Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada.[1] That is, the law concerns the manner in which courts can review the decisions of administrative decision makers such as a board, tribunal, commission, agency, or Crown minister, while exercising ministerial discretion.[2]
Administrative law is concerned primarily with the legality of administrative decision making and with issues of procedural fairness (rights for those affected by the decision to participate in the decision making process). Administrative law concerns the interpretation of statutes and rules of government operations. Courts, when applying administrative law, look to ensure that administrative or governmental actors and bodies observe and act within the legal limits on their authority.
^David Mullan in "Administrative Law" (Irwin Law:Toronto, 2000) defines it as "the body of law that establishes or describes the legal parameters of power that exist by virtue of Statute or residual Royal prerogative." (p.3)
^Fluker, Shaun (July 23, 2018). "The Great Divide on Standard of Review in Canadian Administrative Law". ABlawg.ca. The concept of an "administrative decision" encompasses a wide spectrum ranging from the exercise of Ministerial discretion to an adjudication of legal rights by a statutory tribunal to recommendations made by a board of inquiry.
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