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An Act Respecting Administrative Justice

The Act respecting administrative justice (R.S.Q. Chapter J-3) establishes the procedures that public departments and agencies must follow when making individual decisions in respect of a physical or moral person. The Québec Ombudsman often refers to this Act when investigating cases.

Below is a link to excerpts of this law. The entire version can be read on the Publications of Quebec website (Reproduction authorized by Les Publications du Québec. The Québec Ombudsman assumes no responsibility for the accuracy or reliability of any reproduction derived from the legal materials on this site. The legal materials on this site have been prepared for convenience of reference only and have no official sanction. For all purposes of interpreting and applying the law, users should consult the Revised Statutes of Québec as amended by statutes published in the Gazette officielle du Québec).

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R.S.Q., chapter

An act respecting administrative justice

Purpose.

1. The purpose of this Act is to affirm the specific character of administrative justice, to ensure its quality, promptness and accessibility and to safeguard the fundamental rights of citizens.

Rules of procedure.

This Act establishes the general rules of procedure applicable to individual decisions made in respect of a citizen. Such rules of procedure differ according to whether a decision is made in the exercise of an administrative or adjudicative function, and are, if necessary, supplemented by special rules established by law or under its authority.

Administrative Tribunal.

This Act also institutes the Administrative Tribunal of Québec and the Conseil de la justice administrative.

1996, c. 54, s. 1.

Title I
General rules governing individual decisions made in respect of a citizen

Chapter I
Rules specific to decisions made in the exercise of an administrative function

Procedures.

2. The procedures leading to an individual decision to be made by the Administration, pursuant to norms or standards prescribed by law, in respect of a citizen shall be conducted in keeping with the duty to act fairly.

1996, c. 54, s. 2.

Administration.

3. The Administration consists of the government departments and bodies whose members are in the majority appointed by the Government or by a minister and whose personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1).

1996, c. 54, s. 3; 2000, c. 8, s. 242.

Duties.

4. The Administration shall take appropriate measures to ensure

1) that procedures are conducted in accordance with legislative and administrative norms or standards and with other applicable rules of law, according to simple and flexible rules devoid of formalism, with respect, prudence and promptness, in accordance with the norms and standards of ethics and discipline governing its agents and with the requirements of good faith;

2) that the citizen is given the opportunity to provide any information useful for the making of the decision and, where necessary, to complete his file;

3) that decisions are made with diligence, are communicated to the person concerned in clear and concise terms and contain the information required to enable the person to communicate with the Administration;

4) that the directives governing agents charged with making a decision are in keeping with the principles and obligations under this chapter and are available for consultation by the citizen.

1996, c. 54, s. 4.

Order or unfavourable decision.

5. An administrative authority may not issue an order to do or not do something or make an unfavourable decision concerning a permit or licence or other authorization of like nature without first having

1) informed the citizen of its intention and the reasons therefor;

2) informed the citizen of the substance of any complaints or objections that concern him;

3) given the citizen the opportunity to present observations and, where necessary, to produce documents to complete his file.

Exception.

An exception shall be made to such prior obligations if the order or the decision is issued or made in urgent circumstances or to prevent irreparable harm to persons, their property or the environment and the authority is authorized by law to reexamine the situation or review the decision.

1996, c. 54, s. 5.

Decision.

6. An administrative authority that is about to make a decision in relation to an indemnity or a benefit which is unfavourable to a citizen must ensure that the citizen has received the information enabling him to communicate with the authority and that the citizen's file contains all information useful for the making of the decision. If the authority ascertains that such is not the case or that the file is incomplete, it shall postpone its decision for as long as is required to communicate with the citizen and to give the citizen the opportunity to provide the pertinent information or documents to complete his file.

Application for review.

In communicating the decision, the administrative authority must inform the citizen that he has the right to apply, within the time indicated, to have the decision reviewed by the administrative authority.

1996, c. 54, s. 6.

Observations.

7. Where, upon the request of a citizen, a situation is reexamined or a decision is reviewed, the administrative authority shall give the citizen the opportunity to present observations and, where necessary, to produce documents to complete his file.

1996, c. 54, s. 7.

Reasons.

8. An administrative authority shall give reasons for all unfavourable decisions it makes, and shall indicate any non-judicial proceeding available under the law and the time limits applicable.

1996, c. 54, s. 8.

Chapter II
Rules specific to decisions in the exercise of an adjudicative function

Procedures.

9. The procedures leading to a decision to be made by the Administrative Tribunal of Québec or by another body of the administrative branch charged with settling disputes between a citizen and an administrative authority or a decentralized authority must, so as to ensure a fair process, be conducted in keeping with the duty to act impartially.

1996, c. 54, s. 9.

Hearing.

10. The body is required to give the parties the opportunity to be heard.

Hearings.

The hearings shall be held in public. The body may, however, even of its own initiative, order hearings to be held in camera where necessary to maintain public order.

1996, c. 54, s. 10.

Hearing.

11. The body has, within the scope of the law, full authority over the conduct of the hearing. It shall, in conducting the proceedings, be flexible and ensure that the substantive law is rendered effective and is carried out.

Evidence.

It shall rule on the admissibility of evidence and means of proof and may, for that purpose, follow the ordinary rules of evidence applicable in civil matters. It shall, however, even of its own initiative, reject any evidence which was obtained under such circumstances that fundamental rights and freedoms are breached and the use of which could bring the administration of justice into disrepute. The use of evidence obtained in violation of the right to professional secrecy is deemed to bring the administration of justice into disrepute.

1996, c. 54, s. 11.

Requirements.

12. The body is required to

1) take measures to circumscribe the issue and, where expedient, to promote reconciliation between the parties;

2) give the parties the opportunity to prove the facts in support of their allegations and to present arguments;

3) provide, if necessary, fair and impartial assistance to each party during the hearing;

4) allow each party to be assisted or represented by persons empowered by law to do so.

1996, c. 54, s. 12.

Decisions.

13. Every decision rendered by the body must be communicated in clear and concise terms to the parties and to every other person that the law indicates.

Decisions.

Every decision terminating a matter, even a decision communicated orally to the parties, must be in writing together with the reasons on which it is based.

1996, c. 54, s. 13.