Rarotonga, 2010

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(Ontario/Canada)

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Litigation Opinions
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TOPICS


Delegated Legislation


COMMENT

Just like the topic of administrative law, 'delegated legislation' law can be hugely important. In fact, the most recent Canadian scare to the rule of law in Canada (the change of leadership in the United Conservative Party in Alberta in 2022 and their withdrawn initial legislation) largely involve delegated legislation issues (see Henry VIII clauses, below). Delegated legislation is a little understood or appreciated area of law - which means you absolutely must learn it to be a responsible democratic citizen as that's the way they sneak up on you! (kidding, almost) ;-).

'Delegated legislation' is done primarily by regulations under statutes, and statutory orders. The 'delegation' is from the legislature and mostly to the Cabinet (the Lieutenant-Governor in Council and the Governor-General), but also can be to Ministers of the Crown, various government entities - and essentially anyone (or anything) that the legislature appoints.


CASES

General

Delegated Legislation - Procedural Fairness

Ultra Vires Regulations

Delegated Legislation - Ultra Vires Regulations (+)

Henry VIII Clauses

Delegated Legislation - Henry VIII Clauses - Introduction
Delegated Legislation - Henry VIII Clauses (Cases)

Sub-Delegation

Delegated Legislation - Sub-Delegation


EDIT NOTES

. consider /Innovative Medicines Canada and /IATA (Fed CA, 2022) [already posted at /ultra vires regs]; since these tie into the JR/Vavilov change
. do R v Harrison (SCC, 1977) Dickson J re sub-delegation

[29 Jan 2023]

CC0

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Last modified: 28-08-23
By: admin