Part 1, Volume 157 #39
Highlights
- Teck Metals Ltd. seeks authorization to export electricity to the U.S., with a public call for comments on the potential impact and terms offered to Canadian buyers.
- The CITT is reviewing classification disputes involving upholstered furniture and child carrier backpacks, and assessing the impact of Chinese steel casing imports on the domestic market.
- The CRTC has issued decisions on broadcasting undertakings, including Radio Boréale and CBC.
- A CRA employee has been authorized to run for federal office in Ottawa Centre.
- Health Canada proposes drinking water guidelines for iron and indoor air quality guidelines for benzene to protect public health.
- Conditions for mobile services in the TTC subway system have been decided by Innovation, Science and Economic Development Canada.
- The Privy Council Office announces open Governor in Council positions, promoting a merit-based, diverse selection process.
- Indemnity National Insurance Company from the U.S. plans to operate in Canada, insuring various risks.
- New regulations for land use in national parks are set to replace outdated ones, enhancing the permit process and compliance measures.
- Canada proposes regulatory amendments to align with the Basel Convention, controlling e-waste movement and prohibiting hazardous waste exports to developing countries, with industry and government facing increased costs.
Canadian Regulatory Updates on Energy Export, Trade Appeals, Broadcasting Decisions, and Public Service Election Participation
Teck Metals Ltd. has applied to the Canada Energy Regulator for authorization to export up to 3 million MWh of electricity to the U.S. annually for 10 years. The company has interests in several generation and transmission facilities in British Columbia. Interested parties are invited to submit their views on the application, particularly regarding the impact of the export on other provinces and whether Canadian buyers have been offered the electricity on favorable terms. Submissions are due by October 26, 2023, with any responses from the applicant due by November 10, 2023.
The Canadian International Trade Tribunal (CITT) is considering an appeal by Patrick Morin Inc. regarding the classification of upholstered furniture and whether it falls under a previous finding related to goods from China and Vietnam. The CITT will also hold a public hearing for Thule Canada Inc.’s appeal on the classification of child carrier backpacks. Additionally, the CITT has initiated an expiry review of an order on seamless carbon or alloy steel oil and gas well casing from China to determine if its expiry will result in continued dumping or subsidizing that could harm the domestic industry.
The Canadian Radio-television and Telecommunications Commission (CRTC) has posted decisions regarding various broadcasting undertakings across Canada, including decisions on Radio Boréale and the Canadian Broadcasting Corporation.
The Public Service Commission has granted Marc Trudel, a Junior Program Officer at the Canada Revenue Agency, permission to seek nomination and be a candidate in the federal election for Ottawa Centre, Ontario, before the expected election date of October 20, 2025. He has also been granted a leave of absence without pay for the election period. [Source]
Canadian Health and Safety Updates: Drinking Water Iron Guidelines and Indoor Air Quality Benzene Standards
The Department of Health under the Canadian Environmental Protection Act, 1999, has proposed Guidelines for Canadian Drinking Water Quality specifically for iron. An aesthetic objective (AO) of ≤ 0.1 mg/L for total iron in drinking water is suggested to minimize discolored water and improve taste, as well as consumer confidence in water quality. Iron is essential for human health, but high levels can cause gastrointestinal distress. The guideline considers the ability to measure and remove iron from water supplies, with various effective municipal and residential treatment technologies available. Water utilities are recommended to develop management plans to minimize iron release in distribution systems.
Additionally, the Department of Health has proposed Residential Indoor Air Quality Guidelines for Benzene, aiming to protect against health risks from exposure. Benzene, a volatile organic compound, is found at higher levels indoors than outdoors, with sources including smoking, attached garages, and the storage of gasoline and solvents. The proposed long-term guideline value is 0.6 μg/m3. Benzene is a known human carcinogen and can cause leukemia and other health issues. Risk management recommendations include improving ventilation and controlling indoor sources to reduce exposure.
Innovation, Science and Economic Development Canada has released a decision document on conditions of license for providing commercial mobile services within the Toronto Transit Commission (TTC) subway system.
The Privy Council Office has announced various appointment opportunities for Governor in Council positions across different organizations, emphasizing a merit-based, transparent process that reflects Canada’s diversity. The aim is to create a respectful and harassment-free work environment. [Source]
Indemnity National Insurance Company Seeks Entry into Canadian Market
Indemnity National Insurance Company, based in Mississippi, USA, plans to apply for permission to operate in Canada, intending to insure property, casualty, and surety risks. The application will be filed with the Superintendent of Financial Institutions after October 30, 2023. Upon approval, the company will operate under its English and French names and establish its Canadian chief agency in Toronto, Ontario. [Source]
Modernizing Canada’s National Parks Land Use Regulations
The National Parks of Canada Land Use Planning Regulations aim to establish a modern regulatory framework for land use and construction projects in national parks, replacing outdated 1960s regulations. The new regulations will provide a consistent, transparent, and predictable process for permit applications and approvals, strengthen inspection and compliance tools, and set consultation requirements. They will also introduce exceptions for minor projects and allow for flexibility in addressing local land use issues.
Parks Canada will have the authority to issue permits with conditions for projects that conform to regulatory requirements. The regulations will also broaden inspection powers, enforce property standards, and set limits on development, particularly for cottages.
The proposed regulations will require public and Indigenous consultation for significant projects, and compliance orders and administrative penalties will be introduced for violations. Minor administrative amendments will be made to other existing regulations to align with the new framework.
Consultations have been conducted with the public and Indigenous communities, with general support for the proposed approach. Concerns raised about implementation and staff capacity are being addressed through a service delivery review.
The regulations will come into force on the day they are registered, and existing permits and land use agreements will continue to be valid under the new framework. The regulations will not apply retroactively to existing structures or uses that complied with the former regulations before the new ones came into force. [Source]
Canada Proposes Regulatory Amendments for E-Waste Management and Export Restrictions
The Canadian government is proposing regulatory amendments to align with the United Nations Basel Convention amendments, which will control the transboundary movement of all electrical and electronic waste (e-waste), including non-hazardous e-waste, to ensure its environmentally sound management. These changes are necessary for Canada to comply with the Convention amendments before they take effect on January 1, 2025.
Additionally, to mitigate environmental and human health risks and to fulfill international obligations, the amendments aim to prohibit the export of most hazardous waste (HW) and hazardous recyclable materials (HRM) to developing countries. The amendments also seek to clarify regulatory text regarding when a permit is required for transboundary movements and what constitutes waste.
The current regulations, which came into force on October 31, 2021, replaced three previous regulations and are designed to ensure that HW and HRM shipments reach their intended destinations, reducing the risk of environmental contamination. The regulations also help Canada meet its obligations under the Basel Convention, the OECD Decision, and the Canada-U.S. Agreement concerning hazardous waste.
The proposed amendments would require permits for the transboundary movement of e-waste that does not contain circuit boards or display devices. They would also maintain controls on e-waste movement within Canada. The prohibition on exporting most HW and HRM to non-OECD countries is intended to align with the Basel Convention’s Ban Amendment, which aims to protect developing countries from environmental harm due to mismanaged waste.
Consultations with industry stakeholders, associations, and environmental non-governmental organizations have been conducted, with general support for the amendments. However, concerns were raised about the impact on the recycling sector and the administrative burden of new controls on e-waste. The government has responded by maintaining certain exclusions to support recycling programs and by considering the feedback for future regulatory reviews.
The proposed amendments are expected to increase costs for industry and the government, with industry incurring costs related to compliance and administrative tasks, and the government incurring costs for processing additional permit applications and enforcement activities. The total estimated cost over a 10-year period is $1,433,200.
The amendments are expected to provide environmental benefits by ensuring that e-waste is managed in an environmentally sound manner and by minimizing potential damages from mismanaged waste. The small business lens has been applied, with the recognition that the majority of companies regulated under the current regulations are small businesses. The one-for-one rule applies, indicating an increase in administrative burden on businesses due to the new controls on e-waste.
The proposed amendments are in line with Canada’s international commitments and the Federal Sustainable Development Strategy. They are set to come into force on January 1, 2025, with compliance promotion materials and activities planned to inform stakeholders of the changes. Enforcement will follow the compliance and enforcement policy for the Canadian Environmental Protection Act, 1999. Service standards for issuing permits will not be affected by the proposed amendments. [Source]