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Low-materiality Fees Regulations (SOR/2019-109)

Regulations are current to 2022-06-20 and last amended on 2019-05-01. Previous Versions

Low-materiality Fees Regulations

SOR/2019-109

SERVICE FEES ACT

Registration 2019-04-25

Low-materiality Fees Regulations

The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 22(2)(a) of the Service Fees ActFootnote a, makes the annexed Low-materiality Fees Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Service Fees Act. (Loi)

report

report means a report tabled in accordance with subsection 20(1) of the Act. (rapport)

Low-materiality Fees

Marginal note:Criteria

  •  (1) For the purpose of subsection 22(1) of the Act, the following fees are considered to be low-materiality fees:

    • (a) any fee that is less than $51;

    • (b) any fee that is $51 or more but less than $151 if

      • (i) the three most recent reports tabled in respect of the fee before the first day of the current fiscal year set out no more than $500,000 of annual revenue received from that fee,

      • (ii) the fee has been adjusted since the tabling of the most recent report in respect of it and the three most recent reports tabled in respect of it set out no more than $500,000 of annual revenue received from that fee,

      • (iii) there have not been three reports in respect of the fee and the fee has, at no time since the day on which these Regulations came into force, been more than $151 or referred to in Schedule 2, or

      • (iv) the fee was previously considered a low-materiality fee in accordance with paragraph (a), subparagraphs (i) to (iii) or paragraph (c) and has not since ceased to be a low-materiality fee in accordance with section 3; and

    • (c) the fees referred to in Schedule 1.

  • Marginal note:Exceptions

    (2) Paragraphs (1)(a) and (b) do not apply to

    • (a) any fee the amount of which is determined by a formula; and

    • (b) the fees referred to in Schedule 2.

Marginal note:Cessation of low-materiality

  •  (1) A low-materiality fee ceases to be a low-materiality fee on

    • (a) the day on which it is increased to $151 or more;

    • (b) if the fee is $51 or more but less than $151, the first day of the fiscal year after the tabling of a third consecutive report setting out more than $500,000 of annual revenue received from that fee;

    • (c) the day on which it is adjusted, if the adjusted fee is $51 or more but less than $151 and the three most recent reports tabled in respect of the fee set out more than $500,000 of annual revenue received from that fee;

    • (d) the day on which it is added to Schedule 2; or

    • (e) the day on which it is removed from Schedule 1 if

      • (i) it is $151 or more, or

      • (ii) it is $51 or more but less than $151 and the three most recent reports tabled in respect of it set out more than $500,000 of annual revenue received from that fee.

  • Marginal note:Exception

    (2) Paragraphs (1)(a) to (d) do not apply to fees referred to in Schedule 1.

Transitional Provision

Marginal note:Fees from $51 to $151

 Despite subparagraph 2(1)(b)(iii), a fee that is $51 or more but less than $151 is not, unless it is referred to in Schedule 1, considered to be a low-materiality fee if, during the one-year period before the day on which these Regulations come into force, a report setting out more than $500,000 of revenue received from that fee was tabled or a document to the same effect was published on the website of the federal entity in relation to which the fee was fixed.

Coming into Force

Marginal note:S.C. 2017, c. 20

Footnote * These Regulations come into force on the day on which section 22 of the Service Fees Act, as enacted by section 451 of the Budget Implementation Act, 2017, No. 1, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1(Paragraphs 2(1)(c) and 3(1)(e), subsection 3(2) and section 4)Low-materiality Fees

PART 1Miscellaneous Fees

  • 1 Fees for copies of documents

  • 2 Parking fees

PART 2Financial Administration Act

PART 3Territorial Lands Act

PART 4Canada Wildlife Act

PART 5Canada Petroleum Resources Act

PART 6Canadian Agricultural Loans Act

PART 7Department of Industry Act

  • 1 Fees for written opinions, as set out in the Competition Bureau Fee and Service Standards Policy, as amended from time to time

PART 8Parks Canada Agency Act

  • 1 The following fees, as set out in the Parks Canada Master List of Fees, as amended from time to time:

    • (a) fees for business licences

    • (b) fees for operating a boat cruise (commercial services)

    • (c) multimedia fees

    • (d) film and photography fees

    • (e) realty documentation fees

    • (f) cemetery fees

    • (g) fees for heritage presentation special programs

    • (h) waste transfer station fees

    • (i) firefighting fees

    • (j) commercial operator canoe launch fees

    • (k) fees for ambulance services

PART 9Canada Small Business Financing Act

PART 10Canada National Parks Act

PART 11Canada Shipping Act, 2001

SCHEDULE 2(Subparagraph 2(1)(b)(iii) and paragraphs 2(2)(b) and 3(1)(d))Fees that are not Considered Low-materiality Fees

PART 1Bankruptcy and Insolvency Act

PART 2Fisheries Act

PART 3Patent Act

  • 1 Fees set out in subparagraphs 30(a)(i), (b)(i) and (c)(i) and clauses 31(a)(i)(A), (b)(i)(A) and (c)(i)(A) of Part VI of Schedule II to the Patent Rules

PART 4Radiocommunication Act

PART 5Canadian Food Inspection Agency Act

  • 1 Fees set out in Parts 4, 5, 11, 12, 14 and 15 of the Canadian Food Inspection Agency Fees Notice, as amended from time to time

PART 6Parks Canada Agency Act

  • 1 The following fees, as set out in the Parks Canada Master List of Fees, as amended from time to time:

    • (a) entry fees

    • (b) pool admission fees

    • (c) golf fees

    • (d) fees for hiking — Chilkoot Trail

    • (e) camping fees

    • (f) backcountry use and camping fees

    • (g) backcountry daily excursion fees

    • (h) excursion/camping fees

    • (i) accommodation fees

  • 2 Fees set out in the Parks Canada National Accommodation Product Fees, as amended from time to time

PART 7Canada Shipping Act, 2001

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