Treasury Board of Canada Secretariat
www.tbs-sct.gc.ca
Guide to the Federal Regulatory Development Process
Part 5: Treasury Board Submissions and Governor in Council Proposals
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:
- Allocate resources previously approved by Cabinet or included in a federal budget;
- 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;
- Enter into a contract above or outside a federal organization's or minister's authority; and
- 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.
Departments and agencies should consult the TBS Program Sectors at the earliest possible opportunity to determine whether a given initiative requires a Treasury Board submission. TBS may recommend that the sponsoring organization prepare a submission even if there is no explicit requirement to do so.
Expectations about the quality of submissions are addressed in the Management Accountability Framework. Detailed information on how to prepare a Treasury Board submission can be found in the Guide to Preparing Treasury Board Submissions.
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
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:
Submission and Cabinet Document Centre
Treasury Board of Canada Secretariat
8th Floor, East Tower
140 O'Connor Street
Ottawa ON K1A 0R5
Treasury Board submissions are Cabinet confidences and must be delivered by a departmental official or secure messenger.
The Submission and Cabinet Document Centre will forward a copy of the submissions to the Assistant Clerk of the Privy Council. Stamped copies and original documents for the regulatory proposal should not be stapled or hole-punched.
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
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 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.
