Competent authority: legal definition and example
Definition
The competent authority is the court, tribunal or administrative body that has the legal power (jurisdiction) to decide a matter or perform an act. Jurisdiction is determined by subject matter (e.g. the TAL for dwelling leases, the Court of Québec for claims under $75,000) and by territory (judicial district).
Example
A tenant claims $3,000 from their landlord for loss of enjoyment. The competent authority is the Tribunal administratif du logement, not the Small Claims Division, because the dispute concerns a residential lease.
Legal references
- Code of Civil Procedure, arts. 33 to 48 (jurisdiction of the courts).
- Act respecting the Tribunal administratif du logement, s. 28.
