Highlights

  • The Canadian government is considering adding the Monarch butterfly and two subspecies of the Western Bumble Bee to the List of Wildlife Species at Risk, following COSEWIC’s assessments.
  • Regulations under the Federal Courts Act have been updated to set the number of associate judges and establish workload requirements for supernumerary associate judges in the Federal Court and Tax Court of Canada.
  • Amendments to the Canada Labour Code require employers to reimburse employees for work-related expenses and provide a written statement of employment.
  • Employers in federally regulated industries must now provide menstrual products in the workplace and ensure proper disposal facilities are available.
  • The Canadian Turkey Marketing Agency has adjusted the levy rate for turkey producers in British Columbia.
  • New chemical substances and one living organism have been added to the Domestic Substances List after assessment.
  • Amendments to the Government Contracts Regulations aim to reduce administrative burdens and streamline processes.
  • The Halalt First Nation in British Columbia has opted to conduct its council elections based on its own community election code, moving away from the Indian Act’s regime.
  • The Pari-Mutuel Betting Supervision Regulations have been amended to include bupivacaine as a prohibited substance to maintain the integrity of horse racing.
  • Additional sanctions have been imposed on Iran, targeting individuals and an entity associated with human rights violations and threats to international peace.
  • A correction was made to an error in the publication of regulations amending certain regulations under the United Nations Act.

Canada Considers Endangered Status for Monarch Butterfly and Western Bumble Bee Subspecies

The Canadian government, through the Governor General in Council and upon the recommendation of the Minister of the Environment, has acknowledged the assessments of the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) concerning the status of three species: the Monarch butterfly and two subspecies of the Western Bumble Bee (mckayi and occidentalis). The Monarch is recommended for reclassification as an endangered species, while the two bee subspecies are newly assessed, with the mckayi subspecies listed as of special concern and the occidentalis subspecies as threatened.

The purpose of this Order is to initiate a nine-month timeline for the government to decide whether to add these species to the List of Wildlife Species at Risk, not to add them, or to refer the matter back to COSEWIC for further consideration. The Monarch butterfly is noted for its migratory behavior and educational value, while the Western Bumble Bees are recognized for their distinct physical characteristics and regional habitats in Canada.

Following the assessments, the Minister of the Environment will propose a Listing Order to potentially amend the List of Wildlife Species at Risk based on COSEWIC’s recommendations. This proposal will be subject to a 30-day public comment period after being published in the Canada Gazette, Part I. The final decision will take into account public comments and any additional information received. [Source]

Canada Sets Associate Judge Appointments and Workload Regulations for Federal Court

The Canadian government has enacted new regulations under the Federal Courts Act, setting the number of associate judges that can be appointed to the Federal Court (FC) at nine. Additionally, the workload for supernumerary associate judges, who are those with reduced duties due to age and years of service, is established at a minimum of 50% of the workload of a full-time associate judge.

These regulations were introduced following amendments to the Federal Courts Act and the Tax Court of Canada Act by the Budget Implementation Act, 2022, No. 1. The changes aim to enhance transparency regarding the judicial resources of the FC and the Tax Court of Canada (TCC) and to provide clarity on the financial implications of associate judge salaries on the Consolidated Revenue Fund (CRF).

The title “prothonotary” has been changed to “associate judge” for these positions, and the role of supernumerary associate judge has been formalized, allowing for experienced judges to continue serving with a reduced workload rather than retiring. This arrangement is beneficial as it retains experienced judges, provides mentorship to new judges, and offers scheduling flexibility, all while being cost-effective compared to paying annuities to retired judges.

Consultations with the Chief Justice of the Federal Court, representatives of the associate judges, and the Office of the Commissioner for Federal Judicial Affairs Canada (CFJA) have shown support for the new regulations. The regulations do not impose new costs or administrative burdens on businesses and do not require a strategic environmental assessment or have significant impacts identified in a gender-based analysis plus (GBA+).

The regulations will come into force on the day they are registered, and their implementation will involve the appointment of the specified number of associate judges and the assignment of workloads to supernumerary associate judges by the Chief Justices of the FC and TCC. The CFJA may also update their website and application forms to reflect the new workload requirements for supernumerary associate judges. [Source]

Regulations for Appointment and Workload of Tax Court Associate Judges in Canada

The Canadian government has established regulations for the appointment of associate judges to the Tax Court of Canada. Specifically, the number of associate judges that can be appointed is set at two. Additionally, the regulations stipulate that the workload for a supernumerary associate judge, which is a judge who is semi-retired but still handles some cases, must be at least 50% of the workload of a full-time associate judge. These regulations are effective from the day they are registered. [Source]

Canada Labour Code Amendments to Enhance Employee Rights and Reimbursement Regulations

The Canadian government has enacted an order to bring into force certain provisions of the Budget Implementation Act, 2018, No. 2, specifically sections 486, 502, 523, 527, and 528. These sections will amend the Canada Labour Code to modernize federal labour standards. The amendments will require employers to reimburse employees for reasonable work-related expenses and provide a written statement of employment, as well as information about both employers’ and employees’ rights and obligations under Part III of the Code.

The changes are designed to address gaps in the legislation, as previously, employees had limited recourse to recover work-related expenses outside of civil action, which can be costly and time-consuming. The new requirements will ensure that employees are informed about their employment conditions and reimbursed for necessary expenses related to their work.

The amendments will apply to employees in federal Crown corporations and federally regulated private-sector industries, which include transportation by land and sea, airports, airlines, port operations, telecommunications, broadcasting, banks, and certain industries declared by Parliament, as well as First Nations Band Councils. These changes will not affect over 90% of the Canadian workforce, which falls under provincial employment jurisdiction.

The legislative provisions will come into force 60 days after the publication of the order, with employers having 90 days from the coming-into-force date to provide the required written employment statement to their employees. The supporting regulations will detail the time limit for reimbursement, factors to determine if an expense is work-related or reasonable, and the information to be included in the employment statement.

The modern labour standards consultation process of 2017-2018 did not specifically address these amendments, which were introduced to fill the identified legislative gap. The government did not conduct consultations on these particular changes before their introduction. [Source]

Enhanced Employment Protections for Federally Regulated Workers in Canada

The Canadian government has amended regulations under the Canada Labour Code to enhance protections for employees in federally regulated industries. These changes include:

  1. Employers must now provide a written employment statement within the first 30 days of employment, detailing the terms of the employment relationship, job duties, workplace address, start date, employment duration, probation period, qualifications, training requirements, work hours, wage rates, pay frequency, mandatory deductions, and how to claim work-related expenses.

  2. Employers are required to reimburse employees for reasonable work-related expenses within 30 days of a claim submission, unless a different time frame is agreed upon in writing. The regulations outline factors to determine if an expense is work-related and reasonable, such as its connection to work performance, necessity for work, employer requirement, compliance with health and safety standards, and legitimate business purpose.

  3. The regulations also update the Administrative Monetary Penalties (Canada Labour Code) Regulations to include penalties for non-compliance with the new requirements for work-related expense reimbursement and employment statements.

These changes aim to close legislative gaps, provide clarity on employment conditions, and reduce the need for civil actions over work-related expense disputes. The regulations will apply to all federally regulated employees and are expected to particularly benefit non-unionized workers and those in precarious jobs. The government will provide guidance to help employers comply with the new requirements. [Source]

Canada Mandates Free Menstrual Products in Federally Regulated Workplaces

The Canadian government has enacted new regulations requiring employers in federally regulated workplaces to provide menstrual products, including tampons and pads, in each toilet room. If it’s not feasible to provide these products in a toilet room, employers must offer them in another accessible and private location within the workplace. Additionally, employers must supply covered containers for the disposal of menstrual products in every toilet compartment.

These regulations aim to address the health and safety risks associated with the lack of menstrual products at work, which can lead to physical discomfort and psychological stress. The absence of menstrual products can also result in improvised solutions or absenteeism due to anxiety and stigma associated with menstruation, impacting mental health and productivity. The cost of menstrual products varies across Canada, and this financial burden falls on menstruating employees, particularly affecting those with lower incomes or in remote locations.

The regulations are part of the government’s commitment to gender equity and inclusivity, ensuring that menstruating employees have access to necessary hygiene products. The amendments to the Occupational Health and Safety Regulations will come into force on December 15, 2023, and are expected to reduce anxiety and absenteeism while increasing productivity. Compliance will be monitored and enforced through existing Labour Program mechanisms, and violations may result in administrative monetary penalties. The initiative has been developed with stakeholder input and is aligned with international trends towards providing menstrual products in public spaces. [Source]

New Levy Rate for British Columbia Turkey Producers Set at 4.50 Cents/kg

The Canadian Turkey Marketing Agency has amended the Canada Turkey Marketing Levies Order (2019) to set a new levy rate for turkey producers in British Columbia who market their products interprovincially or for export. The amendment changes the levy to 4.50 cents per kilogram. This change is made under the authority of the Farm Products Agencies Act and the Canadian Turkey Marketing Agency Proclamation, and it has been approved by the National Farm Products Council as necessary for the implementation of the marketing plan. The amendment takes effect on the day it is registered. [Source]

Canada Expands Domestic Substances List with New Chemicals and Polymers

The Minister of the Environment has amended the Domestic Substances List (DSL) to include new substances that have been manufactured or imported into Canada in quantities above the threshold set by the New Substances Notification Regulations (Chemicals and Polymers). The substances have undergone the required assessment period, and no restrictions have been placed on them. The amendments involve adding several chemical substances to Part 1 of the DSL in numerical order and adding a list of complex chemical substances to Part 3 of the DSL, each with a unique identifier. These substances include various polymers, reaction products, and compounds with specific chemical structures and properties. The Order comes into force on the day it is registered. [Source]

Addition of 14 New Substances to the Canadian Domestic Substances List

The Canadian Environmental Protection Act, 1999 (CEPA) requires that new substances, which are not listed on the Domestic Substances List (DSL), undergo a notification and assessment process to evaluate potential risks to the environment and human health. Substances that were in Canadian commerce or used for commercial manufacturing purposes between January 1, 1984, and December 31, 1986, or those that have been assessed and meet specific criteria, are added to the DSL.

The Minister of the Environment has approved the addition of 14 new substances to the DSL, which includes 13 chemicals and polymers and one living organism. This amendment to the DSL means that these substances are no longer subject to the New Substances Notification Regulations (Chemicals and Polymers) or the New Substances Notification Regulations (Organisms). The addition of these substances to the DSL facilitates their access for businesses, as they will no longer be subject to the same notification requirements.

The DSL is divided into eight parts, with Parts 1 to 4 listing chemicals and polymers, and Parts 5 to 8 listing inanimate biotechnology products and living organisms. Substances can be identified by their Chemical Abstracts Service (CAS) Registry Numbers, masked names, or specific substance names, depending on whether they are confidential or subject to Significant New Activity (SNAc) requirements.

The orders to amend the DSL do not impose any new regulatory requirements, and therefore, do not have any impact on modern treaty rights or obligations. They also do not result in any incremental compliance costs for stakeholders or enforcement costs for the Government of Canada. The orders are administrative in nature and are part of the federal obligation under CEPA.

The orders are now in force, and compliance with them is enforced according to the Canadian Environmental Protection Act: compliance and enforcement policy. Any suspected violations can be reported to the Enforcement Branch of the Department of the Environment. [Source]

Canadian Government Streamlines Contract Regulations and Reduces Administrative Burden

The Canadian Government has made amendments to the Government Contracts Regulations to reduce administrative burdens and streamline processes. These changes include:

  1. Removing the requirement for Treasury Board approval for the timing and amounts of advance payments when such approval is already required for contract entry. This change addresses the inefficiency of seeking repeated approvals due to minor contract amendments, such as changes in sales tax rates or payment dates.

  2. Updating the title “Commissioner of the Communications Security Establishment” to “Intelligence Commissioner” in the Schedule to the Regulations, reflecting changes made under the National Security Act, 2017.

  3. Exempting certain contracts from the requirement to solicit bids. These include service contracts for expert advice or testimony to support His Majesty’s legal position in litigation or dispute resolution, and contracts for implementing settlement agreements, court orders, or judgments in class proceedings where His Majesty is a party. This is to prevent the disclosure of sensitive information that could harm His Majesty’s legal interests and to facilitate the timely implementation of settlement terms.

The amendments do not affect Canada’s obligations under domestic and international trade agreements. They were pre-published in the Canada Gazette, Part I, with no comments received during the consultation period. The changes are not expected to impact modern treaty obligations, Indigenous governing bodies, or organizations, and do not alter the Crown’s legal obligations to Indigenous peoples.

The benefits of these amendments include decreased administrative costs and time without increasing contracting risks. The removal of the requirement to solicit bids for certain contracts also mitigates the risk of disclosing sensitive legal information. The amendments are not expected to significantly increase the number of non-competitive contracts due to existing standing offers for specialty services.

The small business lens analysis concluded that the amendments do not impact Canadian small businesses, and the one-for-one rule does not apply as there is no impact on businesses. The amendments are not part of any formal regulatory cooperation forum.

A strategic environmental assessment was deemed unnecessary, and no gender-based analysis plus (GBA+) impacts were identified. The amendments are effective upon registration, with existing compliance and enforcement protocols remaining unchanged. The Treasury Board Secretariat will publish a policy notice and provide guidance for impacted departments. [Source]

Halalt First Nation Adopts Custom Election Code, Moves Away from Indian Act Regime

The Halalt First Nation in British Columbia has decided to opt out of the election regime under the Indian Act and conduct its council elections based on its own community election code. This decision was made following a resolution by the Halalt First Nation Council and the development of a community election code that includes rules for electing the chief and councillors. The Minister of Indigenous Services has approved this change, revoking the application of the Indian Bands Council Elections Order to the Halalt First Nation. The new election system, which aligns with the community’s governance autonomy and addresses its specific needs, will be in effect for future elections, with the first one scheduled for September 12, 2023.

The Halalt First Nation conducted a ratification vote, with a majority of participating members supporting the move away from the Indian Act’s election provisions and the adoption of the Halalt First Nation Custom Election Code. This change does not have regulatory costs, as the First Nation will now manage its electoral process independently. The Government of Canada will not be involved in the elections under the community election process, nor will it resolve election appeals, which will be handled according to the community’s election code or through the courts.

The transition to a community election system is part of a broader effort to facilitate self-determination and restore traditional governance structures, which may include more diverse participation from women, youth, and elders. The Department of Indigenous Services ensures that community election codes comply with the Canadian Charter of Rights and Freedoms and relevant jurisprudence. The change is expected to enhance governance autonomy for the Halalt First Nation and is consistent with the government’s commitment to recognizing Indigenous peoples’ right to self-determination. [Source]

Canada Bans Bupivacaine in Horse Racing to Protect Betting Integrity

The Minister of Agriculture and Agri-Food in Canada has enacted an amendment to the Pari-Mutuel Betting Supervision Regulations, specifically adding the drug bupivacaine to the list of prohibited substances. Bupivacaine is a local anesthetic that can mask pain in horses, potentially affecting race outcomes. The amendment aims to uphold the integrity of pari-mutuel betting and the racing industry by ensuring no performance-altering drugs are present in a horse’s system during races. The Canadian Pari-Mutuel Agency (CPMA) consulted with its drug advisory committee, which supported the addition of bupivacaine to the prohibited list, aligning with the treatment of similar substances. The amendment is expected to have a positive impact without significant costs or environmental implications. Industry stakeholders have been informed to ensure compliance, which is monitored through post-race testing of horses. Positive test results are handled by provincial racing commissions. The amendment does not increase existing compliance and enforcement requirements. [Source]

Canada Expands Sanctions on Iran for 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 continued human rights violations and threats to international peace and security. These amendments add nine individuals and one entity to the list of those subject to a broad dealings ban, which includes a deputy commander of the Islamic Revolutionary Guard Corps, members of Iran’s Morality Police, and figures in a company producing weaponized drones used by the IRGC and exported to other regions, such as for use by Russia in Ukraine. The entity added is a prison known for a high number of state executions.

The sanctions prohibit any dealings with the listed individuals and entity, including transactions, services, or providing goods. These measures are in response to Iran’s actions, such as the crackdown on protesters and the death of Mahsa Amini in custody, which sparked international condemnation. The sanctions aim to pressure Iran to change its behavior and reaffirm Canada’s commitment to holding Iran accountable.

The sanctions align with actions taken by Canada’s allies and are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency. Violations can result in significant fines or imprisonment. The amendments are part of Canada’s broader strategy, which includes designating Iran as a supporter of terrorism and limiting bilateral relations to critical issues like human rights and regional security. The sanctions are intended to support the women of Iran and other vulnerable groups facing repression by the Iranian regime. [Source]

Correction to United Nations Act Regulations: Updated Privy Council Number and Date

An error was identified in the previously published Regulations Amending Certain Regulations Made Under the United Nations Act (Miscellaneous Program). The correction involves an update to the Privy Council number and the date associated with the regulations. The original document listed the Privy Council number as P.C. 2023-316 with the date of March 9, 2023, which has now been corrected to reflect the accurate date of March 31, 2023. This erratum rectifies the mistake and ensures that the official record is accurate. [Source]

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