Part 1, Volume 158 #24
Highlights
- CBSA has determined dumping of wire rod from China, Egypt, and Vietnam, leading to provisional duties and a CITT inquiry.
- CRA proposes revocation of several charities’ registrations for non-compliance with the Income Tax Act.
- CITT to hold a public hearing on Thule Canada Inc.’s tent classification appeal and investigate wire rod dumping.
- TalentClick Workforce Solutions Inc. filed a complaint about a procurement process, prompting a CITT inquiry.
- CRTC posted recent decisions and policies, including support for Canadian and Indigenous content.
- Bank of Canada to delegate powers under the Retail Payment Activities Act to specific positions.
- Various government appointments made, including judicial roles and positions in multiple agencies.
- Minister of Public Safety reviewed and updated the list of entities under the Criminal Code.
- Santander Consumer Bank incorporated under the Bank Act.
- Government seeks diverse applications for Governor in Council positions.
- Allianz Life Insurance Company plans to release its Canadian assets, inviting opposition.
- Green Shield Canada seeks approval to reinsure liabilities with Green Shield Canada Insurance.
- MD Life Insurance Company and Scotia Life Insurance Company plan to merge.
- IRCC proposes regulatory amendments to address inconsistencies in temporary resident document cancellations.
- Amendments to Pest Control Products Regulations aim to enhance transparency, environmental protection, and public trust.
Canadian Trade and Regulatory Updates: CBSA Dumping Determination, CRA Charity Revocations, CITT Inquiries, and CRTC Decisions
The Canada Border Services Agency (CBSA) has made a preliminary determination of dumping of wire rod from China, Egypt, and Vietnam, which may harm the Canadian industry. Provisional duties are now payable on these goods, and the Canadian International Trade Tribunal (CITT) will conduct a full inquiry to assess the injury to the Canadian industry.
The Canada Revenue Agency (CRA) has proposed the revocation of several charities’ registrations for failing to meet the requirements of the Income Tax Act. The revocations are effective upon the publication of the notice.
The Canadian International Trade Tribunal (CITT) will hold a public hearing to consider an appeal by Thule Canada Inc. regarding the classification of certain tents. The Tribunal will also conduct an inquiry into the dumping of certain hot-rolled wire rod from China, Egypt, and Vietnam, which is alleged to cause injury to the Canadian industry. Interested parties must file notices of participation and representation by specified dates.
The CITT has received a complaint from TalentClick Workforce Solutions Inc. regarding a procurement process by the Department of Public Works and Government Services on behalf of the Department of National Defence. TalentClick alleges irregularities in the procurement process, and the Tribunal has decided to conduct an inquiry into the complaint.
The Canadian Radio-television and Telecommunications Commission (CRTC) has posted decisions, notices, and regulatory policies on its website. Recent decisions include an administrative decision for Radio Queen’s University and a regulatory policy supporting Canadian and Indigenous content through base contributions. [Source]
Delegation of Retail Payment Supervision Powers and Recent Government Appointments
The Governor of the Bank of Canada plans to delegate certain powers, duties, and functions under the Retail Payment Activities Act (RPAA) to specific positions within the Bank of Canada. These delegations will take effect when section 29 of the RPAA comes into force. The Executive Director responsible for retail payments supervision, or their acting replacement, will handle tasks such as specifying non-applicable provisions of the RPAA, reviewing registration refusals and revocations, and deciding on administrative monetary penalties. The Managing Director responsible for retail payments supervision, or their acting replacement, will designate authorized persons for supervisory powers, certify unpaid debts, and issue compliance orders.
Several appointments have been made across various government departments and agencies, including new roles in Veterans Affairs, the Atlantic Canada Opportunities Agency, the Canadian Energy Regulator, and the Social Security Tribunal, among others. Notable judicial appointments include new justices for the Court of Appeal for British Columbia, the Court of Appeal of Yukon, the Superior Court of Justice of Ontario, and the Supreme Court of British Columbia.
The Minister of Public Safety and Emergency Preparedness has reviewed the list of entities under the Criminal Code and determined that certain entities should remain listed, while the Armed Islamic Group (GIA) no longer has reasonable grounds to remain listed.
Santander Consumer Bank has been incorporated under the Bank Act, effective April 30, 2024.
The Government of Canada is seeking applications for various Governor in Council positions, emphasizing diversity, gender parity, and representation of Indigenous peoples and minority groups. Current opportunities include roles in the Bank of Canada, Canada Mortgage and Housing Corporation, Canadian Human Rights Commission, and several other organizations. [Source]
Upcoming Changes and Applications in the Canadian Insurance Sector
Allianz Life Insurance Company of North America plans to apply for the release of its assets in Canada, inviting any policyholder or creditor to file an opposition by July 15, 2024.
Green Shield Canada intends to seek approval to reinsure its liabilities with Green Shield Canada Insurance. The proposed agreement will be available for policyholders to inspect, and any approval will be conditional on Green Shield Canada Insurance obtaining the necessary order to commence business.
MD Life Insurance Company and Scotia Life Insurance Company plan to apply for letters patent of amalgamation to merge into one company named MD Life Insurance Company, with the head office in Toronto. The proposed effective date for the amalgamation is November 1, 2024. [Source]
Proposed Amendments to Enhance Consistency and Security in Temporary Resident Document Cancellations
Immigration, Refugees and Citizenship Canada (IRCC) has identified inconsistencies in the Immigration and Refugee Protection Regulations regarding the cancellation of temporary resident documents such as visas, electronic travel authorizations (eTAs), work permits, and study permits. These inconsistencies affect decision-making and program integrity. The proposed regulatory amendments aim to provide clear and consistent authorities for cancelling these documents, enhancing efficiency and security.
Temporary residents must comply with admissibility and eligibility requirements. TRVs and eTAs are required for entry, with eTAs linked to passports and valid for up to five years. Work and study permits are also necessary unless exempt. IRCC and the Canada Border Services Agency (CBSA) monitor document holders for new adverse information, which can lead to cancellations if eligibility or admissibility is compromised.
The proposed changes would make a foreign national ineligible for an eTA if they are unlikely to leave Canada by the end of their stay, have been refused a study or work permit, or if their travel document is abandoned. eTAs would be automatically cancelled if the holder becomes a permanent resident, the travel document is lost or destroyed, or the holder is deceased. Similar provisions apply to TRVs, work permits, and study permits, with additional grounds for cancellation including inadmissibility, failure to meet requirements, issuance of a temporary resident permit, and administrative errors.
The amendments are expected to increase processing efficiencies, improve safety and security, and align Canada with international partners. The changes would result in approximately 6,000 additional cancellations over ten years, with associated costs for IRCC and CBSA estimated at $4.3 million. The impact on foreign nationals and airlines is expected to be minimal, with IRCC providing timely notifications of cancellations.
No public consultations were held prior to the prepublication process, but the air industry and select tourism associations were informed. The amendments would come into force upon registration, with updated guidance issued to officers responsible for cancellations. [Source]
Enhanced Regulation of Pest Control Products in Canada: Transparency, Environmental Protection, and Public Trust
The Pest Control Products Regulations are being amended to enhance the regulation of pest control products in Canada, focusing on transparency, environmental protection, and public trust. Key issues identified include cumbersome access to confidential test data (CTD), lack of transparency in maximum residue limits (MRLs) decision-making, and insufficient consideration of cumulative environmental effects (CEE) and species at risk (SAR) in risk assessments.
The amendments aim to:
- Facilitate access to CTD for research and reanalysis without needing an affidavit, while protecting confidential business information and privacy.
- Improve transparency in MRL applications by specifying required information and aligning with international standards.
- Strengthen environmental protection by explicitly requiring information on CEE and SAR in risk assessments.
The proposed changes include:
- Requiring applicants to identify CTD and provide sufficient information to determine its confidentiality.
- Allowing Canadian residents to request access to CTD for research or reanalysis, with specific conditions to prevent misuse.
- Codifying the information requirements for MRL applications, including details about the foreign product and relevant health risk data.
- Explicitly authorizing the Minister of Health to request and consider information on CEE and SAR during environmental risk assessments.
Consultations revealed mixed responses, with some stakeholders supporting the changes for greater transparency and environmental protection, while others expressed concerns about potential costs and the scope of the amendments. The amendments are designed to align with international practices and ensure compliance with trade agreements, while also addressing stakeholder feedback to improve the regulatory process for pest control products in Canada. [Source]