Canadian rulemaking process

Scope

Generally, Canada's Department of Justice (with direction from the Cabinet) will write and prepare bills for introduction in both English and French. Bills must be drafted in both languages. Bills usually originate in the House of Commons, although the Senate can also initiate legislation.

Regulatory citations

• None

Key definitions

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Summary of requirements

The legislation (laws or acts) are enabling legislation, meaning that they give authority for regulations to be developed. The regulations are more detailed than the legislation and specify how the legislation applies and will be implemented. For example, the Motor Vehicle Transport Act, 1987, gives Transport Canada the authority to adopt regulations on commercial drivers' hours of service.

To understand the lawmaking process, one must have a basic understanding of Canada's government. Canada has a parliamentary government that consists of the following:

• The Queen, represented by the Governor General. The Governor General appoints the Prime Minister, who is the head of the Cabinet. The Cabinet size can vary but usually consists of about 20 to 30 members appointed by the Prime Minister.
• Senate - Just over 100 members appointed by the Prime Minister make up the Senate.
• House of Commons - Just over 300 members elected by the people of Canada make up the House of Commons. The provinces and territories are divided into "ridings" and each riding elects a member of the House of Commons. The population of the province/territory determines the number of ridings in a province/territory.

The Prime Minister and Cabinet, Senate, and House of Commons work together to create bills that amend or create new laws. The new or amended laws frequently lead to new or amended regulations. The legislative process is described below.

How bills become laws. Just as in the U.S., the lawmaking process in Canada follows a structured process. Generally, Canada's Department of Justice (with direction from the Cabinet) will write and prepare bills for introduction in both English and French. Bills must be drafted in both languages. Bills usually originate in the House of Commons, although the Senate can also initiate legislation. If the bill increases taxes or changes how the public's money will be spent or allocated, then the bill must be drafted by the Cabinet and then first go through the House of Commons.The bill will go through three readings in both the House and the Senate. During these readings, there are debates and discussions about the bill. Committees in the House and Senate answer the public's questions about the bill and study the bill's provisions. Amendments to the bill may be made at this time. When the House and Senate agree to the bill, it then goes to the Governor General for Royal Assent. Royal Assent means that the bill becomes effective on the date established in the bill and thereby becomes law.

Regulation development. Before a regulation is developed, Regulation development must follow specific steps known as the regulatory process. The person to whom authority is granted in the law creates the regulations. After a regulation is drafted, it is published in the Canada Gazette I as a proposed rule. A regulatory impact analysis statement (RIAS) is also published in the Canada Gazette I with the proposed rule. The RIAS describes such things as the purpose of the proposed rules, any costs or savings associated with the rules, and how the effectiveness of the rules will be measured. The RIAS also includes the proposed rule's contact person(s). During the proposed rule stage, those interested in the regulation can make comments or suggestions on the regulation. Persons send comments to the contact person listed in the proposed rule.When the regulation is approved, it must be registered with the Clerk of the Privy Council. The Clerk of the Privy Council will assign a number to the regulations and establish a "coming into force date." Generally, the registration date of the regulation is the coming into force date unless a later date is specified in the regulation. The final regulation is then published in the Canada Gazette II as a final rule.