ADMINISTRATIVE LAW Judicial Review
Grounds of Review
Appeal from Federal Court decision (2006 FC 1531) R.C.M.P. Stoppage of Pay and Allowances Regulations, SOR/84-886 not ultra vires—Regulations, s. 2 authorizing Commissioner to order stoppage of pay and allowances of member suspended from duty—Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, s. 22(3) empowering Treasury Board to make regulations “respecting the stoppage of pay and allowances of members who are suspended from duty” —Use of “respecting” indicating Parliament not intending Treasury Board itself to specify particular instances justifying stoppage of pay, allowances—Subdelegation to Commissioner intended by necessary implication—Reference in Regulations, s. 2 (as am. by SOR/88-649, s. 1) to non-existent Act, s. 13.1 clearly meant as reference to s. 12.1—Appeal dismissed.
Kindratsky v. Canada (Attorney General) (A-46-07, 2007 FCA 332, Nadon J.A., judgment dated 22/10/07, 3 pp.)