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Review of Delegated Legislation

Some Acts of Parliament give the power to make and implement regulatory legislation to Ministers, departments, agencies, boards or other authorities. Delegated legislation is a term used to describe these regulations, orders, rules, bylaws and other instruments. Parliament scrutinizes most of this legislation to ensure that the provisions do not exceed the powers delegated by Parliament itself.

The Standing Joint Committee for the Scrutiny of Regulations is responsible for the scrutiny of delegated legislation.

Reports from the Standing Joint Committee for the Scrutiny of Regulations

Should the Standing Joint Committee for the Scrutiny of Regulations decide that a regulation or some other statutory instrument exceed or conflict with the intentions of an Act of Parliament, it may report the matter to the House.

At least 30 days before it concurs in the report, the Committee is obliged to notify the authority authorized to make the regulation that it is going to report to the House.

Such a report, presented during Routine Proceedings under the rubric “Presenting Reports from Committees”, must contain only a resolution that, if concurred in, will result in a House order to the government to revoke the offending regulation or statutory instrument.

Notice of a Motion that a Resolution Be Adopted (given by Member)

Once presented, the resolution contained in the report is automatically placed on the Notice Paper in the name of the Member who presented the report.

After 48 hours, the resolution is transferred to the Order Paper under the rubric “Motions”.

The resolution is deemed to have been moved and adopted by the House at the ordinary hour of daily adjournment on the 15th sitting day after the report is presented, unless a Minister gives notice of a motion that the resolution not be adopted.

Notice of Motion that a Resolution Not Be Adopted (presented by a Minister)

Following the presentation of a report to revoke a regulation, a Minister has 15 days to place a motion on notice to the effect that the resolution should not be adopted.

Debate

The motion in the name of the Minister may be debated for up to one hour at 1:00 p.m. on the first Wednesday following the expiry of the 48-hour written notice. No other business can be taken up during the debate. If proceedings are completed before 2:00 p.m., the Speaker suspends the sitting until that time.

Recorded votes on these motions are automatically deferred until the ordinary hour of daily adjournment on that day.

If the Minister’s motion is adopted, the resolution in the name of the Member who tabled the report is withdrawn and the regulation may be implemented. If the Minister’s motion is defeated, then the regulation is revoked.

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