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. 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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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. 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.
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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:
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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.
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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.
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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. 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
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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".
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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. 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. 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).
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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.
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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.
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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.
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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:
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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. 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).
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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.
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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. 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.
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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. 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.
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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.).
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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.
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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. 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. 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. 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. What is WSIAT & WSIB
While WSIAT is largely independent from the WSIB, the
Act requires WSIAT to follow WSIB policies.
36
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. The following statutes are covered by the Tribunal’s
mandate:
Workplace Safety and Insurance
Act, 1997
Workplace Safety and Insurance
Act Regulations
38
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
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. 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. 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. 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. 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. 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. 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).
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