Vol. 135, No. 32 — August 11, 2001

Regulations Amending the Canada Student Financial Assistance Regulations

Statutory Authority

Canada Student Financial Assistance Act

Sponsoring Department

Department of Human Resources Development

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Government of Canada made a number of significant investments in post-secondary education through the Canadian Opportunities Strategy announced in the 1998 federal budget. Credit screening regulations were introduced on August 1, 1998, and implemented August 1, 1999, to ensure the integrity of the Canada Student Loans Program through the identification of credit abusers and the unwarranted depletion of program funds. Assessing credit worthiness is necessary to improve the overall integrity of the Canada Student Loans Program. Credit worthiness will help ensure that student loans are used responsibly through the identification of individuals who might be accessing the program for purposes other than that for which it was intended.

Credit screening seeks to ensure the integrity of the Canada Student Loans Program, by preventing credit abuse, while maintaining its primary goal — enabling students with demonstrated need to obtain a post-secondary education. An essential component of the credit screening measure, therefore, is the review process. Individuals whose poor credit history was a result of circumstances beyond their control may have their eligibility for a loan reconsidered through the review process. This ensures that applicants who have been screened out of the application process due to a poor credit history may be eligible to receive a Canada Student Loan if they can demonstrate that their poor credit history was not the result of systematic abuse.

Purpose of Amendments

Section 14.3 of the Canada Student Financial Assistance Regulations (the Regulations) currently provides that:

The appropriate authority may deny a certificate of eligibility to an individual who:

(a) is 22 years of age or more when applying for the first time for financial assistance;

(b) in the three-year period before making the application, the individual has been more than 90 days overdue in installment payments on three or more loans or other debts higher than $1000, and

(c) had control over the circumstances that lead to the overdue installments.

The "appropriate authority" referred to in the existing Regulations is the provincial authority designated under the Canada Student Financial Assistance Act to administer facets of the Canada Student Loans Program, including the administration of the application process. Human Resources Development Canada is proposing to amend section 14.3 to clarify the intention of the credit screening provision, namely, to provide for the uniform application of credit screening by provincial authorities in all provinces participating in the delivery of the Canada Student Loans Program.

The proposed amendment will more specifically address the regulatory intention of consistently denying certificates of eligibility where the regulatory circumstances are met, subject to the applicant demonstrating that circumstances beyond his/her control led to the poor credit history. To do so, the existing statement preceding the criteria for credit screening listed in paragraphs (a), (b), (c) will be amended to state more directly that "[t]he circumstances for denying a certificate of eligibility to an individual are that the individual":

(a) is 22 years of age or more when applying for the first time for financial assistance;

(b) in the three-year period before making the application, the individual has been more than 90 days overdue in installment payments on three or more loans or other debts higher than $1000, and

(c) had control over the circumstances that lead to the overdue installments.

Benefits and Costs

Because no amendment is being made to the credit screening criteria, the proposed amendment is not expected to add to the costs of the Regulations.

The benefits of the proposed amendment are that it will strengthen the consistent application of the existing regulatory credit screening provision, and will better reflect the regulatory intention of having credit screening consistently applied in all jurisdictions participating in the Canada Student Loans Program.

Consultation

This initiative was discussed at the October 28, 2000 Intergovernmental Consultative Committee on Student Financial Assistance (ICCSFA), which comprises federal, provincial and territorial student aid officials. This Committee was also consulted in the form of a letter sent on January 5, 2001.

Stakeholders were informed of this initiative at the National Advisory Group on Student Financial Assistance (NAGSFA) meeting held on October 2, 2000. Further consultation was conducted in the form of a letter sent out to the following list of NAGSFA stakeholders on January 5, 2001.

The National Advisory Group on Student Financial Assistance (NAGSFA), comprises the following:

— Canadian Federation of Students

— Canadian Alliance of Student Associations

— Canadian Graduate Council

— National Education Association of Disabled Students

— National Association of Career Colleges

— Association of University and Colleges of Canada

— Canadian Association of University Teachers

— Canadian Association of University Business Officers

— Association of Canadian Community Colleges

— Canadian Association of Student Financial Aid Administrators (CASFAA)

— Canadian Association for University Continuing Education

— Credit Union Central of Canada

To date, there have been no objections from stakeholders; however, stakeholders have asked for some clarification concerning the review process. In particular, Newfoundland and Labrador send all reviews to the federal government for assessment and decision while other participating provinces/territories complete the assessment and decision on behalf of the federal government.

Compliance and Enforcement

The Regulations primarily set out the criteria and procedures for the administration of the Canada Student Loans Program. Accordingly, the Regulations do not require any formal compliance mechanism.

Contact

Claude Proulx, Manager, Policy Group, Canada Student Loans Program, Human Resources Development Canada, 25 Eddy Street, 10th Floor, Hull, Quebec K1A 0M5, (819) 994-1590 (Telephone), (819) 953-9591 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 15 (see footnote a) of the Canada Student Financial Assistance Act (see footnote b), proposes to make the annexed Regulations Amending the Canada Student Financial Assistance Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Claude Proulx, Canada Student Loans Program, Human Resources Development Canada, 10th Floor, 25 Eddy Street, Hull, Quebec K1A 0M5.

Ottawa, August 1, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE CANADA STUDENT FINANCIAL ASSISTANCE REGULATIONS

AMENDMENT

1. The portion of section 14.3 (see footnote 1) of the Canada Student Financial Assistance Regulations (see footnote 2) before paragraph (a) is replaced by the following:

14.3 The circumstances for denying a certificate of eligibility to an individual are that the individual

COMING INTO FORCE

2. These Regulations come into force on October 31, 2001.

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Regulations Amending the National Parks Garbage Regulations

Statutory Authority

Canada National Parks Act

Sponsoring Agency

Parks Canada Agency

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Pursuant to the Canada National Parks Act, Parks Canada provides garbage collection and disposal services for residences and businesses located within the national parks of Canada. Charges for these services are set out in Schedules II and III of the National Parks Garbage Regulations.

The purpose of these amendments is to increase the charges for garbage collection and disposal in Jasper National Park of Canada and to require the use of self-dumping garbage containers in Banff, Jasper, Kootenay, Yoho, Glacier and Mount Revelstoke national parks of Canada. Amendments are also made to adapt to the new terminology used in the Canada National Parks Act, which came into force February 19, 2001.

1. Charges for garbage collection and disposal services in Jasper National Park of Canada

The current fee schedule for garbage collection and disposal services has been in force since April 1996. In the last five years, operational costs for providing these services have increased substantially due to increases in fuel prices, tippage fees at regional landfills, hauling rates, and salaries and benefits for labour. As of 1999-2000, approximately 82 percent of associated costs are being recovered. This is based on costs of approximately $324,000, compared to total revenues of $265,275.

As a result, Parks Canada is not fully compliant with Treasury Board's Cost Recovery and Charging Policy or with its own Revenue Policy. The fundamental premise of both policies is that people should pay for services that provide them with a personal benefit. Treasury Board's policy further stipulates that the approach to pricing regulated services should be cost-based, and Parks Canada's policy interprets this further by establishing full cost recovery as the appropriate pricing strategy for all municipal services, such as garbage collection and disposal. This pricing strategy has been articulated through the Parks Canada Revenue Policy (1998).

To bring revenues in line with costs, Parks Canada is proposing an increase of approximately 15 percent in the existing rates. This increase, together with the operational efficiencies to be gained through the use of self-dumping garbage containers, should make the objective of full cost recovery achievable. The amount of the increase is also consistent with the 15 percent cumulative increase in the Consumer Price Index since 1996.

For illustrative purposes, fees charged for a typical residential lot would increase from $100 to $115; that is, an increase of $15 annually. The new fee for a resident, then, would be roughly $2.20 for one pick-up per week of any volume of garbage. Fees for a commercial lot would increase from $525 to $610, which would mean an annual increase of $85. Consequently, the new fee for a business operator would be $11.70 for one pick-up per week of up to eight cubic yards of garbage.

On June 13, 2001, the Minister of Canadian Heritage approved an agreement for the establishment of a local, elected government for the community of Jasper that would be responsible for the delivery of some municipal services. The agreement was conditional on the results of a ratification vote being held by the residents of Jasper. The agreement has been ratified on July 19, 2001. Consequently, further amendments to the Regulations will be made to adapt to the terms of the agreement when it comes into force in April 2002.

2. Storage of garbage in Banff, Jasper, Kootenay, Yoho, Glacier and Mount Revelstoke national parks of Canada

Residents and businesses in the national parks are currently required to store garbage between collection times in enclosures that have been approved by the Superintendent. The enclosures are designed and constructed so as to prevent access to the garbage by wildlife and by domestic animals. The Regulations also require the storage of garbage in rigid metal or plastic containers inside the approved enclosures.

The amendment to the Regulations will require the use of self-dumping garbage containers instead of rigid metal or plastic containers and enclosures in Banff, Jasper, Kootenay, Yoho, Glacier and Mount Revelstoke national parks of Canada. It is being proposed for two reasons: to make garbage collection operations more cost-efficient by reducing labour costs and to improve ecosystem protection as the self-dumping garbage containers are more difficult for wildlife to open.

Alternatives

One alternative to garbage collection and disposal services provided by Parks Canada is to consider service delivery by another organization. However, special measures are required for storage and handling of garbage in national parks to ensure that wildlife are not attracted to and become reliant on garbage for food. A program to develop bear-proof garbage facilities was initiated by Jasper National Park of Canada 20 years ago. At the time, there was no bear-proof specialized equipment anywhere in North America that met the requirements of Parks Canada. Parks Canada worked to design and build self-dumping garbage containers that are both bear-proof and self-unloading when combined with the appropriate specialized trucks.

The new system has been implemented gradually within Jasper National Park of Canada and, subsequently, in the other mountain parks (Banff, Kootenay, Yoho, Glacier and Mount Revelstoke national parks of Canada). It is now recognized by grizzly bear researchers as the single most important advance in reducing bear-human conflicts and bear mortality rates. About six years ago, Parks Canada did call for expressions of interest from the private sector to provide garbage collection and disposal services, but there was no response. Since this is very specialized and expensive equipment, no private firm has undertaken to use the technology.

Sharing garbage collection services and tippage fees with other municipalities has also been considered. However, given the existing investment in infrastructure by Parks Canada, the multi-tasking of staff involved in garbage collection and disposal services, and the increased costs of the special environmental measures required for storing and handling garbage in national parks, the most cost-effective approach is to maintain service delivery by Parks Canada.

The alternative to using self-dumping garbage containers is the use of metal or plastic containers inside enclosures. The problems then are twofold. Firstly, the enclosures can accidentally be left open or they can be poorly maintained, thus allowing wildlife to gain access to the garbage containers. Once this occurs, the containers can be knocked over and the lids easily removed. Secondly, the enclosure system is more costly from a service-delivery perspective, as there are labour costs associated with opening and closing the enclosures and dumping the garbage. From the perspective of residents and commercial operators, therefore, there are additional costs in maintaining the garbage enclosures.

Benefits and Costs

This proposal will result in a more equitable approach to funding government programs, as it charges those who use this service in full measure for the benefits that they receive. It will also achieve a more efficient use of available resources by eliminating what amounts to subsidies to residents and commercial operators, and creating the opportunity to reallocate the resource savings to mandate-related activities.

The following benefits to national parks' ecological integrity will accrue from the reduced incidences of wildlife gaining access to garbage due to the use of self-dumping containers:

— fewer wildlife/human conflicts;

— decreased wildlife habituation in communities;

— less spillage and scattering of garbage into park ecosystems.

There will be no increase in operating costs for Parks Canada to implement the fee increase for garbage collection and disposal. The use of self-dumping garbage containers will reduce service delivery costs and the savings will be passed on to consumers by holding the price increase to 15 percent.

Consultation

The current fee schedule, based on the costs to pick up and dispose of preset volumes of waste, has been implemented after a comprehensive public consultation. From 1997 to 1999, Parks Canada met with business operators on an individual basis to discuss issues related to their specific problems: reduction of the amount of garbage, recycling, places and times for collection, and the coming increase in fees to adjust to the growing operational costs.

Notification of the proposed increase occurred through the local newspaper, the Jasper Booster, on November 3 and 10, 1999. Only two letters of concern were sent to the park staff, a minimal reaction considering the more than 1 500 residents and businesses to be affected. The proposed increase was tabled by Parks Canada at the November 17, 1999 meeting of the Jasper Town Committee, which is composed of representatives of residents and business operators from Jasper. The Jasper Town Committee supported Parks Canada's initiative. Since then, further notification and discussions have occurred during meetings with the Jasper Town Committee and in the course of ongoing consultations on community issues with residents and commercial operators. They all have been made aware that these proposals are advancing through the regulatory process.

More recently, at its June 20, 2001 meeting, the Jasper Town Committee reaffirmed its support for Parks Canada's increasing garbage fees for the next billing period commencing in October 2001.

Self-dumping garbage containers were introduced several years ago and many businesses and residents now use them on a voluntary basis. Since businesses and residents fully support them, it was not considered necessary to conduct public consultations explicitly on this matter.

These consultation measures comply with the requirements of both Treasury Board's Cost Recovery and Charging Policy and the 1998 Parks Canada Revenue Policy.

Compliance and Enforcement

Residents and businesses within the national parks have 30 days following the receipt of invoices for garbage collection to pay the appropriate charges. Where required, other recovery measures are used, such as written and telephone reminders. The last resort is to initiate court proceedings for the non-payment of overdue accounts. These are standard bill collection procedures.

Parks Canada does have mechanisms in place to resolve disputes. When residents or businesses believe that an error has been made in their billings, for example, they are invited to discuss the matter with the Sanitation Supervisor. If no agreement is reached, they may send a written request to the Townsite Manager and, when necessary, the case is referred to the Superintendent for decision.

With regard to the use of self-dumping garbage containers, Parks Canada encourages compliance with the Regulations by informing residents and businesses of the requirement. As a last resort, when garbage is not properly stored, a charge could be laid under the National Parks Garbage Regulations and a maximum fine of $2,000 could be imposed on summary conviction, or a maximum fine of $5,000 could be imposed on conviction on indictment, under the Canada National Parks Act. Such instances are exceedingly rare.

Contact

Jocelyne Cossette, Project Manager, Regulatory Development, Legislation and Policy Branch, National Parks Directorate, Parks Canada, 25 Eddy Street, 4th Floor, Hull, Quebec K1A 0M5, (819) 994-2698 (Telephone), (819) 997-0835 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 16(1) of the Canada National Parks Act (see footnote c), proposes to make the annexed Regulations Amending the National Parks Garbage Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Jocelyne Cossette, Project Manager, Regulatory Development, Legislation and Policy Branch, National Parks, Parks Canada, 25 Eddy Street, Hull, Quebec K1A 0M5 (Fax: (819) 997-0835).

Ottawa, August 1, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE NATIONAL PARKS GARBAGE REGULATIONS

AMENDMENTS

1. The long title of the National Parks Garbage Regulations (see footnote 3) is replaced by the following:

NATIONAL PARKS OF CANADA GARBAGE REGULATIONS

2. Section 1 of the Regulations and the heading before it are repealed.

3. The definition "approved enclosure" (see footnote 4) in section 2 of the Regulations is replaced by the following:

"approved enclosure" means an enclosure for the storage of containers between collection times that has been approved by the superintendent in accordance with section 2.2; (enceinte approuvée)

4. Section 2.1 (see footnote 5) of the Regulations is replaced by the following:

2.1 (1) Subject to subsection (2), these Regulations apply to parks and, subject to sections 40 and 41 of the Canada National Parks Act, to park reserves as if they were parks.

(2) These Regulations do not apply in the town of Banff.

Approval of Enclosure

2.2 The superintendent shall approve an enclosure for the storage of containers if the enclosure is designed and constructed to prevent access to the garbage in the containers by domestic animals and wildlife.

5. Paragraph 4(g) (see footnote 6) of the Regulations is replaced by the following:

(g) between collection times, store garbage

6. The portion of subsection 12(1) (see footnote 7) of the Regulations before the formula is replaced by the following:

12. (1) Every owner of a lot located in Banff National Park of Canada, Yoho National Park of Canada or Waterton Lakes National Park of Canada shall pay the garbage collection and disposal charge determined by the formula

7. Schedule I to the Regulations is amended by adding the reference "(Sections 2 and 4)" after the heading "SCHEDULE I".

8. Schedule II (see footnote 8) to the Regulations is replaced by the following:

SCHEDULE II
(Section 10)

CHARGES FOR GARBAGE COLLECTION AND DISPOSAL SERVICES IN JASPER NATIONAL PARK OF CANADA

Item	Column I Type of Lot	Column II Charge ($)
1.	Residential lot inside the Town of Jasper, for one pick-up per week, per year	$115.00
2.	Commercial lot inside the Town of Jasper
	(a) for one pick-up per week of up to 8 cubic yards, per year	610.00
	(b) for any additional pick-up of self-dumping garbage containers, per cubic yard	6.00
	(c) for any pick-up of garbage not stored in containers set out in Schedule I, per hour	42.00
3.	Any lot outside the Town of Jasper
	(a) for one pick-up per week of up to 8 cubic yards, per year	610.00
	(b) for any additional pick-up of self-dumping garbage containers, per cubic yard	6.00
	(c) for any pick-up of garbage not stored in containers set out in Schedule I, per hour	42.00
	(d) for transportation of garbage from the place of removal to the park transfer station, per pick-up, per kilometre	0.36

9. The title (see footnote 9) of Table I to Schedule III to the Regulations is replaced by the following:

CHARGES FOR GARBAGE COLLECTION AND DISPOSAL SERVICES IN RIDING MOUNTAIN NATIONAL PARK OF CANADA

10. The title (see footnote 10) of Table II to Schedule III to the Regulations is replaced by the following:

CHARGES FOR GARBAGE COLLECTION AND DISPOSAL SERVICES IN NATIONAL PARKS OF CANADA OTHER THAN BANFF NATIONAL PARK OF CANADA, JASPER NATIONAL PARK OF CANADA, WATERTON LAKES NATIONAL PARK OF CANADA, YOHO NATIONAL PARK OF CANADA, RIDING MOUNTAIN NATIONAL PARK OF CANADA AND PRINCE ALBERT NATIONAL PARK OF CANADA

11. The Regulations are amended by replacing the words "Prince Albert National Park" with the words "Prince Albert National Park of Canada" in the following provisions:

(a) section 13; and

(b) subsections 14(2) and (3).

12. The French version of the Regulations is amended by replacing the words "directeur de parc" with the word "directeur" in the following provisions:

(a) definitions "contenant", "enlèvement" and "ordures" in section 2;

(b) section 3;

(c) paragraphs 4(d), (e), (h), (i), (k) and (l);

(d) subsections 5(1) to (3);

(e) subsection 7(2);

(f) section 8;

(g) subsections 9(2) and (4); and

(h) column II of item 2 of Schedule I.

COMING INTO FORCE

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

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Footnote a

S.C. 2000, c. 14, s. 20

Footnote b

S.C. 1994, c. 28

Footnote 1

SOR/98-402

Footnote 2

SOR/95-329

Footnote c

S.C. 2000, c. 32

Footnote 3

SOR/80-217

Footnote 4

SOR/92-440

Footnote 5

SOR/90-235

Footnote 6

SOR/92-440

Footnote 7

SOR/96-170

Footnote 8

SOR/96-428

Footnote 9

SOR/99-297

Footnote 10

SOR/96-170

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