Glossary

These definitions are specific to the Tribunal administratif du Québec. The terms defined may have other meanings in different contexts.

Public Administration

All agencies pertaining to the State (e.g. government departments, municipalities, boards, hospitals, commissions, etc.).

Hearing

official meeting where you must submit your evidence and your arguments to the administrative judges. Consult the detailed explanation.

Notice of hearing

Letter sent by the Tribunal informing you of the date and place of a hearing.

Breach of order

The fact that an accused has not respected the conditions set out by the Review Board for mental disorder Review Board for mental disorder.

Caucus

During a conciliation session, a time when the conciliator discusses certain points in private with the person who has filed a proceeding or with the representative of the department, agency or municipality.

Summons

Document sent by the Tribunal to witnesses requiring them to be present at a hearing of the Tribunal on a certain date. Consult the detailed explanation.

Declaration under oath

A written document in which you solemnly declare before a person authorized under law to act as a commissioner of oaths or a lawyer/notary, that the facts set out in this written document, or in another written document, are true.

Detainee

A person whose liberty is restricted. For example, an accused person suffering from a mental disorder who is detained in a hospital and may not leave the hospital without authorization. The liberty of the accused is thus restricted.

Expert

Specialist in a particular field. For example, a cardiologist is a doctor who is an expert in heart disease. A certified appraiser is an expert in the determination of the value of a building.

Expert evidence

A scientific opinion submitted to a judge and often presented in the form of a report. For example, an expert psychiatric assessment is the opinion of a psychiatrist as to a person’s mental health.

In Camera

Decision of the Tribunal to prohibit the presence of the public at a hearing.

Incidental Compensation

The amount of money fixed by the Tribunal to compensate for the all of the damages caused directly by expropriation (ex.: moving expenses).

Principal compensation

The amount of money fixed by the Tribunal to compensate for the value of an expropriated building or of an expropriated real property right (ex: building, land, servitude, etc.).

Certified Interpreter

Holder of a permit valid for this purpose and entered on the roll of the Ordre professionnel des traducteurs, terminologues et interprètes agréés du Québec.

Working Day

Day which is not a Saturday, Sunday or a holiday.

Administrative Judge

Member of the Tribunal administratif du Québec exercising the functions of judge, appointed by Council of Ministers, who acts independently and impartially.

Party

Person, government department, agency, municipality, company or any other legal person involved in a proceeding before the Tribunal. Witnesses and victims are not parties.

Evidence

Anything which is used to establish a fact, to support an allegation or to support a point of view. A piece of evidence may be, for example, a photograph, an invoice, a contract, etc, or testimony.

Minutes

A written report of what has been said or done during a hearing.

Attorney General

One who either institutes proceedings on behalf of society and of the State, or ensures their defence, depending on the case. The Minister of Justice of Quebec is ex officio the Attorney General.

Expert report

Report drafted by an expert and which is available to the Tribunal as evidence.

Proceeding

The act of contesting a decision of a department, agency or a municipality by submitting a writen application to the Tribunal.

Amicable settlement

A written and signed agreement by which the parties choose to agree on a solution, generally involving compromise.

Application

Written application to the Tribunal to contest a decision of a department, agency or municipality. This request is called a motion to institute a proceeding.

Servitude

The right to use the land of another person, for example, in order to obtain access to another parcel of land.

Verdict of unfit to stand trial

Decision rendered by a judge of a criminal court declaring an accused "unfit to stand trial ". A judge may render such a decision, in particular, if the accused does not understand the reason for or possible consequences of the charges against him, or, if he is unable to communicate with his lawyer to ensure his defence.

Verdict of not criminally responsible on account of mental disorder

Decision rendered by a judge of a criminal court declaring an accused "not criminally responsible on account of mental disorder ". A judge may render such a decision if the accused suffers from a mental disorder which prevented him from understanding the nature and the quality of his actions under the circumstances, when he committed the criminal offence. At this time, the accused is neither convicted or acquitted.

Visio-hearing

System which enables the parties and administrative judges to see and hear each other, despite the fact that they are located in different places, operated by use of cameras and screens that are installed for the transmission and projection of images and sound.



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