Part 2: Module 2.1 Lesson 1 How the Rules are Made

Question 1

describe the history of Canada’s legislative process

Question 2

identify the three parties that make Canadian federal laws

Answer 2

the elected House of Commons (Lower House), the appointed Senate (Upper House) and the King, represented by the Governor General

Question 3

explain the difference between an Act, a Regulation and an Order-in-Council (OIC); and

Answer 3

statutes (Acts) tend to state broad principles whereas regulations elaborate on the details that explain the broader principles in the enacting statute. An Order-in-Council (OIC) is a type of legislation made in the name of the King, OICs are not discussed by Parliament prior to approval instead Proposed OICs are sent to the Privy Council Office (PCO), and once approved have the force of law (often have a definitive end date)

Question 4

describe the purpose of the Canada Gazette.

Answer 4

he Canada Gazette is the vehicle for transparency to pending changes.

Question 5

explain the Canada Border Service Agency’s (CBSA) policy documents

Answer 5

Departmental memoranda, also called D-memos, outline the legislation, regulations, policies and procedures that the agency uses to administer its customs and travel operations. They also provide CBSA partners and the public with guidelines and general information on its activities that support the free flow of legitimate trade and travel.
Title, D memo number, sections include: Legislation, Guidelines and General Information, Sections on Specific items related to interpretation of the regs, Fees, Additional Information, References https://cbsa-asfc.gc.ca/publications/dm-md/d1/d1-6-1-eng.html

Question 6

What is the BNA?

Answer 6

British North America Act 1867; British Parliament passed the BNA, which is the foundational document of Canada and law that created the Dominion of Canada (united upper/lower canada - now QC & ON, and NS/NB into a new Political entity)

Question 7

What is the BNA now Called

Answer 7

Constitution Act, 1867

Question 8

What did the Constitution Act, 1867 do?

Answer 8

set legal ground rules for Canada’s self government and divided federal from provincial powers

Question 9

What did Constitution Act, 1867 later get called and do?

Answer 9

Constitution Act, 1982 - it granted Canada full independence from Britain and incorporated the Canadian Charter of Rights and Freedoms

Question 10

Who makes law/legislaton in Canada?

Answer 10

The power to make law, or legislation, is vested in the Parliament of Canada

Question 11

What are the 3 components of Canadian Parliament?

Answer 11

1. the elected House of Commons (Lower House), 2. appointed Senate (Upper House, 3. King of Great Britain represented by the Governor General

Question 12

Ture or False; The consent of all three bodies (House, Senate, Gov Gen) is required for the passage of legislation in Canada?

Answer 12

True

Question 13

What is the Role/responsibilities of the Prime Minister (PM)?

Answer 13

Role: Head of Government; Carbinet leader, Member of Parliament (MP)
Responsibilities: guides government Policy, determines agenda/selects Cabinet (MPs)

Question 14

What is the Role/responsibilites of the House of Commons?

Answer 14

Role: Canada’s Federal Elected Body made up of 338 constituencies each represented by an MP (member of Parliament)
Responsibilities: the MPs are part of an ongoing process to propose, discuss, study, revise and vote on legislation

Question 15

What is the Role of the Cabinet and who chooses the Cabinet and what is its make up?

Answer 15

The Cabinet is the body of ministerial advisors that sets the federal government’s policies and priorities for the country; chosen by the Prime Minister officially appointed by the Governor General; the Cabinet is made up of MPs and it is customary to choose a minister from each province (though in some cases senators may be included)

Question 16

What is the Role/responsibilities of the Senate?

Answer 16

Role: 105 Senators appointed by the Gov General (with advise from PM) who represent the Canadian Provinces, regions/territories.
Responsibilities: debate current issues, introduce, consider and propose amendment to current legislation

Question 17

What is the Role/responsibilities of the Governor General?

Answer 17

Role: King’s Representative in Canada (appointed by the King of Britain with advise from the PM)
Responsibilities: granting royal assent to acts of Parliament, appointing member of the Privy counsel, signing official documents such as Orders-in-Council

Question 18

What is the Role/responsibilities of the Privy Council (King’s Pivy Counsil of Canada)?

Answer 18

Role: to advise the Crown (created under Constitution Act, 1867)
Responsibilities: provide non-partisan advice to the Prime Minister and Cabinet
Made of: Members include the Chief Justice of the Supreme Court, provincial premiers, former and present federal cabinet ministers, and Speakers of the House of Commons and Senate.

Question 19

What is a Bill?

Answer 19

a bill is what eventually becomes an Act or Statute of Canada, and originate in the House of Commons (prefix of ‘C’ attached to bills name) but also sometimes the Senate (prefix of ‘S’ attached to the bills name)

Question 20

What is the key difference b/w the responsibilities of the House of Commons and the Senate?

Answer 20

any bills involving public revenue or tax must begin at the House of Commons

Question 21

What are the three stages (readings) that a bill must pass through both in House of Commons and Senate? And how is a bill finalised?

Answer 21

1. First Reading: bill is introduced; 2. Second Reading: bill is reviewed and referred to a committee which brings the bill back with any suggestions for change, and MPs/Senators can propose any additional changes at this stage; 3. Third Reading: involves a debate and vote where if accepted the bill is sent to either the House or Senate depending on which body had not yet reviewed it.
   Once accpeted by both House and Senate it is pushed through to the Governor General and given Royal assent, formally becoming a Law (law/act/statute - used interchangeably in Canda)

Question 22

What is the key difference b/w a statute and a regulation?

Answer 22

Statutes tend to state broad principles whereas regulations elaborate on the details that explain the broader principles in the enacting statute.

Question 23

What are some key characteristics of a regulation?

Answer 23

legally binding, rules that apply in general, NOT made by Canadian Parliament, delegated by an Act

Question 24

What are enabling Acts?

Answer 24

Acts that authorize the making of regulations

Question 25

What is an Act?

Answer 25

sets out the framework of a regulatory scheme and delegates the authority to develop details and express them in regulations (example The Customs Act gives power to Minister of Public safety to specify regs on import of prohibited goods)

Question 26

What are the 4 stages of creating a regulation?

Answer 26

1. Analysis/Regulatory Proposals: relevant orgs in the gov conduct an analysis for regulatory proposals (may seek stakeholder engagement to refine policy approaches), 2. a) Draft Regulation: developed by the Department of Justice in accordance with the written instructions provided by the relevant organizations, b) Review/Approval:The Minister, for Ministerial regulations, or the Treasury Board, for Governor in Council regulations, reviews and approves the draft regulations for publication, with or without change., 3. Publication: Canadian public can review, comment and this feedback is considered in any updates to the regs, 4. Final Review/Approval: The Minister or the Governor in Council reviews/approves, The regulations are finalized once the Minister or Governor General signs the regulations’ covering order. The final regulations are then published, and come into force on the day set out in the regulations.
   https://canada.justice.gc.ca/eng/laws-lois/infograph.html

Question 27

True or False? Regulations must stay within the scope of the authority granted by the enabling Act and may not conflict with it, restrict it, or extend the scope of its application.

Answer 27

True

Question 28

What two acts define the key constraints placed on creating regulations?

Answer 28

Statutory Instruments Act and the Statutory Instrument Regulations.

Question 29

What are the three basic legal requirements for making regulations?

Answer 29

1. Legal Examination, 2. Registration, and 3. Publication (in the Canada Gazette)

Question 30

What is the registration process?

Answer 30

1. Transmission of Regulations: within 7 days of their making the reg must be transmitted to the clerk of the Privy Council, 2. Recording of Info: a) Regulations - clerk records title, name of the regulation-making authority, source of the power to make the regulation, date of making, date of registration, assigns it a number preceded by “SOR” b) Other Docs - much of the same info but number preceded by “SI”

Question 31

What are the Statutes of Canada (S.C.)?

Answer 31

a compilation of all the Canadian Federal laws that have passed parliament since 1867 (maintained on Department of Canada’s website - regs are there organized under their enabling acts)

Question 32

What are the Revised Statues of Canada (R.S.C.)?

Answer 32

consolidation of all Statutes of Canada, last revised 1985 provides all legislation, including amendments, given royal assent up to Dec 31, 1984 (called Statues of Canada 1985, 8 volumes, came into force Dec. 12, 1988). Amendments to existing laws and new public general acts after that date are published in annual supplemental volumes

Question 33

True or False? When a revision to the R.S.C. is complete, the R.S.C. is proclaimed in force and former editions are repealed.

Answer 33

True!

Question 34

Citing Legislation example: Customs Act, including amendments

Answer 34

***When citing legislative references, the name of the Act and the last Revised Statutes of Canada (R.S.C.) in which it was printed is quoted first.

R.S. 1985, c. 1 (2nd Supp.), as amended by R.S. 1985, c. 26, 41 (3rd Supp.); R.S. 1985, c. 1, 47 (4th Supp.); 1988, c. 65; 1990, c. 8, 16, 17, 36, 45; 1992, c. 1, 28, 31, 51; 1993, c. 25, 27, 28, 44; 1994, c. 13, 37, 47; 1995, c. 15; 41; 39; 1996, c. 16, 31, 33; 1997 c. 14, 18, 36; 1998, c.7; 1998, c.19; 1999, c. 3; 1999, c. 17; 2000, c. 12; 2000, c. 30; 2001, c. 16; 2001, c. 17; 2001, c. 25; 2001, c. 26, 2001, c. 28; 2001, c. 32; 2001, c. 41; 2002, c. 8; 2002, c. 22; 2005, c. 38; 2007, c. 18; 2008, c. 6; 2009, c. 6; 2009, c. 10; 2010, c. 4; 2010, c. 12; 2010, c. 25; 2012, c. 18; 2012, c. 19; 2012, c. 26; 2012, c. 31; 2013, c. 40; 2014, c. 14; 2014, c. 20; 2014, c. 28; 2014, c. 32; 2015, c. 20; 2015, c. 27.

Question 35

What is an Order-In-Council (OIC)?

Answer 35

type of legislation made in the name of the King (Kings rep in Canada Governor General)

Question 36

What is the key difference b/w an Act/Statue and an OIC?

Answer 36

they do not start out as bills in the House/Senate, nor discussed by Parliament prior to approval,

Question 37

What is the process to create/approve an OIC:

Answer 37

made on the recommendation of the responsible Minister (may start out based on memoranda, correspondence, and petitions), once proposed are sent to the Privy Council Office, OIC is then approved (if power exists by law to do so and its in interest of the country), then sent to Canada Gazette for Publication, and once signed by Governor General have the force of law

Question 38

OIC Registration: how is an OIC numbered

Answer 38

according to the year they were submitted and their rank in the year (order it was submitted in I believe)

Question 39

What is the Canada Gazette and when was it established?

Answer 39

official newspaper of Government of Canada, established 1841, publishes new statutes, proposed regulations, and various public & government notices

Question 40

How many parts are there to the Canada Gazette?

Answer 40

3

Question 41

What are the 3 parts?

Answer 41

Part I: Orders in Council, proclamations, public notices, proposed regulations –> published weekly
Part II: contains regulations and any other statutory instruments that have been enacted –> published weekly
Part III: Acts of Parliament that have been given Royal Assent. –> published as soon as possible after Royal Assent

Question 42

What is ‘Pre-Publishing’ of proposed regulations in Part I of the Canada Gazette?

Answer 42

when proposed regulations are published in the Canada Gazette for interested parties to review and provide comment (time for comment usually 30 days).
A Regulatory Impact Analysis Statement (RIAS) is posted with it

Question 43

Is pre-publishing for proposed regulations sometimes imposed by the enabling Act?

Answer 43

Yes

Question 44

What is an RIAS and what does it include?

Answer 44

Regulatory Impact Analysis Statement is published alongside the pre-published proposed regulations in Part I of the Canada Gazette, and it outlines the problems that a proposed regulations will address and why the government is intervening, often includes a cost/benefit analysis, describes the stakeholder consultations that have taken place, and the strategy for compliance/enforcement of the proposed regulations

Question 45

What are the purpose of Policies?

Answer 45

to provide clarification on regulations and avoid misinterpretations, these reflect the governing department or agency’s interpretation of the law

Question 46

true or false - appeals often stem from disagreements with a particular government policy.

Answer 46

true

Question 47

what is the process of an appeal arising from a policy interpretation?

Answer 47

1. heard by commissions or courts, which are separate from government departments or agencies.
2. Decision made
3. Decisions of commissions and courts may be appealed to higher courts
4. if the appeal is successful, a policy change must be made to comply with the decision of the higher court.

Question 48

What is a D Memo

Answer 48

Import/Export Policy: stands for departmental memoranda - interpretation of import/export acts/regs published by Canada Border Services Agency
example: D1-6-1 Authority to Act as an Agent

Question 49

What is a Customs notice

Answer 49

Policies can also be published as Customs Notices. A Customs Notice is a way to get information from the CBSA to interested parties quickly and it is intended that the information contained in a Customs Notice will be subsequently published in the relevant D Memo.

Question 50

Key Points in Part 2 Lesson 1

Answer 50

Key points covered in this module:

in 1867, the British Parliament passed the British North American Act, 1867 (BNA), the foundational document of Canada and the law that created the Dominion of Canada;
the BNA became known as the Constitution Act, 1867;
the Constitution Act, 1982, granted Canada full independence from Britain and incorporated the Canadian Charter of Rights and Freedoms;
in Canada, the King’s authority is delegated to the Governor General;
the power to make law, or legislation, is vested in the Canadian Parliament;
Parliament consists of the elected House of Commons (Lower House), the appointed Senate (Upper House) and the King, represented by the Governor General;
consent of the House of Commons, Senate and the King are required in order to pass legislation;
Acts and statutes all begin as bills and can originate in either the House of Commons or the Senate;
bills that involve public revenue or the imposition of any tax must originate in the House of Commons;
all bills must pass through three readings in the House of Commons and the Senate;
once a bill is approved, Royal Assent is requested;
statutes tend to state broad principles whereas regulations elaborate on the details that explain the broader principles in the enacting statute;
regulations and OICs are not debated by Parliament;
regulations and OICs have the force of law;
the Statutes of Canada (S.C.) are a compilation of all federal laws of Canada that have been passed by Parliament since 1867;
the Revised Statutes of Canada (R.S.C. or R.S.) are a consolidation of all Statutes of Canada since its last revision;
proposed regulations are included in Part I of the Canada Gazette;
Parts I and II of the Canada Gazette are published weekly;
policies are intended to clarify the various Act and regulations;
policies respecting the importation and exportation of goods are usually published by the CBSA in a D Memo; and
The CBSA policies can also be published in a Customs Notice and later incorporated into the appropriate D Memo.

Question 51

What are the D Memo Operational Groups

Answer 51

Operational groups
Note: Memoranda marked “Non-CBSA” may contain outdated information.

D1 to D23 – All groups
D1 – General
D2 – International Travel
D3 – Transportation
D4 – Warehousing, Duty Free Shops and Ships Stores
D5 – International Mail
D6 – Refunds
D7 – Duty Deferral Programs
D8 – Remissions and Temporary Importation
D9 – Prohibited Importations
D10 – Tariff Classification – Commodities
D11 – General Tariff Information
D12 – No valid memoranda in this series
D13 – Valuation
D14 – Special Import Measures Act
D15 – No valid memoranda in this series
(Note: for SIMA information go to Measures in Force)
D16 – Surtax
D17 – Accounting and Release Procedures
D18 – Excise Goods
D19 – Acts and Regulations of Other Government Departments
D20 – Exportations
D21 – International Programs
D22 – Administrative Monetary Penalty System (AMPS)
D23 – Trusted Traders