Red Tape Reduction Exercise — Canadian Heritage and Portfolio Organizations 2025

On this page

• Background
• Executive summary
• Progress
• Appendix A — Canadian Heritage Portfolio Legislation & Regulatory Framework

Background

The President of the Treasury Board mandated all federal government organizations to launch a process to review red tape in the current regulatory framework. Departments must identify regulations that are outdated or redundant, as well as processes that are complicated, needlessly long or too costly. This exercise is the first step in an ongoing process.

Executive summary

The regulatory framework of the Department of Canadian Heritage and its portfolio organizations covers a number of areas and governs the activities of many vastly different industries. The cultural industry is one that constantly evolves and changes over time. Development of the regulatory framework has spanned numerous periods. Rules for modern industry activities are added to the rules for previous activities. The regulatory framework was reviewed, taking into account changes that have occurred over time, particularly evolving technologies, changing consumer habits, globalization and inflation.

Canadian Heritage reviewed its regulatory red tape in the broader context of other major exercises involving the Department, namely, the transformation of grants and contributions programs, the mandate letter from the Prime Minister to all ministers, and the Minister of Canadian Identity and Culture and Minister responsible for Official Languages’ resulting mandate.

Practically speaking, the relevance of regulations was initially studied. To do this, public servants who oversee these regulations were asked to determine whether eliminating or scaling back each regulation could have a positive impact on, and benefits for the industry, without causing negative repercussions. Public servants were also asked to be creative, bold, comprehensive and collaborative in their review, with the goal of facilitating the process for industry stakeholders.

Canadian Heritage and its portfolio are responsible for applying a legislative framework of 33 acts, giving rise to 64 regulations. These 33 acts, in whole or in part, come under the mandate of the Minister of Canadian Identity and Culture and Minister responsible for Official Languages, and create a regulatory framework totalling 52 regulations managed and applied, in whole or in part, by the Department of Canadian Heritage and its Portfolio organizations. All of these regulations (Appendix A) were reviewed and studied as part of this exercise. In addition, Parks Canada is responsible for twelve acts and 33 regulations, while four acts and sixteen regulations fall under the responsibility of the Canadian Radio-television and Telecommunications Commission (CRTC).

This report contains no specific details on regulations under the CRTC’s responsibility to which this exercise applies, as the CRTC is an independent quasi-judicial tribunal that regulates the Canadian communications sector in the public interest. View the CRTC’s report.

Details regarding acts and regulations under Parks Canada’s responsibility are also presented in a separate report.

Note that the regulations administered under the mandate of the Secretary of State (Nature) will be part of the exercises of the respective departments responsible for the legislation in question.

Responsibility for applying the regulations is broken down by department sector or portfolio organization as follows:

After the 52 regulations were reviewed, it was determined that two would be amended.

Progress

The Department of Canadian Heritage and its portfolio organizations began by reviewing all regulations and identifying which should be part of this exercise. For most regulations, it was determined that they do not seem to create an administrative burden and are currently useful in the area that they regulate. Two regulations were identified as creating red tape, which are explained below.

The review process has begun and the studies will start as soon as possible. The studies will include consultation with stakeholders and study feasibility, what amendment or repeal process should be used, how to minimize risk and maximize benefits, and how to optimize results.

Amending two regulations related to the Cultural Property Export and Import Act would facilitate the import and export process for companies in the cultural property domain. These changes would allow for an increase in exports by reducing red tape without changing existing standards for protecting the integrity and cultural value of such property. This type of regulatory amendment is consistent with the mandate given to all ministers to spend less on government operations so that Canadians can invest more in the people and businesses that will build the strongest economy in the G7.

Here are the two regulations that were identified as needing amendment, for which the process has begun:

• Canadian Cultural Property Export Control List
  • Background: The Canadian Cultural Property Export Control List identifies the types of cultural property subject to export controls and the type of permit required to export this property. The thresholds for requiring a permit are generally based on monetary value. The minimum monetary values on the list have not been updated since 1978, and many industry stakeholders have indicated that these thresholds should be increased in a number of property categories, since many cultural property items are subject to unnecessary controls by the legislation and its regulations.
  • Measures: The most recent consultations on the Canadian Cultural Property Export Control List took place in 2015. A new round of consultation will be arranged between experts and stakeholders, including the Canadian Cultural Property Export Review Board, several Indigenous Groups and key stakeholders, including businesses working in the field. The goal of these consultations would be to propose higher thresholds, align the regulations with the United Nations Declaration on the Rights of Indigenous Peoples and correct any existing vague vocabulary. This process has not started yet, but a plan is being developed that takes into account the complexity of the issue and the number of stakeholders to be included in the exercise. It is estimated that the exercise will take between 12 and 18 months, including a consultation phase of approximately six months.
  • Expected results: Increasing the minimum value thresholds for various categories on the Canadian Cultural Property Export Control List will cut red tape for exporters by significantly reducing the number of cultural exports that require an export permit. This will also reduce administrative burden and costs, as it will allow a reduction in the number of export permit applications that require further review from an expert examiner, who evaluates the outstanding significance and national importance of objects being exported.
• Cultural Property Export Regulations
  • Background: Application forms to obtain an export permit for cultural property are very long and complex, requiring the completion of 161 information fields. The process is very cumbersome and takes applicants a lot of time, especially regular applicants, since the application form is printed and must be submitted in hard copy format.
  • Measures: Some aspects of the regulations could be simplified and modernized to make the process easier for permit applicants. In particular, the form could be simplified, and the possibility of developing a faster and simpler process will be explored. However, a large number of the requirements will have to stay the same to ensure proper administration and comprehensive monitoring of cultural property export permits. This exercise to review aspects of the regulatory burden that could be reduced will be done in parallel with the exercise to review the regulations of the aforementioned Canadian Cultural Property Export Control List.
  • Expected results: Revising this administrative process will significantly reduce the administrative burden on exporters. This in turn will simplify the process, making it faster and more efficient.

• Other regulations: In addition to the regulations mentioned above, 30 other regulations were reviewed. It was determined that these regulations continue to serve an important purpose. The attached table provides the full list of these regulations. Although some may be revised to reduce the administrative burden, their revision requires further assessment. As this process is intended to be ongoing, the assessment will continue to ensure the relevance of existing regulations.

  Canadian Heritage shares responsibility with Innovation, Science and Economic Development Canada (ISED) for applying 20 regulations enabled by the Copyright Act. This act is highly technical and complex. ISED has primary responsibility for these regulations and has indicated that none of the 20 regulations will be amended or repealed as part of this exercise.

Appendix A — Canadian Heritage Portfolio Legislation & Regulatory Framework