Former MP and Minister Roy Cullen on the Service Fees Act (Budget 2017 Bill C-44)

Former Minister Cullen’s submission to the Finance Committee’s hearings on the omnibus Budget Bill C-44 and the User Fees Act/Service Fees Act:

It is disappointing and somewhat disconcerting that C 212, An Act respecting user fees, will be repealed and replaced by the Service Fees Act. It took me roughly two years to steer my Bill through Parliament where it received unanimous consent.

I am told that since C 212 received Royal Assent in March 2004, only roughly nine user fee proposals have followed the process outlined in that piece of legislation. For me it begs the question, did Departments/Agencies not believe their proposal would meet the criteria laid out in C-212, or were the user fee proposals not that important? Some parts of C 212 may be somewhat cumbersome and I support any streamlining that will improve the efficiency of the legislation.

With respect to performance standards, will the Treasury Board and TB Secretariat ensure that the performance standards that are proposed by Departments and Agencies are realistic stretch goals and not unambitious targets? Will these performance standards be benchmarked against jurisdictions with similar fees? While I appreciate that, consistent with C-212, consultations with interested persons and organizations are required (Art. 12) and that complaints will be reviewed by a panel (Art. 13), Bill C-212 calls for the department or agency to “establish standards which are comparable to those established by other countries with which a comparison is relevant and against which the performance of the regulating authority can be measured”. {Art. 4(1)(f)}.

Departments will be inclined to set performance standards that they can meet, and in many cases they will be inclined to argue that comparisons with other jurisdictions cannot be made.

Source: https://www.ourcommons.ca/Content/Committee/421/FINA/Brief/BR8953638/br-external/CullenRoy-e.pdf

 

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About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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