What is the effect of erroneous construction of a statute by officers of the Crown?
Saskatchewan, Canada
The following excerpt is from Dominion Bridge Company v. Saskatchewan Government Telephones, 1963 CanLII 371 (SK QB):
An erroneous construction of a statute by officers of the crown affords no ground to recover for such construction (Kennedy v. Minister of National Revenue [1929] Ex CR 36). Departments of government, and this applies equally to agents of the crown, are governed by and must have statutory authority for or obtain legislative sanction for their administrative acts. The authority of agents of the crown is limited to the powers conferred by statute and if an agent or department presumes to act beyond its or their statutory powers, such act is not binding upon the crown. (See In re Westbury [1948] 1 WWR 753, at 771.)
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