WORLD TRADE  
ORGANIZATION  G/TBT/2/Add.6/Rev.2 
4 July 2007 
 (07-2854) 
Committee on Technical Barriers to Trade Original:   English/ 
 French 
 
 
  
IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT ON  
TECHNICAL BARRIERS TO TRADE 
 
Communication from Canada
 
 
Revision  
  
 The following updated Statement under Article 15.2 of the Agreement has been received from 
the delegation of Canada
. 
 
______________ 
  
1. The Department of Foreign Affairs and Intern ational Trade retains overall responsibility on 
behalf of the Government of Canada for the implementation of the WTO Agreement on Technical 
Barriers to Trade. Representations concerning Canadian implementation of the Agreement and 
requests for consultation should be directed to: 
Department of Foreign Affairs and International Trade 
Technical Barriers and Regulations Division 
125 Sussex Drive 
Ottawa, Ontario 
Canada  K1A 0G2 
Tel.:  + (613) 944-0417 
Fax.:  (613) 943-0346 
Email: tbt@international.gc.ca 
 2. Under Canada’s federal constitu tional system, governmental po wers (legislative, executive 
and judicial) relating to technical regulations are shared among federal government and provincial 
governments. 
3. Federal regulatory activity is governed by the Cabinet Directive on Streamlining Regulation 
(the Directive)  which came into effect on 1 April 2007 and replaces the previous Government of 
Canada Regulatory Policy 1999 .  The Directive applies to all departments and agencies involved in 
the federal regulatory process.  
4. The Treasury Board of Canada Secretariat (TBS) is responsible for ensuring that the analysis 
that departments and agencies provide on policy a nd regulatory proposals is consistent with the 
commitments and directions set out in the Directive  and that the analysis effectively supports 
ministerial decision making. TBS is also res ponsible for promoting policy coherence among new 
proposals, existing policies, and the government's  policy agenda.  This information can include, inter 
alia, if regulation will have an impact on trade and international agreements. Approval by the G/TBT/2/Add.6/Rev.2 
Page 2  
  appropriate authority, and final publication in the Canada Gazette  are required before federal 
regulations can be given legal force.  
5. The Directive  promotes transparency and openness and applies to all stages of the regulatory 
lifecycle – development, implementation, evaluation, a nd review.  It is designed to ensure that the use 
of the government’s regulatory powers results in the greatest overall benefit to current and future 
generations of Canadians.  Notably, regulato ry departments and agencies are required to: 
 
• assess public policy issues, including potential risks, and demonstrate through the best 
available evidence and knowledge that government intervention is needed; 
• assess the costs and benefits of regulator y and non-regulatory measures, including 
government inaction; 
• identify interested and affected parties, and provide them with  opportunities to take part in 
open, meaningful, and balanced consultations  at all stages of the regulatory process; 
• respect Canada's international obligations in such areas as human rights, health, safety, 
security, international trade, and the environment, including those set out under the Technical Barriers to Trade (TBT) Agreement. They must implement provisions related to these 
obligations in all stages of regulatory activity; 
• take advantage of opportunities fo r cooperation, either bilatera lly or through multilateral fora. 
This includes limiting the number of specific Ca nadian regulatory requirements or approaches 
to instances when they are wa rranted by specific Canadian circumstances and when they 
result over time in the greatest overall benefit to Canadians; and identifying the rationale for 
their approach, particularly when speci fic Canadian requirements are proposed; 
• specify, particularly for technical regulations , regulatory requirements in terms of their 
performance rather than their design or descriptive characteristics;   
• treat regulated parties and products from one ju risdiction no less favourably than those from 
other jurisdictions when assessing conformity to  technical regulatory requirements, providing 
they are in comparable situations;  
• use available international standards, gui delines, and recommendations as the basis for 
technical regulations and for conformity assessme nt procedures where they fulfil the intended 
policy objective 
• limit the number of specific Canadian regulatory requirements or approaches to instances 
when they are warranted by specific Canadian circumstances and when they result over time 
in the greatest overall benefit to Canadians; 
• identify the rationale for their approach, partic ularly when specific Canadian requirements are 
proposed; and 
• ensure that regulation continually meets its initial policy objectives. 
 6. Government officials are responsible for abid ing by the Directive at all stages of the 
regulatory lifecycle – development, implementati on, evaluation, and review.  In particular, 
consultations with interested and affected par ties throughout the lifecycle of regulations are a 
mandatory provision of the Directive.  
7. The Directive  explicitly requires that proposals for new or changed technical regulations that 
affect trade be officially notified for a period of at  least 75 days.  The notifi cation is pre-published in 
the Canada Gazette , Canada’s official instrument fo r making government matters public. The 
provision of a 75-day comment period is also meant to ensure that Canada meets its international 
obligations (e.g. 60-day comment peri od recommended by the TBT Committee).  
8. Regulatory Impact Analysis Statement (RIAS) remains a key element of Canada’s regulatory 
policy.  The RIAS must be published in the Part  I of the Canada Gazette for public review and 
comment.  The RIAS summarises the analysis used by  the regulatory authority to determine the need 
to regulate.  For example, a RIAS can include a be nefit/cost analysis and an overview of the groups  G/TBT/2/Add.6/Rev.2 
 Page 3 
 
  consulted and their views, to convey the anticip ated impacts of the proposal. Comments received 
during this period are then summarised and address ed through a revised RIAS seeking final approval 
of the regulation.  Upon approval,  the regulations are registered and the RIAS and regulations are 
published in Part II of the Canada Gazette to ensure the public is aware of the new law and the date on 
which it comes into force. 
9. The Government of Canada recognises the Standards Council of Canada as the national 
accreditation and standardisation body.  The Sta ndards Council accredits a range of conformity 
assessment bodies, including testing and calibra tion laboratories, certification bodies, quality 
registration organisations, as well as auditor course providers and certifiers.  The Standards Council 
also oversees the efforts of the National Sta ndard System, which includes organizations and 
individuals involved in voluntary standards devel opment in Canada.  Departments and agencies are 
encouraged to use standardization tools and appro aches offered by the National Standards System as 
the basis for regulations.  In 1999, the Standard s Council adopted Annex 3 of  the TBT Agreement and 
has since notified the work programmes of the four  standards development organisations accredited 
by the Standards Council. 
10. The Department of Foreign Affairs and Intern ational Trade has an administrative agreement 
with the Standards Council of Canada for th e operation of the Canadian Enquiry Point and 
Notification Authority. Principal responsibilities of  the Enquiry Point and Notification Authority 
include: responding to technical enquiries from other Members regarding domestic regulations, 
standards and conformity assessment procedures, a nd fulfilling notification obligations under the TBT 
Agreement.  The Canadian Enquiry Point and Notif ication Authority can be reached at the following 
address: 
Canadian Enquiry Point and Notification Authority 
Standards Council of Canada 
200-270 Albert Street 
Ottawa, Ontario 
Canada K1P 6N7 
Tel.: (613) 238-3222  
Fax.: (613) 569-7808  
Email:  info@scc.ca 
 
11. The Cabinet Directive on Streamlining Regulati on and its Annexes are available in English 
and French at : 
  http://www.regulation.gc.ca/cdsr-dcrr_e.pdf 
 http://www.regulation.gc.ca/cdsr-dcrr_f.pdf  
 
__________ 
 
 G/TBT/2/Add.6/Rev.2 
Page 4  
  Appendix 1 
Government of Canada Cabinet Di rective on Streamlining Regulation  
© Her Majesty the Queen in Right of Canada, 2007  
Catalogue No. BT22-110/2007; ISBN 978-0-662-49149-1 
Table of Contents 
OUR COMMITMENT TO CANADIANS ........................................................................................................5  
1.0 Introduction................................................................................................................... ............6  
2.0 Scope of Application ........................................................................................................... ......6  
3.0 Implementing the Cabinet Directive on Streamlining Regulation ..........................................6  
3.1 Regulatory Process Requirements ..............................................................................................7  
4.0 Regulatory Analysis............................................................................................................ ......7  
4.1 Regulatory consultation ........................................................................................................ ......7  
4.2 Identifying and assessing pub lic policy issues............................................................................8  
4.3 Setting public policy objectives ............................................................................................... ...8 
4.4 Selecting, designing, and as sessing regulatory responses...........................................................8  
Selecting the appropriate mix of  government instruments.......................................................................8  
Assessing legal implications ................................................................................................... .................9  
Compliance with international obligations...................................................................................... ........9  
Coordination and cooperation................................................................................................... ............10  
Analyzing the benefits and costs of regulation................................................................................. ......10  
Recommending an option......................................................................................................... ..............11  
4.5 Planning for implementation, compliance, and enforcement....................................................11  
Planning for implementation .................................................................................................... .............11  
Planning for compliance and enforcement ........................................................................................ ....12  
4.6 Measuring, evaluating, and reviewing regulation.....................................................................12  
Measuring and reporting on performance......................................................................................... ....12  
Evaluating regulatory programs................................................................................................. ...........12  
Reviewing regulatory frameworks ................................................................................................ .........12  
5.0 Responsibilities for Planning and Reporting to Canadians ................................................13  
6.0 Enquiries and Further Information ......................................................................................13  
APPENDIX  A: KEY DEPARTMENTS AND AGENCIES INVOLVED IN THE REGULATORY PROCESS ...........14  
The Treasury Board of Canada Secretariat ....................................................................................... .....14  
The Department of Justice Canada ............................................................................................... .........14  
The Privy Co uncil Office....................................................................................................... ................15  
APPENDIX  B: INTERNATIONAL TRADE OBLIGATIONS REGARDING SPECIFIC REQUIREMENTS 
FOR THE DESIGN AND IMPLEMENTATION OF TECHNICAL REGULATIONS , 
CONFORMITY ASSESSMENT PROCEDURES , AND SANITARY AND PHYTOSANITARY 
MEASURES ............................................................................................................................... .16  G/TBT/2/Add.6/Rev.2 
 Page 5 
 
  OUR COMMITMENT TO CANADIANS  
 
The Government of Canada is committed to protec ting and advancing the public interest by working 
with Canadians and other governments to ensure  that its regulatory activities result in the greatest 
overall benefit to current and future generations of Canadians .  
 
When regulating, the federal government will: 
 
• protect and advance the public interest in health, safety and security, the quality of the 
environment, and the social and economic well-bei ng of Canadians, as expressed by Parliament in 
legislation; 
• promote a fair and competitive market economy  that encourages entrepreneurship, investment, 
and innovation;  
• make decisions based on evidence and the best available knowledge and science in Canada and 
worldwide, while recognizing that the applica tion of precaution may be necessary when there is 
an absence of full scientific certainty and a risk of serious or irreversible harm; 
• create accessible, understa ndable, and responsive regulation through inclusiveness, 
transparency, accountability, and public scrutiny;  
• advance the efficiency and effectiveness of regulation by ascertaining that the benefits of 
regulation justify the costs, by focussing human  and financial resources where they can do the 
most good, and by demonstrating tangi ble results for Canadians; and  
• require timeliness, policy coherence, and minimal duplication  throughout the regulatory 
process by consulting, coordina ting, and cooperating across the federal government, with other 
governments in Canada and abroad, and with businesses and Canadians.  G/TBT/2/Add.6/Rev.2 
Page 6  
  1.0 Introduction 
Regulation is an important tool for protecting th e health and safety of Canadians, preserving the 
environment, and securing the conditions for an innovative and prosperous economy. Regulations are 
a form of law—they have binding legal effect and usually set out rules that apply generally, rather 
than to specific persons or situations.  Often referred to as “delegated” or “subordinate le gislation,” regulations are made by persons to 
whom or bodies to which Parliament has delegated authority, such as Cabinet (the Governor in 
Council), a minister, or an administrative agency. Authority to make regulations must be expressly 
delegated through enabling legislation.  When drafting enabling legislation, departments and agencies are to ensure that subordinate 
legislative instruments, including regulations, are subject to the requirements of the Statutory 
Instruments Act . Regulations and other such instruments should not be exempted from these 
requirements except in exceptional circumstances, when approved by Cabinet. For more information on the requirements governing legislative instruments, see the Cabinet 
Directive on Law-making .  
 2.0 Scope of Application 
The Cabinet Directive on Streamlining Regulation  applies to all departments and agencies involved in 
the federal regulatory process.  Government officials are responsible for abiding by the Directive at all 
stages of the regulatory lifecycle—development,  implementation, evaluation, and review.  
 
3.0 Implementing the Cabinet Directive on Streamlining Regulation  
This directive is supported by a series of framewo rks and documents that provide detailed guidance 
for government officials on the regulatory process. These frameworks can be found at http://www.regulation.gc.ca. When regulating, departments and agencies are respons ible for ensuring that relevant legislation and 
directions from Cabinet and the Treasury Boar d are followed, including the following:  
 
• Statutory Instruments Act ;  
• User Fees Act ;  
• Financial Administration Act ;  
• Cabinet Directive on Law-making ; 
• Cabinet Directive on the Environmental Assessm ent of Policy, Plan and Program Proposals ;  
• A Framework for the Application of Precaution in Science-based Decision Making about Risk ; 
and 
• A Framework for Science and Technology Advice: Principles and Guidelines for the Effective Use 
of Science and Technology Advice in Government Decision Making . 
A review of the Directive  will be conducted within five years of its coming into force. Accordingly, 
the Regulatory Affairs Sector of the Treasury Board of Canada Secretariat (Regulatory Affairs) will 
work with departments and agencies to develop a performance measurement and evaluation strategy 
and to monitor the implementation of the Direct ive. In addition, departments and agencies are 
expected to submit a report to their senior manage ment and Regulatory Affairs on how they have met 
the commitments and directions set out here. It is  expected that the review of the Directive will 
include the involvement of interested Canadians. 
  G/TBT/2/Add.6/Rev.2 
 Page 7 
 
  3.1 Regulatory Process Requirements 
In consultation with Regulatory A ffairs, departments and agencies will assess regulatory proposals at 
an early stage to determine where approval processe s can be streamlined and where resources should 
be focussed. The following factors w ill be considered in this assessment: 
 
• potential impact of the regulation on health and safety, security, the environment, and the social 
and economic well-being of Canadians;  
• cost or savings to government, business, or Cana dians and the potential impact on the Canadian 
economy and its international competitiveness;  
• potential impact on other federal departments or  agencies, other governments in Canada, or on 
Canada’s foreign affairs; and 
• degree of interest, contention, and support among affected parties and Canadians. 
Emergency situations—when there is an immediate and serious risk to the health and safety of 
Canadians, their security, the economy, or the e nvironment—may require an expedited process. In 
these cases, departments and agencies will work with  Regulatory Affairs to proceed in a manner that 
most effectively protects the public interest.  
4.0 Regulatory Analysis 
4.1 Regulatory consultation 
Departments and agencies are res ponsible for identifying interested and affected parties, and for 
providing them with opportunities to take part in open, meaningful, and balan ced consultations at all 
stages of the regulatory process.   When undertaking consultations, departments and agencies are to:  
• inform and engage Canadians on the nature and implications of the public policy issue based on 
available evidence, science, or knowledge;  
• include Canadians in developing policy objectives;  
• set out the process and timelines in a clear manne r so that affected parties can organize and 
provide input; and 
• provide timely feedback to Canadians and affect ed parties on the outcome of the consultations 
and on the priorities considered in decision making. 
Departments and agencies are also to work with  First Nations, Inuit, and Métis communities and 
peoples; national, regional, and local Aboriginal  organizations; and Aboriginal governments and 
ensure that they meet all obligations that may exist in relation to rights protected by section 35 of the 
Constitution Act, 1982 . 
 Departments and agencies are to publish proposals in the Canada Gazette , Part I, to allow for a public 
comment period and to then take the comments rece ived into consideration. The standard comment 
period is 30 days, but it can vary based on legisla tive requirements, international obligations, and 
other considerations. A minimum comment period of  75 days is required for proposals for new and 
changed technical regulations that may affect international trade.   Departments and agencies should note that  publishing proposed regulations in the Canada Gazette  is 
not a substitute for meaningful consultations on th e development of regulatory proposals. Cabinet 
may exempt proposals from publication in Part I of the Canada Gazette .  
 G/TBT/2/Add.6/Rev.2 
Page 8  
  4.2 Identifying and assessing public policy issues 
Departments and agencies are responsible for assessing public policy issues, including potential risks, 
and demonstrating through the best available evid ence and knowledge that government intervention is 
needed.  
 
When assessing and documenting public policy issues, departments and agencies are to: 
  
• analyze the public policy issue, its causes, and 
context, including its urgency and immediate and long-term impacts;  
• review wherever possible relevant evidence-based 
assessments, analyses, standards, and classification 
systems of provincial and territorial governments, 
other countries, or international organizations; 
• explain fully to decision makers and Canadians the nature of the issue and how its impacts change 
over time; and 
• describe the scientific and empirical evidence, un certainties, ethical considerations, and public 
views of the public policy issue.  
When there is a risk of serious or irreversible ha rm, the government recognizes that the absence of full 
scientific certainty shall not be used as a reason for postponing decisions to protect the health and 
safety of Canadians, the environment, or the co nservation of natural resources. For guidance on the 
application of precaution, depart ments and agencies should consult A Framework for the Application 
of Precaution in Science-based  Decision Making about Risk . 
4.3 Setting public policy objectives  
Once policy issues have been assessed and it is determined that govern ment intervention is required, 
departments and agencies are responsible for se tting public policy objectives that outline tangible 
outcomes for Canadians. Departments and agencies are to: 
• set measurable objectives that address the public policy issue and its causes;  
• establish linkages to enabling legislation and go vernment priorities to ensure relevance and 
consistency; and  
• develop and use performance indicators on an ongoing basis to monitor and report on progress 
against performance expectations.   
4.4 Selecting, designing, and assessing regulatory responses 
Selecting the appropriate mix of government instruments  
Departments and agencies are responsible for assessing the effectiveness and appropriateness of 
regulatory and non-regulatory instruments for achieving policy objectives. 
 
Departments and agencies are to: 
 
• identify potential points for effective intervention;  
• identify the institutions and parties that should be 
involved in addressing the public policy issue;  
• identify the appropriate instrument or mix of 
instruments, including regulatory and non-regulatory measures, and justify their application before 
submitting a regulatory proposal;  
• demonstrate that the regulatory response is designed to 
address policy objectives;  Best Practice : For significant proposals, 
departments and agencies are encouraged 
to seek independent review of risk 
assessments. Departments and agencies 
can use science advisory boards or other 
existing mechanisms for this review. 
Best Practice : Departments and agencies 
are encouraged to use standardization 
tools and approaches offered by Canada’s 
National Standards System (NSS). 
This network provides internationally 
accepted best practices and test methods, improves market entry and acceptance, 
and reduces the need for 
multiple testing or repetitive certification. For more information, please see 
http://www.scc.ca/en/nss/index.shtml . 
Regulators may also wish to check 
RegWatch , a search tool that identifies 
Canadian and international standards referenced in Canadian laws and 
regulations. Please visit 
https://alert.scc.ca/rwh/basic_e.jsp  G/TBT/2/Add.6/Rev.2 
 Page 9 
 
  • demonstrate that the regulatory response is proportional to the degree and type of risk;  
• demonstrate that the regulatory response will not un duly affect areas that it was not designed to 
address;  
• specify, particularly for technical regulations , regulatory requirements in terms of their 
performance rather than their design or descriptive characteristics; and 
• make use of all or parts of relevant nationa l or international standards, guidelines, and 
recommendations as a basis for technical regulations and for conformity assessment procedures when they fulfil intended policy objectives. 
Assessing legal implications 
When designing regulations, departments and ag encies are responsible, with assistance from the 
Department of Justice Canada, for assessing the lega l implications of the proposal and for ensuring 
that it is legally sound.  Departments and agencies are therefore expected to take measures to ensure that regulations are:  
• authorized by enabling legislation or other law;  
• consistent with the  Constitution Act, 1867  and the Constitution Act, 1982  (including the Canadian 
Charter of Rights and Freedoms  and with particular note of an y obligation relating to Aboriginal 
and Treaty Rights arising out of s. 35), and the  Canadian Bill of Rights, 1960 ; and 
• well drafted and able to operate effectively with other related laws, particularly legislation of 
general application such as that referred to in this document under the heading “Implementing the 
Cabinet Directive on Streamlining Regulation .”  
Compliance with international obligations 
Departments and agencies are to respect Canada’s international obligations in such areas as human 
rights, health, safety, security, international trade,  and the environment. They must also implement 
provisions related to these obligations in  all stages of regulatory activity.  
To ensure the compliance of regulatory proposals,  departments and agencies should seek the advice 
and assistance of:   
• the Legal Bureau of Foreign A ffairs and International Trade 
Canada—the Legal Bureau is responsible for the 
negotiation, creation, and in terpretation of Canada’s 
international legal obligations and provides advice concerning the interpretation and application of such obligations for regulation;  
• Foreign Affairs and Internati onal Trade Canada, which is 
responsible for coordinating the implementation of 
Canada’s international trad e obligations, including the 
implementation of the World Trade Organization (WTO) Agreement and the North American Free Trade Agreement (NAFTA);  
• the Department of Justice Canada, with its sp ecialized sections, and its departmental legal 
services units that are responsible for advisi ng departments and agenci es on legal matters, 
including consistency of regulatory proposals w ith Canada’s internati onal obligations; and  
• the Trade Law Bureau of Foreign Affairs and Inte rnational Trade Canada and the Department of 
Justice Canada, which provides advice on Cana da’s international trade obligations.  
  For more information on 
requirements related to Canada’s 
international trade obligations for 
the design and implementation of technical regulations, conformity 
assessment procedures, and 
sanitary and phytosanitary measures, departments and 
agencies should refer to 
Appendix B of this document. G/TBT/2/Add.6/Rev.2 
Page 10  
  Coordination and cooperation
 
Coordinating across the Government of Canada 
Federal departments and agencies are responsible for working together to develop and implement 
regulations to maximize effec tiveness and minimize the cumulative and unintended impacts on 
Canadians and the economy. To do so, departments and agencies are to:  
• identify and consult with ot her federal departments and 
agencies that have a specific interest in the proposed 
regulation; 
• identify similar or related regulatory requirements—either 
existing or proposed—in the area being regulated;  
• assess these requirements to minimize cumulative impacts 
and develop complementary and cooperative approaches whenever possible; and 
• coordinate the implementa tion and management of 
regulation to minimize complexity and duplication.  
Cooperating with provincial and territorial governments 
Departments and agencies are responsible for coopera ting with provincial and territorial governments 
in the development and implementation of re gulation. Departments and agencies are to:  
• involve provincial and territorial counter parts in federal regulatory initiatives;  
• identify and assess similar or related provincial and territorial requirements, and work with 
relevant jurisdictions to manage any cumulativ e impacts and minimize duplication and conflicting 
requirements;  
• comply with the Government of Canada’s inte rgovernmental agreements, such as the Canadian 
Agreement on Internal Trade; 
• develop cooperative arrangements such as the mutu al recognition of requirements, the adoption of 
consensus-based standards, and consistency in reporting requirements whenever possible; and 
establish national standards or common conf ormity assessment procedures to support and 
facilitate internal trade whenever possible.  
International cooperation  
Departments and agencies are to take advantage of opportunities for cooperation, either bilaterally or 
through multilateral fora, by:  
• reviewing and influencing international best  practices, sharing kn owledge, adopting or 
contributing to the development and updating of  international standards and conformity 
assessment procedures, and devel oping and pursuing compatible approaches with international 
counterparts; 
• limiting the number of specific Canadian regulator y requirements or approaches to instances 
when they are warranted by speci fic Canadian circumstances and when they result over time in 
the greatest overall benefit to Canadians; and 
• identifying the rationale for their approach, par ticularly when specific Canadian requirements are 
proposed.  
Analyzing the benefits and costs of regulation 
When determining whether and how to regulate,  departments and agencies are responsible for 
assessing the costs and benefits of regulatory an d non-regulatory measures, including government 
inaction. This analysis should in clude quantitative measures and, when costs and benefits are difficult 
to quantify, qualitative measures. The analysis of these impacts pr ovides useful information to 
decision makers, even when economic efficiency is not the only or the overriding public policy objective.  
 Best practice : Departments and 
agencies are encouraged to apply 
service-oriented a pproaches to the 
administration of regulatory 
programs. Coordinated approaches, 
such as single-window service 
delivery, can reduce the administrative burden and improve 
compliance. For more information, 
please see the Institute for Citizen-Centred Service website at 
http://www.iccs-isac.org.  G/TBT/2/Add.6/Rev.2 
 Page 11 
 
  When assessing options to maximize net benefits, departments and agencies are to:  
 
• identify and assess the poten tial positive and negative 
economic, environmental, and social impacts on Canadians, business, and government of the proposed regulation and its feasible alternatives; and  
• identify how the positive and negative impacts may be 
distributed across various affected parties, sectors of the economy, and regions of Canada. 
Recommending an option 
When developing the option that maximizes net benefits, departments and agencies are to:  
• limit the cumulative administrative burden and impose the 
least possible cost on Canadians and business that is necessary to achieve the intended policy objectives;  
• consider the specific needs of small business and identify the 
least burdensome but most effective approach to addressing these needs;  
• ensure that regulatory restriction on competition is fair, 
limited, and proportionate to what is necessary to achieve the intended policy objectives;  
• prevent or mitigate adverse impacts and enha nce the positive impacts of regulation on the 
environment, the health and safety of Canadian s, and competitiveness, trade, and investment; 
identify the scope and nature of residual adve rse environmental effects after mitigation and 
enhancement strategies have been considered; and 
• identify necessary follow-up measures to tr ack environmental effects over time. 
4.5 Planning for implementation, compliance, and enforcement  
Planning for implementation  
Departments and agencies are responsible for puttin g in place the processes to implement regulatory 
programs and to manage human and financ ial resources effectively, including:  
• publishing service standards, including timelines for 
approval processes set out in regulations, setting transparent program objectives, and identifying requirements for approval processes; 
• taking advantage of opportunities for implementation and 
delivery coordination with othe r departments and agencies, 
and with other governments in Canada th at are regulating in the same sector;  
• planning for the necessary human and financial resources that the recommended option would 
require, including compliance and enforcement activities; and 
• ensuring that those charged with carrying out regulatory responsib ilities have the necessary 
resources, skills, and abilities.  
 
 
  Best Practice : To improve 
accountability and transparency, 
departments and agencies should 
prepare an accounting statement 
to report on the quantifiable and non-quantifiable costs and 
benefits of significant proposals. 
Departments and agencies should 
consult the relevant Treasury 
Board policies  for further 
guidance on the development and 
evaluation of service standards. Departments and agencies should 
consult the Cabinet Directive on 
the Environmental Assessment of Policy, Plan and Program 
Proposals for further guidance on 
conducting environmental impact 
assessments. G/TBT/2/Add.6/Rev.2 
Page 12  
  Planning for compliance and enforcement  
Departments and agencies are responsible for prom oting regulatory effectiveness by developing and 
implementing compliance and enforcement strategies. These strategies are to:   
• be developed in consultation with  affected parties, including those that must administer the 
regulation or comply with it as appropriate;  
• use an appropriate range of compliance tools; and 
• provide timelines and processes for assessi ng and reviewing compliance activities.  
4.6 Measuring, evaluating, and reviewing regulation Departments and agencies are responsible for ensuring that re gulation continually meets its initial 
policy objectives and for renewing regulatory frameworks on an ongoing basis.  
Measuring and reporting on performance 
Departments and agencies are to:  
 
• identify the intended results of regulation in managing a public policy issue and, before 
submitting a regulatory proposal, develop time-based performance indicators for significant regulatory activities; 
• take measures to ensure that monitoring and re porting activities are effective while imposing the 
least possible burden on government, business, and Canadians;  
• integrate performance measures that can be used  to adjust compliance plans as needed; and 
• collect performance information on the results of  existing regulation and provide Canadians with 
this information in a timely manner.  
Evaluating regulatory programs  
Departments and agencies are to evaluate their regulatory programs according to the time frames and 
cycle established in the Treasury Board  Policy on Evaluation  to demonstrate results for Canadians. 
Subject to the impacts and complexity of the regu latory programs, departments and agencies are to 
assess the following areas, when appropriate:  
• inputs (e.g., resources, mandate, and enabling authorities), activities, effectiveness, ultimate 
outcomes of the regulatory program, and the extent to which the program contributed to the achievement of reported results;  
• value for money (e.g., relevance, effi ciency, and cost-effectiveness); and 
• governance, decision-making and accountability processe s, service standards, and service delivery 
mechanisms.  
Reviewing regulatory frameworks 
Departments and agencies are to regularly assess  the results of performance measurement and 
evaluation to identify regulatory frameworks in need  of renewal. Once iden tified, departments and 
agencies are to examine the regulation with a focus on: 
 
• the effectiveness of the current regula tion in meeting the policy objective; 
• the current instrument selection, level of intervention, and degree of prescriptiveness; 
• clarity and accessibility of the regulation to users; and 
• the overall impact on competitiveness, includi ng trade, investment, and innovation.   G/TBT/2/Add.6/Rev.2 
 Page 13 
 
  Planning, priority- and timeline–setting, and the measuring and reporting of outcomes of regulatory 
review should be determined by departments and ag encies in collaboration with affected parties.  
 
5.0 Responsibilities for Planning  and Reporting to Canadians  
Departments and agencies are to:  
 
• develop regulatory plans and priorities for the coming year(s); and 
• report publicly on plans, priorities, performan ce, and regulatory review in accordance with 
Treasury Board guidelines.  
6.0 Enquiries and Further Information  
Treasury Board of Canada Secretariat—Public Enquiries 
Telephone:1-877-636-0656 
Email: info@tbs-sct.gc.ca Website: http://www.regulation.gc.ca G/TBT/2/Add.6/Rev.2 
Page 14  
  A
PPENDIX  A: KEY DEPARTMENTS AND AGENCIES INVOLVED IN THE REGULATORY PROCESS  
The Treasury Board of Canada Secretariat  
The Regulatory Affairs Sector (Regulatory Affairs)  of the Treasury Board of Canada Secretariat 
(TBS) is responsible for ensuring that the analysis that departments and agencies provide on policy and regulatory proposals is consistent with th e commitments and directions set out in the Cabinet 
Directive on Streamlining Regulation  and that the analysis effectively supports ministerial decision 
making. Regulatory Affairs is also responsible for promoting policy coherence among new proposals, 
existing policies, and the government’s policy agenda.  Regulatory Affairs is expected to: 
• provide advice and support to departments a nd agencies concerning the development of 
regulatory proposals and the implementation of the Directive;  
• work closely with departments and agencies to  provide ministers and the Cabinet committee 
responsible for Governor-in-Counc il decisions with the necessary information to make decisions 
on the issues before them; 
• review regulatory proposals, challenge depart ments and agencies on the quality of regulatory 
analyses, and advise them when the directions set out in the Directive have not been met;  
• promote regulatory reform and be a centre of expertise on regulatory governance; and 
• assess the effectiveness of the Directive  and its implementation.  
Regulatory Affairs will work with other sectors in TBS to: 
• confirm that regulatory proposals approp riately address resource management; and 
• formulate advice and guidance to departments and agencies on other government management 
policies relevant to their regulatory activities. 
The 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 legisla tion, and the legal requirements of the regulatory 
process.  In doing so, the Department of Justice Canada pr ovides drafting services to departments and agencies 
and, under the Statutory Instruments Act , examines all proposed regulati ons to ensure that they: 
• have the necessary legal authorization to be made;  
• are consistent with the Canadian Charter of Rights and Freedoms  and the Canadian Bill of 
Rights, 1960 ;  
• are not an unusual or unexpected use of the enabling authority; and  
• are drafted in accordance with established standards.  
The Department of Justice Canada also provides de partments and agencies with legal tools and advice 
on the appropriate use of government instruments, re gulatory techniques, international standards, and 
compliance and enforcement techniques.  
The Department of Justice Canada and the Legal Bu reau of Foreign Affairs and International Trade 
Canada are responsible for advising on the effect  of Canada’s interna tional legal obligations, 
including their implementation in domestic law. The Trade Law Bureau of the Department of Justice 
Canada and Foreign Affairs and In ternational Trade Canada is res ponsible for advising departments 
and agencies on Canada’s trade law obligations.  G/TBT/2/Add.6/Rev.2 
 Page 15 
 
  The Privy Council Office 
 
The role of the Privy Council Office is to assess memoranda to Cabinet and legislative proposals with regard to instrument selection, regulatory implica tions, and consistency with  this directive and the 
Cabinet Directive on Law-making. It is also r esponsible for informing and involving Regulatory 
Affairs when policy proposals may have a regulatory aspect. G/TBT/2/Add.6/Rev.2 
Page 16  
  A
PPENDIX  B: INTERNATIONAL TRADE OBLIGATIONS REGARDING SPECIFIC REQUIREMENTS FOR THE 
DESIGN AND IMPLEMENTATION OF TECHNICAL REGULATIONS , CONFORMITY ASSESSMENT 
PROCEDURES , AND SANITARY AND PHYTOSANITARY MEASURES  
The Cabinet Directive on Streamlining Regulation  establishes the responsibility of departments and 
agencies to seek advice and comply with Canada’s  international trade obligations. This appendix 
draws attention to certain specific requirements a pplicable to technical regulations, conformity 
assessment procedures, and sanitary and phytosanitary measures contained in the World Trade 
Organization (WTO) Agreement on Technical Barriers to Trade, the WTO Agreement on the Application of Sanitary and Phytosanitary Measures,  and Chapter Seven (“Sani tary and Phytosanitary 
Measures”) and Chapter Nine (“Technical Barriers to Trade”) of the North American Free Trade 
Agreement. 
In particular, with respect to technical regulations, conformity assessment procedures, and sanitary 
and phytosanitary measures that affect trade, departments and agencies are to: 
• specify, where possible, technical regulatory requ irements in terms of performance rather than 
design or descriptive characteristics; 
• consider accepting as equivalent the technical regulations and conformity assessment procedures 
of other countries, even if different, provided they achieve the intended regulatory objective and offer an equivalent level of assurance of conf ormity with domestic technical regulations and 
standards;  
• ensure that technical regulations and conform ity assessment procedures treat products from one 
jurisdiction no less favourably than like products from other jurisdictions;  
• ensure that sanitary and phyto sanitary measures are based on scien tific principles and evidence, 
that they do not arbitrarily or unjustifiably discr iminate against other jurisdictions where identical 
or similar conditions prevail, and that they are based on international standards, guidelines, or 
recommendations where they exist;  
• accept the sanitary and phytosanitary  measures of other countries as equivalent, even if different, 
provided they achieve Canada’s appropriate level of sanitary or phytosanitary protection;  
• use available international standards, guidelin es, and recommendations as a basis for technical 
regulations and for conformity assessment procedures where they achieve the intended regulatory 
objective;  
• treat regulatees and products from one jurisdic tion no less favourably than those from other 
jurisdictions when assessing conformity to techni cal regulatory requirements, providing they are 
in comparable situations; 
• have in place a process to review complaints concerning conformity assessment procedures and 
must take corrective action when justified; and  
• publish proposals for new or changed tec hnical regulations, c onformity assessment 
procedures, and sanitary and phytosanitary meas ures that may affect international trade 
for a comment period of at least 75 days and take into account the comments received. 
 
 
__________