Forward Regulatory Plan 2020-2022
Proposed Regulatory Initiatives
- Amendments to Schedule II to the Privacy Regulations (Investigative Bodies)
- Order Amending the Schedule to the Family Orders and Agreements Enforcement Assistance Act
- Amendments to the Contraventions Regulations (Fisheries Act)
- Repeals and amendments to statutory instruments adopted under the Canadian Human Rights Act
- Amendments to the Contraventions Regulations (Schedules I.2, I.3, II.1 and III.01)
- Provincial Child Support Service Regulations
- Regulations Amending the Central Registry of Divorce Proceedings Regulations
- Guidelines Amending the Federal Child Support Guidelines
- Regulations amending the Release of Information for Family Orders and Agreements Enforcement Regulations
- Regulations amending the Family Support Orders and Agreements Garnishment Regulations
- Regulations Amending the Denial of Licences for Family Orders and Agreements Enforcement Regulations
- Regulations Amending the Garnishment and Attachment Regulations
- Regulations Amending the Pension Diversion Regulations
- Notice of Relocation Forms Regulations
- Regulations Amending the Application of Provincial Laws Regulations
- Amendments to the Contraventions Regulations (Aeronautics Act)
- Regulatory Amendments to the Application Forms under the Family Orders and Agreements Enforcement Assistance Act (gender)
Amendments to Schedule II to the Privacy Regulations (Investigative Bodies)
Enabling Act(s)
Privacy Act
Description
This proposal to the Schedule II would update the name of the entity designated as an investigative body for the purpose of the passport program to take into account that it has been under the responsibility of the Department of Immigration, Refugees and Citizenship Canada (IRCC) since 2013 and has been reorganized.
Potential impact on Canadians and Business
There are no expected impacts on Canadians or businesses.
Public consultation opportunities
Consultations with the Office of the Privacy Commissioner of Canada will be conducted. A 30-day public consultation period will take place following the pre-publication of the proposed amendments in the Canada Gazette, Part I
Date the initiative was first included in the Forward Regulatory Plan
October 2014
Department contact
Carolina Mingarelli
Director and General Counsel
Centre for Information and Privacy Law
Department of Justice
613-960-4858
Order Amending the Schedule to the Family Orders and Agreements Enforcement Assistance Act
Enabling Act(s)
Family Orders and Agreements Enforcement Assistance Act
Description
The proposed amendments would update references to the licences listed in the schedule to the Family Orders and Agreements Enforcement Assistance Act (FOAEAA).
Potential impact on Canadians and Business
There are no impacts on Canadians and businesses as the proposed update to the FOAEAA schedule is to delete licences that are no longer exist.
Public consultation opportunities
No public consultations are anticipated 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.
Date the initiative was first included in the Forward Regulatory Plan
April 2016
Department contact
Cassandre Laveaux
Counsel
Family, Children and Youth Section
Department of Justice
613-957-4691
Amendments to the Contraventions Regulations (Fisheries Act)
Enabling Act(s)
Contraventions Act
Description
Schedule II.1 (Fisheries Act) to the Contraventions Regulations will be amended in order to include new short-form descriptions and fine amounts therefore designating additional offences as contraventions. Furthermore, Schedule II.1 will be amended with a view to streamline certain existing short-form descriptions in order to ensure that they are the length that allows for them to be entirely reproduced on the contraventions ticket.
Potential impact on Canadians and Business
These amendments provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It improves access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.
Public consultation opportunities
An online consultation pertaining to these amendments was conducted by the client-department Fisheries and Oceans Canada from November 28, 2018, to January 11, 2019. A dedicated consultation webpage was posted by Fisheries and Oceans Canada. The consultation was promoted to the public via cross-reference on the Consulting with Canadians website.
Date the initiative was first included in the Forward Regulatory Plan
April 2018
Department contact
Ghady Thomas
Legal counsel
Programs Branch
Department of Justice
613-954-6716
Repeals and amendments to statutory instruments adopted under the Canadian Human Rights Act
Enabling Act(s)
Canadian Human Rights Act
Description
This is an update of several statutory instruments adopted under the Canadian Human Rights Act (CHRA). Five instruments will be repealed.
These instruments are:
- By-law No 3 of the Canadian Human Rights Commission (SOR/78-223)
By-law No. 3 was approved pursuant to a transitional provision in the CHRA that has been since been repealed. The By-law was not repealed along with the provision. - Protection of Personal Information Regulations (SOR/78-145)
This Regulation was made pursuant to a provision in the CHRA that has been repealed. The Regulation was not repealed along with the enabling authority. - Human Rights Tribunal Appeal Regulations (SOR/80-394)
This Regulation was made pursuant to a former provision of the CHRA that allowed for appeals from decisions of the Canadian Human Rights Tribunal to a “Review Tribunal”. The CHRA was amended to remove the appeal provision, but the Regulation was not repealed along with the enabling authority. - Customs and Excise Human Rights Investigation Regulations (SOR/83-196)
This Regulation prescribes procedures for the investigation of complaints related to the actions of customs and excise officers. It has been superseded by the Commission’s “Complaint Rules” that provide general guidance regarding the processing of complaints. - Immigration Investigation Regulations (SOR/80-686)
This Regulation prescribes procedures for the investigation of complaints related to the actions of immigration officers. It has been superseded by the Commission’s “Complaint Rules” that provide general guidance regarding the processing of complaints.
In addition, the amendments to the Human Rights Benefit Regulations will modernize the definitions of “spouse” and “child” to make them more inclusive, and emulate the approach used in other federal statutes.
Potential impact on Canadians and Business
The repeals will have a positive impact on the public and business. The repeals are long overdue, and will remove obsolete instruments from the statute book. The amendments to the definitions in the Human Rights Benefit Regulations will introduce definitions that are inclusive of same-sex couples and common-law partners.
Public consultation opportunities
No public consultations were conducted. The repeals and amendments are non-controversial, do not involve the spending of public funds, do not prejudicially affect the rights of persons, and do not create new offences or subject a new class of persons to an existing offence.
Date the initiative was first included in the Forward Regulatory Plan
October 2018
Department contact
Laura Stone
Counsel
Human Rights Law Section
Department of Justice
613-957-4919
Amendments to the Contraventions Regulations (Schedules I.2, I.3, II.1 and III.01)
Enabling Act(s)
Contraventions Act
Description
Schedules I.2 (Canada Wildlife Act), I.3 (Canadian Environmental Protection Act, 1999), II.1 (Fisheries Act) and III.01 (Migratory Birds Convention Act, 1994) to the Contraventions Regulations will be amended in order to include new short-form descriptions and fine amounts, thereby designating additional offences as contraventions. Furthermore, certain existing short-form descriptions will be amended in order to reflect changes already made to the substantive regulations creating those offences.
Potential impact on Canadians and Business
These amendments provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It improves access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources. These amendments also ensure consistency between the Contraventions Regulations and the substantive regulations to which they refer.
Public consultation opportunities
A consultation pertaining to these amendments will be conducted by the client-department Environment and Climate Change Canada.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Julien Léger
Legal counsel
Programs Branch
Department of Justice
613-941-7339
Provincial Child Support Service Regulations
Enabling Act(s)
Divorce Act
Description
The new regulations are required as a consequence of amendments made 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.
The new regulations would provide rules and policies for the calculation and recalculation of child support amounts by provincial or territorial child support services.
Potential impact on Canadians and Business
The addition of new regulations concerning the calculation and recalculation of child support would improve access to justice by making it less costly and adversarial for Canadian families going through separation and divorce. The amendments to the Divorce Act concerning the recalculation scheme and its new regulations would help provinces and territories improve their recalculation services and address operational challenges with the current framework. Finally, the new regulations would support poverty reduction efforts by helping families obtain fair and accurate family support, in a less costly and more efficient way.
There are no anticipated business impacts.
Public consultation opportunities
The provinces and territories are being consulted on the proposed regulations.
Key stakeholders and the public will also be consulted through the pre-publication process in the Canada Gazette, Part I.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Regulations Amending the Central Registry of Divorce Proceedings Regulations
Enabling Act(s)
Divorce Act
Description
The regulations must be amended as a consequence of amendments made 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.
The regulations would be amended to include a mandate that describes the Central Registry of Divorce Proceedings' (CRDP) existing activities; to comply with the new Policy Direction to Modernize the Government of Canada's Sex and Gender Information Practices; and to collect information at a given point in time.
Potential impact on Canadians and Business
The changes would provide clarity and transparency to the public about the role of the CRDP and the scope of its activities. In addition, the amendments would improve the operational functioning of the CRDP by ensuring that it receives the most relevant and accurate information concerning each spouse for the purpose of detecting duplicate divorce proceedings.
There are no anticipated business impacts.
Public consultation opportunities
The provinces and territories are being consulted on the proposed changes to the regulations.
Key stakeholders and the public will be consulted through the pre-publication process in the Canada Gazette, Part I.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Guidelines Amending the Federal Child Support Guidelines
Enabling Act(s)
Divorce Act
Description
The regulations must be amended as a consequence of amendments made 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.
The Federal Guidelines include language similar to that found in the current Divorce Act, such as custody and access. Consequential regulatory amendments are required to the Federal Guidelines to ensure that they reflect the changes made to the Divorce Act.
Potential impact on Canadians and Business
The objective of the regulatory changes is to ensure that the Federal Guidelines are in line with the Divorce Act amendments. For example, the terms "custody" and "access" would be replaced with terminology focused on parents' responsibilities for their children. This new terminology supports children's best interests by helping to reduce parental conflict. The changes to the regulations would also prevent any confusion between the enabling legislation and its regulations while helping to ensure that Canadians can adequately comply with all aspects of the Act.
Public consultation opportunities
The provinces and territories are being consulted on the proposed amendments to the Federal Guidelines.
Key stakeholders and the public will be consulted through the pre-publication process in the Canada Gazette, Part I.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Regulations amending the Release of Information for Family Orders and Agreements Enforcement Regulations
Enabling Act(s)
Family Orders and Agreements Enforcement Assistance Act
Description
The regulations must be amended as a consequence of amendments made 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. Amendments would identify the information that can be searched for and released, which will vary depending on the applicant. Among other things, amendments would also remove the application form from the regulation and instead identify the information to be contained in an application.
Potential impact on Canadians and Business
The regulatory amendments would give effect to amendments made by former Bill C-78. Specifically, the amendments would help improve access to justice for Canadians and help reduce poverty by releasing information from federal information banks for the quicker establishment, variation and enforcement of child support.
There are no anticipated business impacts.
Public consultation opportunities
Key stakeholders, including the provinces and territories (which are responsible for maintenance enforcement services and other entities that may apply for the release of information once the relevant amendments made by former Bill C-78 are in force) have been consulted on an ongoing basis for a number of years. These consultations will continue. Various provincial and territorial court service providers are, and will continue to be, consulted as well. Federal partners, including Finance Canada and the Canada Revenue Agency, have been consulted in the context of the amendments made by former Bill C-78, and will continue to be consulted regarding the regulatory amendments. The public will be consulted through the pre-publication process in the Canada Gazette, Part I.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Cassandre Laveaux
Counsel
Family, Children and Youth Section
Department of Justice
613-957-4691
Regulations amending the Family Support Orders and Agreements Garnishment Regulations
Enabling Act(s)
Family Orders and Agreements Enforcement Assistance Act
Description
The regulations must be amended as a consequence of amendments made 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. Amendments would remove the notice to debtor and the application form from the regulations and would instead list the information to be provided in an application. Other amendments would provide greater flexibility in relation to service of documents, clarify the periods and circumstances where garnishment is to terminate and define the manner in which garnishee summonses are to be honoured where more than one garnishee summons against the same debtor is served.
Potential impact on Canadians and Business
The regulatory amendments would improve service to, and access to justice for, Canadians by making the garnishment process more efficient. Amendments would provide greater certainty to applicants as to when documents are deemed submitted, and as to when garnishment ends. Amendments would also provide clarity as to how multiple summonses against the same debtor are to be treated and would provide administrative flexibility and efficiency to the federal government regarding modifications to the application form.
There are no expected business impacts.
Public consultation opportunities
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.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Annick Boulay
Counsel
Family, Children and Youth Section
Department of Justice
613-954-1444
Regulations Amending the Denial of Licences for Family Orders and Agreements Enforcement Regulations
Enabling Act(s)
Family Orders and Agreements Enforcement Assistance Act
Description
The regulations must be amended as a consequence of amendments made 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. Amendments would remove the prescribed form and affidavit and modify the list of information that is to be provided in an application.Potential impact on Canadians and Business
The amendments would reduce burdens for provincial and territorial enforcement services, which are the only bodies permitted to submit federal licence denial applications. The amendments would improve provincial and territorial enforcement service efficiencies regarding the submission of applications and provide administrative flexibility and efficiency to the federal government regarding modifications to the application form.
There are no anticipated business impacts.
Public consultation opportunities
Provincial and territorial enforcement services have been consulted on an ongoing basis for a number of years in relation to the 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.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Cassandre Laveaux
Counsel
Family, Children and Youth Section
Department of Justice
613-957-4691
Regulations Amending the Garnishment and Attachment Regulations
Enabling Act(s)
Garnishment, Attachment and Pension Diversion Act
Description
The regulations must be amended as a consequence of amendments made 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. (S.C. 2019, c. 16). Amendments would reflect the terminology used in former Bill C-78, and clarify when and how garnishment documents may be served, and periods and circumstances where garnishment is to terminate. Other amendments would update the addresses for service of garnishment documents, add one in relation to the Parliamentary Budget Officer created in former Bill C-44, Budget Implementation Act, 2017, No. 1 and transfer the garnishment registry functions of Nunavut, Yukon and the Northwest Territories to the registry located in the National Capital Region.
Potential impact on Canadians and Business
The regulatory amendments would improve service to, and access to justice for, Canadians by making the garnishment process more efficient. Amendments would ensure that applicants submit their garnishment documents to the correct address. As the registries located in Nunavut, Yukon and the Northwest Territories receive a very low volume of garnishment applications, it would be more efficient to transfer their registry functions to the registry located in the National Capital Region. Amending the regulations would also provide greater certainty to applicants as to when documents are deemed submitted, and as to whether garnishment ends when certain circumstances arise.
There are no anticipated business impacts.
Public consultation opportunities
Key stakeholders, including the garnishment registries, federal departments, relevant Crown corporations and parliamentary entities that receive and process the garnishment applications, and provincial and territorial enforcement services were consulted in relation to the legislative amendments brought about by former Bill C-78. Consultations will continue regarding amendments to the regulations. In accordance with sections 24 and 29 of the Garnishment, Attachment and Pension Diversion Act, the Speakers of the Senate and of the House of Commons will be consulted prior to making the amendments. The public will be consulted through the pre-publication process in the Canada Gazette, Part I.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Sylviane Deslauriers, Counsel
Family Children and Youth Section
Department of Justice
613-954-4723
Regulations Amending the Pension Diversion Regulations
Enabling Act(s)
Garnishment, Attachment and Pension Diversion Act
Description
The regulations must be amended as a consequence of amendments made 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. Amendments would reflect the terminology used in former Bill C-78, and the fact that provincial and territorial enforcement services can make applications on behalf of applicants and receive pension diversion payments for their benefit. Provincial and territorial enforcement services would no longer be required to submit certified orders to apply for pension diversion, and would be able to submit a Statement of Arrears to enforce accumulated arrears. Regulatory amendments would specify the information that an enforcement service must provide in the Statement of Arrears. They would also specify the methods by which various pension diversion documents can be submitted. Other amendments would update addresses for making pension diversion applications, add a reference to prothonotaries to whom the Judges Act applies, and modify a reference in Schedule 1 of the regulations.
Potential impact on Canadians and Business
The regulatory amendments would improve service to, and access to justice for Canadians by making the pension diversion process less burdensome, more efficient and increasing transparency by reflecting the role of provincial and territories enforcement services. Amendments would also ensure that applicants submit their pension diversion documents to the correct address.
There are no anticipated business impacts.
Public consultation opportunities
KeyThe key stakeholders, specifically the pension centres and federal departments that receive and process the pension diversion applications and the provincial and territorial enforcement services 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.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Sylviane Deslauriers, Counsel
Family Children and Youth Section
Department of Justice
613-954-4723
Notice of Relocation Regulations
Enabling Act(s)
Divorce Act
Description
The regulations are required as a consequence of amendments made 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.
A framework is added to the Divorce Act for changes of residence and relocation after separation and divorce. A specific notice requirement is included for certain individuals seeking to undertake a relocation, along with requirements for individuals objecting to a proposed relocation. The content of the required notice/objection would be found in new regulations.
Potential impact on Canadians and Business
Requiring that notice of a move be provided through the use of a prescribed form, along with allowing the option of objecting to a proposed relocation of a child by way of a prescribed form, promotes clarity for the parties, which enhances access to justice. In addition, it helps to ensure that parties have the information they need to try to resolve disputes outside of the court process. This, in turn, promotes efficiency by conserving judicial resources and reducing costs for the parties. Finally, these regulations will support the objective of promoting the best interests of the child by contributing to a reduction in parental conflict.
Public consultation opportunities
The provinces and territories are being consulted on the proposed regulations.
Key stakeholders and the public will be consulted through the pre-publication process in the Canada Gazette, Part I.
Date the initiative was first included in the Forward Regulatory Plan
December 2019
Department contact
Regulations Amending the Application of Provincial Laws Regulations
Enabling Act(s)
Contraventions Act
Description
The Contraventions Act allows for federal offences designated as contraventions, that are committed within the jurisdiction of a province, to be prosecuted by using the ticketing scheme already in place in that province.
The proposed amendments ensure that, once agreements are signed with the provinces of Alberta and Saskatchewan, the existing ticketing schemes of those provinces would apply to federal contraventions committed within those jurisdictions, excluding provincial provisions that are incompatible with the letter and spirit of the Contraventions Act.
The proposed amendments also take into consideration comments made by the Standing Joint Committee for the Scrutiny of Regulations involving technical amendments to the referenced provincial legislation in Part III of the Schedule (Province of New Brunswick).
Potential impact on Canadians and Business
The Contraventions Regime improves access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.
The proposed amendments ensure that, once agreements are signed with the provinces of Alberta and Saskatchewan, the provincial ticketing schemes would apply to federal contraventions. This would therefore provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate of promoting regulatory compliance more effectively.
Public consultation opportunities
The Contraventions Regime is not applicable at this time in Alberta and Saskatchewan. The Regime will be applicable when agreements are signed with Alberta and Saskatchewan and if these proposed amendments to the Application of Provincial Laws Regulations are made.
Given that the proposed amendments to the Application of Provincial Laws Regulations will not affect any stakeholders, no consultation was required.
This amendment was developed in conformity with the Contraventions Act and in part in collaboration with provincial representatives.
Date the initiative was first included in the Forward Regulatory Plan
April 2020
Department contact
Ghady Thomas, Legal counsel
Programs Branch
Department of Justice
613-954-6716
Amendments to the Contraventions Regulations (Aeronautics Act)
Enabling Act(s)
Contraventions Act
Description
The Contraventions Regulations will be amended in order to designate as contraventions two offences contained in the Canadian Aviation Regulations. In order to designate the offences as contraventions, a new Schedule will be added to the Contraventions Regulations, which will include new short-form descriptions and fine amounts.
Potential impact on Canadians and Business
These amendments provide enforcement officers with an appropriate enforcement tool, enabling them to fulfil their mandate more effectively in promoting regulatory compliance. It improves access to justice by allowing offenders to plead guilty and pay a fine without having to appear in court, while saving the courts and law enforcement agencies precious resources.
Public consultation opportunities
The client department, Transport Canada, conducted an online consultation pertaining to these amendments from June 21, 2019 to August 30, 2019. Transport Canada published the Notice of Proposed Amendment (NPA 2019-005) on the Canadian Aviation Regulatory Advisory Council (CARAC) website and sent it to the CARAC members for comments.
Date the initiative was first included in the Forward Regulatory Plan
April 2020
Department contact
Julien Léger, Legal counsel
Programs Branch
Department of Justice
613-941-7339
Regulatory Amendments to the Application Forms under the Family Orders and Agreements Enforcement Assistance Act (gender)
Enabling Act(s)
Family Orders and Agreements Enforcement Assistance Act (FOAEAA)
Description
The application forms under the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) would be amended to comply with the 2018 Policy Direction to Modernize the Government of Canada’s Sex and Gender Information Practices (Policy Direction).
Potential impact on Canadians and Business
The proposed amendments would ensure that the regulations made under the FOAEAA align with the Policy Direction.
There are no anticipated business impacts.
Public consultation opportunities
No public consultation are expected. An exemption from pre-publication will be requested. The provinces and territories are being consulted on the proposed system changes.
Date the initiative was first included in the Forward Regulatory Plan
April 2020
Department contact
Sylviane Deslauriers, Counsel
Family Children and Youth Section
Department of Justice
613-954-4723
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