Chapter 2 Flashcards
What is the traditional structure under the executive branch of federal and provincial governments?
Responsible government - accountability of the minister of the public
This structure emphasizes the responsibility of ministers to the public and the role of civil service independence.
What does the insulation of civil service from political influence entail?
Independent system for remuneration, promotion, and hiring/dismissal of civil servants
This ensures that civil servants operate without political pressure.
What was the first administrative agency in Canada?
Board of Railway Commissioners (1851)
This agency marked the beginning of administrative agencies in Canada.
What historical events stimulated the development of administrative agencies?
WWI, Great Depression, WWII
These events prompted governments to regulate the economy and influence social issues.
Why do governments create administrative agencies? (List at least three reasons)
- To demonstrate independence
- To reduce size, workload, or budget of a department
- To provide expertise and specialization
These reasons reflect the need for efficiency and specialized functions within government.
What are the categories of Agencies, Boards, and Commissions (ABCs)?
- Adjudicative agencies
- Regulatory agencies
- Advisory agencies
- Operational enterprises
- Operational services agencies
- Crown foundations
- Trust agencies
- Non-scheduled agencies
- ‘watchdog’ bodies
- Commissions and inquiries
Some agencies may perform multiple functions.
What is a key requirement for multi-purpose agencies to ensure fairness?
Separation of functions to avoid unfairness
This involves keeping investigators, prosecutors, and adjudicators separate.
What is the doctrine of ‘subdelegation’?
Adjudicators may not delegate decision-making authority
This principle is crucial for maintaining the integrity of the adjudicative process.
What are administrative tribunals created to do?
Settle disputes over statute-based rights, entitlements, duties
Tribunals provide a mechanism for resolving specific legal disputes.
What governs the powers and duties of tribunals and other ABCs?
Enabling legislation (a statute setting out powers of agency)
This legislation outlines the authority and responsibilities of the agencies.
Why might a government create a specialized tribunal?
- Show impartiality in decision-making process
- Ensure fairness of procedure and outcome
- Allow public participation
- Involve experts in the decision
Specialized tribunals help manage complex issues effectively.
What are some advantages of tribunals over courts?
- Community membership
- Specialized tribunals have subject expertise
- Greater accessibility
- Often more informal than courts
These advantages make tribunals more approachable for the public.
What is adjudication?
Considering evidence and arguments of disputing sides; applying relevant law to make a binding decision
This process is fundamental to resolving disputes in both tribunals and courts.
What are the three forms of hearing?
- Adversarial
- Inquisitorial
- Active
Each form has different procedures for evidence presentation and case management.
What recent structural changes were made to improve agency transparency?
Creation of Tribunals Ontario on Jan 1, 2019, merging several boards and tribunals
This was part of an effort to enhance accountability and efficiency.
What does ATAGAA stand for?
Administrative Tribunals Act, Governance and Accountability Act
This act ensures that adjudicative tribunals operate transparently and accountably.
