Simon's Legal Resources

Statutes and Regulations - Making Regulations

. Valero Energy Inc. v. Minister of the Environment

In Valero Energy Inc. v. Minister of the Environment (Div Ct, 2026) the Divisional Court dismissed a motion, here seeking "an order compelling the respondents to produce a record of proceedings or record of decision in this application for judicial review. The respondents have produced a record, which Valero submits is insufficient.".

Here the court notes limits on the 'Record to be filed in court' duty embodied in JRPA s.10:

[18] Beginning with the obligation on a respondent to produce a record of proceedings, which is provided for under s. 10 of the JRPA, it is statutorily defined and limited.[2]

[19] For good reason, The applicant does not seriously contend that the judicial review of the making of a regulation requires the provision of a record of proceedings under s. 10 the JRPA. The obligation to produce a record of proceeding applies only to the exercise or purported exercise of a “statutory power of decision”. As set out in s. 1(1), the power to make a regulation is a “statutory power” but it is not included in the narrower definition of a “statutory power of decision”. There is no obligation to produce a record of proceedings.