Ministry of Environment Policy and Legislation Development Process
How is Policy and Legislation developed in the Ministry of Environment?
Why does it often take so long to develop policy and legislation?
Understandably, these are two very common questions posed to many ministries. The general process to transform policy into law is universal throughout all BC Government ministries. Timing is largely dependent on the time it takes to meet BC Cabinet* requirements and the Legislative Calendar.* Timing is also dependent on the complexity of the issues surrounding each new proposed policy or piece of legislation. Given the diversity of the ministry’s issues and the varied degree of complexity in their resolution, the time to develop policy and legislation differs with the amount of research and consultation needed to determine if a new policy or legislation is even appropriate to address a problem and, if so, what its content should be.
The following is a very brief overview of policy and legislation development in the Ministry of Environment. Each stage in the development process is described from - identification of a problem – to proposing a solution - to the proposal becoming law – for those policies or decisions where legislation is required to implement the policy.
While the time it takes to develop policy and legislation cannot be predetermined, the following gives a sense of the number of people involved in the process including:
- ministry stakeholders, ministry staff, management and the Minister;
- Caucus Committee on Natural Resources;
- Treasury Board;
- Ministry of Attorney General;
- Legislative Counsel, BC Cabinet, Legislative Assembly and the Lieutenant Governor.
Overview of Ministry of Environment Policy and Legislation Development
Developing policy and legislation involves five key stages each requiring a great deal of research, consultation, analysis and time depending on the complexity of the issues and the impact it has on the ministry’s stakeholders.
Ministry policies do not necessarily require legislation to implement them. Policies can become strategies, plans, guiding principles, a course of action or guidelines and procedures - all of which do not require legislation. Those policies that do become law are codified in a manner which gives legal effect to government policy in a form that clearly communicates the policy to those that must adhere to it and to those who are required to administer it.
For those policies that are destined to become legislation, each stage in the development process must be must be approved before the next stage is initiated.
Click on diagram for larger version.
Stage 1: Identifying the problem and determining potential solutions
To initiate the policy and legislation development process, an issue or problem arises to which the ministry must determine an appropriate solution. Issues may be identified by the ministry, other Ministers or ministry stakeholders.
Due to the complexity and variety of issues, the time it takes to complete the necessary research and consultation typically varies from one legislation initiative to another. The expected and potential impacts of the proposed policy or legislation on MOE stakeholders must be considered. Stakeholders include: other levels of government, other ministries, industry, First Nations, non-government organizations and the general public.
Stage 1, in general, includes:
- reviewing authorizations in other jurisdictions
- meeting with stakeholders
- completing site visits
- preparing an intentions paper for additional consultation
- reviewing stakeholder responses
- resolving outstanding issues through research, workshops or further consultation meetings
- developing a policy
If it is deemed appropriate to proceed with legislation, the ministry will then prepare a request for legislation.
Stage 2: Request for Legislation (RFL)
The form and content requirements for an RFL are established by the Cabinet Operations Office.*
An RFL requires:
- a summary of the proposed legislation and the issues it is intended to address
- a brief legislative history
- the consultation responses to date including those in agreement with the proposed legislation and those opposed
- any additional consultation needed
- drafting instructions
Stage 3: Drafting Legislation
After an RFL is submitted to the Cabinet approval process,* the ministry must schedule the RFL for discussion at a meeting of the Government Caucus Committee on Natural Resources.* The Minister will then present a document that deals with the specifics of the proposed legislative changes. The format for this document is also established by Cabinet.*
Treasury Board* staff in the Ministry of Finance will also review the RFL to assess the anticipated impact of the proposal on the financial position of the Province.
Stage 4: Drafting Instructions
After Cabinet has approved the RFL, Legislative Advisors in the sponsoring ministry -- in consultation with program staff in the ministry -- will work with Legislative Counsel* to prepare draft legislation for Cabinet approval. The development of legislation is a joint exercise involving several team members from inside and outside the ministry -- the ministry does not determine the content of the legislation on its own.
Stage 5: Legislation becomes Law
When the draft legislation is complete, it must be approved by the Minister and then submitted to Cabinet for approval. Cabinet will determine whether the draft legislation is approved to proceed in the upcoming legislative session* and what priority it should be given. The Ministry of Environment does not have control over the timing of the introduction of draft legislation or over the timing of the legislation’s enactment into law once debate is complete. The Legislative Calendar* is determined outside the ministry and is based on the priority of the RFLs submitted to Cabinet.
When the ministry is notified that the draft legislation can be presented, the Bill* is introduced in the Legislative Assembly* by the Minister through a series of three Readings.* The Bill will be discussed and debated over the course of the three readings. Timing for these readings varies greatly depending on other matters being presented to the Legislative Assembly.* The government House Leader decides when a Bill is introduced and the timing for the successive stages of debate. Several days or a few weeks can go by between readings.
Details of individual provisions in the Bill are debated in Committee Debate, a committee of the House that convenes between Second Reading and Third Reading. A “Third Reading,” the motion to declare the proposed legislation an Act can be debated further. If the Bill is passed at Third Reading by a vote of the House, the Bill then proceeds to Royal Assent by the Lieutenant Governor* -- at this stage it becomes enacted into law or becomes an Act.*
Notes
To find out more about B.C.’s Legislative Assembly including its members and how it makes Laws see:
To find out more about Laws and Regulations see:
If you have any further questions, please contract the Strategic Policy Division at
(250) 387-9666.
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