Bill C-21: An Act to control the administrative burden that regulations impose on businesses

Second Session, Forty-first Parliament, 62-63-64 Elizabeth II, 2013-2014-2015 STATUTES OF CANADA 2015CHAPTER 12 An Act to control the administrative burden that regulations impose on businesses ASSENTED TO 23rd APRIL, 2015 BILL C-21 SUMMARY This enactment enacts the Red Tape Reduction Act, which establishes controls on the amount of administrative burden that regulations impose on businesses. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca TABLE OF PROVISIONSAN ACT TO CONTROL THE ADMINISTRATIVE BURDEN THAT REGULATIONS IMPOSE ON BUSINESSES PreambleSHORT TITLE 1.       Red Tape Reduction ActINTERPRETATION 2.       DefinitionsAPPLICATION 3.       ApplicationPURPOSE 4.       PurposeRULE 5.       Control of administrative burden 6.       Policies and directives 7.       RegulationsGENERAL 8.       ImmunityANNUAL REPORT 9.       Report — application of section 5 10.       RegulationsREVIEW OF ACT 11.       Five-year review 62-63-64 ELIZABETH II —————— CHAPTER 12 An Act to control the administrative burden that regulations impose on businesses [Assented to 23rd April, 2015] 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 Short title 1. This Act may be cited as the Red Tape Reduction Act. INTERPRETATION 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 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 Purpose 4. The purpose of this Act is to control the administrative burden that regulations impose on businesses. RULE 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. 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). 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. 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 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. Validity of regulations (2) No regulation is invalid by reason only of a failure to comply with this Act. ANNUAL REPORT 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. 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 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. Published under authority of the Speaker of the House of Commons