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Regulatory law and practice in Canada / J. Paul Salembier.

Location

Public Safety Canada Library

Resource

Books & Reports

Call Number

KE 5024 S24 2004

Authors

Publishers

Bibliography

Includes bibliographical references and index.

Summary

Part 1 explains the federal regulatory process in detail. Coverage includes: each of the 14 steps in the regulatory process; required documentation that must accompany a regulation through this process; the impact of the User Fees Act, which came into force in May 2004; dealing with the Standing Joint Committee for the Scrutiny of Regulations; provincial and territorial regulatory processes. Part 2 explains to practicing lawyers, how to examine regulations for fatal underlying weaknesses and shows government officials how to avoid these pitfalls in developing legally sound regulations. The following areas of regulatory vulnerability are explored, with numerous examples from case law demonstrating how the courts have treated these issues: defects in the regulatory process; lack of statutory authority; conflict with the enabling statute or other statutes; problems of subdelegation; constraints imposed on the exercise of administrative discrimination; shortcomings of vague provisions.

Subject

Contents

1. Introduction to the federal regulatory process. -- 2. The scope of the federal regulatory process. -- 3. Steps in the federal regulatory process. -- 4. The regulatory impact analysis statement and other documentation. -- 5. The User Fees Act. -- 6. Parliamentary oversight of the regulatory process. -- 7. Provincial regulatory procedures. -- 8. Introduction to challenging regulations: why regulations are vulnerable. -- 9. Defects in the regulatory process. -- 10. Interpreting the enabling statute. -- 11. Subdelegation. -- 12. Administrative discrimination. -- 13. Other implicit limits on regulatory powers. -- 14. Reasonableness.

Items

 #Call NumberStatusLocation
1KE 5024 S24 2004On ShelfPS-Circ
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