List of regulations
What is a regulation?
A regulation is a form of law, sometimes referred to as subordinate legislation, which defines the application and enforcement of legislation. Authority to make a regulation must be clearly delegated by an act (i.e., the enabling act to which the regulation applies). An enabling act will set out the framework of a regulatory scheme and delegate the authority to develop the details and express them in the regulation to the Governor in Council, a minister or a federal agency.
In general, a regulation is made by the Governor in Council (i.e. the Governor General) on the recommendation of a Minister and on the advice of the Queen's Privy Council for Canada. Since 2006, the Ministers of the Treasury Board have been requested by the Prime Minister to act as the Queen's Privy Council for Canada for most regulatory matters. Treasury Board acting as the Queen's Privy Council for Canada is often referred to as Treasury Board Part B. Based on the complexity and the potential impacts of a regulation, a pre-publication period of a minimum of 30 days in the Canada Gazette, Part I will supplement departmental consultations. Therefore, it is reasonable to plan 12 months to amend an existing regulation and up to 24 months to develop and bring into force a new regulation or substantive amendments to a regulation.
There may be instances where the authority to make a regulation is delegated to a Minister by an enabling act. For example, at Indigenous and Northern Affairs Canada, the Minister may amend the schedule of an act and related regulation for First Nations seeking to opt into the First Nations Elections Act or for First Nations seeking to participate in the First Nations Fiscal Management Act. Once a regulation is signed by the Minister it comes into force upon registration (unless a specific date of coming into force is set in the regulation) and it is published in the Canada Gazette, Part II. However, the time that is required always depends on the complexity and the potential impacts of a regulation.
Before a regulation comes into force, it must go through the following respective stages:
A regulation to be made by the
Governor in Council
(Treasury Board Cabinet Committee)
A proposed regulation is developed by Indigenous and Northern Affairs Canada. It is submitted to Justice Canada for drafting and legal examination.
A Regulatory Impact Analysis Statement (RIAS) is drafted by Indigenous and Northern Affairs Canada in compliance with the Cabinet Directive on Regulatory Management. Treasury Board Secretariat (TBS) must approve the RIAS before submission to the Minister for signature.
The proposed regulation and RIAS are recommended by the Minister of Indigenous and Northern Affairs for pre-publication approval and submitted to the Privy Council Office – Orders in Council to be considered by the Ministers of the Treasury Board (Part B) in their role as the Queen's Privy Council for Canada.
The proposed regulation and RIAS are published in Part I of the Canada Gazette for a minimum of 30 days for public consultation.
Indigenous and Northern Affairs Canada reviews comments received during the public consultation period and makes changes to the regulations and RIAS, as necessary. TBS must again approve the RIAS before submission to the Minister for signature.
The proposed regulation and RIAS are recommended by the Minister of Indigenous and Northern Affairs for final approval by the Governor in Council.
The final regulation is signed by the Clerk of the Privy Council and registered by the Privy Council Office. It comes into force on the date of registration unless a specific date is set in the regulation.
In accordance with the Statutory Instruments Act, the final regulation and RIAS are published in Part II of the Canada Gazette within 23 days of registration.
A regulation to be made by the Minister
of Indigenous and Northern Affairs
A proposed regulation is developed by Indigenous and Northern Affairs Canada. It is submitted to Justice Canada for drafting and legal examination.
A Regulatory Impact Analysis Statement (RIAS) is drafted by Indigenous and Northern Affairs Canada in compliance with the Cabinet Directive on Regulatory Management.
The proposed regulation and RIAS are submitted to the Minister of Indigenous and Northern Affairs for final approval and signature.
Within seven days of the Minister's signature, the final regulation is registered by the Privy Council Office and comes into force on the date of registration unless a specific date is set in the regulation.
In accordance with the Statutory Instruments Act, the final regulation and RIAS are published in Part II of the Canada Gazette within 23 days of registration.
What Information is Available?
More information on federal regulatory management may be found on the Treasury Board Secretariat web site.
Find out more about the regulations that affect Indigenous and Northern Affairs Canada.