Part 2, Volume 158 #21
Highlights
- Amendments to various Canadian regulations and acts address changes in government institutions, trade measures, and correctional practices.
- The Canadian government has imposed a surtax on Chinese electric vehicles to protect domestic industries.
- Corrections regulations now allow body scanners in federal institutions to improve contraband detection.
- Changes to the First Nations Elections Act enable certain First Nations to adopt a new electoral system for enhanced governance.
- Amendments to economic measures regulations impose sanctions on individuals and entities involved in international conflicts and human rights violations.
- Updates to the Divorce Act and other regulations aim to improve accessibility and consistency in legal and administrative processes.
- Financial relief measures are provided for those affected by wildfires in Jasper National Park.
- New safety standards for laser products align with international standards to enhance public safety.
Amendments to Access to Information Act Schedule I and Related Updates
The Order amends Schedule I to the Access to Information Act by removing references to government institutions that no longer exist or have merged into other entities. Specifically, it deletes institutions like the Canadian Advisory Council on the Status of Women and the Indian Residential Schools Truth and Reconciliation Commission, among others, which have ceased to exist. It also removes institutions that have become part of other government bodies, such as the Canadian Government Specifications Board and the Office of the Comptroller General. Additionally, the Hamilton Port Authority and the Oshawa Port Authority are replaced by the Hamilton-Oshawa Port Authority following their merger. The amendments also clarify cross-references in the Privacy Act Extension Order No. 1 and update references to the Immigration Act, 1976, which has been replaced by the Immigration and Refugee Protection Act. These changes do not affect administrative costs or burdens on businesses and have no impact on small businesses in Canada. [Source]
Canadian Hatching Egg Quota Regulations Updated for 2024-2025
The Canadian Hatching Egg Producers, established under the Farm Products Agencies Act, have amended their Quota Regulations to set limits on broiler hatching eggs for 2024 and 2025. These amendments, approved by the National Farm Products Council, are necessary for implementing the marketing plan authorized for the Agency. The regulations specify the number of broiler hatching eggs allowed for interprovincial and intraprovincial trade in six provinces: Ontario, Quebec, Manitoba, British Columbia, Saskatchewan, and Alberta. For 2024, the limits are set, and for 2025, the limits have been revised upwards for each province. The amendments do not allocate any eggs for export trade. The changes aim to manage the production and distribution of broiler hatching eggs within Canada effectively. [Source]
Canada imposes surtax on Chinese electric vehicles to protect domestic industry
The Canadian government has imposed a 100% surtax on electric vehicles (EVs) produced in China, effective October 1, 2024, in response to China’s non-market practices in the EV sector that adversely affect Canadian trade. This measure aims to protect Canadian workers and the EV supply chain from unfair competition due to China’s subsidization, lax labor and environmental standards, and other practices that lower production costs. The surtax is intended to level the playing field for Canadian producers, preserve North American automotive supply chains, and prevent a surge of Chinese EV imports. The decision follows consultations with stakeholders and aligns with similar actions by the U.S. and the EU. The surtax is expected to reduce imports from China, with a shift to other EV-producing countries, and support domestic EV production. While there may be short-term impacts on EV adoption in Canada, the long-term goal is to support the Canadian automotive industry’s transition to EVs with a lower environmental impact. The measure will be implemented by the Canada Border Services Agency, with exemptions for goods in transit to Canada on the effective date. [Source]
Implementation of Body Scanners and Dry Cell Reforms in Federal Prisons
The amendments to the Corrections and Conditional Release Regulations enable the Correctional Service of Canada (CSC) to implement body scanner technology to detect contraband in federal correctional institutions. These regulations define the type, manner, and circumstances of body scanner use and introduce a framework for dry cell detention, specifying criteria, duration limits, and oversight to ensure humane treatment while maintaining institutional security.
Body scanners can detect contraband on or inside a person’s body, offering a less invasive alternative to strip searches. The regulations allow for non-detailed and detailed body scan searches, with specific circumstances outlined for each. Non-detailed scans produce a silhouette image, while detailed scans provide a more comprehensive view, similar to an X-ray. The use of body scanners is expected to reduce the need for strip searches and address gender, religious, and cultural considerations.
The amendments also reform the use of dry cells, which are cells without plumbing used to monitor inmates suspected of carrying contraband internally. The regulations limit dry cell detention to 72 hours, with possible extensions under specific conditions, and require ongoing health monitoring. The institutional head must rely on body scan results, where available, to authorize or continue dry cell detention.
The regulatory changes aim to balance security needs with the humane treatment of inmates, enhancing oversight and transparency. The CSC has consulted with various stakeholders, including provincial correctional services and health authorities, to develop these regulations. The amendments are expected to improve contraband detection, reduce time spent in dry cells, and ensure better health monitoring for inmates. [Source]
Updated Order for Spotted Gar Critical Habitat Protection
The Spotted Gar, listed as an endangered species under the Species at Risk Act (SARA), has a critical habitat identified in its recovery strategy. A new order has been issued to update the description of this habitat, replacing the outdated 2017 order. The updated order maintains the prohibition against destroying the Spotted Gar’s critical habitat, except in areas protected under subsection 58(2) of SARA, such as certain parks and wildlife areas. The new order does not specify these areas to avoid future updates, as they are protected by other provisions of SARA. The replacement order does not introduce new protections but clarifies existing ones, ensuring no confusion about the areas excluded from the order. The order imposes no additional costs or administrative burdens and aligns with international biodiversity commitments. Compliance with SARA remains essential, with penalties for violations. [Source]
Integration of SSO Employees into Core Public Administration
Statistics Survey Operations (SSO), a program of Statistics Canada, was established as a separate agency in 1987 to allow its employees to be represented by a distinct bargaining unit due to differing employment terms. However, as of November 23, 2023, all SSO employees have been integrated into the core public administration and are now covered by the Program and Administrative Services (PA) group collective agreement. Consequently, there will be no future appointments to the SSO bargaining unit, rendering the maintenance of SSO as a separate agency unnecessary. The Governor in Council, on the recommendation of the Minister of Industry, has ordered the removal of SSO from Schedule V of the Financial Administration Act, as it no longer has any employees. This amendment aims to repeal outdated statutory provisions without affecting administrative costs or small businesses. [Source]
Kinonjeoshtegon First Nation Joins First Nations Elections Act
The council of the Kinonjeoshtegon First Nation requested the addition of their name to the schedule of the First Nations Elections Act. The Minister of Indigenous Services, Patricia Hajdu, approved this request. Consequently, the Kinonjeoshtegon First Nation is now included in the schedule, and their first council election is set for July 22, 2025. The order takes effect upon registration. [Source]
Pasqua First Nation Added to First Nations Elections Act Schedule
The council of the Pasqua First Nation #79 requested the addition of their name to the schedule of the First Nations Elections Act, which was granted by the Minister of Indigenous Services. Consequently, the Pasqua First Nation #79 is now included in the schedule, and their first council election is set for March 3, 2025. The order comes into effect upon registration. [Source]
Sunchild First Nation Joins First Nations Elections Act with Election Set for March 2025
The council of the Sunchild First Nation requested the addition of their name to the schedule of the First Nations Elections Act, which was approved by the Minister of Indigenous Services. Consequently, the Sunchild First Nation is now included in the schedule, and their first council election is set for March 13, 2025. The order comes into effect upon registration. [Source]
Kinonjeoshtegon First Nation Adopts First Nations Elections Act for Enhanced Governance
The Kinonjeoshtegon First Nation in Manitoba has decided to change its electoral system from the Indian Act to the First Nations Elections Act. This decision was made following a resolution by the First Nation’s council, which requested the change to enhance governance autonomy and better address community needs. The Minister of Indigenous Services has the authority to remove the First Nation from the Indian Bands Council Elections Order under the Indian Act and add it to the First Nations Elections Act schedule. This transition allows the First Nation to hold elections every four years instead of two, potentially reducing costs and enabling longer-term planning. The change is expected to strengthen governance and support traditional forms of leadership, promoting inclusivity and self-determination. The First Nations Elections Act provides mechanisms for contesting elections and enforcing penalties for electoral misconduct, ensuring fair and legitimate election processes. [Source]
Pasqua First Nation Adopts First Nations Elections Act for Enhanced Governance
The Pasqua First Nation in Saskatchewan has decided to change its electoral system from the Indian Act to the First Nations Elections Act. This decision was made following a resolution by the First Nation’s council and a consultation with community members. The change aims to enhance governance autonomy and better meet community needs. The Minister of Indigenous Services has the authority to remove the First Nation from the Indian Bands Council Elections Order and add it to the First Nations Elections Act schedule. This transition allows the First Nation to hold elections every four years instead of two, potentially reducing costs and enabling longer-term planning. The First Nations Elections Act, developed in collaboration with First Nations organizations, supports self-determination and traditional governance, promoting inclusivity and diversity in leadership roles. The Act also provides mechanisms for contesting elections and addressing electoral misconduct through legal channels. [Source]
Sunchild First Nation Adopts First Nations Elections Act for Enhanced Governance
The Sunchild First Nation in Alberta has decided to change its electoral system from the Indian Act to the First Nations Elections Act. This decision was made following a resolution by the First Nation’s council and a consultation with community members. The change aims to enhance governance autonomy and better address community needs. The transition involves removing the First Nation from the Indian Bands Council Elections Order and adding it to the schedule of the First Nations Elections Act. This shift allows for elections every four years instead of two, potentially reducing costs and enabling longer-term planning. The First Nations Elections Act, developed in collaboration with First Nations organizations, supports greater self-determination and the inclusion of diverse voices in governance, including women, elders, and youth. The Act also provides mechanisms for contesting elections and enforcing penalties for electoral misconduct. The initiative is specific to the Sunchild First Nation and does not impose costs on small businesses or have environmental impacts. [Source]
Amendments to Impact Assessment Regulations for Consistency and Clarity
The amendments to the Information and Management of Time Limits Regulations under the Impact Assessment Act aim to ensure consistency in language and remove duplicative requirements following legislative changes. Key changes include aligning the process for time limit suspensions with the Impact Assessment Agency of Canada (IAAC) rather than the Minister, clarifying that suspensions apply to activities related to requests to designate a physical activity, and removing duplicative requirements for project descriptions. The amendments also update information requirements to align with the revised definition of “adverse effects within federal jurisdiction” in the Act. These changes are technical and do not impact administrative costs or small businesses. The amendments were made under the miscellaneous program and were not prepublished due to their minor and non-substantive nature. [Source]
Jasper National Park Rent and Fee Relief for Wildfire Recovery
The Jasper National Park of Canada Rent and Fee Remission Order provides financial relief to those affected by the wildfires in Jasper National Park during spring/summer 2024. The order grants rent and fee remissions to commercial and residential lessees, licensees, and the Municipality of Jasper. The Municipality of Jasper receives a remission for all rents payable from April 1, 2024, to March 31, 2027. Lessees of Lake Edith cottages that remain habitable receive partial rent remissions, while those that are uninhabitable receive more substantial remissions, including full remission until occupancy resumes or March 31, 2028. Commercial lessees and licensees receive a remission of 66.67% of rents or fees for the period from April 1, 2024, to March 31, 2025, and up to $50,000 for the following year, with additional relief for those experiencing significant revenue losses. Interest on deferred payments is also remitted. The wildfires caused extensive damage, leading to significant economic challenges for the community, prompting these measures to support recovery efforts. [Source]
Language Rights in Divorce Proceedings Coming to British Columbia in 2024
Section 22.1 of an amendment to the Divorce Act, which focuses on language rights, will come into force in British Columbia on December 1, 2024. This provision allows divorce proceedings to be conducted in either French or English, or both, ensuring that parties can file documents, give evidence, and make submissions in their preferred official language. It also guarantees the right to simultaneous interpretation, a judge who speaks the chosen language, and court forms available in both languages. The amendment aims to make the family justice system more accessible to official language minority communities (OLMCs) in Canada. The language rights provision has already been implemented in other regions, including Manitoba, Yukon, Nunavut, Ontario, and Saskatchewan. British Columbia has indicated its readiness to implement these changes by the specified date. The provision is part of a broader effort to modernize Canada’s family justice system and improve access to justice for all Canadians, particularly those in OLMCs. [Source]
Amendments to Corrections Act Introduce Body Scanners in Federal Institutions
Certain provisions of an Act amending the Corrections and Conditional Release Act will come into force on October 1, 2024. These amendments authorize the use of body scanners in federal institutions and eliminate the use of medical X-ray machines for searches. The changes aim to strengthen the federal correctional system by providing less invasive search alternatives and addressing concerns about the use of medical X-rays for non-medical purposes. Body scanners offer a non-intrusive search option, reducing the need for individuals to undress and maintaining their dignity. This technology is particularly beneficial for women and individuals with gender identity considerations, as well as respecting cultural and religious practices. The implementation of body scanners will incur costs, but the Correctional Service of Canada will manage these using existing resources. Consultations during the development of the bill indicated support for body scanners, with stakeholders recognizing their benefits and no significant concerns raised. [Source]
Extension of Privacy Act Access Rights to Non-Citizen Inmates
The Order amends the Privacy Act Extension Order No. 1 to extend the right of access to personal information under the Privacy Act to include inmates who are not Canadian citizens or permanent residents. This change specifically applies to inmates as defined in the Corrections and Conditional Release Act and aligns with definitions in the Immigration and Refugee Protection Act. The Order takes effect upon registration. [Source]
Amendments to Privacy Act Schedule for Government Institutions
The Order amends the schedule to the Privacy Act by removing several entities from the list of “Other Government Institutions,” including the Canadian Advisory Council on the Status of Women, Hamilton Port Authority, and others. It adds the Hamilton-Oshawa Port Authority to the list. The changes take effect upon registration of the Order. [Source]
Canada updates laser safety regulations to align with international standards
The Canadian government has amended the Radiation Emitting Devices Regulations to enhance safety standards for laser products. These changes align with the International Electrotechnical Commission (IEC) standard, which classifies lasers based on their potential to cause harm. The amendments extend regulatory oversight to a broader range of laser products, excluding medical devices regulated under separate regulations. The new rules require laser products to have built-in safety features, accurate hazard classification, and bilingual labelling to inform users of potential risks. The amendments aim to reduce injuries from laser products, improve public safety, and align Canadian regulations with international standards, facilitating trade and reducing compliance burdens for manufacturers. The changes are expected to cost businesses approximately $9 million over ten years, primarily due to labelling requirements. The regulations will come into force 12 months after publication, allowing time for industry compliance. Compliance will be monitored through post-market surveillance, and non-compliant products may face enforcement actions. [Source]
Canada imposes sanctions on Israeli settlers for violence in Palestinian territories
The Canadian government has amended its Special Economic Measures Regulations to address the issue of extremist settler violence by Israeli settlers in the occupied Palestinian territories. This violence has escalated, threatening regional peace and security, and undermining the viability of a two-state solution. The amendments add four individuals and two entities to the list of those sanctioned for their involvement in or support of such violence. These sanctions aim to hold accountable those responsible, deter future attacks, and emphasize Canada’s opposition to settler violence and settlement expansion. The sanctions prohibit Canadians from engaging in transactions with the listed individuals and entities, and render them inadmissible to Canada. The amendments are aligned with international partners’ actions and Canada’s long-standing policy against settlement expansion and violence. The impact on Canadian businesses is expected to be minimal, with compliance costs primarily affecting financial institutions. The amendments are enforced by Canadian authorities, with penalties for non-compliance including fines and imprisonment. [Source]
Canada imposes sanctions on Hamas financial network after attacks on Israel
The Canadian government has amended the Special Economic Measures (Hamas Terrorist Attacks) Regulations in response to the terrorist attacks by Hamas against Israel that began on October 7, 2023. These attacks are considered a grave breach of international peace and security. The amendments add 11 individuals and 2 entities affiliated with Hamas’ financial network to the list of designated persons, prohibiting Canadians from engaging in transactions with them. These measures aim to counter Hamas’ ability to operate and raise funds, aligning with international efforts to isolate and delegitimize the group. The sanctions are intended to signal Canada’s condemnation of the attacks and commitment to counter-terrorism. The amendments are expected to have minimal impact on Canadian businesses, as the listed individuals and entities have limited connections to Canada. The regulations come into force upon registration, and compliance is facilitated by making the names of listed individuals available online. Violations of the regulations can result in fines or imprisonment. [Source]
Canada imposes sanctions on Iranian individuals for human rights violations against women and girls
The Canadian government has amended the Special Economic Measures (Iran) Regulations to impose sanctions on five Iranian individuals due to their involvement in gross and systematic human rights violations, particularly against women and girls. These sanctions are a response to the deteriorating human rights situation in Iran, highlighted by the violent repression of protests following the death of Mahsa Amini in 2022. The sanctions prohibit Canadians from engaging in transactions with the listed individuals and render them inadmissible to Canada. This move aligns with international efforts to hold Iran accountable and aims to pressure the Iranian regime to address human rights abuses. The amendments are part of Canada’s broader strategy to promote gender equality and protect vulnerable populations, with minimal anticipated impact on Canadian businesses. The sanctions are supported by Canada’s allies and are intended to target specific individuals rather than the Iranian state as a whole. [Source]
Regulatory Update for Timber Dimension Measuring Devices
The amendments to the Weights and Measures Regulations address the introduction of timber dimension measuring devices (TDMDs), which measure log dimensions for calculating stumpage fees. These devices are now excluded from certain regulatory provisions, as new ministerial specifications have been established to govern their use. This change aims to prevent conflicts between existing regulations and the new specifications, allowing for the permanent approval of TDMDs. The amendments do not introduce new requirements or costs for stakeholders, and no consultations were needed since the changes are technical. The new specifications provide clarity and certainty for manufacturers and users, facilitating the permanent approval process and ensuring compliance with modern technology standards. The amendments have no impact on small businesses, international standards, or Indigenous Peoples, and no additional compliance or enforcement strategies are required. [Source]