Supreme Court

Decision Information

Bourget v Government of the Northwest Territories

Court Supreme Court
Date 1982-02-23
Other citations (1982) – 47 A.R. 220 (N.W.T. S.C.)
File numbers 2461
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Local Government Board v. Aldridge (1915) A.C. 120
Regina v. Harrison (1977) 1 S.C.R. 238
Abrahams v. The Queen (1881) 6 S.C.R. 10
Regina v. Harrison and Graham (1976) 33 C.R.N.S. 60, 67 Ont. S.C.)
Laberge v. The Queen (1977) 38 C.R.N.S. 342 (Que. C.A.)
Regina v. Philbin and Henderson (1977) 37 C.C.C. (2d) 528 Alta. S.C. App. Div.)
Re Stewart v. The Queen (No. 2) (1977) 35 C.C.C. (2d) 281, 284 (Ont. C.A.)
Regina v. Dwyer and Lauzon (1978) 42 C.C.C. (2d) 87, 100-101 (Ont. C.A.)
Figol v. Edmonton City Council (1969) 71 W.W.R. 321 (Alta. S.C. App. Div)
Regina v. Catagas (1978) 1 W.W.R. 282.

Statutes considered:
Environmental Protection Ordinance, R.O.N.W.T. 1974, c. E-3, s. 10
Environmental Protection Ordinance, R.O.N.W.T. 1974, c. E-3, s. 11
Interpretation Ordinance, R.O.N.W.T. 1974, c. I-3, s. 17 (2)
Decision information:

Summary: Applicant contended the Notice is of no legal effect as it is signed by an inspector rather than the Chief Environmental Protection Officer, in contravention of the Ordinance - Respondents contended that the Notice is of legal effect as it was signed by a delegate of the Chief Environmental Protection Officer.
Abstract: Appeal by the Applicant from a Notice served pursuant to section 11 of the Environmental Protection Ordinance to effect clean-up of property
Decision: Appeal allowed - Notice without legal effect as it lacked a duly authorized and statutorily requisite signature - Ordinance does not authorize delegations of duties expressly assigned to the Chief Environmental Protection Officer
Subjects: Environmental law - Water pollution - Legislation - Interpretation
Keywords: Delegation
Authority
Duties

Decision Content

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