Highlights

  • The CBSA has determined dumping of wire rod from certain countries, with provisional duties in place pending a final decision on injury to Canadian industry.
  • Several charities have had their registrations revoked due to consolidation or mergers.
  • The CITT is investigating a complaint from Oracle Canada about a procurement process by Shared Services Canada.
  • The CRTC has posted applications and decisions related to broadcasting services.
  • The Government of Canada has released a draft strategy to minimize vertebrate animal testing and is seeking public comments.
  • Applications are open for various Governor in Council positions, emphasizing diversity and inclusion.
  • PACICC plans to incorporate a new insurance company, with objections to be submitted by a specified date.
  • SNCC seeks approval for a reinsurance agreement with Tokio Marine Canada Ltd.
  • Validus Reinsurance, Ltd. plans to release its assets in Canada, with opposition filings required by a specified date.
  • Proposed regulations aim to improve funding flexibility and sustainability for federally regulated pension plans.
  • The VORR is being modernized to streamline the process for implementing vessel operation restrictions on local waterways.

Canadian Trade and Regulatory Updates on Dumping, Charities, Procurement, and Broadcasting

The Canada Border Services Agency (CBSA) has made a final determination of dumping concerning wire rod from China, Egypt, and Vietnam, which are classified under specific tariff numbers. The Canadian International Trade Tribunal (CITT) is continuing its inquiry into whether this dumping has caused or threatens to cause injury to the Canadian industry, with a decision expected by October 4, 2024. Provisional duties will remain in place until the CITT’s decision. If injury is confirmed, anti-dumping duties will be applied to future imports of these goods.

The Canada Revenue Agency has announced the revocation of registration for several charities that have consolidated or merged with other organizations. This revocation is effective immediately upon publication.

The Canadian International Trade Tribunal has initiated an inquiry into a complaint from Oracle Canada ULC regarding a procurement by Shared Services Canada for cloud-based services. Oracle claims that a mandatory criterion in the solicitation limits competition, violating trade agreements.

The Canadian Radio-television and Telecommunications Commission (CRTC) has posted several applications for renewal or amendment of broadcasting undertakings and has made administrative decisions and orders related to various broadcasting services. These documents and related proceedings are available on the CRTC’s website. [Source]

Canada’s Draft Strategy to Minimize Animal Testing and Call for Diverse Leadership Applications

The Government of Canada has released a draft strategy to replace, reduce, or refine vertebrate animal testing under the Canadian Environmental Protection Act, 1999 (CEPA). The strategy aims to guide Health Canada and Environment and Climate Change Canada in minimizing animal testing through scientifically justified alternative methods. The draft includes five key elements: identifying and prioritizing new approach methods, advancing research and data generation, promoting harmonization and collaboration, engaging in communication and consultation with stakeholders, and implementing these strategies in CEPA regulatory programs. Public comments on the draft strategy are invited until November 13, 2024.

Additionally, the Government of Canada is seeking diverse and talented individuals for various Governor in Council positions. These positions are open for applications for a minimum of two weeks from their posting date. The government emphasizes the importance of diversity, inclusion, and a harassment-free work environment in its appointment process. Current opportunities include roles such as Director at the Bank of Canada, Chairperson at the Canada Deposit Insurance Corporation, and various other leadership positions across multiple organizations. [Source]

Insurance Company Applications and Reinsurance Agreements Notice

Property and Casualty Insurance Compensation Corporation (PACICC) plans to apply for letters patent to incorporate a new property and casualty insurance company named PACICC-SIMA General Insurance Company, based in Toronto, Ontario. The company will only operate under special circumstances as determined by the PACICC Board. Objections to this application can be submitted to the Office of the Superintendent of Financial Institutions (OSFI) by October 22, 2024.

Safety National Casualty Corporation (SNCC) intends to seek approval from the Superintendent of Financial Institutions to have its risks reinsured by Tokio Marine Canada Ltd. on an assumption basis. The reinsurance agreement will be available for inspection by policyholders at SNCC’s Toronto office for 30 days following the notice’s publication. Policyholders can request a copy of the agreement in writing.

Validus Reinsurance, Ltd. plans to apply for the release of its assets maintained in Canada. Policyholders or creditors opposing this release must file their opposition with the OSFI by October 7, 2024. [Source]

Proposed Pension Regulations Introduce Solvency Reserve Accounts and Adjust Funding Requirements for Enhanced Retirement Security

Employers sponsoring federally regulated defined benefit pension plans face volatile funding requirements and strict limits on surplus refunds, leading to minimal contributions and prolonged deficits. Multi-employer pension plans (MEPPs) have lower termination risks compared to single-employer plans, making the same funding requirements potentially detrimental to retirees’ benefits.

The proposed regulations introduce Solvency Reserve Accounts (SRAs) to allow employers to withdraw excess funds if the plan is sufficiently funded, encouraging higher contributions and improving retirement security. For MEPPs, the required solvency ratio would be reduced from 100% to 85%, aligning federal standards with provincial ones and enhancing long-term sustainability.

SRAs would be separate accounts within pension funds, with specific conditions for establishment, eligible payments, withdrawal limits, and reporting requirements. Employers could only remit certain payments into SRAs and withdraw funds without reducing the plan’s solvency or going concern ratios below 105%. Annual withdrawals are capped at 20% of the eligible surplus.

The changes aim to provide more funding flexibility, promote plan sustainability, and improve retirement security for members and retirees. The regulations are expected to incur minimal costs for plan administrators and do not impact small businesses. The proposed changes align with similar provincial regulations and do not have significant environmental or gender-based impacts. The Office of the Superintendent of Financial Institutions will oversee compliance. [Source]

Streamlining Vessel Operation Restrictions for Local Waterway Safety and Environmental Protection

The Vessel Operation Restriction Regulations (VORR) are being modernized to address concerns about the lengthy process for implementing vessel operation restrictions on local waterways. Currently, it can take up to four years for a new restriction to be enforced. The modernization aims to streamline this process, allowing for quicker implementation of restrictions by incorporating the schedules of the VORR into a Transport Canada (TC) publication, which can be updated without going through the lengthy regulatory amendment process.

Local authorities have expressed frustration with the current process, which requires extensive preparation and testing of alternative measures before applying for restrictions. The new approach will allow local authorities to submit requests by mid-September and have restrictions in place by the next boating season. Additionally, the Minister of Transport will have new powers to issue temporary orders to address urgent safety or environmental issues.

The modernization also includes clarifying the wording of certain restrictions to avoid confusion, updating the Local Authorities’ Guide to provide clearer instructions, and creating a standardized application template. The process for designating enforcement officers will be expedited by using new authorities under the Canada Shipping Act, 2001, allowing for faster deployment of enforcement resources.

Stakeholder consultations revealed support for the proposed changes but emphasized the need for robust local consultations and evidence-based applications. The new process will ensure that local authorities consult with all relevant stakeholders and provide comprehensive analyses in their applications.

The proposed changes aim to reduce the time required to implement vessel operation restrictions, provide clearer guidelines for local authorities, and ensure timely enforcement of restrictions to protect the safety and environment of local waterways. [Source]

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