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BC CLE Administrative Law Practice Manual Chapter 2 - Administrative law decision-makers Vancouver, BC June 20, 2012 Robin Junger Can you spot them? – Many types of decision-makers that are subject to administrative law principles – Some are easy to spot but others are not – Do not assume these decision-makers all know who they are – Do not be afraid to discuss their administrative law duties with them 2 Delegation – Many statutory decisions are made by delegates – Important to determine the source of delegation and terms of it – People rarely ask but have the right to – Delegating party cannot direct the decision but does have some residual responsibilities 3 Role of policy – Many benefits – reasonable consistency – due regard for governmental interests in a transparent and appropriate manner – enhances efficiency – Many challenges – term is used in different ways by different people – tough to know when to depart from it – must respect underlying statute 4 Know your decision-maker or tribunal – Do not be afraid to ask basic questions – Review any rules of practice and procedure – Consider observing a hearing before appearing – Review prior decisions including procedural rulings 5 Don’t forget the Ombudsman – Broad powers to investigate “matters of administration” – Jurisdiction over many public bodies – Cannot order remedy but recommendations are very influential 6 Robin Junger McMillan LLP [email protected] 7