Part 2, Volume 158 #13
Highlights
- Amendments to regulations ensure consistency in official language provisions and clarify application in New Brunswick.
- The Contraventions Act allows federal regulatory offences to be prosecuted using provincial ticketing regimes.
- New Biocides Regulations harmonize requirements for surface sanitizers and disinfectants, streamline market authorization, and introduce post-market oversight.
- Amendments to the Canada Labour Code regulations promote inclusivity and update outdated standards.
- Changes to marketing levies and quota regulations for Canadian hatching eggs and chicken aim to regulate production and marketing effectively.
- New regulations lower the criminal interest rate and cap payday loan costs to protect vulnerable borrowers.
- Remission of customs duties granted for a vessel imported by Gestion C.T.M.A. Inc. due to unforeseen policy changes.
- Amendments to the Export Control List regulate the export of sensitive technologies to ensure national security.
- Health Canada introduces a new framework for regulating biocides, including new fees and streamlined processes.
- The Immigration Loans Program’s maximum advances increased to support higher refugee resettlement targets.
- Amendments to the Immigration and Refugee Protection Regulations streamline handling of transborder criminality cases.
- Amendments to mining effluent regulations allow for the expansion of the Detour Lake Mine with environmental safeguards.
- Changes to the Migratory Birds Regulations ensure sustainable hunting practices.
- Pay Equity Act and Regulations require ministers’ offices to ensure equal pay for work of equal value.
- NATO Privileges and Immunities Order grants specific privileges to NATO and its officials in Canada.
- Amendments to the Criminal Code lower the criminal interest rate and set borrowing costs for payday loans.
- Amendments to the Products Containing Mercury Regulations aim to reduce mercury releases and align with international commitments.
- RCMP Pension Fund surplus used to increase benefits for widows of former members.
- Sanctions added against individuals connected to former Ukrainian President Yanukovych.
- Amendments to the Species at Risk Act list new species and reclassify one to ensure protection and recovery.
- Designation of a new Marine Protected Area to conserve significant seafloor features and ecosystems.
- Extension of the Ukraine Goods Remission Order to support Ukraine’s economy amid ongoing conflict.
Amendments to Align New Brunswick’s Official Language Provisions with Federal Contraventions Regime
Amendments to the Application of Provincial Laws Regulations (APLR) ensure that official language provisions in New Brunswick align with those in other jurisdictions under the Contraventions Regime. These amendments incorporate sections 530 to 530.1 of the Criminal Code to address inconsistencies and clarify application in New Brunswick. They also include provincial youth justice enactments relevant to contraventions and update references to provincial enactments.
The Contraventions Act provides an alternative to summary conviction procedures, allowing for the prosecution of federal regulatory offences using provincial ticketing regimes. The APLR identifies and incorporates provincial laws for this purpose, ensuring no conflict with federal principles, such as the prohibition of imprisonment for ticket-based offences.
The amendments aim to maintain consistency across Canada regarding official language rights and ensure clarity in the administration of the Contraventions Regime. Consultations with New Brunswick confirmed support for these changes, which have no practical impact due to the province’s bilingual status. The amendments are technical, non-substantive, and do not involve public spending or affect individual rights. No impacts on Indigenous rights or modern treaty obligations were identified. The amendments will come into force upon registration, with no new compliance or enforcement measures required. [Source]
New Canadian Biocides Regulations: Harmonizing Standards and Streamlining Market Access
The Biocides Regulations establish a new framework under the Food and Drugs Act (FDA) for the regulation of biocides, which include products that sanitize or disinfect non-living and non-liquid surfaces to prevent disease in humans or animals. These regulations aim to harmonize the requirements for surface sanitizers, disinfectants, and surface sanitizers for use in food premises, which were previously regulated under different frameworks, leading to inconsistencies and challenges.
Key points include:
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Scope and Definitions: The regulations define biocides, active ingredients, formulants, and other relevant terms. They exclude certain products like those used in air or water, high-level disinfectants for medical devices, and contact lens disinfectants.
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Market Authorization: Biocides must obtain a market authorization before being imported, sold, or advertised in Canada. Applications must include detailed information about the product, including its ingredients, conditions of use, and safety and efficacy data.
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Use of Foreign Decisions: The regulations introduce a pathway that allows biocides authorized by trusted foreign regulatory authorities, starting with the U.S. Environmental Protection Agency (EPA), to be authorized in Canada, reducing duplication and facilitating quicker market access.
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Post-Market Oversight: The regulations include requirements for continuous monitoring of biocides’ benefits and risks, reporting of serious incidents, and maintaining records. The Minister of Health has the authority to impose terms and conditions, request additional information, and take enforcement actions if necessary.
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Labelling and Packaging: Biocides must have clear and bilingual labels with specific information, including the brand name, intended use, settings, identification number, and safety warnings. Packaging must ensure the product’s stability and safety under normal conditions.
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Transitional Provisions: Existing products must transition to the new framework within specified periods, with surface sanitizers and disinfectants given four years and surface sanitizers for use in food premises given six years to comply.
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Consultation and Feedback: Extensive consultations were conducted with industry stakeholders, leading to adjustments in the regulations to address concerns about application requirements, post-market obligations, and the impact on small businesses.
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Cost-Benefit Analysis: The regulations are expected to result in a net cost over 15 years, with significant costs for industry to comply with new requirements but also benefits from streamlined processes and reduced administrative burdens.
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Small Business Impact: The regulations will impact small businesses, which may face higher compliance costs but will benefit from reduced administrative burdens and the potential for increased market access through the use of foreign decisions.
Overall, the Biocides Regulations aim to create a consistent, modern framework for the regulation of biocides in Canada, ensuring these products are safe, effective, and of high quality while facilitating international alignment and reducing regulatory burdens. [Source]
Inclusive and Updated Canada Labour Code Regulations
Amendments to the Canada Labour Code regulations address inclusivity and update outdated standards. Key changes include allowing all-gender toilet rooms to count towards the required number of workplace toilets, removing male pronouns in the English version of the regulations, and updating references to current standards. These changes aim to support a diverse workforce, reduce stigma for 2SLGBTQI+ individuals, and ensure safety and clarity for employers.
The amendments affect the Canada Occupational Health and Safety Regulations (COHSR), Oil and Gas Occupational Safety and Health Regulations (OGOSHR), and Maritime Occupational Health and Safety Regulations (MOHSR). They encourage the provision of all-gender toilet rooms without obliging employers to do so, and update references to standards like the National Plumbing Code of Canada 2020 and ANSI/PSAI standards.
Consultations with stakeholders, including federally regulated employers, employees, and Indigenous organizations, showed support for these changes. The amendments are expected to cost approximately $8.6 million over ten years, covering acquisition and translation of updated standards and information dissemination by the federal government.
The amendments aim to create a safer, more inclusive workplace environment, reflecting the diversity of the Canadian workforce and ensuring up-to-date safety standards. Compliance will be monitored through existing enforcement mechanisms, and the changes will come into effect six months after registration. [Source]
Amendment to Canadian Broiler Hatching Egg Marketing Levies Order
The Canadian Hatching Egg Producers, established under the Farm Products Agencies Act, has the authority to implement a marketing plan. The National Farm Products Council has approved an amendment to the Canadian Broiler Hatching Egg Marketing Levies Order, which is necessary for the marketing plan’s implementation. The amendment specifies that subsections 2(1) and 2(2) of the Order will cease to be effective on June 23, 2025. This amendment comes into force upon registration. [Source]
New Chicken Production Quotas Set for Canadian Provinces for Summer 2024
The Governor in Council has established Chicken Farmers of Canada (CFC) under the Farm Products Agencies Act, empowering CFC to implement a marketing plan. Following the required process for quota allocation changes, the National Farm Products Council approved the proposed amendments to the Canadian Chicken Marketing Quota Regulations. These amendments set new limits for the production and marketing of chicken for the period from June 30, 2024, to August 24, 2024. The schedule specifies production quotas for each province, including separate quotas for market development and specialty chicken. The total production quotas are distributed among provinces such as Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta, and Newfoundland and Labrador. The amendments aim to regulate the chicken production and marketing effectively during the specified period. [Source]
Revised Broiler Hatching Egg Quotas for 2024 and 2025 in Canada
The Canadian Hatching Egg Producers (the Agency) has been authorized to implement a marketing plan under the Farm Products Agencies Act. The Agency has applied an allocation system for broiler hatching eggs as per the Federal Provincial Agreement. The National Farm Products Council has approved the proposed amendments to the Canadian Hatching Egg Producers Quota Regulations, deeming them necessary for the marketing plan.
The amendments replace the existing schedule with new limits for broiler hatching eggs for 2024 and 2025. For 2024, the limits for interprovincial and intraprovincial trade are set for Ontario, Quebec, Manitoba, British Columbia, Saskatchewan, and Alberta, with no allocation for export trade. The limits increase slightly for 2025 for the same provinces, again with no allocation for export trade.
The amendments establish revised limits for 2024 and initial limits for 2025 for broiler hatching eggs in the signatory provinces. [Source]
Canada Lowers Criminal Interest Rate and Caps Payday Loan Costs to Protect Vulnerable Borrowers
The Canadian government has introduced new regulations to combat predatory lending by lowering the criminal interest rate from 48% APR to 35% APR and capping the cost of payday loans at $14 per $100 borrowed. These regulations exempt certain commercial loans and pawn loans from the new lower criminal interest rate under specific conditions. Commercial loans between $10,000 and $500,000 are exempt if the APR does not exceed 48%, while loans above $500,000 have no rate cap. Pawn loans under $1,000 are exempt if the APR does not exceed 48%.
The regulations aim to protect vulnerable borrowers, such as low-income Canadians and newcomers, from high-interest loans that can trap them in debt. Payday loans, which are short-term and high-cost, will now have a uniform borrowing cost limit across provinces with approved payday loan regimes. The regulations also cap dishonoured cheque fees at $20.
Consultations revealed mixed feedback, with some stakeholders advocating for more stringent protections and others concerned about the impact on credit availability. The government decided not to adjust the thresholds for commercial exemptions or introduce additional exemptions for unsecured loans or debt consolidation.
The regulations are expected to result in significant savings for payday loan borrowers, estimated at $226 million over 11 years, while costing payday lenders $208 million, leading to a net societal benefit of $18 million. The changes are anticipated to reduce the number of payday loan borrowers and loans issued, potentially pushing some borrowers to seek alternative credit sources or face negative outcomes like late payment fees.
The regulations will come into force on January 1, 2025, allowing lenders and provincial regulators time to adjust. The enforcement of the criminal interest rate and the new payday loan cost cap will be managed by provincial police forces and regulators. [Source]
Customs Duty Remission Granted to CTMA for Russian-Built Tug
Gestion C.T.M.A. Inc. (CTMA) of Cap-aux-Meules, Quebec, is granted a remission of customs duties for the vessel CTMA Ranger, imported in 2022. The remission covers the difference between the 35% General Tariff paid and the 25% Most-Favoured-Nation (MFN) Tariff that would have applied if not for a policy change. This change, in response to Russia’s invasion of Ukraine, removed MFN eligibility for Russian-origin goods, affecting the tug built in Russia but purchased from Norway.
CTMA could not foresee this policy shift, which occurred between the purchase finalization and the tug’s delivery voyage. The tug is crucial for maneuvering large vessels in Cap-aux-Meules port, serving the Magdalen Islands. The remission, amounting to approximately $0.6 million, aligns the customs duties with CTMA’s initial expectations.
The order requires CTMA to provide necessary evidence to the Canada Border Services Agency and submit a remission claim within two years. The remission order impacts only CTMA, with no broader consultations or environmental, gender-based, or small business impacts identified. The Canada Border Services Agency will manage the order’s administration. [Source]
Canada Tightens Export Controls on Quantum Computing and Semiconductor Technologies
The Governor in Council has amended the Export Control List to regulate the export of certain goods and technologies to ensure they do not compromise Canada’s security. The amendments include the addition of new items related to quantum computing and advanced semiconductor manufacturing to Group 5 of the Export Control List. These items include specific quantum computers, cryogenic CMOS integrated circuits, technology for developing GAAFET structures, and advanced SEM equipment for imaging semiconductors.
The changes aim to prevent the misuse of these technologies, which could threaten national and international security. The amendments align Canada with other countries that have already implemented similar controls. The new regulations require exporters to obtain permits for these items, except when exporting to the United States.
Consultations with industry stakeholders revealed minimal impact on the semiconductor sector and a manageable impact on the quantum computing sector. The amendments are expected to have a low-cost impact on businesses, with the primary burden being the administrative process of applying for export permits. The regulatory changes are designed to ensure responsible development and transfer of sensitive technologies, maintaining a level playing field with international competitors. [Source]
Health Canada Introduces New Biocides Regulatory Framework and Fee Structure
Health Canada has introduced a new framework under the Food and Drugs Act for regulating products that sanitize or disinfect non-living surfaces, now collectively referred to as biocides. This new framework aims to harmonize regulatory requirements, streamline the pre-market approval process, and align fees with the level of effort required for regulatory activities. The framework will also facilitate international alignment and improve access to biocides, which played a crucial role during the COVID-19 pandemic.
The amendments to the Fees in Respect of Drugs and Medical Devices Order introduce new fees for the examination of applications for market authorizations, major and minor changes to authorized biocides, and the right to sell biocides. These fees are based on a percentage of pre-market and post-market regulatory costs and will be adjusted annually based on the Consumer Price Index.
The new fee categories include:
- Full review for novel biocides and tiered reviews based on the number of efficacy data reports.
- Applications based on comparisons to other authorized biocides or foreign regulatory decisions.
- Major and minor changes to authorized biocides.
A right to sell fee is introduced, replacing existing fees under the Pest Control Products Fees and Charges Regulations and the current Fees Order for disinfectants. This fee will support post-market surveillance and compliance activities.
Small businesses will benefit from mitigation measures, including full remission for the first pre-market application and partial remissions for subsequent applications and the annual right to sell fee. Performance standards will be established for all fee categories, with remissions granted if standards are not met.
The amendments aim to provide a consistent regulatory approach, improve efficiency, and ensure timely access to biocides for Canadians. The changes will come into force one year after the Biocides Regulations are registered, with a transition period for existing products. [Source]
Expansion of Canada’s Immigration Loans Program to Support Refugee Resettlement
The Immigration Loans Program in Canada provides financial assistance to eligible immigrants, primarily resettled refugees, for transportation and initial settlement costs. The maximum amount of advances available under this program has been increased from $300 million to $400 million to accommodate growing needs due to higher refugee resettlement targets, increased transportation costs, and other factors. The loans are interest-free, with repayment periods of up to eight years, starting one year after arrival in Canada.
The program’s expansion is necessary to ensure continued support for vulnerable newcomers, facilitating their travel and integration into Canada. Without this increase, the government would face limitations in issuing new loans once the previous cap is reached, potentially hindering immigration targets and refugee resettlement efforts.
The regulatory amendment involves minor transition costs for updating communication materials and ongoing administrative costs for managing the increased loan volume. The government anticipates a total cost of approximately $8 million over ten years, including the risk of loan defaults, which is estimated at 2.4%.
The amendment supports the government’s objective of aiding refugees and other humanitarian immigrants, ensuring they have access to necessary financial resources. This helps prevent delays in refugee resettlement and supports the timely protection of vulnerable individuals. The program does not impact Canadian small businesses and does not offer opportunities for regulatory cooperation with other jurisdictions. The amendment is expected to positively affect resettled refugees, who are often racialized individuals from countries like Afghanistan, Syria, and Somalia, by providing them with essential financial support for their resettlement in Canada. [Source]
Streamlining Border Offence Handling and Removal Orders in Canada
The amendments to the Immigration and Refugee Protection Regulations (IRPR) aim to streamline the process for handling transborder criminality cases, where foreign nationals commit specific criminal offences at the port of entry. The changes focus on refining the list of prescribed offences to include only those that can occur at the border and are severe enough to warrant inadmissibility. This ensures that minor violations, such as non-report of groceries, are not treated the same as serious offences like smuggling weapons.
The amendments also transfer the authority to issue removal orders for straightforward offences from the Immigration Division (ID) of the Immigration and Refugee Board to the Minister’s Delegate (MD), which includes officials from the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC). This change is intended to reduce the number of inadmissible persons entering Canada solely for admissibility hearings and subsequent removal, thereby increasing efficiency and reducing costs.
Consultations with stakeholders led to revisions, such as excluding complex offences like those involving controlled substances and impaired driving from the MD’s jurisdiction. The amendments are expected to result in cost savings for the CBSA and the IRB, improve consistency in decision-making, and enhance border and immigration program integrity. The CBSA will support the implementation through updated field guidance, and the amendments will come into force upon publication. [Source]
Expansion of Detour Lake Mine Approved with Fish Habitat Compensation Plan
The Canadian government has amended the Metal and Diamond Mining Effluent Regulations to allow Kirkland Lake Gold Ltd to expand the Detour Lake Mine in northeastern Ontario. This expansion will involve the construction of new mine rock and overburden stockpiles, which will destroy eight water bodies frequented by fish, totaling 1.9 hectares of fish habitat. The Fisheries Act prohibits the deposit of deleterious substances into waters frequented by fish unless authorized by regulation. The amendments will list these water bodies in Schedule 2 of the regulations, designating them as tailings impoundment areas (TIAs) and authorizing the deposit of mine waste.
The proponent assessed several options for mine waste disposal, considering environmental, technical, economic, and socio-economic factors, and selected the option that minimized environmental impacts and safeguarded Indigenous and local community interests. A fish habitat compensation plan (FHCP) will be implemented to offset the loss of fish habitat, creating 2.9 hectares of new fish habitat, which exceeds the habitat loss.
The project underwent a Provincial Class Environmental Assessment, and consultations were held with Indigenous nations and the public. Indigenous concerns included environmental impacts, fish productivity, and cultural significance of affected areas. The proponent addressed these concerns through modifications to the project and commitments to community-led initiatives.
The amendments will authorize the disposal of mine waste into the designated water bodies, with the proponent required to implement the FHCP and provide a financial guarantee to cover its costs. The government will monitor compliance through inspections and enforcement actions as necessary. The overall impact includes the destruction of fish habitat, which will be offset by the creation of new habitat, resulting in a net increase in fish habitat. [Source]
Amendments to Migratory Birds Regulations for Sustainable Hunting Seasons and Limits
Amendments to the Migratory Birds Regulations have been made to ensure sustainable hunting of migratory game birds. These changes include adjustments to hunting season dates, daily bag limits, and possession limits for the 2024-2025 and 2025-2026 hunting seasons. Key amendments include:
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Inuvialuit Rights: Beneficiaries of the Inuvialuit Final Agreement can hunt migratory birds and harvest their eggs without a permit and are not subject to season, bag, or possession limits within the Inuvialuit Settlement Region.
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Season Adjustments: Various changes to open season dates across different regions to ensure consistency and maximize hunting days. For example, Newfoundland and Labrador have fixed calendar dates for waterfowl and snipe hunting, increasing the number of hunting days.
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Bag and Possession Limits: Adjustments to daily bag limits and possession limits, particularly for American Black Ducks, to align with the International Black Duck Harvest Strategy. For instance, the daily bag limit for American Black Ducks has been increased in several regions.
- Specific Regional Changes:
- Newfoundland and Labrador: Increased hunting days and fixed dates for waterfowl and snipe. New eider season in Western Labrador.
- Prince Edward Island: Extended duck hunting season by 15 days.
- Nova Scotia: Extended duck hunting season and aligned eider season with New Brunswick.
- New Brunswick: Extended duck hunting season and aligned eider season with Nova Scotia.
- Quebec: Advanced opening date for American Woodcock hunting season and increased daily bag limit for American Black Ducks in certain areas.
- Ontario: Increased daily bag limit for American Black Ducks in various districts.
- Saskatchewan: Removed half-day hunting restriction for Canada Geese, Cackling Geese, and White-fronted Geese, allowing all-day hunting.
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Consultation and Monitoring: Extensive consultation with stakeholders, including provincial and territorial governments, Indigenous groups, and hunting organizations. The Department of the Environment will continue to monitor migratory game bird populations to ensure sustainable hunting practices.
- Compliance and Enforcement: Compliance will be promoted through regulatory summary brochures and enforcement by federal and provincial officers. Penalties for non-compliance include fines and other enforcement actions.
These amendments aim to balance hunting opportunities with the conservation of migratory game bird populations, ensuring sustainable use and alignment with international agreements. [Source]
Ensuring Pay Equity in Federally Regulated Ministers’ Offices
The Pay Equity Act and Regulations require federally regulated employers, including ministers’ offices, with 10 or more employees to ensure equal pay for work of equal value. Challenges have arisen in implementing the Act in ministers’ offices, such as inconsistent pay equity outcomes and the exclusion of offices with fewer than 10 employees. To address these issues, all ministers’ offices are grouped to establish and update a single pay equity plan.
The pay equity regime aims to address gender-based pay discrimination and reduce the gender wage gap. The Pay Equity Commissioner, part of the Canadian Human Rights Commission, enforces the regime. Ministers’ offices with fewer than 10 employees are now included under the Act, ensuring all ministerial staff benefit from pay equity.
The regulations require the group of ministers’ offices to make reasonable efforts to establish a pay equity committee and update their pay equity plan every three years, aligning with the federal election cycle. Ministers’ offices must increase compensation in a lump sum rather than phasing it in. The administrative monetary penalties system is adapted to ensure consistency across all ministers’ offices.
Consultations with stakeholders, including ministers’ offices and the Canadian Human Rights Commission, supported the proposed approach. The regulations and order create efficiencies by requiring a single pay equity plan and streamline interactions with the Pay Equity Commissioner. The regulations primarily benefit women, especially those from marginalized groups, and ensure that all employees in predominantly female job classes receive fair compensation. [Source]
NATO Privileges and Immunities Order Enhances DIANA Operations in Canada
The North Atlantic Treaty Organisation (NATO) Privileges and Immunities Order grants NATO, including its Defence Innovation Accelerator for the North Atlantic (DIANA), legal status and specific privileges and immunities in Canada. These privileges are essential for NATO and DIANA officials, representatives of member states, and experts on mission to perform their duties effectively in Canada. The Order includes exemptions from direct taxes, customs duties, and legal processes for official activities, as well as immigration privileges for personnel and their families.
The establishment of the North American Regional Office of DIANA in Halifax, with a satellite office in the Greater Toronto Area, aims to enhance NATO’s technological edge and foster innovation. This initiative is supported by the Canadian government and aligns with NATO’s broader goals of addressing defence and security challenges.
The Order ensures that privileges and immunities are granted in the interest of NATO, not for personal benefit, and includes provisions for waiving immunity if it impedes justice. Consultations with relevant Canadian provinces confirmed that no additional actions are required regarding sales and income tax exemptions. The Order is expected to strengthen Canada’s diplomatic relations with NATO without significant costs or impacts on Canadian businesses. [Source]
Lowering Criminal Interest Rates and Payday Loan Regulations in Canada
Sections 610 to 612 of the Budget Implementation Act, 2023, No. 1, will come into force on January 1, 2025, as per the Governor General’s order. These sections amend the Criminal Code to lower the criminal interest rate from 60% effective annual rate (EAR) to 35% annual percentage rate (APR) and authorize regulations to exempt certain loans from this rate and set borrowing costs for payday loans. The amendments aim to protect consumers from predatory lending practices.
The Criminal Code currently makes it an offense to charge interest rates exceeding 60% EAR, applicable to most credit agreements in Canada, except for certain payday loans. In 2007, payday loans were exempted from this provision under specific conditions. The 2023 Budget announced the intention to lower the criminal interest rate to 35% APR and cap payday loan borrowing costs at $14 per $100 borrowed.
Public consultations in 2022 and targeted consultations in 2023 revealed mixed reactions, with some stakeholders supporting the lower rate. Industry and provinces requested more time to comply with the new regulations, citing the need to adjust IT systems, operations, and provincial legislation. Consequently, the implementation date was set for January 1, 2025, to allow sufficient transition time. [Source]
Pay Equity Regulations for Ministers’ Offices
The regulations define key terms and outline the application of the Pay Equity Act to ministers’ offices. Ministers’ offices are grouped and recognized as a single employer for pay equity purposes when the relevant order comes into force or when a new Prime Minister is appointed. The regulations specify that the provisions of the Pay Equity Act and its regulations apply to this grouping, with certain exceptions.
When a new Prime Minister is appointed, the existing pay equity plan ceases to apply, and obligations related to it also cease. If a new minister is appointed without a change in Prime Minister, the existing pay equity plan continues, and the new minister assumes the same obligations as other ministers in the grouping.
Certain sections of the Pay Equity Act do not apply to the grouping, and specific adaptations are made to the Act and its regulations for the grouping. These adaptations include requirements for establishing pay equity committees, determining the number of employees in the grouping, and posting revised pay equity plans. The regulations also adapt the penalty ranges for violations based on the number of employees in the grouping.
The regulations come into force upon registration. [Source]
Canada’s Mercury Regulations Amendments to Phase Out Mercury-Containing Lamps and Products by 2025
The amendments to the Products Containing Mercury Regulations aim to reduce mercury releases into the environment by prohibiting the manufacture and import of most mercury-containing lamps by the end of 2025, with certain replacement lamps allowed for a limited transition period. The amendments also prohibit other products with mercury-free alternatives and clarify administrative provisions related to testing, labeling, record-keeping, and reporting. These changes align with Canada’s commitments under the Minamata Convention on Mercury and other international initiatives.
Mercury is a toxic substance that can bioaccumulate in the food chain, posing significant health risks, particularly to communities relying on fish consumption. The amendments are expected to reduce mercury releases by 681 kg over ten years, with significant benefits including $5.16 billion in energy savings, $1.3 billion in avoided greenhouse gas emissions, and health benefits from reduced mercury exposure.
The amendments will phase out various types of fluorescent lamps and other mercury-containing products, with specific timelines for different categories. For example, high-pressure sodium vapor and metal halide lamps will be prohibited by the end of 2028, with exemptions for replacement lamps. The amendments also address the need for proper disposal and recycling of mercury-containing products and broaden the recognition of accreditation bodies for testing.
Consultations with stakeholders, including Indigenous partners, highlighted concerns about the timeline for phasing out mercury-containing lamps and the need for better public awareness and education. The revised timeline provides a 12-month notice before prohibitions take effect, allowing time for industry and public adaptation.
The amendments are expected to result in net benefits of $4.95 billion over ten years, with significant reductions in mercury and greenhouse gas emissions. They also align with international efforts to phase out mercury-containing products, contributing to global environmental and health benefits. [Source]
RCMP Pension Fund Surplus Leads to Increased Benefits for Widows
The Royal Canadian Mounted Police (RCMP) (Dependants) Pension Fund has a surplus of $494,000, which exceeds the amount required for future pension payments. To ensure equitable distribution of this surplus, the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, has ordered an increase in benefits under the RCMP Pension Continuation Act.
Pensions for widows will be increased by 5% on April 1, 2023, and by 1.2% on April 1, 2024, and April 1, 2025. Lump sum benefits payable on the death of a former member without a surviving widow will also see the same increases. Residual amounts payable on the death of a former member’s widow in the 2024, 2025, or 2026 plan years will be calculated by increasing the former member’s deemed contributions by the same percentages.
The RCMP (Dependants) Pension Fund, established in 1934, provides lifetime pensions to widows of former non-commissioned officers hired between 1934 and March 1, 1949. As of March 31, 2022, there were 11 living former members and 55 widows, with average ages of 97.2 and 92.2 years, respectively. The latest actuarial report, prepared every three years, recommended the benefit increases to distribute the surplus equitably among the remaining beneficiaries.
The Order is beneficial to the widows and does not impact the general public or small businesses. The Government of Canada Pension Centre will inform the affected widows of the benefit increase. The Order is expected to have no environmental or significant gender-based impacts beyond increasing the annual pension income for a small number of senior women. [Source]
Canada Expands Sanctions on Yanukovych Associates to Support Ukraine Against Russian Aggression
The Canadian government has amended the Special Economic Measures (Ukraine) Regulations to add 10 individuals connected to former Ukrainian President Viktor Yanukovych to its sanctions list. These individuals, including former officials and influential family members, are believed to have facilitated Russia’s violation of Ukraine’s sovereignty and territorial integrity. The sanctions impose a broad dealings ban, prohibiting Canadians from engaging in transactions with these individuals.
The amendments are part of Canada’s response to Russia’s ongoing aggression against Ukraine, which began with the illegal annexation of Crimea in 2014 and escalated with a full-scale invasion in 2022. The international community, including the G7, the European Union, and other allies, has been supporting Ukraine through various measures, including sanctions.
The sanctions aim to support Ukraine’s reform efforts, impose costs on authorities in Russian-occupied areas, and undermine Russia’s military capabilities. The listed individuals have limited known linkages with Canada, so the impact on Canadian businesses is expected to be minimal. Canadian banks and financial institutions will need to update their monitoring systems to comply with the new sanctions.
The amendments align with actions taken by Canada’s international partners and are intended to pressure Russia to respect Ukraine’s sovereignty. The sanctions are unlikely to have significant environmental effects or impact vulnerable groups disproportionately. The amendments come into force immediately, and the listed individuals will be inadmissible to Canada. Compliance and enforcement will be managed by relevant Canadian authorities, with penalties for violations including fines and imprisonment. [Source]
New Protections for Endangered and Threatened Species Under Species at Risk Act
The Governor General in Council, on the recommendation of the Minister of the Environment, has amended Schedule 1 to the Species at Risk Act to include the Chestnut-collared Longspur and nine other wildlife species. These amendments involve adding species to the list under various categories such as endangered, threatened, and special concern, and reclassifying one species from threatened to endangered.
The amendments include:
- Adding the Chestnut-collared Longspur, Shagreen, Toothed Globe, Reversed Haploa Moth, Gillman’s Goldenrod, and Slender Yoke-Moss as endangered.
- Adding the Carolina Mantleslug as threatened.
- Adding the Plains Hog-nosed Snake, Manitoba Oakworm Moth, and Puvirnituq Mountain Draba as species of special concern.
The listing triggers protections and recovery planning measures under the Species at Risk Act, including prohibitions against harming the species and their habitats on federal lands, and the development of recovery strategies and management plans. These measures aim to prevent extinction, support recovery, and manage species to prevent them from becoming endangered or threatened.
The Department of the Environment consulted with Indigenous peoples, stakeholders, and the public, receiving support for the amendments. The listing of these species is expected to benefit Canadian society by preserving biodiversity, which provides socio-economic, cultural, and ecological benefits such as pest control, pollination, nutrient cycling, and scientific research value.
The costs associated with the Order are expected to be low, primarily involving the development of recovery strategies, action plans, and management plans, as well as compliance promotion and enforcement. The total estimated cost to the Government of Canada over ten years is approximately $1.8 million, with minimal costs expected for stakeholders and Indigenous peoples.
The Order supports the Federal Sustainable Development Strategy and the United Nations’ 2030 Agenda for Sustainable Development by contributing to biodiversity conservation and ecosystem health. The Department will implement compliance promotion activities and enforce the Order to ensure the protection of the listed species. [Source]
New Marine Protected Area Established to Safeguard Seamounts and Hydrothermal Vents in Offshore Pacific
The Tang.ɢwan — ḥačxʷiqak — Tsig̱is Marine Protected Area (MPA) has been designated to protect ecologically significant seamounts and hydrothermal vents in the Offshore Pacific Bioregion. The MPA covers approximately 133,017 km² and includes the seabed, subsoil to a depth of 1,000 meters, and the water column above. It consists of three management zones: the Dellwood Zone, the Union Zone, and the General Zone, each with specific boundaries and levels of protection.
A general prohibition is established against activities that disturb, damage, destroy, or remove any living marine organism or its habitat within the MPA. Exceptions to this prohibition include certain fishing activities, cable laying, vessel navigation, public safety, national defense, and approved scientific research and educational activities. Specific fishing activities allowed include non-commercial Aboriginal fishing without bottom-contact gear, pelagic hook and line fishing, and midwater trawl fishing under certain depth restrictions.
The MPA aims to conserve and protect unique seafloor features and the ecosystems they support. It contributes to Canada’s marine conservation targets, helping to achieve the goal of conserving 25% of Canada’s oceans by 2025 and 30% by 2030. The MPA replaces a previous marine refuge established in 2017, enhancing protection by restricting additional activities.
Consultations over three years involved various stakeholders, including First Nations, government bodies, marine industries, and conservation organizations. The MPA’s design and regulations reflect input from these consultations, balancing conservation needs with economic opportunities for fishers. The MPA will be managed cooperatively with First Nations, and a management plan will be developed to guide its implementation.
The socio-economic impacts of the MPA are minimal, with negligible incremental costs for the fishing industry and government. The MPA provides long-term ecological benefits, including the protection of biodiversity and potential spillover benefits to adjacent fisheries. The regulations align with international commitments and Canada’s MPA Protection Standard, prohibiting activities like oil and gas exploration, mining, and bottom trawl fishing. Compliance and enforcement will be managed by Fisheries and Oceans Canada, with penalties for violations. [Source]
Canada Extends Duty Relief on Ukrainian Imports to Support Amid Conflict
The Canadian government has extended the Ukraine Goods Remission Order to support Ukraine’s economy amid ongoing conflict with Russia. This extension allows for the remission of customs duties, anti-dumping, and countervailing duties on Ukrainian goods imported into Canada from June 9, 2024, to June 9, 2025, excluding over-access supply-managed products like dairy, poultry, and eggs. The original order, effective since June 9, 2022, aimed to aid Ukraine’s manufacturing and trade activities by providing comprehensive duty relief.
The extension is part of Canada’s broader response to Russia’s invasion of Ukraine, which includes various sanctions and support measures. The Canada-Ukraine Free Trade Agreement (CUFTA) already provides duty-free treatment for most Ukrainian goods, but the remission order offers additional temporary relief and flexibility in import requirements.
The government has monitored the impact of the original order and engaged with domestic industry stakeholders, leading to the decision to extend the remission. The measure is expected to remit about $1.8 million in duties over the next year, benefiting Canadian importers and supporting Ukrainian exports. The Canada Border Services Agency will oversee compliance, and the government will continue to engage with stakeholders and monitor imports. [Source]