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

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

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

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

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

6. 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

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

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

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

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

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

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

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

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

15. 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?

16. 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?

17. 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?

18. 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.

19. 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.

20. Adjudication Informal Resolutions: Negotiated Settlement
Consent Orders

21. 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

22. Adjudication Basic Requirements of the Proceeding Notice Disclosure
Decision

23. 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

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

25. 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

26. 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

27. 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

28. Administrative Law Review Questions

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

30. 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.

31. 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.

32. 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

33. 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

34. 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

35. 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

36. NCIT Basic Evaluations
Principles of Administrative Law

37. In general, this instructor:
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38. The style of delivery:
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39. The content:
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40. The amount of material covered:
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41. The usefulness of this session :
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