Subordinate leg

Question 1

What is subordinate leg?

Answer 1

Concerns regulations/rules made by governmental officials/admin bodies under the authority of statutes.

Question 2

How is it reviewed?

Answer 2

Interpretation: In the same way as statutes except that the purposes of their authorising statutes and the provisions that authorise their making play a big role

Question 3

Anme cases on sources of power

Answer 3

Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] 1 S.C.R. 513 p.16

Held: Administrative decision-makers need authorisation to act or to exercise powers.
Authorisation can be by statute, subordinate legislation, or subordinate instruments.

ATCO Gas & Pipelines Ltd. v. Alberta (Energy & Utilities Board), 2006 SCC 4 (CanLII), [2006] 1 SCR 140

Held: Powers can be express, or implied/necessarily incidental to the express powers.
The doctrine of jurisdiction by necessary implication: There must be evidence that the exercise of power is a practical necessity for the Board to accomplish the objectives prescribed by the legislature.

Reference re Broadcasting, [2012] 3 SCR 489 p.22

Held: Policy or purpose statements are not jurisdiction-conferring provisions.
Declarations of policy cannot serve to extend the powers of the subordinate body to spheres not granted by Parliament in jurisdiction conferring provisions.

Question 4

Summary of Auer

Answer 4

The SCC confirmed that reasoableness review from Vavilov presumptively apploes to the review of the vires of regulations.
The first 4 Katz principles applies.
The 5th Katz principle is no longer good law.