Canada Gazette

The April 2001 revisions to the tax regime have, for the first time, imposed a tax on tobacco products being purchased for sale in duty free shops. In view of this change, it was determined that a measure was warranted to reduce the cost of operating a shop, thereby encouraging continued investment and growth in this industry. Consequently, the repeal of section 5 of the Duty Free Shop Regulations will result in the elimination of licence fees paid by both airport and land border duty free shops. Pursuant to section 167.1(a) of the Customs Act, this action will be made retroactive to relieve licence fees payable on gross revenues generated by duty free shop sales after July 1, 2001. This action is consistent with a recent comprehensive review of the Regulations which concluded that efforts should continue to reduce red tape to better align the program with modern business practices.

A number of operational enhancements are being implemented concurrently as a result of this review. Off-site storage of goods will be permitted to alleviate current storage constraints. The processes related to the issuance and renewal of licences will be streamlined through the elimination of a review board for new licences and an adjustment of the information required during the renewal process. The goal will be to develop fair and transparent processes that can be carried out quickly and inexpensively.

Other amendments being proposed are "housekeeping." They make changes to the Regulations to reflect the introduction of the Canada Customs and Revenue Agency (CCRA).

No other options were appropriate. Elimination of licence fees will effectively reduce the cost of operating a duty free shop.

These amendments will involve no additional administrative or compliance costs for duty free shop operators or for the CCRA. However, approximately $5.7 million in annual licence fees will no longer be collected by the CCRA. The chief benefit of the amendments will be a significant reduction in the cost of operating airport and land border duty free shops. The industry generally will benefit from these lower operating costs and increased stability.

The CCRA and the Department of Finance have consulted with associations representing the majority of land border and airport duty free shops. The Canadian duty free industry is expected to fully support these amendments.

Compliance monitoring activities will not be required. Consequently, the CCRA and duty free shop operators will incur no new compliance costs as a result of these changes.

Mr. Mike McCann, Manager, Duty Free Shop Program, Operational Policy and Coordination Directorate, Customs Branch, Canada Customs and Revenue Agency, Sir Richard Scott Building, 8th Floor, 191 Laurier Avenue W, Ottawa, Ontario K1A 0L5, (613) 954-7217 (Telephone), (613) 957-7224 (Facsimile), Mike. McCann@ccra-adrc.gc.ca (Electronic Mail).

Notice is hereby given that the Governor in Council, pursuant to sections 30 (see footnote a) and 167.1 (see footnote b) of the Customs Act(see footnote c) , proposes to make the annexed Regulations Amending the Duty Free Shop 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 the Minister of National Revenue, Connaught Building, 7th Floor, 555 MacKenzie Avenue, Ottawa, Ontario K1A 0L5.

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 a consent to disclosure for the purposes of that Act.

1. The definition "Department"(see footnote 1) in section 2 of the Duty Free Shop Regulations(see footnote 2) is repealed.

3. (1) For the purposes of section 24 of the Act and subject to subsection (6), a licence may be issued to any qualified person who makes an application in accordance with subsection (2) and who gives the security required under section 4.

(2) The person shall submit the application for a licence in the prescribed form to the Commissioner.

(g) the Agency is able to provide customs services with respect to the proposed duty free shop.

(a) in the case of a duty free shop at a border crossing point, the licensee submits an application in the prescribed form to the Commissioner at least six months before the date on which the licence is to expire;

6. (1) Section 1, subsections 2(2) and (3) and sections 4 and 5 come into force on the day on which these Regulations are registered.

(2) Subsection 2(1) and section 3 are deemed to have come into force on July 1, 2001.

Regulations Amending the Canadian Aviation Regulations (Part VI)

These proposed Regulations Amending the Canadian Aviation Regulations (Part VI) will revise the French version of Canadian Aviation Regulations (CAR) section 602.86 Carry-on Baggage, Equipment and Cargo to correspond with the intent of this section as expressed in the English version. CAR 602.86 sets forth the requirements for safely stowing and restraining carry-on baggage, equipment and cargo while operating an aircraft.

At present, subsection (1) of the English CAR 602.86 states that no aircraft shall be operated with carry-on baggage, equipment or cargo on board, unless the carry-on baggage, equipment and cargo are stowed in accordance with the requirements in that regulation. On the other hand, the French version of the same subsection states that carry-on baggage, equipment or cargo must be stowed in accordance with the regulation. The use of "or" may be taken to imply that if one of the three categories of items is properly stowed the regulation is satisfied. The intent of the regulation is that any item belonging to any of the three categories must be properly stowed. That is, all items, any of which can be categorized as either "carry-on baggage," "equipment" and "cargo," must be properly stowed. The proposed amendment to subsection (1) in French will change "or" to "and" to correspond with the English version and to clarify that all items belonging to either category must be properly stowed.

In paragraph (2)(b), the English version of CAR 602.86, states "all of the equipment and cargo" stowed in a passenger compartment must be packaged or covered to avoid possible injury to persons on board the aircraft. In contrast, the French version of the same paragraph requires all of the equipment or cargo to be stowed so as to avoid possible injury to persons on board. Although it is evident that the intent is the same for both paragraphs, that is, that all items belonging in either category must be safely stowed, it is possible to interpret the "or" in the French version to indicate that if one category is safely stowed the other need not be so stowed. A proposed amendment will replace "or" in the French version with "and."

In subparagraph (2)(c)(ii) of the English version of CAR 602.86, all passenger service carts and trolleys are required to be restrained during movement of the aircraft on the surface, take-off and landing, and during in-flight turbulence when the pilot-in-command or the in-charge flight attendant has directed that the cabin be secured pursuant to subsection (3) or subsection (4) of CAR 605.25 General Use of Safety Belts and Restraint Systems. The wording of the French version is such as to imply that subsection 605.25(3) or CAR 605.25(4) applies during movement of the aircraft on the surface, during take-off and landing and during in-flight turbulence. The proposed amendment to CAR 602.86(2)(c)(ii) will revise the French wording to correspond with the English and clearly state that CAR 605.25(3) or CAR 605.25(4) apply only during in-flight turbulence when the pilot-in-command or the in-charge flight attendant has directed that the cabin be secured.

Since the proposed amendments are required to clarify the French version of an existing regulatory text, no alternative to regulatory action is available.

The proposed amendments to CAR 602.86 Carry-on Baggage, Equipment and Cargo will ensure the intent of this regulation, as expressed in the English version, is clearly stated in the French version. No change to current practices and procedures will be necessary and no benefit-cost impact is anticipated from this proposed amendment.

The members of the Commercial Air Service Operations Technical Committee of the Canadian Aviation Regulation Advisory Council (CARAC) have been consulted with respect to these proposed amendments. Active 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 Auto Workers, Canadian Business Aircraft Association, Canadian Labour Congress, Canadian Union of Public Employees, Helicopter Association of Canada, Parks Canada, and Teamsters Canada. These proposed amendments were discussed at a meeting of the Commercial Air Service Operations Technical Committee held in December 1999. The Committee accepted the proposed amendments without dissent and recommended their adoption.

The proposed amendments were presented at the Civil Aviation Regulatory Committee (CARC), which is composed of senior managers in the Civil Aviation Directorate of the Department of Transport, on March 10, 2000, and approved by the members of CARC.

These regulations will generally be enforced through the assessment of monetary penalties imposed under sections 7.6 to 8.2 of the Aeronautics Act or through suspension or cancellation of a Canadian aviation document.

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

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 VI).

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)

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.

1. (1) The portion of subsection 602.86(1) of the French version of the Canadian Aviation Regulations (see footnote 3) before paragraph (a) is replaced by the following:

602.86 (1) Il est interdit d'utiliser un aéronef ayant des bagages de cabine, de l'équipement ou du fret à bord, à moins que ces bagages de cabine, cet équipement et ce fret ne soient :

(2) Paragraph 602.86(2)(b) of the French version of the Regulations is replaced by the following:

(b) l'équipement et le fret rangés dans une cabine passagers sont emballés ou recouverts afin d'éviter que les personnes à bord ne soient blessées;

(3) Subparagraph 602.86(2)(c)(ii) of the French version of the Regulations is replaced by the following:

(ii) les chariots de service aux passagers et les chariots-repas sont retenus d'une manière sécuritaire pendant le mouvement de l'aéronef à la surface, le décollage et l'atterissage, de même que pendant la turbulence en vol lorsque le commandant de bord ou le chef de cabine a donné l'ordre d'assurer la sécurité dans la cabine en application des paragraphes 605.25(3) ou (4),

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

Regulations Amending the Motor Vehicle Safety Regulations (Mirrors)

Section 111 of the Motor Vehicle Safety Regulations (MVSR), entitled "Mirrors," specifies the requirements governing the mirrors of all motor vehicles, including passenger cars, motorcycles, multipurpose passenger vehicles, trucks, and buses. This proposed amendment would make changes to the regulations governing mirrors fitted to school buses. The majority of the changes are designed to clarify the testing procedures by introducing more detailed guidelines under which current performance requirements are to be evaluated. The test locations of the driver's eye points are more clearly defined, and instructions are provided for rotating the camera position to represent driver eye and neck movement in accordance with Society of Automotive Engineers (SAE) practices. Mirror adjustment procedures are also clarified, and the front bumper is defined for instances when that bumper is fitted with attached accessories such as crossing-control arms. As a result of a national public consultation on bus safety, it was decided to propose, in addition to changes made to the testing procedure, a smaller minimum average radius of curvature for the System A convex mirrors. There are no changes to existing field-of-view requirements. The requirements for the mirrors of all vehicles other than school buses remain unchanged.

The current Regulations require the performance of the mirror systems to be evaluated using a 95th percentile eyellipse, which is an elliptically shaped template developed by the SAE. The eyellipse template represents the possible locations of the driver's eyes in a driver workspace to determine what drivers can see. The template features two ellipses, representing the left and right eye locations of the driver. Thus, every eye location has a corresponding left and right eye point on the template. These respective left and right eye points are 65 mm apart. However, the current Regulations do not specify a left and right eye point, which has resulted in misinterpretations of what constitutes a valid test location of the driver's eyes. One misinterpretation resulted in the use of the mid-point between the left and right eye. This was not a valid test location because it excluded the extreme portions of the eyellipse template from being tested. The amendment makes it clear that testing must be conducted using respective left and right eye points, which may be positioned anywhere within the 95th percentile eyellipse template.

The current Regulations state that the field-of-view requirements must be met at every driver eye location. Thus, the field-of-view requirements are evaluated separately for the left and right eye points. A school bus manufacturer stated that this requirement was inconsistent with how the human eye works and with SAE Recommended Practice J1050 (SAE J1050), Describing and Measuring the Driver's Field of View (August 1994), a technical paper referenced in the standard. In this document, the direct field-of-view is measured using ambinocular vision. That is, any point or angle is deemed visible if at least one of the eyes can see it. Transport Canada agrees that ambinocular vision is sufficient and proposes to amend the current Regulations to reflect this. It is proposed that for testing purposes, the field-of-view requirements for a particular eye position may be satisfied by placing the camera at either the left or right eye point.

The 95th percentile eyellipse represents the possible locations of the driver's eyes when looking straight ahead, without turning the eyes or head. The current Regulations do not provide any guidelines on how to account for real-world driver eye and neck movement. SAE J1050 contains detailed instructions on how to rotate the eye and neck points to view the mirrors. The procedure described in SAE J1050 establishes limits for horizontal and vertical eye rotation. It also provides a method for locating the appropriate neck pivot point for specific eye locations and for determining the maximum allowable horizontal neck rotation. The procedure also instructs that neck rotation is done only after the maximum allowable eye rotation has been reached and the mirror still cannot be viewed. Transport Canada believes that SAE J1050 provides clear and comprehensive instructions on how to rotate the eye and neck points for testing purposes and that this document should be followed during the testing procedure. Thus, in the proposed changes, the test camera's image plane, which represents the eye point, would be allowed to pivot in the horizontal and vertical planes within the limits of maximum eye rotation established in SAE J1050. The camera would also be allowed to rotate in the horizontal plane about a point corresponding to the neck pivot point specified in SAE J1050 within limits of maximum neck rotation. Horizontal neck rotation would be allowed only after the limits of eye rotation have been reached.

The current Regulations state that the mirrors are to be adjusted for each eye position and are not to be adjusted during the test. The wording resulted in confusion during the testing procedure because it seemed to imply that a single mirror position must satisfy the field-of-view requirements for any eye position within the eyellipse without the need to move or readjust the mirrors. This was not the intended meaning of the Regulations, which was to permit readjustment of the mirrors during testing whenever the eye position is moved. In fact, this readjustment is necessary because anytime a different eye position is chosen, it requires the repositioning of cylinder A in front of the vehicle, which in turn necessitates repositioning of the mirrors. The proposed wording would make it clear that mirrors are not to be readjusted during testing of a particular eye position, but mirrors may be readjusted for subsequent tests at different eye positions.

A school bus manufacturer requested a clarification with regard to the definition of the front bumper when accessories such as crossing-control arms are attached. The current standard requires the entire area from the front bumper surface to cylinder A to be viewed by the System B mirrors. According to this manufacturer, when a crossing-control arm is attached to the front bumper, longer arms are needed for the System B mirrors for the driver to view the area underneath the attachment and in front of the bumper. The manufacturer argued that it is not essential that the area beneath the crossing-control arm be viewed by the System B mirrors because a child could not be completely hidden by this attachment, and that the extra lengths of the System B arms created structural problems. To this end, it is recommended that for testing purposes, front bumper attachments be removed. Transport Canada agrees with this suggestion and proposes the standard be amended accordingly.

The current Regulations specify that the System A convex mirrors have an average radius of curvature of no less than 890 mm (35 inches). A school bus manufacturer argued that this limit is unduly restrictive and necessitates the use of large mirrors that create larger direct-view blind spots for the driver. The manufacturer believes that mirrors with a smaller radius of curvature have been proven acceptable and would have the benefit of reducing the size of the System A mirrors, resulting in a wider field-of-view. Using such mirrors would also make it easier to mount the System A mirrors below the driver's eye level, resulting in a better direct field-of-view. The manufacturer proposes a limit of 482 mm (19 inches). Although the proposed modifications include this recommendation, Transport Canada is seeking comments from mirror and vehicle manufacturers to determine whether or not such a minimum radius of curvature is acceptable for the System A convex mirror.

This amendment would come into effect on the date of its registration by the Clerk of the Privy Council.

This amendment to section 111 of the MVSR, with changes as proposed, is necessary in order for the Department to promote clarity of the test procedures and technical requirements.

The alternative of not making the amendment would mean the current wording could be misinterpreted. This could result in having school bus mirrors that would not provide an adequate field-of-view to the driver. As the lack of visibility in the vicinity of school buses was identified as a significant school bus safety issue during a national public consultation on bus safety, the Department believes the status quo is not the best alternative.

The proposed modifications would not alter the existing field-of-view requirements. Thus, current performance requirements would not be compromised. Changes to the testing procedures would result in a clearer testing method consistent with the latest SAE practices. These changes are needed to avoid misinterpretations of the Regulations.

It is believed that the proposed changes would not result in significant costs to the industry. There would likely be a minor one-time cost to the industry in upgrading testing equipment to accommodate the neck pivot point, which is not in the current Regulations.

The amendment allowing a System A convex mirror with a smaller radius of curvature would not impose a mandatory cost to the industry because the installation of mirrors with greater convexity would be voluntary. On the contrary, this amendment could reduce costs to manufacturers as they may be able to equip their Canadian-specification buses with the same System A mirrors used in their U.S. buses. Currently, manufacturers must equip some of their Canadian bus fleet with mirrors designed specifically for the field-of-view requirements of section 111 of the MVSR. U.S. regulations do not have a minimum permissible radius for System A convex mirrors, while section 111 of the MVSR requires a minimum of 890 mm (35 inches). System A mirrors fitted to buses in the United States tend to be smaller and more convex. Thus, if a U.S. System A convex mirror is able to meet the field-of-view requirements of section 111 of the MVSR, manufacturers would likely choose to fit these mirrors to their buses sold in Canada as well, for economies of scale.

With a lower minimum permissible radius of curvature for the System A convex mirror, bus manufacturers would have greater freedom in designing a mirror system. They could choose to use a System A convex mirror that has a smaller radius of curvature, which would reduce the size of the System A mirrors, while still satisfying the field-of-view requirements. A smaller System A mirror would have the positive effect of reducing the blind spots in the driver's direct field-of-view created by the mirrors. As well, smaller System A mirrors could be located below the driver's eye level to further increase the driver's direct field-of-view.

These regulatory changes are the result of discussions with a major school bus manufacturer who requested clarification of the Regulations with regard to the testing procedures. They are also the result of a bus safety consultation that took place across Canada in 1999-2000, where improvements to the current school bus mirror standard were identified as an area that could significantly improve school bus safety.

It is possible to comment on these proposed changes during the 75-day consultation period that will follow the publication of this proposal in the Canada Gazette, Part I. Comments may also be made at any of the meetings that are held regularly with industry representatives to discuss regulatory development matters. All responses will be taken into consideration in the development of the final amendment.

Motor vehicle manufacturers and importers are responsible for ensuring that their products comply with the requirements of the MVSR. The Department of Transport monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles obtained in the open market. When a defect is found, the manufacturer or importer must issue a notice of defect to owners and to the Minister of Transport. If a vehicle does not comply with a safety standard, the manufacturer or importer is subject to prosecution and, if found guilty, may be fined as prescribed in the Motor Vehicle Safety Act.

For further information, please contact Jay Rieger, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-1962 (Telephone), (613) 990-2913 (Facsimile), riegerj@ tc.gc.ca (Electronic mail).

Notice is hereby given, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote e) , that the Governor in Council, pursuant to section 5 (see footnote f) and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Mirrors).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport 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 sent to Jay Rieger, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5. (Tel.: (613) 998-1962; fax: (613) 990-2913; E-mail: riegerj@tc.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.

1. (1) The portion of subsection 111(14)(see footnote 4) of Schedule IV to the Motor Vehicle Safety Regulations (see footnote 5) before paragraph (a) is replaced by the following:

(14) For the purposes of subsections (16) to (25), a driver's eye position shall be represented by the left and right eye points as defined in SAE Recommended Practice J1050, Describing and Measuring the Driver's Field of View (August 1994), and shall be at any place within the area defined by a 95th percentile eyellipse in accordance with SAE Recommended Practice J941, Motor Vehicle Drivers' Eye Locations (June 1997), with the following adaptations:

(2) Paragraph 111(19)(b) (see footnote 6) of Schedule IV to the Regulations is replaced by the following:

(b) have an average radius of curvature of not less than 482 mm (19 inches); and

(3) Paragraphs 111(25)(b) to (d) (see footnote 7) of Schedule IV to the Regulations are replaced by the following:

(b) every mirror shall be adjusted in accordance with the manufacturer's recommendations to the driver's eye position and is not to be moved or readjusted during testing for that eye position but may be readjusted for subsequent tests for different eye positions;

(c) a still or video camera shall be positioned so that its image plane is located at the driver's eye point in such a manner that the reflective surface is visible to the camera through the windows of the bus;

(d) for a specific driver's eye position, the requirements of subsections (16) to (25) shall be satisfied with the still or video camera positioned at either the left or right eye point;

(i) in the vertical and horizontal planes of its image plane to no greater than the maximum allowable limits of eye rotation specified in SAE Recommended Practice J1050, Describing and Measuring the Driver's Field of View (August 1994), and

(ii) in the horizontal plane of its image plane to no greater than the maximum allowable limit of neck rotation specified in SAE Recommended Practice J1050, at a point corresponding to the neck pivot point as specified in that Recommended Practice, only after the maximum limits of eye rotation have been reached;

(f) all of the still or video camera observations shall be done with the service door of the bus closed and the stop signal arm fully retracted; and

(g) for the purposes of subsection (21), the front bumper shall be the forwardmost structural contour of the bumper excluding the fasteners, protruding discrete bumper stops, and any attached accessories such as crossing control arms, which shall be removed prior to testing.

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