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Judicial Review - Statutory Powers - General (1)

. Democracy Watch v. Ontario Integrity Commissioner

In Democracy Watch v. Ontario Integrity Commissioner (Div Ct, 2020) the Divisional Court considered a judicial review application by a public interest organization of refusals of the Integrity Commissioner and the Conflict of Interest Commissioner to comply with the organization's requests to make formal determinations regarding the conduct of some executive government officials.

One of the issues considered was whether the refusals were "exercise of a statutory power" under JRPA s.1:
66. A Statutory Power is defined as follows under s. 1 of the JRPA [paras 67-74]:
“statutory power” means a power or right conferred by or under a statute,

(a) to make any regulation, rule, by-law or order, or to give any other direction having force as subordinate legislation,

(b) to exercise a statutory power of decision,

(c) to require any person or party to do or to refrain from doing any act or thing that, but for such requirement, such person or party would not be required by law to do or to refrain from doing,

(d) to do any act or thing that would, but for such power or right, be a breach of the legal rights of any person or party.


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