STANDING COMMITTEE ON PROCEDURE AND HOUSE AFFAIRS

First Report on Regulations 2026

1^st Session, 44^th Parliament
4 Charles III

The Honourable Donna Skelly, MPP
Speaker of the Legislative Assembly

Madam,

Your Standing Committee on Procedure and House Affairs has the honour to present its Report and commends it to the House.

Teresa J. Armstrong, MPP
Chair of the Committee

Queen's Park
March 2026

STANDING COMMITTEE ON PROCEDURE AND HOUSE AFFAIRS

Membership list

1^st Session, 44^th Parliament

TERESA J. ARMSTRONG

Chair

LAURA SMITH

First Vice-Chair

Ted Hsu

Second Vice-Chair

TYLER ALLSOPP                                          DAWN GALLAGHER MURPHY

JEFF BURCH                                                                AMARJOT SANDHU

BILLY DENAULT                                                                  PAUL VICKERS

ARIS BABIKIAN, HARDEEP SINGH GREWAL and SHEREF SABAWY regularly served as substitute members of the Committee.

CHRISTOPHER TYRELL

Clerk of the Committee

TAMARA HAUERSTOCK

Research Officer

ANDREW MCNAUGHT

Research Officer

Contents

Acknowledgements  ii

Introduction:  Scope of this Report and the Committee’s Mandate  1

Statistics: 2004–2023  1

Number of Regulations Filed  1

New, Revoking, and Amending Regulations  2

Regulations Reported  6

Update on Steps Taken with respect to Regulations Previously Reported  6

First Report 2024 (Regulations Filed in 2022) 6

Ministry of Energy and Mines  6

O. Reg. 257/22, amending O. Reg. 429/04 (Adjustments Under Section 25.33 of the Act) under the Electricity Act, 1998  6

Ministry of Municipal Affairs and Housing  7

O. Reg. 228/22, amending O. Reg. 595/06 (Fees and Charges)  under the City of Toronto Act, 2006  7

Ministry of Health  7

O. Reg. 293/22, amending O. Reg. 21/12 (General) under the Audiology and Speech-Language Pathology Act, 1991  7

O. Reg. 304/22, amending Regulation 634 of R.R.O. 1990 (General) under the Homemakers and Nurses Services Act 7

Appendix A  9

Section 33 of the Legislation Act, 2006  9

Appendix B  10

Standing Order 109.1(f) 10

Appendix C  11

Committee’s Process for the Review of Regulations  11

Appendix D  12

Acts Under Whose Authority Ten or More Regulations Were  Filed in 2023  12

Acknowledgements

The Standing Committee on Procedure and House Affairs wishes to express its appreciation to all the legislative staff who assisted us in our work. In particular, we wish to thank:

* Christopher Tyrell, the Committee’s Clerk, who performed the procedural and administrative duties necessary for the carrying out of our regulations mandate; and

* Tamara Hauerstock of Legislative Research, who acted as Counsel to the Committee, performed the examination of the regulations covered in this report and prepared a draft report for the Committee’s consideration. Andrew McNaught of Legislative Research supervised the regulations review.

Introduction: 
Scope of this Report and the Committee’s Mandate

This report covers the 427 regulations filed under Ontario statutes in 2023.

The report is presented in accordance with the Committee’s terms of reference, which are set out in the Legislation Act, 2006, and in the Standing Orders of the Legislative Assembly.

Section 33 of the Act (Appendix A to this report) requires the Committee to examine the regulations made under Ontario statutes and provides that all regulations stand permanently referred to the Committee. In conducting its examination, the Committee is directed to consider “the scope and method of the exercise of delegated legislative power,” but not “the merits of the policy or objectives to be effected by the regulations or enabling Acts.” The Committee is required, from time to time, to report its observations, opinions, and recommendations to the Assembly.

Standing Order 109.1(f) (Appendix B) sets out nine guidelines the Committee is to apply when conducting its review. Guideline (ii), for example, provides that there should be statutory authority to make a regulation. The Standing Order also stipulates that the Committee may not report a regulation to the Assembly without first affording the ministry or agency concerned “an opportunity to furnish orally or in writing to the Committee such explanation as the ministry or agency sees fit.”

The Committee’s process for reviewing regulations and preparing its reports is set out in Appendix C.

Statistics: 2004–2023

Number of Regulations Filed

The graph on the following page indicates the number of regulations filed with the Registrar of Regulations from 2004 to 2023. Over this 20-year period, the average number filed each year was 534.^[1]

Figure 1: 
Total Regulations Filed: 2004-2023

Source: Graphic prepared by Legislative Research and Legislative Library based on information provided by e-Laws.

The 427 regulations filed in 2023 were made under the authority of 146 Acts, under the administration of 21 ministries.^[2] Eight Acts generated at least 10 regulations each; these represented 35% of all regulations filed in 2023.

Appendix D lists the Acts under which at least 10 regulations were filed in 2023.

New, Revoking, and Amending Regulations

Generally, a regulation falls into one of the following three categories:

· New

· Amending – adds, removes, or substitutes text in an existing or “parent” regulation.

· Revoking – revokes an existing or “parent” regulation.^[3]

The tables below show the number of new, revoking, and amending regulations filed in the years 2014 to 2023, and the proportion they represent of all regulations filed in a particular year.^[4]

Figure 2: 
New, Revoking, and Amending Regulations Filed: 2014–2023

Source: Graphic prepared by Legislative Research and Legislative Library based on information provided by e-Laws.

Figure 3: 
New, Revoking, and Amending Regulations Filed: 2014–2023

Source: Graphic prepared by Legislative Research and Legislative Library based on information provided by e-Laws.

Of the 77 new regulations filed in 2023, 37 were made under a statute with no previous regulations.

Figure 4: 
New Regulations Filed in 2023

Under Statutes with No Previous Regulations

Source: Table prepared by Legislative Research based on information provided by e-Laws.

Regulations Reported

Following our initial review of the 427 regulations filed in 2023, we wrote to one ministry regarding whether proper notice of two proposed regulations had been given under their respective authorizing Acts. As the response to our inquiries satisfied our concerns, we are not reporting any regulations in this report.

Update on Steps Taken with respect to Regulations Previously Reported

First Report 2024 (Regulations Filed in 2022)

The Committee’s First Report on Regulations 2024 reported ten regulations filed in 2022. The Committee’s concerns with respect to six of those regulations were addressed by the Ministry prior to the Committee’s tabling of its First Report 2024 and are discussed therein. The issues reported and relevant actions taken with respect to the remaining four reported regulations are set out below.

Ministry of Energy and Mines

O. Reg. 257/22, amending O. Reg. 429/04 (Adjustments Under Section 25.33 of the Act) under the Electricity Act, 1998

Section 13 of O. Reg. 257/22 added s. 8.1 to parent regulation O. Reg. 429/04. Section 8.1(1)(a) contained a reference to “the notice referred to in clause [8.1] (2)(c) and any information required under clause [8.1] (2)(d).” We noted, however, that in O. Reg. 429/04, the reference to notice is found in clause 8.1(2)(d) (not (2)(c)) and the reference to additional information is found in clause 8.1(2)(e) (not (2)(d)).

The Committee therefore asked the Ministry whether the clause met the requirements of Guideline (iii) of the Standing Order, which requires that regulations be expressed in precise language.

The Ministry replied that, before receiving our inquiry, it had flagged that the references to clauses 8.1(2)(c) and 2(d) should be references to clauses 8.1(2)(d) and 2(e). It explained that corrections to the references would be included with other proposed amendments to O. Reg. 429/04.

Since the Ministry indicated that it would be taking steps to address this matter, the Committee did not make a recommendation.

O. Reg. 101/25, made and filed on June 5, 2025, amended O. Reg. 429/04. Section 2 of O. Reg. 101/25 revoked and substituted s. 8.1(1). As amended,

s. 8.1(1)(a) refers to “the notice referred to in clause (2)(d) and any information required under that clause or clause (2)(e).” This amendment addresses the issue raised by the Committee.

Ministry of Municipal Affairs and Housing

O. Reg. 228/22, amending O. Reg. 595/06 (Fees and Charges) 
under the City of Toronto Act, 2006

O. Reg. 228/22 revoked and substituted s. 10 of parent regulation O. Reg. 595/06. New s. 10 refers to “a municipality and a local board”; however, other sections of O. Reg. 595/06 refer to “the City and a local board (extended definition).” The inconsistent references indicated a possible violation of the Committee’s third guideline.

We therefore asked the Ministry whether s. 10 should be further amended so that its wording is consistent with the rest of O. Reg. 595/06.

The Ministry replied that this issue “will be brought to the Ministry’s attention to consider and address.” Since the Ministry indicated that it would be taking steps to address this matter, the Committee did not make a recommendation. As of November 10, 2025, s. 10 of O. Reg. 595/06 has not been amended.

Ministry of Health

O. Reg. 293/22, amending O. Reg. 21/12 (General) under the Audiology and Speech-Language Pathology Act, 1991

O. Reg. 293/22 replaced the reference to the now-repealed Long-Term Care Homes Act, 2007, in O. Reg. 21/12 with a reference to the Fixing Long-Term Care Act, 2021. The reference to the former Act was found in Schedule 1 to 
O. Reg. 21/12.

A further review of O. Reg. 21/12, however, revealed no reference to Schedule 1 in the body of the regulation. As a result, Schedule 1 appeared as a stand-alone provision at the end of O. Reg. 21/12, whose purpose was unclear. This indicated a possible violation of the Committee’s third guideline.

We therefore asked the Ministry whether O. Reg. 21/12 should be amended to clarify the purpose of Schedule 1. The Ministry replied that, due to an oversight, Schedule 1 had not been revoked when earlier amendments were made to 
O. Reg. 21/12. The Ministry indicated that it would work with the College of Audiologists and Speech-Language Pathologists to clarify the regulation. Since the Ministry indicated that it would be taking steps to address this matter, the Committee did not make a recommendation.

Section 1 of O. Reg. 549/24, filed on December 17, 2024, revoked Schedule 1 of O. Reg. 21/12. This amendment addresses the issue raised by the Committee.

O. Reg. 304/22, amending Regulation 634 of R.R.O. 1990 (General) under the Homemakers and Nurses Services Act

As in O. Reg. 293/22, above, O. Reg. 304/22 replaced the reference to the now-repealed Long-Term Care Homes Act, 2007, in s. 8(2)(a) of Regulation 634 of R.R.O. 1990, with a reference to the Fixing Long-Term Care Act, 2021.

Subsection 8(2) of Regulation 634 set out conditions for certain persons to be eligible to receive services under s. 8(1) of the Homemakers and Nurses Services Act. However, s. 8 of the Act had been repealed. The reference to a repealed provision of the authorizing Act indicated a possible violation of the Committee’s third guideline.

We therefore asked the Ministry whether further amendments to s. 8 of Regulation 634 were required to reflect the repeal of s. 8 of the Homemakers and Nurses Services Act. The Ministry replied that s. 8 of Regulation 634 should be revoked and the Ministry was looking into how best to do this. Since the Ministry indicated that it would be addressing this matter, the Committee did not make a recommendation.

Section 3 of O. Reg. 491/24, filed on December 3, 2024, revoked s. 8 of Regulation 634. This amendment addresses the issue raised by the Committee.

Appendix A

Section 33 of the Legislation Act, 2006

33(1) At the commencement of each session of the Legislature, a standing committee of the Assembly shall be appointed under this section with authority to sit during the session.

(2) Every regulation stands permanently referred to the standing committee for the purposes of subsection (3).

(3) The standing committee shall examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power but without reference to the merits of the policy or objectives to be effected by the regulations or enabling Acts, and shall deal with such other matters as are referred to it by the Assembly.

(4) The standing committee may examine any member of the Executive Council or any public servant designated by the member respecting any regulation made under an Act that is under his or her administration.

(5) The standing committee shall, from time to time, report to the Assembly its observations, opinions and recommendations.

Appendix B

Standing Order 109.1(f)

109.1 Within the first 10 sessional days following the commencement of a Parliament, the membership of the Standing Committee on Procedure and House Affairs shall be appointed, on motion with notice, for the duration of the Parliament, which committee is empowered:

(f). . . to be the Committee provided for by section 33 of Part III (Regulations) of the Legislation Act, 2006, and having the terms of reference as set out in that section, namely: to be the Committee to which all regulations stand permanently referred; and to examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power without reference to the merits of the policy or objectives to be effected by the regulations or enabling statutes, but in so doing regard shall be had to the following guidelines:

(i) Regulations should not contain provisions initiating new policy, but should be confined to details to give effect to the policy established by the statute;

(ii) Regulations should be in strict accord with the statute conferring of power, particularly concerning personal liberties;

(iii) Regulations should be expressed in precise and unambiguous language;

(iv) Regulations should not have retrospective effect unless clearly authorized by statute;

(v) Regulations should not exclude the jurisdiction of the courts;

(vi) Regulations should not impose a fine, imprisonment or other penalty;

(vii) Regulations should not shift the onus of proof of innocence to a person accused of an offence;

(viii) Regulations should not impose anything in the way of a tax (as distinct from fixing the amount of a licence fee, or the like); and

(ix) General powers should not be used to establish a judicial tribunal or an administrative tribunal,

and, the Committee shall from time to time report to the House its observations, opinions and recommendations as required by section 33 of Part III (Regulations) of the Legislation Act, 2006, but before drawing the attention of the House to a regulation or other statutory instrument, the Committee shall afford the ministry or agency concerned an opportunity to furnish orally or in writing to the Committee such explanation as the ministry or agency thinks fit.

Appendix C

Committee’s Process for the Review of Regulations

Appendix D

Acts Under Whose Authority Ten or More Regulations Were 
Filed in 2023

Source: Graphic prepared by Legislative Research and Legislative Library based on information provided by e-Laws.