Chapter 3 Flashcards
What is Administrative Law?
Rules founded on six fundamental principles:
* Decision-makers must stay within jurisdiction
* Administrators to use reasonable discretion
* Administrators to follow ‘procedural fairness’
* Authority cannot be subdelegated
* Delegated legislation conforms to statute
* Courts can rectify violations by ‘judicial review’
These principles ensure that administrative actions are lawful and fair.
Why did Administrative Law develop?
Rules were needed to scrutinize and regulate administrative agencies’ activities.
This development addresses the growing complexity of government functions and the need for accountability.
Who is subject to Administrative Law?
Any individual/body exercising power granted by statute or regulation, including:
* Government entities
* Universities and hospitals
* Self-regulating professions established by statute
This broad application ensures that various organizations adhere to legal standards.
What is procedural fairness?
Any person whose rights, privileges, or interest may be affected is entitled to:
* Notice of decision and reasons for it
* Opportunity to respond
Procedural fairness is a key aspect of natural justice.
What does ‘jurisdiction’ refer to in Administrative Law?
Scope of authority/powers given to a government body or official by legislation or common law.
Jurisdiction can be derived from statutes and common law, defining the limits of administrative power.
What is meant by ‘ultra vires’?
Acting outside of jurisdiction.
This term indicates actions taken by an agency that exceed the powers granted to them.
What are the limits on a decision-maker’s discretion?
Four limits include:
* Fettering discretion
* Acting reasonably
* Following established guidelines
* Considering all relevant options
These limits ensure that discretion is not misused or applied arbitrarily.
What is subdelegation in Administrative Law?
Generally, an official may not delegate decision-making power to someone else, except:
* When a statute states that a ministry ‘may’ do something
* When specifically authorized by statute
This principle maintains accountability among decision-makers.
What are the two types of delegated legislation?
Two types include:
* Regulations made under statutes
* By-laws passed by municipalities
Delegated legislation allows for detailed rules to be established under the authority of a statute.
What is the basic principle regarding the validity of delegated legislation?
Regulations and bylaws must be consistent with objectives of their enabling statutes.
This principle ensures that delegated legislation does not overstep its authority.
What is the duty of impartiality in decision-making?
Decision-maker must approach decision with an open mind and be independent.
Impartiality is crucial to maintaining fairness in administrative processes.
What are the five main sources of fairness obligations?
Sources include:
* Individual enabling statutes
* Statutes of general application to agencies or tribunals
* Common law
* Canadian Charter of Rights and Freedoms
* Section 35 of the Constitution Act, 1982
These sources collectively shape the standards of fairness in administrative law.
What is the Ontario Statutory Powers Procedure Act (SPPA)?
A statute of general application that outlines procedural fairness in administrative processes in Ontario.
Similar statutes exist in other provinces, each governing administrative procedures.
What is judicial review?
The inherent power of superior courts to review alleged violations of fundamental principles of administrative law.
Judicial review serves as a check on administrative powers, ensuring adherence to the law.
True or False: The right to judicial review is constitutional in nature.
True
This means it is available even when a statute prohibits it, emphasizing its importance in upholding the rule of law.
What can courts do when hearing judicial review applications?
Generally, courts can:
* Declare action illegal
* Quash a decision
* Order required actions
* Forbid illegal actions
* Require fair procedures
* Order release of illegally imprisoned persons
These powers reinforce the accountability of administrative agencies.
