Like legislation, regulations (sometimes referred to as delegated legislation or subordinate legislation) are a form of law. Regulations are not made by Parliament, but rather, by someone to whom Parliament has delegated the authority to make them. For example, the enabling legislation, or Act, would state that a minister, an administrative agency or, the Governor in Council (Cabinet) has the power to make regulations. All regulations must be consistent with the authority of the Act under which they are made. Regulations may be viewed as the operational part of a law, commonly dealing with matters such as what is meant by certain terms used in an Act, procedures and processes that must be followed or standards that must be met, etc. in order to comply with an Act.
Regulation-making in Canada is governed by the
Statutory Instruments Act and the
Government of Canada Federal Regulatory Policy.
An important and mandatory component of the regulation-making process is consulting Canadians and other concerned parties. Health Canada takes its responsibilities to consult seriously, and information about ongoing regulatory initiatives can be found on the Public Involvement and Consultation section of Health Canada website. Other ways to find out about upcoming or ongoing consultations on proposed regulations are via the
Government of Canada Consultation Portal or the
Current Consultations section of the Canada Gazette web page.
The following table lists the regulations that have been developed under each of the Acts for which Health Canada is directly responsible.