Bill C-62

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First Reading

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	1st Session, 35th Parliament, 42-43 Elizabeth II, 1994
	The House of Commons of Canada
	BILL C-62
	An Act to provide for the achievement of regulatory goals through alternatives to designated regulations and through administrative agreements
	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 Regulatory Efficiency Act.
	INTERPRETATION
Definitions	2. In this Act,
``applicant'' Version anglaise seulement	``applicant'' means a person who submits for approval a proposed compliance plan or a proposed change to an approved compliance plan;
``designated'' Version anglaise seulement	``designated'' means designated under section 4;
``regulation'' « règlement »	``regulation'' means a regulation as defined in subsection 2(1) of the Statutory Instruments Act and includes any portion of such a regulation.
	PURPOSES
Purposes	3. The purposes of this Act are to
	(a) allow regulatory goals to be achieved through alternatives to designated regulations that
	(i) do not compromise the safety, health, environmental or other objectives of designated regulations, and
	(ii) are consistent with the principles of sustainable development, being development that meets the needs of the present without compromising the ability of future generations to meet their own needs;
	(b) reduce regulatory costs to the public, including individuals, businesses and industries; and
	(c) improve regulatory efficiency while respecting principles of equality, fairness and governmental accountability.
	DESIGNATIONS
Governor in Council may designate	4. (1) The Governor in Council may, on the recommendation of the President of the Treasury Board and the responsible Minister, make regulations designating
	(a) any regulation that may be subject to compliance plans;
	(b) any Act or regulation that may be subject to administrative agreements; and
	(c) a Minister or other person or body as the regulatory authority responsible for approving proposed compliance plans or changes to approved compliance plans or for entering into administrative agreements.
Responsible Minister	(2) For the purpose of designating an Act, regulation or regulatory authority, the responsible Minister is the Minister responsible for the administration of the Act or regulation to which the designation relates.
Tabling and pre-publicatio n	(3) A copy of each regulation that the Governor in Council proposes to make under this section must be
	(a) tabled in each House of Parliament at least thirty days before the regulation is made; and
	(b) published in the Canada Gazette at least sixty days before the regulation is made.
Single tabling and publication sufficient	(4) A proposed regulation need not be tabled and published more than once, whether or not it is amended after it has been tabled and published.
	COMPLIANCE PLANS
	Proposed Compliance Plans and Changes
Submission of proposed compliance plans	5. (1) Any person who is subject to a designated regulation may submit to the designated regulatory authority a proposed compliance plan that
	(a) describes how the regulatory goals of the designated regulation will be achieved through alternatives to the requirements of the regulation; and
	(b) identifies the persons, facilities or activities that are subject to the plan and the extent to which the plan is to be substituted for the designated regulation.
Submission of changes to approved compliance plans	(2) Any person who is subject to an approved compliance plan may submit to the designated regulatory authority a proposed change to the plan.
Publication of procedures and approval factors	6. (1) The designated regulatory authority must publish in the Canada Gazette
	(a) procedures for submitting and evaluating proposed compliance plans and changes to approved compliance plans; and
	(b) the factors that will be taken into account in deciding whether to approve them.
Procedures for persons with limited resources	(2) The procedures may include procedures to make it possible for persons with limited resources to submit proposed compliance plans or changes and obtain approvals of them.
No approval before publication	(3) No compliance plan or change may be approved unless the applicable procedures and factors have been published in the Canada Gazette.
	Consultation and Advance Notice
Consultation	7. Before approving the proposed compliance plan or change, the designated regulatory authority must make reasonable efforts to consult the persons, governments or government agencies that will be directly affected by the plan or change.
Special notice regulations	8. (1) The designated regulatory authority must publish a notice of the proposed compliance plan or change in the Canada Gazette at least sixty days before approving it if the plan or change relates to a designated regulation made under an Act that requires a copy of the regulation to be published in the Canada Gazette before it is made.
Contents of notice	(2) The notice must contain the name of the applicant, a summary of the proposed compliance plan or change, including a description of the persons, activities and facilities that are subject to the plan or change, and the notice may contain any other information that the designated regulatory authority considers advisable.
	Evaluation and Approval
Evaluation	9. (1) The designated regulatory authority must evaluate and decide whether to approve the proposed compliance plan or change in accordance with the applicable procedures and factors that it has published.
Approval criteria	(2) The designated regulatory authority may approve the proposed compliance plan or change if, in its opinion, the plan or change meets the regulatory goals of the designated regulation and is consistent with the purposes of this Act.
Terms and conditions	(3) Approval of the proposed compliance plan or change may be subject to the applicant's acceptance of any terms and conditions that the designated regulatory authority considers advisable, including terms and conditions respecting
	(a) quality assurance, complaint resolution or other management systems;
	(b) the provision of information to permit the designated regulatory authority to monitor compliance with the plan; and
	(c) the recovery by the designated regulatory authority of the costs associated with the evaluation and approval and with any other administrative action taken after the approval in relation to the plan.
Application of approved compliance plan	10. (1) An approved compliance plan, including any approved changes to it, applies and is binding according to its terms in substitution for the designated regulation to which it relates and the application of the designated regulation is suspended to the extent that the plan is substituted for it.
Application of other provisions	(2) The approved compliance plan is subject to any administrative or penal provisions of any Act that apply in relation to the designated regulation and, in particular,
	(a) any enactment that creates an offence for contravening the designated regulation or any other offence involving the designated regulation shall be interpreted as creating the offence in relation to the compliance plan; and
	(b) any punishment or other sanction that may be imposed for an offence involving the designated regulation may be imposed in relation to the offence involving the compliance plan, but no person is liable to the punishment or other sanction unless it is proved that at the time of the alleged offence the person had actual notice of the plan or reasonable steps had been taken to bring the plan to the attention of the persons who are subject to it, including any steps required by regulations made under paragraph 15(b).
Publication of notice	11. (1) Within sixty days after approving a proposed compliance plan or change to an approved compliance plan, the designated regulatory authority must publish a notice of the approval in the Canada Gazette.
Contents of notice	(2) The notice must contain the name of the applicant, the effective date or dates of the approved compliance plan or change and a summary of it, including a description of the persons, activities and facilities that are subject to it, and the notice may contain any other information that the designated regulatory authority considers advisable.
	Suspension and Termination
Termination on reasonable notice, etc.	12. (1) The designated regulatory authority may terminate the approval of a compliance plan
	(a) on reasonable notice to the persons who are subject to the plan, taking into account any adjustments they may have to make as a result of the termination;
	(b) at the request of any person who is subject to the plan and after making reasonable efforts to consult any other persons who are subject to it; or
	(c) as provided in the plan.
Immediate suspension or termination	(2) The designated regulatory authority may immediately suspend or terminate the approval of the compliance plan if, in its opinion,
	(a) an offence involving the plan has been committed;
	(b) there has been a breach of any term or condition that the approval is subject to; or
	(c) the suspension or termination is necessary to deal with a threat to the safety or health of any person or to the environment.
Limitation	(3) Immediate suspension or termination
	(a) is effective from the time that reasonable steps have been taken to give notice of the suspension or termination to the persons who are subject to the compliance plan, including any steps required by regulations made under paragraph 15(b); and
	(b) is subject to any terms in the plan regarding compensation for immediate suspension or termination.
	ADMINISTRATIVE AGREEMENTS
Designated regulatory authority may enter into agreement	13. (1) A designated regulatory authority may enter into an agreement with one or more provincial, territorial or other governments or government agencies, or any other person, respecting the administration of any designated Act or regulation.
Consultation	(2) Before entering into the administrative agreement or agreeing to a change to the administrative agreement, the designated regulatory authority must make reasonable efforts to consult the persons, governments or government agencies that will be directly affected by the agreement or change.
Notice of agreement	(3) The designated regulatory authority must publish a notice of the agreement or change in the Canada Gazette within sixty days after entering into the agreement or agreeing to the change.
Termination	(4) The agreement may be terminated by any of the parties to it on reasonable notice to the other parties or as set out in the agreement.

Bill C-62

BILL C-62