ACCT 202 Lecture Notes - Lecture 8: Natural Justice, Primary And Secondary Legislation, Insider Trading
29 May 2018
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Chapter 3: Business Regulation (pg 50-51,53-57) (PDF:79-80,82-86)
Unlike legislation that clearly establishes laws that are enforceable through the courts, administrative
laws generally set out broad policy objectives of the government, then delegate the enforcement of the
policy to an entity that is created to administer the policy and ensure compliance with it by affected
parties.
Statutes provide for agencies/board/commission to supervise an activity who can set policy guidelines
for the regulation of the activity often called Administrative tribunals; Agencies created by legislation to
regulate activities or do specific things.
• They have the ability to set out public policy goals allowing for their own procedures and rules
and may be accepted by government as an Order-in-Council, or approved by the minister in
charge of the tribunal. These set out subordinate legislation that governs activities subject to
supervision by an agency or board
• all levels to exercise greater control over the activities of citizens within their respective
jurisdictions has resulted in a proliferation of boards and agencies, at times acting in conflict
with one another.
GOVERNMENT REGULATION OF BUSINESS
Most of the body of admin law directed at the control or regulation of business-related activity some of
the activities that fall under the control of regulatory agencies, commissions, boards, or non-
governmental bodies include the regulation of professions, trades, travel agents, and real-estate
salespersons; the incorporation of business
a regulatory body is established because of a perceived need by levels of governments who are
established by statutes/legislation eg. most profession has regulatory body who are granted the right to
determine the entrance requirements to enter the profession, regularly maintaining the standards and
ensuring professionals adhere to them or they will not be eligible to work in this profession.
THE HEARING PROCESS
any agency or organization that has the power to deny or revoke the rights of a person to practise a
profession, or engage in a lawful trade or business, is acting in a quasi-judicial manner, and may not
revoke or deny these rights until and unless the affected person has been given the opportunity to
present their case to the decision-makers. notice of the charges made against them, and provide them
with the opportunity to prepare and present their side of the issue to the decision-makers the hearing
procedure in many cases will represent that of an informal court lawyers may represent the parties,
evidence may be presented, witnesses may be heard and cross-examined, and arguments may be
presented to the decision-makers providing a decision usually no appeal of decisions
• Judicial review may be available to the affected party. If the decision is found to be
unreasonable by the courts, it may be quashed, and the organization or agency may be directed
to hold a e heaig i aodae ith the out’s dieties.
• member of a professional organization may feel that the board that oversees the profession has
exceeded its authority or rules in commencing disciplinary proceedings against the professional
who may apply to the courts to have the disciplinary proceedings stayed or terminated
Employment
Provincial legislatures and the federal government have passed broad-policy administrative laws that
affect business practices throughout the province or the country eg. Labour-relations legislation
designed to regulate the relationship between labour unions, the employees they represent, and
employers it regulates if the union is entitle to rep, how they will resolve issues usually includes
mediation/arbitration, & conditions of employment. They are called labour relations boards. these
eploees ae ot egaged i usiess, ut i goeet seie. Wokes’ Copesatio Boads eist
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