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8 views9 pages

Al4 16

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lostbilla66
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Administrative Law: Principles and Advocacy, 4th Edition

CHAPTER 16
Enforcement of Tribunal Orders

Emond
Copyright Montgomery
© 2020 Publications
Emond Montgomery Publications. All rights reserved.
Administrative Law: Principles and Advocacy, 4th Edition 2

Authority to Enforce a Tribunal


Order
• Enforcement of an order is set out in the tribunal’s
governing statute
• In Ontario, section 19 of Statutory Powers
Procedures Act (SPPA) contains enforcement
provisions
• In BC, section 54 of Administrative Tribunals Act
(ATA) contains enforcement provisions

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 3

Authority to Enforce a Tribunal


Order (cont’d)
Who may apply for enforcement of an order?
• Tribunals rarely enforce their own decisions

• Generally, party who will benefit from the decision


must take action to enforce an order

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 4

Enforcement Mechanisms and


Remedies
Three main mechanisms for enforcement:

• Treating order as an order of civil court and using


civil procedures to obtain compliance
• Treating violation of order as an offence and
prosecuting the violator in a criminal proceeding
• Treating violations as contempt and initiating
contempt proceedings in a superior court

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 5

Enforcement Mechanisms and


Remedies (cont’d)
Civil Court Order

• Party can start enforcement steps immediately


after tribunal order given (e.g., demand letter)
• Statute may deem tribunal’s order to be a court
order; if not, injured party or tribunal must apply to
civil court

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 6

Enforcement Mechanisms and


Remedies (cont’d)
Prosecution as an Offence

• A statute may provide that failure to obey a


tribunal’s order is an offence
• Party who will benefit from the order, the
government, or others, may prosecute the violator
• Prosecution involves laying charge and proving
violation in criminal court

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 7

Contempt Proceedings
Availability may arise through:

(1) Violation of the order as a breach of a civil


court order
(2) Statutory provisions stating contempt is an
available remedy
(3) The inherent common-law right of superior
courts to protect the integrity of tribunal decisions

Copyright © 2020 Emond Montgomery Publications. All rights reserved.


Administrative Law: Principles and Advocacy, 4th Edition 8

Contempt Proceedings (cont’d)


• Court must have authority to punish for contempt

• Superior courts have inherent authority

• Person may apply to lower (“inferior”) court for


remedy for contempt of tribunal’s order only
where court has statutory authority to punish
• Injured party automatically granted standing

• Contempt of tribunal’s order may be civil


wrongdoing or a criminal offence
Copyright © 2020 Emond Montgomery Publications. All rights reserved.
Administrative Law: Principles and Advocacy, 4th Edition 9

Injunctions, Prohibition Orders,


Mandamus, and Declarations
• Injunction is appropriate where person violating
tribunal order is not a government decision-maker
• Order in an application for judicial review called a
prohibition or an injunction
• Application for judicial review may result in order
of mandamus; where mandamus is not available,
applicant may request a declaration that a
government is violating the order
Copyright © 2020 Emond Montgomery Publications. All rights reserved.

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