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The Government of Canada is committed to protecting and advancing the public interest by working with Canadians and other governments to ensure that its regulatory activities result in the greatest overall benefit to current and future generations of Canadians.
When regulating, the federal government will:
Regulation is an important tool for protecting the health and safety of Canadians, preserving the environment, and securing the conditions for an innovative and prosperous economy. Regulations are a form of law-they have binding legal effect and usually set out rules that apply generally, rather than to specific persons or situations.
Often referred to as "delegated" or "subordinate legislation," regulations are made by persons to whom or bodies to which Parliament has delegated authority, such as Cabinet (the Governor in Council), a minister, or an administrative agency. Authority to make regulations must be expressly delegated through enabling legislation.
When drafting enabling legislation, departments and agencies are to ensure that subordinate legislative instruments, including regulations, are subject to the requirements of the Statutory Instruments Act. Regulations and other such instruments should not be exempted from these requirements except in exceptional circumstances, when approved by Cabinet.
For more information on the requirements governing legislative instruments, see the Cabinet Directive on Law-making.
The Cabinet Directive on Streamlining Regulation applies to all departments and agencies involved in the federal regulatory process. Government officials are responsible for abiding by the Directive at all stages of the regulatory lifecycle-development, implementation, evaluation, and review.
This directive is supported by a series of frameworks and documents that provide detailed guidance for government officials on the regulatory process. These frameworks can be found at http://www.regulation.gc.ca.
When regulating, departments and agencies are responsible for ensuring that relevant legislation and directions from Cabinet and the Treasury Board are followed, including the following:
A review of the Directive will be conducted within five years of its coming into force. Accordingly, the Regulatory Affairs Sector of the Treasury Board of Canada Secretariat (Regulatory Affairs) will work with departments and agencies to develop a performance measurement and evaluation strategy and to monitor the implementation of the Directive. In addition, departments and agencies are expected to submit a report to their senior management and Regulatory Affairs on how they have met the commitments and directions set out here. It is expected that the review of the Directive will include the involvement of interested Canadians.
In consultation with Regulatory Affairs, departments and agencies will assess regulatory proposals at an early stage to determine where approval processes can be streamlined and where resources should be focussed. The following factors will be considered in this assessment:
Emergency situations-when there is an immediate and serious risk to the health and safety of Canadians, their security, the economy, or the environment-may require an expedited process. In these cases, departments and agencies will work with Regulatory Affairs to proceed in a manner that most effectively protects the public interest.
Departments and agencies are responsible for identifying interested and affected parties, and for providing them with opportunities to take part in open, meaningful, and balanced consultations at all stages of the regulatory process.
When undertaking consultations, departments and agencies are to:
Departments and agencies are also to work with First Nations, Inuit, and Métis communities and peoples; national, regional, and local Aboriginal organizations; and Aboriginal governments and ensure that they meet all obligations that may exist in relation to rights protected by section 35 of the Constitution Act, 1982.
Departments and agencies are to publish proposals in the Canada Gazette, Part I, to allow for a public comment period and to then take the comments received into consideration. The standard comment period is 30 days, but it can vary based on legislative requirements, international obligations, and other considerations. A minimum comment period of 75 days is required for proposals for new and changed technical regulations that may affect international trade.
Departments and agencies should note that publishing proposed regulations in the Canada Gazette is not a substitute for meaningful consultations on the development of regulatory proposals. Cabinet may exempt proposals from publication in Part I of the Canada Gazette.
Departments and agencies are responsible for assessing public policy issues, including potential risks, and demonstrating through the best available evidence and knowledge that government intervention is needed.
When assessing and documenting public policy issues, departments and agencies are to:
Best Practice: For significant proposals, departments and agencies are encouraged to seek independent review of risk assessments. Departments and agencies can use science advisory boards or other existing mechanisms for this review. |
When there is a risk of serious or irreversible harm, the government recognizes that the absence of full scientific certainty shall not be used as a reason for postponing decisions to protect the health and safety of Canadians, the environment, or the conservation of natural resources. For guidance on the application of precaution, departments and agencies should consult A Framework for the Application of Precaution in Science-based Decision Making about Risk.
Once policy issues have been assessed and it is determined that government intervention is required, departments and agencies are responsible for setting public policy objectives that outline tangible outcomes for Canadians. Departments and agencies are to:
Selecting the appropriate mix of government instruments
Departments and agencies are responsible for assessing the effectiveness and appropriateness of regulatory and non-regulatory instruments for achieving policy objectives.
Departments and agencies are to:
Best Practice: Departments and agencies are encouraged to use standardization tools and approaches offered by Canada's National Standards System (NSS). This network provides internationally accepted best practices and test methods, improves market entry and acceptance, and reduces the need for multiple testing or repetitive certification. For more information, please see http://www.scc.ca/en/nss/index.shtml. Regulators may also wish to check RegWatch, a search tool that identifies Canadian and international standards referenced in Canadian laws and regulations. Please visit https://alert.scc.ca/rwh/basic_e.jsp. |
When designing regulations, departments and agencies are responsible, with assistance from the Department of Justice Canada, for assessing the legal implications of the proposal and for ensuring that it is legally sound.
Departments and agencies are therefore expected to take measures to ensure that regulations are:
Compliance with international obligations
Departments and agencies are to respect Canada's international obligations in such areas as human rights, health, safety, security, international trade, and the environment. They must also implement provisions related to these obligations in all stages of regulatory activity.
To ensure the compliance of regulatory proposals, departments and agencies should seek the advice and assistance of:
For more information on requirements related to Canada's international trade obligations for the design and implementation of technical regulations, conformity assessment procedures, and sanitary and phytosanitary measures, departments and agencies should refer to Appendix B of this document. |
Coordinating across the Government of Canada
Federal departments and agencies are responsible for working together to develop and implement regulations to maximize effectiveness and minimize the cumulative and unintended impacts on Canadians and the economy. To do so, departments and agencies are to:
Best practice: Departments and agencies are encouraged to apply service-oriented approaches to the administration of regulatory programs. Coordinated approaches, such as single-window service delivery, can reduce the administrative burden and improve compliance. For more information, please see the Institute for Citizen-Centred Service website at http://www.iccs-isac.org. |
Cooperating with provincial and territorial governments
Departments and agencies are responsible for cooperating with provincial and territorial governments in the development and implementation of regulation. Departments and agencies are to:
International cooperation
Departments and agencies are to take advantage of opportunities for cooperation, either bilaterally or through multilateral fora, by:
Analyzing the benefits and costs of regulation
When determining whether and how to regulate, departments and agencies are responsible for assessing the costs and benefits of regulatory and non-regulatory measures, including government inaction. This analysis should include quantitative measures and, when costs and benefits are difficult to quantify, qualitative measures. The analysis of these impacts provides useful information to decision makers, even when economic efficiency is not the only or the overriding public policy objective.
When assessing options to maximize net benefits, departments and agencies are to:
Best Practice: To improve accountability and transparency, departments and agencies should prepare an accounting statement to report on the quantifiable and non-quantifiable costs and benefits of significant proposals. |
When developing the option that maximizes net benefits, departments and agencies are to:
Departments and agencies should consult the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals for further guidance on conducting environmental impact assessments. |
Departments and agencies are responsible for putting in place the processes to implement regulatory programs and to manage human and financial resources effectively, including:
Departments and agencies should consult the relevant Treasury Board policies for further guidance on the development and evaluation of service standards. |
Planning for compliance and enforcement
Departments and agencies are responsible for promoting regulatory effectiveness by developing and implementing compliance and enforcement strategies. These strategies are to:
Departments and agencies are responsible for ensuring that regulation continually meets its initial policy objectives and for renewing regulatory frameworks on an ongoing basis.
Measuring and reporting on performance
Departments and agencies are to:
Evaluating regulatory programs
Departments and agencies are to evaluate their regulatory programs according to the time frames and cycle established in the Treasury Board Policy on Evaluation to demonstrate results for Canadians. Subject to the impacts and complexity of the regulatory programs, departments and agencies are to assess the following areas, when appropriate:
Reviewing regulatory frameworks
Departments and agencies are to regularly assess the results of performance measurement and evaluation to identify regulatory frameworks in need of renewal. Once identified, departments and agencies are to examine the regulation with a focus on:
Planning, priority- and timeline-setting, and the measuring and reporting of outcomes of regulatory review should be determined by departments and agencies in collaboration with affected parties.
Departments and agencies are to:
Treasury Board of Canada Secretariat-Public Enquiries
Telephone: 1-877-636-0656
Email: info@tbs-sct.gc.ca
Website: http://www.regulation.gc.ca
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