| This study examines the notice and comment rulemaking provisions of the Ontario Securities Act, and analyzes whether such provisions exemplify deliberative democracy. Chapter I asks whether deliberative theory, working through rulemaking provisions, can increase public participation in, and thereby increase legitimacy of, . government activities. Chapter 2 discusses the history of rulemaking in Canada and the United States. It also examines, using theoretical ideas of Foucault and Habermas, whether administrative rules, of which rulemaking is an example, are appropriate for increasing participation. Chapter 3 defines participation, turning to Canadian Supreme Court of Canada jurisprudence and democratic theory, and focuses on deliberative democracy. Chapter 4 reviews the specific language of the rulemaking provisions of the Ontario' Securities Act. Chapter 5 outlines critical and empirical limitations to deliberative theory and rulemaking provisions. Chapter 6 concludes that Ontario rulemaking in part satisfies the criteria of deliberative democracy, but raises important questions for further study. |
