Alberta Record

· Bill / Executive Authority over Regulatory Body Definition · enacted

Bill 36 — Fair Registration Practices Act: Executive Authority over Regulatory Body Definition

Amends the Fair Registration Practices Act to shift the power to define 'regulatory body' from a legislative schedule to regulation by the Lieutenant Governor in Council.

High impactCentralization of powerInstitutional independenceThe public, directly

What changed

  • Repeals the definition of 'regulatory body' in section 1(1)(n) which previously referred to a body identified in the Schedule.
  • Substitutes the definition to mean a body 'as prescribed in the regulations.'
  • Repeals section 23(1)(a) which allowed the LGIC to amend the Schedule, and substitutes it to allow the LGIC to prescribe a body or person as a regulatory body by regulation.
  • Repeals the Schedule to the Act, which previously listed specific regulatory bodies.

Why it matters

  • Centralizes the authority to determine which professional bodies are subject to the Fair Registration Practices Act from the Legislature to the executive (Lieutenant Governor in Council).
  • Allows the government to add or remove regulatory bodies from the Act's scope through regulation, rather than requiring a legislative amendment.
  • Reduces legislative oversight over the application of fair registration practices to professional bodies.

Other governance concerns

  • Shift of authority from legislature to executive
  • Reduced legislative oversight

Primary sources (1)