Where does HTA get its authority?

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jsherk
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Where does HTA get its authority?

by: jsherk on
Tue Nov 06, 2012 10:52 pm

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
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by: Stanton on
Tue Nov 06, 2012 11:23 pm

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
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by: jsherk on
Wed Nov 07, 2012 8:01 am

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 +++


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Decatur
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by: Decatur on
Wed Nov 07, 2012 9:49 am

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
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by: daggx on
Wed Nov 07, 2012 10:53 am

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




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