Public Commons

Part of Making laws and Regulations

From: Belinda Cole <belinda11.cole@gmail.com>
Date: Tue, Jul 5, 2011 at 4:44 PM
Subject: quick question
To: revor_day@ontla.ola.org

Hi Trevor,

I wanted to ask you about how regulations are made.

I had thought there is a requirement that proposed regulations must be publicly posted, and a 30 day period for public comments, etc.

Is that true? Is there a link re: the requirements for reg-making you could send me?

On Wed, Jul 6, 2011 at 9:02 PM, Belinda Cole <belinda11.cole@gmail.com> wrote to Joanne Gottheil
Registrar of Regulations
& e-Laws Legal Lead
Office of Legislative Counsel

Hi Joanne,

Trevor Day suggested I contact you regarding my questions about the process for passing regulations.

I do some contract research for the Centre for Local Research into Public Space (CELOS). CELOS has a Trillium grant to look at how laws, regulations and policies help and/or hinder people's efforts to enliven parks and public spaces. Here`s CELOS` website http://celos.ca. I'm doing some research into the legal source of any training or requirements for wading pool supervisers. (Since they are below .75 meters deep, they are not subject to the Public Pools regulation made under the Health Promotion and Protections Act). Instead, they fall under Safe Water standards which have not been passed as Regulations under the regulation-making section of the Health Protection and Promotion Act. I am trying to clarify the legal authority behind enforcing these standards.

I`ve read through section III re: Regulations in the Legislation Act, 2006,and I have some questions. I'd appreciate any help you could give me in answering them.

As I understand it, regulations are filed with you, the Registrar, and then must be published - usually on the elaws site, but also in the Ontario Gazette.

1. The Legislation Act mentions that sometimes the regulations have to be approved. Does this refer to approval by Cabinet, e.g. Governor in Council?

2. If so, I assume that this requirement is stated in the Regulation-making section of the Act they are made under. Is this correct? If so, is there any other way of requiring this?

2a. I had thought that there is a requirement that proposed regulations must be publicly posted, with a 30 day period for public comments, etc.

Is this true, or does this requirement have to be written into the Regulation-making sections of the Act, as in the example copied below in the "Excellent Care for All Act, 2010"? )

*

Regulations — Minister

15. (1) The Minister may make regulations,

Public consultation

(2) Before making a regulation under this section, the Minister shall consult with the public in accordance with the relevant policies of the Government of Ontario concerning public consultation in the making of regulations. *

3. I will look at the committee reports, but off-hand, does the Standing committee of Regulations and Private Bills often or ever:

- find that the body that seeks to pass the regulations has gone beyond its legal authority as set out in the Act?

- look at the issue of (provide statistics, etc) on this issue of going beyond a department or Ministry's legal authority?

4. I noted that the Ontario Ministry of Health and Long-Term Care is not one of the designated ministries that the Committee generally reviews. Given this, what would be required, and what would the process be, for reviewing regulations re: “the scope and method of the exercise of delegated legislative power” for the Health Ministry or other department that is not listed?

5. Finally - I'm just at the beginning of my research and I will do a search, but I wondered if you know off-hand of any links or articles on the issues of:

- practices or conventions around public discussion or comment during the regulation-making process

- occurrences or concerns with government ministries making policy or standards outside of their legal mandate?

- regulation-making process in Ontario?

If any of this is unclear, or if a little more context would help, please let me know and I'll give you a quick call.

Thanks for any help you can give me with this.