What is Administrative Law?

All levels of government make laws and regulations that affect us every day. For example, the municipal government makes laws about whether a certain type of business can operate in a particular neighbourhood; the provincial government makes laws about the minimum wage and number of hours that an employer has to give to an employee; the federal government makes laws about our right to employment insurance and the rates we pay for telephone service; and some specialists, such as doctors and accountants, are governed by organizations that establish rules for practising their professions.

The resolution of disputes involving government laws and how they are applied is called administrative law.

How Tribunals Are Involved

If you disagree with a decision that a particular government agency has made that affects you, a special board (an administrative tribunal) will hear your complaint and make a decision about your case. For example, if a federal government agency has denied you employment insurance benefits when you lost your job, a special tribunal would hear your complaint. A tribunal is sometimes called a “board” or a “commission”. In BC, the procedures of tribunals are governed by the Administrative Tribunals Act, as well as the internal bylaws and regulations developed by each agency, commission or board.

Types of Tribunals

There are hundreds of municipal, provincial, and federal tribunals – some try to resolve disputes between parties and some set standards and regulations for particular industries. In general, we can categorize tribunals by their mandate – that is, what they were established to do:

• Adjudicative tribunals resolve disputes between two parties.
• Some tribunals make decisions about a person’s rights or benefits.
• Some tribunals hear complaints about professionals.
• Regulatory tribunals set regulations for the better operation of an industry.
• Appeal tribunals hear appeals from decisions that were made by a decision maker or other tribunal.