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Regulations, Crown Corporations and Adminstrative Tribunals

Regulations, Crown Corporations and Adminstrative Tribunals: Royal Commission

Ivan Bernier
Andrée Lajoie
Series: Heritage
Copyright Date: 1985
Pages: 206
  • Book Info
    Regulations, Crown Corporations and Adminstrative Tribunals
    Book Description:

    This volume surveys administrative law in its various manifestations and considers new themes and issues that are likely to affect the subject.

    eISBN: 978-1-4426-5688-8
    Subjects: Law, Political Science

Table of Contents

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  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-viii)
  3. Foreword
    (pp. ix-x)
    Donald S. Macdonald

    When the members of the Rowell-Sirois Commission began their collective task in 1937, very little was known about the evolution of the Canadian economy. What was known, moreover, had not been extensively analyzed by the slender cadre of social scientists of the day. When we set out upon our task nearly 50 years later, we enjoyed a substantial advantage over our predecessors; we had a wealth of information. We inherited the work of scholars at universities across Canada and we had the benefit of the work of experts from private research institutes and publicly sponsored organizations such as the Ontario...

  4. Introduction
    (pp. xi-xiv)
    Ivan Bernier, Alan Cairns and David C. Smith

    At its most general level, the Royal Commission’s research program has examined how the Canadian political economy can better adapt to change. As a basis of enquiry, this question reflects our belief that the future will always take us partly by surprise. Our political, legal and economic institutions should therefore be flexible enough to accommodate surprises and yet solid enough to ensure that they help us meet our future goals. This theme of an adaptive political economy led us to explore the interdependencies between political, legal and economic systems and drew our research efforts in an interdisciplinary direction.

    The sheer...

  5. Preface
    (pp. xv-xvi)
    Ivan Bernier
  6. Acknowledgments
    (pp. xvii-xviii)
  7. 1 Crown Corporations: Instruments of Economic Intervention — Legal Aspects
    (pp. 1-80)
    Patrice Garant

    When the state decides to intervene in the private sector, it usually uses one of five methods: taxation, economic regulation or control, financial or technical assistance, and the granting of contracts and the creation or takeover of companies. The state uses three types of instruments to achieve its ends. It can intervene in the economy through its ministries and regulatory agencies; it can make use of private enterprise by granting contracts or financial assistance; and finally, it can establish companies, which are known as public corporations or, more precisely, Crown corporations. Such corporations fall somewhere between government institutions in the...

  8. 2 Understanding Regulation by Regulations
    (pp. 81-154)
    Roderick A. Macdonald

    For many, the accelerating growth of government has been the most prominent feature of the postwar Canadian political landscape. But it is not only the increasing share of GNP consumed by the state that has attracted attention. Observers have also been concerned with what they perceive to be an undue expansion of governmental regulatory activity. In particular, the apparent addiction to delegated legislation (regulations)¹ as a vehicle for pursuing public policy goals has come under scrutiny.

    This paper takes as its point of entry into issues of governmental regulation an assessment of regulation by regulations since 1945. The first part...

  9. 3 Administrative Tribunals: Their Evolution in Canada from 1945 to 1984
    (pp. 155-201)
    David J. Mullan

    To write a paper on administrative tribunals in large measure is to write a paper about government. This is so because many of the bodies that Canadians think of as administrative tribunals actually perform all the major governmental functions: they legislate by developing rules and policies to be followed in their day-to-day work; they exercise discretion within the mandate laid down in either their empowering legislation or their own rules and policies; and they perform the judicial role of adjudicating on individual matters that come before them.

    A full study of Canadian administrative tribunals would, therefore, involve a consideration of...

  10. About The Contributors
    (pp. 202-202)
  11. Back Matter
    (pp. 203-206)