Existing legislation that governs the procedures of adjudicative tribunals in Alberta – the Alberta Administrative Procedures Act – is seriously deficient. It has not kept up to date with new case law, nor does it even apply to a majority of Alberta’s adjudicative tribunals. The ALRI suggests replacing this legislation with the Administrative Powers and Procedures Act. It would apply to all tribunals and because of the diverse range of tribunal functions and resources, include “opt-in” legislation. This flexible implementation method would allow tribunals to select specific statutes, and then apply to the Minister of Justice to grant a ministerial order to have those statutes pertain directly to their tribunal. Part 1 of the report is concerned with increasing pre-hearing efficiency. It suggests several steps or methods tribunals may take to avoid unnecessary or repetitious hearings. Part 2 regards the hearing itself, and provides provisions to ensure that requirements concerning natural justice obligations, notices to participants, and the correct form of hearing are properly adhered to. Part 3 deals with the decision of the tribunal. It submits that reasons be given for all decisions and that tribunals develop time lines for issuing decisions. Part 4 considers all other powers and procedures that do not fall under any other category. For example, each tribunal will be able to design a level of formality appropriate to their needs. Other issues examined are costs, extensions of time, ex parte decisions, provision of interpreters and service of documents.
Final Report
Back to Publication SearchPowers and Procedures for Administrative Tribunals in Alberta, Final Report 79
Resource Details
Publication No: | 79 |
FORMAT: | Publications |
TAGS: | administrative, decision, hearing, joint, Model Code, power, pre-hearing, tribunal |
FILE: | fr079.pdf |