Definitions of Administrative Law (Canada)

Administrative actor: subject to the principles of admin law. Includes persons or bodies that exercise statutory or prerogative power. Boards, tribunals, etc are usually given authority pursuant to statute.

Judicial review: administrative actors are subject to judicial review. It is part of public law where superior courts under s96 engage in surveillance of lower tribunals to ensure they are acting legally. S96 courts derive their power from s96 of constitution, hence the name. The role of s96 courts in judicial review is part of their inherent authority. Federal courts operate differently they operate as equivalent as s96 court however they have statutory power, not inherent power. When they invented federal courts they took some powers that should belong to s96 courts and gave them to federal courts.

Sample cases where judicial review does or does not apply.


-Boucher v. Metis Nation of Alberta Sssn., 2009, ABCA 5
-Herd v. Port Severn Campers Assn., 2010 ONSC 1567
-Kaplan v. Canadian Institute of Actuaries (1997), 151 DLR (4th) 481 (CA)
-Egerton v. Appraisal Institute of Canada, 2009, ONCA 390
-Community organizations, sports organizations

Prerogative Power: a residual Monarch power that has not yet been displaced by statute. For example, in Canada, the granting of granting honours, pardons, and passports remains a pregogative power.