Library of Parliament Publication on Parliamentary Committee Review of Regulations

The Library of Parliament has recently updated its research publication on the Parliamentary Committee Review of Regulations.

From the summary:

"Since the 1980s, Parliament has improved its ability to review regulations. The Standing Joint Committee on Scrutiny of Regulations has the power to review most government regulations and to recommend disallowance. In addition, Parliament has passed a number of Acts that provide for the parliamentary review of proposed regulations. In most cases, improvements in Parliament’s ability to review regulations came about as a result of pressure by parliamentarians and the public, not as a result of a government initiative."

"The provisions for parliamentary review of proposed regulations vary. Some Acts merely provide for review of the proposed regulations by the appropriate committee, without specifying how the government would have to deal with any recommendations. These include the Official Languages Act, the Referendum Act, the Canada Small Business Financing Act, and the Immigration and Refugee Protection Act. In addition, the User Fees Act provides for a review of proposed user fees, but does not specify how the government would have to respond to a parliamentary resolution amending or rejecting a proposed fee."

"On the other hand, several Acts spell out how or when the government must respond to parliamentary recommendations. Regulations under certain sections of the Official Languages Act may not be made if both houses of Parliament adopt a motion to that effect. The Emergencies Act gives Parliament the power to revoke special orders and regulations made by the government in the event of an emergency. The Firearms Act sets time limits before the government may make the regulations. Under the Tobacco Act, in addition to similar time limits, if the House of Commons concurs in a committee report recommending that a regulation be amended, then the regulation may be made only in the amended form. Finally, under the Assisted Human Reproduction Act, in addition to similar time limits, the minister must take committee reports into account, and if a regulation does not incorporate a committee recommendation, the minister must explain why it does not."