The court set aside a decision of the Respondent to cancel a “final” certificate of inspection on the Applicant’s shipment of wheat after it had been shipped and sold on the basis of the inspection certificate. The Respondent had the regulatory power, which it had not exercised, to do what it had done, but the court could not give administrative practice the force of law by implying a power which the Respondent had failed to exercise by regulation.
Administrative law – Decisions of administrative tribunals – Canadian Grain Commission – Certificate of inspection – Powers to cancel – Regulatory powers of tribunals – Functus officio – Limitations – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Correctness Saskatchewan Wheat Pool v. Canada (Canadian Grain Commission), [2004] F.C.J. No. 1568, Federal ...