Ordered to be Printed
By Authority. Government Printer for the State of Victoria
May 1999
No. 43 Session 1999
THAT Members Belanger, Draude, Heppner, Jess, Koenker, Murrell, Sonntag, Ward and Whitmore be constituted a Special Committee to consider every Regulation filed with the Clerk of the Legislative Assembly pursuant to the provisions of The Regulations Act, 1989, with a view to determining whether the special attention of the Assembly should be drawn to any of the said Regulations on any of the following grounds:–
1. that it imposes a charge on the public revenues or
prescribes a payment to be made to any public authority not specifically provided for by
stature;
2. that it is excluded from challenge in the court;
3. that it makes unusual or unexpected effect where the parent statute confers no express
authority so to provide;
4. that it purports to have retrospective effect where the parent statute confers no
express authority so to provide;
5. that it has been insufficiently promulgated;
6. that it is not clear in meaning;
THAT the Committee have the assistance of the Legislative Counsel and Law Clerk in reviewing the said Regulations, and that it be required, prior to reporting that the special attention of the Assembly be drawn to any Regulation, to inform the government department or authority concerned of its intention so to report; and
THAT the Committee be empowered to invite any regulation-making authority to submit a memorandum explaining any regulation which may be under consideration by the Committee or to invite any regulation-making authority to appear before the Committee as a witness for the purpose of explaining any such Regulation; and
THAT the Committee be empowered to review the bylaws of professional associations and amendments thereto to determine whether or not they are in any way prejudicial to the public interest.
THAT the bylaws of the professional associations and amendments thereto Tabled during previous Legislatures and not ratified by the committee and the bylaws and amendments as Tabled in the present Session be referred to the Special Committee on Regulations.
(Motions agreed to May 2, 1996)
As Legal Counsel to the Committee, I review each and every regulation and bylaw filed with the Clerk of the Assembly or tabled in the Assembly, keeping in mind the terms of reference of the Committee. To assist me in this task, I follow a check-list system to ensure a methodical review of the following items:
· Name and citation of the Regulation.
· Name and citation of the empowering statute.
· Regulation making section of the empowering statute.
· Date of filing and publication in the Saskatchewan Gazette.
· If not published, explanation and propriety of exemption from publication.
· If the Regulation was published within 30 days of filing; if not, was the time for
publication extended?
· Is the regulation created by the proper party in accordance with the Statute?
· If filed by the Minister, is the regulation certified a true copy?
· Is the subject matter of the regulation authorized by the parent statute?
· Does the regulation impose a charge on the public purse not specifically provided for
in the empowering statute?
· Does the regulation purport to be excluded from challenge in the courts.
· Does the regulation make unusual or unexpected use of powers conferred by the
empowering statute?
· Does the regulation purport to be effective retroactively where the empowering statue
does not expressly provide such authority?
· Has the regulation been sufficiently promulgated in accordance with the current Regulations
Act?
· Is the regulation clear in meaning and free from obvious errors?
· Does the regulation purport to come into force prior to the coming into force of its
empowering statute.
· Is the expression "shall" or "may" used in the regulation and, if
so, is the term "shall" intended as imperative and the expression
"may" intended as permissive?
· Do the regulations affect the rights of the Crown? If so, does the empowering Act
evidence that Her Majesty is bound thereby?
· Is the regulation punitive, and if so, does a fair, large and liberal
construction and interpretation of the regulation continue to ensure the attainment of the
object of the Act or the regulation?
· If a form is prescribed does the regulation accord to the form used?
· If the enabling Act been repealed or amended, is the regulation inconsistent
with the substituted Act or amendment?
· Considerations under The Charter of Rights and Freedoms. Considerations
under The Saskatchewan Human Rights Code.
In Saskatchewan, professional associations are established by various Acts of the Legislative Assembly.
These Acts give the professional associations authority to adopt bylaws to govern their profession and their members.
The bylaws are forwarded to the Registrar, Corporations Branch, where they are filed and a copy is tabled in the Legislative Assembly by the appropriate Minister.
As Counsel to the Special Committee on Regulations, I review these bylaws to ensure that bylaws governing professional associations are properly drafted within the power in the empowering Act and that they are in the public interest.
Mr Robert D. Cosman
Legislative Counsel and Law Clerk
Last Updated 31/8/99
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