In what circumstances will an administrative tribunal exceed its jurisdiction?

British Columbia, Canada


The following excerpt is from R. v. Canadian Forest Products Ltd., 1999 CanLII 3640 (BC SC):

In U.E.S., Local 298 v. Bibeault, 1988 CanLII 30 (SCC), [1988] 2 S.C.R. 1048 at 1086, Beetz, J. considered the circumstances in which an administrative tribunal will exceed its jurisdiction, as follows: 1.if the question of law at issue is within the tribunal's jurisdiction, it will only exceed its jurisdiction if it errs in a patently unreasonable manner; a tribunal which is competent to answer a question may make errors in so doing without being subject to judicial review; 2.if however the question at issue concerns a legislative provision limiting the tribunal's powers, a mere error will cause it to lose jurisdiction and subject the tribunal to judicial review.

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