Principles of Administrative Law <Instructor Name> National Certified Investigator/Inspector Training Basic Program <Instructor Name> <Agency>

What is Administrative Law? A branch of civil law that governs the administrative and adjudicative functions of government and related agencies, boards and tribunals

Functions of Administrative Law Set forth administrative powers Principles for exercising administrative powers Legal remedies for aggrieved parties

Hierarchy of Laws Relevant to Administrative Agencies Constitution/Charter Statutes Regulations Bylaws/Rules

Purpose of Administrative Agencies Set standards and determine violations of standards Licensing Dispensing grants/compensation Public protection

History of Regulatory Bodies in Canada Regulation is done by province Started with the Law Society of Upper Canada in 1797 Trend toward separation of regulatory bodies and professional associations

Characteristics Professional Regulatory Bodies are: Composition: Creatures of Statute Accountable Independent Composition: Board/Council Members/Registrants

Characteristics What Regulatory Bodies do: Fulfill public interest mandate Regulate four main spheres Entry to practice Standards of practice Continuing education Enforcement

Benefits of Administrative Agencies Flexibility Specialized or expert staff and adjudicators Responsive Expeditious Monitor on a continuous and ongoing basis

Powers Of Administrative Agencies Rule-making Legislative Power Enforcement Executive Power Adjudication Judicial Power

Limits On Administrative Agencies Constitutional Limits Division of Federal and Provincial Authority The Charter

Limits On Administrative Agencies Fundamental Justice Fundamental Justice is a requirement of fair procedure, requiring: Notice Hearing

Limits On Administrative Agencies Legislative Limits Executive Limits Statutory Procedural Codes and Court Imposed Requirements and Limitations

Judicially Imposed Procedural Rules – The Duty To Be Fair Principle of Fairness

Judicially Imposed Procedural Rules – The Duty To Be Fair Factors that determine the requirements of fairness: What is the nature of the decision being made (individual or policy decision) What is the process (adversarial; multiparty, investigatory) followed in making it?

Judicially Imposed Procedural Rules – The Duty To Be Fair Factors that determine the requirements of fairness: Is the action a final decision or a non-binding recommendation? The statutorial role of the deciding organization/tribunal. Is there a waiver of rights?

Judicially Imposed Procedural Rules – The Duty To Be Fair Factors that determine the requirements of fairness: Does the case deal with an established right or is it applying for a privilege?

Investigative Function Unless statute law otherwise provides, limited rights are provided to person investigated where the purpose of the investigation is to gather information upon which to decide to commence formal proceedings.

Investigative Function If the result of the investigation is a binding recommendation, or there is no right to make representations to the decision-maker, depending on the nature of the administrative decision, the person affected may have a right to participate more extensively in the investigative process.

Adjudication Informal Resolutions: Negotiated Settlement Consent Orders

Formal Adjudication Nature of Proceedings: “Civil” proceedings with their own set of rules The Rules of Evidence don’t apply but are often followed to some extent Hearsay evidence may be allowed but given limited weight

Adjudication Basic Requirements of the Proceeding Notice Disclosure Decision

Adjudication Practical Issues / Problems Involved with Proceedings Extent of right to legal representation Intervention Bias/Impartiality Separation of Functions Refusal of a request to cross-examine

Proof Burden of Proof Burden of Production Non-Suites Standard of Proof

Appeals Statutory Right Scope of appeal as set out in the statute: Error of fact Error of law Error of a mixed fact and law  Remedies in the statute: Quash the tribunal decision Send the matter back to the tribunal Amend the tribunal's decision

Scope And Standard Of Judicial Review Courts must always assure that the agency: Did not act contrary to constitutional rights, powers, privileges or immunities Acted within the scope of the statutory authority or jurisdiction of the agency Observed the statutory procedures of the agency or procedures otherwise required by law

Scope And Standard Of Judicial Review Courts must always assure that the agency: Reached a decision that is supported by the evidence Reached a decision that is reasonable or, in some cases, correct

Administrative Law Review Questions

Administrative Agencies have the authority to enact: Review Question 1 Administrative Agencies have the authority to enact: Statutes Laws Regulations All of the Above

Review Question 2 Notice of the case against a member and the opportunity to respond are both necessary to the principle of: Statutorial consistency. Balance of powers. Public information. Fundamental justice.

Review Question 3 Setting standards of practice for a profession is one of the purposes for the existence of Administrative Agencies, another purpose is: To determine violations of professional standards. To advocate for the profession. To provide a social network for licensees. To take criminal action against licensees.

Principles of Administrative Law Summary (1 of 4) Administrative agencies exist because they can: handle issues with flexibility ease the case load for courts provide ongoing oversight Regulatory organizations set standards for a profession and determine violations of those standards

Principles of Administrative Law Summary (2 of 4) Fundamental justice requires notice and the right to a hearing Standards of judicial review include ensuring the action was within jurisdiction, supported by facts and done within proper statutory procedures

Principles of Administrative Law Summary (3 of 4) One of the considerations for fair procedure is the seriousness of consequences for the individual A statute is enacted by a legislative body, not the professional body

Principles of Administrative Law Summary (4 of 4) Administrative organizations can establish rules and regulations Admin law: sets forth powers for professional bodies articulates principles for exercising those powers provides legal remedy for individuals aggrieved by the professional body

NCIT Basic Evaluations Principles of Administrative Law

In general, this instructor: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The style of delivery: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The content: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The amount of material covered: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The usefulness of this session : Unacceptable Needs to Improve Is Good Is Very Good Excellent