FEDERAL REGULATIONS MANUAL

INTRODUCTION

This manual is intended for everyone involved to a greater or lesser extent in developing regulatory texts within the framework of federal legislation, whether this involvement consists in developing policy, drafting a text, examining a text as a lawyer of a regulatory department or agency, or conducting the final review. It covers all aspects of the process whereby federal regulations are developed.

The manual has been prepared by members of the Regulations Section, Legislative Services Branch, Department of Justice. In particular, we would like to acknowledge the contribution made by the legislative editors and jurilinguistic revisors of the Section in sharing their linguistic and drafting expertise with respect to regulations.

The manual is divided into five parts:

• PART 1: Federal Regulations and the Regulations Section — An Overview
• PART 2: The Regulatory Process
• PART 3: How to Give Drafting Instructions
• PART 4: Drafting and Format Rules
• PART 5: Developing Regulations: The Basic Steps and the Plain Language Approach

Part 1 discusses federal regulation-making in the context of federal legislation, and explains the role played by the Regulations Section in this regard. It also lists the services that the Section provides to regulatory departments and agencies.

Part 2 discusses the regulatory process as it was established by the Statutory Instruments Act. This Act, which came into force in 1972, is the framework legislation that makes the examination, registration and publication of regulations mandatory. The various stages of the process are reviewed, and practical examples and explanations of exceptions are provided.

The information in Part 3 is for regulatory departments and agencies that choose to give instructions to Regulations Section drafters instead of drafting regulations themselves. On the basis of such instructions, drafters can draw up texts that will have the desired effect.

For anyone drafting a regulation or reviewing it at any stage in the process, Part 4 is a practical tool that sets out the applicable federal drafting conventions. Headings are listed in alphabetical order for ease of consultation, and a number of examples are given.

Part 5 consists of a text that was written in co-operation with the Regulatory Affairs Division of Treasury Board as part of a pilot project on plain language. It highlights all the phases in the development of a regulation, from its conception to its making. It also provides information on usability tests and on new trends in plain language, and references to more specialized texts.

We hope you will find the manual to be a most helpful tool, and we invite you to send your comments and suggestions to the following address:

Chief Legislative Counsel
7th Floor
275 Sparks Street
Ottawa,
Ontario
K1A 0H8

Telephone: (613) 954-5786
Fax: (613) 952-4080

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