Changes

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.

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.

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

=====More About the Canada Gazette=====

<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.

<blockquote style="background-color: lightgrey; border: solid thin grey;">Part I of the Canada Gazette is published every Saturday and contains all public notices, official appointments and proposed regulations from the Government of Canada, as well as miscellaneous public notices from the private sector that are required to be published by a federal statute or by regulations.

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:

Part II is published every other Wednesday and contains all regulations that have been made that must be published under s.11 of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act], as well as other classes of statutory instruments, such as Orders in Council, orders, and proclamations.

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

Part III, which mainly contains public acts of Parliament, is published as soon as is reasonably practicable after royal assent to the acts. It also contains a list of the Proclamations of Canada and Orders in Council relating to the coming into force of federal acts. (JUS determines the publication date for each issue of Part III.)

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

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

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

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.

The Canada Gazette is available in most public libraries and depository libraries of Canadian government information. Copies are also available online and by paid subscription. A [http://www.gazette.gc.ca/cg-gc/history-histoire-eng.html history of the Canada Gazette] is also available online.</blockquote>

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

Following the pre-publication period, many of the same steps are undertaken again in a modified form to complete the regulatory development process. Your TBS-RAS analyst continues to play a critical guidance and challenge role throughout this stage of the process.

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

The CDRM emphasizes that regulatory organizations are to "take the comments received [during pre-publication] into consideration." Further, it requires regulatory organizations to "provide timely feedback to Canadians and affected parties on the outcome of the consultations and on the priorities considered in decision making."

 

In keeping with these requirements, all comments received during the pre-publication period should be given careful consideration to determine whether changes to the text are warranted. It may be helpful to use a tracking document to monitor the comments received. This can be especially useful if the regulatory organization is later called upon to explain how stakeholder concerns were addressed or why it might not have been possible to do so. A template for a tracking document is provided in Part 4 of this guide.

 

If changes are required to the proposed regulation, the JUS Legislative Counsel will examine them (based on re-drafting instructions provided by the regulatory organization) in accordance with section 3 of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] and make those changes that are appropriate. In addition to public and stakeholder comments, any changes that may have occurred, domestically or internationally, that could affect the wording or intent of the proposed regulation should be considered.

 

Revise the RIAS to indicate the date of pre-publication, summarize the comments received, explain how they were handled, and provide the rationale for the regulatory organization's response (i.e., the decision to change or not change the regulation). The regulatory organization should then obtain concurrence of the TBS-RAS analyst on the updated RIAS and send the JUS Legislative Counsel a copy for information.

 

If no comments were received during pre-publication, the RIAS should include the phrase, "This regulation was pre-published in the Canada Gazette, Part I, on [date] and no comments were received."

 

Before submitting a regulatory proposal for it to be made, you must obtain new stamped copies even if no changes were made to the text after pre-publication. This version of the stamp differs from the stamp used during the pre-publication stage: it will indicate "CGII" to show that the regulation has been examined, in accordance with the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act], for publication in Part II of the Canada Gazette.

 

 

The JUS Legislative Counsel performs the same legal examination function at this stage as during the pre-publication stage (see Step 4).