RECOMMENDATION OF THE TREASURY BOARD

Sometimes an enabling statute specifies that the Governor in Council may make regulations on the recommendation of the Treasury Board (a committee of Cabinet).^[1] In this case, the recommendation must be made in order for the power exercised by the Governor in Council to be valid.^[2] The recommendation must be mentioned in the executive order.

Even if the enabling statute makes no mention of it, the recommendation of the Treasury Board is sometimes required to enable the Board to fulfil its responsibilities under the Financial Administration Act for resource allocation, expenditure management, sound financial and personnel management and the administration of government.

It is up to the regulatory department or agency to determine whether a submission to Treasury Board is required under Treasury Board policy. If so, the Treasury Board recommendation should be mentioned in the executive order, although its inclusion is not mandatory.

If there is any doubt, the sponsoring department or agency should consult the appropriate branch of the Treasury Board Secretariat to determine whether a submission is to be made to Treasury Board.

Treasury Board submissions of regulations that may have significant financial implications or that, by virtue of their enabling statute, require Treasury Board approval or recommendation are listed under Part A of the Treasury Board Meeting Agenda. (Regulations and orders that are submitted to Treasury Board when it is acting on behalf of Cabinet are listed under Part B of the Treasury Board Meeting Agenda.)

SOURCES:

1. Policy on Service Standards for External Fees, Treasury Board Secretariat, November, 2004.

2. Regulatory Process Guide: Developing a Regulatory Proposal and Seeking its Approval, Privy Council Office, Regulatory Affairs Secretariat, June, 2004.

3. Governor in Council Process Guide: Developing a Proposal Seeking the Approval of an Order by the Governor in Council, Privy Council Office, Regulatory Affairs Secretariat, July, 2004.

Part 4 – Table of contents

Footnotes

• ^[1] See section 5 of the Financial Administration Act.

• ^[2] John Mark Keyes, Executive Legislation (Toronto: Butterworths, 1992) at 67.