Consultation During Rule-Making: A Case Study of the Immigration and Refugee Protection Regulation

Since it prescribed its Nozzles first regulatory policy in 1986, the Federal government implemented a consultation process with stakeholders and the general public during the rule-making process.This process is not legally mandatory (unlike in the province of Quebec).However, failure to conduct a consultation process results in an administrative sanction: the refusal to approve the new regulation by Cabinet.This article reports on the results of an empirical research project we conducted in 2004 within Basins - Emesis Basins the Immigration Division of the Citizenship and Immigration Canada Department [CIC].

Our general research question was exploratory in nature.We wanted to know how CIC civil servants understood their obligation to consult with citizens.Our case-study indicates that it is difficult to implement a consultative culture within a department that has a strong long-term commitment to protect the integrity of the Canadian territory.

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