Delegated Legislation in Canada: Recent Changes in Machinery

Abstract

Few today would deny the necessity for subordinate legislation. The true business of Parliament remains the debate over the major principles of policy, but Parliament has neither the technical skill nor the time to process the mass of detailed regulation. Nevertheless, even with a sound division of function between Parliament and the departmental sources of delegated legislation, a serious problem remains. The initiative in the framing of public policy has passed to the bureaucracy, and machinery is required to ensure that bureaucratic legislation may receive the same debate, criticism, and review as ordinary legislation. The objective of administrative reform has been to safeguard the public against bureaucratic tyranny by three devices: (a) systematic publication of subordinate legislation; (b) opportunity for parliamentary review; and (c) continuance of judicial review of the scope of delegated authority.In the United Kingdom, where these matters are more highly developed than under any other parliamentary system, the first two of these requirements are met by the Statutory Instruments Act, 1946, by various Statutory Instruments Regulations made thereunder, by the activity of the House of Commons Select Committee on Statutory Instruments, and through various techniques of parliamentary review.