What is the current state of the law on sub delegation?

British Columbia, Canada


The following excerpt is from R. v. McDonald, 2011 BCPC 75 (CanLII):

The Courts have long recognized the principle of law “delegatus non protest delegare” which means that a delegated authority cannot lawfully be delegated to another unless expressly authorized. This principle has been upheld in the case Antonsen v. Canada 1995 CanLII 3577 (FC), [1995] 2 F.C. 272 where at page 13, Reed, J. stated: The law has long set its face against ill defined powers of sub delegation and interpreted such strictly. Decision making by sub delegates, based on broad and undefined powers, can too easily lead to the real reasons for a decision being obscured...; such authority can too easily be exercised in an unfair manner.

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