Guidelines for Effective Regulatory Consultations - Revision history

Nancy.luo at 17:56, 14 September 2021

2021-09-14T17:56:02Z

Nancy.luo at 17:55, 14 September 2021

2021-09-14T17:55:22Z

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Nancy.luo at 17:46, 5 August 2021

2021-08-05T17:46:50Z

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Nancy.luo at 20:59, 4 August 2021

2021-08-04T20:59:50Z

Nancy.luo at 20:50, 4 August 2021

2021-08-04T20:50:11Z

Nancy.luo at 20:46, 4 August 2021

2021-08-04T20:46:24Z

Nancy.luo: Created page with "== Purpose == These guidelines are issued to advise managers and functional specialists on interpretation of the requirements of the ''Cabinet Directive on Streamlining Regula..."

2021-07-28T23:23:23Z

Created page with "== Purpose == These guidelines are issued to advise managers and functional specialists on interpretation of the requirements of the ''Cabinet Directive on Streamlining Regula..."

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== Purpose ==
These guidelines are issued to advise managers and functional specialists on interpretation of the requirements of the ''Cabinet Directive on Streamlining Regulation'' regarding regulatory consultation and to provide tools to support effective consultations throughout the regulatory life cycle.

== Context ==
Federal regulatory activity is governed by the ''Cabinet Directive on Streamlining Regulation'', which requires that interested and affected parties be consulted on the development or amendment of regulations, the implementation of regulatory programs, and the evaluation of regulatory activity against stated objectives. Government departments and agencies must therefore make systematic efforts to ensure that interested and affected parties have the opportunity to take part in open, meaningful, and balanced consultations at all stages of the regulatory process, that is, development, implementation, evaluation, and review.

Although this guide focusses on regulatory consultation, consultation with interested and affected parties should begin long before the decision to proceed with a regulatory approach is taken. Consultations should be woven into all aspects of policy development, including the discussions as to which instrument (i.e. legislation, regulations, voluntary mechanisms, guidelines, or policy) would best meet the public policy objectives.

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 <span class="plainlinks">[[Lignes directrices pour des consultations efficaces sur la réglementation|Français]]</span>
 </div>
 <blockquote style="background-color: yellow; border: solid thin grey;">

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 The statement of purpose should plainly set out the problem or outcome that the proposed regulatory initiative purports to address. The ''Cabinet Directive on Streamlining Regulation'' requires that interested and affected parties be given the opportunity to contribute to issue identification and the objectives for government intervention. Seeking stakeholder input on the problem or issue statement can help to ensure that the regulatory solution effectively addresses the problem. The statement of purpose should also present a compelling argument for government intervention, clearly demonstrate the need for the proposed regulations, and explain why regulation is the tool of choice over other instruments such as legislation, policy, or voluntary codes.
-Invariably during a consultation process, some stakeholders will raise issues that are not central to the consultations. A clear statement of purpose and objectives can help officials to maintain a definite focus and to deflect distractions that are outside the consultations' parameters. The statement of purpose should be broad enough and flexible enough to accommodate stakeholders' views, but precise enough to keep the discussion centred on the issue at hand.<blockquote style="background-color: lightgrey; border: solid thin grey;">
+Invariably during a consultation process, some stakeholders will raise issues that are not central to the consultations. A clear statement of purpose and objectives can help officials to maintain a definite focus and to deflect distractions that are outside the consultations' parameters. The statement of purpose should be broad enough and flexible enough to accommodate stakeholders' views, but precise enough to keep the discussion centred on the issue at hand.
 '''<big>Examples of Stakeholders</big>'''

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 An ongoing, constructive, professional relationship between government and stakeholders is key to achieving a quality outcome from consultations. Applying the following principles will help to achieve this type of relationship.
-* Meaningfulness: Officials conducting the consultations should be open to stakeholders' views and opinions and should take these into account in preparing the proposed regulations. They should be impartial with respect to the views expressed and willing to allow them to influence the final version of the proposed regulations, if appropriate. If some aspects of the proposal are not subject to change, this should be clearly communicated, so that participants can focus their efforts and provide meaningful input. Clarity regarding the purpose and objectives of the consultation and the proposed regulations is an essential underpinning of a positive relationship.
+* '''Meaningfulness:''' Officials conducting the consultations should be open to stakeholders' views and opinions and should take these into account in preparing the proposed regulations. They should be impartial with respect to the views expressed and willing to allow them to influence the final version of the proposed regulations, if appropriate. If some aspects of the proposal are not subject to change, this should be clearly communicated, so that participants can focus their efforts and provide meaningful input. Clarity regarding the purpose and objectives of the consultation and the proposed regulations is an essential underpinning of a positive relationship.
-* Openness and balance: All stakeholders, whether directly or indirectly affected, should have an opportunity to contribute their views. Significant effort should be made to identify the "most affected stakeholders." Officials should ensure that an appropriate balance of views is represented in the consultation process.
+* '''Openness and balance:''' All stakeholders, whether directly or indirectly affected, should have an opportunity to contribute their views. Significant effort should be made to identify the "most affected stakeholders." Officials should ensure that an appropriate balance of views is represented in the consultation process.
-* Transparency: The relationship between the department and stakeholders should be transparent. A transparent approach is essential to building trust. Officials should ensure transparency of:
+* '''Transparency:''' The relationship between the department and stakeholders should be transparent. A transparent approach is essential to building trust. Officials should ensure transparency of:
 ** the overall regulatory consultation process
 ** pertinent non-sensitive information
 ** the decision-making process
 ** how stakeholder input will be used
-* Accountability: Departments should demonstrate accountability by documenting how the views of stakeholders were considered during the development of the regulations and informing stakeholders of how those views were used. Where stakeholder input could not be reflected in the proposed regulations, officials should be able to outline the reason(s) why. Accountability also involves ensuring that the consultations take place over a reasonable period of time, so that participants have sufficient time to submit their views.
+* '''Accountability:''' Departments should demonstrate accountability by documenting how the views of stakeholders were considered during the development of the regulations and informing stakeholders of how those views were used. Where stakeholder input could not be reflected in the proposed regulations, officials should be able to outline the reason(s) why. Accountability also involves ensuring that the consultations take place over a reasonable period of time, so that participants have sufficient time to submit their views.
 Introducing successful regulatory proposals requires the development and nurturing of ongoing relationships between the government and stakeholders. A climate of mutual trust and respect will often carry forward to future consultations. Developing a network of stakeholders allows officials to tap into a wider array of knowledge and information that can greatly assist in the effective and efficient development of regulations.

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-== Purpose ==
+<blockquote style="background-color: yellow; border: solid thin grey;">
 These guidelines are issued to advise managers and functional specialists on interpretation of the requirements of the ''Cabinet Directive on Streamlining Regulation'' regarding regulatory consultation and to provide tools to support effective consultations throughout the regulatory life cycle.
-== Context ==
+==Context==
 Federal regulatory activity is governed by the ''Cabinet Directive on Streamlining Regulation'', which requires that interested and affected parties be consulted on the development or amendment of regulations, the implementation of regulatory programs, and the evaluation of regulatory activity against stated objectives. Government departments and agencies must therefore make systematic efforts to ensure that interested and affected parties have the opportunity to take part in open, meaningful, and balanced consultations at all stages of the regulatory process, that is, development, implementation, evaluation, and review.
 Although this guide focusses on regulatory consultation, consultation with interested and affected parties should begin long before the decision to proceed with a regulatory approach is taken. Consultations should be woven into all aspects of policy development, including the discussions as to which instrument (i.e. legislation, regulations, voluntary mechanisms, guidelines, or policy) would best meet the public policy objectives.