How new laws and regulations are created

Review of environmental assessment processes

The legislative process

Legislation is a written law that provides rules of conduct. To become law, legislation must be approved by Parliament. Proposed legislation are introduced in Parliament in the form of a bill which provides the basis to amend or repeal existing
law or put new ones in place.

Canada’s legislative process involves all three parts of Parliament: the House of Commons (elected, lower Chamber), the Senate (appointed, upper Chamber), and the Monarch (Head of State, who is represented by the Governor General in
Canada). These three parts work together to create new laws.

A Memorandum to Cabinet is prepared to seek policy approval and authority to draft new legislation.

Cabinet is the Prime Minister’s forum for creating consensus among the Government’s Ministers.

Following Cabinet decision, the Department of Justice drafts a bill with proposed new legislation. This is done in collaboration with the Policy Development Sector and Legal Services Division at the Agency.

The bill with proposed new legislation is introduced in either the House of Commons or the Senate.

FIRST READING OF THE BILL

Once the bill has been passed by both the lower and upper Chambers, it goes to the Governor General for Royal Assent and then becomes Canadian law, which is also known as coming into force or effect.

If the bill passes the vote, it is then sent to the other Chamber, where it goes through the same process.

The bill then goes back to Parliamentarians for a nal debate and vote, based on the Committee’s report.

THIRD READING OF THE BILL

If the bill passes, it is sent to the Parliamentary Standing Committee on Environment and Sustainable Development, which studies it in depth, holds public hearings to hear views and may suggest changes.

Parliamentarians then debate the principle of the bill and vote to decide whether it should be studied further.

SECOND READING OF THE BILL

The regulatory process

Regulations provide support to the new laws and are enforceable by law.

Unlike legislation, regulations are not made by Parliament but rather by persons or bodies that Parliament has given the authority to make them in an Act, such as the Governor in Council or a Minister. This is why regulations are developed under a separate process from Acts.

The Agency conducts analysis for the development of regulatory proposals.

The Agency conducts stakeholder engagement to seek views on possible policy approaches.

After consideration of comments received, the regulatory proposals are further rened. Stakeholders will be invited to provide further comments.

The Minister or the Treasury Board, as appropriate, reviews and approves the nal regulations. Once approved, it goes to the Governor General to sign an Order in Council to make the regulations. The nal regulations are published in the Canada Gazette, Part II, at which time the regulations take effect.

Comments are taken into consideration and the draft regulations are updated and nalized.

The approved draft regulations are published in the Canada Gazette, Part I. The Canada Gazette is the official newspaper of the Government of Canada. It contains information such as formal public notices, ofcial appointments, proposed regulations, and more. It is also a consultative tool, providing Canadians with the opportunity to provide their comments on the proposed regulations.

The Minister, for Ministerial regulations, or the Treasury Board, for Governor in Council regulations, reviews and approves the draft regulations with or without changes.

Draft regulations are then developed by the Department of Justice in accordance with the written instructions provided by the Agency.