Red Tape Reduction Act — R-4.5 12
Order 12 (1) Subject to subsections (3) and (7), a minister may, by order, for a specified validity period of not more than three years and on any terms that the minister considers appropriate, exempt an entity from the application of (a) a provision of an Act of Parliament, except an excluded Act, if the minister is responsible for the Act; (b) a provision of an instrument made under an Act of Parliament, except an instrument made under an excluded Act, if (i) the minister is responsible for the Act, or (ii) the body that made the instrument is accountable, through the minister, to Parliament for the conduct of its affairs; or (c) a provision of an Act of Parliament, except an excluded Act, or a provision of an instrument made under an excluded Act, if the minister administers or enforces the provision. Requests not required to be considered (2) Subject to section 12.1, a minister is not required to consider a request for an exemption. Conditions (3) A minister may make an order under subsection (1) only if (a) the minister is of the opinion that (i) the exemption is in the public interest, (ii) the exemption would enable the testing of, among other things, a product, service, process, procedure or regulatory measure with the aim of facilitating the design, modification or administration of a regulatory regime to encourage innovation, competitiveness or economic growth in the clean technology or financial technology sector, (iii) the benefits associated with the exemption outweigh the risks, (iv) sufficient resources exist, and appropriate measures will be taken, to maintain oversight of the testing, manage any risks associated with the exemption and protect public health and safety and the environment, and (v) a feasible implementation plan has been developed; (b) the minister has engaged in a public consultation process for at least 30 days with stakeholders, including experts and entities in the relevant sector; and (c) the President of the Treasury Board has approved the exemption. Exemption continues in force (4) For greater certainty, an exemption granted under subsection (1) continues in force until the end of the validity period specified in the order even if the testing referred to in subparagraph (3)(a)(ii) is completed before the end of that period. Amendment or extension (5) Subject to subsection (8), a minister who has made an order under subsection (1) may, by order and on any terms the minister considers appropriate, amend it or extend the validity period of the exemption for a total period not exceeding six years only if the minister is of the opinion that (a) the conditions set out in subparagraphs (3)(a)(i) and (iii) are met; (b) the amended exemption or extension would enable the testing referred to in subparagraph (3)(a)(ii) to continue or, if such testing is already complete, would facilitate the design, modification or administration of a regulatory regime as a result of that testing; (c) sufficient resources exist, and appropriate measures will be taken, to maintain oversight of any continuing testing, manage any risks associated with the amended exemption or extension, and protect public health and safety and the environment; and (d) a feasible implementation plan has been developed that takes into account the amendment or extension. Revocation or suspension (6) A minister who has made an order under subsection (1) may, by order, revoke it or suspend its application in whole or in part. Two or more ministers (7) If, under subsection (1), two or more ministers may, by order, exempt the same entity from the application of the same provision, the entity may be exempted only if the ministers jointly make an order under that subsection with respect to the entity and provision. Two or more ministers — amendment, extension, revocation and suspension (8) The following provisions apply if, in accordance with subsection (7), two or more ministers have jointly made an order: (a) the order may be amended only if t