Forward Regulatory Plan 2023-2025: Global Affairs Canada
Proposed Regulatory Initiatives
- Updates to the Export Permit Regulations
- UN Regulations – Submission # 1
- UN Regulations – Submission # 2
- Bank for International Settlements (“BIS”) Privileges and Immunities Order
- The Climate Change and Security Centre of Excellence (“CCASCOE”) Privileges and Immunities Order (CCASCOE Regulatory Initiative)
- Order Amending General Import Permits 80 – Carbon Steel and 81 – Specialty Steel Products (Country of melt and pour) and Order Amending General Import Permit 83 – Aluminum Products (Country of smelt and cast)
Updates to the Export Permit Regulations
Enabling Act
Export and Import Permits Act (EIPA)
Description
The EIPA enables the Minister of Foreign Affairs to grant export permits to facilitate international trade. Export permits are governed by regulations, which are reviewed on an ongoing basis. The Export Permits Regulations (the Regulations) set out the information required in export permit applications for military, dual-use and strategic items as well as for certain forest products.
The proposed amendments to the Regulations would address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (Committee), and would modernize the Regulations. The Committee first drew attention to an inconsistency between the English and French versions of a single provision of the Regulations related to some information required of applicants seeking to export controlled goods. This amendment would bring the English and French versions of that provision into alignment. The Committee also stated that paragraph 3(1)(j) of the Regulations falls outside the scope of the Governor in Council’s authority under the Export and Import Permits Act. This amendment would address this concern by including a complete list of the different types of documents that may be requested to assist in the evaluation of permit applications.
Potential impacts on Canadians, including businesses
The updates related to the Committee’s observations and the modernization amendments are of an administrative nature, and are therefore not expected to have an important impact on Canadians, including Canadian businesses.
Consultations
These updates were pre-published in summer 2022.
Further information
A pre-published version of the proposed regulatory amendments to the Export Permit Regulations can be found at: https://www.gazette.gc.ca/rp-pr/p1/2022/2022-06-18/html/reg3-eng.html
Departmental contact information
Beatrix Picard
Senior Policy Analyst
Export Controls Policy Division
Beatrix.Picard@international.gc.ca
UN Regulations – Submission # 1
Enabling act(s)
United Nations Act
Description
Canada's United Nations Act (UNA) enables the Canadian government to give effect to decisions passed by the United Nations Security Council (UNSC). If the UNSC determines that an act of aggression or a breach of peace has occurred, it may decide which measures member states shall take to restore or maintain international peace and security. These measures are generally economic and trade sanctions. Such a decision imposes a legal obligation on Canada as a UN member to introduce the required measures into domestic law. This is done by enacting regulations under the United Nations Act.
This package addresses regulatory amendments flowing from recent UNSC resolutions, including both UNSC 2664 (concerning humanitarian exceptions to Asset Freeze Measures Imposed by United Nations Sanctions Regimes) and various geographic updates.
Potential impacts on Canadians, including businesses
No impacts on Canadians or small businesses are expected as a result of this regulatory amendment.
Departmental contact information
Derek Zeisman
Senior Legal Officer (Economic Law & Sanctions)
Telephone: 613-532-8543
Email: Derek.Zeisman@international.gc.ca
UN Regulations – Submission # 2
Enabling act(s)
United Nations Act
Description
Canada's United Nations Act (UNA) enables the Canadian government to give effect to decisions passed by the United Nations Security Council (UNSC). If the UNSC determines that an act of aggression or a breach of peace has occurred, it may decide which measures member states shall take to restore or maintain international peace and security. These measures are generally economic and trade sanctions. Such a decision imposes a legal obligation on Canada as a UN member to introduce the required measures into domestic law. This is done by enacting regulations under the United Nations Act.
This package addresses more general, cross-cutting items pertaining to uniformity of language, etc, and additional revisions recommended by the Standing Joint Committee for the Scrutiny of Regulations.
Potential impacts on Canadians, including businesses
No impacts on Canadians or small businesses are expected as a result of this regulatory amendment.
Departmental contact information
Derek Zeisman
Senior Legal Officer (Economic Law & Sanctions)
Telephone: 613-532-8543
Email: Derek.Zeisman@international.gc.ca
Bank for International Settlements (“BIS”) Privileges and Immunities Order
Enabling act
Foreign Missions and International Organizations Act
Description
The Bank for International Settlements (“BIS”) plans on opening an Innovation Hub in Toronto after the city won a bid in 2020, which was supported by the Minister of Finance. The Innovation Hub will require a Foreign Missions and International Organizations Act (FMIOA) Order providing privileges and immunities for its employees, who will receive quasi-diplomatic status.
Toronto’s Innovation Hub will examine new and innovative ways of addressing green finance, digital currencies and other innovations in financial services. One of its expected focus areas will be improving cyber security of financial market infrastructure to resist quantum computer attacks. Another will be developing standards for green finance, to support the transition to a more sustainable global economy. In so doing, it will promote Canada’s reputation as a leader in FinTech.
There are currently Innovation Hubs in Hong Kong, London, Stockholm, Singapore and Switzerland.
Potential impacts on Canadians, including businesses
The Innovation Hub will support the Government of Canada’s priority to strengthen the digital economy by disseminating research and developing technologies that can benefit the financial system. It will generate partnerships with Canada’s FinTech community.
Regulatory cooperation efforts (domestic and international)
The privileges and immunities to be provided to BIS under an Agreement will correspond with privileges and immunities set out in the Convention on the Privileges and Immunities of the United Nations incorporated under the FMIOA. Any agreement concluded with BIS will also be similar to those in place with other international organizations headquartered in Canada and will not contain any notable departures.
Departmental contact information
James Johnson
Senior Legal Officer
Criminal, Security and Diplomatic Law
James.Johnson@international.gc.ca
The Climate Change and Security Centre of Excellence (“CCASCOE”) Privileges and Immunities Order (CCASCOE Regulatory Initiative)
Enabling act
Privileges and Immunities (North Atlantic Treaty Organisation) Act, R.S.C., 1985, c. P-24 (Act)
Description
Canada plans on hosting the NATO Climate Change and Security Centre of Excellence (“CCASCOE”), an international military organization established under the North Atlantic Council, in Montreal. This initiative is supported by the Ministers of Defence and Foreign Affairs. NATO has identified climate change as a defining challenge of our time, with a profound impact on Allied security. The CCASCOE will focus on increasing awareness of the impact of climate change on security, adapting to climate change, contributing to the mitigation of climate change, and enhancing NATO’s outreach on the impact of climate change on security.
An Order under the Act will be required for Canada to host the CCASCOE in Canada. The Order will give effect, as appropriate, to obligations under the Paris Protocol and provide the CCASCOE with legal status in Canada as well as privileges and immunities for the organization and its international personnel.
Potential impacts on Canadians, including businesses
The CCASCOE will support the Government of Canada’s priorities of strengthening its relationship with NATO and addressing climate change. This includes mitigation through increased use of green technologies, which will generate opportunities for Canada’s Green Tech community.
Regulatory cooperation efforts (domestic and international)
Global Affairs Canada is in contact with the Government of Quebec and will work with them to help organise an arrangement between the Government of Quebec and the CCASCOE so that necessary and appropriate privileges and immunities and administrative benefits – aligned with those which the Government of Canada will offer to the CCASCOE - may be offered by Quebec to the CCASCOE and to its eligible international staff. This process will require regulatory actions on the part of the Government of Quebec.
Further information
- Protocol on the Status of International Military Headquarters set up pursuant to the North Atlantic Treaty (Paris Protocol)
- NATO Climate Change and Security Centre of Excellence (CCASCOE website)
- NATO Centers of Excellence (COEs) (NATO website)
Departmental contact information
Sara Rose-Carswell
Senior Officer, Climate and Security, Security and Defence Relations (IGR)
Telephone: 613-790-8167
Email: sara.rose-carswell@international.gc.ca
Order Amending General Import Permits 80 – Carbon Steel and 81 – Specialty Steel Products (Country of melt and pour) and Order Amending General Import Permit 83 – Aluminum Products (Country of smelt and cast)
Enabling act
Export and Import Permits Act (EIPA)
Description
The proposed amendments will introduce a requirement for importers of goods subject to the Steel and Aluminum Import Monitoring Programs to provide information on country of melt and pour (steel) or country of smelt and cast (aluminum) to the government. The information collected will help ensure greater transparency on the origins of steel and aluminum products entering Canada.
Potential impacts on Canadians, including businesses
As a result of the regulatory changes, importers of steel and aluminum products into Canada will be required to comply with additional reporting requirements.
Consultations
Consultations with stakeholders on country of melt and pour for steel products were held in 2022.
Departmental contact information
Anh Nguyen
Deputy Director
Non-Supply Managed Trade Controls Division – Global Affairs Canada
Anh.nguyen@international.gc.ca
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