The legal framework for regulations
A regulation-making authority does not have a free hand in making
regulations. There are a number of legal constraints, including the Constitution
and other generally applicable laws. One of the most important of these for
regulations is the Statutory Instruments Act (SI Act) and the Statutory
Instruments Regulations (SI Regulations) that are made under it.
They set out three basic legal requirements for making regulations:
- legal examination,
- registration, and
- publication in the Canada Gazette.
Enabling Acts provide an additional source of legal constraints. Regulations
must stay within the scope of the authority that the enabling Act grants and
must not conflict with it or restrict or extend the scope of its application.
For information on the Policy Framework for regulations, please see the
section on the Regulatory
Policy.
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