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

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Act current to 2019-06-20 and last amended on 2019-05-01. Previous Versions

Service Fees Act

S.C. 2017, c. 20, s. 451

Assented to 2017-06-22

An Act respecting certain government fees, charges and levies

[Enacted by section 451 of chapter 20 of the Statutes of Canada, 2017, sections 16 to 18 and paragraph 20(1)(g) in force April 1, 2018, section 22 in force May 1, 2019, see SI/2019-20.]

Short title

Marginal note:Short title

 This Act may be cited as the Service Fees Act.

Interpretation

Marginal note:Definitions

  •  (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 recovery, in whole or in part, of costs that are incurred in relation to a regulatory scheme. (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.

Performance Standards

Marginal note:Application — sections 4 to 7

  •  (1) Sections 4 to 7 apply in respect of a fee referred to in any of paragraphs (a) to (c) of the definition fee.

  • Marginal note:Non-application

    (2) However, those sections do not apply if

    • (a) the fee is fixed by contract;

    • (b) 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 referring to a market rate;

    • (c) it is fixed under the Access to Information Act or the Privacy Act; or

    • (d) it is paid only by or on behalf of a minister or federal entity.

Marginal note:Obligation — responsible authority

 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

 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

 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

  •  (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

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

Consultation and Parliamentary Review

Marginal note:Application — sections 10 to 15

  •  (1) Sections 10 to 15 apply in respect of a fee referred to in any of paragraphs (a) to (d) of the definition fee.

  • Marginal note:Non-application

    (2) However, those sections do not apply if

    • (a) the fee is fixed by contract;

    • (b) 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 referring to a market rate;

    • (c) it is fixed under the Access to Information Act or the Privacy Act;

    • (d) it 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;

    • (e) an Act of Parliament other than this Act requires consultation before the fee is fixed; or

    • (f) it is paid only by or on behalf of a minister or federal entity.

Marginal note:Requirements

  •  (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

 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

 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

  •  (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.

 
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