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

Act current to 2018-07-05

Red Tape Reduction Act

S.C. 2015, c. 12

Assented to 2015-04-23

An Act to control the administrative burden that regulations impose on businesses

Preamble

Whereas 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 Title

Marginal note:Short title

 This Act may be cited as the Red Tape Reduction Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

administrative burden

fardeau administratif

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

entreprise

business means a person or entity that engages in commercial activities in Canada, other than for a public purpose. (entreprise)

regulation

règlement

regulation means an instrument that is registered as a regulation under section 6 of the Statutory Instruments Act. (règlement)

Application

Marginal note:Application

 This Act applies to regulations made by or with the approval of the Governor in Council, the Treasury Board or a minister of the Crown.

Purpose

Marginal note:Purpose

 The purpose of this Act is to control the administrative burden that regulations impose on businesses.

Rule

Marginal note:Control of administrative burden
  •  (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a regulation is made that imposes a new administrative burden on a business, one or more regulations must be amended or repealed to offset the cost of that new burden against the cost of an existing administrative burden on a business.

  • Marginal note:Repeal of regulation

    (2) If 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).

Marginal note:Policies and directives

 The President of the Treasury Board may establish policies or issue directives respecting the manner in which section 5 is to be applied.

Marginal note:Regulations

 The Governor in Council may, for the purpose of section 5, make regulations respecting

  • (a) the manner of calculating the cost of an administrative burden;

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

  • (c) the taking into account of regulations that are amended or repealed before a new administrative burden is imposed;

  • (d) the application of that section to any regulation made, amended or repealed on or after April 1, 2012; and

  • (e) the 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.

General

Marginal note:Immunity
  •  (1) No 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.

  • Marginal note:Validity of regulations

    (2) No regulation is invalid by reason only of a failure to comply with this Act.

Annual Report

Marginal note:Report  — application of section 5

 The 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.

Marginal note:Regulations

 The Governor in Council may make regulations respecting the information to be included in the report and respecting the report’s form.

Review of Act

Marginal note:Five-year review

 Five 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. 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.

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