Guide to the Federal Regulatory Development Process

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Part 2: Overview of the Federal Regulatory Development Process

The federal regulatory development process is structured so as to provide a consistent approach to making regulations across government while ensuring that the policy commitments and legal obligations of the Government of Canada are met. A structured process also ensures predictability for Canadians, institutions, and businesses affected by regulation.

Getting Started

The Cabinet Committee Operations Division, TBS-RAS, is responsible for working with and providing guidance to regulatory organizations throughout the regulatory development process. Each analyst is responsible for a specific portfolio of departments and agencies. TBS-RAS also has a Policy Division that interprets the CDSR and assists regulators by developing and publishing in-depth guides on regulatory analysis.

You should involve your TBS-RAS analyst early in the development of a regulatory proposal, preferably as soon as a decision has been made to regulate. This may be done in one of the three following ways:

• If your department or agency has a regulatory coordinator, advise this person of your regulatory initiative and ask him or her to arrange a meeting or put you in contact with the appropriate TBS-RAS portfolio analyst.
• If your department or agency does not have a regulatory coordinator, contact your TBS-RAS portfolio analyst directly.
• If you do not know the name of your TBS-RAS analyst, call
  613-943-5076 or email info@tbs-sct.gc.ca for assistance.

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 Statutory Instruments Act and the CDSR are complied with. Details on each step are provided in the following pages. In accordance with the CDSR, regulatory organizations are expected to consult Canadians and stakeholders at all stages of the regulatory process.

C.    Ongoing Performance Measurement and Evaluation of Regulatory Activities

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

Step 1: The Triage Statement

The first step in the regulatory development process is to assess the level of impact of the regulatory proposal, determine whether an exemption from pre-publication will be requested, prepare a Triage Statement, and have the statement approved by your TBS-RAS analyst. This meets the CDSR requirement for regulatory proposals to be assessed at an early stage to determine where approval processes can be streamlined and where resources should be focussed.

Submit a draft of the completed Triage Statement to your TBS-RAS analyst for review and discussion. Together, you and your analyst need to determine the level of impact of the proposed regulation, which allows time and resources to be focussed where they are most needed–on medium- and high-impact proposals.

It is also at this stage that the potential impact of a proposal on international trade will be determined. In cases where a regulating organization cannot adequately assess its pre-publication requirements in terms of international trade obligations (i.e., whether a 75-day pre-publication period is required), you are to consult with your TBS-RAS analyst, who will determine the proper course of action. TBS-RAS will consult with the Department of Foreign Affairs and International Trade as required.

Once the Triage Statement has been finalized, submit two original copies signed by the director responsible for the proposal to TBS-RAS for co-signature. One copy will then be returned to the sponsoring regulatory organization. The Triage Statement should be finalized and co-signed by the regulatory organization and TBS-RAS before proceeding to Step 2, as it will impact the level of analysis and consultation required and the format of the Regulatory Impact Analysis Statement (RIAS). A copy of the finalized triage should also be provided to the JUS Legislative Counsel when the regulatory proposal or list of regulatory drafting instructions is submitted to JUS for examination and, where relevant, drafting.

Additional information and guidance on completing the Triage Statement is provided in the Triage Statement Guide. At this stage, your TBS-RAS analyst can also provide advice and assistance as well as consider requests for exemptions from pre-publication.

Centre of Regulatory Expertise

Step 2: Analysis and Development of the Regulatory Impact Analysis Statement

The CDSR requires regulatory organizations to conduct detailed analyses (depending on the level of impact determined by the triage) and undertake thorough consultations when developing a regulatory proposal. The results of these processes are summarized and presented to decision makers and the public in the RIAS, which is published in the Canada Gazette. The RIAS provides a cogent, non-technical synthesis of information that allows the various RIAS audiences to understand the issue that is being regulated, the reason the issue is being regulated, the government's objectives, and the costs and benefits of the regulation and who will be affected, who was consulted in developing the regulation, and how the government will evaluate and measure the performance of the regulation against its stated objectives.

Performance Measurement and Evaluation of Regulation Activities

Your TBS-RAS analyst is particularly involved in the process related to the development and approval of the RIAS. Although the analyst's responsibility is to provide advice and assistance throughout the regulatory development process, the CDSR specifically tasks TBS-RAS to review regulatory proposals, challenge departments and agencies on the quality of regulatory analyses, and advise them on how to meet the CDSR's requirements (i.e., the challenge function).

Your TBS-RAS analyst will work with you to ensure that the RIAS contains sufficient and meaningful information on the impact of the proposed regulation, is written in plain language with a minimum of technical language and jargon, and is consistent with the language used in the enabling act and regulations. Your analyst may request other information that is pertinent to the proposal to develop a more complete understanding of it (e.g., risk assessment, white papers, and presentations)

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 CDSR. 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

There are two RIAS formats, i.e., templates for low and medium-high impacts, that reflect the requirements of the CDSR.

This RIAS format became a requirement for all new regulatory proposals on April 1, 2008. The templates are available on the Treasury Board of Canada Secretariat website.

As indicated in section 3.0 of the CDSR, regulatory organizations may also be required to conduct other analyses to respect other legislative and policy requirements. For assistance with the requirements of the CDSR and other analyses, please contact your TBS-RAS analyst.

Compliance with International Obligations

The CDSR requires departments and agencies to ensure compliance of their regulatory proposals with Canada's international obligations, including in the area of trade. Regulatory organizations should determine at the triage stage whether their regulatory proposal is affected by an international trade agreement to which Canada is a party (e.g., the World Trade Organization's Agreement on Technical Barriers to Trade, the Agreement on the Application of Sanitary and Phytosanitary Measures, and chapters 7 and 9 of the North American Free Trade Agreement) and include this information in the submission to the Treasury Board. For assistance in making this determination, contact the Technical Barriers and Trade Regulations Office, Foreign Affairs and International Trade Canada, at 613-944-8977.

Does Your Proposal Have Financial or Program Implications?

If your regulatory proposal has financial or program implications, it may have to meet additional requirements, such as needing a Treasury Board submission (e.g., approval of funding and terms of reference). This should be discussed with your TBS-RAS analyst as early as possible.

Such proposals will also need to be considered by Treasury Board in its dual roles as the Government of Canada's management board (Part A) and regulatory advisor (Part B).

Help Is Available

A number of resources are available to assist you in developing a regulatory proposal.

The following guidance documents can be found on the Regulatory Affairs website:

• Assessing, Selecting, and Implementing Instruments for Government Action;
• Canadian Cost-Benefit Analysis Guide: Regulatory Proposals;
• Guidelines on International Regulatory Obligations and Cooperation; and
• Guidelines for Effective Regulatory Consultations.

Other helpful resources are available and listed at the end of this document.

The Importance of Consultations

Step 3: Drafting the Regulations

You have two options for developing the text of a regulation:

• Provide JUS with drafting instructions and request that JUS Legislative Counsel develop the text; and
• Develop a draft of the proposed regulation in-house and submit the text to the JUS for examination.

Drafting Instructions

Drafting instructions are prepared in both official languages by program officials. It is important to be clear and accurate. The instructions may take various forms, such as:

• A detailed explanation of the policy that is being implemented through the proposed regulation;
• A point-form outline of the proposed regulation;
• A request to include or exclude specific words or concepts in the text; and
• A request to incorporate additional elements into an existing regulation.

When amending existing regulations, the drafting instructions should explain the purpose and expected outcome of the proposed changes. They may also include suggestions on where or how to insert new requirements, should indicate applicable jurisprudence, if any, and note any cross-references made in the regulations.

Developing Draft Text In-House

In-house drafting of a regulation is the responsibility of program officials and is done in collaboration with the organization's legal services unit. Three copies of these proposed instructions, in both official languages, are required by the JUS for examination (see Step 4). Make sure that the English and French versions of the text are equivalent. The proposed text becomes the "instructions," and the JUS Legislative Counsel will make any necessary changes to that draft text.

Other Requirements

Whether you are submitting drafting instructions or draft text, the following documents are also required by JUS:

• A draft Notice of Pre-Publication in both official languages (unless the regulation is exempted from pre-publication);
• A draft RIAS in both official languages;
• a copy of the finalized Triage Statement co-signed by the regulatory organization and TBS-RAS; and
• Any documentation that may have been exchanged with the Standing Joint Committee for the Scrutiny of Regulations respecting the regulation in question.

These documents may be submitted electronically or in paper form. If submitted in paper form, two copies of each document are required.

You should also advise the JUS Legislative Counsel about any legal issue(s) that may arise from the proposed regulation, inform it of any legal opinions that have been obtained in relation to the issue, and refer to the applicable jurisprudence.

Regulatory Proposals as Confidences of the Queen's Privy Council (Cabinet Confidences)

Step 4: Examination by the Department of Justice Canada Legislative Counsel and Stamping

Pursuant to subsection 3(2) of the Statutory Instruments Act, the Clerk of the Privy Council, in consultation with the deputy minister of JUS (in practice, this responsibility is delegated to the JUS Legislative Counsel) conducts a legal examination of all proposed regulations to ensure that the following:

• The regulation is authorized by the enabling act.
• The regulation does not constitute an unusual or unexpected use of the authority under which it is to be made.
• The regulation does not trespass unduly on existing rights and freedoms and is not inconsistent with the Charter of Rights and Freedoms or with the Constitution Act, 1982.
• The form and drafting of the regulation is in accordance with established standards.
• The text is also reviewed by other specialists (revisors, jurilinguists, and bijurists).

JUS examination occurs either after a draft text is submitted by a regulatory organization, in which case JUS will re-draft sections that do not meet accepted standards or while the text is being drafted by JUS.

Once the examination is completed, the JUS Legislative Counsel issues a discussion draft to the sponsoring regulatory organization. The discussion draft incorporates any changes that may have been necessary as a result of the legal examination. The regulatory organization then undertakes a final review of the text and confirms that it reflects the relevant policy.

Request for Stamped Copies

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 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 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

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.

The Treasury Board meets on a weekly basis when Parliament is in session and as required at other times of the year (e.g., during the summer recess). Deadline dates are adjusted (postponed) to account for holidays during this period. Proposals received after the deadline will be placed on the agenda for the following Treasury Board meeting. To be considered, proposals must be complete and comply with the analytical requirements of the CDSR.

Requests for urgent consideration of proposals received after the deadline require a letter from the sponsoring minister to the President of the Treasury Board justifying the urgency and indicating the reason for the lateness of the proposal. Before submitting such a letter, please consult with your TBS-RAS analyst, who can provide guidance on the drafting of the letter. When finalized, the letter (signed by the minister) should be included as part of the regulatory submission or, if the submission has already been sent, the letter should be delivered to the attention of the Assistant Clerk of the Privy Council (OIC) by a departmental official, by secure messenger, or by secure fax to 613-957-5773. If sent by secure fax, the original letter must follow by a departmental official or secure messenger.

Consistent with established Treasury Board practice, and as is the case with all proposals scheduled for consideration, the consideration of urgent proposals will be at the discretion of the President.

The checklist below identifies the documents that are to be sent to the Assistant Clerk of the Privy Council. Unless otherwise specified (see templates in Part IV of this Guide), all documents are required in both official languages and must be prepared as separate versions rather than in a side-by-side format.

Upon receipt of a signed submission, PCO-OIC will verify that:

• The proposed regulation is under the authority of the GIC.
• All the required documents have been submitted and bear the correct signatures.
• The proposed regulation has been stamped.
• The RIAS and Request for Insertion in the Canada Gazette
  (Form PWGSC-TPSGC 3105-1)have been signed by the correct person.

PCO-OIC will then forward a copy of the submission to TBS-RAS for review and preparation of a briefing note for Treasury Board ministers. If any questions arise, your TBS-RAS analyst may contact the official named in the RIAS or the departmental regulatory coordinator.

Step 6: Treasury Board Meeting and Decision

TBS-RAS is responsible for briefing Treasury Board ministers on regulatory proposals. Officials of the regulatory organization (preferably at the level of assistant deputy minister (ADM) but no lower than the director level) are sometimes required to be available during the meeting to provide additional information. TBS-RAS will inform you when this is the case, and TBS-RAS will advise as to the time and place of the meeting, which is a Cabinet confidence.

The Treasury Board, as a Cabinet committee, may make any of the following decisions:

• Approve or reject pre-publication of the proposed regulation;
• Approve or reject requests for exemptions from pre-publication;
• Send the item to Cabinet or one of its other committees for consideration;
• Refer the matter back to the responsible minister for further consideration and information; and
• Defer the item to another meeting.

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

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.

The proposed regulation and the RIAS are then pre-published in the Canada Gazette, Part I. Additional details about this process (e.g., publication requirements, publication deadlines, insertion rates, and the Request for Insertion) are available from the Canada Gazette.

It is through publication in Part I that the government includes Canadians in the regulatory process. Pre-publication gives all Canadians a chance to submit their comments about a proposed regulation before it is made. (The name and contact information of the person to whom comments should be sent is provided in the RIAS.)

The standard period for pre-publication in the Canada Gazette, Part I, is 30 days, unless the following takes place:

• Another period is specified by the enabling act.
• Treasury Board ministers agree to a different pre-publication period.
• The proposed regulation affects international trade, in which case a pre-publication period of at least 75 days is required in order for Canada to fulfill its obligation of notification under various trade agreements.

A regulatory organization may decide, at its discretion, to extend the pre-publication period. (This may be done, for example, if key stakeholders require additional time to review and comment on the proposed regulation). In this case, a notice should be placed in the Canada Gazette, Part I, announcing the extension and explaining the reason(s). An explanation of the extension should also be included in the RIAS when the final approved regulations are published in the Canada Gazette, Part II.

Extra Editions

A new edition of the Canada Gazette, Part I, is published every Saturday, which gives regulatory organizations ample opportunity for timely pre-publication of their regulatory proposals. In exceptional circumstances, however, a proposed regulation may be pre-published in an extra edition of the Canada Gazette to allow the proposed regulation to be made public in advance of the normal schedule. A decision on whether this is appropriate and feasible will be made, on a case-by-case basis, by the Canada Gazette Directorate and PCO.

Please note that the insertion rate is higher for extra editions. Special arrangements should be made, well in advance of the publication date, with the manager, Editing Services, by telephone at 613-996-1239 or by email at ncr.gazette@pwgsc.gc.ca.

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).

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

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.

Step 8: Post-Pre-Publication Analysis

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

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

If changes are required to the proposed regulation, the JUS Legislative Counsel will examine them (based on re-drafting instructions provided by the regulatory organization) in accordance with section 3 of the Statutory Instruments Act and make those changes that are appropriate. In addition to public and stakeholder comments, any changes that may have occurred, domestically or internationally, that could affect the wording or intent of the proposed regulation should be considered.

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

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

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 Statutory Instruments Act, for publication in Part II of the Canada Gazette.

The regulatory organization is responsible for ensuring that the authority to make the regulation has not been amended or removed in the meantime.

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

Is a Second Pre-Publication Required?

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.

PCO-OIC will only accept documents that bear the correct signatures and have a stamped regulation. PCO-OIC will forward a copy of the regulatory proposal to TBS-RAS.

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.

Similar to proposals seeking pre-publication, TBS-RAS briefs Treasury Board ministers on submissions seeking final approval. The ministers will consider the results of pre-publication along with other information in the regulatory submission and will decide whether to recommend that the Governor General make the regulations as presented in their final form.

If the Treasury Board does not agree to recommend the making of a regulation, it may do the following:

• Request a second pre-publication;
• 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
• 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.

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

Registration

Section 5 of the 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.

To register a regulation, PCO-OIC records the title of the regulation, the title of the regulatory organization making the regulation, the legislative or other provision under which it is made, the date it is made, and the date of registration. The regulation is also assigned a number, preceded by the acronym SOR, which stands for statutory orders and regulations, or SI, which stands for statutory instruments.

Certain classes of regulations may be exempted from registration under section 7 of the 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

Regulations that must be registered generally come into force at midnight on the date of registration provided for in section 6 of the Statutory Instruments Act or on a day after registration that is specified in the regulations.

However, a regulation may come into force on a day that is up to seven days before its registration (but not earlier than the day it is made) if the day of coming into force is specified in the regulation and the reasons it is not practical to come into force on registration are provided to the Clerk of the Privy Council.

A regulation can take effect before it is made (i.e., be retroactive) only if the enabling act clearly authorizes the retroactivity and the text of the regulation specifies the date.

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

Section 11 of the Statutory Instrument 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).

Failure to publish a regulation does not make it invalid but does prevent the punishment of contraventions of the regulation. This is because the constitutional principle of the rule of law requires that the terms of a law must be knowable.

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

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 Orders in Council Database.

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 Statutory Instruments Act, the 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 Statutory Instruments Act, the Committee can scrutinize any statutory instrument made on or after December 31, 1971. 

Composed of eight senators and a proportionate number of members of the House of Commons, the Committee has the same powers that other standing committees have. It may sit while the House is sitting and when the House stands adjourned; send for persons, papers and records; print papers and evidence; and delegate to a subcommittee all or any of its powers (except the power to report directly to the House). It may also table reports in the House and request government responses to them. In addition, the Committee has the power to initiate the revocation of a regulation.

The Committee reviews all statutory instruments referred to it on the basis of 13 criteria, such as conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights; compliance with the Statutory Instruments Act with respect to transmission, registration, or publication; and unusual or unexpected use of the powers conferred by the enabling legislation.

More information on the Standing Joint Committee for the Scrutiny of Regulation is available in section 17 of the House of Commons Procedure and Practice Online.

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