NCA Grad Tips: Administrative Law Exam Tips & Notes
Hello current and prospective NCA students! In today’s blog I’ll outline my experience with and tips for taking the Canadian Administrative Law exam which is a core exam for all NCA candidates; regardless of any previous studies you will need to complete this NCA to obtain your certificate. I wrote my Admin Law exam in May 2019, which was the first sitting to use the new January 2019 syllabus so the information below is as recent as possible.
Initial Thoughts
If you took Constitutional and Administrative Law in the UK you likely won’t find this course very conceptually difficult though there are a number of differences when it comes to Judicial Review. The way we structure Admin Law in Canada is more independent from constitutional law than in the UK and the “steps” you take when evaluating an administrative problem question can be quite different from how it’s outline in England. There is quite a bit of material to get through in the syllabus as there are two case books assigned and it can be quite overwhelming; so even those with common law background in Admin Law should take their time with this course.
Difficulty and Key Focuses
Besides there being a lot of information to get through and wrap your head around, the Admin Law exam is not terribly difficult once you understand the steps you need to evaluate an issue.
I highly suggest making a flow-chart to reference when answering problem questions in the exam. It should contain the following steps with case law to help you evaluate the fact pattern accordingly:
Step 1: Does Admin Law Apply / is it a “Public Body” making a decision?
- This may not be as simple a question as it seems.
- Understand the difference between governmental decision makers and quasi-governmental decision makers. Learn how to evaluate what exactly makes a decision maker subject to Admin Law.
Step 2: Is there a right to review/appeal/reconsideration under the statute that empowers the public body?
- Look at what the empowering statute provides around appeals and reviews of decisions made. Does it allow for internal or external review or both?
- If both, ensure all internal review procedures have been exhausted before you move to external review from courts.
Step 3: If the statute does not provide for right of review, or if that review is limited then Judicial Review may be an option.
- What kind of claim is this? Is it a substantive issue with the original decision or a did the decision maker fail to follow the proper procedure?
- Understand which courts can hear judicial review cases in your province
- Ensure the applicant has the required standing to bring the case
- Ensure the application for review is within the allotted time limits
- There are other reasons for courts to dismiss a judicial review request; ensure you understand them:
o Alternate remedies are available
o Prematurity because the original decision maker hasn’t concluded their process
o Mootness because the remedies available would have no practical effect
o Misconduct of the applicant
o The outcome would have been the same regardless of procedural unfairness
Step 4: Assess which Remedies are likely
- There are different remedies available depending on if you are claiming substantive defects with the original decision or procedural defects around how the decision was made
- Remember, courts have full discretion and can deny remedies on discretionary grounds
Things to look out for
In addition to problem questions, you could also have short-answer essay questions on the application of the Charter to certain administrative questions. These are usually of low-value compared to the problem questions but still worth understanding. The final question on the NCA Admin Sample Exam provides a good opportunity to prepare for these types of questions.
Resources
I personally used the NCA Tutor™️ notes to pass my exam; they have been updated to match the January 2019 syllabus, contain everything you need, and are easy to understand. The NCA Admin Sample Exam is also a good resource and is fairly reflective of what to expect on exam day.
Happy Studying!
- Tiffany
Tiffany is an LLM candidate at NYU Law. and a regular blogger for NCA Tutor™.