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Vol. 137, No. 31 — August 2, 2003 Regulations Amending the Exclusion List RegulationsStatutory Authority Canadian Environmental Assessment Act Sponsoring Agency Canadian Environmental Assessment Agency REGULATORY IMPACT For the Regulatory Impact Analysis Statement, see Regulations Amending the Inclusion List Regulations. Notice is hereby given that the Governor in Council, pursuant to subparagraph 59(c)(ii) of the Canadian Environmental Assessment Act (see footnote a) , proposes to make the annexed Regulations Amending the Exclusion List Regulations. Interested persons may make representations with respect to the proposed regulations 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 Peter Sherhols, Director, Policy Analysis Canadian Environmental Assessment Agency, Fontaine Building, 14th Floor, 200 Sacré-Cœur Boulevard, Gatineau, Quebec, K1A 0H3. Ottawa, July 24, 2003
EILEEN BOYD
REGULATIONS AMENDING THE EXCLUSION LIST REGULATIONS AMENDMENTS 1. (1) The definition "établissement nucléaire" in section 2 of the French version of the Exclusion List Regulations (see footnote 1) is repealed. (2) The definition "nuclear facility" in section 2 of the English version of the Regulations is replaced by the following: "nuclear facility" has the meaning assigned in section 2 of the Nuclear Safety and Control Act; (installation nucléaire) (3) Section 2 of the Regulations is amended by adding the following in alphabetical order: "Class II nuclear facility" has the meaning assigned in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations; (installation nucléaire de catégorie II) "Class II prescribed equipment" has the meaning assigned in section 1 of the Class II Nuclear Facilities and Prescribed Equipment Regulations; (équipement réglementé de catégorie II) "nuclear substance" has the meaning assigned in section 2 of the Nuclear Safety and Control Act; (substance nucléaire) "radiation device" has the meaning assigned in section 1 of the Nuclear Substances and Radiation Devices Regulations; (appareil à rayonnement) "sealed source" has the meaning assigned in section 1 of the Nuclear Substances and Radiation Devices Regulations; (source scellée) "subcritical nuclear assembly" means an assembly of fissile material, moderators and reflectors that is not designed to achieve a self-sustaining nuclear chain reaction; (assemblage nucléaire non divergent) (4) Section 2 of the French version of the Regulations is amended by adding the following in alphabetical order: « installation nucléaire » S'entend au sens de l'article 2 de la Loi sur la sûreté et la réglementation nucléaires. (nuclear facility) 2. Schedule I to the Regulations is amended by adding the following after section 2: 2.1 The proposed continued operation of an existing physical work where (a) the operation is the same as the existing operation and there is no interruption between the existing and proposed operations; (b) the existing operation has been determined by a federal authority to be unlikely to cause significant adverse environmental effects, taking into account the implementation of mitigation measures, if any; and (c) the mitigation measures and follow-up program, if any, have been substantially implemented. 3. Sections 26 and 27 of Schedule I to the Regulations are replaced by the following: 26. The proposed construction, installation, operation, expansion, modification, decommissioning or abandonment of (a) a subcritical nuclear assembly; (b) Class II prescribed equipment; (c) a radiation device affixed to a nuclear facility; or (d) a Class II nuclear facility other than a Class II nuclear facility that employs a pool-type irradiator in which the form and composition of the nuclear substance within the sealed source is such that the nuclear substance would be readily dispersed in air or easily dissolved in water if the source encapsulation were ruptured. 27. The proposed construction, installation, operation, expansion, modification, decommissioning or abandonment of a physical work for the processing of nuclear substances or the manufacture of sealed sources, where the activity of the annual throughput of nuclear substances is less than 1PBq. 4. Section 28 of Schedule I to the French version of the Regulations is replaced by the following: 28. Projet de construction, d'installation, d'exploitation, de modification, de désaffectation ou d'abandon d'équipement de surveillance ou de sécurité fixé à une installation nucléaire existante ou adjacente à celle-ci. 5. (1) The portion of section 29 of Schedule I to the Regulations before paragraph (a) is replaced by the following: 29. The proposed modification of an existing nuclear facility that is the same as a modification of that nuclear facility for which an environmental assessment has been previously conducted under either the Canadian Environmental Assessment Act or the Environmental Assessment Review Process Guidelines Order, where (2) Paragraph 29(b) of Schedule I to the Regulations is replaced by the following: (b) the mitigation measures and follow-up program if any have been implemented as required in accordance with any timetable established for their implementation in the assessment report. 6. The portion of section 30 of Schedule I to the Regulations before paragraph (a) is replaced by the following: 30. The proposed expansion or modification of any fixed structure within an existing nuclear facility that would not COMING INTO FORCE 7. These Regulations come into force on the day on which they are registered. [31-1-o] Regulations Amending the Law List RegulationsStatutory Authority Canadian Environmental Assessment Act Sponsoring Agency Canadian Environmental Assessment Agency REGULATORY IMPACT For the Regulatory Impact Analysis Statement, see Regulations Amending the Inclusion List Regulations. Notice is hereby given that the Governor in Council, pursuant to paragraph 59(f) of the Canadian Environmental Assessment Act (see footnote b) , proposes to make the annexed Regulations Amending the Law List Regulations. Interested persons may make representations with respect to the proposed regulations 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 Peter Sherhols, Director, Policy Analysis, Canadian Environmental Assessment Agency, Fontaine Building, 14th Floor, 200 Sacré-Cœur Boulevard, Gatineau, Quebec, K1A 0H3. Ottawa, July 24, 2003
EILEEN BOYD
REGULATIONS AMENDING THE LAW LIST REGULATIONS AMENDMENTS 1. Part I of Schedule I to the Law List Regulations (see footnote 2) is amended by adding the following after item 12:
2. Item 3 of Part II of Schedule I to the Regulations is repealed. 3. Item 33 of Part II of Schedule I to the Regulations is repealed. COMING INTO FORCE 4. These Regulations come into force on the day on which they are registered. [31-1-o] Order Amending the ICAO Privileges and Immunities Order (Accredited Missions)Statutory Authority Foreign Missions and International Organizations Act Sponsoring Department Department of Foreign Affairs and International Trade
REGULATORY IMPACT Description The purpose of this Order is to amend the ICAO Privileges and Immunities Order, which relates to the International Civil Aviation Organization (ICAO), so that it reflects amendments to the Foreign Missions and International Organizations Act (the "Act") in force on April 30, 2002, by S.C. 2002, c. 12. Paragraph 5(1)(b.1) was added to the Act in order to clarify the privileges and immunities of accredited missions of international organizations headquartered in Canada for which Orders under the Act apply. Under the amended Act, foreign diplomatic missions accredited to an international organization headquartered in Canada may receive equivalent treatment to foreign diplomatic missions accredited to the Canadian Government. As amended, the Act also provides that an accredited mission is "a permanent mission of a foreign state that is accredited to an international organization headquartered in Canada." The amendments correct a discrepancy between the granting of privileges and immunities to diplomatic missions of foreign states accredited to the Canadian Government and permanent missions accredited to international organizations headquartered in Canada. This Order therefore amends the ICAO Privileges and Immunities Order by introducing a definition of "accredited ICAO mission" granting accredited ICAO missions the full extent of privileges and immunities set out in the Vienna Convention and accorded to diplomatic missions of foreign states. In addition, it grants to the same ICAO missions, with respect to the period beginning on January 1, 1991, and ending on December 31, 2000, those tax relief privileges in relation to Part IX of the Excise Tax Act that are set out in the Vienna Convention and accorded to diplomatic missions of foreign states accredited to Canada. The Vienna Convention on Diplomatic Relations (the "Vienna Convention") is set out in Schedule I to the Act. Alternatives To allow Canada to fulfil its international commitment, there is no alternative to the making of this Order. Benefits and Costs This initiative will allow Canada to fulfil its international commitment, while a positive impact is anticipated on the Canadian economy due to the long-standing presence in Canada of the ICAO. Consultation Representatives of the Department of Foreign Affairs and International Trade consulted with the ICAO, Finance Canada, Justice Canada and the Privy Council Office. Compliance and Enforcement As the purpose of this Order is to grant specific privileges and immunities, appropriate actions will be taken on a case by case basis. Keith Morrill, Director, Criminal, Security and Treaty Law Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario K1A 0G2, (613) 995-8508 (Telephone), (613) 944-0870 (Facsimile), keith.morrill@dfait-maeci.gc.ca (Electronic mail). Notice is hereby given that the Governor in Council, pursuant to paragraph 5(1)(b.1) and subsection 5(1.3) of the Foreign Missions and International Organizations Act, proposes to make the annexed Order Amending the ICAO Privileges and Immunities Order (Accredited Missions). Any interested person may make representations concerning the proposed Order within 30 days after the date of publication of this notice. All such representations must be addressed to Keith Morrill, Director, Criminal, Security and Treaty Law Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario, K1A 0G2, fax.: 613-944-0870, keith.morrill@dfait-maeci.gc.ca or Jim Daman, Director of Sales Tax Division, Tax Policy Branch, Department of Finance, L'Esplanade Laurier — Floor: 16E, 140 O'Connor Street, Ottawa, Ontairo, K1A 0G5, fax: (613) 995-8970, Daman.Jim@ fin.gc.ca, and cite the Canada Gazette, Part I, and the date of this notice. Ottawa, July 24, 2003
EILEEN BOYD
ORDER AMENDING THE ICAO PRIVILEGES AND IMMUNITIES ORDER (ACCREDITED MISSIONS) AMENDMENTS 1. Section 2 of the ICAO Privileges and Immunities Order
(see footnote 3) is amended by adding the following in alphabetical order: "accredited ICAO mission" means a permanent mission of a foreign state that is accredited to ICAO in Canada. (mission accréditée auprès de l'OACI) 2. The Order is amended by adding the following after section 3: Privileges and Immunities — Accredited ICAO Missions 4. Accredited ICAO missions shall have, in Canada, the full extent of privileges and immunities accorded, under the Vienna Convention, to diplomatic missions of foreign states in Canada. 5. Accredited ICAO missions shall have, in Canada, with respect to the period beginning on January 1, 1991 and ending on December 31, 2000, those tax relief privileges in relation to Part IX of the Excise Tax Act that are accorded, under the Vienna Convention, to diplomatic missions of foreign states in Canada. COMING INTO FORCE 3. This Order comes into force on the day on which it is registered. [31-1-o] S.C. 1992, c. 37 SOR/94-639 S.C. 1992, c. 37 SOR/94-636 SOR/94-563 |
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