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

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.