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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to the rule of law in Canada (the change of leadership in the United Conservative Party in Alberta in 2022 and their withdrawn initial legislation) largely involve delegated legislation issues (see Henry VIII clauses, below).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.
EDIT NOTE
The best all-encompassing terms for ultra vires challenges (ie. of Regs, OICs, Rules, etc) may be 'subordinate legislation'. Consider re-working this topic by that term as the law is much the same regardless of the particular form of the subordinate legislation.
CASES
General
Delegated Legislation - Procedural Fairness
Ultra Vires
Delegated Legislation - Ultra Vires (+)
Delegated Legislation - Ultra Vires Regulations (+)
Delegated Legislation - Ultra Vires Rules
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]
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