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Guide to the Federal Regulatory Development Process (view source)

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Additional information and guidance documents on the federal regulatory process can be found at [https://www.canada.ca/en/treasury-board-secretariat/corporate/organization.html http:/www.regulation.gc.ca]. The following address, email, and telephone numbers may also be useful:

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Email: [~~[Mailto~~:info@tbs-sct.gc.ca|info@tbs-sct.gc.ca]]

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Email: [mailto:info@tbs-sct.gc.ca info@tbs-sct.gc.ca]

Telephone: 613-957-2400

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In support of this approach to regulation, the Treasury Board of Canada Secretariat (the Secretariat) has a reporting requirement and form entitled the "Forward Plan" (a sample page is provided in the Appendix). The purpose of this plan is to:

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*Identify GIC proposals (both regulatory and non-regulatory Orders in Council) that will be presented to the Treasury Board Cabinet Committee for consideration in the coming parliamentary session;

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* Identify GIC proposals (both regulatory and non-regulatory Orders in Council) that will be presented to the Treasury Board Cabinet Committee for consideration in the coming parliamentary session;

*Situate these initiatives within the broader governmental agenda;

*Identify linkages with other initiatives under way or planned; and

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Forward plans enable the Secretariat to anticipate proposals and work more closely with regulatory organizations to ensure that strategies are in place to address issues that might otherwise delay consideration of time-sensitive proposals (e.g., those that would require a policy discussion or funding decisions by Cabinet).

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===Types of Regulation===

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===Types of Regulation ===

Federal regulations are often categorized in the following classes:

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*Department of Justice Canada (JUS): The JUS Legislative Counsel examines proposed regulations in accordance with the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act]. The Counsel works together with jurilinguists, bijurists, and revisors to prepare regulations on behalf of regulatory organizations. JUS also explains the legislative and regulatory process; provides legal opinions on the extent of the authority under which regulations are made and determines whether documents are subject to the regulatory process; ensures that proposed regulations are consistent with government policies and international obligations; and forms a partnership with clients for all communications with the Standing Joint Committee for the Scrutiny of Regulations dealing with legal and drafting issues.

*Privy Council Office: As set out in the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act], the Clerk of the Privy Council Office (PCO), through the Orders in Council Division of the Privy Council Office (PCO-OIC), is responsible for receiving GIC regulatory submissions in both official languages from regulatory organizations, examining the proposal in consultation with the deputy minister of JUS, advising the regulation-making authority (currently the Treasury Board Cabinet Committee) that the proposed regulation has been so examined, and registering regulations after they are made by the GIC or made by another regulation-making authority.

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*Public Works and Government Services Canada (PWGSC): PWGSC publishes the Canada Gazette, the official newspaper of the Government of Canada. Proposed regulations and supporting documentation are published in Part I of the Canada Gazette, while regulations that have been made are published in Part II. Part III of the Canada Gazette contains acts of Parliament after they have received royal assent, as well as a list of the Proclamations of Canada and Orders in Council (OIC) relating to the coming into force of federal acts. Electronic (PDF) versions of the acts and regulations are now considered legal official texts.

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* Public Works and Government Services Canada (PWGSC): PWGSC publishes the Canada Gazette, the official newspaper of the Government of Canada. Proposed regulations and supporting documentation are published in Part I of the Canada Gazette, while regulations that have been made are published in Part II. Part III of the Canada Gazette contains acts of Parliament after they have received royal assent, as well as a list of the Proclamations of Canada and Orders in Council (OIC) relating to the coming into force of federal acts. Electronic (PDF) versions of the acts and regulations are now considered legal official texts.

*Standing Joint Committee for the Scrutiny of Regulations: The Committee's mandate is defined by the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act], the Legislation Revision and Consolidation Act, and the Standing Orders of the House of Commons. Pursuant to the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act], the Committee can scrutinize any statutory instrument made after December 31, 1971. The Statute Revision Act authorizes the Committee to scrutinize any regulation found in the 1978 Consolidated Regulations of Canada or revised Regulations prepared pursuant to that Act, even if that regulation were made prior to the coming into force of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] in 1972. The Standing Orders of the House of Commons expand on the mandates found in these two acts by authorizing the Committee to examine any other matter referred to it by both houses of Parliament.

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*If you do not know the name of your TBS-RAS analyst, call 613-943-5076 or [https://www.canada.ca/en/treasury-board-secretariat/corporate/contact.html contact TBS] for assistance.

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===Steps in the Regulatory Development Process===

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=== Steps in the Regulatory Development Process===

The checklist below outlines the steps involved in the approval process for GIC regulations. The process has been designed to help ensure that the requirements of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] and the CDRM are complied with. Details on each step are provided in the following pages. In accordance with the CDRM, regulatory organizations are expected to consult Canadians and stakeholders at all stages of the regulatory process.

{| class="wikitable"

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!Approvals

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|1

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| 1

|Determine the level of impact (triage) and whether an exemption from pre-publication will be sought. See the [https://www.canada.ca/en/government/system/laws/developing-improving-federal-regulations/requirements-developing-managing-reviewing-regulations/guidelines-tools/guide-federal-regulatory-development-process.html#exemption Exemption from Pre-Publication] section for more information.

|Regulatory Organization (RO) and TBS-RAS

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|-

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|3

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| 3

|Draft the regulation.

|RO and JUS

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|GIC makes regulation

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|12

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| 12

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|Register and publish regulations in the Canada Gazette, Part II.

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| Register and publish regulations in the Canada Gazette, Part II.

|PCO-OIC and PWGSC

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'''HINT: Forming a team to develop and implement a PMEP has been found to be an effective practice. The team should include not only regulatory development officers, evaluators, and corporate officers but also cost-benefit analysis experts, risk assessors and managers, IM/IT personnel, Secretariat analysts, and compliance promotion, enforcement, and monitoring groups, among others.'''</blockquote>

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=====Exemption from Pre-Publication=====

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~~'''Exemption~~ from ~~Pre~~-~~Publication'''~~

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<blockquote style="background-color: lightgrey; border: solid thin grey;">The policy of pre-publishing regulatory proposals in the Canada Gazette, Part I, is intended to promote transparency and effectiveness by offering a final comment period before regulations are considered by Treasury Board ministers for approval by the GIC. In some cases, proposed regulations must be pre-published due to statutory requirements. However, there are circumstances under which proposed regulations may be exempted from pre-publication. Examples include (but are not limited to) the following:

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The policy of pre-publishing regulatory proposals in the Canada Gazette, Part I, is intended to promote transparency and effectiveness by offering a final comment period before regulations are considered by Treasury Board ministers for approval by the GIC. In some cases, proposed regulations must be pre-published due to statutory requirements. However, there are circumstances under which proposed regulations may be exempted from pre-publication. Examples include (but are not limited to) the following:

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*Regulations that are exempted from publication pursuant to section 15 of the [http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1509/ Statutory Instruments Regulations];

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*Regulations that are exempt from pre-publication pursuant to the enabling act;

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* Regulations that are exempted from publication pursuant to section 15 of the [http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1509/ Statutory Instruments Regulations];

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*Some regulations that are determined to be of low impact based on the completed Triage Statement;

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* Regulations that are exempt from pre-publication pursuant to the enabling act;

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* Some regulations that are determined to be of low impact based on the completed Triage Statement;

* Regulations that respond to emergencies that pose major risks to health, safety, the environment, or security;

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* Sensitive regulations for which pre-publication would cause demonstrable adverse effects or undermine the intent of the regulations, such as those affecting subsidy changes and interest rate changes;

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*Sensitive regulations for which pre-publication would cause demonstrable adverse effects or undermine the intent of the regulations, such as those affecting subsidy changes and interest rate changes;

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* Miscellaneous amendments regulations, such as renumbering, bringing corrections to ensure consistency between English and French versions, or bringing corrections of grammatical or typographical errors; and

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*Miscellaneous amendments regulations, such as renumbering, bringing corrections to ensure consistency between English and French versions, or bringing corrections of grammatical or typographical errors; and

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* Repetitive regulations that are regularly duplicated in the same form (e.g., the Energy Supply Allocation Board Regulations, which must be amended every two years to name board members).

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*Repetitive regulations that are regularly duplicated in the same form (e.g., the Energy Supply Allocation Board Regulations, which must be amended every two years to name board members).

TBS-RAS advises departments and agencies on the appropriateness of a proposed exemption from pre-publication and makes a recommendation to Treasury Board ministers. Treasury Board ministers consider requests for exemption on a case-by-case basis. '''No exemption from pre-publication is available if there is a statutory requirement to pre-publish.'''

Any request for exemption from pre-publication should be discussed with your TBS-RAS analyst prior to completing the drafting of a regulation. '''Where such an exemption is provided for in the proposed regulation, the JUS Legislative Counsel will not stamp the regulation for Part II of the Canada Gazette until TBS-RAS confirms in writing that it supports an exemption from pre-publication.'''</blockquote>

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=====Centre of Regulatory Expertise=====

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<blockquote style="background-color: lightgrey; border: solid thin grey;">The CDRM introduces a life-cycle approach to regulatory management and a number of new process, coordination, and analytical requirements. Recognizing that it may take a number of years for regulatory organizations to fully develop the internal capacity to meet these requirements, the Secretariat has created the Centre of Regulatory Expertise (CORE) to assist in this endeavour.

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CORE provides expert advice and services to help departments build their internal capacity to develop sound, evidence-based regulatory proposals. CORE experts offer the following guidance:

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*Analytical services to support regulatory development work, especially in areas of risk assessment, cost-benefit analysis, performance measurement, and evaluation plans;

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*Coaching and advisory services to assess progress in regulatory development and provide ongoing feedback and advice;

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*Workshops and presentations on one or more aspects of regulatory development, tailored to your team's needs; and

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*Peer review to critique and provide feedback on completed analyses before finalizing a regulatory submission.

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CORE also collaborates with the Community of Federal Regulators and the [http://www.csps-efpc.gc.ca/index-eng.aspx Canada School of Public Service] (CSPS) to develop and promote best practices and learning opportunities for federal regulators. For example, a core curriculum of regulatory training has been developed by CSPS to provide participants with a basic understanding of the federal regulatory process, the regulatory life-cycle approach, and the changes occurring under the CDRM.

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More information on CORE is available at [https://www.canada.ca/en/treasury-board-secretariat/corporate/organization.html www.regulation.gc.ca].

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For information on regulatory training opportunities, visit the [http://www.csps-efpc.gc.ca/index-eng.aspx Canada School of Public Service].</blockquote>

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====Step 2: Analysis and Development of the Regulatory Impact Analysis Statement====

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The CDRM requires regulatory organizations to conduct detailed analyses (depending on the level of impact determined by the triage) and undertake thorough consultations when developing a regulatory proposal. The results of these processes are summarized and presented to decision makers and the public in the RIAS, which is published in the Canada Gazette. The RIAS provides a cogent, non-technical synthesis of information that allows the various RIAS audiences to understand the issue that is being regulated, the reason the issue is being regulated, the government's objectives, and the costs and benefits of the regulation and who will be affected, who was consulted in developing the regulation, and how the government will evaluate and measure the performance of the regulation against its stated objectives.

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=====Performance Measurement and Evaluation of Regulation Activities=====

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<blockquote style="background-color: lightgrey; border: solid thin grey;">As noted earlier in this guide, the life-cycle approach introduced by the CDRM requires that regulations continually meet their policy objectives. Regular, ongoing performance measurement and evaluation of regulations is thus an important aspect of the federal regulatory process.

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Performance measurement and evaluation of regulation activities may occur under a number of circumstances. In the case of high-impact regulations projects, regulatory organizations are required to complete a Performance Measurement and Evaluation Plan (PMEP) and summarize the main PMEP elements in the RIAS.

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Low- and medium-impact regulations may be examined from time to time by the regulatory organization, either as part of a regular review cycle during a broader review of the policy objectives (e.g., after a report from the Office of the Auditor General) or in response to comments received from the public or other stakeholders.

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The Performance Measurement and Evaluation Handbook provides further information on this subject.</blockquote>Your TBS-RAS analyst is particularly involved in the process related to the development and approval of the RIAS. Although the analyst's responsibility is to provide advice and assistance throughout the regulatory development process, the CDRM specifically tasks TBS-RAS to review regulatory proposals, challenge departments and agencies on the quality of regulatory analyses, and advise them on how to meet the CDRM's requirements (i.e., the challenge function).

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Your TBS-RAS analyst will work with you to ensure that the RIAS contains sufficient and meaningful information on the impact of the proposed regulation, is written in plain language with a minimum of technical language and jargon, and is consistent with the language used in the enabling act and regulations. Your analyst may request other information that is pertinent to the proposal to develop a more complete understanding of it (e.g., risk assessment, white papers, and presentations)

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The challenge function is undertaken in a spirit of collaboration. Early review and challenge is a process that can markedly improve the quality of a regulatory proposal and help ensure compliance with the analytical requirements of the CDRM. It can also ensure that the regulatory proposal is well aligned with government priorities and that necessary policy, legislative, and funding decisions have been received or are being sought. Based on their familiarity with the broader regulatory environment, this is also an opportunity for TBS-RAS analysts to identify proposals that may conflict with or infringe upon other existing or proposed regulations or that could benefit from increased communication or cooperation among regulatory organizations. Ultimately, early collaboration will facilitate consideration of the proposal by Treasury Board ministers.

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=====Regulatory Impact Analysis Statement Templates=====

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There are two RIAS formats, i.e., templates for low and medium-high impacts, that reflect the requirements of the CDRM.

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This RIAS format became a requirement for all new regulatory proposals on April 1, 2008. The templates are available on the Treasury Board of Canada Secretariat website.

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As indicated in section 3.0 of the CDRM, regulatory organizations may also be required to conduct other analyses to respect other legislative and policy requirements. For assistance with the requirements of the CDRM and other analyses, please contact your TBS-RAS analyst.

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=====Compliance with International Obligations=====

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The CDRM requires departments and agencies to ensure compliance of their regulatory proposals with Canada's international obligations, including in the area of trade. Regulatory organizations should determine at the triage stage whether their regulatory proposal is affected by an international trade agreement to which Canada is a party (e.g., the World Trade Organization's Agreement on Technical Barriers to Trade, the Agreement on the Application of Sanitary and Phytosanitary Measures, and chapters 7 and 9 of the North American Free Trade Agreement) and include this information in the submission to the Treasury Board. For assistance in making this determination, contact the Technical Barriers and Trade Regulations Office, Foreign Affairs and International Trade Canada, at 613-944-8977.

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=====Does Your Proposal Have Financial or Program Implications?=====

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If your regulatory proposal has financial or program implications, it may have to meet additional requirements, such as needing a Treasury Board submission (e.g., approval of funding and terms of reference). This should be discussed with your TBS-RAS analyst as early as possible.

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Such proposals will also need to be considered by Treasury Board in its dual roles as the Government of Canada's management board (Part A) and regulatory advisor (Part B).

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=====Help Is Available=====

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A number of resources are available to assist you in developing a regulatory proposal.

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The following guidance documents can be found on the Regulatory Affairs website:

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*Assessing, Selecting, and Implementing Instruments for Government Action;

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*Canadian Cost-Benefit Analysis Guide: Regulatory Proposals;

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*Guidelines on International Regulatory Obligations and Cooperation; and

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*Guidelines for Effective Regulatory Consultations.

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Other helpful resources are available and listed at the end of this document.

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=====The Importance of Consultations=====

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<blockquote style="background-color: lightgrey; border: solid thin grey;">The CDRM requires regulatory organizations to identify parties that may be interested in or affected by a regulatory proposal and to provide these parties with opportunities to take part in open and meaningful consultations at all stages of the regulatory process. With this in mind, a key aspect of the TBS-RAS challenge function is to ensure that parties affected by a regulatory proposal have been given adequate opportunities to provide input and express concerns they may have related to the design, implementation, or impacts of the proposal.

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When undertaking consultations, the CDRM requires regulatory organizations to do the following:

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*Inform and engage Canadians on the nature and implications of the public policy issue based on available evidence, science, or knowledge;

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*Include Canadians in developing policy objectives;

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*Set out the process and timelines in a clear manner so that affected parties can organize and provide input; and

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*Provide timely feedback to Canadians and affected parties on the outcome of the consultations and on the priorities considered in decision making.

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The CDRM also requires departments and agencies to work with Aboriginal communities, organizations, and governments to ensure that all obligations that may exist in relation to rights protected by section 35 of the Constitution Act, 1982 are met. Further guidance on Aboriginal consultation is available from Indian and Northern Affairs Canada in its publication, [http://www.aadnc-aandc.gc.ca/eng/1100100014664 Interim Guidelines for Federal Officials to Fulfill the Legal Duty to Consult].

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Regulatory organizations are encouraged to provide early public notification of their intent to regulate whenever possible, because affected parties are more likely to accept regulations when they have an opportunity to help define the problem and identify a solution. Early public notification can be provided through a regulatory organization's Report on Plans and Priorities, publication and regular updating of a departmental regulatory plan on a website, or publication of a Notice of Intent in the Canada Gazette, Part I.</blockquote>

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====Step 3: Drafting the Regulations====

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You have two options for developing the text of a regulation:

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*Provide JUS with drafting instructions and request that JUS Legislative Counsel develop the text; and

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*Develop a draft of the proposed regulation in-house and submit the text to the JUS for examination.

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=====Drafting Instructions=====

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Drafting instructions are prepared in both official languages by program officials. It is important to be clear and accurate. The instructions may take various forms, such as:

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*A detailed explanation of the policy that is being implemented through the proposed regulation;

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*A point-form outline of the proposed regulation;

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*A request to include or exclude specific words or concepts in the text; and

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*A request to incorporate additional elements into an existing regulation.

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When amending existing regulations, the drafting instructions should explain the purpose and expected outcome of the proposed changes. They may also include suggestions on where or how to insert new requirements, should indicate applicable jurisprudence, if any, and note any cross-references made in the regulations.

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=====Developing Draft Text In-House=====

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In-house drafting of a regulation is the responsibility of program officials and is done in collaboration with the organization's legal services unit. Three copies of these proposed instructions, in both official languages, are required by the JUS for examination (see Step 4). Make sure that the English and French versions of the text are equivalent. The proposed text becomes the "instructions," and the JUS Legislative Counsel will make any necessary changes to that draft text.

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=====Other Requirements=====

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Whether you are submitting drafting instructions or draft text, the following documents are also required by JUS:

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*A draft Notice of Pre-Publication in both official languages (unless the regulation is exempted from pre-publication);

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*A draft RIAS in both official languages;

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*a copy of the finalized Triage Statement co-signed by the regulatory organization and TBS-RAS; and

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*Any documentation that may have been exchanged with the Standing Joint Committee for the Scrutiny of Regulations respecting the regulation in question.

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These documents may be submitted electronically or in paper form. If submitted in paper form, two copies of each document are required.

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You should also advise the JUS Legislative Counsel about any legal issue(s) that may arise from the proposed regulation, inform it of any legal opinions that have been obtained in relation to the issue, and refer to the applicable jurisprudence.

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=====Regulatory Proposals as Confidences of the Queen's Privy Council (Cabinet Confidences)=====

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<blockquote style="background-color: lightgrey; border: solid thin grey;">Regulatory proposals are intended for a committee of Cabinet (i.e., Treasury Board) and are therefore confidences of the Queen's Privy Council. The confidentiality surrounding Cabinet discussions extends to items on the agenda, the nature of the discussions among ministers, and the decisions they take.

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Confidences of the Queen's Privy Council for Canada are described in section 69 of the Access to Information Act, section 70 of the Privacy Act, and section 39 of the Canada Evidence Act. They include briefing notes for the Treasury Board, draft OICs, draft RIASs, and draft regulations. Please note that draft regulations can be released for consultation as long as the version that is to be released is approved by the appropriate official, i.e., usually at least at the director general level. Upon release, the Cabinet confidence is removed, but once the draft regulations come back for further work, the confidence resumes.

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When conducting consultations on regulatory proposals, it is important to first discuss with your legal services unit any documents and materials you plan to release in order to prevent the inadvertent release of confidences of the Queen's Privy Council.

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Additional information on regulatory consultation requirements, processes and tools is available in the Guidelines for Effective Regulatory Consultations. For information specific to confidences of the Queen's Privy Council, please also consult the Treasury Board Manual, Access to Information, chapters 2–6, December 1993.</blockquote>

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====Step 4: Examination by the Department of Justice Canada Legislative Counsel and Stamping====

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Pursuant to subsection 3(2) of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act], the Clerk of the Privy Council, in consultation with the deputy minister of JUS (in practice, this responsibility is delegated to the JUS Legislative Counsel) conducts a legal examination of all proposed regulations to ensure that the following:

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*The regulation is authorized by the enabling act.

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*The regulation does not constitute an unusual or unexpected use of the authority under which it is to be made.

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*The regulation does not trespass unduly on existing rights and freedoms and is not inconsistent with the Charter of Rights and Freedoms or with the Constitution Act, 1982.

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*The form and drafting of the regulation is in accordance with established standards.

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*The text is also reviewed by other specialists (revisors, jurilinguists, and bijurists).

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JUS examination occurs either

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*after a draft text is submitted by a regulatory organization, in which case JUS will re-draft sections that do not meet accepted standards, or;

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*while the text is being drafted by JUS.

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Once the examination is completed, the JUS Legislative Counsel issues a discussion draft to the sponsoring regulatory organization. The discussion draft incorporates any changes that may have been necessary as a result of the legal examination. The regulatory organization then undertakes a final review of the text and confirms that it reflects the relevant policy.

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=====Request for Stamped Copies=====

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A written request (letter or email) for stamped copies of a regulation should be sent to the JUS Legislative Counsel by the manager responsible for the regulatory proposal after concurrence and approval by the departmental legal services unit. This stamp indicates that the proposed regulation has been examined in accordance with the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act]. If there is any outstanding matter that represents a high legal risk, the deputy minister of JUS will advise the Clerk, in writing, in accordance with the Clerk's obligations under section 3 of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act]. The Clerk will then advise the regulatory organization accordingly. When seeking a stamped copy from JUS, a separate copy of the draft regulations should also be sent to the director of Cabinet Committee Operations at TBS-RAS.

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====Step 5: Signed Submission Goes to PCO-OIC====

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Regulatory proposals, once approved for submission by the sponsoring minister, are forwarded to PCO-OIC, which is responsible for putting the proposal before the Treasury Board. A regulatory submission must be received by PCO-OIC a '''minimum of 15 working days''' prior to the Treasury Board meeting at which the proposal may be scheduled for consideration. Proposals will be scheduled for consideration by the Treasury Board at the discretion of the President.

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The Treasury Board meets on a weekly basis when Parliament is in session and as required at other times of the year (e.g., during the summer recess). Deadline dates are adjusted (postponed) to account for holidays during this period. Proposals received after the deadline will be placed on the agenda for the following Treasury Board meeting. '''To be considered, proposals must be complete and comply with the analytical requirements of the CDRM.'''

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Requests for urgent consideration of proposals received after the deadline require a letter from the sponsoring minister to the [http://www.tbs-sct.gc.ca/tbs-sct/abu-ans/tb-ct/president-eng.asp President of the Treasury Board] justifying the urgency and indicating the reason for the lateness of the proposal. Before submitting such a letter, please consult with your TBS-RAS analyst, who can provide guidance on the drafting of the letter. When finalized, the letter (signed by the minister) should be included as part of the regulatory submission or, if the submission has already been sent, the letter should be delivered to the attention of the Assistant Clerk of the Privy Council (OIC) by a departmental official, by secure messenger, or by secure fax to 613-957-5773. If sent by secure fax, the original letter must follow by a departmental official or secure messenger.

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Consistent with established Treasury Board practice, and as is the case with all proposals scheduled for consideration, the consideration of urgent proposals will be at the discretion of the President.

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The checklist below identifies the documents that are to be sent to the Assistant Clerk of the Privy Council. Unless otherwise specified (see templates in Part IV of this Guide), all documents are required in both official languages and must be prepared as separate versions rather than in a side-by-side format.

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{| class="wikitable"

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|+Checklist for Pre-Publication in Part I of the Canada Gazette

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!Document

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!Original Document(s)

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!Photocopies

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|-

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|Letter of Transmittal

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|Original (English or French)

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|4

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|-

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|Notice

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|Stamped original

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|5

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|-

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|Regulations

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|Stamped original

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|5

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|-

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|Regulatory Impact Analysis Statement (RIAS)

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|Original (which must include the cover page signed by the minister) and electronic version of the document

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|5

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|-

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|Supplementary Note (if applicable)

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|Original and electronic version of the document

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|4

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|-

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|Communications Plan

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|Original and electronic version of the document

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|4

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|-

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|Request for Insertion in the Canada Gazette

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|Original

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|None

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|-

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|CD or Diskette

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|One CD, diskette or USB key containing electronic versions of documents and artwork

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|N/A

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|}

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Upon receipt of a signed submission, PCO-OIC will verify that:

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*The proposed regulation is under the authority of the GIC.

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*All the required documents have been submitted and bear the correct signatures.

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*The proposed regulation has been stamped.

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*The RIAS and Request for Insertion in the [http://gazette.gc.ca/pi-ip/fedins-insfed.pdf Canada Gazette (PDF Document - 161 KB)] (Form PWGSC-TPSGC 3105-1) have been signed by the correct person.

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PCO-OIC will then forward a copy of the submission to TBS-RAS for review and preparation of a briefing note for Treasury Board ministers. If any questions arise, your TBS-RAS analyst may contact the official named in the RIAS or the departmental regulatory coordinator.

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====Step 6: Treasury Board Meeting and Decision====

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TBS-RAS is responsible for briefing Treasury Board ministers on regulatory proposals. Officials of the regulatory organization (preferably at the level of assistant deputy minister (ADM) but no lower than the director level) are sometimes required to be available during the meeting to provide additional information. TBS-RAS will inform you when this is the case, and TBS-RAS will advise as to the time and place of the meeting, which is a Cabinet confidence.

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The Treasury Board, as a Cabinet committee, may make any of the following decisions:

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*Approve or reject pre-publication of the proposed regulation;

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*Approve or reject requests for exemptions from pre-publication;

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*Send the item to Cabinet or one of its other committees for consideration;

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*Refer the matter back to the responsible minister for further consideration and information; and

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*Defer the item to another meeting.

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Approved submissions are sent to PCO for action (see Step 7). Your TBS-RAS analyst will inform you of any follow-up actions that may be needed, refusals of regulatory proposals by the Treasury Board, or proposals that are deferred.

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====Step 7: Pre-Publication in the Canada Gazette, Part I====

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If the approval of the Treasury Board is obtained, PCO-OIC forwards the proposed regulation and the accompanying RIAS to the Canada Gazette Directorate of PWGSC.

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The proposed regulation and the RIAS are then pre-published in the Canada Gazette, Part I. Additional details about this process (e.g., publication requirements, publication deadlines, insertion rates, and the [http://www.gazette.gc.ca/pi-ip/fedins-insfed-310314.pdf Request for Insertion (PDF Document - 163.72 KB]) are available from the [http://www.gazette.gc.ca/index-eng.html Canada Gazette].

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It is through publication in Part I that the government includes Canadians in the regulatory process. Pre-publication gives all Canadians a chance to submit their comments about a proposed regulation before it is made. (The name and contact information of the person to whom comments should be sent is provided in the RIAS.)

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The standard period for pre-publication in the Canada Gazette, Part I, is 30 days, unless the following takes place:

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*Another period is specified by the enabling act.

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*Treasury Board ministers agree to a different pre-publication period.

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*The proposed regulation affects international trade, in which case a pre-publication period of at least 75 days is required in order for Canada to fulfill its obligation of notification under various trade agreements.

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A regulatory organization may decide, at its discretion, to extend the pre-publication period. (This may be done, for example, if key stakeholders require additional time to review and comment on the proposed regulation). In this case, a notice should be placed in the Canada Gazette, Part I, announcing the extension and explaining the reason(s). An explanation of the extension should also be included in the RIAS when the final approved regulations are published in the Canada Gazette, Part II.

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=====Extra Editions=====

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A new edition of the Canada Gazette, Part I, is published every Saturday, which gives regulatory organizations ample opportunity for timely pre-publication of their regulatory proposals. In exceptional circumstances, however, a proposed regulation may be pre-published in an extra edition of the Canada Gazette to allow the proposed regulation to be made public in advance of the normal schedule. A decision on whether this is appropriate and feasible will be made, on a case-by-case basis, by the Canada Gazette Directorate and PCO.

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Special arrangements should be made, well in advance of the publication date, with the manager, Canada Gazette, by telephone at 613-943-5261 or by email at [mailto:infogazette@tpsgc-pwgsc.gc.ca infogazette@tpsgc-pwgsc.gc.ca].

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=====Tabling in Parliament=====

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Many enabling acts require that their regulations be tabled in the House of Commons and/or the Senate, and some require regulations to be referred to parliamentary committees. The timing of tabling may vary: some statutes require tabling before the proposed regulation is "made" (e.g., the Immigration and Refugee Protection Act, subsection 5(2)), while others require tabling after the regulation is made (e.g., the Federal Court Act, section 46).

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If tabling is required, your TBS-RAS analyst can assist you in determining the appropriate time and process. Your legislative or parliamentary affairs group will also help coordinate the tabling process, in conjunction with PCO. The Letter of Transmittal to the Assistant Clerk of the Privy Council (see Step 5) should indicate if a proposal requires tabling and the timing of this event.

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