Where does HTA get its authority?

Moderators: Reflections, admin, hwybear, Radar Identified, Decatur, bend

jsherk
High Authority
High Authority
Posts: 1722
Joined:

Where does HTA get its authority?

Unread post by jsherk on

Just wondering where the HTA gets its authority from, and how to look up and trace it.

If anybody knows, please share!

Thanks
+++ This is not legal advice, only my opinion +++


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

Are you asking about a specific authority? Or just simply how the Provincial Government passes a law? If it’s the latter, a bill is brought forward to the Legislative Assembly by a MPP. If the bill passes a first and second reading, it’s sent for review by committee. The committee would present a report with possible amendments/recommendations and then the bill is sent for a third reading. If the bill passes the third reading, it's sent to the Lieutenant Governor for Royal Assent and becomes an Act. The Act comes into force either at the time of assent or on a fixed date.


jsherk
High Authority
High Authority
Posts: 1722
Joined:

Unread post by jsherk on

I guess I am looking for more specific information... for example, when was the bill read, and when was the HTA given Royal Assent?

And is the HTA (and any other act or statute) given authority based on the Canadian Constitution?

Thanks
+++ This is not legal advice, only my opinion +++


User avatar
Decatur
Moderator
Moderator
Posts: 697
Joined:

Posting Awards

Moderator

Unread post by Decatur on

The Constitution Acts 1867-1982 actually set out the distribution of legislative powers between the Federal and Provincial Governments. The Ontario Highway Traffic Act was first introduced in 1923 and has had a number amendments due to changes in transportation since then.


daggx
Sr. Member
Sr. Member
Posts: 392
Joined:

Posting Awards

Unread post by daggx on

For further info I have attached a link to the Constitution act. Sections 91 and 92 outline which powers belong to the Federal Government and which ones belong to the Provinces. Section 92-10 gives the Provinces jurisdiction over "Local Works and Undertakings " which includes roads. Section 92-15 gives the Province the power to impose "Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section." This allows them to make laws regarding any subject outlined in section 92 and to impose penalties for breaking those laws. Put those two together and you have the constitutional basis for allowing the Province to make and enforce laws over the use of the roads.

http://lois.justice.gc.ca/eng/Const/index.html


User avatar
Decatur
Moderator
Moderator
Posts: 697
Joined:

Posting Awards

Moderator

Unread post by Decatur on

I wasn't going to make it that easy for the OP. I wanted them to look it up. lol






Post Reply

Return to “General Talk”