Administrative Tribunals: Difference between revisions
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The rules of procedure and evidence are set by the provincial government. Some provinces have unified legislation covering administrative bodies of all types within the province. <ref> | The rules of procedure and evidence are set by the provincial government. Some provinces have unified legislation covering administrative bodies of all types within the province. <ref> | ||
Examples include <br> | Examples include <br> | ||
AB: Administrative Procedure and Jurisdiction Act, RSA 2000, c. A-3.<br> | AB: [https://canlii.ca/t/560xx Administrative Procedure and Jurisdiction Act, RSA 2000, c. A-3].<br> | ||
BC: Administrative Tribunals Act, S.B.C. 2004, c. 45.<br> | BC: [https://canlii.ca/t/561jt Administrative Tribunals Act, S.B.C. 2004, c. 45].<br> | ||
ON: Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.<br> | ON: [https://canlii.ca/t/553sq Statutory Powers Procedure Act, R.S.O. 1990, c. S.22].<br> | ||
QC: An Act Respecting Administrative Justice, CQLR c. J-3. | QC: An Act Respecting Administrative Justice, CQLR c. J-3. | ||
</ref> | </ref> | ||
Revision as of 16:48, 17 January 2024
General Principles
An administrative tribunal is an adjudicative body that determine complaints brought within various fields of specialization.
A tribunal will get its powers from the "express language" of the legislation that creates it.[1]
- Rules of Procedure and Evidence
The rules of procedure and evidence are set by the provincial government. Some provinces have unified legislation covering administrative bodies of all types within the province. [2] Additional rules will be enacted through other legislation and regulations germane to the field.
- Procedural Fairness and Natural Justice
All administrative tribunals are bound by common law duties of "natural justice" and "procedural fairness."
What constitutes "procedural fairness" will vary on the context of each case.[3]
- Standing
Any party whose interest or rights are affected by the decison may potentially have standing.[4]
- ↑ Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), [1992] S.C.J. No. 21 at para. 17
- ↑
Examples include
AB: Administrative Procedure and Jurisdiction Act, RSA 2000, c. A-3.
BC: Administrative Tribunals Act, S.B.C. 2004, c. 45.
ON: Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.
QC: An Act Respecting Administrative Justice, CQLR c. J-3. - ↑ Baker v Canada (Minister of Immigration and Citizenship), [1999] SCJ 39
- ↑ Corp. of the Canadian Civil Liberties Assn. v. Ontario (Civilian Commission on Police Services), [2006] O.J. No. 4699 at para. 8