Policy and Regulation
Policy cycle and instruments
Policy-making runs from agenda setting through formulation, adoption, implementation, and evaluation. Instruments include regulatory (bylaws, permits), fiscal (taxes, grants, charges), expenditure (infrastructure, services), and informational (guidance, monitoring). In Canadian planning, the statutory hierarchy matters: provincial or territorial legislation, provincial policy statements, official plans, then zoning and other bylaws. Conformity and consistency are legal tests, not slogans.
Traps
'Shall' is mandatory; 'should' is directional. A regulation cannot exceed its enabling statute (ultra vires). Retroactivity is disfavored unless the statute clearly authorizes it. Do not confuse a policy statement with a bylaw. Procedural fairness requires notice, disclosure of the case, and an opportunity to respond-not necessarily a hearing.
Worked example
A municipality wants to restrict short-term rentals. It should confirm provincial authority, decide whether the tool is a zoning bylaw, licensing bylaw, or both, define the regulated activity precisely, set standards and enforcement, and build an evidence record. If the province has occupied the field, a local ban may be ultra vires. Rule of thumb: for any proposed regulation, write the authority, purpose, scope, standard, process, and appeal route in one page.
Exam rule
Choose the answer that respects jurisdiction and the statutory chain of conformity.