Part 1, Volume 158 #45
Highlights
- Halia Energy LLC seeks approval to export electricity to the U.S., with input requested on its impact and fairness to Canadian consumers.
- A complaint by ADOR Tech Inc. about a procurement process was dismissed by the Canadian International Trade Tribunal.
- The CRTC has posted regulatory updates, including an application by Bell Media and a decision involving Google LLC.
- The Student Direct Stream program for expedited study permit processing is ending, with future applications processed normally.
- The Department of the Environment plans to amend the Domestic Substances List to address potential toxicity concerns.
- Health Canada aims to modernize medical device licensing to reduce industry burden while maintaining oversight.
- Markel International Insurance Company Limited is authorized to insure risks in Canada.
- BNY Trust Company of Canada and Definity Insurance Company plan to reduce their stated capital.
- E.SUN Commercial Bank, Ltd. intends to establish a branch in Canada, with objections invited.
- National Bank of Canada and Canadian Western Bank plan to merge, contingent on a share acquisition.
- Proposed amendments to greenhouse gas regulations focus on credit issuance and compliance.
- The Canadian government proposes regulations to cap greenhouse gas emissions from the oil and gas sector, aiming for significant reductions by 2030 and net-zero by 2050.
Regulatory Updates on Energy Export, Trade Tribunal Ruling, and CRTC Decisions
Halia Energy LLC has applied to the Canada Energy Regulator for permission to export up to 2,700,000 MWh of electricity annually to the United States over a ten-year period. The Commission is seeking input from interested parties on the potential impact of this export on other provinces and whether Halia Energy has offered Canadian consumers a fair opportunity to purchase electricity under similar conditions. Submissions are due by December 9, 2024, and responses from the applicant are due by December 24, 2024.
The Canadian International Trade Tribunal concluded an inquiry into a complaint by ADOR Tech Inc. regarding a procurement process by the Department of Public Works and Government Services for a mobile vehicle lift. The Tribunal found the complaint invalid after reviewing the evidence and relevant trade agreements.
The Canadian Radio-television and Telecommunications Commission (CRTC) has posted various regulatory documents and decisions on its website. Notably, Bell Media Inc. has submitted an application concerning CJCH-TV-6 in Caledonia, Nova Scotia, with a deadline for comments set for November 27, 2024. Additionally, the CRTC granted Google LLC an exemption from the Online News Act and issued a decision regarding Bayshore Broadcasting Corporation’s CFOS in Owen Sound, Ontario. [Source]
Canadian Government Updates on Immigration, Environmental, Health, and Insurance Policies
The Canadian government has announced the end of the Student Direct Stream (SDS) program, which provided expedited processing for study permit applications from certain countries. Applications submitted after the specified deadline will be processed under the regular stream. The SDS required applicants to provide specific documentation, including an acceptance letter, proof of tuition payment, a Guaranteed Investment Certificate, medical examination results, a police certificate, transcripts, and language test results. The language tests must be taken in person, not online.
The Department of the Environment intends to amend the Domestic Substances List to apply significant new activity provisions to four substances, requiring notification for certain uses. Public comments are invited within 60 days. The amendments aim to address potential toxicity concerns and ensure further assessment before significant new activities are undertaken.
Health Canada plans to modernize the medical device establishment licensing framework to reduce industry burden while maintaining oversight. Proposed changes include removing the requirement for distributors outside Canada to hold a license if selling to licensed Canadian importers, making supplier lists mandatory, and setting explicit requirements for standard operating procedures. Feedback is sought from stakeholders to inform the regulatory proposal.
The Office of the Superintendent of Financial Institutions has authorized Markel International Insurance Company Limited to insure various risks in Canada. The Privy Council Office is seeking diverse candidates for various leadership positions in government organizations, emphasizing the importance of diversity and a healthy workplace environment. [Source]
Financial Institutions Announce Capital Reductions, New Branch, and Potential Amalgamation
BNY Trust Company of Canada plans to seek approval from the Superintendent of Financial Institutions to reduce the stated capital of its common shares by up to $26.5 million, following a special resolution by its sole shareholder. The reduction will be distributed to the sole shareholder, and the Chief Financial Officer will determine the exact amount within the authorized limit.
Definity Insurance Company intends to apply for approval to reduce its stated capital by up to $300 million by December 31, 2024, as per a special resolution by its sole shareholder. The President and CEO or Executive Vice-President and CFO will decide the amount and timing of the payments, which will be completed by the end of 2024.
E.SUN Commercial Bank, Ltd., based in Taipei City, Taiwan, plans to apply for permission to establish a full-service branch in Canada, with its principal office in Toronto. Objections to this proposal can be submitted to the Office of the Superintendent of Financial Institutions by December 16, 2024.
National Bank of Canada and Canadian Western Bank intend to apply for letters patent of amalgamation to merge into one bank under the name “National Bank of Canada” in English and “Banque Nationale du Canada” in French, with the head office in Montréal, Quebec. This amalgamation is contingent upon National Bank of Canada acquiring the shares of Canadian Western Bank. If the acquisition does not occur, the amalgamation will not proceed. [Source]
Proposed Amendments to Output-Based Pricing System Regulations for Greenhouse Gas Credits
The Governor in Council is proposing amendments to the Output-Based Pricing System Regulations under the Greenhouse Gas Pollution Pricing Act. Interested parties have 60 days to submit comments on these proposed changes. The amendments focus on ensuring that for each greenhouse gas reduction or removal of one CO2e tonne, only one credit or unit is issued and that these credits or units are not used by more than one person. The regulations will come into force upon registration. Comments on the proposed changes can be submitted online or via email, mail, or other means, with specific guidelines to ensure they do not contain inappropriate content. Personal information will be protected under the Privacy Act, and comments will be publicly accessible on the Canada Gazette website for at least ten years. [Source]
Canada proposes regulations to cap oil and gas sector emissions for climate goals
The Government of Canada is proposing regulations to cap greenhouse gas (GHG) emissions from the oil and gas sector as part of its commitment to the Paris Agreement and its 2030 Emissions Reduction Plan. The oil and gas sector is the largest source of GHG emissions in Canada, contributing 31% of the country’s total emissions in 2022. The proposed regulations aim to reduce emissions by 40% to 45% below 2005 levels by 2030 and achieve net-zero emissions by 2050. The regulations would cap emissions from certain activities in the sector and require operators to register and submit emissions data. Emissions allowances would be distributed to operators, with a total number equal to the emissions cap, and operators could use a limited number of compliance flexibility units, such as offset credits and decarbonization units, to meet their obligations. The regulations would also amend existing regulations to ensure compliance and enforcement. The proposed regulations are expected to reduce GHG emissions while allowing the sector to increase production in response to global demand. A review of the regulations would be conducted within five years to assess their effectiveness and make necessary adjustments. The cost-benefit analysis estimates net benefits of $428 million, considering the costs of reducing emissions and the benefits of avoided climate change damages. The regulations are designed to ensure the oil and gas sector contributes to Canada’s climate commitments and remains competitive in a low-carbon global economy. [Source]