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SNL2016 CHAPTER R-10.02

REGULATORY ACCOUNTABILITY AND REPORTING ACT
[To be Proclaimed ]
 [Act expires 5 years after it comes in force]

Amended:

 

CHAPTER R-10.02

AN ACT RESPECTING
REGULATORY ACCOUNTABILITY AND REPORTING

(Assented to December 14, 2016)

Analysis



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 .

2016 cR-10.02 s1

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Expiry of Act

      10. This Act ceases to have effect 5 years after it comes into force.

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Commencement

      11. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.

2016 cR-10.02 s11