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Management Response and Action Plan — Evaluation of the Fairness at the Pumps Act (FAPA)

From: Innovation, Science and Economic Development Canada

The findings and recommendations of the Evaluation of the Fairness at the Pumps Act (FAPA) were provided to Measurement Canada (MC), an agency of ISED.  Management has been consulted and agrees with the findings included in this report and will take action to address all applicable recommendations by January 2022.

Recommendation Planned Action on the Recommendation Responsible Official (position) Target completion date

MC should explore risk-based approaches, including periodic re-inspections, to improve accuracy and fairness in trade sectors not currently overseen by FAPA.

MC acknowledges that FAPA has produced a high overall compliance rate as a result of mandatory re-inspections conducted.  These activities were primarily in the retail food and retail petrol sectors, which have made up over 90% of inspections across the eight sectors regulated by FAPA. Of the sectors not overseen by FAPA that have lower compliance rates, MC acknowledges that they have different risk contributors and environmental considerations, which may render their compliance more challenging. As a result, MC will explore leveraging a risk-based approach in trade sectors both regulated and not regulated by FAPA to help inform revisions to oversight programming. Actions taken may be contingent upon further increases in MC's capabilities or redirecting resources towards higher risk sectors.

This approach will be informed through:

President, Measurement Canada – Small Business and Marketplace Services

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  • Marketplace inspection data (quarterly dashboards to MC's Senior Management Committee (SMC) to show trends); and

President, Measurement Canada – Small Business and Marketplace Services

Beginning June 2020

  • Analysis of what interventions would be required to address risk levels found in the marketplace (report of findings and intervention strategies to MC SMC).

President, Measurement Canada – Small Business and Marketplace Services

December 2020

MC should explore alternative approaches to enable efficiencies for re‑inspections in northern and remote areas and access to ASPs (e.g., greater coordination of re-inspections).

MC will explore sustainable alternative approaches to enable access to ASPs in northern and remote areas, informed by consultations and risk analysis. This may include assessing costs versus benefits in order to determine viable options that could help in part reduce some costs of re-inspection. Specifically, MC will:

Vice-President, Regulatory Modernization Directorate Measurement Canada – Small Business and Marketplace Services.

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  • Develop a policy paper and consult with ASPs as well as Northerners and remote located Canadians; and

Vice-President, Regulatory Modernization Directorate Measurement Canada – Small Business and Marketplace Services.

December 2020

  • Propose strategies that are informed by risk trends (as per above) for MC's SMC decision.

Vice-President, Regulatory Modernization Directorate Measurement Canada – Small Business and Marketplace Services.

February 2021

MC should facilitate access to online refresher courses and learning tools for RTs and consider implementing strategies to facilitate knowledge transfer for MC inspectors.

MC will explore alternate approaches for delivery of training to RTs and MC inspectors. MC has  started implementing strategies to facilitate knowledge transfer and training internal to MC(as senior employees near retirement), and will continue to mandate these strategies moving forward.

Further, MC will continue working with industry partners to leverage training fora and knowledge transfer opportunities (e.g., the Canadian Gas Association Gas Measurement and Regulation School - annual training meeting) to ensure both RTs and MC personnel are able to maintain and sustain their proficiencies.  Specifically, MC will:  

Regional Director, Eastern and MC's Learning Champion, Measurement Canada – Small Business and Marketplace Services.

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  • Create a knowledge hub portal with the Chief Information Office to facilitate knowledge transfer;

Regional Director, Eastern and MC's Learning Champion, Measurement Canada – Small Business and Marketplace Services.

January 2021

  • Identify and assess training opportunities across the marketplace and make recommendations to SMC for the next planning cycle; and

Regional Director, Eastern and MC's Learning Champion, Measurement Canada – Small Business and Marketplace Services.

January 2021

  • Assess and adopt an on-line learning management system to support the delivery of training for MC personnel and RTs.

Regional Director, Eastern and MC's Learning Champion, Measurement Canada – Small Business and Marketplace Services.

January 2022

MC should improve communication with device owners and Canadians, including easily accessible information on activities (e.g., enforcement actions) and results (e.g., compliance rates).

MC will explore a variety of  options to improve communication with device owners and Canadians, with the goal of relaying easily accessible information on MC's activities and results.  Specifically, MC will:

Director, Marketplace and Business Operations, Measurement Canada – Small Business and Marketplace Services.

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  • Create a series of infographics and communication material for web presence;

Director, Marketplace and Business Operations, Measurement Canada – Small Business and Marketplace Services.

June 2020

  • Work with associations and industry partners to share and disseminate communication material; and

Director, Marketplace and Business Operations, Measurement Canada – Small Business and Marketplace Services.

Quarterly postings up to March 2021

  • Improve web-interface and other tools to share material with device owners and the public (such as compliance reports and enforcement actions) as well as leverage newsletters offered through the Office of Consumer Affairs.

Director, Marketplace and Business Operations, Measurement Canada – Small Business and Marketplace Services.

Quarterly postings up to March 2021

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