Bill 169 2011

An Act to amend the Legislative Assembly Act with respect to the Standing Committee on Regulations and Private Bills

Note: This Act amends the Legislative Assembly Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  The Legislative Assembly Act is amended by adding the following section:

Standing Committee on Regulations and Private Bills

   58.1  (1)  In this section,

"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")

Questions to consider for regulations

   (2)  Despite the Standing Orders of the Assembly, the Standing Committee on Regulations and Private Bills shall examine every regulation with respect to the following questions:

    1.  Is it necessary to make the regulation to give effect to the policy established by the enabling Act?

    2.  What are the merits of the policy or objective to be effected by the regulation?

    3.  What is the cost of implementing the regulation?

    4.  What are the burdens, if any, that the regulation imposes on persons or bodies?

    5.  What is the cost-benefit analysis of the burdens, if any, that the regulation imposes on persons or bodies?

    6.  If the regulation imposes a burden on persons or bodies, do the policy and objectives mentioned in paragraph 2 and the cost-benefit analysis mentioned in paragraph 5 justify the burden?

    7.  Has the regulation-maker consulted with the persons and bodies on whom the regulation imposes a burden to determine if there are alternatives that fulfil the policy and objectives mentioned in paragraph 2 but that do not involve imposing a burden on the persons and bodies?

    8.  Has the regulation-maker assessed the effect that the regulation 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 regulation-maker compared the burdens that the regulation imposes on persons or bodies with the burdens imposed on persons or bodies by legislation in other jurisdictions that are economic competitors of Ontario?

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

  11.  If the regulation increases the powers, duties or burdens of any person or body in the public sector, is the regulation-maker satisfied that there are no alternatives that fulfil the policy and objectives mentioned in paragraph 2 but that involve less of an increase of the powers, duties and burdens of any person or body in the public sector?

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

  13.  Does the regulation-maker have plans to ensure adequate explanation to the public of the burdens that the regulation imposes on persons and bodies?

  14.  Has the regulation-maker set a date to review whether it is advisable to continue the burdens that the regulation imposes on persons and bodies or to remove the burdens?

Submissions to committee

   (3)  Despite the Standing Orders of the Assembly, any member of the Assembly may make submissions to the Standing Committee on Regulations and Private Bills on any question listed in subsection (2) with respect to any regulation.

Commencement

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

Short title

   3.  The short title of this Act is the Legislative Assembly Amendment Act (Standing Committee on Regulations and Private Bills), 2011.

EXPLANATORY NOTE

The Bill amends the Legislative Assembly Act with respect to the Standing Committee on Regulations and Private Bills that the Standing Orders of the Assembly require be established. At present, all regulations stand permanently referred to the Committee, but the Committee is prevented from examining the merits of the policy or objectives to be effected by the regulations. The Bill allows for that examination and allows any member of the Assembly to make submissions to the Committee for the purpose of that examination.