Canadian Administrative Law

Legality of administrative decision making

Enabling statute and legislative authority

Administrative or governmental actors act within legal limits on their authority

Inherent power at common law

The entire decision-making process, including process and findings of fact and law

The primary focus of Canadian administrative law is to address the actions and operations of governments and governmental agencies in Canada, including the review of administrative decisions and ensuring procedural fairness.

Administrative law in Canada is primarily concerned with the legality of administrative decision making and issues of procedural fairness for those affected by the decisions.

The powers of an administrative decision-maker in Canada are primarily created by statute, known as the enabling statute, and limited by the legislative authority of the enabling government provided under the Constitution Act, 1867.

Superior Courts in Canada have the inherent power at common law to review any decision of an administrative decision-maker (ADM) through judicial review, allowing them to consider the entire decision-making process.

Courts, when applying administrative law in Canada, aim to ensure that administrative or governmental actors and bodies observe and act within the legal limits of their authority, as well as interpret statutes and rules of government operations.