101

Lesson 2:

How Laws are Turned into Rules and Regulations

The Influence of Laws

Laws are interwoven into the fabric of our daily lives. Whether it’s mundane activities like driving or significant life events such as marriage, laws play a crucial role. These legal frameworks not only facilitate a harmonious society but also uphold individual rights and the societal order. At the heart of Canada’s legal heritage lie foundational principles such as the rule of law, freedom, democratic values, and mutual respect.

Indigenous Legal Contributions

Traditional Indigenous practices have enriched the Canadian legal landscape, introducing alternative methods like healing circles, community justice, and restorative justice. Initiatives like the Indigenous Justice Program amplify Indigenous voices, empowering them to shape justice in their communities.

Regulations – A Necessity for Complexity

Given the intricacies of modern society, it’s impractical for legislative bodies to dwell on every minute detail of laws. As a solution, Parliament and provincial/territorial legislatures empower specific departments or entities to frame regulations. These regulations, while elaborating or implementing general laws, hold the same weight as them. Examples include guidelines on food safety or the appropriate storage mechanisms for oil products.

Decoding the Legislative Process

At its core, legislation provides the rules governing conduct. To get the stamp of law, it has to navigate the corridors of Parliament. Presented as bills, these proposals can introduce, modify, or abolish laws.

The Canadian legislative machinery comprises three pillars:

• House of Commons: The elected lower chamber.
• Senate: The appointed upper chamber.
• Monarch: Represented in Canada by the Governor General, they function as the Head of State.

A collective effort from these entities is instrumental in crafting new laws.

In Summary for municipal managers, a grasp of Canada’s legal system and legislative process is essential. It offers a lens to understand the interplay of laws, regulations, and cultural nuances, ensuring informed decision-making.

The Regulatory Process and your Role as a Public Works and/or Housing Manager

In Canada, both formal regulators and various management roles play pivotal roles in ensuring standards and regulations are met across different sectors.

Regulators rely on Canada’s standardization network to meet their mandates and policy objectives for public and environmental safety, economic development, and competitiveness. They are responsible for setting and overseeing the adherence to standards and regulations within specific sectors.

However, roles such as public works managers, housing managers, and Indigenous community-based managers, while not regulators in the strictest sense, still interact significantly with the regulatory framework. For instance, public works managers oversee projects to ensure they comply with relevant standards. Housing managers might ensure properties meet specific housing standards, and Indigenous community-based managers often collaborate closely with their communities to align projects with both external regulations and internal community values.

Within this ecosystem, regulators are key players in the standardization system, performing tasks such as:

• Participating in the development and maintenance of domestic and international standards.
• Identifying standardization needs.
• Referencing standards and assessing conformity requirements in regulation.
• Applying standards for conformity assessment (i.e., certification) as part of regulatory enforcement and monitoring.

Government and regulators use standards and conformity assessments to set and support policy and regulatory requirements. The SCC (Standards Council of Canada) collaborates with regulators to create accreditation schemes around these requirements. In sync with internationally recognized processes, conformity assessment bodies (CABs) use these schemes to verify industry compliance. By leveraging the industry-driven standardization system, this approach amplifies the effectiveness of regulations, cuts costs for both government and industry, and offers consumers added assurance.

Regulators and Indigenous Communities

In the formal sense, a regulator in Canada is a governmental entity or authority, either federal or provincial, that is responsible for supervising, controlling, and setting rules and standards within specific sectors or areas of activity. Regulators have the authority to establish, monitor, and enforce standards and regulations within their designated areas. However, Indigenous communities in Canada have unique governance structures and legal traditions. Their rights and governance processes are embedded in the Constitution of Canada, various treaties, court decisions, and other negotiated agreements. Here are some of the regulators that public works and housing mangers could be a part of and interact with in their communities:

1. Self-Governance Agreements
   Some Indigenous communities have entered into self-governance agreements with the Canadian government that grant them the authority to regulate specific areas, often encompassing areas like education, health, social services, and more. The specific regulatory powers depend on the terms of the individual agreements.
2. Band Councils
   Under the Indian Act, Band Councils are elected bodies that have certain delegated regulatory powers on reserves. Their authority can encompass a range of local governance matters, from housing to local infrastructure, though it operates under the framework set by the Indian Act.
3. Indigenous Legal Traditions and Customary Law
   Beyond Western-style regulations and laws, many Indigenous communities continue to apply their own customary laws and traditions in various areas of governance and conflict resolution. These might not be “regulatory” in the Western sense but are foundational governance tools in many communities.
4. Land Code
   Under the Framework Agreement on First Nation Land Management, some First Nations have developed their own land codes that allow them to opt out of the land management sections of the Indian Act. This gives them the authority to regulate land use, environmental protection, and resource development on their lands.
5. Indigenous Justice
   Some Indigenous communities have developed their own justice systems and practices that run parallel or complementary to the Canadian justice system. These might include healing circles, restorative justice practices, or community-based sentencing.
6. Tribal Councils and Associations
   These are larger bodies that might represent several communities or nations. They might not be regulators per se, but they can play a role in setting standards or guidelines for their member communities.