The Tribunal

Origin and role

The Tribunal administratif du Québec was established by the Act respecting Administrative Justice adopted by the National Assembly on December 13, 1996. It has been in operation since April 1, 1998.

 

Three main roles
The Tribunal administratif du Québec has three main roles:

 

  1. When a person files a application contesting a decision of a department, agency (régie, board, hospital, etc.) or municipality, the Tribunal must hold a hearing and determine whether this decision should be modified, quashed or upheld.

    Note that according to the Act respecting Administrative Justice, not all decisions made by a department, agency or municipality may be contested before the Tribunal. See the list of proceedings to find out which decisions may be contested.
     
  2. In most proceedings, the Tribunal will offer the parties the possibility of participating in a conciliation session in order to help citizens discuss and negotiate directly with the representative of the department, agency or municipality whose decision they are contesting.
     
  3.  Finally, the Tribunal renders decisions concerning persons who have been deprived of their freedom on account of their mental health condition. To learn more about this, see mental health.

 

A court of last resort that is independent and impartial

The Tribunal administratif du Québec is a court of last resort that is to say that the decisions it renders cannot generally be contested before another tribunal.

The Tribunal is totally independent and separate from any department, agency or municipality. The administrative judges are therefore neutral and unbiased.

 

Processing of proceedings

Since proceedings filed before the Tribunal relate to different sectors of activity (social assistance, education, economic affairs, immovable property, etc.), each proceeding is assigned to one of the following four Divisions and, in the field of mental health, to the Mental Health Division.
 

The Social Affairs Section is the division which hears the greatest number of proceedings.

 

It deals with proceedings in respect of more than 30 laws. It can intervene in matters of compensation, the pension plan, income security or support, social aid and allowances, health services and social services, education, road safety or immigration.

 

Generally, the hearing is conducted by a panel of two judges, one of whom is a lawyer or notary, and the other a doctor, social worker, psychologist or a member of another profession, depending on the case.

 

You can find a list of proceedings of all decisions that can be contested before this section or refer to the Act respecting Administrative Justice.


 

The Mental Health Division is part of the Social Affairs Section. It deals with two types of cases in the field of mental health:

 

  1. Cases concerning the release or detention of persons suffering from a mental disorder who have been accused of having committed a criminal offense, and who have been declared unfit to stand trial by a criminal court or have received a verdict of not criminally responsible on account of mental disorder.

    When the Tribunal assumes this type of function, it is designated as Review Board for mental disorder (Review Board). Part XX. I of the Criminal Code set out the rules that determine the jurisdiction of the Review Board.

    For more information, see Review Board for mental disorder.
     
  2. Some cases concerning the Act respecting the protection of persons whose mental state presents a danger to themselves or others. The Act deals with persons confined in custody in a hospital because they are deemed to be a danger to themselves or others.

    For more information, see persons confined in custody in a hospital.

The Immovable Property Section is responsible for proceedings in respect of more than fifteen laws. Primarily, it renders decisions pursuant to the Act respecting municipal taxation and the Expropriation Act.

 

Generally, the hearing is conducted by a panel of two judges, one of whom is a lawyer or notary and the other a licensed appraiser.

 

To learn more about expropriation.

 

You can find a list of proceedings of all decisions that can be contested before this section or refer to the Act respecting Administrative Justice.

The Territory and Environment Section is responsible for proceedings concerning dozen laws. They are mainly in the field of land protection, agricultural activities and environmental protection.

 

There is a panel of two judges at the hearing, one of whom is a lawyer or notary

 You can find a list of proceedings of all decisions that can be contested before this section or refer to the Act respecting Administrative Justice.

The Economic Affairs Section deals with proceedings in respect of nearly forty laws. They mainly relate to issuance of permits or authorizations provided for under various laws relating to economic, professional or commercial regulation.

There are two judges at the hearing, one of which is a lawyer or notary.

You can find a list of proceedings of all decisions that can be contested before this section or refer to the Act respecting Administrative Justice



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