Administrative bodies intervene in our daily lives. Their decisions can indeed have concrete and significant consequences. Consider, for example, a decision by the SAAQ refusing compensation following an accident. This also includes the suspension of a driver's licence or the imposition of a medical assessment deemed unjustified.

This type of decision can therefore have significant consequences, both financially and personally. When a decision seems erroneous, unjust, or unreasonable, it is however possible to contest an administrative decision. The appropriate legal mechanisms must nonetheless be followed, and often strict deadlines must be respected.

What is an administrative body?

An administrative body is a public or parapublic entity. Indeed, the state has entrusted it with specialized decision-making powers. These include notably the CNESST, the SAAQ, Revenu Québec, professional orders, or administrative commissions.

These bodies render decisions that can have significant consequences on the rights and obligations of citizens. For a better understanding of the general framework, consult our article on administrative law in Quebec.

First step : analyzing the decision

Before undertaking any steps to contest an administrative decision, it is essential to fully understand the contested decision. In particular, the following must be examined :

• The grounds invoked
• The facts retained
• The applicable legislative provisions
• The deadlines for contesting

Internal remedies : revision or reconsideration

Many administrative bodies offer a mechanism for administrative revision or reconsideration. This process allows the body to review its own decision. It is often based on new elements or on an alleged error.

This type of remedy is generally :

• Faster
• Less costly
• Sometimes mandatory before approaching a tribunal

The remedy before an administrative tribunal

When the internal revision is unsatisfactory, other options are available. This is also the case when it is simply not provided for. It may then be possible to contest an administrative decision before an administrative tribunal. The Tribunal administratif du Québec (TAQ) has jurisdiction in several areas.

The TAQ hears disputes in several areas, including social, economic, and real estate matters. Furthermore, it has particular expertise in administrative law. Depending on the case, it may therefore :

• Confirm the decision
• Overturn it
• Modify it
• Return the file to the body for a new decision

• The Bureau des présidents des conseils de disciplines
• The Commission d'accès à l'information
• The Commission de la fonction publique
• The Commission de protection du territoire agricole
• The Commission des transports du Québec
• The Commission municipale du Québec
• The Commission québécoise des libérations conditionnelles
• The Régie de l'énergie
• The Régie des alcools, des courses et des jeux
• The Régie des marchés agricoles et alimentaires du Québec
• The Régie du bâtiment du Québec
• The Tribunal administratif de déontologie policière
• The Tribunal administratif des marchés financiers
• The Tribunal administratif du logement
• The Tribunal administratif du travail

Judicial review before the courts of ordinary jurisdiction

In certain situations, it is possible to apply to the Superior Court of Quebec. This judicial review remedy generally does not allow the entire file to be reconsidered. It aims rather to verify the legality and reasonableness of the decision rendered.

For example, a judicial review may be warranted if :

• The body exceeded its jurisdiction
• The rules of natural justice were not respected
• The decision is manifestly unreasonable

Why consult a lawyer?

Contesting an administrative decision is governed by strict rules of procedure and law. A quick consultation with a lawyer therefore allows notably :

• Assessing the strength of the remedy
• Determining the most appropriate strategy
• Respecting the deadlines
• Maximizing the chances of success

In conclusion

Contesting a decision made by an administrative body is possible, but requires rigour, promptness, and a thorough understanding of the legal mechanisms in place.

Whether through an internal revision, a remedy before an administrative tribunal, or a judicial review, it is essential to act in an informed manner. An experienced law firm can guide you at every step in order to effectively protect your rights.