Practical Policy Development in the Yukon Government

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

2. 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?

3. What the difference?

4. How is new or improved policy initiated?

5. 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?

6. 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?

7. 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?

8. 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

9. 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

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

11. 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

12. 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

13. 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

14. 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

15. 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

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

17. Any Questions?