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

September 23, 2019

The Use of Policy by Administrative Decision Makers: Authority and Limitations

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…

Read More
August 30, 2019

YWCA Walk a Mile in her Shoes

Shores Jardine LLP is pleased to sponsor the YWCA Walk a Mile campaign happening September 11, 2019.  The Walk a Mile in Her Shoes campaign is celebrating its 10th anniversary…

Read More
August 28, 2019

Law Day 2019

Kathleen Elhatton-Lake will be co-chairing the Canadian Bar Association’s Law Day in Edmonton.  Law Day is a national event every April.  The courthouse is open to the public and activities…

Read More

Contact

Suite 2250, Bell Tower 10104 – 103 Avenue, Edmonton, Alberta T5J 0H8

Directions

triangle-grpahic