Evaluation method for bills and draft regulations

The Secrétariat du Comité ministériel de la prospérité économique et du développement durable uses the following system for assessing draft bills and regulations submitted to Cabinet, which have an economic impact on business.

1. Nature of the problem

• What is the nature and scope of the problem?
  - from a citizen or client perspective as opposed to a government point of view;
  - in terms of its relevance to the ministry or agency’s mission.
• How important is the problem compared to the situation in other provinces and countries?
• What causes the problem?

2. Objectives of the bill or draft regulation

3. Possible solutions

• Can the problem be resolved without recourse to legislation or regulation?
• How is the problem handled by our main colleagues and competitors?
• Have other solutions been considered, such as regulation by objectives?
• Have all drawbacks been measured as well as costs related to regulatory solutions?
• Have requirements been tailored to the size of business, such as SMEs?
• Has it been demonstrated that the pros outweigh the cons?
• Have administrative requirements regarding permits, deadlines, formalities, inspections and reports, for example, been strictly limited (concept of absolute necessity)?
• Has the ministry or agency balanced the draft legislation’s administrative requirements with the cancellation of an equivalent amount of formalities imposed on business?

4. Repercussions on business

• What businesses are affected: number, size, industry, etc.?
• Over what duration will the new requirements be applied?
• What is the cost to business?
  - Less than $1 million?
  - Between $1 million and $10 million? (Is the declaration of regulatory impact attached?)
  - More than $10 million? (Is the analysis of regulatory impact attached?)
• Can the market absorb the cost increase to business?
• How many jobs are at stake?
• If the cost to business is more than $10 million, has the ministry or agency planned an evaluation or review mechanism for the new regulation five years after it takes effect?

5. Results of consultations with internal and external clients