Forward Regulatory Plan: 2023 to 2025 - ESDC

This Forward Regulatory Plan provides information on regulatory initiatives that ESDC aims to propose or finalize in the next 2 years through:

The Forward Regulatory Plan may also include regulatory initiatives that are planned to come forward over a longer timeframe. Comments or enquiries can be made using the contact information included with each regulatory initiative.

Regulatory initiatives

Regulatory initiatives planned or anticipated to be proposed or finalized between 2023 and 2025:

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 Canada Student Financial Assistance Regulations and Canada Student Loans Regulations (Canada Student Loans Forgiveness)

Enabling Acts

Description

The objective of the regulatory amendments would be to help improve access to primary health care in underserved rural and remote communities.

To help bring more health care workers to the communities that need them most, Budget 2022 proposed $26.2 million over 4 years, starting in 2023-24, and $7 million ongoing, to increase the maximum amount of forgivable Canada Student Loans for doctors and nurses by 50 percent.

Regulatory cooperation efforts (domestic and international)

N/A

Potential impacts on Canadians, including businesses

There would be no business impacts. The “One-for-One” Rule and/or the small business lens would not apply.

Consultations

A consultation process on the Budget 2022 announcements pertaining to Canada Student Loan Forgiveness was conducted in 2022. The Canada Student Financial Assistance Program consulted student financial assistance stakeholders, including those representing students and postsecondary institutions, through the National Advisory Group on Student Financial Assistance. The Program also consulted provinces and territories through the intergovernmental tables focused on student financial assistance and on health workforce. Furthermore, numerous stakeholder organizations with knowledge of the health care needs of underserved rural and remote communities, including associations representing a variety of health care professionals were also consulted. Proposed regulatory amendments were published in the Canada Gazette, Part I for a 30-day comment period, from June 24, 2023 to July 24, 2023.

Further information

Departmental contact information

Jonathan Wallace
Director General, Canada Student Financial Assistance Program
Learning Branch
Employment and Social Development Canada
819-654-8446
jonathan.wallace@hrsdc-rhdcc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 2022

Amendments to the Canada Student Financial Assistance Regulations, Canada Student Loans Regulations, and Apprentice Loans Regulations to support the permanent elimination of the accrual of interest on Canada Student Loans and Canada Apprentice Loans

Enabling Acts

Description

To provide relief for current and future post-secondary graduates coping with the high cost of living, the 2022 Fall Economic Statement announced the permanent elimination of the accrual of interest on Canada Student Loans and Canada Apprentice Loans as of April 1, 2023.

Legislative amendments to enact the elimination of interest received Royal Assent on December 15, 2022, as part of the Fall Economic Statement Implementation Act, 2022 and came into force on April 1, 2023.

The proposed regulatory amendments would align the regulations with the legislation by removing or amending references to the accrual of interest on student and apprentice loans. Borrowers would continue to be responsible to pay any interest that may have accrued prior to the implementation of this measure. Subject to Governor in Council approval, the regulatory amendments would come into force upon registration.

Regulatory cooperation efforts (domestic and international)

N/A

Potential impacts on Canadians, including businesses

There are no expected business impacts. The “One-for-One” Rule and the small business lens would not apply.

Consultations

Due to the consequential nature of the amendments, no public consultations on the regulatory proposal are planned.

Many stakeholders, including student groups, publicly expressed support for the elimination of the accrual of interest on student and apprentice loans following the announcement in the 2022 Fall Economic Statement. In addition, the legislative amendments were examined and debated by Parliament as part of their consideration of the Fall Economic Statement Implementation Act, 2022.

The regulatory amendments will be published in the Canada Gazette, Part II, following Governor in Council approval.

Further information

N/A

Departmental contact information

Jonathan Wallace
Director General, Canada Student Financial Assistance Program
Learning Branch
Employment and Social Development Canada
819-654-8446
jonathan.wallace@hrsdc-rhdcc.gc.ca

Amendments to the Immigration and Refugee Protection Regulations for the Temporary Foreign Worker (TFW) Program: Protecting workers from unsafe accommodations

Enabling Act

Description

The objective of the proposed amendments to the Immigration and Refugee Protection Regulations (the Regulations) is to support worker protection in the area of accommodations under the Temporary Foreign Worker (TFW) Program. In recent years, stakeholders conveyed pressing health and safety concerns regarding employer-provided unsafe and unsuitable accommodations requiring Government of Canada’s intervention.

The intent would be to grant the authority to require all employers that provide accommodations to temporary foreign workers to provide consistent validation that confirms compliance with provincial and territorial (PT) accommodations or housing standards in key areas that may have an impact on their health and safety. This validation would be required upfront, as part of the Labour Market Impact Assessment application to the TFW Program.

In addition, employers would be required to ensure that accommodations remain compliant with these standards throughout the period of temporary foreign worker’s employment. For this purpose, the Regulations would be amended to clarify the inspection authority for ESDC regarding employers who provide accommodations.

This approach responds to previous commitments to establish accommodation requirements and conditions under the TFW Program as set out in multiple Ministerial announcements, as well as the Auditor General’s recommendation published in 2021. These proposed regulatory changes are also included in the 2022-23 Departmental Plan.

Regulatory cooperation efforts (domestic and international)

ESDC will continue to collaborate with PT partners to address concerns related to unsafe and unsuitable worker accommodations. The proposed amendments to the Regulations would be situated in the context of existing accommodations-related laws, which fall under PT jurisdiction.

Potential impacts on Canadians, including businesses

The proposed amendments to the Regulations could have impacts on TFW Program employers’ business. The "One-for-One" Rule and / or the small business lens may apply. The development of the proposed regulatory changes for employer-provided accommodations would take into consideration any compliance or administrative costs potentially incurred by small businesses. The implementation timeframe will also give any impacted stakeholders sufficient time to comment, adjust and prepare to meet the new proposed requirements.

Consultations

Between October 27 to December 20, 2020, ESDC held public consultations on employer-provided accommodations in the agriculture sector to help inform improvements to the TFW Program. Feedback was received from a range of stakeholders representing migrant workers, migrant worker support organizations, employers, industry associations, PT governments, municipalities, fire chiefs and associations, public health units, unions, labour groups, academia, and foreign governments. A ‘What We Heard Report’ summarizing feedback from these consultations was released on December 1, 2021.

In March 2022, ESDC assembled a Federal, Provincial-Territorial Working Group on Accommodations to collaborate on the design and implementation of ESDC’s proposed new requirements and conditions on improved accommodations for workers. As part of this work, ESDC hosted a Ministerial Roundtable on housing standards in July 2022, which provided an opportunity to engage with key stakeholders. Representatives from PTs and municipalities, as well as from source nations and migrant worker organizations, attended and provided feedback on accommodations.

Further information

Moving forward, the Government of Canada will continue to seek opportunities to engage, collaborate, and assist all levels of government to ensure continued collective action and to ensure effective implementation of resulting changes.

The proposed changes are expected to be published in the Canada Gazette, Part I, in fall 2023/winter 2024 with a 60-day comment period

Departmental contact information

Brian Hickey
Director General
Program Policy, Worker Protections, and Stakeholder Relations Directorate
Temporary Foreign Workers Program
Employment and Social Development Canada
(613) 462-2595

Date the regulatory initiative was first included in the Forward Regulatory Plan:

April 2022

Information Communication Technologies Accessibility Regulations

Enabling Act

Description

The Accessible Canada Act (ACA) aims to create a barrier-free Canada by 2040 through the identification, removal and prevention of barriers in 7 areas, including information and communication technologies (ICT).

To that end, the ACA provides authority to make regulations based upon standards that are intended to remove barriers and improve accessibility in the 7 areas.

The Department undertook early engagement from November 2022 to January 2023. Proposed regulations, based on an ICT accessibility standard, will then be drafted for Canada Gazette, Part I consultations.

Regulatory cooperation efforts (domestic and international)

ESDC has formed a working group with ACA regulatory partners, Canadian Transportation Agency and the Canadian Radio-television and Telecommunications Commission, as well as the Canadian Human Rights Commission, of which the Accessibility Commissioner is a member. The working group will ensure regulatory alignment.

A technical advisory group of ICT accessibility experts from across the Government of Canada is also being formed to provide input to regulatory development.

ESDC also liaises with Accessible Standards Canada, which is developing a standard on ICT accessibility.

Potential impacts on Canadians, including businesses

There would be cost implications for federally regulated entities and a cost-benefit analysis is being conducted.

Consultations

Early engagement with federally regulated entities and disability organizations were held virtually, using a variety of engagement modalities, such as online publication and virtual meetings with the disability community and federally regulated entities, from November 2022 to January 2023. The feedback received will inform the design of proposed regulations which will be posted for stakeholder comments and feedback in the Canada Gazette, Part I.

Further Information

N/A

Departmental contact information

Rupa Bhawal-Montmorency
Director General
Accessible Canada Directorate
rupa.bhawalmontmorency@hrsdc-rhdcc.gc.ca
819-230-4916

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 2022

Miscellaneous Amendment Regulations Amending the Canada Student Financial Assistance Regulations and the Canada Student Loans Regulations

Enabling Acts

Description

On October 15, 2020, ESDC was notified of issues with regulatory amendments published in the Canada Gazette, Part II on September 16, 2020. These regulations implemented interest-free and payment-free leave from student loan repayment for medical or parental reasons.

Specifically, the proposed amendments would align the French version of the definition of "parental leave" with the English version as originally intended. The proposed amendments would also clarify that the Minister shall grant leave from repayment to a borrower when the eligibility requirements set out in the regulations are met and ensure that the Minister has sufficient authority to grant extensions to a leave from repayment. Proposed amendments would also be required to ensure Ministerial power to grant extensions to the period of postponement of repayment. 

Regulatory cooperation efforts (domestic and international)

N/A

Potential impacts on Canadians, including businesses

There are no expected business impacts.

Consultations

No public consultation is considered to be required at this time, as these amendments are administrative in nature.

Further information

N/A

Departmental contact information

Jonathan Wallace
Director General, Canada Student Financial Assistance Program
Learning Branch
Employment and Social Development Canada
819-654-8446
jonathan.wallace@hrsdc-rhdcc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 2022

Regulations amending the Social Insurance Number Regulations – Miscellaneous amendments

Enabling Acts

Description

This regulatory initiative aims to address a number of issues raised by the Standing Joint Committee on the Scrutiny of Regulations. The Standing Joint Committee on the Scrutiny of Regulations is a joint committee of the House of Commons and Senate that is tasked with reviewing and making recommendations on the legality and procedural aspects of regulations. The issues identified by the Committee are administrative in nature and would improve consistency and clarity within the Social Insurance Number Regulations. The modifications consist of ensuring concordance of French and English, repealing of words and sections, and making clarifications and modifications of wording used to reflect operational practices.

Potential impacts on Canadians, including businesses

There are no expected business impacts.

Regulatory cooperation efforts (domestic and international)

N/A

Consultations

Given the administrative nature of these regulatory amendments, there are no public consultation opportunities planned at this time. Treasury Board Secretariat approval will be sought for exemption to Canada Gazette, Part I pre-publication.

Further Information

N/A

Departmental contact

Stéphanie Brodeur
A/Director, Policy and Partnerships
Integrity Services Branch
Service Canada
Employment and Social Development Canada
1-438-357-1364
stephanie.a.brodeur@servicecanada.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 2023

Canada Disability Benefit Regulations 

Enabling Act

Description

The Government first committed to introduce the Canada Disability Benefit in the 2020 Speech from the Throne and reiterated this commitment in Budget 2021, the former Minister of Employment, Workforce Development and Disability Inclusion’s 2021 mandate letter, as well as Budget 2023. The Canada Disability Benefit Act was introduced in Parliament on June 2, 2022, as Bill C-22 and received royal assent on June 22, 2023.

The goal of the Benefit is to reduce poverty and improve the financial security of working-age persons with disabilities.

The proposed regulatory package will operationalize the Canada Disability Benefit by putting into place requirements and details with respect to:

  • eligibility;
  • benefit amount calculations;
  • indexing; payment periods;
  • the application process;
  • changes to decisions made by the Minister;
  • reviews, reconsiderations and appeals of decisions;
  • retroactive payments;
  • applications made on behalf of others;
  • what to do in the event of an applicant’s or beneficiary’s death;
  • the correction of administrative errors;
  • the identification and recovery of debts and overpayments;
  • offences;
  • administrative monetary penalties as well as other compliance and enforcement provisions; and,
  • the provision of additional information for the application process.

Pre-consultations to inform the development of the regulations are planned for summer and Fall 2023.

Regulatory cooperation efforts (domestic and international)

The Canada Disability Benefit (CDB) aims to reduce poverty by supplementing existing federal and provincial / territorial (FPT) income measures for working-age persons with disabilities. The benefit aligns with international approaches to addressing the financial needs of persons with disabilities. Most Organisation for Economic Co-operation and Development countries have a national disability income support program, although poverty reduction may not be their explicit focus.

There is not an opportunity to pursue a regulatory cooperation or alignment approach with any other jurisdictions or international organizations for this proposal. The initiative is not under a formal regulatory cooperation work plan.

However, PT governments play a critical role in providing benefits and supports to many Canadians with disabilities. Employment and Social Development Canada (ESDC) has been working with PTs throughout the policy development process to better understand potential interactions between the new benefit with PT programs and to limit possible negative interactions with existing PT social assistance and disability income support programs. ESDC will continue to engage with PTs to ensure the CDB will be harmonized with PT disability supports and benefits, which may require PTs to update regulations. ESDC will also take into consideration input from PTs for the CDB regulations to facilitate harmonization.

For persons with disabilities, receiving the CDB could also impact any existing federal supports and benefits they receive such as the Allowances payable to spouses and survivors under the Old Age Security Act, the Canadian Forces Income Support program, the War Veterans Allowance, the Family Supplement to Employment Insurance (including sickness benefits), the Canada Child Benefit, the Canada Workers Benefit and the Canada Workers Benefit Disability Supplement. ESDC will engage other federal departments to explore whether to exempt the CDB from the definition of income for other federal benefits.

Potential impacts on Canadians, including businesses

The broad stakeholder groups who will be impacted by these regulations are those representing persons with disabilities.

There are no expected, significant impacts on international trade or investment.

There are no expected business impacts. The CDB regulations will only directly impact benefit applicants and the responsibilities of the federal government for benefit administration.

Consultations

In summer 2021, ESDC held four roundtables with stakeholders, as well as an online survey to engage on the Disability Inclusion Action Plan (DIAP), including the CDB. The survey received approximately 8,500 responses (60% of respondents self-identified as having a disability). In winter 2022, ESDC held four CDB-specific roundtables with disability researchers and academics, organizations working with racialized communities, national disability organizations and disability service providers.

The Government also provided up to $650,000 in 2021-22 and 2022-23 to national disability organizations to support them to engage the disability community on the DIAP, including the CDB. Independent Living Canada lead this work in partnership with Muscular Dystrophy Canada.

In addition, ESDC engaged with First Nations, Inuit and Métis governments and organizations. ESDC launched a distinctions-based targeted process in January 2022 to provide up to $500,000 in funding through existing Engagement Protocol Agreements to National Indigenous Organizations to seek their advice on developing and implementing the DIAP, the CDB and National Autism Strategy (led by the Public Health Agency of Canada).

In order to respect the government-to-government relationships embedded in Modern Treaties and Self-Government agreements, in fall 2022, ESDC sent letters to holders of Modern Treaties and Self-Government agreements to request their input into the design and delivery of the CDB. As well, in summer 2022, ESDC engaged the private disability insurance sector through bilateral meetings with the Canadian Life and Health Insurance Association and the Insurance Corporation of British Columbia.

Engagement with P/Ts has been ongoing through the Federal, Provincial, Territorial Ministers Responsible for Social Services Forum, the Federal, Provincial, Territorial Deputy Ministers Responsible for Social Services Forum and the Persons with Disabilities Advisory Committee. In addition, the former Minister of Employment, Workforce Development and Disability Inclusion had engaged provincial and territorial counterparts through bilateral meetings to discuss the objective of the CDB. ESDC will continue to engage provinces and territories at all levels through the consultation process.

Budget 2023 committed $21.5 million in 2023-24 to continue work on the future delivery of the CDB, including engagement with the disability community and PTs on the regulatory process. Engagement will continue throughout the process of developing the benefit and related regulations.

Feedback received during consultations to be held in summer and fall 2023 will inform the development of draft CDB regulations. Once drafted, the regulations will follow the formal Government of Canada regulatory development process including pre-publication in Canada Gazette, Part 1 for public comment followed by the publication of the finalized regulations in Canada Gazette, Part II.

Further Information

N/A

Departmental contact information

Mausumi Banerjee
Executive Director
Office for Disability Issues
Employment and Social Development Canada
613-404-9180
mausumi.banerjee@hrsdc-rhdcc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

July 2023

Regulations Amending the Canada Student Financial Assistance Regulations 

Enabling Acts

Description

The amendments to the Canada Student Financial Assistance Regulations will help address the financial challenges faced by students and make postsecondary education (PSE) at a designated college, university or other post-secondary institution more affordable for students from low- and middle-income families for the 2023-24 academic year. These regulatory amendments will increase the amounts of available Canada Student Grants and Canada Student Loans, while also removing barriers to accessing student financial assistance (SFA) faced by first-time SFA applicants aged 22 years or older by waiving the requirement for them to pass a credit screening.

Regulatory cooperation efforts (domestic and international)

N/A

Potential impacts on Canadians, including businesses

There are no expected business impacts.

Consultations

The Canada Student Financial Assistance (CSFA) Program regularly engages with stakeholders, including student groups, borrowers, and provinces and territories through the National Advisory Group on Student Financial Assistance (NAGSFA) and the Intergovernmental Consultative Committee on Student Financial Assistance (ICCSFA). Through these groups, the CSFA Program discusses affordability of and access to PSE.

In June 2021, ICCSFA met to discuss affordability of and access to PSE generally. During this conversation and following further in-depth analysis, ICCSFA recommended to end the use of credit screening when assessing applications for SFA.

In November 2022, ICCSFA requested a broader range of affordability measures be put in place to support students, including increasing available SFA provided to students.

Similarly, student stakeholder groups like the Canadian Alliance of Students Association and the Canadian Federation of Students have been advocating for some time for supportive measures to relieve inflationary pressures on students through increased funding. Student groups most recently raised this at the November 2022 and June 2023 NAGSFA meetings.

Further information

The regulatory amendments were published in Canada Gazette, Part II on July 5, 2023.

Departmental contact information

Jonathan Wallace
Director General, Canada Student Financial Assistance Program
Learning Branch
Employment and Social Development Canada
819-654-8446
jonathan.wallace@hrsdc-rhdcc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

July 2023

Regulations Amending the Canada Student Financial Assistance Regulations, Canada Student Loans Regulations 

Enabling Acts

Description

Proposed regulatory amendments would expand the reach of the Canada Student Loan (CSL) Forgiveness benefit to more rural communities, including all communities with populations of 30,000 or less. These regulatory amendments would help to address the shortage of health professionals in rural communities and to ensure that Canadians living in rural communities get the high-quality health care they deserve.

In Budget 2023, the Government of Canada committed to provide $45.9 million over four years, starting in 2024-25, with $11.7 million ongoing, to Employment and Social Development Canada to expand the reach of the CSL Forgiveness benefit to more rural communities, including all communities with populations of 30,000 or fewer. Currently eligible communities with a population over 30,000 will remain eligible until the publication of the 2026 Census.

Regulatory cooperation efforts (domestic and international)

N/A

Potential impacts on Canadians, including businesses

There are no expected business impacts.  The one-for-one rule does not apply.

Consultations

During the pre-budget consultations for Budget 2022, briefs were submitted by the Canadian Nurses Association, Canadian Federation of Nurses Unions, College of Family Physicians of Canada, and the Canadian Medical Association.

On May 17, 2022, the Canada Student Financial Assistance (CSFA) Program met with National Advisory Group on Student Financial Assistance stakeholders. Difficulties with retaining health professionals in rural and remote communities was identified as an issue by both the Canada Alliance of Student Associations, Colleges and Institutes Canada and the Canadian Association of Student Financial Aid Administrators.

In addition, on May 18, 2022, the CSFA Program met with provincial and territorial (PT) members of the Intergovernmental Consultative Committee on Student Financial Assistance Policy Development Committee.

On May 31, 2022, the CSFA Program also met with PT ministries of health through the Federal-Provincial-Territorial Committee on Health Workforce.

The CSFA Program also met bilaterally with, Health Canada, Statistics Canada, Innovation, Science and Development Canada (e.g., Rural Secretariat) between April and August 2022. At the meetings, there was also general support for enhancements to the CSL forgiveness benefit with federal colleagues.

Furthermore, the CSFA Program engaged with stakeholders between April and November 2022 on the Budget 2022 commitments on CSL Forgiveness, which included the definition of rural and remote. In this process, 89 organizations and groups were invited to provide comments and 23 groups or organizations participated in bilateral or multilateral discussions.

Proposed regulatory amendments will be pre-published in Canada Gazette, Part I.

Further information

N/A

Departmental contact information

Jonathan Wallace
Director General, Canada Student Financial Assistance Program
Learning Branch
Employment and Social Development Canada
819-654-8446
jonathan.wallace@hrsdc-rhdcc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

July 2023

Regulations Amending the Canada Pension Plan and the Old Age Security Regulations

Enabling Acts

Description

In 2020, due to the rapid onset of the COVID-19 pandemic, Service Canada closed in-person service locations as a preventative measure, to protect workers and the public health from COVID-19. The health crisis and continued work from home orders made it necessary to adapt certain processes and requirements to meet the needs of Canadians.

In response to this, a series of interim measures were implemented to support the continued delivery of Old Age Security (OAS) and Canada Pension Plan (CPP) programs. Most of the interim measures were designed to allow Canadians to apply for benefits, while waiving certain requirements.

In 2022, the Benefit and Integrated Services Branch, Integrity Services and the Income Security and Social Development Branch agreed to implement 18 of these temporary measures on a permanent basis. However, changes to the OAS and CPP Regulations are required in order to permanently implement five of these measures.

The intent of this regulatory amendment is to streamline the evidentiary requirements for certain benefits under the CPP and OAS. This proposal would specifically allow for copies including electronic copies of certain key documents such as birth certificates, marriage certificates, death certificates, and attestations of full-time attendance at a school or university. The validity of these documents would be validated through other means, and the Minister will retain the right to request original certified copies if required.

Regulatory cooperation efforts (domestic and international)

N/A

Potential impacts on Canadians, including businesses

This proposal would reduce the regulatory burden on funeral homes by eliminating the strict requirement that they provide certified copies of certain key identity documents. In addition, the proposed regulatory amendments would reduce the administrative burden on schools and universities as students would no longer be required to have a school official sign a declaration that they are attending school full-time.

The only potential cost impact on small businesses would be a slight reduction in costs for small, independent funeral homes or schools and universities.

Consultations

Given the administrative nature of these regulatory amendments, there are no public consultations planned at this time. Treasury Board Secretariat approval will be sought for exemption to Canada Gazette, Part I pre-publication.

Further Information

N/A

Departmental contact information

Neal Leblanc
Director, Canada Pension Plan Policy and Legislation
Income Security and Social Development
Employment and Social Development Canada
819-654-1675
Neal.leblanc@hrsdc-rhdcc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

July 2023

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