Highlights

  • The Canada Revenue Agency is revoking the registration of the Ontario DeMolay Foundation for non-compliance.
  • The Canadian International Trade Tribunal is reviewing appeals and complaints regarding the classification of a fitness mirror, procurement practices for building materials and office furniture.
  • The International Joint Commission is addressing water pollution in the Elk-Kootenay/i watershed with a new governance body and study board.
  • A government employee has been granted leave to participate in a provincial election.
  • An assessment of 22 substances found them to pose low risk to human health and the environment.
  • Critical habitat for the Spotted Gar fish is now protected under federal law.
  • Public input is sought on a potential Free Trade Agreement with Ecuador and its impacts.
  • Proposed regulatory amendments aim to harmonize rights for Facility Fire Brigade members and update references in nuclear and uranium regulations.
  • New rules are proposed for court martial proceedings to enhance fairness and judicial independence.
  • Proposed zoning regulations at Vancouver International Airport aim to protect future runway sites, mitigate wildlife hazards, and align with current aviation standards.

Recent Actions by Canadian Regulatory Bodies and Commissions

The Canada Revenue Agency has announced its intention to revoke the registration of the Ontario DeMolay Foundation, a charity based in Nepean, Ontario, due to non-compliance with the Income Tax Act.

The Canadian International Trade Tribunal (CITT) will conduct a public hearing via videoconference to review an appeal by Canadian Tire Corporation, Limited, regarding the classification of an Echelon Reflect touchscreen fitness mirror for customs purposes. The dispute centers on whether the item should be classified as a monitor, physical exercise equipment, an input/output unit, or a monitor for automatic data processing machines, and whether it qualifies for a specific tariff benefit.

The CITT has also received a complaint from Synergy of Halifax, Nova Scotia, about a procurement by Public Works and Government Services Canada (PWGSC) for building materials for cabin construction on behalf of Parks Canada Agency. Synergy claims their bid was wrongly deemed non-responsive. An inquiry into the complaint has been initiated.

Another complaint received by the CITT involves Global Total Office (GTO) of Toronto, Ontario, concerning a Department of National Defence (DND) procurement for office furniture. GTO alleges improper solicitation practices, including private issuance to select bidders, lack of clear specifications, and issues with the award and rescindment of the contract, which they claim led to an unfair second procurement process. The CITT has decided to conduct an inquiry into this complaint as well.

The International Joint Commission (IJC) has been tasked by the Canadian and United States governments, in partnership with the Ktunaxa Nation, to address transboundary water pollution in the Elk-Kootenay/i watershed. The IJC will help establish a governance body, develop its Terms of Reference, and create a study board to share data and knowledge about pollution impacts. The study board will report back with findings and recommendations within two years.

Lastly, the Public Service Commission of Canada has granted Veronique Arsenault, an employee of Employment and Social Development Canada, permission to seek nomination and be a candidate in the upcoming provincial election in Miramichi East, New Brunswick, and has approved a leave of absence for the election period. [Source]

Canadian Environmental Assessments and Policy Updates on Substances, Species Protection, and Trade

The Canadian Environmental Protection Act, 1999 (CEPA) has concluded the assessment of 22 substances from the Acids and Bases Group on the Domestic Substances List. Six substances, including hydroxylammonium chloride and various chlorine-related chemicals, were previously assessed for ecological concerns but lacked a human health conclusion. Now, it’s determined they do not pose a risk to human health under CEPA criteria. The remaining 16 substances, categorized into subgroups like ammonia, sulphite, hydrogen and hydroxide, phosphate, and nitrate and nitrite, also do not meet the criteria for environmental harm. These substances are commonly used in various industries, including manufacturing, food packaging, and as additives in products like pesticides and cosmetics. The assessment considered their transformation in water, environmental fate, and behavior, concluding a low risk of harm to the environment or human health.

The Department of Fisheries and Oceans, along with Parks Canada Agency and Environment and Climate Change Canada, have identified critical habitat for the threatened Spotted Gar fish in specific federally protected areas. This habitat is now protected under the Species at Risk Act.

The Department of Industry has received a petition concerning Telecom Decision CRTC 2023-358, which involves the wholesale high-speed access service framework. Comments on this petition are open to the public until a specified date.

The Sept-Îles Port Authority has been issued supplementary letters patent by the Minister of Transport, allowing the acquisition of two additional immovable properties, with the amendment effective upon registration of the land titles.

Global Affairs Canada announces its intent to conduct impact assessments, including environmental and gender-based analysis plus (GBA+), for a potential Free Trade Agreement (FTA) with Ecuador. Public consultations are open to gather input on the potential environmental, gender, and inclusivity impacts of the FTA.

The Privy Council Office lists current opportunities for Canadians to apply for various Governor in Council positions across different organizations, emphasizing a merit-based, transparent process that values diversity. [Source]

Proposed Regulatory Amendments for Facility Fire Brigade Rights and Nuclear Regulations in Canada

The Canadian government is proposing regulatory amendments to harmonize the rights of Facility Fire Brigade (FFB) members across nuclear power plants in Canada and to update outdated references in regulations concerning nuclear power plants and uranium mines under the Canada Labour Code and the Non-smokers’ Health Act. The amendments aim to align the right to refuse dangerous work for FFB members in Ontario with those in New Brunswick, where it is already limited to normal conditions of employment. The changes will also allow the regulations to apply to potential future nuclear facilities in both provinces.

The proposal includes repealing four existing regulations for Ontario and replacing them with a single set, updating definitions, and removing outdated provisions. Similarly, the set of regulations for New Brunswick will be updated to remove specific references to the Point Lepreau facility, allowing for broader application. For uranium mines, the amendments will update references to provincial legislation in Saskatchewan and repeal an obsolete order for Ontario, as there are no active uranium mines there.

Consultations with stakeholders, including employers, unions, and government organizations, have been conducted, with general support for the proposed changes. The amendments are not expected to impose additional costs and are not related to any formal regulatory cooperation forum. They are also not expected to disproportionately impact any groups, including Indigenous organizations, as there are no nuclear power plants or uranium mines owned or operated by them.

The proposed regulations will come into force on the day they are published, with no additional inspectors anticipated to be needed due to the administrative nature of the changes. Public comments on the proposed regulations are invited within a 30-day period. [Source]

Canadian Government Proposes Regulations for Ontario Nuclear Power Plants Under Labour and Health Acts

The Canadian government proposes the Ontario Nuclear Power Plant Exclusion Regulations, which will affect the application of the Canada Labour Code and the Non-smokers’ Health Act to nuclear power plants in Ontario. These regulations define a nuclear power plant as a Class IA nuclear facility in Ontario constructed for commercial electricity or heat generation.

For industrial relations, employment at these nuclear power plants will be governed by Ontario’s Labour Relations Act, 1995, with certain adaptations, such as including supervisors as employees and referencing the Canadian Human Rights Act instead of the Human Rights Code.

Regarding occupational health and safety, the Ontario Occupational Health and Safety Act will apply, with specific adaptations to include members of on-site nuclear response forces and facility fire brigade members. References to provincial offenses will be read as references to sections of the Criminal Code. However, if there’s any inconsistency between these regulations and the Nuclear Safety and Control Act, the latter will prevail.

For labour standards, the Employment Standards Act, 2000 of Ontario will apply, excluding subsection 3(2) and Part XIII, with the Canada Labour Code sections 265 to 267 still applicable.

In terms of smoke-free workplaces, the Smoke-Free Ontario Act, 2017 will be relevant to smoking at workplaces related to nuclear power plants, with an adaptation to include references to the Nuclear Safety and Control Act.

The regulations also repeal previous orders and regulations related to Ontario Hydro nuclear facilities and come into force on the day of their publication in the Canada Gazette, Part II.

Public comments on the proposed regulations are invited within 30 days of the notice’s publication, with guidelines provided for submitting comments, including terms of use and privacy notice. [Source]

Proposed Amendments to Saskatchewan Uranium Mines Regulations for Enhanced Legislative Alignment

The Canadian government is proposing amendments to the Saskatchewan Uranium Mines and Mills Exclusion Regulations under the authority of the Canada Labour Code. The proposed changes include updating the definition of employment to reflect current legislation, specifically referencing the holder of a surface lease under The Provincial Lands Act, 2016, or The Forest Resources Management Act. The amendments also involve updating the applicable acts and regulations that govern employment in uranium mines and mills, such as The Boiler and Pressure Vessel Act, The Electrical Code Regulations, and The Saskatchewan Employment Act, among others. Certain sections and parts of these acts and regulations are excluded from application.

The proposed amendments will come into effect on the day they are published in the Canada Gazette, Part II. Interested parties have 30 days from the notice’s publication to make representations. Comments can be submitted online, via email, or by mail, and should adhere to specific guidelines, avoiding personal information, hate speech, and other inappropriate content. The regulatory impact analysis statement for these amendments can be found in the New Brunswick Nuclear Power Plant Exclusion Regulations documentation.

The notice also includes terms of use and a privacy notice, outlining the rules for public commenting and the handling of personal information, which is collected under various acts for the purpose of regulatory transparency. Comments will be publicly posted on the Canada Gazette website, and personal information will be protected according to the Privacy Act. [Source]

Proposed New Rules of Practice and Procedure for Canadian Military Courts

The Chief Military Judge of Canada has proposed new Rules of Practice and Procedure to replace the current administrative Court Martial Rules of Practice, which are not legally enforceable. The existing rules, established in 2002, require military judges to negotiate their own rules with counsel, which compromises judicial independence. The proposed rules aim to enhance fairness, consistency, and efficiency in court martial proceedings.

The new rules would apply to all proceedings under the National Defence Act presided over by a military judge. They would mandate procedures for citing authorities, service of documents, coordinating and pre-trial conferences, requests for interpreter services, applications to military judges, substitutions of prosecutors, withdrawal of counsel for the accused, and public access to exhibits and documents.

The Department of National Defence consulted with the Court Martial Rules Committee, which includes representatives from various military legal offices, to develop the proposed rules. The rules do not have modern treaty implications or obligations and are not subject to the small business lens or the one-for-one rule. They are expected to improve accountability and reduce procedural delays without incurring additional costs.

The proposed rules would come into force upon publication in the Canada Gazette, Part II, and would be enforced by the presiding military judges. Coordination activities will ensure effective implementation, with prior notification provided to relevant military legal authorities. Public comments on the proposed rules are invited within 30 days of the notice’s publication. [Source]

Vancouver International Airport Zoning Regulations for Future Runway Protection and Safety Enhancements

The proposed Vancouver International Airport Zoning Regulations aim to ensure the airport’s future viability and safe operations by restricting land use and the heights of buildings, structures, and objects near two potential areas for future runway development. The regulations address three main issues:

  1. Protecting potential runway sites: The Vancouver Airport Authority has identified the need for an additional runway in about 30 years and has proposed two locations within the airport boundaries. To maintain flexibility for future development, both locations are included in the zoning protection, despite the likelihood that only one will be chosen. Without these restrictions, the rapid development in surrounding municipalities could prevent future runway construction.

  2. Mitigating wildlife hazards and communication interference: The regulations update existing restrictions to address modern safety hazards. They prohibit land uses that attract wildlife, particularly birds, which pose a risk to aircraft safety. They also introduce a new provision to prevent interference with signals or communications to and from aircraft, which is critical for safe navigation, especially in poor visibility.

  3. Aligning with current standards: The regulations update terminology to align with the International Civil Aviation Organization standards and recommended practices, ensuring consistency with current domestic and international aviation standards.

The regulations will not impact existing buildings, structures, or land uses, as these will be considered legally non-conforming and thus exempt from the new restrictions. The proposed regulations also include exception areas (“bump-outs”) within the City of Richmond, where construction to a height higher than the standard zoning limit will be permitted to accommodate specific development plans without compromising safety.

Consultations with local municipalities, land developers, and Indigenous communities have been conducted to address concerns and incorporate feedback. The regulations will come into force once the required documentation is deposited in the local land titles office. Enforcement will be the responsibility of Transport Canada, with the Airport Authority monitoring compliance. Violations may result in fines or enforcement actions to ensure adherence to the regulations. [Source]

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