What is the standard of review for an administrative tribunal to exceed its jurisdiction?
British Columbia, Canada
The following excerpt is from Western Canada Wilderness Committee v. B.C. (Chief Forester), 1996 CanLII 3588 (BC SC):
36 However, where the issue involves the decision maker's jurisdiction to decide a matter (as opposed to an issue within its jurisdiction), the applicable standard of review is not whether it is reasonable but whether it is "correct": U.E.S. Local 298 v. Bibeault, 1988 CanLII 30 (SCC), [1988] 2 S.C.R. 1048. At p. 1086, Beetz J. summarized the circumstances in which an administrative tribunal will exceed its jurisdiction because of error: 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 my 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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