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Memorandum of Understanding

between
The Attorney General of Ontario
(hereinafter called the "Minister")
and
The Executive Chair of Tribunals Ontario
(hereinafter called the "Executive Chair")

The parties to this Memorandum of Understanding agree to the following:

1. PURPOSE OF MEMORANDUM OF UNDERSTANDING

1.1

The purpose of this Memorandum of Understanding (MOU) is to set out the accountability relationships between the Minister and the Executive Chair on behalf of Tribunals Ontario. Further, it sets out the expectations for information exchange and working relationships that support the accountability and governance requirements within a framework that recognizes the independence of Tribunals Ontario and its Constituent Tribunals.

1.2

Specifically, this MOU establishes:

the accountability and governance framework between the Ministry and Tribunals Ontario;
the roles and responsibilities of the Minister, the Executive Chair, Tribunals Ontario, the Deputy Minister and the Executive Director of Tribunals Ontario;
the expectations for the operational, administrative, financial, auditing and reporting arrangements between Tribunals Ontario and the Ministry.

1.3

Tribunals Ontario is responsible for the statutory mandate of its Constituent Tribunals, for adjudicative decisions, resolution of disputes and case management within the statutory mandate of its Constituent Tribunals, and for Tribunal Ontario’s ongoing administration. The Minister is accountable to the Legislature for the effective operation of Tribunals Ontario. This MOU sets out mechanisms to ensure that the Minister and Tribunals Ontario each have the information they need to fulfill their responsibilities and that Tribunals Ontario fulfills its assigned mandate in an efficient, effective and responsible manner.

1.4

A signed copy of the MOU is to be provided to Treasury Board Secretariat.

1.5

The MOU should be read together with the legislation governing Tribunals Ontario and its Constituent Tribunals. The MOU does not supersede the provisions of any legislation governing Tribunals Ontario or its Constituent Tribunals, nor is it intended to interfere with the independence of Tribunals Ontario or of its Appointees in rendering adjudicative decisions or in resolving disputes, consistent with the legislation, common law and principles of natural justice. The MOU does not affect, modify, limit or interfere with any of the responsibilities of the Minister or Tribunals Ontario or its Appointees as established by law. In the event of a conflict between the MOU and any act or regulation, the act or regulation prevails.

2. DEFINITIONS

In this MOU:

"AAD" means the Treasury Board/Management Board of Cabinet Agencies & Appointments Directive, as amended from time to time;
"Accountability and Governance Documents" mean the documents, frameworks and reports required under the ATAGAA and the AAD;
"ADAG" means the Assistant Deputy Attorney General of Policy Division, the division responsible for agencies and tribunals within the Ministry of the Attorney General;
"Alternate Executive Chair" means the Associate Chair appointed within Tribunals Ontario as Alternate Executive Chair;
"Annual Report" means the annual report described under article 9.2 of this MOU;
"AODA" means the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11;
"Applicable Government Directives" means the government directives, policies, standards and guidelines that apply to Tribunals Ontario and its Constituent Tribunals, as may be amended or replaced from time to time, which are listed in Schedule 3 to this MOU;
"Appointee" means the Executive Chair or Alternate Executive Chair of Tribunals Ontario, or an Associate Chair, Vice-Chair, or members of Tribunals Ontario’s Constituent Tribunals appointed by the Lieutenant Governor in Council, but does not mean persons employed or appointed by Tribunals Ontario or its Constituent Tribunals pursuant to Part III of the Public Service of Ontario Act, 2006, c. 35, Sch. A;
"Associate Chairs" means the Associate Chairs appointed to Constituent Tribunals within Tribunals Ontario;
"ATAGAA" means the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, S.O. 2009, c. 13, sch. 5;
“Auditor General” means the Auditor appointed under section 2 of the Auditor General Act, R.S.O. 1990, c. A.35;
"Business Plan" means the business plan referred to in article 9.1 of this MOU;
“Constituent Tribunals" means the tribunals designated by the Lieutenant Governor in Council as a tribunal cluster under Ontario Regulation 126/10 (Adjudicative Tribunals and Clusters) made under the ATAGAA, currently consisting of: the Animal Care Review Board, the Assessment Review Board, the Child and Family Services Review Board, the Custody Review Board, the Fire Safety Commission, the Human Rights Tribunal of Ontario, the Landlord and Tenant Board, the Licence Appeal Tribunal, , the Ontario Civilian Police Commission, the Ontario Parole Board, the Ontario Special Education Tribunal (English), Ontario Special Education Tribunal (French) and the Social Benefits Tribunal;
"Deputy Minister" means the Deputy Attorney General or his/her designate (i.e., the ADAG of the division responsible for agencies and tribunals within the Ministry of the Attorney General);
“Executive Chair" means the Executive Chair of Tribunals Ontario;
“Executive Director” means the Executive Director of Tribunals Ontario;
“FIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31;
“Fiscal Year" means the period from April 1 to March 31 of the following year;
“Government" means the Government of Ontario;
"Management Principles" mean accepted business and financial standards and procedures, and accepted standards of ethical behaviour, accountability, excellence in management, and quality service, and includes an adherence to the policies, procedures, guidelines and applicable government directives;
"MBC" means Management Board of Cabinet;
“Member” means an Appointee of one or more of Tribunal Ontario’s Constituent Tribunals by the Lieutenant Governor in Council, who is not an Associate Chair or Vice-Chair;
"Minister" means the Attorney General of Ontario;
"Ministry" means the Ministry of the Attorney General;
"MOF" means the Ministry of Finance;
"MOU" means this Memorandum of Understanding signed by the Minister and the Executive Chair, including its Schedules and any written amendments;
"Performance Measures” means measures established by Tribunals Ontario in order to ensure the accountability of its Constituent Tribunals in serving tribunal users and fulfilling their mandates;
"PSOA" means the Public Service of Ontario Act, 2006, S.O. 2006, c.35, Schedule A;
"Schedules" means the schedules attached to this MOU;
"TB" means Treasury Board;
"Tribunals Ontario" means Tribunals Ontario, the cluster of tribunals designated under the ATAGAA, now composed of the Animal Care Review Board, the Assessment Review Board, the Child and Family Services Review Board, the Custody Review Board, the Fire Safety Commission, the Human Rights Tribunal of Ontario, the Landlord and Tenant Board, the Licence Appeal Tribunal, the Ontario Civilian Police Commission, the Ontario Parole Board, the Ontario Special Education Tribunal (English), Ontario Special Education Tribunal (French) and the Social Benefits Tribunal, and when used in this MOU, includes each of the Constituent Tribunals;
“Tribunal” has the same meaning as Constituent Tribunal above;
“Vice-Chairs” means the Vice-Chairs appointed to Constituent Tribunals within Tribunals Ontario.

3. TRIBUNALS ONTARIO’S LEGISLATIVE AUTHORITY AND MANDATE

3.1

Tribunals Ontario is a cluster of 13 tribunals designated under Ontario Regulation 126/10 under the ATAGAA. Its Constituent Tribunals hold hearings and other proceedings to resolve matters referred to them. While Tribunals Ontario reports to the Minister for administrative purposes, Tribunals Ontario and its Constituent Tribunals are independent in all matters affecting their adjudication and resolution of disputes, in the assessment and management of Appointees, and in their relationships, dealings and communications with tribunal users and persons affected by their services.

3.2

The specific mandates of Tribunal Ontario’s Constituent Tribunals are as follows:

The Animal Care Review Board adjudicates applications related to the care, treatment and removal of animals;
The Assessment Review Board hears property assessment appeals to ensure that properties are assessed and classified in accordance with the provisions of the Assessment Act. The Assessment Review Board also operates under a variety of other legislation and hears appeals on property tax matters;
The Child and Family Services Review Board adjudicates applications related to children, youth and family services, including education, in the best interests of the child;
The Custody Review Board reviews applications regarding the placement, transfer and level of custody for youth who are being held in detention or custody;
The Fire Safety Commission adjudicates applications and resolves disputes regarding inspections, orders and decisions for repairs, alterations or installations to be made to a building, structure or premises made by inspectors and the Fire Marshall;
The Human Rights Tribunal of Ontario resolves applications of discrimination brought under the Human Rights Code by assisting the parties to resolve applications through mediation, or decides those applications where the parties are unable to resolve them through settlement;
The Landlord and Tenant Board resolves disputes between landlords and tenants and gives information to landlords and tenants about their rights and obligations;
The Licence Appeal Tribunal adjudicates disputes between individuals and insurance companies over motor vehicle-related accident benefits as well as licensing disputes; hears applications and resolves disputes concerning compensation claims and licensing activities regulated by several ministries of the provincial government, including those activities that have been delegated to designated administrative authorities under the Safety and Consumer Statutes Administration Act, 1996;
The Ontario Civilian Police Commission adjudicates applications, conducts investigations and resolves disputes regarding the oversight and provision of policing services;
The Ontario Parole Board considers applications for supervised conditional release and parole of adult offenders sentenced to Ontario provincial correctional institutions;
The Ontario Special Education Tribunals (English and French) resolve applications for appeal hearings respecting the identification and placement of exceptional pupils; and
The Social Benefits Tribunal hears appeals regarding social assistance benefits and the refusal to grant a benefit, the suspension or cancellation of a benefit, the reduction of a benefit or the amount of a benefit.

The specific legislative authority for Tribunal Ontario’s Constituent Tribunals, as well as other statutes under which the Constituent Tribunals exercise power and are granted authority, are set out int Schedule 5 to this MOU.

4. STATUS AND CLASSIFICATION

4.1

Each of Tribunals Ontario’s Constituent Tribunals is designated as an adjudicative tribunal pursuant to Ontario Regulation 126/10 under the ATAGAA and a non-board governed provincial agency under the AAD.

4.2

Each of Tribunals Ontario’s Constituent Tribunals is prescribed as a “public body” and a “commission public body” in accordance with Ontario Regulation 146/10 under the PSOA. They are not organizationally part of the Ministry but are considered to be within government.

4.3

Neither Tribunals Ontario nor its Constituent Tribunals are a Crown Agency within the meaning of the Crown Agency Act, R.S.O. 1990, c. C.48.

5. GUIDING PRINCIPLES

The parties agree that they will adhere to the following principles in their relationship:

The Minister recognizes that Tribunals Ontario’s Constituent Tribunals exercise powers and perform duties in accordance with their legal mandates. Tribunals Ontario and its Constituent Tribunals are independent of the Minister and of government in all matters affecting adjudication and the resolution of disputes that come before them, in the assessment and management of adjudicators and in their relationships, dealings and communications with tribunal users and persons affected by their services. The Minister further recognizes the need for the adjudicative decisions of Constituent Tribunals to be made, and be seen by the public to be made, independently and impartially.
The Minister acknowledges that Tribunals Ontario plays an important and meaningful role in the delivery, interpretation and application of government programs and policies, and should be consulted, as the Minister in his or her discretion determines necessary, on the development or proposed amendments to those policies and programs where they may affect the mandate of Tribunals Ontario’s Constituent Tribunals, as well as with respect to proposed changes to the mandates of the Constituent Tribunals.
The Executive Chair acknowledges that he or she is accountable, through the Minister, to the Legislative Assembly in fulfilling the mandates of the Constituent Tribunals. The Executive Chair will ensure that the Alternate Executive Chair, Associate Chairs, Vice-Chairs, Members and the Executive Director are informed of this accountability obligation.
Tribunals Ontario will conduct itself according to the Accountability and Governance Documents developed under the ATAGAA, the AAD and the Management Principles of the Government. These principles include a commitment to ethical behaviour; prudent, effective and lawful use of public resources; fairness; high quality service to the public; openness and transparency to the extent allowed under the law; and embracing diversity, inclusion and anti-racism principles.
Tribunals Ontario and the Ministry agree to avoid duplication of services wherever possible, subject to ensuring Tribunals Ontario’s independence.
The Minister and the Executive Chair are committed to strong agencies that are empowered to fulfill their statutory mandates efficiently and effectively. Tribunals Ontario and the Ministry agree to a mutual commitment to shared public service goals and agree to co-operation and co-ordination in achieving those goals and in facilitating the efficient administration of Tribunals Ontario and fulfillment of its statutory responsibilities, provided that the mandate and adjudicative independence of Tribunals Ontario and its Constituent Tribunals are fully respected.
The Minister and the Executive Chair recognize the importance of providing access to administrative justice for all Ontarians including Francophone Ontarians and to providing French language services in accordance with the French Language Services Act, R.S.O. 1990, c. F.32. The Minister and the Executive Chair are committed to the provision of quality services in French at each of the Constituent Tribunals which meet the needs of the Francophone Ontarians served by the Constituent Tribunals and to ensuring that French language services are easily accessible, publicized and of equivalent quality to services offered in English.
The Ministry agrees to support Tribunals Ontario in achieving its goals of a diverse and inclusive organization and service provider.
Tribunals Ontario and the Ministry will work together in a mutually respectful manner.

6. ACCOUNTABILITY RELATIONSHIPS

6.1

The Minister
The Minister is accountable:

To Cabinet and the Legislative Assembly for Tribunal Ontario’s fulfilment of the mandates of its Constituent Tribunals, their compliance with the AODA, the ATAGAA and government policies and, for these purposes, for reporting and responding to the Legislative Assembly on the affairs of Tribunals Ontario and its Constituent Tribunals.
For reporting and responding to TB/MBC on the performance of the Constituent Tribunals and their compliance with applicable government directives and operational policies.
To Cabinet for the performance of Tribunals Ontario and its Constituent Tribunals and its compliance with the government’s operational policies and broad policy directions.

6.2

The Executive Chair

The Executive Chair is accountable to the Minister for the performance of Tribunals Ontario and its Constituent Tribunals in fulfilling their mandates and for carrying out the roles and responsibilities assigned to the Executive Chair under the constituting statutes of Tribunals Ontario’s Constituent Tribunals, the PSOA, the ATAGAA, this MOU, and applicable TB/MBC, MOF and Applicable Government Directives and delegation documents.
The Executive Chair is accountable for reporting to the Minister, as requested, on the activities of Tribunals Ontario and its Constituent Tribunals.
The Executive Chair is accountable for ensuring timely communications with the Minister or Deputy Minister (or his or her delegate) regarding any issue that affects, or can reasonably be expected to affect, the Minister’s responsibilities.
Appointees to Tribunals Ontario’s Constituent Tribunals report, and are accountable, to the Executive Chair for their performance.

6.3

Deputy Minister

The Deputy Minister is accountable to the Secretary of the Cabinet and the Minister for the performance of the Ministry in providing administrative support to Tribunals Ontario and for carrying out the roles and responsibilities assigned by the Minister, the ATAGAA, the AODA, the PSOA, applicable TB/MBC and Applicable Government Directives and this MOU.
The Deputy Minister is accountable for attesting to TB/MBC on Tribunals Ontario’s compliance with Applicable Government Directives.

6.4

Executive Director

The Executive Director is accountable to the Executive Chair to develop and implement policies and make operational decisions that are aligned with the broad strategic directions for Tribunals Ontario and to report regularly on the performance of Tribunals Ontario’s Constituent Tribunals to the Executive Chair.
The Executive Director is accountable to the Deputy Minister for the management of Tribunals Ontario’s operations and the management and supervision of Tribunals Ontario’s staff, as delegated to him/her by the Deputy Minister under the Human Resources Management Delegation of Authority Directive pursuant to sections 44(2) and (6) of the PSOA and the relevant collective agreements. The Executive Director reports administratively to the ADAG for the division responsible for agencies and tribunals within the Ministry.
Tribunals Ontario’s staff report to, and are accountable to, the Executive Director for their performance.

7. ROLES AND RESPONSIBILITIES

7.1

Role of the Minister
The Minister is responsible for:

Reporting and responding to the Legislative Assembly on the affairs of Tribunals Ontario.
Reporting and responding to the TB/MBC and Cabinet on the performance of Tribunals Ontario and its Constituent Tribunals and their compliance with the Accountability and Governance Documents, Applicable Government Directives, government’s operational policies and broad policy directions.
Recommending to TB/MBC, where required, the merger, any change to the mandate, or dissolution of any of Tribunal Ontario’s Constituent Tribunals.
Recommending to TB/MBC the powers to be given to, or revoked from, Tribunals Ontario and/or its Constituent Tribunals when a change in the mandate of a Constituent Tribunal is being proposed.
Meeting with the Executive Chair to discuss issues relating to the fulfillment of the mandates of Tribunal Ontario’s Constituent Tribunals and to ensure compliance with the Accountability and Governance Documents and Management Principles.
Working with the Executive Chair to develop appropriate measures and mechanisms related to the performance of Tribunals Ontario and its Constituent Tribunals.
Reviewing the advice or recommendation of the Executive Chair on candidates for appointment or re-appointment to the Constituent Tribunals.
Recommending appointments and reappointments to Cabinet and the Lieutenant Governor in Council pursuant to the process for appointments to adjudicative tribunals established by the ATAGAA, after consultation with, and after receiving the recommendation of, the Executive Chair.
Recommending to TB/MBC any provincial funding to be allocated to Tribunals Ontario for its operations and the fulfilment of the mandates of its Constituent Tribunals.
Reviewing and approving in-year submissions to TB/MBC in relation to expenditure increases, re-allocation of funding, report backs, and other issues, as required.
Directing that a periodic review of Tribunals Ontario’s Constituent Tribunals be conducted as necessary, and at least every six years in accordance with the ATAGAA and the AAD, and making subsequent recommendations to TB/MBC as may be required after such reviews are completed.
When appropriate or necessary, taking action or directing that Tribunals Ontario take corrective action with respect to Tribunals Ontario’s administration or operations, provided that Tribunals Ontario’s mandate and adjudicative independence are fully respected.
Reviewing and approving Tribunals Ontario’s Accountability and Governance Documents, other than its Ethics Plan, and periodically reviewing them.
With respect to the Tribunal Ontario’s annual report, reviewing and approving the report within 60 calendar days of receiving it; tabling the annual report within 30 calendar days of approving it; and ensuring that the annual report is made available to the public after it is tabled.
Consulting, as the Minister in his or her discretion determines necessary, with the Executive Chair on significant new directions or when the government is considering regulatory or legislative changes for the Constituent Tribunals, that may significantly impact the Constituent Tribunals.
Keeping the Executive Chair informed, as the Minister in his or her discretion determines necessary, of the government’s priorities and broad policy directions that may relate to Tribunals Ontario and its Constituent Tribunals.
Determining at any time the need for a review or audit of Tribunals Ontario or its Constituent Tribunals, directing the Executive Chair to undertake reviews, and recommending to TB/MBC any changes to the governance or administration of Tribunals Ontario or its Constituent Tribunals resulting from any such review or audit.
Evaluating the Executive Chair’s performance in light of the Accountability and Governance Documents, including the approved Business Plan.
Developing Tribunals Ontario’s MOU with the Executive Chair, as well as any amendments to it, and signing it into effect after it has been signed by the Executive Chair.

7.2

Role of the Executive Chair
The Executive Chair is responsible for:

Keeping the Minister informed of issues or events, and ensuring that matters relating to Tribunals Ontario which, in the opinion of the Executive Chair or of the Minister, are of importance to the Ministry or can reasonably be expected to concern the Minister in the exercise of his or her responsibilities relating to Tribunals Ontario and its Constituent Tribunals, are brought to the attention of the Minister and/or the Deputy Minister in a timely fashion.
Providing leadership to Tribunals Ontario and improving the effectiveness and efficiency with which its Constituent Tribunals deal with the matters before them.
Setting the goals, objectives, processes and strategic directions for Tribunals Ontario in light of the mandates of the Constituent Tribunals.
Directing and monitoring the affairs of the Constituent Tribunals within their mandates as defined by the constituting statutes as set out at article 3.2 and Schedule 5 of this MOU, and in accordance with applicable Accountability and Governance Documents including the adjudicative and case management functions of the Constituent Tribunals, and the development of policies for the management of the Constituent Tribunals.
Reviewing and approving claims for per diems and travel expenses for Associate Chairs and ensuring such review and approval for all other Appointees is being completed by the appropriate Associate Chair.
Ensuring the implementation of actions that support the goals, objectives and strategic direction of Tribunals Ontario, and otherwise directing the affairs of Tribunals Ontario so as to fulfill the legislative mandates of its Constituent Tribunals.
Seeking strategic policy direction for Tribunals Ontario from the Minister, as appropriate.
Consulting with the Minister in advance regarding any activity which may have an impact on the government and Ministry’s policies, directives or procedures, or on the mandates or powers of the Constituent Tribunals or responsibilities of Tribunals Ontario as set out in the ATAGAA.
Ensuring the development of the required Accountability and Governance Documents, including an effective performance measurement and management system for assessing the Constituent Tribunals’ performance and for evaluating the performance of Associate Chairs, Vice-Chairs and Members and conducting such evaluations.
Identifying the required skills, experience and capacity required for Appointees to ensure the Constituent Tribunals of Tribunals Ontario meet their mandates.
Where no Associate Chair is currently designated as Alternate Executive Chair, recommending to the Minister that one be designated as such and notifying the Minister of the recommended candidate in a timely fashion.
Notifying the Minister, in a timely fashion, of the need for appointments, reappointments and/or cross appointments of tribunal Appointees, including keeping the Minister apprised of pending term expirations no later than six months prior to expiration of said term(s), as well as informing the Minister at the earliest opportunity of any notices of resignation or retirement submitted by Appointees. The Executive Chair is also responsible for working with the Ministry to oversee the recruitment of Appointees, and providing timely recommendations to the Minister on appointments and reappointments, as applicable, pursuant to the process for appointments to adjudicative tribunals established by the ATAGAA and by MBC through the AAD, and that respect and promote the principles of equity, diversity, quality, merit and regional representation.
Developing and implementing standards and processes for peer reviews of adjudicative decisions.
Cooperating with the Ministry on recruitment efforts to enhance and reflect the diversity of Ontario's population amongst Appointees. Diversity involves, but is not limited to, languages spoken, gender, age, geography, racial and cultural groups, ethnic and religious grounds, sexual orientation, persons with disabilities, and Indigenous Peoples. This could include: encouraging a diverse applicant pool by ensuring that individuals from a variety of backgrounds are made aware of current vacancies; utilizing a clear, transparent approach in application assessments and interview processes to promote fairness; and evaluating results by assessing the success of initiatives aimed at promoting diversity in the appointments process.
Reporting to the Minister as requested on the activities of Tribunals Ontario and its Constituent Tribunals within agreed upon timelines.
Preparing Tribunals Ontario’s Annual Report for submission to the Minister within 90 calendar days after Tribunals Ontario’s fiscal year-end.
Making decisions consistent with the Business Plan approved for Tribunals Ontario.
Ensuring that public funds are used for the purpose intended and with integrity and honesty, and that Tribunals Ontario complies with the Management Principles and operates within its approved funding allocation in the fulfillment of the mandates of the Constituent Tribunals.
Working with the Ministry on the development of Tribunals Ontario’s MOU with the Minister and signing it on behalf of Tribunals Ontario.
Reviewing and approving Tribunals Ontario’s Business Plan, budget, Annual Report and financial reports, and submitting them to the Minister in accordance with the timelines specified in the applicable TB/MBC and MOF directives and this MOU.
Reviewing and approving, on an annual basis, Tribunals Ontario’s diversity and inclusion strategy, including reporting obligations.
Providing the Minister, the Minister of Finance and the President of Treasury Board with a copy of every audit report, a copy of Tribunals Ontario’s response to each report and any recommendations in the report.
Advising the Minister annually on any outstanding audit recommendations.
Ensuring that Appointees are informed of their responsibilities under the PSOA with regard to the rules of ethical conduct and the political activity rules.
Recording any declared or apparent conflicts of interest for Appointees and advising the Integrity Commissioner as appropriate.
Providing strategic guidance and input to the Executive Director, so that appropriate management systems are in place (financial, information technology, human resources, records management) for the effective administration of Tribunals Ontario.
Working with the Ministry and the Executive Director, as needed, to provide strategic guidance and input to the Executive Director on the development of business requirements for, and implementation of, any approved new case management system and dispute resolution tools.
Consulting with the Executive Director early, and as necessary, on recommended approaches to implement the legislative mandates of the Constituent Tribunals.
Working with the Executive Director to ensure that corrective action is taken relating to Tribunals Ontario’s operations or the operations of its Constituent Tribunals, if needed.
Ensuring that an appropriate framework is in place for Appointees to receive adequate orientation and training with respect to the business and operations of Tribunals Ontario and their particular responsibilities, including training on diversity, inclusion and current environmental influences, to better serve the people of Ontario.
Making sure that Appointees are aware of and comply with applicable TB/MBC and government directives, and all applicable legislation.
Ensuring that a process for responding to and resolving complaints from the public is in place.
Carrying out effective public communications and stakeholder relations for Tribunals Ontario as its chief spokesperson.
Cooperating with any review of Tribunals Ontario directed by the Minister, TB/MBC or the Auditor General.
Consulting with the Deputy Minister or his or her delegate on the annual performance evaluation of the Executive Director.
Ensuring that the responsibilities for the institution head are carried out as set out in Regulation 460 for the purposes of the FIPPA.
Fulfilling the role of ethics executive for Appointees, promoting ethical conduct and ensuring that all Appointees are familiar with the ethical requirements of the PSOA, and the regulations and the directives made under that Act, including in respect of conflict of interest, political activity and the protected disclosure of wrongdoing.

7.3

Role of the Deputy Minister
The Deputy Minister is responsible for:

Advising and assisting the Minister regarding the Minister's responsibility with respect to Tribunals Ontario, including informing the Minister of policy direction, legislation, policies and priorities of relevance to the mandates of the Constituent Tribunals, and advising the Minister on the requirements of the AAD and other directives that apply to Tribunals Ontario.
Advising the Minister on the operation of Tribunals Ontario and its Constituent Tribunals or any changes to their structures or roles.
Recommending to the Minister, as may be necessary, the evaluation or review, including a risk-based review, of Tribunals Ontario or its Constituent Tribunals or changes to the management framework or operations of Tribunals Ontario.
Monitoring Tribunals Ontario and its Constituent Tribunals, on behalf of the Minister, while respecting adjudicative independence and authority, identifying needs for corrective action where warranted, and recommending to the Minister ways to resolve any issues that are identified or might arise from time to time.
Facilitating regular briefings and consultations between the Executive Chair and the Minister.
Attesting to TB/MBC on Tribunals Ontario’s compliance with the mandatory accountability requirements set out in the AAD and other Applicable Government Directives and policy directions based on the annual letter of compliance from the Executive Chair to the Minister.
Ensuring that the Ministry and Tribunals Ontario have the capacity and systems in place for on-going risk-based management, including appropriate oversight of Tribunals Ontario and its Constituent Tribunals.
Ensuring that Tribunals Ontario has an appropriate risk management framework and a risk management plan in place for managing risks that Tribunals Ontario may encounter in meeting its program or service delivery objectives.
Undertaking timely risk-based reviews of Tribunals Ontario, its management or operations, as may be directed by the Minister or TB/MBC.
Establishing a framework for reviewing and assessing Tribunals Ontario’s Business Plan and other reports provided to the Ministry.
Supporting the Minister in reviewing the performance targets, measures and results of Tribunals Ontario.
Advising the Minister on documents submitted by Tribunals Ontario to the Minister for review or approval, or both.
Submitting to the Minister, as part of the annual planning process, a risk assessment and management plan for each risk category.
Cooperating with any review of Tribunals Ontario as directed by the Minister, TB/MBC or the Ontario Auditor General.
Negotiating a draft MOU with the Executive Chair of Tribunals Ontario, as well as any amendments to the MOU, as directed by the Minister.
Consulting with the Executive Chair, as needed, on matters of mutual importance, including services provided by the Ministry and compliance with Applicable Government Directives and Ministry policies.
Meeting with the Executive Chair as needed or as directed by the Minister, or on the request of the Executive Chair, including to discuss matters of mutual importance to Tribunals Ontario and the Ministry, such as the services provided by the Ministry to Tribunals Ontario and the implementation of central agency and/or Ministry administrative policies.
Informing the Executive Chair and Executive Director, in writing, of new government directives and any exceptions to, or exemptions in whole or in part from Applicable Government Directives, government policies, or Ministry administrative policies.
When required, submitting a report to the Secretary of TB/MBC on the wind-down of Tribunals Ontario or any of its Constituent Tribunals, following the disposition of any assets, completion of any outstanding responsibilities by Tribunals Ontario or any of its Constituent Tribunals, and the termination of any appointments.
Ensuring that the Ministry provides Tribunals Ontario with administrative, financial and other support as set out in this MOU and its attached Schedules, and in that regard will meet regularly with the Executive Chair to review whether such support is meeting the needs of Tribunals Ontario.
Informing Tribunals Ontario of the financial and administrative, human resources, corporate and other policies of the Ministry and government that apply to Tribunals Ontario, including those in respect of the AODA, French language services, freedom of information, privacy, quality service, workplace harassment and equal opportunities.
Ensuring that Tribunals Ontario incorporates diversity, inclusion and anti-racism principles into its Business Plan to promote an open and accessible adjudicative justice system.
Ensuring that the Executive Director’s annual performance management plan reflects his or her reporting obligations to the Executive Chair and to the Deputy Minister, and the standards to be met in carrying out those responsibilities and obligations.
Consulting with the Executive Chair on the Executive Director’s annual performance evaluation.

The Deputy Minister may delegate one or more of his or her responsibilities listed above to the ADAG, subject to the government’s Delegation of Authority Key Directive and any applicable TB/MBC rules with respect to delegation or sub-delegation

7.4

Role of the Executive Director
The Executive Director is responsible for:

Supporting the Executive Chair in meeting his or her responsibilities, including compliance with applicable legislation, directives, policies, procedures and guidelines.
Meeting with the Executive Chair, at the request of the Executive Chair, to discuss matters of importance to Tribunals Ontario and the Ministry and ensuring, to the extent possible, that Tribunals Ontario has the administrative, financial, human resources, communications and other support to enable Tribunals Ontario to fulfill its mandate under this MOU, its Business Plan and all applicable legislation.
Leading and managing the day-to-day financial, analytical, operational and administrative affairs of Tribunals Ontario in accordance with the mandates of Tribunal Ontario’s Constituent Tribunals, TB/MBC and government directives, accepted business and financial practices, the Management Principles and this MOU.
Advising the Executive Chair on the requirements of, and Tribunals Ontario’s compliance with, the AAD, as well as other Applicable Government Directives and Tribunals Ontario policies, including annually attesting to the Executive Chair on Tribunals Ontario’s compliance with mandatory requirements.
Working with the Ministry as needed to fulfill the requirements of the annual certificate of assurance, including attesting to Tribunal Ontario’s compliance with all applicable legislation, Applicable Government Directives and accounting and financial policies.
Exercising authority delegated by the Deputy Minister under the Delegation of Financial Management Authority and ensuring that public funds are used with integrity and honesty and that Tribunals Ontario complies with the Management Principles and operates within its approved funding allocation in the fulfillment of its mandates.
Exercising authority delegated by the Deputy Minister and the Public Service Commission under the Human Resources Delegation of Authority and providing leadership and management to Tribunals Ontario staff, including human and financial resources management, in accordance with the approved Business Plan, accepted business and financial practices and standards, the constituting statutes of the Constituent Tribunals and Applicable Government Directives.
Working with the Executive Chair, as well as the Ministry where appropriate, to ensure that corrective action be taken relating to Tribunals Ontario’s operations or the operations of its Constituent Tribunals, if needed.
Recruiting, supervising and assigning work to staff at Tribunals Ontario, and ensuring that an appropriate framework is in place for staff to receive adequate orientation and training with respect to the business and operations of Tribunals Ontario and any relevant Constituent Tribunal and their particular responsibilities, including training on diversity, inclusion and current environmental influences, to better serve the people of Ontario.
Making sure that Tribunals Ontario staff are aware of and comply with applicable TB/MBC and government directives, and all applicable legislation.
Preparing Tribunals Ontario’s annual Business Plan to be approved by the Executive Chair prior to submission to the Minister.
Assisting in the preparation of Tribunals Ontario’s Annual Report as directed by the Executive Chair.
Preparing financial reports for Tribunals Ontario and its Constituent Tribunals.
Establishing and applying financial management frameworks for Tribunals Ontario in accordance with applicable MOF/Treasury Board controllership directives, policies and guidelines.
Translating the goals, objectives and strategic directions of the Executive Chair into operational plans and activities in accordance with Tribunals Ontario’s approved Business Plan, policies, and operational best practices.
Ensuring that Tribunals Ontario has the oversight capacity and an effective oversight framework in place for monitoring its management and operations.
Consulting with the Executive Chair and/or the Deputy Minister, as needed, on matters of importance to Tribunals Ontario and the Ministry, including support services provided by the Ministry to Tribunals Ontario, and on TB/MBC and government directives and Ministry policies.
Keeping the Executive Chair and the Deputy Minister informed with respect to the operations of Tribunals Ontario and its Constituent Tribunals.
Consulting with the Executive Chair early and as necessary on recommended approaches to implementing the strategic goals of the organization.
Establishing systems to ensure that Tribunals Ontario operates within its approved Business Plan and budget.
Ensuring that Tribunals Ontario has an appropriate risk management framework and risk management plan in place.
Carrying out in-year monitoring of Tribunals Ontario’s performance and reporting on the results to the Executive Chair.
Maintaining effective communications with the Deputy Minister and the senior management of the Ministry, keeping the Ministry and the Executive Chair advised on issues or events that may concern the Minister, the Deputy Minister and the Executive Chair in the exercise of their responsibilities, and seeking, as appropriate, advice and support on administrative or management matters of mutual importance from the Ministry.
Seeking support and advice from the Ministry, as appropriate, on management issues.
Establishing a system for the retention of Tribunals Ontario documents and for making such documents publicly available when appropriate, and for complying with the FIPPA and the Archives and Recordkeeping Act, where applicable.
Undertaking timely risk-based reviews of Tribunals Ontario’s management and operations.
In conjunction with the Executive Chair, consulting with the Deputy Minister on any affairs of Tribunals Ontario that may affect the Ministry’s provision of services under this MOU, and on Applicable Government Directives.
Cooperating with any review of Tribunals Ontario or its Constituent Tribunals directed by the Minister or TB/MBC.
Recruiting, training and supervising staff in support of Tribunals Ontario’s functions.
Coordinating with the Ministry, preparing and implementing a performance review system for staff.
Ensuring Tribunals Ontario staff are aware of and comply with the accountability and governance framework established by the ATAGAA, all approved Accountability and Governance Documents, and Applicable Government Directives.
Fulfilling the role of ethics executive for Tribunals Ontario staff. Promoting ethical conduct and ensuring that Tribunals Ontario staff are informed of their responsibilities under the PSOA, including with respect to conflicts of interest, ethical conduct, political activity, and the protected disclosure of wrongdoing.
Recording any declared or apparent conflicts of interest and advising the Integrity Commissioner, as appropriate.
Carrying out such responsibilities as may be delegated to him or her by the Deputy Minister or assigned by the Executive Chair under the terms of the Executive Director’s performance management plan or as assigned to him or her under any applicable legislation or regulation.
Reviewing and approving on an annual basis Tribunals Ontario’s diversity and inclusion strategy including reporting obligations.
Identifying the skills, experience and capacity of staff appointed under Part III of the PSOA required for Tribunals Ontario and its Constituent Tribunals to meet the mandates of the Tribunals, and notifying the Executive Chair and the Deputy Minister of such requirements.

8. ETHICAL FRAMEWORK

The Executive Chair is the Ethics Executive for Appointees for the purposes of PSOA and is responsible for ensuring that they are informed of the ethical rules to which they are subject, including the rules on conflict of interest, political activities and protected disclosure of wrongdoing that apply.
The Executive Chair will ensure that an ethics plan is developed for Tribunals Ontario, and that the ethics plan be approved by the Integrity Commissioner.
Appointees shall not use any information gained as a result of their appointment to or membership on the agency for personal gain or benefit. An Appointee who has reasonable grounds to believe that he or she has a conflict of interest shall disclose the nature of the conflict to the Executive Chair at the first opportunity and shall refrain from further participation in the consideration of the matter.
The Executive Director is designated as the Ethics Executive for all public servants of Tribunals Ontario and its Constituent Tribunals who are not Appointees for the purposes of the PSOA and is responsible for ensuring that they are informed of the conflict of interest rules, including the rules on political activities that govern public servants.
The Executive Director is the designated senior position for Tribunals Ontario in accordance with section 14 of Ontario Regulation 381/07 under the PSOA.

9. REPORTING REQUIREMENTS

9.1

Business Plan

The Executive Chair will ensure that the Minister is provided annually with Tribunals Ontario’s Business Plan covering a minimum of three years from the upcoming fiscal year, including a financial budget, for review and approval within set a timeline that permits review and comment.
The Executive Chair will ensure that Tribunals Ontario’s Business Plan is in accordance with the requirements set out in the Accountability and Governance Documents.
The annual Business Plan is to be submitted to the Ministry no later than three months before the start of Tribunals Ontario’s fiscal year.
The Executive Chair will ensure that Tribunals Ontario’s Business Plan includes a system of performance measurement and reporting on the achievement of the objectives set out in the Business Plan. The system must include performance goals, how they will be achieved, and targeted results and timeframes.
The Deputy Minister will assist Tribunals Ontario in the development and implementation of its system of performance measurement as needed, including Performance Measures and targets related to the diversity and inclusion strategy.
The Executive Chair will ensure that the Business Plan includes a risk assessment and risk management plan to assist the Ministry in developing its risk assessment and risk management plan in accordance with the requirements of the AAD to assess risks, develop and maintain necessary records, and report to TB/MBC.
The Executive Chair will ensure that any Business Plan to be publicly posted does not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information and information that would otherwise pose a risk to the security of the facilities and/or operations of Tribunals Ontario.
The Minister will review Tribunals Ontario’s Business Plan and the Ministry will promptly advise the Executive Chair whether or not the Minister concurs with the directions proposed by Tribunals Ontario. The Ministry may advise the Executive Chair where and in what manner Tribunals Ontario’s plan varies from government or Ministry administrative policy or priorities as may be required, and the Executive Chair will revise Tribunals Ontario’s Business Plan accordingly unless issues of adjudicative independence are involved.
In addition, TB/MBC may require the Minister to submit Tribunals Ontario’s Business Plan to TB/MBC for review at any time.
The Executive Chair, through the Executive Director, will ensure that Tribunal Ontario’s Business Plan is made available to the public in an accessible format, in both official languages, on Tribunals Ontario’s website within 30 days of Minister’s approval of the plan.

9.2

Annual Report

The Executive Chair is responsible for ensuring that Tribunals Ontario’s Annual Report is prepared and submitted to the Minister within 90 days after Tribunals Ontario’s fiscal year end. The Annual Report shall be in accordance with the requirements set out in the AAD and ATAGAA.
The Executive Chair, through the Executive Director, will ensure that the annual report is prepared in the format specified in the AAD.
The Executive Chair will ensure that Tribunals Ontario’s Annual Report to be publicly posted does not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information and information that would otherwise pose a risk to the security of the facilities and/or operations of Tribunals Ontario.
The Minister will receive and review Tribunals Ontario’s Annual Report to confirm compliance with AAD requirements and will approve the report within 60 calendar days after the day of receipt.
The Minister will, within 30 calendar days of approval, table the Annual Report in the Legislative Assembly.
The Executive Chair, through the Executive Director, will ensure that Tribunals Ontario’s Annual Report is publicly posted in an accessible format, in both official languages, on the Tribunals Ontario website after the report has been tabled in the Legislative Assembly and within 30 calendar days of Minister approval.
When distributing annual reports, digital formats and channels for distribution must be used unless otherwise required (e.g. by directive, legislation).

9.3

Other Reports
The Executive Chair is responsible for:

Ensuring that the reports and documents set out in Schedule 2 to this MOU are submitted for review and approval to the Minister, Deputy Minister or Ministry in accordance with prescribed timelines.
At the request of the Minister or the Deputy Minister, supplying specific data and other information that may be required from time to time for the purpose of Ministry administration, subject to any restrictions which may interfere or conflict with the integrity of the adjudicative, dispute resolution or decision-making or investigative process, or natural justice rights of the parties.

10. PUBLIC POSTING REQUIREMENTS

Tribunals Ontario, through the Executive Chair, will ensure that the following approved governance documents are posted in an accessible format, in both official languages, on the Tribunals Ontario website within the specified timelines:

Memorandum of Understanding and any Letter of Affirmation – 30 calendar days of signing by both parties
Annual Business Plan – 30 calendar days of Minister’s approval
Annual Report – 30 calendar days of Minister’s approval (the report must first be tabled in the Legislature).

Posted governance documents should not disclose: personal information, sensitive employment and labour relations information, solicitor-client privileged information, Cabinet confidential information, and information that would otherwise pose a risk to the security of the facilities and/or operations of Tribunals Ontario.
Tribunals Ontario, through the Executive Chair, will ensure that the expense information for Appointees and senior management staff are posted on Tribunals Ontario’s website, in accordance with the requirements of the MBC Travel, Meal and Hospitality Expenses Directive.
Tribunals Ontario, through the Executive Chair, will ensure that any other applicable public posting requirements are met.

11. COMMUNICATIONS AND ISSUES MANAGEMENT

The parties to this MOU recognize that the timely exchange of information on the operations and administration of Tribunals Ontario and its Constituent Tribunals is essential for the Minister to meet his/her responsibilities for reporting and responding to the Legislative Assembly on the affairs of Tribunals Ontario and its Constituent Tribunals. The parties also recognize that it is essential for the Executive Chair and Executive Director to be kept informed of government initiatives and broad policy directions that may affect the mandate and functions of Tribunals Ontario or its Constituent Tribunals.

The Minister and the Executive Chair, therefore, agree that:

“Communications” shall not include discussion or exchanging of non-public information between Tribunals Ontario personnel and the Minister, Deputy Minister or Ministry staff about specific current, past or future cases to be heard by Tribunals Ontario’s Constituent Tribunals.
Inquiries received by the Ministry or Minister’s Office regarding an adjudicative proceeding, policy or rule at a Constituent Tribunal will be re-directed to Tribunals Ontario without comment, noting that the Ministry or Minister, as the case may be, cannot comment on, or interfere in, the Constituent Tribunal’s processes or decisions.
The Executive Chair will keep the Minister advised, in a timely manner, of all planned events and issues that concern or can be reasonably expected to concern the Minister in the exercise of his/her responsibilities. The Executive Director will similarly keep the Deputy Minister advised.
The Minister will consult with the Executive Chair in a timely manner, as appropriate, on broad government policy initiatives or legislation being considered by the government that may affect the mandate or functions of Tribunals Ontario or its Constituent Tribunals, or which otherwise will have a significant impact on Tribunals Ontario or its Constituent Tribunals.
The Minister and the Executive Chair will consult with each other on public communications strategies and publications. They will, as appropriate, keep each other informed of the results of formal stakeholder and other public consultations.
The Executive Chair will advise the Ministry of all public communications, advertising and media activities and provide copies of the same in advance. Despite the foregoing, Tribunals Ontario has the right to issue materials such as rules, procedural directions, responses to routine media inquiries and other public information without the prior approval of the Ministry.
The Minister and the Executive Chair will meet at least annually, or as requested by either party, to discuss issues relating to the fulfillment of Tribunals Ontario’s mandate, management and operations, and to review matters provided for in this MOU.
The Deputy Minister and the Executive Chair will meet at least quarterly to discuss issues relating to the efficient and effective operation of Tribunals Ontario and the provision of services by the Ministry to Tribunals Ontario and to review matters provided for in this MOU. The Deputy Minister and the Executive Chair shall provide timely information and advice to each other concerning significant matters affecting Tribunals Ontario’s management or operations.
The parties agree to adhere to the Communications Protocol set out in Schedule 1 to this MOU.

12. ADMINISTRATIVE ARRANGEMENTS

12.1

Applicable Government Directive

The Executive Chair, working with the Executive Director, is responsible for ensuring that Tribunals Ontario and its Constituent Tribunals operate in accordance with all Applicable Government Directives, and Public Service Commission directives under the PSOA, applicable Collective and Memorandum Agreements pertaining to staffing, as well as applicable Ministry financial and administrative policies and procedures. Schedule 3 to this MOU provides a list of Applicable Government Directives.
The Ministry will inform Tribunals Ontario of amendments or additions to directives, policies and guidelines that apply to Tribunals Ontario or its Constituent Tribunals; however, Tribunals Ontario and its Constituent Tribunals are responsible for complying with all Applicable Government Directives, policies and guidelines, whether or not they are specifically listed in Schedule 3 to this MOU.

12.2

Administrative and Organizational Support Services

The Deputy Minister is responsible for providing Tribunals Ontario with the administrative support services listed in Schedule 4 of this MOU, and for negotiating with Ontario Shared Services concerning these services.
Schedule 4 may be reviewed at any time at the request of either party.
The Deputy Minister will ensure that the support or services provided to Tribunals Ontario are of the same quality as those provided to the Ministry’s own divisions and branches.

12.3

Agreements with Third-Parties

Procurement required to support the programs and services of Tribunals Ontario or its Constituent Tribunals will be done in a clear manner, consistent with Applicable Government Directives, including but not limited to the MBC Procurement Directive. Where procurements are likely to raise contentious issues, the Executive Director will discuss these issues in advance with the Ministry.

12.4

Legal Services

The Minister is statutorily responsible for the delivery of legal services and advice to ministries and agencies of the Government. For this reason, Tribunals Ontario and each of its Constituent Tribunals shall obtain all of their legal services from lawyers employed by the Ministry as set out below:

Day-to-day legal services shall be provided to Tribunals Ontario and its Constituent Tribunals by Ministry lawyers employed at Tribunals Ontario (“Tribunal Counsel”).
The Legal Services Director or manager of Tribunals Ontario may obtain legal services or advice from lawyers employed in the Ministry’s central legal offices (e.g., the Crown Law Office – Civil (“CLOC”), the Constitutional Law Branch (“CLB”) and the Justice Policy Branch (“JPB”)) on behalf of Tribunals Ontario or its Constituent Tribunals in circumstances where special expertise is required.
Tribunals Ontario, through the Legal Services Director or manager, may obtain outside legal services from external counsel in extraordinary circumstances where:
- CLOC counsel or JPB counsel lack sufficient expertise to provide the required services or advice; or
- The delivery of legal services or advice by Crown counsel could be perceived as compromising the independence or impartiality of Tribunals Ontario or its Constituent Tribunals.
Any proposed retention of external counsel by Tribunals Ontario shall be subject to the approval of the Deputy Attorney General and shall be undertaken in accordance with the terms of the Ministry’s corporate operating policy on using and retaining outside legal services (“PSR Policy”).

In cases where it obtains legal services or advice from lawyers employed in the Ministry’s central legal offices or from external counsel retained under the PSR Policy, Tribunals Ontario will be responsible for reimbursing the Ministry for all of the costs associated with these services.
Lawyers employed by the Ministry (including external counsel retained under the PSR Policy) stand in a solicitor client relationship with the Government. They do not have a solicitor client relationship with any individual or office operating within the Government. Although Tribunals Ontario and its Constituent Tribunals operate with a high degree of functional independence, they are legally a part of the executive branch and their relationship with their lawyers is substantially the same as any other office of the Government.
Nevertheless, the Minister recognizes that legal advice provided to Tribunals Ontario and its Constituent Tribunals should be delivered in a way that is compatible with the independent and impartial performance of their statutory functions. For this reason, Tribunal Counsel (including the Legal Director) shall report to, and take instructions from, the Executive Chair on all matters affecting the adjudication and resolution of disputes by any of the Constituent Tribunals, the assessment and management of adjudicators, and their relationships, dealings and communications with tribunal users and other persons affected by their services. Tribunal Counsel shall continue to report to the Executive Director in respect of purely administrative matters.
The Minister also recognizes that Tribunal Counsel should treat legal advice provided to Tribunals Ontario related to matters described in paragraph (d) as confidential between Tribunal Counsel and Tribunals Ontario. Maintaining confidentiality in such advice (even from the Ministry) is necessary to safeguard the independence and impartiality of Tribunals Ontario and its Constituent Tribunals in the performance of their statutory functions.
Similarly, although external counsel retained under the terms of the PSR policy ordinarily report through the Ministry, in cases where Tribunals Ontario has retained external counsel to avoid any perception of institutional bias or government interference, such counsel shall report directly and confidentially to the Executive Chair through the Legal Services Director or manager at Tribunals Ontario.
However, all advice and services provided to Tribunals Ontario by lawyers employed in the Ministry’s central legal offices shall be subject to all normal oversight and approval requirements. These lawyers cannot deliver legal services to Tribunals Ontario on the basis that their advice will be kept confidential from the Ministry.

12.5

Freedom of Information and Protection of Privacy

The Executive Chair and the Minister acknowledge that the Constituent Tribunals of Tribunals Ontario are bound to follow the applicable requirements set out in the FIPPA in relation to the collection, retention, security, use, distribution and disposal of records to which FIPPA applies.
The Executive Chair will be considered the “institution head” of the Constituent Tribunals of Tribunals Ontario for the purposes of the FIPPA.
The Executive Chair is responsible for ensuring that the Ministry is notified of any significant or contentious information requests under FIPPA.

12.6

Creation, Collection, Maintenance and Disposition of Records

The Executive Chair, working with the Executive Director, is responsible for ensuring that Tribunals Ontario complies with all government legislation and Applicable Government Directives related to information and records management.
The Executive Chair, working with the Executive Director, is responsible for ensuring that a system is in place for the creation, collection, maintenance, and disposal of records.
The Executive Director and the Executive Chair shall protect the legal, fiscal and other interests of Tribunals Ontario by implementing reasonable measures to ensure the ongoing viability, integrity, preservation and security of all official records created, commissioned or acquired by Tribunals Ontario. This includes, but is not limited to, all electronic records, such as emails, information posted on the agency’s website(s), database data sets, and all records stored on personal computers and shared drives.
The Executive Director, working with the Executive Chair, is responsible for ensuring measures are implemented requiring Tribunals Ontario’s employees to create full, accurate and reliable records that document and support significant business transactions, decisions, events, policies and programs.
The Executive Director, working with the Executive Chair, is responsible for ensuring that Tribunals Ontario complies with the TB/MBC Management and Use of Information and Information Technology (I&IT) Directive, in conjunction with the Corporate Policy on Recordkeeping, as applicable.

12.7

Service Standards

Tribunals Ontario shall establish customer service and quality standards for its Constituent Tribunals that are consistent with the appropriate standards of the government, the Ministry and the Ontario Public Service.
The Executive Chair will ensure that Tribunals Ontario’s Constituent Tribunals deliver their services at a quality standard that reflects the principles and requirements of the OPS Service Directive.
Tribunals Ontario shall have a formal process for responding to complaints about the quality of services received by the public and users of the Constituent Tribunals that is consistent with the government’s service quality standards and Tribunals Ontario’s Service Standards Policy required under the ATAGAA.
Tribunals Ontario’s processes for responding to complaints about the quality of services are separate from and will not interfere with the Constituent Tribunals’ adjudicative processes.
Tribunals Ontario’s annual Business Plan will include Performance Measures and targets for client service and Tribunals Ontario and its Constituent Tribunals’ responses to complaints.
Tribunals Ontario and its Constituent Tribunals shall comply with the AODA.

13. FINANCIAL ARRANGEMENTS

13.1

General

All financial procedures for Tribunals Ontario shall be in accordance with Applicable Government Directives and Ministry corporate financial and administrative policies and procedures.
The financial and administrative framework, including human resources administration, for Tribunals Ontario is set out in the Ministry’s Financial Delegation Framework documents.
When ordered to do so by the Minister of Finance and/or the President of the Treasury Board, pursuant to section 16.4 of the Financial Administration Act, Tribunals Ontario shall pay into the Consolidated Revenue Fund any money that the Minister of Finance and/or the President of the Treasury Board determines is surplus to its requirements.
Tribunals Ontario’s approved operating and capital allocations may be adjusted in a given year if in-year fiscal constraints are ordered by Cabinet or the Minister. Tribunals Ontario will be provided with notice of changes to its allocation as soon as is reasonably possible. Where Tribunals Ontario must reallocate resources as a result of its operating and/or capital allocations being adjusted, Tribunals Ontario shall inform and discuss with the Ministry before making such changes.
The Executive Director shall be responsible for providing the Ministry with the necessary documentation to support Tribunals Ontario’s expenditures.

13.2

Funding

Tribunals Ontario and its Constituent Tribunals are funded by the Government of Ontario, out of the Consolidated Revenue Fund pursuant to an appropriation authorized by the Legislative Assembly, which is subject to adjustments made by the Minister, TB/MBC or the Legislative Assembly. In turn, Tribunals Ontario receives an estimated allocation from the Ministry annually. The Licence Appeal Tribunal - Automobile Accident Benefits Service (LAT – AABS) charges back its costs to the insurance industry.
The Executive Director will work in consultation with the Executive Chair to prepare a forecast of Tribunals Ontario’s expenditures based on the proposed allocation for inclusion in the Ministry’s annual budgeting process. The Executive Director will share this forecast with the Corporate Services Management Division of the Ministry in sufficient time to be analyzed and approved by the Minister.
The forecast provided by the Executive Director may, after appropriate consultation with the Executive Chair, be altered as required. The parties acknowledge that TB/MBC has final decision-making authority.
Financial procedures of Tribunals Ontario must be in accordance with Applicable Government Directives.
Recovered costs and other revenues, if any, are paid as received to the Consolidated Revenue Fund, and may not be applied to administrative expenditures of Tribunals Ontario, unless otherwise provided by law.

13.3

Financial Reports

Tribunals Ontario shall keep its accounts and shall provide financial reports or statements on instruction from the Ministry, in accordance with Schedule 2, for consolidation into the public accounts.

13.4

Taxation Status: Harmonized Sales Tax (HST)

With the harmonization of the Goods and Services Tax and the Provincial Sales Tax, some agencies receive a Canada Value Added Tax (CVAT) rebate under the Comprehensive Integrated Tax Coordination Agreement. This is not applicable to Tribunals Ontario.

14. AUDIT AND REVIEW ARRANGEMENTS

14.1

Audits

The Minister may direct that Tribunals Ontario or the Constituent Tribunals be audited.
The Ontario Internal Audit Division may also carry out an internal audit, if approved to do so by the Ministry’s Audit Committee or by the Corporate Audit Committee. Also, the Auditor General of Ontario may, at any time, audit any aspect of the operations of Tribunals Ontario or the Constituent Tribunals under the Auditor General Act.
Tribunals Ontario will promptly provide a copy of every report from an audit to the Minister and the Minister of Finance/President of Treasury Board. Tribunals Ontario will also provide a copy of its response to the audit report and any recommendations therein. Tribunals Ontario will advise the Minister annually on any outstanding audit requirements.
The Executive Chair may, with the Deputy Minister’s consent, request an external audit of the financial transactions or management controls of Tribunals Ontario at Tribunals Ontario’s expense.

14.2

Other Reviews

Tribunals Ontario is subject to periodic review initiated at the discretion and direction of TB/MBC or the Minister. The review may cover such matters relating to Tribunals Ontario and/or its Constituent Tribunals that are determined by TB/MBC or the Minister, and may include the mandate, powers, governance structure and/or operations.
In requiring a periodic review, the Minister or TB/MBC shall determine the timing and responsibility for conducting the review, the roles of the Executive Chair and the Minister, and how any other parties are involved.
A mandate review of Tribunals Ontario’s Constituent Tribunals will be conducted at least once every seven (7) years in accordance with the AAD.
The Minister will direct a review of Tribunals Ontario’s Constituent Tribunals at least once every six (6) years in accordance with subsections 21(1) and (2) of the ATAGAA. This review may be structured in such a way that it also fulfills the obligation for a mandate review.
The Minister will consult the Executive Chair as appropriate during any such review.
The Executive Chair and Executive Director will cooperate in any review.
In the event of a review initiated at the direction of the Minister, the Minister shall submit any recommendations for change that are developed from the results of the review to TB/MBC for consideration.

15. STAFFING & APPOINTMENTS

15.1

Delegation of Human Resources Management Authority

Where the Public Service Commission has delegated its powers, duties and functions in relation to human resources management to the Deputy Minister, Executive Director or prescribed individual under Ontario Regulation 148/10, that person is accountable for exercising that authority in compliance with any relevant legislation, directives or policies in accordance with the mandate of the provincial agency, and within the parameters of the delegated authority.

15.2

Staffing Requirements

Tribunals Ontario is staffed by persons employed under Part III of the PSOA. Such persons are eligible for all the rights and benefits accorded under the PSOA and relevant collective agreements.
Tribunals Ontario, in its dealings with staff employed under the PSOA, is subject to MBC human resources directives and Public Service Commission directives under the PSOA.

15.3

Appointments

The Executive Chair is appointed by the Lieutenant Governor in Council on the recommendation of the Minister, pursuant to subsection 16(1) of ATAGAA. The Executive Chair is also appointed as a member of each Constituent Tribunal by the Lieutenant Governor in Council on the recommendation of the Minister.
The Executive Chair is responsible for all of the Constituent Tribunals in Tribunals Ontario.
The Lieutenant Governor in Council may appoint an Associate Chair for each Constituent Tribunal in Tribunals Ontario on the recommendation of the Minister pursuant to subsection 16(2) of the ATAGAA.
The Lieutenant Governor in Council may appoint one or more of the Associate Chairs as Alternate Executive Chairs of Tribunals Ontario, and an Alternate Executive Chair will act in the place of the Executive Chair if the Executive Chair is unable to act or if the position of Executive Chair is vacant.
Vice-chairs are appointed by the Lieutenant Governor in Council on the recommendation of the Minister pursuant to subsection 16(4) of the ATAGAA.
Members of Tribunals Ontario’s Constituent Tribunals are appointed by the Lieutenant Governor in Council on the recommendation of the Minister, and have the powers and duties assigned to them by legislation and pursuant to their position description.
Members, Vice-Chairs and Associate Chairs are selected for appointment through a competitive, merit-based process that assesses candidates based on experience, knowledge or training in the subject matter and legal issues deal with by the tribunal; aptitude for impartial adjudication; and aptitude for applying alternative adjudicative practices and procedures that may be set out in the tribunal’s rules, pursuant to section 14 of the ATAGAA.
Pursuant to subsection 14(4) of ATAGAA, no person shall be appointed or reappointed to a Constituent Tribunal unless the Executive Chair, after being consulted as to his/her assessment of the person’s qualifications under ATAGAA and, in the case of reappointment, of the Member, Vice-Chair or Associate Chair’s performance of his/her duties on the tribunal, recommends that the person be appointed or reappointed.

15.4

Remuneration

Remuneration of Appointees is set by the Lieutenant Governor in Council.
Tribunals Ontario’s full-time and part-time Appointees will be remunerated pursuant to the rates identified in Schedule B of the AAD.
Travel expenses of Appointees must comply with the MBC Travel, Meal and Hospitality Expenses Directive. Reasonable expenses shall be reimbursed.

16. RISK MANAGEMENT, LIABILITY PROTECTION AND INSURANCE

16.1

Risk Management

The Executive Chair is responsible for ensuring that a risk management strategy is developed for Tribunals Ontario, in accordance with the OPS Risk Management process.
Tribunals Ontario shall ensure that the risks it faces are dealt with in an appropriate manner.

16.2

Liability Protection and Insurance

The operations of Tribunals Ontario are covered for commercial general liability risks under the Government of Ontario’s General and Road Liability Protection Program.

17. EFFECTIVE DATE AND DURATION AND PERIODIC REVIEW OF THE MOU

17.1

Effective Date, Duration and Periodic Reviews of the MOU

This MOU takes effect on the date it is signed by the Minister as the last party to execute it. It expires on the earlier of:
1. a date five years from its effective date, unless renewed before that day for another five years; and
2. the date a new MOU takes effect replacing it, but may continue in effect temporarily pending approval and signature of a new MOU.
Without affecting the expiry date of this MOU,
1. the Minister and Executive Chair may amend this MOU, or any part of it, by written agreement; and
2. either the Minister or the Executive Chair may initiate a review of this MOU by notifying the other by letter.
If a new Minister or Executive Chair takes office during the term of this MOU, the Minister and Executive Chair shall, within six months, either:
1. each affirm that this MOU shall continue in force, with or without amendment, for the duration of its term; or
2. agree to review and revise the MOU.
This MOU shall undergo a full review:
1. immediately upon any significant change to the tribunals’ mandates, powers or governance structure as a result of amendments to the constituting statutes of the Constituent Tribunals, or any other Act, and
2. at least once before it expires.
This MOU replaces all existing MOUs involving the former clusters of the Constituent Tribunals in Tribunals Ontario.
The Minister may, at his or her sole discretion, terminate this MOU at any time upon providing the Executive Chair with 30 days’ written notice prior to the termination date.
Subject to any further written agreements or updates, the parties agree that this MOU entered into between them will satisfy the requirements of s. 11 of the ATAGAA.
A copy of this signed MOU and any successor MOU or letter of affirmation, must be provided to the Secretary, Treasury Board/Management Board of Cabinet.

Executed this 22 day of December 2022.

Doug Downey
Attorney General of Ontario

Sean Weir
Executive Chair
Tribunals Ontario

SCHEDULE 1
COMMUNICATIONS PROTOCOL

I. PURPOSE

To establish clear lines of communication between the Ministry (i.e. the Minister’s Office, the Deputy Minister’s Office or the ADAG, and Ministry staff) and Tribunals Ontario.
To establish a process for dealing with requests from Ministry staff for briefing material/issue notes.

II. PRINCIPLES

This supplements the MOU, which defines the specific roles, responsibilities and relationship between the Ministry and Tribunals Ontario.

Tribunals Ontario and its Constituent Tribunals exercise their adjudicative and related functions independently of the Government, the Ministry and the Minister, subject only to the provisions, limitations and conditions set out in the constituting statutes of the Constituent Tribunals as identified in article 3.2 and Schedule 5 of this MOU, ATAGAA, and any other legislation governing Tribunals Ontario and this MOU.

Tribunals Ontario’s Constituent Tribunals are Adjudicative Tribunals as designated by the Management Board of Cabinet and ATAGAA. The commitment of the Government to independent tribunals capable of efficiently and effectively fulfilling their mandates requires that the Minister, the Ministry and Tribunals Ontario establish communication relationships, which are respectful of:

Tribunals Ontario’s Constituent Tribunals’ independent legislated mandates; and
the Minister’s accountability to the Legislature for the fulfilment of the Constituent Tribunals’ mandates.

III. LINES OF COMMUNICATION/PROTOCOLS

Communication between the Ministry and Tribunals Ontario

The Minister’s office shall coordinate communication with Tribunals Ontario through the office of the Executive Chair. The Deputy Minister or the ADAG shall communicate with the Executive Chair or Executive Director.
Questions or Complaints about Individual Cases

The parties recognize and accept that it is inappropriate for Tribunals Ontario to discuss or communicate with the Minister or Ministry about non-public information relating to specific cases that are under active consideration by the tribunals.
Complaints about Tribunals Ontario’s Services, Appointees or Staff

Telephone or written inquiries from members of the public to the Minister’s Office, or Ministry staff about Tribunals Ontario's policies and procedures are to be directed to Tribunals Ontario, either through Tribunals Ontario public information lines or in writing to Tribunals Ontario offices. Complaints about the conduct of Appointees or employees of Tribunals Ontario will be directed to the Executive Chair, or the Executive Director, respectively, in accordance with Tribunals Ontario’s Complaints Policy.
Media Responses

Tribunals Ontario will immediately notify the Ministry upon receiving a media inquiry relating to a contentious issue. An issue is considered contentious if it is, or may reasonably be expected to be, of concern to the Legislative Assembly or the public, or is likely to result in inquiries being directed to the Minister or government. Tribunals Ontario will provide advance notice to the Ministry of all media responses.
Briefing Material/Issue Notes

Tribunals Ontario will prepare briefing or issue notes for the Minister upon the request of the Minister’s office or the Ministry, so long as such requests do not deal with cases under active consideration by the Constituent Tribunals, or matters which are expected to come before the Constituent Tribunals.

Tribunals Ontario will prepare and deliver to the Ministry background information on specific issues, within the timeframe suggested, in accordance with Tribunals Ontario’s independent function.
Ministry's and Tribunals Ontario's Communication Materials

Whenever practical, the Ministry will give advance notice to the Executive Chair of the general content of documents or messages regarding Tribunals Ontario's operations and mandates and permit the Executive Chair a reasonable period to provide comments and suggestions.

Whenever practical, the Executive Chair will give the Minister advance notice of the general content of documents or messages of a public nature that might reasonably be expected to be of interest to the Minister. The Executive Director will similarly advise the Deputy Minister or the ADAG. Tribunals Ontario’s public materials will comply with the government’s visual identity guidelines and legal requirements for accessibility.

SCHEDULE 2
REPORTING REQUIREMENTS

The Executive Chair will ensure that the following reports, statements and documents are submitted to the Minister for review and approval:

REPORT

DUE

1. Government annual budgeting process