Highlights

  • The Canadian International Trade Tribunal is reviewing an order on steel plate dumping from China to determine if its expiration would harm the domestic industry.
  • Malvern Panalytical has filed a complaint with the CITT over a procurement issue with the National Research Council of Canada.
  • The CRTC has made decisions affecting various broadcasting undertakings in Canada.
  • The Canadian Transportation Agency has set interswitching rates for 2024.
  • A federal employee has been granted permission to run for office in Brampton West, Ontario.
  • An amalgamation of insurance companies is set to occur, creating a new entity authorized to insure various risks.
  • The Government of Canada is seeking applicants for Governor in Council positions, focusing on merit and diversity.
  • Allianz Life Insurance plans to have Canadian policies reinsured by another company.
  • MD Private Trust Company and The Bank of Nova Scotia Trust Company propose to amalgamate.
  • The Canadian government is proposing regulatory amendments to streamline the handling of transborder criminality cases.
  • Regulations are being implemented to support Canadian preclearance operations in the United States.
  • Canada is amending regulations to reduce methane emissions in the oil and gas sector as part of its climate change commitments.

Canadian Regulatory Updates on Trade, Procurement, Broadcasting, Transportation, and Political Candidacy

The Canadian International Trade Tribunal (CITT) is initiating an expiry review of its 2018 order on the dumping of certain hot-rolled carbon steel plate products from China. The Canada Border Services Agency (CBSA) will determine if the lifting of the order would likely lead to a continuation or resumption of dumping. If so, the CITT will assess whether this would harm the domestic industry. Participants must file their notices by July 25, 2023, and the CBSA’s determination is due by December 7, 2023, with the CITT’s final decision by May 15, 2024. A public hearing is scheduled for March 4, 2024.

Malvern Panalytical has filed a complaint with the CITT regarding a National Research Council of Canada procurement for a particle size analyzer, alleging that the winning bidder did not meet mandatory requirements.

The Canadian Radio-television and Telecommunications Commission (CRTC) has posted various decisions affecting broadcasting undertakings across Canada, including decisions on VMedia, CKPC, CJLT-FM, CHOZ-FM, and CHCH-DT.

The Canadian Transportation Agency (CTA) has published the regulated interswitching rates for 2024, detailing rates per car for different interswitching distance zones.

The Public Service Commission has granted Jaspreet Sandhu, a Payment Services Officer at Employment and Social Development Canada, permission to seek nomination and be a candidate in the federal election for Brampton West, Ontario, before the election period, and has granted a leave of absence without pay during the election period. [Source]

Amalgamation of Definity Insurance with Three Companies and Government of Canada’s Call for Diverse Governor in Council Applicants

The Office of the Superintendent of Financial Institutions has issued letters patent for the amalgamation of Definity Insurance Company with The Missisquoi Insurance Company, Perth Insurance Company, and Waterloo Insurance Company, effective January 1, 2024. The newly amalgamated company is authorized to insure risks in various classes including accident, sickness, automobile, boiler and machinery, fidelity, legal expense, liability, property, and surety insurance.

The Privy Council Office announces that the Government of Canada is seeking applications from Canadians for various Governor in Council positions, emphasizing a merit-based, transparent process that aims for gender parity and representation of Indigenous peoples and minority groups. The government is committed to a respectful, harassment-free workplace and is looking for candidates who embody values of inclusion, honesty, fiscal prudence, and generosity of spirit. A list of open positions across various organizations is provided, with each opportunity being open for applications for at least two weeks from the posting date on the Governor in Council appointments website. [Source]

Allianz Life Reinsurance Plan and MD Private Trust and Scotiabank Trust Amalgamation

Allianz Life Insurance Company of North America plans to apply for approval to have its Canadian policies reinsured by Assumption Mutual Life Insurance Company. Policyholders can review the reinsurance agreement and the independent actuary’s report at Allianz’s Toronto office or request copies in writing.

MD Private Trust Company and The Bank of Nova Scotia Trust Company are seeking to amalgamate into a single entity named “The Bank of Nova Scotia Trust Company.” The proposed amalgamation, pending approval, is set to take effect on May 1, 2024, with the head office located in Toronto. Approval is subject to the standard review process and the discretion of the Minister of Finance. [Source]

Canada Proposes Regulatory Amendments to Streamline Handling of Transborder Criminality Cases

The Canadian government is proposing amendments to the Immigration and Refugee Protection Regulations (IRPR) to streamline the process for handling cases of transborder criminality, which involves foreign nationals committing crimes at the port of entry, such as smuggling weapons into Canada. Currently, all such cases must be referred to the Immigration Division (ID) for an admissibility hearing, regardless of the offence’s complexity. This process is considered cumbersome for straightforward cases that could be handled at the port of entry.

The proposed changes aim to refine the list of offences that constitute transborder criminality, focusing only on those that can occur at a port of entry and are serious enough to warrant inadmissibility. Minor violations, like failing to declare groceries, would no longer be grounds for seeking a removal order. The amendments would also shift the authority to issue removal orders for simple offences from the ID to the Minister’s Delegate (MD), allowing for immediate action at the port of entry. More complex cases would still be referred to the ID.

These changes are expected to reduce the number of inadmissible individuals entering Canada for hearings, streamline decision-making, and focus resources on more serious violations. The amendments would also address concerns raised in previous reports about the need for timely removals and efficient border management. The proposed regulatory changes are anticipated to save costs for the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB).

Consultations with stakeholders have led to revisions, such as removing certain offences from the MD’s authority due to their complexity. The CBSA will provide updated operational guidance and training to ensure fair and unbiased enforcement. The amendments will not affect existing protections for vulnerable populations or avenues for recourse and judicial review.

The proposed regulatory text outlines specific amendments to sections of the IRPR, including the offences that would be considered for transborder criminality and the conditions under which a deportation order can be issued. The changes would come into force on the day they are published in the Canada Gazette, Part II. [Source]

Canada Implements Regulations for Border Preclearance Operations in the US

The Canadian government is implementing regulations to support Canadian preclearance operations in the United States, as agreed upon with the U.S. through the Preclearance Act, 2016 (PCA, 2016) and the Agreement on Land, Rail, Marine, and Air Transport Preclearance (LRMA). These regulations will allow Canadian Border Services Agency (CBSA) officers to perform immigration processing and make admissibility determinations in U.S. preclearance areas, similar to procedures at Canadian ports of entry (POEs).

The regulations will define grounds of inadmissibility under the Immigration and Refugee Protection Act (IRPA) that apply in preclearance areas, excluding responsibilities normally handled by Canadian embassies and consulates abroad. They will also adapt customs and plant-related legislation to apply in preclearance areas, mirroring POE processes.

The rationale behind these regulations is to facilitate the flow of legitimate travelers and goods, enhance security by preventing inadmissible individuals and goods from entering Canada, and provide a cost-effective alternative to maintaining small and remote POEs with aging infrastructure.

Consultations with various government partners, including Immigration, Refugee and Citizenship Canada (IRCC), the Canadian Food Inspection Agency (CFIA), and the Department of Finance, have been conducted. The regulations are expected to incur minor costs, primarily related to training, but overall, they are anticipated to result in cost savings through shared operational and facility maintenance costs with the U.S.

A pilot project is planned at the Covey Hill, Quebec–Cannon Corners, New York border crossing, where a small and remote Canadian POE will be relocated to a U.S. facility. The pilot aims to demonstrate the cost-effectiveness and operational viability of preclearance as an alternative to rebuilding small and remote POEs.

The proposed regulations are designed to ensure that CBSA officers can perform their duties effectively in preclearance areas, supporting national security and public safety while facilitating the movement of people and goods. They are not site-specific and could support the expansion of Canadian preclearance operations in the U.S. without further amendments. The regulations are set to come into force upon registration. [Source]

Canada Targets 75% Methane Emission Reduction in Oil and Gas Sector by 2030

Canada is amending its regulations to significantly reduce methane emissions in the upstream oil and gas sector, aiming for a 75% reduction by 2030 relative to 2012 levels. The proposed amendments will introduce new standards and practices for inspecting sites and repairing leaks, and will apply to onshore upstream, midstream, and transmission facilities. A performance-based compliance option will also be introduced, focusing on emissions outcomes rather than prescriptive measures.

The amendments are part of Canada’s commitment under the Paris Agreement to reduce national greenhouse gas (GHG) emissions by 40 to 45% below 2005 levels by 2030 and to achieve net-zero emissions by 2050. The oil and gas sector is the largest emitter of GHGs in Canada, with methane accounting for a significant portion of these emissions. Methane is a potent short-lived climate pollutant with a global warming potential 84 times that of CO2 over a 20-year period.

The regulatory impact analysis statement estimates that from 2027 to 2040, the amendments will cost $15.4 billion but will result in cumulative GHG reductions valued at $27.8 billion in terms of avoided global damages from climate change, leading to an estimated net benefit of $12.4 billion. The amendments are expected to be cost-effective, with an average cost of $71 per tonne of CO2e over the analysis timeframe.

The amendments will prohibit venting of natural gas, with exceptions, and require all pressurized equipment to be connected to conservation or destruction equipment. Flaring will be limited and subject to an engineering study. Fugitive emissions will be managed through a risk-based approach, with Type 1 facilities requiring quarterly inspections and Type 2 facilities requiring annual inspections. Repairs must be made within specified timelines based on emission rates.

The proposed amendments will not apply to offshore facilities to avoid duplication with other regulations. They will be enforced following the existing Compliance and Enforcement Policy for the Canadian Environmental Protection Act, with compliance promotion activities to assist the regulated community.

The amendments align with international efforts to reduce methane emissions, including the Global Methane Pledge and actions by the United States and the European Union. They are part of Canada’s broader strategy to address climate change and reduce emissions from the oil and gas sector. [Source]

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