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Representing Yourself Before an Administrative Tribunal Table of Contents WARNING This document provides general information and does not constitute a legal opinion. Its contents should not be used to attempt to respond to a particular situation. In this document, the masculine includes both men and women, depending on the context. Legal deposit – Bibliothèque nationale du Québec, 2013 Legal deposit – National Library of Canada, 2013 1st quarter 2013 Last update, October 2018 ISBN 978-2-923946-04-7 (PRINTED) ISBN 978-2-923946-05-4 (PDF) © Fondation du Barreau du Québec, 2013 All rights reserved Fondation du Barreau du Québec 445 St-Laurent Blvd. Montreal, Quebec H2Y 3T8 Telephone: 514 954-3461 • Fax: 514 954-3449 E-mail: [email protected] Web site: www.fondationdubarreau.qc.ca Project Director: Mtre. Claire Morency Authors: Mtre. Véronique Baril Mtre. Nataly Gauvin Mtre. Janick Perreault, Ad. E. Mtre. Marie-Claude St-Amant Mtre. Philippe-André Tessier The Fondation du Barreau would like to thank all those who generously contributed their insightful comments. Graphic and visual design: Septembre éditeur With the financial support of : Pantone 876 copper (C-30, M-50, Y85, B-0) Solid Black 3 FOREWORD More and more people are choosing to represent themselves before tribunals, without a lawyer. The Fondation du Barreau du Québec makes general information available to these individuals to help them better understand the main steps of the process before a tribunal and what steps they should take. The fourth guide in this series is intended more specifically for people wishing to go through such a process before an administrative tribunal. It is meant to demystify what happens in an administrative proceeding and assist individuals who choose to represent themselves, from the filing of an application before an administrative tribunal until a decision is rendered. Although it should not be used as an exhaustive source of information, we hope this guide will help you understand what is involved in an administrative proceeding. In the same series: REPRESENTING YOURSELF IN COURT for Civil Matters, published in the 2nd quarter of 2009. REPRESENTING YOURSELF IN COURT for Family Matters, published in the 3rd quarter of 2010. REPRESENTING YOURSELF IN COURT for Criminal and Penal Matters, published in the 3rd quarter of 2012. The words and expressions in bold type and in colour in the text (the colour varies depending on the chapter) refer to definitions you will find in the glossary at the back of this guide. The addresses of the websites given in this guide could change. REPRESENTING YOURSELF BEFORE AN ADMINISTRATIVE TRIBUNAL TABLE OF CONTENTS 4 INTRODUCTION 7 STEP 2 FILING A PROCEEDING BEFORE THE ATQ 25 CHAPTER 1 2.1 Drafting an introductory motion 25 2.2 Where to send your motion 26 REPRESENTING YOURSELF BEFORE 9 2.3 The deadline for filing a motion 26 AN ADMINISTRATIVE TRIBUNAL: 2.4 The fees for filing a motion 27 WHAT YOU SHOULD KNOW STEP 3 THE STAGES OF A PROCEEDING BEFORE 28 STEP 1 THE ATQ DECIDING WHETHER OR NOT TO BE 10 3.1 Receipt of your motion by the Tribunal 28 REPRESENTED BY A LAWYER 3.2 The stages after the motion is filed 29 1.1 Your right to be represented by a 10 3.2.1 Discontinuing your proceeding 29 lawyer 3.2.2 The management conference 29 1.2 Your right to represent yourself before 11 3.2.3 The pre-hearing conference 30 an administrative tribunal 3.2.4 Conciliation 30 1.3 Should you hire a lawyer or not? 11 3.2.5 Settling out of court 32 What questions you should ask yourself STEP 4 PREPARING FOR A HEARING BEFORE 33 STEP 2 THE ATQ THE ROLE OF EVERYONE INVOLVED 14 4.1 Reviewing your file 33 2.1 The lawyer 14 4.2 Identifying and preparing your 34 2.1.1 Your lawyer 15 witnesses 2.1.2 The lawyer for the other party 15 4.3 The applicable law 35 2.2 The administrative judge 15 2.2.1 The Administrative Tribunal 16 STEP 5 of Québec (ATQ) judge THE HEARING BEFORE THE ATQ 37 2.2.2 The Administrative Labour 16 5.1 The notice of hearing 37 Tribunal (ALT) judge 5.2 The day of the hearing 37 2.2.3 The Régie du logement (Régie) 16 5.2.1 Preliminary applications 38 judge 5.2.2 Presentation of the evidence 38 2.3 The conciliator 17 5.2.3 The arguments (plea) 39 2.4 The administrative tribunal staff 17 2.5 Rules of conduct before administrative 17 STEP 6 tribunals WHAT HAPPENS AFTER THE ATQ MAKES 41 ITS DECISION 6.1 Executing the decision 41 CHAPTER 2 6.2 Contesting the decision 41 6.2.1 Special recourses before the 41 REPRESENTING YOURSELF BEFORE 21 ATQ THE ADMINISTRATIVE TRIBUNAL 6.2.2 Appealing a decision before 42 OF QUÉBEC (ATQ) the Court of Québec 6.2.3 Judicial review of a decision 42 STEP 1 before the Superior Court THE ATQ’S JURISDICTION 22 1.1 The social affairs division 23 1.2 The immovable property division 23 1.3 The territory and environment division 24 1.4 The economic affairs division 24 CHAPTER 3 CHAPTER 4 REPRESENTING YOURSELF BEFORE 45 REPRESENTING YOURSELF BEFORE 71 THE ADMINISTRATIVE LABOUR THE RÉGIE DU LOGEMENT (RÉGIE) TRIBUNAL (ALT) STEP 1 STEP 1 THE RÉGIE’S JURISDICTION 72 JURISDICTION OF THE ALT 46 STEP 2 1.1 The labour relations division 48 FILING A PROCEEDING BEFORE THE RÉGIE 74 1.2 The occupational health and safety 49 2.1 Drafting an application 74 division 2.2 Where the application should be filed 75 1.3 The essential services division 49 2.3 The deadline for filing an application 75 1.4 The construction industry and 49 2.4 The fees payable when filing an 75 occupational qualification division 5 application STEP 2 STEP 3 COMMENCING AN ACTION WITH THE ALT 51 THE STAGES OF A PROCEEDING BEFORE 76 2.1 Drafting the originating pleading 51 THE RÉGIE 2.2 Where to file the motion 52 3.1 Receipt of the application by the Régie 76 2.3 The deadline for filing the motion 53 3.2 Serving the application 76 STEP 3 3.3 The various stages after an application 77 THE STAGES OF A PROCEEDING BEFORE 55 is filed THE ALT 3.3.1 Discontinuance 77 3.1 Receipt of your originating pleading 55 3.3.2 Amendment 77 by the ALT 3.3.3 Conciliation 77 3.2 What happens after the motion is filed 56 3.3.4 Agreement 79 3.2.1 Discontinuance 56 STEP 4 3.2.2 The pre-hearing conference 57 PREPARING FOR A HEARING BEFORE 80 3.2.3 Conciliation 57 THE RÉGIE 3.2.4 Settling out of court 59 4.1 Reviewing your file 80 STEP 4 4.2 Identifying and preparing your 81 PREPARING FOR A HEARING BEFORE 60 witnesses THE ALT 4.3 The applicable law 82 4.1 Reviewing your file 60 STEP 5 4.2 Identifying and preparing your 61 THE HEARING BEFORE THE RÉGIE 84 witnesses 5.1 The notice of hearing 84 4.3 The applicable law 63 5.2 The day of the hearing 85 STEP 5 5.2.1 Preliminary applications 85 THE HEARING BEFORE THE ALT 64 5.2.2 Presentation of the evidence 85 5.1 The notice of hearing 64 5.2.3 The arguments (plea) 86 5.2 The day of the hearing 65 STEP 6 5.2.1 Preliminary applications 65 WHAT HAPPENS AFTER THE RÉGIE MAKES 88 5.2.2 Presentation of the evidence 65 ITS DECISION 5.2.3 The arguments (plea) 66 6.1 Executing the decision 88 STEP 6 6.2 Contesting the decision 88 WHAT HAPPENS AFTER THE ALT MAKES 68 6.2.1 Special recourses before the 89 ITS DECISION Régie 6.1 Executing the decision 68 6.2.2 Appeal of the decision before 90 6.2 Contesting the decision 68 the Court of Québec 6.2.1 Special recourses before the 68 6.2.3 Judicial review of a decision 90 ALT before the Superior Court 6.2.2 Judicial review of a decision 69 before the Superior Court AVAILABLE RESOURCES 91 Web sites 91 Legal informations offices 92 GLOSSARY 93 INTRODUCTION 7 Quebec’s legal system is made up of several courts and tribunals—so many it can be difficult to tell the difference between them and to know which one to turn to in the case of a dispute. The role of any court or tribunal is to hear the parties to a dispute and to render decisions affecting their rights. Some cases are heard by courts of justice, such as the Court of Québec and the Superior Court, whereas others are heard by administrative tribunals. Administrative tribunals are autonomous and independent organizations to which the State has given the power to rule on certain disputes involving specific matters. Since there are too many administrative tribunals to list them all, in this guide we will discuss the three which are the most often used and before which many people choose to represent themselves at hearings: • The Administrative Tribunal of Québec (ATQ) • The Administrative Labour Tribunal (ALT); and • The Régie du logement (Régie). The first chapter covers common notions which apply to the three tribunals mentioned above whereas the following chapters discuss the characteristics specific to each of them. The second chapter covers the Administrative Tribunal of Québec (ATQ), not to be confused with the generic term “administrative tribunal”, which applies to all three tribunals we will discuss.
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