Vol. 151, No. 10 — May 17, 2017

Registration

SOR/2017-84 May 5, 2017

FARM INCOME PROTECTION ACT

Regulations Repealing Certain Regulations Under the Farm Income Protection Act (Miscellaneous Program)

P.C. 2017-467 May 5, 2017

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 18(1) of the Farm Income Protection Act (see footnote a), makes the annexed Regulations Repealing Certain Regulations Under the Farm Income Protection Act (Miscellaneous Program).

Regulations Repealing Certain Regulations Under the Farm Income Protection Act (Miscellaneous Program)

Repeals

1 The following Regulations are repealed:

Coming into force

2 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

There are currently 74 spent or inactive regulations under the authority of the Farm Income Protection Act (FIPA) that have no current application as their specific time frame has lapsed. These inactive and spent regulations create clutter in the regulatory base and cause confusion for industry and stakeholders searching for active regulations. The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has expressed concern with regard to the existence of these inactive and spent regulations and has requested their repeal.

Background

Established in 1958, the Agricultural Stabilization Act (ASA) authorized the Government of Canada (GoC) to provide income support to producers in periods of depressed market returns. Regulations were enacted under the ASA as the need arose to support the producer insurance program. These regulations set the conditions for payments for specified crops or commodities (e.g. potato, hog, cheese) for a defined and limited time period for which they would be eligible under the insurance program (e.g. support to potato producers for the 1981–1982 crop year).

In 1991, the ASA was replaced by the FIPA, and all ASA regulations, regardless of whether they were still active or inactive and spent, were migrated under the FIPA. There are 73 regulations under the FIPA that have no current application and for which the time frame has passed and are now considered inactive or spent.

There is one regulation that was promulgated under the original authority of the Western Grain Stabilization Act (WGSA), which authorized the Western Grain Stabilization (WGS) Program. The WGS Program wrapped up in the early 1990s when it was replaced by two new programs established under the FIPA. The WGS Program paid out what it owed producers at the time, ceased operations, and has been inactive ever since. The ASA also replaced the WGSA, and this regulation was also migrated under the FIPA.

Objectives

The objective of this regulatory amendment is to repeal 73 spent regulations made under the FIPA and its predecessor legislation, the ASA, and one regulation made under the authority of the WGSA to streamline the regulatory base, remove regulatory clutter, clarify applicable regulations, reduce stakeholder confusion and respond to concerns raised by the SJCSR.

Description

The 74 inactive and spent regulations that are repealed, including the reference to the original enactment in brackets, are as follows.

Regulations promulgated under the ASA

The following 67 regulations were promulgated under the original authority of the ASA. The ASA was superseded by the FIPA in April 1991, and the existing regulations were migrated under the authority of the new Act. The purpose of these regulations was to set out the conditions (i.e. base price, prescribed percentage and/or payments) for stabilization of the named commodity in the stated year under the farm income protection program authorized by the FIPA. These regulations have no current application since their specific time frame has lapsed.

Regulation promulgated under the WGSA

This regulation was promulgated under the original authority of the WGSA. The WGSA has since been superseded by the FIPA, and this existing regulation was migrated under the authority of the new Act. The purpose of this regulation was to set the levies for the sale of Western grain for the stabilization of net proceeds authorized by the WGSA. This regulation has no current application since the program paid out what it owed to producers at the time and ceased operations in the early 1990s.

Regulations promulgated under the FIPA

The following six regulations were promulgated under the authority of the FIPA. The purpose of these regulations was to set payments to the Canadian Dairy Commission for the purpose of protecting the income of milk producers selling industrial milk and cream delivered in the stated year as authorized by the FIPA. There regulations have no current application since their specific time frame has lapsed.

“One-for-One” Rule

The “One-for-One” Rule applies as the repeal of regulatory titles is considered an “OUT” under Element B of the Rule. Therefore, the Agriculture and Agri-Food Portfolio will claim 74 “OUTS” for the repeal of 74 regulatory titles.

There are no administrative costs or savings associated with these repeals because the regulations are inactive or spent.

Small business lens

The small business lens does not apply to this proposal as there are no costs to small business.

Consultation

Consultations were not required as these regulations are inactive and spent.

Rationale

The repeal of these 74 inactive or spent regulations streamlines the regulatory base, removes regulatory clutter, clarifies applicable regulations, reduces stakeholder confusion, and responds to the concerns of the SJCSR.

Although the repeal of these 74 regulatory titles has no impact on the administrative burden of business nor does it contribute to its reduction, the repeals serve to streamline the regulatory base and clarify applicable regulations for industry and stakeholders.

Implementation, enforcement and service standards

As these 74 regulations have no current application and are already inactive and spent, they will cease to exist on the day on which they are repealed. There is no impact on current enforcement activities as a result of these repeals.

Contact

Alan Monfette
Chief
Regulatory Policy Coordination Office, AAFC-AAC
Telephone: 613-773-2330
Email: alan.monfette@canada.ca