Canada Gazette

For the Regulatory Impact Analysis Statement, see the Surface Coating Materials Regulations.

Notice is hereby given that the Governor in Council proposes, pursuant to section 6 (see footnote b) of the Hazardous Products Act, to make the annexed Order Amending Schedule I to the Hazardous Products Act (Surface Coating Materials).

Interested persons may make representations with respect to the proposed Order within 75 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 Mary Korpan, Project Officer, Consumer Product Safety Bureau, Product Safety Programme, Healthy Environments and Consumer Safety Branch, Department of Health, Address Locator No. 3504D, MacDonald Building, 123 Slater Street, Ottawa, Ontario K1A 0K9 (fax: (613) 952-1994; e-mail: mary_korpan@hc-sc.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

ORDER AMENDING SCHEDULE I TO THE HAZARDOUS PRODUCTS ACT (SURFACE COATING MATERIALS)

1. Item 2 of Part I of Schedule I to the Hazardous Products Act (see footnote 2) is replaced by the following:

2. Furniture and other articles for children that are painted with a surface coating material containing lead compounds of which the lead content is in excess of 600 mg/kg.

2. (1) The portion of item 9 of Part I of Schedule I to the Act before paragraph (a) is replaced by the following:

9. Toys, equipment and other products for use by a child in learning or play that have applied to them a surface coating material that contains any of the following substances:

(3) Paragraph (b) of item 9 of Part I of Schedule I to the Act is replaced by the following:

18. Pencils and artists' brushes that have applied to them a surface coating material that contains more than 600 mg/kg of lead.

4. Item 31 of Part II of Schedule I to the Act is replaced by the following:

31. Surface coating materials as defined in the Surface Coating Materials Regulations.

Order Amending the New Brunswick Primary Forest Products Order

The Agricultural Products Marketing Act (the Act) provides the authority for the Governor in Council to make orders granting authority to any board or agency authorized under the law of any province to exercise powers of regulation in relation to the marketing of any agricultural product locally within the province, to regulate the marketing of such agricultural product in interprovincial and export trade and for such purposes to exercise all or any powers like the powers exercisable by such board or agency in relation to the marketing of such agricultural product locally within the province.

This amendment to the New Brunswick Primary Forest Products Order (the Order) [SOR/2000-228] will grant to the Madawaska Forest Products Marketing Board (the Board) the same federal authority previously granted to other New Brunswick forest products marketing boards to regulate the marketing of forest products in interprovincial and export trade. This Board has been delegated provincial authority to regulate marketing of forest products within the Madawaska Region of New Brunswick (intraprovincial trade) and is applying for an extension of that authority into interprovincial and export trade. This is done by issuing an amendment to the existing Order under the Agricultural Products Marketing Act.

Section 2 of the Order has also been amended to include the word "with respect to persons and property situated within New Brunswick." The addition of these words will make the Order consistent with existing orders.

The Madawaska Forest Products Marketing Board will use the money collected by levies to finance research, promotion, marketing, development, conservation and management of forestry resources.

There are no legal alternatives available to ensure that the forest products industry in the Madawaska Region of New Brunswick can be regulated to an equal extent in both intraprovincial and interprovincial/export trade.

Benefits to the Madawaska Forest Products Marketing Board are that producers in the Madawaska Region will contribute to the cost of Board administration and silviculture programs through the remittance of levies on product marketed, regardless of its destination. Woodlot owners and purchasers of primary forest products will benefit financially from the additional production of primary forest products which results from the silviculture programs, and broad economic, social and environmental benefits accrue to the larger community from this increase in the production of primary forest products.

By provincial legislation, all producers who market forest products within New Brunswick currently pay a levy at point of sale. With federal authority to impose levies on marketing of forest products in interprovincial and export trade, a level playing field for all producers will be created, by removing the competitive advantage now enjoyed by those who market forest products outside the province and do not currently pay a levy.

There are no costs other than the cost of each levy deduction to the producer. There is no anticipated impact on consumer prices. This will not create any impediments to the marketing of forest products.

Each year in late winter/early spring, each forest products board in New-Brunswick holds district meetings as specified by its marketing plan. These meetings are advertised in local newspapers. The Madawaska Board held meetings in seven districts and all woodlot owners were invited and were eligible to participate. This Order was discussed at each of these meetings and received unanimous support at the Board's annual general meeting. A resolution in support of proceeding to make the Order was then adopted.

The New Brunswick Forest Products Commission (provincial government supervisory body), supports this request. All affected stakeholders have been consulted by holding Board meetings in seven districts. Officials of the National Farm Products Council have reviewed the submission and consider it beneficial to the industry. The Council has received the assurance of the Attorney General's Office in New Brunswick that the Order is consistent with the authority extended to the Madawaska Board under provincial legislation.

This Order, and any regulation or levy order which is made pursuant to it, will be administered by the boards. The Compliance mechanism is found in sections 2.1 and 4 of the Agricultural Products Marketing Act. Section 2.1 states that unpaid levies or charges imposed under the Act by a marketing board or an Agency constitute a debt due to that board or agency and may be sued for and recovered by it in any court of competent jurisdiction. Section 4 provides for fines of up to $500 or imprisonment for a term of up to three months or both for the violation of any order or regulation made by the board or agency under this Act.

Carola McWade, Deputy Executive Director and Registrar, National Farm Products Council, 344 Slater Street, 10th Floor, Canada Building, Ottawa, Ontario K1R 7Y3, (613) 995-9697 (Telephone), (613) 995-2097 (Facsimile), mcwadec@agr.gc.ca (Electronic mail).

Notice is hereby given that the Governor in Council, pursuant to section 2 (see footnote c) of the Agricultural Products Marketing Act, proposes to make the annexed Order Amending the New Brunswick Primary Forest Products Order.

Interested persons may make representation with respect to the proposed Order within 30 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 Carola McWade, Deputy Executive Director and Registrar, National Farm Products Council, 344 Slater Street, 10th Floor, Canada Building, Ottawa, Ontario K1R 7Y3. Tel.: (613) 995-9697; Fax: (613) 995-2097; E-mail: mcwadec@agr.gc.ca.

1. Section 2 of the New Brunswick Primary Forest Products Order (see footnote 3) is replaced by the following:

2. Every Board is authorized to regulate the marketing in interprovincial and export trade of primary forest products produced by producers on private woodlots within its regulated area and for that purpose may, with respect to persons and property situated within New Brunswick, exercise all or any powers like the powers exercisable by the Board under its Plan and the Act in relation to the marketing of primary forest products locally within New Brunswick.

2. The schedule to the Order is amended by adding the following after item 6:

Regulations Amending the Canadian Aviation Regulations (Part VII)

These proposed Regulations Amending the Canadian Aviation Regulations (Part VII) [the Regulations] will introduce a new section, 705.46 Night VFR Flight — Aeroplane, into subpart 5 Airline Operations of Part VII Commercial Air Services (Subpart 705). The proposed section will prohibit operations at night under visual flight rules (VFR) for those aeroplanes being operated in accordance with Subpart 705 of the Canadian Aviation Regulations (CARs) except when the aeroplane is operated within 25 nautical miles of the departure aerodrome or when the flight is being conducted under instrument flight rules (IFR) when the pilot has the aerodrome at which he/she intends to land in sight and has been approved for a visual approach by the controlling air traffic service.

Subpart 705 encompasses the operating and flight rules applicable to the operation by a Canadian air operator, in an air transport service or in aerial work involving sightseeing operations, of aircraft capable of carrying 20 or more passengers. This subpart is also applicable to aeroplanes, other than those authorized to operate under Subpart 4 Commuter Operations of Part VII (Subpart 704), with a maximum certificated take-off weight (MCTOW) of more than 8 618 kg (19 000 lbs.). An air transport service is defined in the Canadian Aviation Regulations (CARs) section 101.01 Interpretation as "a commercial service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points."

The proposed introduction of a prohibition on night VFR for aeroplanes being operated in accordance with Subpart 705 is part of the Department's response to recommendations of the Transportation Safety Board of Canada. As a result of investigations into accidents which occurred under visual flight rules, one of which involved the controlled flight into terrain (CFIT) of a Subpart 705 cargo operation DC-3, the Transportation Safety Board of Canada (TSB) has expressed concern with respect to VFR flights in poor visual conditions. Although the rules pertaining to visual meteorological conditions take into account the effect of night on human visual ability by requiring greater flight visibility at night in uncontrolled airspace than is required during daylight hours, night VFR flights have been identified by the Transportation Safety Board of Canada as particularly of concern with respect to commercial passenger-carrying operations.

Visual flight rules (VFR) require an aircraft to be operated with "visual reference to the surface" (section 602.114 Minimum Visual Meteorological Conditions for VFR Flight in Controlled Airspace and section 602.115 Minimum Visual Meteorological Conditions for VFR Flight in Uncontrolled Airspace). These two sections, along with section 602.116 VFR Over-the-Top (OTT) and section 602.117 Special VFR Flight, define the meteorological conditions (cloud base and visibility) under which VFR flight is permitted. In essence, VFR flight is not permitted when weather conditions prevent identification of landmarks or topographical features for navigational use or when the orientation of the aircraft in relation to the surface cannot be controlled by visual reference.

However, the definition of VFR conditions in terms of cloud base and visibility may obscure the intent of the visual flight rules that there must be some visually identifiable reference which the pilot must be able to use for orientation and navigation. In certain circumstances, the meteorological conditions may meet the criteria to permit VFR flight but the visual references may not be adequate for safe flight. Examples of such circumstances are: "whiteout" conditions where a cloudy sky over snow covered terrain with no man-made landmarks causes a situation where sky and land blend together, no landmarks are available and a horizon cannot be distinguished; during operations at night over sparsely settled areas where the absence of lighted man-made landmarks leaves little or nothing visible on the surface; or during "dark night" conditions with neither moon, stars nor ground lights illuminating the surface over which the flight is being made.

This proposed amendment is one part of the response of the Department to the concerns described above. Additional measures to mitigate, so far as possible, the hazards of operating under conditions of inadequate visibility include planned amendments to the Canadian Aviation Regulations addressing other types of operation and educational efforts drawing the attention of pilots, both professional and recreational, to the hazards of such conditions. The proposed introduction of section 705.46 Night VFR Flight — Aeroplane is an integral part of these measures.

No alternative to regulatory action is available to implement this element of the departmental response to the recommendations of the Transportation Safety Board of Canada.

Throughout the development of the aviation regulations and standards Transport Canada applies risk management concepts. Where there are risk implications the analysis of these proposed amendments has concluded that the imputed risk is acceptable in light of the expected benefits.

Although en route night VFR operations are rarely undertaken by air operators engaged in airline operations (Subpart 705), when such activities do occur the potential consequences of any possible accident, although the accident itself is unlikely, are sufficiently severe to justify action to reduce even further the possibility of such an occurrence.

On the other hand, because en route night VFR operations are infrequently undertaken by these operators, the prohibition of such operations will have little effect on day-to-day activity and, therefore, the cost of this proposal is expected to be negligible. Most air operators involved in Subpart 705 operations prohibit en route VFR flight either by day or by night as a matter of company policy. It has been objected that northern operations will be more severely affected by these proposed operational restrictions than those in less isolated regions. Departmental officials believe that instances of specific hardship at individual sites can be satisfactorily dealt with on a case-by-case basis without sacrificing the overall advantages to aviation safety of this proposal.

The benefits of this proposed amendment are expected to outweigh the costs incurred.

The members of the Commercial Air Service Operations (CASO) Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) were consulted with respect to this proposed amendment to the Canadian Aviation Regulations. The actively participating members of this Technical Committee include the Advisory Committee on Accessible Transportation, Aerospace Industries Association of Canada, Air B.C., Air Canada, Air Canada Pilots Association, Air Line Pilots Association — Canada, Air Transport Association of Canada, Association québécoise des transporteurs aériens inc., Canadian Air Line Dispatchers' Association, Canadian Airlines International Ltd., Canadian Auto Workers, Canadian Business Aircraft Association, Canadian Labour Congress, Canadian Union of Public Employees, Helicopter Association of Canada, Parks Canada, and Teamsters Canada. This proposed amendment was among those discussed at a meeting of the Commercial Air Service Operations Technical Committee in June 1999. The Committee recommended the adoption of the amendment subject to two dissents that were to be further considered at the Civil Aviation Regulatory Committee (CARC).

The proposed amendment was presented at a meeting of the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, on August 31, 1999. The two dissents (see below) were considered by the members of CARC.

The Northern Air Transport Association (NATA) objected to the proposed restriction on VFR operations in the North on the grounds that the impact will disproportionately affect northern operations. For some northern sites, when applied in conjunction with other operational restrictions, a prohibition on night VFR operations will severely reduce aviation access. The Association québécoise des transporteurs aériens inc. (AQTA) stated that a complete ban on night VFR was not supported by the available evidence. The members of CARC decided that it would be preferable to address each case of special hardship due to this proposal individually. The dissents were declined and the proposal was approved.

These regulations will generally be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act, through suspension or cancellation of a Canadian aviation document or through judicial action introduced by way of summary conviction as per section 7.3 of the Aeronautics Act.

Chief, Regulatory Affairs, AARBH, Transport Canada, Safety and Security, Place de Ville, Tower C, Ottawa, Ontario K1A 0N8, General inquiries: (613) 993-7284 or 1-800-305-2059 (Telephone); (613) 990-1198 (Facsimile); www.tc.gc.ca (Internet address).

Notice is hereby given that the Governor in Council, pursuant to section 4.9 (see footnote d) of the Aeronautics Act, proposes to make the annexed Regulations Amending the Canadian Aviation Regulations (Part VII).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 30 days after the date of publication of this notice. All such representations should cite the Canada Gazette, Part I, and the date of publication of this notice. Each representation must be in writing and be sent to the Chief, Regulatory Affairs (AARBH), Civil Aviation, Safety and Security Group, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (General inquiries — tel.: (613) 993-7284 or 1-800-305-2059; fax: (613) 990-1198; Internet address: http://www.tc.gc.ca).

1. The reference "[705.46 to 705.53 reserved]" after section 705.45 of the Canadian Aviation Regulations (see footnote 4) is replaced by the following:

(a) the flight is conducted within 25 nautical miles of the departure aerodrome; or

(b) in the case of an IFR flight, the pilot-in-command establishes visual contact with the intended aerodrome of landing and receives an authorization from the appropriate air traffic control unit or flight service station to conduct a visual approach.

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