November's regulatory developments in Ottawa
Vaping Taxes, CDOR and CORRA, Student Loans Forgiveness, Carbon Steel and Speciality Steel, Myanmar, Flammable Tents
Regulations are the nuts and bolts that give practical effect to legislation, which makes regulatory changes ever more important in today’s business environment. That is why, every month, Queen Street Analytics provides key updates on new regulations coming into effect or being proposed.
Table of Contents (by file):
Energy, Environment and Resources
Agriculture and Forestry
Transport and Infrastructure
Finance, Banking, Commerce
Industry, Technology, Science
International Trade and Foreign Affairs
Indigenous Peoples
National Security, Defence and Veterans Affairs
Fisheries and Oceans
Government Operations, Public Accounts, National Finance
Health
Social Development, Culture, Citizenship, Languages
Highlights (by file):
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1. New Regulations
New regulations amending the Domestic Substances List (SOR/2024-205) (SOR/2024-206)
Agency: Minister of the Environment
Statutory authority: Canadian Environmental Protection Act, 1999
TL;DR: updates to Part 1 and Part 3 of the Domestic Substances List, including additions of substances to Part 1 and deletions of substances from Part 3
New regulations amending the Excise Duties on Vaping Products Regulations (SOR/2024-211)
Agency: Minister of Finance
Statutory authority: Excise Act, 2001
TL;DR: adding New Brunswick, Manitoba, Prince Edward Island, Alberta, and Yukon to the coordinated vaping product taxation system
New regulations amending the Schedule to the First Nations Fiscal Management Act (SOR/2024-207)
Agency: Minister of Crown-Indigenous Relations
Statutory authority: First Nations Fiscal Management Act
TL;DR: adding five First Nations—Iskut, Nation Anishnabe du Lac Simon, Nooaitch, One Arrow First Nation, and Tsq’escen’ First Nation—to the schedule of the First Nations Fiscal Management Act
New regulations transferring powers related to the Great Lakes Fishery Commission (SI/2024-52)
Agency: Minister of Fisheries and Oceans
Statutory authority: Public Service Rearrangement and Transfer of Duties Act
TL;DR: transferring powers, duties, and functions related to the Great Lakes Fishery Commission from the Minister of Fisheries and Oceans to the Minister of Foreign Affairs
New regulations granting privileges and immunities for the Ministerial Conference on the Human Dimension of Ukraine’s 10-Point Peace Formula (SOR/2024-209)
Agency: Minister of Foreign Affairs
Statutory authority: Foreign Missions and International Organizations Act
TL;DR: granting privileges and immunities to representatives of foreign states, senior officials, other officials, and experts participating in the Ministerial Conference on the Human Dimension of Ukraine’s 10-Point Peace Formula
New regulations amending the Principal Protected Notes Regulations and the Deposit Type Instruments Regulations (SOR/2024-212)
Agency: Minister of Finance
Statutory authority: Trust and Loan Companies Act; Cooperative Credit Associations Act
TL;DR: updating definitions in the Principal Protected Notes Regulations and the Deposit Type Instruments Regulations to reflect the replacement of the Canadian Dollar Offered Rate (CDOR) with the Canadian Overnight Repo Rate Average (CORRA)
New regulations amending the Shipment by Post of Certain Prohibited Firearms and Prohibited Devices by Certain Businesses Regulations (SOR/2024-208)
Agency: Minister of Public Safety and Emergency Preparedness
Statutory authority: Firearms Act
TL;DR: allowing certain businesses to ship specific prohibited firearms and devices by post under stringent conditions, including secure packaging, agreements for destruction, and use of secure mail services
New regulations amending the Special Economic Measures (Burma) Regulations (SOR/2024-213)
Agency: Minister of Foreign Affairs
Statutory authority: Special Economic Measures Act
TL;DR: adding three individuals and four entities associated with Myanmar's military regime to the sanctions list, prohibiting dealings with their property or services to limit the regime’s access to arms and resources
New regulations amending the Canada Student Loans Regulations and the Canada Student Financial Assistance Regulations (SOR/2024-210)
Agency: Minister of Employment and Social Development
Statutory authority: Canada Student Loans Act; Canada Student Financial Assistance Act
TL;DR: revising the definition of “under-served rural or remote community” to expand eligibility for loan forgiveness benefits for doctors and nurses, incentivizing them to work in rural and remote areas
New regulations establishing the Canadian Industrial Hemp Promotion-Research Agency (SOR/2024-220)
Agency: Minister of Agriculture and Agri-Food
Statutory authority: Farm Products Agencies Act
TL;DR: establishing the Canadian Industrial Hemp Promotion-Research Agency to promote the marketing, production, and research of industrial hemp products and derivatives in Canada
New regulations amending the General Import Permit No. 80 — Carbon Steel (SOR/2024-214)
Agency: Minister of Foreign Affairs
Statutory authority: Export and Import Permits Act
TL;DR: requiring Canadian steel importers to provide country of melt and pour (COM) information for imported steel at the time of importation, enhancing transparency in the steel supply chain
New regulations amending the General Import Permit No. 81 — Specialty Steel Products (SOR/2024-215)
Agency: Minister of Foreign Affairs
Statutory authority: Export and Import Permits Act
TL;DR: requiring importers of specialty steel products to report the country of melt and pour at the time of importation, and updating documentation and record-keeping requirements for compliance with origin and value determinations
New regulations transferring powers related to the Emergency Management Act (SI/2024-58)
Agency: Minister of Public Safety and Emergency Preparedness
Statutory authority: Public Service Rearrangement and Transfer of Duties Act, Emergency Management Act
TL;DR: transferring the powers, duties, and functions under section 7 of the Emergency Management Act from the Minister of Public Safety and Emergency Preparedness to the Minister of State (Emergency Preparedness)
New regulations transferring control and supervision of the Emergency Preparedness Secretariat (SI/2024-57)
Agency: Privy Council Office
Statutory authority: Public Service Rearrangement and Transfer of Duties Act
TL;DR: transferring control and supervision of the Emergency Preparedness Secretariat from the Privy Council Office to the Department of Public Safety and Emergency Preparedness
New regulations amending the Safe Food for Canadians Regulations (City of Lloydminster) (SOR/2024-216)
Agency: Minister of Health and Minister of Agriculture and Agri-Food
Statutory authority: Safe Food for Canadians Act
TL;DR: exempting food commodities and businesses involved in regulated activities in the city of Lloydminster from federal interprovincial trade requirements
New regulations amending Schedule 1 to the Canada Consumer Product Safety Act (Treated Articles) (SOR/2024-218)
Agency: Minister of Health
Statutory authority: Canada Consumer Product Safety Act
New regulations establishing the Special Service Medal Bar Order “DISTANTIA” (SI/2024-56)
Agency: Prime Minister
Statutory authority: Special Service Medal Regulations
TL;DR: establishing the conditions for awarding the "DISTANTIA" bar to the Special Service Medal for service involving remote participation in approved operations using technology to deliver targeted effects, with specific service duration and eligibility requirements
New order referring Telecom Decision CRTC 2023-358 back to the CRTC (SI/2024-55)
Agency: Ministry of Industry
Statutory authority: Telecommunications Act
New regulations amending the Tents Regulations (SOR/2024-217)
Agency: Minister of Health
Statutory authority: Canada Consumer Product Safety Act
TL;DR: updating the Tents Regulations to reflect new flammability performance and fire-safety labelling requirements
2. Proposed New Regulations
November 2, 2024: Regulations Amending the Pension Benefits Standards Regulations, 1985 (Publication of Information Relating to the Investments of Plans) (authority: Pension Benefits Standards Act, 1985)
Objective: improve the transparency of investments in large federally regulated pension plans by publishing information about the distribution of investments by jurisdiction and asset class
November 9, 2024: Department of the Environment proposes amendments to the Output-Based Pricing System Regulations
Objective: retirement of compliance units, measures for greenhouse gas (GHG) reduction credits, and designations for compliance units (authority: Greenhouse Gas Pollution Pricing Act)
60-day consultation period is open until January 8, 2025
November 9, 2024: Department of the Environment and Department of Health propose Oil and Gas Sector Greenhouse Gas Emissions Cap Regulations (authority: Canadian Environmental Protection Act, 1999)
Objective: setting an emissions cap for specific activities, introducing a system of allowances, and allowing the use of compliance flexibility units. These regulations are in line with Canada's climate goals, including reducing GHG emissions by 40% to 45% below 2005 levels by 2030 and achieving net-zero emissions by 2050.
60-day consultation period is open until January 8, 2025
November 16, 2024: Department of Finance proposes amendments to the Financial Consumer Protection Framework Regulations (authority: Bank Act)
Objective: reducing the financial burden of Non-Sufficient Funds (NSF) fees, especially for low-income consumers
30-day consultation period is open until December 16, 2024
November 30, 2024: Regulations propose amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Reporting of Goods Regulations (authority: Proceeds of Crime (Money Laundering) and Terrorist Financing Act)
Objective: establishing reporting requirements for imported and exported goods under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act
30-day consultation period is open until December 30, 2024
November 30, 2024 - Department of Finance proposes amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations and the Proceeds of Crime (authority: Proceeds of Crime (Money Laundering) and Terrorist Financing Act)
Objective: enhancing Canada's anti-money laundering (AML) and anti-terrorist financing (ATF) regime by introducing six key measures aimed at addressing new financial crime risks
30-day consultation period until December 30, 2024
3. Notices from Agencies and Commissions
Canada Border Services Agency
November 2, 2024: Notice relating to pea protein
Canada Revenue Agency
November 2, 2024: Notice of proposed revocation of registration for the charity H.R.C. CARE SOCIETY, Vancouver, B.C., under the Income Tax Act due to failure to meet regulatory requirements.
Canadian Radio-television and Telecommunications Commission
November 2, 2024: Notice of application for renewal or amendment by OUTtv Network Inc. regarding its Hamilton, Ontario-based broadcasting services.
November 2, 2024: Notice of decision for Gulf Islands Community Radio Society’s frequency modulation service in Salt Spring Island, British Columbia.
November 2, 2024: Notice of decision regarding Nunavut Independent Television Network and Inuit TV Network’s Uvagut TV and Inuit TV services, across Canada.
November 2, 2024: Notice of order for Nunavut Independent Television Network and Inuit TV Network concerning Uvagut TV, across Canada.
Public Service Commission
November 2, 2024: Notice of permission granted to Daniel Brown, Correctional Service Canada, to seek nomination as a candidate for Councillor, Ward 1, City of Prince Albert, Saskatchewan.
November 2, 2024: Notice of permission granted to Blake Edwards, Correctional Service Canada, to seek nomination as a candidate for Councillor, Ward 6, and Deputy Mayor, City of Prince Albert, Saskatchewan.
November 23, 2024: Notice of permission and leave granted to Oliver Parker, Employment and Social Development Canada, to seek nomination and be a candidate in the provincial election in Burlington, Ontario, with leave of absence effective on the first day the employee is a candidate.
November 30, 2024: Permission granted to Lydia Michelle Riopka, Correctional Service Canada, to seek candidacy for Councillor in Pilot Butte, Saskatchewan, in the municipal election on or before November 13, 2024.
Department of the Environment
November 2, 2024: Notice of the availability of a report summarizing how comments and notices of objection were addressed regarding the 60-day public comment period for the draft Agreement on the Equivalency of Federal and Saskatchewan Regulations for the Control of Greenhouse Gas Emissions from Electricity Producers in Saskatchewan, 2025
November 9, 2024: Notice of Ministerial Instructions for the Student Direct Stream (SDS) program
November 9, 2024: Notice for iron potassium oxide (CAS RN 12022-41-2)
November 9, 2024: Notice of intent to amend the Domestic Substances List
November 16, 2024: Notice with respect to the availability of a report summarizing any comments and notices of objection received under the Canadian Environmental Protection Act, 1999
Innovation, Science and Economic Development Canada
November 2, 2024: Notice of the release of SRSP-500, Issue 2, which outlines the minimum technical requirements for efficient spectrum utilization for land mobile and fixed point-to-point systems in the Very High Frequency (VHF) bands 138-144 and 148-174 MHz
Privy Council Office
November 2, 2024: Notice of Governor in Council appointment opportunities for various positions
November 9, 2024: Notice of Governor in Council appointment opportunities for various positions
November 16, 2024: Notice of Governor in Council appointment opportunities for various positions
Office of the Superintendent of Financial Institutions
November 2, 2024: Notice of the issuance of letters patent continuing Alan CA Inc.
Canada Energy Regulator
November 9, 2024: Notice of Halia Energy LLC’s application to export up to 2,700,000 MWh of electricity annually to the United States for a period of 10 years.
Canadian International Trade Tribunal
November 9, 2024: Notice of the Tribunal's determination that a complaint by ADOR Tech Inc. regarding a procurement for a mobile vehicle lift was not valid
Canadian Radio-television and Telecommunications Commission
November 9, 2024: Notice of applications, decisions, and regulatory updates, including an exemption order granted to Google LLC under the Online News Act
Department of Citizenship and Immigration
November 9, 2024: Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999, to regulate significant new activities related to four substances
November 9, 2024: Notice of Ministerial Instructions for the Student Direct Stream Program
Department of Transport
November 16, 2024: Interim Order Respecting Waivers of Compulsory Pilotage Granted by the Pacific Pilotage Authority