Proposed Regulations
for Pre-Publication in
Part I, Canada Gazette
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Statutory Authority
&
Regulatory Plan Listing
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Trade-marks Regulations
(1996), amendment
The proposed regulations
would clarify the manner in which documents are submitted
to the Registrar of Trade-marks.
The proposed changes also
revises references in the Regulations to a registration
in a country of the Union, such that they refer to a
registration in or for a country of the Union. This
change ensures consistent wording between the Trade-marks
Act and the Regulations.
The requirements for
correspondence would be modified as follows:
- correspondence addressed
to the Registrar may be submitted electronically at
such time as the Office of the Registrar acquires the
technical ability to accept receipt;
- an application for the
registration of a trade-mark may be submitted to the
Registrar by facsimile;
- evidence in opposition
and other proceedings cannot be submitted to the
Registrar by electronic or facsimile transmission;
- both electronic and
facsimile transmissions may be sent to the Office of
the Registrar 7 days a week, 24 hours a day;
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Trade-marks Act ,
subsection 46 and 47
Not included in Regulatory
Plan
Published in Canada Gazette
November 1, 1997
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- documents that are sent
by electronic or facsimile transmission will be
considered to be received by the Registrar on the date
of transmission, at the local time of the place where
the Office of the Registrar is located;
- documents that are
physically delivered to the Office of the Registrar or
another establishment, outside of business hours, will
be considered to be received on the next working day
of that establishment.
- Contact: Barbara
Bova, Director, Trade-marks Branch, Canadian
Intellectual Property Office, Place du Portage, Phase
I, Commercial Level II, 50 Victoria Street, Hull,
Quebec, K1A 0C9. Tel: 819-997-2423.
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Manufacturers in Bond
Departmental Regulations, amendment
The proposed changes will
incorporate into regulation the requirement for bonded
manufacturers to provide data on the monthly return
concerning any surplus inventory of spirits and the
quantity of any spirits disposed of.
The changes would enable
Revenue Canada to track imported alcohol and treat
importations in the same manner as domestically
manufactured alcohol and would also clarify the
requirement for the provision of an annual statement.
- Contact: Bill
Anderson, Excise Duty and Tax Directorate, Revenue
Canada, Place Vanier, Tower C, 7th Floor, 25 McArthur
Avenue, Vanier, Ontario, K1A 0L5. Tel: 613-957-7593;
Fax: 613-954-2226.
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Excise Act ,
subsection 32(2) and sections 127.1 and 186
RC/R-29-L
Published in Canada Gazette
November 1, 1997
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Air Services Regulations,
amendment
The proposed regulations
would increase the general terminal charge by some 29.01%
at the Halifax International Airport, in order to recover
the costs associated with the transfer of protective
policing and security services from the RCMP to the local
air authority.
In addition, references to
Earlton and Sarnia airports would be removed from the
Regulations, now that they are under local control; a
typographical error in the English version of section 9
would be corrected.
The changes would come into
effect Dec. 1, 1997.
- Contact: Dan
Cogliati, Director, Cost Recovery, Department of
Transport, Place de Ville, Tower C, 22nd Floor,
Ottawa, Ontario, K1A 0N5. Tel: 613-993-5769; Fax:
613-991-4410.
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Aeronautics Act ,
subsection 4.4(2); Ministerial Regulations Authorization
Order, section 2
Not included in Regulatory
Plan
Published in Canada Gazette
November 1, 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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Board of Steamship Inspection
Scale of Fees, amendment
(SOR/97-486;
OIC 1997-1585)
This regulatory amendment
introduces a number of new fees for services previously
provided free (as a result of policy changes, such as new
pollution prevention requirements), as well as
standardizing existing fees, increasing some existing
fees, and making some editorial modifications to clarify
the Regulations.
Not all fees are being
increased - e.g., rates under Part II of the Regulations
dealing with first and periodical inspections of ships
have not been increased.
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Canada Shipping Act
TC/96/R-2-M
To be published in Canada
Gazette November 12, 1997
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The existing fees would be
increased:
- to $400 from $338 the
fee payable for inspection of a ship outside Canada
for each day or part thereof that an inspector is
outside Canada to make the inspection (paragraph 9(b)
of this amendment);
- to $25 from $14 the fee
payable for each additional test beyond three that is
made at one visit, for the inspection or testing of
materials used in the construction of hulls,
machinery, equipment or cargo gear (paragraph 20(b) of
this amendment); and
- to $500 from $462 the
standby fee payable for inspectors for each calendar
day or portion thereof that the inspector is on call
or made available, at the request of a shipyard
operator, shipowner or ship operator, or an authorized
representative thereof (section 29 of this amendment).
The new fees include:
- a fee for the first
inspection and each annual, quadrennial or
quinquennial inspection of an unmanned,
non-self-propelled ship, including deck cargo barges
and barges that carry oil in bulk. The fee consists of
a flat fee component plus a component based on gross
tonnage (paragraphs 10(1)(c) and 10(2)(c); 12(1)(c)
and 12(2)(c)).
- a fee for the
re-inspection of a passenger ship, a non-passenger
ship or an unmanned, non-self-propelled ship,
including deck cargo barges and barges that carry oil
in bulk, that was registered in Canada, then
registered elsewhere than in Canada and is then again
registered in Canada. The fee consists of a flat fee
component plus a component based on gross tonnage
(section 10.1).
- a fee reduced by 90 per
cent for the inspection of a non-Canadian ship which
is authorized to operate in the coasting trade and is
in full compliance with the requirements of the
International Maritime Organization (IMO) Conventions
to which Canada is a signatory, where the inspection
is requested for the issuance of a letter of
compliance and where the period of operation for that
ship is seven days or less (subsection 14(2)).
- a fee of $400 payable
for a second and each subsequent visit made by an
inspector, where the inspection is required to verify
that a defect that was identified during a Canadian
Port State Control Inspection and that did not warrant
the issuance of a detention order has been corrected,
so that a non-Canadian ship can proceed on a voyage
from any place in Canada (subsection 17.2).
- a fee of $400 payable
for each visit made by an inspector where the
inspection is required to verify that a defect
identified in a Port State Control Inspection Report
has been corrected in accordance with the time
provisions set out in that Report (subsection 17.3).
- a fee of $400 payable
for the initial issuance, and a fee of $200 payable
for each renewal, of a certificate of approval for
structural or outfitting components or for safety
equipment (section 21.1).
A fee of $100 for each of
the following services is being introduced:
- the attendance by an
inspector at an overload suspension test of a
davit-launched life raft or a gas inflation test or
pressure test on an inflatable life raft (item 1 of
the Table to section 30);
- the renewal of a Safe
Manning Document (item 5 of the Table to section 30);
- each test or examination
of a lifting, loading discharging appliance or
accessory (item 6 of the Table to section 30); and
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- the cancellation or
postponement by a shipyard operator, shipowner or ship
operator, or an authorized representative thereof, of
an inspection while the inspector is en route to, or
when the inspector has arrived at, the inspection site
(item 10 of the Table to section 30).
A fee of $400 for each of
the following services is being introduced:
- the reissuance of an
inspection certificate required because of a change in
the ship's voyage classification (item 2 of the Table
to section 30);
- the issuance of a
certificate where an authorized authority has
inspected a Canadian registered ship on behalf of the
Minister (item 3 of the Table to section 30);
- the issuance of a Safe
Manning Document (item 4 of the Table to section 30);
- the issuance of a letter
of compliance for standby ships for the oil industry
(item 7 of the Table to section 30);
- the issuance of a letter
of compliance for a mobile offshore drilling unit
(item 8 of the Table to section 30);
- the issuance of an
Exemption Certificate, in accordance with the
requirements of the Safety Convention or the Load Line
Convention (item 9 of the Table to section 30); and
- the attendance by an
inspector at a light ship survey or a reinclining test
(item 11 of the Table to section 30)
Fees for pollution
prevention (Part VIII) include:
- in addition to any other
fees, a fee payable for the first, periodical,
intermediate or annual inspection of a ship leading to
the issuance of an International Oil Pollution
Prevention Certificate, a Canadian Oil Pollution
Prevention Certificate or a Certificate of Compliance
(Oil), based on a ship's gross tonnage (section 31);
- a fee payable for the
examination of a first, second and each subsequent
submission of a plan or technical document, based on
the plan or technical document (section 32);
- a $100 fee payable for
the inspection during construction or manufacture of
components of a piece of a ship's operational
pollution prevention equipment (subsection 33(1));
- a $300 fee payable for
the issuance of a Certificate of Approval of a ship's
operational pollution prevention equipment, when
inspected, tested and approved by an inspector in
accordance with an International Maritime Organization
(IMO) Standard (subsection 33(2));
- for Dangerous Chemical
and Noxious Liquid Substance under Annex II to the
Pollution Convention, in addition to any other fees, a
fee payable for an inspection leading to the issuance
of an International Pollution Prevention Certificate
for the Carriage of Noxious Liquid Substances in Bulk,
a Canadian Pollution Prevention Certificate for the
Carriage of Noxious Liquid Substances in Bulk, an
International Certificate of Fitness for the Carriage
of Dangerous Chemicals in Bulk, a Certificate of
Fitness for the Carriage of Dangerous Chemicals in
Bulk or a Certificate of Compliance (Noxious Liquid
Substances), based on the gross tonnage of a ship
(section 34 of this amendment); and a $10 fee payable
for the inspection of a ship in respect of each
dangerous chemical or noxious liquid substance
specified in Annex II to the Pollution Convention and
Chapter 17 of the International Code for the
Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (IBC Code) and listed for carriage
in the Procedures and Arrangement Manual of the ship
(subsection 34(2)).
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- a $400 fee payable for
the issuance of a Certificate of Approval of a ship's
operational pollution prevention equipment, when
approved by another recognized Administration, in
accordance with an International Maritime Organization
(IMO) Standard (subsection 33(3));
New fees for Great Lakes
Sewage Pollution Prevention, Inspection of Marine
Sanitation Devices include:
- a $100 fee payable for
an inspection during construction or manufacture of
components of each piece of a ship's operational
marine sanitation device (subsection 35(1));
- a $300 fee payable for
the issuance of a Certificate of Approval of a ship's
operational marine sanitation device, when inspected,
tested and approved by an inspector in accordance with
the Regulations (subsection 35(2)); and
- a $400 fee payable for
the issuance of a Certificate of Approval of a ship's
operational marine sanitation device, when approved by
another recognized Administration, in accordance with
these Regulations (subsection 35(3)).
The amendments would also
revise to $100 from $90:
- the fee payable for the
extension of a short-term certificate or letter of
compliance (section 8);
- the minimum fee payable
for each visit of an inspector for an inspection
during construction or manufacture of components for
use on a ship (subsection 19(2));
- the fee payable for
inspection during construction or manufacture of each
life raft or for each visit by an inspector to inspect
any other item not separately listed in the Table to
section 19 of these Regulations (items 17 and 21 of
the Table to section 19);
- the fee payable for each
visit of an inspector for the inspection or testing of
materials used in the construction of hulls,
machinery, equipment or cargo gear (paragraph 20(a));
- the fee payable for each
visit by an inspector for inspection during
installation of machinery or equipment that was not
previously inspected, that was built outside Canada
and that is required to be inspected but is not
separately listed in the Table to section 21 of these
Regulations (item 8 of the Table to section 21);
- the fee payable for the
examination or approval of a first submission of the
plans and related technical documents for an unfired
pressure vessel (item 3 of the Table to section 22.1);
- the fee payable for the
second and each subsequent visit, made by an inspector
for the purposes of each annual Load Line survey of a
ship (subsection 25(1)); and
- the fee payable per
visit for any service not otherwise listed in the
Table to section 30.
- revise to $125 from
$120, the fee payable for inspection during
construction or manufacture of each of the following
components: propulsion control console, or motor
starter or switchgear with a rating of 75kW or over
(items 12 and 14 of the Table to section 19).
- revise to $240 from
$239, the fee payable for inspection during
construction or manufacture of each lifeboat other
than an oar propelled lifeboat (item 16 of the Table
to section 19).
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- revise to $325 from $323
the fee payable for inspection during construction or
manufacture of each of the following components:
engine, gearing, propulsion electric motor, propulsion
electric generator, or auxiliary electric generator
(items 4-6, 8 and 9 of the Table to section 19);
- revise to $325 from $323
the fee payable for inspection during installation of
each of the following machinery or equipment: engine,
gearing, propulsion electric motor or propulsion
electric generator, where that machinery or equipment
was not previously inspected, was built outside Canada
and is required to be inspected (items 4-7 of the
Table to section 21 of this amendment);
- revise to $325 from $323
the fee payable for the examination or approval of a
first submission of the plans and related technical
documents for a propulsion electric motor or a
propulsion electric generator (items 6 and 7 of the
Table to subsection 22.1 of this amendment).
- reduce to $400 from
$403, the fee payable for inspection during
construction or manufacture of each main or auxiliary
boiler (item 1 of the Table to section 19); inspection
of each main or auxiliary boiler during installation
where that boiler was not previously inspected, was
built outside Canada and is required to be inspected
(item 1 of the Table to section 21); the examination
or approval of a first submission of the plans and
related technical documents for a main or auxiliary
boiler (item 1 of the Table to section 22.1); and the
annual Load Line survey of a ship, or the fee for the
renewal of a Load Line Certificate for a classed ship,
for a ship between 500 and 1 000 tons (item 2 of the
Table to section 24).
- reduce to $600 from
$603, the fee payable for the annual Load Line survey
of a ship, or the fee for the renewal of a Load Line
Certificate for a classed ship, for a ship between I
000 and 2 000 tons (item 3 of the Table to section
24). and
- reduce to $800 from
$806, the fee payable for the annual Load Line survey
of a ship, or the fee for the renewal of a Load Line
Certificate for a classed ship, for a ship of 2 000
tons or over (items 4-12 of the Table to section 24).
The amendment was
prepublished in the Canada Gazette, Part I, on August 2,
1997 (see Regulatory Affairs , Vol. 3, No. 29,
pp. 6-7, August 9, 1997); nine letters were received
generally reflecting the wish that the proposed increases
would be reduced or delayed. The approved regulations are
the same as those prepublished.
The changes come into effect
December 1, 1997.
- Contact: Dan
Cogliati, Director, Cost Recovery, Department of
Transport, Place de Ville, Tower C, 22nd Floor,
Ottawa, Ontario, K1A 0N5. Tel: 613-993-5769; Fax:
613-991-4410.
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Ports Wardens Tariff,
amendment
(SOR/97-487;
OIC 1997-1586)
The amendments increase fees
for port warden services and introduce new fees. These
fees were last increased on July 1, 1995.
The changes:
- increase from $90 to
$135 per visit the fee for the grain survey of the
condition of any ship before the loading of cargo and
any statement made in respect thereof,
- increase from $20 to $40
per tank surveyed the fee for a grain survey or
examination described in items 6, 7, or 8 of the
Tariff; for a tanker loading grain or a bulk carrier
loading grain in wing tanks, which is in addition to
the fees set out under those items;
- for Timber Deck Cargo
Surveys, introduce a fee of $135 for each issuance of
a certificate in relation to timber deck cargoes; and
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Canada Shipping Act
TC/96/R-2-M
To be published in Canada
Gazette November 12, 1997
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- for Concentrate Surveys,
introduce a fee of $135 for a certificate of approval
of the stowage of concentrates on board a ship.
The amendment was
prepublished in the Canada Gazette, Part I, on August 2,
1997 (see Regulatory Affairs , Vol. 3, No. 29,
p. 9, August 9, 1997); nine letters were received
generally reflecting the wish that the proposed increases
would be reduced or delayed. The approved regulations are
the same as those prepublished.
The changes come into effect
December 1, 1997.
- Contact: Dan
Cogliati, Director, Cost Recovery, Department of
Transport, Place de Ville, Tower C, 22nd Floor,
Ottawa, Ontario, K1A 0N5. Tel: 613-993-5769; Fax:
613-991-4410.
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Ships Registry Fees Tariff,
amendment
(SOR/97-488;
OIC 1997-1587)
The amendments increase fees
for port warden services and introduce new fees.
The amendments would
introduce new fees, including:
- a fee of $125, payable
in advance, for each additional period of 12 months or
less where a ship is not registered within 12 months
after the date of the application;
- a fee of $200 payable on
application, for the processing of an application for
registry a new of a ship;
- a fee of $200 payable on
application, for the processing of an application for
the registry of a ship that was registered in Canada,
then registered elsewhere than in Canada and is about
to be registered in Canada again;
- a fee of $125 for the
transfer of registry of a Canadian ship to a new port
of registry;
- a fee of $25 for the
recording of a vessel that is about to be built, or is
being built or equipped in Canada;
- a fee of $100 for the
granting of a pass for an unregistered ship;
- a fee of $150 payable on
the recording, for the recording of a builder's
mortgage and its discharge;
- a fee of $150 payable on
the production of the instrument effecting the
transfer, for the transfer of a registered mortgage of
a ship;
- a fee of $40 for a
dispensation under section 77 of the Canada Shipping
Act or a special direction of the Minister under
subsection 83(2) of the Act;
- a fee of $10 for the
witnessing of a declaration, referred to in subsection
78(1) of the Canada Shipping Act, before a registrar
who is a commissioner for oaths;
- for fees pertaining to
change of name, revise the fee for the change of name
of a Canadian ship from one based on gross tonnage to
a flat rate of $250.
In addition to any other fee
payable under this Tariff, and subject to the minimums
set out, a fee per hour or fraction of an hour ranging
from $70 to $99 where a service referred to in this
Tariff, including the travelling time related to the
service, is provided by a registrar outside core hours.
The amendment was
prepublished in the Canada Gazette, Part I, on August 2,
1997 (see Regulatory Affairs , Vol. 3, No. 29,
pp. 8-9, August 9, 1997); nine letters were received
generally reflecting the wish that the proposed increases
would be reduced or delayed. The approved regulations are
the same as those prepublished.
The changes come into effect
December 1, 1997.
- Contact: Dan
Cogliati, Director, Cost Recovery, Department of
Transport, Place de Ville, Tower C, 22nd Floor,
Ottawa, Ontario, K1A 0N5. Tel: 613-993-5769; Fax:
613-991-4410.
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Canada Shipping Act
TC/96/R-2-M
To be published in Canada
Gazette November 12, 1997
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Ship's Tonnage Survey and
Measurement Fees Regulation, amendment
(SI/97-129;
OIC 1997-1588)
The amended Regulations set
out the fees for the survey, measurement, and
verification of calculations of the tonnage of
ships.These fees were last increased on July 1, 1995.
More specifically, the
amendments would:
- make editorial changes
to clarify sections 3 and 5, and the headings of the
columns to Schedule I of these Regulations, regarding
the charging for the survey and measurement of the
tonnage of a ship (section 3) and the charging for the
survey and remeasurement of the tonnage of the ship
where a ship undergoes alterations above or below the
upper deck
- where a ship undergoes
alterations above the upper deck, decrease in the fee
payable for the survey and remeasurement of the
tonnage of the ship to the lesser of $400 (from $425),
and the fee set out in the relevant table.
- delete the $90 fee for
the inspection of minor alterations to a ship, as all
alterations are now included in the revised wording of
section 5.
- increase to the full fee
from 4/5 of the fee, based on the gross tonnage of a
ship, for the issuance of a Suez Canal Special Tonnage
Certificate.
- increase from $40 to
$100 of the fee for the issuance of a statement of
limitation of liability tonnage for a Canadian or a
British ship.
In addition, because the
Panamanian Canal Authority has adopted the International
Conference on Tonnage Measurement of Ships, 1969, the
Regulations have been revised to delete the appropriate
references to Panama Canal documentation. The regulatory
amendment also makes editorial changes for consistency of
English and French.
The amendment was
prepublished in the Canada Gazette, Part I, on August 2,
1997 (see Regulatory Affairs , Vol. 3, No. 29,
p. 8, August 9, 1997); nine letters were received
generally reflecting the wish that the proposed increases
would be reduced or delayed. The approved regulations are
the same as those prepublished.
The changes come into effect
December 1, 1997.
- Contact: Dan
Cogliati, Director, Cost Recovery, Department of
Transport, Place de Ville, Tower C, 22nd Floor,
Ottawa, Ontario, K1A 0N5. Tel: 613-993-5769; Fax:
613-991-4410.
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Canada Shipping Act
TC/96/R-2-M
To be published in Canada
Gazette November 12, 1997
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