What is the test for delegating power from a legislative body to a minority of its members?
British Columbia, Canada
The following excerpt is from Trinity Western University v. The Law Society of British Columbia, 2015 BCSC 2326 (CanLII):
It is settled law that a body to which a power is assigned under its enabling legislation must exercise that power itself and may not delegate it to one of its members or to a minority of those members without the express or implicit authority of the legislation, in accordance with the maxim hallowed by long use in the courts, delegatus non potest delegare: Peralta v. Ontario, 1988 CanLII 28 (SCC), [1988] 2 S.C.R. 1045, aff’g (1985), 49 O.R. (2d) 705…
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