Low-materiality Fees Amendment

Summary#

The final rule titled Regulations Amending the Low-materiality Fees Regulations (SOR/2024-154) makes a small but practical change to how low-impact government fees are updated. It requires the President of the Treasury Board to consider certain factors when changing the lists of low-materiality fees and makes a few administrative edits to those lists. The regulations were registered and came into force on June 26, 2024, and were published in the Canada Gazette on July 17, 2024.

What it does#

• Adds a new requirement (section 3.1) saying the President of the Treasury Board must consider these factors when amending the schedules that list low-materiality fees:
  • the amount of the fee;
  • the context in which the fee is charged, including characteristics of the people charged;
  • the annual revenue from the fee as shown in the three most recent reports tabled about the fee;
  • any inaccuracies in how the fee is described in the schedules (including after changes to the law or rule that sets the fee).
• Makes administrative updates to the schedules that list low-materiality fees. These updates replace or clarify several schedule items tied to other rules, including references to the:
  • Nunavut Mining Regulations
  • Wildlife Area Regulations
  • Bankruptcy and Insolvency General Rules
  • Patent Rules
• Removes one outdated entry (section 5 of Part 7 of Schedule 2) because the related Port Wardens fees were repealed by Transport Canada in 2021.
• Confirms these amendments came into force on the day they were registered (June 26, 2024).

Who's affected#

• Mainly internal government bodies:
  • Treasury Board of Canada Secretariat
  • Federal departments that charge fees covered by the Service Fees Act and the Low-materiality Fees Regulations.
• Not directly affected:
  • Fee payers and the general public are not expected to see new fees or immediate changes to amounts because of this rule.
  • The regulatory change does not target businesses or Indigenous groups; it is administrative.

Why it matters#

• It speeds up and simplifies how the government updates the list of low-materiality fees. Departments can get changes into the schedules faster because the President of the Treasury Board can make some updates without a full Treasury Board submission.
• The decision must now explicitly consider recent revenue and who pays the fee, so updates should be better informed.
• In everyday terms: this should help reduce internal delays and small administrative costs when departments need to correct or update low-impact fee listings. It does not itself raise or lower fees or change public obligations.