Exempt from Pre-Publication
and Approved
|
Statutory Authority
&
Regulatory Plan Listing
|
Privileges and Immunities
of the Secretariat of the Convention on Biological
Diversity Order
(SOR/97-501,
OIC 1997-1665)
The Order grants the
Secretariat of the Convention on Biological Diversity, to
the extent required for the exercise of its duties in
Canada, the privileges and immunities contained in
Articles II and III of the Convention on Privileges and
Immunities of the United Nations.
The Order also grants to the
representatives of foreign States that are Parties to the
Convention on Biological Diversity, official of the
Secretariat, and experts performing missions for the
Secretariat, to the extent required for the exercising of
their functions, the privileges and immunities contained
in Articles IV, V and VI of the Convention.
Consequently, the
Secretariat is granted immunity from legal process and
the inviolability of its premises, documents and
archives. Its assets, income and other property are also
exempt from direct taxes and customs duties. Publications
of the Secretariat are exempt from prohibition and
restrictions on their import, export and sale. Also,
representatives of foreign states that are Parties to the
Convention on Biological Diversity and certain officials
of the Secretariat are granted privileges and immunities
such as immunity from personal arrest or detention,
exemption from immigration restrictions and immunities in
respect of personal baggage. Certain officials of the
Secretariat who are not Canadian citizens or permanent
residents of Canada, and the members of their families
forming part of their households, also enjoy some
privileges and immunities comparable to the privileges
and immunities accorded to diplomatic agents, and members
of their families forming part of their households.
Contact: Alan H. Kessel
Director United Nations, Criminal and Treaty Law Division
Department of Foreign Affairs and International Trade,
125 Sussex Drive, Ottawa, Ontario K1A 0G2. Tel:
613-992-6296; Fax: 613-944-0870.
|
The Foreign Missions and
International Organizations Act, S.C. 1991, c.41
FAIT/97/R-5-L
To be published in Canada
Gazette December 10, 1997
|
Regulations Amending
Certain Department of Finance and Office of the
Superintendent of Financial Institutions Regulations
(Miscellaneous program) 1997-2
(SOR/97-502,
OIC 1997-1667)
The amendments correct a
substantive problem in the Prospectus Exemption's
Regulations identified by the Standing Joint Committee
for the Scrutiny of Regulations (SJC). The SJC has
requested that the amendments be made given their view
that the reference to paragraph 3(f) in section 4 of the
Regulations goes beyond the relevant enabling
authorities. The SJC believes that the reference in
section 4 qualifies paragraph 3(f) since it requires
institutions to provide the Superintendent with
information relating to an exempted class of distribution
of securities (i.e., provincial short form prospectus).
Given the fact that
financial institutions have a vested interest in
obtaining OSFI's capital determination prior to issuing
their securities, it is anticipated that financial
institutions will continue to provide the Superintendent
with their provincial short form prospectus
notwithstanding the amendment to the Prospectus
Exemptions Regulations.
These amendments will
require some minor adjustments in the OSFI's practices
and procedures relating to the receipt of provincial
short forth prospectuses.
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.
|
Bank Act, Cooperative
Credit Associations Act, Insurance Companies Act, Trust
and Loan Companies Act
Not included in Regulatory
Plan
To be published in Canada
Gazette December 10, 1997
|
Les Collections Shan
Remission Order, 1997
(SOR/97-503,
OIC 1997-1668
This Order remits the
customs duties on certain annual quantities of fabrics
imported by Les Collections Shan Inc. for use in the
manufacture of women's swimsuits, co-ordinated beachwear
or co-ordinated accessories with the Shan label.
The company-specific relief
in this instance was recommended by the Canadian
International Trade Tribunal under the textile tariff
reference (Request Nos. TR-96-008 to TR-96-013, dated
July 22, 1997).
The CITT, which reviewed the
request for relief by Shan, concluded that remission
would have little or no commercial cost on either
domestic textile producers or swimwear manufacturers so
long as there are quantitative limits set on the imported
fabrics. The cost of the revenues foregone are estimated
by the Tribunal to be about $100,000 annually.
Contact: Osborne Todd,
International Trade Policy Division, Department of
Finance, Ottawa, Ontario, K1A 0G5. Tel: 613-996-6479;
e-mail: Todd.Osborne@fin.ac.ca.
|
Customs Tariff, section 101
FIN/97-13
To be published in Canada
Gazette December 10, 1997
|
Income Tax Regulations,
amendment (Labour-sponsored venture capital corporations
(Nova Scotia))
(SOR/97-504,
OIC 1997-1669)
The Regulations amend
sections 6700 and 6701 to expand the lists of "prescribed
venture capital corporations" and "prescribed
labour-sponsored venture capital corporations" to include
a corporation that is a registered labour-sponsored
venture-capital corporation pursuant to the Equity Tax
Credit Act, Statutes of Nova Scotia 1993, c.3.
Individuals who acquire
shares issued by a "prescribed labour-sponsored venture
capital corporation" are generally entitled to a federal
income tax credit under section 127.4 of the Income Tax
Act. In addition, provincial tax assistance provided for
the purchase of shares issued by a "prescribed venture
capital corporation" does not result in a reduction in
the adjusted cost base for federal income tax purposes of
any share acquired.
Contact: Martine Lemire,
Tax Legislation Division, Department of Finance,
L'Esplanade Laurier, 140 O'Connor Street, Ottawa, Ontario
K1A 0G5. Tel: 613-992-3031.
|
Income Tax Act, section 221
FIN/96-32-M
To be published in Canada
Gazette December 10, 1997
|
Income Tax Regulations, amendment
(Part LIX)
(SOR/97-505,
OIC 1997-1670)
These amendments to the
Regulations, along with the amendments made to the Income
Tax Act by S.C. 1995, c. 21 (Bill C-70), implement the
February 22, 1994 budget proposals respecting the foreign
affiliate rules.
The amendments affect the
determination of the active business income of a foreign
affiliate which may give rise to exempt surplus from
which dividends may be received tax-free in Canada.
These amendments also
eliminate the deduction of active business losses in
computing the foreign accrual property income of a
foreign affiliate and limit the jurisdictions in which a
foreign affiliate may be eligible to earn exempt surplus.
The amendments rearrange the
definitions in subsection 5907(1) of the Regulations so
that they appear in alphabetical order in both the French
and English versions of the Regulations.
Subsection 5907(13) of the
Regulations is amended consequential to the replacement
of subsection 48(5) of the Act with paragraph 128.1(1)(d)
of the Act by sections 19 and 62 of S.C. 1994, c. 21.
|
Income Tax Act, section 221
FIN/95-31-M
To be published in Canada
Gazette November 26, 1997
|
|
Amended subsection 5907(13)
does not include the provisions of the former version
that stipulated deemed dispositions of a foreign
affiliate's excluded property and certain capital
property since these deemed dispositions are now
contained in paragraph 128.1(1)(b) of the Act.
Finally, the amendments make
reference changes to the Act necessitated by the 1985
statute revision.
Part LIX of the Income Tax
Regulations, among other things, sets out rules
respecting the computation of the exempt surplus, taxable
surplus and underlying foreign tax of a foreign affiliate
in respect of a corporation resident in Canada. These
surplus balances are important in determining a Canadian
corporation's liability for income tax resulting from the
payment of a dividend by a foreign affiliate or, in
certain circumstances, from the realization of a capital
gain on the disposition of a share of a foreign
affiliate. Part LIX also sets out the calculation of a
foreign affiliate's deductible loss for a taxation year.
This is an important amount in determining the foreign
affiliate's foreign accrual property income for the year.
Contact: Patrick Marley,
Tax Legislation Division, Department of Finance,
L'Esplanade Laurier, 140 O'Connor Street, 17th Floor,
East Tower, Ottawa, Ontario, K1A 0G5. Tel: 613-996-5155;
Fax: 613-992-4450.
|
|
U.S. Barley and Barley Products
Remission Order
(SOR/97-506,
OIC 1997-1671)
This Order implements
Canada's recent announcement that it would suspend the
application of its tariff rate quotas (TRQs) on imports
of U.S. barley and barley products. The Order remits the
difference between the within-quota rates of duty and the
over-quota rates of duty.
More specifically, the Order
suspends the TRQ for barley immediately on its passage,
but delays the suspension for barley products until
January 1, 1998.
Should any subsequent U.S.
action distort the market, Canada could at any time
reinstate the TRQs.
Imports of barley and barley
products into Canada are subject to tariff rate quotas
(TRQs), which provides for the importation of up to a
certain quantity of the products at a low tariff rate,
and provides for a higher tariff rate for imports in
excess of that quantity. The TRQs were introduced for
barley and barley products in August, 1995 consistent
with the World Trade Organization (WTO) Agreement on
Agriculture. Under the North American Free Trade
Agreement (NAFTA), Canada has the right to maintain this
TRQ on imports of U.S. barley and barley products until
such time as the U.S. domestic subsidies for barley
production fall to the Canadian levels. Since the
inception of the TRQ, imports have not reached the
quantitative threshold that would trigger the higher
tariff rate.
Consultations were conducted
with the domestic barley industry, which does not oppose
the suspension of the TRQ. Canada's maltsters requested
that the suspension of the tariff rate quotas on U.S.
barley products be delayed until January 1, 1998, to
allow them to clear existing contracts. The Order
therefore suspends the TRQ for barley immediately on its
passage, but delays the suspension for barley products
until January 1, 1998.
Contact: Paul Robichaud,
Tariffs Division, Department of Finance, Ottawa, Ontario,
K1A 0G5. Tel: 613-992-2510.
|
Customs Tariff, section 101
FIN/97-13
To be published in Canada
Gazette December 10, 1997
|
Food and Drug Regulations,
amendment (Schedule No. 1071)
(SOR/97-508,
OIC 1997-1673)
This amendment permits the
use of pectinase and cellulase from Trichoderma reesei on
tea leaves for the production of tea solids, and at
levels consistent with good manufacturing practice.
Provision already exists in
the Food and Drug Regulations to permit these enzymes in
a variety of food products at levels commensurate with
"good manufacturing practices". The use of these enzymes
on tea leaves will increase the production of tea solids
which will be used in the production of iced tea
products.
Contact: Director, Bureau
of Food Regulatory, International & Interagency
Affairs, Health Canada, A.L.: 0702C, Ottawa, Ontario, K1A
0L2. Tel: 613-957-1828; Fax: 613-941-3537.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
Food and Drug Regulations,
amendment (Schedule No. 1073)
(SOR/97-509,
OIC 1997-1674)
This amendment permits the
addition of silicon dioxide to edible vegetable oil-based
cookware coating emulsions at a maximum level of use of
two per cent (2.0%) of the product.
Provision currently exists
in Table I, Division 16 of the Food and Drug Regulations
for the use of silicon dioxide as an anticaking agent, in
a variety of foods.
Evaluation of available data
supports the effectiveness and safety of this use for
silicon dioxide.
Contact: Director, Bureau
of Food Regulatory, International & Interagency
Affairs, Health Canada, A.L.: 0702C, Ottawa, Ontario, K1A
0L2. Tel: 613-957-1828; Fax: 613-941-3537.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
Food and Drug Regulations,
amendment (Schedule No. 1081)
(SOR/97-510,
OIC 1997-1675)
The amendments prohibit both
the sale of clenbuterol for administration to food
producing animals and residues of this drug in food.
Clenbuterol, an extremely
potent beta-agonist with preferential affinity for the
beta2 - adrenoceptor of bronchial and uterine smooth
muscle, is permitted for use in Canada only as a
bronchodilator in horses that are not to be slaughtered
for food. This veterinary drug can also function as a
growth promotant in veal calves.
Health Canada has concluded
that residues of clenbuterol, which has been administered
to food producing animals, could pose a health risk to
consumers.
Alternative.
Consultation with the
manufacturer of clenbuterol intended for horses has taken
place. The manufacturer has objected to the proposed
banning of clenbuterol for administration to food
producing animals on the grounds that there is no risk to
consumers when adequate withdrawal times are followed.
Clenbuterol has been shown
to be a useful drug for obstetrical indications in
heifers when carried out under direct veterinary
supervision. Health Canada concurs with the manufacturer
that there would be no risk to consumers following the
administration of clenbuterol to food producing animals,
when adequate withdrawal periods are properly observed.
However, if established withdrawal periods are not
properly observed, risks to consumers are considered too
serious to permit the use of clenbuterol in food
producing animals.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
|
The national beef, veal and
pork producer association. and the federal and provincial
Departments of Agriculture support the ban on the use of
clenbuterol and have requested that regulations to this
effect be promulgated as soon as possible.
Contact: Director, Bureau
of Food Regulatory, International & Interagency
Affairs, Health Canada, A.L.: 0702C, Ottawa, Ontario, K1A
0L2. Tel: 613-957-1828; Fax: 613-941-3537.
|
|
Food and Drug Regulations,
amendment (Schedule No. 1070)
(SOR/97-513,
OIC 1997-1678)
This amendment permits the
use of glucanase from Humicola insolens in brewers' meal
and distillers' mash in the preparation of alcoholic
beverages, and at levels consistent with "good
manufacturing practice".
This enzyme, when used
during the mashing process, reduces viscosity, thus
improving filtration performance and increasing yield.
The enzyme also offers better thermal stability than
other glucanase enzymes and as a result will remain
effective longer before being inactivated during the
heating stage.
Provision already exists in
the Food and Drug Regulations for the use of glucanase
from Aspergillus niger and Bacillus subtilis in brewers'
mash and distillers' mash. However, at present there is
no provision for glucanase from Humicola insolens. The
use of glucanase from this source has been evaluated for
safety and efficacy and is considered acceptable.
Contact: Director, Bureau
of Food Regulatory, International & Interagency
Affairs, Health Canada, A.L.: 0702C, Ottawa, Ontario, K1A
0L2. Tel: 613-957-1828; Fax: 613-941-3537.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
Narcotic Control Regulations,
amendment; Regulations Exempting Certain Precursors and
Controlled Substances from the Application of the
Controlled Drugs and Substances Act, amendment; Food and
Drug Regulations, amendment (Schedule No. 1011)
(SOR/97-514,
OIC 1997-1679)
The amendments make a number
of adjustments to the Regulations in connection with the
coming into force of the Controlled Drugs and Substances
Act on May 14, 1997, including making it an offence to
possess five drugs: amphetamine
(a-methylbenzeneethanamine), methamphetamine,
Benzphetamine, Methylphenidate, and Methaqualone.
More specifically, the
changes would:
- correct an inadvertent
oversight that was made with the coming into force of
the Regulations Exempting Certain Precursors and
Controlled Substances from the Application of the
Controlled Drugs and Substances Act (CDSA) SOR/97-229.
Section 2 of these regulations currently exempts five
drugs listed in Schedule II of these regulations from
Section 4 of the CDSA. Section 4 consists of 2
subsections. The regulatory amendment should have read
subsection 4(1). By inadvertently exempting these
drugs from all of section 4, a double doctoring
provision which had existed under the Food and Drugs
Act was revoked. To maintain the status quo, these
drugs should not have been exempted from the whole of
section 4 of the Controlled Drugs and Substances Act.
- update subparagraph
C.01.004(1)(b)(ii). Agricultural implants that contain
a drug listed on Part III of the schedule to Part G of
the Food and Drug Regulations are exempt from the CDSA
and from Part G of the Food and Drug Regulations. The
Bureau of Veterinary Drugs does not require that these
agricultural implants carry the symbol "<c>" on
their label which is the requirement for all other
controlled drugs. This housekeeping amendment reflects
this position.
|
Controlled Drugs and
Substances Act c. 19, 1996, paragraph 55(1)(z); Food and
Drugs Act, subsection 30(1)
HCan/96-6-I
To be published in Canada
Gazette December 10, 1997
|
- institute a simple
possession offence for five drugs: amphetamine
(a-methylbenzeneethanamine), methamphetamine,
Benzphetamine, Methylphenidate, and Methaqualone. This
simple possession offence is provided for under the
CDSA but was exempted under the Regulations Exempting
Certain Precursors and Controlled Substances from the
Application of the Controlled Drugs and Substances Act
(CDSA) SOR/97-229. The exemption was made to maintain
a status quo with the Food and Drugs Act which carried
no offence provision for simple possession for these
drugs. Prior to the coming into force of the CDSA,
these drugs were listed on Schedule G to the Food and
Drugs Act and no offence existed for their possession.
These drugs are now listed in Schedule III of the CDSA
and carry a possession offence.
- revoke Section 3 of the
Regulations Exempting Certain Precursors and
Controlled Substances from the Application of the
Controlled Drugs and Substances Act (CDSA) SOR/97-229
which will reinstate the status quo with respect to
possess a substance included in Schedules I - VI for
the purpose of exporting except as authorized by the
regulations. Under the Food and Drugs Act possession
of a controlled drug for the purpose of trafficking
(which included exporting) was an offence. The
definition of trafficking has been altered under the
CDSA and does not reference exporting. Possession for
the purpose of exporting is now covered under
subsection 6(2) of the CDSA. Therefore the substances
set out in the schedule to Part G of the Food and Drug
Regulations need not have been exempted from the
application of subsection 6(2) of the Controlled Drugs
and Substances Act because the illegal possession for
the purpose of exporting was already covered under the
definition of "trafficking' in the Food and Drugs Act.
Contact: Joan Korol,
Policy Division, Bureau of Policy and Coordination,
Therapeutic Products Directorate, Health Protection
Building Address Locator 0702B1, Tunney's Pasture,
Ottawa, Ontario, K1A 0L2. Tel: 613-957-0372; Fax:
613-941-6458; e-mail: joan_korol@inet.hwc.ca.
|
|
Income Tax Regulations,
amendment
(SOR/97-517,
OIC 1997-1688)
As a result of legislative
changes under which family benefits are paid in the
province of Quebec, this amendment repeals the name of
the old Act under which the payments were made, and
replaces it with a reference to the Act Respecting Family
Benefits and the Act Respecting Income Security of the
province of Quebec.
Paragraph 122.64(2) (a) of
the Income Tax Act permits income tax information
obtained under the Child Tax Benefit provisions of the
Act by Revenue Canada to be shared with provincial
governments for the purposes of administering a
provincial law described in these Regulations. These
provincial laws concern a provincial social policy
program.
Without this amendment, the
Quebec government would be unable to administer the Act
Respecting Family Benefits and the Act Respecting Income
Security in an efficient manner.
Contact: Richard Montroy,
Legislative Policy Division, 875 Heron Road, Ottawa,
Ontario, K1A 0L5. Tel: 613-952-6479.
|
Income Tax Act, section 221
RC-15-L
To be published in Canada
Gazette December 10, 1997
|
Retirement Compensation
Arrangements Regulations, No.1, amendment
(SOR/97-520,
OIC 1997-1704)
The amendments to the
Regulations complement the provisions of the Public
Service Superannuation Regulations that provide for tax
limits on waivers, survivors' benefits and minimum
benefits in the Public Service Superannuation
Regulations.
The Retirement Compensation
Arrangements Regulations No. 1 was established in 1994 to
provide for benefits no longer authorized under
registered pension plans.
Amendments in 1990 to the
Income Tax Act and Regulations incorporated a new scheme
for the tax treatment of retirement savings. Among the
changes made to ensure fairness across a variety of plan
designs and among plan members of differing income
levels, limitations was placed on the benefits which
could be provided on a tax sheltered basis under a
registered pension plan. The public service pension
reform legislation, enacted in 1992, introduced a number
of provisions, including the Special Retirement
Arrangements Act to allow the various federal public
sector pension plans to adapt to this new scheme.
Contact: Joan M. Arnold,
Acting Director, Pensions Legislation Development Group,
Pensions Division, Treasury Board Secretariat, Ottawa,
Ontario, K1A 0R5. Tel: 613-952-3119.
|
Special Retirement
Arrangements Act
TBS-3
To be published in Canada
Gazette December 10, 1997
|
Pre-Published and Approved
No comments or changes
|
Statutory Authority
&
Regulatory Plan Listing
|
Hazardous Products (Ice
Hockey Helmets) Regulations
(SOR/97-521,
OIC 1997-1711)
The Regulations mandate the
requirements of the Canadian Standards Association (CSA)
ice hockey helmet standard as amended in June 1984 and
subsequently modified and published in 1990 as
CAN/CSA-Z262.1-M90, Ice Hockey Helmets.
The 1990 standard makes the
following relative to the 1984 standard:
- a helmeted headform is
dropped onto an anvil versus dropping a weight onto
the helmeted headform.
- the impact failure
criterion is measured in units of acceleration, i.e.,
275 g.
- helmet impacts are
measured in terms of energy, i.e., 40 joules.
- the ear opening is
reduced from 50 mm to 38 mm.
The proposed amendments were
prepublished in the Canada Gazette, Part I, on March 1,
1997. No comments were received by Health Canada.
Contact:
Hélène Paradis, Product Safety Bureau,
Health Protection Branch, Health Canada, Statistics
Canada Main Building, Wing 1000, Address Locator 0301B2,
Tunney's Pasture, Ottawa, Ontario, K1A 0K9. Tel:
613-954-3967; Fax: 613-952-1994.
|
Hazardous Products Act, S.C.
1987, c. 30, s. 1.
HCan/97-19-F
To be published in Canada
Gazette December 10, 1997
|
Food and Drug Regulations,
amendment (Schedule No. 1036)
(SOR/97-522,
OIC 1997-1712)
This amendment establishes
Maximum Residue Limits (MRLs) for the systemic fungicide
fosetyl-aluminum in avocados at 10.0 parts per million
(ppm) and in apples at 1.0 ppm. This amendments was
published in the Canada Gazette Part I on March 15, 1997.
No responses were received.
Contact: Head, Food
Residue Exposure Assessment Section, Pest Management
Regulatory Agency, Health Canada, A.L. 6605E1, 2250
Riverside Drive, Ottawa, Ontario, K1A 0K9. Tel:
613-736-3520; Fax: 613-736-3505.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
Food and Drug Regulations,
amendment (Schedule No. 1040)
(SOR/97-523,
OIC 1997-1713)
This amendment establishes
Maximum Residue Limits (MRLs) for cyhalothrin-lambda in
head lettuce at 2.0 parts per million (ppm), in milk at
1.0 ppm, in broccoli and cabbage at 0.4 ppm, in sunflower
oil at 0.3 ppm and in sunflower seeds, the meat of
cattle, goats, hogs, horses and sheep at 0.2 ppm. Any
residues of cyhalothrin-lambda in other foods will be
covered by the general limit of 0.1 ppm specified in
subsection B.15.002(1) of the Food and Drug Regulations.
This schedule of amendments
was published in the Canada Gazette Part I on April 19,
1997. No responses were received.
Contact: Head, Food
Residue Exposure Assessment Section, Pest Management
Regulatory Agency, Health Canada, A.L. 6605E1, 2250
Riverside Drive, Ottawa, Ontario, K1A 0K9. Tel:
613-736-3520; Fax: 613-736-3505.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
Food and Drug Regulations,
amendment (Schedule No. 1049)
(SOR/97-524,
OIC 1997-1714)
This amendment establishes
Maximum Residue Limits (MRLs) for the fungicide
propamocarb in potatoes at 0.5 ppm, for use against late
blight in potatoes.
This schedule of amendments
was published in the Canada Gazette Part I on March 22,
1997. No responses were received.
Contact: Head, Food
Residue Exposure Assessment Section, Pest Management
Regulatory Agency, Health Canada, A.L. 6605E1, 2250
Riverside Drive, Ottawa, Ontario, K1A 0K9. Tel:
613-736-3520; Fax: 613-736-3505.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
Pre-Published and Approved
With comments or
changes
|
Statutory Authority
&
Regulatory Plan Listing
|
Food and Drug Regulations,
amendment (Schedule No.
1065)(SOR/97-507,
OIC 1997-1672)
The amendments establish
Maximum Residue Limits (MRLs) for procymidone in raisins
at 25.0 ppm, in grapes at 5.0 ppm and in wine at 1.0 ppm.
Procymidone is a systemic
fungicide used in the control of the grape disease
Botrytis cinerea. It is not currently registered under
the Pest Control Products Act for use in Canada since
Botrytis cinerea is not a problem in North American grape
growing regions.
The proposed amendments were
published in the Canada Gazette Part I on April 19, 1997.
One response in support of this amendment was received.
Contact: Head, Food
Residue Exposure Assessment Section, Pest Management
Regulatory Agency, Health Canada, A.L. 6605E1, 2250
Riverside Drive, Ottawa, Ontario, K1A 0K9. Tel:
613-736-3520; Fax: 613-736-3505.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
Radiation Emitting Devices
Regulations (Analytical X-ray equipment), amendment
(SOR/97-511,
OIC 1997-1676)
This amendment broadens the
present regulatory requirements for X-ray diffraction
equipment to include other radiation-emitting devices
which also pose X-ray radiation hazards, such as X-ray
spectrometers and other analytical X-ray equipment.
The amendment also reflects
improvements in technology and revised radiation
protection guidelines.
More specifically, the
amendments incorporate reduced radiation emission limits,
new definitions, simpler safety requirements, and,
slightly modified labelling information.
The reduced radiation
emission limits are in conformity with the International
Commission on Radiological Protection (ICRP
Publication-60) ALARA (as low as reasonably achievable)
principles for risk reduction to workers and the public.
Most of the new definitions reflect radiation terminology
consistent with those of the International
Electrotechnical Commission (IEC) Publication 788 in
order to improve comprehension of the Regulations by
manufacturers, regulators and users.
The amendment will require
labelling changes and may require minor design changes to
some equipment. Only minimal additional cost will be
imposed on the manufacturer as a result of these changes.
The proposals were
prepublished in the Canada Gazette Part I on September
21, 1996. Only one respondent provided comments.
Modifications were proposed and agreed to by the
Department. The regulation has been modified accordingly.
Contact: Chief, Office
for Quality and Regulations Management, Environmental
Health Directorate, Environmental Health Centre, Address
Locator: 0801C1, Tunney's Pasture, Ottawa, Ontario, K1A
0L2. Tel:613-957-3142; Fax: 613-954-2486.
|
Radiation Emitting Devices
Act, ss. 13(1), c.1370
HCan/95-44-I
To be published in Canada
Gazette December 10, 1997
|
Food and Drug Regulations,
amendment (Schedule No. 1004)
(SOR/97-512,
OIC 1997-1677)
These amendments provide for
the use of Hydrogenated starch hydrolysates (HSHs) as
food additives on the same basis as polyols.
Hydrogenated starch
hydrolysates (HSHs) are a mixture of hydrogenated mono-,
di-, oligo and polysaccharides derived from partially
hydrolyzed starch and in which D-sorbitol and D-maltitol
are each present at a level of less than 50% on an
anhydrous basis.
The components of HSHs are
similar to polyols which are food additives presently
listed in the Food and Drug Regulations. Polyols are used
as sweeteners and bodying and texturizing agents in foods
and their limited absorption and metabolism are important
factors in their use in dietetic foods.
The previous Regulations
allowed a number of polyols to be used in unstandardized
foods at levels commensurate with "good manufacturing
practices" (e.g., isomalt, lactitol, maltitol, maltitol
syrup, mannitol, polydextrose, sorbitol and xylitol) but
did not permit the use of HSHs.
The amendments also update
the reference to Food Chemicals Codes, Fourth Edition,
1996 from Third Edition, 1981. In the new edition, there
is a specification for sorbitol syrup. In keeping with
the recognition of maltitol syrup as a separate entity in
the current Regulations, a listing for sorbitol syrup is
also being established for use in the same foods and at
the same levels of use in unstandardized foods.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
|
Scientists of the Health
Protection Branch have concluded that the addition of
HSHs and sorbitol syrup to foods is both safe and
efficacious for the intended purposes. These amendments
also reference new specifications established for isomalt
by the Joint FAD/WHO Expert Committee on Food Additives.
Polyols are digested slowly
in the gastro-intestinal tract, and consequently there is
a potential for these substances to cause laxation in a
small segment of the population. In this regard, it is
recognized that the laxative effects are linked to the
amount consumed and, furthermore, that the risk of such
effects is generally related to the consumption of more
than one product containing polyols. As a result of the
need for consumers to be aware of these potential
effects, this amendment provides for a label declaration
of HSHs and sorbitol syrup expressed in grams per serving
of stated size, grouped with the same information on
other polyols present in the product.
This amendment will provide
consumers and industry with an alternative to currently
available sweeteners. Consumers will also have a greater
selection of foods sweetened with HSHs alone or in
combination with other sweeteners, as well as food
sweetened with traditional sweeteners such as sugar.
This schedule of amendments
was prepublished in the Canada Gazette Part I on December
14, 1996. Two responses in support of this amendment were
received.
Contact: Chief, Office
for Quality and Regulations Management, Environmental
Health Directorate, Environmental Health Centre, Address
Locator: 0801C1, Tunney's Pasture, Ottawa, Ontario, K1A
0L2. Tel:613-957-3142; Fax: 613-954-2486.
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|
Food and Drug Regulations,
amendment (Schedule No. 1015)
(SOR/97-516,
OIC 1997-1681)
This amendment will provide
for the use of allura red and sunset yellow FCF as food
colouring agents at maximum levels of 80 parts per
million (ppm) and 20 ppm, respectively, in longaniza
sausage.
Provision currently exists
in the Food and Drug Regulations for the use of allura
red and sunset yellow FCF in a wide variety of foods.
However, there is no provision for the use of these
colouring agents in fresh sausage or other meat products.
In 1992, an amendment to the
Regulations provided for the use of annatto as a food
colouring agent in longaniza sausage as well as a
marinated and cured sliced pork product.
The proposed amendments were
published in the Canada Gazette Part I on January 18,
1997. One response in support of this amendment was
received.
The European Commission
commented that the European Union does not generally
permit the use of colours in raw meat, fresh meat and
meat products. Information was provided on exceptions
which include the permitted addition of allura red to
luncheon meat, breakfast sausage and burger meat and the
permitted addition of sunset yellow to sobrasada, a type
of sausage.
This amendment to permit the
addition of allure red and sunset yellow FCF to longaniza
sausage applies only to products sold in Canada. Canadian
producers of longaniza sausage wishing to export this
product to member countries of the European Union will be
required to reformulate to meet the regulatory
requirements of these jurisdictions.
Contact: Director, Bureau
of Food Regulatory, International & Interagency
Affairs, Health Canada, A.L.: 0702C, Ottawa, Ontario, K1A
0L2. Tel: 613-957-1828; Fax: 613-941-3537.
|
Food and Drugs Act,
subsection 30(1)
HCan/R-33-I
To be published in Canada
Gazette December 10, 1997
|
Canadian Aviation Regulations
(Part III), amendment
(SOR/97-518,
OIC-1997-1701)
The amendment introduce
regulations covering aircraft fire-fighting services at
airports and aerodromes. The changes are the needed now
that Transport Canada has devolved operational control
over most airports and aerodromes.
Part III Subpart 303 of the
Canadian Aviation Regulations (Aircraft Fire Fighting at
Airports and Aerodromes) specifies, in its attached
schedule, the 28 airports which must provide on site
aircraft fire-fighting services and the level of
protection which must be provided by the airport
operator.
Since the prepublication of
the proposals on April 19, 1997, one airport has been
dropped from the schedule (Edmonton Municipal Airport,
which will handle cargo flights) and one has been added
(Gander International).
The regulation also sets out
the basic requirements with respect to the training,
testing and resources in order to provide an effective
capability for dealing with aircraft emergencies.
Part III, Subpart 303 is
made up of 5 divisions as follows: Division I - General:
Division II - Extinguishing Agents and Aircraft
Fire-fighting Vehicles; Division III - Personnel
Requirements; Division IV - Response Readiness; and
Division V - Communication and Alerting System.
Aircraft fire-fighting
services are currently available on site for 18 airports
in addition to those on the Schedule for Subpart 303.
Subpart 303 allows for the operators of these airports,
or of any additional airports or aerodromes, to choose to
identify their airports or aerodromes as "participating"
by publishing in the Canada Flight Supplement the
availability of a specified category of fire-fighting
service. If such an option is chosen the airport or
aerodrome becomes subject to CARs Subpart 303 as it
applies to participating airports or aerodromes.
The regulation will ensure
that the largest and busiest Canadian airports will
continue to provide fire-fighting services that meet the
current Transport Canada standard. Requirements are also
established which must be met by operators of airports or
aerodromes not designated among the 28, but who choose to
specify in the Canada Flight Supplement that a
fire-fighting service is provided at their airport or
aerodrome.
When current cost data for
typical airports are used, the cost of providing aircraft
firefighting services at the 28 scheduled airports is
approximately $32,686,202.
Transitional Provisions,
requires the operator of a designated airport maintain
the aircraft fire-fighting service as provided on
November 30, 1997 until November 30, 1998 and, effective
December 1, 1998, to meet the requirements in these
regulations. The operator of a participating airport or
aerodrome must meet the requirements for an aircraft
fire-fighting service, for the critical category for fire
fighting as published in the Canada Flight Supplement,
with respect to hours of operation, extinguishing agents
and firefighting vehicle requirements, personnel
requirements and response readiness, effective December
1, 1998. The earlier draft Transitional Provisions had
allowed until June 1, 1998 for the adjustments necessary
for airport or aerodrome operators to meet the
requirements that will apply to their airport or
aerodrome under CAR 303.
Contact: Chief,
Regulatory Affairs, Civil Aviation (AARBH), Transport
Canada Safety and Security, Place de Ville, Tower "C",
Ottawa, Ontario K1A 0N8; Telephone: 613-993-7284 or
1-800-305-2059; Fax: 613-990-1198.
|
Aeronautics Act, S.C. 1992,
c.4
TC/96-6-I
To be published in Canada
Gazette December 10, 1997
|
Railway Interswitching
Regulations, amendment
(SOR/97-519,
OIC-1997-1702)
The Regulations establish
four interswitching distance related zones within the 30
km radius and prescribe rates for interswitching traffic
to or from each zone. Lower rates per car are prescribed
for the interswitching of blocks of 60 or more cars as a
unit.
As a result of these changes
in the rate structure, the revised rates for blocks of
less than 60 cars are to increase, on average, by 3.4
percent over 1996. Conversely, the rates for blocks of 60
or more cars are to decline, on average, by 21.4 percent.
The rate for additional kilometres in excess of 40
kilometres from an interchange applicable to blocks of
less than 60 cars and blocks of 60 or more cars will
decline respectively by 8.7 and 65.2 percent, when
compared to the single rate for 1996.
Examples of the new rates
are as follows:
- for zone 1, the rate per
car for interswitching a block of less than 60 cars
remains at $210, while the rate per car for
interswitching a block of 60 or more cars drops to $65
from the 1997 interim rate of $105.
- for zone 2, the rate per
car for interswitching a block of less than 60 cars
increases to $230 from the 1997 interim rate of $225,
while the rate per car for interswitching a block of
60 or more cars drops to $70 from the 1997 interim
rate of $105.
- for zone 3, the rate per
car for interswitching a block of less than 60 cars
increases to $275 from the 1997 interim rate of $265,
while the rate per car for interswitching a block of
60 or more cars drops to $90 from the 1997 interim
rate of $105.
- for zone 4, the rate per
car for interswitching a block of less than 60 cars
increases to $365 from the 1997 interim rate of $345,
while the rate per car for interswitching a block of
60 or more cars remains at the 1997 interim rate of
$105.
The rate per kilometre in
zone 4 for interswitching a car drops from $4.60 to
$4.20; the additional rate per kilometre for
interswitching a car in a block is $1.60.
Overall, the changes in the
rate structure may result in a slight increase in the
total revenues derived by railways from interswitching
services.
The rate contained in Column
IV of the revised schedule to the Regulations is
accompanied by deletion of the reference to an actual
rate in section 9 so that any future rate changes can be
made merely by amending the schedule to the Regulations.
The rate specified in Column
V is a totally new rate and is introduced with this
amendment to apply for each car of a car block. The rates
specified in Columns IV and V are to apply, in addition
to the appropriate interswitching per car rate set out in
Columns II or III, for each kilometre that is in excess
of 40 kilometres.
The proposed rates were
prepublished in the Canada Gazette Part I on August2,
1997; controversy over the rates continued after
prepublication.
Contact: Michel
Maisonneuve, Senior Investigations Officer, Rail and
Marine Complaints and Audit Services Directorate, Rail
and Marine Branch, Canadian Transportation Agency,
Ottawa, Ontario, K1A 0N9. Tel: 819-953-2235; Fax:
819-953-5564.
|
Canadian Transportation Act,
subsection 36(1) and sections 112 and 128
NTA/R-1-I
To be published in Canada
Gazette December 10, 1997
|
Ministerial Orders
Approved
|
Statutory Authority
&
Regulatory Plan Listing
|
Rules of the Ontario Court
of Justice in Criminal Proceedings
(SI/97-133)
The rules cover all aspects
of criminal proceedings in the Ontario Court of Justice,
including service of documents, pretrial proceedings,
trial proceedings and evidence. They are designed to
simplify procedures and eliminate unjustifiable costs and
delays.
The rules come into effect
January 1, 1998.
|
Criminal Code ,
subsection 482(2)
Not included in Regulatory
Plan
To be published in Canada
Gazette November 26, 1997
|
Canadian
Chicken Marketing Agency Quota Regulations, 1990,
amendment
(SOR/97-498)
This amendment, which comes
into force on December 21, 1997, establishes the 1997
periodic allocation for the period from December 21, 1997
to February 14, 1998 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, 50,533,919; for Quebec,
40,209,268; for Nova Scotia, 5,164,814; for New
Brunswick, 4,375,979; for Manitoba, 6,015,536; for
P.E.I., 606,638; for Saskatchewan,2,739,240; for
Alberta, 12,603,163; and for Newfoundland, 2,006,803.
- production subject to
periodic export quotas (in live weight, kilograms),
for Quebec, 2,889,357, Nova Scotia, 99,986; and for
Alberta, 617,684.
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 November 26, 1997
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