BILL 15
Regulatory Accountability and Reporting Act
WHEREAS the Government of New Brunswick recognizes that the climate for economic growth and prosperity in the Province, including the productivity of its private and public sectors, is directly affected by the efficiency, transparency and accountability of regulation and the quality of regulatory governance; and
WHEREAS the Government of New Brunswick recognizes that regulation is essential to protect interests such as public health and safety, the environment, workers and consumers; and
WHEREAS the Government of New Brunswick endeavours to ensure that regulations are made only after full identification and examination of their impact and that they are not more broad, intrusive, complex or costly to citizens, businesses and other organizations than is necessary; and
WHEREAS the Government of New Brunswick is committed to improving the efficiency, transparency and accountability of regulation; and
WHEREAS the Governments of New Brunswick, Nova Scotia and Prince Edward Island have entered into an agreement dated November 6, 2015, under which they have established and become partners in the joint Office of Regulatory and Service Effectiveness, comprising Nova Scotia’s Office of Regulatory Affairs and Service Effectiveness and its counterparts in New Brunswick and Prince Edward Island; and
WHEREAS the purpose of the Joint Office is to take action on opportunities for regional regulatory reform among the governments of the three provinces and such other governments as may from time to time agree to become partners in the Joint Office;
THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Definitions
1 The following definitions apply in this Act.
“Charter” means the Charter of Governing Principles for Regulation established under this Act. (Charte)
“department” means the portions of the public service of the Province specified in Part I of the First Schedule of the Public Service Labour Relations Act. (ministère)
“Joint Office” means the joint Office of Regulatory and Service Effectiveness established by agreement between the Government of New Brunswick and the Governments of Nova Scotia and of Prince Edward Island, and with such other governments as may from time to time partner in it. (Bureau commun)
“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act. (ministre)
“regulation” means (réglementation)
(a) a statutory, regulatory, procedural or administrative rule or other requirement governing citizens, business or other organizations,
(b) a regulation as defined in the Regulations Act, and
(c) any other document prescribed by regulation.
“regulatory governance” includes, subject to the regulations, the principles, processes, procedures and practices by which regulation is developed, assessed, proposed, scrutinized, measured and monitored for impact and publicly reported on. (gouvernance réglementaire)
Charter
2( 1) The Minister may adopt a Charter of Governing Principles for Regulation to promote sound regulatory governance.
2( 2) The Charter shall include principles that the Minister believes, based on the advice of the Joint Office, will further the purpose of this Act and reflect best practice in regulatory governance.
Role of Minister and Joint Office
3( 1) The Minister shall oversee, monitor and, in accordance with this Act, report on the application of the Charter.
3( 2) The Joint Office shall advise and assist departments in achieving the purposes of this Act and the Charter.
Annual report
4( 1) On or before June 30 of each year, the Minister shall make available to the public an annual report with respect to the work of the Joint Office, including the following:
(a) the progress made in improving regulation and reducing regulatory burden, and
(b) the goals and objectives of the Joint Office for the coming year.
4( 2) The report may be presented as part of a report by the Joint Office on regional regulatory reform.
Legal proceeding
5 For greater certainty, 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
6 No regulation is invalid or defective by reason only that it does not comply with this Act or the Charter.
Review of Act
7( 1) Within three years after the date this Act comes into force, a comprehensive review of the Joint Office and the provisions and operation of this Act shall be undertaken as determined by the Minister.
7( 2) Within one year after the review is undertaken or within any further time authorized by the Legislative Assembly, the Minister shall submit a report on the review to the Clerk of the Legislative Assembly, including a statement of any changes that the Minister recommends.
Regulations
8 The Lieutenant-Governor in Council may make regulations
(a) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both;
(b) governing the form, publication and contents of the annual report referred to in section 4;
(c) governing principles, processes, procedures, practices, 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 regulation and good regulatory practice and governance;
(d) classifying regulations and prescribing different requirements by class for the purposes 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) designating a date or dates for the purposes of paragraph (e);
(g) exempting any class, form or type of regulation from the application of this Act;
(h) prescribing anything required to be prescribed by this Act;
(i) governing any other matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
Expiry of Act
9 This Act expires on the fifth anniversary of its commencement date unless otherwise determined by resolution of the Legislative Assembly.