Highlights

  • The CRA intends to revoke the charitable status of two organizations due to non-compliance with the Income Tax Act.
  • The CITT will hold a hearing to resolve a classification dispute over JPAQ polypropylene cases.
  • Parks Canada has identified critical habitat for the American Badger jeffersonii subspecies, which will receive legal protection.
  • The Privy Council Office is seeking diverse candidates for various Governor in Council positions.
  • The Treasury Board Secretariat is reviewing regulations to improve supply chains and invites public input.
  • Alan CA Inc. seeks to become a federally regulated life insurance company.
  • The Canadian Transit Company will hold its annual shareholders’ meeting to elect directors and discuss business matters.
  • Central 1 Trust Company is designated for service of enforcement notices for support orders across Canada.
  • Proposed amendments to immigration regulations aim to streamline the removal order process for certain inadmissibility cases.
  • The government is amending the Pay Equity Regulations to clarify and enforce equal pay provisions in federally regulated workplaces.
  • Proposed regulations aim to mitigate environmental and health risks by restricting products with toxic substances like coal tars, PAHs, and 2-BE.

CRA to Revoke Charitable Status of Two Organizations, CITT Hearing for Tweed Inc., and Critical Habitat Protection for American Badger in Kootenay National Park

The Canada Revenue Agency (CRA) has announced its intention to revoke the charitable status of two organizations. The first, Single Mothers in Progress in Toronto, Ontario, is facing revocation due to non-compliance with paragraphs 168(1)(b), (c), and (e) of the Income Tax Act. The second notice addresses two charities, Foyer Le Passage in Venise-en-Québec and Fondation Miserere 2000 in Mascouche, both in Quebec, for failing to meet the requirements of paragraphs 168(1)(b) and (d), and subsection 149.1(4) of the Act. The revocations will take effect upon publication of these notices in the Canada Gazette.

The Canadian International Trade Tribunal (CITT) will conduct a public hearing via videoconference to consider an appeal by Tweed Inc. against the Canada Border Services Agency’s classification of JPAQ polypropylene cases. The dispute centers on whether the cases should be classified under tariff item 3924.90.00 as “other household articles of plastics” or under 3923.10.00 as “other articles for the conveyance or packing of goods of plastics.” The hearing is scheduled for December 19, 2023.

Parks Canada Agency has provided a description of the critical habitat for the American Badger jeffersonii subspecies, Western and Eastern populations, within Kootenay National Park of Canada. The species, listed on Schedule 1 of the Species at Risk Act, is found in specific regions of British Columbia and is associated with grassland and open forest ecosystems. The Recovery Strategy for the species identifies critical habitat areas, and pursuant to subsection 58(2) of the Species at Risk Act, protections under subsection 58(1) will apply to these habitats within Kootenay National Park 90 days after the publication of this notice. [Source]

Canada Seeks Diverse Candidates for Government Roles and Reviews Supply Chain Regulations

The Privy Council Office of Canada is seeking applications for various Governor in Council positions to ensure government decision-makers reflect the nation’s diversity. The appointment process is transparent, merit-based, and aims for gender parity and representation of Indigenous peoples and minority groups. Appointees are expected to foster a respectful and harassment-free workplace. Open positions include roles in organizations such as the Asia-Pacific Foundation of Canada, Bank of Canada, Business Development Bank of Canada, and many others, each with a specified closing date for applications.

The Treasury Board Secretariat is conducting a third round of Targeted Regulatory Reviews, focusing on a Supply Chain Regulatory Review to enhance the movement of commodities and goods within Canada and across borders. This review will focus on border operations, critical minerals, and transportation, but is open to other supply chain-related input. Canadians are invited to share their views on the TBS’ Let’s Talk Federal Regulations platform or via email by January 15, 2024. Submissions will be made public unless confidentiality is requested. The feedback will inform a Supply Chain Regulatory Roadmap and a summary of responses will be posted online. [Source]

Corporate Announcements: Alan CA Inc.’s Continuance, Canadian Transit Company Meeting, and Central 1 Trust Company Designation

Alan CA Inc., currently incorporated under Ontario’s laws, plans to apply for continuance as a life insurance company under the federal Insurance Companies Act (Canada), focusing on accident, sickness, and life insurance. It is a subsidiary of France’s Alan SA and is based in Toronto. Objections to this can be submitted to the Superintendent of Financial Institutions by January 9, 2024.

The Canadian Transit Company has announced its annual shareholders’ meeting at the Detroit International Bridge Company’s offices in Warren, Michigan, on November 22, 2023, at 3:00 p.m. The agenda includes electing directors and other business matters.

Central 1 Trust Company in Vancouver, British Columbia, has been designated as the office for the service of enforcement notices for support orders and provisions across all Canadian provinces. [Source]

Canada Proposes Streamlined Removal Process for Certain Inadmissibility Cases

The Canadian government is proposing amendments to the Immigration and Refugee Protection Regulations to streamline the process of issuing removal orders for certain types of inadmissibility cases. The changes would shift the authority from the Immigration Division (ID) of the Immigration and Refugee Board (IRB) to the Minister’s Delegate (MD), who is an official of the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC). This shift is intended for cases that are considered straightforward and would benefit from a more efficient process.

The three specific scenarios where the MD would now have jurisdiction include: misrepresentation of visa-exempt status on an electronic travel authorization (eTA) application, failure to appear for a medical examination, and failure to appear for examination at a designated port of entry. These changes are expected to reduce the time and resources currently required for the ID to handle such cases, which are simpler and do not require extensive weighing of evidence.

The amendments are part of a broader effort to enhance the efficiency of the immigration enforcement program and to address concerns about the length and cost of the removal process for inadmissible persons. The government aims to ensure that the framework for removal orders remains relevant and effective in modern border management.

The proposed changes also support the policy that detention should be a last resort and are expected to reduce the potential detention of individuals found inadmissible, particularly those who fail to appear for examination at a port of entry. This could lead to cost savings and more expedited removals.

The amendments would not affect the grounds of inadmissibility themselves but would change who has the authority to issue removal orders in these specific cases. The MD already reviews all inadmissibility cases before they are referred to the ID, so no new costs are anticipated. The changes are expected to result in cost avoidance by reducing the need for admissibility hearings, detention, and investigations.

Public consultations were held, and the proposed amendments were tabled in both the House of Commons and the Senate. No significant concerns were raised during these processes. The proposed amendments are not expected to have any impact on Indigenous groups or modern treaty obligations and do not require any regulatory cooperation or alignment with other jurisdictions.

The proposed regulatory text specifies the amendments to the Immigration and Refugee Protection Regulations, including the conditions under which a departure order would be applicable for those whose claim for refugee protection is found eligible. The changes would come into force on the day they are published in the Canada Gazette, Part II. [Source]

Amendments to Canadian Pay Equity Regulations Enhance Clarity and Enforcement

The Canadian government is amending the Pay Equity Regulations to address issues identified since the Pay Equity Act and its regulations came into force. The amendments aim to ensure equal pay for work of equal value in federally regulated workplaces with 10 or more employees. The Pay Equity Commissioner, part of the Canadian Human Rights Commission, oversees the regime.

The amendments address the lack of clarity on updating pay equity plans when no predominantly male job classes exist and align the regulations with the Canada Labour Code’s minimum wage provisions. Employers must now provide more detailed annual statements, including information on increases to hourly rates for female job classes, to better assess the impact on the gender wage gap.

The amendments also clarify the deadlines for groups of employers to post their notice of obligations, preventing inadvertent violations. Additionally, the amendments introduce an administrative monetary penalties (AMPs) system to address non-compliance, with penalties up to $30,000 or $50,000 depending on the size of the workplace.

The proposed changes are designed to support the implementation of the pay equity regime, with the goal of reducing the gender wage gap in federally regulated sectors. The amendments will come into force in spring 2024, and stakeholders have 30 days from the notice publication to make representations. [Source]

Canada Proposes Regulations to Limit Environmental and Health Risks from Coal Tars and Toxic Substances in Products

The Canadian government is proposing regulations to address the environmental and health risks associated with coal tars and their distillates, as well as products containing high levels of polycyclic aromatic hydrocarbons (PAHs) and 2-butoxyethanol (2-BE). These substances have been identified as toxic under the Canadian Environmental Protection Act, 1999 (CEPA), and pose immediate or long-term harmful effects on the environment and human health.

The proposed Certain Products Containing Toxic Substances Regulations aim to prohibit the manufacture, import, and sale of certain coal tar-based sealant products and sealants containing PAH levels above 1,000 parts per million (ppm) to prevent harmful ecological impacts and reduce health risks. The regulations would come into effect on January 1, 2025, with a sell-through transition period until June 30, 2025. A temporary exemption for the sale of certain industrial coal tar-based sealant products is extended until January 1, 2028.

The regulations also seek to repeal and replace the existing 2-BE Regulations without substantive changes, maintaining the same requirements for permitting and record keeping. The proposed regulations include provisions for permit applications, conditions for issuance, and record-keeping requirements.

The regulatory impact analysis indicates that the North American market is already shifting away from coal tar-based sealants due to increasing awareness and regulatory prohibitions. Alternatives such as asphalt and bitumen sealants are available at similar costs. The incremental compliance costs for phasing out coal tar-based sealants are estimated to be $6.2 million over ten years, with government enforcement costs projected at $292,911 over the same period.

The proposed regulations are expected to align with similar initiatives in the United States and the European Union, where restrictions or prohibitions on coal tar-based sealants are already in place. The regulations are part of the Chemicals Management Plan, which aims to reduce risks posed by chemicals to Canadians and the environment.

The government is seeking comments on the proposed regulations within 70 days after publication, with the option to file a notice of objection within 60 days. The regulations are designed to be a single vehicle for managing risks associated with multiple toxic substances in products, simplifying the regulatory landscape and reducing administrative burdens. [Source]

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