1998/99 Legislative Session: 3rd Session, 36th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE JOY K. MacPHAIL
MINISTER OF FINANCE AND CORPORATE RELATIONS
|2||Regulatory impact policies and procedures|
|3||No judicial review|
|4||Business Task Force on Regulatory Impact|
|5||Power to make regulations|
|6||Sunset provision and review|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
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.
2 (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.
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.
4 (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.
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.
6 (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.
7 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.
The Bill, which reflects recommendations made by the Business Task Force, requires the establishment and implementation of policies and procedures regarding the preparation and publication of regulatory impact statements.
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