Administrative law is a branch of public law. It encompasses all rules governing the organization of the State, its powers, and its relations with citizens. Unlike private law, which regulates relationships between individuals, public law concerns relations between the various branches of the State and between the State and individuals.

The role of the executive branch

The main mission of the executive branch is to implement the laws adopted by the legislative branch and interpreted by the judiciary. To do so, it exercises powers delegated by the legislature. Under these powers, the executive may adopt regulations (known as quasi-legislative functions) and exercise certain quasi-judicial functions through its administrative tribunals.

Primary administrative law

Primary administrative law includes all the rules that govern :

• The organization and operation of public administrative bodies : it defines how the executive branch is structured and how its components interact.
• The means of administrative action : regulations, permits, subsidies, contracts, etc.

Secondary administrative law

Secondary administrative law focuses on mechanisms controlling the exercise of executive power.

These mechanisms ensure that public administration exercises its power legitimately, lawfully, and fairly.

Two types of bodies exercise this control :

• Bodies under the legislative branch (such as parliamentary assemblies) assess the quality of administrative action from political, financial, or management perspectives. They monitor budgetary discipline, efficiency, and respect for fundamental values.
• Bodies under the judicial branch examine the legality of administrative decisions and the civil or criminal liability of public authorities.

Administrative tribunals : a pillar of administrative law

Administrative tribunals play a key role in applying administrative law. They allow citizens to challenge decisions made by ministries, public agencies, or municipalities.

The Tribunal administratif du logement (TAL)

The Administrative Housing Tribunal handles most disputes related to residential leases. It has jurisdiction, notably, over :

• Applications involving residential leases valued under $100,000;
• Requests regarding renewal, rent setting, repossession, or change of use of a dwelling;
• Cases concerning the demolition, sale, or conversion of a building into divided co-ownership;
• The TAL may also review certain decisions, notably in matters of rent fixing or lease modification.

The Tribunal administratif du travail (TAT)

The Administrative Labour Tribunal is divided into four sections, each with a specific area of jurisdiction :

• Labour relations : cases involving job protection, collective bargaining rights, and pay equity;
• Occupational health and safety : appeals of decisions issued by the CNESST;
• Essential services : maintenance of essential services during strikes or work stoppages;
• Construction and professional qualification: matters related to the construction industry, including qualification and accreditation issues.

The Tribunal administratif du Québec (TAQ)

The Administrative Tribunal of Quebec (TAQ) hears appeals from citizens contesting decisions made by ministries, public agencies, or municipalities.

It performs three main functions :

1. Adjudication : it holds hearings and determines whether the contested decision should be upheld, modified, or overturned.

2. Conciliation : it offers parties the opportunity to settle their dispute amicably.

3. Mental health : it decides on the liberty of individuals based on their mental state, particularly in cases involving institutional detention or matters under the Review Board for Mental Disorder.

The TAQ is an independent tribunal and generally serves as the last possible recourse. Its administrative judges are neutral and impartial.

The Tribunal is structured into several specialized divisions :

• Social affairs : cases involving income security, health, education, immigration, and other social programs.
• Real estate affairs: disputes concerning municipal taxation and expropriation.
• Land and environment : matters concerning agricultural land protection, environmental quality, or heritage property.
• Economic affairs : cases involving permits, licenses, or authorizations governed by laws with economic, professional, or commercial impact.

In conclusion

Administrative law governs the powers and responsibilities of the State in its dealings with citizens. It also seeks to maintain a balance between the efficiency of public administration and the protection of individual rights.

Through administrative tribunals, every citizen has the right to a fair recourse when they believe a governmental or municipal decision has infringed upon their rights. These recourses ensure greater transparency and stricter oversight of public decisions.

Finally, for any questions related to administrative law, whether to challenge a decision, understand your obligations, or exercise your rights, our firm is here to assist you. Our public and administrative law team will help you navigate the legal process and effectively defend your interests.