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C.C.S.M. c. R65
The Regulatory Accountability Act
(Assented to June 2, 2017)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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 »)
Subject to subsection (2), this Act applies to every regulatory requirement that is in a regulatory instrument.
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
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.
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
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.
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.
A majority of the committee members must be ministers.
Chair and vice-chair designated
The Lieutenant Governor in Council must designate one committee member as chair and another as vice-chair. They must be ministers.
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
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.
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
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.
[Not yet proclaimed]
No action or other proceeding may be brought in respect of an obligation established by or under this Act.
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
For greater certainty, The Statutes and Regulations Act does not apply to an exemption order under clause 2(2)(e).
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
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
For greater certainty, Part 6.1 of The Statutes and Regulations Act does not apply to a regulation under subsection (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.
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.
NOTE: This section contained amendments to The Statutes and Regulations Act, which are now included in that Act.
C.C.S.M. REFERENCE AND COMING INTO FORCE
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
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Coming into force — proclamation
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.