Highlights

  • The CRTC is accepting public comments on a new radio application and has made various broadcasting decisions across Canada.
  • An employee of Fisheries and Oceans Canada has been authorized to run in a New Brunswick provincial election.
  • New Ministerial Instructions for online immigration applications have been issued to support Canada’s immigration goals.
  • An assessment concluded that certain substances do not pose a risk under the Canadian Environmental Protection Act, 1999.
  • The Privy Council Office is seeking applicants for various government positions, aiming for a merit-based and diverse selection.
  • Contribution rates for the Members of Parliament pension plan have been set for the next three years.
  • Alan CA Inc. seeks to become a federally regulated life insurance company, and two trust companies plan to amalgamate.
  • Amendments to the Species at Risk Act propose adding and reclassifying certain wildlife species.
  • Proposed amendments to the Canadian Aviation Regulations aim to clarify rules and adopt new technologies for safer flight operations.
  • Updates to the Transportation of Dangerous Goods Regulations will enhance rail safety and align with U.S. and international standards.
  • Facilities emitting significant levels of GHGs must report their emissions, with the potential for fines in cases of non-compliance.

CRTC Updates and Public Comment on CKHA-FM Application; Approvals for New Radio Stations; Public Service Commission Grants Election Leave to Fisheries Employee

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its website with various documents, including decisions, notices of consultation, and orders. A new application from the Haliburton County Community Radio Association for CKHA-FM in Ontario is open for public comment until January 15, 2024. Recent administrative decisions include approvals for a new religious FM radio station in Okno, Manitoba, and a community FM radio station on Salt Spring Island, British Columbia.

The CRTC has also issued several decisions affecting broadcasting undertakings across Canada, including the renewal of the French-language Educational Communications Authority (TFO) in various Ontario locations, changes to Corus Radio Inc.’s stations in Calgary, Alberta, and the approval of Rogers Media Inc.’s CIWW in Ottawa, Ontario. Additionally, the Knowledge Network Corporation in British Columbia and 0859291 B.C. Ltd.’s CHEK-DT in Victoria, British Columbia, received decisions, as did New Tang Dynasty Television, which operates across Canada.

The Public Service Commission of Canada has granted Michael Broderick, an employee of Fisheries and Oceans Canada, permission to seek nomination and run as a candidate in the Fredericton-York, New Brunswick provincial election, which is to be held by October 21, 2024. He has also been granted a leave of absence without pay for the election period. [Source]

Recent Updates on Canada’s Immigration Applications, Environmental Substance Assessments, and Government Positions and Pension Plans

The Minister of Citizenship and Immigration has issued new Ministerial Instructions for the submission of online applications for permanent resident visas and other documents to support Canada’s immigration goals. These instructions apply to various immigration streams, including the Quebec Skilled Worker Class, Provincial Nominee Class, and Family Class, among others. Applications must be submitted electronically, with alternatives provided for those unable to apply online. Applications not submitted electronically will be returned with fees refunded, except for those who are authorized to use alternate means.

The Department of the Environment and the Department of Health have published their final decision after assessing five Siloxanes Group substances and 26 industry-restricted gas oils and kerosenes. The assessment concluded that these substances do not pose a risk to the environment or human health under the Canadian Environmental Protection Act, 1999. Therefore, no further action will be taken against these substances at this time.

The Privy Council Office announces various Governor in Council positions open for applications, emphasizing a merit-based, transparent process that seeks to reflect Canada’s diversity.

The Treasury Board Secretariat has set the contribution rates for the Members of Parliament pension plan for the years 2024, 2025, and 2026. These rates vary depending on the member’s age and earnings relative to the Year’s Maximum Pensionable Earnings and the Earnings Limit. Members who have reached the 75% maximum pension accrual will contribute at a different rate. [Source]

Corporate Restructuring in Canadian Financial Sector: Alan CA Inc.’s Continuance and Trust Company Amalgamation

Alan CA Inc., a company 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-based Alan SA and is headquartered in Toronto. Objections to this proposal can be submitted to the Superintendent of Financial Institutions by a specified date.

MD Private Trust Company and The Bank of Nova Scotia Trust Company are seeking to amalgamate as one entity named “The Bank of Nova Scotia Trust Company” with a head office in Toronto. The proposed amalgamation is scheduled for a future date, subject to approval by the Minister of Finance following the standard review process. [Source]

Canada Proposes Amendments to Protect Nine New Wildlife Species Under SARA

The Canadian government is proposing an amendment to Schedule 1 of the Species at Risk Act (SARA) to add nine new wildlife species and reclassify the status of the Chestnut-collared Longspur from threatened to endangered. This action follows assessments by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) and is part of the government’s commitment to prevent species from becoming extinct or extirpated in Canada.

The species proposed for addition as endangered include the Shagreen, Toothed Globe, Reversed Haploa Moth, Gillman’s Goldenrod, and Slender Yoke-Moss. The Carolina Mantleslug is proposed to be added as threatened, while the Plains Hog-nosed Snake, Manitoba Oakworm Moth, and Puvirnituq Mountain Draba are proposed to be added as species of special concern.

Listing these species triggers mandatory recovery planning and, for endangered and threatened species, general prohibitions against harming the species or destroying their habitat on federal lands. For species of special concern, a management plan must be developed. The proposed Order aims to ensure that the necessary measures for protection and recovery under SARA are applicable to these species.

Consultations were held with Indigenous peoples, stakeholders, and the public, with no significant concerns raised. The proposed Order is expected to have low regulatory impact, with benefits including the preservation of biodiversity and ecosystem services such as pest control, pollination, and nutrient cycling. The costs, mainly borne by the government, are related to recovery planning and enforcement, with minimal costs to stakeholders for permit applications.

The proposed Order aligns with provincial designations and supports international commitments to biodiversity conservation. It also contributes to the Federal Sustainable Development Strategy and the United Nations’ Sustainable Development Goals. A gender-based analysis plus (GBA+) found that the proposal would mainly affect individuals residing on Indigenous reserves due to the application of general prohibitions on federal lands.

The Order will be enforced by the Department of the Environment, with penalties for non-compliance including fines, imprisonment, and seizure of items. Permits for activities affecting listed species can be issued under certain conditions. The Order will come into force on the day it is registered. [Source]

Proposed Amendments to Enhance Safety and Innovation in Canadian Aviation Regulations

The proposed amendments to the Canadian Aviation Regulations aim to address low-risk issues identified through Transport Canada’s Regulatory Review Initiative. These amendments will clarify regulatory requirements, facilitate the adoption of innovative technologies, and reinforce pilot responsibilities for certain flight operations to ensure safe, orderly, and expeditious aircraft operation within Canadian airspace.

Key changes include streamlining definitions to reduce ambiguity and improve interpretation, such as redefining “ATC unit” and introducing new terms like “Flight Services unit” and “ATS unit.” The amendments will also remove prescriptive requirements that limit the use of new technologies like ADS-B and MLAT, allowing for more efficient airspace management.

Additionally, the amendments will make certain best practices mandatory for pilots conducting contact and visual approaches, enhancing safety. They will also address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations regarding aviation weather services, ensuring consistency between English and French texts and clarifying regulatory language.

The restructuring of the Air Traffic Services subpart will make it easier to identify different types of services and required personnel training. NAV CANADA, as the main stakeholder, has been consulted, along with other industry members through the Canadian Aviation Regulation Advisory Council.

The proposed regulations are not expected to impose costs on stakeholders, as they primarily clarify existing practices and do not change current implementation and enforcement procedures. They will be enforced through the Aeronautics Act, with compliance ensured by Transport Canada using existing resources. The regulations aim to come into force upon publication in the Canada Gazette, Part II. [Source]

Canada Updates Dangerous Goods Transport Regulations for Enhanced Safety and International Alignment

The Transportation of Dangerous Goods Regulations (TDGR) in Canada are being updated to address safety concerns, align with U.S. regulations, and harmonize with international standards. The amendments will strengthen rules for the transportation of dangerous goods by rail, requiring buffer cars between railway vehicles carrying dangerous goods and occupied railway vehicles for all trains, including unit trains. This change aims to reduce safety risks for train crews.

The regulations will also revise the emergency response assistance plan (ERAP) requirements for transporting anhydrous ammonia, a toxic gas used as fertilizer, on public roads for agricultural purposes. The current exemption for tanks up to 10,000 liters and within 100 km will be replaced with a requirement for an ERAP for any distance over 3 km, and the use of either a single or twin nurse tank configuration will be permitted.

Additionally, the TDGR will be updated to align with the Packaging and Transport of Nuclear Substances Regulations, 2015 (PTNSR, 2015), particularly for the transport of unclassified radioactive waste materials and radioactive substances used for medical purposes.

The amendments also aim to harmonize with the United Nations Model Regulations on the Transport of Dangerous Goods, addressing classification and packaging of certain dangerous goods, including pesticides, refrigerating machines, and medical wastes.

Some recurrent activities currently authorized under equivalency certificates (ECs) will be codified into the TDGR, reducing the administrative burden on stakeholders and Transport Canada.

The proposed changes are expected to result in a net cost of approximately $6.25 million over ten years, with railway companies incurring most of the costs due to buffer car requirements. Despite these costs, the amendments are anticipated to provide qualitative safety benefits that outweigh the monetized costs.

The one-for-one rule applies, indicating a decrease in administrative burden on businesses. The proposed regulations will also align with efforts under the Canada-U.S. Regulatory Cooperation Council to facilitate cross-border trade.

The proposed regulations will come into force six months after publication, except for the anhydrous ammonia exemption, which will have a 24-month transition period. Transport Canada will inform stakeholders and train inspectors to ensure compliance and enforcement. [Source]

Canada Mandates GHG Emission Reporting for Large Emitters by 2025

The Canadian Environmental Protection Act, 1999 mandates that facilities emitting 10,000 tonnes or more of greenhouse gases (GHGs) in 2024 or 2025 must report their emissions to the Minister of the Environment. This includes facilities engaged in specific activities such as aluminum, ammonia, and cement production, among others. The information must be submitted by June 2, 2025, for the 2024 calendar year and by June 1, 2026, for the 2025 calendar year, using the Environment and Climate Change Canada (ECCC) Single Window system.

Facilities must keep records of their GHG information and related data for three years after submission and inform the Minister if they no longer meet the criteria. The Minister intends to publish GHG emission totals by gas and source category per facility. Facilities can request confidentiality for their information, but the Minister may still disclose it under certain conditions.

Non-compliance with the notice can result in significant fines. The notice also includes detailed instructions and definitions for reporting, as well as specific requirements for various industry sectors and activities related to GHG emissions. [Source]

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