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1998/99 Legislative Session: 3rd Session, 36th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 29th day of June, 1999

Ian D. Izard, Law Clerk

HONOURABLE JOY K. MacPHAIL

MINISTER OF FINANCE AND CORPORATE RELATIONS

BILL 81 – 1999

REGULATORY IMPACT STATEMENT ACT

Contents

Section

Definitions

Regulatory impact policies and procedures

No judicial review

Business Task Force on Regulatory Impact

Power to make regulations

Sunset provision and review

Consequential Amendment

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"regulatory authority" means an authority

empowered by or under

an Act to make a regulatory policy decision, but does not include

(

a) a municipality, improvement district or regional district, as

defined in the Municipal Act, or

(

b) the City of Vancouver;

"regulatory policy decision" means a decision

that is of general application and that would restrict, constrain or otherwise regulate

economic activity in British Columbia, whether or not the decision is to be implemented by

a regulation as defined in the Regulations Act, but does not include

(

a) a decision made in applying an existing regulatory policy to a

particular case, or

(

b) a decision to impose or collect a tax or fee.

Regulatory

impact policies and procedures

(1) The Minister of Finance and Corporate Relations must

establish and implement policies and procedures

(

a) to promote informed decision making by the government and

regulatory authorities through the preparation and use of regulatory impact statements,

and

(

b) to help make the government and regulatory authorities

accountable to the public for their regulatory policy decisions through the publication of

regulatory impact statements relating to those decisions.

(2) The policies and procedures may provide for any or all of the

following:

(

a) the form and content of regulatory impact statements;

(

b) the determination of which regulatory policy decisions require

the preparation of a regulatory impact statement;

(

c) how and when regulatory impact statements are to be published;

(

d) the submission of regulatory impact statements to the

registrar under the Regulations Act if the regulatory policy decisions, or the

class of regulatory policy decisions, to which the statements relate are to be implemented

by regulation;

(

e) any other matter the Minister of Finance and Corporate

Relations considers necessary to achieve the purposes of this Act.

No judicial review

3 A decision of the government or a regulatory authority

must not be questioned, reviewed or restrained by or on an application for judicial review

or other process or proceeding in any court on the grounds that the decision maker's

ability to make the decision was impaired by any failure to comply with the policies and

procedures established under

section 2.

Business Task

Force on Regulatory Impact

(1) The Minister of Finance and Corporate Relations must

establish a Business Task Force on Regulatory Impact consisting of members appointed by

the minister.

(2) The purpose of the task force is to provide the Minister of

Finance and Corporate Relations with advice relating to

(

a) the implementation of this Act and of the policies and

procedures established under

section 2, and

(

b) other regulatory policy matters.

Power to make regulations

5 The Lieutenant Governor in Council may make regulations

referred to in

section 41 of the

Interpretation Act, including regulations

exempting any regulatory authority from the application of this Act.

Sunset provision and review

(1) This Act is repealed on April 30 following the day

that is 4 years from the day on which this Act comes into force.

(2) At least 6 months before the day this Act is to be repealed,

the government must initiate a review process to determine whether this Act should be

re-enacted and what changes, if any, should be made.

Consequential Amendment

Regulations Act

Section 11 (2) of the Regulations Act, R.S.B.C. 1996, c. 402, is amended

by adding the following paragraph:

(a.1) specifying the circumstances in which the registrar is

prohibited from accepting a regulation for deposit until a regulatory impact statement is

submitted in accordance with the policies and procedures established under the

Regulatory Impact Statement Act.

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada