First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 54

AN ACT

RESPECTING

REGULATORY ACCOUNTABILITY AND REPORTING

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE EDDIE JOYCE

Minister

of Service Newfoundland and Labrador

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Regulatory Accountability and Reporting Act .

The Bill would

allow the adoption of a charter

of governing principles to promote sound regulatory governance;

require oversight, monitoring

and reporting on the application of the charter; and

allow a report on the

application of the charter to become part of a report of the joint office of

the Atlantic provinces .

A BILL

AN ACT RESPECTING

REGULATORY ACCOUNTABILITY AND REPORTING

Analysis

Short title

Definitions

Charter

Role of office

Annual report

Regulations

Legal proceeding

Effect of Act and charter

Review of joint office and Act

Expiry of Act

Commencement

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

(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

(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

(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

(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.

Queen's Printer