What is Admin Law about?

Admin law applies to the exercise of public authority in ways that affect a person or group and,
as such, raise the possibility of review before a specialized tribunal or court

Admin law is the law governing the implementation of public programs making an impact on the
lives and rights of individuals

Most of these programs are administered under the authority of a statute. It creates a new legal
framework, administered by some agency other than the courts of law, designed specifically for
this purpose:

The fairness of admin procedure, especially the opportunity for those immediately affected, or
otherwise interested, to participate in the decision-making process; the adequacy of both the
factual basis and the legal authority for admin action, including its constitutionality; the rational
exercise of discretion; and the availability of legal remedies to challenge the abuse of power by
public bodies and officials

The focus of admin law is not a detailed study of the law of particular programs

The Subject Matter of Public Administration:

The following is not a comprehensive list of public programs
However, they exemplify areas of activity which have often given rise to litigation under admin
law principles:

1) Employment
2) Regulated industries – ie broadcasters, oil & gas, etc
3) Economic activities
4) Professions and trades
5) Social control – ie imprisonment
6) Human rights – the HR statutory schemes apply to private and public, unlike the
Charter
7) Income support
8) Public services
 Legislatures are involved to the extent of enactment of statutes, whether provincial or federal,
and may be question in the legislature about its operation

 Municipalities exercise powers delegated by the provincial legislature, including tax power.
However, municipalities are subject to a measure of provincial control in these areas: standards
may be set by the enabling legislation, ministerial policy directives or guidelines or by the terms
on which provincial funding is provided

 Crown Corporations enjoy substantial independence in their day-to-day operations so that they
can make commercial decisions w/out gov’t interference

However, they also have governmental characteristics: for example, they are established by
statute, they are in public ownership, their boards are appointed by gov’t, and they report to the
legislature through the minister responsible

 Private bodies and public functions – Some bodies derive their legal authority purely from
contract, but, by virtue of the control that they in fact exercise over particular activities and the
nature of the functions they perform, they may resemble admin agencies

Further examples include associations like the Real Estate Board of each province, as well as
Canadian universities, whom nearly all operate under a statutory framework

 Independent admin agencies – include, however, boards, tribunals and commissions. They
have 4 features in common:
a) Independent from the govt department with overall responsibility for the policy area in
which they operate
b) Those liable to be affected by a decision are given an opportunity to participate in the
decision-making process by producing evidence and making submissions
c) Typically operate at or close to the “sharp end” of the admin process: that is, at the point
when the public program is applied to the individual. However, some agencies also operate
at the level of policymaking, and hold hearings to allow those interested to participate in
the formulation of a policy
d) All admin agencies are specialized; they deliver a particular public program or a part of
one. Some agencies may work w/in just one statute, while others may derive their
jurisdiction from several