question
Three branches of the Canadian Government
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1. Legislative
2. Executive
3. Judicial
2. Executive
3. Judicial
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Legislative Branch
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Makes the laws
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Executive Branch
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Enforces the law
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Judicial Branch
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Applies the law
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Which laws are subject to the Constitution
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All laws
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Authority to make laws is divided between what levels of government
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Federal and Provincial governments
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Municipalities are creatures of what level of government
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Provincial
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What section of the Constitution outlines the powers of the Federal government
answer
s. 91
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What section of the Constitution outlines the powers of the Provincial government
answer
s. 92
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The Federal government may make laws for the what of Canada
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Peace, order and good government (POGG)
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What does POGG stand for
answer
Peace, order and good government
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Where provincial and federal laws conflict, which takes precedent
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Federal laws
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Administrative law is
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A branch of public law that regulates the executive branch of government
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Administrative is which part of the 3 branches of government
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Executive Branch
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Administrative law does what to the Executive Branch of government
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Regulates
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What type of law does Administrative law speak to
answer
Public Law
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Administrative law is a means of ensuring
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that government departments do not exceed their authority, abuse their power or follow unfair procedures in their decision making
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Administrative Law is based on the principles of
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Procedural Fairness
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Procedural Fairness is a
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fundamental principle of Administrative Law
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What are the two pillars of procedural fairness
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1. Duty to give notice of decisions that may affect a person and an opportunity to be heard before a decision is rendered
2. Duty to provide impartial decision maker
2. Duty to provide impartial decision maker
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Public Law
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- Deals with the structure and operation of government
- Regulates how the three branches of government must carry out their responsibilities
- Regulates how the three branches of government must carry out their responsibilities
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Public Law governs the relationship between
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individuals and government
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Private Law regulates relationships between
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individuals
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Private Law includes what areas of law
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- Torts
- Contract Law
- Property Law
- Family Law
- Contract Law
- Property Law
- Family Law
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In Private Law, recourse through aggrieved parties is through
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the courts
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With society's increasing complexity, additional government structures have been created to
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meet society's needs
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What is the result of additional government structures
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Proliferation of special interest bodies or agencies
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What are the roles of Agencies, Boards and Commissions (ABC's)
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1. Give Advice
2. Set Standards
3. Regulate business and professions
4. Co-ordinate activities of government departments
5. Provide goods and services
2. Set Standards
3. Regulate business and professions
4. Co-ordinate activities of government departments
5. Provide goods and services
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Advisory agencies
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- Provide advice to a ministry
- Assist in development of policy and delivery of programs
- NO decision making powers
- Assist in development of policy and delivery of programs
- NO decision making powers
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An example of an Advisory Agency is
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The Livestock Medicines Advisory Committee
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Operational Service Agencies
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Deliver goods or services to the public for little or no fee
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An example of an Operational Service Agency
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Ontario Tourism Marketing Partnership Corporation
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Operational Enterprises
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Sell goods or services to the public
- may compete with the private sector
- may compete with the private sector
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An example of an Operational Enterprise
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Ontario Lottery and Gaming Corporation
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Regulatory Agencies
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Make independent decisions that limit or promote the conduct, practice, obligations, rights and responsibilities of individuals, businesses and corporate bodies
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An example of a Regulatory Agency
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Workplace Safety and Insurance Board
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Adjudicative Agencies
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Make independent decisions in resolving disputes over obligations, rights and responsibilities of individuals and government decision makers under existing policies and laws
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An example of an Adjudicative Agency
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Ontario Labour Relations Board
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Adjudicative Agencies are also referred to as
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Tribunals
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Crown Foundations
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Solicit, manage, and distribute donations of money or other assets to support public organizations (such as galleries and museums)
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An example of a Crown Foundation
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Art Gallery of Ontario Foundation
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Trust Agencies
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Administer funds or other assets for beneficiaries named under a statute
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An example of a Trust Agency
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The Workplace Safety and Insurance Board
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What is Administrative Law
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- Regulates how government and agencies must act when carrying out their functions
- Is focused primarily on government bodies that act under statute
- Area of law governs how the courts must review the decisions of government departments and agencies
- Is focused primarily on government bodies that act under statute
- Area of law governs how the courts must review the decisions of government departments and agencies
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Why do we have Administrative Law
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- New agencies created to take on tasks that government previously did
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Why was Administrative Law necessary
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To ease the burden on our government offices
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What did Administrative Law do
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Created expert Tribunals that were focused on efficiency and access to justice
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Who is subject to the principles of administrative law
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Any individual or body that exercising power granted through a statute or regulation
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The SPPA applies only to
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Tribunals
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The SPPA does NOT apply to
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Government Officials
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The SPPA sets out
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procedures that all tribunals must follow when required by law to hold a hearing or to give parties an opportunity for a hearing before the tribunal exercises a statutory power of decision
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The SPPA will apply to non-governmental organizations whenever
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they are making a decision they have been empowered to make by statute
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The SPPA does not apply to what types of hearings
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Hearings held by a
- court
- legislative activities of investigations or
- inquiries that result in non-binding recommendation
- court
- legislative activities of investigations or
- inquiries that result in non-binding recommendation
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What are the fundamentals of Administrative Law
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- Jurisdiction
- Discretion
- Procedural Fairness
- Subdelegation
- Discretion
- Procedural Fairness
- Subdelegation
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Jurisdiction
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decision makers must restrict themselves to the authority given to them by statute
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Discretion
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may only be exercised with reasonableness
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Procedural Fairness
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also known as Natural Justice
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Subdelegation
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no delegation of decision making
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What is a Judicial Review
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Allows the superior courts to review the decisions of officials/bodies where there is an alleged breach of administrative law
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Judicial review is inherently related to the
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Rule of Law - ensures government decisions are subject to the laws and not individual biases
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Judicial review is an inherent power of the
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superior courts (exists even if it is not written anywhere in statute)
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What courts are involved in Judicial Review
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- Federal Court of Canada
- Divisional Court (Ontario)
- Divisional Court (Ontario)
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Federal Court of Canada
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Federal departments and agencies
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Divisional Court (Ontario)
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Ontario departments and agencies
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What powers do the reviewing courts have
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- Declare action taken to be illegal
- Quash a decision by agency or official
- Order an official or agency to take action they are required to
- Forbid or prohibit an official or agency from taking action
- Require an official or agency to follow fair procedure
- Quash a decision by agency or official
- Order an official or agency to take action they are required to
- Forbid or prohibit an official or agency from taking action
- Require an official or agency to follow fair procedure
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