BCTA 308:
Administrative Law
Chapters 15, Administrative Law, Principles &
Advocacy
Selected Administrative Agencies
2
What is the Licence Appeal Tribunal ("the
Tribunal")?
The Licence Appeal Tribunal is an independent
adjudicative tribunal ...
What is the Licence Appeal Tribunal ("the
Tribunal")?
As a quasi-judicial tribunal, the Tribunal is subject to the
rules o...
The following statutes are covered by the Tribunal’s
mandate:
AGRPPA - Alcohol and Gaming Regulation
and Public Protection...
Who Can File an Appeal to the Tribunal:
You can appeal to the Tribunal if you receive and disagree with a
decision denying...
Where Do I Find the Enabling Statute / Rules of
Practice:
The Licence Appeal Tribunal’s enabling statute is the:
Licence A...
And The
Financial Services Tribunal of Ontario

8
What is the Financial Services Commission?
The Financial Services Commission of Ontario is an arms
length, regulatory agen...
What is the Financial Services Commission?
The Superintendent of Financial Services administers
and enforces the Financial...
What is the Financial Services Tribunal?
The Financial Services Tribunal is an independent,
adjudicative body composed of ...
The following statutes & Regs. covered by Tribunal’s
mandate:
Financial Services Commission of Ontario Act, 1997
SABS (Sta...
Who Can File an Appeal:
If you wish to request a hearing or file an appeal with the Tribunal, you must
complete a Request ...
Who Can File an Appeal:
The parties to the proceeding are the applicant [someone who files a
Request for Hearing with the ...
Rules of Practice / Mediation
All parties who are involved in a proceeding before the Tribunal are
expected to follow the ...
Where Do I Find the Rules of Practice / What about
Appeals:
The Financial Services Tribunal’s Rules of Practice can be fou...
17
What is the Landlord and Tenant Board?
The Landlord and Tenant Board’s role is to provide
information about the Residentia...
What is the Landlord and Tenant Board?
The purposes of this Act are to provide protection for
residential tenants from unl...
What is the Landlord and Tenant Board?
Landlords and tenants can file an application with the
Board.  Once an application ...
What Type of Tenancies does the Act Cover:
The Residential Tenancies Act, 2006 covers most residential rental units
in Ont...
Where Do I Find the Enabling Statute / Rules of
Practice:
The Landlord and Tenant Board’s enabling statute is:
Residential...
23
What is the Ontario Human Rights Tribunal
On June 30, 2008, the Human Rights Code Amendment
Act 2006 came into force. As o...
What is the Ontario Human Rights Tribunal
The 2008 amended Code established a new Human
Rights Legal Support Centre to pro...
The following statutes are covered by the Tribunal’s
mandate:
Human Rights Code, R.S.O. 1990,
c. H.19
Regulation 290/98
Bu...
How Do You File an Application
The HRTO process begins when a person files a completed application form
with the HRTO. The...
How Do You File an Application
People may also get help from other legal clinics, a private lawyer or a
paralegal, or may ...
Where Do I Find the Rules of Practice:
The Human Rights Tribunal’s Rules of Practice & Procedure can be found
here:
http:/...
Reconsideration and Appeal:
What can an applicant or respondent do if they disagree with
the decision?
There is no right o...
Workplace Safety and Insurance Appeals Tribunal

31
What is WSIAT & WSIB
The Workplace Safety and Insurance Board and the
Workplace Safety and Insurance Appeals Tribunal are
...
WSIAT & WSIB Guiding Principles
• an accessible appeal system;
• superior quality service to workers, employers and other
...
What is WSIAT & WSIB
When a worker makes a claim for income support or
rehabilitation services under WSIB, the WSIB
invest...
What is WSIAT & WSIB
WSIB has it’s own appeal’s branch. An appeal is made
to an Appeals Resolution Officer. Formal hearing...
What is WSIAT & WSIB
While WSIAT is largely independent from the WSIB, the
Act requires WSIAT to follow WSIB policies.

36
Issues usually before the Tribunal include:
• Whether the worker is entitled to the benefit, whether
the injury was work-r...
The following statutes are covered by the Tribunal’s
mandate:
Workplace Safety and Insurance
Act, 1997
Workplace Safety an...
Where Do I Find the Rules of Practice:
WSIAT’s Tribunal’s Rules of Practice & Procedure can be found here:
http://www.wsia...
40
What is the Social Benefits Tribunal
The Social Benefits Tribunal hears appeals by people in
Ontario who disagree with a d...
What is the Social Benefits Tribunal
The Tribunal hears appeals of people who disagree with
a decision that affects the am...
What is the Social Benefits Tribunal
The Tribunal holds hearings which are similar to a court,
but less formal. The Tribun...
Issues usually before the Tribunal include:
• Whether the person receiving assistance is participating
and following the r...
The following statutes are covered by the Tribunal’s
mandate:
Ontario Works Act, 1997, S.O.
1997, c. 25, Sched. A
Ontario ...
How Do You File an Application
You can appeal to the Tribunal when you have been refused social
assistance or when your so...
Where Do I Find the Rules of Practice / What about
Appeals:
The Social Benefits Tribunal’s Rules of Practice & Procedure c...
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Chapter 15 selected_agencies_week_11

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Chapter 15 selected_agencies_week_11

  1. 1. BCTA 308: Administrative Law Chapters 15, Administrative Law, Principles & Advocacy Selected Administrative Agencies
  2. 2. 2
  3. 3. 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. 3
  4. 4. 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. 4
  5. 5. The following statutes are covered by the Tribunal’s mandate: AGRPPA - Alcohol and Gaming Regulation and Public Protection Act, 1996 BA - Bailiffs Act BCA - Building Code Act, 1992, O. Reg. 350/06, Division C, Part 3, Section 3.2 – Designer Section 3.3 - Sewage Systems Section 3.4 - Registered Code Agency CA - Cemeteries Act (Revised) CFSA - Child and Family Services Act CAA - Collection Agencies Act CPA - Consumer Protection Act, 2002 CRA - Consumer Reporting Act DNA - Day Nurseries Act DBPA - Discriminatory Business Practices Act FBCSA - Funeral, Burial and Cremation Services Act, 2002 FCA - Film Classification Act, 2005 FDEA - Funeral Directors and Establishments Act IAA - Intercountry Adoption Act, 1998 LLA - Liquor Licence Act MVDA - Motor Vehicle Dealers Act, 2002 ONHWPA - Ontario New Home Warranties Plan Act PPDA - Paperback and Periodical Distributors Act PLA - Payday Loans Act, 2008 PSECEA - Post-secondary Education Choice and Excellence Act, 2000, O. Reg. 281/02 PCCA - Private Career Colleges Act, 2005 PSISA - Private Security and Investigative Services Act, 2005 REBBA - Real Estate and Business Brokers Act, 2002 RHA - Retirement Homes Act, 2010 TIA - Travel Industry Act, 2002 VQAA - Vintners Quality Alliance Act, 1999 GCA - Gaming Control Act, 1992 HTA - Highway Traffic Act 5
  6. 6. Who Can File an Appeal to the Tribunal: 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. 6
  7. 7. Where Do I Find the Enabling Statute / Rules of Practice: 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: 7
  8. 8. And The Financial Services Tribunal of Ontario 8
  9. 9. 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. 9
  10. 10. 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. 10
  11. 11. 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. 11
  12. 12. The following statutes & Regs. covered by Tribunal’s mandate: Financial Services Commission of Ontario Act, 1997 SABS (Statutory accident benefit schedule) Insurance Act Pension 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 12
  13. 13. Who Can File an Appeal: 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". 13
  14. 14. Who Can File an Appeal: 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. 14
  15. 15. Rules of Practice / Mediation 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. 15
  16. 16. Where Do I Find the Rules of Practice / What about Appeals: The Financial Services Tribunal’s Rules of Practice can be found here: http://financialservicestribunal.on.ca/english/rules/ APPEALS Appeal 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).   16
  17. 17. 17
  18. 18. 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. 18
  19. 19. What is the Landlord and Tenant Board? 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. 19
  20. 20. What is the Landlord and Tenant Board? 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.  20
  21. 21. What Type of Tenancies does the Act Cover: 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. 21
  22. 22. Where Do I Find the Enabling Statute / Rules of Practice: 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 rights 210.  (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). 22
  23. 23. 23
  24. 24. 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. 24
  25. 25. 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. 25
  26. 26. The following statutes are covered by the Tribunal’s mandate: Human Rights Code, R.S.O. 1990, c. H.19 Regulation 290/98 Business practices permissible to landlords in selecting prospective tenants for residential accommodation. 26
  27. 27. How Do You File an Application 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. 27
  28. 28. How Do You File an Application 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. 28
  29. 29. Where Do I Find the Rules of Practice: 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 decision 45.7  (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 final 45.8  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.). 29
  30. 30. Reconsideration and Appeal: 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. 30
  31. 31. Workplace Safety and Insurance Appeals Tribunal 31
  32. 32. 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. 32
  33. 33. 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. 33
  34. 34. What is WSIAT & WSIB 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. 34
  35. 35. What is WSIAT & WSIB 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. 35
  36. 36. What is WSIAT & WSIB While WSIAT is largely independent from the WSIB, the Act requires WSIAT to follow WSIB policies. 36
  37. 37. 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 37
  38. 38. The following statutes are covered by the Tribunal’s mandate: Workplace Safety and Insurance Act, 1997 Workplace Safety and Insurance Act Regulations 38
  39. 39. Where Do I Find the Rules of Practice: 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 reconsider 121.  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 decision 123(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. 39
  40. 40. 40
  41. 41. 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. 41
  42. 42. What is the Social Benefits Tribunal 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. 42
  43. 43. What is the Social Benefits Tribunal 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. 43
  44. 44. 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 44
  45. 45. The following statutes are covered by the Tribunal’s mandate: Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B 45
  46. 46. How Do You File an Application 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 OR ii. You must have requested but not received an internal review decision within 10 days of your request. 46
  47. 47. Where Do I Find the Rules of Practice / What about Appeals: 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). 47

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