Part 2, Volume 158 #1
Highlights
- Canadian agencies have updated various agricultural marketing regulations, including levies and quotas for turkey and egg producers, to ensure alignment with marketing plans.
- Health Canada has amended fees for medical devices to reflect the expansion of the regulatory framework for public health emergencies beyond COVID-19.
- Sagamok Anishnawbek First Nation has transitioned to the First Nations Elections Act for its election system, aiming to enhance governance autonomy.
- The Fort McKay First Nation Oil Sands Regulations have been updated to align with Alberta’s framework, supporting economic development and regulatory certainty.
- The Immigration Loans Program’s funding cap has been increased to continue assisting immigrants with transportation and settlement costs.
- Medical Devices Regulations have been amended to address urgent public health needs, allowing for the addition of medical conditions and devices to a special list and clarifying post-market reporting obligations.
- The Minister of Public Safety and Emergency Preparedness has been designated as responsible for matters related to federal public sector labor relations.
- The Online News Act Application and Exemption Regulations have been established, setting criteria for digital platforms to fairly compensate Canadian news businesses.
- The Canadian government has set a date for the implementation of a policy on francophone immigration to support the vitality of French linguistic minority communities.
Amendment to Canada Turkey Marketing Levies Order Sets New Expiry Date
The Canadian Turkey Marketing Agency has amended the Canada Turkey Marketing Levies Order (2019) to establish a new expiration date for certain levies. Specifically, paragraph 2(b) and section 4 of the order, which pertain to marketing levies, will cease to be effective as of December 31, 2024. This amendment has been approved by the National Farm Products Council as it is necessary for the implementation of the marketing plan that the Agency is authorized to implement. The amendment comes into force on the day it is registered. [Source]
Amendment to Canadian Egg Quota Regulations for Vaccine Producers in Ontario and Quebec
The Canadian Egg Marketing Agency has amended the Canadian Egg Marketing Agency Quota Regulations, 1986, specifically updating the limits on vaccine quotas for egg producers in Ontario and Quebec. This amendment sets the number of dozens of eggs that these producers are allowed to market under vaccine quotas for the period from December 31, 2023, to December 28, 2024. The changes are made under the authority of the Farm Products Agencies Act and with the approval of the National Farm Products Council, ensuring they align with the necessary implementation of the marketing plan. The new regulations come into effect on December 31, 2023. [Source]
Amendment to Canadian Egg Quota Regulations for 2023-2024 Period
The Canadian Egg Marketing Agency has amended the Canadian Egg Marketing Agency Quota Regulations, 1986, to establish new limits for special temporary market requirement quotas for egg producers. These quotas determine the number of dozens of eggs that producers in various provinces can market for the period from December 31, 2023, to December 28, 2024. The amendment specifies the quota for each province, with Ontario having the highest limit at over 22 million dozens, and the Northwest Territories having no allocation. This change is made under the authority of the Farm Products Agencies Act and is approved by the National Farm Products Council to ensure the implementation of the marketing plan for the egg industry. [Source]
Amendment to Canadian Egg Marketing Agency Quota Regulations for 2023-2024
The Canadian Egg Marketing Agency has amended the Canadian Egg Marketing Agency Quota Regulations, 1986, specifically updating the limits on egg for processing quotas. These changes establish the number of dozens of eggs that producers are allowed to market under these quotas for the period from December 31, 2023, to December 28, 2024. The amendment has been approved by the National Farm Products Council after ensuring it is necessary for the implementation of the marketing plan the Agency is authorized to implement. The new regulations came into effect on December 31, 2023. [Source]
New Federal Egg Production Quotas Set for Canadian Provinces
The Canadian Egg Marketing Agency has amended the Canadian Egg Marketing Agency Quota Regulations, 1986, to establish new federal quotas for egg production. These quotas specify the number of dozens of eggs that producers in various provinces are allowed to market for the period from December 31, 2023, to December 28, 2024. The updated limits are detailed in a revised Schedule 1, which lists the quota for each province, including Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta, Newfoundland and Labrador, and the Northwest Territories. The amendment is made under the authority of the Farm Products Agencies Act and with the approval of the National Farm Products Council, ensuring that it is in line with the marketing plan the Agency is authorized to implement. The new regulations come into force on December 31, 2023. [Source]
New Levy Rates for Canadian Egg Producers by Province Until 2025
The Canadian Egg Marketing Agency has amended the Canadian Egg Marketing Levies Order to adjust the levy rates paid by egg producers in various provinces. The new rates are set at $0.4395 for Ontario, $0.5195 for Nova Scotia, and $0.5143 for British Columbia. These rates will remain in effect until March 28, 2025. The changes are made under the authority of the Farm Products Agencies Act and with the approval of the National Farm Products Council. The amended order will come into force on December 31, 2023. The purpose of the amendment is to update the levy rates for the specified period. [Source]
Canada Amends Fees for Medical Devices Post-Public Health Emergencies
The Canadian Minister of Health has amended the Fees in Respect of Drugs and Medical Devices Order to accommodate the expansion of the regulatory framework for medical devices beyond COVID-19 to include other public health emergencies. This amendment ensures that Health Canada can charge fees for medical devices that were previously authorized under an urgent public health need but are no longer on the urgent public health need list.
The amendment specifies that while a medical device is on the urgent public health need list, the authorization holder is exempt from fees. However, once the device is no longer associated with any medical condition on the list, fees for amending an authorization and the annual right to sell fee will be charged. Class I medical devices will have a 120-day transition period to comply with Part 1 of the Medical Devices Regulations, including any associated fees. For Class II to IV devices, fees will be charged for amendments and annual rights to sell once they are off the list.
The amendment also removes specific references to COVID-19, replacing them with more general terms to reflect the broadened scope of potential public health emergencies. An exception has been added to ensure that no amendment fees are charged for applications that add a new medical condition qualifying the device as a UPHN medical device when the amendment was submitted.
The updated performance standard document reflects the changes to the regulatory framework. The amendments will take effect on the same day as the Regulations Amending the Medical Devices Regulations (Medical Devices for an Urgent Public Health Need).
Consultations with stakeholders did not yield any feedback on the fee amendments. The amendments are not expected to have any disproportionate impact on small businesses, as existing fee mitigations for small businesses will still apply. The one-for-one rule does not apply, and no significant environmental effects or gender-based impacts have been identified. Implementation will involve updating forms and webpages, and existing performance standards will continue to apply. [Source]
Sagamok Anishnawbek Council to Hold First Election Under First Nations Elections Act in August 2024
The Sagamok Anishnawbek council has passed a resolution requesting their inclusion in the schedule to the First Nations Elections Act. In response, the Minister of Indigenous Services has issued an order to amend the schedule, officially adding Sagamok Anishnawbek as item number 87. Consequently, the first election for the council of Sagamok Anishnawbek under this act is set for August 9, 2024. This order will take effect on the day it is registered. [Source]
Updating Fort McKay First Nation Oil Sands Regulations for Consistency and Economic Development
The Canadian government has updated the Fort McKay First Nation Oil Sands Regulations to align with changes in Alberta’s oil sands mining regulations since 2007. These amendments incorporate new provincial laws and update existing ones to ensure the regulatory regime on Fort McKay First Nation Indian Reserve No. 174C is consistent with Alberta’s framework. The changes facilitate economic development and provide regulatory certainty for a large-scale oil sands mining project on the reserve. The updated regulations include adaptations to limit provincial powers on reserve lands and reflect Fort McKay First Nation’s management of their lands under their Land Code. The amendments were developed in collaboration with Fort McKay First Nation and the Province of Alberta, and after community consultations, they support Indigenous economic development and self-determination. The regulatory changes are not expected to significantly impact costs and do not affect small businesses or modern treaty obligations. They align with international commitments to Indigenous rights and sustainable development goals. The updated regulations will be administered by Alberta officials, with oversight from a management committee including representatives from the Canadian government, Alberta, and Fort McKay First Nation. [Source]
Canada Increases Immigration Loans Program Fund to $300 Million to Support Newcomers
The Canadian government has amended the Immigration and Refugee Protection Regulations to increase the maximum amount of advances for the Immigration Loans Program from the Consolidated Revenue Fund to $300 million. This program assists eligible immigrants with transportation and initial settlement costs in Canada. The increase is necessary to continue providing loans due to forecasted admissions and increased transportation costs.
The Immigration Loans Program, established in 1951, has evolved to support immigrants from all countries and various immigration classes. In 2018, the program was updated to ease the financial burden on recipients by extending loan repayment periods, eliminating interest charges, and delaying the start of repayment to one year after arrival in Canada.
The program primarily serves resettled refugees, who make up 98% of its users, and is designed to be self-sustaining through client repayments. However, factors such as increased loan amounts, the removal of interest charges, extended repayment terms, and a temporary pause in collection activities due to COVID-19 have slowed the replenishment of funds.
The amendment aims to ensure the continued support of resettled refugees and other newcomers under humanitarian initiatives. The government will incur costs for implementing the amendment and administering the loans, including potential defaults. However, the benefits include facilitating the arrival and integration of vulnerable newcomers who might otherwise struggle to finance their travel and resettlement.
The amendment will not impact Canadian small businesses, and no consultations were conducted as it pertains to an internal process. It does not align with any regulatory cooperation as it is specific to the Canadian context. A strategic environmental assessment was deemed unnecessary, and a gender-based analysis indicated that the amendment would positively affect applicants of all genders, with adults benefiting the most.
The amendment is now in force, and the Department will continue to monitor loan repayments and the total balance of outstanding loans. [Source]
Sagamok Anishnawbek First Nation Adopts First Nations Elections Act for Enhanced Governance Autonomy
The Sagamok Anishnawbek First Nation in Ontario has requested to change its election system from the one outlined in the Indian Act to the First Nations Elections Act. The Minister of Indigenous Services has approved this request, resulting in the revocation of the Indian Act’s election provisions for Sagamok Anishnawbek and the addition of the First Nation to the schedule of the First Nations Elections Act. The first election under the new system is set for August 9, 2024.
The change was made following a resolution by the Sagamok Anishnawbek Council and a community consultation process. This shift is intended to enhance the community’s governance autonomy and better meet its needs. The new election system under the First Nations Elections Act is expected to provide cost savings by requiring general elections every four years instead of every two, allowing for better long-term planning and potential redirection of savings to other community priorities.
The initiative is of interest solely to Sagamok Anishnawbek and does not have broader implications for treaties or require additional consultations. It is also not part of any regulatory cooperation work plan and has no environmental impact. The change supports greater self-determination and may help restore traditional governance roles, including those of women, youth, and elders.
The transition to the First Nations Elections Act is expected to maintain the legitimacy of elected leaders and could attract partnerships and investments. The Orders to amend the election system were made at the request of the First Nation and are not expected to incur any compliance or enforcement costs. Any election disputes will be handled by the First Nation and its appointed electoral officer, with the possibility of contesting elections in federal or provincial courts. Local law enforcement and the Public Prosecution Service of Canada will enforce the offences and penalties outlined in the First Nations Elections Act to deter election misconduct. [Source]
Canadian Medical Devices Regulations Amended for Enhanced Public Health Response
The Canadian government has amended the Medical Devices Regulations to address urgent public health needs beyond COVID-19. The amendments allow the Minister of Health to add medical conditions to the List of Medical Devices for an Urgent Public Health Need if they pose a significant risk to public health and require immediate action. The Minister can also add medical devices or categories of devices to this list if there’s an urgent need related to the specified medical conditions.
The regulations introduce a new requirement for Class I medical device authorization holders to submit an amendment application if they change the device’s medical conditions, purposes, or uses. The Minister now has the authority to refuse amendments to authorizations if the changes make the device unrelated to the medical conditions for which it was initially authorized or to any conditions previously added or currently listed as urgent public health needs.
A prohibition on advertising Class I medical devices has been added if the device is subject to a change that requires an amendment and the authorization has not been amended. This aligns with existing policies for Class II to IV devices.
The amendments also address a policy gap by allowing the Minister to continue reviewing applications even if the device is removed from the urgent need list before a decision is made. Additionally, authorization holders must notify the Minister within 72 hours if a foreign regulatory agency suspends or revokes their device’s authorization.
The regulations clarify post-market reporting obligations, ensuring both the authorization holder and the importer of a Class II, III, or IV medical device report to the Minister any serious risk of injury to human health once the device is removed from the urgent need list.
The amendments aim to provide stability and predictability for Health Canada and stakeholders, ensuring timely access to necessary medical devices during future public health emergencies while maintaining safety and effectiveness standards. The regulations will come into force on the day they are published in the Canada Gazette, Part II. [Source]
Appointment of Minister of Public Safety as Responsible for Federal Public Sector Labour Relations
The Canadian Governor General, upon the Prime Minister’s recommendation, has made changes to the designation of the Minister responsible for matters related to the Federal Public Sector Labour Relations and Employment Board Act and the Federal Public Sector Labour Relations Act. The Minister of Public Safety and Emergency Preparedness has been appointed as the Minister referred to in these Acts. This designation specifies that the Minister, while being a member of the King’s Privy Council for Canada, is not a member of the Treasury Board. Previous Orders in Council that were in effect since November 20, 2019, have been repealed as part of this action. [Source]
Canada’s Online News Act: Criteria and Exemptions for Digital Platforms
The Online News Act Application and Exemption Regulations establish criteria for when the Online News Act applies to digital platforms and how these platforms can be exempt from mandatory bargaining with news businesses. The Act targets large digital platforms, requiring those with over $1 billion in global revenue and significant Canadian user traffic (20 million unique visitors or active users per month) to fairly compensate news businesses for content.
Platforms must notify the Canadian Radio-television and Telecommunications Commission (CRTC) within 180 days if they meet these criteria. For exemption, platforms must demonstrate fair compensation through voluntary agreements with news businesses, ensuring a majority of the compensation supports local, regional, and national news content production. Agreements must also protect journalistic independence and contribute to the sustainability of the Canadian news marketplace.
The regulations detail an open call process for platforms to identify interested news businesses, requiring platforms to publish a notice and list of respondents. A pathway to exemption is outlined where platforms can negotiate with a collective group representing news businesses. This group must distribute compensation equitably, remain open to all eligible news businesses, and cap allocations to broadcasters and the Canadian Broadcasting Corporation.
The regulations aim to provide clarity, support Canadian news businesses, promote diversity, and address bargaining imbalances between platforms and news businesses. The CRTC will enforce compliance, with the ability to issue notices of violation and review exemption orders. The regulations are part of Canada’s commitment to ensuring fair revenue sharing in the digital news ecosystem. [Source]
Canada Sets 2024 for New Francophone Immigration Policy to Boost French Minority Demographics
The Canadian government has set January 1, 2024, as the date for Section 23 of An Act for the Substantive Equality of Canada’s Official Languages to come into force. This section mandates the Minister of Citizenship and Immigration to establish a policy on francophone immigration aimed at enhancing the vitality of French linguistic minority communities in Canada. The policy is intended to restore and increase their demographic weight to the levels of 1971, which was 6.1%.
The policy will include objectives, targets, indicators, mechanisms for information sharing and reporting, and statements recognizing the role of immigration in maintaining or increasing the demographic weight of French linguistic minority communities, as well as its importance to economic development.
The development of this policy will incorporate a gender-based analysis plus (GBA+) to ensure that diverse francophone clients are not adversely affected and that any potential differential outcomes are mitigated. This is particularly relevant in light of criticisms that current immigration programs have disproportionately affected students from French-speaking Africa.
Consultations have been conducted with provincial and territorial ministries responsible for immigration, as well as francophone minority community stakeholders, to inform the development of the francophone immigration policy. [Source]