Chapter 10 : Deregulation/ Regulatory Review
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Objective
APEC
economies will facilitate free and open trade and investment in the
Asia-Pacific Region by, inter alia: a.
enhancing the
transparency of regulatory regimes (including through the use of new technologies);
b.
eliminating
domestic regulations that may distort or restrict trade, investment or
competition and are not necessary to achieve a legitimate objective; and c.
speeding up
reforms which encourage efficient and well functioning product, labour and capital
markets and supportive of institutional frameworks. |
Guidelines
Each APEC
economy will: a. explore economy wide processes for the transparent and accountable identification and review of domestic regulations that may distort or restrict trade, investment or competition; b.
consider the
adoption of regulatory reform to reduce those distortions and their resulting
costs, whilst maintaining the achievement of legitimate objectives; and c. promote the consideration of competition policy in regulatory reform. |
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Collective Actions
APEC
economies, taking into account work done in other areas of APEC activity
will: a. publish annual reports detailing actions taken by APEC economies to deregulate their domestic regulatory regimes; and b.
develop
further actions taking into account the above reports, including;
i.
policy
dialogue on APEC economies’ experiences in regard to best practices in
deregulation, including the use of individual case studies to assist in the
design and implementation of deregulatory measures, and consideration of
further options for a work program which may include: -
identification
of common priority areas and sectors for deregulation; -
provision of
technical assistance in designing and implementing deregulation measures; and -
examination
of the possibility of establishing APEC guidelines on domestic deregulation;
and
ii.
regular
dialogue with the business community, including a possible symposium.
The current
CAP relating to deregulation/regulatory review can be found in the Deregulation
Collective Action Plan. |
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Canada’s
Approach to Deregulation/Regulatory Review in 2003
Canada has a
long-standing commitment to freer trade as the engine of economic growth. An
original member of the GATT and the WTO, Canada has established one of the
most liberal and transparent regulatory regimes in the world. Canada views
regulatory management and reform as an ongoing process of improvement. Canada’s Regulatory Policy, a seven-point
directive to all federal regulation-making authorities concerning subordinate
regulation-making powers, drives the country’s regulatory process. The Regulatory Policy’s objective is to
ensure that use of the government's regulatory powers results in the greatest
net benefit to Canadians. The
Regulatory Policy requires that regulatory authorities make an assessment of
an issue before deciding to regulate and describe the principles that govern
the development of regulations. In
particular, the Regulatory Policy directs, inter alia, that authorities
ensure regulations are in accordance with Canada’s obligations in
international agreements, specifically the WTO Agreement on Technical
Barriers to Trade Agreement (TBT) and the Agreement on the Application of
Sanitary and Phytosanitary Measures (SPS). The Regulatory Policy also
requires that regulatory departments and agencies have systems in place to
manage regulatory resources effectively, in accordance with Regulatory
Process Management Standards, and that they have the resources to properly
implement and enforce regulations. In Fall 2002, the Canadian government
announced in the Speech from the Throne, the ‘Smart Regulation’ strategy to
accelerate regulatory reforms in key areas to promote health and
sustainability, to contribute to innovation and economic growth, and to
reduce the administrative burden on business. Federal departments and agencies are leading work in
the priority areas noted in the Speech from the Throne such as
pharmaceuticals (ensuring that Canadians have faster access to the drugs they
need), copyright rules, streamlined environmental assessment practices, food
safety, and confidence in Canada’s security structure. To pursue the strategy over the longer-term
an External Advisory Committee on Smart Regulation (EACSR) was established in
early 2003 to make recommendations to the government on where it needs to
redesign its regulatory approach to create and maintain a Canadian
advantage. EACSR is currently
undertaking background
research and analysis on the public interest in Canada, international
regulatory cooperation, federal-provincial coordination, Canada’s regulatory
governance system, risk management, and alternatives to regulation. Committee recommendations are
expected by June 2004.
The
Smart Regulation initiative builds on work done as part of the major OECD
review of Canada’s regulatory system as well as the National Innovation
Strategy which set out a number of goals, including completing expert reviews
of Canada's most important regulatory regimes. Web Links to
further information: Details of
Canada’s regulatory system, including the current Regulatory Policy as well as guides and tools (e.g., RIAS
writers guide) , can be found at: http://www.pco-bcp.gc.ca/raoic Smart Regulation, http://www.pco-bcp.gc.ca/sft-d External Advisory Committee on Smart
Regulation, Press Release -
"Prime Minister Names Members of the External Advisory on Smart Regulation" Press Release -
"Prime Minister appoints Gaétan Lussier as new chair of The External
Advisory Committee on Smart Regulation" http://www.pm.gc.ca/default.as National
Innovation Strategy, http://www.innovationstrategy. OECD Review of
Regulatory Reform in Canada - Maintaining Leadership Through Innovation
(2002), http://www.oecd.org/ Contacts: Question
related to regulation and international trade can be directed to angela.behboodi@dfait-maeci.gc.ca Questions
related to the regulatory management and quality control mechanisms can be
directed to jaylard@pco-bcp.gc.ca Questions
related to the External Advisory Committee on Smart Regulation can be
directed to fpegeot@pco-bco.gc.ca |
Canada’ Approach to Deregulation/Regulatory Review in 2003 |
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Section
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Improvements Implemented Since Last
IAP |
Current Regulatory Review Policies /
Arrangements |
Further Improvements Planned |
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Position |
Early
in 2003, |
Canada’s
Regulatory Policy, a seven-point directive to all federal regulation-making
authorities concerning subordinate regulation-making powers, drives the
country’s regulatory process. The
Regulatory Policy’s objective is to ensure that use of the
government's regulatory powers results in the greatest net benefit to
Canadians. Canada
views regulatory management and reform as an ongoing process of
improvement. “Smart
Regulation”, including the creation of an independent advisory body (i.e.,
External Advisory Body on Smart Regulation) launched a new era in federal
reform action aimed at improved regulatory management. Smart Regulation aims
to accelerate regulatory reforms in key areas to promote health and
sustainability, to contribute to innovation and economic growth, and to
reduce the administrative burden on business. Work has been initiated to develop a capacity-community building strategy for federal public servants
carrying out the government’s regulatory responsibilities. Canada
is continuously examining the scope for both the international harmonization
of regulations, and the reduction of barriers to trade. |
The EACSR is mandated to
make recommendations for the development of a regulatory strategy designed
for the 21st century which are expected in June 2004. Smart Regulation provides an opportunity for departments and the
Privy Council Office, which plays a central coordinating role, to reflect on
current regulatory policy and process and to make recommendations for
revisions if necessary. |
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Identification and Review of Proposed Regulations |
Early work is underway to identify
meaningful and relevant performance measurement of federal regulatory
programs, responsive to transparency and accountability expectations,
including those of key international partners. |
Policy Approach for Transparent Review of Proposed RegulationsThe
Regulatory Policy requires that Canadians are consulted, and that they have
an opportunity to participate in developing or modifying regulations and
regulatory programs. The Government
of Canada is committed to working with industry, labour, interest groups,
professional organizations, other governments and interested individuals. Since
1986, the Government of Canada has required that a Regulatory Impact Analysis
Statement (RIAS) accompany each proposed regulation. RIASs
include a description of what the Government is proposing to do, who has been
consulted, what has been said, and what has resulted. RIASs are used both as
information documents for Ministers who examine the regulations, as well
as public consultation documents.
Draft regulations are published, together with the RIAS, in the Canada
Gazette, Part I to provide an additional opportunity for public comment on
upcoming regulations. The Canada
Gazette can be found at: http://publiservice.gc.ca/serv Barriers to TradeAppendix
A of the Regulatory Policy sets out obligations for regulators with respect
to International and Intergovernmental Agreements. When developing or changing technical regulations, regulatory
authorities must take into account Canada’s obligations as laid out in the
WTO Agreement on Technical Barriers to Trade (TBT) and the Agreement on
Sanitary and Phytosanitary Measures
(SPS), the NAFTA Articles on Technical Barriers to Trade (Chapter 9),
Sanitary and Phytosanitary Measures (Section B of Chapter Seven), and other
multilateral, regional, and bilateral Agreements referring to regulations and
standards. |
RIASThe
OECD review of Canada’s regulatory reform, released in 2002, applauded
Canada’s regulatory process, It also noted that the RIAS could be improved
through greater attention to market openness issues. |
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Identification and Review of Existing Regulations |
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The
Government of Canada uses a number of strategies to identify and review
existing regulations, including: Parliamentary Committee
studies, reviews, audits, government-stakeholder or intergovernmental working
groups, advisory councils, public meetings, independent reports, and formal
or informal consultation.
Regulatory Review of Existing Regulation At
present, it is the Government of Canada’s policy that the discipline of
evaluation be embedded in the management of all policies, programs and
initiatives, including regulatory programs.
The goal is to help managers determine whether initiatives are
delivering intended results and to continually implement improvements. Barriers to TradeWhen
developing or changing technical regulations, regulatory authorities must
take into account Canada’s obligations as laid out in the WTO Agreement on Technical
Barriers to Trade (TBT) and the Agreement on Sanitary and Phytosanitary
Measures (SPS), the NAFTA Articles on Technical Barriers to Trade (Chapter
9), Sanitary and Phytosanitary Measures (Section B of Chapter Seven), and
other multilateral, regional, and bilateral Agreements referring to
regulations and standards. |
Please
see the above references to Smart Regulation initiatives and the National
Innovation Strategy. |
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Reform of Industry/Sector Specific Regulation |
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Regulatory ReformThrough
the Regulatory Policy, Canadian government departments and agencies must
comply with the provisions of international agreements, inter alia, the WTO-
TBT and SPS Agreements. |
Please
see the above reference to the Smart Regulation Initiative |
Improvements in Canada’s Approach to Deregulation/Regulatory Review since 1996 |
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Section |
Position at Base Year (1996) |
Cumulative Improvements Implemented
to Date |
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Position |
The Government of Canada revised and
updated its Regulatory Policy, which had been in effect since 1986. One of the most substantive changes to the
Regulatory Policy was the incorporation of the Regulatory Process Management
Standards, which are intended to provide a framework to ensure a high quality
of departmental regulatory processes and to deliver better regulations.
Regulatory authorities are expected to adopt and report on their compliance
with these standards (1995). The
Government of Canada revised and updated its Regulatory Policy (1995). A
Deputy Minister level “Challenge Team” was established to examine ongoing
improvements in regulatory governance. (1996). Canada
has continuously examined the scope for international harmonization of
regulations in accordance with its obligations in international agreements,
specifically the WTO Agreement on Technical Barriers to Trade (TBT) and the
Agreement on the Application of Sanitary and Phytosanitary Measures (SPS). |
Please
see the above references to Smart Regulation initiatives and the National
Innovation Strategy. Responsibility
for the Regulatory Policy was transferred to the Special Committee of Council
(SCC) to enhance regulatory accountability, and provide a more consistent
treatment and consideration of proposed regulatory initiatives. In addition, a new Secretariat was
established within the Privy Council Office to consolidate support for SCC’s
regulatory responsibilities (1999). Canada
updated and revised the 1995 Regulatory Policy to clarify existing
requirements (1999). A
number of assessments of the Regulatory Policy and process have been
conducted following the establishment of the new Secretariat. For example, a 2000 study focussing on the
contribution of regulatory impact analysis on decision making and the
development of regulations concluded that requirements prompted greater
attention to alternatives and costs and benefits. Consultation, in
particular, had an impact on decision making, with changes being made to
regulatory proposals as a result of stakeholder comment. Capacity-building/training initiatives
have also been launched (e.g., creation of on-line regulatory process
learning tool). |
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Identification and Review of Proposed Regulations |
Barriers to TradeThe
Regulatory Policy requires regulators to comply with Canada’s international
obligations related to barriers to trade. As such, Canada complied with its
obligations in the WTO Agreement on Technical Barriers to Trade Agreement
(TBT) and the Agreement on the Application of Sanitary and Phytosanitary
Measures (SPS), and notified the WTO Secretariat in 1996 under Article 15.2
of the TBT Agreement that Canada’s implementation of these Agreements
required little change. For
further information, please contact: victor.bradley@dfait-maeci.gc.ca Processes
for transparent review of regulations The
Regulatory Policy requires that Canadians are consulted, and that they have
an opportunity to participate in developing or modifying regulations and
regulatory programs. The Government
of Canada is committed to working with industry, labour, interest groups,
professional organizations, other governments, and interested individuals. Since
1986, the Government of Canada has required that a Regulatory Impact Analysis
Statement (RIAS) accompany each proposed regulation. RIASs include a description of what the
Government is proposing to do, who has been consulted, what has been said,
and what has resulted. RIASs are used both as information documents for
Ministers who examine the regulations, as well as public consultation documents. Draft regulations are published,
together with the RIAS, in the Canada Gazette, Part I to provide an
additional opportunity for public comment on upcoming regulations. The Canada Gazette can be found at: http://publiservice.gc.ca/serv |
Please
see the above references to Smart Regulation initiatives
and the National Innovation Strategy. Please see text
in box above. |
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Identification and Review of Existing Regulations |
Regulatory Review of Existing RegulationIn
consultation with the private sector, the Government of Canada undertook a
comprehensive review of existing federal regulations with the objective of
evaluating and streamlining regulations and determining if they were still
appropriate. This effort resulted in
835 regulations (out of about 2,800
regulations then listed in the Consolidated Index of Statutory Instruments)
being identified for revisions or elimination over the period 1993 to 1998. Subsequent to these broad‑scale
reviews, Canada has taken a more targeted approach. A number of pieces of Canadian legislation have
incorporated specific provisions for a comprehensive
review of the provisions and operation of the Act within
a set time period (e.g., Canadian Environmental
Protection Act). Suggest
deleting next para and related contact info - It is the Government of
Canada’s policy that the discipline of evaluation be imbedded into the life
cycle management of all policies,
programs and initiatives, and that evaluation work be planned and carried out
based on an assessment of risks and departmental and government-wide
priorities. A set of standards form
part of Canada’s evaluation policy.
These standards provide clear expectations for the conduct of quality
evaluation in all areas, including those related to regulation. A set of
standards form part of Canada’s evaluation policy. These standards
provide clear expectations for the conduct of quality evaluation in all
areas, including those related to regulation. For
further information, please visit: http://publiservice.tbs-sct.gc |
Please
see the above references to Smart Regulation initiatives and the National
Innovation Strategy. Please see text
in box above. |
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Reform of Industry/Sector Specific Regulation |
When
developing or changing technical regulations, regulatory authorities must
take into account Canada’s obligations as laid out in the WTO Agreement on
Technical Barriers to Trade (TBT) and the Agreement on Sanitary and
Phytosanitary Measures (SPS), the NAFTA
Articles on Technical Barriers to Trade (Chapter 9), Sanitary and
Phytosanitary Measures (Section B of Chapter Seven), and other multilateral,
regional, and bilateral Agreements referring to regulations and standards. As
part of its Jobs and Growth Strategy, Canada conducted sector reviews in the
areas of: automotive and auto parts manufacturing; forest products;
biotechnology; aquaculture; mining; and health, food and therapeutic
products. (1994) |
Over
the last five years, Canada has adopted
an Act to establish the Financial Consumer Agency of Canada and amend certain
acts in relation to financial institutions(14 June 2001). The Act introduced
sweeping regulatory reforms including measures to enhance efficiency and
increase domestic competition; improvements to the regulatory environment;
and increased consumer protection. In
addition, the Canada Business Corporations Act (14 June 2001) was amended to
permit electronic communications between corporations and their shareholders
(paper records of such communications are no longer required). Finally,
the Personal Information and Electronic Documents Act (13 April 2001) was
adopted. This Act will protect the personal information of individuals when
it is used in the course of commercial activities in Canada. It will help to
build trust in E-Commerce with its assurance of protection for personal
information in digital form. |