Montreal Gazette

Chamber casts doubt on Liberal efforts to play ‘regulatory whack-a-mole’ on red tape

- JESSE SNYDER

OTTAWA The Canadian Chamber of Commerce gives the Liberal government a lukewarm grade on its efforts to cut the roughly 130,000 regulation­s imposed on Canadian businesses, amid worries an endless layering of administra­tive rules is increasing­ly crimping private-sector investment.

In a review of the Trudeau government’s promise to cut red tape, published Thursday, the chamber praised parts of the Liberal track record while also raising doubts over whether it would fully follow through on the most critical parts of its efforts. Business lobby groups and others have long said that a structural reform of the regulatory regime would be needed in order to attract new investment to Canada.

‘It’s regulatory whack-a-mole,” said Ryan Greer, senior director of transporta­tion and infrastruc­ture policy for the chamber and author of the report. “If you don’t fix the underlying cause of the symptoms, you’ll never address the real problem in terms of how regulation­s are crafted.”

The private sector has been warning that the complicate­d patchwork of regulation­s in Canada has caused delays to major infrastruc­ture projects such as seaports and pipelines, and also restricted the flow of foreign investment into the country.

These somewhat arcane regulation­s, which stipulate everything from the volume of vinegar in pickle jars to the manufactur­ing specs for back-up cameras in cars and trucks, are quickly growing in number. In 2015, Ottawa counted a total of 131,754 federal regulation­s that are imposed upon businesses in Canada, up from 129,860 the year before.

The Treasury Board, first under Scott Brison and now Joyce Murray, has aimed to cut back the total number of regulation­s imposed by the federal government, but has so far removed just 458 over the Liberal mandate, according to Treasury Board data.

“We’re committed to building a smarter regulatory system that unleashes business productivi­ty and innovation, while also protecting the health, safety, and environmen­t of Canadians,” Murray spokespers­on Farees Nathoo said in a written statement.

In November 2018, Finance Minister Bill Morneau announced a sweeping review of the regulatory regime that would call on regulators to consider “efficiency and economic growth” when crafting new rules.

Business groups applauded the move as a way to avoid regulation­s that needlessly stifle investment or slow infrastruc­ture developmen­ts. But the chamber report found that those efforts have “languished” and said Ottawa is unlikely to follow through until well after the general election, if at all.

“We’re disappoint­ed it’s not going to be implemente­d anytime before 2020,” Greer said in an interview.

In his report, Greer gave the Liberals an overall B-grade, with positive marks in the area of “modernizat­ion of regulatory frameworks” and in its establishm­ent of various “working groups.” He gave Ottawa an F-grade on its promise to improve consultati­ons between industry and regulators, writing that there is “evidence that regulators will continue to use consultati­on as an exercise to justify their preferred regulatory options rather than trying to improve them.”

As an example, Greer cited Bill C-69, the contentiou­s environmen­tal assessment bill that passed into legislatio­n in the late spring, in which regulators consulted heavily with industry but ultimately ignored many of their requests.

Observers say the absence of a meaningful regulatory review has already weakened Canadian competitiv­eness compared with other countries, as foreign government­s become increasing­ly clever in crafting administra­tive rules that incentiviz­e business investment.

“No government is doing this well, but Canada seems to be behind the pack,” said Craig Alexander, chief economist at Deloitte Canada, in an interview Monday.

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