Part 1, Volume 158 #22
Highlights
- The Canadian International Trade Tribunal is investigating complaints about procurement processes by the Department of Public Works and Government Services.
- The CRTC is consulting on proposed Cost Recovery Regulations under the Online News Act.
- The Ministers of Environment and Health have assessed a potentially toxic substance and set conditions for its manufacture or import.
- The Vancouver Fraser Port Authority is updating property descriptions.
- Innovation, Science and Economic Development Canada is seeking input on the use of radiocommunication devices in auto theft.
- The Attorney General of Canada has delegated certain powers related to drug laws to the Director of Public Prosecutions and is addressing overrepresentation of marginalized groups in the criminal justice system.
- The Government of Canada is promoting diversity in leadership for Governor in Council positions.
- Health Canada is consulting on modernizing regulations for hospitals and practitioners under the Controlled Drugs and Substances Act.
- Allianz Life Insurance Company of North America plans to release its assets in Canada, pending opposition.
- An interim order regulates benzene emissions from petrochemical facilities in Sarnia, Ontario.
- Amendments to the Prairie National Wildlife Area regulations will delist low-value units and create new NWAs.
- Proposed amendments to the Cannabis Regulations aim to harmonize with the Controlled Substances Regulations.
- The Controlled Substances Regulations will consolidate and harmonize existing regulations to improve clarity and reduce administrative burdens.
- Amendments to various regulations will update definitions and requirements for controlled substances.
- Vessel reporting regulations are being modernized to standardize requirements and enhance marine safety and environmental protection.
Canadian Trade Tribunal Reviews Procurement Complaints; CRTC Proposes Online News Cost Recovery Regulations
The Canadian International Trade Tribunal is conducting inquiries into two complaints. The first complaint, from Med-Eng Holdings ULC, concerns a procurement by the Department of Public Works and Government Services (PWGSC) for the Department of National Defence. Med-Eng alleges unclear requirements for testing male- and female-shaped ballistic panels and an unreasonable refusal by PWGSC to extend the testing period. The second complaint, from Nation Clean Energy Inc., involves a procurement by PWGSC for the Canadian Coast Guard. NCE claims it was disadvantaged during the retendering and evaluation process.
The Canadian Radio-television and Telecommunications Commission (CRTC) has posted decisions and notices on its website. A specific notice of consultation involves proposed Cost Recovery Regulations under the Online News Act. These regulations define news revenue, require annual returns by April 30, and outline the calculation and payment of cost recovery charges. Operators must report their news revenue for 2024 within 60 days of the regulations coming into force, which is set for April 1, 2025. [Source]
Government Initiatives on Environmental Safety, Property Management, Radiocommunication, Legal Reforms, and Health Regulations
The Minister of the Environment and the Minister of Health have assessed a substance identified as 2-propenoic acid, 2-methyl-,2-hydroxyethyl ester, polymer with hexadecyl 2-propenoate, octadecyl 2-propenoate, and polyfluoroalkyl 2-methyl-2-propenoate, and suspect it may be toxic. The Minister of the Environment permits its manufacture or import under specific conditions, including providing detailed information 120 days before manufacturing, preventing environmental release, and maintaining records of its use and distribution.
The Vancouver Fraser Port Authority is acquiring new real properties, and the Minister of Transport has issued supplementary letters patent to update the property descriptions in the Authority’s records.
Innovation, Science and Economic Development Canada is consulting on the use of radiocommunication devices in auto theft, seeking comments by June 17, 2024.
The Attorney General of Canada has assigned certain powers, duties, and functions related to the Cannabis Act, Controlled Drugs and Substances Act, and the Criminal Code to the Director of Public Prosecutions. Additionally, a directive on alternative measures in the criminal justice system will be replaced by a guideline to address overrepresentation of marginalized groups.
The Government of Canada is seeking diverse candidates for various Governor in Council positions, emphasizing the importance of a diverse and inclusive leadership.
Health Canada is consulting on modernizing regulations related to hospitals and practitioners under the Controlled Drugs and Substances Act. The consultation aims to address gaps and barriers in the current regulatory framework, considering changes in health care delivery and the roles of various health care professionals, including pharmacists, nurses, and paramedics. Feedback will inform future regulatory amendments. [Source]
Allianz Life Insurance Seeks Asset Release in Canada; Opposition Deadline Set for July 15, 2024
Allianz Life Insurance Company of North America plans to apply to the Superintendent of Financial Institutions (Canada) for an order to release the assets it maintains in Canada, as per the Insurance Companies Act. Policyholders or creditors who oppose this release can file their opposition by mail or email to the Office of the Superintendent of Financial Institutions (Canada) by July 15, 2024. [Source]
Interim Order to Control Benzene Emissions in Sarnia Petrochemical Facilities
The Department of the Environment has approved an interim order concerning the release of benzene from petrochemical facilities in Sarnia, Ontario. This order is issued under the Canadian Environmental Protection Act, 1999, and aims to regulate and control benzene emissions to protect environmental and public health. [Source]
Revised Conservation Strategy for Prairie National Wildlife Area in Saskatchewan
The Prairie National Wildlife Area (NWA) in Saskatchewan, established in 1978, spans 2,873 hectares across 26 parcels of land. Recent assessments revealed that only 7 of these parcels meet the criteria for high conservation value, necessitating amendments to the Wildlife Area Regulations to manage these lands more efficiently.
The Canada Wildlife Act allows for the creation and management of NWAs to protect significant habitats. Canada aims to protect 25% of its lands by 2025 and 30% by 2030, supported by substantial government funding. The Department of the Environment periodically reviews existing NWAs to ensure they meet modern conservation criteria.
A 2020 review of the Prairie NWA found that only 7 of the 26 units met the criteria for high conservation value, supporting species at risk and migratory birds. The remaining units were found to have minimal conservation value due to fragmented habitats and invasive species.
The proposed amendments will delist the low-value units and create five new NWAs: Great Sandhills, Harris Sandhills, Longspur, Moose Mountain Creek, and Thickwood Hills, covering the high-value lands. Activities such as wildlife viewing, hiking, non-commercial berry picking, and sport hunting will be authorized in these new NWAs.
Consultations with Indigenous groups, environmental organizations, and other stakeholders were conducted, with general support for the proposal. Some concerns were addressed by retaining additional units and committing to exploring conservation outcomes for delisted lands.
The amendments are expected to reduce administrative and enforcement costs, improve conservation efficiency, and support Canada’s biodiversity goals. The delisted lands will be considered for transfer to conservation organizations or Indigenous communities, ensuring no negative impact on Indigenous rights. The amendments will come into force upon registration, with compliance and enforcement strategies in place to support the new NWAs. [Source]
Proposed Amendments to Cannabis Regulations for Harmonization with Controlled Substances Regulations
The proposed amendments to the Cannabis Regulations aim to harmonize certain provisions with the Controlled Substances Regulations. Key changes include:
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Definitions and Terminology: Updates to definitions such as “combination product,” “test kit,” and “prescription drug” to align with the Controlled Substances Regulations. New definitions for terms like “brand name,” “common name,” and “drug identification number” are introduced.
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Distribution and Destruction: Individuals can distribute cannabis to pharmacists for destruction, and such cannabis is deemed a controlled substance for destruction purposes.
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Responsibilities and Knowledge: Clarifications on the responsibilities and required knowledge for roles such as master growers, responsible persons, and individuals involved in analytical testing.
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Pharmacists and Practitioners: Pharmacists are authorized to sell, distribute, or administer prescription drugs under specific conditions. New provisions allow pharmacists to sell or distribute prescription drugs to other pharmacists for emergency and non-emergency purposes.
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Record Keeping and Security: Enhanced record-keeping requirements for pharmacists, practitioners, and licensed dealers, including details on the sale, distribution, and destruction of drugs containing cannabis.
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Importation and Exportation: Individuals can import or export drugs containing cannabis for personal use or for an accompanying individual or animal, with specific labeling and quantity restrictions.
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Exemptions and Promotions: Exemptions from certain sections of the Cannabis Act for displaying or using the brand name of prescription drugs or combination products in promotions and sponsorships.
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Test Kits: Detailed requirements for the registration, use, and cancellation of test kits containing cannabis, ensuring they are used only for specified purposes like medical, laboratory, or research.
These amendments aim to streamline regulations, enhance clarity, and ensure consistency with existing controlled substances laws. [Source]
Streamlined Controlled Substances Regulations for Improved Compliance and Clarity in Canada
The current regulatory framework for controlled substances in Canada has inconsistencies and lacks a regular authorization pathway for certain legitimate activities, causing administrative and compliance challenges. The proposed Controlled Substances Regulations (CSR) aim to consolidate and harmonize existing regulations, including the Narcotic Control Regulations, Benzodiazepines and Other Targeted Substances Regulations, and parts of the Food and Drug Regulations, into a single comprehensive framework. This consolidation will streamline regulatory processes, reduce administrative burdens, and improve clarity and consistency.
The CSR will cover all categories of controlled substances and apply to licensed dealers, pharmacists, practitioners, hospitals, and individuals. It will include harmonized authorizations, record-keeping, security, and reporting requirements. The proposal also includes consequential amendments to related regulations, such as the Cannabis Regulations and the Precursor Control Regulations.
Key benefits of the CSR include new authorizations, removal of regulatory barriers, reduced administrative costs, and improved clarity for regulated parties and Health Canada. The estimated net benefit over ten years is $0.76 million. The CSR will also enable pharmacy technicians to independently conduct certain activities with controlled substances and support central fill services.
The CSR will address gaps and issues identified through consultations, such as allowing pharmacy technicians to conduct activities in line with their scope of practice and removing barriers to central fill services. The proposed regulations will also incorporate authorizations currently granted through class exemptions, such as those for pharmacists extending prescriptions and destroying controlled substances on-site.
The CSR will come into force 365 days after publication, providing a transition period for regulated parties. The proposal includes provisions for licensed dealers, pharmacists, practitioners, hospitals, and individuals, detailing their authorized activities, record-keeping, and security requirements. The CSR aims to improve the administration and compliance of controlled substances regulations, supporting pharmacy innovation and enhancing regulatory clarity. [Source]
Amendments to Controlled Substances and Drug Regulations
The proposed regulations aim to amend certain regulations concerning controlled substances under the Financial Administration Act, Food and Drugs Act, and Controlled Drugs and Substances Act. Key changes include updating definitions for terms like “controlled drug,” “dealer’s licence,” and “narcotic” to align with the Controlled Substances Regulations. The amendments also prescribe fees for dealer’s licences related to narcotics or controlled drugs and clarify that these regulations do not apply to drugs intended solely for veterinary use.
The Food and Drug Regulations are updated to ensure consistency in definitions and labeling requirements for prescription drugs, narcotics, controlled drugs, and targeted substances. Specific changes include the requirement for certain symbols on drug labels and the conditions under which drugs must be sold under prescription.
The Medical Devices Regulations are amended to exclude certain drugs listed in the Controlled Substances Regulations and the Cannabis Regulations from their application. The Precursor Control Regulations are updated to require dealer’s licences for the production of controlled substances and to specify documentation requirements for criminal records.
These regulations will come into force 365 days after their publication in the Canada Gazette, Part II. The document also outlines terms of use and privacy notices for submitting comments on the proposed regulations, emphasizing the protection of personal information and the right to submit comments anonymously. [Source]
Modernization and Standardization of Canada’s Vessel Reporting Regulations
Canada’s vessel reporting regulations are being consolidated and modernized to address inconsistencies and outdated references. The new regulations will standardize reporting requirements across all Vessel Traffic Services (VTS) Zones, aligning with international standards set by the International Maritime Organization (IMO). Key changes include a uniform 24-hour pre-arrival reporting requirement and lowering the reporting threshold from 500 gross tonnage (GT) to 300 GT for vessels in all VTS Zones. This will provide Marine Communications and Traffic Services (MCTS) centers with a comprehensive view of vessel traffic, enhancing safety and environmental protection.
The new regulations will incorporate by reference the Radio Aids to Marine Navigation (RAMN), allowing for timely updates to reporting requirements in response to emerging risks. This incorporation will make compliance with RAMN mandatory, ensuring that mariners follow the latest safety protocols. Additionally, the regulations will introduce administrative monetary penalties (AMPs) for non-compliance, with fines ranging from $260 to $10,000, providing a more flexible enforcement mechanism.
The consolidation of the three existing regulations into one aims to simplify compliance for mariners and improve operational efficiency. The anticipated cost of implementing these changes is estimated to be $743,463 over ten years, with the majority of the costs borne by Canadian private vessel owners/operators. The changes are expected to have a low overall cost impact and will benefit stakeholders by providing clearer and more consistent reporting requirements, ultimately enhancing marine safety and environmental protection. [Source]