Encyclopedia of Canadian Laws

Regulations

Regulations

A regulation is a piece of subordinate legislation. Generally speaking, “subordinate legislation” (also called “delegated legislation”) is the generic term given to rules, regulations, orders, bylaws, or proclamations made by an authority (Governor-in-Council, minister, government department, judicial or quasi-judicial body) under the terms of an act of Parliament or act of a provincial legislature. The authoritative act under which a regulation is issued is referred to as the Enabling Statute. Regulations are concerned with highly specific legislative detail while enabling statutes deal more with general matters or principles for the topic or subject concerned. For example, an enabling statute will outline policy or objectives while regulations made under that act will provide actual detailed information as to how the legislative objectives are to be carried out. Subordinate legislation has the force of law.

Regulations are issued and change on a very regular basis. These rapid changes make regulations a challenge to work with because updating becomes such an important component of the researching process. It is essential to always be as current as possible to avoid missing any important information.

Research of Regulations

Similar to the consolidation of Canada’s federal and provincial statutes, the federal regulations of Canada were last consolidated in 1978, in the work “Consolidated Regulations of Canada, 1978”. Any amendments to these regulations or any new regulations since promulgated can be found online within the Canada Gazette Part II. Regulations are published within the Gazette within 23 days of registration (unless the enabling statute provides that a particular regulation is exempt from publication), per the Statutory Instruments Act, R.S.C. 1985, c. S-22.

Federal regulations are published in the Canada Gazette, Part II, while Ontario regulations appear in the weekly Ontario Gazette.

Before relying on a regulation, it is important to know its effective date. For those regulations that are published, the regulation is deemed to be effective as of the date it is registered with the Clerk of the Privy Council. For regulations exempt from publication, the regulation is effective as of its promulgation date. For more information regarding regulations and detailed instructions on how to find regulations in print, online and on CD-rom, the sections about Legal Research Materials and Finding and Updating Regulations should be consulted.

Provincial regulations of Canada (see below) are available in print and electronic databases subscribed to by several law libraries. For more information, review the Department of Justice’s guide mentioned above regarding the making of regulations and the work “Updating Statutes and Regulations for All Canadian Jurisdictions” (KE 250.S47).

Federal Regulations

Note: see more detailed information about this entry, including Finding Federal Regulations, click here.

Print Sources For Federal Regulations:

Online Sources For Federal Regulations: Department of Justice Website:
Consolidated Regulations
Consolidated Index of Statutory Instruments

Quiklaw Sources For Federal Regulations:

Canadian Provincial Regulations

For more detailed information about Ontario regulations, click here.

Finding Canada’s Provincial Regulations

The following list delineates which regulatory compilations are, in general, available at law libraries, by Name of Regulatory Compilation:

Note: We linked the resources to archive.org in an effort to decrease the number of broken links cited.

Regulations

Definition of Regulations by Rand Dyck and Christopher Cochrane (in their book “Canadian Politics: Critical Approaches”) in the context of political science in Canada: The detailed rules drafted by the bureaucracy under the authority of laws passed by Parliament that are too voluminous and technical to put into the legislation itself.

Standing Joint Committee on Scrutiny of Regulations

Definition of Standing Joint Committee on Scrutiny of Regulations by Rand Dyck and Christopher Cochrane (in their book “Canadian Politics: Critical Approaches”) in the context of political science in Canada: The joint parliamentary committee appointed to wade through the voluminous regulations issued by government departments under the authority of legislation and that has the power to recommend rescinding such regulations.

Concept of Regulations

A definition of Regulations may be the following: Subordinate legislation by government departments under the authority of acts of Parliament or acts of a legislature.

Regulations in British Columbia

The following is a concept of regulations under the law of British Columbia: Statutory instruments that usually set out practical information or procedures relating to a particular statute. They provide specific instructions about how to implement the statute and tend to change more often than the statute itself.

Authority to Make Regulations in Canada

Definition of Regulations

Regulations meaning or descrpition: detailed rules that flesh out the meaning and requirements of a statute; made under the authority of a statute, either by Cabinet or by a body to which this power is delegated; also called “subordinate legislation” or “delegated legislation” (Source of this concept of Regulations: emp.ca/books/330-7 and emp.ca/books/479-3 and emp.ca/books/328-4;http://www.emp.ca/books/353-6)

Resources

See Also

Authority to Make Regulations in French

In the French language, Authority to Make Regulations means: pouvoir d’établir des réglements (there is related information on pouvoir d’établir des réglements in the legal Encyclopedia in French, about Canadian law, French law and other legal systems – the link is to the Encyclopedia).

Resources

See Also

  1. Politics
  2. Political Science

Resources

See Also

  1. Politics
  2. Political Science