Vol. 133, No. 47 — November 20, 1999

Regulations Amending the Food and Drug Regulations (1142 — Pyridaben)

Statutory Authority

Food and Drugs Act

Sponsoring Department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Under authority of the Pest Control Products Act, the Pest Management Regulatory Agency (PMRA), of Health Canada, has approved an application for the registration of the pest control product (pesticide) pyridaben as an insecticide for the control of developing stages of mites in apple and peach orchards. This proposed regulatory amendment would establish Maximum Residue Limits (MRLs) under the Food and Drugs Act for residues of pyridaben resulting from this use in apples and peaches/ nectarines, and in imported pears and almonds, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. Pest control products will be registered if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

The human health risk assessment includes an assessment of dietary risks posed by expected residues of the pest control product. An acceptable daily intake (ADI) and/or acute reference dose (ARD) is calculated by applying a safety factor to the no observable adverse effect level determined through extensive toxicological studies. The potential daily intake (PDI) is calculated from the amount of residue that remains on each food when the pest control product is used according to the proposed label and the intake of that food from both domestic and imported sources in the diet. PDIs are established for various Canadian subpopulations and age groups, including infants, toddlers, children, adolescents and adults. Provided the PDI does not exceed the ADI or ARD for any subpopulation or age group, the expected residue levels are established as MRLs under the Food and Drugs Act to prevent the sale of food with higher residue levels. Since, in most cases, the PDI is well below the ADI when MRLs are originally established, additional MRLs for the pest control product may be added in the future, provided the new PDI would still not exceed the ADI or ARD.

After the review of all available data, the PMRA has determined that MRLs for pyridaben, of 1.5 parts per million (ppm) in peaches/nectarines, 0.75 ppm in pears, 0.5 ppm in apples and 0.05 ppm in almonds would not pose an unacceptable health risk to the public.

Alternatives

Under the Food and Drugs Act, it is prohibited to sell food containing residues of pest control products at a level greater than 0.1 ppm unless a higher MRL has been established in Table II, Division 15, of the Food and Drug Regulations. Also under the Food and Drugs Act, the sale of food containing residues of pest control products at a level less than or equal to 0.1 ppm is permitted unless a lower MRL has been established in Table II, Division 15, of the Food and Drug Regulations. In the case of pyridaben, establishment of MRLs for peaches/nectarines, apples, pears and almonds is necessary to support the use of a pest control product which has been shown to be both safe and effective, while at the same time preventing the sale of food with unacceptable residues.

Benefits and Costs

This proposed regulatory amendment will provide joint benefits to consumers, the agricultural industry and importers of agricultural products as a result of improved management of pests and will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

The cost of administering this amendment to the Regulations will not be greater than that of administering the existing Regulations, since monitoring for residues of pest control products, whether or not MRLs have been established, is performed on an ongoing basis. Adequate analytical methodology for analysis of the compound is available.

Consultation

Registration decisions, including dietary risk assessments, made by the PMRA are based on internationally recognized risk management principles, which are largely harmonized among member countries of the Organization for Economic Cooperation and Development. Individual safety evaluations conducted by the PMRA include a review of the assessments conducted at the international level as part of the Joint Food and Agriculture Organization of the United Nations/World Health Organization Food Standards Programme in support of the Codex Alimentarius Commission, as well as MRLs adopted by other national health/regulatory agencies.

Compliance and Enforcement

Compliance will be monitored through ongoing domestic and/or import inspection programs conducted by the Canadian Food Inspection Agency when the proposed MRLs for pyridaben are adopted.

Contact

Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Health Canada, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) of the Food and Drugs Act, proposes to make the annexed Regulations Amending the Food and Drug Regulations (1142 — Pyridaben).

Interested persons may make representations with respect to the proposed Regulations within 60 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 Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator No. 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, November 18, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1142 — PYRIDABEN)

AMENDMENT

1. Table II to Division 15 of Part B of the Food and Drug Regulations(see footnote 1) is amended by adding the following after item P.8:

Item No.	I	II	III	IV
	Common or (Trade Name)	Chemical Name of Substance	Maximum Residue Limit p.p.m.	Foods
P.8.1	pyridaben	2-tert-butyl-5- (4-tert-butylbenzylthio)-4-chloropyridazin-3(2H)-one	1.5	Peaches/ nectarines
			0.75	Pears
			0.5	Apples
			0.05	Almonds

COMING INTO FORCE

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

[47-1-o]

Regulations Amending the Food and Drug Regulations (1152 — Flusilazole)

Statutory Authority

Food and Drugs Act

Sponsoring Department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Under authority of the Pest Control Products Act, the Pest Management Regulatory Agency (PMRA), of Health Canada, has approved an application for the registration of the pest control product (pesticide) flusilazole as a systemic fungicide for the control of a broad spectrum of plant pathogens on apples. This proposed regulatory amendment would establish Maximum Residue Limits (MRLs) under the Food and Drugs Act for residues of flusilazole resulting from this use in apples and in imported grapes, raisins and bananas, in order to permit the sale of food containing these residues. This proposed amendment would also establish MRLs in meat and meat by-products and milk to cover residues in food derived from animals fed with crops treated with flusilazole.

Before making a registration decision regarding a new pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. Pest control products will be registered if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

The human health risk assessment includes an assessment of dietary risks posed by expected residues of the pest control product. An acceptable daily intake (ADI) and/or acute reference dose (ARD) is calculated by applying a safety factor to the no observable adverse effect level determined through extensive toxicological studies. The potential daily intake (PDI) is calculated from the amount of residue that remains on each food when the pest control product is used according to the proposed label and the intake of that food from both domestic and imported sources in the diet. PDIs are established for various Canadian subpopulations and age groups, including infants, toddlers, children, adolescents and adults. Provided the PDI does not exceed the ADI or ARD for any subpopulation or age group, the expected residue levels are established as MRLs under the Food and Drugs Act to prevent the sale of food with higher residue levels. Since, in most cases, the PDI is well below the ADI when MRLs are originally established, additional MRLs for the pest control product may be added in the future, provided the new PDI would still not exceed the ADI or ARD.

After the review of all available data, the PMRA has determined that MRLs for flusilazole of 1 part per million (ppm) in raisins, 0.5 ppm in grapes, 0.2 ppm in apples, 0.1 ppm in bananas and 0.01 ppm in meat and meat by-products and milk would not pose an unacceptable health risk to the public.

Alternatives

Under the Food and Drugs Act, it is prohibited to sell food containing residues of pest control products at a level greater than 0.1 ppm unless a higher MRL has been established in Table II, Division 15, of the Food and Drug Regulations. Also under the Food and Drugs Act, the sale of food containing residues of pest control products at a level less than or equal to 0.1 ppm is permitted unless a lower MRL has been established in Table II, Division 15, of the Food and Drug Regulations. In the case of flusilazole, establishment of MRLs for raisins, grapes, apples, meat and meat by-products and milk is necessary to support the use of a pest control product which has been shown to be both safe and effective, while at the same time preventing the sale of food with unacceptable residues.

Even though the sale of food containing residues of pest control products at a level greater than 0.1 ppm would already be prohibited by virtue of subsection B.15.002(1) of the Food and Drug Regulations, the establishment of an MRL of 0.1 ppm in Table II, Division 15, of the Regulations, for residues of flusilazole in bananas would provide more clarity regarding the applicable MRL and would clearly indicate that the appropriate risk assessment has been completed. This is in keeping with current trends towards increased openness and transparency of regulatory processes and is consistent with current practices of most pesticide regulatory agencies throughout the world.

Benefits and Costs

This proposed regulatory amendment will provide joint benefits to consumers, the agricultural industry and importers of agricultural products as a result of improved management of pests and will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

The cost of administering this amendment to the Regulations will not be greater than that of administering the existing Regulations, since monitoring for residues of pest control products, whether or not MRLs have been established, is performed on an ongoing basis. Adequate analytical methodology for analysis of the compound is available.

Consultation

Registration decisions, including dietary risk assessments, made by the PMRA are based on internationally recognized risk management principles, which are largely harmonized among member countries of the Organization for Economic Cooperation and Development. Individual safety evaluations conducted by the PMRA include a review of the assessments conducted at the international level as part of the Joint Food and Agriculture Organization of the United Nations/World Health Organization Food Standards Programme in support of the Codex Alimentarius Commission, as well as MRLs adopted by other national health/ regulatory agencies.

Compliance and Enforcement

Compliance will be monitored through ongoing domestic and/or import inspection programs conducted by the Canadian Food Inspection Agency when the proposed MRLs for flusilazole are adopted.

Contact

Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Health Canada, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Elec-tronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) of the Food and Drugs Act, proposes to make the annexed Regulations Amending the Food and Drug Regulations (1152 — Flusilazole).

Interested persons may make representations with respect to the proposed Regulations within 60 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 Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator No. 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, November 18, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1152 — FLUSILAZOLE)

AMENDMENT

1. Table II to Division 15 of Part B of the Food and Drug Regulations(see footnote 2) is amended by adding the following after item F.1.2:

Item No.	I	II	III	IV
	Common or (Trade Name)	Chemical Name of Substance	Maximum Residue Limit p.p.m.	Foods
F.1.3	flusilazole	bis (4-fluorophenyl) (methyl)(1H-1,2,4-triazole-1-ylmethyl) silane	1	Raisins
			0.5	Grapes
			0.2	Apples
			0.1	Bananas
			0.01*	Meat and meat by-products and milk

^* includes flusilazole, bis(4-fluorophenyl)(methyl)silanol and 1H-1,2,4-triazole

COMING INTO FORCE

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

[47-1-o]

Regulations Amending the Food and Drug Regulations (1156 — Oxyfluorfen)

Statutory Authority

Food and Drugs Act

Sponsoring Department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Oxyfluorfen is registered under the Pest Control Products Act as a herbicide for the control of certain broadleaf weeds on onions and raspberries. By virtue of subsection B.15.002(1) of the Food and Drug Regulations, the Maximum Residue Limit (MRL) for residues of oxyfluorfen resulting from this use in any food is 0.1 parts per million (ppm).

The Pest Management Regulatory Agency (PMRA), of Health Canada, has recently approved an application to amend the registration of oxyfluorfen in order to allow its use as a ground treatment for the pre-mulching to dormant stage of strawberry plants. This proposed regulatory amendment would establish an MRL for residues of oxyfluorfen resulting from this use in strawberries, in order to permit the sale of food containing these residues.

Before making a registration decision regarding a new use of a pest control product, the PMRA conducts the appropriate assessment of the risks and value of the product specific to its proposed use. The registration of the pest control product will be amended if: the data requirements for assessing value and safety have been adequately addressed; the evaluation indicates that the product has merit and value; and the human health and environmental risks associated with its proposed use are acceptable.

The human health risk assessment includes an assessment of dietary risks posed by expected residues of the pest control product. An acceptable daily intake (ADI) and/or acute reference dose (ARD) is calculated by applying a safety factor to the no observable adverse effect level determined through extensive toxicological studies. The potential daily intake (PDI) is calculated from the amount of residue that remains on each food when the pest control product is used according to the proposed label and the intake of that food from both domestic and imported sources in the diet. PDIs are established for various Canadian subpopulations and age groups, including infants, toddlers, children, adolescents and adults. Provided the PDI does not exceed the ADI or ARD for any subpopulation or age group, the expected residue levels are established as MRLs under the Food and Drugs Act to prevent the sale of food with higher residue levels. Since, in most cases, the PDI is well below the ADI when MRLs are originally established, additional MRLs for the pest control product may be added in the future, provided the new PDI would still not exceed the ADI or ARD.

After the review of all available data, the PMRA has determined that an MRL for oxyfluorfen, of 0.05 ppm in strawberries would not pose an unacceptable health risk to the public. This new MRL harmonizes with that established by the United States Environmental Protection Agency.

Alternatives

Under the Food and Drugs Act, the sale of food containing residues of pest control products at a level less than or equal to 0.1 ppm is permitted unless a lower MRL has been established in Table II, Division 15, of the Food and Drug Regulations. In the case of oxyfluorfen, the establishment of an MRL for strawberries is necessary to support the use of a pest control product which has been shown to be both safe and effective, while at the same time preventing the sale of food with unacceptable residues.

Benefits and Costs

The use of oxyfluorfen on strawberries will provide joint benefits to consumers and the agricultural industry as a result of improved management of pests. In addition, this proposed regulatory amendment will contribute to a safe, abundant and affordable food supply by allowing the importation and sale of food commodities containing acceptable levels of pesticide residues.

The cost of administering this amendment to the Regulations will not be greater than that of administering the existing Regulations, since monitoring for residues of pest control products, whether or not MRLs have been established, is performed on an ongoing basis. Adequate analytical methodology for analysis of the compound is available.

Consultation

Registration decisions, including dietary risk assessments, made by the PMRA are based on internationally recognized risk management principles, which are largely harmonized among member countries of the Organization for Economic Cooperation and Development. Individual safety evaluations conducted by the PMRA include a review of the assessments conducted at the international level as part of the Joint Food and Agriculture Organization of the United Nations/World Health Organization Food Standards Programme in support of the Codex Alimentarius Commission, as well as MRLs adopted by other national health/ regulatory agencies.

Compliance and Enforcement

Compliance will be monitored through ongoing domestic and/ or import inspection programs conducted by the Canadian Food Inspection Agency when the proposed MRL for oxyfluorfen is adopted.

Contact

Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Health Canada, Address Locator 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 30(1) of the Food and Drugs Act, proposes to make the annexed Regulations Amending the Food and Drug Regulations (1156 — Oxyfluorfen).

Interested persons may make representations with respect to the proposed Regulations within 60 days after the date of publication of this notice. All such representation must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Geraldine Graham, Project Manager, Alternative Strategies and Regulatory Affairs Division, Pest Management Regulatory Agency, Department of Health, Address Locator No. 6607D, 2250 Riverside Drive, Ottawa, Ontario K1A 0K9, (613) 736-3692 (Telephone), (613) 736-3659 (Facsimile), geraldine_graham@hc-sc.gc.ca (Electronic mail).

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, November 18, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE FOOD AND DRUG REGULATIONS (1156 — OXYFLUORFEN)

AMENDMENT

1. Table II to Division 15 of Part B of the Food and Drug Regulations(see footnote 3) is amended by adding the following after item N.2:

Item No.	I	II	III	IV
	Common or (Trade Name)	Chemical Name of Substance	Maximum Residue Limit p.p.m.	Foods
O.1	oxyfluorfen	2-chloro-α,α,α-trifluoro-p-tolyl 3-ethoxy-4-nitrophenyl ether	0.05	Strawberries

COMING INTO FORCE

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

[47-1-o]

Regulations Amending the Canada Occupational Safety and Health Regulations

Statutory Authority

Canada Labour Code

Sponsoring Department

Department of Human Resources Development

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The amendments to Part V (Boilers and Pressure Vessels) of the Canada Occupational Safety and Health Regulations (COSH Regulations) are made pursuant to the Canada Labour Code, Part II, the purpose of which is to prevent accidents and injuries arising out of, linked with, or occurring under course of employment under the federal jurisdiction. Part V prescribes provisions governing the design, construction, installation, testing and inspection of boilers and pressure vessels found in workplaces under federal jurisdiction.

The review of Part V was initiated to address administrative and enforcement concerns associated with boiler and pressure vessel inspections by provincial inspectors. It was also concluded that the existing inspection schedule was outdated and too rigid in that it treated all equipment equally, regardless of the level of risk associated with the equipment (e.g. high pressure versus low pressure) or the substance being contained under pressure. A more flexible schedule was needed that would differentiate between high and low risk as well as take into account advances in technology which had occurred over time, especially in the areas of automated operation, remote monitoring of equipment and new, more effective inspection and testing methods.

The principal modifications to Part V stemming from these amendments include the addition of a number of definitions to provide greater clarity in interpreting Part V; a definition of an inspector that will provide employers with some flexibility in ensuring that equipment is inspected in accordance with federal requirements; clearer and more specific provisions addressing conditions for which an operator is required to be present when the equipment is operating; a new and expanded inspection schedule that takes into account danger levels and advances in technology; and added flexibility in inspection frequencies for certain items contingent upon the performance of annual, non-destructive testing (NDT) by qualified NDT technicians. A total of 1 281 violations of Part V were recorded from January 1, 1990, to September 30, 1995. Slightly more than 75 percent were associated with inspection issues.

Alternatives

The working group (a group of federally regulated employers and employees and government officials) assigned to review Part V of the COSH Regulations, considered the options of retaining, revoking or amending the existing provisions.

The first two options were not deemed acceptable for the following reasons:

(a) retaining the existing provisions would, over time, result in a progressively less efficient and effective regulatory regime, potentially increasing compliance costs and reducing current levels of worker protection;

(b) revoking the existing provisions would not be in the best interests of worker and workplace safety and health; and

(c) retaining or revoking the existing provisions would be in opposition to one of the underlying principles of the Government's regulatory policy of improved and even intensified regulation where public protection requires it.

Therefore, the existing provisions were amended to provide for the continued use of boilers and pressure vessels in a more efficient and effective manner without compromising worker safety and health.

Benefits and Costs

The resource impact anticipated from the proposed changes to Part V (Boilers and Pressure Vessels) of the COSH Regulations is presented in greater detail in a technical note available upon request from Human Resources Development Canada — Labour Branch (HRDC-L).

Any overall impact assessment pertaining to a government regulation must adopt the broadest possible point of view: the best interest of all Canadians. However, in the present case, the benefits and costs associated to the proposed regulation are expected to be borne exclusively by employers under Canadian federal jurisdiction (CFJ). All resource impact estimates have been assessed in annual constant 1996 dollars and discounted over a period of 20 years, using a 10 percent social discount rate.

Principal Benefits

A positive impact is expected from two major changes introduced in the proposed regulation: a revamping of the CFJ boiler and pressure vessels mandatory inspections schedule; and the recognition of a wider range of inspector qualifications.

1. Inspection Schedule

A new boiler and pressure vessel inspection schedule is prescribed in the proposed amendments. This new inspection schedule is more reflective of current provincial and territorial requirements and takes into account the risk or danger level associated with the equipment and its contents. Significant cost savings for federally regulated employers are expected to result from the proposed new schedule. The magnitude of these cost reductions should reach approximately $766,000 annually.

2. Inspector Professional Qualification

The proposed regulation will recognize the qualifications of persons who have successfully completed the examination requirements of the National Board of Boiler and Pressure Vessel Inspectors to become an Authorized Inspector. Also, any person or agency recognized by the laws of any provinces as qualified to inspect boilers and pressure vessels will be able to inspect boiler and pressure vessels under federal jurisdiction regardless of location. Since the new regulatory prescriptions are expected to increase the number and availability of qualified inspectors, inspection costs for boilers and pressure vessels within federal jurisdiction should reflect the competitive potential promoted by these changes. This should enable federally regulated employers to save about $260,000 every year.

Principal Costs

The proposed regulation prescribes, in respect of some categories of boilers and power plants, that a person charged with the operation of this machinery remains in personal attendance while the boiler or power plant is in operation (continuous attendance), unless a fail-safe and automated warning device able to securely shut down the boiler/power plant is installed and operational.

As this enhanced safety requirement is expected to compel a small number of CFJ employers to install or upgrade fail-safe and automated warning devices on their equipment, a cost to employers is consequently anticipated. The annual overall cost contingent to this new regulatory standard is estimated at about 158,000 of 1996 dollars.

A balancing of the monetary values associated with the benefits against those associated with the costs, projected over the next 20 years, reveals an actual net benefit to Canadians of approximately $7.4 million.

Other Impacts

The proposed regulation is not likely to have any discernible negative effect on regional balance, technological progress, industry competitiveness or the environment.

Consultation

Early notice was provided through the 1996 and 1997 Federal Regulatory Plans, Proposal No. HRDC/96-1-I.

In 1986, Human Resources Development Canada — Labour Branch established a regulatory review committee for the purpose of reviewing the existing occupational safety and health legislation. The tripartite Human Resources Development Canada regulatory review committee consists of an equal membership drawn from organized labour and employer organizations under federal jurisdiction.

In 1994, the Human Resources Development Canada — Labour Regulatory Review Committee appointed a "working group" to review the positions and concerns of labour, management and the Department regarding the existing provisions of Part V (Boilers and Pressure Vessels) of the COSH Regulations. The members of the Working Group, representing a wide range of industrial sectors and experts in this area, were appointed by the Canadian Labour Congress (CLC) and by the Federally Regulated Employers in Transportation and Communications Organization (FETCO). A complete list of members is available upon request.

An important element of the public consultation undertaken in the context of the COSH Regulations Part V review process was a survey of employers under federal jurisdiction. A questionnaire, based on HRDC-L staff input as well as on comments and suggestions from the Working Group, was designed to appraise as effectively as possible a number of cost elements related to boilers and pressure vessels in the CFJ workplace. A copy of the questionnaire was sent to all employers registered in the Labour Operations Information System (LOIS), a departmental data repository, as boiler and pressure vessel operators, as of July 1995. Under this criterion, 329 employers were registered in the LOIS, and they employed about 70 percent of the workforce subjected to federal jurisdiction under Part II of the Canada Labour Code.

Upon completion of its assignment, the Working Group developed proposals which were forwarded to the Review Committee for consideration and approval.

Compliance and Enforcement

The principal objective of the Compliance Policy of Human Resources Development Canada — Labour Branch is to encourage fairer, more effective and less costly compliance activities. The objectives, techniques of compliance and procedures and processes used to these ends are detailed in the Canada Labour Code, Part II, Compliance Policy issued in l994.

The means used within the Policy to achieve the prevention of injury and disease are predicated on the assumption that the majority of establishments under federal jurisdiction are voluntarily in compliance with Part II and that they are willing and intend to meet their safety and health obligations.

The Policy is also designed to deal effectively with non-compliance. Where non-compliance is detected, an opportunity is provided for correction suited to the situation by securing an "assurance of voluntary compliance" (AVC) or issuing a "direction." If non-compliance persists, further action, up to and including prosecution, is initiated.

Participation in the tripartite, consultative process, during the development of Part V (Boilers and Pressure Vessels), promotes effective voluntary compliance by labour and management.

Contact

Stephen Mitrow, Program Consultant, Human Resources Development Canada, Labour Branch, Place du Portage, Phase II, 10th Floor, 165 Hôtel-de-Ville Street, Ottawa, Ontario K1A 0J2, (819) 953-0240 (Telephone), (819) 953-4830 (Facsimile), stephen.mitrow@hrdc-drhc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to sections 125(see footnote a) and 157(see footnote b) of the Canada Labour Code, proposes to make the annexed Regulations Amending the Canada Occupational Safety and Health Regulations.

Interested persons may make representations with respect to the proposed amendments 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 Stephen Mitrow, Occupational Safety and Health, Labour Branch, Human Resources Development Canada, Ottawa, Ontario K1A 0J2.

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, November 18, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADA OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

AMENDMENT

1. Part V(see footnote 4) of the Canada Occupational Safety and Health Regulations(see footnote 5) is replaced by the following:

PART V

BOILERS AND PRESSURE VESSELS

Interpretation

5.1 The definitions in this section apply in this Part.

"Boiler Code" means CSA Standard B51-97, Boiler, Pressure Vessel, and Pressure Piping Code, the English version of which is dated September 1997 and was amended in 1998 and the French version of which is dated September 1998. (code des chaudières)

"continuous attendance" means the personal attendance of the qualified person charged with the operation of a boiler while the boiler is in operation, except for any short absence to perform duties that are consistent with good safety practices associated with the operation of the boiler. (surveillance assidue)

"high pressure boiler" means a boiler in which steam, gas or vapour is generated at more than 1 atmosphere of pressure absolute or a boiler containing liquid that has a working pressure exceeding 1,100 kPa or an operating temperature exceeding 121°C. (chaudière à haute pression)

"inspector" means

(a) a person recognized under the laws of any province as qualified to inspect boilers, pressure vessels and pressure piping systems; or

(b) a person who has successfully completed the examination requirements of The National Board of Boiler and Pressure Vessel Inspectors in respect of the inspection of boilers, pressure vessels and pressure piping systems. (inspecteur)

"low pressure hot water boiler" means a hot water boiler that has an operating temperature of 121°C or less and a pressure of 1,100 kPa or less. (chaudière à eau chaude basse pression)

"low pressure organic fluid boiler" means a boiler that contains an organic fluid, that has an operating temperature of 343°C or less and that has no valves or other obstructions to prevent circulation of the organic fluid between the boiler and an expansion tank that is fully vented to the atmosphere. (chaudière à basse pression contenant un hydrocarbure)

"low pressure steam boiler" means a boiler that operates at a vapour pressure of 1 atmosphere of pressure absolute or less. (chaudière à vapeur basse pression)

"maximum allowable working pressure" means the maximum allowable working pressure that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in subparagraph 5.20(2)(b)(iii). (pression de fonctionnement maximale autorisée)

"maximum temperature" means the maximum temperature that is specified by the manufacturer in the plans and specifications accepted and registered by the provincial authorities and that is set out in the record referred to in subparagraph 5.20(2)(b)(iii). (température maximale)

"NDT technician" means a person who is certified as nondestructive testing personnel in accordance with the Canadian General Standards Board publication CAN/CGSB-48.9712-95, Qualification and Certification of Nondestructive Testing Personnel, dated December 1995. (technicien END)

"pipeline" means those facilities through which natural gas or liquid hydrocarbons or both are conveyed and includes oil and gas lines, control and fuel piping, valves, fittings, control devices, compressors, meters and pumps. (pipeline)

"pressure piping system" means an assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other fixed equipment that contains a gas, vapour or liquid and is connected to a boiler or pressure vessel. (réseau de canalisations sous pression)

"unfired boiler" means a boiler in which steam or other vapour is generated by a source of heat other than combustion and includes an electric heater. (chaudière sans combustion)

"waste heat boiler" means an indirect fired boiler which utilizes waste gases, produced by the primary process, for the generation of steam. (chaudière à récupération de chaleur)

Application

5.2 This Part does not apply to

(a) a heating boiler that has a heating surface of 3 m² or less;

(b) a pressure vessel that has a capacity of 40 L or less;

(c) a pressure vessel that is installed for use at a pressure of 1 atmosphere of pressure absolute or less;

(d) a pressure vessel that has an internal diameter of 150 mm or less;

(e) a pressure vessel that has an internal diameter of 600 mm or less and that is used for the storage of hot water;

(f) a pressure vessel that has an internal diameter of 600 mm or less connected to a water pumping system and that contains compressed air to serve as a cushion;

(g) an interprovincial or international pipeline; or

(h) a refrigeration plant that has a capacity of 18 kW or less of refrigeration.

Fabrication and Installation Standards

5.3 Every boiler, pressure vessel and pressure piping system used in a work place shall meet the standards relating to design, construction, testing, stamping, nameplates, fabrication inspection and installation set out in clauses 4.15 to 4.18 and 5.1 to 9.1 of Part 1 of the Boiler Code, insofar as is reasonably practicable.

5.4 Solid fuel fire-tube boilers operating at a pressure over 1 atmosphere of pressure absolute shall be provided with a fusible plug of the type referred to in clause 6.3.3 of Part 1 of the Boiler Code.

5.5 (1) Every boiler and pressure vessel shall have at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel.

(2) Where two or more boilers or pressure vessels are connected to each other and are used at a common operating pressure, they shall each be fitted with at least one safety valve or other equivalent fitting to maintain pressure at or below the maximum allowable working pressure of the boiler or pressure vessel that has the lowest maximum allowable working pressure.

Use, Operation, Repair, Alteration and Maintenance

5.6 (1) An employer shall ensure continuous attendance when employees are normally present in the same building as a boiler.

(2) The continuous attendance referred to in subsection (1) is not required if

(a) the boiler is equipped with fail-safe devices and automated warning devices that will ensure the safe operation of the boiler and its shutdown if required, and that are installed in such a manner that they

or

(b) the boiler is rated below 2,000 kW in the case of a high pressure boiler, and below 3,000 kW in the case of a low pressure boiler, including a low pressure hot water boiler, a low pressure organic fluid boiler and a low pressure steam boiler.

(3) Where a boiler is shut down by a device referred to in paragraph (2)(a), the boiler shall not be restarted unless it has been examined by a qualified person and the cause of the shutdown rectified.

5.7 Every boiler, pressure vessel and pressure piping system in use at a work place shall be operated, maintained and repaired only by a qualified person.

5.8 All repairs and welding of boilers, pressure vessels and pressure piping systems shall be carried out in accordance with the standards referred to in clauses 6.1, 7.1 and 8.1 of Part 1 of the Boiler Code.

5.9 No person shall alter, interfere with or render inoperative any fitting attached to a boiler or pressure vessel except for the purpose of adjusting or testing the fitting.

5.10 In the case of a high-pressure lap-seam riveted boiler,

(a) the factor of safety shall be increased by at least 0.1 each year after 20 years of use; and

(b) if the boiler is relocated at any time, it shall not be operated at a pressure higher than 1 atmosphere of pressure absolute.

Inspections

5.11 (1) No person shall use a boiler, pressure vessel or pressure piping system unless it has been inspected by an inspector in accordance with subsection (2) and it has been certified by the inspector as safe for its intended use as stated in the declaration referred to in subparagraph 5.20(2)(b)(v).

(2) The inspector shall

(a) inspect every boiler, pressure vessel and pressure piping system

(b) make a record of each inspection in accordance with section 5.20.

(3) A person who operates, repairs or maintains a boiler, pressure vessel or pressure piping system or any part of it may not inspect the boiler, pressure vessel or pressure piping system for the purposes of subsection (2).

5.12 (1) Every high pressure boiler and every low pressure steam boiler in use at a work place shall be inspected

(a) externally, at least once each year; and

(b) internally, at least once every two years.

(2) Every low pressure hot water boiler and every unfired boiler in use at a work place shall be inspected

(a) externally, at least once every two years; and

(b) internally, at least once every four years.

(3) Every low pressure organic fluid boiler in use at a work place shall be inspected

(a) externally, at least once every two years; and

(b) internally, at least once every three years.

(4) Every waste heat boiler in use at a work place shall be inspected

(a) externally, at least once every year; and

(b) internally,

(5) Pressure vessels, other than buried pressure vessels, experiencing more than 0.1 mm of metal loss per year shall be inspected

(a) externally, at least once every year; and

(b) internally,

(6) Pressure vessels, other than buried pressure vessels, experiencing 0.1 mm or less of metal loss per year shall be inspected

(a) externally, at least once every year; and

(b) internally,

(7) Air receivers shall be inspected

(a) externally, at least once every year; and

(b) internally, at least once every five years.

(8) Where the known corrosion rate of a pressure vessel is zero, the pressure vessel need not be inspected internally provided complete external inspections, including nondestructive thickness measurements performed by an NDT technician, are made at least once every two years on the pressure vessel and the following conditions are met:

(a) the non-corrosive nature of the service conditions, including the effect of trace components, has been established by at least five continuous years comparable service experience with the fluid being handled;

(b) the periodic external inspection indicates that the condition of the pressure vessel does not warrant any further investigation;

(c) the operating temperature and pressure of the pressure vessel does not exceed the lower limits for the creep rupture range of the vessel metal; and

(d) the pressure vessel is protected against, and there is no evidence of, inadvertent contamination.

(9) Where a pressure vessel is used to store anhydrous ammonia, the internal inspection frequency referred to in paragraph (5)(b) may be replaced by an internal inspection conducted at least once every five years if, at the same time, a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure is conducted.

5.13 Despite section 5.12, every boiler, pressure vessel and pressure piping system in use at a work place shall be inspected by an inspector more frequently than as provided in that section, if necessary to ensure that the boiler, pressure vessel or pressure piping system is safe for its intended use.

5.14 Pressure vessels with no access for human entry may be inspected by an NDT technician using external nondestructive techniques.

5.15 For the purposes of subsections 5.12(5), (6) and (8), the corrosion rates shall be determined from actual metal loss in the last appropriate inspection period specified in those subsections.

5.16 Stationary or portable air reservoirs used in the railway industry, instead of being inspected in accordance with subsection 5.12(7) and a record completed in accordance with section 5.20, may be inspected and tested and a record filed in accordance with T-0-010, Rules for The Installation, Inspection and Testing of Air Reservoirs (Other Than on Motive Power Equipment) approved by the Minister of Transport on December 5, 1994.

5.17 Where a pressure vessel that contains materials hazardous to human health or the environment is to be emptied before being inspected, it shall be emptied in a manner that does not pose a risk to human health or the environment.

Buried Pressure Vessels

5.18 (1) Where a pressure vessel is buried, the installation shall meet the requirements set out in Appendix A to Part I of the Boiler Code.

(2) Before backfilling is done over a pressure vessel, notice of the proposed backfilling shall be given to a safety officer at the regional office or district office.

(3) Where test plates are used as an indication of corrosion of a buried pressure vessel, the test plates and, subject to subsection (4), the pressure vessel shall be completely uncovered and inspected by an inspector at least once every three years.

(4) Where, on an inspection referred to in subsection (3), the test plates show no corrosion, the buried pressure vessel may be completely uncovered and inspected at intervals exceeding three years if the employer, immediately after the inspection, notifies in writing a safety officer at the regional office or district office of the condition of the test plates and of the proposed inspection schedule for the pressure vessel.

(5) Every buried pressure vessel shall be completely uncovered and inspected at least once every 15 years.

Records

5.19 The employer shall keep and maintain a record of every boiler, pressure vessel and pressure piping system to which this Part applies and that is under the employer's control.

5.20 (1) A record of each inspection carried out under sections 5.11 to 5.18 shall be completed by the inspector who carried out the inspection.

(2) Every record referred to in subsection (1)

(a) shall be signed by the inspector who carried out the inspection; and

(b) shall include

(3) The employer shall

(a) keep readily available every record of inspection referred to in subsection (1) for the last two inspection periods; and

(b) on the request of the safety and health committee or the safety and health representative, provide the safety and health committee or the safety and health representative with a copy of the record of inspection referred to in subsection (1).

COMING INTO FORCE

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

[47-1-o]

Military Police Professional Code of Conduct

Statutory Authority

National Defence Act

Sponsoring Department

Department of National Defence

REGULATORY IMPACT ANALYSIS STATEMENT

Description

As a result of the recommendations contained in the Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia, An Act to amend the National Defence Act and to make consequential amendments to other Acts, S.C., 1998, c. 35, amended the National Defence Act to authorize the establishment of oversight and review mechanisms within the military police organization.

These Regulations implement the military police corporate administration changes made to the National Defence Act in chapter 35. These Regulations provide for a Military Police Professional Code of Conduct pursuant to section 13.1 of the National Defence Act. The Code prescribes standards of professional conduct for members of the military police. The Code will come into force on December 1, 1999.

Alternatives

Specific alternatives were not considered. Section 13.1 of the National Defence Act requires that the Military Police Professional Code of Conduct be embodied in regulations.

Benefits and Costs

These Regulations relate exclusively to the internal administration of the Canadian Forces. They apply to approximately 1 200 members of the military police. They involve no current or future expenditure of public funds.

Consultation

These Regulations are being made in response to recommendations contained in the Report of the Commission of Inquiry into the Deployment of Canadian Forces to Somalia. Additional consultation has taken place with authorities within the Department of National Defence and the Canadian Forces, including the Office of the Canadian Forces Provost Marshal and the military police, the Military Police Complaints Commission, the Department of Justice and the Privy Council Office.

Compliance and Enforcement

There is a special compliance mechanism envisaged for these Regulations. The Military Police Credentials Review Board, established under subsection 12(1) of the National Defence Act, would review alleged breaches of the Code and make recommendations regarding military police credentials and policing standards to the Canadian Forces Provost Marshal. The normal disciplinary and administrative sanctions relating to all military persons continue to apply.

Contact

Col A. F. Fenske, Deputy Legal Advisor, Office of the Department of National Defence and Canadian Forces Legal Advisor, Department of National Defence, 101 Colonel By Drive, Ottawa, Ontario K1A 0K2, (613) 996-6329.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 13.1(see footnote c) of the National Defence Act, proposes to make the annexed Military Police Professional Code of Conduct.

Interested persons may make representations with respect to the proposed Regulations within 15 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 Col A. F. Fenske, Deputy Legal Advisor, Office of the Department of National Defence and Canadian Forces Legal Advisor, Department of National Defence, 101 Colonel By Drive, Ottawa, Ontario K1A 0K2.

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, November 18, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

MILITARY POLICE PROFESSIONAL CODE OF CONDUCT

INTERPRETATION

1. In this Code, "Act" means the National Defence Act.

2. The provisions of this Code shall be interpreted as being in addition to, and not in derogation of, any power, jurisdiction or authority that may be exercised under the Act or any other Act of Parliament.

APPLICATION

3. This Code applies to officers and non-commissioned members who are appointed as military police under regulations for the purposes of section 156 of the Act.

PROHIBITIONS

4. No member of the military police shall

(a) knowingly, without good cause, supervise or carry out an arrest, a detention, a search or surveillance that is unlawful;

(b) knowingly, without good cause, fail to report an arrest, a detention, a search or surveillance that is, or can reasonably be considered, unlawful;

(c) knowingly use, or permit or direct the use of, excessive force on any person;

(d) while carrying out their duties, act in a discriminatory or discourteous manner towards any person;

(e) intimidate, or retaliate against, any person who makes a report or complaint about the conduct of a member of the military police;

(f) unlawfully discharge a weapon;

(g) use a weapon in a dangerous or negligent manner;

(h) knowingly suppress, misrepresent or falsify information in a report or statement;

(i) knowingly and improperly interfere with the conduct of any investigation;

(j) use military police information, military police resources or their status as a member of the military police for a private or another unauthorized purpose;

(k) disclose military police information unless authorized; or

(l) engage in conduct that is likely to discredit the military police or that calls into question the member's ability to carry out their duties in a faithful and impartial manner.

PRESUMED DISCREDIT

5. A member of the military police is presumed to discredit the military police if the member is convicted of

(a) an offence under the Act, other than an offence tried at a summary trial for which a minor punishment or a fine of not more than 25% of basic monthly pay has been imposed; or

(b) an indictable offence, or an offence punishable on summary conviction, under any other Act of Parliament or the legislature of a province.

DUTY TO REPORT

6. A member of the military police shall report to their superior in the military police chain of command any incident for which they have been charged with an offence under the Act or any other Act of Parliament or the legislature of a province.

7. A member of the military police who believes, or is aware of an allegation, that another member of the military police has breached this Code shall report the belief or allegation, as the case may be, to

(a) their superior in the military police chain of command; or

(b) the next superior in the military police chain of command, if the superior referred to in paragraph (a) is the subject of the belief or allegation.

DUTY TO COOPERATE

8. (1) No member of the military police is excused from responding to any question relating to an investigation into a breach of this Code, unless the member is

(a) the subject of the investigation; or

(b) the assisting officer for another member of the military police who is the subject of the investigation.

(2) A response given by a member of the military police under subsection (1) shall not be used against the interests of the member by the Military Police Credentials Review Board established under Chapter 22 of the Queen's Regulations and Orders for the Canadian Forces.

COMING INTO FORCE

9. This Code comes into force on the day on which it is registered.

[47-1-o]

Regulations Amending the Motor Vehicle Safety Regulations (Power-assisted Bicycles)

Statutory Authority

Motor Vehicle Safety Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Overview

Bicycles that use a motor to help the cyclist propel the vehicle are new to the Canadian market. These bicycles come under the purview of the Motor Vehicle Safety Act because they are motorized. Specifically, power-assisted bicycles fall into the limited-speed motorcycle subclass of the Motor Vehicle Safety Regulations and accordingly must comply with the safety standards applicable to that category of vehicle. This amendment to the Motor Vehicle Safety Regulations will relieve power-assisted bicycles from having to comply with the federal safety standards provided they possess certain characteristics.

The use and performance of power-assisted bicycles are similar to those of regular bicycles. A power-assisted bicycle requires the use of pedals and the motor is only permitted to provide assistance to the rider up to a speed of 24 km/h.

Transport Canada has received requests to exempt electric-powered bicycles that can be propelled by the combination of a power source and the cyclist's muscles from having to comply with a number of the safety standards prescribed for limited-speed motorcycles.

Current Regulations

Currently, power-assisted bicycles fall into a subclass of motorcycles called limited-speed motorcycles. These are motorcycles whose maximum speed is 70 km/h. They must comply with the safety standards for full-sized motorcycles, with the exception that reduced performance of certain lamps is permitted. These vehicles must be equipped with a headlamp, tail lamp and license plate lamp which must be on when the engine is operating. They must also have a mirror mounted on each side, a 17-digit vehicle identification number, a horn, a fuel control, a twist-grip throttle, a supplemental engine stop, front and rear wheel brakes, and controls and displays that operate in a specific manner. The noise emissions standard also applies to these vehicles.

Amendment to the Regulations

This amendment would introduce and define the term "power-assisted bicycle". Power-assisted bicycles would no longer be classed as limited-speed motorcycles and would not be required to comply with the applicable safety standards for that subclass of vehicles. Being like conventional bicycles, they would be required to comply with provincial or territorial requirements established for those vehicles.

Apart from the above change to the Regulations, it is not the intention of this amendment to relax the existing standards as they apply to motorcycles and limited-speed motorcycles.

This proposed amendment to the Regulations does not include power-assisted bicycles which can be propelled without the pedalling action of the rider. If, however, it can be satisfactorily demonstrated by comments to this proposal that such vehicles are no more hazardous than power-assisted bicycles which must be pedalled, this amendment could include them.

The United States Situation

The only National Highway Traffic Safety Administration (NHTSA) definition of a "motor-driven cycle" is that it is a motorcycle with a motor that produces five-brake horsepower or less.

The United States (U.S.) Consumer Product Safety Commission (CPSC) regulates conventional bicycles and has performance and construction standards for the brakes, wheels, steering system and frame (16 CFR Ch. II Part 1512). Reflectors are required on the front, back, sides and pedals to make bicycles visible at night.

The U.S. Environmental Protection Agency regulates the noise emissions of motorcycles, including the ones with engine displacement less than 50 cc (40 CFR Part 205).

Individual states generally require that motorized bicycles meet the Federal Motor Vehicle Safety Standards, as set forth in 49 CFR 571, but many state regulations apply to either electric- or gasoline-powered bicycles that do not require pedals or daytime running lights.

Transport Canada's Process

The Department prepared A Preliminary Assessment Report on the Proposed Amendment of Section 2 of the Motor Vehicle Safety Regulations on Power-assisted Bicycles, dated January 7, 1998, which contained four options. This was sent to each of the provinces or their responsible agencies, the Motorcycle and Moped Industry Council (MMIC) and to interested parties, requesting their comments and option preference.

The four options were as follows:

Option 1: Maintain the Existing Requirements Unchanged

The Regulations would continue to require power-assisted bicycles to be classed as limited-speed motorcycles and to comply with the applicable safety standards.

Option 2: Harmonize with U.S. States

Define power-assisted bicycles and develop specific safety standards for them, similar to those required by the U.S. states and suggested by the Motorcycle & Moped Industry Council.

Option 3: Develop a Unique Canadian Regulation

Define power-assisted bicycles and develop specific safety standards for them based on those prescribed for bicycles by the U.S. CPSC or by the International Standards Organization (ISO 4210 "Cycles - Safety requirements for bicycles").

Option 4: Exclude Power-Assisted Bicycle from the Prescribed Classes of Vehicles

Define power-assisted bicycles and remove them from the prescribed classes of vehicles. Removing these vehicles from the application of the Regulations would be similar to the manner in which these vehicles are treated in other countries, including the U.S. and Japan.

Comments Received in Response to the Preliminary Assessment Report

Comments were received from the provincial governments of Manitoba, New Brunswick, Alberta, Nova Scotia and Saskatchewan. Comments were also received from the Société de l'assurance automobile du Québec, Les Entreprises Track Test, the Motorcycle & Moped Industry Council and the Insurance Corporation of British Columbia.

The responses to the Preliminary Assessment Report varied but most respondents supported harmonization with the U.S. states. There was also support for the type of definition proposed for power-assisted bicycles and for their exemption from complying with the standards for limited-speed motorcycles; however, there was limited support for not providing such an exemption. A response from one commenter was to remain with the status quo.

Conclusion

Harmonizing with the U.S. states, as some commenters suggest, would be difficult because of the wide variety of requirements of the individual states. Thus, it is proposed to define the power-assisted bicycle and exempt it from complying with the limited-speed motorcycle standards. Only motorized bicycles with a power source which is incapable of propelling the vehicle without the aid of muscular power will be considered in this amendment since such a vehicle is very similar to a regular bicycle. Also, it is totally impractical for power-assisted bicycles, as they are defined by this amendment, to comply with the limited-speed motorcycle standards. Only electric power assistance will be permitted.

It is expected that provincial and territorial authorities would in most cases mandate in-use standards for power-assisted bicycles. These standards would be in addition to those imposed for regular bicycles, and should make them blend in with other bicycles and avoid a safety problem for either the rider or the public at large.

The individual provinces or territories will have the opportunity of adopting the federal definition as it is or to add further restrictions in order to meet their specific needs.

The proposed definition is based on the following approach.

Speed

Studies have shown that the maximum speed of a bicycle operated by a reasonably fit cyclist is about 34 km/h. The Transportation Association of Canada Guidelines for the design of Bikeways recommend that a bikeway designed primarily to accommodate recreational cyclists would have a minimum design speed of 35 km/h; 50 km/h on grades. Therefore the maximum speed at which power assistance may be provided is set at 24 km/h. This is similar to the U.S. approach and meets the need of preventing a conflict of interpretation with motorized bicycles and mopeds.

Power

Studies are inconclusive in giving advice on the maximum power output that should be allowed. Most studies are of all-out power tests, based on short-term dynamic exercises. No rationale or justification to use 750 watts as a maximum power output is provided. It was concluded in one study that an athlete could not maintain a level of effort equivalent to 750 watts for more than 30 seconds. It was thought that 250 watts might be too restrictive. No reason could be found to justify why the maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers measuring procedures, should exceed 500 watts. Therefore this value is used in the definition. The pedal to power assistance ratio was set at not more than 1:1 which is the ratio used by one manufacturer of power-assisted bicycles.

Definition

This amendment defines a "power-assisted bicycle" as one that has fully operative pedals for propulsion by muscular power, has an electric source of power and meets all of the following conditions:

(a) has steering handlebars and is equipped with pedals;

(b) is designed to be propelled primarily by muscular power and to travel on not more than three wheels in contact with the ground; and

(c) has a motor that

Effective Date

This amendment would come into effect upon registration.

Alternatives

Regulatory alternatives are described in the section entitled "Transport Canada's Process." In summary, the only alternative to making this amendment to the Regulations is for power-assisted bicycles to remain in the motorcycle class of vehicle, where they must comply with the requirements for limited-speed motorcycles. That regulatory position would effectively prevent the availability of power-assisted bicycles in Canada because it is completely impractical for them to meet requirements for limited-speed motorcycles.

Benefits and Costs

By allowing the introduction of power-assisted bicycles, this amendment to the Regulations will encourage cyclists who would otherwise stop cycling because of increasing age or other reasons to continue using an environmentally-friendly mode of transport. Increasing bicycle use should reduce the use of motorized vehicles and provide ecological benefits. The power-assisted bicycle's characteristics are very similar to those of a conventional bicycle and therefore it is suitable for use on bicycle paths and other routes reserved for bicycles.

It is estimated that over one million domestically manufactured and imported bicycles are sold in Canada each year. The number of power-assisted bicycles which will be sold initially is estimated to be approximately 3 000 units annually. There are no available accident data on power-assisted bicycles; however, since their composition and construction is essentially the same as conventional bicycles, it is expected that the risk of accident, injury or fatality will be equivalent to that of conventional bicycles.

No costs will be imposed on industry as a result of this amendment, since it is permissive in nature. On the contrary, it will allow an industry segment to be created and it will permit a more efficient mode of transport to be used than that which employs conventional motorized vehicles.

This amendment does not diminish or affect the purpose of the existing motorcycle and limited-speed motorcycle regulations. This amendment will impose no cost on the manufacturers of bicycles.

Consultation

In addition to the comments received on the Preliminary Assessment Report discussed in the section entitled "Transport Canada's Process," the following consultations have been made:

— The subject was discussed at the semiannual MMIC/Transport Canada meeting held in December 1996 and a draft of the Preliminary Assessment Report on the Proposed Amendment of Section 2 of the Motor Vehicle Safety Regulations on Power-assisted Bicycles was reviewed at the MMIC/Transport Canada meeting held in December 1997. Discussions were also held with bicycle manufacturers who expressed the desire to build or import electrically power-assisted bicycles. Regulations dealing with mopeds, motorized bicycles and bicycles from various countries were also examined.

— Steering committee meetings have been held within the Directorate to discuss this proposal.

— Motor vehicle manufacturers and importers, and public safety organizations have been informed of this initiative through their regular meetings with the Department.

This proposal will be subject to the normal consultation process through prepublication in the Canada Gazette, Part I, and interested parties will have 90 days in which to respond. All comments will be taken into consideration in the preparation of the final amendment.

Compliance and Enforcement

Motor vehicle manufacturers and importers are responsible for ensuring that their products comply with the requirements of the Motor Vehicle Safety Regulations. 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.

Contact

Michel Baillot, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-2669 (Telephone), (613) 990-2913 (Facsimile), BAILLOM@tc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

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

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 90 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 Michel Baillot, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5.

The representations should also stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which those parts should remain undisclosed. The representations should also stipulate those parts of the representations for which there is no objection to disclosure pursuant to the Access to Information Act.

Ottawa, November 18, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (POWERASSISTED BICYCLES)

AMENDMENTS

1. (1) The definitions "motorcycle"(see footnote 6) and "restricted-use motorcycle"(see footnote 7) in subsection 2(1) of the Motor Vehicle Safety Regulations(see footnote 8) are replaced by the following:

"motorcycle" means a vehicle, other than a power-assisted bicycle, a restricted-use motorcycle, a passenger car, a truck, a multipurpose passenger vehicle, a competition vehicle or a vehicle imported temporarily for special purposes, that

(a) has steering handlebars completely constrained from rotating in relation to the axle of one wheel in contact with the ground,

(b) is designed to travel on not more than three wheels in contact with the ground,

(c) has a minimum seat height, when the vehicle is unladen, of 650 mm,

(d) has a minimum wheel rim diameter of 250 mm,

(e) has a minimum wheelbase of 1 016 mm, and

(f) does not have as an integral part of the vehicle a structure to enclose the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest; (motocyclette)

"restricted-use motorcycle" means a vehicle, excluding a power-assisted bicycle, a competition vehicle and a vehicle imported temporarily for special purposes, but including an all-terrain vehicle designed primarily for recreational use, that

(a) has steering handlebars,

(b) is designed to travel on not more than four wheels in contact with the ground,

(c) does not have as an integral part of the vehicle a structure to enclose the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest, and

(d) bears a label, permanently affixed in a conspicuous location, stating, in both official languages, that the vehicle is a restricted-use motorcycle or an all-terrain vehicle and is not intended for use on public highways; (motocyclette à usage restreint)

(2) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

"power-assisted bicycle" means a vehicle that

(a) has steering handlebars and is equipped with pedals,

(b) is designed to be propelled primarily by muscular power and to travel on not more than three wheels in contact with the ground, and

(c) has a motor that

2. The definition "motorcycle" (see footnote 9) in section 2 of Schedule V to the Regulations is replaced by the following:

"motorcycle" means a vehicle that has a headlamp, tail lamp, stop lamp and two or three wheels and a curb mass of less than or equal to 680 kg (1,499 pounds). It does not include a restricted-use motorcycle, a competition vehicle, an all-terrain vehicle, a vehicle that has an engine displacement of less than 50 cm³ (3.1 cubic inches) or a vehicle that, with an 80 kg (176 pound) driver, cannot

(a) start from a dead stop using only the engine; or

(b) exceed a speed of 40 km/h (25 m.p.h.) on a level paved surface. (motocyclette)

COMING INTO FORCE

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

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Regulations Amending the Motor Vehicle Safety Regulations (Vehicle Identification Number)

Statutory Authority

Motor Vehicle Safety Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This proposed amendment makes a change to the Vehicle Identification Number (VIN) standard as specified in section 115 of the Motor Vehicle Safety Regulations. Specifically, this proposed amendment will apply the current 17-character VIN, used on such vehicles as passenger cars, trucks, buses, and trailers, to snowmobiles. The manufacturers of snowmobiles would, starting January 1, 2001, be required to include all the same decipherable information in the VIN as is currently done by the manufacturers of other vehicles. Such uniquely decipherable information as the country of origin, the manufacturer, the manufacturing plant, the snowmobile make, model and type, the engine type, the engine net brake power, and the year of manufacture would be required to be included in the VIN on all snowmobiles manufactured in or imported into Canada. The intent of the proposed amendment is to improve safety by providing an improved means by which the manufacturer may give notice of defect to individuals owning snowmobiles to which such notice applies, by facilitating collision and theft investigations involving snowmobiles, and improving the ability to identify snowmobiles licensed by the provinces and territories for the purpose of data collection.

The present standard permits snowmobiles to have a vehicle identification number of fewer than 17 digits. The proposed amendment would increase the total number of alphanumeric characters in the vehicle identification number to 17 and would specify the meaning and placement of each alphanumeric character so that the information contained in it can be deciphered. The additional information provided by the 17-character VIN will improve the ability of the manufacturer or any other individual to identify a specific snowmobile. As an interim measure, this proposal would permit immediately a reduction in the current snowmobile VIN lettering height of 6 mm to the standard VIN lettering height of 4 mm as used for all other vehicles. This interim measure will help improve safety by permitting snowmobile manufacturers to adopt the worldwide standard 17-digit VIN in advance of the mandatory compliance date of January 1, 2001.

Since 1971, the Motor Vehicle Safety Regulations have required motor vehicles to be permanently marked with a vehicle identification number (VIN). The VIN indicates, among other things, the country of origin, the plant where the vehicle was manufactured, the physical characteristics of the vehicle, and its time of manufacture. This information is then used in the case where the manufacturer has determined that vehicles could have a defect and possibly fail in service. In such a case, a letter can be sent from the manufacturer to the owners of the vehicles who then can be identified by cross-referencing them with the vehicle information contained in the VIN. Having the ability to identify a vehicle on the basis of the information contained in its VIN forms a necessary and essential element in providing public notice of any potentially defective vehicles. In addition, any stolen snowmobile or snowmobile involved in a collision can be identified and traced to the owner by the vehicle identification number.

This proposed amendment is being introduced, in part, as a response to a request from the snowmobile industry to improve safety by harmonizing the VIN requirements with those of other vehicles.

These Regulations are effective on their date of registration.

Alternatives

As already mentioned, the vehicle identification number as mandated by the current Motor Vehicle Safety Regulations forms an essential part of vehicle safety in Canada by providing one of the critical links between the manufacturer and the consumer.

The approach of adopting voluntary guidelines was not considered appropriate in this case as the adoption of the 17-digit VIN is fundamental to the improving of the access to important safety information by snowmobile owners and other individuals.

Canada seeks to improve its regulatory requirements whenever possible. In order to accomplish this goal and to respond to the industry's request to update and improve the present VIN standard, no feasible alternative exists other than to make the appropriate amendments to the Motor Vehicle Safety Regulations.

Benefits and Costs

There is a cost associated with the change from the current vehicle identification number requirements for snowmobiles and the proposed 17-character vehicle identification number. However, this cost will be minimal since the proposal allows the use of the same size and type of vehicle identification number as is currently used in the rest of the vehicle industry. In fact, one major snowmobile manufacturer has indicated that it has already voluntarily converted to the 17-character system.

The chief benefit of this amendment will be to include more specific information in the vehicle identification number of every snowmobile, which will give consumers and other individuals the ability to identify any specific snowmobile. The improved clarity of the vehicle identification number is important as it is one of the essential pieces of information that is critical to consumers being notified of any potential safety issues. In addition, any stolen snowmobile or snowmobile involved in a collision can be uniquely identified and traced to their owner by the vehicle identification number. In the case of the theft of a snowmobile, it is expected that having a unique vehicle identification number will improve the ability of the various enforcement agencies to trace that specific vehicle. In regard to collisions involving snowmobiles, the data obtained from collision investigations can be correlated to specific vehicle characteristics through the 17-digit VIN which then can be used to determine measures designed to improve snowmobile safety.

Consultation

Public safety organizations, snowmobile manufacturers, and other governmental agencies were informed of the Department's intention to make this amendment through the regular consultation meetings that are held. To date, no objections have been received on this proposal.

Compliance and Enforcement

Vehicle manufacturers and importers are responsible for ensuring that their products comply with the requirements of the Motor Vehicle Safety Regulations. The Department of Transport monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting 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 of the vehicle 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.

Contact

John Neufeld, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-1959 (Telephone), (613) 990-2913 (Facsimile), NEUFELJ@tc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

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 and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Vehicle Identification Number).

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 must cite the Canada Gazette, Part I, and the date of publication of this notice and be sent to John Neufeld, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5.

The representations should also stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which those parts should remain undisclosed. The representations should also stipulate those parts of the representations for which there is no objection to disclosure pursuant to the Access to Information Act.

Ottawa, November 18, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (VEHICLE IDENTIFICATION NUMBER)

AMENDMENTS

1. (1) Subsection 115(2.1)(see footnote 10) of Schedule IV to the Motor Vehicle Safety Regulations(see footnote 11) is replaced by the following:

(2.1) The vehicle identification number of a snowmobile shall

(a) until December 31, 2000,

(b) on and after January 1, 2001,

(2) Subsection 115(4) (see footnote 12) of Schedule IV to the Regulations is replaced by the following:

(4) The vehicle identification number of a restricted-use motorcycle and, until December 31, 2000, of a snowmobile may be composed of 17 alphanumeric characters or less. On or after January 1, 2001, the vehicle identification number of a snowmobile shall conform to subsection (3).

COMING INTO FORCE

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

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Footnote 1

C.R.C., c. 870

Footnote 2

C.R.C., c. 870

Footnote 3

C.R.C., c. 870

Footnote a

S.C. 1993, c. 42, s. 4

Footnote b

S.C. 1994, c. 41, par. 37(1)(p)

Footnote 4

SOR/88-632; SOR/94-263

Footnote 5

SOR/86-304; SOR/94-263

Footnote c

S.C. 1998, c. 35, s. 5

Footnote d

S.C. 1993, c. 16

Footnote 6

SOR/88-268

Footnote 7

SOR/88-268

Footnote 8

C.R.C., c. 1038

Footnote 9

SOR/97-376

Footnote e

S.C. 1993, c. 16

Footnote 10

SOR/87-660

Footnote 11

C.R.C., c. 1038

Footnote 12

SOR/88-268

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