Guide to the Federal Regulatory Development Process

Part 6: Miscellaneous Amendments Regulations

Description

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:

It uses a low-impact RIAS, which is a simplified RIAS.
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).

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.

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

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;
Typographical errors, archaisms, anomalies, and numbering errors;
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Obsolete regulations (i.e., regulations that are outdated but still legally enforceable); and
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.

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:

The low-impact RIAS template must be completed.
The minister or agency head does not have to sign the RIAS.
No communications plan is required.
No pre-publication is necessary.
The words "Miscellaneous Amendments Regulation" must appear in the title of the MAR.

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).

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

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.

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.

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