Canada Gazette

The purpose of these rollover regulations is to ensure that existing regulations under the Canadian Environment Protection Act are consistent with the newly proclaimed Canadian Environment Protection Act, 1999. All of the amendments being put forward are of a technical nature, and do not include any substantive changes to the regulations. These changes are being made to harmonize the wording in the regulations with the terminology and scheme of the new Act.

The following regulations that are being rolled over under the new legislation, are included in this submission:

Cynthia Wright, Director General, Strategic Priorities Directorate, Environmental Protection Service, Environment Canada, Ottawa, Ontario K1A 0H3, (819) 953-6830 (Telephone), (819) 997-9806 (Facsimile).

Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a), that the Governor in Council proposes, pursuant to subsection 93(1) of that Act, to make the annexed Regulations Amending Certain Regulations Made under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program).

Any person may, within 60 days after the publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of the Canadian Environmental Protection Act, 1999 (see footnote b) and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Cynthia Wright, Director General, Strategic Priorities Directorate, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3.

The comments and reasons for the objection should stipulate those parts thereof that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The comments and reasons for the objection should also stipulate those parts thereof for which there is consent to disclosure pursuant to the Access to Information Act.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER SUBSECTION 93(1) OF THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 (MISCELLANEOUS PROGRAM)

1. The Chlor-Alkali Mercury Release Regulations (see footnote 1) are amended by replacing the word "inspector" with the expression "enforcement officer" in the following provisions:

2. The Asbestos Mines and Mills Release Regulations (see footnote 2) are amended by replacing the word "inspector" with the words "enforcement officer" in the following provisions:

3. The definition "chlorobiphenyls" in section 2 of the Chlorobiphenyls Regulations (see footnote 3) is replaced by the following:

"chlorobiphenyls" means the chlorobiphenyls described in item 1 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999; (biphényles chlorés)

4. The Secondary Lead Smelter Release Regulations (see footnote 4) are amended by replacing the word "inspector" with the expression "enforcement officer" in the following provisions:

5. The long title of the Contaminated Fuel Regulations (see footnote 5) is replaced by the following:

2. In these Regulations, "contaminated fuel" means any fuel described in item 13 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.

8. The long title of the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations (see footnote 6) is replaced by the following:

REGULATIONS RESPECTING THE RELEASE OF POLYCHLORINATED DIBENZO-PARA-DIOXINS AND POLYCHLORINATED DIBENZOFURANS IN EFFLUENTS FROM PULP AND PAPER MILLS

9. The definitions "Act" and "Reference Method" in section 2 of the Regulations are replaced by the following:

"Reference Method" means the Reference Method for the Determination of Polychlorinated Dibenzo-para-dioxins (PCDDs) and Polychlorinated Dibenzofurans (PCDFs) in Pulp and Paper Mill Effluents, published by the Department of the Environment, Report EPS 1/RM/19, 1992, as amended from time to time; (méthode de référence)

10. The heading before section 8 and sections 8 and 9 of the Regulations are repealed.

11. The long title of the Pulp and Paper Mill Defoamer and Wood Chip Regulations (see footnote 7) is replaced by the following:

REGULATIONS RESPECTING THE MANUFACTURE, IMPORT, OFFERING FOR SALE, SALE AND USE OF DEFOAMERS CONTAINING DIBENZOFURAN OR DIBENZO-PARA-DIOXIN AT PULP AND PAPER MILLS USING CHLORINE BLEACHING PROCESSES AND OF WOOD CHIPS CONTAINING POLYCHLORINATED PHENOLS AT ALL PULP AND PAPER MILLS

12. The definitions "Act", "dibenzofuran" and "dibenzo-para-dioxin" in section 2 of the Regulations are replaced by the following:

"dibenzofuran" means the dibenzofuran described in item 15 of the List of Toxic Substances in Schedule 1 to the Act; (dibenzofuranne)

"dibenzo-para-dioxin" means the dibenzo-para-dioxin described in item 14 of the List of Toxic Substances in Schedule 1 to the Act; (dibenzo-para-dioxine)

13. In section 5 of the Regulations, the words "Reference Method for the Determination of Dibenzofurans and Dibenzo-p-dioxins in Defoamers" are replaced by the words "Reference Method for the Determination of Dibenzofuran and Dibenzo-p-dioxin in Defoamers".

15. The long title of the Storage of PCB Material Regulations
(see footnote 8) is replaced by the following:

REGULATIONS RESPECTING THE STORAGE OF MATERIAL CONTAINING CHLOROBIPHENYLS (PCBs)

16. The definition "PCBs" in section 2 of the Regulations is replaced by the following:

"PCBs" means any chlorobiphenyls described in item 1 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999; (BPC)

18. The Regulations are amended by replacing the word "inspector" with the words "enforcement officer" in the following provisions:

19. The definition "Act" in section 2 of the Vinyl Chloride Release Regulations, 1992 (see footnote 9) is replaced by the following:

20. The Regulations are amended by replacing the word "inspector" with the expression "enforcement officer" in the following provisions:

21. The Regulations are amended by replacing the expression "paragraph 36(1)(a) of the Act" with the expression "paragraph 95(1)(a) of the Act" in the following provisions, with such modifications as the circumstances require:

22. The heading of Schedule V to the Regulations is replaced by the following:

REPORT PURSUANT TO PARAGRAPH 95(1)(a) OF THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

23. The long title of the Prohibition of Certain Toxic Substances Regulations (see footnote 10) is replaced by the following:

REGULATIONS RESPECTING THE PROHIBITION OF THE MANUFACTURE, USE, PROCESSING, SALE, OFFERING FOR SALE AND IMPORT OF CERTAIN TOXIC SUBSTANCES

24. The heading before section 5 and sections 5 to 7 of the Regulations are repealed.

25. The definition "Act" in subsection 1(1) of the Benzene in Gasoline Regulations (see footnote 11) is replaced by the following:

27. (1) The definition "chlorofluoroalcane" ou "CFC" in section 1 of the French version of the Ozone-depleting Substances Regulations, 1998 (see footnote 12) is repealed.

(2) The definition "Act" in section 1 of the Regulations is replaced by the following:

(3) In the definition "controlled substance" in section 1 of the Regulations, the expression "Schedule I of the Act" is replaced by the expression "Schedule 1 to the Act".

(4) The expression "(chlorofluoroalcane ou CFC)" at the end of the definition "chlorofluorocarbon" or "CFC" in section 1 of the English version of the Regulations is replaced by the expression "(chlorofluorocarbure ou CFC)".

(5) Section 1 of the French version of the Regulations is amended by adding the following in alphabetical order:

" chlorofluorocarbure " ou " CFC " Chlorofluorocarbure entièrement halogéné dont chaque molécule est formée de un, deux ou trois atomes de carbone et d'au moins un atome de chlore et un atome de fluor. (chlorofluorocarbon or CFC)

28. In subsection 34(2) of the Regulations, the expression "subsection 19(1)" is replaced by the expression "subsection 313(1)".

30. The Regulations are amended by replacing the expression "section 16 or 18 of the Act" with the expression "section 16 or 18 of the Canadian Environmental Protection Act or, when appropriate, section 71 of the Act" in the following provisions:

31. The French version of the Regulations is amended by replacing the word "chlorofluoroalcanes" with the word "chlorofluorocarbures" in the following provisions:

32. These Regulations come into force on the day on which subsection 93(1) of the Canadian Environmental Protection Act, 1999, chapter 33 of the Statutes of Canada, 1999, comes into force.

Regulations Amending the Phosphorus Concentration Regulations (Miscellaneous Program)

The purpose of these rollover regulations is to ensure that existing regulations under the Canadian Environmental Protection Act are consistent with the newly proclaimed Canadian Environmental Protection Act, 1999. All of the amendments being put forward are of a technical nature, and do not include any substantive changes to the regulations. These changes are being made to harmonize the wording in the regulations with the terminology and scheme of the new Act.

The following regulations that are being rolled over under the new legislation, are included in this submission:

Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote c), that the Governor in Council proposes, pursuant to subsection 118(1) of that Act, to make the annexed Regulations Amending the Phosphorus Concentration Regulations (Miscellaneous Program).

Any person may, within 60 days after the publication of this notice, file with the Minister of Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of the Canadian Environmental Protection Act, 1999 (see footnote d) and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Cynthia Wright, Director General, Strategic Priorities Directorate, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3.

REGULATIONS AMENDING THE PHOSPHORUS CONCENTRATION REGULATIONS (MISCELLANEOUS PROGRAM)

1. Section 2 of the Phosphorus Concentration Regulations (see footnote 13) is replaced by the following:

2. For the purpose of paragraph 118(1)(a) of the Canadian Environmental Protection Act, 1999, phosphorus and its compounds are nutrients.

2. These Regulations come into force on the day on which section 118 of the Canadian Environmental Protection Act, 1999, chapter 33 of the Statutes of Canada, 1999, comes into force.

Regulations Amending the Employment Insurance Regulations

In 1996, Bill C-12 brought changes to the way unreported earnings are deducted from benefits. These unreported earnings are now assigned to a period of employment and such earnings are deducted dollar for dollar against the total benefits paid during the period.

An amendment to the Employment Insurance Regulations is required to redefine "period of employment" for undeclared earnings.

Under the current definition, the period of employment is the time from the last hiring of an employee by an employer to the termination of the employment and includes time on lay-off or suspension. The start of the period of employment is the first day worked in an employment for which benefits were claimed and the end of the period of employment is when the employment terminates or when benefits are no longer claimed, whichever is earlier.

Under the current definition, an overpayment of benefits may occur for a week of lay-off in which there was no work and no earnings. It is proposed that "period of employment" be redefined to make it less broad in scope. The proposed new definition means that a period of employment will not include weeks of lay-off. The end of the "period of employment" will occur when there is a calendar week with no work or earnings (calendar weeks run from Sunday to Saturday). This means that seven consecutive days from Sunday to Saturday, with no work or earnings, would end the period of employment.

The proposed new definition means that unreported earnings will not be assigned to calendar weeks of no work or earnings but will continue to apply to weeks in which a claimant has some work or earnings. This approach is fairer to claimants as the undeclared earnings will only affect weeks in which a claimant had some work or earnings and will not affect weeks of lay-off in which benefits were rightly paid.

The status quo was not considered an option. This change is necessary to ensure fairness to claimants. This amendment will ensure that no overpayment is created in weeks of lay-off and at the same time will remain simple to administer for both employers and Human Resources Development Canada (HRDC).

The amendment to subsection 15(4) of the Regulations will result in an estimated reduction in recoveries credited to the Employment Insurance (EI) Account under these circumstances of approximately $2,270,000 annually.

However, as a result of a multiplicity of activities undertaken by HRDC, the total yearly recoveries to be realized through HRDC's activities will remain the same.

In the past three years, various representations have been made by claimants, claimants' representatives, unions and members of Parliament, which lead to an internal consultative process and resulted in the proposed changes.

This regulatory amendment was prepared by Insurance Policy in consultation with Investigation and Control, Insurance Program Services, Legal Services, Strategic Policy and Systems within HRDC, and with Treasury Board, the Privy Council Office and the Department of Justice Canada. All parties concur with the format reflected in the regulation.

Existing compliance mechanisms contained in HRDC's adjudication and control procedures will ensure that these changes are properly implemented and subsequently evaluated.

This initiative will not impact negatively on the ability of the federal government, other levels of governments or the private sector to achieve year 2000 compliance.

Policy Application: Jim Little, Senior Program Officer, Investigation and Control Directorate, Human Resources Development Canada, 140 Promenade du Portage, 10th Floor, Ottawa, Ontario K1A 0J9, (819) 997-3591 (Telephone), (819) 994-4799 (Facsimile); or Regulatory Policy: Francine Blouin Wilkinson, Senior Policy Advisor, Policy and Legislation Development, Insurance Policy, Human Resources Development Canada, 140 Promenade du Portage, 9th Floor, Ottawa, Ontario K1A 0J9, (819) 997-8630 (Telephone), (819) 953-9381 (Facsimile).

Notice is hereby given that the Canada Employment Insurance Commission, pursuant to paragraph 54(d.1) of the Employment Insurance Act (see footnote e), proposes, subject to the approval of the Governor in Council, to make the annexed Regulations Amending the Employment Insurance Regulations.

Any interested person may make representations with respect to the proposed Regulations within 15 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to Francine Blouin Wilkinson, Senior Policy Advisor, Policy and Legislation Development, Insurance Branch, Human Resources Development Canada, 9th Floor, 140 Promenade du Portage, Ottawa, Ontario, K1A 0J9.

1. Subsections 15(4) and (5) of the Employment Insurance Regulations (see footnote 14) are replaced by the following:

(a) for a claimant who is employed by an employer, the period referred to in that subsection

(i) begins on the Sunday of the first week

(A) for which benefits are claimed, and

(B) during which work is performed for that employer or in respect of which earnings from that employer must be taken into account under subsection (2), and

(ii) ends on the earlier of

(A) the Saturday before the first week after the week referred to in subparagraph (i) for which no benefits are claimed, and

(B) the Saturday before the first week after the week referred to in subparagraph (i) during which no work is performed for that employer and in respect of which no earnings from that employer must be taken into account under subsection (2);

(b) for a claimant in respect of whom regulations made under Part VIII of the Act apply, the period

(i) begins on the Sunday of the first week

(A) for which benefits are claimed, and

(B) during which the claimant is employed as a fisher, and

(ii) ends on the earlier of

(A) the Saturday before the first week after the week referred to in subparagraph (i) for which no benefits are claimed, and

(B) the Saturday before the week during which the claimant ceases to be employed as a fisher; and

(c) for a claimant in respect of whom subsection 30(1) applies, regardless of the exemptions provided for by subsections 30(2) and (4), the period begins

(i) on the Sunday of the first week

(A) for which benefits are claimed, and

(B) in which the claimant is self-employed, engaged in the operation of a business or employed in other employment, as described in subsection 30(1), and

(ii) ends on the earlier of

(A) the Saturday before the first week after the week referred to in subparagraph (i) for which no benefits are claimed, and

(B) the Saturday before the week during which the claimant ceases to be self-employed, engaged in the operation of a business or employed in other employment, as the case may be, as described in subsection 30(1).

(5) Where earnings have been declared by a claimant in respect of weeks for which they were not earned, the period referred to in paragraph (4)(a), (b) or (c) includes any week for which earnings were not declared and benefits were claimed.

2. These Regulations come into force on the day on which they are registered.

Regulations Amending the Employment Insurance Regulations

This regulatory change will authorize the Department to produce in late-December 1999 a computer tape containing the requisite information from every active claimant's computer file. This will permit each regional pay centre to independently produce advance benefit warrants/cheques for each claimant who is claiming Employment Insurance (EI) benefits in January 2000 without the immediate necessity of having the regular reporting cards that are required to issue cheques.

An insert will be attached to the last benefit payment cheques in December 1999 and to all advance benefit payment cheques issued in the unlikely event of a Year 2000 (Y2K) disruption. It will explain to claimants the contingency measures and that after any possible disruption they would be getting regular reporting cards on which to report their entitlement conditions (employment, other earnings, non-availability, etc.) during the period covered by the contingency cheques. This insert will advise claimants that this constitutes their advance claim for benefit in case of disruption. The Canada Employment Insurance Commission will be asked to use its authority under subsection 50(10) of the Employment Insurance Act to waive the requirement to return regular reporting cards during the duration of any potential Y2K disruption.

The amount of the cheques will be based upon the information held in late December in the Human Resources Development Canada (HRDC) computer system for each claimant. The tapes will be held in reserve and will only be used to produce cheques if there is an electrical or telecommunications breakdown caused by Y2K. The advance benefit cheques would then be available for distribution by postal service or from local Human Resource Centres of Canada (HRCC) offices. This contingency plan would only be used if there were problems with our regular pay system that prevented cheques being issued at the regular time. Cheques can be issued this way for as long any possible breakdown occurs.

For new claims without a record in the computer system in late December 1999, a computerized utility program has been developed. It will allow the capture of sufficient basic facts on new applications, on renewals and revisions of existing claims, so that entitlement can be determined on an interim basis. Then advance benefit cheques can be issued by this back-up system until normal operations are restored. This back-up system for capturing claim data and cheque issuance can operate on back-up electrical generating systems.

When claims are restored to the regular benefit pay system after a possible disruption, the claimant would return the regular report cards. Then, any changes in entitlement conditions would be adjudicated and processed, and any overpayment of EI benefits would be recovered from subsequent benefits or by other normal means as already exist.

These amendments are considered to be the most appropriate and economical means to protect HRDC's EI claimant population from a potential disruption that might occur because of the Year 2000 effect on electrical, electronic and telecommunications systems.

The income support received by claimants under the EI program is often the only source of income into a household, and maintaining this source of income is a federal government commitment to Canadians. By using these computer tapes, the expense of issuing advance benefit cheques that might never be used is avoided, unless a disruption caused by Y2K occurs. It allows HRDC to specifically target these contingency measures nationally should a Y2K disruption occur.

The operations development costs (which includes reducing backlogs before year-end) to support this amendment are estimated at $1 million, a minor amount given the essential protection afforded by this regulatory amendment and the systems preparations. This amount and the related systems costs are already included in the departmental commitment to Y2K preparedness. This will be the sole cost if the anticipated Y2K disruption does not occur.

It is impossible to predict the extent of further costs or the number of EI claimants who would benefit, because it is uncertain whether any Y2K disruption will occur or the extent of it, if it were to occur. If the contingency plans were to be implemented, the production of EI benefit cheques is estimated at approximately $125,000 every two weeks for all claimants. The cost of distributing benefit cheques is unknown because the distribution may be done internally by HRDC or externally by the postal service. If internal, it would be done by a re-allocation of staff as during the last postal strike. If external, it would be done at the present cost of postal services.

The cost of running the stand-alone computer system for collecting basic data on new, renewal and revised claims will be significantly less than current operating costs to process the same number of claims. The cost of re-establishing those new, renewal and revised claims back on the regular benefit pay system is estimated at roughly $62 per claim. Of course, these amounts will not be required if, as expected, no Y2K disruption occurs. They would be covered under HRDC's standard operating costs.

These regulatory amendments were prepared by Human Resources Development Canada, Insurance Policy in consultation with Insurance Program Services, Systems and Legal Services. All concur with the format reflected in the regulations.

Consultations were carried out with the National Contingency Planning Group (NPCG) of the Treasury Board Secretariat, Revenue Canada, the departments of Justice and National Defence, as well as Industry Canada and Public Works and Government Services Canada. This amendment can only benefit Canadians who must rely on the income support provided by EI benefits during January 2000. However, these amendments are being pre-published in the Canada Gazette, Part I.

The frequency of payments is in line with Treasury Board policy and guidelines. Existing compliance mechanisms contained in HRDC's adjudication and control procedures will ensure that these changes are properly implemented.

Through agreements that have been reached with the above-mentioned government departments, this initiative will not impact negatively on the ability of the federal government, other levels of government, or of the private sector to continue to conduct normal business during a Y2K crisis. In fact, it is an essential part of Y2K preparedness, as mandated by the NPCG of the Treasury Board Secretariat.

Glenn Ramsay, Senior Policy Advisor, Policy and Legislation Development, Insurance, Human Resources Development Canada, 140 Promenade du Portage, 9th Floor, Ottawa, Ontario K1A 0J9, (819) 994-6044 (Telephone), (819) 953-9381 (Facsimile).

Notice is hereby given that the Canada Employment Insurance Commission, pursuant to paragraph 54(v) of the Employment Insurance Act (see footnote f), proposes, subject to the approval of the Governor in Council, to make the annexed Regulations Amending the Employment Insurance Regulations.

Interested persons may make representations with respect to the proposed Regulations within 15 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Glenn Ramsay, Policy and Legislation Development, Insurance Branch, Human Resources Development Canada, 9th Floor, 140 Promenade du Portage, Ottawa, Ontario K1A 0J9.

1. Section 28 of the Employment Insurance Regulations (see footnote 15) is amended by striking out the word "or" at the end of paragraph (a), by adding the word "or" at the end of paragraph (b) and by adding the following:

(c) there is, or is anticipated to be, a disruption of electrical service, electronic processes or telecommunications that will prevent the processing of claims for benefits in the normal manner and in a timely fashion.

2. These Regulations come into force on the day on which they are registered.