Service Fees Act (S.C. 2017, c. 20, s. 451)

Short title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  federal entity

  federal entity means

  • (a) a department named in Schedule I to the Financial Administration Act;

  • (b) a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act; or

  • (c) a corporation named in Schedule II to that Act. (entité fédérale)

  fee

  fee means an amount — called a fee, charge, levy or by any other name — that, in relation to a federal entity, is fixed by the Governor in Council, the Treasury Board, a minister or the federal entity under a power conferred by an Act of Parliament or a capacity to contract and is payable for

  • (a) the provision of a service;

  • (b) the provision of the use of a facility;

  • (c) the conferral, by means of a licence, permit or other authorization, of a right or privilege;

  • (d) the provision of a product; or

  • (e) the provision of a regulatory process. (frais)

  fiscal year

  fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year. (exercice)

  responsible authority

  responsible authority means, with respect to a fee fixed in relation to a federal entity, the appropriate Minister, as defined in section 2 of the Financial Administration Act, with respect to that entity or a person designated under subsection 2(2). (autorité compétente)

• Marginal note:Designation of responsible authority

  (2) The appropriate Minister, as defined in section 2 of the Financial Administration Act, with respect to a federal entity may, in writing, designate the federal entity’s chief executive officer or deputy head, whatever their title, as the responsible authority with respect to any fees fixed in relation to that entity.

• Marginal note:Non-application of Act

  (3) This Act does not apply to a fee if

  • (a) the fee is fixed under the Access to Information Act or the Privacy Act; or

  • (b) the fee is paid only by or on behalf of a minister or federal entity.

Performance Standards

Marginal note:Non-application — sections 4 to 7

3 Sections 4 to 7 do not apply to a fee if

• (a) the fee is fixed by contract;

• (b) the President of the Treasury Board approves that those sections do not apply and the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate; or

• (c) the fee is referred to in paragraph (d) of the definition fee.

Marginal note:Obligation — responsible authority

4 The responsible authority with respect to a fee must ensure that a performance standard is established in respect of the fee, in accordance with Treasury Board policies or directives, if any.

Marginal note:Amendments

5 Before a performance standard established in respect of a fee that is fixed after this section comes into force is amended, the responsible authority with respect to the fee must consult any persons and organizations that the responsible authority considers to be interested in the matter.

Marginal note:Accessibility

6 The responsible authority with respect to a fee must ensure that the performance standard established in respect of the fee, or any amended standard, is accessible to the public.

Marginal note:Remissions

• 7 (1) If the responsible authority with respect to a fee considers that the performance standard in relation to the fee has not been met in a fiscal year, the responsible authority must remit, before July 1 of the following fiscal year, the portion of the fee that the responsible authority considers appropriate to any affected person who paid the fee.

• Marginal note:Policies or directives

  (2) The consideration of whether the performance standard in relation to a fee has not been met and what is the appropriate portion of a fee to be remitted, as well as the remission, must be made in accordance with Treasury Board policies or directives.

Marginal note:Statutory Instruments Act

8 A performance standard is not a statutory instrument for the purposes of the Statutory Instruments Act.

Consultation and Parliamentary Review

Marginal note:Non-application — sections 10 to 15

9 Sections 10 to 15 do not apply to a fee if

• (a) the fee is fixed by contract;

• (b) the President of the Treasury Board approves that those sections do not apply and the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate;

• (c) the fee is fixed by a regulation, as defined in subsection 2(1) of the Statutory Instruments Act, that is published in Part I of the Canada Gazette before it is made; or

• (d) an Act of Parliament other than this Act requires consultation before the fee is fixed.

Marginal note:Requirements

• 10 (1) The requirements of sections 11 to 15 are to be met before a fee is fixed.

• Marginal note:Non-application in case of adjustment

  (2) For greater certainty, those sections do not apply when a fee is adjusted annually by operation of section 17 or periodically by operation of an Act of Parliament other than this Act, or an instrument made under such an Act.

Marginal note:Fee proposal

11 The responsible authority with respect to a fee must develop a fee proposal that includes the following information:

• (a) the amount of the fee or the manner for determining its amount;

• (b) the circumstances in which the fee will be payable;

• (c) the rationale for the fee;

• (d) the factors taken into account in determining the amount of the fee or the manner for determining its amount; and

• (e) any performance standard that will apply in respect of the fee.

Marginal note:Consultation

12 The responsible authority must consult interested persons and organizations on the fee proposal by

• (a) making it accessible to the public;

• (b) inviting interested persons and organizations to make representations on it, specifying a deadline for making those representations, providing information on the requirement of paragraph (c) and specifying the time limit for submitting a complaint under subsection 13(1); and

• (c) replying to any representations made by interested persons and organizations within 30 days after the deadline specified under paragraph (b).

Marginal note:Complaints

• 13 (1) An interested person or organization may, within 10 days after the time limit set out in paragraph 12(c) expires, submit a complaint in writing to the responsible authority with respect to the responsible authority’s reply to their representations.

• Marginal note:Establishment of panel

  (2) The responsible authority must, within 30 days after the time limit set out in subsection (1) expires, establish a panel to review all complaints submitted under subsection (1).

• Marginal note:Composition of panel

  (3) The panel is to be composed of the following members:

  • (a) one person selected by the responsible authority;

  • (b) one person selected by all the interested persons and organizations that submitted complaints; and

  • (c) one person selected by the persons selected under paragraphs (a) and (b).

• Marginal note:Selection by responsible authority

  (4) If a selection referred to in paragraph (3)(b) or (c) is not made within the time limit set out in subsection (2), the responsible authority must select a person to be a panel member as soon as feasible.

• Marginal note:Costs

  (5) The responsible authority is responsible for the costs of the panel, including the remuneration and expenses that are payable to the panel members.

• Marginal note:Report

  (6) The panel must issue a report on the complaints within 90 days after the day on which the panel is established. Any recommendations set out in the report are not binding on the responsible authority.

• Marginal note:Extension of time limit

  (7) The responsible authority may, at the request of the panel, extend the time limit set out in subsection (6) by a maximum of 30 days.

Marginal note:Tabling of materials in Parliament

14 The responsible authority must cause the following materials to be tabled in both Houses of Parliament:

• (a) the fee proposal;

• (b) a summary of the consultations on the fee proposal; and

• (c) if a review panel was established, its report and a summary of any actions taken by the responsible authority as a result of the report.

Marginal note:Parliamentary review

• 15 (1) The tabled materials stand permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to the activities of the federal entity in question.

• Marginal note:Report

  (2) The committee may review the materials and may submit to the Senate or the House of Commons, as the case may be, a report that contains its recommendations with respect to the fee proposal.

• Marginal note:Deemed report

  (3) If the committee does not submit a report that contains its recommendations within the first 20 sitting days after the day on which the materials are tabled, the committee is considered to have submitted a report to the Senate or the House of Commons, as the case may be, recommending the approval of the fee proposal.

Annual Adjustment

Marginal note:Non-application — sections 17 and 18

• 16 (1) Sections 17 and 18 do not apply to a fee if the fee is fixed by contract.

• Marginal note:Approval by President of Treasury Board

  (2) Sections 17 and 18 do not apply to a fee if the President of the Treasury Board approves that those sections do not apply and

  • (a) the person or body that fixes the fee does so by fixing a manner for determining the amount of the fee over which that person or body has no control, such as an auction or a method that is based on the market rate;

  • (b) the fee is fixed in a manner that takes inflation into account; or

  • (c) the fee is adjusted periodically by operation of an Act of Parliament other than this Act or by operation of an instrument made under such an Act.

Marginal note:Consumer Price Index

• 17 (1) A fee is adjusted in each fiscal year — on the anniversary of a date that is selected by the responsible authority with respect to the fee before the first adjustment — by the percentage change over 12 months in the April All-items Consumer Price Index for Canada, as published by Statistics Canada under the Statistics Act, for the previous fiscal year.

• Marginal note:Exception

  (2) A fee is not adjusted by operation of subsection (1) in a fiscal year if

  • (a) the fee is fixed in that fiscal year before the adjustment date; or

  • (b) the percentage change described in subsection (1) for that fiscal year is less than 1%.

• Marginal note:Adjustment — subsequent fiscal year

  (3) If paragraph (2)(b) applies with respect to a fiscal year, the percentage change referred to in that paragraph is carried forward to the subsequent fiscal year. If the combined percentage change is less than 1%, the fee is not adjusted for that subsequent fiscal year and the combined percentage change is carried forward to the next subsequent fiscal year.

• Marginal note:Adjustment of fee — round down

  (4) The responsible authority may, in accordance with Treasury Board policies or directives, round down a fee after an adjustment under subsection (1) in a given fiscal year.

• Marginal note:Anniversary date — change

  (5) Despite subsection (1), the responsible authority may change the anniversary date selected in respect of a fee in accordance with Treasury Board policies or directives.

Marginal note:Effect of section 17

18 For greater certainty, section 17 does not limit any power conferred under an Act of Parliament to fix a fee.

Reports

19 [Repealed, 2023, c. 26, s. 275]

Marginal note:Report — responsible authority

• 20 (1) In each fiscal year, a responsible authority must, in accordance with Treasury Board policies or directives, if any, cause a report to be tabled before each House of Parliament that sets out

  • (a) the fees within the jurisdiction of the responsible authority that were payable in the previous fiscal year;

  • (b) the authorities under which those fees were fixed;

  • (c) the revenue received from those fees;

  • (d) any costs incurred in relation to the things for which those fees were paid;

  • (e) the degree of compliance with any performance standards established in respect of those fees;

  • (f) any remissions made under section 7 in respect of those fees;

  • (g) the fees within the jurisdiction of the responsible authority that will be adjusted by operation of section 17 in the fiscal year after the year in which the report is tabled along with the adjustment date and the adjusted amount or adjusted manner for determining the amount; and

  • (h) any other information required by the Treasury Board.

• Marginal note:Referral to committee

  (2) The report stands permanently referred to the committee of each House of Parliament that is designated or established to review matters relating to the activities of the federal entity in question.

Marginal note:Report — President of Treasury Board

21 The President of the Treasury Board must, no later than March 31 of a fiscal year in which any report referred to in subsection 20(1) is tabled, make a report accessible to the public that

• (a) consolidates the information set out in the tabled reports;

• (b) lists the amendments to the regulations made by the President of the Treasury Board under section 22 in that fiscal year; and

• (c) lists the approvals given by the President of the Treasury Board in that fiscal year under this Act.

Low-materiality Fees

Marginal note:Non-application — sections 3 to 18

• 22 (1) Subject to the regulations, sections 3 to 18 do not apply in respect of a low-materiality fee.

• Marginal note:Regulations

  (2) The Treasury Board may make regulations respecting low-materiality fees, including regulations

  • (a) listing the fees that are considered to be low-materiality fees or the fees that are not considered to be low-materiality fees;

  • (a.1) setting out criteria for determining whether fees are low-materiality fees and when low-materiality fees cease to be low-materiality fees;

  • (b) setting out when sections 3 to 18 cease to apply in respect of low-materiality fees and when those sections apply to fees that have ceased to be low-materiality fees; and

  • (c) establishing the factors that the President of the Treasury Board must take into account while exercising the power referred to in subsection (3).

• Marginal note:Amending regulations — President of the Treasury Board

  (3) The President of the Treasury Board may, by regulation, amend regulations made under paragraph (2)(a), taking into account any factors established under paragraph (2)(c).