NCA Grad Tips: Administrative Law Exam Tips & Notes

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NCA Grad Tips: Navigating the Administrative Law Exam

Greetings to all current and prospective NCA students! In this blog, I will share my experience and offer valuable tips for tackling the Canadian Administrative Law exam, a core exam for all NCA candidates. No matter your previous studies, this NCA exam is essential for obtaining your certificate. My insights are based on my Admin Law exam in May 2019, which utilized the new January 2019 syllabus, ensuring the information is up-to-date.

Initial Insights

If you have already studied Constitutional and Administrative Law in the UK, you may not find this course conceptually challenging, but there are notable differences, especially concerning Judicial Review. In Canada, Administrative Law is more independent from constitutional law, and the approach to evaluating an administrative problem question can differ significantly from the UK. With two assigned case books and a substantial syllabus, the volume of material can be overwhelming, so even those with a common law background in Admin Law should allocate sufficient time for this course.

Difficulty and Key Focuses

Despite the abundance of information to comprehend, the Admin Law exam is not overly difficult once you grasp the steps required to evaluate an issue. I strongly recommend creating a flow-chart to refer to while answering problem questions in the exam. The flow-chart should encompass the following steps, supported by relevant case law to help you analyze the fact pattern effectively:

Step 1: Determine the Applicability of Admin Law / Is it a "Public Body" making a decision?

  • This question may have nuances that require careful evaluation.
  • Understand the distinction between governmental and quasi-governmental decision makers, and learn how to identify when a decision maker is subject to Admin Law.

Step 2: Check for Rights of Review/Appeal/Reconsideration under the Empowering Statute

  • Examine what the empowering statute outlines regarding appeals and reviews of decisions made. Does it provide for internal, external, or both types of reviews?
  • If both options exist, ensure all internal review procedures are exhausted before considering external review by the courts.

Step 3: Consider Judicial Review if the Statute Does Not Provide for Review or if it is Limited

  • Determine the nature of the claim. Is it related to substantive issues with the original decision or a failure to follow proper procedures?
  1. Familiarize yourself with the courts that handle judicial review cases in your province.
  2. Ensure the applicant has the required standing to bring the case.
  3. Verify that the application for review falls within the allotted time limits.

  • Be aware of reasons why courts might dismiss a judicial review request, such as:

o Alternate remedies being available o Prematurity due to the original decision maker not concluding their process o Mootness when the available remedies have no practical effect o Misconduct of the applicant o The outcome would have been the same regardless of procedural unfairness

Step 4: Evaluate Likely Remedies

  • Different remedies are available depending on whether the claim involves substantive defects with the original decision or procedural defects in how the decision was made.
  • Remember that courts have full discretion and can deny remedies based on discretionary grounds.

Things to Look Out For

In addition to problem questions, you may encounter short-answer essay questions on the application of the Charter to specific administrative issues. While these questions carry lower point values compared to problem questions, understanding them is still crucial. The final question on the NCA Admin Sample Exam offers a good opportunity to prepare for these types of questions.

Resources

For my exam preparation, I used the NCA Tutor™️ notes, which have been updated to match the January 2019 syllabus, covering everything you need in an easily understandable manner. Additionally, the NCA Admin Sample Exam is a valuable resource that closely reflects what you can expect on the actual exam day.

Wishing you success in your studies!

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