Guide to Making Federal Acts and Regulations: Part 2 - Making Acts - 2.2 Development and Cabinet Approval of Policy

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?
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?
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?
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?
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?
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?
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

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.

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:

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.