Updates
The Use of Policy by Administrative Decision Makers: Authority and Limitations
September 23, 2019
posted in: Legal Updates
An administrative agency does not require an express grant of statutory authority in order to issue policies or guidelines. However, administrative decision-makers may not apply these policies inflexibly as if they were law. An individualized assessment is required in the circumstances of each case to determine whether it is appropriate to apply the policy. A decision made solely by reference to the mandatory prescription of a policy, despite a request to deviate from it in the light of the particular facts, may be set aside, on the ground that the decision-maker’s exercise of discretion was unlawfully fettered.
https://shoresjardine.com/wp-content/uploads/2019/09/2019-08-28-Fettering-Discretion.pdf
Recent Posts
Business Alumni Association
Kathleen Elhatton-Lake was profiled by the Business Alumni Association for how her experience at the University of Alberta in the Faculty of Business lead her to her career today. The…
Read MoreCourage Ride for Rehab
On September 9, 2023 Craig Boyer rode in the Courage Ride for Rehab, a fundraising bike event for the Glenrose Hospital. It is a 58 kilometre ride around Pigeon Lake. …
Read MoreCBA Commercial Property and Leasing Section
On September 5, 2023 Gwendolyn Stewart-Palmer, KC was a guest speaker at the CBA Commercial Property and Leasing Section. Gwendolyn gave an overview of the projected changes to the City…
Read More