Highlights

  • The Canada Energy Regulator is considering an application from AlbertaEx, L.P. to export electricity to the U.S. and is seeking public input.
  • The Canadian International Trade Tribunal is handling appeals on duty refunds for beer cans and the classification of fish oil capsules, has resolved a complaint against the DND, is reviewing an order on steel pipe imports, and is addressing a procurement complaint by Coady Construction.
  • The CRTC has issued decisions on broadcasting undertakings, proposed new Broadcasting Fees Regulations, and set transitional provisions for upcoming fiscal years.
  • The Bank of Canada’s financial statement shows its total assets, liabilities, and a deficit.
  • The Department of Industry has made various board and position appointments, emphasizing a merit-based, diverse selection process.
  • The Canadian government is introducing the Online News Act to ensure fair compensation for news content used by digital platforms, with the CRTC overseeing its implementation.
  • An error in the contact information for inquiries about the Canadian Aviation Regulations amendment was corrected.

Canadian Regulatory Updates on Energy Exports, Trade Appeals, and Broadcasting Fees Regulations

The Canada Energy Regulator (CER) has received an application from AlbertaEx, L.P. for authorization to export up to 2 million megawatt-hours of electricity to the U.S. annually for 10 years. AlbertaEx has interests in several Canadian energy facilities, including the Montana-Alberta Tie line, Rattlesnake Ridge Wind farm, NAT-1, and AltaLink. The CER is seeking views from interested parties on this application and has provided directions for the submission process. Submissions must be filed by a specified deadline, and AlbertaEx must respond to any submissions by a later date.

The Canadian International Trade Tribunal (CITT) has several notices. It will consider an appeal regarding the refund of duties and taxes paid on beer cans based on the recycling deposit in Michigan. Another appeal involves the classification of fish oil capsules for customs purposes. The CITT has also made a determination on a complaint by Newland Canada Corporation against the Department of National Defence (DND) for favoring a bidder in a contract award. Additionally, the CITT is initiating an expiry review of an order on carbon steel welded pipe imports and has received a complaint from Coady Construction & Excavating Limited regarding a procurement by the Department of Fisheries and Oceans (DFO).

The Canadian Radio-television and Telecommunications Commission (CRTC) has posted various decisions and orders related to broadcasting undertakings and has proposed new Broadcasting Fees Regulations. These regulations apply to all broadcasting undertakings except for certain exclusions and set out the obligations for fee returns and payment of broadcasting fees. The regulations also detail the calculation of fees and transitional provisions for the fiscal years 2024-2025 and 2025-2026. The Broadcasting Licence Fee Regulations, 1997, will be repealed, and the new regulations will come into force on April 1, 2024. [Source]

Bank of Canada Financial Update and Government Appointments Announced

The Bank of Canada’s financial statement as of July 31, 2023, shows total assets and liabilities at 357,830 million dollars. Key assets include Government of Canada bonds at amortized cost and fair value, Canada Mortgage Bonds, other bonds, and shares in the Bank for International Settlements, totaling 326,158 million dollars. Derivatives related to indemnity agreements with the Government of Canada amount to 30,560 million dollars. The liabilities section lists bank notes in circulation and various types of deposits, with total liabilities reaching 361,482 million dollars. The deficiency, including accumulated deficit and reserves, is at -3,652 million dollars.

The Department of Industry announced appointments to various boards and positions, including the Canadian Energy Regulator, Federal Court, National Security and Intelligence Review Agency, Patented Medicine Prices Review Board, and courts in Ontario and British Columbia. The Privy Council Office highlighted its commitment to a transparent, merit-based appointment process that reflects Canada’s diversity and promotes a respectful work environment. It also listed current opportunities for Governor in Council positions across various organizations, inviting applications from Canadians. [Source]

Canada’s Online News Act: Balancing Digital Platforms and News Business Compensation

The Canadian government is implementing the Online News Act to address the imbalance between digital platforms and news businesses in Canada. The Act aims to ensure that news businesses are fairly compensated for their content by digital platforms that dominate the online advertising market. The Act introduces a bargaining regime that supports voluntary commercial agreements and establishes a mandatory arbitration framework as a last resort.

The proposed regulations under the Act provide criteria for digital platforms to determine if the Act applies to them, specify a 30-day timeframe for platforms to notify the CRTC of their applicability, and outline how platforms can qualify for an exemption from mandatory bargaining. The regulations aim to include the largest and most prominent digital operators that have a significant bargaining power imbalance with news businesses.

The Act was developed in response to the decline in advertising revenues for Canadian news businesses and the dominance of a few digital platforms in the online advertising market. It follows international developments and recommendations from various committees and reports that highlighted the need for government action to support the news sector.

The regulatory framework under the Act is designed to capture digital platforms with global revenues of over $1 billion, operating in strategic markets with significant Canadian traffic. It also provides guidance on fair compensation, investment in news content production, upholding journalistic independence, and contributing to the sustainability of the Canadian news marketplace. The framework encourages diversity by ensuring agreements with news businesses reflect Canada’s linguistic, cultural, and demographic diversity.

The CRTC will oversee the implementation and enforcement of the Act, with the power to issue notices of violation and revoke exemption orders if necessary. The proposed regulations will be open for public comment, and stakeholders are encouraged to provide feedback to refine the regulatory text. The regulations are expected to have a low cost for platforms and the CRTC, and they aim to benefit news businesses and promote diversity within the news sector. The Act and its regulations are consistent with Canada’s international commitments and are modeled after similar international approaches, such as Australia’s News Media Bargaining Code. [Source]

Correction of Contact Information for Canadian RPAS BVLOS Regulations Inquiry

An error was identified in the regulatory impact analysis statement for the Regulations Amending the Canadian Aviation Regulations, specifically concerning Remotely Piloted Aircraft Systems (RPAS) – Beyond Visual Line-of-Sight (BVLOS) and other operations. The mistake was in the “Contact” section where the email address provided was incorrect. The correct email address for inquiries or further information regarding these regulations should be TC.RPASRegulations-ReglementsSATP.TC@tc.gc.ca. The Department of Transport is the sponsoring department for these amendments, which fall under the authority of the Aeronautics Act. [Source]

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