October's regulatory developments in Ottawa
China Surtax Order, First Nations Elections Act, Radiation Emitting Devices Regulations, Air Cargo, Migratory Birds Regulations
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):
Queen Street Analytics provides a high-level overview of monthly regulatory developments. If your organization has more specific needs, for example:
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1. New Regulations
New regulations amending the Schedule I to the Access to Information Act (Miscellaneous Program) (SOR/2024-184)
Agency: Department of Justice
Statutory authority: Access to Information Act
TL;DR: removing references to government institutions that no longer exist, updating institutions that have merged or been incorporated into other departments, and clarifying cross-references in the Privacy Act Extension Order No. 1.
New regulations amending the Canadian Hatching Egg Producers Quota Regulations (SOR/2024-194)
Agency: Canadian Hatching Egg Producers
Statutory authority: Farm Products Agencies Act
New regulations amending the China Surtax Order (SOR/2024-187)
Agency: Minister of Finance and Minister of Foreign Affairs
Statutory authority: Customs Tariff
TL;DR: introducing a 100% surtax on electric vehicles (EVs) produced in China to counteract adverse effects of China's trade practices on Canada’s EV market.
New regulations amending the Corrections and Conditional Release Regulations (SOR/2024-181)
Agency: Minister of Public Safety and Emergency Preparedness
Statutory authority: Corrections and Conditional Release Act
New regulations amending the Critical Habitat of the Spotted Gar Order (SOR/2024-195)
Agency: Ministry of Fisheries and Oceans
Statutory authority: Species at Risk Act
New regulations amending Schedule V to the Financial Administration Act (SOR/2024-182)
Agency: Minister of Industry
Statutory authority: Financial Administration Act
TL;DR: removing "Statistics Survey Operations" from Schedule V as it no longer has any employees.
New regulations amending the schedule to the First Nations Elections Act (SOR/2024-189) (SOR/2024-191) (SOR/2024-193)
Agency: Minister of Indigenous Services
Statutory authority: First Nations Elections Act
New regulations amending the Indian Bands Council Elections Order (SOR/2024-188) (SOR/2024-190) (SOR/2024-192)
Agency: Minister of Indigenous Services
Statutory authority: Indian Act
New regulations amending the Information and Management of Time Limits Regulations (Miscellaneous Program) (SOR/2024-180)
Agency: Minister of the Environment
Statutory authority: Impact Assessment Act
TL;DR: aligning the Information and Management of Time Limits Regulations with recent legislative changes to the Impact Assessment Act.
New regulations amending the Privacy Act Extension Order No. 1 (Miscellaneous Program) (SOR/2024-186) (SOR/2024-185)
Agency: Minister of Justice
Statutory authority: Privacy Act
New regulations amending the Radiation Emitting Devices Regulations (Laser Products) (SOR/2024-196)
Agency: Minister of Health
Statutory authority: Radiation Emitting Devices Act
New regulations amending the Special Economic Measures (SOR/2024-177) (SOR/2024-178) (SOR/2024-179)
Agency: Minister of Foreign Affairs
Statutory authority: Special Economic Measures Act
New regulations amending the Weights and Measures Regulations (SOR/2024-183)
Agency: Minister of Industry
Statutory authority: Weights and Measures Act
TL;DR: amending the Weights and Measures Regulations to exempt timber dimension measuring devices (TDMDs) from certain requirements, aligning with new ministerial specifications for these devices.
New regulations amending the Regulations Establishing a List of Entities (SOR/2024-204)
Agency: Minister of Public Safety and Emergency Preparedness
Statutory authority: Criminal Code
TL;DR: adding "Samidoun (also known as Palestinian Prisoner Solidarity Network)" to the list of terrorist entities.
New regulations amending the Canadian Aviation Security Regulations, 2012 (Air Cargo) (SOR/2024-203)
Agency: Minister of Transport
Statutory authority: Aeronautics Act
New regulations amending the China Surtax Order (SOR/2024-202)
Agency: Minister of Finance and Minister of Foreign Affairs
Statutory authority: Customs Tariff
TL;DR: introducing surtaxes on Chinese-origin steel and aluminum products.
New regulations amending the Regulations Made Under the Customs Act (Low Value Shipment Threshold) (SOR/2024-199)
Agency: Minister of Public Safety and Emergency Preparedness
Statutory authority: Customs Act
New regulations amending the Migratory Birds Regulations, 2022 (Miscellaneous Program) (SOR/2024-197)
Agency: Minister of the Environment
Statutory authority: Migratory Birds Convention Act, 1994
TL;DR: correcting a discrepancy between the French and English versions of the regulations.
Notice regarding the National Security and Intelligence Review Agency Act Deputy Heads of the Federal Public Administration Order (SI/2024-51)
Agency: Prime Minister
Statutory authority: National Security and Intelligence Review Agency Act
New regulations amending the Public Service Superannuation Regulations (Transfer Value) (SOR/2024-201)
Agency: President of the Treasury Board
Statutory authority: Public Service Superannuation Act
TL;DR: clarifying the definition of "valuation day" for transfer value calculations under the Public Service Superannuation Regulations by repealing the pre-2016 definition.
New regulations amending the Quebec Fishery Regulations, 1990 (SOR/2024-198)
Agency: Minister of Fisheries and Oceans
Statutory authority: Fisheries Act
New regulations amending the Special Economic Measures regarding Russia (SOR/2024-200)
Agency: Minister of Foreign Affairs
Statutory authority: Special Economic Measures Act
New amendments to specifications relating to Timber Dimension Measuring Devices (SI/2024-48)
Agency: Minister of Industry
Statutory authority: Weights and Measures Act
TL;DR: establishing specifications under the Weights and Measures Act for timber dimension measuring devices, outlining definitions, performance limits, design requirements, and error handling procedures.
2. Proposed New Regulations
October 5, 2024: Department of Employment and Social Development proposes new regulations amending the Canada Pension Plan Regulations (authority: Canada Pension Plan)
Objective: modernize the delivery of Canada Pension Plan (CPP) and Old Age Security (OAS) benefits, codifying temporary measures introduced during the COVID-19 pandemic to allow for the continued processing of applications without the need for original or certified documents
October 5, 2024: Department of Employment and Social Development (ESDC) proposes new regulations amending the Old Age Security Regulations (authority: Old Age Security Act)
Objective: modernize the process for determining the relationship between applicants and their spouses or common-law partners, as well as the determination of age and identity for Old Age Security benefits, by allowing the use of statutory declarations and other evidence instead of requiring original documents in some cases
October 12, 2024: Department of Fisheries and Oceans proposes new regulations amending the Fishery (General) Regulations (authority: Fisheries Act)
Objective: amend Schedule IX to prescribe 65 major fish stocks, making them subject to the sustainability provisions of the Fisheries Act, and to correct geographic descriptions for certain existing stocks
30-day consultation (until November 11, 2024, 11:59 PM EST)
October 19, 2024: Canada Deposit Insurance Corporation proposes new regulations amending the Canada Deposit Insurance Corporation Differential Premiums By-law (authority: Canada Deposit Insurance Corporation Act)
Objective: increase the number of premium categories from four to five, align requirements for Category III SMSBs with OSFI’s 2023 guidelines, and ensure consistency with OSFI’s Basel Capital Adequacy Reporting
30-day consultation (until November 18, 2024, 11:59 PM EST)
3. Notices from Agencies and Commissions
Canadian International Trade Tribunal
October 5, 2024: Notice of hearings for appeal under the Customs Act regarding Aquaterra Corporation Ltd.'s classification of water dispensers.
October 5, 2024: Notice of hearings for appeal under the Customs Act regarding BabyBjörn Inc.'s classification of baby bouncers.
October 5, 2024: Notice of inquiry into procurement complaint by Keverest Technologies Inc. regarding a Department of Public Works and Government Services contract.
October 12, 2024: Notice of determination regarding a complaint filed by TYR Tactical Canada ULC concerning a procurement by PWGSC for the Department of National Defence.
October 12, 2024: Notice of inquiry into a complaint from White Bear Industries Ltd. regarding a procurement by PWGSC for highway maintenance on the Alaska Highway.
October 19, 2024: Notice of determination regarding a complaint by C-CORE concerning a procurement by the Department of Natural Resources for geospatial web harvester development and operations.
October 19, 2024: Notice of expiry review initiation on the order concerning dumping of hot-rolled carbon steel plate and high-strength low-alloy steel plate from Bulgaria, the Czech Republic, and Romania.
October 19, 2024: Notice of finding regarding the injury caused by dumping of certain wire rod from China, Egypt, and Vietnam.
October 26, 2024: Notice of order continuing finding concerning the dumping of carbon steel welded pipe originating in or exported from Pakistan, the Philippines, Türkiye, and Vietnam.
October 26, 2024: Notice of appeal hearing concerning classification of a Spyderco Manix 2 folding knife as a "prohibited weapon".
Canadian Radio-television and Telecommunications Commission
October 5, 2024: Notice of decision on radio station renewals for CBC stations in Kelowna, Salmon Arm, Toronto, Windsor, and London.
October 12, 2024: Notice of applications for renewal, amendment, or complaints posted between September 26 and October 3, 2024.
October 19, 2024: Notice of publication of original decisions, notices of consultation, regulatory policies, information bulletins, and orders on the Commission’s website.
October 19, 2024: Notice of consultation on the proposed Code of Conduct Respecting Bargaining in Relation to Online News Content.
October 26, 2024: Notice of application for renewal or amendment by Bell Media Inc.
CUSMA Secretariat
October 5, 2024: Notice of panel review request regarding U.S. antidumping duties on softwood lumber products from Canada.
October 5, 2024: Notice of panel review request regarding U.S. countervailing duties on softwood lumber products from Canada.
Department of the Environment & Department of Health
October 5, 2024: Notice of draft Implementation Framework for the Right to a Healthy Environment.
October 5, 2024: Notice of publication of the proposed Plan of Priorities.
October 5, 2024: Notice of publication of the proposed Watch List Approach to compile the list of substances under section 75.1 of the Canadian Environmental Protection Act, 1999.
Innovation, Science and Economic Development Canada
October 5, 2024: Notice of publication of RSS-216, Issue 3 — Wireless Power Transfer Devices standards.
October 26, 2024: Notice of publication of Radio Standards Specification RSS-248, Issue 3, for Radio Local Area Network (RLAN) devices.
Privy Council Office
October 5, 2024: Notice of appointment opportunities for various Governor in Council positions.ccccc
October 19, 2024: Notice of appointment opportunities for various Governor in Council positions.
Public Service Commission
October 12, 2024: Notice of permission granted to John MacRae, Health Canada, to seek nomination as a candidate for the provincial election in Lanark-Frontenac-Kingston, Ontario.
October 12, 2024: Notice of permission granted to Carl Miguel Maldonado, Canada Border Services Agency, to seek nomination as a candidate for the municipal election in Terrebonne, Quebec.
October 19, 2024: Notice of permission and leave granted to Riley Ellis, Employment and Social Development Canada, to seek nomination as a candidate in the electoral district of Edmonton West, Alberta, in the federal election.
Department of Employment and Social Development
October 12, 2024: Notice of the Employment Insurance premium rate for 2025, set at $1.64 per $100 of insurable earnings.
October 12, 2024: Notice of the Employment Insurance premium reduction rate for 2025 for Quebec residents under the Quebec Parental Insurance Plan, set at $0.33, making the effective rate $1.31 per $100 of insurable earnings.
Department of the Environment
October 12, 2024: Notice of publication of the form for requesting an assessment of a substance under section 76 of the Canadian Environmental Protection Act, 1999, on the Chemical Substances website.
October 19, 2024: Notice of Ministerial Condition No. 21964.
October 26, 2024: Notice of Order 2024-87-08-02 amending the Non-domestic Substances List.
Department of Health
October 12, 2024: Notice of the proposed Guidelines for Canadian Drinking Water Quality — Radiological.
Canada Revenue Agency
October 19, 2024: Notice of revocation of registration of a charities.
October 26, 2024: Notice of revocation of registration of a charity.
Department of Citizenship and Immigration
October 19, 2024: Notice of Ministerial Instructions regarding the processing of certain study permit applications for foreign nationals as members of the student class.
October 19, 2024: Notice of Ministerial Instructions regarding the submission of online applications for temporary resident visas and other documents.
Department of Transport
October 19, 2024: Issuance of supplementary letters patent for the Trois-Rivières Port Authority to amend Schedule C of the Canada Marine Act regarding lot 5 861 361 in Trois-Rivières, Quebec.
October 26, 2024: Notice of Interim Order No. 3 regarding the Summerside Compulsory Pilotage Area.
October 26, 2024: Notice of Interim Order No. 4 regarding the Placentia Bay Compulsory Pilotage Area=.
Office of the Superintendent of Financial Institutions
October 19, 2024: Notice of letters patent of amalgamation and order for CIBC Mellon Trust Company to commence business under the Trust and Loan Companies Act.