Highlights

  • The CBSA terminated a dumping investigation for Thai Steel Profile Public Company Limited, but confirmed dumping for other exporters from Bulgaria, Thailand, and the UAE.
  • The CITT is investigating potential injury to Canadian industry and will hold hearings on various appeals.
  • The CRTC is handling applications for renewals and amendments, and has issued recent decisions and a new regulatory policy framework.
  • The Public Service Commission of Canada has allowed Mian Abubaqr to seek federal election candidacy.
  • Reports and agreements on methane emissions in British Columbia and Saskatchewan have been released under the Canadian Environmental Protection Act.
  • The Department of Industry announced name changes for chambers of commerce, and a new fingerprint examiner was designated for Peel Regional Police.
  • The Office of the Superintendent of Financial Institutions approved the amalgamation of two insurance companies and is reviewing a capital reduction request by BNY Trust Company of Canada.
  • Chang Hwa Commercial Bank plans to establish a branch in Toronto, subject to approval.
  • Amendments to the Air Passenger Protection Regulations aim to clarify passenger rights and obligations during flight disruptions.
  • Proposed amendments to the Citizenship Regulations focus on compliance with the Citizenship Act, including penalties for unauthorized practice.
  • The College of Immigration and Citizenship Consultants is implementing a regulatory framework to govern consultants.
  • Amendments to the Immigration and Refugee Protection Act aim to address unauthorized practice and fraud.
  • Proposed amendments to the Accessible Canada Regulations aim to improve digital accessibility for persons with disabilities.
  • COSEWIC assessed certain species, leading to proposed amendments to the Species at Risk Act.
  • The Qikiqtait and Sarvarjuaq Marine Protected Areas are being designated to protect ecologically significant regions in Canada’s Arctic.
  • Canada is amending its Export Control List to include new sensitive technologies with potential military applications.
  • Health Canada is proposing amendments to pesticide registration fees to better share regulatory costs.
  • Parks Canada updated its Master List of Fees, with automatic adjustments based on the Consumer Price Index.

Trade and Regulatory Updates in Canada: Dumping Investigation, CITT Hearings, and CRTC Applications

The Canada Border Services Agency (CBSA) terminated the dumping investigation of concrete reinforcing bar from Thailand by Thai Steel Profile Public Company Limited, as the goods were not dumped. However, a final determination of dumping was made for similar goods from Bulgaria, Thailand, and the United Arab Emirates for other exporters. The Canadian International Trade Tribunal (CITT) will continue its inquiry into potential injury to the Canadian industry, with a decision expected by January 13, 2025. Provisional duties remain on goods from the specified countries, except for those from the terminated investigation. If injury is confirmed, anti-dumping duties will apply to future imports.

The CITT will hold hearings on various appeals, including one regarding the classification of a knife as a “prohibited weapon” and another concerning adjustments to export prices for liquid dielectric transformers. Additionally, the CITT is investigating a complaint from Axxys Construction about a procurement process by the Department of Public Works and Government Services, alleging improper awarding of a standing offer.

The Canadian Radio-television and Telecommunications Commission (CRTC) has posted applications for renewals and amendments, with deadlines for public comments. Recent decisions and orders have been issued for various broadcasting undertakings, and a new regulatory policy framework under the Online News Act has been published.

The Public Service Commission of Canada has granted permission and leave for Mian Abubaqr to seek nomination and be a candidate in a federal election, with a leave of absence during the election period. [Source]

Environmental and Regulatory Updates in Canada

The Canadian Environmental Protection Act, 1999, has led to the release of reports and agreements regarding methane emissions from the oil and gas sector in British Columbia and Saskatchewan. The Minister of the Environment has made available summaries of comments and objections related to these agreements. Additionally, an order has been issued to amend the Non-domestic Substances List, removing a specific substance. The Department of Industry has announced several name changes for chambers of commerce across Canada. The Department of Public Safety and Emergency Preparedness has designated a new fingerprint examiner for the Peel Regional Police. The Office of the Superintendent of Financial Institutions has issued letters patent for the amalgamation of MD Life Insurance Company and Scotia Life Insurance Company, allowing the new entity to commence business. The Privy Council Office is seeking diverse candidates for various Governor in Council positions, emphasizing the importance of diversity and a healthy workplace environment. [Source]

Financial Institutions Announce Capital Reduction, Shareholder Meeting, and New Branch Application in Canada

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 passed by its sole shareholder. The reduction will be distributed to the sole shareholder, and the company’s Chief Financial Officer will determine the exact amount within the authorized limit. The Canadian Transit Company will hold its annual shareholder meeting on December 27 in Warren, Michigan, to elect directors and conduct other business. Chang Hwa Commercial Bank, Ltd., based in Taipei, Taiwan, intends to apply for permission to establish a full-service branch in Toronto, Canada, under the name Chang Hwa Commercial Bank, Ltd., Toronto Branch. Objections to this application can be submitted to the Office of the Superintendent of Financial Institutions by January 20, 2025. Approval for the branch is subject to the Bank Act application review process and the Minister of Finance’s discretion. [Source]

Canada’s Air Passenger Protection Regulations Amendments Aim to Clarify Rights and Improve Satisfaction

Canada’s Air Passenger Protection Regulations (APPR) were established in 2019 to ensure clear and consistent passenger rights, but have proven complex and unclear, leading to numerous complaints. Recent legislative changes require regulatory amendments to clarify air carriers’ obligations during flight disruptions, including compensation, assistance, rebooking, and refunds. The amendments also address seating arrangements for children and establish a process for handling passenger claims. The proposed changes aim to simplify the regulations, align them with international practices, and balance operational realities with passenger rights. The amendments are expected to cost Canadian carriers $512.4 million and benefit passengers by $527.3 million over ten years, with a net benefit of $14.9 million. The changes include clearer communication requirements, defined exceptional circumstances for compensation, and improved assistance standards. The amendments also propose faster refund timelines and require carriers to seat children next to their accompanying adult at no extra cost. The Canadian Transportation Agency will enforce compliance through various measures, including increased penalties for non-compliance. The amendments are designed to improve passenger satisfaction and reduce complaints while considering the unique challenges faced by small carriers serving remote areas. [Source]

Amendments to Citizenship Regulations Introduce Penalties for Non-Compliance

The proposed amendments to the Citizenship Regulations focus on implementing a system of administrative penalties and consequences to encourage compliance with the Citizenship Act. Key provisions include prohibiting unauthorized individuals from representing or advising others for consideration in citizenship matters and outlining violations such as misrepresentation, fraud, and providing false information. Citizenship officers are empowered to conduct inspections and issue notices of preliminary findings and violations. Administrative monetary penalties are calculated based on baseline amounts, the impact of violations, financial advantages gained, and prior violations. Penalties must be paid within 30 days unless a review is requested or a payment agreement is made. The Minister is required to publish information about individuals found liable for violations, including their names, business details, and penalty amounts. The regulations emphasize compliance rather than punishment and provide a framework for reviewing and contesting penalties. [Source]

Regulatory Framework for Canadian Immigration Consultants

The College of Immigration and Citizenship Consultants (the College) is the regulator for immigration and citizenship consultants in Canada, established to protect the public and ensure quality advice and representation. The College Act provides a framework for licensing and governing consultants, but regulations are needed to fully implement this governance regime. The proposed regulations aim to provide the College with a regulatory framework to govern consultants effectively and ensure public protection. They include definitions, management of a compensation fund, annual reporting requirements, board of directors’ eligibility, and the establishment of various committees, including Complaints, Discipline, Compensation Fund, and Capacity Evaluation Committees.

The regulations also outline the content of the public register of licensees, circumstances for notifying the Minister of changes in license status, and the Registrar’s powers of verification. They specify the process for handling complaints, investigations, and disciplinary proceedings, including actions the Discipline Committee can take against licensees. The regulations allow the College to disclose personal information under certain circumstances and authorize the College to make by-laws on various governance aspects. The Minister can appoint a temporary administrator if the College is not fulfilling its purposes. The regulations are expected to impose costs on the College for implementing the governance regime, with no anticipated costs to the Government of Canada or external stakeholders. The College is preparing to implement the regulations and has budgeted for the associated costs. [Source]

Strengthening Canadian Immigration Integrity with New Penalties for Unauthorized Advisors

Individuals seeking to immigrate to Canada often rely on advice from others, but unauthorized individuals providing paid advice can harm the integrity of the immigration system. Currently, there are no tools for Immigration, Refugees and Citizenship Canada (IRCC) to sanction these unauthorized individuals. Only authorized practitioners, such as members of the College of Immigration and Citizenship Consultants, law societies, or the Chambre des notaires du Québec, are permitted to provide paid advice. Despite existing measures, issues like fraud persist, leading to severe consequences for applicants.

In response, amendments to the Immigration and Refugee Protection Act (IRPA) and the Citizenship Act were made to establish an administrative penalties and consequences (APC) regime. This regime aims to enhance oversight, encourage compliance, and protect applicants from fraudulent advice. The proposed amendments would prohibit unauthorized practice and misrepresentation, allow IRCC officers to inspect and require documents, and issue notices of preliminary findings and violations. Administrative monetary penalties would be calculated based on a formula considering the type of violation, impact, financial advantage gained, and previous violations, with a maximum penalty of $1.5 million.

The amendments are expected to decrease fraudulent applications, reduce unauthorized involvement, and increase public confidence in licensed practitioners. The regime would also publish information about violators on IRCC’s website. The implementation would involve IT updates, training, and developing processes for inspections and reviews. The APC regime complements existing measures by providing additional tools for enforcement and ensuring procedural fairness. The expected benefits include increased compliance and public awareness, while costs involve government expenses for implementation and enforcement. [Source]

Proposed Amendments to Enhance Digital Accessibility for Canadians with Disabilities

More than one in four Canadians aged 15 and over have a disability, with 45% reporting digital accessibility barriers when interacting with federal sector organizations. These barriers impact their ability to manage finances, access jobs, and obtain information. Proposed amendments to the Accessible Canada Regulations aim to address these issues by setting new accessibility requirements for web pages, mobile applications, and digital documents for federally regulated organizations. Training for employees, accessibility statements, and assessments of digital technology products are also required. Small businesses and First Nations band councils are exempted or given extended timelines. The goal is to ensure equitable access to jobs, programs, and services for persons with disabilities, promoting their full participation in society. The amendments are expected to result in significant benefits, outweighing the costs, by improving digital accessibility and reducing the need for in-person visits and phone calls. The amendments align with international standards and aim to create a culture of accessibility from the start. Extensive consultations with stakeholders informed the proposed changes, focusing on areas where organizations have control and capacity to improve accessibility. The amendments are expected to benefit persons with disabilities, organizations, and the broader Canadian population by increasing productivity, reducing turnover, and enhancing access to information and services. [Source]

Proposed Amendments to Canada’s Species at Risk Act for Improved Wildlife Protection

The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assessed certain species, including the Red Knot and four other wildlife species, leading to proposed amendments to the Species at Risk Act (SARA). The Governor in Council (GIC) can accept, reject, or refer COSEWIC’s assessments for further review. If no action is taken within nine months, the Minister must amend the List of Wildlife Species at Risk according to COSEWIC’s assessment. The Department of the Environment aims to protect species from extinction and manage those at risk. COSEWIC assessed nine species, recommending changes such as delisting, reclassification, or renaming based on new data. These changes affect the species’ protection and recovery strategies under SARA.

The proposed amendments include delisting the Aweme Borer and Red Knot islandica subspecies, reclassifying the Cobblestone Tiger Beetle and Lakeside Daisy as special concern, and renaming and restructuring Red Knot populations. The restructuring of Red Knot populations aims to improve recovery planning by identifying specific threats. The proposed changes do not introduce new protections but adjust existing ones based on updated assessments. Consultations were conducted with Indigenous groups, governments, and stakeholders, with mixed responses. Some supported the changes, while others expressed concerns about evidence and potential socioeconomic impacts.

The proposed Order aims to align species designations with COSEWIC assessments, ensuring appropriate protection and recovery measures. The amendments are expected to result in cost savings for the government and stakeholders, with a net cost of $235,000 over ten years. The Order supports biodiversity conservation goals and aligns with international commitments. The Department conducted a gender-based analysis, finding no negative impacts on the population. The Order will be implemented upon registration, with compliance and enforcement managed by the Department. [Source]

Qikiqtait Marine Protected Area Initiative in Canada’s Arctic

The Qikiqtait Marine Protected Area (MPA) is being designated in Canada’s Arctic, specifically in the Nunavut Settlement Area within Hudson Bay, to protect a unique habitat featuring polynyas, which are crucial for species like polar bears, sea birds, and seals. This area is vital for Inuit harvesting and food security. A working group, including Fisheries and Oceans Canada, the Qikiqtani Inuit Association, and others, was formed to advance marine protection in Qikiqtait. The Minister of Fisheries and Oceans proposes an Order under the Oceans Act to freeze new activities in the area for up to five years, allowing only ongoing activities and those related to Inuit rights, public safety, and scientific research. This initiative supports Canada’s marine conservation targets and promotes Indigenous collaboration.

The Qikiqtait area is ecologically significant due to its polynya system, nutrient-rich waters, and diverse marine life, including species important for subsistence harvesting by the Sanikiluaq community. The proposed MPA aims to conserve the marine environment and support Inuit leadership in conservation efforts. The Order would prohibit new activities that could harm the area’s ecological features, while respecting Inuit rights under existing agreements. The initiative aligns with the Inuit Nunangat Policy, promoting socio-economic and cultural equity.

Consultations with the Sanikiluaq community and stakeholders have been conducted, emphasizing the importance of community input and Inuit Qaujimajatuqangit (traditional knowledge) in managing the MPA. The Order would not impose significant costs on Canadians or industries, as ongoing activities are exempt. The MPA is expected to enhance Arctic ecosystem resilience and support Inuit stewardship, with potential long-term benefits for ecosystem services. The initiative contributes to Canada’s marine conservation goals and aligns with international commitments to protect marine areas. [Source]

Inuit-led Marine Protection Initiative in Canada’s High Arctic

The Sarvarjuaq Marine Protected Area (MPA) is being designated in the North Water Polynya region of Canada’s High Arctic, a critical habitat known for its biodiversity and cultural significance to the Inuit. The MPA aims to protect the area from new human activities for up to five years, allowing only ongoing activities and those exempted under the Oceans Act. This initiative is a collaborative effort between Fisheries and Oceans Canada, the Government of Nunavut, and the Qikiqtani Inuit Association, with the goal of exploring long-term protection options, including an Inuit Protected and Conserved Area (IPCA).

The North Water Polynya is a significant ecological area, supporting diverse marine life and serving as a traditional hunting ground and travel route for the Inuit. It faces threats from climate change, increased shipping, tourism, and potential oil and gas exploration. The MPA will contribute to Canada’s Marine Conservation Targets and support Indigenous leadership in marine conservation.

The proposed MPA will not affect Inuit rights under the Nunavut Agreement and will allow ongoing activities such as hunting, fishing, and scientific research. The initiative aligns with Canada’s commitment to marine conservation and Indigenous collaboration, and it supports the Qikiqtani Project Finance for Permanence initiative, which promotes Inuit-led conservation in the region.

Consultations with local communities and stakeholders have shown support for the MPA, emphasizing the importance of Inuit leadership and collaboration with Greenlandic communities. The MPA will help preserve the area’s ecological integrity and cultural heritage, while also providing opportunities for sustainable economic development and research. The initiative is part of Canada’s broader efforts to meet international conservation targets and advance reconciliation with Indigenous peoples. [Source]

Canada updates export controls on emerging military technologies

New sensitive technologies with potential military applications, such as quantum computing, advanced semiconductor devices, metal additive manufacturing machines, and high-temperature coating technology, are evolving rapidly. These technologies pose risks to national and international security, prompting countries like the United States, the United Kingdom, Germany, and Italy to implement export controls. Canada is amending its Export Control List (ECL) to include these technologies, requiring export permits to ensure responsible development and transfer.

Quantum computing can potentially break current cryptographic systems, posing a threat to secure communications. Critical components like cryogenic refrigeration systems and parametric signal amplifiers are not yet controlled. Advanced semiconductor devices, essential for modern electronics, are being produced using extreme ultraviolet (EUV) lithography, with certain components not controlled. Metal additive manufacturing machines can produce complex metal parts, enhancing military capabilities. High-temperature coatings improve gas turbine engine performance, offering military advantages.

The amendments aim to align Canada’s export controls with international partners, ensuring a robust framework to safeguard national security. The proposed changes will add specific technologies to the ECL under Group 5, including isotopically enriched silicon and germanium, cryogenic cooling systems, parametric signal amplifiers, EUV lithography components, metal additive manufacturing machines, and high-temperature coating technology.

Consultations with Canadian industry stakeholders suggest minimal impact on current business operations, though the quantum industry is rapidly advancing. The amendments will be prepublished for public comment, and no modern treaty implications were identified. The amendments are expected to have low administrative costs and align Canada’s controls with allies, enhancing the effectiveness of export controls. The changes will come into force 30 days after publication, with enforcement by the Canada Border Services Agency and the Royal Canadian Mounted Police. [Source]

Proposed Amendments to Pesticide Registration Fees and Cost Recovery in Canada

The Pest Control Products Act provides a framework for Health Canada to regulate pesticides to protect human health and the environment. Health Canada is proposing amendments to increase the annual charge for pesticide registrations and replace the sales-based approach with a tiered system based on the number of registrations. This aims to better share regulatory costs between public and private sectors and align with international standards. The current fees do not cover regulatory costs, leading to taxpayer burden and challenges in timely pesticide re-evaluations. The proposed changes include reduced charges for small businesses, certain product types, and government-held registrations. The amendments are expected to improve cost recovery, enhance regulatory sustainability, and incentivize innovation while maintaining safety standards. The proposal also includes measures to address compliance challenges and provide clarity on eligibility for reduced charges. The changes are intended to align more closely with international practices, particularly those in the United States, and support environmental and public health goals. [Source]

Parks Canada Fee Adjustments and Land Use Planning Services

Parks Canada has updated its Master List of Fees, which includes fees for services and rights under the National Parks of Canada Land Use Planning Regulations. These fees will automatically increase every two years based on the cumulative percentage change of the Consumer Price Index (CPI), with a two-year delay between CPI calculation and fee adjustment. Fee increases will be rounded up to the nearest $0.25. Parks Canada can reduce fees to support government priorities and programs and set fees by contract for services provided by third parties. Up to 50% of a fee may be required as a non-refundable deposit. The fees cover various land use planning services, including development and building permit applications, permit administration, land use authorization surcharges, compliance reports, legal agreements, and impact assessment services. Specific fees are detailed for residential and non-residential uses, permit amendments, extensions, and other related services. [Source]

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