Generally, subordinate legislation should be construed in a manner that renders it intra vires

Shoppers Drug Mart Inc. v. Ontario (Health and Long-Term Care), 2011 ONCA 830 deals with generic drugs and their regulation in Ontario. Among other issues the Court considers whether regulations under statute are valid.

Regulations, of course, being subordinate legislation, are only valid if they are properly authorized by statute. Put otherwise, a regulation, to be proper, must fall within the scope of its authorizing legislation. That said, the Courts will incline to a generous interpretation of what scope is granted by statute.

The Court holds:

[43]         There is a crucial starting point in any assessment of delegated legislation such as the challenged regulations in this appeal.  It is this: "as a general principle, subordinate legislation should be construed in a manner that renders it intra vires": see D.J.M. Brown and Hon. J.M. Evans, Judicial Review of Administrative Action in Canada, looseleaf (Toronto: Canvasback Publishing, 1998) at para. 15:3200.