Red Tape Reduction Regulations (SOR/2015-202)

Definition of Act

1 In these Regulations, Act means the Red Tape Reduction Act.

Marginal note:Definitions

• 2 (1) The following definitions apply in this section.

  activity

  activity means any activity that is necessary to demonstrate compliance with a regulation. (activité)

  period

  period means an interval of time during which an activity is expected to be completed by a business in accordance with a regulation. (période)

• Marginal note:Total number of periods

  (2) For the purpose of this section, the total number of periods is determined by multiplying the number of times per year that the activity is expected to be completed by 10, which number is the number of years for which the calculation is being made.

• Marginal note:Calculation of administrative burden

  (3) For the purpose of section 5 of the Act, the cost of the administrative burden imposed by a regulation is the sum of the cost of each activity that is expected to be completed during the first 10 years after the regulation is registered and is calculated in accordance with the following formula:

  A × 0.142378 ÷ 1.07^{B - 2012}

  where

  A

  is the activity cost that is the sum of the cost for each activity for each period, and is calculated in accordance with the following formula:

  C × D × E ÷ 1.07^{F ÷ G}

  where

  C

  is the estimated hourly cost of labour, adjusted to 2012 price levels using the Consumer Price Index set out by Statistics Canada in CANSIM Table 326-0021, as amended from time to time, that is required in a period so that a business is able to complete the activity within that period;

  D

  is the estimated number of hours required in a period so that the business is able to complete the activity within that period;

  E

  is the estimated number of businesses that are required in a period to complete the activity within that period;

  F

  is the specific period, out of the total number of periods determined in accordance with subsection (2), for which the calculation is being made; and

  G

  is the number of times per year that the activity is required to be completed; and

  B

  is the year the regulation is registered.

Marginal note:24-month deadline

3 A regulation must be amended or repealed in accordance with section 5 of the Act within 24 months after the day on which a regulation that imposes a new administrative burden is registered.

Marginal note:Offset

• 4 (1) If a regulation has been amended or repealed before a regulation that imposes a new administrative burden is made and the prior repeal or amendment offsets the cost of the new administrative burden that is imposed, one or more regulations do not need to be amended or repealed in accordance with subsection 5(1) of the Act.

• Marginal note:Repealed regulation

  (2) If a regulation has been repealed before a new regulation that imposes an administrative burden is made, a regulation does not need to be repealed in accordance with subsection 5(2) of the Act.

Marginal note:Application of section 5 of Act

5 Section 5 of the Act applies to any regulation that is made, amended or repealed after March 31, 2012.

Marginal note:Exemptions

6 The Treasury Board may exempt a regulation from the application of section 5 of the Act

• (a) if the regulation is related to tax or tax administration;

• (b) if Her Majesty in right of Canada has no discretion regarding the requirements that must be included in the regulation due to international or legal obligations, including the imposition of international sanctions or the implementation of Supreme Court of Canada decisions; or

• (c) in emergency, unique or exceptional circumstances, including if compliance with that section would compromise public health, public safety or the Canadian economy.

Marginal note:Contents of annual report

7 The annual report referred to in section 9 of the Act must contain the following information:

• (a) a summary of the increases and decreases in the cost of administrative burden that results from regulatory changes that are made in accordance with section 5 of the Act within the 12-month period ending on March 31 of the year in which the report is made public; and

• (b) the number of regulations that are amended or repealed as a result of regulatory changes that are made in accordance with section 5 of the Act within that 12-month period.

Coming into Force

Marginal note:Registration

8 These Regulations come into force on the day on which they are registered.