Inside Regulatory Affairs - January 2023

We take this opportunity to express our appreciation to the various stakeholders who recently contributed to our consultations on regulatory cooperation (spring/summer 2022) and on the Competitiveness Assessment Tool (summer 2022) using our pilot online engagement platform Let’s Talk Federal Regulations. A summary of these consultations will be made available shortly. We also would like to thank the various federal regulators who supported us in the context of these consultations.

This ninth edition of our newsletter provides updates on a range of regulatory initiatives and highlights additional opportunities for stakeholders to provide input on different regulatory initiatives that aim to strengthen our regulatory system. We look forward to your ongoing collaboration and support to help us ensure that Canada’s federal regulatory system remains relevant to the needs of all Canadians.

Updates on Regulatory Initiatives

It is now easier to share and see comments on proposed federal regulations

On September 27, 2022, TBS and Public Services and Procurement Canada launched a new online commenting feature for the Canada Gazette, Part I. This feature allows stakeholders to review proposed regulations and submit comments directly on the Canada Gazette. It also ensures that stakeholders’ comments are publicly available, thereby increasing the transparency and accountability of Canada’s regulatory system.  

For more information, please refer to this news release.  

Launch of the renewed External Advisory Committee on Regulatory Competitiveness

On October 3, 2022, the President of Treasury Board announced the launch of the renewed External Advisory Committee on Regulatory Competitiveness (EACRC). The renewed EACRC is mandated to advise the President of the Treasury Board on promoting and advancing regulatory excellence and supporting Canada’s regulatory modernization. For more information about the EACRC and its Terms of Reference, visit the EACRC page. 

Publishing of the Annual Report on Federal Regulatory Management Initiatives

On December 22, 2022, the President of the Treasury Board published the 2021-2022 Annual Report on Federal Regulatory Management Initiatives.

This report provides statistics on the benefits and costs of federal regulations, the one-for-one rule, and the Administrative Burden Baseline. It also includes information on regulatory modernization initiatives that encourage competitiveness, agility and innovation in the regulatory system.  

If you would like to know more about items included in the report or if you have thoughts on ways that we could improve future annual reports, please email us at [[1]].

Publishing the review of the Red Tape Reduction Act

On December 22, 2022, the review of the Red Tape Reduction Act was published.  

The review found that while the one-for-one rule is working, administrative burden and other costs can be further reduced by promoting a broad examination of regulations. The review highlighted stakeholder views on the scope of the rule and future policy areas to explore. This includes addressing regulatory burden on individuals and organizations, not just on businesses. A summary of the  review and its findings are available in this report.

Updated Canada–European Union Regulatory Cooperation Forum Work Plan

On January 3, 2023, the latest Canada-European Union Regulatory Cooperation Forum Work Plan was published. The Canada-EU Regulatory Cooperation Forum (RCF) is a multilateral mechanism that seeks to improve efficiency and competitiveness in the regulatory system by sharing information and reducing unnecessary regulatory differences. The Work Plan is updated on an ongoing basis as regulatory cooperation opportunities arise and following each RCF meeting.

Information on the Let’s Talk Federal Regulations Consultations

Thank you for your input on the Competitiveness Assessment Tool

Thank you to everyone who contributed input to the Competitiveness Assessment Tool consultation, which closed on September 30, 2022. We received a variety of suggestions that were brought to the inter-departmental working group and are being considered as the tool is refined before it is piloted.  

We will provide more updates as this initiative continues to move forward.  

Have your say on Canada’s Blue Economy Regulatory Review  

On December 14, 2022, The Department of Fisheries and Oceans Canada announced the launch of the Blue Economy Regulatory Review as part of the third round of the TBS’s Targeted Regulatory Reviews.   

Input from ocean industry stakeholders, Indigenous peoples, various levels of government and organizations or individuals interested in regulatory issues related to the Blue Economy, is being sought through the Blue Economy Regulatory Review project using the online engagement platform being piloted by TBS, Let's Talk Federal Regulations. The consultation focuses on five key themes that stem from stakeholder input on the Blue Economy Strategy to date, seeking additional input in these areas to support effective and targeted action. The themes, guiding questions, and instructions for submissions are found on the project page. Comments are sought by March 17, 2023.   

Upcoming Annual Regulatory Modernization Bill consultation

In the upcoming time period, TBS plans to launch consultations to solicit comments for a future Annual Regulatory Modernization Bill (ARMB) using the Let’s Talk Federal Regulations platform. The ARMB is designed to regularly address overly complicated, inconsistent or outdated federal requirements, as identified by businesses, Canadians and government bodies.  

The second ARMB, Bill S-6, An Act respecting regulatory modernization, was introduced in Parliament on March 31, 2022, and is currently at second reading in the House of Commons. Bill S-6 proposes to make 45 amendments to 28 pieces of legislation.  

Keep an eye out for the upcoming ARMB consultation that will be seeking your input on additional ways to improve the agility and responsiveness of the regulatory system.  

Supply Chains Regulatory Review announcement

On November 3, 2022, the federal government announced through its Fall Economic Statement the launch of a Supply Chains Regulatory Review. The Supply Chains Regulatory Review will explore opportunities to support stronger and more resilient supply chains through the regulatory framework.

TBS will lead the Review, working in partnership with departments and agencies to identify changes to regulations and regulatory practices to address stakeholder concerns, and respond to emerging supply chain opportunities and challenges.   

Updates on the Supply Chains Regulatory Review, including future consultation opportunities, will be shared through this newsletter and other avenues. This review is part of the third round of Regulatory Reviews.

Centre for Regulatory Innovation: Regulatory Experimentation Expense Fund

The Centre for Regulatory Innovation works with federal regulators to help them test new regulatory approaches, including the use of regulatory sandboxes, so that new and innovative products can be safely brought to market. TBS administers the Regulatory Experiment Expense Fund making up to $1.4 million available to regulators to test new ways of regulating.  

TBS is currently looking to identify experimentation projects with regulators starting after April 1, 2023. To learn more about the fund and past projects, visit the following GCWiki page.