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The Regulatory Accountability Act and Amendments to The Statutes and Regulations Act

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S.M. 2017, c. 21

Bill 22, 2 nd Session, 41st Legislature

The Regulatory Accountability Act and Amendments to The Statutes and Regulations Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act establishes The Regulatory Accountability Act.

Regulatory accountability is based on the principles of achieving balance with regulatory requirements, identifying the best option for them, assessing their impact, consulting and communicating about them, monitoring and minimizing their number, and streamlining their design.

A regulatory requirement is an action that must be taken by a person in order to

  • access a program or service of the government or a government agency,
  • carry on business, or
  • participate in a regulated activity.

A regulatory requirement may be found in a statute or a regulation or a policy or form made by the government or a government agency. In the Act, these are called regulatory instruments.

The total number of regulatory requirements implemented each year are to be reported. When regulatory requirements are implemented, then until March 31, 2021, at least two other regulatory requirements of at least twice the administrative burden to a stakeholder must be eliminated. After that date, at least one other regulatory requirement of equal or greater administrative burden on a stakeholder must be eliminated for each new regulatory requirement.

Reports must be published by the government about the progress made to promote and enhance regulatory accountability.

Policies and forms that contain regulatory requirements must be made public. Proposed policies and forms may be subject to public consultation.

To facilitate the coordination of initiatives and activities related to regulatory accountability, the Regulatory Accountability Committee and the Regulatory Accountability Secretariat are established.

Within five years after receiving royal assent, the Act must be reviewed.

This Act also makes amendments to The Statutes and Regulations Act as follows:

  • Certain proposed regulations and information about them must be published before they are made so that the public can comment on them.
  • Cabinet may require certain regulations to come into force on a designated day.
  • The effectiveness of certain regulations must be evaluated within 3 years after their coming into force. A report of the evaluation results stands permanently referred to the Legislative Assembly's Standing Committee on Statutory Regulations and Orders.

In addition, this Act deals with the legal effects of the obligations imposed by it and by amendments to The Statutes and Regulations Act. Cabinet is also given regulation-making powers relating to the scope of the new Act and new Part, the offset obligation, and the publication of proposed policies, forms and regulations.

(Assented to June 2, 2017)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

INTRODUCTORY PROVISIONS

Definitions

1           The following definitions apply in this Act.

"administrative burden" means anything that is necessary to demonstrate compliance with a regulatory requirement, including the collecting, processing, reporting and retaining of information, and the financial and economic costs of doing so. (« fardeau administratif »)

"committee" means the Regulatory Accountability Committee established by subsection 5(1). (« Commission »)

"educational institution" means a college as defined in The Advanced Education Administration Act and the Manitoba Institute of Trades and Technology. (« établissement d'enseignement »)

"emergency" means a present or imminent situation or condition that requires prompt action to prevent or limit

(a) the loss of life;

(b) harm or damage to the safety, health or welfare of people; or

(c) damage to property or the environment. (« situation d'urgence »)

"government agency" means a board, commission, association or other body, whether or not incorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by an Act or by the Lieutenant Governor in Council, other than an educational institution. (« organisme gouvernemental »)

"policy" includes a guideline, directive, statement, bulletin and procedure manual. (« politique »)

"prescribed" means prescribed by a regulation under this Act.

"regulation" means a regulation as defined in section 1 of The Statutes and Regulations Act, other than one that is made or approved by the board of an educational institution or an independent officer of the Assembly. (« règlement »)

"regulatory instrument" means

(a) a statute;

(b) a regulation; or

(c) a policy or form that is made or approved by the government or a government agency. (« instrument de réglementation »)

"regulatory requirement" means a requirement in a regulatory instrument for a person to take an action in order to

(a) access a program or service offered by the government or a government agency;

(b) carry on business; or

(c) participate in a regulated activity. (« obligation administrative »)

"responsible minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre responsable »)

"secretariat" means the Regulatory Accountability Secretariat established under subsection 7(1). (« Secrétariat »)

"stakeholder" means any person who is required to comply with a regulatory requirement in order to

(a) access a program or service offered by the government or a government agency;

(b) carry on business; or

(c) participate in a regulated activity. (« intéressé »)

When Act applies

2(1)        Subject to subsection (2), this Act applies to every regulatory requirement that is in a regulatory instrument.

When Act does not apply

2(2)        This Act does not apply to a regulatory requirement

(a) for practice and procedure in judicial proceedings;

(b) for a regulatory scheme that requires the agreement of another jurisdiction, such as a domestic or international trade agreement scheme;

(c) for a matter that is of a validating or transitional character;

(d) for an obligation that relates only to the government or a government agency and its functions; or

(e) in a regulatory instrument that is exempted by order of the Lieutenant Governor in Council or by a regulation under this Act.

PURPOSES AND PRINCIPLES

Purposes

3           The purposes of this Act are

(a) to minimize the administrative burden placed on stakeholders to comply with regulatory requirements; and

(b) to promote and enhance regulatory accountability within the government and government agencies.

Principles

4           For the purposes of this Act, regard must be had for the following principles of regulatory accountability:

Achieving balance — Regulatory accountability is promoted and enhanced when regulatory requirements meet desired public policy outcomes and administrative burdens are minimized without compromising human health and safety and essential economic, financial, environmental and social objectives.

Identifying the best option — Regulatory accountability is promoted and enhanced when a thorough exploration and analysis of a comprehensive range of options is engaged in in order to achieve the desired public policy outcomes, including exploration and analysis of options that do not implement regulatory requirements.

Regulatory requirements are chosen only when they are determined to be the best response to a clearly identified need.

Assessing the impact — Regulatory accountability is promoted and enhanced when the impact of proposed regulatory requirements on stakeholders and the public is assessed to determine what response is necessary to achieve the desired public policy outcomes, and whether the administrative burden being placed on stakeholders is minimized.

Consulting and communicating with stakeholders and the public — Regulatory accountability is promoted and enhanced when stakeholders and the public are consulted before a regulatory requirement is implemented and when changes to regulatory requirements are communicated to stakeholders and the public in a transparent, predictable manner.

Evaluating effectiveness and efficiency — Regulatory accountability is promoted and enhanced when a regulatory requirement is regularly reviewed to determine whether the desired public policy outcomes have been achieved and whether the benefits (including financial, economic, environmental and social benefits) of the regulatory requirements justify the administrative burden and other costs (including financial, economic, environmental and social costs).

Monitoring and minimizing the number of regulatory requirements — Regulatory accountability is promoted and enhanced when an accurate determination is made of the number of regulatory requirements and the growth in the number of regulatory requirements is minimized.

Streamlining design — Regulatory accountability is promoted and enhanced when duplication and inconsistencies between regulatory requirements and within and between regulatory instruments are eliminated.

COMMITTEE AND SECRETARIAT

Regulatory Accountability Committee

5(1)        The committee of the Executive Council called the Regulatory Accountability Committee is hereby established and consists of the ministers and members of the Legislative Assembly appointed to the committee by the Lieutenant Governor in Council.

Mandate

5(2)        At the direction of Executive Council, the committee is to oversee the government's initiatives and activities furthering the purposes of this Act and Part 6.1 of The Statutes and Regulations Act, including initiatives and activities related to

(a) ensuring that the principles of regulatory accountability set out in section 4 of this Act are applied in developing, analyzing, implementing and reviewing regulatory requirements; and

(b) minimizing the administrative burden and number of regulatory requirements without compromising human health and safety and essential economic, financial, environmental and social objectives.

Majority must be ministers

6(1)        A majority of the committee members must be ministers.

Chair and vice-chair designated

6(2)        The Lieutenant Governor in Council must designate one committee member as chair and another as vice-chair. They must be ministers.

LG in C may appoint secretary

6(3)        The Lieutenant Governor in Council may appoint an officer called the Secretary to the Regulatory Accountability Committee to perform the duties and functions that may be assigned to the secretary by the committee, and the secretary is to rank as a deputy minister.

Regulatory Accountability Secretariat

7(1)        The Regulatory Accountability Secretariat is established as a secretariat of the government under the direction and control of the responsible minister. The secretary is the administrative head of the secretariat.

Mandate

7(2)        The secretariat's mandate is to advise the government and government agencies about regulatory accountability and in doing so the secretariat may

(a) coordinate the government's initiatives and activities on regulatory accountability;

(b) facilitate the identification, monitoring and minimization of the number of regulatory requirements and their administrative burden and the identification of unnecessary regulatory requirements;

(c) monitor compliance with the obligations under this Act and Part 6.1 of The Statutes and Regulations Act;

(d) work with government departments, government agencies and other persons or entities to promote and enhance regulatory accountability; and

(e) perform any other duties or tasks given to it by the committee.

MONITORING AND MINIMIZING REGULATORY REQUIREMENTS

Establishing baseline and annual number of regulatory requirements

8           For the purpose of monitoring the progress made in furthering the purposes of this Act, the responsible minister must

(a) arrange for a count to be conducted to determine the number of regulatory requirements in force or applicable as of the fiscal year ending March 31, 2016; and

(b) determine the number of regulatory requirements in force or applicable in each fiscal year after that.

Reducing and minimizing administrative burden

9(1)        To reduce and minimize the administrative burden of regulatory requirements, the government and government agencies are to do the following:

(a) until the fiscal year ending March 31, 2021, eliminate at least two regulatory requirements for each regulatory requirement implemented during the fiscal year;

(b) beginning with the fiscal year commencing on April 1, 2021, eliminate at least one regulatory requirement for each regulatory requirement implemented during the fiscal year.

Offset and administrative burden

9(2)        For the purpose of

(a) clause (1)(a), the administrative burden of the eliminated regulatory requirements must be at least twice the administrative burden of the implemented regulatory requirement; and

(b) clause (1)(b), the administrative burden of the eliminated regulatory requirement must be equivalent to or greater than the administrative burden of the implemented regulatory requirement.

Eliminating and implementing regulatory requirements

9(3)        For greater certainty, a regulatory requirement may be

(a) eliminated by repealing or amending a statute or regulation or changing or dispensing with the use of a policy or form; and

(b) implemented by way of a new regulatory instrument or an amendment to an existing regulatory instrument.

Exception

9(4)        This section does not apply to a regulatory instrument that is made or approved in response to an emergency.

REPORTS

Annual report

10(1)       Within six months after the end of each fiscal year, the responsible minister must prepare a report about the regulatory accountability initiatives and activities of the government and government agencies, including the progress made in furthering the purposes of this Act within that fiscal year.

Report contents

10(2)       The report must include the following information:

(a) the total number of regulatory requirements at the end of the fiscal year;

(b) an explanation of the method used to determine the total number of regulatory requirements;

(c) a historical comparison of the total number of regulatory requirements;

(d) the net change in the number of total regulatory requirements as at the end of the fiscal year;

(e) an assessment of other regulatory accountability initiatives and activities during the fiscal year;

(f) any other prescribed information.

Report to be available to the public

10(3)       The report must be made available to the public, including by posting on a government website, in accordance with any prescribed requirements.

Report to be tabled in the Assembly

10(4)       The responsible minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister prepares the report.

Statement re non-compliance

10(5)       If the responsible minister determines that the report will not be published by the date referred to in subsection (1), on or before that date the minister must make available to the public a written statement giving the reasons for the non-compliance.

Annual departmental reports re regulatory accountability

11          Within six months after the end of each fiscal year, each minister must prepare and publish information about the progress on regulatory accountability initiatives and activities of the department and any government agencies for which the minister is responsible, including information about the total number of regulatory requirements at the end of the fiscal year and the net change in the total number of regulatory requirements as at the end of the fiscal year, and any other prescribed information.

POLICIES AND FORMS

Policies and forms to be available to the public

12(1)       A policy or form that contains one or more regulatory requirements must be made available to the public, including by posting on a government website, in accordance with any prescribed requirements.

Proposed policies and forms may be published

12(2)       A proposed policy or form that contains one or more regulatory requirements may be published on a government website in accordance with any prescribed requirements.

Comments may be submitted

12(3)       Within the prescribed time period, any member of the public may submit comments about the proposed policy or form to the secretariat for review and consideration.

OTHER MATTERS

Legal proceedings

13(1)       No action or other proceeding may be brought in respect of an obligation established by or under this Act.

Validity

13(2)       No regulatory instrument or regulatory requirement is invalid or defective by reason only of a failure to comply with this Act.

Statutes and Regulations Act does not apply to exemption order

14          For greater certainty, The Statutes and Regulations Act does not apply to an exemption order under clause 2(2)(e).

Regulations

15(1)       The Lieutenant Governor in Council may make regulations

(a) respecting the method for determining the administrative burden and respecting the period within which measures must be taken under section 9 and the taking into account of regulatory requirements eliminated before regulatory requirements are implemented;

(b) prescribing the information to be included in the reports under sections 10 and 11;

(c) respecting publication of policies and forms under section 12;

(d) extending the application of this Act or any provision of it to a regulation, rule, order or by-law referred to in clause 8(2)(g) of The Statutes and Regulations Act;

(e) exempting a type of regulatory requirement or a regulatory instrument or class of regulatory requirements or regulatory instruments from this Act or any provision of it or respecting the circumstances in which an exemption may be granted;

(f)  defining any word or expression used but not defined in this Act;

(g) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Regulations may establish classes

15(2)       A regulation under subsection (1) may establish classes and provide differently for different classes.

Part 6.1 of Statutes and Regulations Act does not apply

15(3)       For greater certainty, Part 6.1 of The Statutes and Regulations Act does not apply to a regulation under subsection (1).

Review of this Act

16(1)       Within five years after this Act receives royal assent, the responsible minister must undertake a comprehensive review of this Act that includes an opportunity for public representations.

Report tabled in Assembly

16(2)       Within one year after the review is undertaken or within any longer period that the Legislative Assembly allows, the responsible minister must table a report on the review in the Assembly.

AMENDMENTS TO THE STATUTES AND REGULATIONS ACT

C.C.S.M. c. S207 amended

17(1)       The Statutes and Regulations Act is amended by this section.

17(2)       Section 1 is amended

(a) in the definition "minister" by striking out "means" and substituting "means, other than in Part 6.1,"; and

(b) in the definition "regulation" by striking out "means a" and substituting "means, other than in Part 6.1, a".

17(3)       Clause 12(2)(a) is amended by striking out "and" at the end of subclause (ii), adding "and" at the end of subclause (iii) and adding the following after subclause (iii):

(iv) any other information specified by the registrar;

17(4)       The following is added after section 34:

PART 6.1

REGULATORY ACCOUNTABILITY

Definitions

34.1(1)     The following definitions apply in this Part.

"administrative burden" means anything that is necessary to demonstrate compliance with a regulatory requirement, including the collecting, processing, reporting and retaining of information, and the financial and economic costs of doing so. (« fardeau administratif »)

"educational institution" means a college as defined in The Advanced Education Administration Act and the Manitoba Institute of Trades and Technology. (« établissement d'enseignement »)

"emergency" means a present or imminent situation or condition that requires prompt action to prevent or limit

(a) the loss of life;

(b) harm or damage to the safety, health or welfare of people; or

(c) damage to property or the environment. (« situation d'urgence »)

"government agency" means a board, commission, association or other body, whether or not incorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by an Act or by the Lieutenant Governor in Council, other than an educational institution. (« organisme gouvernemental »)

"regulation" means a regulation as defined in section 1, other than one that is made or approved by the board of an educational institution or an independent officer of the Assembly. (« règlement »)

"regulatory requirement" means a requirement in a regulation for a person to take an action in order to

(a) access a program or service offered by the government or a government agency;

(b) carry on business; or

(c) participate in a regulated activity. (« obligation administrative »)

"stakeholder" means any person who is required to comply with a regulatory requirement in order to

(a) access a program or service offered by the government or a government agency;

(b) carry on business; or

(c) participate in a regulated activity. (« intéressé »)

Term includes amending and repealing regulation

34.1(2)     For greater certainty, "regulation" includes an amending regulation and a regulation that repeals another regulation.

When Part applies

34.2(1)     Subject to subsection (2), this Part applies to any regulation that contains a regulatory requirement.

When Part does not apply

34.2(2)     This Part does not apply to a regulatory requirement in a regulation that

(a) is made or approved in response to an emergency;

(b) governs practice and procedure in judicial proceedings;

(c) is for a regulatory scheme that requires the agreement of another jurisdiction, such as a domestic or international trade agreement scheme;

(d) imposes a new fee or fine, or changes an existing fee or fine, approved by the Treasury Board;

(e) is minor or administrative in nature;

(f) is for a tax or for tax administration;

(g) is of a validating or transitional character;

(h) is an obligation that relates only to the government or a government agency and its functions; or

(i) is exempted by order of the Lieutenant Governor in Council or by a regulation under this Part.

Proposed regulations must be published

34.3(1)     A proposed regulation that contains one or more regulatory requirements must be published on a government website in accordance with the regulations under this Part.

Comments may be submitted

34.3(2)     Within 45 days after publication, any member of the public may submit comments about the proposed regulation to the Regulatory Accountability Secretariat established under The Regulatory Accountability Act for review and consideration.

Only single publication required

34.3(3)     A proposed regulation need not be published more than once under subsection (1), whether or not it is altered after publication.

Exception

34.3(4)     This section does not apply to a proposed regulation that, if published before it is made or approved, could create a competitive advantage for a stakeholder.

Opportunity for public consultation required by other statute

34.3(5)      If another statute requires a minister or other person or body to provide an opportunity for public consultation regarding a proposed regulation,

(a) the minister, person or body must also comply with this section; and

(b) the requirement for broad public consultation under that statute is met when the regulation is published in accordance with this section.

Information to accompany proposed regulation

34.4        When a proposed regulation is published in accordance with section 34.3, it is to be accompanied by the following information:

(a) a description of the scope of the problem or issue and the public policy outcomes sought to be achieved by implementing the proposed regulatory requirements;

(b) an analysis of the impact of the proposed regulatory requirements and their administrative burden; and

(c) the number of proposed regulatory requirements contained in the regulation.

Regulation re common date for coming into force

34.5        The Lieutenant Governor in Council may, by regulation, require a class or classes of regulations to come into force on a common designated date or dates each year.

Evaluation report

34.6(1)     Within three years after the coming into force of a regulation that contains regulatory requirements, the minister responsible for the statute under which the regulation is made or approved must arrange for a report to be prepared evaluating the effectiveness and efficiency of the regulation, including

(a) whether the desired public policy outcomes have been achieved; and

(b) whether the number of regulatory requirements and their administrative burden could be minimized without compromising human health and safety and essential economic, financial, environmental and social objectives.

Report to be tabled

34.6(2)     The minister must table a copy of the report in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister prepares the report.

Report permanently referred to Standing Committee

34.6(3)     Upon being tabled in the Assembly, the report stands permanently referred to the Standing Committee on Statutory Regulations and Orders of the Legislative Assembly.

Legal proceedings

34.7(1)     No action or other proceeding may be brought in respect of an obligation established by or under this Part.

Validity

34.7(2)     No regulation or regulatory requirement is invalid or defective by reason only of a failure to comply with this Part.

Exception

34.7(3)     This section does not apply to the requirement under section 34.3 (publication of proposed regulation).

This Act does not apply to exemption order

34.8        For greater certainty, this Act does not apply to an exemption order under clause 34.2(2)(i).

Regulations

34.9(1)     The Lieutenant Governor in Council may make regulations

(a) extending the application of this Part or any provision of it to a regulation, rule, order or by-law referred to in clause 8(2)(g);

(b) respecting the publication of proposed regulations;

(c) prescribing the information to be included in the evaluation report under section 34.6;

(d) exempting a type of regulatory requirement or a regulation or class of regulations from the application of this Part or any provision of it or respecting the circumstances in which an exemption may be granted;

(e) defining any word or expression used but not defined in this Act;

(f) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Part.

Regulations may establish classes

34.9(2)     A regulation under subsection (1) may establish classes and provide differently for different classes.

This Part does not apply

34.9(3)     For greater certainty, this Part does not apply to a regulation under subsection (1) or section 34.5.

C.C.S.M. REFERENCE AND COMING INTO FORCE

C.C.S.M. reference

18          This Act may be cited as The Regulatory Accountability Act and referred to as chapter R65 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force — royal assent

19(1)        Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

19(2)       The following provisions come into force on a day to be fixed by proclamation:

(a) sections 9 to 12;

(b) subsection 17(4) insofar as it enacts sections 34.3, 34.4 and 34.6 of The Statutes and Regulations Act.