this to do a less formal determination of whether the common law rule places a reasonably justifiable limit. An entire McKinney If it is an of the YES: ‘organ organization government’ Community everything it does is college such as subject to the Charter Douglas college Created by statute, public purpose or NO: funded by A university government is NOT governing CONCLUSIVE of an body is not organization being an appointed by of government’ ‘organ the Gov. Legal control test to determine if an Corporations, organization is an despite being of government’ ‘organ created by look at the makeup of statute. the governing body, is this controlled by government. Godbout If the organization YES: fulfills a quintessential Municipality governmental subject to the function it is subject Charter in all to Charter. actions. Factors: Elections- Power to make laws and enforce them- conferred by prov taxation One specific Eldridge One specific function YES: function of may be subject to the Hospital an charter, even if the delegated organization organization is not power to part of government, IF provide ‘necessary specifically delegated services’ by Government. and doesn’t
this to do a less formal determination of whether the common law rule places a reasonably justifiable limit. An entire organization McKinney If it is an ‘organ of the government’ everything it does is subject to the Charter YES: Community college such as Douglas college NO: A university governing body is not appointed by the Gov. Corporations, despite being created by statute. Created by statute, public purpose or funded by government is NOT CONCLUSIVE of an organization being an ‘organ of government’ Legal control test to determine if an organization is an ‘organ of government’ look at the makeup of the governing body, is this controlled by government. Godbout If the organization fulfills a quintessential governmental function it is subject to Charter. Factors: Elections- Power to make laws and enforce them- conferred by prov taxation YES: Municipality subject to the Charter in all actions. One specific function of an organization Eldridge One specific function may be subject to the charter, even if the organization is not part of government, IF specifically delegated by Government. YES: Hospital delegated power to provide ‘necessary services’ and doesn’t