ENVS 3200 Environmental Law Final Exam Practice Test Questions &
Answers
In Administrative law, who is the relationship between? - correct answer ✔✔An individual or
business and the government
Purpose of Administrative Law - correct answer ✔✔Try to mitigate and create fair decisions
ADM - correct answer ✔✔Administrative decision makers
Who are ADM's? - correct answer ✔✔Politicians (ministers)
What sort of decisions are 'administrative decisions? - correct answer ✔✔Granting licences,
permits, any other approval to a company of individual ie Species at Risk Ex
Where/how do administrative decision-makers get their power? - correct answer ✔✔Through
legislation, can act only as far as legislation gives them
What is the NSUARB? - correct answer ✔✔Nova Scotia Utility and Review Board
Where does NSUARB get its power - correct answer ✔✔Utility and review board Act, others
Why do we have ADMs like NSUARB? - correct answer ✔✔A lot more efficient for an
organization to be dedicated to one specific thing Hence why we have review boards
How are ADMs different from courts? - correct answer ✔✔- Less formal than courts
- can ask questions, investigate
, - have own layers and experts
What rules govern fairness of ADMs? - correct answer ✔✔Common Law Rules
What is a case example of Procedural Fairness? - correct answer ✔✔Baker Case
What was the Baker case and how does it display procedural fairness? - correct answer ✔✔-
Immigrant, with a Canadian-born children, ordered deported
- Applied for exemption, humanitarian and compassionate grounds; denied
- SCC: decision-maker appeared to be biased, and did not consider all relevant factors, namely
impact on Ms. Baker's children
Are procedural fairness requirements the same in every situation? - correct answer ✔✔No,
varies on a case to case basis
Elements for procedural fairness - correct answer ✔✔o Notice of the decision to be made
o An unbiased decision-maker
o Opportunity to comment during the decision-making process
o Provision of reasons
o Right for other affected partied to intervene
Right to an oral hearing
What was the Baker's case decision? - correct answer ✔✔- ADM must not be biased (or appear
to be)
- ADM must consider all relevant factors and not consider irrelevant factors
- May include a duty to give reasons... when?
Answers
In Administrative law, who is the relationship between? - correct answer ✔✔An individual or
business and the government
Purpose of Administrative Law - correct answer ✔✔Try to mitigate and create fair decisions
ADM - correct answer ✔✔Administrative decision makers
Who are ADM's? - correct answer ✔✔Politicians (ministers)
What sort of decisions are 'administrative decisions? - correct answer ✔✔Granting licences,
permits, any other approval to a company of individual ie Species at Risk Ex
Where/how do administrative decision-makers get their power? - correct answer ✔✔Through
legislation, can act only as far as legislation gives them
What is the NSUARB? - correct answer ✔✔Nova Scotia Utility and Review Board
Where does NSUARB get its power - correct answer ✔✔Utility and review board Act, others
Why do we have ADMs like NSUARB? - correct answer ✔✔A lot more efficient for an
organization to be dedicated to one specific thing Hence why we have review boards
How are ADMs different from courts? - correct answer ✔✔- Less formal than courts
- can ask questions, investigate
, - have own layers and experts
What rules govern fairness of ADMs? - correct answer ✔✔Common Law Rules
What is a case example of Procedural Fairness? - correct answer ✔✔Baker Case
What was the Baker case and how does it display procedural fairness? - correct answer ✔✔-
Immigrant, with a Canadian-born children, ordered deported
- Applied for exemption, humanitarian and compassionate grounds; denied
- SCC: decision-maker appeared to be biased, and did not consider all relevant factors, namely
impact on Ms. Baker's children
Are procedural fairness requirements the same in every situation? - correct answer ✔✔No,
varies on a case to case basis
Elements for procedural fairness - correct answer ✔✔o Notice of the decision to be made
o An unbiased decision-maker
o Opportunity to comment during the decision-making process
o Provision of reasons
o Right for other affected partied to intervene
Right to an oral hearing
What was the Baker's case decision? - correct answer ✔✔- ADM must not be biased (or appear
to be)
- ADM must consider all relevant factors and not consider irrelevant factors
- May include a duty to give reasons... when?
