Free NCA Canadian Administrative Law Practice Questions

Sample Practice Questions

Try these 10 sample questions from the NCA Canadian Administrative Law practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1A municipal officer refuses a building permit under delegated statutory powers. Which branch of law principally supplies general controls on how that power is exercised?

   1. A.Administrative lawCorrect answer: A
   2. B.Contract law governing the officer's employment
   3. C.Constitutional law allocating legislative subjects
   4. D.Tort law governing compensation for negligence

   Explanation: The assigned text states: "The concerns of administrative law are general". Administrative law controls the exercise of delegated public power. Employment contract law concerns the officer’s employment relationship; legislative division of powers is a constitutional issue; negligence law concerns liability and compensation rather than the general validity of the regulatory decision.

   Reference: Administrative Law: Cases, Text, and Materials, 9th edition — Chapter 1 — p.4, I

2. 2A licensing Act expressly requires notice before a licence is cancelled. Where should counsel begin identifying that procedural obligation?

   1. A.The enabling legislationCorrect answer: A
   2. B.A general procedural statute without checking its application
   3. C.A guideline inconsistent with the Act's express requirement
   4. D.The licensee's contractual agreement with a third party

   Explanation: The syllabus identifies "enabling legislation" as a source of procedure. The licensing Act itself imposes this notice obligation. A code whose application has not been checked, an inconsistent guideline or a third-party contract cannot displace the Act’s express requirement.

   Reference: NCA Canadian Administrative Law Syllabus — p.6, sections 2–3

3. 3A tribunal misreads the meaning of a statutory eligibility provision. Which category best describes the alleged substantive error?

   1. A.An error of lawCorrect answer: A
   2. B.A defect in service of hearing notice
   3. C.A reasonable apprehension of personal bias
   4. D.An omission of a chance to present evidence

   Explanation: The source states: "law (including statutory interpretation)". The allegation concerns legal meaning, rather than notice, impartiality or participation.

   Reference: NCA Canadian Administrative Law Syllabus — p.10, section10

4. 4Who, besides the Attorney General of Canada, is expressly entitled by Federal Courts Act subsection 18.1(1) to apply for judicial review?

   1. A.Anyone directly affected by the matter for which relief is soughtCorrect answer: A
   2. B.Only a person who already holds a favourable court judgment
   3. C.Only the administrator who made the challenged decision
   4. D.Every person who disagrees politically, without further qualification

   Explanation: The source states: "anyone directly affected". The section expressly recognizes directly affected applicants. The other choices either add unsupported restrictions or omit the statutory qualification; public-interest standing is a separate inquiry.

   Reference: Federal Courts Act — s.18.1(1)

5. 5A legislature creates a new regulatory program imposing legal duties on businesses. What ordinarily supplies the program's legal foundation?

   1. A.An agreement among departmental employees
   2. B.A professional association's policy paper
   3. C.A minister's unimplemented budget request
   4. D.An enactment of the competent legislatureCorrect answer: D

   Explanation: The assigned text states: "nearly all public programs must originate with a statute". New public legal rights and duties ordinarily require a statute. Staff agreements, private policy papers and budget proposals do not themselves enact those duties.

   Reference: Administrative Law: Cases, Text, and Materials, 9th edition — Chapter 1 — Printed page 9

6. 6A provincial government department argues that the Charter is confined to federal government action. What does Charter subsection 32(1)(b) establish?

   1. A.The Charter governs provinces only if they adopt it through their own legislation
   2. B.The Charter governs only proceedings classified as criminal prosecutions
   3. C.The Charter governs Parliament but excludes provincial governments
   4. D.The Charter applies to each provincial legislature and government within its authorityCorrect answer: D

   Explanation: Section32(1)(b) applies the Charter "to the legislature and government of each province". The federal-only argument is wrong; provincial adoption and criminal classification are not prerequisites to the stated governmental application.

   Reference: Canadian Charter of Rights and Freedoms — s.32(1)(b)

7. 7A tribunal treats an event as having occurred despite the evidentiary record showing otherwise. What kind of substantive complaint is being made?

   1. A.An alleged failure to give hearing notice
   2. B.An alleged financial conflict of interest
   3. C.An alleged refusal to permit submissions
   4. D.An alleged error of factCorrect answer: D

   Explanation: The source states: "a misapprehension of the facts". The complaint concerns the tribunal's factual understanding, not the hearing process or a conflict.

   Reference: NCA Canadian Administrative Law Syllabus — p.10, section10

8. 8Under Federal Courts Act subsection 18(3), how must the extraordinary remedies provided by subsections 18(1) and (2) be obtained?

   1. A.Through any ordinary civil action without a judicial-review application
   2. B.Through a statutory appeal even if the enabling Act provides none
   3. C.Through a new proceeding commenced before the challenged federal board
   4. D.Through an application for judicial review under section 18.1Correct answer: D

   Explanation: Section 18(3) states: "The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1." The required route is a judicial-review application, rather than an ordinary civil action, an unavailable statutory appeal or a new board proceeding.

   Reference: Federal Courts Act — s.18(3)

9. 9A minister receives a statutory power to make regulations supplementing an Act. How should counsel characterize regulations made under that authority?

   1. A.Private contractual terms binding consenting parties
   2. B.Judicial precedent issued by a superior court
   3. C.Delegated legislation under the enabling statuteCorrect answer: C
   4. D.Primary legislation enacted by Parliament itself

   Explanation: The assigned text states: "delegated legislation such as regulations". The statute delegates subordinate lawmaking authority. Regulations are neither the Act itself, private consent-based terms, nor judgments.

   Reference: Administrative Law: Cases, Text, and Materials, 9th edition — Chapter 1 — Printed page 9

10. 10Counsel finds a provincial general procedural statute when preparing a federal agency hearing. What must counsel establish before relying on it?

    1. A.That its procedure is more detailed than federal guidance
    2. B.That the hearing concerns someone resident in that province
    3. C.That its legal application extends to this decision-makerCorrect answer: C
    4. D.That its title contains the word administrative

    Explanation: The source states: "special provincial-level statutes imposing procedural rules on the provincial administrative decision-makers to which they apply.". The code's legal application must be established. Its detail, title and the affected person's residence do not extend its legal scope.

    Reference: NCA Canadian Administrative Law Syllabus — p.6, sections 2–3