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Regulatory Cooperation: Moving Forward Together
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Canada – U.S. Regulatory Cooperation Council
Regulatory Cooperation: Moving Forward Together
Ottawa, Ontario
June 14, 2017
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Treasury Board of Canada Secretariat’s (TBS) and Office of Information and Regulatory Affairs’ (OIRA) Roles in Regulatory Cooperation
Regulatory Cooperation Council Origins
Regulatory Cooperation Council Successes
Moving Forward
Outline
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TBS’s and OIRA’s Roles
in Regulatory Cooperation
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TBS Role: Regulatory Oversight
President of the Treasury Board
• Responsible for the regulatory policy and oversight function
Regulatory Affairs Sector
• Develop and oversee policies to promote good regulatory practices
• Review proposed regulations to ensure they adhere to the requirements of Government policy
• Advance regulatory cooperation across jurisdictions
Regulatory Cooperation Directorate
• Centre of regulatory cooperation expertise and thought-leadership
• Engagement with regulators and stakeholders to support and advance regulatory cooperation initiatives
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TBS Regulatory Cooperation Responsibilities
Develop policy expertise and thought leadership on
regulatory cooperation
Support Canada’s international and domestic trade priorities and further
regulatory cooperation efforts
Provide central oversight and facilitate departmental
regulatory cooperation annual planning
Support and coordinate the Canada-United States
Regulatory Cooperation Council
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OIRA Role: Regulatory Oversight
Part of White House Office of Management & Budget
• Responsible for the regulatory policy and oversight functionLed by senate-confirmed Administrator
Neomi Rao has been nominated by President Trump to be next Administrator of OIRA
• U.S. government’s central authority for the review of Executive Branch regulations, approval of Government information collections, establishment of Government statistical practices, and coordination of federal privacy policy
• Implements regulatory planning and review process set out in Executive Order 12866 – Regulatory Planning and Review
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Regulatory Cooperation Council
Origins
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Origins of the Canada-U.S. RCC
Canada-U.S. Regulatory Cooperation Council (RCC) announced in February 2011
To enhance economic competitiveness while maintaining high levels of protection for health, safety and the environment
Capitalize on longstanding opportunity to find efficiencies and cost savings by aligning regulatory systems, where appropriate
RCC initiated 2011 Objective Action
Very large annual trade relationship – world’s largest when the RCC beganHighly integrated manufacturing and supply chains
Similar consumer preferences and risk toleranceEffective, but independent, regulatory systems target similar outcomes
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Key Components of the RCC
What
• Practical approach to regulator-to-regulator cooperation to create compatible regulations and eliminate duplication while maintaining high standards for safety, health and environment
Who
• 16 Canadian and U.S. agencies with health, safety and environmental protection mandates that interact with production, manufacturing and bringing goods to market
What sectors
• Pharmaceuticals, medical devices, food, environmental standards, chemicals, cosmetics, transportation safety, dangerous goods, agriculture, energy efficiency, and aquaculture
How
• Collaboration on standards, inspections, certification, testing, product approvals, and monitoring of products on the market
• 23 work plans published with work underway
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Regulatory Cooperation Council
Successes
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Examples of RCC Success Stories
Example Outcomes Benefits
Hazardous chemicallabelling
• Harmonized labelling system
• No need to re-test,re-classify or re-label products
• $30-55M in 2015 to the North Americanpaint and coating industry
• Supports worker safety
Chemicals management compliance promotion
• Joint educational primer and fact sheet for foreign suppliers to be published this summer
• Responds to stakeholder need
• Better understanding among chemicalindustry of regulatory reporting requirements for substances subject to Significant New Activities and Significant New Uses
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Examples of RCC Success Stories (Continued)
Example Outcomes Benefits
Energy efficiency standards for consumer and commercial products
• Harmonized standards
• No need to re-test appliances in both markets
• Access to better, more efficient appliances
• $1.8B in energy costsavings by 2030 to Canadian consumers
• $1.5M per year to manufacturers, many of whom are U.S. businesses
Rail tank car standards • Consistent safety standards for interconnected rail networks
• Improved safety in both countries
• More efficient North American rail operations
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Moving Forward
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Components of RCC Work Plan Process
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Stakeholder Submissions
Regulator Review of Submissions
Regulator/ Stakeholder Event
Work Plan Development and Implementation
Technical/Expert Working Groups
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Current Environment and Drivers
Feb. 2017 Joint PM-President Trump Statement: strong expression of support for continued Canada-U.S. regulatory cooperation
Budget 2017 provides $6M over 3 years to continue supporting business growth by advancing regulatory alignment with Canada’s trade partners.
Subject of intensified international dialogue and increasingly recognized as a good regulatory practice
Reducing regulatory differences continues to be strongly supported by stakeholders: regulatory differences with trading partners are “Canada’s next top trade barrier”
(Canadian Chamber of Commerce)
Compliments U.S.regulatory reform agenda as both seek to reduce regulatory burden
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Importance of Stakeholders
Leadership
Stakeholders including industry, consumers
and NGOs, have a key role in identifying
opportunities
Collaboration
Bi-national groups of stakeholders working together on mutually
beneficial opportunities
Communication
Strong support is being communicated from multi-sector business
associations
Support
Steady growth in support has built
strength and momentum
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Next Steps
Ongoing engagement between Canadian and U.S. officials
Continue work on existing work plans
Work toward the next RCC regulator/ stakeholder event
Next iteration of work plans
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Canada’s Regulatory Cooperation with Domestic and European Union Partners
Regulatory Cooperation: Moving Forward Together
Ottawa, Ontario
June 14, 2017
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Expanding Regulatory Cooperation with New Partners
CETAStandalone chapter on regulatory cooperation (Chapter 21)
CFTAStandalone chapter on regulatory notification,
reconciliation and cooperation (Chapter 4)
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Trade with the EU, provinces and territories
EU
Annual bilateral trade value: $90.1 billion in
in goods and $39.9 billion in services
Canada’s second largest bilateral trading partner
Provinces and territories
Interprovincial trade worth $400 billion
annually
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CETA Chapter 21 on Regulatory Cooperation
Calls for creation of Regulatory Cooperation Forum
The Regulatory Cooperation Forum (RCF) will encourage cooperation and information sharing with a view to minimizing differences in regulatory
approaches.
Outlines (non-binding) objectives and principlesThe RCF is a voluntary mechanism. Either Party may decline to cooperate or
withdraw from cooperation at their discretion.
Outlines types of regulatory cooperation activities
The RCF will meet annually and help to identify potential areas for cooperation, and facilitate discussions between regulatory authorities in
Canada and the EU.
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Canadian Free Trade Agreement - CFTA
April 2017: The Governments of Canada and of all provinces and territories announce the new CFTA, which enters into force July 1, 2017.
The CFTA is designed to improve the flow of goods, services and investments across provincial and territorial borders.
Canadian governments will work together to align regulatory requirements and reduce the patchwork of rules between jurisdictions.
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Advancing Regulatory Cooperation Internationally
OECD
APEC
Advance policy research on
regulatory cooperation
Promote good regulatory practices with strategic partners
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Regulatory Cooperation –Stakeholder Submissions
Regulatory Cooperation: Moving Forward Together
Ottawa, Ontario
June 14, 2017
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Outline
RCC work plans
Key elements of submissions
Next steps
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RCC Work Plans
• Work plans describe specific areas for regulatory cooperation
• Developed bilaterally between regulators
• Informed by stakeholders
• Provide transparency on department to department commitments
• Many factors are considered including:
• Potential to enhance regulatory efficiency while preserving regulatory objectives
• Tangible benefits and impacts on regulated parties and consumers
• Support from impacted stakeholders
• Stakeholder submissions play a critical role in the development of RCC work plans
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Issue
Context
Critical Elements of Submissions
Objectives
Bi-national support
Priorities Impacts
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Issue
Submissions – Defining the Issue
1. Succinctly articulate area of concern or emerging area for alignment
2. Describe current or potential mis-alignment, including costs
3. Briefly explain potential benefits of resolving the concern
4. Explain how issue is a regulatory matter e.g. regulatory requirement, related to regulatory development or implementation
Issue
Key Objectives:• Clearly identify the concern and the broad benefits of resolution
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Context
Submissions – Setting the Context
1. Set out both Canadian and U.S. market context and competitive conditions
2. If relevant, summary of emerging market trends and evolution of sector
3. Describe considerations around the timeliness of resolution
Setting the Context
Key Objectives:• Provide information that supports understanding the impacts of
mis-alignment in the current or emerging market conditions
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Objectives
Submissions – Defining Objectives
1. Identify objectives 2. Where appropriate, delineate short, medium
and longer term goals 3. Provide potential solutions
Defining Objectives
Key Objectives:• Outline objectives, timeframes and potential solutions
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Priorities
Submissions – Identifying Priorities
1. Prioritize where more than one initiative is proposed or objectives are defined on different timescales
2. In future, consider in the context of other regulatory cooperation proposals
Key Objectives:• Communicate priorities within a proposal and between
regulatory cooperation fora
Identifying Priorities
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Impacts
Submissions – Describing Impacts
1. Articulate impacts on consumers, industry and others• Increased product choice, timelier market
access, decreased consumer/industry costs, time savings, increased product quality, more efficient and effective use of resources ($, people)
2. Where possible, quantify 3. Provide underlying analysis and evidence,
where possible
Describing Impacts
Key Objectives:• Support understanding the specific impacts of action
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Bi-national Support
Submissions – Outlining Support
1. Where possible, demonstrate bi-national and broad support• Consider joint submissions or multiple
submissions proposing the same objectives by organizations on both sides of the border and over multiple associations and interest groups
Bi-national Support
Key Objectives:• Demonstrate degree of bi-national and stakeholder support
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Points for Discussion
Are there any elements that we have missed?
Would a guidance document or template be helpful?
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Submissions – Next Steps
Build on the momentum of successes achieved to date
Upcoming formal call for submissions to support next round of work plan development