Highlights

  • The Canada Revenue Agency mistakenly published a notice to revoke a charity’s registration.
  • The Canadian International Trade Tribunal (CITT) is handling appeals and inquiries related to weapon classification and procurement complaints.
  • The Public Service Commission of Canada has permitted several individuals to run in federal and municipal elections.
  • The Canadian Environmental Protection Act requires information for importing or manufacturing certain substances, with recent waivers granted to various companies.
  • The Minister of Transport increased borrowing limits for several port authorities.
  • The Government of Canada is seeking applications for various Governor in Council positions, emphasizing diversity and inclusion.
  • Banking Circle S.A. plans to establish a full-service branch in Canada, subject to approval.
  • Proposed changes to the Impact Assessment Act aim to streamline processes for low-risk projects.
  • The Minister of the Environment requires information on certain PFAS substances to assess their toxicity and potential control measures.

Canadian Agencies Address Charity Error, Weapon Classification, Contract Complaints, and Election Permissions

The Canada Revenue Agency mistakenly published a notice of intention to revoke the registration of the Ontario DeMolay Foundation charity. The Canadian International Trade Tribunal (CITT) will consider an appeal regarding the classification of a “Red Widow Necklace Knife” as a prohibited weapon. The CITT is also conducting inquiries into complaints from TYR Tactical Canada ULC and Fraser River Pile & Dredge (GP) Inc. TYR alleges that Public Works and Government Services Canada (PWGSC) did not properly explain why it was not selected for a contract, while Fraser River Pile & Dredge raises concerns about irregularities and unfair practices in a marine construction services procurement. The Public Service Commission of Canada has granted permission and leave for David de Repentigny to run in a federal election, and for Rachel Fahlman and Robert Schindler to run in municipal elections. [Source]

Environmental Waivers Granted, Port Authority Borrowing Limits Increased, and Government Seeks Diverse Leadership

The Canadian Environmental Protection Act, 1999, requires individuals proposing to import or manufacture living organisms or substances not on the Domestic Substances List to provide specific information to the Minister of the Environment. However, under certain conditions, these requirements can be waived. Recently, the Minister of the Environment granted waivers to several companies, including Canadienzyme Inc., Cordex Biologics Inc., Janssen Inc., Qeen Biotechnologies, and Solid Biosciences, for various data requirements related to antibiotic susceptibility and the effects of living organisms on different species. Similarly, waivers were granted to companies like 3313045 Nova Scotia Company, Milliken & Company, NextStar Energy Inc., Sika Canada Inc., and Wego Chemical Group for data requirements related to properties such as octanol/water partition coefficient, density, water solubility, and hydrolysis rate.

Additionally, the Minister of Transport issued supplementary letters patent to increase the borrowing limits for the Halifax Port Authority, Hamilton-Oshawa Port Authority, and Saguenay Port Authority. The Halifax Port Authority’s borrowing limit was increased to $160 million, the Hamilton-Oshawa Port Authority’s to $100 million, and the Saguenay Port Authority was granted an additional borrowing limit of $36.8 million for a specific conveyor project.

The Government of Canada is also seeking applications for various Governor in Council positions, emphasizing diversity, inclusion, and a harassment-free work environment. Current opportunities include positions such as Director at the Bank of Canada, Chairperson at the Canada Deposit Insurance Corporation, and several other roles across different organizations. [Source]

Banking Circle S.A. Seeks Approval for Canadian Branch in Toronto

Banking Circle S.A., a foreign bank headquartered in Luxembourg, plans to apply to the Canadian Minister of Finance for permission to establish a full-service branch in Canada. The proposed branch, to be named Banking Circle S.A. - Canada Branch, will be located in Toronto, Ontario. The ultimate controlling shareholder of Banking Circle S.A. is EQT Fund Management S.à r.l., managing EQT VIII. Objections to this proposal can be submitted in writing to the Office of the Superintendent of Financial Institutions in Ottawa by September 9, 2024. The approval of this application is subject to the normal review process under the Bank Act of Canada and the discretion of the Minister of Finance. [Source]

Streamlining Low-Risk Project Exclusions Under the Impact Assessment Act

The Impact Assessment Act (IAA) outlines requirements for projects on federal lands or outside Canada, involving federal authorities in various capacities. The Minister of the Environment can designate classes of projects with only insignificant adverse environmental effects, exempting them from IAA requirements. The current Ministerial Exclusion Order, effective since 2019, lists routine, low-risk projects. However, many minor projects still require assessment, causing delays and resource allocation issues.

Proposed changes aim to expand the number of excluded project classes, ensuring they meet size thresholds and conditions to maintain insignificant adverse effects. This would streamline processes for low-risk projects, allowing resources to focus on higher-risk assessments.

The IAA’s impact assessment process involves public and Indigenous engagement, focusing on major projects with significant potential effects. For non-designated projects, authorities must review and determine potential significant adverse effects before proceeding. The current Ministerial Exclusion Order excludes certain low-risk projects, but more classes are proposed for exclusion to improve efficiency.

The proposed changes include new classes of projects, adjustments to existing classes, and modifications to general conditions. Criteria for new classes include minimal environmental interaction, no need for other federal authorizations, and established mitigation measures. Cumulative effects were considered, and conditions were set to limit potential impacts.

Schedules in the Ministerial Exclusion Order list excluded project classes by location. Schedule 1 covers federal lands and lands outside Canada, Schedule 2 covers lands administered by Parks Canada, and a new Schedule 3 covers national wildlife areas. Changes include new classes like small structures, utility infrastructure, and minor road projects, with specific conditions to ensure low environmental impact.

Consultations with authorities and stakeholders since 2020 informed the proposed changes. Authorities supported the changes, emphasizing the need to reduce administrative burdens for low-risk projects. Modern treaty obligations and Indigenous consultation were considered, ensuring no significant impacts on treaty rights.

The proposed changes would reduce the number of projects requiring IAA assessments, benefiting authorities and the public by minimizing delays and focusing resources on higher-risk projects. There are no incremental costs, and the changes align with existing legislative frameworks. The proposal includes detailed criteria and conditions for excluded project classes, ensuring only projects with insignificant adverse effects are exempted. [Source]

PFAS Reporting Requirements for Environmental Assessment

The Minister of the Environment requires information on certain per- and polyfluoroalkyl substances (PFAS) to assess their toxicity and potential control measures. This notice applies to individuals or entities who manufactured, imported, or used specified quantities of these substances in 2023. The required information includes details about the substances, their quantities, uses, and any known releases from facilities. Responses must be submitted by January 29, 2025, using Environment and Climate Change Canada’s online reporting system.

Confidentiality requests can be made, and extensions for submission deadlines may be requested in writing. The notice excludes substances in transit, for personal use, or used in specific regulated products like pest control, fertilizers, and feeds. Micro-businesses are also exempt.

The notice categorizes substances into three parts and provides detailed application and function codes to classify their uses. The information gathered will help establish baseline data for future regulatory actions on PFAS. Non-compliance with the notice can result in significant fines and penalties. [Source]

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