Bill 121, Red Tape Reduction Policy Act, 2008

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Bill 121 2008

An Act to require consideration of a red tape reduction policy as a precondition for enacting bills and making regulations and to require a review of Acts and regulations from the viewpoint of the policy

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"public sector" has the same meaning as in subsection 2 (1) of the Public Sector Salary Disclosure Act, 1996; ("secteur public")

"regulation-maker", with respect to a regulation made under an Act, means the person or body, including the Lieutenant Governor in Council, that is authorized to make the regulation. ("autorité réglementaire")

Red tape reduction policy for bills

2. (1) Subject to subsection (3), before introducing a bill in the Assembly or moving second or third reading of a bill in the Assembly, a member of the Executive Council shall ensure that the Government reasonably considers and that it answers the following questions:

1. Does the bill set out the public policy that it seeks to address?

2. Is the bill necessary to achieve the public policy mentioned in paragraph 1?

3. Has the Government identified the regulatory burden that the bill imposes on persons or bodies?

4. Has the Government identified the amount of time and cost that persons and bodies on whom the bill imposes a regulatory burden would incur in complying with the burden?

5. Has the Government had a cost-benefit analysis done of the regulatory burden?

6. If the bill imposes a regulatory burden on persons or bodies, do the public policy mentioned in paragraph 1 and the cost-benefit analysis mentioned in paragraph 5 justify imposing the regulatory burden?

7. Has the Government consulted with the persons and bodies on whom the bill imposes a regulatory burden to determine if there are alternatives that fulfil the public policy mentioned in paragraph 1 but that do not involve imposing a regulatory burden on the persons and bodies?

8. Has the Government assessed the effect that the bill could reasonably be expected to have on the Ontario economy and the economic competitiveness of Ontario as opposed to other jurisdictions that are economic competitors of Ontario?

9. Has the Government compared the regulatory burden that the bill imposes on persons or bodies with the regulatory burden imposed on persons or bodies by legislation in other jurisdictions that are economic competitors of Ontario?

10. To the extent reasonably possible, does the bill avoid overlap with requirements imposed by other Ontario legislation or by other levels of government?

11. If there are existing requirements in Ontario legislation that fulfil the public policy mentioned in paragraph 1, is it reasonable to eliminate the requirements once the bill comes into force?

12. If the bill increases the powers, duties or burdens of any person or body in the public sector, is the Government satisfied that there are no alternatives that fulfil the public policy mentioned in paragraph 1 but that involve less of an increase of the powers, duties and burdens of any person or body in the public sector?

13. If the bill increases the powers, duties or burdens of any person or body in the public sector, does the bill or other legislation or policy directives ensure that there are standards for delivery of services by those persons or bodies?

14. Is the bill written in plain language?

15. Does the Government have plans to ensure adequate explanation to the public of the regulatory burden that the bill imposes on persons and bodies?

16. Has the Government set a date to review whether it is advisable to continue the regulatory burden that the bill imposes on persons and bodies or to remove the burden?

17. Has the Government considered all other questions of a similar nature to the questions set out in paragraphs 1 to 16 that are prescribed by the regulations made under this Act?

Explanation

(2) If the Government gives a negative answer to any of the questions set out in subsection (1), the Government shall have an explanation for its answer and be satisfied that the bill does not impose a regulatory burden on persons or bodies that, in the Government's opinion, is not justified in the context of the questions.

Exemptions

(3) A member of the Executive Council is not required to comply with subsection (1) if the member ensures that the Government is satisfied that the only effect of the bill is,

(a) to change fees by an annual rate that Treasury Board has approved;

(b) to make changes to the procedures or practices of courts or tribunals that are not material in nature;

(d) to correct errors in legislation that do not materially change any substantive requirements.

Evidence of consideration

(4) No member of the Executive Council shall introduce a bill in the Assembly or move second or third reading of a bill in the Assembly unless there is attached to the bill a statement by the member in English and French confirming that the Government,

(a) has reasonably considered and has answered the questions set out in subsection (1), has an explanation for any of the questions to which it gave a negative answer and is satisfied that the bill does not impose a regulatory burden on persons or bodies that, in the Government's opinion, is not justified in the context of the questions; or

(b) is satisfied that the only effect of the bill is to do any of the things described in clauses (3) (a) to (d).

Red tape reduction policy for regulations

3. (1) Before making a regulation, a regulation-maker shall reasonably consider and shall answer the questions set out in subsection 2 (1) with necessary modifications, including reading references to the bill and the Government as references to the regulation and the regulation-maker, respectively.

Explanation

(2) If the regulation-maker gives a negative answer to any of the questions mentioned in subsection (1), the regulation-maker shall have an explanation for its answer and be satisfied that the regulation does not impose a regulatory burden on persons or bodies that, in the regulation-maker's opinion, is not justified in the context of the questions.

Exemptions

(3) A regulation-maker is not required to comply with subsection (1) if the regulation-maker is satisfied that the only effect of the regulation is,

(a) to change fees by an annual rate that Treasury Board has approved;

(b) to make changes to the procedures or practices of courts or tribunals that are not material in nature;

(d) to correct errors in legislation that do not materially change any substantive requirements.

Evidence of consideration

(4) No regulation-maker shall make a regulation unless the regulation-maker makes a statement, which is attached to the regulation, confirming that the regulation-maker,

(a) has reasonably considered and has answered the questions mentioned in subsection (1), has an explanation for any of the questions to which it gave a negative answer and is satisfied that the regulation does not impose a regulatory burden on persons or bodies that, in the regulation-maker's opinion, is not justified in the context of the questions; or

(b) is satisfied that the only effect of the regulation is to do any of the things described in clauses (3) (a) to (d).

Review of Acts and regulations

4. (1) Within six months after this Act comes into force, the Government shall prepare a plan to have a review done, within three years after the end of that six months, of all public Acts enacted without the statement described in subsection 2 (4) attached to them and of all regulations made without the statement described in subsection 3 (4) attached to them.

Acts

(2) The review mentioned in subsection (1) shall require the Minister responsible for administering an Act described in that subsection to review the Act and to prepare a report that,

(a) answers the questions set out in subsection 2 (1) with respect to the Act, reading references to the bill and the Government as references to the Act and the Minister, respectively, except if the Minister is satisfied that the only effect of the Act is to do any of the things described in clauses 2 (3) (a) to (d);

(b) specifies whether the Minister is satisfied that the only effect of the Act is to do any of the things described in clauses 2 (3) (a) to (d);

(c) if any of the Minister's answers mentioned in clause (a) are negative, specifies whether the Minister is satisfied that the Act does not impose a regulatory burden on persons or bodies that, in the Minister's opinion, is not justified in the context of the questions; and

(d) proposes amendments that the Minister feels are required to remove any regulatory burden on persons or bodies that, in the Minister's opinion, is not justified in the context of the questions mentioned in clause (a).

Regulations

(3) The review mentioned in subsection (1) shall require the Minister responsible for administering the provision of an Act under which a regulation described in that subsection is made to review the regulation and to prepare a report that,

(a) answers the questions set out in subsection 2 (1) with respect to the regulation, reading references to the bill and the Government as references to the regulation and the Minister, respectively, except if the Minster is satisfied that the only effect of the regulation is to do any of the things described in clauses 3 (3) (a) to (d);

(b) specifies whether the Minister is satisfied that the only effect of the regulation is to do any of the things described in clauses 3 (3) (a) to (d);

(c) if any of the Minister's answers mentioned in clause (a) are negative, specifies whether the Minister is satisfied that the regulation does not impose a regulatory burden on persons or bodies that, in the Minister's opinion, is not justified in the context of the questions; and

Tabling of reports

(4) As soon as a Minister completes a report under subsection (2) or (3), the Minister shall table the report by,

(a) submitting a copy of the report to the Lieutenant Governor in Council;

(b) submitting a copy of the report to the regulation-maker at its last business address known to the Minister, if the report relates to a regulation that is not made by the Lieutenant Governor in Council;

(d) depositing the report with the Clerk of the Assembly if the Assembly is not in session.

Progress reports

(5) Every six months after this Act comes into force and until the review mentioned in subsection (1) has been completed, the Government shall prepare a progress report on the review work done in the preceding six months and shall table the report by,

(a) laying the report before the Assembly if it is in session; and

(b) depositing the report with the Clerk of the Assembly if the Assembly is not in session.

Regulations

5. The Lieutenant Governor in Council may make regulations prescribing anything that is described in this Act as being prescribed by the regulations made under this Act.

Commencement

6. This Act comes into force on the day it receives Royal Assent.

Short title

7. The short title of this Act is the Red Tape Reduction Policy Act, 2008.

EXPLANATORY NOTE

The Bill establishes a red tape reduction policy for Government bills, public Acts and regulations.

Upon introducing a Government bill or moving second or third reading of a Government bill, a Minister is required to attach a statement to the bill confirming that the Government has reasonably considered and has answered a number of questions relating to the reduction of the regulatory burden, if any, that the bill imposes on persons or bodies. If the answers to any of the questions are negative, the statement must confirm that the Government is satisfied that the regulatory burden is not unjustified in the circumstances in the Government's opinion. There is no requirement to consider and answer the questions if the Government is satisfied that the only effect of the bill is to increase fees by an annual rate that Treasury Board has approved or to make changes that are not material in nature.

The Bill imposes similar requirements for the making of regulations, whether the regulations are made by Cabinet or some other person or body.

Within six months after the Bill is enacted, the Government is required to prepare a plan to review, within three years, all public Acts and regulations from the viewpoint of the red tape reduction policy. The review is done by the Minister responsible for each Act being reviewed or the provision of an Act under which a regulation being reviewed is made. The Minister is required to prepare a report of a review and to submit it, as soon as it is ready, to Cabinet and to table it in the Assembly. The Government is also required to prepare and table in the Assembly progress reports of all reviews every six months during the review period.