Chapter 3: Foundations of Administrative Law

Question 1

What is Admin Law

Answer 1

the body of rules and principles that regulate:

1. How gov’t agents must behave when doing tasks
2. Judicial authority to supervise behaviour
3. procedures for reviewing the behaviour
4. Remedies for violation of behaviour and principles

Question 2

6 Principals of Admin Law

Answer 2

1. Jurisdiction: Admins must be with jurisdiction as per enabling statute
2. Discretion: Must use discretion reasonably
3. fairness: Must use procedural fairness if the decision affects an individual more so than the general public
   3, Sub delegation: a delegated person cannot subdelegate
4. Subordinate legislation: Regulation and municipal bylaws must comply with enabling statute
5. If any of the 5 steps are missed can be placed fro judicial review

Question 3

jurisdiction

Answer 3

The scope of authority and powers bestowed on a gov’t body or official by legislation or common law

Question 4

Determining jurisdictions

Answer 4

1. The enabling statute
2. Implied power Doctrine: what it takes to complete the mission
3. Inherent power doctrine: whatever it takes to complete the job

Question 5

What are the 4 factor considered as reasonable

Answer 5

1. Options considered are consistent with the purpose of enabling statute
2. Adjudicator must consider only relevant information
3. Similar cases should be decided similarly
4. Discretion must be exercised in good faith

Question 6

Fettering Discretion

Answer 6

When a decision-maker refuses to consider all relevant information when making a decision.

Question 7

3 things a decision-maker cannot do:

Answer 7

1. Rule out options law requires it to consider
2. not make a decision
3. Refuse to consider any factor relevant to the decisions

Question 8

How id discretion exercised:

Answer 8

Keeping discretion open, unfettered vs Consistency in how discretion is exercised

Question 9

How is Discretion Balanced

Answer 9

1. Policies and guidelines: If not required by statute adjudicator must be allowed to depart from them
2. Consultation: Adjudicator makes final decision/ Not required to consider others /No pressure/ No new info or facts

Question 10

2 obligations to ensure procedural Fairness

Answer 10

1. Notify, give reason of notice, Give opportunity to challenge
2. Provide impartial decision maker

Question 11

Obligation of Impartiality

Answer 11

Two Potential Requirements:
1. Decision-maker must approach a decision with an open mind
2. Decision-maker must be independent
Government Administrators:
1. Not expected to be independent
2. Must be unbiased and act in good faith

Question 12

Subdeleegation and 3 exceptions

Answer 12

Cannot subdelegate however there 3 exceptions:

1. A Minister may delegate statutory powers to public servants in the ministry
2. The enabling statute specifically or impliedly authorizes it
3. The delegation is of a purely administrative function

Question 13

The Validity of Subordinate Legislation

Answer 13

Regulations must be consistent with:

1. The enabling statute’s objectives
2. The scope of the regulatory powers given by the enabling statute (explicit and implicit)
3. The Charter

Question 14

Judicial Review

Answer 14

A court hearing in which judges determine the validity of an administrative decision.
applies to :
1. Anyone directly and substantially affected may apply
2. Being constitutional, it cannot be prohibited
3. It reviews the process of the decision rather than the decision itself