Triage Statement Form

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Instructions

Overview

Because regulatory impact analysis can be resource-intensive, an early assessment of the expected impacts of regulatory proposals helps determine where approval processes can be streamlined and where analytical resources should be focused. The Triage Statement facilitates this early assessment and should be completed by departments and agencies at the earliest stages of regulatory design. A draft Triage Statement should be shared with the Regulatory Affairs Sector of the Treasury Board of Canada Secretariat (TBS-RAS) in order to determine the requirements to be met at all stages of the regulatory process, based on the level of costs or adverse impacts and other considerations.

Triage Objectives

The objectives of the Triage Statement are to:

• Facilitate early involvement by TBS-RAS in the regulatory development process to avoid delays that may occur at later stages in the process when requirements have not been met;
• Assist regulatory organizations in focusing their efforts on regulatory proposals that have medium or high levels of cost or adverse impact;
• Determine the appropriate requirements for each regulatory proposal and the level of analysis required;
• Support the use of the appropriate Regulatory Impact Analysis Statement (RIAS) templates (low impact versus medium or high impact);
• Assist in determining which proposals should be considered for exemption from pre-publication in the Canada Gazette, Part I; and
• Support more consistent regulatory impact analysis across federal regulatory organizations.

Completing the Triage Statement

The Triage Statement should be completed and submitted to TBS-RAS at the earliest stages of regulatory design (this can be as soon as a regulatory organization has made a decision to amend or introduce a regulation). TBS-RAS analysts can then provide early assessment and input before the regulatory organization has initiated consultations or conducted a detailed analysis of the regulatory proposal.

The answers to the questions in the Triage Statement should be based on readily available information. The specific information and level of detail required in a RIAS is not required at the triage stage. The Triage Statement will help determine the proposal’s analytical requirements so that the regulatory organization can then initiate consultations, conduct the regulatory analysis, and draft the RIAS appropriately in developing the regulation.

TBS-RAS is available to help regulatory organizations complete the Triage Statement and will provide comments on draft Triage Statements.

Amending the Triage Statement

The Triage Statement is an initial assessment to determine the potential levels of impact of a regulatory proposal. Consequently, as new information becomes available and additional analysis and consultations are completed, the previously assessed impact levels may change, thereby requiring the Triage Statement to be amended. The Triage Statement can be amended as necessary throughout the course of the regulatory development process. Any changes to the Triage Statement by the sponsoring regulatory organization should be made in conjunction with a TBS-RAS analyst.

TBS-RAS Service Standard

A TBS-RAS analyst will send comments to the originating regulatory organization within 10 business days of receipt of a Triage Statement unless a different timeline is mutually agreed upon.

Security Classification

The originating regulatory organization will need to determine the security classification of the Triage Statement on a case-by-case basis. This determination should be made based on government-wide information laws and policies, including the Access to Information Act and the Privacy Act, the Policy on Government Security, the Policy on Access to Information, and the Policy on the Security of Cabinet Confidences.

Should security requirements permit, regulatory organizations are encouraged to share the Triage Statement with stakeholders as part of their consultation process.

Emergency Situations

When there is an immediate and serious risk to the health and safety of Canadians, their security, the economy or the environment, expedited processes are required to allow the government to respond in a timely manner. It may be determined, in consultation with TBS-RAS, that a Triage Statement is not required for certain regulatory proposals arising out of emergency situations.

Miscellaneous Amendments Regulations

Miscellaneous amendment regulations (MARs) are used to correct errors, omissions and inconsistencies in regulations in an expeditious way. The MARs process is faster and less costly than other regulatory approval processes. Regulatory organizations must ensure that they obtain the agreement of TBS-RAS before sending the drafting instructions to the relevant regulatory section of the Department of Justice Canada. To maximize efficiency, MARs should be submitted in an omnibus package.

Criteria

MARs can be used to implement corrections that have been triaged as having no impact. These corrections are restricted to the following:

• Errors in format, syntax, spelling and punctuation;
• Typographical errors, archaisms, anomalies and numbering errors;
• Inconsistencies between the English and French versions, as long as these inconsistencies are non-substantive;
• Obsolete regulations (i.e., regulations that are outdated but still legally enforceable); and
• Spent regulations (i.e., regulations that have no further application or effect).

MARs can also be used to implement regulatory amendments requested by the Standing Joint Committee for the Scrutiny of Regulations that have been triaged as having no impact or a low impact. In the event that a change requested by the Standing Joint Committee for the Scrutiny of Regulations is triaged as having a medium or high impact because, for example, it affects Canadians in a significant manner and some form of consultation may be needed, departments are to consult with TBS-RAS to assess whether the MARs process is appropriate.

Process

Ensure receipt of TBS-RAS’s concurrence before proceeding with MARs. Unless otherwise indicated (e.g., statutory requirements), the following requirements apply to MARs:

• Complete the Low-Impact Template;
• The minister or agency head does not have to sign the RIAS;
• No communication plan is required;
• No pre-publication is necessary; and
• MARs require the words “Miscellaneous Program” to appear at the end of the title.