Highlights

  • The Canadian government has made regulatory changes to facilitate the disposal of prohibited firearms by businesses and ensure public safety.
  • Amendments to the Canada Turkey Marketing Levies Order and Canadian Chicken Licensing Regulations have been made to adjust levy rates and licensing processes for poultry marketing.
  • The Canadian Turkey Marketing Agency updated turkey marketing quotas for provinces to reflect market changes.
  • New fines have been introduced for offenses in the Rouge National Urban Park to improve compliance and park protection.
  • Canada Growth Fund Inc. and CDEV are exempt from certain transaction authorization requirements to facilitate operations related to the Trans Mountain Pipeline.
  • Additions to the Domestic Substances List have been made under the Canadian Environmental Protection Act, 1999.
  • The Canadian Explosives Regulations, 2013, have been updated to enhance safety and reduce administrative burdens.
  • Immigration and Refugee Protection Regulations have been amended to streamline the removal order process for certain types of inadmissibility.
  • Implementation of provisions related to the Customs Act under the CARM project has been postponed due to potential labor disruptions.
  • Sanctions have been imposed on individuals associated with Hamas following terrorist attacks against Israel.
  • The Supplementary Death Benefit Regulations have been modernized to simplify beneficiary designations and reduce administrative burdens.
  • Certain lands in Nunavut have been withdrawn from disposal to support the conclusion of Indigenous land agreements.

Canada Extends Amnesty Period and Eases Disposal of Prohibited Firearms for Businesses

The Canadian government has amended the Order Declaring an Amnesty Period (2020) to facilitate the lawful disposal of prohibited firearms and devices by businesses during the amnesty period, which now expires on October 30, 2025. The amendments allow businesses to transport these items to shipping service providers for destruction or deactivation, and protect those providers while they handle the items. The changes also clarify that businesses licensed to deactivate firearms are protected while performing this service. These amendments aim to encourage compliance with firearm regulations, reduce the burden on law enforcement, and enhance public safety by providing a secure and convenient way for businesses to remove prohibited items from circulation. The amendments do not introduce new administrative burdens for businesses and are not subject to public comment due to their remedial nature. They also consider gender and geographic impacts, as firearm ownership is more prevalent among men and in rural areas. Compliance with the disposal of prohibited items is voluntary, and those in possession of such items after the amnesty period may face criminal liability. [Source]

Extension of Canada Turkey Marketing Levies Expiration Date to 2028

The Canadian Turkey Marketing Agency has amended the Canada Turkey Marketing Levies Order (2019) to establish a new expiration date for certain levies. The amendment specifies that paragraph 2(b) and section 4 of the order, which pertain to marketing levies, will cease to be effective on December 31, 2028. This change comes into force on the day it is registered. The National Farm Products Council has approved this amendment, confirming it is necessary for the implementation of the marketing plan that the Agency is authorized to implement. [Source]

Amendments to Canadian Chicken Licensing Regulations Enhance Oversight and Compliance

The Canadian Chicken Licensing Regulations have been amended to reflect changes recommended by the Standing Joint Committee for the Scrutiny of Regulations and Chicken Farmers of Canada. The definition of producer-processor has been removed, and the regulations now explicitly prohibit anyone from engaging in the marketing of chicken in interprovincial or export trade without a license. The process for issuing licenses has been updated, requiring Chicken Farmers of Canada (CFC) to issue a license within 30 days of receiving a completed application and fee, with conditions for suspension or revocation of licenses if certain compliance issues are not corrected within 90 days of notice. Additionally, the regulations now specify that licenses must be revoked if the licensee has had two suspensions in the previous 24 months, and there are new stipulations for refusing to issue or renew licenses related to previous revocations or non-compliance by associates or affiliated bodies. There are also provisions that protect licensees from suspension, revocation, or refusal to renew if they can prove non-compliance was due to unforeseeable events beyond their control. The amendments come into effect on the day they are registered. [Source]

Adjustment of Chicken Marketing Levy Rates in Canada by Province

Chicken Farmers of Canada (CFC) has amended the Canadian Chicken Marketing Levies Order to adjust the levy rates paid by chicken producers in various provinces for marketing chicken in interprovincial or export trade. The new levy rates per province are as follows: Ontario 2.71 cents, Nova Scotia 1.59 cents, Manitoba 2.26 cents, British Columbia 2.06 cents, Prince Edward Island 2.11 cents, and Saskatchewan 1.87 cents. These changes will take effect on May 5, 2024, or on the registration date if registered after May 5. The amendment is made under the authority of the Farm Products Agencies Act and is approved by the National Farm Products Council as necessary for the implementation of CFC’s marketing plan. [Source]

Adjustment of Chicken Levy Rate for Quebec Producers by Chicken Farmers of Canada

Chicken Farmers of Canada (CFC) has amended the Canadian Chicken Marketing Levies Order to adjust the levy rate for chicken producers in Quebec. The new levy rate is set at 2.27 cents for producers in the province who market chicken in interprovincial or export trade. This amendment is made under the authority of the Farm Products Agencies Act and the Chicken Farmers of Canada Proclamation. The National Farm Products Council has approved the amendment, confirming its necessity for the implementation of CFC’s marketing plan. The amended levy rate will come into effect on May 5, 2024, or on the registration date if registered after May 5. [Source]

Canadian Turkey Marketing Agency Updates Provincial Quotas for 2024-2025

The Canadian Turkey Marketing Agency has amended the Canadian Turkey Marketing Quota Regulations, 1990, to update the provincial turkey marketing quotas for the control period from April 28, 2024, to April 26, 2025. This change reflects a significant shift in the size of the turkey market. The new quotas specify the pounds of turkey allocated to each province, with Ontario receiving the largest allocation followed by Quebec, British Columbia, Alberta, Manitoba, Saskatchewan, Nova Scotia, and New Brunswick. The total market allotment across all provinces is set at 369,801,755 pounds. The amendment is made under the authority of the Farm Products Agencies Act and the Canadian Turkey Marketing Agency Proclamation, and it has been approved by the National Farm Products Council. The regulations come into force on the day they are registered. [Source]

Canada Amends Regulations to Enforce Fines for Offenses in Rouge National Urban Park

The Canadian government has amended the Contraventions Regulations to include certain offenses under the Rouge National Urban Park Act (RNUPA) as contraventions, allowing park wardens to issue tickets and fines for these offenses. This change provides an alternative to the more complex and severe summary conviction procedure of the Criminal Code. The amendment introduces fines ranging from $300 to $750 for various offenses, such as trafficking in wildlife, hunting, dumping substances, and damaging park property.

Public consultation showed support for the amendments, with suggestions for Parks Canada to use signage and educational campaigns to inform the public about the new fines. The amendments do not create new offenses or burdens but simply designate existing RNUPA offenses as contraventions to facilitate enforcement. The First Nations Advisory Circle was consulted, and their rights to practice Indigenous activities in the park were reaffirmed.

The regulatory changes are expected to improve compliance and protection of the park without imposing additional administrative or compliance burdens on small businesses. The one-for-one rule does not apply as there is no change in administrative burden. The amendments are not part of any international regulatory cooperation. A strategic environmental assessment was deemed unnecessary, and no differential impacts based on gender or identity factors are anticipated. The amendments will be effective upon registration and aim to enhance the effectiveness of park wardens in promoting compliance with park regulations. [Source]

Canada Eases Regulations for Crown Corporations to Expedite Trans Mountain Pipeline Transactions

The Canadian government has amended the Crown Corporation General Regulations, 1995, to exempt Canada Growth Fund Inc. and Canada Development Investment Corporation (CDEV), specifically for transactions related to the Trans Mountain Pipeline System’s operation or divestiture, from the requirement to seek Governor in Council authorization for certain transactions. This change is to facilitate the operationalization and potential divestiture of the pipeline system, which is expected to be completed in the second quarter of 2024.

The amendment allows CDEV and its subsidiaries, including Trans Mountain Corporation (TMC), to conduct business at a competitive pace in the energy sector without delays caused by seeking approvals for routine transactions. This includes activities like creating subsidiaries for marketing spare pipeline capacity, enhancing insurance coverage, and setting up a special purpose vehicle (SPV) for Indigenous economic participation in the pipeline system.

The Trans Mountain Expansion Project (TMEP) is a significant investment by the government, expected to create jobs, increase tax revenue, and contribute to GDP growth. It also aims to facilitate reconciliation with Indigenous communities through economic participation.

The amendment will enable CDEV and its subsidiaries to act swiftly in the competitive energy sector and engage in necessary transactions for the pipeline’s operation and divestiture, such as creating new subsidiaries or reorganizing assets, without the need for individual transaction approvals from the Governor in Council. This is intended to maintain the competitiveness of TMC and ensure timely progress in sharing the economic benefits of TMEP with Indigenous groups.

The regulatory impact analysis indicates that the amendment will not impose costs on small businesses or administrative burdens. It also states that the amendment will not impact rights protected by section 35 of the Constitution Act, 1982, or modern treaties. Compliance and accountability will continue through standard mechanisms for Crown corporations, including submissions of corporate plans, annual reports, and audits. [Source]

Canada Expands Domestic Substances List with New Chemical Entries

The Minister of the Environment has approved amendments to the Domestic Substances List (DSL) under the Canadian Environmental Protection Act, 1999. These amendments include the addition of several new substances to Part 1 of the DSL, listed by their numerical identifiers. Additionally, Part 3 of the DSL is updated with new entries that describe complex chemical substances, including polymers and waste plastic compounds. The substances have been added because they have been manufactured or imported into Canada in significant quantities and have passed the required assessment period without any conditions being imposed. The Order comes into effect on the day it is registered. [Source]

Canada Updates Domestic Substances List with New Chemicals and Organisms

The Canadian Environmental Protection Act, 1999 (CEPA) has been updated to include 16 new substances (10 chemicals and polymers, and 6 living organisms) to the Domestic Substances List (DSL) following an assessment by the Minister of the Environment and the Minister of Health. These substances, which were previously not listed, have been added because they have been manufactured or imported into Canada and have met the necessary criteria for listing, including the absence of any imposed conditions on their use.

The DSL serves as an inventory of substances that are legally recognized as being present in the Canadian marketplace. It is divided into eight parts, with Parts 1, 3, 5, and 7 being relevant to the current update. The newly added substances include both those identified by specific names and those with masked names to protect confidential business information.

The addition of these substances to the DSL means they are no longer subject to the New Substances Notification Regulations (Chemicals and Polymers) or the New Substances Notification Regulations (Organisms). This change is expected to facilitate business access to these substances, as they will no longer be subject to the same notification and assessment requirements as new substances.

The orders to amend the DSL do not introduce any new regulatory requirements and therefore do not impact modern treaty rights or obligations. They also do not impose any administrative or compliance costs on businesses, and no public consultation period was deemed necessary prior to their addition. The orders are considered administrative in nature and are part of the federal obligation under CEPA to update the DSL when substances meet the criteria for addition. Compliance with the orders is enforced in accordance with the Canadian Environmental Protection Act: compliance and enforcement policy. [Source]

Amendments to Canadian Explosives Regulations for Enhanced Safety and Reduced Burden

The Canadian Explosives Regulations, 2013, are being amended to enhance safety, streamline requirements, and reduce administrative burdens. Key changes include:

  1. Defining “misfire” and including UN 3375 (Ammonium Nitrate Emulsion) as an explosive.
  2. Allowing persons under 18 to possess certain cartridges for sanctioned historical re-enactments.
  3. Authorizing explosives based on foreign state tests or classifications.
  4. Permitting the Department of National Defence to import and transport certain explosives without a permit, using commercial carriers under specific conditions.
  5. Creating a new classification for low-risk fireworks called “novelty devices” and setting out requirements for their sale and use.
  6. Aligning with the Transportation of Dangerous Goods Act and Regulations by updating transportation requirements for explosives.
  7. Increasing the minimum age for hazardous work involving explosives from 17 to 18 years.
  8. Streamlining transportation exceptions for Mobile Process Units and oversized loads.
  9. Enhancing requirements for mixing and using reactive targets, including limiting the quantity that can be mixed or stored.
  10. Replacing annual reporting requirements with record-keeping obligations.
  11. Updating terms and conditions for issuing, refusing, and canceling licenses, permits, and certificates.
  12. Expanding screening requirements for approval letters and recognizing the U.S. ATF Employee Possessor Clearance as an equivalent document.
  13. Adjusting storage limits for black powder and reactive targets.
  14. Modernizing language, removing obsolete provisions, and correcting discrepancies between English and French texts.

The amendments aim to improve regulatory efficiency and maintain high safety and security standards for the Canadian explosives sector. Compliance and enforcement activities will commence upon the amendments’ coming into force, with NRCan updating guidance materials and engaging with stakeholders to ensure awareness and compliance. [Source]

Canada Streamlines Removal Orders for Certain Inadmissible Foreign Nationals

The Canadian government has amended the Immigration and Refugee Protection Regulations to streamline the process of issuing removal orders for certain types of inadmissibility. The authority to issue removal orders for three specific scenarios has been transferred from the Immigration Division (ID) of the Immigration and Refugee Board (IRB) to the Minister’s Delegate (MD), which includes officials from the Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC). This change is intended to expedite the removal of foreign nationals who are inadmissible due to relatively straightforward reasons, without the need for a more complex and time-consuming admissibility hearing by the ID.

The three scenarios covered by the amendments are:

  1. Misrepresentation of visa-exempt status on an electronic travel authorization (eTA) application.
  2. Failure to appear for a required medical examination.
  3. Failure to appear for examination at a designated port of entry.

The amendments also include a transitional provision clarifying that the new rules apply to foreign nationals who have not yet been referred to the ID for an admissibility hearing before the amendments come into force.

The rationale behind these changes is to protect the integrity and efficiency of Canada’s immigration system by reducing the time and resources spent on cases that can be straightforwardly determined by the MD. This is in line with the government’s commitment to modernize border management and immigration enforcement, as well as to address recommendations from the Standing Senate Committee on National Security and Defence regarding the timely removal of inadmissible persons.

The amendments are not expected to have any impact on Indigenous groups or modern treaty obligations. They are also not anticipated to have any differential impacts based on gender or other identity factors. The changes will not affect the grounds of inadmissibility themselves but will simply alter who has the authority to issue the removal orders in the specified scenarios. The CBSA has updated its operational guidance to reflect these changes, which will take effect upon publication in the Canada Gazette, Part II. [Source]

Canada Delays Customs Act Provisions Due to Potential Strike, Sets New CARM Launch Date

The Canadian government has postponed the implementation of certain provisions of the Budget Implementation Acts of 2021 and 2022 related to the Customs Act. The new effective date is October 21, 2024, moved from the original date of May 13, 2024. This delay is due to a potential strike by the Public Service Alliance of Canada, which could affect a significant number of Canada Border Services Agency (CBSA) employees.

The provisions in question are part of the CBSA’s Assessment and Revenue Management (CARM) project, a major initiative to modernize the assessment and collection of duties on imported goods. The project aims to update accounting practices, increase accountability, and facilitate trade.

Despite the delay in the external launch, the CBSA will internally implement CARM on the originally planned date to enhance compliance and enforcement. This internal launch will not affect trade chain partners (TCPs), who will continue to use existing systems and processes until the new launch date.

The government has decided that it is important to synchronize the legal obligations with the availability of the CARM system for TCPs. The delay ensures that CBSA employees will have sufficient time to assist TCPs with the transition to the new system, even if a strike occurs.

Throughout the development of CARM, the CBSA has engaged in extensive consultations and testing with industry partners. A significant number of importers are already registered with CARM, and no additional changes to the system are expected that would impact stakeholders who are prepared for the implementation.

The CBSA will maintain support for TCPs as they prepare for the CARM system’s external launch in October 2024. [Source]

Canada Imposes Sanctions on Individuals Linked to Hamas Following Terrorist Attacks on Israel

The Canadian government has amended the Special Economic Measures (Hamas Terrorist Attacks) Regulations in response to the terrorist attacks by Hamas against Israel on October 7, 2023. These attacks, which resulted in significant loss of life and human rights violations, are considered a grave breach of international peace and security. The amendments include a dealings ban on four individuals who have provided military training and resources to Hamas, thereby facilitating the group’s attacks on Israel. The sanctions aim to counter Hamas’ operations and financial capabilities, as well as to protect Canada’s financial system from being exploited by these individuals.

The prohibitions prevent any person in Canada or Canadian abroad from engaging in transactions with, providing services to, or dealing in any way with the property of the listed individuals. The measures also make these individuals inadmissible to Canada under the Immigration and Refugee Protection Act. Listed persons may petition the Minister of Foreign Affairs for removal from the sanctions list.

The government did not conduct public consultations due to the urgency of the situation and to prevent asset flight. The sanctions are expected to have minimal impact on Canadian businesses and the economy, as the individuals have limited connections to Canada. Financial institutions will need to comply with the sanctions, which may incur some compliance costs.

The sanctions align with international efforts by Canada’s allies to disrupt Hamas’ financial networks and are consistent with actions taken by countries such as Australia, Japan, the European Union, the United Kingdom, and the United States. The measures are not expected to have significant environmental effects or impact vulnerable groups disproportionately. 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]

Modernization of Canada’s Supplementary Death Benefit Regulations

The Canadian government has updated the Supplementary Death Benefit (SDB) Regulations to modernize the administration of the SDB, which is similar to a term life insurance for public service pension plan members. The amendments allow participants to name up to five beneficiaries, including minors and registered charitable organizations, but not corporations. The process for designating beneficiaries has been simplified by removing the need for a prescribed form and allowing for digital submissions. The changes aim to increase the rate of beneficiary designations, reduce administrative burdens, and improve the efficiency of the SDB administration, which is expected to result in long-term savings for the plan.

The amendments also include updates to the language used in the regulations to make it gender-neutral and clarify certain terms. The changes are part of a broader effort to modernize government services and align with industry standards. The new regulations will come into force on June 1, 2024, or on the day they are registered if that occurs after June 1. The updates will be implemented within the existing digital framework of the public service pension portal, and the costs associated with these changes have already been accounted for within the existing operating resources of Public Services and Procurement Canada (PSPC).

The amendments are expected to benefit plan members by providing a more convenient and flexible process for designating beneficiaries and by reducing reliance on paper-based processes. The government anticipates that this will lead to a higher rate of valid beneficiary designations and a reduction in the number of unpaid benefits due to “cold cases” where beneficiaries cannot be located. The changes do not impact benefit liabilities to the public service pension plan and are not expected to affect small businesses or require additional consultation under modern treaty obligations. [Source]

Canada Protects Kivalliq Lands in Nunavut for Indigenous Land Agreement Negotiations

The Canadian government has issued an order to withdraw certain tracts of territorial lands in the Kivalliq area of Nunavut from disposal for a period of 10 years. This action is taken to facilitate the conclusion of Indigenous land agreements. The withdrawal includes both surface and subsurface rights and is designed to protect the lands while negotiations with Indigenous groups are ongoing.

Exceptions to the withdrawal are in place for the disposal of materials as defined by the Territorial Quarrying Regulations and for existing rights and interests, such as the recording of mineral claims made before the order, issuance of leases under the Nunavut Mining Regulations, and the Canada Petroleum Resources Act, as well as the renewal of interests.

The order repeals a previous order from 2019 and reflects the final boundaries of lands to be transferred to the Athabasca Denesųłiné, Ghotelnene K’odtįneh Dene, and Nunavut Tunngavik Incorporated upon the effective date of their respective land claims agreements. The 10-year term is intended to ensure that the lands remain protected until the agreements are finalized and the lands are transferred, without the need for further renewal of the withdrawal order.

The withdrawal is part of Canada’s commitment to settling land claims and advancing reconciliation with Indigenous peoples. It has no direct financial implications or environmental impacts requiring assessment. The primary Indigenous groups with interests in the region support the new interim land withdrawal order. [Source]

Source