Guide to Making Federal Acts and Regulations
The following table identifies key steps of the process of policy development and approval and describes the associated activities and products. This table should be used with the MC Preparation Planning Calendar, which follows it and provides guidance on the timeframes that should be built into the process.
Step |
Activities and Products |
Contact Privy Council Office (Operations Branch) policy analyst responsible for your department |
Consult early to define the proposal and discuss timing. |
Contact your departmental Cabinet affairs unit |
The departmental Cabinet affairs unit provides:
See also Memoranda to Cabinet: A Drafter’s Guide, section E, the Good Governance Guidelines and the MC Preparation Planning Calendar. |
Contact your departmental official responsible for parliamentary relations |
Advise them that you are starting proposals for a memorandum to Cabinet that includes a proposal for a bill. |
Contact Treasury Board Secretariat and Department of Finance policy analysts responsible for your department |
Consult early to determine whether the proposal:
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Review the Good Governance Guidelines and the Preparing Bill-drafting Instructions for a Memorandum to Cabinet |
Highlight matters to be considered as early as possible in the policy development process. |
Draft Memorandum to Cabinet |
For detailed advice, consult your Cabinet affairs unit and refer to Memoranda to Cabinet: A Drafter’s Guide. |
Prepare the drafting instructions |
Prepared by a team of knowledgeable officials that includes a member of the departmental legal services unit (DLSU). This team will also provide detailed instructions at the bill-drafting stage. For detailed information, see the "Checklist for Preparing Bill-drafting Instructions for a Memorandum to Cabinet". |
Seek departmental approvals (including Minister’s approval) in accordance with departmental process |
This step usually requires the preparation of briefing materials. |
Have the draft MC translated in accordance with the departmental process |
Give the translators the time and information they need to prepare an accurate translation. Have the translation reviewed by policy officials. |
Organize interdepartmental meeting and circulate the draft MC to all departments concerned |
Circulate to all departments whose Ministers sit on the policy committee that will consider the MC as well as to other departments involved in the proposal. Also include the PCO, TBS and Department of Finance analysts responsible for your department. Send out the draft MC in advance to allow departments sufficient time to digest the draft MC before interdepartmental meetings are held. See also Memoranda to Cabinet: A Drafter’s Guide, section E. |
Interdepartmental meetings chaired by senior departmental officials |
Brief other departments on the details of the proposal and determine their positions. Include their positions in the MC, and resolve any issues. |
Finalize the MC, including the translation, and send to Minister in accordance with departmental procedures |
Provide Minister with appropriate briefing materials, including the results of interdepartmental consultations. Check that the MC conforms to PCO content and formatting requirements as specified in Memoranda to Cabinet: A Drafter’s Guide. |
Send two copies of the signed MC and electronic copies on diskette to the PCO Cabinet Papers Office |
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Prepare presentation material for the Minister to use at Cabinet and Cabinet committee meetings |
Presentation materials may be a slide deck, talking points, additional briefing material outlining anticipated positions of other ministers and Qs and As. |
PCO Cabinet Papers Office distributes the MC to the other departments |
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PCO analyst prepares briefing materials and briefs the Committee Chair |
Briefing material is distributed only to the Committee Chair and PCO Ministers (the Prime Minister, the Deputy Prime Minister, the Leader of the Government in the House of Commons, the Leader of the Government in the Senate and the Minister of Intergovernmental Affairs). |
Cabinet Policy Committee considers the MC and Drafting Instructions. PCO Cabinet Papers Office issues the Committee Report (CR) |
Once the Cabinet Committee has decided on the proposal, a Committee Report is drafted by the Policy Committee Secretariat and issued by the Cabinet Papers Office. It is based on decisions made by the Committee in relation to the Ministerial Recommendations (MR) portion of the MC as well as any annexes to the MC (such as the drafting instructions). The Secretariat that drafts the CR may consult with the originating department and other interested departments to ensure that the wording of the CR accurately reflects the decisions of Ministers. See also Memoranda to Cabinet: A Drafter’s Guide, section A. |
Cabinet Approval of CR and drafting Instructions, followed by issuance of Record of Decision (RD) by PCO Cabinet Papers Office |
The full Cabinet considers the CR and accompanying drafting instructions. The CR and the MC are the basic documents for Cabinet discussion. If the Cabinet confirms the CR, an RD is issued. See also Memoranda to Cabinet: A Drafter’s Guide. |
Weeks before Cabinet Committee (CC) Meeting |
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Mon. |
Tues. |
Wed. |
Thurs. |
Fri. |
Six Week Minimum: Notification by Sponsoring Department (s) |
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Sponsoring Dept(s) alerts PCO that MC draft is forthcoming next week. Review of timelines and identification of horizontal linkages and Key Departments to be involved in MC preparation. |
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Five Weeks: At least 72 hours to review MC prior to Key Departments’ Meeting |
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First draft of MC distributed to Key Depts (including sharing an initial draft MC, without prejudice, with Key Depts for feedback on initial directions). |
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Meeting with Key Depts to review first draft of MC. |
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Four Weeks: At least 72 hours to review MC prior to Inter- departmental |
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MC second draft distributed to Inter- departmental community for review. |
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Three Weeks: Inter- departmental |
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Inter- departmental meeting (minimum 21 days before CC meeting) |
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Two Weeks: Final Drafting Stages |
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MC third draft to Inter- departmental Community for review. |
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If required, Key or Full Inter- departmental meeting. |
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One Week: MC to PCO French/ English submission of MC to PCO |
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for CC (Social Union) meeting. |
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French/ English submission of MC to PCO for CC (Economic Union) meeting. |
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