The capacity to make regulations is not affected by the dissolution of Parliament as regulations are made by executive (ministry) and delegated authority.
Separation of powers (legislative, executive and judicial) is a basic tenet of constitutional law. Dissolution closes Parliament only, ie: the legislative function of government.
The British North America Act, also known as the Constitution Act, 1867, states that executive power is vested in the Queen, but makes no mention of the Prime Minister or cabinet. The powers and functions of the executive branch are determined by convention. One convention is that a ministry lasts as long as the tenure of the Prime Minister and that:
A ministry does not come to an end when Parliament is dissolved for an election; that would leave the country without a government. The ministry continues in office and awaits the result of the election. If the election is won by the governing party, there is no interruption in the ministry. If the election is lost by the governing party, the Prime Minister will no longer command a majority in the House of Commons and will resign (or be dismissed by the Governor General).
- Constitution Act, 1867 – Justice Laws
- Constitution Act, RSBC 1996, c. 66 – BC Laws
- Introduction to the study of the law of the constitution by A. V. Dicey – on-site at Vancouver Courthouse Library
- Constitutional law of Canada by Peter Hogg – on-site at Courthouse Libraries
- Cabinet government by Sir Ivor Jennings – UBC Library
- The law and the constitution by Sir Ivor Jennings – on-site at Vancouver Courthouse Library