Frequently Asked Questions – Regulatory Policy Instruments

What are regulatory policy instruments?

Regulatory policy instruments act as a bridge between the Canada Elections Act (the Act) and its application. Elections Canada's regulatory policy instruments guide us on how to carry out our mandate under the Act to administer federal elections. These instruments also outline how we put the six principles of electoral integrity into practice. These principles are accessibility, fairness, independence, reliability, security and transparency.  Although regulatory policy instruments are published to provide transparency and clarity in the interpretation and administration of the Act, in all cases the Act takes precedence over policy instruments.

The Electoral Integrity Framework guides us in developing our regulatory policy instruments.

Back to top

What is the difference between regulatory policy instruments and opinions, guidelines and interpretation notes?

Regulatory policy instruments guide Elections Canada in delivering its mandate under the Canada Elections Act (the Act), whereas opinions, guidelines and interpretation notes (OGIs) relate to the application of the Act to political entities and provide them with guidance to help them meeting those obligations. Consultations on OGIs are legislated, whereas consultations on regulatory policies are not and are flexible.

Back to top

What is the difference between a policy and a directive? 

Policies are high-level documents that outline what the Chief Electoral Officer and Elections Canada are expected to achieve in a particular area of administration. They explain how the Chief Electoral Officer may exercise the discretionary powers given under the Canada Elections Act (the Act) and the purpose and context for decisions.

Directives explain how officials at the agency meet the objectives set out in policies and/or the actions they must take in carrying out certain aspects of their duties. Directives are more detailed than policies.

Both types of instruments guide Elections Canada in administering the electoral process in a transparent, predictable and consistent way, following the Act and the six principles of the Electoral Integrity Framework.

Back to top

Whose actions do the regulatory policy instruments govern?

Regulatory policy instruments guide the decisions and actions of staff at Elections Canada headquarters and field staff (returning officers, staff at local Elections Canada offices, poll workers, etc.)   Unlike opinions, guidelines and interpretation notes (OGIs), regulatory policy instruments are not designed to guide the actions of anyone outside Elections Canada.

Back to top

What areas do the policy instruments cover?

The instruments guide Elections Canada in delivering its mandate, including in the areas of voting administration, the registration of regulated political entities, and outreach and civic education.

Back to top

What do the instruments contain? 

• Purpose, objective and application sections, explaining what the policy instrument aims to achieve and what areas of electoral administration it applies to.  
• Context section gives the legislative background, including relevant court decisions and the applicable sections of the Canada Elections Act. It also outlines how the Chief Electoral Officer's discretion under the Act applies to the policy instrument.
• Guiding principles/requirements section explain the link between the subject of the policy instrument and the Electoral Integrity Framework

Back to top