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

Full Document:  

Assented to 2015-04-23

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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

SUMMARY

This enactment enacts the Red Tape Reduction Act, which establishes controls on the amount of 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

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

INTERPRETATION

Marginal note:Definitions

2. 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.

“business”

« entreprise »

“business” means a person or entity that engages in commercial activities in Canada, other than for a public purpose.

“regulation”

« règlement »

“regulation” means an instrument that is registered as a regulation under section 6 of the Statutory Instruments Act.

APPLICATION

Marginal note:Application

3. 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

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

RULE

Marginal note: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 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

6. 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

7. 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

  • 8. (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

9. 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

10. 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

11. 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.

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