Public Health Agency of Canada’s inventory of documents incorporated by reference

The Public Health Agency of Canada (PHAC) strives to develop regulations that promote innovation and reduce administrative burden. At the same time, these regulations should also give PHAC the tools to meet its mandate commitments. Incorporation by reference (IbR) is one approach that supports these objectives.

IbR is a drafting technique that brings the content of a document into a regulation without having to copy it into the regulation's text. This technique allows PHAC to update these documents with greater flexibility to maintain an agile and flexible regulatory regime.

To support this practice, PHAC adopted Health Canada's Incorporation by Reference Policy for selecting IbR documents. The policy outlines the general principles and processes to follow when identifying documents appropriate for IbR and making modifications to those documents. The principles of accessibility, transparency, consistency, reasonableness and clarity form the foundation of the policy. This policy builds on the foundation provided by the Cabinet Directive on Regulation and the Treasury Board of Canada Secretariat's Policy on Regulatory Development, which states that incorporation by reference can be an effective tool in achieving regulatory outcomes. PHAC will assume these roles and responsibilities for IbR documents in the regulations for which PHAC is responsible.

Below is a current list of IbR documents in regulatory provisions that PHAC administers:

Act Regulation Section Title Source
Human Pathogens and Toxins Act (S.C. 2009, c. 24) Human Pathogens and Toxins Regulations (SOR/2015-44) 10(1)(a) List of Human and Animal Pathogens and Toxins for Export Control The Australia Group
Department of Health Act (S.C. 1996, c.8) Potable Water on Board Trains, Vessels, Aircrafts and Buses Regulations (SOR/2016-43) 5 The Guidelines for Canadian Drinking Water Quality — Summary Table Health Canada
Department of Health Act (S.C. 1996, c. 8) Potable Water on Board Trains, Vessels, Aircrafts and Buses Regulations (SOR/2016-43) 12(2) Part 9000 of Standard Methods for the Examination of Water and Wastewater amended from time to time Published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation

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