Cabinet Directive on Regulation  
From Treasury Board of Canada Secretariat  
On this page  
 1.0 Purpose  
 2.0 Scope of application  
 3.0 Guiding principles of federal regulatory policy  
 4.0 The r egulatory life cycle approach  
 5.0 Development of regulations  
 6.0 Regulatory management  
 7.0 Review and results  
 8.0 Supporting policies  
 9.0 Coming into force  
 Appendix: roles and responsibilities  
1.0 Purpose  
The Cabinet Directive on Regulation (the directive) sets out the Government of 
Canada’s expectations and requirements in the development, management, and review 
of federal regulations.  
Under the Statutory Instruments Act, regulations are statutory instruments that are 
established pursuant to legislative powers conferred  under an act of Parliament that 
may result in the imposition of legal sanctions if they are contravened.  
They are used by government as an instrument for mandating or enabling particular 
behaviours or outcomes in order to achieve public policy objectives.  
2.0 Scope of application  
This directive applies to all regulations that are or will be registered as such under 
section 6 of the Statutory Instruments Act, made by or with the approval of the Governor 
in Council, the Treasury Board, or a minister of the Crown. Regulation -making 
authorities in respect of all other regulations are strongly encouraged to follow and apply 
this directive to the greatest extent possible.  
3.0 Guiding principles of federal regulatory policy   
 
 It is the duty of the Government of Can ada to respect Parliament and the authorities 
granted by Parliament, as expressed in legislation; and to ensure that regulations result 
in the greatest overall benefits to current and future generations of Canadians. In 
fulfilling this duty, departments an d agencies are to be guided by four principles:  
1. Regulations protect and advance the public interest and support good 
government:  Regulations are justified by a clear rationale in terms of protecting 
the health, safety, security, social and economic well -being of Canadians, and 
the environment.  
2. The regulatory process is modern, open, and transparent:  Regulations, and 
their related activities, are accessible and understandable, and are created, 
maintained, and reviewed in an open, transparent, and inclusive w ay that 
meaningfully engages the public and stakeholders, including Indigenous peoples, 
early on.  
3. Regulatory decision -making is evidence -based:  Proposals and decisions are 
based on evidence, robust analysis of costs and benefits, and the assessment of 
risk, while being open to public scrutiny.  
4. Regulations support a fair and competitive economy:  Regulations should aim 
to support and promote inclusive economic growth, entrepreneurship, and 
innovation for the benefit of Canadians and businesses. Opportunities for 
regulatory cooperation and the development of aligned regulations should be 
considered and implemented wherever possible.  
4.0 The regulatory life cycle approach  
 In this section  
o 4.1 Consultations and engagement   
 4.1.1 Stakeholder engagement  
 4.1.2 The Crown’s legal duty to consult  
o 4.2 Regulatory cooperation and regulatory alignment  
o 4.3 Coordination  
The regulatory life cycle approach requires departments and agencies to examine and 
analyze regulations through all stages of their life cycle, including:  
 the development  of regulations (section 5.0)  
 regulatory management (section 6.0)  
 review and results (section 7.0)  
During all stages of the regulatory life cycle, regulators must seek opportunities to:  
 engage stakeholders, including Indigenous peoples  
 pursue regulatory cooperation and regulatory align ment, where appropriate  
 coordinate with all levels of government to minimize cumulative and unintended 
impacts of regulations on Canadians, business, and the economy   
 
 4.1 Consultations and engagementFootnote  1 
4.1.1 Stakeholder engagement  
Departments and agencies are responsible for identi fying stakeholders impacted by 
regulations, including Indigenous peoples, and meaningfully consulting and engaging 
with them throughout the development, management, and review of regulations. In 
doing so, they should follow the Government of Canada’s polic ies and guidance for 
consultation and engagement. Departments and agencies should document comments 
received throughout the course of any consultations and make these available to the 
public upon request.  
Departments and agencies should seek opportunities to use modern, digital, accessible 
and secure platforms and tools for consultation and engagement. Communication tools 
should support meaningful and inclusive consultation and engagement, with 
consideration given to any limitations on accessibility for sta keholders, including 
Indigenous peoples.  
Departments and agencies must follow the requirements for digital government and 
communication as set out in Treasury Board policies: the Policy on Communication and 
Federal Identity, the Policy on Privacy Protectio n, and the Policy on Official Languages, 
as well as their related directives and guidelines.  
4.1.2 The Crown’s legal duty to consult  
Where proposed regulations have the potential to adversely impact potential or 
established Aboriginal or treaty rights of t he Aboriginal peoples of Canada under 
section  35 of the Constitution Act,  1982, departments and agencies must satisfy the 
Crown’s duty to consult and, where appropriate, accommodate those rights.  
4.2 Regulatory cooperation and regulatory alignment  
Departme nts and agencies are to assess opportunities for cooperation with other 
jurisdictions, domestically and internationally, on regulations and associated regulatory 
activities. This includes examining alignment of regulatory approaches and outcomes 
with key t rading partners, in order to reduce the regulatory burden on Canadian 
business, while maintaining or improving the health, safety, security, social and 
economic well -being of Canadians, and protecting the environment.  
 Regulatory cooperation is a process f or finding efficiencies across jurisdictions, 
reducing unnecessary regulatory differences, and achieving domestic policy goals, 
while aiming to facilitate trade and investment, promote economic growth and job 
creation, and increase consumer choice. A centr al pillar of regulatory cooperation is the 
maintenance or enhancement of standards of public health and safety and 
environmental protection.   
 
 Regulatory alignment occurs when there is any agreement or arrangement, coordinated 
or otherwise, which reduces or eliminates differences between independent regulatory 
systems and regulatory activities, including inspections, certification, adoption of 
standards, and product and testing approvals.  
4.3 Coordination  
Departments and agencies are responsible for working w ith each other to coordinate 
regulatory efforts within the Government of Canada when engaging with stakeholders, 
including Indigenous peoples.  
Departments and agencies should examine ways to:  
 reduce regulatory duplication  
 promote efficiencies  
 share relevant information  
 consider the cumulative impacts of regulations on stakeholders  
 reduce reporting and other administrative burdens, where possible  
5.0 Development of regulations  
 In this section  
o 5.1 Determination of regulatory approach   
 5.1.1 Issue identification  
 5.1.2 Instrument choice  
 5.1.3 Forward Regulatory Plan  
 5.1.4 Consultations prior to pre -publication  
o 5.2 Regulatory Impact Analysis   
 5.2.1 Analysis of benefits and costs  
 5.2.2 Impacts on the environment  
 5.2.3 Gender -based analysis plus (GBA+)  
 5.2.4 Minimizing burden on  business  
 5.2.5 Regulatory cooperation  
 5.2.6 Incorporation by reference  
 5.2.7 Modern treaty implications  
 5.2.8 International obligations  
 5.2.9 Implementation  
o 5.3 Regulatory Impact Analysis Statement Requirements  
o 5.4 Publication and consultation   
 5.4.1 Pre -publication and consultation  
 5.4.2 Exemption from pre -publication  
 5.4.3 Final publication  
o 5.5 Exceptional measures   
 
 At the beginning of the regulatory life cycle, departments and agencies determine the 
approach to address an issue, set objectives, undertake consultations with 
stakehold ers, including Indigenous peoples, and analyze the risks, impacts, and costs 
and benefits of a regulatory proposal, in accordance with applicable policies, guidelines, 
and good regulatory practices.  
5.1 Determination of regulatory approach  
5.1.1 Issue iden tification  
Departments and agencies are responsible for identifying public policy issues that are to 
be addressed. This includes outlining risks to health, safety, security, the economy, and 
the social and economic well -being of Canadians and the environment and 
demonstrating through the best available evidence and analysis that government 
intervention is needed.  
Where there are threats of serious or irreversible damage or harm, lack of full scientific 
certainty must not be used as a reason for postponing cost -effective measures to 
prevent harm.  
5.1.2 Instrument choice  
Departments and agencies are responsible for assessing the effectiveness and 
appropriateness of regulatory and non -regulatory instruments for achieving policy 
objectives. Departmen ts and agencies should consult with potentially affected 
stakeholders, including Indigenous peoples, as part of the instrument choice exercise. 
Departments and agencies should also demonstrate that they have considered relevant 
domestic and international b est practices as part of the instrument choice exercise. 
Where relevant best practices exist, regulators should seek to identify opportunities to 
cooperate or align, in order to avoid or reduce duplication or unnecessary burden.  
When appropriate, the resul ts of an instrument choice exercise should be included as 
part of the Regulatory Impact Analysis Statement to demonstrate through evidence and 
analysis that a regulation is the best tool to achieve the desired public policy objectives. 
The instrument choic e exercise should also begin to examine the costs and benefits of 
regulatory options to inform this decision.  
Departments and agencies should seek to design outcome, or performance -based, 
regulations when appropriate, with a view to minimizing the amount o f regulatory burden 
imposed on businesses and Canadians.  
Outcome, or performance -based, regulations specify the desired result that a regulation 
intends to achieve, rather than a prescriptive description of compliance. This type of 
regulation increases fle xibility for regulated parties as well as departments and 
agencies, and requires the regulated communities to focus on achieving specific and 
measurable outcomes.   
 
 5.1.3 Forward Regulatory Plan  
Departments and agencies should provide advance notice to stake holders, including 
Indigenous peoples, on upcoming regulatory changes over a period of 24 months so 
that they can engage in regulatory development and plan for future regulatory changes 
at the earliest opportunity. Stakeholders should be given the opportun ity to provide 
comments to departments and agencies on their Forward Regulatory Plans, once 
published, to inform the government on whether the regulatory priorities reflect the 
issues they face. Initial consultation on instrument choice should occur before  a 
proposed regulatory change is formally incorporated into a Forward Regulatory Plan. 
Forward Regulatory Plans must be updated on an annual basis to outline departments’ 
and agencies’ plans for new regulations, regulatory amendments, repeals, and stock 
reviews. Regulatory proposals should be included in a Forward Regulatory Plan before 
being pre -published in the Canada Gazette, Part I.  
5.1.4 Consultations prior to pre -publication  
During the development of a regulatory proposal, departments and agencies are  to 
consult when appropriate and engage stakeholders that may be affected, including 
Indigenous peoples and trading partners. Departments and agencies are responsible for 
determining the size and scope of the consultations or engagement. Publication in the  
Canada Gazette, Part I (that is, pre -publication), is not a substitute for early 
consultation.  
Departments and agencies should not postpone pre -publishing a proposal in the 
Canada Gazette, Part I, in the absence of a unanimity of views among stakeholders.  
Rather, engagement with stakeholders, including Indigenous peoples, on a regulatory 
proposal should be viewed as an ongoing dialogue, with consultations before pre -
publication identified as an important, but not the sole, tool to seek stakeholder input.  
5.2 Regulatory Impact Analysis  
Departments and agencies must conduct a Regulatory Impact Analysis (RIA) on all 
regulatory proposals, to support stakeholder engagement and evidence -based decision -
making. In conducting a RIA, departments and agencies will comply with relevant acts, 
regulations, and Treasury Board policies, and adhere to guidance, tools, and directives, 
and are to engage with the Regulatory Affairs Sector at the Treasury Board of Canada 
Secretariat.  
RIA is the systematic approach to the iden tification and critical assessment of the 
potential positive and negative effects and implications of a regulatory proposal for 
consideration by the public, stakeholders and the Cabinet. It is an important element of 
evidence -based decision -making.  
RIA mus t examine potential positive and negative effects of a regulatory proposal on the 
health, safety, security, social and economic well -being of Canadians, businesses, and 
on the environment. RIA should include qualitative and quantitative analysis that is  
 
 proportional to the expected impact of a regulatory proposal. Regulators must 
demonstrate that the benefits to Canadians outweigh the costs.  
Departments and agencies must conduct an early assessment, known as a triage, of a 
regulatory proposal to determine i ts expected impact level and the appropriate mix of 
analytical requirements of the following elements:  
Stakeholders  Examples of impacts considered  
Canadians   Impacts on well -being (health, safety and security; ability to make 
informed choices)  
 Impacts on consumers (cost of living, prices, quality and variety of 
goods available)  
 Income  
 Employment opportunities  
Businesses   Costs of complying with regulatory requirements (including 
administrative burden)  
 Changes in profit and revenue  
 Business opportunities, growth and innovation  
 Business sustainability  
Government   Costs to implement and administer regulatory programs 
(compliance and enforcement, outreach, data management, 
responding to events)  
 Costs and benefits for other levels of government (provincial, 
territorial, Indigenous, municipal)  
 Impacts on government revenue  
5.2.1 Analysis of benefits and costs  
Departments and agencies are to examine the potential positive and negative impacts 
of a proposed regulation and its feasible alternative options on Canadians, business, 
governments and the environment, and identify how impacts are distributed across the 
various parties. When it is not possible to quantify the benefits or costs, a rigorous 
qualitative analysis of costs or benefits in support of the reg ulatory proposal is required.  
In the regulatory context, cost -benefit analysis (CBA) is a structured approach to 
identifying and considering the economic, environmental, and social effects of a 
regulatory proposal. CBA identifies and measures the positive and negative impact of 
regulatory proposals so that decision -makers can determine the best course of action.  
5.2.2 Impacts on the environment  
Departments and agencies are to undertake an assessment of potential effects on the 
environment for each regulator y proposal, when appropriate and in accordance with the  
 
 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program 
Proposals.  
An assessment of environmental impacts involves examining the scope and nature of:  
 the likely environmental eff ects (positive or negative)  
 the need for mitigation to reduce or eliminate adverse effects or opportunities for 
enhancement  
 the likely importance of any adverse environmental effects, taking mitigation into 
account  
This helps inform the public that environ mental factors have been appropriately 
considered when decisions are made.  
5.2.3 Gender -based analysis plus (GBA+)  
Departments and agencies are to undertake an assessment of social and economic 
impacts of each regulatory proposal on diverse groups of Canad ians, in accordance 
with the Government of Canada’s commitment to implementing GBA+.  
GBA+ is an analytical tool used to help identify the impacts of government initiatives on 
diverse groups of women, men, and gender -diverse people. The “plus” acknowledges 
that GBA goes beyond sex and gender differences to consider multiple identity factors 
that intersect to make people who they are (such as race, ethnicity, religion, age, and 
mental or physical disability).  
5.2.4 Minimizing burden on business  
Departments an d agencies are to comply with the One -for-One Rule and identify and 
estimate the cost of administrative burden impacts of regulatory proposals on Canadian 
businesses, as set out in the Red Tape Reduction Act and the Red Tape Reduction 
Regulations, with a v iew to minimizing this burden to the greatest extent possible 
without compromising the health, safety and security of Canadians, the environment or 
the economy.  
Departments and agencies are to also consider the impact of proposed regulations, 
specifically on small businesses to ensure that small businesses do not unnecessarily 
bear a disproportionate burden when complying with regulations.  
5.2.5 Regulatory cooperation  
Departments and agencies are to examine the regulatory systems of relevant 
jurisdictions, such as those of domestic partners or key trading partners, particularly 
those with whom Canada has a coordinated regulatory cooperation arrangement, to 
identify potential areas for alignment or cooperation. This assessment should also 
include a review of work undertaken by international standard development 
organizations for possible incorporation by reference. Where differences in approaches  
 
 are required, departments and agencies must provide a rationale for a Canada -specific 
approach.  
A coordinated regul atory cooperation arrangement is one between Canada and another 
jurisdiction or group of jurisdictions that has been formalized in a free trade agreement 
or through some other mechanism, such as a memorandum of understanding or an 
agreement between leaders . A coordinated regulatory cooperation arrangement will 
generally have established procedures, such as terms of reference.  
5.2.6 Incorporation by reference  
Incorporation by reference can be an effective tool in achieving regulatory outcomes. 
Departments and agencies should take into account potential opportunities for 
incorporation by reference of internationally accepted standards and/or regulations or 
other appropriate instruments. Departments and agencies should explain in the 
Regulatory Impact Analysi s Statement why the technique is being used and how it 
achieves their regulatory objectives.  
When using this technique, departments and agencies must ensure that incorporated 
documents are accessible, as required by the Statutory Instruments Act, and are e asily 
understood. Departments and agencies must also ensure that constitutional language 
obligations are respected, by incorporating material in both official languages, and that 
unilingual incorporation is used only when there is a legitimate reason to do  so.  
Departments and agencies must regularly review incorporated material to ensure that 
these obligations are met and that the documents are up to date.  
5.2.7 Modern treaty implications  
Pursuant to the Cabinet Directive on the Federal Approach to Modern Treaty 
Implementation, departments and agencies must undertake an Assessment of Modern 
Treaty Implications (AMTI). The law -making authorities and rights of modern treaty 
partners and self -governing Indigenous groups must be respected when developing and 
implementing a regulatory proposal. The Government of Canada must also ensure that 
it meets its obligations under modern treaties and self -government agreements. In the 
event that modern treaty implications are identified, departments and agencies should 
engage with implicated modern treaty partners and self -governing Indigenous groups on 
the findings of the AMTI.  
5.2.8 International obligations  
Canada’s international commitments in areas such as human rights, health, safety, 
security, international trade and  the environment may need to be implemented by 
regulation, or may have implications for regulatory development, such as international 
consultation or notification requirements. Departments and agencies must ensure that 
Canada’s international commitments ar e met when carrying out their regulatory 
activities.   
 
 5.2.9 Implementation  
Departments and agencies must plan for the implementation of the regulatory proposal 
as part of their analysis. This could include the examination of the following factors:  
 implications for other jurisdictions (domestic and international)  
 timing  
 infrastructure requirements (for example, information management and 
information technology)  
 fund sources  
 compliance promotion and outreach  
 training  
 up-to-date guidance, technical doc uments, and enforcement plans  
This analysis could also include consideration of evaluation metrics.  
5.3 Regulatory Impact Analysis Statement Requirements  
Departments and agencies are to develop a Regulatory Impact Analysis Statement 
(RIAS) in accordance wi th the guidelines set out in the Policy on Regulatory 
Development.  
A RIAS is a clear, non -technical synthesis of expected impacts, based on a Regulatory 
Impact Assessment of a proposed regulation. It is published in the Canada Gazette with 
the regulatory t ext. 
5.4 Publication and consultation  
5.4.1 Pre -publication and consultation  
Departments and agencies are to submit a regulatory proposal to be considered by the 
Treasury Board (Governor in Council), or the relevant regulation -making authority, for 
pre-publication in the Canada Gazette, Part I. Pre -publication of a regulation must 
include the draft regulatory text as well as a RIAS.  
The standard comment period following pre -publication is 30 days unless otherwise 
prescribed by legislative requirement s and international obligations.  
A minimum comment period of 70 days may be required for consultations on proposals 
for new and amended technical regulations that may have a significant effect on 
international trade, consistent with Canada’s obligations un der the World Trade 
Organization’s Technical Barriers to Trade Agreement.  
5.4.2 Exemption from pre -publication   
 
 Exemptions from pre -publication requirements may be granted by the Treasury Board 
(Governor in Council), or the relevant regulation -making author ity, when there is no 
statutory requirement to pre -publish. In cases where a regulatory proposal is not pre -
published, a brief rationale for the exemption must be included in the final RIAS, as a 
best practice. Departments and agencies must consult with th e Regulatory Affairs 
Sector at the Treasury Board of Canada Secretariat if they are considering seeking an 
exemption.  
5.4.3 Final publication  
In accordance with the Statutory Instruments Act, all approved regulations must be 
published in the Canada Gazette , Part II, after they are made and registered except 
where they are exempted under section 15 of the Statutory Instruments Regulations 
(C.R.C., c.  1509).   A RIAS must be included along with all published regulations.  
5.5 Exceptional measures  
Exemptions fro m certain regulatory development requirements can be granted by the 
Treasury Board (Governor in Council), Cabinet or the relevant regulation -making 
authority in cases of:  
 serious and immediate risk to:  
o the health and safety of Canadians  
o their security  
o the environment  
o the economy  
 internal government reorganizations  
 other exceptional circumstances  
Departments and agencies must consult with the Regulatory Affairs Sector at the 
Treasury Board of Canada Secretariat if they are considering seeking an exemption f or 
an exceptional measure.  
6.0 Regulatory management  
 In this section  
o 6.1 Enhancing predictability  
o 6.2 Compliance and enforcement  
Departments and agencies are responsible  for the ongoing management of regulations 
and their associated programs and activities in order to improve the effectiveness of 
regulatory programs in setting and meeting their objectives.  
Regulatory program activities may include:   
 
  compliance and enforcem ent 
 inspections and licensing  
 compliance promotion activities and outreach  
 data gathering  
 measuring performance  
 providing clear and transparent information and service to Canadians on 
regulations and regulatory and legal responsibilities  
To encourage compliance with regulations, it is important for departments and agencies 
to provide the public and regulated communities with all relevant information on what is 
expected of them in a format that is easy to understand. Departments and agencies are 
expecte d to ensure that there are no contradictions between guidance or technical 
documents and the regulations, and that all current guidance documents are consistent 
with existing regulations.  
6.1 Enhancing predictability  
Departments and agencies are responsibl e for developing, publishing, and reviewing 
service standards for high -volume regulatory transactions that promote the timeliness of 
decision -making and provide Canadians with clear information on expectations for 
interactions and service.  
Departments and agencies are also responsible for developing and publishing 
guidelines for the public to help clarify regulatory requirements for stakeholders and 
improve information -sharing between the regulator and regulated stakeholders.  
6.2 Compliance and enforcement  
Departments and agencies are responsible for promoting the effectiveness of their 
regulations through the development and implementation of compliance and 
enforcement strategies and programs. These strategies and programs should:  
 consider the use of risk-based approaches in the design and enforcement of 
compliance strategies  
 ensure that resources are allocated to address the most significant risks  
 avoid duplication by coordinating with federal departments and agencies, as well 
as with other levels of governments, where appropriate  
 engage with the regulated communities on a proactive basis, with a view to 
improving compliance rates, as appropriate  
 provide clear and up -to-date guidance on compliance with regulations  
7.0 Review and results  
 In this section   
 
 o 7.1 Reviews of regulatory programs  
o 7.2 Reviews of the regulatory stock  
o 7.3 Standing Joint Committee for the Scrutiny of Regulations  
The final stage in the regulatory life cycle is the review and assessment of the results of 
a regulation. Regulations are onl y one instrument within a program, and as such, a 
review of the effectiveness of a regulation in contributing to results cannot be viewed in 
isolation from the full program’s objectives and results.   
Reviewing both regulatory programs and the regulatory st ock allows departments and 
agencies to consider impacts and burden on impacted stakeholders, while ensuring that 
the health, safety, security, social and economic well -being of Canadians and the 
environment remains protected.  
7.1 Reviews of regulatory prog rams  
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 regulato ry 
program could inform the review of the regulatory stock.  
7.2 Reviews of the regulatory stock  
Departments and agencies must undertake a regular review of their existing regulatory 
stock, which should include technical guidance and other associated polici es, in order to 
ensure that the regulations continue to be appropriate and effective, and achieve their 
intended policy objectives.  
While undertaking a review, departments and agencies shall examine regulations, with 
a view to:  
 removing obsolete or spent regulations from the stock as soon as practical  
 determining the effectiveness of the regulations in achieving their stated 
objectives  
 mitigating unintended impacts, such as barriers to trade or innovation  
 ensuring that references to technical standards are  accurate and, where 
appropriate, incorporate the latest version  
 demonstrating that the regulatory objectives have been achieved in a cost -
effective manner  
 identifying new opportunities to reduce regulatory burdens on stakeholders, 
including through the identification of regulatory cooperation opportunities  
 minimizing impacts on small business  
 instituting other changes, as appropriate, to strengthen policy objectives and 
performance  
 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 
on an annual basis in Forward Regulatory Plans. Results of a review should info rm 
future regulatory development, thereby continuing the regulatory life cycle.  
Departments and agencies are responsible for establishing timelines to undertake a 
regular review of stock. 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 Scrutin y of Regulations (SJCSR) in a timely manner. 
Communications with the SJCSR should be responsive and constructive. Actions 
agreed to by departments or agencies should be implemented in a timely manner.  
The SJCSR represents Parliament’s principal method of r eview of the use of its 
legislative powers. The SJCSR scrutinizes all regulations to ensure that they respect the 
enabling powers conferred on a regulation -making authority in an act of Parliament and 
for other matters, including drafting. Every statutory instrument, including regulations, is 
permanently referred to the SJCSR for review.  
8.0 Supporting policies  
The President of the Treasury Board has the authority to establish policy requirements 
in support of this directive. The Secretary of the Treasury B oard has the authority to 
update references to relevant acts, regulations, policies, guides, and tools, which are 
referred to in this directive.  
9.0 Coming into force  
This directive will come into force on September 1, 2018, and replaces the Cabinet 
Directive on Regulatory Management, dated April 1, 2012.  
Appendix: roles and responsibilities  
 In this section  
o Governor in Council  
o Departments and agencies  
o Treasury Board of Canada Secretariat   
 
 o Privy Council Office  
o Department of Justice Canada  
o Public Services and Procurement Canada  
Governor in Council  
Governor General in Council, or Governor in Council, means the Governor General of 
Canada acting by and with the advice of, or by and with the advice and consent of, or in 
conjunction with the Queen’s Privy Council for Canada.  
Since December 2003, advice to the Governor General on behalf of the Queen's Privy 
Council h as been provided by the Treasury Board.  
Treasury Board ministers consider the regulatory submission and decide whether to 
recommend that the Governor General make the regulations as presented in their final 
form.  
Departments and agencies  
Federal department s and agencies must comply with this directive and its related 
policies and guidance at all stages of the regulatory life cycle.  
When drafting enabling legislation, departments and agencies are to ensure that 
subordinate legislative instruments are subject  to the requirements of the Statutory 
Instruments Act. Regulations should be exempted from those requirements only in 
exceptional circumstances, when approved by Cabinet. Seeking to obtain an exemption 
from the Statutory Instruments Act in order to avoid t he requirements of the Cabinet 
Directive on Regulation is not justified.  
Requirements governing legislative instruments are set out in the Cabinet Directive on 
Law-Making.  
Treasury Board of Canada Secretariat  
The Treasury Board of Canada Secretariat (TBS) is responsible for supporting 
ministerial decision -making and oversight. TBS is expected to:  
 provide advice and guidance to departments and agencies concerning the 
development of regulatory proposals and compliance with this directive  
 work with departments  and agencies to provide ministers and the Cabinet 
committee responsible for Governor in Council decisions with the necessary 
information to make decisions on the issues before them  
 review regulatory proposals, challenge departments and agencies on the qua lity 
of regulatory analyses, and advise them when the directions set out in the 
directive have not been met   
 
  promote policy coherence among new proposals, existing policies, and the 
government’s policy agenda  
 be the source of expertise on good regulatory practices  
 assess the effectiveness of the directive and its implementation  
TBS is responsible for stakeholder education and awareness of the regulatory process 
and good regulatory practices. It will also maintain current policies, guidance, and tools 
in su pport of the implementation of the Cabinet Directive on Regulation.  
Privy Council Office  
The role of the Privy Council Office (PCO) is to assess memoranda to Cabinet and 
legislative proposals with regard to instrument selection, regulatory implications, an d 
consistency with this directive and with the Cabinet Directive on Law -Making. Under the 
Statutory Instruments Act, the Orders in Council Division of PCO also has a number of 
responsibilities in the regulatory process:  
 Examination:  Together with the Depar tment of Justice Canada, PCO examines 
regulations for any issues and advises the regulation -making authority.  
 Registration : Within seven days after making a regulation, the regulation -making 
authority transmits copies of the regulation in both official languages to PCO, 
which then registers them. PCO can refuse registration if it considers that certain 
sections of the Statutory Instruments Act were not followed.  
 Coming into force:  Regulations ordinarily come into force the day they are 
registered or late r, if specified in the regulation. A justification must be provided 
to PCO for those regulations that are expressed to come into force earlier than 
the day of registration.  
 Quarterly consolidated index of regulations:  PCO prepares a quarterly 
consolidated index of all regulations and amendments to regulations in force at 
any time after the end of the preceding calendar year.  
 Revisions and consolidation:  After consultation with the Deputy Minister of 
Justice, PCO can ask regulation -making authorities to revi se or consolidate 
regulations.  
Department of Justice Canada  
The Department of Justice Canada provides legal advice to departments and agencies 
on the legality of proposals for enabling and subordinate legislation as well as the legal 
requirements of the re gulatory process. In doing so, the Department of Justice Canada 
provides drafting services to departments and agencies and, under the Statutory 
Instruments Act, examines all proposed regulations to ascertain whether they:  
 have the necessary legal authority  to be made  
 are inconsistent with the Canadian Charter of Rights and Freedoms and the 
Canadian Bill of Rights, 1960   
 
  do not constitute an unusual or unexpected use of the enabling authority  
 are drafted in accordance with established standards  
The Department  of Justice Canada also provides departments and agencies with legal 
tools and advice on the appropriate use of government instruments, regulatory 
techniques, international standards, and compliance and enforcement techniques.  
The Department of Justice Can ada and Global Affairs Canada are responsible for 
advising on the effect of Canada’s international legal obligations, including their 
implementation in domestic law. The Trade Law Bureau, a joint unit of the Department 
of Justice Canada and Global Affairs Canada, is responsible for advising departments 
and agencies on Canada’s trade law obligations.  
Public Services and Procurement Canada  
The Canada Gazette Directorate of Public Services and Procurement Canada is 
responsible for publishing the Canada Gazette, the official newspaper of the 
Government of Canada for formal public notices, official appointments, proposed 
regulations, regulations, and public acts of Parliament. It is published under the 
authority of the Statutory Instruments Act and the Sta tutory Instruments Regulations.  
The Canada Gazette serves as a consultative tool between the Government of Canada 
and Canadians. It gives Canadians the opportunity to provide their comments on the 
proposed regulations published in the Canada Gazette, Part I. Anyone who may be 
affected by the proposed regulations can also request background information from the 
issuing department. The Canada Gazette Directorate is responsible for ensuring that 
the publication process is rigorous and for ensuring that strict deadlines are met for the 
publication of laws, regulations, and other statutory instruments.  
Footnotes  
Footnote 1  
Stakeholder engagement provides opportunities to ensure that the issues and 
concerns of stakeholders and regulators are consistently understood and 
considered.  
 
© Her Majesty the Queen in Right of Canada, represented by the President of the Treasury 
Board, 2018,  
ISBN: 978 -0-660-27020 -3