The Relationship Between Governments and Independent Regulatory Agencies: Will We Ever Get it Right?


  • Hudson Janisch



This article examines the relationship that exists between governments and independent regulatory agencies. The article begins by reviewing this relationship within the context of the Usage Based Billing (UBB) debate that began after the Federal government, in opposition to a ruling by the Canadian Radio-television and Telecommunications Commission (CRTC), ordered the CRTC to go back and review its decision. After discussing the various arguments in favour of and against UBB, and discussing the policy concerns that exist with respect to government intervention in regulatory decisions, the article then provides a suggestion as to what should have occurred during the UBB debate. Next, the article looks at energy regulation at the provincial level, using Alberta and British Columbia as case studies. Finally, the article concludes with a discussion on potential regulatory structural reforms.

Author Biography

Hudson Janisch

Inaugural TransCanada Chair in Administrative and Regulatory Law, Faculty of Law, University of Alberta; Osler, Hoskin & Harcourt Chair of Law and Technology Professor Emeritus, University of Toronto, Adjunct  Professor, Faculty of Law, University of Victoria 2009-2011.