Be it enacted by the Lieutenant-Governor and House of Assembly in
Legislative Session convened, as follows:
Short title
1. This
Act may be cited as the Regulatory
Accountability and Reporting Act.
Definitions
2. In this Act
(a) "charter"
means the charter of governing principles adopted under this Act;
(b) "joint office" means the Joint
Office of Regulatory Affairs and Service Effectiveness established by agreement
between the government of the province and the governments of Nova Scotia, New
Brunswick and Prince Edward Island, and with those other governments as may,
from time to time, partner in it;
(c) "minister" means the minister
appointed under the Executive Council Act
to administer this Act;
(d) "office"
means the office designated by the minister to carry out the duties and
responsibilities under this Act;
(e) "regulation"
includes
(i) a statutory, regulatory, procedural or
administrative rule or other requirement governing citizens, businesses or
other organizations, and
(ii) a regulation within the meaning of the Statutes and Subordinate Legislation Act;
and
(f) "regulatory
governance" includes the principles, processes, procedures and practices
by which a regulation is developed, assessed, proposed, scrutinized, measured
and monitored for impact and publicly reported on.
Charter
3. (1) The minister may adopt a charter of governing
principles for regulations to promote sound regulatory governance.
(2) The
charter shall include principles that the minister believes, based on the
advice of the office, will further the purpose of this Act and reflect best
practice in regulatory governance.
Role of office
4. (1) The office shall oversee, monitor and,
in accordance with this Act, report on the application of the charter.
(2) The
office shall advise and assist the minister and the departments, agencies,
boards and commissions of the government of the province in achieving the purpose
of this Act and the charter.
Annual report
5. (1) The minister shall make available to
the public an annual report with respect to the work of the office in relation
to this Act, including
(a) the
progress made in improving regulations and reducing regulatory burden; and
(b) the
goals and objectives of the office for the coming year.
(2) The report may be presented as part of a
report by the joint office.
Regulations
6. The minister may make regulations
(a) respecting the form, publication and contents
of the annual report referred to in section 5;
(b) respecting the responsibilities and duties of
the office;
(c) respecting principles, practices, procedures,
measures, targets, goals or other requirements, the adoption of which, in the
opinion of the minister, is necessary or desirable for ensuring the efficiency,
accountability or transparency of regulations and good regulatory practice and
governance;
(d) classifying regulations and prescribing
different requirements by class for the purpose of this Act;
(e) requiring that a class or classes of regulations
proposed to be adopted and affecting business come into force on a common
designated date or dates each year;
(f) excluding any class, form or type of
regulation from the scope of application of this Act;
(g) defining any word or expression used but not
defined in this Act; and
(h) generally, for the
purpose and administration of this Act.
Legal proceeding
7. Nothing in this Act
(a) creates
a right of action; or
(b) entitles
a person to commence a legal proceeding or affects any legal proceeding.
Effect of Act and charter
8. Non-compliance with the principles set out in
this Act or the charter does not affect whether a regulation is of legal force
and effect.
Review of joint office and Act
9. (1) Within 3 years of this Act coming into
force, a comprehensive review of the joint office and the provisions and
operations of this Act shall be undertaken as determined by the minister.
(2) The
minister shall, within a year after the review is undertaken or within the further
time that may be authorized by the House of Assembly, report on the review, including
a statement of any changes that the minister recommends, to the House of
Assembly.
Expiry of Act
10. This
Act ceases to have effect 5 years after it comes into force.
Commencement
11. This Act comes into force on a day to be
proclaimed by the Lieutenant-Governor in Council.
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