LogoutMr. Philip Kaye
This interview with Philip Kaye provides comprehensive insight into the operations of Ontario’s Standing Committee on Regulations and Private Bills from 1986-1995. Kaye, who served as counsel to the committee after transitioning from private litigation practice to the Legislative Research Service in 1981, explains the committee’s origins following the 1968 McRuer Commission recommendation and its mandate to review regulations for legal compliance without examining policy merits. He details the five-stage review process used by his office, which includes initial regulation review, problem assessment, ministry correspondence, response evaluation, and report drafting.
The interview illuminates significant aspects of Ontario’s regulatory oversight system, including the committee’s relationship with the Registrar of Regulations and ministry legal branches. Kaye discusses the committee’s limited powers – it can recommend amendments but cannot disallow regulations – and the legalistic guidelines it applies, particularly statutory authority, precise language, and retrospective effect restrictions. He also addresses the comprehensive 1988 committee report that recommended major reforms including notice and comment procedures and disallowance powers, most of which were not implemented by the Attorney General.
Kaye’s account reveals the evolution of the committee system, including the transition from external counsel to in-house Legal Research Service support in 1988, and the development of standardized review procedures. The interview concludes with assessments of the committee’s effectiveness from various legal professionals, highlighting both its beneficial deterrent effect on regulatory drafting and limitations in addressing substantive regulatory content.
This description was written by AI and may contain some inaccuracies.
References
The following are a selection of topics discussed in this oral history.
- Osgoode Hall Law School
- University of Toronto Faculty of Law
- Cabinet Committee on Regulations
- Legislative Counsel's Office
- Legislative Research Service
- Ministry of the Attorney General
- Office of the Public Guardian and Trustee
- Office of the Registrar of Regulations
- Ontario Legislative Assembly
- Research & Information Services
- Charter of Rights and Freedoms Adoption
- McRuer Commission 1968
- Patriation of the Constitution
- Red Tape Commission
- Alberta
- Canada
- Ontario
- Quebec
- Fogler, Rubinoff
- Siegal, Fogler
- Ministry of the Attorney General
- Alan Furlong
- Andrew Dekany
- Avrum Fenson
- Cynthia Smith
- David Fleet
- Don Revell
- Duke MacTavish
- Graham White
- Gregory Sorbara
- Hudson Janisch
- Ian Scott
- Jacinth Herbert
- Paul Muldoon
- Philip Joel Kaye
- Sidney Tucker
- Smirle Forsyth
- Board of Internal Economy
- Canadian Environmental Law Association
- Standing Committee on Regulations and Private Bills
- 1970s
- 1980s
- 1990s
- Administrative Law
- Charter Rights
- Civil Litigation
- Constitutional Law
- Environmental Law
- French Language Rights
- Health Law
- Legislative Drafting
- Regulatory Law
- Statutory Interpretation
Some of these references were generated by AI and may contain inaccuracies.
Archive Details
File consists of oral history records documenting the life and career of Philip Kaye (b. [ca. 1963]), Senior Legal Research Office, Research and Information Services, Ontario Legislative Library and Counsel to the Standing Committee on Regulations and Private Bills. Interview topics include: early years; Legislative Research Service, Ontario Legislative Library; service to Legislative Committees; number of regulations reviewed annually; Cabinet Committee on Regulations; role of Committee counsel; five stage process of Regulation review; Standing Committee on Regulations and Private Bills Committee; Standing Committee on the Administration of Justice; impact of Committee reports. Interview conducted by Cynthia Smith. File includes two audio cassette recordings, a transcript with index (45 p.), and a copy of a release form.