The court dismissed an appeal from the Divisional Court which had held that the Respondent Ontario Energy Board’s Gas Distribution Access Rule came within the Board’s jurisdiction and that the Board had followed the process required by its enabling Act in issuing the Rule

Administrative law – Natural resources – Natural gas – Distribution – Powers under legislation – Ultra vires – Judicial review – Jurisdiction of tribunal – Compliance with legislation – Standard of review – Correctness Enbridge Gas Distribution Inc. v. Ontario (Energy Board), [2005] O.J. No. 33, Ontario Court of Appeal, January 11, 2005, M.A. Catzman, D.H. ...

Regulations made by an agricultural commodity board were not sufficiently framed to empower it to charge a fee for quotas for the marketing or production of chicken. The power to impose a fee, levy, or anything in the nature of a tax in the regulation of an industry must be explicitly conferred by the enabling legislation.

25. February 2003 0
Administrative law – Boards and tribunals – Jurisdiction – Legislation – Ultra vires Oulton v. Chicken Farmers of Nova Scotia, [2002] N.S.J. No. 513, Nova Scotia Court of Appeal, December 5, 2002, Saunders, Chipman and Hamilton JJ.A. The Respondent chicken producers had been, for 20 years, on a waiting list maintained by the Chicken Farmers of ...

Tremblay’s appeal from the decision of the British Columbia Supreme Court dismissing a petition seeking a declaration that certain orders-in-council concerning budget cuts to the Legal Services Society were ultra vires was dismissed. The Court held that Tremblay had not shown any error of law or principle that would allow the Court to intervene in what was essentially a policy dispute.

Administrative law – Legislation – Orders in council – Ultra vires – Legal Aid – Funding Tremblay v. British Columbia (Attorney General), [2002] B.C.J. No. 942, British Columbia Court of Appeal, May 2, 2002, Finch C.J.B.C., Prowse and Smith JJ.A. Tremblay appealed from the decision of the British Columbia Supreme Court dismissing the petition to quash ...

An Order-in-Council ordering striking teachers back to work was held to be ultra vires and of no force or effect due to a failure by the Lieutenant Governor in Council to consider each dispute separately and to meet a condition precedent to issuing the back to work order; namely finding that there was an emergency which was causing or may cause unreasonable hardship

26. March 2002 0
Administrative law – Legislation – Back to work orders – Questions of jurisdiction – Ultra vires – Judicial review – Standard of review Alberta Teachers’ Assn. v. Alberta, [2002] A.J. No. 268, Alberta Court of Queen’s Bench, March 1, 2002, Wachowich C.J.Q.B. The Alberta government ordered striking teachers back to work pursuant to a provision in ...