Notice to Readers
The consultation period on this draft has now closed. We are considering all input when finalizing the draft Cabinet Directive on Regulation. Thank you for your participation.
The final stage in the regulatory lifecycle is the review and assessment of results of a regulation. Regulations are one instrument within a program, and as such, a review of a regulation’s effectiveness in contributing to results cannot be viewed in isolation of the full program’s objectives and results.
Reviewing both regulatory programs and the regulatory stock allows departments and agencies to consider impacts and burden on impacted stakeholders, while ensuring that the health, safety, security, environment and the social and economic well-being of Canadians remains protected.
7.1 Reviews of regulatory programs
Departments and agencies are responsible for evaluating the performance of their regulatory programs, and are required to adhere to the Treasury Board Policy on Results and the Treasury Board Policy on Internal Audit. Outcomes of a review of a regulatory program could inform the review of the regulatory stock.
7.2 Reviews of the regulatory stock
Departments and agencies must undertake a periodic review of their existing regulatory stock to ensure regulations continue to be appropriate and effective, achieve their intended policy objectives.
While undertaking a review, departments and agencies must examine regulations with a view to:
- Removing obsolete or spent regulations from the stock as soon as practical;
- Increasing efficiency and effectiveness;
- Mitigating unintended impacts;
- Ensuring that references to technical standards are accurate and incorporate the latest version, where appropriate;
- Identifying new regulatory cooperation opportunities;
- Reducing regulatory burden on stakeholders;
- Minimizing impacts on small business;
- Instituting other changes, as appropriate, to strengthen policy objectives and performance; and,
- Amending regulations to resolve enforcement issues identified through implementation.
Review plans for a department or agency’s regulatory stock as well as planned amendments to regulations identified as part of review processes should be published in Forward Regulatory Plans. Results of a review should inform future regulatory development, thereby continuing the regulatory life-cycle.
Departments and agencies are responsible for establishing timelines to undertake a stock review. The President of the Treasury Board has the authority to require departments and agencies to undertake specific reviews or participate in centrally-led reviews.
7.3 Standing Joint Committee for the Scrutiny of Regulations
Departments and agencies must respond to issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) in a timely manner.
The Standing Joint Committee for the Scrutiny of Regulations reviews and examines regulations amongst other things to ensure they respect the powers conferred to a regulation-making authority by an Act of Parliament and for matters of related to legal drafting. Every regulation issued is permanently referred to the Standing Joint Committee for review.
Q4. In this proposed policy update, we believe that on-going reviews or frequent reviews of the regulations on the books are necessary (see section 7.2). Are there any requirements missing? Please explain and provide suggestions for improvement.
For information, please refer to section 7.0 “Review and Results”.
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