Administrative Fairness Guidelines (Cover)

Administrative Fairness Guidelines publication is a set of principles rooted in administrative law that explains fair decision-making processes

Natural justice and administrative fairness are at the core of Ombudsman investigations. In determining fairness, the Alberta Ombudsman uses the following guidelines to assess whether a situation has been dealt with in an administratively fair manner.

The eight administrative fairness guidelines are:

 

  1. Chain of Legislative Authority: ensures administrators made the decision as outlined in their governing legislation
  2. Duty of Fairness: ensures decisions affecting the individual are procedurally fair and include a meaningful review process
  3. Participation Rights: makes sure individuals are given full and fair opportunity to present their case
  4. Adequate Reasons: ensures the existence of a rational connection between the evidence presented and the conclusions reached
  5. Apprehension of Bias: confirms decision-makers are free, impartial and independent so there is no bias, either real or perceived
  6. Legitimate Expectation: confirms administrators follow their regular and known decision-making processes
  7. Exercising Discretionary Power: makes sure decision-makers apply discretion in accordance with legal requirements
  8. Was the Decision Reasonable?: determines whether a decision-maker provided clear and reasonable explanation as to how a decision was made
Administrative Fairness Guidelines (Cover)

For more detailed information about the Ombudsman’s Administrative Fairness Guidelines, please visit our determining fairness page or contact us. We are here to help.