Chapter 15 selected_agencies_week_11

BCTA 308:Administrative Law

Chapters 15, Administrative Law, Principles & AdvocacySelected Administrative Agencies

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What is the Licence Appeal Tribunal ("the Tribunal")?

The Licence Appeal Tribunal is an independent adjudicative tribunal created under the Licence Appeal Tribunal Act, 1999 to hear appeals and render decisions respecting compensation claims and licensing activities regulated by the Ministry of Children and Youth Services, the Ministry of Community Safety and Correctional Services, the Ministry of Consumer Services, the Ministry of Municipal Affairs and Housing, the Ministry of Training, Colleges and Universities, the Ministry of Transportation, and the Ministry of the Attorney General.

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What is the Licence Appeal Tribunal ("the Tribunal")?

As a quasi-judicial tribunal, the Tribunal is subject to the rules of natural justice and the requirements of the Statutory Powers Procedure Act. The Tribunal hears appeals and issues written decisions based on the evidence presented by the parties.

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AGRPPA - Alcohol and Gaming Regulation and Public Protection Act, 1996BA - Bailiffs ActBCA - Building Code Act, 1992, O. Reg. 350/06, Division C, Part 3, Section 3.2 – DesignerSection 3.3 - Sewage SystemsSection 3.4 - Registered Code AgencyCA - Cemeteries Act (Revised)CFSA - Child and Family Services ActCAA - Collection Agencies ActCPA - Consumer Protection Act, 2002CRA - Consumer Reporting ActDNA - Day Nurseries ActDBPA - Discriminatory Business Practices ActFBCSA - Funeral, Burial and Cremation Services Act, 2002FCA - Film Classification Act, 2005FDEA - Funeral Directors and Establishments Act

IAA - Intercountry Adoption Act, 1998LLA - Liquor Licence ActMVDA - Motor Vehicle Dealers Act, 2002ONHWPA - Ontario New Home Warranties Plan ActPPDA - Paperback and Periodical Distributors ActPLA - Payday Loans Act, 2008PSECEA - Post-secondary Education Choice and Excellence Act, 2000, O. Reg. 281/02PCCA - Private Career Colleges Act, 2005PSISA - Private Security and Investigative Services Act, 2005REBBA - Real Estate and Business Brokers Act, 2002RHA - Retirement Homes Act, 2010TIA - Travel Industry Act, 2002VQAA - Vintners Quality Alliance Act, 1999GCA - Gaming Control Act, 1992HTA - Highway Traffic Act

The following statutes are covered by the Tribunal’s mandate:

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You can appeal to the Tribunal if you receive and disagree with a decision denying your claim, or if you are served with a Director's Order or a Registrar's Proposal under relevant provisions of the above statutes. Once a person files an appeal with the Tribunal, we refer to this person as an Applicant. If the Applicant is a company, the person filing an appeal on behalf of that company must have the company’s authority to do so.

Your right to appeal to the Tribunal will be clearly indicated in the Decision/Proposal/Order that you will receive from the Registrar or Regulator.

Who Can File an Appeal to the Tribunal:

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The Licence Appeal Tribunal’s enabling statute is the:

Licence Appeal Tribunal Act, 1999, S.O. 1999, c. 12, Sched. G

The Licensing Appeal Tribunal’s Rules of Practice can be found here:

http://www.sse.gov.on.ca/lat/english/Documents/Rules%20of%20Practice/English%20ROP.pdf

Appeals:

11. (1) Subject to subsections (2) to (5), a party to a proceeding before the Tribunal relating to a matter under any of the following Acts may appeal from its decision or order to the Divisional Court in accordance with the rules of court:

Where Do I Find the Enabling Statute / Rules of Practice:

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And The

Financial Services Tribunal of Ontario

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What is the Financial Services Commission?

The Financial Services Commission of Ontario is an arms length, regulatory agency of the Ministry of Finance that regulates insurance, pension plans, loan and trust companies, credit unions, caisses populaires, mortgage brokering, and co-operative corporations in Ontario.

In some cases, such as with motor vehicle accidents, FSCO acts as a tribunal deciding disputes between insurance companies and their clients.

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What is the Financial Services Commission?

The Superintendent of Financial Services administers and enforces the Financial Services Commission of Ontario Act, 1997 and all other Acts that confer powers on or assign duties to the Superintendent. The Superintendent also exercises the powers and duties conferred upon the Superintendent by these Acts.

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What is the Financial Services Tribunal?

The Financial Services Tribunal is an independent, adjudicative body composed of nine to 15 members, including the Chair and two Vice-Chairs. The Tribunal has exclusive jurisdiction to exercise the powers conferred under the Financial Services Commission of Ontario Act, 1997 and other Acts that confer powers on or assign duties to the Tribunal. It also has exclusive jurisdiction to determine all questions of fact or law that arise in any proceeding before it.

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Financial Services Commission of Ontario Act, 1997 SABS (Statutory accident benefit schedule)Insurance ActPension Benefits Act Insurance Act Mortgage Brokerages, Lenders and Administrators Act, 2006 Loan and Trust Corporations Act Credit Unions and Caisses Populaires Act, 1994 Co-operative Corporations Act

The following statutes & Regs. covered by Tribunal’s mandate:

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If you wish to request a hearing or file an appeal with the Tribunal, you must complete a Request for Hearing (Form 1) or a Notice of Appeal (Form 2) and then file it with the Tribunal.

A Request for Hearing is filed by someone who is affected by a proposed or intended decision of the Superintendent of Financial Services and who wishes to have a hearing before the Tribunal. This person is referred to as an "applicant".

A Notice of Appeal is filed by someone who is affected by a decision of the Superintendent or the Deposit Insurance Corporation of Ontario and who wishes to have a hearing before the Tribunal. This person is referred to as an "appellant".

Who Can File an Appeal:

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The parties to the proceeding are the applicant [someone who files a Request for Hearing with the Tribunal], or appellant [someone who files a Notice of Appeal with the Tribunal], as well as the respondents.

The respondents are the Superintendent or the Deposit Insurance Corporation of Ontario and any other interested person who has applied for and been granted party status by the Tribunal. The term “respondent” refers to a party who responds to the request for a hearing or appeal. In some cases, a respondent may support in whole or in part the position taken by the applicant, appellant or any other respondent.

Common issues before the Tribunal include disputes about benefits under SABS, and their insurance company’s willingness to provide those benefits or accept factual claims.

Who Can File an Appeal:

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All parties who are involved in a proceeding before the Tribunal are expected to follow the Tribunal’s Rules of Practice and Procedure for Proceedings before the Financial Services Tribunal. These rules can be found on the Tribunal’s website at www.fstontario.ca/english/rules/

A claimant may not apply for a hearing before a FSCO arbitrator without first attempting mediation. The application for mediation must be made within 2 years of the refusal of the claim by the insurance company.

Rules of Practice / Mediation

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The Financial Services Tribunal’s Rules of Practice can be found here:

http://financialservicestribunal.on.ca/english/rules/

APPEALSAppeal decisions are final, and cannot be appealed.

20(4) An order of the Tribunal is final and conclusive for all purposes unless the Act under which the Tribunal made it provides for an appeal. 1997, c. 28, s. 21 (4).

Depending on the case, you may be able to apply for variation or revocation of the appeal decision by the Director of Arbitrations or Director’s Delegate.

You may be able to have a court review an appeal decision (judicial review).

Where Do I Find the Rules of Practice / What about Appeals:

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What is the Landlord and Tenant Board?

The Landlord and Tenant Board’s role is to provide information about the Residential Tenancies Act (RTA) and to resolve disputes between most residential landlords and tenants.

The Landlord and Tenant Board is one of Ontario’s busiest tribunals, with regional offices across the province and hearings taking place in most communities. It is a model for many tribunals, with an excellent call centre, and well developed Rules of Practice and Interpretation Guidilnes.

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The purposes of this Act are to provide protection for residential tenants from unlawful rent increases and unlawful evictions, to establish a framework for the regulation of residential rents, to balance the rights and responsibilities of residential landlords and tenants and to provide for the adjudication of disputes and for other processes to informally resolve disputes.

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Landlords and tenants can file an application with the Board. Once an application is filed, the parties have an opportunity to have their problems addressed at a hearing. At the hearing, a Member of the Board will make a decision on the application based on the evidence presented by the landlord and tenant. Or, if both the landlord and tenant agree, a Mediator from the Board can work with them and try to help them reach their own agreement.

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The Residential Tenancies Act, 2006 covers most residential rental units in Ontario including mobile homes, care homes and rooming and boarding houses. However, there are some situations where a rental unit may not be covered by the Act or certain parts of the Act.

For example, the Act does not apply if:– the tenant must share a kitchen or bathroom with the owner, or certain family

members of the owner;– the unit is used on a seasonal or temporary basis.– Many of the rules about rent do not apply to:– new rental buildings;– non-profit and public housing;– university and college residences.– But these units are still covered by most of the other rules in the Act, such as

maintenance and the reasons for eviction.– The Act does not cover commercial tenancies.

What Type of Tenancies does the Act Cover:

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The Landlord and Tenant Board’s enabling statute is:

Residential Tenancies Act

The Landlord and Tenant Board’s Rules of Practice can be found here:

http://www.ltb.gov.on.ca/en/Law/STEL02_111324.html

Appeal rights210. (1) Any person affected by an order of the Board may appeal

the order to the Divisional Court within 30 days after being given the order, but only on a question of law. 2006, c. 17, s. 210 (1).

Where Do I Find the Enabling Statute / Rules of Practice:

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What is the Ontario Human Rights Tribunal

On June 30, 2008, the Human Rights Code Amendment Act 2006 came into force. As of that date, all claims of discrimination under the Human Rights Code are dealt with through applications filed directly with the Human Rights Tribunal of Ontario. The Tribunal’s primary role is to provide an expeditious and accessible process to assist parties to resolve applications through mediation, and to decide those applications where the parties are unable to reach a resolution through settlement.

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What is the Ontario Human Rights Tribunal

The 2008 amended Code established a new Human Rights Legal Support Centre to provide advice, support and representation for applicants, while the Commission continues to play its important public interest function.

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Human Rights Code, R.S.O. 1990, c. H.19

Regulation 290/98Business practices permissible to landlords in selecting prospective tenants for residential accommodation.


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The HRTO process begins when a person files a completed application form with the HRTO. The person is then called the applicant. That person files an application if they feel that they have been discriminated against or harassed on any of the Code’s protected grounds.

The application form (Form 1) can downloaded from the Tribunal’s web site. The completed form can be dropped off, mailed, faxed or sent by e-mail to the HRTO.

Persons who want to make an application to the HRTO may ask for advice from the Human Rights Legal Support Centre. The Centre is independent of the HRTO and offers free services throughout the province, giving legal advice and other assistance to individuals who believe that another individual, an organization, corporation, or government agency or department has violated their rights under the Code.

How Do You File an Application

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People may also get help from other legal clinics, a private lawyer or a paralegal, or may choose to file an application on their own.

When should an application be filed?An application should be filed within one year of the date on which discrimination is alleged to have occurred. If there was more than one discriminatory event, the application should be filed within one year of the last event. Applications filed after one year are not permitted unless the HRTO finds that there was a good reason for filing late and that the delay will not negatively affect other people involved in the application.


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The Human Rights Tribunal’s Rules of Practice & Procedure can be found here:

http://www.hrto.ca/hrto/?q=en/node/28

Reconsideration of Tribunal decision45.7 (1) Any party to a proceeding before the Tribunal may request that

the Tribunal reconsider its decision in accordance with the Tribunal rules. 2006, c. 30, s. 5.

(2) Upon request under subsection (1) or on its own motion, the Tribunal may reconsider its decision in accordance with its rules. 2006, c. 30, s. 5.

Decisions final45.8 Subject to section 45.7 of this Act, section 21.1 of the Statutory

Powers Procedure Act and the Tribunal rules, a decision of the Tribunal is final and not subject to appeal and shall not be altered or set aside in an application for judicial review or in any other proceeding unless the decision is patently unreasonable.).

Where Do I Find the Rules of Practice:

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What can an applicant or respondent do if they disagree with the decision?There is no right of appeal from an HRTO decision, but a party can ask for a reconsideration of the decision in some cases. Grounds for reconsideration include:• when new facts come to light that were not available at the time of

the hearing and would have had an impact on the HRTO’s decision;• when a party did not receive notice of the hearing and was unable to

participate, through no fault of the party;• when the HRTO considers it advisable and proper to reconsider the

decision, for example because it believes the decision departed significantly from established case law, and there is a broader public interest in reconsidering the decision.

A party may also apply to the Divisional Court for judicial review of the decision. Applications for judicial review are governed by the Rules of Civil Procedure.

Reconsideration and Appeal:

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Workplace Safety and Insurance Appeals Tribunal

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What is WSIAT & WSIB

The Workplace Safety and Insurance Board and the Workplace Safety and Insurance Appeals Tribunal are two agencies established under Ontario’s Workplace Safety and Insurance Act. Together they create a system for providing regular income to workers who have been injured in the workplace or who suffer from a work-related illness, and to provide such workers with medical and other forms of rehabilitative services.

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WSIAT & WSIB Guiding Principles• an accessible appeal system; • superior quality service to workers, employers

and other stakeholders; •knowledgeable and experienced decision makers

who can provide well-reasoned decisions; • timely and efficient case processing; •easy access to information about processes and

compensation law; and •effective and efficient co-ordination with

workplace safety and insurance system partners in the administration of this system.

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When a worker makes a claim for income support or rehabilitation services under WSIB, the WSIB investigates the validity of a claim and grants or denies the claim. If denied, the worker can request an internal review by a different agency staff member.

Employers often contest claims as if there are too many claims, it results in an increase to their WSIB insurance premiums that they are required to pay.

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WSIB has it’s own appeal’s branch. An appeal is made to an Appeals Resolution Officer. Formal hearings are usually only heard where there are factual disputes including credibility issues.

Once all the decision-making levels within the WSIB have been exhaustred, the worker or employer may appeal the decision to the WSIAT by filing a notice of appeal. These hearings are inquisitorial as well as adversarial, as often there is just one party, and sometimes staff is collecting and presenting materials.

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While WSIAT is largely independent from the WSIB, the Act requires WSIAT to follow WSIB policies.

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Issues usually before the Tribunal include:

• Whether the worker is entitled to the benefit, whether the injury was work-related

• The duration of the benefit• Whether there are benefits available from other

programs• Whether the person is able to return to work• Whether the injury is temporary or permanent• Human Rights Code and Charter issues

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Workplace Safety and Insurance Act, 1997

Workplace Safety and Insurance Act Regulations


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WSIAT’s Tribunal’s Rules of Practice & Procedure can be found here:

http://www.wsiat.on.ca/english/pd/index.htm

There is no right of appeal from a decision of the Workplace Safety & Insurance Appeals Tribunal. However, a dissatisfied party will bring an application for a Judicial Review of a Tribunal decision.

Power to reconsider121. The Board may reconsider any decision made by it and may

confirm, amend or revoke it. The Board may do so at any time if it considers it advisable to do so.

Finality of decision123(4) An action or decision of the Appeals Tribunal under this Act is final and is not open to question or review in a court.

Where Do I Find the Rules of Practice:

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What is the Social Benefits Tribunal

The Social Benefits Tribunal hears appeals by people in Ontario who disagree with a decision that affects the amount of or their eligibility for social assistance, either Ontario Works, or Ontario Disability Support Program payments.

The Social Benefits Tribunal is an independent body that operates at arm’ s length from the Ministry and it is separate and apart from the Ministry and local offices.

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The Tribunal hears appeals of people who disagree with a decision that affects the amount of or their eligibility for the social assistance they receive under the Ontario Works Act, 1997 or the Ontario Disability Support Program Act, 1997.

There is generally an internal review process set out by the legislation that must be attempted before a person who disagrees with a decision may apply to the SBT.

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The Tribunal holds hearings which are similar to a court, but less formal. The Tribunal has a Chair, Vice-Chairs and Members, who are appointed by Order-in-Council to hear appeals from individuals concerning social assistance. It is supported by legal counsel, administrative staff and client service staff.

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Issues usually before the Tribunal include:

• Whether the person receiving assistance is participating and following the rules, such as looking for work or doing retraining

• How the benefit should be calculated• The reason a benefit was refused• Whether the person is eligible for assistance• Whether a disability exists (ODSP)• Whether a person has committed welfare fraud

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Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A

Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B


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You can appeal to the Tribunal when you have been refused social assistance or when your social assistance has been cancelled, reduced or put on hold. However, before you appeal:

i. You must have requested and received an internal review decision from the office that made the decision about your social assistance

ORii. You must have requested but not received an internal review decision within 10 days of your request.


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The Social Benefits Tribunal’s Rules of Practice & Procedure can be found here:

http://www.sbt.gov.on.ca/Page320.aspx

Appeal to Court (Ontario Works Act)36. (1) The Director and any party to a hearing may appeal the Tribunal's decision to the Divisional Court on a question of law.

Appeal to Court (ODSP Act)31. (1) Any party to a hearing before the Tribunal may appeal the Tribunal's decision to the Divisional Court on a question of law. 1997, c. 25, Sched. B, s. 31 (1).

Where Do I Find the Rules of Practice / What about Appeals:

Chapter 15 selected_agencies_week_11

Economy & Finance

Transcript of Chapter 15 selected_agencies_week_11