the Act, processing a request for accelerated action
on an application for registration of a copyright or
for registration of an assignment, licence or other
document, or correcting a clerical error in any
instrument of record including, without further fee,
issuing a corrected certificate of registration of
copyright, pursuant to section 61 of the Act, or
processing a request to include in the Register of
Copyrights any other document affecting a copyright.
- a fee of $35 for the certificate certifying a copy
of a document;
- a fee of $50 for each page for certifying a copy
of a document;
- a fee of $50 for providing copies of or extracts
from the Register of Copyrights, or copies of
certificates, licences or other documents, for each
page.
The Regulations, which come into effect Oct. 1, 1997,
were prepublished in the Canada Gazette Part I on Aug. 9,
1997 (see Regulatory Affairs, Vol. 3, No. 29, p.
3, Aug. 9, 1997). Some comments received raised concerns
about the increase in copyright registration fees.
Contact: Linda Steingarten, Registrar of Copyrights
Phase I, 50 Victoria Street, Hull, Quebec, K1A 0C9. Tel:
819-997-1657; e-mail: Steingarten.linda@ic.gc.ca.
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Copyright Act, sections 59 and 62
IC/94-6-I
To be published in Canada Gazette October 15, 1997
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Lego Canada Inc. Remission Order, No. 2
(SOR/97-461,
OIC 1997-1428)
This Order remits to Lego Canada Inc. (Lego) the
amount of $43,400.28 in customs duties and sales taxes.
It is the result of 18 accounting documents that were
omitted in the Lego Canada Inc. Remission Order, P.C.
1996-1789.
This remission compensates Lego for the amount of
duties and taxes that would otherwise have been refunded
had it not been for the erroneous advice given to the
importer by the Department.
Departmental officials assessed a rate of duty under
the Most-Favoured-Nation Tariff treatment on plastic toy
construction sets imported into Canada by Lego during the
period 1989 to 1993. Lego maintained that the goods
qualified for United States Tariff treatment at a lower
rate of duty. It subsequently filed appeals to the
Department. However, following erroneous information
provided by departmental officials on the appeals
process, Lego did not submit claims for refund. of duties
on shipments imported between August 1990 and April 1992.
Thus, some of the shipments imported by Lego were not
covered by protective appeals and were ineligible for a
refund when it was determined that the goods qualified
for the lower rate of duty.
Contact: Megan Clifford, A/Secretary,
Interdepartmental Remission Committee, Department of
National Revenue, 6th Floor, Connaught Building,
MacKenzie Avenue, Ottawa, Ontario, K1A 0L5. Tel:
613-952-7915.
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Customs Tariff, section 101
RC/R-32-L
To be published in Canada Gazette October 15, 1997
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Kulka Distributors Limited Remission Order
(SOR/97-462,
OIC 1997-1429)
This Order remits some $62,405.66 in outstanding
duties had accumulated which Kulka Distributors Limited
had been led to believe would not become payable. That
amount represents an unforeseen and unrecoverable expense
for the small business and, if collected, would create an
economic hardship for Kulka.
Contact: Megan Clifford, A/Secretary,
Interdepartmental Remission Committee, Department of
National Revenue, 6th Floor, Connaught Building,
MacKenzie Avenue, Ottawa, Ontario, K1A 0L5. Tel:
613-952-7915.
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Customs Tariff, section 101
RC/R-32-L
To be published in Canada Gazette October 15, 1997
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Motor Vehicle Safety
Regulations, amendment (section 111, "Rearview Mirrors")
(SOR/97-463,
OIC 1997-1432)
This amendment, which pertains mainly to the mirror
systems on school buses, introduces a
performance-oriented standard for school bus mirror
systems that requires bus drivers to be able to see,
either directly or through mirrors, specified areas in
front of and along the sides of school buses.
By eliminating the blind spots around school buses,
the changes to the requirements governing school bus
rearview mirror systems will improve the safety of
children in school bus loading zones and reduce the
number of child deaths and injuries that occur each year.
Given that the new standard would add less than $625,000
a year to school bus manufacturing costs, the Government
believes the potential safety benefits of the proposed
changes would far outweigh the cost of more stringent
outside rearview mirror requirements.
In order to improve school bus safety to the extent
that the Department of Transport believes is feasible,
several requirements have been adopted that do not
harmonize with requirements of the U.S.
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Motor Vehicle Safety
Act, S.C., 1993, c. 16
Not included in Regulatory Plan
To be published in Canada Gazette October 15, 1997
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In addition to introducing new requirements for school
bus mirror systems, this amendment clarifies the
provision governing the reflectance of mirrors, the
previous wording of which may have given the impression
that it was not permissible to use electrochromic
mirrors. The heading of section 111 has also been changed
from "Rearview Mirrors" to simply "Mirrors", and the
Regulation has been reorganized and revised in order to
make it easier to understand. The requirements governing
the mirrors of vehicles other than school buses remain
the same.
According to collision statistics, the school bus is
one of the safest means of transportation; however, the
current configuration of school bus mirror systems does
not provide the driver with a continuous view of the
areas in front and to the sides of the bus. As a result,
each year children are killed or injured by the school
buses they are about to board or have just disembarked.
This proposal introduces a new performance-oriented
standard for school bus mirror systems that would improve
the driver's view of the outside of the bus.
Section 111's subparagraph on reflectivity makes
specific mention of prismatic
mirrors, but not electrochromic mirrors, which may appear
to exclude the latter. In order to remove this perceived
restriction, the reference to prismatic-type mirrors
would be deleted and replaced with broader terminology.
This change would harmonize Canada's reflectivity
requirements with those of the United States.
This amendment comes into effect on November 30, 1997.
This date differs from that published in the Canada
Gazette Part I on September 28, 1996, which proposed that
the amendment would be effective on the date of its
registration by the Clerk of the Privy Council (which
would have been October 2, 1997).
After the proposal was prepublished, the Government
decided that the amendment should be effective on a
specific date. In response to queries from several school
bus manufacturers about when the effective date would be,
the Department of Transport estimated that the amendment
would be registered in the fall of 1997; consequently,
the date of November 30, 1997, was selected.
The new requirements do not apply to the mirror
systems of school buses that are already in use, which
fall under provincial or territorial jurisdiction.
As a result of comments from Quebec suggesting that
schoolbus crossview mirrors be heated, to provide the
driver with a clear view in all weather, the Department
will be studying the feasibility of requiring heated
mirrors, not only on school buses, but on all classes of
vehicle, before mandating their use.
Blue Bird Body Company made a number of comments on
the proposal that led to several changes in the
requirements of the Regulation.
In one comment, the company expressed concern about
the possible misinterpretation of proposed paragraph
111(1)(e), which stated that the driver's view of the
mirror must not be "obscured by the portion of the
windshield that is not wiped or by any opaque portion of
the vehicle structure". Blue Bird wanted to ensure that
this provision would not be interpreted as requiring the
entire mirror surface of all the mirrors to be visible
through the side windows of the bus or the wiped portion
of the windshield.
The Department revised the paragraph in order to
prevent misinterpretation. Rather than specifying that
mirrors must "be installed so that the driver's view of
the mirror is not obscured . . .". the paragraph has been
amended to state that mirrors must "be installed so that
the driver's field of view through the mirror is not
obscured . . .".
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This change makes it clear that the entire mirror
surface does not have to be visible through the side
windows of the bus or the wiped portion of the
windshield, without inviting the use of mirrors that are
larger than necessary.
Contact: Paul Lemay,
P.Eng., Automotive Safety Engineer, Road Safety and Motor
Vehicle Regulation Directorate, Transport Canada, 344
Slater Street, Ottawa, Ontario, K1A 0N5. Tel:
613-998-1967; Fax: 613-998-4831.
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Ministerial
Orders
Approved
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Statutory Authority
&
Regulatory Plan Listing
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Canadian Chicken Marketing Agency Quota
Regulations, 1990, amendment
(SOR/97-455)
This amendment, which comes into force on October 26,
1997, establishes the 1997 periodic allocation for the
period from October 26, 1997 to December 20, 1997 for
producers who market chicken in interprovincial or export
trade.
The new limits are as follows:
- production subject to federal and provincial
quotas (in live weight, kilograms), for Ontario,
51,993,001; for Quebec, 44,299,497; for Nova Scotia,
5,230,848; for New Brunswick, 4,144,762; for Manitoba,
5,981,301; for P.E.I., 606,638; for Saskatchewan,
3,335,167; for Alberta, 13,026,167; and for
Newfoundland, 2,308,800.
- production subject to periodic export quotas (in
live weight, kilograms), for Quebec, 2,736,771, Nova
Scotia, 200,000; and for Alberta, 665,000.
Contact: Canadian Chicken Marketing Agency, 377
Dalhousie Street, Ottawa, Ontario, K1N 9N8. Tel:
613-241-2800; Fax: 613-241-5999.
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Farm Products Agencies
Act, paragraph 22(1)(f)
Not included in Regulatory Plan
To be published in Canada Gazette October 15, 1997
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