Table of Contents
The Adjudicative Tribunals Accountability, Governance and Appointments Act (Ontario) (“ATAGAA”) requires Tribunals Ontario to prepare a Business Plan annually. This document sets out the Business Plan for Tribunals Ontario for the three fiscal years commencing April 1, 2020 and ending on March 31, 2023.
Effective January 1, 2019, Tribunals Ontario was established, merging 19 adjudicative tribunals previously grouped under three independent clusters: Environment and Land Tribunals Ontario (ELTO), Social Justice Tribunals Ontario (SJTO) and Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO). These changes were part of the government's plan to review tribunals accountable to the Ministry of the Attorney General to ensure programs are effective, affordable and sustainable.
As of July 1, 2020, the Government of Ontario announced the creation of a new tribunal organization, the Ontario Land Tribunals (OLT). The OLT adjudicates and mediates matters related to land use planning, environmental and heritage protection, expropriated land valuation, mining and other matters. The new organization includes the Local Planning Appeal Tribunal, Environmental Review Tribunal, Board of Negotiation, Conservation Review Board and the Mining and Lands Tribunal. OLT focuses on land-related dispute resolution to help increase the housing supply in the province, while balancing the needs of environmental protection and conservation.
Tribunals Ontario is led by an Executive Chair, who also assumes the powers, duties and functions legislatively assigned to the chair of each constituent tribunal. The Executive Chair is accountable to the Minister (Attorney General) for the performance of Tribunals Ontario in fulfilling its mandate. While under the leadership of the Executive Chair, each tribunal maintains its legislative mandate and remains independent in its decision-making. However, all tribunals benefit from the coordination and sharing of resources, expertise, best practices, processes, and administrative and professional development support. Decisions of tribunals are made by adjudicators (“Adjudicators”) who are appointed for fixed terms by Orders-In-Council made by the Lieutenant Governor-In-Council on the recommendation of the Executive Chair, Minister and Cabinet. Adjudicators report to the Executive Chair.
The organization is also led by an Executive Director, who is responsible for supporting the Executive Chair in the implementation of Tribunal Ontario's policies and operational decisions. The Executive Director is accountable to the Deputy Attorney General for the management of Tribunals Ontario's operations. Staff are Ontario Public Servants and report to the Executive Director.
The tribunals hold proceedings and promote the early resolution of a multitude of matters using a variety of dispute resolution methods.
The amalgamation of the three tribunal clusters presented challenges but has resulted in new prospects for the organization and created the opportunity to improve front-line service delivery and enhance the quality of dispute resolution services for people across the province who access the tribunals each year.
Tribunals Ontario continues to work towards the common goal of early resolution by focusing on leveraging digital and shared service models using education and technology tools.
Our membership and staff reflect the diversity of Ontario ensuring the organization has the knowledge, expertise and experience to fulfill its mandates. It is the skill and commitment of our adjudicators and staff that ensure fairness and excellent service delivery to meet the needs of the public we serve.
Over its first operating year, Tribunals Ontario completed several projects to effectively and efficiently serve those who came before its tribunals including:
In order to develop a new set of streamlined strategic directions and initiatives, Tribunals Ontario underwent an organizational review. The review examined ways to improve organizational performance and results, and promote consistency in practices, procedures, decision-making and dispute resolution. Tribunals Ontario continues to make progress on improving how services are delivered to ensure a streamlined, cost-effective and efficient model for the people who access our services.
Tribunals Ontario established a centralized business planning and corporate services unit to increase effectiveness and gain efficiencies through streamlined processes, enhanced coordination and improved controllership.
Tribunals Ontario will continue to look for ways to streamline its operation and maximize the utilization of its resources to support effective business delivery, to ensure compliance with government directions on accountability and with corporate directives, policies and guidelines.
Tribunals Ontario recognizes that its ability to deliver fair and transparent processes and ensure consistent access to justice is contingent on establishing and maintaining strong communications with parties, the public and stakeholders. To promote a customer-service orientation and effective and efficient internal and external communications Tribunals Ontario centralized its communications and streamlined the approach to issues management, media relations, stakeholder relations and corporate communications.
Tribunals Ontario Order-in-Council membership continues to reflect the diversity of Ontario, ensuring the organization has the knowledge, expertise and experience to fulfill its mandates.
The management of the organization’s public appointments was centralized to streamline the approach to recruitment, performance management, resources and asset allocation.
In addition, the senior adjudicative leadership team was rationalized by identifying areas to cross-appoint Associate Chairs to multiple tribunals providing for more consistent processes across tribunals and a more efficient senior decision-making team.
It is our adjudicators’ skills; experience in adjudication and administrative law; and commitment that ensures fairness and efficient service delivery to meet the needs of the public we serve.
Tribunals Ontario established a consolidated legal services unit to improve the coordination and alignment of legal services. The consolidated model has improved resource utilization through coordination and alignment of legal services; enhanced the provision of timely, high quality and consistent legal services to all tribunals and built expertise by sharing best practices.
Tribunals Ontario provides services to the public in both official languages in accordance with the French Language Services Act (FLSA). In 2019, Tribunals Ontario implemented a new French Language Services Policy across the broader organization based on previous engagement with, and advice of the Office of the Ombudsman (previously the French Language Services Commissioner). Standardized training continues to be provided to staff and adjudicators to ensure that all tribunals in the organization are applying a consistent approach to the provision of French language services and that all staff and adjudicators (both French and English speaking) are adequately trained on their responsibilities under the FLSA.
In addition, an adjudicator lead for French Language Services was nominated to ensure business areas across the organization are in compliance with the FLSA and the active offer.
Tribunals Ontario has also increased the geographic and cultural representation by recruiting more members from diverse groups, including an increased number of members with French language competencies.
Tribunals Ontario has introduced a single process for the public to access information either through Freedom of Information and Protection of Privacy Act or in accordance with the Tribunal Adjudicative Records Act, 2019.
We also opened the doors to a new, modern, accessible hearing and mediation centre at 15 Grosvenor Street.
Tribunals Ontario has initiated a review of per diem and expense policies from former clusters in order to develop a consistent approach. We have also initiated discussions with the Office of the Ombudsman to streamline responses to service complaints.
Prior to January 2019, the three former clusters were guided by independent sets of strategic directions that underpinned operational plans, key focus areas and initiatives.
While key initiatives pertaining to specific tribunals have continued during the transitional period of Tribunals Ontario, the new organization will be implementing recommendations from the organizational review to establish a new streamlined set of strategic directions.
Tribunals Ontario’s strategic directions over the next three years will focus on the following outcomes:
These initiatives will support new approaches to service delivery and transform Tribunals Ontario into a modern organization offering high-quality services that meet the needs of the people of Ontario.
Tribunals Ontario is a group of 14 adjudicative tribunals with a mandate to resolve and decide matters arising from over 60 statutes relating to safety, licensing, land, and social justice.
Tribunals Ontario will deliver administrative justice in a fair, independent, effective and efficient manner. We promote public confidence through integrity and excellence, and by being accessible, accountable and responsive.
Tribunals Ontario will optimize dispute resolution through modern, new ways of service delivery.
Tribunals Ontario is guided by the following four core values:
Accessibility
Publications, communications and facilities will provide full and equitable access. Practices and procedures will be designed to promote informed and meaningful participation, and support diversity and inclusion.
Accountability
High quality services are delivered consistently and with regard to value for money, resulting in a fair and accessible experience for parties, stakeholders, staff and adjudicators.
Integrity
Staff and adjudicators will act with honesty and with professionalism, exhibiting the highest standards of public service.
Fairness
Proceedings will be conducted impartially, and parties will have a reasonable opportunity to be heard. Decisions will be principled and based on the facts, the applicable law and the merits of the case.
Tribunals Ontario uses a variety of dispute resolution methods and conducts different types of events, including full hearings, telephone conference hearings, case management conferences, pre-hearings, motion hearings and mediation sessions to resolve party disputes. The tribunals process the files from intake, through to a hearing (if required), and issue decisions, orders and recommendations resulting from settlements, hearings and mediations. Tribunals Ontario is implementing a “Digital First” initiative to move away from in person proceedings to virtual proceedings.
The specific mandates for 14 constituent tribunals are set out below.
The Animal Care Review Board (ACRB) resolves disputes and conducts hearings regarding animal welfare, including hearing appeals of orders and decisions of the Chief Animal Welfare Inspector and other animal welfare inspectors. When reviewing appeals and applications, the welfare of any animal involved is the ACRB’s main priority.
The Assessment Review Board (ARB) adjudicates applications and appeals on property assessments, classifications and tax matters.
The Child and Family Services Review Board (CFSRB) conducts reviews, hearings and appeals for matters affecting children, youth and families in Ontario, including: Children’s Aid Society services complaints, emergency secure treatment admissions, adoption refusals, and appeals of school board expulsions.
The Criminal Injuries Compensation Board (CICB) assesses and awards financial compensation to victims of violent crime committed in Ontario and to the family members of deceased victims. The CICB can compensate victims for pain and suffering, loss of income, treatment expenses, funeral expenses and other costs that result from being a victim of crime.
In April 2019, the Government of Ontario announced the wind down of the CICB. The CICB continued to receive applications until September 30, 2019. All applications received by September 30, 2019 will be processed and adjudicated before the CICB ceases operations.
The Custody Review Board (CRB) reviews placement decisions regarding young persons being held in detention or custody and makes recommendations to the Provincial Director regarding the placement of youth.
The Fire Safety Commission (FSC) resolves disputes and conducts hearings regarding fire safety matters, including orders made by inspectors or the Fire Marshal for repairs, alterations or installations to a building, structure or premises.
The Human Rights Tribunal of Ontario (HRTO) resolves claims of discrimination and harassment brought under the Human Rights Code. The HRTO offers parties the opportunity to settle the dispute through mediation first. If the parties do not agree to mediation or mediation does not resolve the application, the HRTO holds a hearing.
The Landlord and Tenant Board (LTB) resolves applications related to residential tenancy disputes and eviction disputes in non-profit housing co-operatives filed under the Residential Tenancies Act (RTA). LTB is also mandated to provide information to landlords and tenants about their rights and obligations under the RTA.
The Licence Appeal Tribunal (LAT) adjudicates applications and resolves disputes concerning compensation claims and licensing activities regulated by the provincial government, including the activities of delegated administrative authorities. The LAT is currently comprised of two main divisions: General Service (LAT-GS) and Automobile Accident Benefits Service (LAT-AABS).
The Ontario Civilian Police Commission (OCPC) adjudicates applications, conducts investigations and resolves disputes regarding the oversight and provision of policing services. This includes hearing appeals of police disciplinary decisions, conducting investigations and inquiries into the conduct of chiefs of police, police officers and members of police services boards.
In March 2019, the Ontario government passed the Comprehensive Ontario Police Services Act, which introduced many changes to the oversight of policing in the province. The OCPC was not part of the new framework of oversight and will be dissolved after an appropriate transition period. Matters will be heard by the Ontario Police Arbitration and Adjudication Commission.
The Ontario Parole Board (OPB) makes parole decisions for applicants serving a sentence of less than two years in a provincial correctional institution. The OPB also decides applications for temporary absences from a correctional institution for greater than 72 hours.
The Ontario Special Education Tribunals - English and French (OSETs) hear appeals from parents who have been unable to resolve disputes with school boards respecting the identification and placement of exceptional pupils.
The Social Benefits Tribunal (SBT) considers appeals by applicants who have been refused social assistance and recipients of social assistance who disagree with a decision that affects the amount of, or their eligibility for, social assistance.
In the 2018 Ontario Economic Outlook and Fiscal Review, the government announced that it would take steps to ensure all Provincial agencies are relevant, efficient and effective, and that they provide value for money to taxpayers. The work of the task force aligns with the broader efforts of the government to improve the way in which agencies deliver on government priorities and transform the way services are delivered.
To date, the task force has recommended the dissolution of ten Provincial agencies, including the Criminal Injuries Compensation Board (CICB). The task force will continue to review spending, transparency of operations, long-term sustainability and oversight structures in its comprehensive review of provincial agencies. The review could have impacts on other boards and tribunals, which would require additional operational and organizational changes.
As the COVID-19 outbreak evolved in mid-March, Tribunals Ontario took immediate action to safeguard the health and well-being of staff, adjudicators and Ontarians. We continued to provide services by converting in-person hearings to written and telephone hearings where feasible.
The Government of Ontario’s Emergency Order made under the Emergency Management and Civil Protection Act retroactive to March 16, 2020, affected proceedings before tribunals as timelines for proceedings were suspended. This suspension impacted some tribunals and boards.
At the time of writing, the Emergency Order had been extended into the current fiscal year and Tribunals Ontario has been working to ensure minimal service disruption for Ontarians. While we experienced challenges with delays at some of our high-volume tribunals, we are encouraged by the quick response to the COVID-19 outbreak and are hopeful to leverage successes in alternative proceeding formats to further modernize processes and procedures across Tribunals Ontario.
On July 1, 2020, the Ontario government created the new Ontario Land Tribunals (OLT) which will focus on land-related dispute resolution to help increase the housing supply in the province, while balancing the needs of environmental protection and conservation.
The OLT will adjudicate and mediate matters related to land use planning, environmental and heritage protection, expropriated land valuation, mining and other matters. The new organization will include the Local Planning Appeal Tribunal, Environmental Review Tribunal, Board of Negotiation, Conservation Review Board and the Mining and Lands Tribunal.
Tribunals Ontario will remain focused on dispute resolution for 14 tribunals in the social, property assessment, safety and licensing sectors. The Assessment Review Board will continue to be part of Tribunals Ontario.
Tribunals Ontario and OLT are committed to have their operations continue working together to ensure a smooth transition to the new organization. Existing applications and appeals with the OLT will continue to be processed. Operations and resources of Tribunals Ontario and OLT will be disentangled between July 1, 2020 and March 31, 2021.
Each of the constituent tribunals at Tribunals Ontario is established by statute. The jurisdiction of those tribunals is subject to change over time as policy, regulations and legislation are updated to meet the evolving needs of the people of Ontario. Tribunals Ontario advises the Ministry of the Attorney General of the potential impact to process, resource needs and service delivery when changes to jurisdiction are identified.
Animal Care Review Board (ACRB)
On January 1, 2020, the Provincial Animal Welfare Services Act, 2019 replaced the Ontario Society for the Prevention of Cruelty to Animals Act, introducing a new animal welfare model in Ontario. The changes may result in an increase of applications to the ACRB potentially impacting operations due to legislated timeline requirements. When an application or appeal is received, the ACRB has five days to set a hearing date and the hearing must convene within ten days.
Child and Family Services Review Board (CFSRB)
On January 1, 2020, Part X (Personal Information) of the Child, Youth and Family Services Act, 2017 came into effect. As a result, the CFSRB no longer has jurisdiction to review complaints about inaccuracies in a children’s aid society file. The Information and Privacy Commissioner of Ontario now deals with this type of complaint.
Also, on January 1, 2020, the federal government’s Bill C-92: An Act respecting First Nations, Inuit, and Métis children, youth and families came into force. This legislation affirms the rights and jurisdiction of Indigenous peoples in relation to child and family services.
Criminal Injuries Compensation Board (CICB)
On October 1, 2019, the government introduced the Victim Quick Response Program + (VQRP+), an enhanced program to support victims of violent crimes. The VQRP+ is a coordinated, province-wide, and victim-centered service delivery model. The VQRP has been enhanced to replace the CICB, which accepted applications until September 30, 2019. All files received, by September 30th, will be completed by fiscal year 2021-22. CICB will work with MAG to determine adequate transition provisions to the new process to ensure smooth dissolution.
Landlord and Tenant Board (LTB)
On January 9, 2020, the Ontario Ombudsman announced an investigation into delays at the Landlord and Tenant Board (LTB). The Ombudsman noted that “the investigation will focus on whether the government is taking adequate steps to address the delays and backlogged cases”. One of the identified issues was a shortage of adjudicators. We have put in place an aggressive recruitment strategy to return to a full complement of full-time members and additional part-time members. The investigation is also looking into other potential systemic factors, such as relevant legislation, training, funding and technology.
Bill 184, which received Royal Assent on July 21, 2020 updates the Residential Tenancies Act, 2006 and Housing Services Act, 2011. The Act now requires tenant compensation of one month's rent for "no fault" evictions; allows the LTB to order up to 12 months' rent in compensation for eviction notices issued in bad faith or where the landlord does not allow the tenant to move back in after renovations or repairs; and, doubles the maximum fine amounts for offences under the Act to $50,000 for an individual and $250,000 for a corporation.
The changes will also modernize and streamline the dispute resolution processes at the LTB and encourage the use of alternatives to formal hearings to resolve certain issues and encourage negotiated settlements. The LTB must now consider whether a landlord tried to negotiate a repayment agreement with a tenant before it can issue an eviction order for non-payment of rent related to COVID-19. Certain disputes, such as those related to unpaid utility bills, will shift from Small Claims Court to the Board.
A negative economic outlook arising from the pandemic could increase economic hardship on Ontarians and make it more difficult to maintain housing. Combined with a continued tightening of the rental housing market, a negative economic outlook could contribute to increased activity at the LTB. During the 2019-20 fiscal year, there was continued pressure on the supply of affordable housing, which is expected to continue in 2020-21.
Licence Appeal Tribunal (LAT)
The Licence Appeal Tribunal’s mandate may expand to address appeals under the Combative Sports Act, 2019, once the legislation has been proclaimed. These potential changes may result in increased caseload, which would require additional staff and appointments, as well as potential changes to administrative and adjudicative processes and rules.
On July 14, 2020, the Rebuilding Consumer Confidence Act, 2019 was passed. Once proclaimed, the Act will overhaul Ontario’s new home warranty and protection program and the Tarion Warranty Corporation, which could affect the LAT’s jurisdiction related to resolving appeals of warranty claim decisions.
On March 4, 2020, the Trust in Real Estate Services Act, 2019 was passed. Once proclaimed, the Act will update the Real Estate and Business Brokers Act, 2002 to broaden the role of the LAT to resolve appeals related to the Real Estate Council of Ontario’s Discipline Committee orders and administrative penalties.
Ontario Civilian Police Commission (OCPC)
On March 26, 2019, the government passed the Comprehensive Ontario Police Services Act, which introduced changes to the oversight of policing in Ontario.
Under the Community Safety and Policing Act, 2019, the OCPC is continued, until the regulations provide for its dissolution. OCPC will work with MAG to ensure a smooth transition.
Ontario Parole Board (OPB)
On November 1, 2019, an amendment to Regulation 778 under the Ministry of Correctional Services Act, related to parole consideration when inmates have waived their right to a parole hearing, came into force. The amendment removes the requirement for the OPB to proactively consider inmates for parole in cases where the inmate has waived the right to a parole hearing.
In March 2020, amendments to Ontario regulations permit applications for temporary absences to be approved by the Ministry of the Solicitor General. If referred to by the Ministry of the Solicitor General, the OPB will continue to review temporary absences longer than 72 hours in duration. A second regulatory amendment allows the OPB to conduct hearings by electronic or written means, rather than solely in-person, providing alternate options for hearings.
Fiscal constraint
In line with the government’s commitment to eliminate the budget deficit, the funding allocation for Tribunals Ontario has decreased over the previous years. Tribunals Ontario’s greatest costs are salary, wages and benefits for staff and members, and over the previous years these costs have increased. With increasing costs and decreasing budget allocations, Tribunals Ontario is developing new organizational practices to realize efficiencies and improve outcomes through a multi-year approach to identify transformation opportunities and to achieve savings.
Appointments
Tribunals Ontario requires the appointment of a full complement of adjudicators to decide current and future cases, meet service delivery requirements and legislated time requirements. This includes the appointment of Associate Chairs and new adjudicators, and the reappointment of full-time and part-time adjudicators with terms expiring in the coming year.
Achieving a full complement of adjudicators has been identified as one of Tribunal Ontario’s top priorities for the current fiscal year. Tribunals Ontario will continue to work diligently with the government to address the need for the appointment of a full complement of adjudicators.
Workforce and succession planning
Tribunals Ontario has experienced difficulty in attracting and retaining qualified staff to fill front-line positions, particularly entry level and designated bilingual positions. This has contributed to delays in application processing, longer call centre service times, and increased complaints, particularly with the higher-volume boards and tribunals.
Tribunals Ontario has made staff recruitment a priority to help meet the demand of ongoing and future caseload and ensure the timely and effective service delivery of hearings and issuance of decisions. Tribunals Ontario will continue to work diligently with the government to address the need for hiring additional qualified staff.
Outdated case management systems
Aging case management systems across the constituent boards and tribunals hinder Tribunals Ontario from effectively managing case workflow, modernizing processes, and effectively tracking and reporting on performance and timelines.
Tribunals Ontario will pursue a digital first approach to service delivery in the future, and has identified the selection and implementation of an integrated, modern digital solution as one of its top priorities for the current fiscal year.
This Business Plan establishes the strategic direction and goals for Tribunals Ontario for the period April 1, 2020 to March 31, 2023 (the “Planning Period”). By the end of the Planning Period, Tribunals Ontario will have made substantial progress toward:
During the first fiscal year of this Planning Period Tribunals Ontario will:
During the current fiscal year Tribunals Ontario will complete a review of performance measures for its 14 boards and tribunals with a view to standardizing and aligning key performance indicators across the organization. Through this review, measures will be reaffirmed, or they will be updated to better reflect the current environment and strategic directions of Tribunals Ontario.
Tribunals Ontario is committed to building a diverse, dynamic, effective and respectful workplace and supports ongoing learning and development.
Professional development is an essential part of providing high-quality dispute resolution services at Tribunals Ontario. Supporting adjudicators and staff with training ensures they have the skills and knowledge to provide valuable services while delivering administrative justice in a fair, independent and timely manner.
Tribunals Ontario’s integrated professional development program provides adjudicators and staff with legal and substantive knowledge required to analyze the facts and law, make timely and well-reasoned decisions, resolve cases consistent with the statutory mandate of the tribunal and provide practical knowledge to conduct fair proceedings.
Tribunals Ontario continues to provide adjudicative and client service excellence training to foster growth, improve all aspects of performance specific to members and staff, build on professional knowledge and develop effective working practices.
To maintain consistency, improve accessibility and cost effectiveness, Tribunals Ontario will continue to provide training using video technology and other instructional methods. By leveraging reductions in facilitation costs, this approach also affords the opportunity to offer more tribunal-specific training and professional development programs to members who are appointed to or staff who will support more than one tribunal.
Tribunals Ontario has implemented a cross-appointment strategy for many adjudicators across its 14 tribunals. This means that members appointed to one tribunal are also able to adjudicate cases for other selected tribunals in the cluster.
Cross-appointments enhance processes and outcomes across the tribunals by ensuring consistency and the ability to respond effectively to increasing jurisdiction or changing caseload demands across the province. A cross-appointment strategy offers flexibility across various portfolios and promotes delivery of specific services, such as French Language Services, while providing access to an adjudicative team that reflects the cultural, gender and geographic diversity of the province.
Tribunals Ontario will analyze in the current fiscal year the impact of cross appointments of part time adjudicators to ensure the total number of part time adjudicators is sufficient to meet the needs of Tribunals Ontario.
Tribunals Ontario will continue to recommend cross-appointments across all of the tribunals as a strategy to ensure adjudicative excellence, enhance operational efficiencies, improve service, and support succession planning.
Tribunals Ontario will also be implementing an integrated staffing model to support the administrative needs of the organization as it continues to transform and grow.
Tribunals Ontario actively undertakes succession planning to address turnover and to identify and develop potential successors. Tribunals Ontario follows the OPS directives for recruitment and uses the OPS Inclusion Lens throughout the competition process to ensure its hiring practices are fair and inclusive.
In 2020 – 2021 Tribunals Ontario will reduce its complement of staff resources by 24 positions resulting from the Transition Exit Initiative and the Voluntary Exit Program. This reduction is not expected to impact service delivery. Compensation for Tribunals Ontario staff is established in the OPS Compensation Directive. Compensation for Tribunals Ontario adjudicators is set by the Treasury Board and approved by Cabinet. This is set out in the Agencies & Appointments Directive.
| Group | Number of Positions |
|---|---|
| Executive Management Group | 5 |
| Crown Counsel (CC5) | 1 |
| Association of Law Officers of the Crown (ALOC) | 21 |
| Management Compensation Plan (MCP) | 54 |
| Association of Management, Administrative and Professional Crown Employees of Ontario (AMAPCEO) | 109 |
| Ontario Public Service Employees Union (OPSEU) | 439 |
| Sub-Total Staff | 629 |
| Order-in-Council (OIC) Full-time Members* | 188 |
| Total | 817 |
* In addition, as of December 31, 2019 Tribunals Ontario had a complement of 115 OIC Part-time members.
Ontarians expect and demand online services they can access from their homes, after traditional working hours, and while “on the go”. They should not be required to take days off work to navigate a legal maze, find the right government office to fill out paper forms and attend hearings driven by a rigid, inflexible culture.
Modern society expects online services that are less expensive, faster, fair, and accessible from anywhere and at anytime. People also expect value for their time and money; a problem-solving experience that gives them greater control over how their time is spent, that results in a positive impact on how they live and work or operate a business in Ontario.
The 14 constituent tribunals within Tribunals Ontario resolve over 150,000 disputes every year that impact the daily lives of Ontarians. Tribunals Ontario currently relies on legacy infrastructure to delivery its core services, including seven unique case management systems, three different websites, multiple call centres and in some areas, a heavy reliance on paper-based systems.
With the creation of one integrated organization, there is now a significant opportunity to:
Over the next three years, Tribunals Ontario will focus on a ‘digital first’ strategy, with key initiatives that will improve the efficiency and effectiveness of services provided.
The following initiatives represent some of the core focus over the next three years and set the direction and framework for future IT investments.
Tribunals Ontario will work to replace the legacy case management systems with a digital solution that includes a common case management system and integrated online dispute resolution system. The integrated digital solution will focus on three key elements:
The benefits of this new approach include:
During the current fiscal year Tribunals Ontario intends to complete an assessment of system options, secure a solution, develop an implementation roadmap, and commence implementation at one or more tribunals. The initial implementation focus will be on the LTB.
Citizens, businesses and all other participants in the justice process have come to expect certain base levels of service, particularly in the form of online information and online self-service.
Over the next three years, Tribunals Ontario will work towards modernizing its web presence by consolidating the existing internet websites for all business areas and tribunals. In the first phase, a single landing page will be established for Tribunals Ontario during the current fiscal year. Subsequent phased development will depend upon the functionality of the integrated digital solution. Ultimately, a new website will be the primary communication channel to provide information to those accessing Tribunals Ontario’s services. Tribunals Ontario will seek to enhance content and functionality as part of the redesigned website or interface and will continue to ensure all online content and products are accessible.
To more efficiently streamline public enquiries, Tribunals Ontario will work to consolidate call centre infrastructure. Multiple systems currently exist from the three previous adjudicative clusters that allow the public to speak to customer service representatives by phone. Consolidation of call centre infrastructure will streamline maintenance and support and allow for better data analysis to identify trends in public inquiry. This will assist Tribunals Ontario in determining, on a proactive basis, how it can better meet the information needs of the public.
The Ministry of the Attorney General (MAG) has articulated its vision to deliver an innovative, sustainable and responsive justice system that inspires public confidence and upholds the rule of law. A key pillar of this vision is a focus on putting more services online and using technology to improve service delivery, guided by the Ontario Digital Service Standard.
Tribunals Ontario will play an important role in the overall MAG vision as the organization moves through its transition phase over the next three years. Wherever possible, it will explore solutions with a ‘digital first’ lens, whether it relates to business infrastructure (e.g. case management systems, websites or call centres) or indeed internal business practices (e.g. consolidating IT assets, refreshing IT assets that support greater operational flexibility or transitioning away from paper-based operations).
A number of our boards and tribunals are holding proceedings through video conference platforms. Video conferencing provides an alternate method to hold proceedings and enhances access to justice for many, while maintaining the health and safety of all participants.
While the ‘journey to digital’ will require the support of both internal and external partners, Tribunals Ontario remains committed to delivering the most efficient and effective service possible, while putting the public we serve at the centre of what we do.
Tribunals Ontario does not have any initiatives that involve third parties.
Tribunals Ontario is committed to delivering fair and transparent services, ensuring consistent access to justice, and establishing and maintaining strong communications with the public and stakeholders.
Tribunals Ontario is developing a broad communications strategy that aims to:
Providing timely, accessible, and easy to understand materials to the public, self-represented parties and stakeholders will be a priority as Tribunals Ontario continues to undergo complex changes to its jurisdiction and processes.
In addition to traditional communications products, such as information sheets, forms, rules and guides, new digital products will be developed to better engage and improve the user experience of online visitors. Along with regular website updates, a Tribunals Ontario social media strategy will be developed. New communication products will be developed for several boards and tribunals to explain new processes, rule changes and procedures and to provide more user-friendly tools.
Tribunals Ontario is developing a strategy to promote active engagement on its policies, practices and rules through scheduled, web-based stakeholder forums. The strategy will aim to leverage digital technology in a cost-effective way to provide information to stakeholders and the public about tribunals, their caseload, procedures and jurisdiction, and to seek feedback about important changes. Tribunals Ontario will also seek to leverage website updates to communicate proposed changes to operations and services.
Tribunals Ontario is committed to responding to media inquiries effectively, accurately and in a timely manner. During the current fiscal year, Tribunals Ontario plans to streamline the channels of communications with media representatives into one dedicated email address for all Tribunals Ontario media inquiries. While media responses will continue to be provided over email, Tribunals Ontario will adopt the best practice to also make a phone number available for media inquiries.
Tribunals Ontario continues to manually monitor media coverage of its constituent boards and tribunals. To increase access to news content, Tribunals Ontario is considering options to retain a professional news clippings service to provide cost-efficient media monitoring and analysis, as well as content that is currently only available via subscriptions.
To communicate change across the organization and support staff engagement and professional development, Tribunals Ontario plans to consolidate three legacy internal websites into one intranet. The new intranet will centralize office activity and connect all staff and members across Tribunals Ontario. It will provide the tools to share regular updates, internal job opportunities and useful information like organizational charts, employee directory, internal events, and onboarding materials.
Tribunals Ontario delivers administrative justice in a fair, independent, effective and efficient manner ensuring value for money. We promote public confidence through integrity and excellence, and by being accessible, accountable and responsive.
Tribunals Ontario will focus on delivering initiatives to support the following four key priorities:
People: Commit to continuously support learning and training for management, staff and members in order to build cultural competencies, identify and act on opportunities to improve diversity, inclusion and accessibility in the workplace.
Process: Commit to examining periodically its recruitment practices, onboarding process and policies to ensure that barriers to an inclusive organizational culture are identified and removed in a timely manner.
Services: Will continue to adopt best practices that embed diversity, inclusion and accessibility in the planning and delivery of services to the public.
Results: Develop measurements, tracking and reporting tools that document education, awareness and acceptance of diversity, inclusion and accessibility.
As Tribunals Ontario develops new best practices each year, it will use the diversity lens tool to review its policies and programs. These practices ensure that our programs are sensitive to the diverse communities it serves and assist Tribunals Ontario in addressing barriers and implementing new protocols to improve access to its services. This also allows Tribunals Ontario to promote a diverse and inclusive workplace.
Tribunals Ontario is developing a fulsome Diversity and Inclusion Plan which will build on the four key priorities of: people, process, services and results.
Tribunals Ontario is committed to treating all people in a way that allows them to maintain their dignity and independence. We believe in integration and equal opportunity. We are committed to meeting the needs of people with disabilities in a timely manner and will do so by preventing and removing barriers to accessibility and meeting requirements under the Accessibility for Ontarians with Disabilities Act.
In establishing and maintaining its multi-year accessibility plan, Tribunals Ontario commits to auditing its current policies and practices, built environment, procurement processes, employment practices, and any proposed new website development to ensure that it meets the requirements of the Accessibility for Ontarians with Disabilities Act (AODA) and its Integrated Accessibility Standards Regulation (IASR). Any potential or noted breaches will be identified and remedied.
Tribunals Ontario will provide training to employees and members on Ontario’s accessibility laws and on the Ontario Human Rights Code as it relates to people with disabilities. Training will be provided in a way that best suits the duties of employees and members.
Communication supports and accessible formats will be provided, upon request, in a timely manner, to individuals that require assistance in communication such as:
Staff will consult with the client making the request to determine their accessibility needs. No additional fees will be charged to provide the alternate format. Tribunals Ontario will notify the public that it will provide accessible formats and communication supports on its website or through its published materials.
NOTE: Some materials such as large maps and diagrams may be difficult or impossible to convert into an accessible format. In these circumstances, Tribunals Ontario will explain why it is unable to provide the document and provide a summary of its contents.
All new capital projects will meet the design and construction requirements for barrier-free designs in Ontario government facilities. Tribunals Ontario will use the OPS Inclusion Lens as a tool to improve the accessibility assessments of capital proposals.
Tribunals Ontario’s budget reflects the overall operational costs which includes the Licence Appeal Tribunal - Automobile Accident Benefits Service operational costs which are fully recoverable from the insurance industry and the Criminal Injuries Compensation Board transfer payments.
By the end of the 2020-23 planning period Tribunals Ontario intends to operate within its allocation and will continue to look for additional efficiencies and best practices. Should changes to mandate or jurisdiction be introduced, Tribunals Ontario will work in collaboration with the Ministry of the Attorney General to identify any resulting resource requirements.
| Fiscal Year 2019-20 | |||
| Operating Budget | 2019-20 Budget Allocation | 2019-20 Forecast (Q3) | Variance Surplus (Pressure) |
|---|---|---|---|
| Salaries and Wages | $62,776,100 | $58,381,148 | $4,394,952 |
| Benefits | $7,760,300 | $8,173,361 | $(413,061) |
| Other Direct Operating Expense (ODOE) | |||
| Transportation & Communications | $3,304,800 | $3,596,740 | $(291,940) |
| Services | $9,820,800 | $17,668,088 | $(7,847,288) |
| Supplies & Equipment | $755,800 | $660,737 | $95,063 |
| Sub-total Operating | $84,417,800 | $88,480,074 | $(4,062,274) |
| Recoveries | $(457,300) | $(395,500) | $(61,800) |
| Total Operating | $83,960,500 | $88,084,574 | $(4,124,074) |
| Transfer Payments | 2019-20 Budget Allocation | 2019-20 Forecast (Q3) | Variance Surplus (Pressure) |
|---|---|---|---|
| Transfer Payments – CICB1 | $23,000,000 | $33,887,729 | $(10,887,729) |
[1] As of September 30, 2019, CICB received approximately 5,300 applications. The pressure may increase due to the CICB winddown.
| Revenue2 | Budget Allocation | Q3 Forecast | Q3 Actuals |
|---|---|---|---|
| Filing Fees | $16,410,600 | $15,539,800 | $10,370,175 |
| Reimbursement of Expenditure LAT-AABS | $13,575,900 | $16,042,075 | $7,558,446 |
[2] Revenues received by Tribunals Ontario for application filing fees and reimbursement of expeditures are transferred to the Consolidated Revenue Fund.
| Fiscal Years 2020/21 – 2022/23 | |||
| Operating Budget | 2020-21 Budget Allocation | 2021-22 Budget Allocation | 2022-23 Budget Allocation |
|---|---|---|---|
| Salaries and Wages | $63,322,400 | $58,796,400 | $59,164,000 |
| Benefits | $7,797,500 | $7,369,700 | $7,419,400 |
| Other Direct Operating Expense (ODOE) | |||
| Transportation & Communications | $3,262,400 | $2,914,900 | $2,915,000 |
| Services | $6,695,200 | $4,872,200 | $4,872,700 |
| Supplies & Equipment | $752,900 | $602,600 | $602,700 |
| Sub-total Operating | $81,830,400 | $74,555,800 | $74,973,800 |
| Recoveries | -$457,300 | -$457,300 | -$457,300 |
| Total Operating | $81,373,100 | $74,098,500 | $74,516,500 |
| Transfer Payments | 2020-21 Budget Allocation | 2021-22 Budget Allocation | 2022-23 Budget Allocation |
|---|---|---|---|
| Transfer Payments – CICB | $10,000,000 | $1,500,000 | $1,500,000 |
| Revenue | 2020-21 Budget Allocation | 2021-22 Budget Allocation | 2022-23 Budget Allocation |
|---|---|---|---|
| Filing Fees3 | $17,977,100 | $22,109,600 | $17,977,100 |
| Reimbursement of Expenditure LAT-AABS | $17,003,400 | $17,003,400 | $17,003,400 |
[3] Fiscal year 2021-22 includes an assessment year for the Assessment Review Board which results in additional appeals and corresponding fees.
Service excellence is a priority for Tribunals Ontario. Pursuant to the Adjudicative Tribunals Accountability, Governance and Appointments Act, every tribunal or cluster must develop, and make public, service standards.
Performance measures are designed to assess the core business of resolving disputes in an accessible, fair, efficient and timely manner. The measures set out below reflect those in place at the time Tribunals Ontario was formed in January 2019. These measures include both statutory requirements and key performance indicators as applicable to the individual boards and tribunals. Note that the measures reported here are high level; the individual boards and tribunals use a more comprehensive set of measures to manage day-to-day operations.
During the current fiscal year Tribunals Ontario will complete a review of the performance measures for its 14 boards and tribunals with a view to standardizing and aligning the objectives across the organization. The performance measures reported below will be confirmed, revised or replaced for the 2021-2022 fiscal year.
The results below are as of March 31, 2020.
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| A hearing date will be scheduled within 5 business days of receipt of a completed appeal. | 100% | 100% | 100% | 100% |
| A hearing will take place no later than 10 business days after receipt of a completed appeal. | 100% | 100% | 100% | 100% |
| A decision will be issued within 30 days of the conclusion of a hearing. | 100% | 100% | 100% | 100% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| General appeals will be resolved within 135 weeks of commencement date. | 100% | 85% | 85% | 85% |
| Summary appeals will be resolved within 40 weeks of commencement date. | 82% | 85% | 85% | 85% |
| Decisions will be issued within 60 days from the end of the hearing. | 99% | 90% | 90% | 90% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| Section 119/20 pre-hearing conferences will be scheduled within 40 calendar days after the application is deemed eligible. | 50% | 80% | 80% | 80% |
| Section 119/120 hearings will be scheduled within 60 calendar days after the application is deemed eligible. | 11% | 80% | 80% | 80% |
| Section 119/120 decisions or orders will be issued within 30 calendar days of the completion of the hearing. | 76% | 80% | 80% | 80% |
| Hearing for all other applications will be scheduled within 30 calendar days of receipt of the notice of application or determination of eligibility. | 100% | 80% | 80% | 80% |
| Decisions or Orders for all other applications will be issued within 30 calendar days after the hearing has been completed. | 100% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| Hearings will be scheduled within 11 months (330 days) of receipt of an application. | 70% | 80% | n/a | n/a |
| Orders will be issued within 45 days of the hearing with payment to follow within 30 days. | 63% | 80% | 80% | n/a |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| A review will begin with a telephone call within 24 hours of receipt of an application. | 100% | 80% | 80% | 80% |
| Recommendations will be issued within 30 calendar days of receipt of an application. | 90% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| A hearing will be scheduled to take place within 45 days of receipt of a completed appeal. | 82% | 80% | 80% | 80% |
| Decisions will be released within 60 days of the final hearing event. | 100% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| First mediation date offered within 150 days of the date parties agree to mediation. | 27% | 80% | 80% | 80% |
| First hearing date offered within 180 days of the date the application is ready to proceed to hearing. | 7% | 80% | 80% | 80% |
| Decisions for hearings which take 3 days or less will be issued within 90 days. | 76% | 80% | 80% | 80% |
| Decisions for hearings which take longer than 3 days, will be issued within 180 days. | 50% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| L1/L9 applications will be scheduled for hearing within 25 business days of receipt. | 15% | 80% | 80% | 80% |
| Decisions (Orders) for L1 and L9 applications will be issued within 4 business days at the conclusion of the final hearing. | 58% | 80% | 80% | 80% |
| All other LTB applications (excluding L5 and A4) will be scheduled for a hearing within 30 business days. | 16% | 80% | 80% | 80% |
| Decisions (Orders) for all other LTB applications (excluding L5 and A4) will be issued within 10 business days at the conclusion of the final hearing. | 71% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| A case conference will take place within 3 months of receipt of an appeal/application. | 7% | 80% | 80% | 80% |
| A hearing will take place within 3 months of a case conference. | 51% | 80% | 80% | 80% |
| A decision will be issued within 3 months of the conclusion of the hearing. | 44% | 80% | 80% | 80% |
| An appeal/application will be resolved within 9 months. | 81% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| A case conference will take place within 3 months of receipt of an application or appeal. | 92% | 80% | 80% | 80% |
| A hearing will take place within 3 months of a case conference. | 64% | 80% | 80% | 80% |
| A decision will be issued within 3 months of the conclusion of a hearing. | 33% | 80% | 80% | 80% |
| An appeal or application will be resolved within 9 months. | 59% | 80% | 80% | 80% |
| Section 54(1) Approval Requests – will be processed within 5 business days of receipt of the request. | 97% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| A hearing will be convened, and a decision issued to the applicants by their parole eligibility date. | 88% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| All appeals will be scheduled for mediation or a hearing within 120 calendar days of the response being filed. | 100% | 80% | 80% | 80% |
| Decisions will be issued within 90 calendar days. | 100% | 80% | 80% | 80% |
| Performance Measures | 2019-20 Actual | Target 2020-21 | Target 2021-22 | Target 2022-23 |
|---|---|---|---|---|
| Appeals scheduled with notice of hearing sent out no later than 30 calendar days after receipt of the appeal. | 36% | 80% | 80% | 80% |
| The hearing date will be set no more than 180 calendar days after the date of the Notice of Hearing. | 36% | 80% | 80% | 80% |
| Decisions issued within 30 calendar days after the completion of the hearing. | 66% | 80% | 80% | 80% |