Research publications

Faced with complex and technical issues, Parliament tends to enact legislation that sets out key principles but leaves the details to be specified in regulations made by the executive branch of government. Regulations are a form of law. They fall under the category of statutory instruments – also referred to as delegated or subordinate legislation – that includes rules, orders, ordinances and bylaws. Parliament does not typically make regulations, but delegates the authority to do so to persons or bodies, such as the Governor in Council (Cabinet), a minister, or an administrative agency. While regulations are useful tools for governing, concerns have been raised about accountability; to ensure accountability, Parliament has established various mechanisms for reviewing regulations. Notably, the Standing Joint Committee for the Scrutiny of Regulations is empowered to review most government regulations after they are made and can recommend their disallowance. In addition, some Acts mandate parliamentary committees to review regulations, or to review proposed regulations before they are made.

A regulation is a legally binding form of law made pursuant to legislative authority delegated by Parliament. It is usually made by an executive body, like the Governor in Council, a minister, department, board or commission, and can be referred to as an “order” or “rule” among other names. Responsibility for the parliamentary oversight of federal regulations is delegated primarily to a parliamentary committee, namely, the Standing Joint Committee for the Scrutiny of Regulations (REGS). However, Parliament is empowered to exercise oversight of regulations in many other ways. This HillStudy discusses Parliament’s powers to oversee federal regulations. Because powers of REGS are better known, this publication focuses primarily on Parliament’s other regulatory powers.