Difference between revisions of "Annual Report on the Application of the One-for-One Rule: 2014-15"

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== Introduction ==
+
<blockquote style="background-color: yellow; border: solid thin grey;">
 +
'''<big>Archived information</big>'''
 +
 
 +
Information identified as archived is provided for reference, research or record-keeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.</blockquote>
 +
 
 +
==Introduction==
 
Regulation is a form of law and an important tool for protecting and advancing the health, safety and environment of Canadians, and for creating the conditions for an innovative and prosperous economy. Federal regulators work in a complex, changing environment, characterized by fast-paced science and technological advancement, increasing trade flows, and integrated supply chains. They must respond to high stakeholder and citizen expectations for openness and meaningful engagement on regulatory proposals, expectations for clear accountability and transparency, and for approaches to enforcement that incorporate a service orientation.
 
Regulation is a form of law and an important tool for protecting and advancing the health, safety and environment of Canadians, and for creating the conditions for an innovative and prosperous economy. Federal regulators work in a complex, changing environment, characterized by fast-paced science and technological advancement, increasing trade flows, and integrated supply chains. They must respond to high stakeholder and citizen expectations for openness and meaningful engagement on regulatory proposals, expectations for clear accountability and transparency, and for approaches to enforcement that incorporate a service orientation.
  
 
In keeping with the Government of Canada’s commitment to enhanced openness and accountability for results, and as required by the ''[http://laws.justice.gc.ca/eng/acts/R-4.5/ Red Tape Reduction Act]'', this annual report summarizes the application of the one-for-one rule to regulatory changes published in the ''Canada Gazette,'' Part II, during the period April 1, 2014, to March 31, 2015.
 
In keeping with the Government of Canada’s commitment to enhanced openness and accountability for results, and as required by the ''[http://laws.justice.gc.ca/eng/acts/R-4.5/ Red Tape Reduction Act]'', this annual report summarizes the application of the one-for-one rule to regulatory changes published in the ''Canada Gazette,'' Part II, during the period April 1, 2014, to March 31, 2015.
  
== The ''Red Tape Reduction Act'' ==
+
==The ''Red Tape Reduction Act''==
The ''Red Tape Reduction Act'' came into force in April 2015. The purpose of the Act is to control the growth of administrative burden on businesses from regulations through the application of the one-for-one rule. The one-for-one rule was first implemented through the ''[https://www.canada.ca/en/government/system/laws/developing-improving-federal-regulations/requirements-developing-managing-reviewing-regulations/guidelines-tools/cabinet-directive-regulatory-management.html Cabinet Directive on Regulatory Management]'' in April 2012 and is now prescribed in section 5 of the ''Red Tape Reduction Act''. The rule controls administrative burden in two ways:
+
The ''Red Tape Reduction Act'' came into force in April 2015. The purpose of the Act is to control the growth of administrative burden on businesses from regulations through the application of the one-for-one rule. The one-for-one rule was first implemented through the ''[[Cabinet Directive on Regulatory Management]]'' in April 2012 and is now prescribed in section 5 of the ''Red Tape Reduction Act''. The rule controls administrative burden in two ways:
  
# When a new or amended regulation increases the administrative burden on business, regulators are required to offset from their existing regulations an equal amount of administrative burden cost on business.
+
#When a new or amended regulation increases the administrative burden on business, regulators are required to offset from their existing regulations an equal amount of administrative burden cost on business.
# It requires regulators to remove an existing regulation within 24 months of introducing a new regulation that imposes new administrative burden on business.
+
#It requires regulators to remove an existing regulation within 24 months of introducing a new regulation that imposes new administrative burden on business.
  
 
Administrative burden describes the effort required to demonstrate compliance with a federal regulation. Under the ''Red Tape Reduction Act'', administrative burden is defined as “anything that is necessary to demonstrate compliance with a regulation, including the collecting, processing, reporting and retaining of information and the completing of forms.”
 
Administrative burden describes the effort required to demonstrate compliance with a federal regulation. Under the ''Red Tape Reduction Act'', administrative burden is defined as “anything that is necessary to demonstrate compliance with a regulation, including the collecting, processing, reporting and retaining of information and the completing of forms.”
Line 34: Line 28:
 
Section 9 of the ''Red Tape Reduction Act'' requires the President of the Treasury Board to prepare and make public an annual report on the application of the one-for-one rule. The ''Red Tape Reduction Regulations'', which became law in July 2015, state that the following must be included in the annual report:
 
Section 9 of the ''Red Tape Reduction Act'' requires the President of the Treasury Board to prepare and make public an annual report on the application of the one-for-one rule. The ''Red Tape Reduction Regulations'', which became law in July 2015, state that the following must be included in the annual report:
  
# a summary of the increases and decreases in the cost of administrative burden that results from regulatory changes that are made in accordance with section 5 of ''the Act'' within the 12-month period ending on March 31 of the year in which the report is made public; and
+
#a summary of the increases and decreases in the cost of administrative burden that results from regulatory changes that are made in accordance with section 5 of ''the Act'' within the 12-month period ending on March 31 of the year in which the report is made public; and
# the number of regulations that are amended or repealed as a result of regulatory changes that are made in accordance with section 5 of ''the Act'' within that 12-month period.
+
#the number of regulations that are amended or repealed as a result of regulatory changes that are made in accordance with section 5 of ''the Act'' within that 12-month period.
  
=== Application of the one-for-one rule ===
+
===Application of the one-for-one rule===
  
==== a) Summary of increases and decreases in the cost of administrative burden ====
+
==== a) Summary of increases and decreases in the cost of administrative burden====
 
In 2014–15, annual net administrative burden to business was reduced by approximately $2.7 million: 11 regulations increased burden by over $500,000 annually; 60 per cent of this resulted from three new regulatory titles, with the balance from other regulatory changes (e.g., amendments). This new administrative burden was offset by 13 regulations that provided burden relief of over $3.2 million. A detailed list of regulatory changes increasing or decreasing administrative burden on business under the one-for-one rule, as published in the ''Canada Gazette,'' Part II, in 2014–15, can be found in Table 1 in the Appendix.
 
In 2014–15, annual net administrative burden to business was reduced by approximately $2.7 million: 11 regulations increased burden by over $500,000 annually; 60 per cent of this resulted from three new regulatory titles, with the balance from other regulatory changes (e.g., amendments). This new administrative burden was offset by 13 regulations that provided burden relief of over $3.2 million. A detailed list of regulatory changes increasing or decreasing administrative burden on business under the one-for-one rule, as published in the ''Canada Gazette,'' Part II, in 2014–15, can be found in Table 1 in the Appendix.
  
==== b) Number of regulations amended or repealed in accordance with section 5 of the Act ====
+
====b) Number of regulations amended or repealed in accordance with section 5 of the Act====
 
In 2014–15, 10 regulations were amended that relieved administrative burden on business. In addition, one Order was made that also relieved administrative burden. These amendments and the Order are as follows:
 
In 2014–15, 10 regulations were amended that relieved administrative burden on business. In addition, one Order was made that also relieved administrative burden. These amendments and the Order are as follows:
  
* ''Regulations Amending the Seeds Regulations'' (variety regulations) (SOR/2014-114)
+
*''Regulations Amending the Seeds Regulations'' (variety regulations) (SOR/2014-114)
* ''Regulations Amending Certain Canadian Food Inspections Agency Regulations (Miscellaneous Program)'' (SOR/2015-55)
+
*''Regulations Amending Certain Canadian Food Inspections Agency Regulations (Miscellaneous Program)'' (SOR/2015-55)
* ''Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations'' (SOR/2014-207)
+
*''Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations'' (SOR/2014-207)
* ''Regulations Amending the Meat Inspection Regulations, 1990'' (SOR/2014-151)
+
*''Regulations Amending the Meat Inspection Regulations, 1990'' (SOR/2014-151)
* ''Regulations Amending the Canada Labour Standards Regulations'' (SOR/2014-305)
+
*''Regulations Amending the Canada Labour Standards Regulations'' (SOR/2014-305)
* ''Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations'' (SOR/2014-114)
+
*''Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations'' (SOR/2014-114)
* ''Regulations Amending the Schedule to the Defence Production Act'' (SOR/2014-126)
+
*''Regulations Amending the Schedule to the Defence Production Act'' (SOR/2014-126)
* ''Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)'' (SOR/2014-152)
+
*''Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)'' (SOR/2014-152)
* ''Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks)'' (SOR/2014-159)
+
*''Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks)'' (SOR/2014-159)
* ''Regulations Amending the Transportation of Dangerous Goods Regulations (Lithium Metal Batteries, ERAPs and Update to Schedules)'' (SOR/2014-306)
+
*''Regulations Amending the Transportation of Dangerous Goods Regulations (Lithium Metal Batteries, ERAPs and Update to Schedules)'' (SOR/2014-306)
* ''Order Declaring That the Reduction of Carbon Dioxide Emissions From Coal-Fired Generation of Electricity Regulations Do Not Apply in Nova Scotia'' (SOR/2014-265)
+
*''Order Declaring That the Reduction of Carbon Dioxide Emissions From Coal-Fired Generation of Electricity Regulations Do Not Apply in Nova Scotia'' (SOR/2014-265)
  
 
The following three regulations were repealed:
 
The following three regulations were repealed:
  
* the ''Federal Mobile PCB Treatment and Destruction Regulations'' (SOR/90-5)
+
*the ''Federal Mobile PCB Treatment and Destruction Regulations'' (SOR/90-5)
* the ''Human Pathogens Importation Regulations'' (SOR/94-558)
+
*the ''Human Pathogens Importation Regulations'' (SOR/94-558)
 
* the ''Laurentian Pilotage Authority District No. 3 Regulations'' (SOR/87-58)
 
* the ''Laurentian Pilotage Authority District No. 3 Regulations'' (SOR/87-58)
  
 
Also, five additional regulations were repealed and replaced by four new regulations:
 
Also, five additional regulations were repealed and replaced by four new regulations:
  
* the ''Northwest Territories and Nunavut Mining Regulations'' were repealed and replaced by the ''Northwest Territories Mining Regulations'' (SOR/2014-68)
+
*the ''Northwest Territories and Nunavut Mining Regulations'' were repealed and replaced by the ''Northwest Territories Mining Regulations'' (SOR/2014-68)
* the ''Ingredient Disclosure List'' and the ''Controlled Products Regulations'' were both repealed and replaced by the ''Hazardous Products Regulations'' (SOR/2015-17)
+
*the ''Ingredient Disclosure List'' and the ''Controlled Products Regulations'' were both repealed and replaced by the ''Hazardous Products Regulations'' (SOR/2015-17)
 
* the ''Regulations Respecting Applications for Permits for Disposal at Sea'' were repealed and replaced by the ''Disposal at Sea Permit Application Regulations'' (SOR/2014-177)
 
* the ''Regulations Respecting Applications for Permits for Disposal at Sea'' were repealed and replaced by the ''Disposal at Sea Permit Application Regulations'' (SOR/2014-177)
* the ''Railway Safety Management System Regulations'' were repealed and replaced by the ''Railway Safety Management System Regulations, 2015'' (SOR/2015-26)
+
*the ''Railway Safety Management System Regulations'' were repealed and replaced by the ''Railway Safety Management System Regulations, 2015'' (SOR/2015-26)
  
 
Further details on the above amendments and repeals are included in Tables 1 and 2 in the Appendix.
 
Further details on the above amendments and repeals are included in Tables 1 and 2 in the Appendix.
Line 74: Line 68:
 
In addition, 30 regulations were exempted from the one-for-one rule, the vast majority of which were non-discretionary obligations (e.g., imposing or amending economic measures on Ukraine, Russia, and South Sudan). A list of these regulations exempted from the one-for-one rule and published in the ''Canada Gazette,'' Part II, during 2014–15 can be found in Table 3 in the Appendix.
 
In addition, 30 regulations were exempted from the one-for-one rule, the vast majority of which were non-discretionary obligations (e.g., imposing or amending economic measures on Ukraine, Russia, and South Sudan). A list of these regulations exempted from the one-for-one rule and published in the ''Canada Gazette,'' Part II, during 2014–15 can be found in Table 3 in the Appendix.
  
== Conclusion ==
+
==Conclusion==
 
Openness and transparency contribute to robust regulatory governance. This annual report provides an overview of results achieved in 2014–15 on the application of the one-for-one rule as set out in the ''Red Tape Reduction Act''.
 
Openness and transparency contribute to robust regulatory governance. This annual report provides an overview of results achieved in 2014–15 on the application of the one-for-one rule as set out in the ''Red Tape Reduction Act''.
  
== Appendix ==
+
==Appendix==
  
=== Table 1: Final regulatory changes with administrative burden implications under the one-for-one rule published in the Canada Gazette, Part II, in 2014–15 ===
+
===Table 1: Final regulatory changes with administrative burden implications under the one-for-one rule published in the Canada Gazette, Part II, in 2014–15===
 
{| class="wikitable"
 
{| class="wikitable"
 
|+
 
|+
Line 97: Line 91:
 
|''[http://canadagazette.gc.ca/rp-pr/p2/2014/2014-06-04/html/sor-dors114-eng.php Regulations Amending the Seeds Regulations]'' (variety regulations)
 
|''[http://canadagazette.gc.ca/rp-pr/p2/2014/2014-06-04/html/sor-dors114-eng.php Regulations Amending the Seeds Regulations]'' (variety regulations)
 
|June 4, 2014
 
|June 4, 2014
| -
+
| -
 
|109,515
 
|109,515
 
|-
 
|-
Line 109: Line 103:
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2015/2015-03-11/html/sor-dors55-eng.php Regulations Amending Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program)]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2015/2015-03-11/html/sor-dors55-eng.php Regulations Amending Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program)]''
 
|March 11, 2015
 
|March 11, 2015
| -
+
| -
 
|0<ref>The Regulatory Impact Analysis Statement (RIAS) for this miscellaneous amendment reported that the one-for-one rule applies to the amendment to section 135.1 of the ''Health of Animals Regulations''. This removes a reporting requirement for industry that if triggered would impose associated administrative costs. As this requirement has never been triggered, it has never been reported on or enforced. Any associated administrative costs for industry to report are multiplied by zero occurrences per year, and therefore the RIAS net cost/relief was reported as $0.</ref>
 
|0<ref>The Regulatory Impact Analysis Statement (RIAS) for this miscellaneous amendment reported that the one-for-one rule applies to the amendment to section 135.1 of the ''Health of Animals Regulations''. This removes a reporting requirement for industry that if triggered would impose associated administrative costs. As this requirement has never been triggered, it has never been reported on or enforced. Any associated administrative costs for industry to report are multiplied by zero occurrences per year, and therefore the RIAS net cost/relief was reported as $0.</ref>
 
|-
 
|-
Line 120: Line 114:
 
|Environment Canada
 
|Environment Canada
 
|''[http://gazette.gc.ca/rp-pr/p2/2014/2014-08-13/html/sor-dors187-eng.php Order Amending Schedule 1 to the Canada National Parks Act]''
 
|''[http://gazette.gc.ca/rp-pr/p2/2014/2014-08-13/html/sor-dors187-eng.php Order Amending Schedule 1 to the Canada National Parks Act]''
|August 13, 2014
+
| August 13, 2014
 
|29
 
|29
 
| -
 
| -
Line 130: Line 124:
 
|59,190
 
|59,190
 
|-
 
|-
|Environment Canada
+
| Environment Canada
 
|''[http://gazette.gc.ca/rp-pr/p2/2014/2014-11-19/html/sor-dors254-eng.php Products Containing Mercury Regulations]''
 
|''[http://gazette.gc.ca/rp-pr/p2/2014/2014-11-19/html/sor-dors254-eng.php Products Containing Mercury Regulations]''
 
|November 19, 2014
 
|November 19, 2014
Line 144: Line 138:
 
|Environment Canada
 
|Environment Canada
 
|''[http://gazette.gc.ca/rp-pr/p2/2014/2014-12-17/html/sor-dors274-eng.php Order Amending Schedule 1 to the Species at Risk Act]''
 
|''[http://gazette.gc.ca/rp-pr/p2/2014/2014-12-17/html/sor-dors274-eng.php Order Amending Schedule 1 to the Species at Risk Act]''
|December 17, 2014
+
| December 17, 2014
 
|741
 
|741
 
| -
 
| -
Line 154: Line 148:
 
|55,538
 
|55,538
 
|-
 
|-
|Health Canada
+
| Health Canada
 
|''[http://gazette.gc.ca/rp-pr/p2/2015/2015-03-11/html/sor-dors44-eng.php Human Pathogens and Toxins Regulations]''
 
|''[http://gazette.gc.ca/rp-pr/p2/2015/2015-03-11/html/sor-dors44-eng.php Human Pathogens and Toxins Regulations]''
 
|March 11, 2015
 
|March 11, 2015
Line 172: Line 166:
 
|688,221
 
|688,221
 
|-
 
|-
|Public Works and Government Services Canada
+
| Public Works and Government Services Canada
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-06-04/html/sor-dors126-eng.php Regulations Amending the Schedule to the Defence Production Act]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-06-04/html/sor-dors126-eng.php Regulations Amending the Schedule to the Defence Production Act]''
 
|June 4, 2014
 
|June 4, 2014
Line 178: Line 172:
 
|710,047
 
|710,047
 
|-
 
|-
|Transport Canada
+
| Transport Canada
 
|''[http://canadagazette.gc.ca/rp-pr/p2/2014/2014-07-02/html/sor-dors152-eng.php Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)]''
 
|''[http://canadagazette.gc.ca/rp-pr/p2/2014/2014-07-02/html/sor-dors152-eng.php Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards)]''
|July 2, 2014
+
| July 2, 2014
 
| -
 
| -
 
|27,613
 
|27,613
Line 224: Line 218:
 
|December 31, 2014
 
|December 31, 2014
 
| -
 
| -
|2,920
+
| 2,920
 
|-
 
|-
 
|Transport Canada
 
|Transport Canada
Line 240: Line 234:
 
<references />
 
<references />
  
=== Table 2: New regulatory titles and repealed regulations in 2014–15 ===
+
===Table 2: New regulatory titles and repealed regulations in 2014–15===
  
==== New regulatory titles with administrative burden ====
+
====New regulatory titles with administrative burden====
 
{| class="wikitable"
 
{| class="wikitable"
 
|+
 
|+
Line 266: Line 260:
 
|}
 
|}
  
==== Repealed regulations ====
+
====Repealed regulations====
 
{| class="wikitable"
 
{| class="wikitable"
 
|+
 
|+
Line 290: Line 284:
 
|}
 
|}
  
==== New regulations that simultaneously repealed and replaced existing regulations<ref>There are some regulatory changes that result in the simultaneous introduction of new regulations and the elimination of one or more other regulatory titles (“repeal and replace”). When a new regulation repeals '''one title''', there is no net change in the number of regulations. However, if the new regulation repeals '''more than one title''', there is a net reduction. For instance, the ''Hazardous Products Regulations'' replaced two repealed regulations, resulting in a net reduction of one regulation.</ref> ====
+
====New regulations that simultaneously repealed and replaced existing regulations<ref>There are some regulatory changes that result in the simultaneous introduction of new regulations and the elimination of one or more other regulatory titles (“repeal and replace”). When a new regulation repeals '''one title''', there is no net change in the number of regulations. However, if the new regulation repeals '''more than one title''', there is a net reduction. For instance, the ''Hazardous Products Regulations'' replaced two repealed regulations, resulting in a net reduction of one regulation.</ref>====
 
{| class="wikitable"
 
{| class="wikitable"
!Portfolio
+
! Portfolio
 
!Regulation
 
!Regulation
 
!Net Impact on Regulatory Stock
 
!Net Impact on Regulatory Stock
Line 308: Line 302:
 
|1
 
|1
 
|-
 
|-
|Transport Canada
+
| Transport Canada
 
|The ''[http://gazette.gc.ca/rp-pr/p2/2015/2015-02-25/html/sor-dors26-eng.php Railway Safety Management System Regulations], 2015'' replace the ''Railway Safety Management System Regulations'' (SOR 2001-37).
 
|The ''[http://gazette.gc.ca/rp-pr/p2/2015/2015-02-25/html/sor-dors26-eng.php Railway Safety Management System Regulations], 2015'' replace the ''Railway Safety Management System Regulations'' (SOR 2001-37).
 
|0
 
|0
Line 318: Line 312:
 
<references />
 
<references />
  
=== Table 3: Regulatory changes exempted from the one-for-one rule and published in the Canada Gazette, Part II, in 2014–15 ===
+
===Table 3: Regulatory changes exempted from the one-for-one rule and published in the Canada Gazette, Part II, in 2014–15===
 
{| class="wikitable"
 
{| class="wikitable"
 
|+
 
|+
Line 327: Line 321:
 
!Exemption Type
 
!Exemption Type
 
|-
 
|-
|Foreign Affairs, Trade and Development Canada
+
| Foreign Affairs, Trade and Development Canada
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-04-09/html/sor-dors58-eng.php Special Economic Measures (Russia) Regulations]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-04-09/html/sor-dors58-eng.php Special Economic Measures (Russia) Regulations]''
 
|April 9, 2014
 
|April 9, 2014
Line 347: Line 341:
 
|Foreign Affairs, Trade and Development Canada
 
|Foreign Affairs, Trade and Development Canada
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-04-09/html/sor-dors61-eng.php Special Economic Measures (Ukraine) Permit Authorization Order]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-04-09/html/sor-dors61-eng.php Special Economic Measures (Ukraine) Permit Authorization Order]''
|April 9, 2014
+
| April 9, 2014
 
|New regulation
 
|New regulation
 
|Non-discretionary obligations
 
|Non-discretionary obligations
Line 359: Line 353:
 
|Foreign Affairs, Trade and Development Canada
 
|Foreign Affairs, Trade and Development Canada
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-04-09/html/sor-dors63-eng.php Regulations Amending the Special Economic Measures (Ukraine) Regulations]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-04-09/html/sor-dors63-eng.php Regulations Amending the Special Economic Measures (Ukraine) Regulations]''
|April 9, 2014
+
| April 9, 2014
 
|Regulatory amendment
 
|Regulatory amendment
 
|Non-discretionary obligations
 
|Non-discretionary obligations
Line 389: Line 383:
 
|Foreign Affairs, Trade and Development Canada
 
|Foreign Affairs, Trade and Development Canada
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-05-21/html/sor-dors108-eng.php Regulations Amending the Special Economic Measures (Russia) Regulations]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-05-21/html/sor-dors108-eng.php Regulations Amending the Special Economic Measures (Russia) Regulations]''
|May 21, 2014
+
| May 21, 2014
 
|Regulatory amendment
 
|Regulatory amendment
 
|Non-discretionary obligations
 
|Non-discretionary obligations
Line 407: Line 401:
 
|Foreign Affairs, Trade and Development Canada
 
|Foreign Affairs, Trade and Development Canada
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-07-02/html/sor-dors171-eng.php Regulations Amending the Special Economic Measures (Russia) Regulations]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-07-02/html/sor-dors171-eng.php Regulations Amending the Special Economic Measures (Russia) Regulations]''
|July 2, 2014
+
| July 2, 2014
 
|Regulatory amendment
 
|Regulatory amendment
 
|Non-discretionary obligations
 
|Non-discretionary obligations
Line 461: Line 455:
 
|Foreign Affairs, Trade and Development Canada
 
|Foreign Affairs, Trade and Development Canada
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-11-05/html/sor-dors235-eng.php Special Economic Measures (South Sudan) Regulations]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2014/2014-11-05/html/sor-dors235-eng.php Special Economic Measures (South Sudan) Regulations]''
|November 5, 2014
+
| November 5, 2014
 
|New regulation
 
|New regulation
 
|Non-discretionary obligations
 
|Non-discretionary obligations
Line 485: Line 479:
 
|Foreign Affairs, Trade and Development Canada
 
|Foreign Affairs, Trade and Development Canada
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2015/2015-03-11/html/sor-dors39-eng.php Regulations Amending the Special Economic Measures (Russia) Regulations]''
 
|''[http://www.gazette.gc.ca/rp-pr/p2/2015/2015-03-11/html/sor-dors39-eng.php Regulations Amending the Special Economic Measures (Russia) Regulations]''
|March 11, 2015
+
| March 11, 2015
 
|Regulatory amendment
 
|Regulatory amendment
 
|Non-discretionary obligations
 
|Non-discretionary obligations

Latest revision as of 17:55, 17 August 2021

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Archived information

Information identified as archived is provided for reference, research or record-keeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Introduction

Regulation is a form of law and an important tool for protecting and advancing the health, safety and environment of Canadians, and for creating the conditions for an innovative and prosperous economy. Federal regulators work in a complex, changing environment, characterized by fast-paced science and technological advancement, increasing trade flows, and integrated supply chains. They must respond to high stakeholder and citizen expectations for openness and meaningful engagement on regulatory proposals, expectations for clear accountability and transparency, and for approaches to enforcement that incorporate a service orientation.

In keeping with the Government of Canada’s commitment to enhanced openness and accountability for results, and as required by the Red Tape Reduction Act, this annual report summarizes the application of the one-for-one rule to regulatory changes published in the Canada Gazette, Part II, during the period April 1, 2014, to March 31, 2015.

The Red Tape Reduction Act

The Red Tape Reduction Act came into force in April 2015. The purpose of the Act is to control the growth of administrative burden on businesses from regulations through the application of the one-for-one rule. The one-for-one rule was first implemented through the Cabinet Directive on Regulatory Management in April 2012 and is now prescribed in section 5 of the Red Tape Reduction Act. The rule controls administrative burden in two ways:

  1. When a new or amended regulation increases the administrative burden on business, regulators are required to offset from their existing regulations an equal amount of administrative burden cost on business.
  2. It requires regulators to remove an existing regulation within 24 months of introducing a new regulation that imposes new administrative burden on business.

Administrative burden describes the effort required to demonstrate compliance with a federal regulation. Under the Red Tape Reduction Act, administrative burden is defined as “anything that is necessary to demonstrate compliance with a regulation, including the collecting, processing, reporting and retaining of information and the completing of forms.”

Regulators are required to calculate the direct costs of these activities when regulatory changes impose new administrative burden on business using the methodology prescribed in the Red Tape Reduction Regulations. This methodology is based on the Standard Cost Model, an internationally accepted way to estimate the administrative burden costs to business resulting from information and reporting obligations set out in a regulation.

Section 9 of the Red Tape Reduction Act requires the President of the Treasury Board to prepare and make public an annual report on the application of the one-for-one rule. The Red Tape Reduction Regulations, which became law in July 2015, state that the following must be included in the annual report:

  1. a summary of the increases and decreases in the cost of administrative burden that results from regulatory changes that are made in accordance with section 5 of the Act within the 12-month period ending on March 31 of the year in which the report is made public; and
  2. the number of regulations that are amended or repealed as a result of regulatory changes that are made in accordance with section 5 of the Act within that 12-month period.

Application of the one-for-one rule

a) Summary of increases and decreases in the cost of administrative burden

In 2014–15, annual net administrative burden to business was reduced by approximately $2.7 million: 11 regulations increased burden by over $500,000 annually; 60 per cent of this resulted from three new regulatory titles, with the balance from other regulatory changes (e.g., amendments). This new administrative burden was offset by 13 regulations that provided burden relief of over $3.2 million. A detailed list of regulatory changes increasing or decreasing administrative burden on business under the one-for-one rule, as published in the Canada Gazette, Part II, in 2014–15, can be found in Table 1 in the Appendix.

b) Number of regulations amended or repealed in accordance with section 5 of the Act

In 2014–15, 10 regulations were amended that relieved administrative burden on business. In addition, one Order was made that also relieved administrative burden. These amendments and the Order are as follows:

  • Regulations Amending the Seeds Regulations (variety regulations) (SOR/2014-114)
  • Regulations Amending Certain Canadian Food Inspections Agency Regulations (Miscellaneous Program) (SOR/2015-55)
  • Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (SOR/2014-207)
  • Regulations Amending the Meat Inspection Regulations, 1990 (SOR/2014-151)
  • Regulations Amending the Canada Labour Standards Regulations (SOR/2014-305)
  • Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations (SOR/2014-114)
  • Regulations Amending the Schedule to the Defence Production Act (SOR/2014-126)
  • Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards) (SOR/2014-152)
  • Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks) (SOR/2014-159)
  • Regulations Amending the Transportation of Dangerous Goods Regulations (Lithium Metal Batteries, ERAPs and Update to Schedules) (SOR/2014-306)
  • Order Declaring That the Reduction of Carbon Dioxide Emissions From Coal-Fired Generation of Electricity Regulations Do Not Apply in Nova Scotia (SOR/2014-265)

The following three regulations were repealed:

  • the Federal Mobile PCB Treatment and Destruction Regulations (SOR/90-5)
  • the Human Pathogens Importation Regulations (SOR/94-558)
  • the Laurentian Pilotage Authority District No. 3 Regulations (SOR/87-58)

Also, five additional regulations were repealed and replaced by four new regulations:

  • the Northwest Territories and Nunavut Mining Regulations were repealed and replaced by the Northwest Territories Mining Regulations (SOR/2014-68)
  • the Ingredient Disclosure List and the Controlled Products Regulations were both repealed and replaced by the Hazardous Products Regulations (SOR/2015-17)
  • the Regulations Respecting Applications for Permits for Disposal at Sea were repealed and replaced by the Disposal at Sea Permit Application Regulations (SOR/2014-177)
  • the Railway Safety Management System Regulations were repealed and replaced by the Railway Safety Management System Regulations, 2015 (SOR/2015-26)

Further details on the above amendments and repeals are included in Tables 1 and 2 in the Appendix.

In addition, 30 regulations were exempted from the one-for-one rule, the vast majority of which were non-discretionary obligations (e.g., imposing or amending economic measures on Ukraine, Russia, and South Sudan). A list of these regulations exempted from the one-for-one rule and published in the Canada Gazette, Part II, during 2014–15 can be found in Table 3 in the Appendix.

Conclusion

Openness and transparency contribute to robust regulatory governance. This annual report provides an overview of results achieved in 2014–15 on the application of the one-for-one rule as set out in the Red Tape Reduction Act.

Appendix

Table 1: Final regulatory changes with administrative burden implications under the one-for-one rule published in the Canada Gazette, Part II, in 2014–15

Portfolio Regulation Publication Date Net In ($) Net Out ($)
Aboriginal Affairs and Northern Development Canada Northwest Territories Mining Regulations[1] April 9, 2014 - 618,962
Agriculture and Agri-Food Canada Regulations Amending the Seeds Regulations (variety regulations) June 4, 2014 - 109,515
Agriculture and Agri-Food Canada Regulations Amending the Maple Products Regulations (grade standards) December 31, 2014 41,495 -
Agriculture and Agri-Food Canada Regulations Amending Certain Canadian Food Inspection Agency Regulations (Miscellaneous Program) March 11, 2015 - 0[2]
Environment Canada Disposal at Sea Permit Application Regulations[3] July 30, 2014 - 130
Environment Canada Order Amending Schedule 1 to the Canada National Parks Act August 13, 2014 29 -
Environment Canada Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations October 8, 2014 - 59,190
Environment Canada Products Containing Mercury Regulations November 19, 2014 91,500 -
Environment Canada Order Declaring That the Reduction of Carbon Dioxide Emissions From Coal-Fired Generation of Electricity Regulations Do Not Apply in Nova Scotia December 3, 2014 - 120
Environment Canada Order Amending Schedule 1 to the Species at Risk Act December 17, 2014 741 -
Health Canada Regulations Amending the Meat Inspection Regulations, 1990 July 2, 2014 - 55,538
Health Canada Human Pathogens and Toxins Regulations March 11, 2015 230,000 -
Employment and Social Development Canada Regulations Amending the Canada Labour Standards Regulations December 31, 2014 - 955,027
Public Safety Canada Regulations Amending the Accounting for Imported Goods and Payment of Duties Regulations December 3, 2014 - 688,221
Public Works and Government Services Canada Regulations Amending the Schedule to the Defence Production Act June 4, 2014 - 710,047
Transport Canada Regulations Amending the Transportation of Dangerous Goods Regulations (Update of Standards) July 2, 2014 - 27,613
Transport Canada Regulations Amending the Canadian Aviation Security Regulations, 2012 (Airport Security Programs) July 2, 2014 198 -
Transport Canada Regulations Amending the Transportation of Dangerous Goods Regulations (Part 4, Dangerous Goods Safety Marks) July 2, 2014 - 6,500
Transport Canada Regulations Amending the Marine Transportation Security Regulations July 2, 2014 13,500 -
Transport Canada Regulations Amending the Transportation Information Regulations August 13, 2014 3,313 -
Transport Canada Railway Operating Certificate Regulations November 19, 2014 221 -
Transport Canada Regulations Amending the Transportation Information Regulations December 17, 2014 148,717 -
Transport Canada Regulations Amending the Transportation of Dangerous Goods Regulations (Lithium Metal Batteries, ERAPs and Updates to Schedules) December 31, 2014 - 2,920
Transport Canada Railway Safety Management System Regulations, 2015 February 25, 2014 255 -
Total 529,969 3,233,783
  1. The Northwest Territories and Nunavut Mining Regulations were repealed, and two separate regulations (the Nunavut Mining Regulations and the Northwest Territories Mining Regulations) were introduced, which led to a net reduction in administrative burden of nearly $619,000.
  2. The Regulatory Impact Analysis Statement (RIAS) for this miscellaneous amendment reported that the one-for-one rule applies to the amendment to section 135.1 of the Health of Animals Regulations. This removes a reporting requirement for industry that if triggered would impose associated administrative costs. As this requirement has never been triggered, it has never been reported on or enforced. Any associated administrative costs for industry to report are multiplied by zero occurrences per year, and therefore the RIAS net cost/relief was reported as $0.
  3. This ministerial (non-GIC) regulation repealed the Regulations Respecting Applications for Permits for Disposal at Sea.

Table 2: New regulatory titles and repealed regulations in 2014–15

New regulatory titles with administrative burden

Portfolio Regulation Net Impact on Regulatory Stock
Environment Canada Products Containing Mercury Regulations 1
Health Canada Human Pathogens and Toxins Regulations 1
Transport Canada Railway Operating Certificate Regulations 1
Subtotal 3

Repealed regulations

Portfolio Regulation Net Impact on Regulatory Stock
Environment Canada Federal Mobile PCB Treatment and Destruction Regulations (SOR/90‑5) 1
Health Canada Human Pathogens Importation Regulations (SOR/94-558) 1
Transport Canada Laurentian Pilotage Authority District No. 3 Regulations (SOR/87-58) 1
Subtotal 3

New regulations that simultaneously repealed and replaced existing regulations[1]

Portfolio Regulation Net Impact on Regulatory Stock
Aboriginal Affairs and Northern Development Canada The Northwest Territories Mining Regulations[2] replace the Northwest Territories and Nunavut Mining Regulations (SOR/2007-273). 0
Environment Canada The Disposal at Sea Permit Application Regulations replace the Regulations Respecting Applications for Permits for Disposal at Sea (SOR/2001-276). 0
Health Canada The Hazardous Products Regulations replace the Controlled Products Regulations (SOR 88-66) and the Ingredient Disclosure List (SOR/88-64). 1
Transport Canada The Railway Safety Management System Regulations, 2015 replace the Railway Safety Management System Regulations (SOR 2001-37). 0
Subtotal 1
  1. There are some regulatory changes that result in the simultaneous introduction of new regulations and the elimination of one or more other regulatory titles (“repeal and replace”). When a new regulation repeals one title, there is no net change in the number of regulations. However, if the new regulation repeals more than one title, there is a net reduction. For instance, the Hazardous Products Regulations replaced two repealed regulations, resulting in a net reduction of one regulation.
  2. Repealed and replaced the Northwest Territories and Nunavut Mining Regulations (SOR/2007-273). The Nunavut Mining Regulations (which did not trigger the one-for-one rule, as it did not create new administrative burden) were introduced simultaneously, and together with the new Northwest Territories Mining Regulations led to a net reduction of administrative burden of nearly $619,000.

Table 3: Regulatory changes exempted from the one-for-one rule and published in the Canada Gazette, Part II, in 2014–15

Portfolio Regulation Publication Date Regulation Type Exemption Type
Foreign Affairs, Trade and Development Canada Special Economic Measures (Russia) Regulations April 9, 2014 New regulation Emergency / crisis situation
Foreign Affairs, Trade and Development Canada Special Economic Measures (Russia) Permit Authorization Order April 9, 2014 New regulation Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Special Economic Measures (Ukraine) Regulations April 9, 2014 New regulation Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Special Economic Measures (Ukraine) Permit Authorization Order April 9, 2014 New regulation Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations April 9, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations April 9, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations April 9, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations April 23, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations May 7, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations May 21, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations May 21, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations May 21, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Implementing the United Nations Resolutions on the Central African Republic July 2, 2014 New regulation Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations July 2, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations July 2, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations July 30, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations August 13, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations August 13, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations August 27, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations August 27, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations October 8, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Implementing the United Nations Resolution on Yemen October 8, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Special Economic Measures (South Sudan) Regulations November 5, 2014 New regulation Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Special Economic Measures (South Sudan) Permit Authorization Order November 5, 2014 New regulation Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations December 31, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations December 31, 2014 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Russia) Regulations March 11, 2015 Regulatory amendment Non-discretionary obligations
Foreign Affairs, Trade and Development Canada Regulations Amending the Special Economic Measures (Ukraine) Regulations March 11, 2015 Regulatory amendment Non-discretionary obligations
Public Safety Canada Regulations Amending the Proof of Origin of Imported Goods Regulations November 5, 2014 Regulatory amendment Tax or tax administration
Transport Canada Grade Crossings Regulations December 17, 2014 New regulation Emergency / crisis situation