(Disponible en français)
The purpose of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 ("ATAGAA") is to ensure that adjudicative tribunals are accountable, transparent and efficient in their operations, while remaining independent in their decision-making.
Tribunals Ontario has developed documents to meet the legislative requirements of the ATAGAA.
Section 4 of the ATAGAA requires that every adjudicative tribunal shall develop a consultation policy. The consultation policy must describe whether and how the tribunal will consult with the public when it is considering changes to rules or policies, including consultations with any persons, entities or groups of persons or entities whose interests, in the opinion of the tribunal's chair, would be affected by the changes. This policy sets out the consultation process for Tribunals Ontario.
Consultation can play an important role in the mandate of Tribunals Ontario to protect the public interest, particularly when considering changes to rules, processes or policies. For the purpose of this policy, consultation is defined as a genuine exchange of information and points of view concerning policies, processes or rules of practice of the constituent tribunals, between the tribunals and stakeholders, prior to the changes being adopted.
Tribunals Ontario recognizes consultation as a process to seek out and consider the interests of stakeholders.
In this context, the term "stakeholder" applies to members of the public and users of individual tribunals, representatives of parties before the constituent tribunal considering the changes, and organizations and bodies considered to have a significant interest in the proposed changes.
Good consultation recognizes the needs of all participants, including stakeholders and the tribunals. Consultations can be formal or informal and can occur in a number of different ways, including through email inquiries/submissions, online questionnaires and surveys or through one-time and ongoing meetings.
When tribunals identify a need for formal stakeholder consultation, a recommendation for consultation will be made to the Executive Chair, identifying the extent and nature of the consultation required. The Executive Chair, or the Executive Chair's delegate, will identify key stakeholders affected by the decision and will invite appropriate representatives from the identified stakeholders to join in consultation with the tribunals.
The invitation to consult may be issued verbally, in writing, or as a public invitation published on the Tribunals Ontario website. The invitation will include information on the topic of the consultation, a deadline to provide feedback, and a contact email to handle inquiries. On acceptance of the invitation, the individuals will receive relevant background information to assist in the development of their viewpoints.
Tribunals Ontario is committed to the following expectations:
Tribunals Ontario may modify the consultation process to reflect a less or more extensive consultation process, in appropriate circumstances.
Tribunals Ontario also keeps the public informed of its activities by:
This policy is available in various accessible formats including audio and large print. For an alternative format or a paper copy, please contact the Office of the Executive Chair, Tribunals Ontario via email:
This policy will be reviewed every three years along with the other puclic accountability documentation required by ATAGAA.