Wk3 Administrative and Aboriginal Laws Flashcards
What is Public Law?
It sets out the rules for the relationship between a person and society and for the roles of different levels of govt. This includes:
-Criminal law ( body of law that prohibits certain kinds of conduct and imposes sanctions for unlawful behaviour)
-Constitutional law (rules regulating the functioning of the state)
-Administrative law
What is Private(civil) Law?
It sets out the rules for the relationships between people. This includes:
-Contracts
-Torts
Property ownership
-Rights and duties of family members
Delegation of Powers
-Federal and Provincial Legislators cannot pass laws to govern every situation
-Therefore, federal and provincial govts delegate many of their law-making powers, as well as the power to administer and implement the laws, to administrative agencies.
-Administrative law is based on the principle that govt action must be legal, and that citizens who are affected by unlawful govt acts must have effective remedies
-the resolution of disputes involving govt laws and how they are applied is called ADMINISTRATIVE LAW (aka invisible law)
Regulatory Agencies
-A public authority that has the responsibility of making decisions in specific areas of activity
-areas such as employment, health and trade are complex and require specialized rules and policies
-regulatory agencies make rules and regulations, provide supervision or oversight and enforce policies
Self-Governing Agencies
-agencies such as professional organizations, regulate the conduct of their members
-e.g. EGBC, Architectural Institute of BC, Institute of Chartered Accountants of BC
Types of Regulatory Agencies
- Self-Governing Agencies
- Independent Government Agencies
- Government Agencies
Independent Government Agencies
-these agencies regulate activities according to govt legislation, but they operate separately from govt
-they may be called commissions, boards or tribunals
-e.g. National Energy Board
Government Agencies
-certain branches of govt create rules and regulations in specific areas and are responsible for enforcing govt policies
-e.g. Employment Standards, Income Tax
Jurisdiction
-Administrative tribunals must act within the scope of the powers delegated to them by their empowering legislation
-if tribunals take action not authorized by their empowering legislations they are deemed to have exceeded their jurisdiction
-in that case courts interpret the enabling legislation and determine whether it permits the tribunals actions
Procedural Fairness
- Administrative agencies must follow proper procedure in arriving at their decisions.
- In some situations, a statute or regulation will set out the basic procedures that govern the process of decision making; such as:
-what the notice must be given of a hearing and to whom
-the right to have counsel
-the right to call evidence and cross-examination of witnesses. - Where a statute establishes no procedures, common-law principles apply
Right of Appeal
-A citizen’s ability to challenge administrative decisions in court depends on the availability of an appeal or judicial review and the status of the individual who comes before the court
-In most cases, a citizen’s remedy is restricted to having an administrative decision quashed
-the remedy could be relief as in the re-instatement of a license
-in some situations, a statute will provide that the decision of the tribunal cannot be appealed to or reviewed by the courts
-often, this occurs in fields of specialized expertise, such as labour relations
The Standard of Review
-Courts consider how much deference they must give to an administrative decision maker.
-courts will generally consider whether a decision was reasonable or correct depending on the circumstances.
BC Admin Law Directory
-agriculture, environment and resources
-citizenship, rights and law enforcement
-culture and information
-employment and labour
-finance, industry, and trade
-health and health professionals
-housing, property and construction
-professionals and associations
