PHIPA: Regulation-making Powers

AuthorHalyna N. Perun; Michael Orr; Fannie Dimitriadis
1 S.O. 2004, c. 3, Sch. A [PHIPA].
2 In other words, the regulation is made by the Lieutenant Governor, but practically
speaking the Cabinet has control over how the Lieutenant Governor exercises the
power, including the timing and content of any regulation. For the rest of this chapter,
we will speak in more informal terms of such regulations being made by Cabinet.
3PHIPA, s. 73.
4 Every bill must pass through three votes of approval by the Legislature (termed first,
second, and third readings of the bill), and there is a possibility of public committee
hearings and consideration of the bill at least at two stages in the process. See Ontario
Legislative Library, How a Government Bill Becomes Law (2001), online:
As with many laws passed by the Legislature, the Personal Health Information
Protection Act, 20041includes provisions that allow the Lieutenant Governor in
Council, acting on the direction of the Cabinet of the Ontario government,2to
make regulations on certain matters connected with the Act.3PHIPA, like
other Acts, was enacted by way of a bill that was approved through an elaborate
public process in the Legislature, in which there were various opportunities for
open debate.4Regulations are also laws, but rather than being made directly by
the Legislature, they are made under powers delegated by the Legislature, usu-
ally to the provincial Cabinet, and sometimes, as in the case of certain regula-
: Regulation-making

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT