| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
Vol. 137, No. 33 — August 16, 2003 Regulations Amending the National Parks of Canada Lease and Licence of Occupation RegulationsStatutory Authority Canada National Parks Act Sponsoring Agency Parks Canada Agency REGULATORY IMPACT Description The National Parks of Canada Lease and Licence of Occupation Regulations (the Regulations) were established under the authority of the Canada National Parks Act. The Regulations provide authority to grant leases and licences of occupation for the use of public lands in the national parks and establish the rents for the use of park lands. The rents apply to commercial, institutional and residential uses, including the use of cottages on park lands. Parks Canada fosters continuing discussions with lessees on the establishment of fair rental rates for the use of Crown land within the national parks of Canada. As a result of recent discussions with cottage lessees, changes are being made to the rates of rental applicable to particular cottage lessees under the Regulations. Major amendments to the rates of rental applicable to the use of park lands in the national parks, including those for cottage leases, took place in July 2002. A review of the amendments by Parks Canada and leaseholders has prompted the need for adjustment to some of the rates of rental brought into effect at that time. Amendments are being made to the Regulations to update provisions relating to rental rates for year-round and seasonal occupancy of residential cottages on lots with areas greater than 1 500 square metres. The new rent provisions will apply to fifty lessees in the Lake Edith Cottage Subdivision in Jasper National Park of Canada, two lessees in the Waterton Visitor Centre in Waterton Lakes National Park of Canada and one lessee in the Waskesiu Visitor Centre in Prince Albert National Park of Canada. Specifically, the amendments will: (a) reduce the maximum annual rental rate for cottages used on a year-round basis on lots exceeding 1 500 square metres from $4,000 to $3,500 per annum; and (b) reduce the maximum annual rental rate for cottages used on a seasonal basis on lots exceeding 1 500 square metres from $3,500 to $3,000 per annum. Technical amendments will also be made to the Regulations to clarify certain provisions respecting rates of rental which were brought into effect in 2002. Specifically, subsection 8(3) provides that one of the formulas for calculating the rent on a new lease may be the same as the formula that was used for calculating the rent in the last year of the expired lease. This provision is intended to be restricted to lessees of record in 2002. The amended provision removes any ambiguity as to eligibility for this rent option. A second provision, specifically subsection 12(3) of the Regulations, will be amended to clarify that the rental options specified in that provision are available to lessees in cottage areas only. The current version of subsection 12(3) will be amended to add appropriate cross-references to those provisions of the Regulations which describe the type of leases and the locations within communities where the particular rental rates for cottages apply. Alternatives The only alternative is to maintain the status quo. This would not be acceptable if Parks Canada is to manage land use and occupancy in the national parks under modernized and equitable standards. Benefits and Costs Parks Canada is adjusting the maximum rental rates for oversized cottage lots (greater than 1 500 square metres) to align proportionally with the maximum rental rates for regular sized lots (1 500 square metres and less). Regular sized lots have maximum year-round rates of $1,750 per annum and seasonal rental rates of $1,500 per annum. The annual land rental rates for oversized lots will be set at an amount which is double the annual land rental rates for regular sized cottage lots. The rationale for the proportion is that the average size of an oversized lot is approximately twice the size of an average regular sized lot. Parks Canada will incur no significant costs in the administration of the leases and licences associated with this initiative. Consultation Parks Canada has carried out continued consultations with lessees in the Lake Edith Resort Subdivision in Jasper National Park of Canada as well as with certain lessees in the Waterton Visitor Centre in Waterton Lakes National Park of Canada and in the Waskesiu Visitor Centre in Prince Albert National Park of Canada. During the consultations with lessees in Lake Edith Subdivision, Parks Canada was successful in reaching a consensus on appropriate maximum annual rental rates for oversized cottage lots in that subdivision. The lessees in the Waterton Visitor Centre and in the Waskesiu Visitor Centre have been advised of the proposed rental rate change and that, if applicable, it would be available to them. Consultations also took place on the technical amendments to subsections 8(3) and 12(3) of the Regulations which are intended to augment the clarity of those provisions. Regional representatives of the Department of Justice who advise Parks Canada on realty management issues are in full agreement with the technical changes. The amendments will serve to improve the understanding and interpretation of the Regulations by leaseholders and by Parks Canada staff who administer the cottage leases in question. Compliance and Enforcement The compliance mechanisms for leases are contained within the terms and conditions of each lease agreement. The breach of any of the terms or conditions of a lease could result in the termination of the lease. Contact Gerry Doré, Chief, Legislation and Regulations, National Parks Directorate, Parks Canada, 4th Floor, 25 Eddy Street, Gatineau, Quebec K1A 0M5, (819) 953-7831 (Telephone), (819) 994-5140 (Facsimile); and John Low, Chief, Land Management, Strategy and Plans Directorate, Parks Canada, 6th Floor, 25 Eddy Street, Gatineau, Quebec K1A 0M5, (819) 994-5794 (Telephone), (819) 953-2004 (Facsimile). PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to subsection 16(1) of the Canada National Parks Act (see footnote a) , proposes to make the annexed Regulations Amending the National Parks of Canada Lease and Licence of Occupation 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 Gerry Doré, Chief, Legislative and Regulatory Affairs, National Parks, Parks Canada, 25 Eddy Street, Hull, Quebec K1A 0M5 (Fax.: (819) 997-0835). Ottawa, August 13, 2003
EILEEN BOYD
REGULATIONS AMENDING THE NATIONAL PARKS OF CANADA LEASE AND LICENCE OF OCCUPATION REGULATIONS AMENDMENTS 1. Subsection 8(3) of the National Parks of Canada Lease and Licence of Occupation Regulations (see footnote 1) is replaced by the following: (3) Despite subsections (1) and (2), if a person — including the personal representative or heir of the person — was a lessee under a lease, the rental rate for which was set either in 2002 in accordance with clause 7(1)(b)(iii)(B), or in 2002 or 2003 in accordance with subparagraph 8(1)(c)(ii) or (2)(c)(ii), remained the lessee under that lease until its expiry or surrender and is offered a new lease or a renewal of the lease, the rental rate for the new lease or the renewal, as the case may be, may be the rental rate in the last year of the expired or surrendered lease, which rental rate shall be adjusted each year throughout the term of the replacement lease by compounding it by the average of the previous five years' Consumer Price Indices, subject to a maximum rental rate increase in any year of 5%. 2. (1) Subsection 12(3) of the Regulations is replaced by the following: (3) In respect of those leases referred to in subparagraph 7(1)(>b)(iii) or paragraph 8(1)(c) or (2)(c) or 11(1)(c), the rental rate shall — subject to subsections (3.1) and (3.11) in respect of those leases referred to in paragraph 8(1)(c) and subject to subsections (3.2) and (3.21) in respect of those leases referred to in paragraph 8(2)(c) — be adjusted on March 31 of each year throughout the term of the lease by compounding the rate by the average of the previous five years' Consumer Price Indices, subject to a maximum rental rate increase in any year of 5%. (2) Section 12 of the Regulations is amended by adding the following after subsection (3.1): (3.11) The maximum rental rate in respect of those leases referred to in paragraph 8(1)(c) that pertain to leased lands with an area greater than 1 500 m2 shall be $3,500 per annum for the year 2003. (3) Subsection 12(3.3) of the Regulations is replaced by the following: (3.21) The maximum rental rate in respect of those leases referred to in paragraph 8(2)(c) that pertain to leased lands with an area greater than 1 500 m2 shall be $3,000 per annum for the year 2003. (3.3) Maximum rental rates in subsections (3.1) to (3.21) shall be adjusted on March 31 of each year throughout the term of each lease to which they apply by compounding the maximum rental rates by the average of the previous five years' Consumer Price Indices, subject to a maximum increase in any maximum rental rate in any year of 5%. 3. Section 14 of the Regulations is replaced by the following: 14. The rental rate for a lease of public lands shall be $1 per annum where the leased public lands are occupied only by eligible residents and the lands have been leased since May 19, l911 to an eligible resident described in paragraph (f) of the definition "eligible resident" in subsection 2(1) or to the spouse or common-law partner or a dependant of the eligible resident. COMING INTO FORCE 4. These Regulations come into force on the day on which they are registered. [33-1-o] Regulations Amending Schedule I to the Payments in Lieu of Taxes ActStatutory Authority Payments in Lieu of Taxes Act Sponsoring Department Department of Public Works and Government Services REGULATORY IMPACT Description These Regulations amend Schedule I of the Payments in Lieu of Taxes Act. The Standing Joint Committee for the Scrutiny of Regulations advised of a matter needing correction with respect to the Payments in Lieu of Taxes Act. Schedule I of the Payments in Lieu of Taxes Act contains references to the Vancouver Port Corporation and certain property that falls under the control of this Crown corporation and that is occupied by Environment Canada. The enactment of the Canada Marine Act and other recent amendments to the Payments in Lieu of Taxes Act and the Crown Corporations Payments Regulations have superseded the requirement to maintain this reference with regard to the Vancouver Port Corporation real property contained in the regulation in question. This regulatory amendment will repeal entirely the paragraph in Schedule I of the Payments in Lieu of Taxes Act which refers to the Vancouver Port Corporation. Alternatives Amendments designed to correct the irregularities of the regulation were considered as a regulatory alternative. However, after consideration by all stakeholders it was determined that the current Act and the Crown Corporations Payments Regulations provide authority for the Vancouver Port Authority to make payments to its host taxing authority with respect to the real property described in Schedule I. The non-regulatory solution is that the Vancouver Port Authority shall make payments in lieu of taxes to the host taxing authority and thereafter recover the cost from Environment Canada, by way of an administrative agreement. Benefits and Costs This amendment will serve to simplify the payment in lieu of taxes to the host municipality. There are no costs associated with this regulatory initiative. Consultation Consultations have taken place with Transport Canada, the Vancouver Port Authority and Environment Canada, and all support this regulatory amendment. Compliance and Enforcement Applications for payments in lieu of taxes related to the amendments will be audited, as are all applications, to ensure compliance with the provisions of the Payments in Lieu of Taxes Act. Contact Mr. Colin Boutin, National Manager, Policy and Strategic Initiatives, Payments in Lieu of Taxes, Management and Consulting, Public Works and Government Services Canada, 191 Promenade du Portage, Gatineau, Quebec K1A 0S5, (819) 956-7435 (Telephone), (819) 956-7590 (Facsimile), colin. boutin@pwgsc.gc.ca (Electronic mail). PROPOSED REGULATORY TEXT Notice is hereby given, pursuant to subsection 9(2) of the Payments in Lieu of Taxes Act (see footnote b) , that the Governor in Council, pursuant to paragraph 9(1)(a) (see footnote c) of that Act, proposes to make the annexed Regulations Amending Schedule I to the Payments in Lieu of Taxes Act. Interested persons may make representations with respect to the proposed Regulations to the Minister of Public Works and Government Services 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 Colin Boutin, National Manager of Policy and Strategic Initiatives, Payments in Lieu of Taxes Directorate, Department of Public Works and Government Services Canada, 191 Promenade du Portage, Hull, Quebec K1A 0S5 (tel.: (819) 956-7435; fax: (819) 956-7490; e-mail: Colin.Boutin@ pwgsc.gc.ca). Ottawa, August 13, 2003
EILEEN BOYD
REGULATIONS AMENDING SCHEDULE I TO THE PAYMENTS IN LIEU OF TAXES ACT AMENDMENT 1. Schedule I to the Payments in Lieu of Taxes Act (see footnote 2) is amended by striking out the following: Vancouver Port Corporation, with respect to the real property or immoveables owned by Her Majesty in right of Canada which consists of Lot 5, Parcel D, District Lots 469 and 611, Group I, NWD and an adjacent portion of the bed of Burrard Inlet, which portion contains approximately 43.9 acres, and Lots 4-12, Parcel 4, District Lot 469, Group I, NWD, and an adjacent portion of the bed of Burrard Inlet, which portion contains approximately 13.5 acres and under the administration and control of the Department of the Environment. COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. [33-1-o] Regulations Amending the Life Saving Equipment RegulationsStatutory Authority Canada Shipping Act Sponsoring Department Department of Transport REGULATORY IMPACT Description These Regulations amend the Life Saving Equipment Regulations (the Regulations) for administrative and safety reasons as follows: Administrative To incorporate by reference TP 13571, entitled Standards for SOLAS Lifejackets, which details the labeling and information that must be supplied with Safety of Life at Sea (SOLAS) lifejackets. Safety 1. To clarify the wording of the Regulations so that passenger vessels will be required to ensure there are sufficient lifejackets suitable for children aboard in all situations. 2. Require lifejackets be readily accessible for immediate use and be stowed in locations that are conspicuously marked. 3. Amend the current requirement for signage identifying the location of life saving equipment to require signage specifically indicating the location of lifejackets, and lifejackets suitable for children. 4. Allow a service interval of up to 30 months for specially designed inflatable survival equipment used on domestic vessels. 5. Require inspection and testing of survival craft be carried out weekly on Safety Convention vessels. Alternatives No alternatives other than the status quo were considered for amendments of an administrative nature. For amendments of a safety nature, consideration was given to maintaining the regulatory status quo. Voluntary compliance was considered but, as safety is the key focus of these amendments, it was rejected in favour of legally-enforceable regulations. The amendment requiring weekly inspection and testing of survival craft on Safety Convention vessels is to correct a previous amendment, which inadvertently included Safety Convention vessels with domestic requirements for inspection at two-week intervals. Benefits and Costs The Regulations currently require passenger vessels to carry lifejackets suitable for children for 10 percent of the complement. In the vast majority of situations, passenger vessels will have more than enough lifejackets suitable for children on board. This amendment will clarify the Regulations, so that passenger vessel operators will be required to have a properly sized lifejacket for each individual on board. The Regulations currently require signage indicating the location of lifesaving equipment. This amendment will require that the location of both adult and children's lifejackets are identified. The current Regulations do not specifically address how lifejackets must be stored when they are carried on board. This amendment will require that lifejackets are stored in a readily accessible location so that they are available for immediate use. The amendment to allow for an extended service interval for specially designed inflatable survival equipment will allow operators to reduce maintenance costs without compromising safety. Environmental Impact These Regulations will have no environmental impact. Consultation On September 4, 2001, Transport Canada's Marine Safety issued a Ship Safety Bulletin (Number 07/2001), regarding Accessibility of Life Saving Equipment. The Ship Safety Bulletin suggested storing lifesaving equipment such as lifejackets in readily accessible locations. The bulletin also indicated that future suggested amendments to the Life Saving Equipment Regulations would require lifejackets be stored in well-marked accessible locations on all passenger vessels. The suggested amendments were also discussed during the November 2002, and May 2003 sessions of the Canadian Marine Advisory Council (CMAC) in the Construction and Equipment standing committee. No opposition to the proposed amendments were expressed at these meetings. Members of the standing committee welcomed the suggested amendment to allow a 30-month service interval for specially designed inflatable survival equipment. Compliance and Enforcement These Regulations do not require new or additional compliance and enforcement measures or resources. Marine Safety inspectors routinely enforce these Regulations as part of their inspection duties. Contact John Murray, Senior Marine Safety Inspector, Safety Equipment, Marine Safety, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8, (613) 998-0604 (Telephone), (613) 991-4818 (Facsimile). PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to section 314 (see footnote d) and subsections 338(1) (see footnote e) and 339(1) of the Canada Shipping Act, proposes to make the annexed Regulations Amending the Life Saving Equipment Regulations. Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 60 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 John Murray, Senior Marine Safety Inspector, Safety Equipment, Marine Safety Directorate (AMSRE), Transport Canada, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (General inquiries — tel.: (613) 998-0604; fax: (613) 991-4818). 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. Ottawa, August 13, 2003
EILEEN BOYD
[33-1-o] REGULATIONS AMENDING THE LIFE SAVING EQUIPMENT REGULATIONS AMENDMENTS 1. Subparagraph 7(g)(iii) of the Life Saving Equipment Regulations (see footnote 3) is replaced by the following: (iii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater; 2. Paragraph 9.1(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 3. Subparagraph 10(i)(iii) of the Regulations is replaced by the following: (iii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater; 4. Subparagraph 11(h)(iii) of the Regulations is replaced by the following: (iii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater; 5. Subparagraph 12(f)(iii) of the Regulations is replaced by the following: (iii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater; 6. Paragraph 13.1(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 7. Subparagraph 14(g)(iii) of the Regulations is replaced by the following: (iii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater; 8. Paragraph 15(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 9. (1) Paragraph 16(1)(f) of the Regulations is replaced by the following: (f) the following supply of lifejackets:
(ii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater; (2) Paragraph 16(2)(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 10. (1) Paragraph 17(5)(b) of the Regulations is replaced by the following: (b) the following supply of lifejackets:
(ii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater; (2) Paragraph 17(6)(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 11. (1) Paragraph 18(5)(b) of the Regulations is replaced by the following: (b) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater. (2) Subsection 18(7) of the Regulations is replaced by the following: (7) A Class VI ship shall be provided with signs that indicate the location of life saving equipment that is not stowed in plain view. 12. (1) Paragraph 19(7)(b) of the Regulations is replaced by the following: (b) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater. (2) Paragraph 19(10)(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 13. Subparagraph 38(b)(ii) of the Regulations is replaced by the following: (ii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater, 14. Paragraph 41(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 15. Subparagraph 48(b)(ii) of the Regulations is replaced by the following: (ii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater, 16. Paragraph 51(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 17. Subparagraph 58(b)(ii) of the Regulations is replaced by the following: (ii) enough that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater, 18. Paragraph 60(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 19. Paragraph 63(b) of the Regulations is replaced by the following: (b) enough lifejackets that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater. 20. Paragraph 65(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 21. Paragraph 69(b) of the Regulations is replaced by the following: (b) enough lifejackets that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater. 22. Paragraph 71(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 23. Paragraph 73(b) of the Regulations is replaced by the following: (b) enough lifejackets that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater. 24. Paragraph 78(b) of the Regulations is replaced by the following: (b) enough lifejackets that are suitable for children for at least 10 per cent of the complement or one for each child on board, whichever is greater. 25. Paragraph 80(a) of the Regulations is amended by adding the following after subparagraph (i): (i.1) lifejackets and lifejackets suitable for children, 26. The portion of section 113 of the Regulations before paragraph (a) is replaced by the following: 113. The following inspections and tests shall be carried out and recorded in the official log of a ship once every week on a Safety Convention ship and once every two weeks on any other ship: 27. The portion of item 12 of the table to section 121 to the Regulations in column II is replaced by the following:
28. The Regulations are amended by adding the following after section 127: Lifejackets 127.1 Every lifejacket carried on a ship shall be readily accessible for immediate use and stowed in a location that is conspicuously marked. 29. The portion of subsection 128(1) of the Regulations before paragraph (a) is replaced by the following: 128. (1) Signs that indicate the location of survival craft, launching devices, emergency equipment, muster stations or embarkation stations and that provide directions to muster or embarkation stations shall 30. Section 2 of Schedule IV to the Regulations is amended by adding the following after subsection (1.1): (1.2) Despite subsection (1), the interval between servicing may be up to but not more than 30 months if (a) the ship on which the inflatable survival equipment is carried is not a Safety Convention ship; (b) the manufacturer of the inflatable survival equipment recommends an extended interval between servicing of up to but not more than 30 months; and (c) the extended interval between servicing provides a level of safety at least equivalent to that provided by annual servicing. COMING INTO FORCE 31. These Regulations come into force on the day on which they are registered. [33-1-o] S.C. 2000, c. 32 SOR/92-25; SOR/2002-237 S.C. 2000, c. 8, s. 2 S.C. 2000, c. 8, s. 10(1) R.S., c. M-13; S.C. 2000, c. 8, s. 2 R.S., c. 6 (3rd Supp.), s. 35 S.C. 1998, c. 16, s. 8 C.R.C., c. 1436 |
||||||||||||||||||||||||||||
|
NOTICE:
|
|||||||||||||||||||||||||||||
