Category: Administrative Law Page 8 of 41

By: Shaun Fluker

Legislation Commented On: Bill 15 – Education (Reforming Teacher Profession Discipline) Amendment Act (30^th Legislature, 3^rd Session, Minister of Education)

PDF Version: Red Flags with Bill 15 – Education (Reforming Teacher Profession Discipline) Amendment Act

One day the Supreme Court of Canada will revisit its 2001 decision in Ocean Port Hotel Ltd v British Columbia (General Manager, Liquor Control and Licensing Branch), 2001 SCC 52 (CanLII), [2001] 2 SCR 78, because the Court will eventually have to address its failure in Ocean Port to give adequate consideration to the importance of real independence in the administrative process established by the executive branch, both in matters generally and more particularly in disciplinary proceedings. The disciplinary process for Alberta teachers, recently added to the Education Act, SA 2012, c E-0.3 by Bill 15, is a case in point. The Minister of Education stated at the beginning of second reading for the bill that the Commissioner in charge of the disciplinary process “would operate at arm’s length from the ministry.” (Alberta Hansard, April 21 2022 at 767) This post examines Bill 15 to assess the accuracy of the Minister’s claim, and concludes that not only is the Commissioner not sufficiently independent of the Minister, the disciplinary process as a whole exhibits very little indicia of being independent.

Reviewing Regulations Post-Vavilov: Ecology Action Centre v Canada (Part II)

By Mark Mancini

On December 24, 2021

In Administrative Law, Environmental

By: Mark Mancini and Martin Olszynski

PDF Version: Reviewing Regulations Post-Vavilov: Ecology Action Centre v Canada (Part II)

Case Commented On: Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII)

This is the second post on the Federal Court’s recent decision in Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII). For the background on this decision, see Martin Olszynski’s first post here.

Are Regional (and other) Assessments pursuant to the Impact Assessment Act Justiciable? Ecology Action Centre v Canada (Part 1)

By Martin Olszynski

On December 22, 2021

In Administrative Law, Environmental

By: Martin Olszynski

PDF Version: Are Regional (and other) Assessments pursuant to the Impact Assessment Act Justiciable? Ecology Action Centre v Canada (Part 1)

Case Commented On: Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII)

The applicants sought judicial review in Federal Court of the “Regional Assessment of Offshore Oil and Gas Exploratory Drilling East of Newfoundland and Labrador” (the Offshore Exploratory Regional Assessment), initiated as a “regional study” under the previous Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52 (CEAA, 2012) but converted into a “regional assessment” under the current Impact Assessment Act, SC 2019, c 28, s 1 (IAA) when the latter came into force in 2019. The Offshore Exploratory Regional Assessment and Report were prepared by a committee established by both the federal and provincial governments and submitted to the Minister of Environment and Climate Change Canada (the Minister). The applicants also sought judicial review of the subsequently promulgated Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells) (the Offshore Exploratory Regulations) pursuant to paragraph 112(1)(a.2) of the IAA, the effect of which was to exclude offshore exploratory drilling from undergoing individual impact assessments on a go-forward basis. Both applications were dismissed.

Procedural Fairness When Challenging Timeline Extensions for Freedom of Information Requests

By Drew Yewchuk

On September 27, 2021

In Administrative Law

By: Drew Yewchuk

PDF Version: Procedural Fairness When Challenging Timeline Extensions for Freedom of Information Requests

Decision Commented On: Blades v Alberta (Information and Privacy Commissioner), 2021 ABQB 725 (CanLII)

The recent decision in Blades v Alberta (Information and Privacy Commissioner), 2021 ABQB 725 (CanLII) (Blades) relates to two issues ABlawg has previously covered. First, the challenges of getting government records in a timely manner using the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP). Prior posts on FOIP have discussed the challenges with the information request process, and the challenges presented by the review process at the Office of the Information and Privacy Commissioner. Second, the Alberta government’s decision to revoke the 1976 Coal Development Policy for Alberta. See the list of coal-related ABlawg posts listed at the top of this post. Looking past those specifics, Blades is a judicial review decision about an administrative body’s obligation of procedural fairness and the right to be heard by the administrative decision-maker.

Stakeholders Expected Consultation on the Coal Policy Rescission: Was There a Legal Duty?

By Aimee Huntington

On April 7, 2021

In Administrative Law, Energy, Environmental

By: Aimee Huntington, Niall Fink & Peter Shyba

PDF Version: Stakeholders Expected Consultation on the Coal Policy Rescission: Was There a Legal Duty?

Cases Commented On: Blades et al v Alberta; TransAlta Generation Partnership v Regina, 2021 ABQB 37 (CanLII)

This is the sixth ABlawg post on Alberta Energy’s decision to rescind the 1976 Coal Development Policy for Alberta (the “Coal Policy”) in May of 2020 (the “Rescission”). Much has happened since May. At the time of writing, Energy Minister Sonya Savage has temporarily reinstated the Coal Policy with a commitment to “engage with Albertans in the first half of 2021 about the long-term approach to coal development in Alberta.” A Coal Policy Committee has been established, although details on public consultation remain unclear. It is also unclear whether the reinstatement renders moot the case of Blades et al v Alberta, an application for judicial review by two cattle ranchers initiated in July of 2020 (the “Blades Application”). Finally, it is still unclear how the reinstatement will affect approvals for coal exploration granted between rescission and reinstatement (on this point, see Nigel Bankes’ previous post). What is clear is that the government’s duty to consult stakeholders on changes to the Coal Policy will remain contentious in the foreseeable future.

The Blades Application highlighted multiple potential sources of an obligation to consult stakeholders, including provisions in the Alberta Land Stewardship Act, SA 2009, c A-26.8 (ALSA), the common law, and constitutional claims raised by Indigenous intervenors. This post considers one particular source for this obligation: the legitimate expectations of stakeholders in the South Saskatchewan Region. We do so in light of the recent treatment of the doctrine of legitimate expectations in TransAlta Generation Partnership v Regina, 2021 ABQB 37 (CanLII).