June's regulatory developments in Ottawa
grain moisture shrinkage, synthetic opioids and fentanyl precursors, First Nations GST, cheese, yogurt, and buttermilk, Radiocommunication jammers, all-gender toilets, payday loans, mining waste
Regulations are the nuts and bolts that give practical effect to legislation, which makes regulatory changes ever more important in today’s business environment. That is why, every month, Queen Street Analytics provides key updates on new regulations coming into effect or being proposed.
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 (by file):
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1. New Regulations
New regulations that amend the calculation of the moisture shrinkage for grain (SOR/2024-93)
Agency: Canadian Grain Commission
Statutory authority: Canadian Grain Act
TL;DR: providing regulatory consistency for producers and improving responsiveness to the grain sector needs
New regulations amending Schedules I and VI to the Controlled Drugs and Substances Act (SOR/2024-98)
Agency: Minister of Mental Health and Additions and Associate Minister of Health
Statutory authority: Controlled Drugs and Substances Act
TL;DR: assisting in addressing the production and supply of select controlled substances through strictly controlling synthetic opioids and fentanyl precursors
New regulations amending the First Nations GST (SOR/2024-103)
Agency: Minister of Finance
Statutory authority: First Nations Goods and Services Tax Act
New authorization of commemorative two-dollar coins (SOR/2024-104) (SOR/2024-106)
Agency: Minister of Finance
Statutory authority: Royal Canadian Mint Act
New regulations exempting Kapisikama Lake from Section 29 of the Canadian Navigable Waters Act (SOR/2024-102)
Agency: Minister of Transport
Statutory authority: Canadian Navigable Waters Act
TL;DR: exemption will allow the dewatering of Kapiskama Lake to facilitate mining operations
New regulations on authorization regarding cheese, yogurt, kefir and buttermilk (SOR/2024-89)
Agency: Minister of Health
Statutory authority: Food and Drugs Act
TL;DR: exempting the requirement for select prepackaged products to carry a nutrition symbol
New amendments to narcotic control regulations (SOR/2024-99)
Agency: Minister of Mental Health and Addictions and Associate Minister of Health
Statutory authority: Controlled Drugs and Substances Act
New order fixing the day that the Budget Implementation Act, 2021, No. 1 comes into force (SI/2024-24)
Agency: Minister of Finance
Statutory authority: Budget Implementation Act, 2021, No. 1
TL;DR: updating pensions with new rules for negotiation contribution
New regulations amending pay equity regulations (SOR/2024-101)
Agency: Minister of Labour
Statutory authority: Pay Equity Act
TL;DR: establishing a process for updating pay equity plans in workplaces with no predominantly male job classes, revising rules calculating the hourly rates of pay and various other regulations
New regulations amending the pension benefits standards regulations (SOR/2024-95)
Agency: Minister of Finance
Statutory authority: Pension Benefits Standards Act, 1985
TL;DR: updating pensions with new rules for negotiation contribution
New regulations amending the precursor regulations for fentanyl (SOR/2024-100)
Agency: Minister of Mental Health and Addictions and Associate Minister of Health
Statutory authority: Controlled Drugs and Substances Act
New regulations regarding jammers (SOR/2024-94)
Agency: Minister of Industry
Statutory authority: Radiocommunication Act
New amendments regarding the Rouge National Urban Park (SOR/2024-96)
Agency: Minister of the Environment
Statutory authority: Rouge National Urban Park Act
TL;DR: formally adding select lands to Rouge National Urban Park
New special economic measures extremist settler violence and Russia (SOR/2024-92) (SOR/2024-91) (SOR/2024-90)
Agency: Minister of Foreign Affairs
Statutory authority: Special Economic Measures Act
New authorization regarding vitamin D in yogurt and kefir (SOR/2024-88)
Agency: Minister of Health
Statutory authority: Food and Drugs Act
TL;DR: expanding food sources that may be eligible to contain vitamin D to help Canadians fulfill dietary requirements
New regulations on wastewater systems (SOR/2024-97)
Agency: Minister of the Environment
Statutory authority: Fisheries Act
TL;DR: strengthening environmental protections and transparency in wastewater management
New regulations amending the application of provincial laws (SOR/2024-115)
Agency: Minister of Justice
Statutory authority: Contraventions Act
TL;DR: technical amendments to ensure consistency within the Application of Provincial Laws Regulations
New regulations on biocides (SOR/2024-110)
Agency: Minister of Health
Statutory authority: Food and Drugs Act, Pest Control Products Act
TL;DR: modernizing regulatory framework under the FDA specific to biocides
New regulations on the labour code and sanitation (SOR/2024-118)
Agency: Minister of Labour and the Minister of Transport
Statutory authority: Canada Labour Code
TL;DR: various inclusive initiatives such as eliminating the disincentive for employers to provide all-gender toilet rooms, ensuring language does not discriminate, and updating inconsistent standards referenced in regulations
New amendments to the Canadian broiler hatching egg levies (SOR/2024-107)
Agency: Canadian Egg Producers
Statutory authority: farm Products Agencies Act
New regulations amending the Canadian chicken marketing quota regulations (SOR/2024-120)
Agency: Chicken Farmers of Canada
Statutory authority: Farm Products Agencies Act
New regulations amending the Canadian chicken hatching egg producers quota regulations (SOR/2024-108)
Agency: Chicken Hatching Egg Producers
Statutory authority: Farm Producers Agencies Act
New regulations amending criminal interest rates (SOR/2024-114)
Agency: Minister of Justice
Statutory authority: Criminal Code
Tl;DR: exempting certain types of loans from the criminal interest rates, limiting the cost of borrowing of a payday loan
New regulations on the CTMA Ranger remission (SOR/2024-125)
Agency: Minister of Finance
Statutory authority: Customs Tariff
TL;DR: providing remission of customs duties paid by CTMA on the CTMA Ranger
New order amending the export control list (SOR/2024-112)
Agency: Minister of Foreign Affairs
Statutory authority: Export and Import Permits Act
TL;DR: addition of export permit requirements for select items
New order amending the fees in respect of drugs and medical devices (SOR/2024-121)
Agency: Minister of Health
Statutory authority: Food and Drugs Act
TL;DR: implementing new fees and amending existing fees for the authorization and sale of biocides
New regulations amending the immigration and refugee protection regulations (SOR/2024-127) (SOR/2024-128)
Agency: Minister of Citizenship and Immigration
Statutory authority: Immigration and Refugee Protection Act
New regulations amending the metal and diamond mining regulations (SOR/2024-124)
Agency: Minister of the Environment
Statutory authority: Fisheries Act
TL;DR: authorizing the deposit of mine waste generated by the West Detour Project
New regulations on migratory birds (SOR/2024-129)
Agency: Minister of the Environment
Statutory authority: Migratory Birds Convention Act, 1994
New order grouping Ministers’ offices for a pay equity plan (SOR/2024-116) (SOR/2024-117)
Agency: Minister of Labour
Statutory authority: Pay Equity Act
New regulations relating to NATO (SOR/2024-126)
Agency: Minister of Foreign Affairs
Statutory authority: Privileges and Immunities (North Atlantic Treaty Organisation) Act
TL;DR: providing NATO and its personnel with the applicable privileges and immunities
New order fixing the day which Sections 610 to 612 of the Budget Implementation Act, 2024, No. 1 comes into force (SI/2024-25)
Agency: Minister of Finance
Statutory authority: Budget Implementation Act, 2023, No. 1
New regulations amending products containing mercury regulations (SOR/2024-109)
Agency: Minister of the Environment and Minister of Health
Statutory authority: Canadian Environmental Protection Act, 1999
New regulations relating to the RCMP’s pension fund (SOR/2024-119)
Agency: Minister of Public Safety and Emergency Preparedness
Statutory authority: Royal Canadian Mounted Police Pension Continuation Act
TL;DR: making the recommended benefit increases
New regulations relating to Ukraine (SOR/2024-113)
Agency: Minister of Foreign Affairs
Statutory agency: Special Economic Measures Act
TL;DR: adding 10 individuals to the Ukraine Regulations who are subject to a broad dealings ban
New order relating to chestnut-collared longspur and nine other wildlife species (SOR/2024-123)
Agency: Minister of the Environment
Statutory authority: Species At Risk Act (the “SARA”)
TL;DR: ensuring that the various measures available under SARA are applicable to select wildlife species
New regulations Tang.ɢwan — ḥačxʷiqak — Tsig̱is as a protected marine area (SOR/2024-122)
Agency: Minister of Fisheries and Oceans
Statutory authority: Oceans Act
TL;DR: conserving and protecting the ThT MPA under the Oceans Act
New order amending the Ukraine goods remission (SOR/2024-111)
Agency: Minister of Finance
Statutory authority: Customs Tariff
TL;DR: encouraging economic activity in Ukraine through increased exports
2. Proposed New Regulations
June 1, 2024: Department of the Environment proposes new regulations amending the wildlife area regulations (authority: Canadian Wildlife Act)
Objective: facilitating the management of wildlife conservation, research and interpretation in Saskatchewan, by delisting those Prarie NWA units of which the lands are of low conservation value nad creating five new NWAs for lands that are of high conservation value
90-day commenting period open until August 30th
June 1, 2024: Department of Health proposes new regulations amending the Cannabis Regulations (authority: Cannabis Act)
Objective: harmonizing regulation with certain provisions of the Controlled Substances Regulations
60-day commenting period open until July 31st
June 1, 2024: Department of Health proposes new regulations amending the Controlled Substances Regulations (authority: Controlled Drugs and Substances Act)
Objective: enhancing administration and compliance by harmonizing and modernizing regulations for controlled substances, aligning them with Cannabis Regulations and the proposed CSR, supporting pharmacy innovation, and improving clarity and readability through consolidation and updated legislative drafting conventions
60-day commenting period open until July 31st
June 1, 2024: Department of Health proposes new regulations amending certain regulations concerning controlled substances (authority: Financial Administration Act, Food and Drugs Act, Controlled Drugs and Substances Act)
Objective: enhancing regulatory consistency and comprehension
60-day commenting period open until July 31st
June 1, 2024: Department of Transport proposes new regulations amending Vessel Traffic Services Zones Regulations (authority: Canada Shipping Act, 2001)
Objective: strengthening marine safety and environmental protection across Canada through consistent, reliable, and efficient vessel traffic services that are aligned with international standards, responsive to emerging safety risks, and enforceable
60-day commenting period open until July 31st
June 8, 2024: Department of the Environment proposes new regulations amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (authority: Canadian Environmental Protection Act, 1999)
Objective: updating the existing references to technical standards incorporated by reference in the Regulations, ensuring the inclusion of the most up-to-date technical standard titles
60-day commenting period open until August 7th
June 8, 2024: Department of Health proposes new regulations amending Schedule 2 to the Cannabis Act (authority: Cannabis Act)
30-day commenting period open until July 8th
June 8, 2024: Department of Health proposes new regulations amending Schedule 2 to the Cannabis Tracking System Order (authority: Cannabis Act)
30-day commenting period open until July 8th
June 8, 2024: Department of Health proposes new regulations amending certain regulations concerning cannabis (authority: Cannabis Act and Food and Drugs Act)
Objective: supporting the primary objectives of protecting public health and safety within the cannabis regulatory framework
30-day commenting period open until July 8th
June 8, 2024: Department of Industry proposes new regulations amending the Trademarks Regulations (authority: Trademark Act)
Objective: supporting the legislative framework set out in the Budget Implementation Act for the Canadian Intellectual Property Office to advance the priorities set out in the IP Strategy
30-day commenting period open until July 8th
June 15, 2024: Department of Citizenship and Immigration proposes new regulations amending the Immigration and Refugee Protection Regulations (authority: Immigration and Refugee Protection Act)
Objective: facilitating the entry of foreign nationals into Canada while protecting Canadians' health, safety, and security by providing consistent regulatory authorities to cancel temporary resident documents, thereby supporting migration management, increasing processing efficiencies, and enhancing safety and security at the border and within the country
30-day commenting period open until July 15th
June 15, 2024: Department of Health proposes new regulations amending the Pest Control Regulations (authority: Pest Control Products Act)
Objective: facilitating the PMRA’s transformation initiative by improving transparency, access to information, and environmental protection
30-day commenting period open until July 15th
June 22, 2024: Department of Natural Resources proposes new regulations amending the Energy Efficiency Regulations, 2016 (authority: Energy Efficiency Regulations, 2016)
Objective: reducing energy consumption and GHG emissions and contributing to Canada's net-zero emissions goal by 2050
70-day commenting period open until August 31st
June 22, 2024: Department of Health proposes new regulations amending and repealing certain regulations made under the Canada Shipping Act, 2001 (authority: Canada Shipping Act, 2001)
Objective: enhancing marine safety and environmental protection by strengthening Canada’s ship-source oil spill preparedness regulations governing the TC-certified ROs and OHF operators
75-day commenting period open until September 5th
June 29, 2024: Department of Citizenship and Immigration proposes new regulations amending the Immigration and Refugee Protection Regulations (authority: Immigration and Refugee Protection Act)
Objective: providing with the appropriate tools to ensure that study permits are issued to those who will be attending genuine DLIs that comply with both federal and provincial requirements and to verify that students are complying with their study permit conditions
30-day commenting period open until July 29th
3. Notices from Agencies and Commissions
Canadian International Trade Tribune
June 1st: Notice with respect to an inquiry filed for a complaint concerning procurement of body armour
June 1st: Notice with respect to an inquiry filed for a complaint concerning procurement of marine fuel
June 8th: Notice with respect to an inquiry filed for a complaint concerning procurement of cloud-based services
June 8th: Notice with respect to an inquiry filed for a complaint concerning procurement of environmental services
June 15th: Notice with respect to the commencement of inquiry on certain wire rods
June 15th: Notice with respect to an inquiry filed for a complaint concerning procurement of software
June 22nd: Notice with respect to the commencement of inquiry on beacons
June 22nd: Notice with respect to the commencement of inquiry on cloud-based services
June 22nd: Notice with respect to the commencement of inquiry on geographic information services software
June 22nd: Notice with respect to the commencement of inquiry on rental of freight aircraft with operator
June 22nd: Notice with respect to the commencement of inquiry on video and photo production services
CRTC
June 1st: Notice with respect to administrative decisions and consultations
June 8th: Notice with respect to decisions and orders
June 15th: Notice on administrative decisions and regulatory policies
Office of the Director of Public Prosecutions
June 1st: Notice with respect to assignment and directive
Statutory authority: Director of Public Prosecutions Act
Department of the Environment
June 1st: Notice with respect to the Ministerial Condition No. 21810
Statutory authority: Canadian Environmental Protection Act, 1999
June 8th: Notice with respect to the Ministerial Condition No. 21762
Statutory authority: Canadian Environmental Protection Act, 1999
June 8th: Notice with respect to the availability of an equivalency agreement
Statutory authority: Canadian Environmental Protection Act, 1999
June 29th: Notice respecting the reduction in the release of methane
Statutory authority: Canadian Environmental Protection Act, 1999
Department of Health
June 1st: Notice of intent to consult on modernization of provisions pertaining to hospitals and practitioners in regulations made under the Controlled Drugs and Substances Act
June 8th: Notice concerning the sale of certain natural health products containing ephedrine or pseudoephedrine
Statutory authority: Food and Drugs Act
Innovation, Science and Economic Development Canada
June 1st: Notice relating to the use of radiocommunication devices in auto theft
Statutory authority: Radiocommunication Act
Privy Council Office
June 1st: Notice with respect to appointment opportunities
June 8th: Notice with respect to appointment opportunities
June 15th: Notice with respect to appointment opportunities
Department of Transport
June 1st: Notice with respect to the Vancouver Fraser Port Authority
Statutory authority: Canada Marine Act
June 22nd: Notice with respect to the discharge of sewage and the release of greywater by cruise ships in Canadian waters
Statutory authority: Canadian Shipping Act, 2001
June 22nd: Notice with respect to the Belledune Compulsory Pilotage Area
Statutory authority: Pilotage Act
June 22nd: Notice with respect to the Sheet Harbour Compulsory Pilotage Area
Statutory authority: Pilotage Act
Public Service Commission
June 8th: Notice of permission granted to Kethlande Pierre for seek nomination as a candidate in Gatineau, Quebec in the municipal election
Statutory authority: Public Service Employment Act
Canada Revenue Agency
June 8th: Notice of revocation of registration of certain charities
Statutory authority: Income Tax Act
June 15th: Notice of revocation of registration of certain charities
Statutory authority: Income Tax Act
June 22nd: Notice of revocation of registration of certain charities
Statutory authority: Income Tax Act
Canada Border Services Agency
June 15th: Notice of a decision regarding wire rods
Statutory authority: Special Import Measures Act
Bank of Canada
June 15th: Notice of a delegation of authorities by the Governor of the Bank of Canada
Statutory authority: Retail Payment Activities Act
Department of Industry
June 15th: Notice of appointments
Department of Public Safety and Emergency
June 15th: Notice of review of listed entities pursuant to section 83,05 of the Criminal Code
Office of the Superintendent of Financial Institutions
June 15th: Notice of letter patents incorporating Santander Consumer Bank
Statutory authority: Bank Act
Canada Energy Regulator
June 22nd: Notice of application by Manitoba Hydro to export electricity to the United States
Department of Citizenship and Immigration
June 22nd: Notice of new Ministerial Instructions regarding the processing of certain work permit applications
Statutory act: Immigration and Refugee Protection Act
Supreme Court of Canada
June 22nd: Notice of commencement of sessions
Statutory act: Supreme Court Act
Department of Employment and Social Development
June 29th: Notice of Canada Disability Benefit Regulations
Statutory act: Canada Disability Benefit Act and Department of Employment and Social Development Act
June 29th: Notice of Canada Student Loans Regulations and the Canada Student Financial Assistance Regulations
Statutory act: Canada Student Loans Act and Canada Student Financial Assistance Act
Department of Fisheries and Oceans
June 29th: Notice of Possession and Export of Elvers Regulations
Statutory act: Fisheries Act