Red Tape Reduction Regulation

(no amdt) ALBERTA REGULATION 130/2024 Red Tape Reduction Act RED TAPE REDUCTION REGULATION Table of Contents 1 Definitions 2 Exemptions 3 Reducing regulatory requirements 4 Ministry reporting 5 Annual report 6 Considerations when developing or reviewing regulatory requirements 7 Expiry 8 Coming into force Definitions 1 In this Regulation, (a) “baseline count” means the total number of regulatory requirements for a ministry as of February 28, 2020; (b) “direct compliance cost” means the direct cost of complying with a regulatory requirement and includes administrative costs, fees, upfront capital costs and operating costs; (c) “emergency” means a present or imminent situation or condition that requires prompt action to prevent or limit (i) the loss of life, (ii) harm or damage to the safety, health or welfare of people, or (iii) damage to property or the environment; (d) “reduction target” means the total number of regulatory requirements that must be reduced to achieve a 33% reduction against the baseline count; (e) “reporting period” means the period beginning on April 1 of a year and ending on March 31 of the following year; (f) “total number of regulatory requirements”, in relation to a ministry, means the total number of regulatory requirements for which a ministry is responsible; (g) “total reduction target” means the total of the reduction targets for all ministries. Exemptions 2 (1) The following are not regulatory instruments under section 1(f) of the Act: (a) any bylaws made by the board of directors of ATB Financial; (b) any bylaws made by the board of governors of a public post‑secondary institution in Alberta. (2) The following are not regulatory requirements under section 1(g) of the Act: (a) regulatory requirements that relate to practice and procedure in the proceedings of a court or tribunal; (b) regulatory requirements that relate to an agreement between the Government of Alberta and the governing body of another jurisdiction; (c) regulatory requirements that are validating or transitional in nature; (d) regulatory requirements that relate only to the employees of a ministry; (e) regulatory requirements that determine or change a fee, fine or tax rate; (f) regulatory requirements that are made in response to an emergency. Reducing regulatory requirements 3 (1) If the making or enactment of a regulatory instrument results in an increase in a ministry’s total number of regulatory requirements, the ministry must reduce the total number of regulatory requirements in accordance with this section within 2 years from the date the regulatory instrument is made or enacted. (2) If a ministry fails to meet the reduction target in a reporting period, the ministry must remove 1 regulatory requirement for each regulatory requirement added at the time the regulatory instrument was made or enacted. (3) If a ministry exceeds the reduction target by 2% or less in a reporting period, the ministry must remove 1 regulatory requirement for each regulatory requirement added at the time the regulatory instrument was made or enacted. (4) If a ministry exceeds the reduction target by more than 2% but less than 7% in a reporting period, the ministry must remove 2 regulatory requirements for every 3 regulatory requirements added at the time the regulatory instrument was made or enacted. (5) If a ministry exceeds the reduction target by 7% or more in a reporting period, the ministry must remove 1 regulatory requirement for every 3 regulatory requirements added at the time the regulatory instrument was made or enacted. (6) A ministry to which subsection (2) applies must provide a plan detailing how the ministry will further reduce the total number of regulatory requirements by at least 1% in each successive reporting period until the reduction target is met. (7) Notwithstanding anything in this section, if all ministries collectively fail to meet the total reduction target at the end of a reporting period, each ministry must remove 1 regulatory requirement for each regulatory requirement added at the time a regulatory instrument is made or enacted by the ministry until the total reduction target is met. Ministry reporting 4 (1) Each Minister shall submit a report on the red tape reduction strategies and initiatives of the ministry for which the Minister is responsible not more than 3 months after the end of the reporting period. (2) A report under subsection (1) must include (a) the net change in the total number of regulatory requirements over the reporting period, (b) the direct compliance cost changes resulting from the net change in the total number of regulatory requirements over the reporting period, (c) an update on the actual results of the ministry’s strategies and initiatives intended to reduce the total number of regulatory requirements over the reporting period, (d) an estimate of the net change in the total number of regulatory requirements for the current reporting period, (e) rationale for the estimate of the net change, if any, referred to in clause (d), (f) any plan under section 3(6), if applicable, and (g) any other information requested by the Red Tape Reduction Minister. (3) Notwithstanding subsection (2), if a report under subsection (1) shows an increase in the total number of regulatory requirements from the previous period, the report must include (a) an offset plan detailing how the Minister will reduce the total number of regulatory requirements in accordance with section 3, or (b) an alternative plan approved by the Red Tape Reduction Minister. (4) Each Minister shall submit the report to the Red Tape Reduction Minister in a form and manner established by the Red Tape Reduction Minister. Annual report 5 (1) The Red Tape Reduction Minister shall prepare and make publicly available an annual report no later than 10 months after the end of a reporting period. (2) The annual report must include (a) an update on the actual results of the strategies and initiatives intended to reduce regulatory requirements undertaken by the Government of Alberta over the reporting period, including direct compliance cost impacts, and (b) any other information the Red Tape Reduction Minister considers appropriate. Considerations when developing or reviewing regulatory requirements 6 (1) Each Minister shall consider the principles and issues set out in subsection (2) before a regulatory requirement is (a) enacted, amended or repealed, in the case of a regulatory requirement in a regulatory instrument that is an Act or regulation, or (b) made, amended or dispensed with, in the case of a regulatory requirement in a regulatory instrument that is a policy or form made by a ministry. (2) The principles and issues that each Minister shall consider include the following: (a) whether there is strong evidence of need for the regulatory requirement; (b) whether non‑regulatory alternatives have been considered to achieve the intended outcome; (c) whether meaningful engagement with stakeholders has occurred on the potential impact of the regulatory requirement on Albertans, industry and other stakeholders; (d) whether the regulatory requirement is related to the public interest, including health, safety, the environment and fiscal accountability; (e) whether the regulatory requirement achieves the intended outcome at minimal cost to government and Albertans; (f) whether information required to comply with the regulatory requirement is communicated clearly and in plain language to assist those persons required to comply with it; (g) whether the administrative burden of complying, and any potential penalty for non‑compliance, with the regulatory requirement are proportionate to the value generated by maintaining the regulatory requirement; (h) that the total number of regulatory requirements imposed by a regulatory instrument is minimized to the extent feasible. (3) Each Minister shall undertake an ongoing review to ensure the relevancy of any regulatory instrument that is made, enacted or amended, as the case may be. Expiry 7 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on August 1, 2029. Coming into force 8 This Regulation comes into force on the coming into force of section 12 of the Red Tape Reduction Statutes Amendment Act, 2024 .