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Regulations and Orders in Council



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2.1 Regulations and Orders in Council

Some proposals, including those on regulations and Orders in Council (OICs), require Governor in Council approval as part of their implementation. The Governor in Council is the Governor General acting on the advice of Council, that is, the Queen’s Privy Council for Canada as represented by the Cabinet or a designated committee. Cabinet discusses and decides upon the policy and legal frameworks of proposals, including any recommendations that regulations and
OICs be used to achieve objectives. However, Cabinet does not review or approve the regulations or OICs in question, although proposed OIC language maybe included in an MC for information. Instead, proposed regulations and most OICs requiring Governor in Council approval are submitted directly by responsible Ministers to the Treasury Board, the committee designated to act as Council. Regulations and OICs approved by the Treasury Board take legal effect only once they are approved by the Governor General. The Regulatory Affairs Sector of TBS is responsible for regulatory policy and assisting departments and agencies in developing regulatory submissions. The Orders in Council Division of PCO provides secretariat support to the Treasury Board, in its Governor in Council role, by receiving submissions from sponsoring Ministers, preparing OICs, and sending OICs approved by the Treasury Board to the Governor General for signature. Information on the regulatory approval process can be found in the TBS Guide to the Federal Regulatory Development
Process
Additional information on the development of Cabinet proposals involving legislation and regulations can be found under Drafting Guidance for Particular Proposals below.

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