Administrative Law sample questions

Answer: B. It is deemed renewed monthly, on the same terms.

Under s. 38(1) of the Residential Tenancies Act, 2006, when a fixed-term tenancy agreement ends and has not been renewed or terminated, the landlord and tenant are deemed to have renewed it as a monthly tenancy agreement on the same terms and conditions, subject to any rent increases charged in accordance with the Act. The tenant may stay, and the landlord can end the tenancy only on a ground and by a notice the Act provides. (A) Expiry of the term does not end the tenancy; under s. 37(1) a tenancy may be terminated only in accordance with the Act. (C) The deemed renewal is a monthly tenancy, not a further fixed term of the original length. (D) The renewal arises by operation of s. 38(1) when the term ends; it does not depend on the landlord accepting rent.

Answer: A. proceed in the respondent's absence, with no further notice to it.

Section 7(1) of the Statutory Powers Procedure Act provides that where notice of an oral hearing has been given to a party in accordance with the Act and the party does not attend, the tribunal may proceed in the party's absence, and the party is not entitled to any further notice in the proceeding. You may ask the tribunal to go ahead on your client's evidence. (B) Section 7(1) expressly removes the absent party's entitlement to further notice in the proceeding. (C) Adjournment under s. 21 is discretionary, on the tribunal's own motion or where needed to permit an adequate hearing; it is not required when a duly notified party stays away. (D) Section 7(1) lets the oral hearing proceed as noticed; nothing in it requires a change to a written hearing or a fresh notice.

Answer: C. Dana may apply, because of her association with her husband.

Section 2(1) of the Human Rights Code gives every person a right to equal treatment in the occupancy of accommodation without discrimination because of race, and s. 12 provides that a Part I right is infringed where the discrimination is because of relationship, association or dealings with a person identified by a prohibited ground. Dana's own right is infringed, so she may apply to the Tribunal under s. 34(1). (A) Section 12 protects a person who is not identified by the ground but is treated adversely because of a relationship with someone who is. (B) Dana's claim under ss. 2(1) and 12 is her own; any claim her husband has does not displace it. (D) Section 34(5) governs an application made on behalf of another person who consents; Dana does not need it, because she applies in her own right.

Answer: D. must co-operate in her return but need not re-employ her.

Section 41(1) of the Workplace Safety and Insurance Act, 1997 requires an employer to offer to re-employ a worker who had at least one year's continuous service, but s. 41(2) provides that the section does not apply to employers who regularly employ fewer than 20 workers. The bakery, with 12, is outside s. 41. It remains bound by s. 40(1) to co-operate in her early and safe return to work, including by maintaining contact and attempting to provide suitable available employment. (A) Four years' service satisfies s. 41(1), but the s. 41(2) exception removes the obligation. (B) The first-opportunity duty in s. 41(5) is part of the same re-employment obligation and falls with it. (C) Section 40(1) has no small-employer exception; the 20-worker threshold applies only to s. 41.