Highlights

  • Manitoba Hydro seeks authorization to export electricity to the U.S., with public input requested on the impact and fairness to Canadian buyers.
  • The CRA plans to revoke the registration of two charities for non-compliance with the Income Tax Act.
  • The CITT is investigating procurement complaints involving various government departments and companies.
  • New Ministerial Instructions aim to reduce border wait times by refusing certain work permit applications at Canadian ports of entry.
  • New regulations restrict sewage and greywater discharge by cruise ships in Canadian waters, with specific conditions and exceptions.
  • Interim Orders define compulsory pilotage areas and set conditions for pilotage certificates and ship classes.
  • Updated guidance on Administrative Monetary Penalties and licensing processes for certain spectrum bands has been released.
  • The Privy Council Office seeks diverse candidates for Governor in Council positions, emphasizing diversity and inclusion.
  • The Supreme Court of Canada has announced its session commencement dates for 2024 and 2025.
  • Allianz Life Insurance Company plans to apply for an order to release its Canadian assets, with opposition filings due by a specified date.
  • MD Life Insurance Company and Scotia Life Insurance Company intend to merge, subject to approval.
  • Amendments to energy efficiency regulations aim to reduce energy use and GHG emissions, harmonizing with U.S. standards where possible.
  • Proposed regulations enhance marine oil spill response readiness, updating requirements for Response Organizations and Oil Handling Facility operators.

Manitoba Hydro Seeks CER Approval for U.S. Electricity Export; CRA Revokes Two Charities; CITT Investigates Multiple Procurement Complaints

Manitoba Hydro has applied to the Canada Energy Regulator (CER) for authorization to export electricity to Minnkota Power Cooperative, Inc. in the U.S. from January 1, 2025, to December 31, 2029. The CER seeks public input on the application, particularly regarding its impact on other provinces and whether Manitoba Hydro has offered similar terms to Canadian buyers. Submissions are due by July 22, 2024, and responses by August 6, 2024.

The Canada Revenue Agency (CRA) has issued notices of intent to revoke the registration of two charities, the Engelking Foundation and Société Québécoise de la Trisomie-21, for failing to meet specific requirements of the Income Tax Act. The revocations are effective upon publication of the notice.

The Canadian International Trade Tribunal (CITT) has initiated inquiries into several procurement complaints. SPX Aids to Navigation LLC alleges irregularities in a Department of Public Works and Government Services (PWGSC) procurement for beacon and radar equipment. Oracle Canada ULC claims that Shared Services Canada (SSC) unfairly restricted how bidders could meet a mandatory criterion in a cloud-based services procurement. C-CORE contends that the Department of Natural Resources (NRCan) used undisclosed criteria to disqualify its bid for geospatial web harvester development. Great Lakes Maskwa Aviation General Partner Corp. (GLMAC) alleges that PWGSC wrongly rejected its bid for air charter services. Dave Stewart claims that the Canadian Tourism Commission (CTC) used an unfair evaluation methodology in a video and photo production services procurement. [Source]

New Regulations on Work Permits, Cruise Ship Discharges, Pilotage Areas, Spectrum Licensing, and Governor in Council Positions Announced

The Department of Citizenship and Immigration has issued new Ministerial Instructions to refuse processing certain work permit applications made by foreign nationals at Canadian ports of entry, specifically targeting post-graduation work permits. This aims to reduce border wait times and improve customs and immigration examinations.

The Department of Transport has introduced Interim Order No. 2 to regulate the discharge of sewage and greywater by cruise ships in Canadian waters, prohibiting such discharges within three nautical miles from shore and setting conditions for discharges beyond this limit. Exceptions are provided for safety and lack of adequate reception facilities.

Interim Orders No. 3 for the Belledune and Sheet Harbour compulsory pilotage areas have been issued, defining specific navigable waters as compulsory pilotage areas and setting conditions for pilotage certificates and ship classes subject to compulsory pilotage.

Innovation, Science and Economic Development Canada announced the release of updated guidance on Administrative Monetary Penalties under the Radiocommunication Act and decisions on the licensing process for existing licensees in the 24 and 38 GHz bands, including considerations for future spectrum repurposing.

The Privy Council Office is seeking diverse and talented Canadians for various Governor in Council positions, emphasizing the importance of diversity, inclusion, and a harassment-free work environment.

The Supreme Court of Canada has announced the commencement dates for its upcoming sessions in 2024 and 2025. [Source]

Allianz Asset Release and MD-Scotia Life Amalgamation Plans

Allianz Life Insurance Company of North America plans to apply for an order to release its assets in Canada, as per the Insurance Companies Act. Policyholders or creditors opposing this release must file their opposition by July 15, 2024, to the Office of the Superintendent of Financial Institutions (Canada).

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. The head office of the new company will be in Toronto, Ontario, with the proposed amalgamation effective from November 1, 2024, subject to the approval process and discretion of the Minister of Finance. [Source]

Canada Updates Energy Efficiency Regulations to Reduce Emissions and Harmonize with U.S. Standards

Canada’s building and industrial sectors significantly contribute to the country’s energy consumption and greenhouse gas (GHG) emissions. To address this, the government is amending energy efficiency regulations to reduce energy use and support the goal of net-zero emissions by 2050. The amendments aim to harmonize Canada’s standards with those of the United States, reducing regulatory differences that hinder trade and increase costs. Some products will have more stringent standards than the U.S. to achieve greater energy savings.

The amendments will update energy efficiency and testing standards for various products, expand the use of ambulatory incorporation by reference to U.S. standards, and enable quicker regulatory adjustments. Transitional provisions will allow early voluntary compliance with new requirements. The changes are expected to benefit Canadians by reducing energy consumption, lowering energy costs, and decreasing GHG emissions. The net benefits are estimated to be about $51 billion by 2050, with significant reductions in energy consumption and GHG emissions.

The amendments address issues such as the misalignment of testing standards with the U.S., which can increase costs and reduce product availability. The Energy Efficiency Act, passed in 1992, provides the framework for these regulations, which have been regularly updated to improve energy efficiency in various sectors. The amendments align with several government plans and international commitments to reduce GHG emissions and improve energy efficiency.

The amendments will introduce or update standards for products like air compressors, faucets, line-voltage thermostats, pool pumps, showerheads, room air conditioners, large air conditioners, central air conditioners, heat pumps, water heaters, and general service lamps. The changes will harmonize with U.S. standards where possible, but some products will have stricter standards to meet Canada’s specific needs.

Stakeholders, including manufacturers, industry associations, and other interested parties, were consulted during the development of the amendments. While generally supportive, some expressed concerns about specific products. The amendments aim to balance the need for harmonization with the U.S. and the goal of achieving significant energy savings and GHG reductions.

The amendments will also include provisions for third-party verification, compliance reporting, and labelling requirements to ensure transparency and accountability. The overall goal is to create a more sustainable and resilient economy by improving energy efficiency and reducing GHG emissions. [Source]

Enhanced Marine Oil Spill Response Regulations in Canada

The proposed regulations aim to enhance Canada’s readiness to respond to marine oil spills by updating and consolidating requirements for Response Organizations (ROs) and Oil Handling Facility (OHF) operators under the Environmental Response Regulations (ERR). The Response Organizations Regulations (ROR) will be repealed, and their content will be integrated into the ERR.

Key issues addressed include outdated ROR requirements, gaps in ERR provisions, and the need for response plans tailored to local conditions. The proposed regulations will require ROs to develop sub-regional area response plans (ARPs), establish an activation time standard, and implement formalized exercise program requirements. They will also clarify and enhance reporting and notification requirements for ROs, ensuring they have the capacity to respond to oil spills up to 10,000 tonnes.

OHF operators will face revised requirements, including harmonized minimum response equipment standards for facilities north and south of 60°N, clearer classification criteria based on actual oil transfer rates, and mandatory implementation of exercise programs. The regulations will also require OHF operators to submit post-incident reports and maintain training records for at least three years.

The proposed regulations are expected to result in a net cost of $1.09 million over 11 years, with costs incurred by ROs, OHFs, and the Government of Canada. However, they are anticipated to improve oil spill response planning, preparedness, and compliance monitoring, ultimately supporting marine safety and environmental protection.

Consultations with stakeholders, including industry groups, Indigenous communities, and local governments, have generally supported the proposed changes, emphasizing the importance of tailored response plans and increased local community participation in spill response activities. The regulations will come into force one year after publication, providing regulated parties time to comply with the new requirements. [Source]

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