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How New Laws and Regulations Are Created

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How New Laws and Regulations Are Created HOW NEW LAWS AND REGULATIONS ARE CREATED ENVIRONMENTAL AND REGULATORY REVIEWS # Opportunities for the public to participate 8 The Minister or the Treasury Board, as 8 appropriate, reviews and approves the nal Once the bill has been passed by both the regulations. Once approved, it goes to the THE LEGISLATIVE PROCESS LAW THE REGULATORY PROCESS GAZETTE II lower and upper Chambers, it goes to the Governor General to sign an Order in Regulations provide support to the new laws and are Legislation is a written law that provides rules of conduct. Governor General for Royal Assent and Council to make the regulations. The nal To become law, legislation must be approved by Parliament. then becomes Canadian law, which is enforceable by law. regulations are published in the Canada Proposed legislation is introduced in Parliament in the form of also known as coming into force or effect. Unlike legislation, regulations are not made by Parliament but Gazette, Part II, at which time the a bill which provides the basis to amend or repeal existing regulations take effect. laws or put new ones in place. rather by persons or bodies that Parliament has given the authority to make them in an Act, such as the Governor in Canada’s legislative process involves all three parts of Parlia- Council or a Minister. This is why regulations are developed ment: the House of Commons (elected, lower Chamber), the BILL under a separate process from Acts. DRAFT 7 REGULATION 7 Senate (appointed, upper Chamber), and the Monarch (Head If the bill passes the vote, it is then sent to Comments are taken into consideration of State, who is represented by the Governor General in the other Chamber, where it goes through and the draft regulations are updated Canada). These three parts work together to create new laws. the same process. and nalized. 1 The relevant organizations conduct an 6 analysis for the development of regulatory 1 When a Committee has nished its study, 6 A Memorandum to Cabinet is prepared to proposals. The approved draft regulations are it reports the bill back to the House. The MEMORANDUM seek policy approval and authority to draft published in the Canada Gazette, Part I. TO CABINET entire House can then debate it. During new legislation. The Canada Gazette is the ofcial the report stage debate, Parliamentarians GAZETTE I newspaper of the Government of Canada. Cabinet is the Prime Minister’s forum for can suggest other amendments to the bill. creating consensus among the Govern- It contains information such as formal REPORT STAGE ment’s Ministers. public notices, ofcial appointments, The bill then goes back to Parliamentari- proposed regulations, and more. It is also ans for a nal debate and vote, based on a consultative tool, providing Canadians the Committee’s report. with the opportunity to provide their 2 comments on the proposed regulations. 2 THIRD READING OF THE BILL The relevant organizations conduct DRAFT BILL Following Cabinet decision, the Depart- stakeholder engagement to seek views on ment of Justice drafts a bill with proposed possible policy approaches. new legislation. This is done in collabora- 5 5 tion between a government department’s BILL If the bill passes, it is sent to a Parliamen- The Minister for Ministerial regulations or tary Standing Committee which studies it the Treasury Board for Governor in Council or a relevant organization's policy Minister development and legal services teams. in depth, holds public hearings to hear regulations, reviews and approves the draft views and may suggest changes. regulations with or without changes. 3 3 After consideration of comments received, BILL The bill with proposed new legislation is 4 Parliamentarians then debate the principle DRAFT 4 the regulatory proposals are further rened. REGULATION Draft regulations are then developed by introduced in either the House of of the bill and vote to decide whether it Stakeholders are invited to provide further the Department of Justice in accordance Commons or the Senate. should be studied further. comments. with the written instructions provided by FIRST READING OF THE BILL SECOND READING OF THE BILL the relevant organizations. Sources: Parliament of Canada and Privy Council Ofce.
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