O. Reg. 498/21: GENERAL

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ontario regulation 498/21

made under the

Modernizing Ontario for People and Businesses Act, 2020

Made: June 24, 2021
Filed: June 25, 2021
Published on e-Laws: June 25, 2021
Printed in The Ontario Gazette: July 10, 2021

Amending O. Reg. 555/20

(GENERAL)

1. Subsection 1 (1) of Ontario Regulation 555/20 is revoked.

2. Section 2 of the Regulation is revoked and the following substituted:

Direct compliance cost

2. (1) A cost is prescribed for the purposes of the definition of “direct compliance cost” in subsection 1 (1) of the Act if the cost is imposed on a regulated entity.

(2) The direct compliance cost resulting from a specified instrument shall be measured as the average annual amount of the new direct compliance cost created or the average annual increase to an existing direct compliance cost, as the case may be, that the minister responsible for the administration of the specified instrument anticipates will be incurred by a regulated entity.

3. (1) Subsection 3 (1) of the Regulation is amended by striking out “administrative cost” at the end and substituting “direct compliance cost”.

(2) Subsection 3 (2) of the Regulation is revoked and the following substituted:

(2) The reduction referred to in subsection (1) must be in respect of direct costs of complying with a regulation, policy or form, including administrative costs, fees, upfront capital costs, upfront operating costs and ongoing operating costs.

(3) Subsection 3 (4) of the Regulation is revoked and the following substituted:

(4) A prescribed offset shall be made no later than 24 months following the day on which the regulation, policy or form is made or approved for use.

4. (1) Subsection 4 (1) of the Regulation is amended by striking out “administrative costs” at the end and substituting “direct compliance costs”.

(2) Paragraph 1 of subsection 4 (2) of the Regulation is revoked and the following substituted:

1. The specified instrument is made in response to an emergency or exceptional circumstances, where the emergency or exceptional circumstances require extraordinary measures to address an urgent matter affecting public health, safety or environmental protection.

1.1 The specified instrument is made to address an urgent matter affecting public health, safety or environmental protection, other than a matter that requires extraordinary measures as described in paragraph 1.

(3) Paragraph 3 of subsection 4 (2) of the Regulation is amended by striking out “administrative costs” and substituting “direct compliance costs”.

(4) Subsection 4 (2) of the Regulation is amended by adding the following paragraph:

4. The specified instrument is made in response to exceptional circumstances where identifying and implementing the required offset would cause a ministry undue hardship.

5. Subsection 5 (2) of the Regulation is revoked and the following substituted:

(2) For the purposes of clause 3 (b) of Act, the portion of the analysis consisting of the direct compliance costs and benefits of the specified instrument shall be published on a website of the Government of Ontario.

6. Paragraph 2 of subsection 6 (1) of the Regulation is revoked and the following substituted:

2. The specified instrument would be made in response to an emergency or exceptional circumstances, where the emergency or exceptional circumstances require extraordinary measures to address an urgent matter affecting public health, safety or environmental protection.

Commencement

7. This Regulation comes into force on the later of the day subsection 6 (1) of Schedule 15 to the Supporting Recovery and Competitiveness Act, 2021 comes into force and the day this Regulation is filed.

 

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