Gavin Howe
Canada's regulatory system is internationally recognized as one of the best in the world. The regulatory system is designed to protect and promote the public interest in health, safety, security, the quality of the environment, and the social and economic well-being of Canadians. Canada's system of responsible parliamentary government is based on the rule of law, which means that laws must be made in conformity with the Constitution. The Constitution is the highest law in Canada, and all other laws must be consistent with it to be valid. The legislative process in Canada involves three parts of Parliament: the House of Commons, the Senate, and the Monarch. These three parts work together to create new laws, which are then published in the Canada Gazette. Regulations, on the other hand, are not made by Parliament but by persons or bodies authorized by Parliament, such as the Governor in Council or a Minister.
| Characteristics | Values |
|---|---|
| Basis of regulatory law | Rule of law, freedom under the law, democratic principles, and respect for others |
| Legislative process | Involves the House of Commons, the Senate, and the Monarch |
| Legislative planning | Managed on three levels, with the first level being a government-wide process to coordinate and set priorities among proposals for bills from different departments |
| Regulatory powers | Held by Parliament, which may delegate regulatory authority to the Cabinet, a person, or a body |
| Regulatory system | Recognized internationally as among the best in the world |
| Regulatory policy framework | Laid out by the Cabinet Directive on Regulation |
| Regulatory proposals | Developed through analysis and stakeholder engagement |
| Regulatory requirements | Include licensing and compliance monitoring |
| Regulatory changes | Made through "amending" Acts or regulations |
| Official sources of regulatory information | Justice Laws Website, CanLII, Justice Laws Canada, and the Canada Gazette |
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What You'll Learn
How laws are made
Regulatory law in Canada refers to the body of rules and regulations that govern how government bodies operate and how they relate to the public, businesses, and other organizations. It encompasses a wide range of topics, including administrative law, constitutional law, and statutory interpretation. Regulatory law in Canada is made through a complex process involving multiple levels of government and various stakeholders. The process typically begins with the identification of a need for new legislation or the amendment of existing legislation. This need may arise from a variety of factors, such as social or economic changes, new technologies or scientific developments, or a shift in government priorities.
Once the need for new or updated legislation has been established, the
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Regulatory powers
Canada's system of responsible parliamentary government is based on the rule of law, with laws made in conformity with the Constitution, which is the highest law in Canada. The Constitution defines and limits legislative authority, executive authority, judicial power, and the rights and freedoms of Canadian citizens. Regulatory powers in Canada are shared between federal and provincial governments. The federal government regulates matters that extend across Canada, such as banking, while the provincial government regulates local matters such as education.
Parliament may delegate regulatory authority to the Cabinet (the Governor in Council), a person (such as a Minister of the Crown), or a body (such as the Atomic Energy Control Board). However, this authority remains subject to the will of Parliament, and regulations made under this delegated authority are referred to as subordinate legislation. The Cabinet Directive on Regulation is the Government of Canada's overarching regulatory policy framework, laying out the rules and requirements regulators must follow when developing and implementing regulations. The Treasury Board of Canada Secretariat supports the federal regulatory system and the Cabinet Directive on Regulation. The President of the Treasury Board reports regularly to Parliament and the Canadian public on key regulatory initiatives, promoting transparency in the regulatory system.
The process of making new laws in Canada involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor-General in Canada). Proposed policy is developed by the Government and presented to Cabinet for approval to draft a new bill. A bill is a text of a legislative initiative submitted to Parliament for approval and possible amendment before becoming law. Regulations, on the other hand, are not made by Parliament but by persons or bodies authorized by Parliament in an Act. The relevant organizations conduct an analysis for the development of regulatory proposals and stakeholder engagement to seek views on possible policy approaches. After considering the comments received, the regulatory proposals are refined, and draft regulations are developed by the Department of Justice. The Minister or the Treasury Board reviews and approves the draft regulations for publication, and the final regulations are published in the Canada Gazette, Part II.
When the federal government makes changes to Canadian law, it often creates "amending" Acts or regulations that modify existing laws rather than rewriting them entirely. These amending documents add new sections or make changes to existing sections of the law. Consolidated Acts or regulations are those that have been updated to incorporate amendments into the original text. As of June 1, 2009, all consolidated Acts and regulations on the Justice Laws Website are considered "official" and can be used for evidentiary purposes.
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Regulatory system
Canada's system of responsible parliamentary government is based on the rule of law. This means that laws must be made in conformity with the Constitution, which is the highest law in Canada. The Constitution defines and limits legislative authority, executive authority, and judicial power. It also outlines the rights and freedoms of Canadian citizens, including the Canadian Charter of Rights and Freedoms.
Canada's federal and provincial governments share governing and law-making powers. These powers are enumerated in sections 91 and 92 of the Constitution. Federal governments regulate matters that extend across Canada, such as banking, while provincial governments regulate local matters such as education. There is some overlap between federal and provincial laws for areas not defined in the Constitution.
The process of making new laws in Canada involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General). Proposed policies are developed by the Government and presented to Cabinet for approval to draft a new bill. A bill is a text of a legislative initiative submitted to Parliament for approval and possible amendment before becoming law. Regulations, on the other hand, are not made by Parliament but by persons or bodies that Parliament has authorized in an Act, such as the Governor in Council or a Minister.
The Cabinet Directive on Regulation is the Government of Canada's overarching regulatory policy framework. It lays out the rules and requirements that regulators must follow when developing and implementing regulations. The Treasury Board of Canada Secretariat supports the federal regulatory system and ensures that regulations promote innovation and economic growth while protecting the public interest in health, safety, security, social and economic well-being, and the environment.
The Canada Gazette is the official newspaper of the Government of Canada, where proposed regulations are published. It provides Canadians with the opportunity to provide comments on these proposals, which are then considered and incorporated into the final regulations. The Minister or the Governor in Council, on the Treasury Board's advice, reviews and approves the final regulations before they are published in the Canada Gazette.
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Legislative process
Canada's legislative process involves three parts of Parliament: the House of Commons, the Senate, and the Monarch, who is represented by the Governor General. The legislative process begins with proposal, formulation, and drafting of a bill. The bill is then introduced in Parliament, where it goes through several stages before becoming law.
The introduction of any public bill requires 48 hours' written notice. The day after it appears on the Notice Paper, the title of the bill will appear in the Order Paper and is ready for introduction in the House during Routine Proceedings. If it is a private member's bill, the sponsor may provide a brief explanation.
The second reading stage of the legislative process provides an opportunity for members to debate the general scope and principle of the bill. The text of the bill may not be amended during this stage; however, the motion for the second reading may be amended. Three types of amendments are permitted: a three months' or six months' hoist, a reasoned amendment, or a motion to refer the subject matter of the bill to a committee. Once the bill is adopted at the second reading, it is referred to a committee for further scrutiny.
The role of the committee is to review and approve or modify the text of the bill. Committees may invite witnesses to appear, present their views, and answer questions. After the committee stage, the bill goes back to the House for the report stage, where the House considers the bill as reported by the committee. The bill is then read for the third time, during which members may make speeches about the bill and propose further amendments.
Once the bill is passed by the House of Commons, it goes to the Senate, which follows a similar legislative process. The Senate may also suggest amendments to the bill. If the Senate adopts the bill without amendment, a message is sent to the House of Commons, and the bill receives royal assent. If the Senate proposes amendments, both Houses must agree on the same version of the bill before it can receive royal assent.
Royal Assent is granted by the Governor General, completing the legislative process. Once a bill has been granted royal assent, it becomes law and comes into force on that day, unless the act provides otherwise. It may provide that it comes into force on a day specified in the act or on a day fixed by an order of the Governor in Council.
Regulations are developed under a separate process from Acts. Relevant organizations conduct an analysis for the development of regulatory proposals and stakeholder engagement to seek views on possible policy approaches. After considering the comments received, the regulatory proposals are refined, and stakeholders are invited to provide further comments. Draft regulations are then developed by the Department of Justice, in accordance with the written instructions provided by the relevant organizations. The Minister or the Treasury Board reviews and approves the draft regulations for publication. The final regulations are then published in the Canada Gazette, Part II, and come into force on the day or days set out in the regulations.
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Constitution
The Constitution is the most fundamental law in Canada. All other laws must be consistent with the Constitution to be valid. The Constitution defines and limits legislative authority, executive authority, judicial power, and the rights and freedoms of Canadian citizens. It is made up of two key documents: The Constitution Act, 1867, and The Constitution Act, 1982.
The Constitution Act, 1867, sets up the Canadian government and explains the powers of the Courts, the Federal Government, and the Provinces. This Act is also referred to as the British North America Act, 1867. The Constitution Act, 1982, contains the Canadian Charter of Rights and Freedoms, which defines Canadians' rights and freedoms with respect to speech, religion, democratic rights, mobility rights, equality rights, and language rights. It also contains Section 35, which recognizes and guarantees Aboriginal rights, including Treaty rights.
The Constitution Act, 1982, also contains the procedure for amending the Constitution of Canada. The Constitution is subject to a series of updates and amendments, with the latest updates reflecting changes made since January 1, 2021. These updates are available on the Justice Laws Website, which is the online source of consolidated Acts and regulations of Canada. The website provides access to federal Acts and regulations in both official languages, with both language versions being equally authoritative.
The Constitution is supreme, and any law inconsistent with it has no force. Parliamentary sovereignty requires judges to follow statutes and regulations according to their intent, unless they contravene the Constitution. Law-making authority in Canada is subject to constraints, and Parliament and the provincial legislatures are limited by the constitutional distribution of powers.
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Frequently asked questions
Regulatory law in Canada refers to the process of creating and enforcing laws that govern the day-to-day activities of Canadians, such as driving, employment, and marriage. These laws are designed to maintain a peaceful and orderly society while protecting individual rights and freedoms.
The Canadian legislative process involves three parts: the House of Commons, the Senate, and the Monarch (represented by the Governor General). Proposed policies are developed by the Government and presented to the Cabinet for approval before being introduced in Parliament as bills. Regulations, on the other hand, are not made by Parliament but by persons or bodies authorised by Parliament, such as the Governor in Council or a Minister.
The Justice Laws Website is the official online source for accessing federal Acts and regulations in both of Canada's official languages. The Canada Gazette is the official newspaper of the Government of Canada, providing information on proposed and finalised regulations.
