From the relevant Act, the chain of authority is traced to applicable regulations, orders in council, ministerial orders, policies and guidelines. If applicable, investigators look to see how tribunal members are appointed and whether the decision-maker has properly delegated authority and how that authority was established.

Enabling legislation such as the Government Organization Act is also reviewed as it establishes the authority to create programs, delegate powers and duties, enter into agreements and establishes advisory boards/committees/councils.

In most cases, a tribunal's enabling legislation will state the Administrative Procedures Act applies or that the tribunal falls under the requirements of the Administrative Procedures Act by virtue of a list of the Regulations.

Examples of this first fairness factor include:

• An inmate complained his application for a temporary absence pass was denied. The Temporary Absence Appeal Committee form stated: "Your appeal has been considered by the Temporary Absence Committee. The decision of the Committee is final and binding pursuant to the Temporary Absence Regulation." In the course of the investigation the Alberta Ombudsman's office requested a copy of the Temporary Absence Regulation. Several days later the department contacted our Office to report there was no such thing as a Temporary Absence Regulation. No one could explain how this reference to a "phantom" regulation was incorporated into the form.
• An Alberta Act states a department may collect any overpayment of benefits. However, at one time the department's policy stated staff must collect overpayments. This incongruity was carried forward into the application form wherein applicants were required to declare that they understand if they receive benefits to which they are not entitled because of the department's administrative error, the applicants will have to repay the benefits to the department.