The Tribunal administratif du Québec (TAQ) is responsible for administering justice within the province of Québec. Its functions include conducting hearings, issuing orders, enforcing court decisions, deciding appeals, and providing legal assistance to individuals or organizations.
In order to appear before the tribunal, you need to file a request for a hearing. You also need to provide evidence that supports your claim. For example, you should bring documents that prove that you are entitled to benefits or compensation. Finally, you need to attend the hearing. When you arrive, you will meet with the panel of judges. They will review your evidence and decide whether or not they believe you deserve compensation. Keep reading to discover expert tips to help you prepare for a TAC hearing.
What is the role of the TAQ?
The TAQ is an independent body that takes cases only after they have been referred to them by the relevant authorities. They do not make policy, nor can they act against the law. Their role is purely judicial; they decide disputes between individuals and organizations, based on the facts presented to them, within the framework of the conditions of office. The decisions made by theTAQ cannot generally be contested. Their ruling is final.
What are the divisions of the TAQ?
When it comes to the administration of justice within the TAQ, there are a variety of divisions, serving different purposes. Whatever their objective, they strive to provide impartial assistance to all Québec residents:
- The social affairs division generally deals with civil matters regarding a person’s fundamental rights when it comes to claiming one of the various types of financial assistance and social and family benefits allocated under Québec law. It handles matters concerning the protection for persons who are mentally ill, health care and social services, pension plans, compensation, and certain matters related to immigration.
- The immovable property division mostly handles disputes relating to property assessments, property taxes per person or household, respective leases, disputes regarding rent increase and rent variation, and matters of expropriation.
- The territory and environment division focuses on administrative matters regarding the protection of the land and the preservation of the environment. They also handle decisions regarding the use of land and farm lands.
- The economic affairs division mainly reviews authorizations, licenses, or certificates that are needed for carrying out a trade or a business.
How does a case go through the TAQ?
A person who contests a decision made by a department, board, hospital, or a municipality, can ask the TAQ to hold a hearing to decide whether this decision should be revisited or not. Following such an application, the TAQ must hold a hearing to re-examine the original decision. A conciliator may take part in the proceedings between the parties involved. However, conciliation does not mean that the parties have to agree to any modification or cancellation of the contested decision.
Administrative lawyer services
Tips to to prepare for a TAQ hearing
TAQ hearings are held before either the administrative law judge or a panel of three members of the tribunal. There is no jury at these proceedings. The parties have a right to be represented by counsel and may present evidence with witnesses. These meetings can be daunting and stressful so here are expert tips to help you prepare.
Preparing for notification
The defendant – the person against whose conduct the trial is initiated – must be notified with an official judicial notice about the proceedings, and given an opportunity to defend themselves. This notice of hearing includes being told why the proceedings are taking place and what they are about. After submitting their application to the tribunal, the applicant should provide an official notice to the other parties involved and include a copy of their application and supporting documents, or a list containing the titles of these documents.
If proof of a formal notice is not supplied within 45 days of submission, the TAQ will close the file. However, it can decide to summon the parties to give evidence at a hearing, even though there is no proof of notification. Proof of notification must then be supplied at the hearing, or the application will be rejected and closed. In such cases, the proof of notification should be included with the application or sent separately to the Tribunal. It is highly recommended that you study the notification, alone or with a lawyer, as it will allow you to fully understand the case and put you in a good position to begin constructing your arguments.
Amend your application if needed
If you are the applicant and you wish to amend your application, you can do it anytime up to one week before the scheduled date of the hearing, something that many people do not realize and do not capitalize on. To make sure you don’t lose out on the opportunity to apply, you’ll need to send a copy of the amended version of your application to the tribunal administratif du logement (TAL), along with a written notice of your intention to amend.
This will allow the TAL to consider the amendments and decide whether or not to grant you permission to proceed with the application. However, you must remember that the TAL reserves the right to refuse to permit an applicant to amend his/her application. In such cases, the TAL shall state the reasons for refusing permission to amend.
Prepare your evidence
In order to have a good idea of all the things that you will have to prove or refute during the hearing, you should read the application and amendments carefully. You must remember that, at the end of the day, the burden of proof is yours. The evidence rules state that the applicant must prove each allegation contained in the application using documents, expert reports, inquiry reports, or testimony.
Similarly, the application itself, and any amendments thereto, must contain the things that the other side will have to admit, explain, or refute, using documents or testimony. If there are questions about the authenticity of a document, it is important to ask the owner of the document or the custodian of the records where the information came from. If the document was prepared by a third party, it could be necessary to obtain the consent of both parties to the agreement, before submitting it.
Gather your witnesses
It is important to ensure that you gather witnesses, who are going to aid your case. The witness must have first-hand information concerning the facts. He/she must be present to give evidence, unless he/she consents to being represented by someone else. You may call witnesses on your behalf. If you do, you are responsible for paying their fees.
Write a testimony
If the other party agrees, you are well within your real rights to exclusively ask the TAQ to authorize you to use written testimony instead of oral evidence. This allows you to submit a statement describing what happened without having a person present. You must provide the other party with a copy of the document, at least seven days prior to the hearing.
The Tribunal may decide to accept such a document if, among other things, the witness cannot be subpoenaed or if there is no reasonable way to obtain their presence. In these cases, the Tribunal will issue a decision authorizing the use of written statements.
Need legal assistance?
Just like all other judicial proceedings, being called to the TAQ can be extremely stressful. From having to have a solid grasp on government regulation to knowing the rules of conduct that you will be expected to follow throughout the proceeding, being present at a hearing without the relevant support can be challenging.
This is why Accident Solution is here to be your point of call throughout your journey to administrative justice. We offer a range of services, including:
- SAAQ lawyers and road traffic accidents
- Workers compensation lawyers
- IVAC lawyers for victims of crime
- Disability insurance
We have a team of dedicated lawyers who are capable of ensuring that you are well-supported throughout your case. From the moment you are served with a judicial notice, we begin drafting all required proceedings, following all applicable rules, and ensuring that you are both properly represented and adequately supported.
