Part 1 – Introduction to the Law Chapter 3 – Business Regulation Prepared by Michael Bozzo, Mohawk College © 2015 McGraw-Hill Ryerson Limited 3-1

 Administrative law  Administrative tribunals  Government regulation of business and professionals  Regulatory control  The hearing process  Types of administrative law  Appeals Process © 2015 McGraw-Hill Ryerson Limited 3-2 Overview

 Administrative law  Includes laws, rules, decisions, directives of boards, agencies, officials, and commissions  Includes all levels of government  Administrative tribunals  Agencies created by legislation to regulate activities or do specific things © 2015 McGraw-Hill Ryerson Limited 3-3 Introduction

 Process  Statute creates the board, commission, or agency to supervise an activity  Sets out broad policy guidelines for the regulation of the activity  Sometimes boards can be in conflict with each other © 2015 McGraw-Hill Ryerson Limited 3-4 Introduction

 Regulation of Business and Professions  Much of business activity is regulated  Important that businesses are aware of such regulation  Failure to comply can lead to closing of business or penalties  Most professions are regulated by self governing bodies  Law Societies, College of Physicians and Surgeons, etc. Government Regulation © 2015 McGraw-Hill Ryerson Limited 3-5

 Professions and Skilled Service Providers  Professionals: usually a self governing body  Business persons or trades: branch of a particular ministry of the government handles regulation  Policy goals  Certification or entry requirements  Education/training process set up  Registration or licensing process  Body has the right of revocation of licenses Regulatory Control © 2015 McGraw-Hill Ryerson Limited 3-6

 Authority  Bodies have power to deny or revoke the rights of a person to practice a profession or engage in a trade  May be empowered to levy sanctions and/or penalties  Natural Justice  Such powers must comply with natural justice  Notice of charges against a member  Opportunity to prepare and present a case  Right to a decision with reasons which can be appealed to the courts and overturned if unreasonable Hearing Process © 2015 McGraw-Hill Ryerson Limited 3-7

 Federal government has passed laws that affect business practices  These laws create many licensing and compliance requirements for business Weights and measures, packaging  Set ground rules for how business can be done and not done Advertising, discrimination, competition Broad Policy Administrative Law © 2015 McGraw-Hill Ryerson Limited 3-8

 Employment  Labour Relations Legislation  Union certification, collective bargaining, etc.  Human Rights Boards  Pay Equity  Employment Standards  Workers Compensation Broad Policy Administrative Law © 2015 McGraw-Hill Ryerson Limited 3-9

 Securities Regulation  Issuance of securities  Regulation of investment dealers and brokers  Protection from unfair or fraudulent practices  Control of Supplies and Services  Energy boards, gas boards, agricultural boards  Telecommunications, inter-provincial transportation, banking, commercial activities Broad Policy Administrative Law © 2015 McGraw-Hill Ryerson Limited 3-10

 Municipal Regulation  Delegated by provincial governments to municipalities  Land Development  Planning legislation  Zoning by laws Broad Policy Administrative Law © 2015 McGraw-Hill Ryerson Limited 3-11

 Quasi-judicial  Administrative boards decisions are quasi- judicial in nature  Decisions must be reached in a fair and just manner  Requires an appeal process to ensure natural justice  Some provide for internal appeal process Appeal Process © 2015 McGraw-Hill Ryerson Limited 3-12

 Judicial Review  If no appeal process exists then decision is final and binding unless the decision or process is flawed  If decision or process is flawed can appeal to courts for judicial review of the decision  Usually not overturned unless patently unreasonable, biased decision maker or rules of natural justice not followed Appeal Process © 2015 McGraw-Hill Ryerson Limited 3-13

 Purpose  Boards established to regulate activities, professions, and various trades  Establish registration and licensing system  Set up to regulate and control activities  Appeals allowed under judicial review © 2015 McGraw-Hill Ryerson Limited 3-14 SUMMARY