Guide for Developing and Implementing Interpretation Policies

Purpose

This guide outlines the requirements that departments and agencies must meet when developing and implementing interpretation policies.

These requirements address the commitments outlined in the Government of Canada's Red Tape Reduction Action Plan, namely:

"The government will require regulators to publish interpretation policies on their websites that explain how they interpret regulations, including when they can be counted on to give answers to stakeholders' questions in writing."

Effective Date

This guidance takes effect immediately on distribution to departments.

Context

Canadians frequently contact the Government of Canada with questions about the federal regulations that impact them. Questions can run from the basic (e.g., Which form do I need to complete?) to the more technical (e.g., For my product to be considered a "snow tire," what testing and labelling requirements must be met?). For those asking such questions, the goal is to quickly obtain accurate information and guidance that will allow them to comply with regulatory requirements. Predictability is also important so that Canadians and businesses can be confident that compliance actions taken by them are based on reliable government information and guidance.

Federal regulators use various approaches and tools to promote awareness and understanding of regulatory requirements and to facilitate stakeholder compliance. Besides responding to questions from regulated parties, departments and agencies regularly develop and implement compliance and enforcement plans, issue guidance and information materials, and engage stakeholders. Being flexible and able to right-size approaches and tools to meet specific stakeholder needs and address real world risks and operating conditions is essential to the provision of timely, appropriate and accurate information and guidance that enables compliance.

The government is committed to further improving the predictability and transparency of the federal regulatory system to better serve Canadians and businesses. To this end, and in accordance with the government's Red Tape Reduction Action Plan, departments and agencies are required to develop and link, on their Acts and Regulations web page, an interpretation policy that outlines their commitment to service, stakeholder engagement, and predictability, including outlining when they will respond to questions in writing.

Area of Application

This guide applies to all federal departments, agencies, and entities, as defined by Section 3 of the Cabinet Directive on Regulatory Management (refer to Table 1).

Table 1. Section 3 of the Cabinet Directive on Regulatory Management

7.  Federal departments, agencies and entities: The Cabinet Directive on Regulatory Management applies to all federal departments, agencies, and entities over which the Cabinet has either general authority or a specific authority relating to regulation making, or both such authorities:

1. Federal departments, agencies, and entities under the general authority of Cabinet include all of the public administration, including ministers, with the exception of certain federal entities that are created by statute and that have an existence, a mandate, and powers with substantial independence from the government.
2. Entities not under the general authority of Cabinet must comply with the Directive if the Governor in Council or the Treasury Board has a specific authority related to regulation making
3. Entities not under the general authority of Cabinet and over which Cabinet does not have a specific authority should, as a matter of good regulatory practice, follow the Directive and apply its requirements as appropriate to their context.

Definitions

For the purpose of this guide, the following definitions apply:

Interpretation:

Interpretation includes information and/or guidance provided in verbal or written form by government officials to Canadians and businesses on a regulation or a specific requirement of a regulation to facilitate understanding, awareness and compliance. This can include a wide spectrum of activities and services from answering regular enquiries by phone or email to developing guidance documents, fact sheets, frequently asked questions, etc., to issuing formal rulings or decisions.

Interpretation policy:

An interpretation policy is an overarching document that outlines the commitments, practices, and tools to be applied by a department or agency when providing Canadians and businesses with information and guidance on regulatory obligations to be met. It also identifies the conditions under which written responses to questions will be provided.

Regulation:

A regulation is an instrument that is registered as a regulation under Section 6 of the Statutory Instruments Act. It includes both Governor in Council (GIC) and non-GIC regulations.