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Regulatory Law and Practice in Canada
John Paul Salembier
出版
LexisNexis Butterworths
, 2004
主題
Law / General
Law / Constitutional
Political Science / Public Affairs & Administration
ISBN
0433443294
9780433443292
URL
http://books.google.com.hk/books?id=stXtAQAACAAJ&hl=&source=gbs_api
註釋
Part 1 explains the federal regulatory process in detail. Coverage includes : each of the 14 steps in the regulatory process; required documentation that must accompany a regulation through this process; the impact of the User Fees Act, which came into force in May 2004; dealing with the Standing Joint Committee for the Scrutiny of Regulations; provincial and territorial regulatory processes. Part 2 explains to practicing lawyers, how to examine regulations for fatal underlying weaknesses and shows government officials how to avoid these pitfalls in developing legally sound regulations. The following areas of regulatory vulnerability are explored, with numerous examples from case law demonstrating how the courts have treated these issues : defects in the regulatory process; lack of statutory authority; conflict with the enabling statute or other statutes; problems of subdelegation; constraints imposed on the exercise of administrative discrimination; shortcomings of vague provisions.