The Tribunal

Origin and role

The Tribunal administratif du Québec was established by the National Assembly on December 13, 1996, and has been in operation since April 1, 1998.

Three main roles

  1. Contestation
    When a person files a procceding to contest a decision of a department, a public body (board or hospital, etc.), or a municipality, the Tribunal must hold a hearing to determine whether this decision should be varied, quashed, or confirmed.
     
  2. Conciliation
    In most files, the Tribunal asks the parties to participate in a conciliation session. Conciliation allows the person contesting to discuss and negotiate directly with the person representing the department, body, or municipality that rendered the contested decision.
     
  3. Mental health
    The Tribunal renders decisions concerning the liberty of certain persons according to their 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:

Review Board for mental disorder

Where a person is charged with a criminal offence and a criminal court has determined that the person is not responsible on account of mental disorder or is unfit to stand trial. When the Tribunal reviews these types of file, it is called the Review Board for mental disorder.

For more information, see Review Board for mental disorder.

Persons confinedin a hospital

When a person is confined in a hospital because considered dangerous to himself or to others.

For more information, see Persons confined 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 classified heritage property, 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



Web Design by Egzakt