Sandamali had been running a business in a small municipality for a number of years. She wasn't always up to date on the relevant legal issues facing her business, but she always acted ethically and treated her customers well. After a number of notices from the municipality went unanswered, Sandamali had her business licence withdrawn. Which of the following would not be grounds upon which she might challenge the decision?
A) The legislation was intra vires.
B) The regulations relied on were not authorized by statute.
C) The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power.
D) The legislation was invalid under the Charter of Rights and Freedoms.
E) The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act, 1867.

Question

Quizplus · Accepted Answer

The term "intra vires" means within the powers of the body that enacted the legislation, implying that the legislation was properly enacted within the legal authority of the municipality or relevant government body. Therefore, arguing that the legislation was intra vires would not be a ground to challenge the decision, as it suggests the legislation was valid and within legal authority.

Sandamali Had Been Running a Business in a Small Municipality