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Are Objectives Pillar actions required?

Are Objectives Pillar actions required?. Objectives Pillar Workshop 2009. Mandatory/ Discretional decisions. Both mandatory and discretional decisions are involved when taking Objectives Pillar actions

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Are Objectives Pillar actions required?

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  1. Are Objectives Pillar actions required? Objectives Pillar Workshop 2009

  2. Mandatory/ Discretional decisions • Both mandatory and discretional decisions are involved when taking Objectives Pillar actions • For example, the decision to issue an order is discretional but the tests by which the order is made is mandatory • All decisions, whether mandatory or discretional are governed by Administrative Law Principles

  3. Administrative Law Principles • Jurisdiction • Proper use of discretion • Proper delegation • Avoid fettering • Relevance • Proper purpose • Arbitrariness • Reasonableness • Fairness • Remedies for improper decisions

  4. Proper Delegation • FRPA allows for delegation and is supported by delegation matrices • Designed to be delegated to the “appropriate’ person(s)

  5. Avoid Fettering • Decision maker must exercise their authority freely

  6. Relevance • DDM must consider all relevant factors

  7. Proper Purpose • Must use discretion in light of all the facts and circumstances

  8. Arbitrariness • Similar decisions should have similar results

  9. Reasonableness • Common test of what would the reasonable person do ?

  10. Is Government Action Needed? • First step is to identify the real problem that needs fixing! • Facilitate a solution by setting up a “procedurally fair” process to support effective decision making • The process set in place up front should be designed to ensure all decisions are consistent with administrative law principles

  11. Is Government Action Needed? • Are legal actions required or would policy direction or other tools suffice? • To answer this question some follow-up questions could be asked: • Has there been any direction provided by “Corporate government”? • Has “Corporate government” asked staff for advice before considering offering direction? • Is there existing legal direction in this or other legislation • What is the significance or sensitivity of the resource affected? • What is risk of impacts, if action not taken?

  12. Is Government Action Needed? Cont’d • Is there a significant public, First Nations or government expectation to take legal actions? • What types of legal options exist for the resource value at risk?

  13. Is Government Action Needed? Cont’d • Has there been any direction provided by government?

  14. Is Government Action Needed? Cont’d • Has government asked staff for advice before considering offering direction? • Assessment of gaps in existing decisions • Non-legal tools • Risks if legal action not taken • Identified need

  15. Is Government Action Needed? Cont’d • Is there existing legal direction in this or other legislation ? • What is the significance or sensitivity of the resource affected?

  16. What types of legal options exist for the resource value at risk? • Objectives Pillar choice of actions available; • LUOR – objective • GAR – land designations, objectives, measures, features • FRPA s 56 0bjective, • FRPA s 58 order • FPPR s 7 notice

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