Marginal note:Short title

1. This Act may be cited as the User Fees Act.

Marginal note:Definitions

2. The definitions in this section apply in this Act.

“Committee”

« comité »

“Committee” means, in respect of each House of Parliament, the appropriate standing committee of that House.

“direct benefit or advantage”

« avantage direct »

“direct benefit or advantage” means a benefit to the client paying the user fee with that benefit being either unique to that client or distinct from and greater than benefits that could also accrue to any other person or business as a result of that user fee being paid.

“Minister”

« ministre »

“Minister” means the appropriate minister, as defined in section 2 of the Financial Administration Act, who is responsible for the regulating authority.

“regulating authority”

« organisme de réglementation »

“regulating authority” means a department, agency, board, commission, or any other body mentioned in Schedule I, I.1 or II to the Financial Administration Act that has the power to fix a user fee under the authority of an Act of Parliament. Where the Act gives that power to the Governor in Council or a Minister, it means the body proposing the user fee.

“user fee”

« frais d'utilisation »

“user fee” means a fee, charge or levy for a product, regulatory process, authorization, permit or licence, facility, or for a service that is provided only by a regulating authority, that is fixed pursuant to the authority of an Act of Parliament and which results in a direct benefit or advantage to the person paying the fee.

Marginal note:User Fees

• 3. (1) This Act applies to all user fees fixed by a regulating authority.

• Marginal note:Interdepartmental fees

  (2) This Act does not apply to a user fee fixed by one regulating authority and charged to another.

Marginal note:Preconditions

• 4. (1) Before a regulating authority fixes, increases, expands the application of or increases the duration of a user fee, it must

  • (a) take reasonable measures to notify clients, and other regulating authorities with a similar clientele of the user fee proposed to be fixed, increased, expanded in application or increased in duration;

  • (b) give all clients or service users a reasonable opportunity to provide ideas or proposals for ways to improve the services to which the user fee relates;

  • (c) conduct an impact assessment to identify relevant factors, and take into account its findings in a decision to fix or change the user fee;

  • (d) explain to clients clearly how the user fee is determined and identify the cost and revenue elements of the user fee;

  • (e) establish an independent advisory panel to address a complaint submitted by a client regarding the user fee or change; and

  • (f) establish standards which are comparable to those established by other countries with which a comparison is relevant and against which the performance of the regulating authority can be measured.

• Marginal note:Tabling of proposal

  (2) In addition to subsection (1), the Minister must cause to be tabled in each House of Parliament a proposal

  • (a) explaining in respect of what service, product, regulatory process, facility, authorization, permit or licence the user fee is being proposed;

  • (b) stating the reason for any proposed change in user fee rate;

  • (c) including the performance standards established in accordance with paragraph (1)(f), as well as the actual performance levels that have been reached;

  • (d) giving an estimate of the total amount that the regulating authority will collect in the first three fiscal years after the introduction of the user fee, and identifying the costs that the user fee will cover; and

  • (e) describing the establishment of an independent advisory panel in accordance with paragraph (1)(e) and describing how any complaints received under section 4.1 were dealt with.

• Marginal note:Comparison with other countries

  (3) If the amount of user fee being proposed by the Minister pursuant to subsection (2) is higher than that existing in a country with which a comparison referred to in paragraph (1)(f) is relevant, the Minister must as part of the proposal being made give reasons for the difference.

• Marginal note:Committee

  (4) Every proposal tabled under subsection (2) is deemed referred to the Committee.