Legal Terms: Chapter Eight - Administrative Law

Question 1

Administrative Agency

Answer 1

Government bodies created under various federal, provincial and territorial statutes with the purpose of administering particular statutory regimes.

Question 2

Administratif Tribunal

Answer 2

Administrative agency that fulfills quasi judicial functions as part of its mandate.

Question 3

Judicial Review (of decisions by administrative bodies)

Answer 3

Process by which a superior court can review the decision of an administrative body or inferior court on a number of grounds, including substantive review (review of the merits of the decision), review of discretionary decisions and procedural review (review of the process followed in making the decision)

Question 4

Substantive Review

Answer 4

Review of an administrative decision’s merits that considers both the legal and factual bases of the tribunal’s analysis.

Court considers the merits of an administrative decision and determines if the decision is so defective that it should be remitted to a different decision maker for reconsideration.

Question 5

Standard of Review

Answer 5

Defines the level of deference (respect) the court pays to the tribunal when conducting judicial review.

Question 6

Fairness (also procedural fairness or natural justice)

Answer 6

Principle that fairness requires that certain “rights” be accorded to persons engaged with an administrative process, such as the right to notice, the right to be heard and to respond, the right to representation and the right to an adjudicator who is free from bias or an appearance of bias.

Question 7

Prerogative writs

Answer 7

Special common law remedies for administrative infractions