Highlights

  • The Canadian government has made regulatory amendments across various sectors, including controlled substances, environmental protection, health, immigration, taxation, indigenous governance, fisheries, and public service administration.
  • Changes to the Controlled Drugs and Substances Act and the Domestic Substances List aim to address public interest and environmental safety, respectively.
  • Health-related regulations have been updated for clarity and consistency.
  • Immigration regulations have been corrected for technical and grammatical accuracy.
  • Adjustments to motor vehicle expense regulations reflect current costs associated with business vehicle use.
  • The Cowichan Band in British Columbia will conduct its elections based on a community election code, enhancing governance autonomy.
  • Ontario Fishery Regulations have been revised to empower the provincial minister and protect aquatic ecosystems.
  • Responsibility for the Next Generation Human Resources and Pay System initiative has been transferred to a different government department.
  • The government acknowledges assessments of ten wildlife species’ status, which may lead to changes in their legal protections.

Amendment to Controlled Drugs and Substances Act: Hypophosphorous Acid Regulation Update

The Governor General of Canada, on the recommendation of the Minister of Mental Health and Addictions and Associate Minister of Health, has approved an amendment to Schedule VI of the Controlled Drugs and Substances Act. Specifically, the French version of the Act has been updated to replace item 22 of Part 1 with a new entry concerning hypophosphorous acid, its salts, and derivatives. This amendment is deemed necessary for the public interest and takes effect on the day it is registered. The Regulatory Impact Analysis Statement related to this Order can be found following another set of regulations. [Source]

Amendments to Canada’s Domestic Substances List Update Polymer Regulations and Add New Chemicals

The Minister of the Environment has amended the Domestic Substances List (DSL) under the authority of the Canadian Environmental Protection Act, 1999. The amendments include changes to the criteria for reduced regulatory requirement polymers or biopolymers, specifically detailing molecular weight requirements and composition percentages for such substances to qualify. Additionally, several new substances have been added to the DSL, with their respective numerical identifiers and, where applicable, the letter “N” to indicate they are new to the list, or “N-P” to indicate they are new polymers with reduced regulatory requirements. These substances range from various polymers and copolymers to modified plant-based oils and silicone compounds. The Order comes into force on the day it is registered. [Source]

Addition of Nine New Substances to the Canadian Domestic Substances List

The Canadian Environmental Protection Act, 1999 (CEPA) requires that new substances, which are not listed on the Domestic Substances List (DSL), undergo a notification and assessment process to identify potential risks to the environment and human health. Substances that were in Canadian commerce or used for commercial manufacturing purposes between January 1, 1984, and December 31, 1986, must be added to the DSL.

The Minister of the Environment has amended the DSL to include nine new substances (seven chemicals and polymers and two living organisms) that have been assessed and meet the criteria for addition. These substances are no longer subject to the New Substances Notification Regulations (Chemicals and Polymers) or the New Substances Notification Regulations (Organisms).

Additionally, the description of the “P” flag on the DSL has been updated for administrative correction. The “P” flag indicates that a substance is a polymer that meets the Reduced Regulatory Requirement (RRR) criteria. Polymers not meeting these criteria are subject to notification before import or manufacture.

The orders adding these substances to the DSL do not impose any new regulatory requirements, thus having no impact on modern treaty rights or obligations. They are administrative in nature and do not result in any incremental compliance costs for stakeholders or enforcement costs for the government. The orders facilitate access to these substances for businesses, as they are no longer subject to certain regulatory requirements under CEPA.

The orders are now in force, and compliance with them is enforced according to the Canadian Environmental Protection Act: compliance and enforcement policy. Suspected violations can be reported to the Enforcement Branch of the Department of the Environment. [Source]

Updates to Fort William First Nation Sawmill Regulations Align with Current Provincial Laws

The Canadian government has made amendments to the Fort William First Nation Sawmill Regulations under the First Nations Commercial and Industrial Development Act. These changes update references to provincial laws and instruments that have been repealed, spent, or updated since the original regulations were established in 2011. The amendments include renumbering the schedule of incorporated laws for easier reference, reflecting the repeal of certain regulations under the Environmental Protection Act and the Ontario Water Resources Act, and updating references to certificates, licenses, and fees. Additionally, the regulations now account for the replacement of the Canadian Environmental Assessment Act with the Impact Assessment Act. These technical amendments aim to ensure clarity and legal certainty by aligning the regulations with current provincial laws and instruments. The one-for-one rule does not apply, and there is no impact on small businesses. [Source]

Amendments to Enhance Clarity and Consistency in Canadian Health Regulations

The Regulations Amending Certain Department of Health Regulations (Miscellaneous Program) introduce a series of amendments to various health-related regulations in Canada. These amendments aim to address administrative and technical issues identified by the Standing Joint Committee for the Scrutiny of Regulations and through Health Canada’s internal reviews. The changes include:

  1. Clarifying cross-references within regulations to reduce confusion and help regulated parties easily locate corresponding requirements.
  2. Correcting discrepancies between the French and English versions of regulations to ensure clarity and consistent interpretation.
  3. Rectifying typographical and grammatical errors to enhance the readability of the regulations.
  4. Harmonizing terminology with related regulations and statutes for better alignment and clarity.
  5. Resolving inconsistencies in the use of certain terms to ensure uniform interpretation across regulations.
  6. Improving the clarity of various provisions to facilitate consistent understanding and application of the regulations.
  7. Renumbering sections to improve the logical flow and readability of the regulations.
  8. Updating references to standards and documents that are incorporated by reference, provided the changes are non-substantial.

These amendments affect the Food and Drug Regulations, the Glazed Ceramics and Glassware Regulations, the Medical Devices Regulations, the Precursor Control Regulations, the Safety of Human Cells, Tissues and Organs for Transplantation Regulations, the Vaping Products Labelling and Packaging Regulations, and the Vaping Products Promotion Regulations. The objective is to make the regulations clearer and more user-friendly for stakeholders, without imposing additional administrative burdens or costs. The amendments are set to come into force on the day they are registered. [Source]

Amendments to Canadian Immigration Regulations for Technical Corrections and Clarity

The Canadian government has made amendments to the Immigration and Refugee Protection Regulations to address technical issues raised by the Standing Joint Committee for the Scrutiny of Regulations. These changes include:

  1. Correcting grammatical errors in sections concerning electronic submissions to the Minister.
  2. Resolving a duplication issue by renumbering a provision related to exceptions in applications.
  3. Aligning the English and French versions of a subsection regarding family class members.
  4. Clarifying the definition of “full-time work” to specify that work exceeding 30 hours per week counts as a single period of full-time work.
  5. Removing redundant prohibitions on sponsoring spouses under the age of 18 and repealing an unnecessary paragraph.
  6. Specifying the reference to the Québec Immigration Regulation for the definition of “sponsor” in related sections.
  7. Updating the French version of the Regulations to replace “nationaux” with “ressortissants” in two provisions.
  8. Correcting an omission in the English version of a Schedule to align with the French version and related Regulations regarding accommodations for foreign nationals with COVID-19.

These amendments do not impose any new administrative costs or burdens on businesses and will not impact small businesses. They take effect on the day they are registered. [Source]

Canadian Government Updates Motor Vehicle Tax Regulations for 2018-2023

The Canadian government has updated the Income Tax Regulations related to motor vehicle expenses and benefits to reflect the changing costs of acquiring, financing, and operating automobiles. The amendments adjust the capital cost ceilings, interest expense limit, leasing limit, and tax-exempt per-kilometre allowance limit for the years 2018 through 2023.

For vehicles acquired before 2022, the capital cost ceiling for passenger vehicles remains at $30,000, and for zero-emission vehicles at $55,000. Starting January 1, 2022, these ceilings increase to $34,000 for passenger vehicles and $59,000 for zero-emission vehicles. From January 1, 2023, the ceilings rise further to $36,000 for passenger vehicles and $61,000 for zero-emission vehicles.

The interest expense limit for automobile loans remains at $300 per month for the years 2018 to 2023. The leasing limit stays at $800 per month for leases entered into before 2022, then increases to $900 for leases after January 1, 2022, and to $950 for leases after January 1, 2023.

The tax-exempt per-kilometre allowance paid by employers to employees using personal vehicles for business purposes will see incremental increases over the years. For the first 5,000 km driven, the allowance rises from 55 cents in 2018 to 68 cents in 2023. For additional kilometres, the allowance goes from 49 cents in 2018 to 62 cents in 2023. Higher rates apply to the Yukon, Northwest Territories, and Nunavut to account for the higher operating costs in these regions.

The operating expense benefit rate, which determines the taxable benefit of employees for the personal portion of automobile operating expenses paid by employers, will also see changes. It increases by one cent in 2018, two cents in 2019, remains unchanged in 2020, decreases by one cent in 2021, increases by one cent in 2022, and increases by four cents in 2023.

These regulatory amendments are designed to ensure that tax treatment for motor vehicle expenses and benefits remains fair and up-to-date with the actual costs associated with business use of vehicles. The changes have been announced in advance through news releases, and the public has had the opportunity to comment. The amendments are expected to have a positive impact on small businesses by reflecting their incurred costs without increasing regulatory burdens. The changes are already being applied for the relevant years and are intended to be retroactive to the start of each respective year they apply to. [Source]

Cowichan Band Adopts Custom Election Code, Enhancing Governance Autonomy

The Cowichan Band in British Columbia has decided to opt out of the Indian Act’s election regime and conduct its council elections based on its own community election code. The Minister of Indigenous Services has approved this change, revoking the application of the Indian Act’s election provisions for Cowichan through an order. This decision was made following a resolution by the Cowichan Council and a community ratification process where the majority of voting members supported the adoption of the Cowichan custom election code.

The objective is to enhance the First Nation’s governance autonomy and better address community needs. The new system will be in place for future council elections, with the first election under the custom code scheduled for February 24, 2024. The Cowichan Band will now be fully responsible for conducting its electoral process, and any disputes will be resolved according to the community’s election code or through the courts.

The change is expected to have no financial costs and is not subject to the small business lens or the one-for-one rule. It is also not part of any regulatory cooperation work plan and does not require a strategic environmental assessment. A gender-based analysis plus (GBA+) indicates that the shift to a community-based election system aligns with self-determination and may restore traditional governance roles for women, youth, and other community subgroups.

The transition away from the Indian Act to a community election system is part of the broader effort to facilitate First Nation leadership and self-governance, respecting cultural and traditional practices. The Department of Indigenous Services supports this transition, which is seen as a step towards greater self-determination for First Nations. [Source]

Ontario Updates Fishing Regulations to Enhance Efficiency and Protect Ecosystems

The Canadian government has amended the Ontario Fishery Regulations to give the provincial Minister of Fisheries and Oceans the power to change rules related to recreational fishing gear and equipment more efficiently, without the need for federal approval. This change is expected to streamline the process, saving time and resources.

Ontario has also updated its regulations to better manage the use of baitfish, aiming to protect aquatic ecosystems by revising the list of species permitted for use as live bait. Fifteen species have been removed from the list due to their potential to be invasive or confused with invasive species, while the banded killifish has been added. These changes are part of Ontario’s Sustainable Bait Management Strategy, which seeks to balance the needs of anglers and the bait industry with the protection of aquatic resources.

Additionally, the regulations now include new fish sanctuaries to protect aurora trout in Aurora Lake, Little Aurora Lake, and Little Whitepine Lake, and expand existing sanctuaries in Fushimi Lake, Hanlan Lake, and parts of the Valentine River to protect walleye populations. The boundaries of some sanctuaries have been adjusted to align with new infrastructure.

Other changes include allowing two lines while trolling in Lake Superior and from a vessel in Lake Erie, expanding where dead rainbow smelt can be used as bait, and clarifying the definition of Lake Nipigon and its tributaries to include those in different management zones. The regulations also align with Ontario’s Invasive Species Act regarding the transport of red swamp crayfish, allowing for their transport only when dead and prepared for human consumption.

The amendments will be enforced by the Ontario Ministry of Natural Resources and Forestry, with a range of responses available for non-compliance, from education and warnings to fines and court prosecution. The changes are set to come into force on January 1, 2024. [Source]

Transfer of Next Generation HR and Pay System Initiative to Public Works and Government Services Canada

The Governor General of Canada, on the recommendation of the Prime Minister and under the authority of the Public Service Rearrangement and Transfer of Duties Act, has issued a decree transferring responsibility for the Next Generation Human Resources and Pay System initiative from Shared Services Canada to the Department of Public Works and Government Services. This move involves shifting oversight of the federal public administration sector related to this initiative within Shared Services Canada to the specified department. [Source]

Canada Considers Adding Ten Species to Endangered List Following COSEWIC Assessments

The Canadian government, through the Species at Risk Act (SARA), has acknowledged the assessments of the status of ten wildlife species conducted by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). This acknowledgment triggers a nine-month deadline for the government to decide whether to add these species to the List of Wildlife Species at Risk, not add them, or refer the matter back to COSEWIC for further consideration.

The species under consideration include one bird, the Chestnut-collared Longspur, which is proposed to be reclassified from Threatened to Endangered. There are also assessments for molluscs, arthropods, plants, and mosses, with some species being newly assessed and others being reassessed. The implications of these assessments could lead to changes in the legal protections for these species.

Consultations have been conducted with stakeholders and the public regarding the recommended listing status of these species. The results of these consultations will be summarized in a Regulatory Impact Analysis Statement accompanying a proposed Listing Order to be published for a 30-day comment period.

The Minister of the Environment will consider all comments and additional information before making final recommendations to the government. If the government does not make a decision within the nine-month period, the Minister must amend the List according to COSEWIC’s recommendations. [Source]

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