- Reaction score
- 26,488
- Points
- 1,090
FJAG said:Regulations and orders and policies are written not by the legislature but by civil servants who themselves are interpreting the statute within the scope that the legislature allows them to.
Except for QR&Os it's not always that clear. QR&Os can be under the authority of the CDS, the Minister, the Treasury Board, or the Governor in Council; in the latter two instances, at least, it's arguable that a court would give greater weight to such regulations due to their source.
QR&Os are odd ducks in many respects (no pre-publication, for one); far too many in the CAF don't understand them, their role, their origin, or the significant latitude granted by the legislature to the CAF in controlling many aspects of its own destiny. (Or for real fun, try to explain to folks the difference between legislation, regulation, policy & process)