Highlights

  • EDF Trading North America seeks authorization to export electricity to the U.S., with input requested on potential impacts and opportunities for Canadian buyers.
  • The Canadian International Trade Tribunal is reviewing the potential impact of expiring trade measures on steel line pipe from China.
  • A procurement complaint regarding an electromagnetic spectrum management system is under inquiry.
  • Dumping and subsidizing of Chinese truck and bus tires are causing injury to the domestic industry.
  • The Canadian Radio-television and Telecommunications Commission has posted various regulatory updates.
  • A Significant New Activity Notice has been issued for a chemical substance, requiring notification for certain cosmetic uses.
  • An Interim Order by the Department of Transport addresses aviation safety and data integrity.
  • The Vancouver Fraser Port Authority has amended property descriptions to facilitate transactions.
  • The Pacific Pilotage Authority allows waivers of compulsory pilotage under specific conditions.
  • New Radio Standards Specification for broadband equipment has been published.
  • Applications for Governor in Council positions are being sought, emphasizing diversity and transparency.
  • The Roberts Bank Terminal 2 project is approved as a national interest project, with conditions to mitigate environmental impacts.
  • Proposed amendments to the Tax Court of Canada Rules aim to enhance accessibility and efficiency.
  • Amendments to insolvency regulations exclude public post-secondary educational institutions, aligning with provincial frameworks.

Energy Export Application, Trade Tribunal Reviews, and CRTC Updates

EDF Trading North America, LLC has applied to the Canada Energy Regulator for authorization to export up to 5,000,000 MWh of firm and interruptible energy annually to the United States for 10 years. The Commission seeks input from interested parties on the potential impact on other provinces and whether the applicant has offered Canadian buyers the opportunity to purchase electricity under similar conditions. Submissions are due by December 14, 2026, with responses from the applicant due by December 29, 2026.

The Canadian International Trade Tribunal is reviewing the expiry of an order regarding the dumping and subsidizing of carbon and alloy steel line pipe from China. The review will determine if the expiry would likely lead to continued dumping or subsidizing and potential injury to the domestic industry. Participants must file notices by November 17, 2026, with a hearing scheduled for June 2027.

A complaint has been filed by William Kyle Valade regarding a procurement by the Department of Public Works and Government Services for an analytic electromagnetic spectrum management system. The Tribunal has decided to conduct an inquiry into the complaint.

The Tribunal has determined that there is a reasonable indication that the dumping and subsidizing of truck and bus tires from China have caused injury to the domestic industry.

The Canadian Radio-television and Telecommunications Commission has posted various applications, decisions, and notices of consultation on its website, including a renewal application for OneSoccer and decisions involving the Canadian Broadcasting Corporation and U Multicultural Inc. [Source]

Regulatory Updates on Environmental Protection, Aviation Safety, Port Authority, Pilotage, Radio Standards, and Government Appointments

The Canadian Environmental Protection Act, 1999, has issued a Significant New Activity Notice for the substance butanedioic acid, 1,4-diheptyl ester, requiring notification for certain uses in cosmetics. The notice specifies that significant new activities include using the substance in leave-on cosmetics at specified concentrations and mandates providing detailed information to the Minister of the Environment 90 days before commencing such activities. Exemptions apply for research, development, and export-only uses. The notice aims to assess potential toxicity risks associated with new uses of the substance.

The Department of Transport has issued an Interim Order to address aviation safety risks and align with international standards. This order mandates the provision of aeronautical data by specified entities and requires training for personnel involved in aeronautical information services. The order includes provisions for maintaining data integrity and outlines training requirements for personnel, with a focus on ensuring safety and compliance with updated standards.

The Vancouver Fraser Port Authority has been granted supplementary letters patent to amend property descriptions in its letters patent, facilitating property exchanges and acquisitions. These changes involve federal and non-federal real property transactions to support the Authority’s operations.

The Pacific Pilotage Authority has an Interim Order allowing waivers of compulsory pilotage under specific conditions, such as distress or medical emergencies. The order outlines criteria for waivers based on ship size, voyage history, and navigational safety risks, ensuring that pilotage requirements are met unless specific conditions justify a waiver.

Innovation, Science and Economic Development Canada has published a new Radio Standards Specification for broadband equipment operating in specific frequency bands, detailing certification requirements for flexible use in fixed and mobile services.

The Privy Council Office is seeking applications for Governor in Council positions, emphasizing competency, transparency, and diversity in appointments to ensure effective governance and achievement of government objectives. [Source]

Roberts Bank Terminal 2 Project Approved for Economic Growth Despite Environmental Concerns

The Roberts Bank Terminal 2 project, a container terminal initiative by the Vancouver Fraser Port Authority, has been listed as a national interest project under the Building Canada Act. This decision follows extensive consultations with Indigenous communities, the government of British Columbia, and federal ministers, considering factors such as Canada’s autonomy, economic benefits, and environmental impacts. The project aims to increase the Port of Vancouver’s container capacity by 50%, supporting Canada’s trade diversification and economic growth. Despite potential adverse environmental effects, including impacts on the Southern Resident Killer Whale, the project is deemed justified due to its economic and strategic benefits. The decision includes conditions to mitigate environmental impacts and ensure ongoing consultation with Indigenous communities. The project is expected to enhance Canada’s trade capacity, supply chain resilience, and economic security, with significant contributions to GDP and employment. The government has committed to addressing environmental concerns through various initiatives and programs. [Source]

Tax Court of Canada Rule Amendments for Enhanced Accessibility and Efficiency

The rules committee of the Tax Court of Canada is proposing amendments to the Tax Court of Canada Rules (General Procedure) to enhance accessibility and efficiency. These changes aim to simplify the litigation process, incorporate digital technology, and align with modern drafting methods. The amendments also address the need to comply with The Hague Convention on service abroad and update references from the Queen to the King. The committee, which includes judges, private bar members, and government representatives, seeks to improve clarity, extend filing deadlines, and codify existing practices. The amendments will also update forms to reflect new legislation under the Tax Court’s jurisdiction. The proposed changes include allowing email service of documents, requiring redaction of sensitive information, and extending notice periods for motions and discovery read-ins. The amendments are expected to improve the effectiveness of proceedings and ensure consistency with international obligations. The changes will come into force 90 days after publication, with transitional provisions for ongoing cases. [Source]

Canadian Government Excludes Public Post-Secondary Institutions from Insolvency Proceedings

The Canadian government is amending the Bankruptcy and Insolvency General Rules and the Companies’ Creditors Arrangement Regulations to exclude prescribed public post-secondary educational institutions (PSEIs) from insolvency proceedings. This change follows amendments made by Bill C-59, recognizing that insolvency frameworks for private entities may not protect the public-interest functions of public PSEIs. The amendments aim to preserve essential programs and services and encourage preventative solutions to financial distress. The regulations will prescribe public PSEIs by referencing provincial and territorial legislation, ensuring clarity and predictability for stakeholders. Consultations with provinces, territories, and stakeholders revealed mixed views, with faculty and student unions supporting the exclusion, while insolvency professionals and university administrators expressed concerns. The proposed regulations will incorporate provincial legislation by reference, providing a clear method to identify excluded institutions and aligning federal regulations with provincial frameworks. The amendments are expected to have minimal costs and will not affect Indigenous institutes. The Office of the Superintendent of Bankruptcy will promote compliance, and the regulations will come into force upon registration. [Source]

Amendments to Include Public Post-Secondary Institutions in Creditors Arrangement Regulations

The proposed regulations aim to amend the Companies’ Creditors Arrangement Regulations to include public post-secondary educational institutions. These amendments define which institutions are considered public post-secondary educational institutions under the Companies’ Creditors Arrangement Act. The regulations incorporate references to provincial acts, ensuring they are updated as amended. A list of institutions from various provinces and territories, such as universities and colleges, is provided to clarify which entities are included. The amendments will take effect upon registration. Public comments on the proposed regulations are invited, with guidelines for submission and privacy considerations outlined. [Source]

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