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

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Act current to 2019-07-01 and last amended on 2019-05-01. Previous Versions

Consultation and Parliamentary Review (continued)

Marginal note:Tabling of materials in Parliament

 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

  •  (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

 Sections 17 and 18 do not apply in respect of a fee 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 adjusted periodically by operation of an Act of Parliament other than this Act, or by operation of an instrument made under such an Act; or

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

Marginal note:Consumer Price Index

  •  (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) However, a fee is not adjusted by operation of subsection (1) in a fiscal year if the fee is fixed in that fiscal year before the adjustment date.

Marginal note:Effect of section 17

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

Reports

Marginal note:Non-application — sections 20 and 21

 Sections 20 and 21 do not apply in respect of a fee if it is paid only by or on behalf of a minister or federal entity.

Marginal note:Report — responsible authority

  •  (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 the Treasury Board

 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 consolidates the information set out in the tabled reports.

Low-materiality Fees

Marginal note:Non-application — sections 3 to 18

  •  (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 the Treasury Board considers to be low-materiality fees or setting out criteria for determining whether fees are low-materiality fees and when low-materiality fees cease to be low-materiality fees; and

    • (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.

 
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