I finally received a response back from the Minister of Transporation. As can be expected there was not much in the way of new information:
Response to Warren Christiani from James Bradley re E-Bike Regulations
I also made enquiries about the process that follows between the regulatory proposal and promulgation of the regulations to see if there were additional opportunities for input. The response from the Ministry on this enquiry is given below.
Bottom line is that there appears to be no further opportunities for input.
In this letter he suggests checking regularly on the ministry website at:
http://www.mto.gov.on.ca/english/dandv/vehicle/emerging
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Dear Mr. Christiani,
Thank you for contacting the Ministry of Transportation regarding the regulatory process.
Regulations are important tools made under the authority of a specific piece of legislation (e.g. the Highway Traffic Act). Legislation provides the broad legal authority for the government to act in a certain sphere of public life, while accompanying regulations provide the technical details and specifics that support the legislation (e.g. the Highway Traffic Act gives the Minister of Transportation the authority to set standards for traffic signs, while the regulations set out the actual size, colour and details of those signs).
Regulations are laws which can only be made when authorized by legislation, can include only matters defined within that statute, and can be made only by those authorized in the legislation. Usually this authority is given to the Lieutenant Governor in Council (LGIC), but sometimes it is given to a minister, other official, or body.
Regulations requiring LGIC approval (i.e. LGIC Regulations) need to be submitted to a Cabinet Committee, known as the Legislation and Regulations Committee (LRC), for consideration and approval. A Ministerial Regulation requires only the Minister’s approval. The following is a breakdown of the process involved in preparing a regulation for approval.
- The regulatory proposal is prepared by ministry and legal staff and takes into consideration any feedback received through stakeholder consultation and public input received through the regulatory and environmental registries. (Applicable to both LGIC and Ministerial regulations)
- Once the regulation has been drafted, it proceeds to LRC for consideration. This committee will make a recommendation to Cabinet as to whether or not the regulation should be approved. (Applicable to LGIC regulations)
- If approved by Cabinet, the regulation must then receive the approval of the Lieutenant-General-in-Council before it can be filed with the Registrar of Regulations. Filing of the regulation is the last formal step that must be taken before it becomes law. (Applicable to LGIC regulations)
- Regulations come into force either immediately or on a specified later date. The Government of Ontario’s “e-Laws” website is typically updated within two business days and should show the regulation under the “Source Law” link. If the regulation amended an existing regulation, it should be consolidated into that regulation within 2 weeks. As well, the regulation is published in the Ontario Gazette approximately three weeks later. (Applicable to both LGIC and Ministerial regulations)
If you have any further questions regarding how regulations or legislation come into effect, please feel free to visit the Ontario Legislative Assembly website at http://www.ontla.on.ca/web/home.do.
Sincerely,
Marilyn Zizzo
Marilyn Zizzo
Senior Policy Advisor
Policy, Priorities & Coordination Office
Strategic Policy and Transportation Economics Branch
Ministry of Transportation