Line 1: |
Line 1: |
| + | [[fr:Agents_libres_du_Canada]] |
| + | <span style="font-family:Helvetica;"> |
| + | <div style="float: right"> </div><div style="float: right"> |
| + | <span class="plainlinks">[[Guide on Improving Service Performance for Regulatory Authorizations|English]]</span> |
| + | </div> |
| + | |
| + | |
| <blockquote style="background-color: yellow; border: solid thin grey;"> | | <blockquote style="background-color: yellow; border: solid thin grey;"> |
| '''<big>We have archived this page and will not be updating it.</big>''' | | '''<big>We have archived this page and will not be updating it.</big>''' |
Line 33: |
Line 40: |
| Ottawa ON K1A 0R5 | | Ottawa ON K1A 0R5 |
| | | |
− | ==Part 1: Regulations as a Policy Instrument== | + | ==Part 1: Regulations as a Policy Instrument == |
| In Canada, regulations are made by persons or bodies, such as the Governor in Council (GIC), a minister, or an administrative agency, to whom Parliament has delegated its authority in an act. Regulations are a form of law–they have binding legal effect and usually set out general rules rather than specific ones that are directed toward persons or situations. | | In Canada, regulations are made by persons or bodies, such as the Governor in Council (GIC), a minister, or an administrative agency, to whom Parliament has delegated its authority in an act. Regulations are a form of law–they have binding legal effect and usually set out general rules rather than specific ones that are directed toward persons or situations. |
| | | |
| The process described herein assumes that officials have evaluated the range of instruments available to them for achieving a given policy objective and have determined that regulation is a necessary part of the instrument mix. Departments and agencies are responsible for assessing the effectiveness and appropriateness of regulatory and non-regulatory instruments for achieving policy objectives. The Treasury Board of Canada Secretariat's Regulatory Affairs Sector (TBS-RAS) has produced a guide, Assessing, Selecting, and Implementing Instruments for Government Action, which provides guidance on instrument choice before proceeding with a regulatory proposal. | | The process described herein assumes that officials have evaluated the range of instruments available to them for achieving a given policy objective and have determined that regulation is a necessary part of the instrument mix. Departments and agencies are responsible for assessing the effectiveness and appropriateness of regulatory and non-regulatory instruments for achieving policy objectives. The Treasury Board of Canada Secretariat's Regulatory Affairs Sector (TBS-RAS) has produced a guide, Assessing, Selecting, and Implementing Instruments for Government Action, which provides guidance on instrument choice before proceeding with a regulatory proposal. |
| | | |
− | ===Cabinet Directive on Streamlining Regulation=== | + | ===Cabinet Directive on Streamlining Regulation === |
| The Cabinet Directive on Streamlining Regulation came into effect on April 1, 2007, replacing the previous Government of Canada Regulatory Policy. The CDRM sets out guidance on the federal regulatory process (the legal requirements of the process are described in the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act]). It applies to all departments and agencies involved in the federal regulatory process. Government officials are responsible for abiding by the CDRM at all stages of the regulatory life cycle, i.e., development, implementation, evaluation, and review. | | The Cabinet Directive on Streamlining Regulation came into effect on April 1, 2007, replacing the previous Government of Canada Regulatory Policy. The CDRM sets out guidance on the federal regulatory process (the legal requirements of the process are described in the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act]). It applies to all departments and agencies involved in the federal regulatory process. Government officials are responsible for abiding by the CDRM at all stages of the regulatory life cycle, i.e., development, implementation, evaluation, and review. |
| | | |
Line 71: |
Line 78: |
| The CDRM provides guidance on managing the implementation of regulations, evaluating their performance, and reviewing regulatory frameworks. To that end, the CDRM introduces a life-cycle approach to regulation, with specific requirements for all stages of the life cycle. This approach requires that regulations continually meet their policy objectives and be evaluated and renewed on an ongoing basis, thus ensuring a more effective, efficient, and accountable regulatory system. The success of the regulatory product depends on each stage not being seen as a separate activity, but as part of a continuous feedback loop. | | The CDRM provides guidance on managing the implementation of regulations, evaluating their performance, and reviewing regulatory frameworks. To that end, the CDRM introduces a life-cycle approach to regulation, with specific requirements for all stages of the life cycle. This approach requires that regulations continually meet their policy objectives and be evaluated and renewed on an ongoing basis, thus ensuring a more effective, efficient, and accountable regulatory system. The success of the regulatory product depends on each stage not being seen as a separate activity, but as part of a continuous feedback loop. |
| | | |
− | ===Forward Planning=== | + | === Forward Planning === |
| 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: | | 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: |
| | | |
− | * 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; | + | *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; | | *Situate these initiatives within the broader governmental agenda; |
− | *Identify linkages with other initiatives under way or planned; and | + | * Identify linkages with other initiatives under way or planned; and |
− | *Demonstrate how these initiatives support the objectives of the CDRM. | + | * Demonstrate how these initiatives support the objectives of the CDRM. |
| | | |
| 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). | | 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). |
| | | |
− | ===Types of Regulation === | + | ===Types of Regulation=== |
| Federal regulations are often categorized in the following classes: | | Federal regulations are often categorized in the following classes: |
| | | |
Line 92: |
Line 99: |
| *Regulatory organizations: Certain federal departments and agencies, Crown corporations, commissions, and other bodies may be authorized by an act of Parliament to develop and propose, through their ministers or agency heads, regulations in specified areas of public policy. Regulatory organizations can also be responsible for implementing regulations. | | *Regulatory organizations: Certain federal departments and agencies, Crown corporations, commissions, and other bodies may be authorized by an act of Parliament to develop and propose, through their ministers or agency heads, regulations in specified areas of public policy. Regulatory organizations can also be responsible for implementing regulations. |
| *Treasury Board: The Treasury Board is a committee of Cabinet ministers that provides advice to the Governor General on the regulatory proposals of the government, among other matters. The Treasury Board is chaired by the [http://www.tbs-sct.gc.ca/tbs-sct/abu-ans/tb-ct/president-eng.asp President of the Treasury Board]. | | *Treasury Board: The Treasury Board is a committee of Cabinet ministers that provides advice to the Governor General on the regulatory proposals of the government, among other matters. The Treasury Board is chaired by the [http://www.tbs-sct.gc.ca/tbs-sct/abu-ans/tb-ct/president-eng.asp President of the Treasury Board]. |
− | *Governor in Council: GIC appointments are made by the Governor General, on the advice of the Queen's Privy Council of Canada (for regulations, represented by Treasury Board ministers). Parliament may, through legislation, delegate responsibilities and duties to the GIC, including the making of most federal regulations. | + | * Governor in Council: GIC appointments are made by the Governor General, on the advice of the Queen's Privy Council of Canada (for regulations, represented by Treasury Board ministers). Parliament may, through legislation, delegate responsibilities and duties to the GIC, including the making of most federal regulations. |
| *The Regulatory Affairs Sector of the Treasury Board of Canada Secretariat: TBS-RAS is responsible for ensuring that the analysis provided by departments and agencies on policy and regulatory proposals is consistent with the commitments and directions set out in the CDRM and that the analysis effectively supports ministerial and Cabinet decision making. TBS-RAS is also responsible for promoting policy coherence among new proposals, existing policies, and the government's policy agenda. | | *The Regulatory Affairs Sector of the Treasury Board of Canada Secretariat: TBS-RAS is responsible for ensuring that the analysis provided by departments and agencies on policy and regulatory proposals is consistent with the commitments and directions set out in the CDRM and that the analysis effectively supports ministerial and Cabinet decision making. TBS-RAS is also responsible for promoting policy coherence among new proposals, existing policies, and the government's policy agenda. |
| *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. | | *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. | + | * 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. |
− | * 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. | + | *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. | | *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. |
| | | |
Line 111: |
Line 118: |
| *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. | | *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. |
| | | |
− | === Steps in the Regulatory Development Process=== | + | ===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. | | 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" | | {| class="wikitable" |
Line 120: |
Line 127: |
| !Approvals | | !Approvals |
| |- | | |- |
− | | 1 | + | |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. | | |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 | | |Regulatory Organization (RO) and TBS-RAS |
Line 126: |
Line 133: |
| |- | | |- |
| |2 | | |2 |
− | |Conduct analysis and develop the Regulatory Impact Analysis Statement (RIAS), and obtain concurrence on the RIAS from TBS-RAS analyst. | + | | Conduct analysis and develop the Regulatory Impact Analysis Statement (RIAS), and obtain concurrence on the RIAS from TBS-RAS analyst. |
| |RO and TBS-RAS | | |RO and TBS-RAS |
| | | | | |
| |- | | |- |
− | | 3 | + | |3 |
| |Draft the regulation. | | |Draft the regulation. |
| |RO and JUS | | |RO and JUS |
Line 140: |
Line 147: |
| | | | | |
| |- | | |- |
− | |5 | + | | 5 |
| |Send signed regulatory submission to PCO-OIC. | | |Send signed regulatory submission to PCO-OIC. |
− | |RO and PCO-OIC | + | | RO and PCO-OIC |
| |Responsible minister signs proposal | | |Responsible minister signs proposal |
| |- | | |- |
Line 182: |
Line 189: |
| |GIC makes regulation | | |GIC makes regulation |
| |- | | |- |
− | | 12 | + | |12 |
− | | Register and publish regulations in the Canada Gazette, Part II. | + | |Register and publish regulations in the Canada Gazette, Part II. |
| |PCO-OIC and PWGSC | | |PCO-OIC and PWGSC |
| | | | | |
Line 196: |
Line 203: |
| A period of 6 to 24 months should be reasonable to allow the completion of the approval process for a GIC regulatory proposal, from the time the triage process begins to the regulation becoming law. Establish some timelines at the inception of the project and discuss their feasibility with your TBS-RAS analyst in consultation with JUS. A proposed timeline format (critical path) is provided in Part 3 of this guide. | | A period of 6 to 24 months should be reasonable to allow the completion of the approval process for a GIC regulatory proposal, from the time the triage process begins to the regulation becoming law. Establish some timelines at the inception of the project and discuss their feasibility with your TBS-RAS analyst in consultation with JUS. A proposed timeline format (critical path) is provided in Part 3 of this guide. |
| | | |
− | ===Seeking Approval for Pre-Publication=== | + | === Seeking Approval for Pre-Publication=== |
| | | |
| ====Step 1: The Triage Statement==== | | ====Step 1: The Triage Statement==== |
Line 217: |
Line 224: |
| *Regulations that are exempt from pre-publication pursuant to the enabling act; | | *Regulations that are exempt from pre-publication pursuant to the enabling act; |
| *Some regulations that are determined to be of low impact based on the completed Triage Statement; | | *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; | + | *Regulations that respond to emergencies that pose major risks to health, safety, the environment, or security; |
| *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; | | *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; |
| *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 | | *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 |
− | *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). | + | * 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.''' | | 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.''' |
Line 258: |
Line 265: |
| 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. | | 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. |
| | | |
− | =====Regulatory Impact Analysis Statement Templates===== | + | =====Regulatory Impact Analysis Statement Templates ===== |
| There are two RIAS formats, i.e., templates for low and medium-high impacts, that reflect the requirements of the CDRM. | | There are two RIAS formats, i.e., templates for low and medium-high impacts, that reflect the requirements of the CDRM. |
| | | |
Line 285: |
Line 292: |
| Other helpful resources are available and listed at the end of this document. | | Other helpful resources are available and listed at the end of this document. |
| | | |
− | =====The Importance of Consultations===== | + | ===== The Importance of Consultations===== |
| <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. | | <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. |
| | | |
Line 293: |
Line 300: |
| *Include Canadians in developing policy objectives; | | *Include Canadians in developing policy objectives; |
| *Set out the process and timelines in a clear manner so that affected parties can organize and provide input; and | | *Set out the process and timelines in a clear manner so that affected parties can organize and provide input; and |
− | *Provide timely feedback to Canadians and affected parties on the outcome of the consultations and on the priorities considered in decision making. | + | * Provide timely feedback to Canadians and affected parties on the outcome of the consultations and on the priorities considered in decision making. |
| | | |
| 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]. | | 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]. |
Line 299: |
Line 306: |
| 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> | | 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> |
| | | |
− | ====Step 3: Drafting the Regulations==== | + | ====Step 3: Drafting the Regulations ==== |
| You have two options for developing the text of a regulation: | | You have two options for developing the text of a regulation: |
| | | |
Line 358: |
Line 365: |
| 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. | | 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. |
| | | |
− | ====Step 5: Signed Submission Goes to PCO-OIC==== | + | ====Step 5: Signed Submission Goes to PCO-OIC ==== |
| 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. | | 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. |
| | | |
Line 395: |
Line 402: |
| |- | | |- |
| |Communications Plan | | |Communications Plan |
− | |Original and electronic version of the document | + | | Original and electronic version of the document |
| |4 | | |4 |
| |- | | |- |
Line 409: |
Line 416: |
| | | |
| *The proposed regulation is under the authority of the GIC. | | *The proposed regulation is under the authority of the GIC. |
− | *All the required documents have been submitted and bear the correct signatures. | + | * All the required documents have been submitted and bear the correct signatures. |
− | *The proposed regulation has been stamped. | + | * The proposed regulation has been stamped. |
| *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. | | *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. |
| | | |
Line 428: |
Line 435: |
| 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. | | 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. |
| | | |
− | ====Step 7: Pre-Publication in the Canada Gazette, Part I==== | + | ====Step 7: Pre-Publication in the Canada Gazette, Part I ==== |
| 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. | | 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. |
| | | |
Line 448: |
Line 455: |
| 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]. | | 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]. |
| | | |
− | =====Tabling in Parliament===== | + | =====Tabling in Parliament ===== |
| 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). | | 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). |
| | | |
| 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. |
| | | |
− | =====More About the Canada Gazette===== | + | =====More About the Canada Gazette ===== |
| <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. | | <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. |
| | | |
Line 462: |
Line 469: |
| 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> | | 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> |
| | | |
− | === Seeking Final Approval, Publication, and Registration === | + | ===Seeking Final Approval, Publication, and Registration=== |
| 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. | | 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. |
| | | |
Line 476: |
Line 483: |
| 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." | | 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." |
| | | |
− | ==== Step 9: Examination by the JUS Legislative Counsel and Stamping ==== | + | ====Step 9: Examination by the JUS Legislative Counsel and Stamping ==== |
| 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. | | 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. |
| | | |
Line 495: |
Line 502: |
| In all of the above cases, the TBS-RAS analyst will advise Treasury Board ministers if a second pre-publication is deemed necessary and why.</blockquote> | | In all of the above cases, the TBS-RAS analyst will advise Treasury Board ministers if a second pre-publication is deemed necessary and why.</blockquote> |
| | | |
− | ==== Step 10: Final Regulatory Submission Goes to PCO-OIC ==== | + | ==== Step 10: Final Regulatory Submission Goes to PCO-OIC==== |
| Once the final regulatory proposal has been approved by the responsible minister(s), the documents identified in the checklist below should be sent to the Assistant Clerk of the Privy Council. Unless specified otherwise, all documents are required in both official languages and must be prepared as separate versions rather than in a side-by-side format. | | Once the final regulatory proposal has been approved by the responsible minister(s), the documents identified in the checklist below should be sent to the Assistant Clerk of the Privy Council. Unless specified otherwise, all documents are required in both official languages and must be prepared as separate versions rather than in a side-by-side format. |
| | | |
Line 505: |
Line 512: |
| !Photocopies | | !Photocopies |
| |- | | |- |
− | |Letter of Transmittal | + | | Letter of Transmittal |
| |Original | | |Original |
| |4 | | |4 |
Line 517: |
Line 524: |
| |6 | | |6 |
| |- | | |- |
− | |Regulations | + | | Regulations |
| |One stamped original–JUS to provide PCO with an electronic version of the document(s) | | |One stamped original–JUS to provide PCO with an electronic version of the document(s) |
| |10 | | |10 |
Line 534: |
Line 541: |
| |- | | |- |
| |Request for Insertion in the Canada Gazette | | |Request for Insertion in the Canada Gazette |
− | |Original | + | | Original |
| |None | | |None |
| |- | | |- |
Line 542: |
Line 549: |
| |} | | |} |
| | | |
− | ==== Step 11: Making of the Regulation by the Governor in Council ==== | + | ====Step 11: Making of the Regulation by the Governor in Council==== |
| The GIC is the Governor General of Canada acting on the advice of Cabinet. Since December 2003, advice to the Governor General on behalf of the Queen's Privy Council has been provided by the Treasury Board. | | The GIC is the Governor General of Canada acting on the advice of Cabinet. Since December 2003, advice to the Governor General on behalf of the Queen's Privy Council has been provided by the Treasury Board. |
| | | |
Line 549: |
Line 556: |
| If the Treasury Board does not agree to recommend the making of a regulation, it may do the following: | | If the Treasury Board does not agree to recommend the making of a regulation, it may do the following: |
| | | |
− | * Request a second pre-publication; | + | *Request a second pre-publication; |
− | * Send the item to Cabinet or one of its other committees for consideration; | + | *Send the item to Cabinet or one of its other committees for consideration; |
− | * Refer the matter back to the recommending minister for further consideration; and | + | *Refer the matter back to the recommending minister for further consideration; and |
− | * Refuse to approve the submission. | + | *Refuse to approve the submission. |
| | | |
| Again at this step, you may be asked to have an experienced and knowledgeable official available (preferably at the ADM level but no lower than the director level) to answer questions or provide additional information during the Treasury Board meeting. TBS-RAS will advise when this is necessary, and TBS-RAS will inform the identified official of the time and place of the meeting. | | Again at this step, you may be asked to have an experienced and knowledgeable official available (preferably at the ADM level but no lower than the director level) to answer questions or provide additional information during the Treasury Board meeting. TBS-RAS will advise when this is necessary, and TBS-RAS will inform the identified official of the time and place of the meeting. |
Line 558: |
Line 565: |
| A regulation is "made" when the Governor General signs the Order in Council attached to the regulation. This usually happens shortly after the Treasury Board meeting. | | A regulation is "made" when the Governor General signs the Order in Council attached to the regulation. This usually happens shortly after the Treasury Board meeting. |
| | | |
− | ==== Step 12: Registering, Coming into Force, Publishing in Canada Gazette, Part II, and Distributing Regulations ==== | + | ==== Step 12: Registering, Coming into Force, Publishing in Canada Gazette, Part II, and Distributing Regulations==== |
| | | |
− | ===== Registration ===== | + | =====Registration ===== |
| Section 5 of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] requires that a regulation be transmitted to the Clerk for registration within seven days. In practice, registration is usually done within 48 hours of the Treasury Board meeting at which the regulation is considered. | | Section 5 of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] requires that a regulation be transmitted to the Clerk for registration within seven days. In practice, registration is usually done within 48 hours of the Treasury Board meeting at which the regulation is considered. |
| | | |
Line 567: |
Line 574: |
| Certain classes of regulations may be exempted from registration under section 7 of the [http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1509/ Statutory Instruments Regulations]. Your JUS legislative counsel can advise you on this matter, and your TBS-RAS analyst should also be consulted. | | Certain classes of regulations may be exempted from registration under section 7 of the [http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1509/ Statutory Instruments Regulations]. Your JUS legislative counsel can advise you on this matter, and your TBS-RAS analyst should also be consulted. |
| | | |
− | ===== Coming into Force ===== | + | =====Coming into Force===== |
| Regulations that must be registered generally come into force at midnight on the date of registration provided for in section 6 of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] or on a day after registration that is specified in the regulations. | | Regulations that must be registered generally come into force at midnight on the date of registration provided for in section 6 of the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] or on a day after registration that is specified in the regulations. |
| | | |
Line 576: |
Line 583: |
| In all cases, the government's decision to make a regulation must '''not''' be publicly announced until the OIC has been signed by the Governor General. However, it is possible to announce the '''intent''' to proceed with a certain course of action. Departmental communications advisors should also be consulted on any ministerial announcements related to the regulations and coordinate with PCO. | | In all cases, the government's decision to make a regulation must '''not''' be publicly announced until the OIC has been signed by the Governor General. However, it is possible to announce the '''intent''' to proceed with a certain course of action. Departmental communications advisors should also be consulted on any ministerial announcements related to the regulations and coordinate with PCO. |
| | | |
− | ===== Publication ===== | + | =====Publication===== |
| Section 11 of the [http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1509/ Statutory Instruments Regulations] requires that most regulations be published in the Canada Gazette, Part II, within 23 days of their registration (Part II is published every second Wednesday).PCO-OIC coordinates this process. As in the case with pre-publication, an extra edition of the Canada Gazette, Part II can be published on an exceptional basis (e.g., to enable a regulation to be published and enforced in advance of the normal publication schedule to meet an urgent need). | | Section 11 of the [http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1509/ Statutory Instruments Regulations] requires that most regulations be published in the Canada Gazette, Part II, within 23 days of their registration (Part II is published every second Wednesday).PCO-OIC coordinates this process. As in the case with pre-publication, an extra edition of the Canada Gazette, Part II can be published on an exceptional basis (e.g., to enable a regulation to be published and enforced in advance of the normal publication schedule to meet an urgent need). |
| | | |
Line 583: |
Line 590: |
| There are two exceptions to this general rule. A person or organization contravening an unpublished regulation can be punished if the regulation is exempt from publication or if the regulation expressly provides that it applies before it is published in the Canada Gazette, Part II. In such cases, however, it must be proved that reasonable steps were taken to bring the substance of the regulation to the notice of those likely to be affected by it. | | There are two exceptions to this general rule. A person or organization contravening an unpublished regulation can be punished if the regulation is exempt from publication or if the regulation expressly provides that it applies before it is published in the Canada Gazette, Part II. In such cases, however, it must be proved that reasonable steps were taken to bring the substance of the regulation to the notice of those likely to be affected by it. |
| | | |
− | ===== Distribution ===== | + | =====Distribution===== |
| Signed copies of an Order in Council are normally mailed to the sponsoring minister and to the deputy minister or agency head within five days of signature. | | Signed copies of an Order in Council are normally mailed to the sponsoring minister and to the deputy minister or agency head within five days of signature. |
| | | |
| Usually, OIC, including those making regulations, are made publicly available three working days after approval by the Governor General. They can be found at the PCO Reading Room (4th Floor, 85 Sparks Street, Ottawa), where visitors can obtain a short précis list of orders and regulations, together with the name of the sponsoring department, the legal authority, and the Privy Council number, and they can be found on the Web at the [http://www.pco-bcp.gc.ca/oic-ddc.asp?lang=eng Orders in Council Database]. | | Usually, OIC, including those making regulations, are made publicly available three working days after approval by the Governor General. They can be found at the PCO Reading Room (4th Floor, 85 Sparks Street, Ottawa), where visitors can obtain a short précis list of orders and regulations, together with the name of the sponsoring department, the legal authority, and the Privy Council number, and they can be found on the Web at the [http://www.pco-bcp.gc.ca/oic-ddc.asp?lang=eng Orders in Council Database]. |
| | | |
− | === Review by the Standing Joint Committee for the Scrutiny of Regulations === | + | ===Review by the Standing Joint Committee for the Scrutiny of Regulations=== |
| The mandate of the Standing Joint Committee for the Scrutiny of Regulations is defined by the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act], the [http://laws-lois.justice.gc.ca/eng/acts/S-20/FullText.html Legislation Revision and Consolidation Act], and the Standing Orders of the House of Commons (the permanent written rules under which the House of Commons regulates its proceedings). 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 on or after December 31, 1971. | | The mandate of the Standing Joint Committee for the Scrutiny of Regulations is defined by the [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act], the [http://laws-lois.justice.gc.ca/eng/acts/S-20/FullText.html Legislation Revision and Consolidation Act], and the Standing Orders of the House of Commons (the permanent written rules under which the House of Commons regulates its proceedings). 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 on or after December 31, 1971. |
| | | |
Line 599: |
Line 606: |
| |} | | |} |
| | | |
− | == Part 3: Critical Path Template == | + | ==Part 3: Critical Path Template == |
| | | |
− | === Proposed Critical Path Template === | + | ===Proposed Critical Path Template=== |
| To assist in meeting the timelines required for the submission of regulatory proposals for pre-publication and final approval, a critical path template is provided below.<blockquote style="background-color: lightgrey; border: solid thin grey;"> | | To assist in meeting the timelines required for the submission of regulatory proposals for pre-publication and final approval, a critical path template is provided below.<blockquote style="background-color: lightgrey; border: solid thin grey;"> |
| '''Download''' | | '''Download''' |
Line 611: |
Line 618: |
| To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF.</blockquote> | | To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF.</blockquote> |
| | | |
− | == Part 4: Document Checklist and Templates == | + | ==Part 4: Document Checklist and Templates== |
| A number of documents are required to support the approval of GIC regulations. Document requirements at various stages of the approval process are summarized in the following checklist. This part of the guide also provides explanations and sample templates for some of these documents. | | A number of documents are required to support the approval of GIC regulations. Document requirements at various stages of the approval process are summarized in the following checklist. This part of the guide also provides explanations and sample templates for some of these documents. |
| {| class="wikitable" | | {| class="wikitable" |
| |+Documentation Checklist-Governor in Council Regulations | | |+Documentation Checklist-Governor in Council Regulations |
| ! rowspan="2" |Documents<ref>All documents must be prepared in English and French, except the Request for Insertion in the Canada Gazette and the Letter of Transmittal, which can be submitted in either language.</ref> | | ! rowspan="2" |Documents<ref>All documents must be prepared in English and French, except the Request for Insertion in the Canada Gazette and the Letter of Transmittal, which can be submitted in either language.</ref> |
− | ! colspan="2" |Submission for Legal Examination | + | ! colspan="2" | Submission for Legal Examination |
| ! rowspan="2" |Submission to the Treasury Board for Pre-Publication Approval | | ! rowspan="2" |Submission to the Treasury Board for Pre-Publication Approval |
| Assistant Clerk | | Assistant Clerk |
Line 625: |
Line 632: |
| |- | | |- |
| !Either the Regulations Section, JUS, or the Departmental Regulations Sections | | !Either the Regulations Section, JUS, or the Departmental Regulations Sections |
− | !Treasury Board of Canada Secretariat–Regulatory Affairs Sector (TBS-RAS)<ref>Send to the Director of Cabinet Committee Operations, TBS-RAS, or to the appropriate TBS-RAS analyst. The analyst will review the draft proposal and may provide comments to departmental officials.</ref> | + | ! Treasury Board of Canada Secretariat–Regulatory Affairs Sector (TBS-RAS)<ref>Send to the Director of Cabinet Committee Operations, TBS-RAS, or to the appropriate TBS-RAS analyst. The analyst will review the draft proposal and may provide comments to departmental officials.</ref> |
| |- | | |- |
| |Letter of Transmittal to the Assistant Clerk of the Privy Council | | |Letter of Transmittal to the Assistant Clerk of the Privy Council |
Line 636: |
Line 643: |
| |Draft (unsigned) | | |Draft (unsigned) |
| |Draft (unsigned) | | |Draft (unsigned) |
− | |N/A | + | | N/A |
| |Original signed by minister and one photocopy | | |Original signed by minister and one photocopy |
| |- | | |- |
Line 651: |
Line 658: |
| |One original stamped copy and six photocopies of both English and French | | |One original stamped copy and six photocopies of both English and French |
| |- | | |- |
− | |Regulations | + | | Regulations |
| |Email or diskette | | |Email or diskette |
| |One copy or email or diskette | | |One copy or email or diskette |
Line 657: |
Line 664: |
| |One original stamped copy and 10 photocopies of both English and French | | |One original stamped copy and 10 photocopies of both English and French |
| |- | | |- |
− | |RIAS | + | | RIAS |
| |Email or diskette | | |Email or diskette |
| |One copy or email or diskette | | |One copy or email or diskette |
Line 676: |
Line 683: |
| |Original hard copy and four photocopies | | |Original hard copy and four photocopies |
| |- | | |- |
− | |Request for Insertion in the Canada Gazette | + | | Request for Insertion in the Canada Gazette |
| |N/A | | |N/A |
| |N/A | | |N/A |
− | |Original signed by departmental official | + | | Original signed by departmental official |
| |Original signed by departmental official | | |Original signed by departmental official |
| |- | | |- |
− | |Artwork, if any | + | | Artwork, if any |
| |Email or diskette | | |Email or diskette |
| |One copy or email or diskette | | |One copy or email or diskette |
Line 691: |
Line 698: |
| |} | | |} |
| | | |
− | === Regulatory Impact Analysis Statement Cover Page === | + | ===Regulatory Impact Analysis Statement Cover Page=== |
| The RIAS cover page is the recommendation of the sponsoring minister(s) to his or her Treasury Board colleagues to pre-publish a regulation. It should use the format shown in the accompanying template and must be '''signed by the sponsoring minister(s)'''. | | The RIAS cover page is the recommendation of the sponsoring minister(s) to his or her Treasury Board colleagues to pre-publish a regulation. It should use the format shown in the accompanying template and must be '''signed by the sponsoring minister(s)'''. |
| | | |
Line 699: |
Line 706: |
| '''Formatting Tips for the RIAS Cover Page''' | | '''Formatting Tips for the RIAS Cover Page''' |
| | | |
− | * Use ministerial or departmental letterhead. | + | *Use ministerial or departmental letterhead. |
| * Use the official title of the minister (see the [http://webinfo.parl.gc.ca/MembersOfParliament/MainCabinetCompleteList.aspx?TimePeriod=Current&Language=E Canadian Ministry]). | | * Use the official title of the minister (see the [http://webinfo.parl.gc.ca/MembersOfParliament/MainCabinetCompleteList.aspx?TimePeriod=Current&Language=E Canadian Ministry]). |
− | * Use the font Times New Roman 12; all margins should be set at 1 in. (2.54 cm). | + | *Use the font Times New Roman 12; all margins should be set at 1 in. (2.54 cm). |
− | * Bold and italicize only the mandatory sections. If there is a need for subdivisions, underlining the heading is sufficient. | + | *Bold and italicize only the mandatory sections. If there is a need for subdivisions, underlining the heading is sufficient. |
− | * Be concise; avoid repetition in the document. | + | *Be concise; avoid repetition in the document. |
− | * The information from the Notice of Pre-Publication should not be reproduced in the RIAS. | + | *The information from the Notice of Pre-Publication should not be reproduced in the RIAS. |
− | * The information may appear on one page, with the English and French versions side by side. | + | *The information may appear on one page, with the English and French versions side by side. |
− | * Canada Gazette should always be italicized (i.e., Canada Gazette, Part I; Canada Gazette, Part II). | + | *Canada Gazette should always be italicized (i.e., Canada Gazette, Part I; Canada Gazette, Part II). |
− | * The expression "proposed regulations" should be used during pre-publication but '''not''' for final publication of the regulations. When the final text of the regulations is published in the Canada Gazette, Part II, the regulations have already been made and thus are no longer "proposed."</blockquote> | + | *The expression "proposed regulations" should be used during pre-publication but '''not''' for final publication of the regulations. When the final text of the regulations is published in the Canada Gazette, Part II, the regulations have already been made and thus are no longer "proposed."</blockquote> |
| <blockquote style="background-color: lightgrey; border: solid thin grey;"> | | <blockquote style="background-color: lightgrey; border: solid thin grey;"> |
| '''Download''' | | '''Download''' |
Line 713: |
Line 720: |
| If the following document is not accessible to you, please contact [mailto:info@tbs-sct.gc.ca info@tbs-sct.gc.ca] for assistance. | | If the following document is not accessible to you, please contact [mailto:info@tbs-sct.gc.ca info@tbs-sct.gc.ca] for assistance. |
| | | |
− | * [https://www.canada.ca/content/dam/canada/tbs-sct/migration/hgw-cgf/priorities-priorites/rtrap-parfa/guides/gfrpg-gperf/rtf/regulatory-impact-analysis-statement.rtf.doc Regulatory Impact Analysis Statement] (RTF version, 25 Kb) | + | *[https://www.canada.ca/content/dam/canada/tbs-sct/migration/hgw-cgf/priorities-priorites/rtrap-parfa/guides/gfrpg-gperf/rtf/regulatory-impact-analysis-statement.rtf.doc Regulatory Impact Analysis Statement] (RTF version, 25 Kb) |
| | | |
| To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF.</blockquote> | | To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF.</blockquote> |
| | | |
− | === Ministerial Recommendation === | + | ===Ministerial Recommendation=== |
| A Ministerial recommendation is the official request from the minister to the GIC to make a regulation pertaining to a specific matter and, when applicable, to request an exemption from pre-publication. The information contained in this document must be identical to the information contained in the Order in Council. | | A Ministerial recommendation is the official request from the minister to the GIC to make a regulation pertaining to a specific matter and, when applicable, to request an exemption from pre-publication. The information contained in this document must be identical to the information contained in the Order in Council. |
| | | |
Line 731: |
Line 738: |
| '''Formatting Tips for the Ministerial Recommendation''' | | '''Formatting Tips for the Ministerial Recommendation''' |
| | | |
− | * Use ministerial or departmental letterhead. | + | *Use ministerial or departmental letterhead. |
− | * It is recommended that the information it contains be identical to the OIC. | + | *It is recommended that the information it contains be identical to the OIC. |
− | * The recommendation may appear on one page, with the English and French versions side by side. | + | *The recommendation may appear on one page, with the English and French versions side by side. |
− | * When the document consists of more than one page, the pages must be numbered. | + | *When the document consists of more than one page, the pages must be numbered. |
− | * The recommendation must be dated and signed by the minister(s).</blockquote> | + | *The recommendation must be dated and signed by the minister(s).</blockquote> |
| <blockquote style="background-color: lightgrey; border: solid thin grey;">'''Download''' | | <blockquote style="background-color: lightgrey; border: solid thin grey;">'''Download''' |
| | | |
| If the following document is not accessible to you, please contact [mailto:info@tbs-sct.gc.ca info@tbs-sct.gc.ca] for assistance. | | If the following document is not accessible to you, please contact [mailto:info@tbs-sct.gc.ca info@tbs-sct.gc.ca] for assistance. |
| | | |
− | * [https://www.canada.ca/content/dam/canada/tbs-sct/migration/hgw-cgf/priorities-priorites/rtrap-parfa/guides/gfrpg-gperf/rtf/ministerial-recommendation.rtf.doc Ministerial Recommendation] (RTF version, 22 Kb) | + | *[https://www.canada.ca/content/dam/canada/tbs-sct/migration/hgw-cgf/priorities-priorites/rtrap-parfa/guides/gfrpg-gperf/rtf/ministerial-recommendation.rtf.doc Ministerial Recommendation] (RTF version, 22 Kb) |
| | | |
| To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF. | | To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF. |
Line 746: |
Line 753: |
| The example above is for new regulations. Sample paragraphs that could be used for amending existing regulations and repealing regulations are provided below.</blockquote> | | The example above is for new regulations. Sample paragraphs that could be used for amending existing regulations and repealing regulations are provided below.</blockquote> |
| | | |
− | == Amending Regulations == | + | ==Amending Regulations== |
| | | |
− | === Amending regulations === | + | ===Amending regulations=== |
| The undersigned has the honour to recommend that Your Excellency in Council, pursuant to section (insert relevant section) of the (insert relevant Act), make the annexed (insert name of the Regulations). | | The undersigned has the honour to recommend that Your Excellency in Council, pursuant to section (insert relevant section) of the (insert relevant Act), make the annexed (insert name of the Regulations). |
| | | |
− | === Repealing regulations === | + | ===Repealing regulations=== |
| The undersigned has the honour to recommend that Your Excellency in Council, pursuant to section (insert relevant section) of the (insert relevant Act), make the annexed (insert name of the Regulations). | | The undersigned has the honour to recommend that Your Excellency in Council, pursuant to section (insert relevant section) of the (insert relevant Act), make the annexed (insert name of the Regulations). |
| | | |
− | === Supplementary Note === | + | ===Supplementary Note=== |
| A Supplementary Note is used to inform ministers of confidential (e.g., trade secrets) or sensitive matters (e.g., federal or provincial issues) not found in the RIAS. Supplementary Notes can be initiated by the regulatory organization or requested by the TBS-RAS analyst. Most regulatory submissions do not require a Supplementary Note. | | A Supplementary Note is used to inform ministers of confidential (e.g., trade secrets) or sensitive matters (e.g., federal or provincial issues) not found in the RIAS. Supplementary Notes can be initiated by the regulatory organization or requested by the TBS-RAS analyst. Most regulatory submissions do not require a Supplementary Note. |
| | | |
Line 766: |
Line 773: |
| *The information provided should be in bullet form, concise, and to the point. | | *The information provided should be in bullet form, concise, and to the point. |
| *Do not attach the Supplementary Note to any other document. | | *Do not attach the Supplementary Note to any other document. |
− | *The Supplementary Note should be submitted on standard size (8½ in. × 11 in.) paper, in both English and. French</blockquote> | + | * The Supplementary Note should be submitted on standard size (8½ in. × 11 in.) paper, in both English and. French</blockquote> |
| <blockquote style="background-color: lightgrey; border: solid thin grey;">'''Download''' | | <blockquote style="background-color: lightgrey; border: solid thin grey;">'''Download''' |
| | | |
Line 832: |
Line 839: |
| To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF.</blockquote> | | To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF.</blockquote> |
| | | |
− | ===Notice of Pre-Publication=== | + | === Notice of Pre-Publication=== |
| The Notice of Pre-Publication is the text published in the Canada Gazette, Part I, formally announcing the regulatory organization's intent to regulate. It provides the name of the proposed regulation (or the regulation to be amended) and specifies the number of days during which interested parties may comment. (The Notice of Pre-Publication is followed in the Canada Gazette, Part I, by the text of the proposed regulation and preceded by the RIAS.) | | The Notice of Pre-Publication is the text published in the Canada Gazette, Part I, formally announcing the regulatory organization's intent to regulate. It provides the name of the proposed regulation (or the regulation to be amended) and specifies the number of days during which interested parties may comment. (The Notice of Pre-Publication is followed in the Canada Gazette, Part I, by the text of the proposed regulation and preceded by the RIAS.) |
| | | |
Line 851: |
Line 858: |
| {{align|right|Assistant Clerk of the Privy Council}} | | {{align|right|Assistant Clerk of the Privy Council}} |
| | | |
− | === New Regulations or Amendment of a Regulation (Approved by Governor in Council), where Pre-Publication Is Required by Statute === | + | ===New Regulations or Amendment of a Regulation (Approved by Governor in Council), where Pre-Publication Is Required by Statute=== |
| DEPARTMENT OF (insert name of Department) | | DEPARTMENT OF (insert name of Department) |
| | | |
Line 862: |
Line 869: |
| {{align|right|Assistant Clerk of the Privy Council}} | | {{align|right|Assistant Clerk of the Privy Council}} |
| | | |
− | === The Communications Plan === | + | ===The Communications Plan=== |
| All regulatory proposals other than miscellaneous amendment regulations must be accompanied by a communications plan that indicates the following: | | All regulatory proposals other than miscellaneous amendment regulations must be accompanied by a communications plan that indicates the following: |
| | | |
− | * The public environment analysis; | + | *The public environment analysis; |
− | * The target audience(s) for communication initiatives and anticipated reactions; | + | *The target audience(s) for communication initiatives and anticipated reactions; |
− | * The key messages and storyline; | + | *The key messages and storyline; |
− | * The strategy and tools that will be used to disseminate information; | + | *The strategy and tools that will be used to disseminate information; |
| * The proposed budget and evaluation methods; and | | * The proposed budget and evaluation methods; and |
− | * The risks involved. | + | *The risks involved. |
| | | |
| This plan demonstrates to Treasury Board ministers that communications have been given consideration, even if the plan is only to publish in the Canada Gazette. | | This plan demonstrates to Treasury Board ministers that communications have been given consideration, even if the plan is only to publish in the Canada Gazette. |
Line 876: |
Line 883: |
| When the strategy involves a minister's announcement, or if the regulatory proposal has high communications risks or is related to a key government priority, PCO-Communications must be contacted by the department or agency (usually the departmental communications section) to review the communications plan. | | When the strategy involves a minister's announcement, or if the regulatory proposal has high communications risks or is related to a key government priority, PCO-Communications must be contacted by the department or agency (usually the departmental communications section) to review the communications plan. |
| | | |
− | == Part 5: Treasury Board Submissions and Governor in Council Proposals == | + | ==Part 5: Treasury Board Submissions and Governor in Council Proposals== |
| | | |
− | === When Do Regulations Need a Treasury Board Submission? === | + | ===When Do Regulations Need a Treasury Board Submission?=== |
| A regulatory proposal must be accompanied by a Treasury Board submission when it has resource management implications. Typical examples include seeking authority to do the following: | | A regulatory proposal must be accompanied by a Treasury Board submission when it has resource management implications. Typical examples include seeking authority to do the following: |
| | | |
− | * Allocate resources previously approved by Cabinet or included in a federal budget; | + | *Allocate resources previously approved by Cabinet or included in a federal budget; |
− | * Authorize or amend terms and conditions of grant or contribution programs; | + | *Authorize or amend terms and conditions of grant or contribution programs; |
− | * Carry out a project or initiative that would exceed the cost limit of a minister's delegated authority; | + | *Carry out a project or initiative that would exceed the cost limit of a minister's delegated authority; |
− | * Enter into a contract above or outside a federal organization's or minister's authority; and | + | *Enter into a contract above or outside a federal organization's or minister's authority; and |
− | * Obtain an exemption from a Treasury Board policy. | + | *Obtain an exemption from a Treasury Board policy. |
| | | |
| A Treasury Board submission is also required if the proposed regulation is subject to the User Fees Act or impacts the Consolidated Revenue Fund. | | A Treasury Board submission is also required if the proposed regulation is subject to the User Fees Act or impacts the Consolidated Revenue Fund. |
Line 895: |
Line 902: |
| The Treasury Board submission must be made in advance of the minister seeking approval for pre-publication of the regulatory proposal, but this may occur at the same Treasury Board meeting. | | The Treasury Board submission must be made in advance of the minister seeking approval for pre-publication of the regulatory proposal, but this may occur at the same Treasury Board meeting. |
| | | |
− | === Process for Treasury Board Submissions === | + | ===Process for Treasury Board Submissions=== |
| When a regulatory submission must be accompanied by a Treasury Board submission, the latter must be brought forward at the pre-publication stage. Both submissions should be forwarded at the same time to: | | When a regulatory submission must be accompanied by a Treasury Board submission, the latter must be brought forward at the pre-publication stage. Both submissions should be forwarded at the same time to: |
| | | |
Line 914: |
Line 921: |
| Once pre-publication is completed, the recommendation of the Treasury Board is not required for the final approval stage unless substantive changes that have financial or program impact have been made to the regulation. | | Once pre-publication is completed, the recommendation of the Treasury Board is not required for the final approval stage unless substantive changes that have financial or program impact have been made to the regulation. |
| | | |
− | === Treasury Board Regulations Versus Governor in Council Regulations === | + | ===Treasury Board Regulations Versus Governor in Council Regulations=== |
| The statutory authority (enabling act) pursuant to which a regulation is made determines the process to be used: | | The statutory authority (enabling act) pursuant to which a regulation is made determines the process to be used: |
| | | |
− | * When the enabling act states that the Treasury Board may make regulations, the sponsoring minister must present the regulatory submission to the Treasury Board for decisions on both pre-publication and final publication. | + | *When the enabling act states that the Treasury Board may make regulations, the sponsoring minister must present the regulatory submission to the Treasury Board for decisions on both pre-publication and final publication. |
− | * When the enabling act states that the GIC may make regulations, the sponsoring minister must present the regulatory submission to the Treasury Board for a decision on pre-publication and, subsequently, for recommendation to the Governor General for final approval. | + | *When the enabling act states that the GIC may make regulations, the sponsoring minister must present the regulatory submission to the Treasury Board for a decision on pre-publication and, subsequently, for recommendation to the Governor General for final approval. |
− | * When the enabling act states that the GIC may make regulations "on the recommendation of the Treasury Board," the sponsoring minister must present the regulatory submission to both the Treasury Board and the GIC for approval. The regulatory organization must also prepare a separate submission for the Treasury Board. | + | *When the enabling act states that the GIC may make regulations "on the recommendation of the Treasury Board," the sponsoring minister must present the regulatory submission to both the Treasury Board and the GIC for approval. The regulatory organization must also prepare a separate submission for the Treasury Board. |
| | | |
− | == Part 6: Miscellaneous Amendments Regulations == | + | == Part 6: Miscellaneous Amendments Regulations== |
| | | |
− | === Description === | + | ===Description=== |
| Miscellaneous amendments regulations (MARs) are used to quickly correct errors, omissions, and inconsistencies in regulations. This process can be used at any time. | | Miscellaneous amendments regulations (MARs) are used to quickly correct errors, omissions, and inconsistencies in regulations. This process can be used at any time. |
| | | |
| The MAR process is faster and less costly than other regulatory approval mechanisms; it has the following advantages: | | The MAR process is faster and less costly than other regulatory approval mechanisms; it has the following advantages: |
| | | |
− | * It uses a low-impact RIAS, which is a simplified RIAS. | + | *It uses a low-impact RIAS, which is a simplified RIAS. |
− | * No communications plan is required. | + | *No communications plan is required. |
− | * It is expected that there will be a recommendation for exemption from pre-publication in Part I of the Canada Gazette (except where required by statute). | + | *It is expected that there will be a recommendation for exemption from pre-publication in Part I of the Canada Gazette (except where required by statute). |
| | | |
| Regulatory organizations must ensure that they obtain concurrence from TBS-RAS before sending the draft of the drafting instructions to the relevant regulations section of JUS. To maximize efficiency, MARs should be submitted in an omnibus package. | | Regulatory organizations must ensure that they obtain concurrence from TBS-RAS before sending the draft of the drafting instructions to the relevant regulations section of JUS. To maximize efficiency, MARs should be submitted in an omnibus package. |
Line 936: |
Line 943: |
| When a regulation-making authority intends to amend several instruments at the same time, and some of the instruments are statutory instruments (SI), and others are statutory orders and regulations (SOR), two separate instruments are required: one to amend the SIs and the other to amend the SORs. | | When a regulation-making authority intends to amend several instruments at the same time, and some of the instruments are statutory instruments (SI), and others are statutory orders and regulations (SOR), two separate instruments are required: one to amend the SIs and the other to amend the SORs. |
| | | |
− | === Criteria === | + | ===Criteria=== |
| MARs can be used to implement corrections that have been triaged as having no impact. These corrections are restricted to the following: | | 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; | + | *Errors in format, syntax, spelling, and punctuation; |
− | * Typographical errors, archaisms, anomalies, and numbering errors; | + | *Typographical errors, archaisms, anomalies, and numbering errors; |
| * Inconsistencies between the English and French versions, as long as these inconsistencies are non-substantive; | | * 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 | + | *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). | + | *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 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 MAR process is appropriate. | | 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 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 MAR process is appropriate. |
| | | |
− | === Process === | + | === Process=== |
| Ensure receipt of concurrence from TBS-RAS before proceeding with MARs. Unless otherwise indicated (e.g., statutory requirements), the following requirements apply to MARs: | | Ensure receipt of concurrence from TBS-RAS before proceeding with MARs. Unless otherwise indicated (e.g., statutory requirements), the following requirements apply to MARs: |
| | | |
− | * The low-impact RIAS template must be completed. | + | *The low-impact RIAS template must be completed. |
− | * The minister or agency head does not have to sign the RIAS. | + | *The minister or agency head does not have to sign the RIAS. |
− | * No communications plan is required. | + | *No communications plan is required. |
− | * No pre-publication is necessary. | + | *No pre-publication is necessary. |
− | * The words "Miscellaneous Amendments Regulation" must appear in the title of the MAR. | + | *The words "Miscellaneous Amendments Regulation" must appear in the title of the MAR. |
| | | |
− | === Examination of the Regulations and the Regulatory Impact Analysis Statement === | + | ===Examination of the Regulations and the Regulatory Impact Analysis Statement=== |
| The examination of proposed regulations by the JUS drafters and review of the RIAS by TBS-RAS follow the same steps as regulatory amendments exempt from pre-publication (in other words, they are reviewed only once). | | The examination of proposed regulations by the JUS drafters and review of the RIAS by TBS-RAS follow the same steps as regulatory amendments exempt from pre-publication (in other words, they are reviewed only once). |
| | | |
| When the MAR is making changes requested by the Standing Joint Committee, a copy of all correspondence between the regulating organization and the Committee should be attached to the regulatory proposal. | | When the MAR is making changes requested by the Standing Joint Committee, a copy of all correspondence between the regulating organization and the Committee should be attached to the regulatory proposal. |
| | | |
− | === Quality Control of Documentation by the Orders in Council Division of the Privy Council Office and Preparation of Briefing Note by the Treasury Board of Canada Secretariat's Regulatory Affairs Sector === | + | ===Quality Control of Documentation by the Orders in Council Division of the Privy Council Office and Preparation of Briefing Note by the Treasury Board of Canada Secretariat's Regulatory Affairs Sector=== |
| Once ministerial approval is received, the documents listed in the table below are sent to the Assistant Clerk of the Privy Council. The signature of the ADM is not required; another departmental official may sign the letter, which must refer specifically to "miscellaneous amendments regulations." | | Once ministerial approval is received, the documents listed in the table below are sent to the Assistant Clerk of the Privy Council. The signature of the ADM is not required; another departmental official may sign the letter, which must refer specifically to "miscellaneous amendments regulations." |
| | | |
| MARs are generally exempted from pre-publication. However, if pre-publication is required by statute, you must send the documentation listed in the checklist below to PCO-OIC. | | MARs are generally exempted from pre-publication. However, if pre-publication is required by statute, you must send the documentation listed in the checklist below to PCO-OIC. |
| | | |
− | === Ministerial Regulations === | + | ===Ministerial Regulations=== |
| When MARs are made in relation to ministerial regulations, the amendments are the responsibility of the minister administering the enabling act. Once ministerial approval is obtained, the regulations are "made" and can be sent to PCO-OIC for publication in the Canada Gazette, Part II. The Letter of Transmittal must refer to "miscellaneous amendments regulations" and must include a contact name, title, and telephone number. | | When MARs are made in relation to ministerial regulations, the amendments are the responsibility of the minister administering the enabling act. Once ministerial approval is obtained, the regulations are "made" and can be sent to PCO-OIC for publication in the Canada Gazette, Part II. The Letter of Transmittal must refer to "miscellaneous amendments regulations" and must include a contact name, title, and telephone number. |
| | | |
− | == Appendix – Forward Plan == | + | ==Appendix – Forward Plan== |
| <blockquote style="background-color: lightgrey; border: solid thin grey;">'''Download''' | | <blockquote style="background-color: lightgrey; border: solid thin grey;">'''Download''' |
| | | |
| If the following document is not accessible to you, please contact [mailto:info@tbs-sct.gc.ca info@tbs-sct.gc.ca] for assistance. | | If the following document is not accessible to you, please contact [mailto:info@tbs-sct.gc.ca info@tbs-sct.gc.ca] for assistance. |
| | | |
− | * [https://www.canada.ca/content/dam/canada/tbs-sct/migration/hgw-cgf/priorities-priorites/rtrap-parfa/guides/gfrpg-gperf/rtf/forward-plan.rtf.doc Forward Plan] (RTF version, 83 Kb) | + | *[https://www.canada.ca/content/dam/canada/tbs-sct/migration/hgw-cgf/priorities-priorites/rtrap-parfa/guides/gfrpg-gperf/rtf/forward-plan.rtf.doc Forward Plan] (RTF version, 83 Kb) |
| | | |
| To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF.</blockquote> | | To view the RTF version, use the document conversion features available in most word processing software, or use a file viewer capable of reading RTF.</blockquote> |
| | | |
− | == Acronyms == | + | ==Acronyms== |
| | | |
| ; CDRM | | ; CDRM |
− | : [[Cabinet Directive on Regulatory Management]] | + | :[[Cabinet Directive on Regulatory Management]] |
− | ; GIC | + | ;GIC |
− | : Governor in Council | + | :Governor in Council |
− | ; JUS | + | ;JUS |
| : Department of Justice Canada | | : Department of Justice Canada |
− | ; MAR | + | ;MAR |
− | : Miscellaneous amendments regulation | + | :Miscellaneous amendments regulation |
− | ; OIC | + | ;OIC |
− | : Order in Council | + | :Order in Council |
− | ; PCO | + | ;PCO |
− | : Privy Council Office | + | :Privy Council Office |
− | ; PCO-OIC | + | ;PCO-OIC |
− | : Privy Council Office, Orders in Council Division | + | :Privy Council Office, Orders in Council Division |
− | ; PWGSC | + | ;PWGSC |
− | : Public Works and Government Services Canada | + | :Public Works and Government Services Canada |
− | ; RIAS | + | ;RIAS |
− | : Regulatory Impact Analysis Statement | + | :Regulatory Impact Analysis Statement |
| ; TBS | | ; TBS |
− | : Treasury Board of Canada Secretariat | + | :Treasury Board of Canada Secretariat |
− | ; TBS-RAS | + | ;TBS-RAS |
− | : Treasury Board of Canada Secretariat, Regulatory Affairs Sector | + | :Treasury Board of Canada Secretariat, Regulatory Affairs Sector |
| | | |
− | == Web Addresses == | + | ==Web Addresses == |
| | | |
− | === Treasury Board of Canada Secretariat–Regulatory Affairs Sector === | + | ===Treasury Board of Canada Secretariat–Regulatory Affairs Sector=== |
| | | |
− | * Cabinet Directive on Streamlining Regulation | + | *Cabinet Directive on Streamlining Regulation |
− | * Assessing, Selecting, and Implementing Instruments for Government Action | + | *Assessing, Selecting, and Implementing Instruments for Government Action |
− | * Canadian Cost-Benefit Analysis Guide: Regulatory Proposals | + | *Canadian Cost-Benefit Analysis Guide: Regulatory Proposals |
− | * Guidelines on International Regulatory Obligations and Cooperation | + | *Guidelines on International Regulatory Obligations and Cooperation |
− | * Guidelines for Effective Regulatory Consultation | + | *Guidelines for Effective Regulatory Consultation |
| | | |
− | === Other Web Addresses === | + | ===Other Web Addresses=== |
| | | |
− | * [http://www.pco-bcp.gc.ca/index.asp?doc=legislation/table_e.htm&lang=eng&page=information&sub=publications Guide to the Making of Federal Acts and Regulations] | + | *[http://www.pco-bcp.gc.ca/index.asp?doc=legislation/table_e.htm&lang=eng&page=information&sub=publications Guide to the Making of Federal Acts and Regulations] |
− | * [http://www.ceaa-acee.gc.ca/default.asp?lang=En&n=B3186435-1 The Cabinet Directive on Environmental Assessment of Policy, Plan and Program Proposals] | + | *[http://www.ceaa-acee.gc.ca/default.asp?lang=En&n=B3186435-1 The Cabinet Directive on Environmental Assessment of Policy, Plan and Program Proposals] |
− | * [http://www.pco-bcp.gc.ca/index.asp?lang=eng&page=information&sub=publications&doc=legislation/cabdir-dircab-eng.htm Guide to Making Federal Acts and Regulations: Cabinet Directive on Law-Making] | + | *[http://www.pco-bcp.gc.ca/index.asp?lang=eng&page=information&sub=publications&doc=legislation/cabdir-dircab-eng.htm Guide to Making Federal Acts and Regulations: Cabinet Directive on Law-Making] |
− | * [http://www.gazette.gc.ca/index-eng.html Canada Gazette] | + | *[http://www.gazette.gc.ca/index-eng.html Canada Gazette] |
− | * [http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12236 Policy on Service Standards for External Fees] | + | *[http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=12236 Policy on Service Standards for External Fees] |
− | * [http://www.scienceadvice.ca/en.aspx Council of Canadian Academies] | + | *[http://www.scienceadvice.ca/en.aspx Council of Canadian Academies] |
− | * [http://www.aadnc-aandc.gc.ca/eng/1100100014664/1100100014675 Aboriginal Consultation and Accommodation – Interim Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (February 2008)] | + | *[http://www.aadnc-aandc.gc.ca/eng/1100100014664/1100100014675 Aboriginal Consultation and Accommodation – Interim Guidelines for Federal Officials to Fulfill the Legal Duty to Consult (February 2008)] |
− | * [http://www.pco-bcp.gc.ca/index.asp?lang=eng&page=secretariats&sub=oic-ddc&doc=oic-ddc-eng.htm Privy Council Office–Orders in Council Division] | + | *[http://www.pco-bcp.gc.ca/index.asp?lang=eng&page=secretariats&sub=oic-ddc&doc=oic-ddc-eng.htm Privy Council Office–Orders in Council Division] |
− | * [http://www.pco-bcp.gc.ca/oic-ddc.asp?lang=eng&Page=secretariats Orders in Council Database] | + | *[http://www.pco-bcp.gc.ca/oic-ddc.asp?lang=eng&Page=secretariats Orders in Council Database] |
− | * [http://www.gazette.gc.ca/pi-ip/rfif-fddi-eng.html Request for Insertion in the Canada Gazette Form (PDF Document - 172 KB)] | + | *[http://www.gazette.gc.ca/pi-ip/rfif-fddi-eng.html Request for Insertion in the Canada Gazette Form (PDF Document - 172 KB)] |
− | * [http://www.gazette.gc.ca/cg-gc/lm-sp-eng.html#i1 Requirements for Publication in Canada Gazette, Part I] | + | *[http://www.gazette.gc.ca/cg-gc/lm-sp-eng.html#i1 Requirements for Publication in Canada Gazette, Part I] |
− | * [http://www2.parl.gc.ca/CommitteeBusiness/AboutCommittees.aspx?Cmte=REGS&Language=E&Mode=1&Parl=38&Ses=1&View=Chttp://www.gazette.gc.ca/pi-ip/pi-ip-eng.html Standing Joint Committee for the Scrutiny of Regulations] | + | *[http://www2.parl.gc.ca/CommitteeBusiness/AboutCommittees.aspx?Cmte=REGS&Language=E&Mode=1&Parl=38&Ses=1&View=Chttp://www.gazette.gc.ca/pi-ip/pi-ip-eng.html Standing Joint Committee for the Scrutiny of Regulations] |
− | * [http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] | + | *[http://laws-lois.justice.gc.ca/eng/acts/S-22/page-1.html Statutory Instruments Act] |
− | * [http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1509/ Statutory Instruments Regulations] | + | *[http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1509/ Statutory Instruments Regulations] |
− | * [http://www.tbs-sct.gc.ca/Pubs_pol/opepubs/TBM_162/siglist-eng.asp Treasury Board Submission Guidelines] | + | *[http://www.tbs-sct.gc.ca/Pubs_pol/opepubs/TBM_162/siglist-eng.asp Treasury Board Submission Guidelines] |
− | * [http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca00963.html Voluntary Codes Guide– What is a Voluntary Code?] | + | *[http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca00963.html Voluntary Codes Guide– What is a Voluntary Code?] |
| | | |
− | == Notes == | + | ==Notes== |
| <references /> | | <references /> |