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The Treasury Board of Canada Secretariat launched the Supply Chain Regulatory Review consultation through the Let’s Talk Federal Regulations engagement platform on November 7, 2023. This consultation is part of the third round of the government’s Targeted Regulatory Reviews. The first two rounds led to the development of Roadmaps, or action plans, which have subsequently resulted in the implementation of more than 100 distinct regulatory modernization initiatives.[1] The deadline to submit suggestions on improvements related to supply chain matters, as discussed below, has been extended to February 5, 2024.
Supply chain resiliency is critical for a strong economy. As we continue our work to strengthen Canada’s supply chains, we know the best ideas and solutions come when we engage openly and broadly. This consultation will allow us to gather important feedback so we can take relevant, impactful action to ensure our supply chains across industries related to critical minerals, transportation, and border operations are resilient. As a result, these industries will better support our economic growth and access to goods and services.
– The Honourable Anita Anand, President of the Treasury Board [2]
Purpose of the Consultation and Participation
The purpose of the Supply Chain Regulatory Review is to examine how and where improvements can be made to regulatory practices or regulations in order to support resilient and efficient supply chains in Canada in the wake of COVID-19. Organizations or individuals who have been impacted by supply chain issues, particularly as they relate to border operations, critical minerals, and transportation are invited to provide their input. Through this Review, the Government has indicated that it will develop a Regulatory Roadmap that outlines initiatives that aim to improve the federal regulatory system, while also providing better support for innovation and economic growth.[3] Further details and information of how your suggestions can be submitted can be found here: Supply Chain Regulatory Review.
Regulatory Topics at the Heart of the Consultation
The Supply Chain Regulatory Review is seeking input from individuals and organizations on regulatory issues relating to the following: [4]
1. Transportation
Over the last few years, transportation and logistics service providers, shippers, producers, importers, manufacturers and retailers, among others, have been forced to deal with a number of issues impacting the global supply chain, including COVID-19, conflicts abroad, and the adverse impacts of climate change. These issues have each led to disruptions in our transportation system, often resulting in a rising cost of living, supply shortages, and higher priced goods. In light of these difficulties, the Government has recognized that ensuring a well-functioning transportation system which secures supply chains and enables global trade is critical to almost all sectors of the economy. The Government has indicated that the Supply Chain Regulatory Review ultimately aims to create a transportation and logistics supply chain system that is efficient, fluid, and resilient.
2. Border operations
Ensuring that Canada has well ordered, resilient, and modern border processes is essential to maintaining an efficient trade and transportation system. Such a system, if properly regulated, can secure the supply of goods required for the long-term economic sustainability of various industries, while also positively impacting the daily life of Canadians. Various events, including major supply-and-demand shifts and a changing logistics landscape, can place significant pressures on the supply chain, creating an ongoing and rapidly evolving border environment. The Government has indicated that the aim of the consultation is to support modern and efficient processes that ensure the smooth transition of goods and commodities in Canada and across the border.
3. Critical minerals
Canada is well-positioned to become a reliable and secure supplier of critical minerals for domestic and global supply chains with the proper regulatory framework. In order for Canada to realize this potential, however, the necessary conditions must be created to remain globally competitive and attract investment to scale-up production domestically. Efficient and effective regulatory regimes are essential to support critical minerals supply chains.
4. Other areas of concern
While the consultation is mainly focused on the above-noted topics, the Government has indicated that it is open to receiving comments and suggestions on other areas and issues related to the supply chain as well.
Should you have any questions regarding the consultation process or supply chain matters in Canada, please feel free to reach out to any member of Miller Thomson LLP’s Transportation & Logistics team.
[1] Government of Canada, “Regulatory Reviews progress update (Rounds 1 and 2),” (November 8, 2023), online: www.canada.ca/en/government/system/laws/developing-improving-federal-regulations/modernizing-regulations/targeted-regulatory-reviews/regulatory-reviews-progress-update-round-1-2.
[2] Treasury Board of Canada Secretariat, “Minister Anand invites stakeholders to provide input on federal regulations to strengthen Canada’s supply chains,” (November 7, 2023), online: .
[3] Let’s Talk Federal Regulations, “Supply Chain Regulatory Review” (December 18, 2023), online: .
[4] Ibid.
