Part 2, Volume 157 #13
Highlights
- Canada and Austria have updated their social security agreement to reflect legislative changes and ensure mutual benefit for their nationals.
- The Canadian Beef Cattle Research, Market Development and Promotion Agency has extended the expiration date for certain levies to support its activities.
- Amendments to the Canada Labour Code will introduce a graduated notice period for employment termination based on the length of service.
- Corrections have been made to the Canadian Aviation Regulations, particularly concerning fee schedules for aeronautical product approvals.
- The Canadian Hatching Egg Producers have set a new expiration date for levies to continue their marketing plan.
- The Copyright Regulations in Canada have been updated with a new fee structure for copyright services.
- Certain amendments to family law acts in Canada will take effect to prioritize children’s interests and improve the family justice system.
- The Export Permits Regulations have been revised for clarity and to reflect modern practices.
- The Canadian Industrial Design Regulations and Integrated Circuit Topography Regulations have updated their fee structures.
- BW Gold Ltd. has been authorized to develop a mine in British Columbia, with a requirement to compensate for fish habitat destruction.
- The Canadian Intellectual Property Office is increasing most fees to address its financial deficit, with exemptions for small entities.
- The Qalipu Mi’kmaq First Nation Band Order has been updated to include additional founding members.
- New regulations have been established for the release of information to enforce family orders and agreements.
- Canada has seized a Russian-owned aircraft under economic sanctions related to the conflict in Ukraine.
- Permits may be issued under the Special Economic Measures Act for activities related to Moldova, despite sanctions.
- Additional sanctions have been imposed on Russia by Canada in response to the conflict in Ukraine.
- The Trademarks Regulations fee structure in Canada has been revised.
- Duty relief for Ukrainian goods imported into Canada has been extended to support Ukraine’s economy.
- Vaping product manufacturers in Canada are required to report sales and ingredients to the government.
- An error in the Proclamation establishing Victoria Day in Canada has been corrected.
Canada-Austria Social Security Agreement Update 2023
Canada and Austria have established an Agreement on Social Security, effective July 1, 2023, to strengthen their relationship in this field. This agreement updates previous agreements from 1987 and 1995, reflecting changes in legislation.
The agreement covers various social security benefits, including pensions and insurance, and applies to individuals who have been subject to the laws of either or both countries. It ensures equal treatment of nationals from both countries and allows for the export of benefits, with certain exceptions for Canada regarding allowances and supplements.
Employment-based provisions dictate that individuals will generally pay into the social security system of the country where they work. Special rules apply for self-employed persons, detached workers, and government employees, with the possibility of exceptions on a case-by-case basis.
For Canadians living or working in Austria, periods of coverage under the Canada Pension Plan or residence under the Old Age Security Act will be recognized by Canada as periods of residence for social security purposes. Similarly, Austria will recognize periods of residence or contributions in Canada for its social security benefits.
The agreement includes totalization provisions, allowing periods of coverage from both countries to be combined to establish benefit eligibility. It also addresses cases where periods under the legislation of a third state are involved.
For Austrian benefits, special rules for totalization and calculation are outlined, while Canadian benefits under the Old Age Security Act and the Canada Pension Plan have specific calculation methods when totalization applies.
Administrative provisions facilitate the exchange of information, mutual assistance, and medical examinations between the two countries. Personal information is protected, and there are exemptions from certain fees and authentication requirements. Communication can be conducted in either official language of the two countries.
Claims, notices, or appeals can be submitted to either country’s competent agency and will be considered as if submitted to the appropriate agency within the required time frame. Benefits will be paid in freely convertible currency, and administrative expenses will not be deducted.
The agreement includes transitional provisions to protect rights acquired under the previous agreements and specifies that it does not affect rights under Austrian legislation for those who have suffered disadvantages for political, religious, or descent-related reasons.
The agreement is of indefinite duration but can be terminated by either party with 12 months’ notice. It will continue to apply to individuals who have already acquired benefits or who apply for benefits before termination.
The agreement was signed in Vienna on July 5, 2021, and came into force following the completion of internal legal procedures by both parties. [Source]
Extension of Expiration Date for Certain Canadian Beef Levies to 2024
The Canadian Beef Cattle Research, Market Development and Promotion Agency has amended the Beef Cattle Research, Market Development and Promotion Levies Order to establish a new expiration date for certain levies. Specifically, Section 4 and subsections 5(1) and 12(1) of the order, which pertain to the levies, will cease to be effective on June 30, 2024. This amendment comes into force on the day it is registered. The National Farm Products Council has approved this amendment, confirming it is necessary for the implementation of the promotion and research plan that the Agency is authorized to implement. [Source]
Canada Labour Code Amendments Set for 2024: Enhanced Termination Notice and Benefits Statement Requirements
The Canadian government has set February 1, 2024, as the date for certain sections of the Budget Implementation Act, 2018, No. 2 to come into force, specifically amending Part III of the Canada Labour Code. These amendments will introduce a graduated notice period for individual termination of employment based on the length of an employee’s continuous service in federally regulated workplaces. Employees with up to three years of service will continue to receive a minimum of two weeks’ notice, but for those with more than three years, the notice period will increase by one week for each additional year of service, up to a maximum of eight weeks. Employers can provide either notice or pay in lieu of notice, or a combination of both.
Additionally, employers will be required to provide a statement of benefits to terminated employees, detailing their rights to vacation benefits, wages, severance pay, and other entitlements. This change aims to support workers in finding new employment by giving them more time to search for jobs and potentially requiring retraining. The amendments align federal labour standards with provincial and territorial standards, which already have similar graduated notice periods.
The longer notice period is expected to have a cost impact on employers, but they can mitigate these costs by providing notice instead of termination pay. The advance notice of the coming into force date gives stakeholders ample time to prepare for the changes. These amendments were developed following extensive consultations with academics, experts, stakeholders, and the public, which highlighted concerns about job security and the need for reasonable notice periods. Employee groups were in favor of extending the notice period and providing a benefits statement, while employers did not express concerns about these changes. [Source]
Correction to Canadian Aviation Regulations: Erratum on Aeronautical Product Approval Fees and Attribution
An erratum has been issued to correct errors in the recently published Regulations Amending the Canadian Aviation Regulations concerning Aeronautical Product Approvals. The corrections involve the deletion of an incorrect attribution to Wendy Nixon, Assistant Clerk of the Privy Council, and adjustments to the structure and content of the fee schedule.
The fee schedule has been reorganized to include a new Part II titled “Hourly Charge,” which details the maximum number of hours per year that can be billed for various certification activities related to aeronautical products. This section specifies the maximum billable hours for initial type certificates for different categories of aircraft, rotorcraft, airships, balloons, engines, propellers, and gliders. It also outlines the maximum hours for approvals of changes to existing type certificates within a specified annual period.
Additionally, the erratum introduces a “Hybrid Charge” under Part III, replacing the previously incorrect “Fixed Charge” under Part I. This hybrid charge pertains to various certification activities, including initial type certificates for products not listed in the hourly charge section, Canadian Technical Standard Order design approvals for auxiliary power units, and assistance provided by the Department of Transport in preparing certification applications. [Source]
Extension of Canadian Broiler Hatching Egg Levies Expiration Date to 2024
The Canadian Hatching Egg Producers have amended the Canadian Broiler Hatching Egg Marketing Levies Order to establish a new expiration date. The subsections specifying the levies will now cease to be effective on June 23, 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 comes into force on the day it is registered. [Source]
Updated Canadian Copyright Regulations and Fee Structure Set for 2024
The Canadian government has amended the Copyright Regulations, which will take effect on January 1, 2024. The changes include an updated Tariff of Fees for various copyright services. For online applications for copyright registration, the fee is set at $63.00, while other methods of application will cost $81.00. The same fee structure applies to applications under section 56 of the Act. Registering an assignment or license of a copyright also carries a fee of $81.00.
Requests for expedited processing of any copyright-related applications or registrations are subject to an $81.00 fee. Correcting clerical errors in the records, not made by the Copyright Office, and issuing a corrected certificate or processing related documents will cost $63.00 if done online and $81.00 otherwise.
Certified copies of documents are available, with a $44.00 fee for certification plus $1.00 per page for paper copies, or $13.00 per copyright for electronic copies. Regular copies cost $1.00 per page if made using office equipment or by the Copyright Office, and electronic copies are $13.00 per request, with additional charges for multiple copyrights or physical media.
These amendments are designed to update the fee structure for services provided by the Copyright Office. [Source]
Upcoming Amendments to Canadian Family Law Acts to Improve Child Welfare and Justice System Efficiency
The Canadian government has set November 15, 2023, as the date for certain amendments to the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, and the Garnishment, Attachment and Pension Diversion Act to come into force. These changes aim to prioritize children’s best interests, reduce child poverty, and improve the accessibility and efficiency of the family justice system.
The amendments include new definitions, the designation of provincial entities for information searches and releases, and the establishment of agreements with police forces. They also outline the application process for information release, including financial details, and set privacy safeguards for such releases. Additionally, there are provisions for the conditions and methods of information exchange between information bank directors and applicants, as well as limits on the release of financial information, which require the concurrence of the Minister of Finance.
To facilitate these changes, existing regulations will be repealed and replaced with new ones, which are necessary to implement the legislative amendments. The delay in the coming-into-force date allows for necessary updates to the federal, provincial, and territorial computer systems and for agreements to be made with each province and territory.
Consultations have been conducted with federal partners, the Canada Revenue Agency, the Department of Finance, and provincial and territorial family law officials. The amendments and new regulations have received support, and the Minister of Finance has given concurrence for the release of financial information. The Department of Justice continues to engage with stakeholders and collaborate with provincial and territorial counterparts to support families during separation and divorce and to enhance support enforcement tools. [Source]
Canadian Export Permits Regulations Updated for Precision and Modernization
The Canadian government has amended the Export Permits Regulations under the Export and Import Permits Act. The amendments address concerns from the Standing Joint Committee for the Scrutiny of Regulations regarding the precision of information required from export permit applicants and inconsistencies between English and French versions of the regulations. The changes create an exhaustive list of information that applicants must provide and correct the language discrepancy.
The regulations have also been modernized to reflect current practices and align with the New Export Controls Online System (NEXCOL). They now include separate sections detailing the information required for exporting “Strategic and Military Goods and Technology” and “Certain Forest Products.” The amendments remove outdated requirements and update terms to match current usage, such as adding email addresses and removing obsolete references to fax numbers.
The regulatory changes are administrative and do not significantly alter the export permit application process for businesses. They are designed to clarify the requirements for exporters and ensure consistency with current policies and electronic systems. The government consulted on these changes, and the feedback indicated that there would be no increased regulatory burden on the industry. The amendments are expected to have minimal cost implications for the government and no significant impact on small businesses or the administrative burden on businesses. The regulations came into force upon registration, and enforcement remains the responsibility of the Canada Border Services Agency and the Royal Canadian Mounted Police. Compliance with export controls is mandatory, and failure to obtain the necessary permits can lead to prosecution. [Source]
Upcoming Changes to Canadian Industrial Design Fee Structure
The Canadian Industrial Design Regulations have been amended, resulting in changes to the fee structure. The filing fee for an industrial design application now includes a basic fee of $567.00 and an additional fee of $14.00 for each photograph or graphic reproduction beyond the first ten. Other fees in the schedule have also been updated, with specific amounts set for various items ranging from $1.00 to $709.00. These amendments are scheduled to take effect on January 1, 2024. [Source]
Canada Updates Fee Schedule for Integrated Circuit Topography Registration
The Canadian Governor General, on the recommendation of the Minister of Industry, approved amendments to the Integrated Circuit Topography Regulations. These changes involve updating the schedule of fees associated with various actions related to the registration and management of integrated circuit topographies. The new fee schedule includes charges for filing an application, amending an application, recording a transfer of interest or license, making amendments to the register, correcting errors in a certificate of registration, and providing copies or certified copies of documents. The amended regulations are set to come into force on January 1, 2024. [Source]
Canadian Government Approves BW Gold Ltd. Mine Development with Fish Habitat Compensation Plan
The Canadian government has amended the Metal and Diamond Mining Effluent Regulations to allow BW Gold Ltd., a subsidiary of Artemis Gold Inc., to develop an open-pit gold and silver mine near Vanderhoof, British Columbia. The project will involve constructing a tailings storage facility, low-grade ore stockpiles, and waste rock and overburden stockpiles, which will result in the destruction of 24 fish-frequented water bodies, totaling 57.1 hectares of fish habitat.
To compensate for the habitat loss, BW Gold Ltd. must implement a fish habitat compensation plan (FHCP) that will create 110.7 hectares of new fish habitat, exceeding the habitat destroyed by the project. The FHCP includes measures such as restoring degraded habitats, constructing off-channel ponds, and enhancing riparian areas. The cost of implementing the FHCP is estimated at $13.7 million over a 14-year period.
The government has consulted with First Nations and the public on the project. Lhoosk’uz Dené Nation and Ulkatcho First Nation have expressed support for the amendments, while the Carrier Sekani First Nations have raised concerns about the project’s impact on their territories. The government has worked with the First Nations to address their concerns and ensure that the FHCP is appropriate and meets the principles of the Fisheries Act.
The amendments come into force upon registration, and BW Gold Ltd. will only be authorized to deposit mine waste once the FHCP is approved and all conditions are met. The government will monitor compliance with the FHCP through inspections and other enforcement activities. The overall impact of the amendments is expected to result in no net loss of fish habitat. [Source]
CIPO Fee Increase for Financial Stability and Service Improvement
The Canadian Intellectual Property Office (CIPO) is adjusting most fees by 25% to address its structural deficit and ensure financial stability. The fee increase will not apply to small entities, which are now redefined as entities with fewer than 100 employees, to limit the financial impact on small businesses. The fee increase is necessary due to factors such as inflation, increased labor costs, surges in application volumes, and the need for critical IT investments. The amendments will generate additional revenue for CIPO, with the majority of costs borne by foreign IP applicants. The changes are set to come into force on January 1, 2024, with certain technical amendments effective upon registration. The adjustments aim to maintain CIPO’s self-sufficiency and allow for service delivery improvements. Public consultations showed support for the fee increase, recognizing the need for CIPO to improve services. The amendments are not expected to significantly affect the demand for IP protection in Canada. A cost-benefit analysis indicates a net positive financial impact over a ten-year period. The changes do not align with any formal regulatory cooperation forum but are made in consideration of CIPO’s specific financial situation. The implementation will involve outreach to stakeholders and internal adjustments, with existing service standards maintained. [Source]
Expansion of Qalipu Mi’kmaq First Nation Founding Members List
The Order Amending the Qalipu Mi’kmaq First Nation Band Order updates the Founding Members list of the Qalipu Mi’kmaq First Nation to include eight additional individuals who are now eligible to be registered as Status Indians under the Indian Act. This amendment follows a reassessment process that took into account disability and Administrative Reviews, including residency criteria.
The Qalipu Mi’kmaq First Nation was established without reserve lands for the Mi’kmaq of Newfoundland following a 2006 Agreement in Principle. The initial Founding Members list included 23,877 individuals, but after a reassessment prompted by a large number of applicants and issues with the enrolment process, the list was updated to 18,575 individuals. Subsequent updates have added more members, with the current amendment bringing the total to 18,998 Founding Members.
The objective of the Order is to formally recognize the eight eligible individuals as Founding Members, allowing them to access federal programs and benefits. The amendment was made by replacing the schedule in the Recognition Order with a new list provided by the Enrolment Committee.
Consultations for the amendment were carried out with the individuals directly affected, who had been notified of their eligibility for founding membership. No further consultations were deemed necessary. The amendment does not impact any modern treaties, land claims, or self-government agreements, as the Qalipu Mi’kmaq First Nation is a landless band.
The regulatory Order is the only mechanism available to update the Founding Members list as per the Qalipu Mi’kmaq First Nation Act. The benefits of the amendment include legal recognition of the individuals as Founding Members, while the costs are related to the provision of federal programs and services to these members. There are no environmental impacts or costs to small businesses associated with the amendment.
The amendment to the Recognition Order is now in force, allowing the Indian Registrar to update the Indian Register accordingly. The eight new Founding Members will be notified and become eligible for associated federal programs, benefits, and rights. [Source]
Enhanced Regulations for Enforcing Family Orders and Agreements through Information Access
The Release of Information for Family Orders and Agreements Enforcement Assistance Regulations (SOR/2023-125) designates specific information banks that can be searched under Part I of the Family Orders and Agreements Enforcement Assistance Act to assist in the enforcement of family orders and agreements. These banks include various programs related to Old Age Security, Social Insurance Number, Canada Pension Plan, Employment Insurance, and tax assessment programs managed by Employment and Social Development Canada (ESDC) and the Canada Revenue Agency (CRA).
The regulations specify the information required in an application for the release of information, such as the applicant’s role (e.g., court official, peace officer, provincial enforcement service), the individual completing the application, and details about the person whose information is being requested, including their name, date of birth, gender, contact information, Social Insurance Number, and parents’ surnames at birth if known.
Different types of information may be released depending on the applicant and the purpose of the request. For example, court officials may receive address, employer information, and various financial details from tax returns and other CRA documents to establish or vary support provisions. Peace officers investigating child abductions can access the address and employer information of the person under investigation and the abducted child. Provincial enforcement services can obtain address, employer, and financial information, including Social Insurance Numbers, to enforce support provisions.
The regulations also outline the process for making an application, which can be sent by mail or electronic communication, and detail the specific information that can be released to various applicants, such as court officials, peace officers, provincial enforcement services, provincial child support services, and designated authorities.
Privacy safeguards are included, such as the requirement for the Minister of Justice to send a notice to individuals whose information is being released under certain circumstances. Additionally, new Memoranda of Agreement (MOAs) must be established between the federal government and provincial/territorial governments to protect the information before it is released to provincial entities.
The regulations repeal the previous Release of Information for Family Orders and Agreements Enforcement Regulations and come into force either on the day subsection 49(1) of An Act to amend the Divorce Act and other Acts comes into force or the day they are registered if that is later. Some provisions related to the release of financial information will come into force one year after subsection 49(1).
The regulations aim to streamline the process for obtaining necessary information to enforce family orders and agreements, improve access to justice, and reduce poverty for families undergoing separation and divorce by ensuring fair and accurate support amounts. Costs associated with implementing the regulations are expected to be low and absorbed through existing resources. [Source]
Canada Seizes Russian Aircraft Under Economic Sanctions Regime
The Canadian government, under the Special Economic Measures Act (SEMA), has ordered the seizure of an aircraft owned by Volga-Dnepr Airlines or Volga-Dnepr Group, which are Russian entities. This action is in response to Russia’s invasion of Ukraine, which Canada views as a grave breach of international peace and security. The aircraft is located at Lester B. Pearson International Airport in Toronto.
Canada has imposed numerous sanctions on over 1,800 individuals and entities supporting Putin’s regime. The sanctions include a ban on dealings with property held by or on behalf of listed persons. In June 2022, Canada amended SEMA and the Justice for Victims of Corrupt Foreign Officials Act (JVCFOA) to enable the government to seize, forfeit, and redistribute assets of sanctioned individuals and entities.
The seizure and forfeiture process involves two stages: a Governor-in-Council Order to seize or restrain the property, followed by an application to a provincial court for a permanent forfeiture order. The regime ensures procedural fairness, including an administrative review of the seizure order, a formal judicial process for forfeiture, and opportunities for third parties to seek relief from the court.
The seizure of the aircraft aims to impose further costs on Russia for its actions in Ukraine and to prevent those supporting the regime from benefiting from their assets. The proceeds from asset forfeiture may be used for reconstruction efforts, restoring international peace and security, or compensating victims.
Global Affairs Canada does not expect any negative impact on Canadians from the seizure or forfeiture of the aircraft. The government will absorb all costs associated with managing and disposing of the asset. The Order will not impact Canadian small businesses, and it does not impose any administrative burden on businesses.
Canada is the first G7 country to implement a legislative regime allowing for the seizure and forfeiture of assets based on economic sanctions. The initiative is supported by Canada’s allies, who are exploring similar options. The Order is not expected to have significant environmental effects or implications for gender-based analysis plus (GBA+).
The Order is effective upon registration, and Global Affairs Canada will notify the asset owner of the conditions. Compliance and enforcement mechanisms are in place as described in the SEMA. [Source]
Canada Issues Permits to Bypass Economic Sanctions on Moldova
The Governor General of Canada, upon the recommendation of the Minister of Foreign Affairs, has authorized the issuance of permits under the Special Economic Measures Act. These permits allow individuals or entities in Canada, or Canadians abroad, to engage in activities or transactions that would otherwise be restricted or prohibited by the Special Economic Measures (Moldova) Regulations. This authorization enables the Minister of Foreign Affairs to grant exceptions to the imposed economic sanctions on Moldova under specified conditions. [Source]
Canada Enacts Special Economic Measures Against Individuals and Entities in Moldova to Uphold Sovereignty and Counter Russian Influence
Canada has implemented the Special Economic Measures (Moldova) Regulations in response to the situation in Moldova, which is seen as a serious breach of international peace that could lead to an international crisis. The regulations target individuals and entities in Moldova who are believed to be undermining the country’s sovereignty or engaging in human rights violations, as well as those with close ties to Russia.
The regulations prohibit Canadians and Canadian entities from dealing with the property of, or providing services to, the listed individuals and entities. However, there are exceptions for certain obligations, such as pre-existing contracts, legal services, and transactions necessary for diplomatic functions.
The regulations require Canadian financial institutions and other entities to continuously check if they hold or control property of the listed individuals and to report any such findings to the RCMP or CSIS. Individuals or entities in Canada can apply to have their names removed from the list if they believe there has been a mistake or a change in circumstances.
The regulations align with actions taken by Canada’s allies, including the U.S. and the U.K., and aim to support Moldova’s democratically elected government, counter Russian destabilization efforts, and maintain Moldova’s sovereignty. Enforcement of the regulations will be carried out by the RCMP and the Canada Border Services Agency, with penalties for non-compliance ranging from fines to imprisonment. [Source]
Canada Imposes New Sanctions on Russian Individuals and Entities for Undermining Ukrainian Culture
The Canadian government has amended the Special Economic Measures (Ukraine) Regulations to impose additional sanctions in response to Russia’s ongoing aggression in Ukraine. These sanctions include a dealings prohibition on 24 individuals and 17 entities, effectively freezing their assets. The individuals and entities targeted are associated with Russia’s efforts to undermine Ukrainian culture, including the theft of cultural artifacts and attempts to “Russify” Ukrainian cultural identity. They also include Ukrainian collaborators and private military companies supporting Russia’s military actions.
The sanctions are part of Canada’s broader commitment to support Ukraine, which includes over $5 billion in various forms of assistance. Canada’s response aligns with international efforts by G7 and European countries to support Ukraine across multiple sectors, including military aid, economic support, and countering Russian disinformation.
The sanctions are linked to the peaceful resolution of the conflict and respect for Ukraine’s sovereignty and territorial integrity. The measures are designed to impose costs on those supporting Russia’s aggression and to condemn the destruction of Ukrainian cultural heritage.
The enforcement of these 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. The amendments are in line with actions taken by Canada’s allies and do not require public consultation due to the urgency of the situation. The impact on Canadian businesses is expected to be minimal, as the targeted individuals and entities likely have limited connections to Canada. The sanctions are also unlikely to significantly affect vulnerable groups or have important environmental effects. [Source]
Amendments to Canadian Trademarks Regulations Introduce New Fees and Changes Effective January 2024
The Canadian government has amended the Trademarks Regulations, which will take effect on January 1, 2024. The amendments include changes to the fee structure for various trademark-related services. For instance, a new fee has been introduced for anyone requesting public notice of badges, crests, emblems, marks, or armorial bearings under paragraph 9(1)(n) or (n.1) of the Act, which is set at $694.00. Additionally, there is a fee of $638.00 for the protection of a geographical indication.
Applications for trademark registration filed before the coming-into-force day and not yet registered will be subject to a new fee of $277.00, in addition to any fee already paid under the former Regulations. The schedule within the Regulations has been updated to reflect these new fees and changes to existing fees for various items, such as requests for extensions, oppositions, and registrations.
These changes are made following the authority granted by section 65 of the Trademarks Act and are detailed in the updated schedule of the Trademarks Regulations. The Regulatory Impact Analysis Statement for these amendments is provided after another set of amendments, specifically the Rules Amending the Patent Rules. [Source]
Canada Extends Duty Relief for Ukrainian Imports Until 2024 to Support Ukraine’s Economy
The Canadian government has amended the Ukraine Goods Remission Order to extend duty relief for Ukrainian goods imported into Canada until June 9, 2024, to support Ukraine’s economy amid the ongoing conflict with Russia. The relief applies to all Ukrainian goods except for over-quota supply-managed products like dairy, poultry, and eggs, which will be excluded after June 9, 2023, unless already in transit to Canada. This measure is in line with actions taken by allies such as the EU and the UK, who have also extended tariff suspensions for Ukrainian goods. The amendment aims to encourage increased exports from Ukraine to Canada and maintain predictable import levels for supply-managed goods to support domestic production planning. The expected remission of duties from June 2023 to June 2024 is about $3.2 million, which will be a transfer payment from the government to Canadian importers. The amendment also reduces administrative burdens for businesses importing Ukrainian goods by lifting certain documentation requirements. The Canada Border Services Agency will oversee compliance with the Order’s terms and conditions. [Source]
Canada’s Vaping Products Reporting Regulations for Manufacturers
The Vaping Products Reporting Regulations mandate manufacturers of vaping products in Canada to submit detailed reports on sales and ingredients to the Minister of Mental Health and Addictions and Associate Minister of Health. These regulations apply to various types of vaping products intended for retail sale, including vaping devices, parts, and substances, as well as assortments of these products. However, products authorized under the Food and Drugs Act or those included in assortments with such authorization are exempt.
Manufacturers must report sales data semi-annually, including unique product identifiers, types, brand names, package contents, and additional distinguishing information. For products containing vaping substances, details such as substance names, dominant flavors, nicotine concentrations, and volumes are required. Sales data must be broken down by province, throughout Canada, and for exports, including the number of units sold or returned, net sales values, and net volumes of vaping substances.
Additionally, manufacturers must submit an ingredients report before selling a new brand in Canada, detailing each ingredient’s common and chemical names, supplier information, and concentrations. If an ingredient consists of multiple substances, information for each must be provided. Manufacturers can have their suppliers submit this information directly to Health Canada on their behalf.
The regulations also require electronic submission of reports using specific forms provided by the Minister. In case of changes to previously reported ingredient information, manufacturers must notify Health Canada before selling the modified product.
The collected data will help Health Canada understand the vaping product market, monitor sales trends, identify ingredients in vaping substances, and inform policy development to prevent vaping from leading to tobacco use among young people and non-users. The regulations align with British Columbia’s reporting requirements and are consistent with international practices in the United States and the European Union.
The implementation of these regulations will incur costs for both the government and the vaping product manufacturers, estimated at $3.9 million over ten years. The government will absorb these costs through existing budget allocations, while manufacturers will face administrative and compliance costs related to preparing and submitting reports. The one-for-one rule applies, indicating an increase in administrative burden on businesses. Compliance with the regulations will be monitored, and enforcement measures will be taken as necessary. [Source]
Correction of Registration Date for Victoria Day Proclamation in Canada
An error was identified in the previously published Proclamation that established Victoria Day as the day to celebrate the Sovereign’s birthday in Canada. The registration date mentioned in the original document was incorrect. The correct registration date for the Proclamation is May 17, 2023, and this has been updated to reflect the accurate information. [Source]