Red Tape Reduction Act (S.C. 2015, c. 12)

AMENDMENTS NOT IN FORCE

• — 2018, c. 12, s. 257

  • • 257 (1) The first paragraph of the French version of the preamble to the Red Tape Reduction Act is replaced by the following:

      que les Canadiens et les petites entreprises ont exprimé des préoccupations devant l’incidence de l’augmentation du fardeau administratif imposé par règlement sur le coût des affaires;

    • (2) The second paragraph of the preamble to the Act is replaced by the following:

      Whereas on April 1, 2012 the Government of Canada established a rule that each increase in the administrative burden that is imposed by regulations on businesses must be offset with a corresponding decrease, one-for-one, and considers that it is desirable to establish that rule in legislation;

      Whereas the one-for-one rule should take into account regulatory cooperation between the Government of Canada and other jurisdictions;

• — 2018, c. 12, s. 258

  • • 258 (1) The definition administrative burden in section 2 of the Act is replaced by the following:

      administrative burden

      administrative burden means anything that is necessary to demonstrate compliance with a regulation or a regulatory instrument, including the collecting, processing, reporting and retaining of information and the completing of forms. (fardeau administratif)

    • (2) Section 2 of the Act is amended by adding the following in alphabetical order:

      other jurisdiction

      other jurisdiction means

      • (a) a province;

      • (b) a municipality in Canada or a municipal or other public body performing a function of government in Canada;

      • (c) a foreign state or a subdivision of a foreign state; and

      • (d) an international organization, or association, of states. (autre autorité)

      regulatory instrument

      regulatory instrument means an instrument that is issued, made or established in the exercise of a legislative power conferred under the legislation of any other jurisdiction. (texte réglementaire)

• — 2018, c. 12, s. 259

  • 259 Section 4 of the French version of the Act is replaced by the following:

    • Objet

      4 La présente loi a pour objet de limiter le fardeau administratif que les règlements imposent aux entreprises.

• — 2018, c. 12, s. 260

  • 260 Subsection 5(1) of the English version of the Act is replaced by the following:

    • Control of administrative burden

      • 5 (1) If a regulation is made that imposes a new administrative burden on a business, one or more regulations must be amended or repealed to offset the cost of that new burden against the cost of an existing administrative burden imposed by a regulation on a business.

• — 2018, c. 12, s. 261

  • 261 The Act is amended by adding the following after section 5:

    • Offset — regulatory cooperation

      5.1 Despite subsection 5(1), the cost of all or a portion, as the case may be, of a new administrative burden imposed by a regulation on a business may, with the approval of the Treasury Board, be offset against the cost of all or a portion, as the case may be, of an existing administrative burden imposed by a regulatory instrument on a business if

      • (a) the administrative burden imposed by the regulatory instrument is reduced or eliminated as a result of the making, amendment or repeal of the regulatory instrument; and

      • (b) that making, amendment or repeal takes place after the coming into force of this section and is the result of an agreement — between the Government of Canada or any of its institutions and the other jurisdiction that made, amended or repealed the regulatory instrument — relating to the promotion of cooperation in the design, monitoring, enforcement or review of regulations and that other jurisdiction’s regulatory instruments.

• — 2018, c. 12, s. 262

  • 262 Sections 6 and 7 of the Act are replaced by the following:

    • Policies and directives

      6 The President of the Treasury Board may establish policies or issue directives respecting the manner in which sections 5 and 5.1 are to be applied.

    • Regulations

      7 The Governor in Council may make regulations respecting

      • (a) the manner of calculating, for the purpose of section 5 or 5.1, the cost of an administrative burden;

      • (b) the periods within which measures must be taken to comply with section 5;

      • (c) the periods within which the cost of all or a portion of a new administrative burden imposed by a regulation may be offset under section 5.1;

      • (d) the taking into account of regulations that are amended or repealed — or regulatory instruments that are made, amended or repealed — before a new administrative burden is imposed by a regulation;

      • (e) the application of section 5 to any regulation made, amended or repealed on or after April 1, 2012;

      • (f) the application of section 5.1 to any regulation made or amended before the day on which that section comes into force; and

      • (g) the regulations that the Treasury Board may exempt from the application of section 5 and the categories for which, and the circumstances in which, such an exemption may be granted.

• — 2018, c. 12, s. 263

  • 263 Section 9 of the Act is replaced by the following:

    • Report — application of sections 5 and 5.1

      9 The President of the Treasury Board must prepare and make public each year a report on the application of sections 5 and 5.1 during the 12-month period ending on March 31 of the year in which the report is to be made public.