Transport committee  It depends. I don't know how many people are reading the Canada Gazette, part I.

Transport committee  Mr. Chair, as I mentioned earlier, when you have two groups of stakeholders and two regulators on both sides of the border coming to agreement very early in the regulatory process on an acceptable set of standards, and when you get to the point where you might have given notice for people who didn't know about it, there are very few people who don't know about it at that stage.

Transport committee  I can't speak for the U.S. process, Mr. Chair.

Transport committee  Yes. Mr. Chair, it's true that the vast majority of federal legislation that enables the making of regulations does not contain a mandatory prepublication requirement. The practice existed to a greater extent before the first federal regulatory policy enacted in 1986 by the Mulroney government.

Transport committee  Absolutely. The other thing, too, is that we must not presume that notice in the Canada Gazette, part I, is actually consultation. It is merely a notice that the government proposes to take action. The real consultation takes place before the fact through formal committees and through notices in newspapers.

Transport committee  That's correct. Nowhere is it more true than in the case of an RCC regulatory project, because under the model being proposed by the RCC, stakeholders on both sides of the border would meet simultaneously with regulators on both sides of the border and jointly create the regulations that will be aligned ultimately and enacted through their respective executive regulation-making authorities.

Transport committee  There are. There are, in fact, the standing consultation committees on both sides of the border, where we're often dealing with the same issues. The department will put out notices sometimes in newspapers, sometimes in the Canada Gazette , part I, that it is launching a process to study regulations.

Transport committee  Under the federal regulatory process, departments, at the outset, when they're getting ready to do a regulation, go through what's called a triage of the proposal. During that process they examine the environmental, economic, and social impacts. On the basis of pre-established criteria, that indicates to the regulatory department the extent to which the cost benefit should be done.

Transport committee  Correct. Mr. Chair, one of the things that we don't see when we remove this provision is that the Minister of Transport, for example, can recommend one of two things to the Governor in Council. She can recommend that something be exempted from prepublication, but at the same time, she can recommend that it be prepublished.

Transport committee  In answer to your question, I will say that the regulatory process provides for the publication of a draft regulation. Only in exceptional cases will regulations be exempted from prepublication.

Transport committee  That is decided according to criteria established by cabinet.

Transport committee  There is one thing I would like to add. These changes are being made in the context of new agreements for regulatory collaboration between Canada and the United States. The current regime is as follows: in the United States, stakeholders are consulted, then a regulation is adopted; in Canada, stakeholders are consulted, a regulation is adopted, and then these regulations are not—

Transport committee  Under the new agreements, Canada and the United States will be working on very specific items that are advantageous for Canadian stakeholders and consumers—

Transport committee  I was going to say that the draft regulations both countries will be working on will deal specifically with initiatives that are highly likely to lead to positive outcomes from an economic and a safety perspective.

Transport committee  Okay. Actually, the cabinet directive on regulatory management already requires prepublication of regulations in the Canada Gazette, part I. The reason for eliminating this requirement is that one already exists in cabinet policy. Canadians would still receive notice of proposed regulations when cabinet directs that regulations that are particularly significant are proposed for enactment.