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Vol. 136, No. 24 — June 15, 2002 Order specifying that the Canadian Forces are a portion of the public sector employing one hundred or more employees for the purposes of subsection 4(1) of that ActStatutory Authority Employment Equity Act Sponsoring Department Department of Human Resources Development PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to paragraph 4(1)(d) of the Employment Equity Act (see footnote a) , proposes to make the annexed Order specifying that the Canadian Forces are a portion of the public sector employing one hundred or more employees for the purposes of subsection 4(1) of that Act. Interested persons may make representations 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 Lieutenant-Colonel K. Ritchie, Director — Military Gender Integration and Employment Equity 3, National Defence Headquarters, 101 Colonel By Drive, Ottawa, Ontario K1A 0K2 (telephone: (613) 992-6033). 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, June 13, 2002 EILEEN BOYD [24-1-o] Order Specifying the Royal Canadian Mounted Police for the Purposes of the Employment Equity ActStatutory Authority Employment Equity Act Sponsoring Agency Royal Canadian Mounted Police REGULATORY IMPACT ANALYSIS STATEMENT Description The objective of the Employment Equity Act (the Act) is to achieve equality in the workplace so no person is denied opportunities for reasons unrelated to ability. To achieve this objective, employers are required to identify and remove barriers to employment that adversely affect women, aboriginal peoples, persons with disabilities and members of visible minorities. Employers are also required to implement special measures and make reasonable accommodations when these are necessary to achieve and maintain a representative workforce. The Act applies to private sector employers under federal jurisdiction, to Crown corporations with 100 employees or more, and to the federal public service. Therefore, public service employees working within the Royal Canadian Mounted Police (RCMP) are covered by the Act since its coming into force in 1995. Pursuant to the Royal Canadian Mounted Police Act (RCMP Act), the RCMP consists of its members only. The Employment Equity Act does not currently apply to the members of the RCMP. Paragraphs 4(1)(d) and 4(2)(a) of the Employment Equity Act provides that members of the Royal Canadian Mounted Police will be covered by the Act upon order of the Governor in Council, on the recommendation of the Treasury Board, in consultation with the Solicitor General. This Order in Council specifies the Royal Canadian Mounted Police as a portion of the public sector under the Employment Equity Act. Alternatives The RCMP is already participating, on a voluntary basis for their members, in an employment equity program monitored by the Canadian Human Rights Commission. Following the enactment of the new Employment Equity Act in 1995, a formal specific process was set out for the RCMP to be specified under the Act. In order to comply with the Canadian requirements on equality in the workplace, the RCMP has to fall under the Employment Equity Act. No alternatives are considered. The adoption of an order in council pursuant to subsection 4(1)(d) of the Employment Equity Act is the sole method of specifying the Royal Canadian Mounted Police for the purposes of the Act. Benefits and Costs The RCMP recognizes that employment equity is part of a strategic approach to human resource management, which must take advantage of Canada's increasingly diverse work force in order to be successful in today's competitive environment. Public service employees working within the RCMP already benefit from the advantages of the Employment Equity Act. By this Order in Council, members, pursuant to section 2 of the RCMP Act, will now be covered under the Employment Equity Act. The Act is therefore applicable to the entire staff of the RCMP. Consultation The RCMP has been working in consultation with the Canadian Human Rights Commission since 1995 in order to be prepared for compliance with the Employment Equity Act. The proposed Order in Council was developed in consultation with the Treasury Board Secretariat, the Solicitor General of Canada and the Department of Human Resources Development. Since the RCMP was already participating, for their members, in a voluntary employment equity program monitored by the Canadian Human Rights Commission, no further internal consultations were necessary. Compliance and Enforcement The Treasury Board and the Public Service Commission will continue to assume the obligations of the employer with respect to civilian employees within the RCMP. The RCMP will assume responsibility for carrying out the obligations of the employer for its members. The Canadian Human Rights Commission will enforce the obligations of the RCMP with respect to the Act. Contact Dieter Schachhuber, Director, Diversity Management and Official Languages, Royal Canadian Mounted Police, 250 Tremblay Road, Ottawa, Ontario K1A 0R2, (613) 993-5253. PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to paragraph 4(1)(d) of the Employment Equity Act (see footnote b) , proposes to make the annexed Order Specifying the Royal Canadian Mounted Police for the Purposes of the Employment Equity Act. Interested persons may make representations 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 Mr. Dieter Schachhuber, Director, Diversity Management and Official Languages Branch, Royal Canadian Mounted Police, 250 Tremblay Road, Ottawa, Ontario, K1A OR2. Telephone: (613) 993-5253; Fax: (613) 993-3414. Ottawa, June 13, 2002 EILEEN BOYD ORDER SPECIFYING THE ROYAL CANADIAN MOUNTED POLICE FOR THE PURPOSES OF THE EMPLOYMENT EQUITY ACT DESIGNATION 1. The Royal Canadian Mounted Police is specified under paragraph 4(1)(d) of the Employment Equity Act as a portion of the public sector employing one hundred or more employees to which that Act applies. COMING INTO FORCE 2. This Order comes into force on the day on which it is registered. [24-1-o] Regulations Amending the Collision Regulations (Manoeuvring and Warning Signals — Canadian Modifications and Blue Flashing Light)Statutory Authority Canada Shipping Act Sponsoring Department Department of Transport REGULATORY IMPACT ANALYSIS STATEMENT Description The Collision Regulations promote uniform measures and ensure the safe conduct of vessels by giving effect to the International Regulations for Preventing Collisions as Sea, 1972, and include Canadian modifications to those Regulations. The Regulations describe the navigation conduct to be followed, steering and sailing rules, lights and shapes to be displayed, and the sound and light signals to be used by every vessel in Canadian waters, fishing zones and shipping safety control zones and by every Canadian vessel in any waters in order to avoid a collision situation. These Regulations amend Rule 34(k) of Schedule 1, International Regulations for Preventing Collisions at Sea, 1972, with Canadian Modifications, PART D — Sound and Light Signals, Manoeuvring and Warning Signals — Canadian Modifications. In addition, these Regulations amend Rule 45 of Schedule 1 Part F — Additional Canadian Provisions, Blue Flashing Light. Rule 34(k) Rule 34(k) requires that "In the Canadian waters of a roadstead, harbour, river, lake or inland waterway, a power-driven vessel that is leaving a dock or a berth shall give a signal of one prolonged blast." This whistle signal is required to last 4 to 6 seconds in duration. In addition to this signal, the VHF Radiotelephone Practices and Procedures Regulations require that vessels make a navigation safety call on the appropriate VHF radiotelephone channels 15 minutes before and again immediately before departure from the berth. The amendment allows ferries, making regular and frequent trips in Canadian waters, not to give a signal of one prolonged blast as currently required. The conditions for this would be if the visibility is good and the master of the ferry has determined that, due to the absence of traffic in the area, the signal is not needed. Where the whistle is sounded routinely as a safety precaution, regardless of the traffic in the area, the master may decide to continue using the whistle signal on departure. Although not a requirement internationally, a requirement for a whistle signal has been in existence for several decades on the Great Lakes as there is a similar Rule in the United States (US) Inland Navigation Rules. The master of a ferry making a voyage between Canada and the United States will still be required to sound the departure signal in US waters. The amendment is in response to recent complaints from residents that live near the Québec — Lévis ferry terminals and the Sorel — Saint-Ignace-de-Loyola ferry terminals. The complaints are that the frequent, routine sounding of the whistle is an unbearable irritation. In this instance, ferry departures can be as frequent as every 20 minutes from early morning (6:30) to late evening (2:30) every day. When reviewing these complaints, it was found that until recently the ferries making these runs were not sounding the departure signal as required by Rule 34(k). During a recent safety review they became aware of the requirement and subsequently they have changed their practices and now sound the signal. This change has brought about the complaints. Rule 45 Rule 45 allows a "government ship" to exhibit as an identification signal a blue flashing light when providing assistance in a search and rescue (SAR) operation or when engaged in law enforcement activities. The amendment to this Rule allows Canadian Coast Guard Auxiliary (CCGA) vessels to also exhibit the blue flashing light while engaged in SAR activities. Rule 45 is being amended in response to a request from the CCGA that is fully supported by the Canadian Coast Guard (CCG) . The six CCGA organizations are federally incorporated non-profit associations that assist the Canadian Coast Guard in SAR operations and boating safety activities. The CCGA is an integrated part of the Canadian SAR system currently, responding to approximately 1,700 marine SAR incidents in Canada or approximately 25 percent of all SAR incidents each year. In Newfoundland and Labrador alone the CCGA currently responds to over 40 percent of SAR incidents annually. The Canadian Coast Guard feels these numbers support and justify use of the blue flashing light by CCGA vessels. Use of the blue flashing light by the CCGA will identify CCGA vessels to other vessel and aircraft operators during SAR operations. It is particularly important during night operations and during searches in poor weather conditions. This issue has arisen on numerous occasions when the distressed vessel had difficulty identifying the CCGA vessel. In addition, other search vessels or aircraft have also had difficulty identifying a CCGA vessel as a search and rescue vessel. This is especially important when an aircraft wants to direct a CCGA vessel towards a stricken vessel. Alternatives Rule 34(k) Various alternatives were considered and rejected. For Rule 34(k) such alternatives were: to maintain the status quo of continuing to require that all vessels including ferries comply with Rule 34(k); to repeal Rule 34(k) for all vessels; and to require all vessels to sound the departure signal only when considered necessary (prevailing conditions) by masters for safety reasons. When reviewing this issue, and in support of this amendment, it was discovered that Rule 34(k) was not being strictly applied in all ferry operations. It was found that in some ferry operations the practice has been to sound the signal only if the prevailing conditions warranted it to ensure safety. Statistics of marine occurrences in Canada over 10 years were reviewed (i.e., 1991-2000). Nothing was revealed that would indicate that this amendment would have a negative impact on safety. In addition, because ferries operate according to schedules and on fixed routes marked on nautical charts, mariners in the area will be more cognizant of ferry departures. Ferry masters are also particularly familiar with departing conditions and procedures from a given terminal due to the high repetition. Maintaining the status quo would not be considered satisfactory to those who have complained about the noise irritant caused by the routine sounding of the whistle by frequently departing ferries. As well, some areas in and around ferry terminals are becoming increasingly populated and this in turn could mean more frequent use of ferry services and noise complaints. In addition, those ferries that were found not to be sounding the whistle on every departure would be obliged to start this practice or be in a position of non-compliance. This could give rise to further complaints. Consideration was given to permitting every vessel, and not just ferries, to determine on departure whether the whistle signal should be sounded or not. This was rejected, at this time, because it is the nature of the ferry operation (i.e., frequent departures) that gave rise to the whistle signal being a problem. Rule 45 With respect to Rule 45, the alternative to permitting CCGA vessels to use the blue flashing light is to maintain the status quo which disallows CCGA vessels usage of the blue flashing light. This will continue to pose difficulties for the CCGA in identifying their vessels to other SAR resources and distressed vessels. Government vessels and aircraft would continue to waste time and money during SAR operations searching and identifying CCGA vessels during joint SAR operations and incidents. The potential for loss of life is a real possibility when valuable search and rescue time is wasted. Benefits and Costs Rule 34(k) The amendment to Rule 34(k) is considered to be a practical and safe solution that is intended to reduce the noise irritant caused by the excessive sounding of the ferry whistle in areas where ferries operate and make departures on a frequent basis. Where the whistle in being sounded routinely as a safety precaution, regardless of traffic in the area, the master may decide to continue to sound the whistle as necessary. Rule 45 The amendment to Rule 45 will have a positive impact on the ability of SAR resources to save lives at sea. CCGA vessels exhibiting a blue flashing light will be easier and quicker to identify. This will improve on-scene communications and coordination between rescue vessels, aircraft and the distressed vessel. Where government vessels and aircraft can save unnecessary time searching and identifying CCGA vessels during an operation, time and resources can be used to greater effectiveness. There are no implementation costs associated with this initiative other than the cost to the Government to process the amendment. With respect to the amendment to Rule 45, use of the blue flashing light by CCGA vessels is strictly voluntary. Each individual CCGA member who elects to fit the blue flashing light to their vessel will be responsible for all costs associated with outfitting their vessels with the light. Consultation Initial consultations on Rule 34(k) took place with the marine industry during the Quebec Regional Canadian Maritime Advisory Council (CMAC) meeting in October 2000. The majority of comments made were in support of permitting the master to decide when to use the whistle signal under certain conditions. The issue was further discussed by attendees of the Navigation and Operations Standing Committee at the national CMAC meeting held in Ottawa in November 2000. The issue was tabled for discussion by a representative of the Canadian Ferry Operators' Association. No objections were raised and it was recorded that there was general support from all participants. Members attending the May and November 2000 meetings of the national CMAC were advised of the amendment to Rule 45 and were provided an opportunity to discuss and comment. No objections or concerns were identified. The Canadian Coast Guard fully supports use of the blue flashing light by the CCGA. Compliance and Enforcement Compliance with the Collision Regulations is routinely carried out through statutory and periodic inspections by Marine Safety inspectors and by monitoring or responding to reports and complaints from other ships, government agencies, or the general public. The Canadian Coast Guard will monitor and ensure compliance by the CCGA in the use of the blue flashing light and will issue guidelines for its use. The CCGA National Council has also assured the CCG that they will ensure their members comply with the Collision Regulations regarding the proper use and display of the light. The CCGA will be made aware that use of the blue flashing light does not relieve them of their obligations under the Collision Regulations. Penalties for contravention of the Collision Regulations are contained in section 562.14 of the Canada Shipping Act. Contact Robert Turner, AMSEC, Manager, Navigation Safety and Radiocommunications, Ships and Operations Standards, Marine Safety, Transport Canada, 330 Sparks Street, Ottawa, Ontario K1A 0N8, (613) 991-3134 (Telephone), (613) 993-8196 (Facsimile). PROPOSED REGULATORY TEXT Notice is hereby given, pursuant to subsection 562.12(1) (see footnote c) of the Canada Shipping Act, that the Governor in Council, pursuant to section 562.11 (see footnote d) of that Act, proposes to make the annexed Regulations Amending the Collision Regulations (Manœuvring and Warning Signals — Canadian Modifications and Blue Flashing Light). Ship owners, masters, seamen and other interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 90 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Robert Turner, Manager, Navigation Safety and Radiocommunications (AMSEC), Ships and Operations Standards, Marine Safety, Transport Canada, Place de Ville, Tower C, 11th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N8. (Tel.: (613) 991-3134; fax: (613) 993-8196); e-mail: turnerr@tc.gc.ca) Ottawa, June 6, 2002 EILEEN BOYD REGULATIONS AMENDING THE COLLISION REGULATIONS (MANŒUVRING AND WARNING SIGNALS — CANADIAN MODIFICATIONS AND BLUE FLASHING LIGHT) AMENDMENTS 1. Paragraph (k) of Rule 34 of Schedule I to the Collision Regulations is replaced by the following:
(ii) the visibility is not less than 3 miles, and (iii) the master of the ferry has used all available means appropriate to the prevailing circumstances and conditions to determine if the signal is needed for a safe departure and has determined that it is not. 2. Rule 45 of Schedule I to the Regulations is amended by adding the following after paragraph (b):
(d) A vessel referred to in paragraph (b) or (c) that exhibits a blue flashing light as an identification signal is not relieved from the obligation to comply with the Steering and Sailing Rules set out in Part B of this schedule. COMING INTO FORCE 3. These Regulations come into force on the day on which they are registered. [24-1-o] S.C. 1995, c. 44 S.C. 1995, c. 44 R.S., c. 6 (3rd Supp.), s. 78 R.S., c. 6 (3rd Supp.), s. 78 |
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