Subordinate legislation includes regulations, orders, directives, bylaws, and proclamations.
Regulations contain such details as standard hours of work for landscape workers under employment standards legislation, or campground regulations under environmental legislation. By contrast, orders are used for day to day administrative matters such as permits and appointments.
The governing statute sets out the scope of the regulatory power. Section 34 of The Interpretation Act elaborates further on the scope of that power, by providing what is implied within the power. The governing statute also sets out who has the authority to make the regulation or order.
- Legislative counsel usually prepares the draft regulation, with assistance from the department responsible for the governing statute.
- The responsible department then ensures that the regulation is made and registered.
- If the regulation is to be made by the Lieutenant Governor in Council, the minister brings it before Cabinet for approval.
- Once approved, the regulation is given to the Registrar of Regulations for registration, which brings the regulation into effect, and publication.
Before the regulation can come into force, it must be deposited with the Registrar of Regulations. The regulation is then published on the Manitoba Laws website, as required by s. 16(1) of The Statutes and Regulations Act.
When you review an Act, note whether it contains a section authorising the Lieutenant Governor in Council or another entity to make regulations, or whether it refers to certain things as prescribed. If so, you should check to find out whether any regulations have been passed pursuant to that Act.
A regulation is cited by year and number.
A sample citation is Court of Queen’s Bench Rules, Man Reg 553/88.
“88” stands for the year 1988, and 553 is the number assigned to the regulation.
Formerly, regulations were published in print form in the Manitoba Gazette. Now, they are published electronically on the Manitoba Laws website. Each annual volume (up to and including 2013) of the Manitoba Gazette, Part II included an index with the regulations organized under the title of the governing statute.
The consolidated version will contain amendments up to the date of the consolidation.
Any historical research involving Manitoba regulations tends to be paper-intensive. Original versions of Manitoba regulations may be found in the Manitoba Gazette, Part II. Unconsolidated regulations from 2000 to present are also available on the Manitoba Laws website. Some past versions of Manitoba regulations are available online using CanLII’s “Versions” tool. The Consolidated Regulations of Manitoba available through CanLII date back to 2004.