The Government of Canada’s Regulatory Modernization Agenda
1 Environmental Analysis
The federal regulatory system impacts almost every sector of the economy and Canadians’ lives…
Almost 50 Departments and Agencies have regulatory responsibilities 25K FTEs perform regulatory functions
150-300 regulatory 400 Acts with proposals 2,600 reviewed and Regulations approved annually by Treasury Board …this work requires coordination across departments and among governments, at the provincial, territorial, and international levels. 2 Regulatory Modernization in Canada
The Government’s Modernization Agenda Stakeholders have called for the Government to take action to make Canada’s system more agile. Since 2016, TBS has been working to modernize Canada’s regulatory framework
Budget 2018 allocated funds to support regulatory modernization work at TBS: Development of an online Funding to support Targeted reviews, over the consultation platform to Canada’s leadership on next three years, of engage Canadians on internal trade at the regulatory requirements regulations to improve Federal/Provincial/ and practices that are bottlenecks to innovation, the transparency and Territorial Regulatory starting with 3 sectors: efficiency of the overall Reconciliation and regulatory process • agri-food and aquaculture; Cooperation Table (RCT) • health/bio-sciences; and • transportation and 3 infrastructure New initiatives from the 2018 Fall Economic Statement (“Mini Budget”)
Enhance government capacity to An annual regulatory Create a simpler and more efficient address competitiveness modernization bill regulatory system through early wins challenges
Explore regulatory efficiency and Create an External Advisory Establish a Centre for economic growth as part of Committee on Regulatory Regulatory Innovation regulators’ mandates Competitiveness 4 Modernization work has also included changes to Cost- Benefit Analysis requirements The new Cabinet Directive Cost-based trigger streamlined on Regulation, which sets CBA requirements are out the rules for regulators proportionate to the cost-impact in how they develop, level (low or significant). manage and review Analytical Requirements Refined regulations, includes new Analytical requirements have been rules for CBAs. updated and a new standardized template is required More Transparency: Reporting (new) CBAs are published in the RIAS; an annual Report Stakeholders supported to Parliament outlines the benefits and costs of these changes for more significant federal regulations, and the One-for- rigorous, transparent One Rule CBAs. More Transparency x 2: Consultation (new)
Regulators must consult meaningfully with stakeholders on CBA assumptions, during the regulatory development process, and report on these consultations in the RIAS 5 Regulatory Modernization: Expected Results
Strengthened transparency with stakeholders, with more opportunities to engage throughout the regulatory lifecycle
Increased analytical rigour, which will include considering the competitiveness impacts of regulations
Supporting and embracing innovation in all areas of the regulatory system, while maintaining world-class health, safety and security protections for Canadians and the environment.
Championing regulatory cooperation to eliminate unnecessary regulatory barriers.
Enhancing regulatory review functions across the Government to improve performance and agility.
6 Thank you
For more information, visit…
www.canada.ca/en/treasury-board-secretariat/services/federal- regulatory-management.html
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Treasury Board of Canada Secretariat
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7 Annex 1: Key features of the Cabinet Directive on Regulation
The new CDR is based on three concepts:
Regulatory lifecycle Emphasize the life-cycle Government priorities approach to regulating (development, management, The Directive is consistent and review) with Government priorities: Good Regulatory Practices • Regulatory cooperation • Gender-based analysis Strengthen foundational • Environmental impacts requirements for good • Indigenous consultations regulation (e.g., consultation, • Retrospective stock transparency, cost-benefit review to ensure results analysis and evidence-based decisions) 8 Annex 2: Canada’s Regulatory Cooperation Fora
Canada-United States Canadian Free Trade Canada - European Union Regulatory Cooperation Agreement- Regulatory Comprehensive Economic Council Reconciliation and and Trade Agreement- Cooperation Table Regulatory Cooperation Forum
• Established in 2017 through • Established to identify • Established in 2011 the Canadian Free Trade potential areas for Agreement cooperation, facilitating • Memorandum of discussions between Understanding signed in • First work plans with 23 regulatory authorities, June 2018 in Washington, areas for reconciliation and sharing information. D.C. cooperation were published in July 2018 • First meeting was held in • Meeting of 300 U.S. and December 2018 where 5 Canadian regulators and • 4 finalized reconciliation work plan items were stakeholders was held in agreements are anticipated announced. December 2018 by end January 2019 9 Annex 3: Early Wins announced in the FES
Agri-Food and Aquaculture: • Improve Timeliness of Pre-Market Assessments • Highlight Safe Food for Canadians Regulations • Implement Digital First Approach • Improve Guidance on Plants With Novel Traits • Implement a Duplication Initiative • Implement a Trusted Trader Approach • Introduce General Aquaculture Regulations • Implement Food Labelling Modernization Proposals • Facilitate Approval of Veterinary Drugs Using Foreign • Amend Beer Compositional Standards Reviews • Reduce Barriers to Interprovincial Trade • Facilitate Approval of Food Using Foreign Reviews • Introduce Fertilizer Regulatory Modernization • Introduce Feed Regulatory Modernization
Health and Bio-Sciences: • Modernize Clinical Trial Record Retention Requirements • Modernize Digital Health Product Authorizations, Including Artificial Intelligence
Transportation and Infrastructure: • Amend the Canadian Aviation Regulations to Allow the • Advance Truck Platooning System Test bed Use of Personal Electronic Devices on Board Aircraft • Support Test Ranges for Remotely Piloted Aircraft • Introduce Cybersecurity Guidance for Automated and Systems Connected Vehicles (AV/CV) • Support Pilot Projects for Industry Use of Remotely • Support the Harmonization of Building Codes through Piloted Aircraft Systems the Canadian Free Trade Agreement Regulatory • Amend the Canadian Aviation Regulations to enable Reconciliation and Cooperation Table mainstream use of remotely piloted aircraft systems 10