Canada Gazette, Part I, Volume 157, Number 51: COMMISSIONS
December 23, 2023
CANADIAN FOOD INSPECTION AGENCY
CANADIAN FOOD INSPECTION AGENCY ACT
Notice Amending the Canadian Food Inspection Agency Fees Notice
The Minister of Health, pursuant to subsection 24(1) and section 25 of the Canadian Food Inspection Agency Act, fixes fees by amending the Canadian Food Inspection Agency Fees Notice, in accordance with the annexed notice.
Ottawa, December 11, 2023
The Honourable Mark Holland
Minister of Health
Notice Amending the Canadian Food Inspection Agency Fees Notice
Amendments
1. Item 1 (Registration) in the table to section 2 of Part 5 of the Canadian Food Inspection Agency Fees Notice is replaced by the following:
| Item | Column 1 Service, right, product, privilege or use |
2021-22 Fee |
Column 2 2022-23 Fee |
|---|---|---|---|
| Registration 1 | (1) Subject to subsection (3), for the consideration of an application for registration of a fertilizer or supplement made under section 5 of the Regulations: | ||
| (a) in the case of an application for registration | $364.12 | $376.50 | |
| (b) in the case of an application for the re-registration of a fertilizer or supplement | $260.09 | $268.93 | |
(c) in the case of an application to amend a registration in respect of one or more of the following minor amendments:
|
$52.02 | $53.79 | |
| (d) in the case of any other application to amend a registration (major amendment) | $364.12 | $376.50 | |
| (2) Subject to subsection (3), for an assessment of the safety of a fertilizer or supplement if it is necessary to consider an application referred to in subsection (1), in addition to those set out in that subsection | $520.18 | $537.87 | |
| (3) The maximum fee payable for the consideration of an application | $1,040.36 | $1,075.73 | |
EXPLANATORY NOTE
(This note is not part of the Notice.)
The Canadian Food Inspection Agency Fees Notice (CFIA Fees Notice) sets out the fees that have been fixed by the Minister of Health under subsection 24(1) and section 25 of the Canadian Food Inspection Agency Act. These fees are for services or the use of a facility provided by the Canadian Food Inspection Agency (CFIA), or in respect of products, rights, and privileges provided by the CFIA.
The Fertilizers Regulations were updated on October 26, 2020 (Canada Gazette, Part II, Volume 154, Number 23). Changes are needed to align the descriptions of certain fertilizer privileges that are currently listed in the CFIA Fees Notice with the new regulatory requirements and their intent. The term “privileges” refers to licences, permits, product registrations, approvals, and other types of authorizations that enable an activity to take place. Specifically, changes are required to the descriptions of privileges listed under Part 5 (Fertilizers Fees), item 1. The privileges in item 1 entail fertilizer or supplement registrations, re-registrations, and registration amendments. The updates to the descriptions of these privileges will clarify for stakeholders which fertilizer privileges (and their associated fees) are still applicable, and which no longer apply under the new Fertilizers Regulations.
The CFIA Fees Notice is being updated to reflect the reduction in registration requirements resulting from the updated Fertilizers Regulations. Under the previous Regulations, the registration of the product needed to be amended before any modifications could be made to the label, chemical composition, or ingredients of a registered fertilizer or supplement. Each time an amendment was made to a product registration, the corresponding fee listed in the CFIA Fees Notice was triggered. Under the updated Fertilizers Regulations, an amendment to the fertilizer or supplement registration is only required if the modification can reasonably be expected to affect the registered product’s safety, use, or identity as a fertilizer or supplement. As a result, there are fewer cases where businesses need to approach the CFIA to obtain an amendment to their product registration, leading to a reduction in costs to industry. Accordingly, item 1 under Part 5 of the CFIA Fees Notice needs to be updated to remove descriptions of product modifications that no longer require an amendment to the product registration. Other changes being made to item 1 under Part 5 of the CFIA Fees Notice remove outdated privileges that are no longer applicable under the Fertilizers Regulations, and adjust wording for consistency with the Fertilizers Regulations and guidance material. No changes to the actual fee amounts are proposed by these amendments.
The corresponding changes to item 1 under Part 5 of the CFIA Fees Notice include
- removing “the colour or format of the label” and “the declaration of net contents” from the list of modifications to a registered fertilizer or supplement that require an amendment to the product registration;
- removing “efficacy assessment” and “temporary registrations” as they are no longer available;
- replacing “renewal” with “re-registration” to align with the Fertilizers Regulations; and
- adding the concept of “minor” and “major” registration amendments to align with guidance material for industry.
These changes to the CFIA Fees Notice will not generate any additional benefits or costs to stakeholders beyond those already attributed to the updated Fertilizers Regulations. These changes simply align the descriptions in the CFIA Fees Notice with the updated Regulations.
The CFIA engaged stakeholders extensively as part of the consultative process for the Fertilizer Modernization initiative. Consultations included industry working groups, annual stakeholder meetings, online consultations, as well as through the public comment period following the prepublication in the Canada Gazette, Part I. Limiting the triggers that require a registration amendment was welcomed by the stakeholder, and comments were consistently positive.
CANADIAN FOOD INSPECTION AGENCY
CANADIAN FOOD INSPECTION AGENCY ACT
Notice Amending the Canadian Food Inspection Agency Fees Notice
The Minister of Health, pursuant to subsection 24(1) and section 25 of the Canadian Food Inspection Agency Act, fixes fees by amending the Canadian Food Inspection Agency Fees Notice, in accordance with the annexed notice.
Ottawa, December 11, 2023
The Honourable Mark Holland
Minister of Health
Notice Amending the Canadian Food Inspection Agency Fees Notice
Amendments
1. Sections 1 and 2 of Part 11 of the Canadian Food Inspection Agency Fees Notice before the table is replaced by the following:
Interpretation
1. (1) The definitions in this subsection apply in this Part.
- “Act”
- means the Health of Animals Act. (Loi)
- “certification”
- means the signing by an inspector of a document authorizing an activity or attesting to the validity of information, no matter who prepared the document. (certification)
- “commercial grade beef cattle”
- means cattle that are used primarily to produce meat, other than cattle that are purebred within the meaning of section 2 of the Animal Pedigree Act. (bœufs commerciaux sans race)
- “import permit”
- means a permit for the purpose of the importation of animals or things that is issued by the Minister under section 160 of the Regulations. (permis d’importation ou licence d’importation)
- “pet bird”
- means a pet bird that is imported from a country other than the United States under a permit issued pursuant to section 10 of the Regulations. (oiseau de compagnie)
- “private quarantine facility”
- means a quarantine facility that is not a quarantine station. (installation de quarantaine privée)
- “quarantine station”
- means a quarantine facility operated by the Agency. (station de quarantaine)
- “Regulations”
- means the Health of Animals Regulations. (Règlement)
(2) Unless otherwise provided in this Part, other words and expressions have the same meaning as in the Act and the Regulations.
2. This Part does not apply to the importation and exportation of regulated animals transiting through Canada or the United States during an emergency situation referred to in sections 17 and 69.1 of the Health of Animals Regulations.
Payment
3. (1) The fees set out in the table to this Part, except those set out in item 20, shall be paid when the service is requested.
(2) The fees set out in item 20 of the table shall be paid as follows:
- (a) 10% of the fee multiplied by the minimum number of days that the animal to be imported will be quarantined, as determined by the Minister on issuance of a permit to import an animal in accordance with section 160 of the Regulations, shall be paid at the earlier of
- (i) the time a request to be placed on a list reserving space at a quarantine station for an animal to be imported is made, or
- (ii) the time the application for a permit to import an animal is made; and
- (b) the outstanding balance shall be paid before the release of the animal from the quarantine.
EXPLANATORY NOTE
(This note is not part of the Notice.)
The Canadian Food Inspection Agency Fees Notice (CFIA Fees Notice) sets out the fees that have been fixed by the Minister of Health under subsection 24(1) and section 25 of the Canadian Food Inspection Agency Act. These fees are for services or the use of a facility provided by the Canadian Food Inspection Agency (CFIA), or in respect of products, rights, and privileges provided by the CFIA. This note explains why the CFIA is adding a non-application clause to Part 11 (Health of Animals Fees) of the CFIA Fees Notice to align the CFIA Fees Notice with the intent of regulatory changes made to the Health of Animals Regulations (HAR) regarding emergency transit.
The HAR prohibit a person from importing a regulated animal (such as livestock) without an import permit or meeting other requirements set out in the Import Reference Document. Likewise, a Canadian export certificate is required to export regulated animals in specific circumstances. Under normal conditions, owners of regulated animals are charged fees, as set out in Part 11 (Health of Animals Fees) of the CFIA Fees Notice, for import and export such as transporting animals across the Canada–United States (U.S.) border.
During emergency situations, there may be a need to urgently evacuate regulated animals across the Canada–U.S. border. Such an emergency could be caused by flooding, forest fires, other extreme weather events or natural disasters, or when routine transportation routes are blocked or disrupted. When these events occur, it may be necessary to quickly import/export these animals across the Canada–U.S. border without any delays so as to not compromise the well-being of the affected animals.
To address emergencies of this kind, the CFIA and the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (USDA APHIS) developed, through the Canada–United States Regulatory Cooperation Council (RCC), the Emergency Transit Policy for Regulated Animals (referred to as the “joint policy” henceforth). The objective of this joint policy is to allow the expedited transit of regulated animals across the Canada–U.S. border and back again during emergency situations, with simplified import and export requirements.
On June 9, 2021, the CFIA published amendments to the HAR (emergency transit) in the Canada Gazette, Part II, to provide the Agency with the authority to implement the joint policy. The HAR amendments allow regulated animals to transit through Canada and the United States during emergency situations without having to meet certain import and export requirements. This included adding sections 17 and 69.1 to the HAR, which provide the President of the CFIA (or his/her delegate) with the authority to permit the emergency transit of animals without requiring an import permit and/or having to meet the requirements of the Import Reference Document. These regulatory changes help preserve animal welfare and streamline import/export requirements for businesses and other stakeholders during emergencies.
The corresponding CFIA Fees Notice needs to be updated to align with the HAR amendments. The updates to the CFIA Fees Notice will exempt import- and export-related fees for the emergency transit of animals. Part 11 (Health of Animals Fees) of the CFIA Fees Notice includes the fees for services related to the import or export of regulated animals (for example the issuance of an export certificate). Through this amendment, the CFIA is adding a non-application clause to Part 11 of the CFIA Fees Notice for situations involving the emergency transit of affected animals. No changes to the actual fees are proposed by this amendment.
This change to the CFIA Fees Notice will not introduce any incremental cost or burden on regulated parties, and will create administrative efficiencies for the CFIA.
Previously, the CFIA had to grant fee remissions (an extraordinary measure to provide affected parties full or partial relief from fees) to stakeholders on a case-by-case basis for fees collected for the transit of animals in emergency situations. For instance, when the joint policy was activated during the 2021 British Columbia floods, the CFIA granted affected businesses a remission for fees under Part 11 of the CFIA Fees Notice that would have otherwise been applied to the import and export activities of regulated animals. Adding a non-application clause to the CFIA Fees Notice will help simplify the process for moving regulated animals in an emergency, as the CFIA will no longer need to calculate export/import fees, issue invoices, and process remissions. This will ultimately reduce the time owners of regulated animals must spend at the border.
Within the CFIA, this change will reduce the administrative effort as invoices and remissions will no longer be required. It is not possible to quantify the specific reduction to CFIA resources since these impacts depend on several factors that are difficult to predict: the frequency, magnitude, duration and geographical location of future emergency situations, the number and species of affected animals, and the number of affected businesses. The 2021 British Columbia floods were the only situation that has triggered the joint policy to date.
Due to the burden-relieving nature of this change to the CFIA Fees Notice, no public consultations are necessary.
CANADIAN INTERNATIONAL TRADE TRIBUNAL
DETERMINATION
Biomedical waste removal
Notice is given that, after completing its inquiry, the Canadian International Trade Tribunal made a determination (File PR-2023-024) on December 7, 2023, with respect to a complaint filed by Stericycle, ULC, of Mississauga, Ontario, pursuant to subsection 30.11(1) of the Canadian International Trade Tribunal Act, concerning a procurement (Solicitation 50100-23-4243062) by the Correctional Service of Canada. The solicitation was for the provision of biomedical waste removal services.
Stericycle, ULC alleged that the successful bidder should not have been awarded the contract, as it was facing an enforcement order under the Alberta Environmental Protection and Enhancement Act for improper disposal and storage of biomedical and hazardous waste. Stericycle, ULC requested the issuance of a new solicitation for the designated contract.
Having examined the evidence presented by the parties and considered the provisions of various trade agreements, the Tribunal determined that the complaint was not valid.
Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, December 7, 2023
CANADIAN INTERNATIONAL TRADE TRIBUNAL
EXPIRY REVIEW OF FINDING
Carbon steel welded pipe III
The Canadian International Trade Tribunal gives notice that, pursuant to subsection 76.03(1) of the Special Import Measures Act (SIMA), it will initiate an expiry review of its finding (Expiry Review RR-2023-007) made on February 15, 2019, in Inquiry NQ-2018-003, concerning the dumping of carbon steel welded pipe, commonly identified as standard pipe, in the nominal size range from ½ inch up to and including 6 inches (12.7 mm to 168.3 mm in outside diameter) inclusive, in various forms and finishes, usually supplied to meet ASTM A53, ASTM A135, ASTM A252, ASTM A589, ASTM A795, ASTM F1083 or Commercial Quality, or AWWA C200-97 or equivalent specifications, including water well casing, piling pipe, sprinkler pipe and fencing pipe, but excluding oil and gas line pipe made to API specifications exclusively, originating in or exported from the Islamic Republic of Pakistan, the Republic of the Philippines, the Republic of Türkiye (excluding those goods exported by Erbosan Erciyas Boru Sanayii ve Ticaret A.S.) and the Socialist Republic of Vietnam (the subject goods).
In this expiry review, the Canada Border Services Agency (CBSA) will first determine whether the expiry of the finding in respect of the subject goods is likely to result in the continuation or resumption of dumping of the subject goods. If the CBSA determines that the expiry of the finding in respect of any goods is likely to result in the continuation or resumption of dumping, the Tribunal will then determine if the continued or resumed dumping is likely to result in injury to the domestic industry. The CBSA will provide notice of its determination within 150 days after receiving notice of the Tribunal’s initiation of the expiry review, that is, no later than May 9, 2024. The Tribunal will issue its order and its statement of reasons no later than October 16, 2024.
Each person or government wishing to participate in this expiry review must file Form I—Notice of Participation with the Tribunal by January 5, 2024. Regarding the importance of the deadline for filing a notice of participation, please read carefully the “Support by domestic producers” section in the notice available on the Tribunal’s website. Each counsel who intends to represent a party in the expiry review must file Form II—Notice of Representation and Form III—Declaration and Undertaking with the Tribunal, by January 5, 2024. The Tribunal will issue a list of participants shortly thereafter.
On July 2, 2024, the Tribunal will distribute the record to participants. Counsel and self-represented participants are required to serve their respective submissions on each other on the dates outlined below. Public submissions are to be served on counsel and those participants who are not represented by counsel. Confidential submissions are to be served only on counsel who have access to the confidential record, and who have filed Form III—Declaration and Undertaking with the Tribunal. This information will be included in the list of participants. One complete electronic version of all submissions must be filed with the Tribunal.
The Tribunal will hold a public hearing relating to this expiry review commencing on August 6, 2024. The type of hearing will be communicated at a later date.
Written submissions, correspondence and requests for information regarding the Tribunal’s portion of this expiry review should be addressed to the Registry, Canadian International Trade Tribunal Secretariat, at citt-tcce@tribunal.gc.ca. The Registry can also be reached by telephone at 613‑993‑3595.
Additional information and the expiry review schedule are available in the notice posted on the Tribunal’s website.
Ottawa, December 11, 2023
CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Building construction management
The Canadian International Trade Tribunal has received a complaint (File PR-2023-042) from St. Michaels Investment Group Canada Inc. (St. Michaels) of Toronto, Ontario, concerning a procurement (Solicitation WS4087594800) made by the Department of Public Works and Government Services (PWGSC). The solicitation was for the provision of construction management services related to the redevelopment of Block 2 of the parliamentary precinct. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is given that the Tribunal made a decision on December 11, 2023, to conduct an inquiry into the complaint.
St. Michaels alleges various irregularities in the procurement process, including that PWGSC improperly declared its bid non-responsive.
Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, December 11, 2023
CANADIAN INTERNATIONAL TRADE TRIBUNAL
INQUIRY
Laundering services
The Canadian International Trade Tribunal has received a complaint (File PR-2023-043) from Ashby Laundromat Ltd. (Ashby) of Sydney, Nova Scotia, concerning a procurement (Solicitation 30004841) made by the Department of Fisheries and Oceans (DFO). The solicitation was for the provision of laundry and dry-cleaning services. Pursuant to subsection 30.13(2) of the Canadian International Trade Tribunal Act and subsection 7(2) of the Canadian International Trade Tribunal Procurement Inquiry Regulations, notice is given that the Tribunal made a decision on December 11, 2023, to conduct an inquiry into the complaint.
Ashby alleges that the DFO improperly changed the terms of the solicitation after bid closing.
Further information may be obtained from the Registry, 613‑993‑3595 (telephone), citt-tcce@tribunal.gc.ca (email).
Ottawa, December 11, 2023
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
NOTICE TO INTERESTED PARTIES
The Commission posts on its website original, detailed decisions, notices of consultation, regulatory policies, information bulletins and orders as they come into force. In accordance with Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, these documents may be examined at the Commission’s office, as can be documents relating to a proceeding, including the notices and applications, which are posted on the Commission’s website, under “Public proceedings & hearings.”
The following documents are abridged versions of the Commission’s original documents.
CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION
| Decision number | Publication date | Applicant’s name | Undertaking | City | Province |
|---|---|---|---|---|---|
| 2023-407 | December 8, 2023 | AEBC Internet Corp. | Various terrestrial broadcasting distribution undertakings | Various locations in British Columbia and in Alberta | N.A. |
| 2023-408 | December 8, 2023 | Télévision communautaire Frontenac | Télévision communautaire Frontenac | Montréal | Quebec |
| 2023-410 | December 11, 2023 | Canadian Broadcasting Corporation | CKSB-5-FM | Winnipeg | Manitoba |
| 2023-411 | December 12, 2023 | Thunder Bay Electronics Limited | CHFD-DT and CKPR-DT | Thunder Bay | Ontario |
| 2023-413 | December 14, 2023 | Shaw Pay-Per-View Ltd. | Shaw Pay-Per-View | Edmonton | Alberta |
PARKS CANADA AGENCY
SPECIES AT RISK ACT
Description of critical habitat of Black-foam Lichen in Kejimkujik National Park and National Historic Site of Canada
The Black-foam Lichen (Anzia colpodes) is a leafy lichen that grows as greenish grey rosettes on the trunks of deciduous trees. This wildlife species is listed on Schedule 1 of the Species at Risk Act. In Canada, Black-foam Lichen is known historically from four provinces: Ontario, Quebec, New Brunswick and Nova Scotia. It is currently known to be extant in Nova Scotia and New Brunswick. This species occurs on sites dominated by mature deciduous trees with high humidity and moderate light.
The Recovery Strategy for the Black-foam Lichen (Anzia colpodes) in Canada 2023 identifies critical habitat for the species in a number of areas, including within Kejimkujik National Park and National Historic Site of Canada.
Notice is hereby given, pursuant to subsection 58(2) of the Species at Risk Act, that 90 days after the date of publication of this notice, subsection 58(1) of the Species at Risk Act will apply to the critical habitat of the Black-foam Lichen, identified in the Recovery Strategy for the species that is included in the Species at Risk Public Registry, and that is located within Kejimkujik National Park and National Historic Site of Canada, the boundaries of which are described in Schedule 1 of the Canada National Parks Act.
Jonathan Sheppard
Acting Field Unit Superintendent
Mainland Nova Scotia Field Unit