Employment and Social Development Canada Forward Regulatory Plan: 2021 to 2023
This Forward Regulatory Plan provides information on regulatory initiatives that Employment and Social Development Canada (ESDC) aims to propose or finalize in the next 2 years through:
- pre-publication in the Canada Gazette, Part I
- final publication in the Canada Gazette, Part II
The Forward Regulatory Plan may also include regulatory initiatives that are planned to come forward over a longer time frame. Comments or enquiries can be made using the ESDC contact information included with each regulatory initiative.
Regulatory initiatives
Regulatory initiatives planned or anticipated to be proposed or finalized between 2021 and 2023.
- Amendments to the Immigration and Refugee Protection Regulations – Strengthening worker protections
- Accessible Canada Regulations: Foundational Regulations Covering Accessibility Planning & Reporting Requirements and Administrative Monetary Penalties
- Regulations amending the Canada Disability Savings Regulations
- Miscellaneous amendment regulations amending the Canada Education Savings Regulations
- New regulations to increase the number of weeks available under the Canada Recovery Benefits Act and corresponding leave under the Canada Labour Code
For more information
Consult ESDC's Acts and Regulations web page for:
- a list of acts and regulations administered by ESDC
- further information on ESDC's implementation of government-wide regulatory management initiatives
Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:
To learn about upcoming or ongoing consultations on proposed federal regulations, visit:
Amendments to the Immigration and Refugee Protection Regulations: Strengthening worker protections
Enabling Act
Financial Administration Act; Immigration and Refugee Protection Act
Description of the objective
The objective of these amendments to the Immigration and Refugee Protection Regulations is to enhance the Temporary Foreign Worker Program and International Mobility Program employer compliance regimes, and improve program integrity, to strengthen protections for foreign workers.
Potential impacts on Canadians, including businesses
There may be business impacts. The "One-for-One" Rule and/or the small business lens may apply. These amendments consist largely of obligations that are already in policy. Therefore, there could be some incremental compliance or administrative costs to small business but they will be of minimal impact relative to current requirements.
Regulatory cooperation efforts (domestic and international)
These amendments do not involve regulatory cooperation efforts. The sections of the Immigration and Refugee Protection Regulations to which these amendments apply do not involve either international or domestic regulatory cooperation.
Public consultation opportunities
The Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) delivered its report, Temporary Foreign Worker Program – Report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, on June 15, 2016.
Between mid-August and mid-October 2017, the Temporary Foreign Worker Program consulted with various stakeholders, including migrant worker support organizations, non-government organizations, consulate liaison officers, temporary foreign workers, provincial and territorial governments, and employers, to identify improvements to worker protections.
Additionally, further consultation will be sought through publication in Canada Gazette, Part I. Target for pre-publication is to be determined.
Further information
These changes build on the 2016 recommendations report from the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) as well as other recent federal government commitments to increase protections for temporary workers such as:
- the September 2020 Speech from the Throne, which recognized the efforts of the Canadian and migrant workers to produce, harvest, and process food throughout the ongoing pandemic, and promised them the Government’s full support and protection, and
- the commitments in the January 2021 Supplementary Mandate Letters to continue to fully support and protect workers who are vulnerable to COVID-19 and secure labour to fill workforce gaps in farming and food processing
Departmental contact information
Philippe Massé
Director General, Temporary Foreign Worker Program
Skills and Employment Branch
Employment and Social Development Canada
613-793-5673
philippe.masse@hrsdc-rhdcc.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
October 1, 2017.
Accessible Canada Regulations: Foundational regulations covering accessibility planning & reporting requirements and administrative monetary penalties
Enabling Act
Description of the objective
The proposed Accessible Canada Regulations (the proposed Regulations) would operationalize the planning and reporting requirements of the Accessible Canada Act (ACA), and establish an administrative monetary penalty framework to promote compliance with accessibility requirements and future regulations under the ACA.
Potential impacts on Canadians, including businesses
The impact on Canadians is expected to be positive, as the proposed Regulations will help reduce barriers for persons with disabilities. The proposed regulatory changes will result in costs for federally regulated businesses, including smaller businesses (for example, businesses with less than 100 employees) and therefore the provisions of the Red Tape Reduction Act and its regulations (for example, the “One-for-One” Rule and the Small Business Lens) would apply.
Regulatory cooperation efforts (domestic and international)
ESDC is collaborating with the Canadian Transportation Agency (CTA) and the Canadian Radio-television and Telecommunications Commission (CRTC), the other regulators under the Accessible Canada Act, to align, to the extent possible, their regulatory approaches. This alignment will ensure that regulations are as consistent as possible across regulators while minimizing duplication and administrative burden for federally-regulated entities.
Public consultation opportunities
Consultations covering foundational regulations under the ACA were held in 2019 with the disability community, federal government entities and federally regulated private sector entities. ESDC also partnered with three Indigenous organizations in 2019 on an engagement process on the potential tailoring of the ACA. The draft regulations were pre published in Canada Gazette, Part I on February 13, 2021.
Further information
N/A
Departmental contact information
Rupa Bhawal-Montmorency
Director General
Regulatory and Standards Development Unit
Accessibility Secretariat
Income Security and Social Development Branch
Employment and Social Development Canada
819-230-4916
rupa.b.montmorency@hrsdc-rhdcc.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
November 20, 2020.
Regulations amending the Canada Disability Savings Regulations
Enabling Act(s)
Description of the objective
The objective of these amendments to the Canada Disability Savings Regulations is, in conjunction with related amendments to the Income Tax Act, to fully implement Budget 2019 measures that will benefit persons with severe disabilities, but more particularly those whose condition improves. Budget 2019 proposed to eliminate the current requirement to close a Registered Disability Savings Plan (RDSP), and to repay the grants and bonds paid into the RDSP during the preceding 10 years that a financial institution is obliged to set aside when the beneficiary no longer qualifies for the Disability Tax Credit (DTC) (called the assistance holdback amount).
The amendments to the Canada Disability Savings Regulations will ensure that a financial institution no longer has to repay the government the assistance holdback amount merely because a beneficiary has become DTC-ineligible. In addition, the amendments will modify the assistance holdback period for RDSP beneficiaries who are no longer DTC eligible, and are between the ages of 51 and 59, by providing for a gradual reduction in the assistance holdback amount each year after the year in which the beneficiary turns 50 years of age.
Seventeen financial institutions and authorized agents currently offer RDSPs to the public. Some financial institutions will incur costs to change their systems. Financial institutions will also incur staff training costs – explaining to employees how the proposal works. However, these costs are expected to be modest.
Potential impacts on Canadians, including businesses
There may be business impacts. The "One-for-One" Rule and/or the small business lens may apply.
Regulatory cooperation efforts (domestic and international)
N/A
Public consultation opportunities
The proposal for a phased reduction over 10 years in the assistance holdback amount, after the calendar year in which a beneficiary turns 50 years of age, first appeared in Budget 2019. This announcement provided the public with some advance notice of the planned regulatory changes. In July 2019, Finance Canada published, for consultation, a news release containing draft legislative proposals to implement the tax measures announced in Budget 2019. Although the draft legislative proposals to amend the Canada Disability Savings Regulations were not included in the release, the release provided another opportunity for the public to provide feedback on the initiatives.
Following Budget 2019, some stakeholders expressed their support for the proposed changes announced in Budget 2019.
Further information
- 2019 report from the Disability Advisory Committee
- 2018 report from the Standing Senate Committee on Social Affairs, Science and Technology
Information on the changes proposed in Budget 2019 to the RDSP:
- improvements to the Registered Disability Savings Plan
- Registered Disability Savings Plan – Cessation of Eligibility for the Disability Tax Credit
In the Fall Economic Statement (FES) of November 30, 2020, the Government of Canada reiterated its ongoing commitment to implement the Budget 2019 proposed changes to the RDSP regime for beneficiaries with episodic disabilities. The draft legislative proposals to amend the Income Tax Act and the Canada Disability Savings Regulations required to enact the proposed changes can be found in the FES annex.
Departmental contact information
Krista Wilcox
Director General
Office for Disability Issues
Income Security and Social Development Branch
Employment and Social Development Canada
819-654-5577
Krista.wilcox@hrsdc-rhdcc.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
November 20, 2020.
Miscellaneous Amendment Regulations Amending the Canada Education Savings Regulations
Enabling Act(s)
Description of the objective
The amendment to the Canada Education Savings Regulations (CESR) addresses 2 observations raised by the Standing Joint Committee on the Scrutiny of Regulations (SJCSR).
On April 15, 2019, the SJCSR wrote to the Deputy Minister of Employment and Social Development Canada (ESDC) raising issues with the recent regulatory amendment that was published in the Canada Gazette, Part II, on December 26, 2018. On August 20, 2019, ESDC responded to the SJCSR agreeing to amend the CESR for 2 of the items and offering a rebuttal for the third item.
The first item is to correct a language discrepancy in subsection 10(2)(b) of the CESR where the French CESR includes the work "éventuel", but the English CESR is missing its equivalent. The proposal is to remove "éventuel" from the French version of the CESR.
The second item is to correct an inconsistency present in sections 16(2), 16(3), 16(4), and 16(5) by replacing all known instances of "considéré" with "réputé" to align those paragraphs with subsection 17(3) of the CESR.
Potential impacts on Canadians, including businesses
There are no expected impacts on Canadians or businesses.
Regulatory cooperation efforts (domestic and international)
N/A
Public consultation opportunities
The Treasury Board Secretariat has triaged the 2 items as eligible for the Miscellaneous Amendment Regulations process and has exempted the items from pre-publication in the Canada Gazette Part I. Consultation is not required for amendments falling under the Miscellaneous Amendment Regulations process.
Further information
N/A
Departmental contact information
Chantal Simard
Director, Program Operations
Canada Education Savings Program, Learning Branch
Employment and Social Development
Canada
819-654-8497
chantal.simard@hrsdc-rhdcc.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
November 20, 2020.
New regulations to increase the number of weeks available under Canada Recovery Benefits Act and corresponding leave under the Canada Labour Code
Enabling Act(s)
Canada Recovery Benefits Act and the Canada Labour Code
Description of the objective
This initiative has 2 objectives:
First, to increase the number of weeks available for the Canada Recovery Benefit (CRB) by 12 to a maximum of 38 weeks; to increase the number of weeks available for the Canada Recovery Caregiving Benefit (CRCB) by 12 to a maximum of 38 weeks; and to increase the number of weeks available for the Canada Recovery Sickness Benefit (CRSB) to a maximum of 4 weeks.
Second, to increase to 38 the maximum number of weeks of leave an employee in the federally regulated private sector can take if they are unable to work due to COVID-19 caregiving responsibilities and to increase, from 2 to 4 the maximum length (in weeks) of leave that an employee can take if he or she is unable to work due to contracting COVID-19, self-isolating, or being susceptible to COVID-19 due to other health related issues. This change would ensure that employees in the federally regulated private sector have access to the leave they need to avail themselves of the additional weeks of the CRCB and CRSB.
The Prime Minister’s January 15, 2021 Supplementary Mandate Letter to the Minister of Employment, Workforce Development and Disability Inclusion identified these amendments as mandate items, with support from the Minister of Labour.
Potential impacts on Canadians, including businesses
There could be some impacts on Canadians or businesses but the benefits of these regulations, including income support through payments to Canadians affected by COVID-19 exceed the expected costs.
Regulatory cooperation efforts (domestic and international)
Responsibility for the regulation of labour matters is constitutionally divided between the federal and provincial governments. As part of the Safe Restart Agreement, the federal government committed to create and fund the CRSB while the provincial and territorial governments committed to “establish job-protected sick leave, through regulation or legislation, that allows workers to take up to 10 days of leave related to COVID-19.” To date, all provinces and territories except Northwest Territories and Nunavut have established such a leave.
Public consultation opportunities
The Treasury Board Secretariat has signed off on the Triage and has exempted the items from pre-publication in the Canada Gazette Part I. Consultation are therefore not required.
Further information
N/A
Departmental contact information
Mona Nandy
Executive Director, Employment Insurance Program
Skills and Employment Branch
Employment and Social Development Canada
819-654-2814
613-291-5223
mona.nandy@hrsdc-rhdcc.gc.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
April 1, 2021.
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