Highlights

  • ATNV Energy seeks authorization to export electricity to the U.S., with a call for public input on the potential impact and fairness of the opportunity for Canadian buyers.
  • The CITT is addressing trade and classification disputes, including the classification of knives and the impact of imported reinforcing bar and wire rod on Canadian industries.
  • A complaint has been filed with the CITT concerning a government procurement process for tailoring services.
  • The CRTC is managing broadcasting undertakings in Ontario and Quebec.
  • A NAFTA panel has reviewed a U.S. decision on Canadian softwood lumber, with a redetermination expected.
  • A government official has been authorized to participate in a provincial election.
  • Environmental regulations have been updated, removing certain substances from the Non-domestic Substances List.
  • Various government appointments have been announced, covering a wide range of roles and responsibilities.
  • Designations for fingerprint examiners have been made to support law enforcement.
  • Transport safety measures have been enhanced by expanding the compulsory pilotage area.
  • Opportunities for Governor in Council positions have been announced, seeking applications from Canadians.
  • Patent Act amendments are set to introduce additional patent term adjustments in response to CUSMA, with a focus on compensating for patent issuance delays, and will come into force in 2025.

Canadian Regulatory Updates on Energy Export, Trade Inquiries, and Public Service Election Participation

ATNV Energy, LP has applied to the Canada Energy Regulator for authorization to export up to 60,000 MWh of electricity to the U.S. annually for 10 years. Interested parties are invited to submit their views on the application, particularly regarding the impact on other provinces and whether Canadian buyers were given a fair opportunity to purchase the electricity. Submissions are due by June 17, 2024, with the applicant’s response to submissions due by July 2, 2024.

The Canadian International Trade Tribunal (CITT) will hold a public hearing via videoconference on June 6, 2024, to consider an appeal concerning the classification of certain knives as “prohibited weapons” by the Canada Border Services Agency.

The CITT has initiated a preliminary injury inquiry into whether the dumping of concrete reinforcing bar from Bulgaria, Thailand, and the UAE has harmed the Canadian industry. Participants must file their notices by May 16, 2024, and submissions by June 4, 2024.

The CITT determined that the dumping of certain wire rod from China, Egypt, and Vietnam has caused injury or threatens to cause injury to the Canadian industry.

A complaint has been filed with the CITT by Kim Tran Tailoring & Alterations regarding a procurement by the Department of Public Works and Government Services for tailoring services, alleging improper application of evaluation criteria.

The Canadian Radio-television and Telecommunications Commission (CRTC) has posted various decisions and administrative actions concerning broadcasting undertakings in Ontario and Quebec.

A NAFTA binational panel has issued a decision on the U.S. Department of Commerce’s determination on Canadian softwood lumber products, affirming in part and remanding in part, with a redetermination due by August 5, 2024.

David Melanson of Public Services and Procurement Canada has been granted permission and leave by the Public Service Commission to run as a candidate in the Moncton Centre, New Brunswick provincial election. [Source]

Recent Canadian Government Updates on Environmental Protections, Appointments, and Safety Regulations

The Department of the Environment has amended the Non-domestic Substances List, removing certain substances in accordance with the Canadian Environmental Protection Act, 1999. This change coincides with amendments to the Domestic Substances List.

The Department of Industry has announced various appointments across different government departments and agencies. Notable positions include administrators, deputy ministers, commissioners, and judges in various regions and courts of Canada. The appointments cover a range of responsibilities from the Atlantic Pilotage Authority to the Supreme Court of various territories.

The Department of Public Safety and Emergency Preparedness has designated several individuals as fingerprint examiners for the Royal Canadian Mounted Police, Saskatoon Police Service, and Winnipeg Police Service, as per the Criminal Code.

The Department of Transport has issued an Interim Order expanding the compulsory pilotage area in the Pacific Pilotage Authority Region to address urgent safety, health, or environmental risks. This order specifically affects laden crude oil tankers with a summer deadweight tonnage of 40,000 or more.

The Privy Council Office has listed current opportunities for Governor in Council positions, inviting applications from Canadians. These positions span various organizations and roles, including directors, chairpersons, commissioners, and other leadership roles in sectors such as banking, infrastructure, housing, broadcasting, energy, human rights, and more. The closing dates for applications vary, with some as soon as June 7, 2024.

These government notices reflect ongoing efforts to manage environmental protection, judicial appointments, law enforcement capabilities, transportation safety, and leadership in public service. [Source]

Canada Introduces Patent Term Adjustments in Line with CUSMA Requirements

The Canadian government is amending the Patent Act and corresponding Patent Rules to introduce a framework for granting additional patent term adjustments. This change is in response to the Canada–United States–Mexico Agreement (CUSMA), which requires compensation for patent owners when there are unreasonable delays in patent issuance by the granting authority. The amendments, which received royal assent in June 2023, will come into force on January 1, 2025.

The new framework will determine eligibility for additional patent terms, the application process, and the calculation of the term extension. It will also establish fees for applying for an additional term, reconsideration requests, and maintenance fees during the extended term. The rights applicable during the additional term are specified, and mechanisms for reconsideration and legal action to shorten an additional term are provided.

The additional term is available for patent applications filed on or after December 1, 2020. The Commissioner of Patents will issue a certificate of additional term after a determination process, which includes an initial assessment, a preliminary determination, a two-month observation period for submissions, and a final determination.

The number of days to be subtracted from the additional term will be defined by the Patent Rules and will consider periods not attributable to the Canadian Intellectual Property Office (CIPO) or the patent applicant. The fees proposed are $2,500 for standard applications and $1,000 for small entities, with maintenance fees of $1,000 and $400 respectively.

Consequential amendments to other regulations, such as the Patented Medicines (Notice of Compliance) Regulations, the Certificate of Supplementary Protection Regulations, and the Patented Medicines Regulations, will account for the possibility of an additional term.

The amendments aim to make Canada’s patent system more competitive and efficient, potentially attracting new investments and innovations. However, they may also lead to higher costs for consumers due to extended patent terms delaying market competition and the entry of inventions into the public domain.

The regulatory impact analysis considers the benefits and costs to patentees, Canadians, and CIPO over a 10-year period. The amendments are expected to increase CIPO’s revenues from new fees, while implementation costs are estimated at $3.4 million over the same period. The net impact is a negative $1.53 million, primarily due to upfront IT infrastructure investment costs.

The small business lens analysis indicates that small businesses will face increased costs but will also benefit from the new framework. Small entity fees are set at 40% of the standard fee. The one-for-one rule does not apply as the amendments implement a non-discretionary obligation.

The regulatory amendments align with similar frameworks in the United States, Mexico, South Korea, and Japan, although implementation varies across these countries. The amendments will be published in the Canada Gazette, Part II, and stakeholders will have time to prepare for the changes before they come into force. CIPO will provide outreach and notifications regarding the amendments. Service standards for the new fees have been proposed, and CI [Source]

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