Since we are reviewing the Transportation of Dangerous Goods Act, 1992, there is a high probability that some proposed solutions will bring about amendments to the TDG Act.
If that is the case, then the process is quite rigid. The Director General will prepare recommendations to the Minister in order to convince the Minister that a request for legislative amendment is justified. Among other things, this document will have to describe all other solutions that have been considered before concluding that it is necessary to amend the TDG Act.
If the Minister agrees, then we prepare, on his behalf, a Memorandum to Cabinet (MC) where the Minister explains to other members of Cabinet why it is necessary to amend the Act. The MC must explicitly describe the impacts of the proposed amendments on the application of the Act, on public safety, on the environment, on the economy, on industry, on intergovernmental an international relations, on Canadians’ quality of life and so on.
In addition, the MC must explain how we made sure that the proposed amendments are not in conflict with other legislation or other programs and that we have obtained acceptance from other departments. Because of that, very detailed consultation with all federal departments will be conducted.
The objective of the MC is to convince Cabinet that modifications are necessary. If Cabinet agrees, it asks the department of Justice to prepare a Bill to amend the TDG Act.
When the Bill is introduced in Parliament, it must be passed by both Houses (Commons and Senate). Both Houses follow their established procedures (three readings, committee study) which includes a consultation process by each Committee involved. It may then be possible for individuals to have another opportunity to comment before proposed amendments are passed (or rejected).
If the Bill is passed by both Houses, it is presented to the Governor General for Royal Sanction. The amended act is comes in force as it receives Royal Sanction (unless the Bill states a later date for coming in force).
At that stage, we begin collecting comments for the next review cycle.