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

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19 [Repealed, 2023, c. 26, s. 275]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).