Highlights

  • Canadian Aviation Regulations updated to reflect true costs of aeronautical product reviews, increasing cost recovery and shifting financial responsibility from taxpayers to service beneficiaries.
  • Canadian Hatching Egg Producers set new broiler hatching egg limits for trade within Canada.
  • Safety standards for carriages and strollers in Canada enhanced to align with international standards and address emerging hazards.
  • Chicken Farmers of Canada Proclamation updated to reflect current organizational names and definitions.
  • Schedule VI of the Controlled Drugs and Substances Act amended to include substances related to fentanyl production.
  • Department of Transport regulations corrected for administrative and technical issues across various shipping and safety regulations.
  • Madawaska Maliseet First Nation opts for community-based council elections, enhancing governance autonomy.
  • Pinaymootang First Nation switches to the First Nations Elections Act for council elections, aiming for more stable governance.
  • Immigration and Refugee Protection Regulations extended eTA eligibility to certain low-risk travelers from additional countries.
  • Pest Control Products Regulations clarified to detail compensation process for data holders during post-market product reviews.
  • Precursor Control Regulations amended to include novel fentanyl precursors, addressing illegal drug production.
  • Special Economic Measures (Russia) Regulations updated to impose sanctions on Russian individuals and entities involved in human rights abuses.
  • Tobacco and Vaping Products Act amended to update health-related messages and packaging requirements for tobacco products.
  • Wildlife Area Regulations amended to remove a unit from Prairie National Wildlife Area, facilitating land exchange for conservation purposes.

Canadian Aviation Regulations Update Aeronautical Product Approval Charges

The Canadian Aviation Regulations have been amended to update the charges related to the approval of aeronautical products. These changes include increasing the hourly charge from $40 to $105, adjusting fixed charges, and introducing a new hybrid charge structure. The hybrid charge involves a fixed fee for the first 300 hours of service per project, after which an hourly rate applies if the threshold is exceeded. The amendments also allow for the recovery of travel and overtime expenses within Canada under specific circumstances.

The updated charges aim to reflect the true cost of aeronautical product reviews and approvals, shifting a greater portion of the costs from Canadian taxpayers to the beneficiaries of these services. The amendments are expected to increase the cost recovery rate from approximately 4% to 22%. The total incremental cost to the domestic aerospace industry over a 10-year period is estimated at $22.51 million, while costs recovered from foreign industries are considered a net benefit to Canada.

The one-for-one rule does not apply as there is no change in administrative burden, and the small business lens applies due to the impact on Canadian small businesses, with expected costs of $3.34 million. The amendments are not related to any formal regulatory cooperation forum and are not aligned with the fee structures of other Civil Aviation Authorities, such as the FAA, which does not charge for similar services.

The new fees will come into force on June 21, 2023, and service standards have been reviewed and updated accordingly. Compliance will be enforced through invoicing and potential court action for non-payment. The amendments are not expected to have differential impacts based on identity factors and do not require a strategic environmental assessment. [Source]

Canadian Hatching Egg Producers Update Quota Regulations for 2023 and 2024

The Canadian Hatching Egg Producers (CHEP) have amended their Quota Regulations to establish revised limits for broiler hatching eggs for the year 2023 and set initial limits for the year 2024 for provinces involved in interprovincial and intraprovincial trade. These amendments are made under the authority of the Farm Products Agencies Act and the Canadian Hatching Egg Producers Proclamation. The National Farm Products Council has approved these changes, confirming they are necessary for the implementation of the marketing plan that CHEP is authorized to implement. The new limits specify the number of broiler hatching eggs for each signatory province, with no eggs allocated for export trade. The amendments come into force on the day of registration, except for the 2024 limits, which take effect on January 1, 2024. [Source]

Canada Updates Carriage and Stroller Safety Regulations to Align with International Standards

The Canadian government has enacted new Carriages and Strollers Regulations to improve safety standards and address hazards that have emerged since the original regulations were established in 1985. The updated regulations align with international standards by incorporating mechanical requirements from ASTM F833 and ISO 31110, with certain sections excluded. These standards are incorporated by ambulatory reference, meaning they will automatically update within the regulations as they are amended over time.

Manufacturers and importers are given a 180-day period to comply with new versions of the standards, while a 365-day period is provided for the advertising and sale of products. The regulations also specify prohibited substances, such as carbon tetrachloride and benzene, and set limits on toxic substances and phthalates to prevent ingestion, inhalation, or skin absorption by children.

Surface coating materials on accessible parts of carriages and strollers must meet specified limits for lead, mercury, and other harmful elements. Additionally, the regulations outline requirements for information and warnings that must be displayed on the products and their packaging, including assembly instructions, usage precautions, and warnings about potential hazards like choking or falling.

A transitional provision allows products compliant with the previous regulations to be manufactured, imported, advertised, or sold for 180 days after the new regulations come into force. The repealed regulations are replaced by these new regulations, which take effect upon publication. The government expects the updated regulations to reduce injuries related to carriage and stroller use and to decrease industry costs by standardizing North American market testing requirements. Compliance and enforcement will follow Health Canada’s established procedures. [Source]

Amendments to the Chicken Farmers of Canada Proclamation Update Definitions and Quota System Regulations

The Chicken Farmers of Canada Proclamation has been amended by a new proclamation. The changes include the removal of the definition of the Canadian Restaurant and Food Service Association and the updating of the definition of “chicken” to mean any part of a chicken produced and marketed in Canada for interprovincial or export trade. The names of the commodity boards for Quebec, New Brunswick, Prince Edward Island, and Newfoundland and Labrador have been updated to reflect their current titles. Restaurants Canada, established by letters patent in 1944, is now defined within the proclamation, and it has the authority to appoint a member to the Chicken Farmers of Canada (CFC) who is experienced in the business of supplying prepared foods to consumers.

The quota system definition has been revised to specify how quotas are allotted by the CFC to producers in non-signatory territories and by the appropriate boards to producers in signatory provinces. Changes to the definitions of various provincial boards have been made, including those for Manitoba, British Columbia, and Newfoundland and Labrador, as well as a correction to the English version for the Saskatchewan board.

The section regarding the repeal of Section 9 has been removed, and a new section has been added stating that any licence fees, levies, or charges imposed by the CFC that remain unpaid after 30 days become a debt payable to the CFC. [Source]

Canada Amends Controlled Substances Act to Include Fentanyl Precursors

The Canadian government has amended Schedule VI to the Controlled Drugs and Substances Act to include specific substances related to the production of fentanyl. The amendment replaces item 30 of Part 1 of Schedule VI with a new entry that lists N-Phenyl-4-piperidinamine, its salts, derivatives, analogues, and the salts of these derivatives and analogues. Four specific compounds are detailed under this entry, including various anilino-piperidine substances with tert-butyl carboxylate groups and substitutions at the 4-position of the phenyl ring, such as fluorine or bromine. This amendment is set to take effect on August 30, 2023, and is made in the interest of public health and safety to address concerns related to novel fentanyl precursors. [Source]

Canadian Government Updates Maritime Regulations for Safety and Clarity

The Canadian government has enacted amendments to various Department of Transport regulations to address administrative and technical issues. These changes involve the Arctic Shipping Safety and Pollution Prevention Regulations, Load Line Regulations, Navigation Safety Regulations, 2020, and Collision Regulations.

For the Arctic Shipping Safety and Pollution Prevention Regulations, corrections have been made to ship classification names to align with current notations used by the American Bureau of Shipping (ABS) and other classification societies. A description of a classification has been added for clarity, specifying that Type E vessels include those without assigned ice strengthening.

The Load Line Regulations have been amended to remove a reference to a non-existent subsection, correcting a minor drafting error.

The Navigation Safety Regulations, 2020 have been updated to correct drafting errors, including the addition of a comma for clarity in the French version and reinstating a reference to subsection 204(1) regarding VHF radio installation capable of digital selective calling (DSC).

The Collision Regulations have been updated to replace references to “Notice(s) to Shipping” with “Navigational Warnings,” reflecting the official warnings used by the Canadian Coast Guard since January 2019. Additionally, the term “Sailing Directions” has been updated to “Canadian Sailing Directions” to match the Department of Fisheries and Oceans’ official publication name change.

The Special-purpose Vessels Regulations have been amended to align the English and French versions, improve clarity, and address issues identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

These technical and administrative amendments are not expected to impose any additional costs on stakeholders and are designed to improve clarity and consistency in the regulations. They come into force on the day of their publication in the Canada Gazette, Part II. [Source]

Madawaska Maliseet First Nation Adopts Custom Election Code for Council Elections

The Madawaska Maliseet First Nation in New Brunswick has decided to opt out of the First Nations Elections Act and conduct its council elections based on its own community election code. This decision was made following a council resolution and a community vote, where a majority supported the change. The community’s election code, which includes amendment procedures, has been published online and in the First Nations Gazette. The Minister of Indigenous Services has issued an order to remove the First Nation from the schedule to the First Nations Elections Act, allowing the community to hold elections under its custom code, with the first such election scheduled for July 21, 2023.

The change was made without the need for additional consultations since the First Nation had already engaged with its members. The initiative is expected to enhance the community’s governance autonomy and better address its needs. There are no costs associated with this change for the Canadian government, as the First Nation will now manage its electoral process independently. The initiative aligns with the principles of self-determination and supports the inclusion of diverse voices in governance, including women, youth, and elders. The Department of Indigenous Services will record election results but will not be involved in the election process or in resolving disputes, which will be handled according to the community’s election code or through the courts. [Source]

Pinaymootang First Nation Council to Hold Elections Under First Nations Elections Act in October 2023

The Pinaymootang First Nation council has passed a resolution requesting to be added to the schedule of the First Nations Elections Act. In response, the Minister of Indigenous Services has issued an order to include the Pinaymootang First Nation in the schedule. Consequently, the first election for the council of the Pinaymootang First Nation under this Act is set for October 31, 2023. This order will take effect on the day it is registered. [Source]

Canada Expands eTA Eligibility to More Countries and Introduces Mass Cancellation Mechanism

Canada has amended its Immigration and Refugee Protection Regulations to extend the eligibility for an Electronic Travel Authorization (eTA) to certain lower-risk air travelers from 13 additional countries. These travelers can now apply for an eTA instead of a visa if they have held a Canadian visitor visa in the past 10 years or currently hold a valid U.S. visitor visa. The amendment also introduces a mechanism to cancel eTAs en masse if a visa requirement is reimposed on a country whose citizens previously enjoyed extended eTA eligibility. Additionally, outdated provisions related to Romanian travelers with non-electronic passports have been removed from the regulations.

The changes aim to streamline entry for low-risk travelers, allowing Canadian visa officers to focus on more complex cases and reallocating resources more efficiently. The amendments are expected to increase tourism and economic benefits for Canada by making it easier for eligible travelers to visit. The cost-benefit analysis estimates a net benefit of approximately $139.6 million over a 10-year period, with minimal costs to the government and the air industry. The initiative is also expected to strengthen bilateral relationships and provide easier access for business travelers and visitors to family and friends in Canada.

The new regulations will come into force in June 2023, and the government has engaged with various stakeholders, including the air industry and U.S. authorities, to ensure smooth implementation. Performance of the program will be monitored to assess risks and benefits and to determine if future amendments are necessary. [Source]

Pinaymootang First Nation Adopts First Nations Elections Act for Governance

The Pinaymootang First Nation in Manitoba has decided to change the way it selects its Chief and Council. Previously, elections were held under the Indian Act, but the First Nation has requested to switch to the First Nations Elections Act. This change was formalized through a council resolution on March 17, 2023, and the Minister of Indigenous Services has agreed that it is in the best interest of the First Nation’s governance.

As a result, two orders have been made: one to remove the Pinaymootang First Nation from the Indian Bands Council Elections Order, and another to add it to the schedule of the First Nations Elections Act. The first election under the new system is set for October 31, 2023.

The Pinaymootang First Nation conducted consultations with community members before making this decision. The change is expected to bring several benefits, including cost savings from holding elections every four years instead of every two, and the potential for more stable and effective long-term governance. There are no costs associated with this change for the government or small businesses, and it does not have any environmental impact.

The First Nations Elections Act is seen as a step towards self-determination for First Nations, allowing them to have more control over their governance and potentially restoring traditional leadership roles, including those of women, youth, and elders. The act also aims to improve the legitimacy of elected leaders and attract investments to the community. The transition away from the Indian Act is part of a broader effort to respect the culture and traditions of individual First Nations communities. [Source]

Clarification of Compensation Rules for Pest Control Product Data in Canada

The Canadian government has amended the Pest Control Products Regulations to clarify the process for compensating data holders during post-market reviews of pest control products, such as re-evaluations and special reviews. The amendments define terms such as “exclusive rights,” “data holder,” and “compensable data,” and outline the conditions under which applicants can use or rely on test data from other registrants, including the requirement to pay compensation.

The amendments establish a clear process for negotiating and determining compensation, including the possibility of binding arbitration if parties cannot reach a settlement. They also specify the conditions under which foreign test data can be considered compensable, requiring data holders to provide evidence that the data was submitted to or requested by a foreign regulatory authority and considered in support of their evaluation or review.

The amendments aim to balance the encouragement of innovation with timely access to competitively priced generic pesticides. They are consistent with international commitments under agreements like CUSMA, CETA, and TRIPS, which require protection of regulatory test data from unfair commercial use.

The changes include transitional provisions for applications and reviews in progress at the time of the amendments’ coming into force. The amendments are expected to provide clarity and certainty for the industry, potentially reducing costs for PMRA and benefiting data holders through compensation for their data. The one-for-one rule applies, with a minimal increase in administrative burden on businesses. Compliance with the amended regulations will be enforced through Health Canada’s established mechanisms. [Source]

Canada Amends Regulations to Permanently Control Novel Fentanyl Precursors

The Canadian government has amended the Precursor Control Regulations to include novel fentanyl precursors, specifically derivatives and analogues of N-Phenyl-4-piperidinamine (4-AP) and their salts, to Schedule VI of the Controlled Drugs and Substances Act (CDSA) and the Precursor Control Regulations (PCR). This action is in response to evidence that these substances are being imported into Canada and used illegally to produce fentanyl and its analogues. Previously, these substances were temporarily controlled under a Ministerial Order set to expire on August 30, 2023. Without permanent scheduling, law enforcement would lose the authority to regulate their importation, distribution, and use.

The opioid crisis in Canada has been significantly driven by fentanyl and its analogues, with a high percentage of opioid toxicity deaths involving these substances. The amendment aims to mitigate the production and supply of toxic illegal drugs and support the government’s efforts to address the overdose crisis.

The amendment expands the existing listing of 4-AP to include its derivatives, analogues, and salts, with a maximum quantity of “0” indicated, meaning that an end-use declaration is required for any sale and additional documentation is needed for shipments. The amendment also aligns with Canada’s international obligations under the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

Consultations with law enforcement and other stakeholders revealed no opposition to the long-term scheduling of these substances. The amendments are not expected to impact legitimate industries or businesses, as no known legitimate uses for these substances have been identified in Canada. Researchers may incur minimal costs for compliance, and government organizations may face small administrative costs. The amendments are not expected to have significant environmental effects or disproportionate impacts on any specific groups.

The amendments will come into force on August 30, 2023, to ensure continuity of control following the expiration of the temporary Ministerial Order. Health Canada will oversee compliance and enforcement, with penalties for contraventions including imprisonment for up to 10 years. [Source]

Canada Expands Sanctions on Russia for Deportation of Ukrainian Children

Canada has amended its Special Economic Measures (Russia) Regulations to impose sanctions on additional Russian individuals and entities in response to the forced deportation of Ukrainian children to Russia. These sanctions include a broad dealings ban on 30 individuals and 8 entities believed to be involved in human rights abuses and the illegal transfer of minors from occupied Ukrainian territories to Russia. The sanctions aim to impose economic costs on Russia, undermine its military aggression in Ukraine, and align Canada with international partners’ measures. The sanctions are part of Canada’s broader response to the conflict, which includes over Can$5 billion in assistance to Ukraine, military aid, and support for Ukrainian refugees. Canadian banks and financial institutions are required to comply with the sanctions, which may result in minor compliance costs. The enforcement of these sanctions falls under the Royal Canadian Mounted Police and the Canada Border Services Agency, with penalties for non-compliance ranging from fines to imprisonment. [Source]

Canada Expands Sanctions on Russia, Targeting Military Services and Kremlin Elite

Canada has amended its Special Economic Measures (Russia) Regulations to impose additional sanctions in response to Russia’s ongoing military actions in Ukraine. These amendments add 17 individuals and 18 entities to the list of those subject to a dealings ban, targeting senior management of Russian companies providing military services, family members of previously listed persons, Kremlin elite, and military technology companies. The sanctions are part of a coordinated international effort to apply economic pressure on Russia, aiming to undermine its military capabilities and aggression in Ukraine. The sanctions are linked to the peaceful resolution of the conflict and respect for Ukraine’s sovereignty and territorial integrity. Canada’s response includes over Can$5 billion in assistance to Ukraine, encompassing military aid, economic support, and humanitarian assistance. The sanctions are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency, with penalties for non-compliance including fines and imprisonment. The measures align with actions taken by Canada’s allies and are part of a broader international response to support Ukraine and counter Russian aggression. [Source]

Changes to Additive Regulations in Tobacco and Vaping Products Act

The Order Amending Schedule 1 to the Tobacco and Vaping Products Act introduces several changes to the list of additives in tobacco products. Firstly, the term “flavouring agents” has been updated to “flavourings,” and the reference to “GRAS 24” has been changed to “GRAS 29.” Additionally, the use of coloring agents is now more restricted, with the exclusion of those used for specific purposes such as whitening filters, tipping paper, or imitating cork patterns, except for certain color applications like whitening or rendering the color drab brown (Pantone 448) for plug wrap paper, filters, tipping paper, mouthpieces, or tips. The reference to the color “Pantone 448 C” has been standardized to “Pantone 448” across various items. These amendments will take effect on August 1, 2023. [Source]

Enhanced Tobacco Product Health Warnings and Packaging Regulations in Canada

Canada has amended its tobacco product regulations to enhance public awareness of the health hazards associated with tobacco use and to prevent inducements to use tobacco products. The changes include updating and standardizing health-related messages on all tobacco product packaging and introducing a rotation scheme for these messages. Health warnings (HW) must now cover at least 75% of the main display area on most tobacco product packages, and health information messages (HIM) have a new placement on cigarette packages to improve visibility. Additionally, health warnings are now required directly on individual cigarettes, little cigars with tipping paper, and tubes.

The regulations also incorporate a document entitled Labelling Elements for Tobacco Products, which can be amended over time without changing the regulations themselves, allowing for timely updates to health-related messages. This approach aims to keep the messages effective and relevant by reflecting the latest scientific evidence.

A transition period is provided for manufacturers and retailers to comply with the new requirements, with varying deadlines for different aspects of the regulations. The changes are expected to contribute to the broader goal of reducing tobacco use in Canada and are in line with Canada’s obligations under the World Health Organization Framework Convention on Tobacco Control (FCTC). The regulations are anticipated to result in long-term public health benefits, including reduced tobacco-related morbidity and mortality. Costs associated with the regulations are estimated at $214 million over ten years, with a break-even analysis suggesting that even a small reduction in smoking initiation or increase in cessation rates would offset these costs. The small business lens applies, and the one-for-one rule counts this as a reduction of two regulatory titles. Compliance and enforcement strategies will be consistent with the Tobacco and Vaping Products Act. [Source]

Canadian Government Delists Unit 10 from Prairie National Wildlife Area for Land Exchange with Conservation Benefits

The Canadian government has amended the Wildlife Area Regulations to remove a 160-acre unit, known as unit 10, from the Prairie National Wildlife Area (NWA) in Saskatchewan. This unit, which has been used for cattle operations since 1956 and contains infrastructure such as a modular home and barn, was mistakenly included in the Prairie NWA when it was established in 1979. It does not meet the criteria for NWA designation due to its low conservation value.

The current occupier of unit 10, who has been using the land for cattle grazing under a valid NWA permit, owns an adjacent parcel of high conservation value land that contains critical habitat for the threatened Sprague’s Pipit songbird. The occupier is willing to exchange this high-value grassland parcel for unit 10. The exchange can only proceed after unit 10 is officially delisted from the Wildlife Area Regulations.

The government’s decision to delist unit 10 is part of a broader initiative to optimize the management of NWA lands by focusing on areas with high conservation value. This aligns with Canada’s commitment to expand its network of NWAs and protect biodiversity, as outlined in Budget 2018, the 2019 and 2020 Speeches from the Throne, and Budget 2021.

Consultations were conducted with Indigenous groups in the area, including those within Treaty 4 territory, to discuss the proposed changes. The feedback received was either neutral or sought more information, with no specific concerns raised about the delisting of unit 10.

The regulatory change is expected to save the occupier of unit 10 approximately $3,110 in grazing permit costs over ten years, and the government will save around $880 in administrative costs over the same period. The delisting of unit 10 is not anticipated to have any negative environmental impacts or costs to businesses, consumers, or the public.

The amendment is not expected to have implications for modern treaties or Indigenous rights, as it does not directly affect any treaty or constitutional rights. The small business lens applies, indicating a reduction in administrative costs for the affected small business. The one-for-one rule also applies, showing a reduction in administrative burden for the occupier of unit 10.

The amendment came into force upon registration, and the government will no longer administer unit 10 as part of the NWA, leading to a slight reduction in compliance and enforcement costs. [Source]

Source