April’s regulatory developments in Ottawa
April’s regulatory developments in Ottawa
new shipping company penalties, low-interest loans to farmers, more energy efficiency rules, new patent rules, egg and chicken marketing levies, small business financing, cosmetics and Turkish pasta
Regulations are the nuts and bolts that give practical effect to legislation, and tracking regulatory changes is becoming ever more important in today’s business environment. That is why, every month, Queen Street Analytics provides key updates on all new regulations that have come into effect, and all newly proposed regulations that allow for commenting. To make it easier to separate the needle from the haystack, updates are organized by portfolio/file.
Table of Contents (by file):
Energy, Environment and Resources
Agriculture and Forestry
Transport and Infrastructure
Finance, Banking, Commerce
Industry, Technology, Science
International Trade and Foreign Affairs
Indigenous Peoples
National Security, Defence and Veterans Affairs
Fisheries and Oceans
Government Operations, Public Accounts, National Finance
Health
Social Development, Culture, Citizenship, Languages
Highlights:
17 new regulations came into force in April, including changes to penalties on shipping companies, low-interest loans to farmers, broadcasting fees, staffing rules for the federal public service, amended energy efficiency regulations, new patent rules, small business financing, chicken (and egg) marketing quotas, increased chemical transparency of cosmetics, and new rules regarding Canadian affairs with Belarus and Sudan.
7 major new proposed regulations with a call for comments were posted in April, including new rules to reduce national security risks from foreign nationals, the introduction of a Canadian Industrial Hemp Promotion-Research Agency, amendments to the Vancouver International Airport Zoning Regulations, and health regulations to nuclear power plants and uranium mines in several provinces.
Key public notices and government notices:
regulatory updates on plastic resins, plastic products, dyes from pulp and paper mills, ship-source oil pollution, and Turkish pasta
Highlights (by file):
Queen Street Analytics provides a high-level overview of monthly regulatory developments. If your organization has more specific needs, such as:
tracking regulation in real time
receiving regulatory alerts on specific issues
accessing AI-powered analyses and summaries of regulatory changes or public comments on closed proposed regulations,
consider subscribing to LobbyIQ’s regulatory-tracking package.
1. New Regulations
New regulations that increase penalties to shipping companies (SOR/2024-49)
Agency: Minister of Transport
Statutory authority: Canada Shipping Act, 2001 (the “CSA”)
TL;DR: these new amendments increasing the maximum penalty (AMP) for non-compliance with the CSA to $250,000
New regulations that increase interest-free loans to farmers (SOR/2024-53)
Agency: Minister of Agriculture and Agri-Food and Minister of Finance
Statutory authority: Agricultural Marketing Programs Act
TL;DR: increase the limits of the federal loan guarantee program that provides farmers with access to low- and no-interest cash advances to increase their cash flow over the production and marketing period and increase their marketing opportunities
New regulations that adjust broadcasting fees (SOR/2024-46)
Agency: CRTC, with approval from Treasury Board (SOR/2024-46)
Statutory authority: Broadcasting Act
TL;DR: list of minor fee changes
New regulations on the staffing system of the federal public service (SOR/2024-51, and SOR/2024-52)
Agency: Public Service Commission
Statutory authority: Public Service Employment Act
TL;DR: some rules about the staffing system of the federal public service were moved from the Public Service Employment Act (PSEA) to the Communications Security Establishment Act (CSEA)
New regulations to amend energy efficiency regulations (SOR/2024-54)
Sponsoring agency: Minister of Natural Resources
Statutory authority: Energy Efficiency Regulations, 2016
TL;DR: amendments to energy efficiency regulations to align with the US Department of Energy’s testing standards, harmonizing cross-border regulation for cost-saving
New privileges and immunities to enable Canada to host a United Nations committee session on plastic pollution (SOR/2024-48)
Sponsoring agency: Minister of Foreign Affairs
Statutory authority: Foreign Missions and International Organizations Act
TL;DR: regulations to enable Canada to host the Fourth Session on the Intergovernmental Negotiating Committee on Plastic Pollution (INC-4), aligning with obligations outlined in the UN Environment Program (UNEP)
New regulations on patent rules (SOR/2024-50)
Sponsoring agency: Minister of Industry
Statutory authority: Patent Act
TL;DR: new mechanism to fix insufficient payments caused by administrative errors or omissions
New regulation on land-use development in the Mackenzie Valley Resource Management Act (SOR/2024-47)
Sponsoring agency: Minister of Northern Affairs
Statutory authority: Mackenzie Valley Resource Management Act
New amendments on small business financing regulations (SOR/2024-64)
Sponsoring agency: Minister of Small Business and Tourism
Statutory authority: Canada Small Business Financing Act
TL;DR: consolidating minor technical issues and discrepancies between the English and French versions
New regulations amending chicken marketing quotas (SOR/2024-55)
Sponsoring agency: Chicken Farmers of Canada
Statutory authority: Farm Products Agencies Act
New regulation on egg marketing levies (SOR/2024-59)
Sponsoring agency: Canadian Egg Marketing Agency
Statutory authority: Farm Products Agencies Act
New regulations on disclosure of cosmetic ingredients (SOR/2024-63)
Sponsoring agency: Minister of Health
Statutory authority: Cannabis Act, Food and Drugs Act
TL;DR: increasing chemical transparency of cosmetics
New regulations on the domestic substances list (SOR/2024-57) (SOR/2024-58) (SOR/2024-56)
Sponsoring agency: Minister of the Environment
Statutory authority: Canadian Environmental Protection Act, 1999
New regulation on early learning and childcare (SI/2024-15)
Sponsoring agency: Minister of Families, Children, and Social Development
Statutory authority: Canada Early Learning and Child Care Act
New regulation on immigration and refugee protection (SOR/2024-65)
Sponsoring agency: Minister of Public Safety and Emergency Preparedness
Statutory authority: Immigration and Refugee Protection Act
TL;DR: clarifying technical issues identified in the Protection of Passenger Regulations
New regulations on relations with Belarus (SOR/2024-60)
Sponsoring agency: Minister of Foreign Affairs
Statutory authority: Special Economic Measures Act
TL;DR: Belarus has committed human rights violations and this aims to pressure Belarus through communicating a clear message and aligning with international partners
New regulations on relations with Sudan (SOR/2024-62) (SOR/2024-61)
Sponsoring agency: Minister of Foreign Affairs
Statutory authority: Special Economic Measures Act
TL;DR: allowing the Minister of Foreign Affairs to issue permits allowing Canadian abroad to conduct specified activities or transactions prohibited by Sudan regulations
2. Proposed New Regulations
April 20, 2024: Canada Border Services Agency (CBSA) proposes new regulations amending the immigration and refugee protection regulations (authority: Immigration and Refugee Protection Act)
Objective: support broader Government of Canada priorities with respect to immigration enforcement through improving program integrity and reducing risks to public safety or national security posed by foreign nationals inadmissible on serious grounds
30-day commenting period open until May 20th
April 20, 2024: Farm Products Agencies of Canada (FPCC) proposes the introduction of the Canadian Industrial Hemp Promotion-Research Agency (PRA)
Objective: strengthen and consolidate gaps in the hemp industry—hemp was only legalized in 1998 and therefore, there are many gaps in research and consumer knowledge
30-day commenting period open until May 20th
April 20, 2024: Department of Transport proposes amendments to the Vancouver International Airport Zoning Regulations (VIAZR)
Objectives: (1) enable the construction of an additional runway, (2) prohibit use of land that attracts wildlife near a flight path, (3) align terminology with the International Civil Aviation Organization (ICAO)
60-day commenting period open until June 19th
April 27, 2024: Department of Employment and Social Development proposes regulations to New Brunswick nuclear power plants and uranium mines under the Canada Labour Code and the Non-smokers’ Health Act
Objectives: harmonize the rights of faculty fire brigade (FFB) members in nuclear power plants across Canada and modernize terminology used in regulation
30-day commenting period open until May 27th
April 27, 2024: Department of Employment and Social Development proposes regulations to Ontario nuclear power plants and uranium mines under the Canada Labour Code and the Non-smokers’ Health Act
Objectives: harmonize the rights of faculty fire brigade (FFB) members in nuclear power plants across Canada and modernize terminology used in regulation
30-day commenting period open until May 27th
April 27, 2024: Department of Employment and Social Development proposes regulations to Saskatchewan nuclear power plants and uranium mines under the Canada Labour Code and the Non-smokers’ Health Act
Objectives: harmonize the rights of faculty fire brigade (FFB) members in nuclear power plants across Canada and modernize terminology used in regulation
30-day commenting period open until May 27th
April 27, 2024: Department of National Defense proposes regulations to the National Defense Act
Objectives: enhance impartiality and judicial independence of the court martial and the military judges
30-day commenting period open until May 27th
3. Notices from Agencies and Commissions
Dept. of the Environment
April 20th: Notice with respect to reporting of plastic resins and certain plastic products for the Federal Plastics Registry
Statutory authority: Environmental Protection Act
April 6th and 20th: Notice with respect to the Guidelines for the Reduction of Dyes Released from Pulp and Paper Mills
Statutory authority: Environmental Protection Act
April 20th: final decision after assessment of select hydrocarbon-based substances on the Domestic Substances List
Statutory authority: Environmental Protection Act
April 20th: final decision after assessment of 34 substances specified on the Domestic Substances List
Statutory authority: Environmental Protection Act
Dept. of Transport
April 13th: change the levy for payments into the ship-source Oil Pollution Fund
Statutory authority: Marine Liability Act
ISED
April 6th: notice of upcoming auction of residual spectrum licences.
Statutory authority: Radiocommunication Act
Key dates: deadline for receipt of applications: June 4th; deadline for sealed bids: July 16th
Superintendent of Financial Institutions
April 20th: MD Private Trust Company and The Bank of Nova Scotia Trust Company are authorized to operate as one company under the same name
CRA (Canada Revenue Agency):
April 6th, 13th and 20th: revoked the registration of several charities
CITT (Canadian International Trade Tribunal):
April 20th: CITT completed its inquiry into a procurement complaint by St. Michaels Investment Group Canada Inc, deemed invalid
April 6th: report on an ongoing inquiry concerning the dumping and subsidizing of pasta originating in or exported from Turkey