Simon's Megalomaniacal Legal Resources

Statutes and Regulations - Regulations Changing Statutes

. Canada (Attorney General) v. Ibrahim

In Canada (Attorney General) v. Ibrahim (Fed CA, 2023) the Federal Court of Appeal considered a Crown JR of a decision by the Social Security Tribunal (Appeal Division) that upheld the respondent's eligibility for a CPP-disability pension.

In these quotes the court considers the extent to which a regulation can 'change law':

[33] The applicant submits that the Appeal Division’s conclusion was based on the flawed premise that regulations do not change existing laws (Reasons at para. 92). Regulations can change existing laws, consistent with the specific provisions of the enabling statute and its overriding purpose. I do not accept the applicant’s submission about the impact of the Appeal Division’s misstatement; it did not affect its reasoning or conclusions.