OTTAWA — The Supreme Court of Canada has clarified the legal path for judges when reviewing the validity of government regulations, guidelines or other such instruments.
In a pair of decisions Friday, the Supreme Court pointed to a 2019 top court ruling in a case known as Vavilov, which established a comprehensive framework for determining the applicable standard of review.
Such guidelines and rules do not flow directly from Parliament or a legislature, but rather from agencies vested with the authority to make them — for instance, through an enabling statute. Rather, the review should be aimed at whether an agency has acted within the scope of its lawful authority under the enabling statute.The first case involved a married couple who had a child and divorced in 2008. The father paid child support to the mother but challenged federal child support guidelines that determine payment levels.
The second case involved coal-fired electric power generation facilities in Alberta. In 2106, TransAlta entered into an agreement with Alberta to cease coal-fired emissions on or before Dec. 31, 2030, in exchange for transition payments over several years.
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