Canadian Stakeholders Have a Voice: Understanding the Consultation Process

by Leah Godin, Senior Regulatory Development Analyst, Civil Aviation Safety Regulatory Affairs Branch, Transport Canada

Canada is a democracy, and Canadians have an important role to play in the rulemaking process. It is in all our best interests to take an active role and participate where and when we can. Each of our unique voices can contribute perspective, knowledge and experience of what it means to call Canada home.

To better understand how your voice can be heard and how you can contribute to the development of the policies, rules and outcomes in Canada’s civil aviation sector, this article will outline:

• the key players in aviation rulemaking in Canada;
• an overview of how the Canadian Aviation Regulation Advisory Council (CARAC) is managed and how it functions on a day-to-day basis; and
• how you can contribute to important aviation regulatory initiatives that are led by Transport Canada Civil Aviation (TCCA).

Key Players

There are many, many contributors to a new standard or regulation being made (see the Infographic: How new laws and regulations are created outlining both the legislative and the regulatory process in Canada). This article will focus on the individuals and institutions that are required to make a change to the Canadian Aviation Regulations (CARs), such as the amendments that are proposed in the approach ban regulatory safety initiative.

The federal institutions, such as Transport Canada, follow the Cabinet Directive on Regulation, which sets out the Government of Canada’s expectations and requirements in the development, management and review of federal regulations. TCCA obeys the requirements listed in the Cabinet Directive on Regulation as a minimum standard.

There are many reasons why a regulatory change might be required; drivers for regulatory change led by TCCA are identified in the CARAC prioritization infographic.

Once the TCCA Safety Regulatory Affairs Branch is engaged, the following work has already been completed by policy and technical specialists:

• The issue that has been identified is clearly understood, well-researched, and a reasonable policy direction has been proposed; and
• The appropriate degree of stakeholder engagement has been identified^{Footnote 1}.

The TCCA Safety Regulatory Affairs Branch assigns a regulatory analyst who shepherds the file through the regulatory process with the collaboration of numerous specialists in TCCA. One of their first tasks is to engage the CARAC membership by publishing a Notice of Proposed Amendments (NPA) online. The NPA must include:

• the rationale for the proposed change;
• a list or description of the proposed amendments, with a description of how they would solve the issue; and
• the risk associated with the proposed solution and the potential cost to stakeholders and/or the Canadian public.

Comments received from stakeholders in response to the NPA are analyzed; each comment or question is considered by TCCA subject matter experts, and an appropriate response is carefully determined by a combination of research and discussions with both internal and external specialists and stakeholders.

Once issues raised at the NPA stage have been resolved (either through stakeholder engagement to mutual satisfaction or through TCCA consideration and acknowledgement of any residual risk), the Civil Aviation Safety Regulatory Affairs analyst prepares the draft regulations for pre-publication in the Canada Gazette, Part I. This preparation involves internal and external coordination and includes but is not limited to:

• completing a Regulatory Impact Analysis Statement (RIAS) that must be approved by Treasury Board of Canada Secretariat (TBS). The RIAS contains a cost–benefit analysis that must detail and explain the anticipated financial impact, along with the benefits that would result from the regulatory initiative.
• working with the Department of Justice (DoJ) on effective proposed regulatory text. The DoJ checks that the proposed text meets the bilingual and bi-jurisdictional requirements so that the regulations are effective in English and French and in both Canadian common-law and civil-law systems.
• ensuring that stakeholder comments and feedback have been considered, addressed and integrated into the new proposed rules where possible.

The draft regulations are then pre-published for public consideration consultation in the Canada Gazette, Part I. Stakeholders are able to see and comment on the draft regulatory text along with the RIAS, which explains how public feedback has been incorporated into the proposed regulatory changes.

The feedback received from the pre-publication in the Canada Gazette, Part I is dispositioned, and TCCA experts work with stakeholders to resolve any remaining issues. At this point in the process, preparation for publication in the Canada Gazette, Part II begins.^{Footnote 2}

The entire proposal must be reviewed and approved again by the DoJ and TBS (with any changes from pre-publication explained and justified). Before publication in the Canada Gazette, Part II, the Minister of Transport must approve and recommend that TBS consider the regulatory proposal. The regulatory proposal is considered by TBS and, if approved, the Governor in Council will review and approve the making of the final regulations.

Finally, the Standing Joint Committee for the Scrutiny of Regulations continuously reviews and scrutinizes government regulations and other statutory instruments.

CARAC

The CARAC is a group focused on creating and updating the CARs and Canadian standards. The group is a joint effort between Transport Canada and Canada’s aviation industry. The CARAC is managed by the TCCA Civil Aviation Safety Regulatory Operations Division, with the goal to inform interested members of the public and to connect aviation stakeholders with TCCA.

On a weekly basis, the Regulatory Operations Division updates the CARAC membership on consultations that are underway. They organize informational and participatory events, such as the 2023 CARAC Plenary in November.

Your Contribution

TC’s 2023-2024 Departmental Plan includes a commitment by TCCA to meaningfully engage stakeholders while working towards modernizing the CARs. This means engagement early in the regulatory process to signal check a proposed change to key stakeholders. This also means ensuring that voices from marginalized/racialized/ impoverished communities are also not only heard but encouraged to participate. In June 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act came into force. This legislation requires that departments not only actively consider the impact of regulatory proposals on these communities, but that they also engage with Indigenous peoples on matters that affect them and look for ways to work together to improve outcomes for everyone.

Get involved

• Join the CARAC membership and stay informed on matters that interest or impact you.
• Email your questions and comments to TC.CARConsultations-RACConsultations.TC@tc.gc.ca.
• Comment on NPAs that are available online.
• Comment on draft regulations that are pre-published in the Canada Gazette, Part I.
• Voice your opinion about matters that impact you and your communities.

Most importantly–stay safe

Leah Godin is a Senior Regulatory Development Analyst in the Civil Aviation Safety Regulatory Affairs Branch. Leah holds a Master’s Degree in Public Policy, Public Administration and Public Law and has 15 years of service with Transport Canada Civil Aviation.