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2000 December Report of the Auditor General of Canada

December 2000 Report—Chapter 24

Exhibit 24.2—Major Steps and Responsibilities in the Making of Federal Regulations

Responsibility

Step

Minister and Department

Scrutinize the need for each proposed regulation.

Minister and Department

Consult stakeholders, assess risks, assess alternatives to regulation, assess cost and benefits, prepare compliance and enforcement plan, and prepare the regulatory impact analysis statement.

Department of Justice

Reviews the proposed regulation to ensure a sound legal basis, and respect for the Canadian Charter of Rights and Freedoms and the Statutory Instruments Act.

Minister

Formally recommends to the Governor in Council the pre-publication of the proposed regulation.

Privy Council Office

Reviews the proposed regulation for consistency with the federal regulatory policy and broader government initiatives. Prepares information on the proposed regulation for the Special Committee of Council.

Special Committee of Council

Reviews the proposed regulation. If approved, the regulation is pre-published in the Canada Gazette for at least 30 days, allowing for scrutiny and comment.

Parliament and stakeholders

Review the proposed regulation.

Minister and Department

Collect, review and assess comments on the proposed regulation. If needed, repeat previous steps in process (e.g., scrutinize the need for the regulation).

Privy Council Office

Reviews the documents that contain stakeholder comments on the proposed regulation and the departmental response to the comments. Prepares information for the Special Committee of Council.

Special Committee of Council

Reviews the proposed regulation and makes a final recommendation to the Governor in Council on whether to approve the regulation.

Governor General

Signs the regulation, which is then registered with the Registrar of Statutory Instruments. The regulation comes into force as soon as it is registered within seven days of final approval. It can only be enforced once it has been published in the Canada Gazette, Part II, within 23 days of registration.

Standing Joint Committee for the Scrutiny of Regulations

Reviews the new regulation, reports to Parliament on problems it may contain and proposes, if necessary, that it be repealed.

 

Source: Government Regulatory Process Management Standards: Compliance Guide