Public Services and Procurement Canada
Red tape reduction review: Progress report

• Context
• Executive summary
• Progress achieved and next steps
• Next steps

Public Services and Procurement Canada (PSPC) plays an important role in the daily operations of the Government of Canada.

The department is the government's principal banker, accountant, central purchasing and defence procurement agent, linguistic authority, and real property manager. Its vision is to excel in government operations, and its mission is to deliver high-quality services and programs that meet the needs of federal organizations and ensure sound stewardship on behalf of Canadians.

Given its wide-ranging mandate, PSPC's enabling acts and corresponding regulations are numerous and cover an array of subjects. There are currently 20 acts and 27 regulations that enable and guide the department's work.

In his Mandate Letter, the Prime Minister emphasized the new Government's commitment to building an economy that works for everyone, anchored by key priorities such as building one Canadian economy and bringing down costs for Canadians.

These priorities are the driving force behind PSPC's work to reduce red tape by identifying and addressing unnecessary, inefficient, outdated or duplicate regulations. Recognizing that red tape is found in both the rules and their implementation, PSPC will also continue to consider all elements of regulations to reduce red tape, such as regulatory text, programs to support administration, compliance and enforcement practices, policies and guidance, and service delivery.

As a first step, the department has conducted a thorough review of its regulations, with a focus on reducing administrative burden, simplifying or modernizing regulatory provisions and undertaking a general cleanup of unused or underutilized rules.

The actions outlined within this report range from undertaking comprehensive reviews to making effective and impactful amendments.

One of the more impactful actions already underway is the development of Harmonized Procurement Regulations (HPR). This initiative will consolidate Canada's complex procurement obligations, stemming from a number of regulations and agreements, into one regulatory instrument to improve agility, reduce duplication, and enhance clarity for suppliers and departments alike.

Work on the HPR aligns with the department's ongoing efforts to modernize government procurement across the board by making use of electronic procurement tools and leveraging data so that procurements are simpler and less administratively burdensome. As part of this modernization, PSPC has also advanced data analytics to review and monitor contract delivery to ensure rules are followed.

In addition to regulatory consolidation, PSPC has identified two regulations that require comprehensive changes to better reflect modern operations and the use of new technologies. This includes a comprehensive update of the Translation Bureau Regulations to ensure they reflect the realities of contemporary translation services, as well as an update to the Controlled Goods Regulations that regulate controlled goods that typically have military or national security significance.

At the same time, the department will explore targeted but highly impactful amendments to other regulations. Targeted regulatory amendments include changes to the Canada Gazette Publication Order, 2014, the Government Property Traffic Regulations, the Public Works Nuisances Regulations, and the Seized Property Disposition Regulations. These amendments will, in part, seek to reduce internal administrative burdens and remove outdated requirements.

In total, through consolidation, comprehensive reviews, and targeted amendments, the department will immediately move to reduce red tape related to 14 of its regulations.

In addition, the department has identified regulations for potential repeal as they are either outdated, no longer serve a clear purpose, or have proven to be overly burdensome. These include the Selkirk Marine Railway Dry Dock Regulations and the Canadian Vickers Dry Dock Regulations, which pertain to facilities no longer in operation. The department is also exploring alternatives to regulations regarding similar assets that are still in operation, as they can be overly prescriptive, outdated and redundant, resulting in limited flexibility in the operation and management of those assets.

PSPC is committed to making progress on the items outlined in this report, and will continue to seek new ways to eliminate unnecessary regulatory burdens while maintaining protections for health, safety, and the environment.

In this section

• Item 1: Develop Harmonized Procurement Regulations
• Item 2: Undertake an update of the Controlled Goods Regulations
• Item 3: Undertake a comprehensive review of Translation Bureau Regulations
• Item 4: Amend the Government Property Traffic Regulations
• Item 5: Amend the Public Works Nuisances Regulations
• Item 6: Amend the Seized Property Disposition Regulations
• Item 7: Amend the Canada Gazette Publication Order, 2014
• Item 8: Repeal outdated and/or burdensome regulations

Item 1: Develop Harmonized Procurement Regulations

Context

Federal procurement is subject to legal requirements under the Government Contracts Regulations, the Canadian International Trade Tribunal Procurement Inquiry Regulations, 11 international trade agreements, one domestic trade agreement, and common and civil law.

For government and suppliers alike, the current regulatory regime can be complex and difficult to navigate. PSPC recognizes the need to simplify the rules while continuing to ensure that federal procurement remains fair, open, and transparent for Canadian suppliers and, where applicable, the suppliers of Canada's trade partners.

Actions

PSPC and the Treasury Board of Canada Secretariat (TBS) have been working on a proposal for the creation of Harmonized Procurement Regulations under the Financial Administration Act, which would consolidate all procurement obligations from domestic law, trade agreements, the Government Contracts Regulations and any other relevant instruments into one comprehensive procurement regulation.

Outcomes

Implementing Canada's procurement obligations through a single set of Harmonized Procurement Regulations will greatly simplify the procurement framework, reduce risk, and facilitate the achievement of procurement-related mandate commitments.

Key outcomes for this work include:

• reducing the administrative compliance burden on contracting authorities across government, as well as suppliers across Canada who bid on and participate in federal procurements
• better position federal procurement to advance the national interest and key policy objectives (e.g. prioritizing suppliers from Canada and from our reliable trading partners who provide reciprocal access for suppliers from Canada) by providing clarity and certainty on what is permitted; and
• decreasing the number of supplier complaints to the Canadian International Trade Tribunal (CITT) by clarifying legal rights and obligations with respect to procurement, while ensuring that procurement processes remain efficient

Item 2: Undertake an update of the Controlled Goods Regulations

Context

The Controlled Goods Regulations were established under the Defence Production Act to regulate the examination, possession, and transfer of controlled goods in Canada. These goods typically have military or national security significance. Although some amendments to the regulations were made in 2016, there has been no major update since they were adopted in 2001. As such, the current regulations do not account for major developments since that time, including significant shifts in technology and data protections, and they are largely framed in paper-based/analogue operating processes.

Actions

PSPC will launch a review of the Controlled Goods Regulations to identify current program gaps and ensure that there are no regulatory barriers to harmonizing the regulations with other security programs. This review will bring the regulations in line with modern standards and practices.

Outcomes

The comprehensive review will allow PSPC to identify specific amendments that are required for the Controlled Goods Regulations to remain relevant, effective and efficient. This includes amendments that reduce administrative burdens and remove barriers to harmonizing business processes with other security programs. The review will also strengthen the Government of Canada's ability to leverage and support domestic defence supply chains more effectively.

Item 3: Undertake a comprehensive review of Translation Bureau Regulations

Context

The Translation Bureau Regulations are a set of rules under the Translation Bureau Act that govern how translation and interpretation services are provided by the Translation Bureau. A number of provisions within the regulations have become outdated and no longer reflect the realities of modern translation services.

Actions

PSPC will undertake a comprehensive modernization of the rules that govern how translation and interpretation services are provided by the Translation Bureau. This includes adjusting regulatory requirements with modern operational realities, reducing administrative burden, accounting for new technologies, and removing outdated requirements. These changes will not negatively impact the critical services the Translation Bureau provides.

Outcomes

The proposed amendments will streamline unnecessary functions or requirements that are antiquated or are no longer applicable. This review will also help ensure alignment with the Official Languages Act.

Item 4: Amend the Government Property Traffic Regulations

Context

The Government Property Traffic Regulations, made under the authority of the Government Property Traffic Act, are designed to regulate and control vehicular and pedestrian traffic on federal government property in Canada.

Current penalty amounts for parking in reserved accessible parking spaces are not aligned with current penalties applicable to other jurisdictions. Specifically, the current fine is $50 on Crown land, versus $400 to $700 across Canada.

Actions

PSPC will seek to increase the penalty amount for parking in reserved accessible parking spaces to align with other jurisdictions, as current fines on Crown land are significantly lower.

Outcomes

Increasing penalties for parking in reserved accessible parking spaces on federal property will align Government Property Traffic Regulations with current Canadian standards.

Key outcomes for this work include:

• reduce administrative burden (Red Tape Reduction): Harmonizing fine values will reduce ticketing and claims processing, avoid inquiries related to inconsistent penalties from stakeholders by ensuring the severity of the penalty for this infraction is aligned with those applied in other Canadian jurisdictions
• deter unauthorized parking: Raising fines will significantly reduce unauthorized parking in accessible spaces
• enhance access: Greater availability of accessible parking will directly improve access to federal services for the public and enhance workplace accessibility for federal employees with disabilities
• advance PSPC's accessibility mandate: By removing built barriers to the built environment this action supports PSPC's commitment to a barrier-free Canada by 2040, as outlined in the Accessible Canada Act and PSPC's Accessibility Plan

The measures of success for this action will be:

• reduced infractions: A decrease in tickets for unauthorized parking in accessible parking spaces
• positive stakeholder feedback: Favourable response from disability advocacy groups, federal employee networks, and individuals about improved accessibility

This change is part of a broader effort to modernize penalty amounts on Crown lands, reinforcing PSPC's leadership in accessibility.

Item 5: Amend the Public Works Nuisances Regulations

Context

The Public Works Nuisances Regulations were established under the Department of Public Works and Government Services Act to address and prevent activities that may cause disturbances or hazards on or near federal public works and properties.

The Regulations only apply to lands under the administration of the Minister of Government Transformation, Public Works and Procurement. Therefore, the regulations cannot be applied to lands under the administration of other ministers.

As a result, for example, if there is an illegal occupation or encampment on lands under the administration of another department, that department must transfer administration of the property to PSPC in order for the Nuisances Regulations to apply and for PSPC to take action.

Actions

PSPC will seek expansion to the scope of the Public Works Nuisances regulations to include lands under the administration of all ministers.

Outcomes

Applying the Public Works Nuisances Regulations to lands under the administration of all ministers will allow all custodian federal departments to mitigate or remedy disturbances or hazards on any federal real property without a transfer of administration of that property to PSPC.

Amending these regulations will allow PSPC to support the resolution of issues such as security, building-related issues, custodial health and safety, loss of productivity occurring on or around federally-administered real property, without having to undertake a custody transfer.

The measure of success for this action will be:

• avoidance of custodial transfers
• application of measures, such as fines for contraventions under the Nuisance Regulations, in response to critical incidents as recorded by PSPC within the scope of its operations

Item 6: Amend the Seized Property Disposition Regulations

Context

The primary purpose of the Seized Property Disposition Regulations is to govern the disposal of property seized or restrained in connection with designated criminal offences, once such property has been forfeited by court order.

The Regulations provide that the disposal of forfeited real property is subject to the Federal Real Property and Federal Immovables Act (FRPFIA) and its regulations. However, these assets, typically acquired through criminal proceedings, are fundamentally different than federal real property held for government operations or planning.

The Regulations also provide for disposal of real property using public tenders, but these provisions are unutilized and outdated.

Actions

PSPC will seek to eliminate the reference to the FRPFIA to streamline how forfeited real property is handled, making it clear that these assets are not treated like regular federal properties that are subject to disposal requirements.

PSPC will also seek to remove the outdated provisions related to public tenders for seized property disposition.

Outcomes

The proposed amendment to remove the requirement to comply with FRPFIA and its regulations will enable the expedited disposal of forfeited real property and substantially reduce the financial and administrative burdens incurred due to prolonged property management under the existing regulatory framework. This will directly benefit the Consolidated Revenue Fund and increase funds available for sharing to all jurisdictions across Canada and foreign states through the Forfeited Property Sharing Regulations.

PSPC is committed to pursuing the necessary regulatory amendments with urgency. Upon approval and implementation of the proposed changes, the department will promptly implement new operational procedures to take advantage of the changes.

Item 7: Amend the Canada Gazette Publication Order, 2014

Context

The Canada Gazette Publication Order, 2014, was issued under the Statutory Instruments Act. Its primary purpose was to formally authorize the continued publication of the Canada Gazette—Parts I, II, and III—in electronic Portable Document Format (PDF).

This activity requires a considerable amount of time to prepare, and statistics indicate that this publication format is rarely consulted on the Gazette's website (less than one per cent of the time).

Actions

PSPC will work with the Department of Justice to remove the requirement to publish in PDF, a format that is rarely used and is time-consuming to prepare.

Outcomes

The proposed amendment will eliminate the time spent creating PDF versions of the Canada Gazette, which will result in cost savings by eliminating overtime during peak periods. It will also allow PSPC to streamline its internal processes, allowing for greater flexibility in the way operations and resources are managed.

PSPC anticipates a decrease in overtime costs of over 25%, resulting in a deduction in fixed direct costs of approximately $37,000 annually.

PSPC is committed to pursuing the necessary regulatory amendments with urgency.

Item 8: Repeal outdated and/or burdensome regulations

Context

The Selkirk Marine Railway Dry Dock Regulations and the Canadian Vickers Dry Dock Regulations, enabled under the Department of Public Works and Government Services Act, govern the operation, safety, and maintenance for sites that are no longer in use and for which there is no longer any federal ownership or control.

PSPC has identified a number of other regulations that govern the operations of other similar assets that are still in use, where streamlining or adjustments may provide additional operational flexibility and be less burdensome.

Actions

PSPC will seek to repeal the Selkirk Marine Railway Dry Dock Regulations and the Canadian Vickers Dry Dock Regulations, which pertain to facilities no longer in operation.

The department is also exploring alternatives to regulations that relate to the management of similar assets still in operation as they can be overly prescriptive, outdated and redundant, resulting in limited flexibility in the operation and management of those assets. If repealing and replacing these regulations is not a viable option, the department will seek to make targeted regulatory amendments.

PSPC is committed to making progress on the items outlined in this report and will continue its work to review and streamline regulations.

As part of this exercise, PSPC will continue to implement its ongoing regulatory reforms, initiate more thorough analyses and action plans for its newly proposed amendments, and further explore the viability of other proposed red tape reduction items.

At the same time, PSPC will continue to seek new and innovative ways to eliminate red tape in all facets of its work, including its programs, policies, processes and service delivery.