Highlights

  • The Canadian Food Inspection Agency has updated fees related to fertilizer product registrations and exempted emergency animal transit fees during disasters.
  • The Canadian International Trade Tribunal has made decisions on various trade and procurement complaints.
  • The CRTC has issued decisions on broadcasting undertakings in several Canadian regions.
  • Parks Canada has protected habitat for the Black-foam Lichen under the Species at Risk Act.
  • The Canadian government has proposed amendments to the PCB Regulations to allow certain uses and storage of PCB-containing equipment under specific conditions.
  • The Tuvaijuittuq Marine Protected Area’s protection in the High Arctic is proposed to be extended due to consultation and research delays.
  • The Canadian government plans to lower the criminal interest rate to combat predatory lending and standardize payday loan costs.

Recent Regulatory Updates and Decisions by Canadian Agencies

The Canadian Food Inspection Agency (CFIA) has amended its Fees Notice to reflect changes in the Fertilizers Regulations. The amendments clarify the fees associated with the registration, re-registration, and amendment of fertilizer and supplement products. The updated regulations reduce the instances requiring registration amendments, thus lowering industry costs. The CFIA engaged stakeholders extensively during the consultative process, and the feedback was positive.

Additionally, the CFIA has added a non-application clause to Part 11 of its Fees Notice, exempting emergency transit of regulated animals from import and export fees during situations like natural disasters. This change simplifies processes and reduces administrative efforts for both the CFIA and animal owners.

The Canadian International Trade Tribunal (CITT) has made several determinations. It dismissed a complaint by Stericycle, ULC regarding a contract awarded by the Correctional Service of Canada for biomedical waste removal services. The CITT also announced an expiry review of its finding on the dumping of carbon steel welded pipe from certain countries. Furthermore, the CITT is inquiring into complaints from St. Michaels Investment Group Canada Inc. and Ashby Laundromat Ltd. regarding alleged irregularities in procurement processes by Public Works and Government Services and the Department of Fisheries and Oceans, respectively.

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued decisions on various broadcasting undertakings, including approvals for AEBC Internet Corp. in British Columbia and Alberta, community television in Montreal, radio rebroadcasting in Winnipeg, and television broadcasting in Thunder Bay. Shaw Pay-Per-View Ltd. in Edmonton also received a decision.

Lastly, Parks Canada Agency has announced that critical habitat for the Black-foam Lichen in Kejimkujik National Park and National Historic Site of Canada is now legally protected under the Species at Risk Act. This measure aims to aid in the recovery of the Black-foam Lichen, which is listed as a species at risk. [Source]

Canadian Government Actions on Offshore Exploration, Endangered Species Protection, and Inclusive Governance Recruitment

The Canadian Minister of Energy and Natural Resources has set aside a Fundamental Decision by the Canada-Nova Scotia Offshore Petroleum Board to issue Exploration Licence 2437. This action follows a suspension period and aligns with the provincial Minister of Natural Resources and Renewables’ approach.

Environment and Climate Change Canada has announced that the critical habitat of the endangered American Badger jeffersonii subspecies, both Western and Eastern populations, within certain federally protected areas, will be legally protected under the Species at Risk Act after a 90-day period from the notice.

The Privy Council Office is inviting applications from Canadians for various Governor in Council positions, emphasizing a transparent, merit-based process that seeks gender parity and representation of Indigenous peoples and minority groups. The aim is to create a government reflective of Canada’s diversity and to ensure a respectful, harassment-free workplace. Open positions include roles in organizations such as the Bank of Canada, Canada Foundation for Innovation, and the Canadian Human Rights Commission, among others. [Source]

Proposed Amendments to Canadian PCB Regulations for Flexibility and Safety

The Canadian government is proposing amendments to the PCB Regulations to address issues that have arisen since their implementation. These amendments aim to provide flexibility for the use and storage of PCB-containing equipment under unique circumstances.

Key points of the proposed amendments include:

  1. Allowing the continued use and storage of PCB-containing equipment that is radioactive in nuclear facilities, with the requirement to remove and destroy such equipment when it can be done safely.

  2. Permitting electrical facilities scheduled for decommissioning by December 31, 2029, to continue using certain types of PCB-containing equipment until closure, subject to ministerial approval and conditions such as minimizing harmful effects and having a plan to end the use of the equipment by the closure date.

  3. Enabling the Department of National Defence to continue using and storing military equipment containing PCBs when non-PCB alternatives cannot be substituted, with an application process for extended storage time.

  4. Allowing museums to keep PCB-containing objects of historical significance in their collections, provided the objects are kept in areas with fire suppression systems and measures are taken to minimize harmful effects.

  5. Clarifying that mixing PCB oil with non-PCB oil to reduce PCB concentration is not allowed, and that laboratory tests are not required if the PCB concentration is already known by other means.

The proposed amendments also include changes to the Regulations Designating Regulatory Provisions for Purposes of Enforcement to list certain provisions of the PCB Regulations, including those resulting from the proposed amendments.

Consultations with stakeholders, including nuclear facilities, electrical facilities, the Department of National Defence, and museums, have informed these amendments. The proposed changes are expected to result in net benefits to Canadian society by deferring costs and preserving historical objects, while ensuring the health and safety of workers and minimizing environmental risks. The proposal is considered low-cost and is not expected to have major impacts on the risk of exposure from PCB releases. The amendments will be enforced in accordance with the Canadian Environmental Protection Act: compliance and enforcement policy. [Source]

Canada Proposes Extension of Tuvaijuittuq Marine Protected Area Protection Amid COVID-19 Delays

The Canadian government is proposing to extend the protection of the Tuvaijuittuq Marine Protected Area (MPA) in the High Arctic by replacing the current Ministerial Order with a new one. This extension is necessary due to delays caused by the COVID-19 pandemic, which hindered consultations with Inuit communities and the completion of a feasibility assessment for long-term protection, including an Inuit Qaujimajatuqangit study and additional scientific research.

The Tuvaijuittuq MPA, designated in 2019, is a unique and critical habitat for Arctic under-ice communities and ice-dependent species. It is expected to retain multi-year ice longer than other areas in the Arctic, making it a potential refuge as sea ice continues to decline due to climate change. The MPA contributes 5.55% to Canada’s marine conservation targets and is part of a collaborative effort with Inuit partners and northern governments to explore long-term marine protection.

The new Order would maintain the “freeze the footprint” approach, allowing only certain ongoing activities such as marine scientific research and national defense activities by the Department of National Defence. It would not affect the wildlife harvesting rights of the Inuit as provided for in the Nunavut Agreement. The proposed Order would also respect international agreements and support government priorities, including reconciliation with Indigenous Peoples and socio-economic and cultural equity between Inuit and other Canadians.

The costs associated with the continued management of the MPA, including monitoring, enforcement, administration, and scientific research, are estimated at $14 million over five years and will be covered by existing federal resources. The benefits, although not quantitatively assessed, are expected to outweigh the costs by preserving the area’s unique ecosystem services, non-use values, and supporting ongoing research.

The proposal is open for public comment for 30 days following its publication, and stakeholders, including Inuit organizations and environmental groups, have been engaged in the consultation process. Compliance and enforcement of the Order will be managed by Fisheries and Oceans Canada, with designated enforcement officers and penalties for contraventions as outlined in the Oceans Act. [Source]

Canada Lowers Criminal Interest Rate to Combat Predatory Lending

The Canadian government is taking action against predatory lending by amending the Criminal Code to lower the criminal interest rate from 60% effective annual rate (EAR) to 35% annual percentage rate (APR). This change aims to protect vulnerable individuals, such as low-income Canadians, newcomers, and those with limited credit history, from high-interest loans that can trap them in debt.

The Criminal Interest Rate Regulations propose exemptions for certain lending practices that do not lead to predatory lending. Commercial loans between $10,000 and $500,000 will be exempt from the criminal rate if the APR does not exceed 48%. Loans above $500,000 will not be subject to any rate cap. Pawn loans, which are small, collateralized, non-recourse loans, will also be exempt if they are under $1,000 and the APR does not exceed 48%. These exemptions are designed to ensure that businesses and certain secured loan practices are not unduly restricted by the new lower criminal rate.

Additionally, the regulations aim to standardize the cost of payday loans across provinces by setting a federal limit of $14 per $100 borrowed. This aligns with the lowest provincial limit and is intended to harmonize payday lending costs. Dishonoured cheque fees will be capped at $20, which is in line with the lowest provincial fees currently allowed.

The proposed regulations are expected to benefit consumers by reducing the cost of borrowing and limiting fees, while also considering the impact on small businesses and commercial lending practices. The regulations will be enforced under the Criminal Code, with provincial police forces overseeing the criminal interest rate and provincial regulators enforcing payday lending limits. The regulations are set to come into force three months after publication in the Canada Gazette, Part II, to allow lenders time to adjust their operations. [Source]

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