Incorporation by reference of internal documents on an ambulatory basis

Setting criteria around how this authority could be used will help ensure that the authority is used as intended across the federal regulatory system – in a transparent, accountable, and consistent manner. The following criteria are being considered for regulators to follow, when incorporating by reference internal documents:

• Internally generated documents must be available free of cost and in both official languages. 
• All previous versions of the incorporated documents must be made available so that it’s clear how requirements have evolved over time and what requirements were in place over which time period for enforcement purposes, and in the case of disputes. 
• A centralized list of all incorporated documents must be made available so that stakeholders have quick and easy access to the information they need. 
• Regulatory burden, including compliance and administrative burden, must be minimized to the extent possible. New regulatory burden should not be imposed through future updates to the document.  
• To increase consistency, transparency and accountability of how internal documents are managed, the publication of a document management plan will be required for each document. This plan will outline how stakeholders will be consulted prior to changes, the transition period for implementing changes, and how changes to the document can be requested.

Questions:

We are seeking your input on any or all of the following questions:

1. Are you aware of technical regulatory requirements that become outdated quickly (e.g., within less than two years) and pose a barrier to compliance that would benefit from being updated quicker than is currently possible?
2. What types of changes to an internal document should require engagement with stakeholders? (ex. all changes, including administrative changes or corrections to errors? Only changes needing a transition period? Only changes affecting consumer facing information?). What steps would need to be taken to ensure that the engagement and consultation with stakeholders is meaningful?
3. What other considerations would be important for departments using this tool?