What is an enabling act?

An enabling act is a law that establishes an agency’s structure and authority, providing it with the power to create and enforce regulations within a specific area of law. This legislation sets out the framework under which the agency operates, including its purpose, scope, and the powers vested in it.

Through an enabling act, the legislative body defines the agency's mandate, ensuring that it has the authority to carry out its functions effectively. This is crucial for administrative agencies, as these entities often require legislative sanction to make rules, issue permits, or conduct enforcement activities.

Understanding this concept is vital in administrative law, as it highlights the relationship between legislative bodies and administrative agencies, and emphasizes how agencies derive their authority from the laws enacted by the legislature. The focus on the agency's structure and the specifics of its authority are what distinguishes enabling acts from other types of legislation, such as those that address repealing laws or appointing agency heads.