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Guide to Making Federal Acts and Regulations
Good Governance Guidelines
The Good Governance Guidelines are a set of analytical criteria for use by
departments and Ministers in the assessment and development of policy. They were
developed as part of a broader exercise designed to improve policy-making in the
federal government and facilitate high quality policy discussions in Cabinet
Committees.
| POLicy Basics
Test |
Has the problem been adequately identified and are the
goals and objectives clearly defined
Are there horizontal considerations and interdependencies with other
priorities or issues (e.g. environment, rural, science, trade, etc.)?
Are they in citizen-focussed terms?
Does this initiative build on and fill gaps in existing policy and
programs (federal, provincial)?
Does the proposal replace or overlap any existing program?
Will this initiative be sustainable (social, economic, environmental) in
the longer term?
Have a range of options for the achievement of goals/objectives been
considered? The full range and choice of instruments (e.g.
legislative, regulatory, expenditures)?
Has a feedback mechanism been incorporated into policy and program
design to allow for evaluation, fine-tuning, and updating?
Is the policy based on sound science advice?
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| Public Interest
Test |
How would the proposal meet the needs of Canadians?
How do the overall societal benefits compare to its costs? Have the full
range of risks been assessed?
Does the proposal respect the rights of Canadians and take into account
their diverse needs (e.g. cultural, linguistic, etc.)?
Have Canadians been given an opportunity for meaningful input?
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| Government Themes
Test |
How would the proposal contribute to the Government's
priorities as set out in the Speech from the Throne, the Budget, etc.?
Is it consistent with current legislative (e.g. Official Languages Act,
Privacy Act, etc.) and government policy and program guidelines or
directives (e.g. Social Union Framework, Expenditure Management
System, Environmental Assessment, F/P/T or international
agreements such as WTO and/or NAFTA)?
Have other departments been involved in the development of this
initiative? Have opportunities for synergies (across issues and
departments) been identified?
What is the plan for connecting this initiative with Canadians?
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| Federal Involvement
Test |
What is the rationale for federal involvement in this area
(e.g. constitutional, legal, scope of issue)?
Have the particular federal interests been adequately identified?
How does the initiative balance the need for coordinated Canada-wide
action with the need for flexibility to reflect the diverse needs and
circumstances of provinces and regions?
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| Question of
Accountability Test |
Has an adequate accountability framework been
developed? (in particular for multi-stakeholder arrangements)
Have mechanisms been established for ongoing monitoring , measuring, and
reporting to Canadians on outcomes and performance?
Have eligibility criteria and public service commitments been made
publicly available?
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| Urging
Partnerships |
Can this initiative benefit from joint planning and
collaboration?
Has it been designed in a way that complements existing provincial
programming and services?
Are measures in place to ensure equitable treatment of provinces/regions
- in consideration of their diverse needs and circumstances? [Has
consideration been given to the unique character of Quebec in policy and
program design?]
If a substantial change in funding or design is being considered, have
partners, particularly provinces and territories, been consulted or
given advance notice?
Are the relative roles and contributions of partners clear? How
will they be publicly recognized?
Have opportunities for partnerships with communities, voluntary sector
and private sector been considered?
Have mechanisms been established to consult with Aboriginal
peoples?
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| Efficiency and
Affordability Test |
Will the proposed option be cost-effective?
Does the proposal assess non-spending options?
Does it consider reallocation options?
Would a joint F/P/T or partnership based effort result in a more efficient or effective program or service?
What are the longer term funding issues associated with this proposal - for the federal government, and for its partners?
Are there program integrity issues related to this initiative (e.g. non-discretionary/legal commitments, risks, strategic investments)?
Has the initiative considered downstream litigation risks (e.g. potential for trade disputes, Aboriginal claims, etc.) |
Preparing a Memorandum to Cabinet
Form and Content
A Memorandum to Cabinet (MC) is a Minister’s vehicle for submitting and
explaining a proposal to the Cabinet and for obtaining its approval.
An MC conforms to a predetermined structure and style. This makes it easier
for Ministers and their advisers to locate the information that interests them
so that they can express an opinion on the proposal.
An MC is written in the two official languages and presented in a bilingual
format. Both versions must be of equally high quality. This is because an MC is
the cornerstone of the drafting process. An inadequately translated version that
does not use appropriate terminology may create confusion and waste valuable
time. Ministers should be able to expect a carefully written text, regardless of
which language they use. Detailed guidance on the form and content of MCs is
provided in Memoranda to Cabinet: A Drafter’s Guide, published by the
Privy Council Office (http://www.pco-bcp.gc.ca/default.asp?Language=E&Page=publications&Sub=mc&Doc=mc_e.htm).
An MC is composed of two main parts: the Ministerial Recommendation and the
Analysis. Drafting instructions for the bill are also included in an annex.
Ministerial Recommendation
The Ministerial Recommendation describes the current situation (the problem)
and the solution (legislative measure) being proposed. The financial aspect of
the solution is also addressed. This is the only place in the memorandum where
the Minister expresses his or her opinions and observations.
The Ministerial Recommendation also includes a communications synopsis and
overview which sets out the main elements of the proposed
legislative measure in respect of which communications come into play. The
format is provided by the PCO.
The communications plan is contained in an annex to the MC and prepared by officials responsible
for the department's public relations in close collaboration with the Minister's
office. The plan anticipates possible public and media reaction to the proposed
legislative measure and shows how the Minister intends to present and explain
the proposal to the public, in both the short and long term.
The Ministerial Recommendation concludes with the Minister's main
recommendation:
It is recommended that: ... the Legislation Section of the Department of
Justice be authorized to draft [title of the bill] in consultation with [the
responsible department(s) or bodies] and in accordance with the drafting
instructions set out in annex [...]
Analysis
The Analysis describes various options that have been considered, the
advantages and disadvantages of each one and their financial implications. It
does not express an opinion; it is, instead, a detailed and objective
explanation of the context and solutions.
Bill-drafting Instructions
The annex of drafting instructions serves two essential purposes.
- It provides the members of Cabinet with enough information to understand
the substance of the proposed legislative measure and make an informed
decision, specifically by bringing the main questions to their attention.
- It establishes the framework within which the people most directly
involved in the drafting process (legislative drafters, instructing officers
and departmental legal advisers) will have to work.
Detailed guidance on preparing drafting instructions follows.
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