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Regulatory Agency

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PPGPortal > Home > Concept Dictionary > R > Regulatory Agency
 

Regulation Agency 

An agency that makes independent decisions (including inspections, investigations, prosecutions, certifications, licensing, rate-setting), which limit or promote the conduct, practice, obligations, rights or responsibilities of an entity.

(Ontario Public Service Agency Establishment and Accountability Directive )

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An agency that makes independent decisions (including inspections, investigations, prosecutions, certifications, licensing, rate-setting), which limit or promote the conduct, practice, obligations, rights or responsibilities of an entity.

• The Directive’s mandatory requirements and responsibilities recognize that an appointee to an Adjudicative Agency or a Regulatory Agency makes individual case decisions impartially and free of direction within the jurisdiction of the agency.

The evaluative function of a regulatory agency is imperative to ensuring that public funds are managed in an effective manner. Examples of regulatory bodies across Canada include the British Columbia Securities Commission (BCSC), the Alberta Utilities Commission (AUC) and the Ontario Energy Board (OEB). Within Canada the Federal Ministry of Finance proposed the creation of a National Securities Commission in 2009, uniting thirteen separate provincial regulators. The regulation of securities in Canada has historically fallen under provincial jurisdiction (since 1912) and under constitutional authority with respect to property and civil rights under Section 92. The federal government also has parallel authority to structure regulatory decisions, under Section 91: The Regulation of Trade and Commerce.

Under this directive, a regulatory agency shall encompass the following characteristics:

• Appointees administer and enforce laws, regulations and other requirements under the legal authority of the agency's constituting instrument of other statutes.

• Agency appointees do not constitute a governing board and as such do not make staffing or financial decisions regarding the agency’s operations (in rare cases when the agency is self-funding, the appointees may be constituted as a governing board and will be assigned corresponding powers to direct the affairs of the agency).

• Appointees need specialized regulatory and subject expertise in order to render decisions; also Chairs need administrative expertise to fulfill their additional responsibilities.

• Generally, the agency is funded out of the Consolidated Revenue Fund. In exceptional cases only, the agency may be self-funded through fees, levies, etc. according to its statutory authority.

     

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School of Public Policy and Governance