Administrative Tribunals
General Principles
An administrative tribunal is an adjudicative body that determines complaints brought within various fields of specialization.
A tribunal will get its powers from the "express language" of the legislation that creates it.[1]
- Rules of Procedure and Evidence
The rules of procedure and evidence are set by the provincial government. Some provinces have unified legislation covering administrative bodies of all types within the province. [2] Additional rules will be enacted through other legislation and regulations germane to the field.
- Procedural Fairness and Natural Justice
All administrative tribunals are bound by common law duties of "natural justice" and "procedural fairness."[3] This duty covers both procedural fairness and any decisions that affect "rights, privileges and interests of an individual".[4]
What constitutes "procedural fairness" will vary on the context of each case.[5]
- Standing
Any party whose interest or rights are affected by the decision may potentially have standing.[6]
- Appeals
When appealing a tribunal decision on an issue of fairness, the standard of review is one of correctness.[7]
- ↑ Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), 1992 CanLII 84 (SCC), [1992] 1 SCR 623, at para 17
- ↑
Examples include
AB: Administrative Procedure and Jurisdiction Act, RSA 2000, c. A-3.
BC: Administrative Tribunals Act, S.B.C. 2004, c. 45.
ON: Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.
QC: An Act Respecting Administrative Justice, CQLR c. J-3. - ↑ Moreau-Bérubé v. New Brunswick (Judicial Council), [2002] 1 S.C.R. 249, 2002 SCC 11, at para 75
- ↑
Alberta (Funeral Services Regulatory Board) v. Strong, 2006 ABQB 873 (CanLII), <https://canlii.ca/t/1q4nz at para 24
Moreau-Bérubé at para 75
Cardinal v. Kent Institution, 1985 CanLII 23 (SCC), [1985] 2 S.C.R. 643, at 653 (SCR) - ↑ Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817, <https://canlii.ca/t/1fqlk>
- ↑ Canadian Civil Liberties Association v. Ontario Civilian Commission on Police Services, 2006 CanLII 39455 (ON CA), <https://canlii.ca/t/1q2c8>, at para. 8
- ↑
Alberta (Funeral Services Regulatory Board) v Strong at para 23 ("There is no need to consider the standard of review with respect to the first issue. Evaluating whether the duty of fairness has been adhered to by a tribunal is left to the court’s assessment ...The Appeal Board decision on this issue must be correct.")
Moreau-Bérubé v. New Brunswick (Judicial Council), [2002] 1 S.C.R. 249, 2002 SCC 11, at paras. 74-75
Power Over Process
A tribunal has a common law power over its own process.[1]
In certain jurisdictions, this common law power is codified.[2]
- ↑
Roman Volfson v. Olga Shuster, 2003 ONFSCDRS 120 (CanLII)
Greater Vancouver Sewerage and Drainage District v. Director, Environmental Management Act, 2016 BCEAB 17 (CanLII), at para 25
Kane v. Bd. of Governors of U.B.C., 1980 CanLII 10 (SCC), [1980] 1 SCR 1105, <https://canlii.ca/t/1mjtx>
Innisfil Township v. Vespra Township, 1981 CanLII 59 (SCC), [1981] 2 SCR 145, <https://canlii.ca/t/1txdn>
Knight v. Indian Head School Division No. 19, 1990 CanLII 138 (SCC), [1990] 1 SCR 653, <https://canlii.ca/t/1fszg>
Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817, <https://canlii.ca/t/1fqlk>
- ↑
e.g. Statutory Powers Procedure Act, ss. 23.1 and 25.0.1(a) see Volfson ("This codifies the common law principle that tribunals have power to make rules governing practice and procedure and to make procedural orders in any particular proceeding")
e.g. Administrative Tribunals Act, SBC 2004, c 45, <https://canlii.ca/t/561jt>, The Administrative Tribunal Jurisdiction Act, SM 2021, c 28, <https://canlii.ca/t/553c7>
Procedure
Under the Ontario SPPA, s. 7, a tribunal is entitled to proceed with a hearing in the absence of the respondent.[1] Where there has been suitable notice and there was public interest to proceed in their absence, the tribunal may continue.[2]
- ↑ Chin Yong Ahn v. 4900 Bathurst Street Ltd, 2014 ONSC 7325 (CanLII)
- ↑
Ontario (College of Physicians and Surgeons of Ontario) v. Deep, 2010 ONCPSD 20 (CanLII)
Ontario (College of Physicians and Surgeons of Ontario) v. Marcin, 2019 ONCPSD 4 (CanLII)
Evidence
Administrative Tribunals often are not bound by the same rules of evidence as a proper court.[1]
There is some authority that even in the absence of specific exemptions from the rules of evidence, an administrative tribunal may still not be bound by a given rule of evidence.[2]
Depending on whether the tribunal applies federal or provincial law, the evidence may be subject to either the federal Canada Evidence Act or one of the provincial Evidence Acts.[3] In most circumstances, the tribunal will be included in the Act's definition of "court."
- ↑ {{CanLIIRC|Maitland Capital Ltd. v. Alberta (Securities Commission)|23l5v|2009 ABCA 186 (CanLII), at para 9 Relies on s. 9 of securities Act to say hearsay rules do not apply.
- ↑ R v Canadian Recording Industry Association v. Society of Composers, Authors and Music Publishers of Canada, 2010 FCA 322 (CanLII) per JA , at paras 20 to 21
- ↑
NS: Evidence Act, RSNS 1989, c 154
ON: Evidence Act, RSO 1990, c E.23