Regulatory Stock Review Plan 2023-2026
Title or Working Title of the Regulation(s) |
Access to Information Act Extension Order, No. 1 |
Enabling Act(s) |
Access to Information Act |
Rationale |
The regulation will be reviewed in the context of the Treasury Board of Canada Secretariat’s review of the Access to Information Act (ATIA). |
Narrative |
The ATIA provides a right of access to records under the control of a government institution to every individual who is a Canadian citizen or a permanent resident. The Access to Information Act Extension Order, No. 1 extends this right of access to all individuals who are present in Canada and all corporations that are present in Canada. Given that the ATIA is presently under review and that there is increased pressure for a universal right of access, a review of this regulation is also proposed to assess if any changes are required. The Minister of Justice is responsible for this regulation while the President of the Treasury Board is responsible for the review of the ATIA. |
Date of last review or amendment (Year) |
The regulation was last amended in 2001. |
Targeted start for review (Year) |
2021 |
Stakeholder Feedback |
N/A |
Outcomes(once complete)
|
N/A |
For further information |
Access to Information Act Extension Order, No.1,SOR/89-207 |
Departmental or agency contact: |
Carolina Mingarelli, Director and General Counsel |
| Title or Working Title of the Regulation(s) | Sections 9 and 10 of, and Schedules I and II to theAccess to Information Act Regulations, SOR/83-507 |
| Enabling Act(s) | Access to Information Act |
| Rationale | The provisions will be reviewed in the context of the Treasury Board of Canada Secretariat’s review of the Access to Information Act (ATIA). |
| Narrative | Certain records that contain information relating to investigations can be exempted from disclosure under the ATIA. Paragraph 16(1)(a) of the ATIA protects information obtained or prepared in the course of a lawful investigation conducted by an investigative body designated as such in the Access to Information Regulations. Paragraph 16(4)(c) of the ATIA provides that certain classes of investigations specified by the regulations constitute investigations for the purposes of the exemptions under paragraphs 16(1)(b) and (c) of the ATIA. The manner of designating investigative bodies and categories of investigations under the ATIA should be simplified and a partial review of the Access to Information Act Regulations is proposed to examine various options to do so. The Minister of Justice is responsible for sections 9 and 10 of, and Schedules I and II to, the Access to Information Act Regulations while the President of the Treasury Board is responsible for the rest of the regulation and with respect to the review of the ATIA. |
| Date of last review or amendment (Year) | Schedule I was last amended in 2018. Schedule II to the Regulation was last amended in 1985. |
| Targeted start for review (Year) | 2021 |
| Stakeholder Feedback (once complete) |
N/A |
Outcomes (once complete)
|
N/A |
| For further information | Access to Information Act Regulations, SOR/83-507 |
| Departmental or agency contact: | Carolina Mingarelli, Director and General Counsel |
Title or Working Title of the Regulation(s) |
Privacy Act Extension Order No. 1,SOR/83-553 |
Enabling Act(s)
|
Privacy Act |
Rationale |
These regulations will be reviewed in the context of the modernization of the Privacy Act. |
Narrative
|
Currently, the Privacy Act provides a right of access to one’s own personal information to every individual who is a Canadian citizen or a permanent resident. The Privacy Act Extension Order No. 1 and the Privacy Act Extension Order, No. 2 extend the right of access to one’s personal information to every individual present in Canada. The Privacy Act Extension Order, No. 3 further extends the right of access to individuals outside of Canada. A review of these regulations is also proposed in the context of the initiative currently underway to modernize the Privacy Act. The Minister of Justice is responsible for these regulations and for the review of the Privacy Act. |
Date of last review or amendment (Year) |
N/A |
Targeted start for review (Year) |
The review of the Privacy Act was announced in 2016 and is ongoing. |
Stakeholder Feedback |
N/A |
Outcomes (once complete)
|
N/A |
For further information |
Privacy Act Extension Order No. 1,SOR/83-553 Privacy Act Extension Order, No. 2, SOR/89-206 Privacy Act Extension Order, No. 3, SOR/2021-174 |
Departmental or agency contact: |
Carolina Mingarelli, Director and General Counsel |
Title or Working Title of the Regulation(s) |
The Privacy Regulations, SOR/83-508 |
Enabling Act(s)
|
Privacy Act |
Rationale |
All the provisions of the Privacy Regulations will be reviewed as part of the Privacy Act modernization initiative. |
Narrative
|
All provisions of the Regulations are being reviewed in the context of the Privacy Act modernization initiative. This involves identifying the provisions of the Regulations that should be retained, added, repealed or modified, taking into account the proposals for modernizing the Privacy Act. The Minister of Justice is responsible for the Privacy Act modernization, and shares responsibility for the Privacy Regulations with the President of the Treasury Board, with whom he works closely. |
Date of last review or amendment (Year) |
The Privacy Regulations were last amended in 2022. |
Targeted start for review (Year) |
The review of the Privacy Act was announced in 2016 and is ongoing. |
Stakeholder Feedback |
N/A |
Outcomes (once complete)
|
N/A |
For further information |
Privacy Regulations, SOR/83-508 |
Departmental or agency contact: |
Carolina Mingarelli, Director and General Counsel |
Title or Working Title of the Regulation(s) |
Canadian Human Rights Benefit Regulations, SOR/80-68 |
Enabling Act(s)
|
Canadian Human Rights Act (CHRA) |
Rationale |
The Canadian Human Rights Benefit Regulations will be reviewed for their consistency with contemporary human rights law and actuarial practices as well as their utility for employees, employers, and plan administrators. |
Narrative
|
The Canadian Human Rights Benefit Regulations were enacted pursuant to s. 18 of the Canadian Human Rights Act (now s. 22). They have not been amended since 1985. The regulations include a list of distinctions (on the basis of age, sex, marital status, family status, and disability) which can be used in the administration of various employment benefits plans. The regulations protect these benefit plans from discrimination complaints under the CHRA in order to allow employers to utilize standard actuarial practices to limit potential costs and efficiently administer the plans. The regulations apply to insurance plans and pension plans, whether or not the terms and conditions thereof have been set out in writing, provided by federally regulated public and private sector employers. (Note that s. 62 of the CHRA exempts major legislated public sector pension plans from the application of the CHRA.) |
Date of last review or amendment (Year) |
Unknown. |
Targeted start for review (Year) |
2021 |
Stakeholder Feedback |
Requirement: A brief statement is included to summarize stakeholder input and/or considerations. This section is included once stakeholders are consulted on the review plan. |
Outcomes (once complete)
|
Requirements: A brief statement is included to describe the outcomes for the regulation(s). This section is included once the review is complete.
|
For further information |
Canadian Human Rights Benefit Regulations, SOR/80-68, https://laws.justice.gc.ca/eng/regulations/SOR-80-68/. |
Departmental or agency contact: |
Amelia Calby-Muzyka |
Title or Working Title of the Regulation(s) |
Amendments to the Release of Information for Family Orders and Agreements Enforcement Regulations, SOR/87-315 (Regulations) |
Enabling Act(s) |
Family Orders and Agreements Enforcement Assistance Act (FOAEAA) as amended by former Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act |
Rationale |
FOAEAA Part 1 as amended by former Bill C-78 would expand the list of entities that would be able to apply for information on debtors and creditors of family support as well as the purposes for which this information would be requested. The information to be released would include the tax information. The names and numbers of information banks listed in the Regulations may need to be updated. |
Narrative |
Amendments to the Release of Information for Family Orders and Agreements Enforcement Regulations (Regulations) would list entities that would be able to apply for family support debtors’ and creditors’ information. It would also list the information that can be released under Part I of the amended FOAEAA andl update the names and numbers of information banks listed under section 3 of the Regulations if necessary. |
Date of last review or amendment (Year) |
Section 3 of the Regulations was last amended in 2018. |
Targeted start for review (Year) |
The review was conducted in 2019. The amendments will be made as soon as possible and are mentioned in the Forward Regulatory Plan. |
Stakeholder Feedback |
The Regulations will be pre-published in Part 1 of the Canada Gazette. Federal, provincial and territorial partners provided assistance during policy development. . |
Outcomes |
Reviewed and to be amended |
For further information |
FOAEAA |
Departmental or agency contact: |
Family Law and Youth Justice Policy Section |
Title or Working Title of the Regulation(s) |
Amendments to the Schedule to the Family Orders and Agreements Enforcement Assistance Act. |
Enabling Act(s) |
Family Orders and Agreements Enforcement Assistance Act (FOAEAA) |
Rationale |
The licences listed in the Schedule must be updated to delete licences that are no longer active. |
Narrative |
Amendments would update the licences listed in the schedule to the Family Orders and Agreements Enforcement Assistance Act. The federal government may withhold, refuse to renew or suspend those licences where an individual has failed to make support payments owed. |
Date of last review or amendment (Year) |
The schedule was last amended in 2011. |
Targeted start for review (Year) |
The review is ongoing. The amendments are mentioned in the Forward Regulatory Plan. |
Stakeholder Feedback |
No public consultations are expected as the amendments update an existing legislative program by reflecting changes made to the names of various licences. Consultations will be held with Transport Canada to ensure accuracy in the licences listed in the schedule. |
Outcomes |
To be amended |
For further information |
FOAEAA Department of Justice Canada – Family Law – Enforcing Support |
Departmental or agency contact: |
Family and Children’s Law Team |
Title or Working Title of the Regulation(s) |
Terms and Conditions of the Federal Ombudsperson for Victims of Crime – Order in Council P.C. 2014-615 |
Enabling Act(s)
|
Public Service Employment Act |
Rationale |
This review is taking place as part of the ongoing work of the Standing Joint Committee for the Scrutiny of Regulations. The review also proposes to align the Terms and Conditions of the Federal Ombudsperson for Victims of Crime (FOVC) with the Canadian Victims Bill of Rights (CVBR), specifically in relation to the Ombudsperson conducting the second level of complaints review contemplated in the CVBR, as well as listing the CVBR as one of the instruments that the Ombudsperson has a mandate to promote. |
Narrative
|
The CVBR came into effect in 2015. The proposed amendments would address non-substantive issues regarding consistency of terminology, linguistic parity, and potential ambiguity in the language of the Order. Although these issues do not appear to have impaired the Ombudsman’s ability to fulfill her mandate, fixing them is worthwhile and would be welcomed by the Committee. |
Date of last review or amendment (Year) |
The Order was amended on August 23, 2016, in order to add flexibility to the length of the Ombudsperson’s term of employment. |
Targeted start for review (Year) |
2012 |
Stakeholder Feedback |
n/a |
Outcomes (once complete)
|
TBC |
For further information |
The current Federal Ombudsperson for Victims of Crime, Mr. Benjamin Roebuck, was appointed on September 27, 2022 until September 2025. For more information about Mr. Roebuck and his office, please visit: https://www.victimsfirst.gc.ca/index.html |
Departmental or agency contact: |
Policy Centre for Victim Issues E-Mail: pcvi-cpcv@justice.gc.ca Contacts : Matthew Taylor, Director and General Counsel, Criminal Law Policy Section; Stéphanie Bouchard, Director and Senior Counsel, Policy Centre for Victim Issues |
Title or Working Title of the Regulation(s) |
Order Designating the Ministers Responsible for the Application of Part II of the Garnishment, Attachment and Pension Diversion Act |
Enabling Act(s)
|
Garnishment, Attachment and Pension Diversion Act (GAPDA) |
Rationale |
The governor in council designates, by order, the ministers responsible for the application of Part II of the GAPDA. The order (SI/84-6) designating Ministers must be updated to reflect the changes made to the name of ministers and new ministerial responsibilities since it was made in 1984. |
Narrative
|
Part II of the GAPDA provides for the diversion of designated pension benefits payable to satisfy family financial support orders. Amendments would update the name of Ministers responsible for the application of Part II of the GAPDA. |
Date of last review or amendment (Year) |
The order (SI/84-6) was made in 1984 and has not been reviewed since. |
Targeted start for review (Year) |
The review is ongoing. The amendments are mentioned in the Forward Regulatory Plan. |
Stakeholder Feedback |
No public consultations are expected as the amendments update an existing legislative program by reflecting changes made to the name of ministers and ministerial responsibilities. There will be no pre-publication. |
Outcomes (once complete)
|
To be amended
|
For further information |
GAPDA Department of Justice Canada – Family Law – Enforcing Support |
Departmental or agency contact: |
Family and Children’s Law Team |
Title or Working Title of the Regulation(s) |
Family Support Orders and Agreements Garnishment Regulations (SOR/88-181) |
Enabling Act(s)
|
Family Orders and Agreements Enforcement Assistance Act (FOAEAA) as amended by former Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (former Bill C-78) |
Rationale |
FOAEAA Part II as amended by former Bill C-78 would remove the requirement that an application and a notice to debtor be made in a prescribed form. Instead, the regulations would list the information to be included in an application. Other legislative amendments provide regulatory making authority to offer greater flexibility in relation to service of documents, to clarify the when garnishment is to be terminated and to define how to honor garnishee summonses in situations where more than one garnishee summons against the same debtor are served. The fee charged for the processing of a garnishee summons under Part II of the FOAEAA may also need to be adjusted. |
Narrative
|
Amendments to the Regulations would remove the application form from the regulations and would instead list the information that must be included in an application. Other regulatory amendments would remove the notice to debtor from the regulations, identify the methods of service of documents and the day on which service is deemed to have been effected, specify periods and circumstances where garnishment is no longer binding and describe the manner in which garnishee summonses are to be honoured where there is more than one garnishee summons against the same debtor. Amendments to the regulations would also adjust the fee charged for the processing of a garnishee summons under Part II of FOAEAA if necessary. |
Date of last review or amendment (Year) |
Sections 10 to 12 of the Regulations were last amended in 2019 and the Application form (I01) in schedule 1 of the Regulations was amended in 2020. |
Targeted start for review (Year) |
The review of the Regulations started in 2019. The review of the FOAEAA Fee was started in 2020 and is currently underway. The amendments will be made in 2024 and are mentioned in the Forward Regulatory Plan. |
Stakeholder Feedback |
Key stakeholders, including federal partners and provincial and territorial services that receive and process the garnishment applications were consulted in relation to the legislative amendments brought about by former Bill C-78. Consultations will continue regarding amendments to the regulations. The public will be consulted through the pre-publication process in the Canada Gazette, Part I. |
Outcomes (once complete)
|
Reviewed and to be amended |
For further information |
FOAEAA Regulations |
Departmental or agency contact: |
Family and Children’s Law Team |
| Title or Working Title of the Regulation(s) | Application of Provincial Laws Regulations, SOR/96-312 |
| Enabling Act(s) | Contraventions Act |
| Rationale | The regulatory review will be conducted in order to meet the Treasury Board requirement under the Cabinet Directive on Regulation. |
| Narrative | An Evaluation of the Contraventions Act Program, which is expected to begin in 2024, will be conducted by the Department with a scheduled end in 2026. In order to meet the Directive requirements, the review of the Application of Provincial Laws Regulations can, therefore, be completed in the context of this mandatory Evaluation. |
| Date of last review or amendment (Year) | The Application of Provincial Laws Regulations were last reviewed in 2021. |
| Targeted start for review (Year) | The targeted date for the start of the next review is 2024, scheduled to end in 2026. |
| Stakeholder Feedback (once complete) |
N/A |
Outcomes (once complete)
|
N/A |
| For further information | Contraventions Act : https://laws.justice.gc.ca/eng/acts/c-38.7/FullText.htmlContraventions Regulations : https://laws.justice.gc.ca/eng/regulations/SOR-96-313/index.htmlApplication of Provincial Laws Regulations : https://laws.justice.gc.ca/eng/regulations/SOR-96-312/index.html |
| Departmental or agency contact: | Department of Justice Canada Programs Branch 284 Wellington Street, 6th floor Ottawa, Ontario K1A 0H8 Telephone: (613) 941-4193 Fax: (613) 954-4893 E-mail: pb-dgp@justice.gc.ca |
| Title or Working Title of the Regulation(s) | Contraventions Regulations, SOR/96-313 |
| Enabling Act(s) | Contraventions Act |
| Rationale | The regulatory review will be conducted in order to meet the Treasury Board requirement under the Cabinet Directive on Regulation. |
| Narrative | An Evaluation of the Contraventions Act Program, which is expected to begin in 2024, will be conducted by the Department with a scheduled end in 2026. In order to meet the Directive requirements, the review of the Contraventions Regulations can, therefore, be completed in the context of this mandatory Evaluation. |
| Date of last review or amendment (Year) | The Contraventions Regulations were last reviewed in 2021. |
| Targeted start for review (Year) | The targeted date for the start of the next review is 2024, scheduled to end in 2026. |
| Stakeholder Feedback (once complete) |
N/A |
Outcomes (once complete)
|
N/A |
| For further information | Contraventions Act : https://laws.justice.gc.ca/eng/acts/c-38.7/FullText.htmlContraventions Regulations : https://laws.justice.gc.ca/eng/regulations/SOR-96-313/index.htmlApplication of Provincial Laws Regulations : https://laws.justice.gc.ca/eng/regulations/SOR-96-312/index.html |
| Departmental or agency contact: | Department of Justice Canada Programs Branch 284 Wellington Street, 6th floor Ottawa, Ontario K1A 0H8 Telephone: (613) 941-4193 Fax: (613) 954-4893 E-mail: pb-dgp@justice.gc.ca |
Report a problem on this page
- Date modified: