Highlights

  • Law enforcement in Canada can now use updated alcohol detection devices, including the Alcotest 6000, to enforce impaired driving laws.
  • The Bank for International Settlements has been granted legal immunities in Canada to facilitate the operation of its Innovation Hub in Toronto.
  • Canada Post has increased postal service rates due to rising operational costs and inflation.
  • The rules of origin regulations under the Canada–Ukraine Free Trade Agreement have been updated to reflect modernized trade terms.
  • Additional vaping duties have been established for certain Canadian provinces to be administered by the Canada Revenue Agency and the Canada Border Services Agency.
  • The Canadian government has waived fees for replacing identity and travel documents lost due to various disasters and conflicts, including the 2021 British Columbia floods, Hurricane Fiona, the 2020 Beirut explosions, and the Russian invasion of Ukraine.
  • The modernized Canada–Ukraine Free Trade Agreement has been implemented, enhancing trade provisions and supporting Ukraine’s economic recovery.
  • The Canadian International Trade Tribunal Procurement Inquiry Regulations have been amended to align with international trade agreements.
  • Canada has imposed sanctions on Iranian individuals and entities in response to an attack on Israeli military targets.
  • The Supreme Court of Canada has amended its rules to include provisions for electronic filing and other procedural updates.

Canada Approves Alcotest 6000 for Law Enforcement to Detect Blood Alcohol Levels

The Approved Screening Devices Order (SOR/2024-66) has been updated to modernize the list of devices law enforcement can use to detect alcohol in a person’s blood. The new order approves 13 devices, including the newly added Alcotest 6000. The previous order from 1985 has been repealed to reflect current drafting practices and the updated Criminal Code provisions from Bill C-46.

The Alcohol Test Committee (ATC), consisting of forensic alcohol scientists and traffic safety experts, recommended the Alcotest 6000 after confirming it meets their standards for accuracy and reliability. A public comment period followed the announcement of the device’s intended approval, with no relevant objections.

The update has cost implications for law enforcement agencies that opt to purchase and train personnel on the new device. However, there are no costs to small businesses, and the one-for-one rule does not apply as there is no change in administrative costs to business.

The order does not impact modern treaty obligations, and a strategic environmental assessment was deemed unnecessary. Gender-based analysis suggests no differential impact based on gender, although men are statistically more likely to be involved in alcohol-impaired driving offenses.

The rationale for the update is to align with efforts to simplify and modernize the impaired driving regime. The ATC’s evaluation ensures that the Alcotest 6000 is suitable for use in enforcing impaired driving laws. Police agencies have the discretion to adopt the use of the Alcotest 6000, with no specific compliance mechanisms required. [Source]

The Bank for International Settlements Privileges and Immunities Order grants the Bank for International Settlements (BIS), its officials, directors, and experts certain legal capacities and privileges and immunities in Canada, as outlined in an agreement for establishing a BIS Innovation Hub in Toronto. The BIS and its personnel are provided with immunity from legal process, inviolability of premises, and exemption from taxes and customs duties for official use. Salaries of BIS officials are exempt from taxation, and officials are granted duty and tax relief on personal effects when first taking up their post in Canada. Family members of officials receive certain immunities and repatriation facilities. These privileges and immunities are not for personal benefit but to facilitate the independent operation of the BIS in Canada. Canadian citizens or permanent residents are not exempt from taxes or duties, and immunity does not cover traffic accidents or offenses. The order is part of Canada’s commitment to host the Innovation Hub, which will focus on research in areas like digital currencies, cybersecurity, and green finance. The hub is expected to enhance Canada’s global reputation and contribute to the green economy, aligning with government priorities. There are no direct costs as the hub is funded through existing resources. The order does not impact small businesses, and no differential impacts based on gender have been identified. The order comes into force upon registration. [Source]

Canada Post Increases Postal Rates Amid Rising Costs

The Canada Post Corporation has amended regulations to increase postal service rates in response to rising operational costs and inflation. The price of a domestic letter stamp will rise to $1.15, while stamps bought in booklets or coils will cost $0.99. Rates for other weight categories and international letter-post items will also see similar increases. The fee for domestic registered mail will go up to $10.50. These changes are set to take effect on May 6, 2024, and are expected to generate an additional $23.8 million in revenue for Canada Post from May 2024 to April 2025.

Public consultations were held following the proposal’s publication, with 22 comments received, mostly from private citizens expressing concerns about the impact on rural, Indigenous, seniors, and low-income populations. Despite these concerns, Canada Post proceeded with the rate increases, deeming them necessary to maintain service levels and financial sustainability.

The amendments are not expected to have modern treaty implications and were not subject to the one-for-one rule as they do not increase administrative costs for businesses. The rate increases will have a modest impact on small businesses, estimated at an additional $12.07 per year in postage costs. The overall impact on the average Canadian household is estimated at $0.65 per year.

The rate adjustments are not part of any international regulatory cooperation and, even with the increases, Canada Post’s rates will remain competitive internationally. A strategic environmental assessment was not required. The new rates will be enforced under the existing Canada Post Corporation Act, with no anticipated change in enforcement costs. Service standards as outlined in the Canadian Postal Service Charter will remain unchanged. [Source]

Modernization of Canada-Ukraine Free Trade Agreement and Updated Rules of Origin Regulations

The CUFTA Rules of Origin Regulations have been updated to reflect the modernized Canada–Ukraine Free Trade Agreement (CUFTA). These changes, which have the force of law in Canada, include provisions from Articles 3.1 to 3.14 and Annexes 3-A and 3-C of the CUFTA. The previous regulations have been repealed.

The modernized CUFTA, signed after negotiations between Canada and Ukraine, includes new and updated chapters, such as those on rules of origin and government procurement. The updated rules of origin allow for materials from non-Parties with which both Canada and Ukraine have free trade agreements to be considered when determining if a product qualifies as originating under CUFTA.

Additionally, the government procurement provisions have been simplified by incorporating the World Trade Organization’s Agreement on Government Procurement (GPA) commitments directly into the CUFTA, as Ukraine is now a party to the GPA.

To implement these changes, amendments to the Canadian International Trade Tribunal Procurement Inquiry Regulations are also required. These amendments will ensure the proper functioning of the modernized CUFTA’s government procurement chapter.

Consultations with stakeholders were held during the CUFTA modernization process, and the regulatory changes were made without prepublication in the Canada Gazette, Part I, due to prior consultations and parliamentary approval of the treaty amendments.

The regulatory changes are not expected to have any adverse impacts on Indigenous rights or small businesses, and they do not introduce any additional administrative burden. The regulations are necessary for Canada to fulfill its international commitments under the modernized CUFTA.

The Canada Border Services Agency (CBSA) will oversee compliance with the new regulations, and the Canadian International Trade Tribunal (CITT) will continue to handle complaints related to federal procurements under Canada’s trade agreement obligations. [Source]

New Vaping Excise Duties Regulations in Canada

The Excise Duties on Vaping Products Regulations establish rules for additional vaping duties in specified Canadian provinces: Ontario, Quebec, the Northwest Territories, and Nunavut. These duties apply to vaping products manufactured in Canada or imported for consumption, use, or sale in these provinces. For personal imports, the duty is imposed if the individual is a resident of the specified province.

The additional duty is calculated based on the amount determined under Schedule 8 of the Excise Act, 2001. A transition period from July 1 to September 30, 2024, allows for the sale and possession of vaping products stamped before July 2024 or imported before that date.

Amendments to related regulations permit possession of vaping products stamped for a different jurisdiction under certain conditions, such as for out-of-province sales or personal use. The financial security required for possessing vaping excise stamps is set at $2 per stamp for coordinated provinces and territories, and $1 per stamp for other jurisdictions.

The regulations are designed to reflect the decision of provinces and territories to join a coordinated vaping product taxation framework, developed in consultation with provincial and territorial governments. The framework aims to minimize compliance burdens by avoiding duplicative provincial requirements. The regulations will be administered by the Canada Revenue Agency and the Canada Border Services Agency as part of the existing vaping excise duty regime. [Source]

Canada Waives Document Replacement Fees for BC Flood Victims

The Canadian government has issued a Remission Order to waive fees for the replacement of identity and travel documents lost, damaged, destroyed, or rendered inaccessible due to the 2021 floods in British Columbia. This applies to passports, certificates of citizenship, permanent resident cards, certificates of identity, and refugee travel documents. To qualify, individuals must have been in the affected areas between November 15, 2021, and May 31, 2022, and applied for replacements within this period. They must also provide a declaration or proof of residence in the affected area. The fee waiver is consistent with the government’s response to past crises and aims to alleviate the financial burden on those impacted by the floods. The total cost of the waived fees is $2,465, which includes various expedited service fees and a consular services fee. The remission will be reported in the annual fees reports and public accounts of Global Affairs Canada and Immigration, Refugees and Citizenship Canada. [Source]

Canada Waives Fees for Document Replacement After Hurricane Fiona

The Canadian government has issued a Remission Order to waive fees for the replacement of identity and travel documents lost, damaged, destroyed, or rendered inaccessible due to Hurricane Fiona. This applies to individuals in Quebec and the Atlantic provinces affected by the hurricane between September 24, 2022, and March 24, 2023. Eligible documents include passports, certificates of citizenship, permanent resident cards, certificates of identity, and refugee travel documents.

To qualify for the fee remission, applicants must have been residents of the affected areas during the specified period and must have applied for a replacement document with the same expiry date as the original. They must also provide a declaration stating their document was compromised due to the hurricane, along with proof of residence or a declaration of being in the affected area at the time of the incident.

The Remission Order covers fees under the Passport and Other Travel Document Services Fees Regulations, Consular Services Fees Regulations, Citizenship Regulations, and Immigration and Refugee Protection Regulations related to permanent resident card replacement.

The initiative aligns with the government’s response to past crises, aiming to alleviate the financial burden on those affected by the natural disaster. The total cost of the fee remission is estimated at $855, which includes various service fees. The remission will be reported in the annual reports and public accounts of Global Affairs Canada and Immigration, Refugees and Citizenship Canada. Consultations were held with relevant government departments to implement this initiative. [Source]

Canada Waives Identity and Travel Document Fees for Beirut Blast Victims

The Canadian government has enacted a Remission Order to waive certain fees for the issuance of identity and travel documents for individuals affected by the August 2020 Port of Beirut explosions. This order applies to passports, certificates of citizenship, permanent resident travel documents, permanent resident cards, and emergency travel documents. To qualify for fee remission, individuals must have been in the affected area between August 13, 2020, and January 31, 2021, and their valid documents must have been lost, damaged, destroyed, or rendered inaccessible due to the explosions. Applications for replacement documents must have been submitted within the same period, accompanied by a declaration of the loss due to the explosions. The remission covers fees for applications received within the specified dates and does not apply to applications in process before August 13, 2020. The total cost of the foregone revenue from the remitted fees is estimated at $10,830. This measure aligns with Canada’s response to crises, where fees for document replacement have been waived in similar situations. The remissions will be reported in the annual reports of Global Affairs Canada and Immigration, Refugees and Citizenship Canada, as well as in their Public Accounts. Consultations were held with relevant government departments in the development of this proposal. [Source]

Canada Waives Fees for Identity and Travel Documents in Response to Ukraine Crisis

The Canadian government has issued a Remission Order to waive certain fees for identity and travel documents in response to the Russian invasion of Ukraine. This order applies to fees for Canadian passports, certificates of citizenship, permanent resident travel documents, emergency travel documents, and consular services. The fee waiver is for applications submitted between February 22, 2022, and March 31, 2023, by Canadian citizens or permanent residents who were in Ukraine or needed to travel urgently due to the invasion, and for Ukrainian nationals applying during a specified early period of the conflict.

The order is part of Canada’s broader efforts to assist Ukrainians and Canadians affected by the conflict, including special immigration measures. It aims to provide financial relief for those needing to replace lost or inaccessible documents or apply for immigration services. The total cost of the waived fees is estimated at over one million Canadian dollars.

The remission only applies to eligible individuals who applied at specific Canadian missions in Poland, Romania, Hungary, or Austria, or to Ukrainian nationals who applied to the Minister of Citizenship and Immigration. The order also includes provisions for reimbursing fees that were paid before the public policy waiving these fees was signed.

The financial implications of the order include foregone revenues for the Canadian government and reimbursements for fees paid by applicants. The remission and reimbursements will be reported in the annual reports of Global Affairs Canada and Immigration, Refugees and Citizenship Canada, as well as in their public accounts. The initiative was developed in consultation with various government departments and agencies. [Source]

Modernized Canada-Ukraine Free Trade Agreement Enacted to Enhance Economic Ties and Support Recovery

The Canadian government has enacted the Canada–Ukraine Free Trade Agreement Implementation Act, 2023, which brings into force the modernized Free Trade Agreement (FTA) between Canada and Ukraine. This updated agreement includes new chapters on services, investment, business travel, telecommunications, financial services, and regulatory practices, as well as enhancements to existing provisions on digital trade, competition, procurement, and standards for environment and labor. The Act also outlines the role of the Minister for International Trade in overseeing the agreement’s implementation and establishes a complaints process for responsible business conduct. Amendments to existing Canadian laws have been made to align with the modernized FTA, and the previous 2017 Canada–Ukraine FTA Implementation Act will be repealed. The modernized FTA is expected to provide commercial benefits and support Ukraine’s economic recovery post-conflict. Public consultations showed support for the agreement, and relevant costs will be covered within existing budgets of Global Affairs Canada and other departments. [Source]

Amendments to Canadian Trade Tribunal Regulations Reflect Updated CUFTA and International Agreements Compliance

The Canadian International Trade Tribunal Procurement Inquiry Regulations have been amended. The definition of the Canada–Ukraine Free Trade Agreement (CUFTA) has been updated to reflect the agreement as done in Ottawa. The regulations now specify that any contract or class of contract related to the procurement of goods or services as described in various international agreements, including the Agreement on Government Procurement and others like CCFTA, CPFTA, CCOFTA, CPAFTA, CHFTA, CKFTA, CETA, CFTA, and TPP, awarded by a government institution, is considered a designated contract.

The amendments also update the lists of federal government entities and enterprises that are subject to these procurement regulations as per the schedules and annexes of the aforementioned international agreements. Additionally, the regulations clarify that complaints can be made concerning any aspect of the procurement process of a systemic nature, and that the Tribunal will consider whether the procurement has been conducted in accordance with the relevant international agreement when reviewing complaints.

The changes to the regulations will take effect on the day the Canada–Ukraine Free Trade Agreement Implementation Act of 2023 comes into force, or if registered later, on the day of registration. [Source]

Canada Imposes Sanctions on Iranian Individuals and Entities After Attack on Israeli Targets

The Canadian government has amended the Special Economic Measures (Iran) Regulations to impose sanctions on two individuals and two entities in response to Iran’s attack on Israeli military targets on April 14, 2024. This attack, which involved drones and missiles, was coordinated with Iran’s allies and proxies, and is considered a grave breach of international peace and security. The sanctions prohibit any dealings with the property of, transactions with, or services to the listed individuals and entities, and make them inadmissible to Canada under the Immigration and Refugee Protection Act.

These measures align with international condemnation of Iran’s actions and are part of a coordinated effort with allies like the United States and the United Kingdom to counter Iran’s destabilizing influence in the Middle East. The sanctions build on previous Canadian actions against Iran, including sanctions in response to human rights violations and designating Iran as a supporter of terrorism under the State Immunity Act.

The regulatory impact of these sanctions is expected to be minimal, as the targeted individuals and entities have limited connections to Canada. The sanctions are unlikely to significantly impact Canadian businesses or the Canadian economy. Financial institutions will need to update their monitoring systems to comply with the new sanctions, but this is anticipated to incur only minor compliance costs.

The amendments were made without public consultation due to the urgency of the situation and to prevent asset flight. They do not create new administrative burdens for businesses and are not expected to result in permit applications or disclosures. The sanctions are consistent with Canada’s international commitments and do not require a strategic environmental assessment or have significant gender-based impacts. Enforcement will be carried out by the Royal Canadian Mounted Police and Canada Border Services Agency, with penalties for non-compliance including fines and imprisonment. [Source]

Amendments to the Supreme Court of Canada’s Rules on Electronic Filing, Service, and Hearing Preparations

The Supreme Court of Canada has made amendments to its rules, which include the following key changes:

  1. The definition of “person” now includes a body politic or corporate, His Majesty the King, and an attorney general.
  2. An “electronic filing portal” is defined for document submissions.
  3. Parties, other than individuals, must file a bilingual notice of name with the Registrar, which can be considered permanent for future matters.
  4. Documents can be filed through the electronic filing portal, by fax, email, hand delivery, or mail, with specific provisions for the filing of certain documents.
  5. Documents filed electronically are deemed filed on the day received unless it’s a holiday, with the time of receipt based on the Eastern time zone.
  6. Original and bound copies of electronically filed documents must be submitted within five business days by hand delivery, mail, or courier.
  7. Service of documents is deemed on the day of receipt, with provisions for service outside of business hours or on holidays.
  8. Interveners have specific timelines for serving and filing documents based on their type of intervention.
  9. Legislative enactments referred to in documents must be listed with hyperlinks in both official languages if required by law.
  10. Parties must provide a condensed book of excerpts for oral arguments at hearings, including a two-page outline of the argument.
  11. Counsel names for court appearances must be provided to the Registrar four weeks before the hearing.
  12. Updates to forms and schedules in the rules reflect these changes, including adjustments to disbursement taxation and electronic document preparation fees.

These amendments will take effect on June 3, 2024, or on the registration date if registered after June 3. [Source]

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