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Chapter 3

ADMS 2610 Chapter Notes - Chapter 3: Businessperson, Ontario Securities Commission


Department
Administrative Studies
Course Code
ADMS 2610
Professor
Robert Levine
Chapter
3

Page:
of 2
ADMS2610
Session 1
Chapter 3 (pg. 49-50, 52-55)
Administrative Law
Administrative Law
- Includes laws, rules, decisions, directives of public officials, boards, agencies,
officials and commissions
- Includes all levels of government
- Generally set out broad policy objectives of 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
- The process is uniform
o A statute is passed to create a board, agency or commission to
supervise an activity
o The statute will also set out broad policy guidelines for the regulation
of the activity
o These boards or commissions are referred to as administrative
tribunals (agencies created by legislation to regulate activities or do
specific things)
Allowed to set their own procedures and rules to carry out
their public policy goals
Regulatory Control of Professions and Skilled Service Providers
- Professionals: usually a self governing body
- Business persons or trades: legislation may designate a branch of a
particular ministry of the government to handle the regulation of the
individuals
- Policy goals:
o Certification or entry requirements
o Education and training process set up
o Registration or licensing process
- Body has the right to revocation of licenses
Board-Policy Administrative Law
- Employment
o Labour Relations Legislation
Regulate the relationship between labour unions, the
employees they represent and employers
Provides an administrative structure to determine if a
union is entitled to represent the employees of an
employer
o The process for the negotiation of the terms and
conditions of employment of employees
represented by a union and a procedure for the
resolution of disputes that may arise out of
collective employment agreements
o Human Rights Boards
o Pay Equity
o Employment Standards
o Workers Compensation
- Securities Regulation
o Provincial securities legislature sets out requirements for the issue of
securities to the public
o Regulation of investment dealers and brokers
o Ontario Securities Commission administers the provincial Securities
Act
o Protection from unfair or fraudulent practices
- Controls of Supplies and Services
o Control of specific industries or groups of industries is managed
through administrative law
o Energy boards may fix or establish rates that electrical power
corporations may charge consumers
o Other boards may fix rates for natural gas
o Many agricultural products are regulated by controlling the number if
suppliers that may produce and sell a particular product
Milk and Egg marketing boards or commission
o Federal boards and commission regulate telecommunications,
airlines, nuclear power generation, radio and television broadcasting,
interprovincial transportation, banking
Also regulates labour relations
o Many of these commissions have established a hearing process
whereby interested parties may present evidence concerning
decisions that the board is required to make about the duties or
responsibilities delegated to them
- Municipal Regulation
o Reaches to local-government level
o Delegated authority to regulate many business activities to
municipalities when the business activity or property is local
Taxi business, trades people, street vendors restaurants
o Land development is an important business regulation
Planning legislation
Zoning by laws