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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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Gasoline Regulations, amendment
The proposed regulations
would allow an exemption, until December 31, 2002, for
all competition (racing) vehicles from the restriction on
the use of leaded gasoline.
The proposed regulations
would also require every person, involved in the
production, sale and importation of leaded racing
gasoline destined for competition vehicles, to retain
records and to submit an annual report providing
information on total quantities of leaded racing gasoline
used in Canada. The test methods used in the current
regulations to measure concentration of lead and
phosphorus would be updated.
The Minister of the
Environment may consider further control action during
the five-year exemption period if there is a significant
increase in use of leaded fuels.
Contact: Lynne Patenaude,
Commercial Chemicals Evaluation Branch, Toxics Pollution
Prevention Directorate, Environmental Protection Service,
Department of the Environment, Ottawa, Ontario, K1A 0H3.
Tel: 819-953-1671; 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 46 and 47
Not included in Regulatory
Plan
To be published in Canada
Gazette October 25, 1997
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Atlantic Pilotage Tariff
Regulations, 1996, amendment
The proposed changes to the
regulations will increase certain pilotage tariffs for
non-compulsory pilotage areas by 2.5% on January 1, 1998.
The rates affected are those
set out in section 11 and Schedules I and VI of the
regulations.
The port to port charge is
to be increased by $600 per occurrence, generating an
estimated $180,000 in revenue.
Also proposed are amendments
relating to the charges for the use of a pilot boat, as
well as for various miscellaneous charges (e.g., trial
trips, compass adjustments, safety watches and
cancellations).
The regulations would come
into effect January 1, 1998.
Contact: Captain R.
Anthony McGuiness, Chairman, Atlantic Pilotage Authority,
Purdy's Wharf, Tower 1, Suite 1402, 1959 Upper Water
Street, Halifax, Nova Scotia, B3J 3N2. Tel: 902-426-2550;
Fax: 902-426-4004.
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Pilotage Act ,
section 33
TC/97-5-L
Published in Canada Gazette
October 18, 1997
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Establishment Licensing Fees
Regulations (1056); Licensed Dealers for Controlled Drugs
and Fees Regulations; Narcotic Control Regulations,
amendment; Food and Drug Regulations, amendment
The proposed regulatory
amendments would introduces fees for establishment
licensing as part of Phase III of the federal
government's drugs program cost recovery initiative; they
would update fees for licensed dealers for controlled
drugs and narcotics (these previously had been included
in the proposed Establishment Licensing Fees
Regulations ). Also proposed are related
consequential amendments to the Narcotic Control
Regulations and to the Food and Drug
Regulations .
The proposals were
prepublished in Part I of the Canada Gazette on April 12,
1997 (see Regulatory Affairs , Vol. 3, No. 13,
pp. 1-2, April 12, 1997); the regulations would come into
effect January 1, 1998.
The latest proposals contain
a number of revisions intended to deal with comments and
concerns following the earlier prepublication. Among the
many changes are:
- a cap on total fees of
1.5% of an applicant's gross revenues from sales,
packaging, labelling, and testing of drugs (previous
fiscal year); this would respond to concerns from
smaller companies that the proposals could represent
3% or more of total sales and would therefore punish
small companies.
- adjustments to the fee
matrix to address concerns regarding risk management
and the analysis component; fees for firms dealing
schedule F and G drugs and narcotics have increased,
with fees for firms dealing with lower risk products
have decreased;
- the elimination of fees
for dosage form changes except when a fabricator moves
from a non-sterile to a sterile dosage form;
- clarification that fees
would apply to a group of buildings, all of which are
within 1 kilometre of each other and in which
activities for specific categories of drug and dosage
form classes are conducted;
- treatment of importation
as a downstream activity of fabrication and packaging
and labelling; the base fee for importation would
still apply to an importer who does not fabricate or
package and label;
- a reduction in the
foreign site assessment fees;
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Controlled Drugs and
Substances Act, subsection 55(1); Financial
Administration Act , subsection 23(2.1)
HC/96-1-M
Published in Canada Gazette
October 18, 1997
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- the substitution of a
certification of financial records relating to sales,
testing and packaging and labelling of drugs, in place
of the earlier proposal to require audited financial
statements; the certification can be by a CGA, CMA and
CA.
- the exemption from the
non-application provision for public hospitals or
public health institutions from fees when they sell
drugs to their patients, to patients of other public
hospitals or public health institutions, or to the
institutions themselves;
- the removal of the
application of dosage form class increments to the
base fees or importers or distributors of final
package products.
Contact: Chantal
Trepanier, Risk Management and Regulatory Affairs
Division, Bureau of Drug Policy and Coordination, Drugs
Directorate, Health Protection Building, Address Locator
0702B1, Tunney's Pasture, Ottawa, Ontario, K1A 0L2. Tel:
613-957-0372; Fax: 613-941-6458; e-mail:
chantal_trepanier@inet.hwc.ca.
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Canadian Aviation
Regulations (Part I), amendment
The proposed regulations
would prohibit commercial aerial sight-seeing flights
within the Québec/Jean Lesage International
Airport control zone, including flights originating from
the Saint-Augustin Lake, Quebec aerodrome, as of January
1, 1998.
The proposals would not
affect commercial aerial sight-seeing flights originating
from the Québec/Jean Lesage International Airport/
As well, private aircraft will continue to be allowed to
operate from anywhere within the control zone.
The proposed restriction
would apply to the area within a 13 kilometre radius from
the Québec/Jean Lesage International Airport, with
an extension of up to 18 km in the Lévis area.
The changes would prevent
frequent low-level flights for aerial sight-seeing
purposes over the built-up areas within the
Québec/Jean Lesage International Airport control
zone; they would also stop commercial passenger-carrying
aerial sight-seeing flights from using the Saint-Augustin
Lake aerodrome for take-offs or landings.
The proposals follow five
years of consultations in connection with a dispute
between air operators and municipalities. An earlier
attempt to control the overflight problem with noise
restrictions was not considered acceptable by
municipalities.
Contact: The Chief,
Regulatory Affairs, Civil Aviation (AARBH), Transport
Canada Safety and Security, Place de Ville, Tower C,
Ottawa, Ontario, K1A 0N8. Tel: 613-993-7284; Fax:
613-990-1198.
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Aeronautics Act ,
subsection 4.9
Not included in Regulatory
Plan
Published in Canada Gazette
October 18, 1997
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Exempt from
Pre-Publication
and Approved
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Statutory Authority
&
Regulatory Plan Listing
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Health of Animals Regulations,
amendment
(SOR/97-478,
OIC 1997-1519)
The changes allow: the
importation, under a permit, of untested feeder cattle
from certain parts of the U.S. into approved Canadian
feedlots; the importation of sheep and goats from the
U.S. under the provisions put in place for cattle in
October, 1995; and simplify the wording of the
regulations requiring that anyone collecting animal semen
or operating an animal semen production centre must have
a permit.
Restricted Canadian feedlots
would be able to import feeder cattle without testing for
anaplasmosis, bluetongue, brucellosis or tuberculosis.
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Health of Animals
Act , subsection 64(1)
Not included in Regulatory
Plan
To be published in Canada
Gazette November 12, 1997
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The Agriculture Minister
would not provide financial compensation should any of
the four diseases, above, be detected in a restricted
feedlot.
The relaxation of the import
restrictions on feeder cattle is supported by cattle
industry groups on both sides of the border.
Under the sheep and goat
import changes, animals originating from low-risk states
can be imported without bluetongue testing between
October 15 and March 31 and animals from high-risk states
imported between October 15 and January 15 would only
have to be tested once. Sheep and goats from Hawaii and
Alaska, which are recognized as free of bluetongue, would
not have to be tested.
The Artificial Insemination
changes would allow different levels of requirements for
semen, with the requirements being stricter for semen
destined for export and less strict for semen destined
for domestic use.
Contact: Dr. P.
Greenwood, Animal Health Division, Canadian Food
Inspection Agency, Ottawa, Ontario, K1A 0Y9. Tel:
613-225-2342; Fax: 613-228-6630.
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Order Respecting the
Remission of Anti-Dumping and Countervailing Duties on
Certain Specialty Sugar Products
(SOR/97-479,
OIC 1997-1523)
The remission Order
reimburses all anti-dumping and countervailing duties
assessed/collected on imports of specialty sugar products
as defined in the Order, on or after the November 6, 1995
Canadian International Trade Tribunal (CITT) injury
finding.
The remission also waives
anti-dumping and countervailing duties that would
otherwise be payable on imports of specialty sugar
products as defined in the Order until such time as the
remission Order is revoked.
The remission Order is
intended to correct a technical anomaly in the list of
goods excluded from the application of the CITT finding
(CITT Inquiry No.: NQ-95-002), arising from the narrow
description of some of the excluded goods. The remission
would thereby allow imported goods which are, apart from
the brand name, otherwise identical to some of the
already excluded goods to also be excluded from the
application of the finding.
The Order will assist
certain importers of specialty sugar products who tend to
be small firms serving a distinctive portion of the
retail market.
The Order would remit an
estimated $15,000 in anti-dumping and countervailing
duties already assessed/collected, as well as an
estimated $25,000 on a yearly basis that would otherwise
be collected.
Contact: Dean Corno,
International Trade Policy Division, Department of
Finance, Ottawa, Ontario, K1A OG5. Tel: 613-947-2086.
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Customs Tariff ,
section 101
FIN/97-13
To be published in Canada
Gazette November 12, 1997
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Order Respecting the
Remission of Anti-Dumping Duties on Certain Hot-Dipped
Galvannealed Steel Sheet for use in the Manufacture of
Non-Exposed Motor Vehicle Parts
(SOR/97-480,
OIC 1997-1524)
The remission order would
reimburse anti-dumping duties collected on imports of
certain hot-dipped galvannealed steel sheet, coating
weight 45/45 g/m 2 , 1.0 mm thick by 101 mm wide
by coil, 390 MPa/mm 2 hi-tensile, with a minimum
elongation of 40%, used in the manufacture of non-exposed
motor vehicle parts, from July 1, 1997 until the injury
finding expires or is rescinded by the Canadian
International Trade Tribunal (CITT).
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Customs Tariff ,
section 101
FIN/97-13
To be published in Canada
Gazette November 12, 1997
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Nissho Iwai Canada Ltd.
currently imports 150 metric tonnes per year of certain
hot-dipped galvannealed steel sheet. This product is not
currently available from Canadian sources and Canadian
steel producers do not intend to provide this product in
the near future.
The product is currently
subject to a 155% anti-dumping duty rate. This remission
of anti-dumping duties on this product would assist in
improving the efficiency of Nissho Iwai's Canadian
operations and provide cheaper inputs for the Canadian
production of the CAMI J-car. Based on current annual
import levels, this Order would remit an estimated
$14,800.00 in antidumping duties already
assessed/collected for the month of July and an estimated
$17,800.00 annually in anti-dumping otherwise payable on
future importation until the injury finding is expired or
revoked by the CITT.
Contact: Patrick M.
Saroli, International Trade Policy Division, Department
of Finance, Ottawa, Ontario, K1A 0A6. Tel:
613-995-1965.
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The Flower Group Inc.
Remission Order
(SOR/97-481,
OIC 1997-1528)
This Order remits $5,602.01
in customs duties to The Flower Group Inc.
Between February and
December 1994, The Flower Group imported flowers and paid
duty at the Most-Favoured-Nation Tariff (MFNT) rate of
12.5%. In early 1995 the company discovered that the
flowers they had imported were entitled to the
preferential United States Tariff (UST) duty rate of
4.9%.
The company then consulted
Customs in January 1995 to determine how to process their
claims for a refund of duties, and were advised
erroneously, that they had up to two years from the time
the goods were accounted for to file their refund claims.
When The Flower Group filed
their claims for a refund in January 1996, Customs
rejected the claims since they were beyond the one year
statutory time limit for the filing of claims for
preferential UST treatment.
The company would have
qualified for a refund of a portion of the duties paid if
it had not relied on erroneous information provided by
the Department. This remission compensates The Flower
Group for the amount of duties that would otherwise have
been refunded.
Contact: Megan Clifford,
A/Secretary, Interdepartmental Remission Committee,
National Revenue, 6th Floor, Connaught Building,
MacKenzie Avenue, Ottawa, Ontario, K1A OL5. Tel:
613-952-7915.
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Customs Tariff ,
section 101
RC/R-32-L
To be published in Canada
Gazette November 12, 1997
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Sonigem Products Inc.
Remission Order
(SOR/97-482,
OIC 1997-1530)
This Order remits $20,699.00
in customs duties, paid on importations of television
sets, to Sonigem Products Inc.
Sonigem entered a contract
with Schenker of Canada Ltd. to arrange for the routing
and control of its cargo (13" television sets) from Port
Klang, Malaysia with transhipment via the Port of Hong
Kong (at the time a British country), and from there to
be shipped directly to the Port of Vancouver, British
Columbia. Schenker International secured passage of the
company's cargo through an arrangement with Orient
Overseas Container Line Inc. (OOCL). In a letter from
Sonigem to Schenker of Canada Ltd., the company President
stressed that it was critical that the goods be shipped
directly from Malaysia with direct discharge at a
Canadian port in order to qualify for British
Preferential Tariff (BPT) treatment.
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Customs Tariff ,
section 101
RC/R-32-L
To be published in Canada
Gazette November 12, 1997
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Through no fault of its own,
the shipment was instead loaded on a vessel owned and
operated by American President Lines, Ltd. (APL) destined
for Seattle, Washington. The diversion to the APL ship
line took place without consultation with or the consent
of the importer or its agent. Consequently, the goods
were assessed duties at the Most-Favoured Nation Tariff
treatment on the television sets.
This Order compensates
Sonigem for the amount of duties which the company had to
absorb because the Revenue Department erred in its
interpretation of the exemption order at a time when
changes in departmental procedures respecting the
processing of such refund claims may not have been
communicated adequately.
Contact: Megan Clifford,
A/Secretary, Interdepartmental Remission Committee,
National Revenue, 6th Floor, Connaught Building,
MacKenzie Avenue, Ottawa, Ontario, K1A OL5. Tel:
613-952-7915.
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Regulations Repealing
Certain Regulations Made Under the Insurance Companies
Act. Miscellaneous Amendment Regulations (Department of
Finance and Office of the Superintendent of Financial
Institutions) 1997-1
(SOR/97-484;
OIC 1997-1537
The Regulations revoke two
spent regulations that no longer have legal authority as
a result of the promulgation of Bill C-82 (i.e., deletion
of section 666 in the Insurance Companies Act
): the Investment Valuation (Canadian Companies)
Regulations and the Investment Valuation
(Foreign Companies) Regulations .
Contact: Charles P.
Johnston, Legislation Officer, Legislation and Precedents
Division, Office of the Superintendent of Financial
Institutions, 255 Albert Street, Ottawa, Ontario, K1A
0H2. Tel: 613-990-7472; Fax: 613-998-6716.
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Insurance Companies Act
, subsection 666(4)
OSFI/97-5-I
To be published in Canada
Gazette November 12, 1997
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Pre-Published and Approved
No comments
or changes
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Statutory Authority
&
Regulatory Plan Listing
|
Assessment of Financial
Institutions Regulations, 1996, amendment
(SOR/97-483;
OIC 1997-1535)
The amendments combine Life
Insurance Companies and Fraternal Benefit Societies into
one pool and leave property and casualty insurance
companies in a separate pool, starting in fiscal year
1996-97, for the purpose of tracking costs of the Office
of the Superintendent of Financial Institutions (OSFI) in
supervising these financial institutions and assessing
charges for these costs against them.
The amendments also permit
OSFI to ascertain the incurred expenses for administering
the Investment Companies Act and to collect the
final assessment for investment companies for the period
April 1, 1995 to July 31, 1996, as well as the average
total assets during the 1994 calendar period for each
investment company, notwithstanding the fact that the
Act was repealed as of July 31, 1996.
In addition to correcting
the calculation of the maximum withdrawal, the amendment
also will result in a definition of the maximum annual
withdrawal which is consistent with the formula in effect
in most other jurisdictions. The proposed amendment was
prepublished in the Canada Gazette, Part I, on June 14,
1997 (see Regulatory Affairs , Vol. 3, No. 22,
pp. 2-3, June 14, 1997); the change comes into effect
September 17, 1997.
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Office of the Superintendent
of Financial Institutions Act , subsection 23(3);
An Act to amend, enact and repeal certain laws
relating to financial institutions , subsection
110(3)
OSFI/97-5-I
To be published in Canada
Gazette November 12, 1997
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Contact: Glenn
McAllister, Assistant Actuary, Office of the
Superintendent of Financial Institutions, 255 Albert
Street, Ottawa, Ont., K1A 0H2. Tel: 613-990-8055; Fax:
613-993-7394.
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Ministerial
Orders
Approved
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Statutory Authority
&
Regulatory Plan Listing
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Excise Warehousing
Departmental Regulations
(SOR/97-474)
This amendment will ensure
that the operations of a new category of bonding
warehouse (introduced by amendments to the Excise
Act ) will be secured by the guarantee bond that
must be posted as a condition of the licensing process,
as is the case with other warehouses.
The changes to the Act
extended licensing of bonding warehouses to persons
authorized by a licensed tobacco or cigar manufacturer to
distribute to accredited representatives.The change also
replaces all references to Regional Director with the
term "superior officer", which is defined in the Act. The
amendment will also allow distillers to ship small
samples of spirit on a duty free basis.
Contact: Bill Anderson,
Project Officer, Excise Duties and Taxes Directorate,
Legislative and Regulatory Affairs, Revenue Canada,
Vanier Towers, Tower "C", 7th Floor, Vanier, Ontario, K1N
0L5. Tel: 613-957-7593; Fax: 613-954-2226.
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Excise Act, subsection
58(1), section 127.1 and subsection 150(1)
Not included in Regulatory
Plan
To be published in Canada
Gazette October 29, 1997
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Rules of the Supreme Court
of Canada, amendment
(SOR/97-476)
The amendment amends Rules
33 to 36 (Appellant's Record and Respondent's Record,
amends Rule 45, substitutes a new Form B.4 under Rule 45
and a new Form E under Rule 33, and amends subsection
11(4), paragraph 21(1)(b) and subsection 32(5). The new
Rules come into effect October 17, 1997.
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Supreme Court Act,
sections 97
Not included in Regulatory
Plan
To be published in Canada
Gazette October 29, 1997
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New Brunswick Criminal
Appeal Rule 63 with Respect to Criminal Appeals to the
Court of Appeal, amendment
(SI/97-125)
The amendment substitutes
"the clerk of the judicial district in which the
proceeding was commenced" for "the Chief Court Reporter"
in Rule 63.07, paragraphs (1) and (2). It also
substitutes "the court reporter" for "the Chief Court
Reporter" in paragraph 7.
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Criminal Code, sections
482
Not included in Regulatory
Plan
To be published in Canada
Gazette October 29, 1997
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