An examination of the role of the Board of Transport Commissioners for Canada as a regulatory tribunal.

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  • In order to fully comprehend the working of an
    administrative board or tribunal it is first necessary
    to establish the principles which form the basis of
    their operations. The concept of justice and equanimity
    between parties has come down to us in the form or
    theory of "a rule of law”. In attempting to examine
    the role of the Board of Transport Commissioners in so
    far as it affects railways in Canada the concepts of
    natural justice and impartiality form the test pattern
    in the light of which the history, development, and
    operation of transportation is examined and the
    procedure, practice and problems of the Board are discussed.
    An examination of the historical development,
    character, functions and practices of the Board, bearing
    in mind the evolution of the transport industry and the
    requirements of a "rule of law” even in administrative
    or quasi-judicial bodies, leads to the conclusion that it
    cannot be described accurately by either "administrative"
    or "judicial" designations. It is, nevertheless, possible
    to devise a "rule of law" in the administrative sense.
    It is the central thesis of this paper that the Board of
    Transport Commissioners for Canada is a judicial body
    possessing those aspects of administrative tribunals which
    are conducive to flexibility and informality in the
    discharge of its supervisory and regulatory functions.

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Rights Notes
  • Copyright © 1962 the author(s). Theses may be used for non-commercial research, educational, or related academic purposes only. Such uses include personal study, research, scholarship, and teaching. Theses may only be shared by linking to Carleton University Institutional Repository and no part may be used without proper attribution to the author. No part may be used for commercial purposes directly or indirectly via a for-profit platform; no adaptation or derivative works are permitted without consent from the copyright owner.
Date Created
  • 1962


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