Highlights

  • The Canadian government has updated the Canada Labour Code to improve legal document service and clarify wage calculations for non-hourly employees at CIRB hearings.
  • New levies for turkey production have been set to expire on March 31, 2024, and chicken marketing quotas have been adjusted for a specified period in 2023.
  • Egg marketing quotas have been revised for the period up to December 30, 2023.
  • The Minister of Finance must now annually report on climate-related financial risks and opportunities.
  • Turkey marketing quotas have been updated for the 2022-2023 period.
  • Outdated environmental assessment regulations have been repealed, and discrepancies between English and French versions of the Physical Activities Regulations have been corrected.
  • Six First Nations have been added to the First Nations Fiscal Management Act, enabling them to access financial management services.
  • Changes to Canada’s carbon pricing framework include integration with provincial systems, updated fuel charge rates, and exemptions for certain fuels.
  • The Safe Third Country Agreement with the U.S. has been modernized to apply across the entire land border and includes provisions for stateless persons and temporary foreign workers.
  • Interest on debts owed by municipalities for RCMP policing services has been waived to prevent additional financial strain.
  • NAFO has been granted legal capacities and privileges in Canada as per a Headquarters Agreement.
  • New Brunswick has joined the Multilateral Agreement for Pooled Registered Pension Plans, streamlining administration across jurisdictions.
  • Amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations aim to support housing supply and attract skilled workers.
  • Sanctions have been imposed on additional individuals from Haiti’s elite for corruption and supporting criminal gangs.
  • Additional sanctions on Iran target individuals and entities involved in human rights violations and threats to international peace.
  • Sanctions on 100 individuals from Zimbabwe have been lifted as the reasons for their inclusion no longer apply.
  • Non-substantive errors in various United Nations Act regulations have been corrected for clarity and consistency.

Canada Labour Code Amendments: Modernizing Document Service and Clarifying Wage Calculations for CIRB Hearings

The Canadian government has enacted regulations to amend the Canada Labour Code, specifically addressing the service of legal documents and the calculation of regular wages for employees attending Canada Industrial Relations Board (CIRB) hearings. These changes aim to streamline enforcement of the Code and clarify wage calculations for employees not paid on an hourly basis.

For the service of documents, the regulations introduce new methods including electronic delivery and substitutional service, which allows documents to be left at the last-known address or usual place of residence when standard methods fail. This modernizes the process and helps ensure that hard-to-reach employers receive necessary legal documents.

Regarding the calculation of regular wages for employees attending CIRB hearings, the regulations provide a formula for those who are not paid hourly, such as those on commission. The formula involves dividing the wages earned in the preceding four or twelve weeks by the hours worked, excluding overtime, to calculate an hourly rate. This rate is then used to compensate for time spent at CIRB hearings. The regulations also address situations where collective agreements specify wage rates or when the minimum wage should be used instead.

Additionally, the regulations make minor amendments to the Administrative Monetary Penalties (Canada Labour Code) Regulations to ensure consistency in the classification of violations related to wage calculations.

These changes are designed to improve the Labour Program’s ability to enforce labour standards and provide clarity and fairness in compensating employees for their time at CIRB hearings. The regulations are expected to have minimal impact on small businesses and do not disproportionately affect any demographic groups. They will come into force on the day of their publication in the Canada Gazette, Part II. [Source]

Extension of Canada Turkey Marketing Levies Until 2024

The Canadian Turkey Marketing Agency has amended the Canada Turkey Marketing Levies Order (2019) to set a new expiration date for the levies on turkey production. The levies will now cease to have effect on March 31, 2024. This amendment has been approved by the National Farm Products Council as it is necessary for the implementation of the marketing plan that the Agency is authorized to implement. The Order Amending the Canada Turkey Marketing Levies Order (2019) comes into force on the day it is registered. [Source]

New Canadian Chicken Quota Regulations for April-June 2023 Period

Chicken Farmers of Canada (CFC) has amended the Canadian Chicken Marketing Quota Regulations to set new limits for the production and marketing of chicken for the period beginning on April 9, 2023, and ending on June 3, 2023. The amendments specify the production subject to federal and provincial quotas, market development quotas, and specialty chicken quotas for each province. The total production allowed under these quotas for the specified period is detailed in a schedule, with different allocations for Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta, and Newfoundland and Labrador. These changes are made under the authority of the Farm Products Agencies Act and are approved by the National Farm Products Council, ensuring they align with the marketing plan CFC is authorized to implement. The new regulations come into force on April 9, 2023. [Source]

New Quota Limits for Canadian Egg Producers in 2023

The Canadian Egg Marketing Agency has amended the Canadian Egg Marketing Agency Quota Regulations, 1986, to establish new limits for special temporary market requirement quotas for egg producers. These quotas determine the number of dozens of eggs that producers in various provinces are allowed to market during the period from March 26, 2023, to December 30, 2023. The amendment specifies the quota limits for each province, with Ontario having the highest quota at over 17 million dozens, and the Northwest Territories having no allocated quota. This change is made under the authority of the Farm Products Agencies Act and has been approved by the National Farm Products Council, ensuring it aligns with the marketing plan the Agency is authorized to implement. [Source]

Canada Enacts Climate Financial Risk Reporting Mandate for 2050 Net-Zero Goal

The Canadian Net-Zero Emissions Accountability Act, which aims to reduce greenhouse gas emissions to net-zero by 2050, includes a provision that mandates the Minister of Finance to annually report on the federal public administration’s management of financial risks and opportunities related to climate change. While the rest of the Act was enacted on June 29, 2021, Section 23, which contains this requirement, has now been brought into force by an order in council. The first report, covering the fiscal year 2023–2024, is expected to be published by the end of 2024, with subsequent reports to be published annually. The Department of Finance Canada will undertake this task using existing resources, and there are no additional financial implications. The Department of Finance Canada has coordinated with Environment and Climate Change Canada and the Treasury Board Secretariat in preparation for this initiative. The goal is to enhance transparency and accountability regarding the government’s climate-related financial strategies. [Source]

Amendment to Canadian Turkey Marketing Quota Regulations for 2022-2023

The Canadian Turkey Marketing Agency has amended the Canadian Turkey Marketing Quota Regulations, 1990, to update the market allotment quotas for turkey producers across various provinces for the control period from May 1, 2022, to April 29, 2023. The amendment reflects significant changes in the size of the market for turkeys. The new quotas specify the pounds of turkey each province is allocated, with Ontario receiving the largest quota followed by Quebec, British Columbia, Alberta, Manitoba, Saskatchewan, Nova Scotia, and New Brunswick. The National Farm Products Council has approved these changes, which are deemed necessary for the implementation of the marketing plan that the Agency is authorized to implement. The revised quotas are detailed in a new schedule replacing the previous one in the regulations. The amendment comes into effect on the day of its registration. [Source]

Canadian Government Repeals Outdated Environmental Regulations and Corrects Bilingual Discrepancy in Project List

The Canadian government has enacted regulations to address two main issues. Firstly, they are repealing outdated regulations that were made under the former Canadian Environmental Assessment Act (CEAA), which was replaced in 2012 and again in 2019 by the Impact Assessment Act (IAA). These old regulations were causing confusion as they remained listed on official websites despite having no legal effect. The Standing Joint Committee for the Scrutiny of Regulations recommended their repeal to eliminate this confusion.

Secondly, the government is correcting a discrepancy between the English and French versions of the Physical Activities Regulations (Project List) under the IAA. The English version includes a specific threshold for hydroelectric generating facilities to be designated by the Project List, which was inadvertently omitted from the French version. The amendment will align the French version with the English one and the original policy intent.

The repealed regulations include the Canada Port Authority Environmental Assessment Regulations, Comprehensive Study List Regulations, and several others related to environmental assessment procedures and requirements for federal authorities and projects outside Canada.

The one-for-one rule, which aims to control the administrative burden on Canadian businesses, applies to this initiative, resulting in the removal of 10 regulatory titles. The small business lens analysis concluded that these amendments will not impact small businesses in Canada. [Source]

Expansion of First Nations Economic Development Opportunities through Fiscal Management Act Amendment

The Order Amending the Schedule to the First Nations Fiscal Management Act adds six First Nations to the schedule of the Act, enabling them to access services for economic development. These First Nations are Attawapiskat, Dakota Plains, Little Grand Rapids, Lubicon Lake, Old Massett Village Council, and Pinaymootang First Nation. The First Nations Fiscal Management Act provides First Nations with authority over financial management, property taxation, local revenues, and infrastructure financing. By being added to the schedule, these communities can implement property tax systems, seek financial management certification, and access bond financing for development projects. The amendment is in response to requests from the First Nations and does not impose any costs. It aims to enhance governance capacity and support economic development in First Nation communities. There are no compliance requirements or additional costs associated with the amendment. [Source]

Canada Updates Carbon Pricing Framework with New Regulations and Integration of Provincial Systems

The Regulations Amending Schedule 2 to the Greenhouse Gas Pollution Pricing Act, Amending the Fuel Charge Regulations, and Repealing the Part 1 of the Greenhouse Gas Pollution Pricing Act Regulations (Alberta) introduce several changes to Canada’s carbon pricing framework. These changes include:

  1. Integration of Alberta’s and Ontario’s output-based pricing systems (OBPS) with the federal fuel charge, allowing facilities subject to provincial OBPS to register as emitters under the federal system. This integration, which is voluntary, enables registered distributors to deliver fuel to registered emitters without paying the fuel charge, provided the fuel is used at a covered facility.

  2. Update of the fuel charge rates in Schedule 2 of the Greenhouse Gas Pollution Pricing Act to reflect the new carbon price trajectory from 2023 to 2030. The rates will increase annually, starting at $65 per tonne in 2023–2024 and rising to $170 per tonne by 2030–2031.

  3. Introduction of relief for bio-aviation fuel and hydrogen when blended with aviation fuels or natural gas, providing proportional relief based on the percentage of renewable fuel blended.

  4. Modification of the definition of marketable natural gas to better reflect the chemical composition of natural gas in Canada and the commercial reality of the natural gas distribution and transportation system.

  5. Provision of a rebate for fuel charge to registered distributors when fuel is removed from a listed province by non-registered persons, under certain conditions.

  6. Exemption from the fuel charge for combustible waste burned at a covered facility by a registered emitter.

  7. Consolidation of rules from the Part 1 of the Greenhouse Gas Pollution Pricing Act Regulations (Alberta) into the Fuel Charge Regulations and repeal of the former.

The regulations aim to ensure the proper functioning of the fuel charge system, align with the federal government’s carbon pricing trajectory, and provide legal certainty to stakeholders. The changes to the fuel charge rates are designed to incentivize energy efficiency, fuel switching, and technological advances to reduce greenhouse gas emissions. The direct proceeds from the federal carbon pricing system are returned to the provinces or territories where they are collected, with most being returned to households through Climate Action Incentive payments. The implementation and enforcement of these regulations fall under the Canada Revenue Agency and the Minister of the Environment. [Source]

Canada Expands Safe Third Country Agreement to Entire U.S. Border and Clarifies Asylum Regulations

The Canadian government has amended the Immigration and Refugee Protection Regulations to modernize the Safe Third Country Agreement (STCA) with the United States. The STCA now applies to the entire Canada-U.S. land border, including waterways, and affects individuals who make an asylum claim within 14 days of crossing at unofficial points of entry. Those who do not meet an exception or exemption will be returned to the U.S. to file their asylum claim there.

The amendments clarify the definition of a stateless person, who is exempt from the STCA, and establish the authority for immigration officers to allow individuals previously deemed ineligible under the STCA, and refused re-entry by the U.S., to enter Canada to make their claim.

The changes aim to ensure orderly and consistent handling of asylum claims, reinforce border integrity, and strengthen public confidence in the integrity of the asylum system. The government anticipates that these changes will reduce the number of irregular arrivals, alleviate pressure on government resources, and potentially deter individuals from dangerous attempts to cross the border irregularly.

The costs associated with these amendments are estimated at $61.5 million over 10 years, covering transition costs, capital costs, and ongoing processing, operations, and enforcement costs. The benefits, while not quantified, include improved border management, potential reduction in irregular arrivals, and enhanced collaboration with the U.S. on migration issues.

The amendments may also pose risks, such as increased pressure on local police and potential dangers to asylum seekers who may attempt to cross at more remote and risky locations. The government plans to monitor irregular migration routes and engage with local police and Indigenous communities as needed.

The regulatory amendments will come into force upon ratification of the Protocol to the STCA. Training and operational guidance have been provided to frontline officers, and new communications material has been developed to inform the public about the new requirements. [Source]

Canada Waives Interest on Municipal Debts for RCMP Retroactive Pay Increases

The Canadian government has issued a remission order to waive the interest on debts owed by municipalities for retroactive compensation increases for RCMP policing services. This decision follows the ratification of the National Police Federation’s collective bargaining agreement, which included nearly 15.2% salary increases over four years (2017-2021), resulting in a total retroactive cost of $448.1 million. The flexible repayment schedule offered to municipalities extends beyond the standard timelines in the policing agreements, which would typically incur interest under the Financial Administration Act. However, provinces and territories are exempt from such interest, and the remission order ensures equitable treatment for all contract jurisdictions by also exempting municipalities from paying interest on these debts.

The remission order is considered to be in the public interest as it provides fair treatment across all RCMP contract policing jurisdictions and prevents additional financial strain on municipalities, which may already be facing challenges such as inflation, mental health and opioid crises, and recovery from the COVID-19 pandemic. The decision is expected to have a positive impact on local communities by allowing funds to be allocated to other pressing needs rather than interest payments.

Consultations were held with contract jurisdictions, and the decision was informed by engagement sessions with provinces, territories, and municipalities. The RCMP will invoice contract partners, and Public Safety Canada will offer discussions on repayment flexibility up to a maximum of two years if needed. The remission order was developed with input from various government departments and agencies. [Source]

The Northwest Atlantic Fisheries Organization Privileges and Immunities Order, 2023, establishes legal capacities and privileges for the Northwest Atlantic Fisheries Organization (NAFO) in Canada, as outlined in a Headquarters Agreement between Canada and NAFO. The Order grants NAFO the legal capacities of a body corporate and provides it, its representatives, officials, and experts with certain privileges and immunities as specified in the United Nations Convention on Privileges and Immunities. These privileges and immunities are not for personal benefit but to ensure independent exercise of functions in the interests of NAFO. Canadian citizens are not exempt from taxes or duties under this Order. The Order repeals previous orders related to NAFO privileges and immunities and comes into force on the day the Headquarters Agreement becomes effective or upon registration if later. The Order aligns with current domestic practices under the Foreign Missions and International Organizations Act and continues the provision of privileges and immunities already granted to NAFO. There are no financial implications or impacts on small businesses, and no additional stakeholder consultations are necessary. The Order does not trigger modern treaty obligations, and a strategic environmental assessment is not required. The Order is not expected to have wider gender-based analysis plus implications. [Source]

New Brunswick Joins Multilateral Agreement for Streamlined Pension Plans Regulations

The Canadian government has amended the Pooled Registered Pension Plans Regulations to include New Brunswick, enabling the province to join the Multilateral Agreement Respecting Pooled Registered Pension Plans and Voluntary Retirement Savings Plans. This change allows New Brunswick to streamline the registration, licensing, and supervision of PRPPs across jurisdictions, reducing costs for administrators and avoiding duplicative regulatory work. The federal Pooled Registered Pension Plans Act, which facilitates accessible and low-cost pension options, applies to federally regulated industries and the self-employed in certain territories. Provinces with similar legislation can enter into a multilateral agreement with the federal government, which has been done by British Columbia, Saskatchewan, Manitoba, Ontario, Nova Scotia, and Quebec.

The agreement delegates the supervision of PRPPs to the Office of the Superintendent of Financial Institutions (OSFI), except in Quebec, where the Autorité des marchés financiers (AMF) issues licenses and supervises VRSPs. This harmonization is supported by the financial sector and provincial governments, as it promotes larger PRPPs, increases workplace pension plan coverage, and reduces costs. The amendments do not impose any new costs on businesses or the government and are not expected to have differential impacts on Indigenous peoples. The changes are technical and were exempt from prepublication, as they do not impact businesses or individuals directly. The small business lens analysis concluded that there would be no cost impacts on small businesses, and the one-for-one rule does not apply. The amendments are not part of a formal regulatory cooperation initiative but align with the existing agreement to streamline PRPP administration. A strategic environmental assessment was deemed unnecessary, and no significant gender-based analysis plus (GBA+) impacts were identified. The regulations will be enforced by OSFI and will come into force on the day they are registered. [Source]

Canada Amends Foreign Property Purchase Ban to Boost Housing and Attract Skilled Workers

The Canadian government has made amendments to the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations to address challenges that arose after the initial implementation. These changes aim to support housing supply growth and the country’s ability to attract skilled workers.

Key amendments include:

  1. The definition of “control” has been changed, raising the threshold for foreign ownership from 3% to 10%. This aligns with the Underused Housing Tax and simplifies compliance for corporations and entities.

  2. The prohibition no longer applies to vacant land, allowing non-Canadians to purchase such land for any purpose, including residential construction, which is expected to help increase housing supply.

  3. An exemption has been introduced for temporary foreign workers, allowing those with work permits or work authorization with at least 183 days remaining to purchase a single residential property. This change removes the previous full-time work condition and tax filing requirement.

  4. An exception has been created for the acquisition of residential property by non-Canadians for development purposes, providing flexibility for all types of developments subject to local zoning laws.

  5. Publicly traded entities in Canada controlled by non-Canadians are now exempt, allowing them to purchase residential property for development.

These amendments were made in response to feedback from various stakeholders, including developers, provincial and territorial governments, and industries reliant on foreign labor. The changes are designed to clarify and simplify the regulations, supporting the government’s National Housing Strategy and immigration policies. The amendments are relieving in nature and do not impose new administrative burdens on small businesses. They are effective upon registration and will be reflected in updated guidance on the Canada Mortgage and Housing Corporation’s website. [Source]

Canada Expands Sanctions on Haitian Elites Linked to Corruption and Gang Support

The Canadian government has amended the Special Economic Measures (Haiti) Regulations to impose sanctions on two additional individuals from Haiti’s economic and political elite. These individuals are believed to be involved in significant acts of corruption and have been supporting criminal gangs that contribute to the country’s humanitarian crisis. The sanctions include a broad dealings ban, making these individuals inadmissible to Canada.

The amendments are a response to the ongoing crisis in Haiti, which is marked by violence, insecurity, and a severe humanitarian situation, including a cholera outbreak and widespread hunger. The sanctions aim to disrupt the flow of illicit funds and weapons to Haiti, which are facilitated by the targeted individuals.

The sanctions prohibit any transactions or dealings involving the property of the listed individuals by anyone in Canada or Canadian entities abroad. The measures are part of Canada’s commitment to addressing the crisis in Haiti and supporting efforts to restore law and order.

Consultations with stakeholders in Haiti and coordination with international allies, including the United States, have informed these measures. The sanctions are targeted to minimize the impact on Canadian businesses and the Haitian population, focusing instead on the individuals responsible for corruption and violence.

The enforcement of these sanctions will be carried out by the Royal Canadian Mounted Police, with penalties for non-compliance including fines and imprisonment. The Canada Border Services Agency will also play a role in enforcement. The names of the sanctioned individuals will be added to the Consolidated Canadian Autonomous Sanctions List to assist with compliance. [Source]

Canada Expands Sanctions on Iran Targeting Officials and Entities Linked to Human Rights Violations and Security Threats

The Canadian government has amended the Special Economic Measures (Iran) Regulations to impose additional sanctions on Iran due to its ongoing human rights violations and threats to international peace and security. These amendments add eight individuals and two entities to the list of those subject to a broad dealings ban. The individuals are senior officials of the Islamic Revolutionary Guard Corps and Law Enforcement Forces involved in the suppression of demonstrations and officials in entities producing weaponized Unmanned Aerial Vehicles used by the IRGC and exported for use by third parties, such as Russia. The entities support the regime’s ability to disrupt online communications and supply tactical equipment for suppressing demonstrations.

The sanctions are intended to pressure Iran to change its behavior and reaffirm Canada’s commitment to holding Iran accountable for its domestic and international actions. The amendments align Canada’s stance with recent designations by the EU, the UK, and the US. They prohibit Canadians and Canadian entities from dealing with the listed persons and entities.

The sanctions are expected to have minimal impact on Canadian businesses and the Canadian economy, as the individuals and entities likely have limited connections to Canada. The sanctions are also in line with Canada’s Controlled Engagement Policy, which limits bilateral relations with Iran to a few issues, including human rights and regional security.

The rationale behind the sanctions is to respond to Iran’s human rights abuses and threats to regional and international security. The sanctions support the women of Iran and are intended to pressure Iran to cease its egregious behavior. Enforcement of the sanctions will be carried out by the Royal Canadian Mounted Police and the Canada Border Services Agency, with penalties for non-compliance including fines and imprisonment. [Source]

Canada Updates Zimbabwe Sanctions, Removes 100 Individuals from List

The Canadian government has amended the Special Economic Measures (Zimbabwe) Regulations to remove 100 individuals from the sanctions list, as the reasons for their initial inclusion no longer apply. This action updates Canada’s sanctions regime to reflect current conditions in Zimbabwe and aligns with the approaches of like-minded international partners. The sanctions were originally imposed in response to the violent political crisis following Zimbabwe’s 2008 presidential elections, led by former President Robert Mugabe. The remaining sanctions continue to prohibit the export of arms and related materials to Zimbabwe and restrict financial transactions and services involving listed individuals and entities. The amendments aim to demonstrate the flexibility of Canada’s sanctions regime and address criticisms from African states about its perceived rigidity. The enforcement of these regulations falls under the jurisdiction of the Royal Canadian Mounted Police and the Canada Border Services Agency, with penalties for non-compliance including fines and imprisonment. [Source]

Canadian Government Updates UN Act Regulations for Clarity and Consistency

The Canadian government has made amendments to various regulations under the United Nations Act to correct non-substantive errors and inconsistencies identified by the Standing Joint Committee for the Scrutiny of Regulations and Global Affairs Canada. These changes include aligning English and French texts, correcting typographical and grammatical mistakes, removing redundant provisions, harmonizing inconsistencies, eliminating duplications, and renumbering provisions. The updates affect regulations related to the suppression of terrorism, Iraq, Iran, Libya, the Central African Republic, and Yemen. The amendments aim to maintain the integrity of Canada’s regulatory regime by ensuring clarity and consistency across the regulations. There are no administrative or cost impacts associated with these amendments, so the one-for-one rule and small business lens do not apply. [Source]

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