C-2124162-63-64Elizabeth II2013-2014-2015An Act to control the administrative burden that regulations impose on businessesRed Tape Reduction ActRed Tape Reduction20196
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R-4.512201590720PreambleWhereas Canadians and small businesses have expressed concerns about how the increased administrative burden imposed by regulations has affected the cost of doing business;Whereas on April 1, 2012 the Government of Canada established a rule that each increase in the administrative burden 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 must not compromise public health, public safety or the Canadian economy;And whereas the Government of Canada recognizes the importance of being transparent with regard to the implementation of the one-for-one rule;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Red Tape Reduction Act.InterpretationDefinitionsThe following definitions apply in this Act.administrative burden means anything that is necessary to demonstrate compliance with a regulation, including the collecting, processing, reporting and retaining of information and the completing of forms. (fardeau administratif)business means a person or entity that engages in commercial activities in Canada, other than for a public purpose. (entreprise)regulation means an instrument that is registered as a regulation under section 6 of the Statutory Instruments Act. (règlement)ApplicationApplicationThis Act applies to regulations made by or with the approval of the Governor in Council, the Treasury Board or a minister of the Crown.PurposePurposeThe purpose of this Act is to control the administrative burden that regulations impose on businesses.RuleControl of administrative burdenIf a regulation is made that imposes a new administrative burden on a business, one or more regulations must be amended or repealed to offset the cost of that new burden against the cost of an existing administrative burden on a business.Repeal of regulationIf a regulation is made — other than one that only amends a regulation — that imposes a new administrative burden on a business, a regulation must be repealed, unless one has already been repealed in accordance with subsection (1).Policies and directivesThe President of the Treasury Board may establish policies or issue directives respecting the manner in which section 5 is to be applied.RegulationsThe Governor in Council may, for the purpose of section 5, make regulations respectingthe manner of calculating the cost of an administrative burden;the period within which measures must be taken to comply with that section;the taking into account of regulations that are amended or repealed before a new administrative burden is imposed;the application of that section to any regulation made, amended or repealed on or after April 1, 2012; andthe regulations that the Treasury Board may exempt from the application of that section and the categories for which, and the circumstances in which, such an exemption may be granted.GeneralImmunityNo action or other proceeding may be brought against Her Majesty in right of Canada for anything done or omitted to be done, or for anything purported to be done or omitted to be done, under this Act.Validity of regulationsNo regulation is invalid by reason only of a failure to comply with this Act.Annual ReportReport — application of section 5The President of the Treasury Board must prepare and make public each year a report on the application of section 5 during the 12-month period ending on March 31 of the year in which the report is to be made public.RegulationsThe Governor in Council may make regulations respecting the information to be included in the report and respecting the report’s form.Review of ActFive-year reviewFive years after the day on which this Act comes into force, the President of the Treasury Board must cause a review of this Act to be conducted.AMENDMENTS NOT IN FORCE
— 2018, c. 12, s. 257The 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;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. 258The definition administrative burden in section 2 of the Act is replaced by the following: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)Section 2 of the Act is amended by adding the following in alphabetical order:other jurisdiction meansa province;a municipality in Canada or a municipal or other public body performing a function of government in Canada;a foreign state or a subdivision of a foreign state; andan international organization, or association, of states. (autre autorité)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. 259Section 4 of the French version of the Act is replaced by the following:ObjetLa présente loi a pour objet de limiter le fardeau administratif que les règlements imposent aux entreprises.
— 2018, c. 12, s. 260Subsection 5(1) of the English version of the Act is replaced by the following:Control of administrative burdenIf 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. 261The Act is amended by adding the following after section 5:Offset — regulatory cooperationDespite 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 ifthe administrative burden imposed by the regulatory instrument is reduced or eliminated as a result of the making, amendment or repeal of the regulatory instrument; andthat 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. 262Sections 6 and 7 of the Act are replaced by the following:Policies and directivesThe 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.RegulationsThe Governor in Council may make regulations respectingthe manner of calculating, for the purpose of section 5 or 5.1, the cost of an administrative burden;the periods within which measures must be taken to comply with section 5;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;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;the application of section 5 to any regulation made, amended or repealed on or after April 1, 2012;the application of section 5.1 to any regulation made or amended before the day on which that section comes into force; andthe 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. 263Section 9 of the Act is replaced by the following:Report — application of sections 5 and 5.1The 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.