Digests

Decision Information

Kindratsky v. Canada (Attorney General)

Collection Digests
Date 2007-10-22
Neutral citation 2007 FCA 332
Report citation [2008] 1 F.C.R. D-7
File numbers A-46-07
Subjects Administrative Law - Judicial Review - Grounds of Review
Notes Full-Text Decision

Decision Content

ADMINISTRATIVE LAW                                      Judicial Review

                                                                                         Grounds of Review

Appeal from Federal Court decision (2006 FC 1531) R.C.M.P. Stoppage of Pay and Allowances Regulations, SOR/84-886 not ultra vires—Regulations, s. 2 authorizing Commissioner to order stoppage of pay and allowances of member suspended from duty—Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, s. 22(3) empowering Treasury Board to make regulations “respecting the stoppage of pay and allowances of members who are suspended from duty” —Use of “respecting” indicating Parliament not intending Treasury Board itself to specify particular instances justifying stoppage of pay, allowances—Subdelegation to Commissioner intended by necessary implication—Reference  in Regulations, s. 2 (as am. by SOR/88-649, s. 1) to non-existent Act, s. 13.1 clearly meant as reference to s. 12.1—Appeal dismissed.

Kindratsky v. Canada (Attorney General) (A-46-07, 2007 FCA 332, Nadon J.A., judgment dated 22/10/07, 3 pp.)

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