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The 2014 Guidance for the Preparation of TB Submissions includes a revised submission form, the roles and responsibilities of stakeholders, enhanced guidance on costing, tools for submission writers and new service standards for submissions. Departments and agencies have until April 1, 2014, to fully implement the updated guidance.
However, as communicated in the Guideline on Chief Financial Officer Attestation for Cabinet Submissions, a CFO Attestation letter must be annexed to all submissions that have financial implications, effective January 1, 2014.
An order in council (OIC) is an instrument that serves notice of a decision made by the executive arm of government. The Governor in Council, namely the Governor General of Canada acting on the advice of the Queen's Privy Council for Canada, approves OICs. In certain instances, the Treasury Board Committee considers GIC submissions and fulfils the role of Committee of the Privy Council (CPC). The recommendation of the Treasury Board as a separate Cabinet committee may also be required.
There are four categories of OICs for which the recommendation of the Treasury Board is required:
The sponsoring organization should consult the Treasury Board of Canada Secretariat analyst to determine whether an OIC requires the Board's recommendation and, consequently, a submission seeking it. This must take place before submitting an OIC to the Privy Council Office.
It should be noted that, should a submission be required, it must include a proposal on the OIC.
This information applies to both Governor in Council and ministerial regulations that by statute require the recommendation of the Board. It also applies to submissions that, in the judgment of the Secretariat, require Board recommendation so that the Board may fulfill its responsibilities under the Financial Administration Act or other statutes in relation to resource allocation and management issues.
Once the two blue‑stamped regulations have been received from the Legislative Services Branch of the Department of Justice Canada, the sponsoring organization may proceed to obtain the recommendation of the Board. To this end, the organization must submit the Treasury Board submission package and the regulation proposal package (for ministerial regulations) or Governor in Council submission as separate items to the Treasury Board Submission Centre of the Treasury Board of Canada Secretariat.
The Treasury Board submission package in both official languages should include the original submission, a copy of the OIC, the Regulatory Impact Analysis Statement (RIAS) signed by the sponsoring minister, one photocopy of the blue-stamped proposed regulations, and the communication plan. The original regulatory package must be sent to the attention of the Assistant Clerk of the Privy Council. (Note: Under the Statutory Instruments Act, all regulations must be transmitted to the Clerk of the Privy Council.)
The regulatory proposal package (for ministerial regulations) or Governor in Council submission should include the letter of transmittal to the Assistant Clerk of the Privy Council, the ministerial recommendation, the notice of prepublication, the OIC, the proposed regulations, the RIAS signed by the sponsoring minister(s), any supplementary note, the communication plan, and the request for insertion in the Canada Gazette.
There is a specific process for regulatory submissions. Please consult the Regulatory Process Guide regarding the submission process, contents, and language requirements.
For the other types of OICs where the Treasury Board has been delegated authority to act as the Governor in Council, including:
the packages (required in both official languages) should include the original Treasury Board submission, the OIC, the background note (specific to the OIC request), the explanatory note (mandate, program objectives), and the communication plan.
The following documentation is required with the Board submission (to be submitted to the Treasury Board Submission Centre of the Secretariat). Any questions should be directed to the TBSC.
For regulations (only the originals are to be sent to the Privy Council Office):
If regulations are to be published, original Request for Insertion in Canada Gazette
For non‑regulatory orders (e.g. approval of a corporate plan):
In all cases, the standard Treasury Board submission requirements must be followed with regard to stapling, hole punching, and providing the TBSC with the original signed submission and photocopies.