What is the test for establishing the validity of a regulation in the Health and Social Care Act?
Alberta, Canada
The following excerpt is from Heppner v. Alberta (Environment, Minister), 1977 ALTASCAD 206 (CanLII):
It would also be helpful to refer to the speech of Lord Pearson in McEldowney v. Forde [1969] 2 ALL E.R. 1039 at page 1066: "When the Minister has made a regulation and purports to have made it under Section 1(3) of the act, the Act, the presumption of regularity (omnia praesumuntur rite esse acta) applies and the regulation is assumed prima facie to be intra vires. But if the validity of the regulation is challenged, and it is contended that the regulation was made otherwise than for the specified purposes, the courts will have to decide this issue, however difficult the task may be for them in some circumstances."
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