11 (1) No cause of action arises against the Crown or an officer, employee or agent of the Crown in respect of any negligence or failure to take reasonable care while exercising or intending to exercise powers or performing or intending to perform duties or functions of a legislative nature, including the development or introduction of a bill, the enactment of an Act or the making of a regulation. Regulatory decisions (2) No cause of action arises against the Crown or an officer, employee or agent of the Crown in respect of a regulatory decision made in good faith, where, (a)  a person suffers any form of harm or loss as a result of an act or omission of a person who is the subject of the regulatory decision; and (b)  the person who suffered the harm or loss claims that the harm or loss resulted from any negligence or failure to take reasonable care in the making of the regulatory decision. Same, purported failure to make (3) No cause of action arises against the Crown or an officer, employee or agent of the Crown in respect of a purported failure to make a regulatory decision, where, (a)  a person suffers any form of harm or loss as a result of an act or omission of another person; and (b)  the person who suffered the harm or loss claims that the harm or loss resulted from any negligence in a purported failure to make a regulatory decision in respect of that other person. Policy decisions (4) No cause of action arises against the Crown or an officer, employee or agent of the Crown in respect of any negligence or failure to take reasonable care in the making of a decision in good faith respecting a policy matter, or any negligence in a purported failure to make a decision respecting a policy matter. Same, policy matters (5) For the purposes of subsection (4), a policy matter includes, (a)  the creation, design, establishment, redesign or modification of a program, project or other initiative, including, (i)  the terms, scope or features of the program, project or other initiative, (ii)  the eligibility or exclusion of any person or entity or class of persons or entities to participate in the program, project or other initiative, or the requirements or limits of such participation, or (iii)  limits on the duration of the program, project or other initiative, including any discretionary right to terminate or amend the operation of the program, project or other initiative; (b)  the funding of a program, project or other initiative, including, (i)  providing or ceasing to provide such funding, (ii)  increasing or reducing the amount of funding provided, (iii)  including, not including, amending or removing any terms or conditions in relation to such funding, or (iv)  reducing or cancelling any funding previously provided or committed in support of the program, project or other initiative; (c)  the manner in which a program, project or other initiative is carried out, including, (i)  the carrying out, on behalf of the Crown, of some or all of a program, project or other initiative by another person or entity, including a Crown agency, Crown corporation, transfer payment recipient or independent contractor, (ii)  the terms and conditions under which the person or entity will carry out such activities, (iii)  the Crown’s degree of supervision or control over the person or entity in relation to such activities, or (iv)  the existence or content of any policies, management procedures or oversight mechanisms concerning the program, project or other initiative; (d)  the termination of a program, project or other initiative, including the amount of notice or other relief to be provided to affected members of the public as a result of the termination; (e)  the making of such regulatory decisions as may be prescribed; and (f)  any other policy matter that may be prescribed. Definition, “regulatory decision” (6) In this section, “regulatory decision” means a decision respecting, (a)  whether a person, entity, place or thing has met a requirement under an Act, (b)  whether a person or entity has contravened any duty or other obligation set out under an Act, (c)  whether a licence, permission, certificate or other authorization should be issued under an Act, (d)  whether a condition or limitation in respect of a licence, permission, certificate or other authorization should be imposed, amended or removed under an Act, (e)  whether an investigation, inspection or other assessment should be conducted under an Act, or the manner in which an investigation, inspection or other assessment under an Act is conducted, (f)  whether to carry out an enforcement action under an Act, or the manner in which an enforcement action under an Act is carried out, or (g)  any other matter that may be prescribed. Proceedings barred (7) No proceeding may be brought or maintained against the Crown or an officer, employee or agent of the Crown in respect of a matter referred to in subsection (1), (2), (3) or (4). Proceedings set aside (8) A proceeding that may not be maintained under subsection (7) is deemed to have been dismissed, without costs, on the day on which the cause of action is extinguished under subsection (1), (2), (3) or (4). Common law defences unaffected (9) Nothing in this section shall be read as abrogating or limiting any defence or immunity which the Crown or an officer, employee or agent of the Crown may raise at common law. No inference of policy matters as justiciable (10) Nothing in this section shall be read as indicating that a matter that is a policy matter for the purposes of subsection (4) is justiciable. Proceedings Involving the Crown