Is Regulation 12 consistent with the provisions of the Health and Social Care Act?
British Columbia, Canada
The following excerpt is from Grace v. British Columbia (Lieutenant Governor in Council), 2000 BCSC 923 (CanLII):
The respondents say that these authorities, in particular, the decision in FAP v. B.C., can be distinguished. The respondents say that Regulation 12 is of a type specifically authorized by sections 24(1), 24(2)(f) and (k), and 24(4)(c) of the Act and therefore cannot be said to be inconsistent with the Act. The respondents say also that where regulations are of the type specifically described by the enabling statute, the court need not consider whether the regulations are consistent with the object or purpose of the statute.
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