Practical Policy Development in the Yukon Government Colin MacDonald Policy Analyst, Department of Education

What is Policy? Policy outlines “the way we do things” It is meant to guide decision making and steer people in the right direction It can range from the law to suggestions for best practices. Policy is: Legislation http://www.gov.yk.ca/legislation/legislation/page_e.html Regulations Official department Policies http://www.education.gov.yk.ca/policies-all.html Memorandums of Understanding Guidelines and directives What is Policy?

What the difference? Acts Regulations Policies Approved by the legislative assembly e.g. The Education Act, the Yukon College Act , Student Financial Assistance Act Regulations Approved by Cabinet e.g. Attendance areas, school councils (number of members), Policies Approved by the Deputy Minister e.g. School record policy, concussion policy What the difference?

How is new or improved policy initiated? Something has happened and we must respond. Examples: Moveable Soccer Goals, Guidelines for First Nations Traditional Medicine Reactive We anticipate something that could happen and we take steps in advance. Examples: Eligibility to Vote in School Council Elections, Corporate Sponsorship Proactive How is new or improved policy initiated?

Who initiates new or improved policies? The impetus for developing or improving a policy can come to us in a number of ways: Ministerial direction (e.g. Child Care Subsidy) The civil service (within or outside the department e.g. Yukon College degree regulation) Education stakeholders (parents, students, school councils, CSFY, teachers, school administration, YTA e.g. Video Surveillance Policy) Quasi-judicial and advisory bodies Information and Privacy Commissioner Ombudsman (e.g. Yukon Nominee Policy) Educational Appeal Tribunal Human Rights Commission (e.g. School Trespass Policy) Chief Electoral Officer (e.g. Education Act amendments) Who initiates new or improved policies?

Policies begin with either a problem that needs to be addressed or a possible future problem. The first question to as is “what’s the problem here?” E.g. Student Records Policy and Concussion Policy – it is important for us to take a common approach to identified problems. What is the problem?

The first step is to determine if we actually need a policy. We try to not take a highly prescriptive approach and allow people to use their best judgement. E.g. Do we need a policy on students and outdoor fire pits? Do really need a policy?

Identify the extent and dimensions of issue, including historical and political context. Identify the parties and stakeholders affected. Review other options for addressing the issue, prior to deciding a new policy is needed. Identify the implications of proceeding with vs. not proceeding with policy development. Identify the level of complexity involved and an initial proposed policy process. Identify the general level of Cabinet authorization required and seek approval if needed. Example: Education Act, regulations and policies related to School Council elections Scope of the issue

Establish internal team(s) of parties with affected mandates and/or expertise: Technical working group to undertake the work. Senior Steering Committee to provide senior direction (if needed). Establish external “advisory” team of parties or stakeholders that are affected (if needed). Define roles, responsibilities, communications and ground rules. Example: Safe and Care Schools and Managing Student Discipline Policy Build the team

Define the goals and objectives Work with team(s) to clarify overall policy goals and objectives. Example: Guideline for First Nations Traditional Medicine Define the goals and objectives

Work with teams to clarify issues, interests, ideas, information needs, type of analysis required and resources needed. Define work plan with objectives, processes, tasks, roles, timeframes and products. Determine role of and type of consultation to be used, if any. Determine in detail the stages where Cabinet direction and authorization is needed. Example: Yukon College degree regulation Define the work plan

Do the research and analysis Collect info on background, relevant technical data, history, trends and context. Review and understand relevant legislation, agreements and commitments. Identify issues and interests of different stakeholders and parties (internally and/or externally through consultation, if needed) Analyze the technical and policy implications of issues so they are fully understood. Identify how other jurisdictions have dealt with this policy issue (can we put the dog on it?) Example: Moveable Soccer Goals Safety Act regulations , First Nations Traditional Medicine Do the research and analysis

Identify and assess options Identify options to meet policy objectives and address issues & interests. Assess pros and cons of each option. Ability to address policy objectives, issues and interests. Consistency with government goals, commitments, laws, policies, prescriptions. Example: Child Care Subsidy Identify and assess options

Review summary of research and options Prepare summary of research, analysis and options. (may be internal paper only, or public discussion paper) Review with technical experts re: technical accuracy. (internal) Review with senior management re: political sensitivity. (internal) Consult with stakeholders and public re: public acceptability. (external, if needed) Example: Child Care Subsidy and Moveable Soccer Goal Safety Act Review summary of research and options

Consult on draft recommendations Consult with stakeholders on draft legislation, regulations policy or guidelines Example: School Trespass Policy and the Human Rights Commission, Senior Leadership Team, Policy Advisory Committee Example: Safe and Caring Schools Policy and YTA, FNEC Consult on draft recommendations

Work with stakeholders and program level to implement policy. Often involves a communications strategy. Example: Corporate Sponsorship Policy Implement policy

Any Questions?