Part 1, Volume 158 #23
Highlights
- Several charities have had their registrations revoked due to mergers.
- The Canadian International Trade Tribunal is investigating procurement complaints from Oracle Canada and Weatherlogics Inc.
- The CRTC has approved new radio undertakings in Quebec.
- The Public Service Commission has allowed a candidate to run for municipal office in Gatineau.
- The Minister of the Environment and Health has restricted the use of a potentially toxic substance.
- An agreement on greenhouse gas regulations in Saskatchewan is open for public comment.
- An Interim Order restricts the sale of natural health products containing ephedrine or pseudoephedrine due to health risks.
- The Government of Canada is seeking diverse candidates for various positions.
- Allianz Life Insurance plans to release its Canadian assets, and MD Life Insurance and Scotia Life Insurance plan to merge.
- Amendments to the Cannabis Act and related regulations are proposed to reduce regulatory burdens and support the industry.
- Proposed changes to the Trademarks Regulations aim to improve efficiency and protect confidential information.
Updates on Charity Mergers, Trade Tribunal Inquiries, CRTC Decisions, and Public Service Commission Permissions
The Canada Revenue Agency has announced the revocation of registration for several charities that have merged with other organizations. These include LA FABRIQUE DE LA PAROISSE DE SAINTE-FAMILLE, WELLINGTON BOYS & GIRLS CLUB, LA FABRIQUE DE LA PAROISSE DE SAINTE-MARIE-DU-LAC, BEAKERHEAD CREATIVE SOCIETY, and THE LIVING WATER MINISTRIES INTERNATIONAL.
The Canadian International Trade Tribunal is conducting inquiries into complaints from Oracle Canada ULC and Weatherlogics Inc. Oracle’s complaint concerns irregularities in a procurement process by Shared Services Canada for cloud-based services, while Weatherlogics’ complaint involves the re-evaluation of its bid for updating Canadian precipitation datasets by the Department of the Environment.
The Canadian Radio-television and Telecommunications Commission has posted decisions and orders on its website, including approvals for new radio undertakings in Joliette, Quebec, by Radio Nord-Joli inc. and Arsenal Media Inc.
The Public Service Commission of Canada has granted Kethlande Pierre permission to seek nomination and be a candidate for the position of Councillor in Gatineau, Quebec, during the upcoming municipal election. [Source]
Environmental and Health Regulations, Public Consultation on Emissions, and Government Job Opportunities
The Minister of the Environment and the Minister of Health have assessed the substance 1,3-cyclohexanedimethanamine, N1,N3-bis(2-methylpropylidene)- and suspect it to be toxic. The Minister of the Environment permits its manufacture or import under specific conditions, including restrictions on its use in consumer products unless chemically reacted into a stable matrix. The notifier must inform recipients of these conditions and maintain detailed records for at least five years.
An agreement on the equivalency of federal and Saskatchewan regulations for controlling greenhouse gas emissions from electricity producers in Saskatchewan is available for public comment.
The Minister of Health issued an Interim Order concerning the sale of natural health products containing ephedrine or pseudoephedrine due to significant health risks. The order restricts retail sales to pharmacists or those under their supervision and prohibits sales for further retail by non-pharmacists. This measure addresses the misuse and diversion of these substances for illegal methamphetamine production.
The Government of Canada is seeking diverse and talented individuals for various Governor in Council positions, emphasizing the importance of diversity, inclusion, and a harassment-free workplace. Current opportunities include positions in organizations such as the Bank of Canada, Canada Infrastructure Bank, and Canadian Human Rights Commission, among others. [Source]
Insurance and Financial Companies Announce Asset Release, Office Relocations, and Amalgamation Plans
Allianz Life Insurance Company of North America plans to apply for the release of its assets in Canada and invites any policyholders or creditors to file opposition by July 15, 2024. Home Bank and Home Trust Company have both relocated their designated offices for the service of enforcement notices to 2020 Robert-Bourassa Boulevard, Suite 2230, Montréal, Quebec. MD Life Insurance Company and Scotia Life Insurance Company intend to apply for letters patent of amalgamation to merge into one company named “MD Life Insurance Company” in English and “Société d’Assurance Vie MD” in French, with the head office in Toronto, Ontario. The proposed amalgamation is expected to take effect on November 1, 2024, pending approval from the Minister of Finance. [Source]
Canada Implements Interim Order to Regulate Ephedrine and Pseudoephedrine Sales
The Canadian government has approved an Interim Order to regulate the sale of natural health products (NHPs) containing ephedrine or pseudoephedrine due to their misuse and diversion risks, particularly in the illegal production of methamphetamine. This action follows the National Association of Pharmacy Regulatory Authorities’ (NAPRA) decision to remove these products from its National Drug Schedules, which would otherwise create regulatory gaps across provinces and territories.
The Interim Order mandates that only pharmacists or individuals supervised by pharmacists can sell these products, and they must be kept behind the counter in pharmacies. It also prohibits distributors from selling these NHPs to non-pharmacy retailers. This measure aims to maintain current safety standards and prevent increased access to these substances, which could lead to significant health and safety risks.
The Order will remain in effect until it is repealed, replaced by new regulations, or one year after its issuance. Health Canada consulted with provincial and territorial governments, pharmacy regulatory authorities, the Canadian Pharmacists Association, and key industry associations, receiving broad support for these measures. The Order seeks to ensure consistent national standards and improve compliance and enforcement activities to protect public health. [Source]
Updated Technical Standards for Storage Tank Systems on Aboriginal and Federal Lands
The Department of the Environment oversees regulations under the Canadian Environmental Protection Act, 1999, including the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. These regulations, effective since June 2008, aim to prevent soil and groundwater contamination from storage tank systems on Aboriginal and federal lands. The regulations require storage tank systems to meet specific technical standards, which have since been updated, necessitating amendments to align with the latest industry standards.
The proposed amendments update references to 48 technical standards in the regulations, ensuring that the most current titles are accurately reflected. This includes updating 38 standards in the Environmental Code of Practice for Aboveground and Underground Storage Tank Systems and 10 standards directly referenced in the regulations. The amendments also remove the year of reference from all technical standards, retaining only the title.
Consultations in 2022 with Indigenous peoples, regulated parties, and other stakeholders revealed support for updating these technical standards. The amendments are not expected to impact Indigenous rights, impose additional costs, or create new compliance burdens. They aim to close a compliance gap, facilitating the acquisition and installation of compliant storage tank equipment.
The amendments will harmonize some standards with American standards, aiding cross-jurisdictional certification. No significant environmental, gender-based, or small business impacts are anticipated. The amendments will take effect upon registration, with no new compliance or enforcement requirements introduced. Public comments are invited within 60 days of the notice, with confidentiality provisions available for sensitive information. [Source]
Proposed Amendment to Cannabis Act Schedule 2 and Public Comment Invitation
The Governor in Council proposes an amendment to Schedule 2 of the Cannabis Act, adding a new item that includes derivatives made from cannabis plant parts that do not contain isolated or concentrated phytocannabinoids. Interested parties have 30 days to submit comments on the proposed order, preferably through the Canada Gazette website. Comments can also be sent via email or mail to the Department of Health’s Regulatory, Legislative and Economic Affairs Division. The amendment will take effect upon publication in the Canada Gazette, Part II.
Commenters must ensure their submissions do not contain personal information, hate speech, or any content violating Canadian laws. Confidential Business Information should be posted in a designated section and will not be made public unless it does not meet the criteria for confidentiality. Public comments will be posted on the Canada Gazette website for at least 10 years, and commenters can choose to remain anonymous. Personal information is protected under the Privacy Act, and individuals have the right to access and correct their information. Complaints regarding the handling of personal information can be filed with the Privacy Commission of Canada. [Source]
Amendment to Cannabis Tracking System for Cultivation Waste
The Minister of Health proposes an amendment to the Cannabis Tracking System Order under the Cannabis Act. The amendment focuses on the tracking of cultivation waste, distinguishing it from other types of unpackaged cannabis in inventory records. The proposed changes include updating the definitions and measurement units used in the tracking system. Interested parties have 30 days to submit their comments on the proposed order, preferably through the Canada Gazette website. The order will come into force upon publication in the Canada Gazette, Part II, or when related regulations come into force, whichever is later. Comments must adhere to guidelines that prohibit personal information, hate speech, and other inappropriate content. Personal information collected will be protected under the Privacy Act, and comments will be publicly accessible for at least 10 years. [Source]
Proposed Amendments to Streamline Canada’s Cannabis Regulations and Support Industry Growth
The legal cannabis industry in Canada has matured since the Cannabis Act and Cannabis Regulations came into force in 2018. Stakeholders have indicated that reducing or eliminating certain regulatory and administrative requirements could benefit the market without compromising public health and safety. Proposed amendments aim to reduce the regulatory burden, support diversity and competition, and maintain public health and safety objectives. Key changes include:
- Licensing:
- Exempting small-scale non-human cannabis research from licensing requirements.
- Increasing production thresholds for micro-cultivation, micro-processing, and nursery licenses.
- Allowing more flexibility in the number of Quality Assurance Persons (QAPs) and their delegation of duties.
- Permitting the intra-industry sale of cannabis pollen.
- Removing the requirement for printed consumer information documents with every package.
- Formalizing the use of alternate ports of entry/exit for import/export permits.
- Adding grounds for license suspension for unpaid fees or failure to submit required statements.
- Personnel and Physical Security:
- Removing the requirement for a security-cleared individual to be on-site during cannabis activities.
- Reducing physical security measures, such as removing intrusion detection requirements from site perimeters and simplifying storage area requirements.
- Production Requirements:
- Removing the one-gram limit for pre-rolled dried cannabis.
- Allowing the use of ethyl alcohol in certain cannabis products under specific conditions.
- Packaging and Labelling:
- Allowing differentiation in color between container lids and containers.
- Permitting cut-out windows and transparent packaging for dried or fresh cannabis and seeds.
- Allowing co-packing of multiple immediate containers within an outermost container.
- Simplifying potency labelling to only require total THC and CBD.
- Permitting QR codes on labels and informational inserts/leaflets in packaging.
- Removing certain labelling requirements, such as equivalency statements and “no expiry date” statements.
- Record-Keeping and Reporting:
- Reducing the record-keeping requirements for substances applied to cannabis.
- Removing the need to submit notices of new cannabis products for dried and fresh cannabis.
- Simplifying destruction record-keeping and witnessing requirements.
- Removing the requirement for annual promotion expenditure reports.
- Changing the unit of measurement for cannabis seeds from weight to number.
The amendments are expected to result in significant cost savings for the cannabis industry, estimated at $288.5 million over ten years, with minimal costs to Health Canada. The changes aim to streamline regulatory obligations, reduce administrative burdens, and support the economic sustainability of the legal cannabis industry while maintaining public health and safety. [Source]
Proposed Amendments to Improve Efficiency and Fairness in Canadian Trademark Regulations
The Government of Canada has identified several gaps in the current trademark legislative framework, including the inability to award costs against parties engaging in undesirable behaviors, lack of protection for confidential information, inefficient case management, and overly broad protection for official marks. Legislative amendments were made to the Trademarks Act in 2018 to address these issues, but these changes have not yet taken effect due to the need for corresponding amendments to the Trademarks Regulations.
The proposed Regulations aim to improve the efficiency and cost-effectiveness of proceedings before the Trademarks Opposition Board (TMOB) and help applicants overcome objections related to official marks. Key changes include:
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Costs Awards: The Registrar can award costs against parties engaging in undesirable behaviors, such as filing applications in bad faith, withdrawing hearing requests at the last minute, or causing undue delays. This aims to discourage inefficient behaviors and reduce unnecessary expenses.
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Confidentiality Orders: Parties can request that certain evidence be kept confidential to protect commercially sensitive or personal information, encouraging the submission of complete evidence and improving decision-making.
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Case Management: The Registrar can manage proceedings more effectively by consolidating related cases, shortening deadlines, and tailoring proceedings to fit specific needs, thus reducing delays and costs.
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Official Marks: A new mechanism allows the Registrar to give public notice that the prohibition on adopting or using a particular official mark no longer applies if the mark holder is not a public authority or has ceased to exist. This simplifies the process for trademark owners and removes outdated official marks from the register.
Consultations with stakeholders have shown general support for these changes, with feedback influencing the final proposed amendments. The proposed Regulations are expected to benefit both the TMOB and parties involved by streamlining proceedings, reducing delays, and encouraging the submission of complete evidence. The changes are designed to be cost-effective and minimize the burden on small businesses. The one-for-one rule does not apply, and the proposed Regulations align with international agreements like the Singapore Treaty and the Madrid Protocol. Implementation will include proactive outreach and training to ensure stakeholders are prepared for the changes. [Source]