Part 1, Volume 158 #34
Highlights
- Manitoba Hydro seeks approval to export electricity to the U.S. and public input is requested.
- The Canada Revenue Agency plans to revoke the Jabez Foundation’s registration.
- The Canadian International Trade Tribunal (CITT) will review appeals on import duty and tax refunds, and is conducting an expiry review on copper tube dumping.
- Evripos Janitorial Services filed a complaint about a procurement process.
- The CRTC has posted regulatory documents and decisions, including applications from Corus Entertainment and a decision on CFED-FM.
- New instructions for study permit applications require a provincial attestation letter to manage application numbers.
- Restrictions are imposed on the use of octanamide, N-hydroxy- for non-cosmetic applications.
- Interim order issued to control benzene emissions from petrochemical facilities in Sarnia, Ontario.
- The Government of Canada is seeking diverse candidates for various positions.
- Validus Reinsurance and Westport Insurance plan to release their assets in Canada, with opposition deadlines set.
- Western Assurance, Intact Insurance, and another company plan to amalgamate.
- Enhanced steel import monitoring will require country of melt and pour information.
- Proposed amendments to import permits for specialty steel products include new reporting requirements.
- SOCAN Tariff 23 sets royalties for hotel and motel in-room audiovisual and musical services.
Regulatory Updates: Manitoba Hydro Export Application, CRA Charity Revocation, CITT Hearings, and CRTC Decisions
Manitoba Hydro has applied to the Canada Energy Regulator (CER) for authorization to export up to 39,700,000 MWh of electricity annually to the United States for ten years starting November 1, 2025. The CER is seeking public input on the application, particularly regarding its impact on other provinces and whether Manitoba Hydro has offered Canadian buyers the opportunity to purchase electricity on similar terms. Submissions are due by September 27, 2024, and responses from the applicant are due by October 14, 2024.
The Canada Revenue Agency has issued a notice of intent to revoke the registration of the Jabez Foundation for failing to meet certain requirements of the Income Tax Act.
The Canadian International Trade Tribunal (CITT) will hold hearings on two appeals: one involving the importation and duty reduction eligibility of a 2019 Nissan Sentra, and another concerning a refund of federal excise tax for Norcan Petroleum Products. Additionally, the CITT is initiating an expiry review of orders related to the dumping and subsidizing of circular copper tubes from several countries. Interested parties must file notices of participation by August 27, 2024, with a hearing scheduled for April 7, 2025.
The CITT has also received a complaint from Evripos Janitorial Services regarding a procurement by the Department of Public Works and Government Services, alleging a breach of trade agreement obligations due to Evripos’ bid rejection.
The Canadian Radio-television and Telecommunications Commission (CRTC) has posted several regulatory documents and decisions on its website, including an application from Corus Entertainment Inc. for various online undertakings and a decision regarding the Société Radio Communautaire du Grand Edmonton Society’s CFED-FM in Edmonton, Alberta. [Source]
New Regulations on Study Permits, Chemical Use, Benzene Emissions, and Government Appointments
The Minister of Citizenship and Immigration has issued new instructions for processing study permit applications, requiring a provincial or territorial attestation letter confirming the applicant’s space within the provincial allocation. This measure aims to manage the number of study permit applications, capped at 606,250 for one year starting January 22, 2024. Certain categories of applications, such as those for primary or secondary education, graduate programs, and specific scholarships, are exempt from these conditions. Applications without the required attestation letter will not be processed, and fees will be returned.
The Minister of the Environment has imposed conditions on the manufacture or import of the substance octanamide, N-hydroxy-, restricting its use to non-cosmetic applications. The notifier must inform recipients of these conditions and maintain detailed records of the substance’s use and distribution.
An interim order has been issued to control benzene releases from petrochemical facilities in Sarnia, Ontario, with plans to recommend permanent regulations. The final regulations will require emission controls on storage tanks with high benzene content and apply to standalone petrochemical facilities. Public consultations have influenced the development of these regulations.
The Government of Canada is seeking diverse candidates for various Governor in Council positions, emphasizing the importance of a transparent, merit-based appointment process that reflects Canada’s diversity and promotes a respectful, harassment-free workplace. Current opportunities include positions in organizations such as the Bank of Canada, Canada Deposit Insurance Corporation, and Canadian Energy Regulator, among others. [Source]
Reinsurance and Insurance Companies Announce Asset Releases and Amalgamation Plans
Validus Reinsurance, Ltd. plans to apply for the release of its assets in Canada, as per the Insurance Companies Act. Policyholders or creditors opposing this release must file their opposition by October 7, 2024, to the Office of the Superintendent of Financial Institutions (OSFI).
Western Assurance Company, Intact Insurance Company, and 13130126 Canada Inc. intend to amalgamate into one company named “Intact Insurance Company” in English and “Intact Compagnie d’assurance” in French, with the head office in Toronto. They will apply for letters patent of amalgamation to the Minister of Finance on or after September 9, 2024. The proposed effective date for the amalgamation is January 1, 2025, subject to approval.
Westport Insurance Corporation also intends to apply for the release of its assets in Canada. Policyholders or creditors opposing this release must file their opposition by September 30, 2024, to the OSFI. [Source]
Canada Enhances Steel Import Monitoring with New Reporting Requirements
The Government of Canada is enhancing its steel import monitoring by requiring importers to provide country of melt and pour (COM) information for steel imports. This initiative aims to increase transparency in the steel supply chain and improve data quality. The Canada Border Services Agency (CBSA) will collect this information through the Single Window Integrated Import Declaration (SW IID) system, which most importers already use. The amendments to the General Import Permits (GIP) No. 80 and No. 81 will make it mandatory for importers to provide COM data at the time of importation.
Public consultations showed strong support for this measure, provided it does not increase administrative or cost burdens. The CBSA has made technical changes to facilitate this process, and the implementation will occur in phases, starting with optional provision of COM data and moving to mandatory reporting.
The amendments are expected to benefit Canada’s steel import monitoring capabilities without significantly impacting importers. Small businesses will face minimal additional costs, and imports under $5,000 or certain steel products will be exempt from the COM reporting requirement. The changes align with commitments made in a joint statement with the United States to monitor steel imports more effectively. Compliance will be monitored by the CBSA and Global Affairs Canada (GAC), with penalties for non-compliance. [Source]
Proposed Amendments to General Import Permit No. 81 for Specialty Steel Products
The Minister of Foreign Affairs proposes amendments to the General Import Permit No. 81 for Specialty Steel Products under the Export and Import Permits Act. Interested parties have 30 days to submit comments on the proposed changes. The amendments include:
- Requiring Canadian residents to include the statement “GIP81” or “LGI81” when accounting for imported goods under the Customs Act.
- Mandating the specification of the country of melt and pour for imported goods at the time of importation, as determined by the Canada Border Services Agency. The country of melt and pour refers to where the raw steel is first produced and poured into its initial solid state.
- Exempting CSA importers from certain requirements if they release steel goods under specific conditions of the Customs Act.
- Exempting imports with a total value for duty not exceeding $5,000 or specific types of steel products from the requirement to specify the country of melt and pour.
The order will come into force on November 5, 2024, or upon registration if it occurs after this date. The document also outlines terms of use and privacy notices for submitting comments, emphasizing the importance of not including personal, classified, or inappropriate information. Comments will be publicly posted on the Canada Gazette website for at least 10 years, and personal information will be protected under the Privacy Act. [Source]
SOCAN Tariff 23 Royalties for Hotel and Motel In-Room Audiovisual and Musical Services 2025-2027
SOCAN Tariff 23 outlines the royalties payable for the communication of works in SOCAN’s repertoire via hotel or motel in-room audiovisual or musical services for the years 2025 to 2027. The royalties are set at 1.25% of fees paid by guests for audiovisual works (excluding mature audience films), 0.3125% for mature audience films containing SOCAN-licensed works, and 5.5% of the revenues from musical services.
Royalties are due within 60 days after each quarter, accompanied by detailed reports on fees, titles of audiovisual works, and documentation for mature audience films. The tariff excludes communications related to television signals for private use, online services, and pay audio services, as well as Internet access and video game services.
SOCAN reserves the right to audit users’ records to verify royalty payments. Late payments will incur interest, and all amounts are exclusive of taxes. [Source]