Tribunals Ontario
2019-20 Annual Report

Tribunals Ontario is responsible for 19 tribunals across three divisions:

Environment and Lands Tribunals Ontario
www.elto.gov.on.ca

Saftey, Licensing Appeals and Standards
www.slasto-tsapno.gov.on.ca

Social Justice
www.sjto.gov.on.ca

Mailing Address:
25 Grosvenor Street, 19th Floor
Toronto ON M7A 1R1

Ce document est également disponible en Français.

June 30, 2020

Dear Attorney General Downey:

Re: Tribunals Ontario 2019-20 Annual Report

On behalf of Tribunals Ontario, it is our pleasure to submit to you the 2019-20 Annual Report.

This report reflects the activities of Tribunals Ontario for the fiscal year ending March 31, 2020.

Since our amalgamation last year, we have worked to create a new organization that takes into consideration the unique attributes of the 19 boards and tribunals that are part of our organization.

In our first year of operation, we completed an organizational review to develop a new set of strategic directions to improve performance and results, promote consistency in practices, procedures, decision-making and dispute resolution. We are pleased to report that Tribunals Ontario has made great progress on improving how services are delivered to ensure a streamlined, cost-effective and efficient model for the people who access our services.

The attached report reflects how Tribunals Ontario has established priorities and activities with the goals of fulfilling its mandate and serving the people of Ontario effectively and efficiently.

We look forward to continuing to work with your ministry in the upcoming year.

Yours sincerely,

Sean Weir
Executive Chair
Tribunals Ontario

Lori Coleman
Executive Director (Acting)
Tribunals Ontario

Executive Chair's Message

On June 2, 2020, I was appointed new Executive Chair. I am honoured to be leading Tribunals Ontario as we continue improving our service while meeting the challenges presented by the COVID-19 pandemic.

January 1, 2020 marked our first year in operation as Tribunals Ontario. Thanks to the diligent work of our adjudicators and staff, we were able to face the challenges of becoming a new organization, while capitalizing on the new opportunities that amalgamation presented.

I am proud of our staff and adjudicators who provide fair, effective, timely and accessible dispute resolution services and who contributed to processing and resolving 151,213 cases in 2019-20. Over the last year, Tribunals Ontario has demonstrated the knowledge, expertise and experience to fulfill its mandate, and these are some of the ways we have delivered fair and efficient adjudicative services across the province:

• We focused on leveraging digital and shared service models, such as case conferences and e-filing, to address existing caseloads and work towards the common goal of early resolution.
• We improved front-line service delivery by providing telephone hearings where feasible to reduce travel time and make it more convenient for parties.
• We worked to leverage video conference technology to streamline the hearing process for efficiency and convenience.
• We developed expedited procedures to deal with motions and preliminary issues to help lead to an earlier resolution of disputes.

While we experienced challenges with delays at some of our high-volume tribunals, we are encouraged by the quick response to the COVID-19 pandemic and are confident our successes in alternative proceeding formats will lead to further modernization of procedures across Tribunals Ontario in the next fiscal year. Our staff and adjudicators are committed to ensuring fairness and increasing access to justice and look forward to continuing to serve the people of Ontario.

Sincerely,

Sean Weir
Executive Chair

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Executive Director's Message

I am pleased to share the successes of our staff and members within the Tribunals Ontario 2019-20 Annual Report.

Serving the public is at the heart of the work we do. Each interaction is an opportunity to learn how we may better address challenges and meet the needs of the public. For example, where appropriate, tribunals are supporting and encouraging the early resolution of disputes.

Over the past year, Tribunals Ontario established centralized business planning, communications, public appointments and legal services to increase effectiveness and gain efficiencies through streamlined processes, and enhanced coordination in serving all our boards and tribunals.

We continue to improve resources that support the diverse needs of the people who access our services. For example, Tribunals Ontario implemented a new French Language Services Policy across the organization based on previous engagement and advice from the Office of the Ombudsman (previously the French Language Services Commissioner). Standardized training continues to be provided to staff and members to ensure all tribunals 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 French Language Services Act.

In the last few weeks of the fiscal year, we acted quickly to respond to the COVID-19 outbreak by rescheduling in-person hearings, where feasible, to written, telephone and video conference options. We continued to provide services to Ontarians during this time with the dedication and tremendous work of staff and members. Going forward, we will leverage our successes and adapt our operations to the new needs of our communities and Ontarians. Thank you to our staff and members for their remarkable work to serve Ontarians.

I look forward to working with staff, members, Associate Chairs and the Executive Chair to continue to improve front-line service delivery and enhance the quality of dispute resolution services for the thousands of people across the province who access our tribunals each year.

Sincerely,

Lori Coleman
Executive Director (Acting)

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About Tribunals Ontario

Tribunals Ontario is responsible for 19 boards and tribunals that fall under the Ministry of the Attorney General:

• Animal Care Review Board
• Assessment Review Board
• Board of Negotiation
• Child and Family Services Review Board
• Conservation Review Board
• Criminal Injuries Compensation Board
• Custody Review Board
• Environmental Review Tribunal
• Fire Safety Commission
• Human Rights Tribunal of Ontario
• Landlord and Tenant Board
• Licence Appeal Tribunal
• Local Planning Appeal Tribunal
• Mining and Lands Tribunal
• Ontario Civilian Police Commission
• Ontario Parole Board
• Ontario Special Education Tribunals – English and French
• Social Benefits Tribunal

The tribunals hold proceedings throughout the province and promote the early resolution of a multitude of matters using a variety of dispute resolution methods. The tribunals process files from intake to closure, which may include issuance of decisions, orders and recommendations arising from pre-hearings and mediations, settlement conferences and if required, a formal hearing.

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Organizational Structure

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.

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.

Tribunals Ontario has a total of 614 allocated staff positions as outlined below.

Tribunals Ontario Staff

Tribunals Ontario has a total of 188 full-time members and 126 part-time members. Some members are appointed to more than one tribunal (see Appendix A for a full list of members).

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Operational Highlights

Tribunals Ontario Mediation and Hearing Centre

In July 2019, we opened the new Tribunals Ontario Mediation and Hearing Centre at 15 Grosvenor Street in Toronto. The new location offers an improved experience for the public with an information desk, natural light in many hearing rooms, and equipment for teleconference and video conference hearings. Other features include public Wi-Fi, a hearing room ventilated for smudging, barrier-free washrooms and hallways, and slip-resistant stairs.

Six tribunals are holding mediations and hearings at the location including the Animal Care Review Board, the Criminal Injuries Compensation Board, the Fire Safety Commission, the Landlord and Tenant Board Toronto South office, the Licence Appeal Tribunal, the Ontario Civilian Police Commission and the Social Benefits Tribunal.

Digital Transformation

Tribunal Ontario continues to work on providing more digital options for Ontarians. This includes developing an IT strategy that will integrate case management, data analytics, and online engagement with external users. These improvements will help make our services more accessible and responsive to the needs of the people we serve.

COVID-19 Pandemic

As the COVID-19 pandemic evolved in late March, Tribunals Ontario took immediate action to safeguard the health and well-being of staff, members and Ontarians. We continued to provide services by converting all 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 boards and tribunals.

As the situation continues to develop, Tribunals Ontario is working to ensure minimal service disruption for Ontarians.

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Diversity, Inclusion and Accessibility

Tribunals Ontario is committed to building a diverse, inclusive and accessible environment to reflect the public we serve and respond to the needs of diverse stakeholder groups. Diversity objectives and outcomes in policies, processes and services ensure the public, staff and Order-in-Council (OIC) members have access to a space that is free from harassment and discrimination.

In April 2019, a Diversity and Inclusion Committee was established with members from multiple tribunals to better support and improve services for Ontario’s diverse population. The committee works to bring inclusive practices that can be incorporated into our daily work, celebrate our diversity and bring about awareness through days of significance.

The Act respecting First Nations, Inuit and Métis children, youth and families (Bill C-92) — the first federal legislation on Indigenous child and family services — came into force on January 1, 2020. In light of this new legislation, the Child and Family Services Review Board made changes to its processes for addressing applications for review of emergency admission to secure treatment program (ESTA) brought under s.171 of the Child, Youth and Family Services Act. The Tribunal has also made changes to Notice of Hearing for ESTA applications to reflect the changes under Bill C-92.

Accommodation Requests

Improving access to services and providing accommodation when requested are priorities for Tribunals Ontario. Some highlights include:

• Recognizing environmental sensitivity by offering a hearing outside the usual venues and a hearing partially in person and in writing;
• Increasing the number of video conference hearings;
• Choosing accessible venues and ensuring that they will accommodate service animals and provide other accommodations required by parties, their counsel or witnesses;
• Providing culturally appropriate processes in support of Indigenous parties such as talking circles and smudging, when requested; and
• Recruiting designated bilingual adjudicators in order to strengthen the Landlord and Tenant Board’s ability to provide French language services at hearings.

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Professional Development

Professional development remains an integral part of the organization. Training ensures OIC members and staff have the knowledge and support to meet legislatively mandated timelines, the most relevant knowledge in legislation, administrative justice tools, and operational functions.

Across the divisions, we have provided new member onboarding and tribunal specific training sessions, conducted both in-class and through remote platforms. Training is done collaboratively with other units throughout the organization and is facilitated internally by Associate Chairs, Vice Chairs, Members, Registrars and legal counsel, externally with guest presenters, through online modules and self-directed study and job shadowing. Training has covered topics including decision writing, access and privacy, legislative changes, mediation, alternative dispute resolution and early resolution, and French Language Services initiatives. Job shadowing and ongoing mentoring are important components of the training program. The onboarding and training plan ensure that OICs are properly onboarded and trained to fulfill their roles as public servants.

In addition to the above-noted initiatives, Tribunals Ontario staff and members also participated in the following training:

• Indigenous Cultural Competency Training through the San’yas Indigenous Cultural Safety Program; and
• Updates to the French Language Services (FLS) Policy and Active Offer training as well as ongoing FLS training for French-speaking members.

The Professional Development and Training Unit is working towards creating a training plan to integrate and adapt to a new remote-based working environment.

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Tribunal Highlights

Animal Care Review Board

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 ACRB’s jurisdiction and authority are derived from the Provincial Animal Welfare Services Act, 2019.

Operational Highlights

The ACRB maintained a steady caseload by closing as many cases as it received this fiscal year. The early resolution process was effectively used to resolve matters quickly without need for a hearing. Only two hearings were conducted in the fiscal year.

On January 1, 2020, the Provincial Animal Welfare Services Act, 2019 came into effect replacing the previous animal protection legislation in the province — the Ontario Society for the Prevention of Cruelty to Animals Act. Under the new legislation, the ACRB continues to have jurisdiction to hear appeals of orders and decisions made by an animal welfare inspector or the Chief Animal Welfare Inspector. The ACRB undertook various initiatives to prepare for the new legislative regime including training adjudicators and administrative staff and working towards updating ACRB’s forms.

To increase digital options, the ACRB incorporated video technology for the first time in a hearing, allowing a witness to testify via video conference. In concert with Tribunals Ontario, the ACRB will continue to seek ways of leveraging video conference technology to streamline the hearing process for efficiency and convenience in the upcoming fiscal year and beyond.

Statistics

Table 1: ACRB Performance Measures

Note: N/A - Not applicable as no decisions were released during this period

Table 2: ACRB Caseload Overview

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Assessment Review Board

The Assessment Review Board (ARB) adjudicates applications and appeals on property assessments, classifications and tax matters.

The ARB’s jurisdiction and its authority are defined by the Assessment Review Board Act, the Assessment Act, the Municipal Act, the City of Toronto Act, the Provincial Land Tax Act, the Education Act and the Statutory Powers Procedure Act.

Operational Highlights

As one of the key parts of Ontario’s property assessment system, the ARB was tasked with undertaking a review of its processes to improve the service it provides by achieving five goals:

1. Increasing the timeliness of appeal resolutions;
2. Improving frontline service delivery;
3. Improving the effectiveness and efficiency of the process;
4. Resolving legacy appeals before the beginning of the new assessment cycle; and
5. Reducing the number of appeals in the current cycle before the next assessment cycle.

Ongoing operational initiatives include reducing the schedule of events timelines from 66-104 weeks to 40 weeks, review and revision of the ARB Rules of Practice and Procedure to reflect updated and more streamlined processes, and the assignment of a hearing month for all appeals.

A staggered disclosure approach for appeals in the summary stream was implemented and has resulted in far fewer adjournment requests than in the previous year.

The ARB has also implemented expedited timelines for legacy appeals. Legacy appeals are defined as appeals filed before the 2017 taxation year. A new schedule of events (18 weeks) was assigned to each appeal. All legacy appeals were assigned commencement dates of January to March 2020 thereby ensuring resolution before the year end.

The number of legacy appeals identified in January 2020 was approximately 7,600. As of March 31, 2020, approximately 5,100 appeals remained outstanding.

The ARB also introduced a new streamlined Dismissal Process for appeals where there is a failure to comply with timelines set out in the Schedule of Events. This process provides increased efficiencies and services for stakeholders and the ARB. Further, this allows adjudicative resources to focus on those matters that require adjudication.

The ARB continues to improve its case management system to ensure support for the resolution of appeals in the hearing process.

To support Tribunals Ontario’s plan to move toward a digital-first approach to delivering services, the ARB continues to focus on the increased use of electronic and written hearings, and the exploration of video conferencing. Approximately 90 per cent of ARB’s services are electronic.

Statistics

Table 1: ARB Performance Results (Service Standards)

Table 2: ARB Assessment Appeals Caseload

Table 3: ARB Caseload Breakdown

Table 4: ARB File Types

Table 5: ARB Tax Appeals Caseload

Table 6: Caseload

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Board of Negotiation

The Board of Negotiation (BON) conducts mediations of disputes over the value of land expropriated by a public authority and negotiates compensation.

The BON was created under the former 1964 Expropriations Procedures Act. The current law for expropriations, the Expropriations Act, came into effect on January 1, 1970.

Operational Highlights

To ensure the resolution of mediations within 18 months, the BON introduced new processes that include administratively closing files that have been inactive for more than six months, allowing the Board to focus on its active files.

The BON also introduced a requirement that all materials be filed electronically before scheduling mediations. This requirement alleviated the requests for adjournments that had caused delays in previous years.

Statistics

Table 1: BON Performance Results (Service Standards)

Table 2: BON Caseload

Table 3: BON Caseload Resolution Results

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Child and Family Services Review Board

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 CFSRB’s jurisdiction and authority are derived from the Child, Youth and Family Services Act, 2017, the Education Act and the Intercountry Adoption Act.

Operational Highlights

On January 1, 2020, the Government of Canada’s legislation the Act respecting First Nations, Inuit and Métis children, youth and families came into effect. In light of this new legislation, the CFSRB made changes to its processes to address applications seeking a review of emergency admission to secure treatment program (ESTA) brought under s.171 of the Child, Youth and Family Services Act and the Notice of Hearing for ESTA. The CFSRB also changed the Notice of Hearing for ESTA to include that if the child is First Nations, Inuit or Métis, then the child’s Band, First Nation, Inuit or Métis community or communities may be entitled to be notified of the admission to secure treatment and of the application seeking review of the emergency admission.

The CFSRB continues to improve the Case Management System to streamline operations to improve timeliness.

Statistics

Table 1: CFSRB Performance Measures

Note: Most matters were resolved at mediation. Hearings were scheduled for comparatively few matters based on the availability of parties and the anticipated time required to gather relevant supporting information.

Table 2: CFSRB Applications

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Conservation Review Board – Land

Through the facilitation of settlement or a recommendation report to the final government decision maker, the Conservation Review Board (CRB) resolves disputes over properties that may demonstrate cultural heritage value or interest and disputes that involve archaeological licensing.

The CRB’s jurisdiction and authority are derived from the Ontario Heritage Act (OHA) and the Statutory Powers Procedure Act.

Operational Highlights

On January 27, 2020, the CRB amended its Rules of Practice and Procedures (Rules). The amendments updated the Rules to reflect considerations of efficiency, consistency, access to justice and the sensible use of the CRB’s resources. The amended Rules clarify requirements for parties, including the introduction of rules governing motions, brings the Rules in line with updated business practices and provides a foundation for future revisions.

On June 6, 2019, the Government of Ontario’s Bill 108, More Homes, More Choices Act, 2019 came into effect. This bill amends the OHA by giving the Local Planning Appeal Tribunal jurisdiction for appeals of municipal heritage decisions. Following proclamation of the OHA amendments, the CRB’s jurisdiction will be limited to heritage matters and archeological licensing decisions made by the government.

Statistics

Table 1: CRB Performance Results (Service Standards)

Table 2: CRB Caseload

Table 3: CRB File Types

Table 4: CRB Case Results

*Note: Withdrawls are often the result of settlement of the issues among the parties.

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Criminal Injuries Compensation Board

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.

The CICB’s jurisdiction and authority are derived from the Compensation for Victims of Crime Act (CVCA).

Operational Highlights

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.

There were two amendments to the CVCA in 2019. On May 29, 2019, changes were made to amounts that could be awarded by the CICB. The maximum lump sum payment that could be paid, with respect to the injury or death of one victim, was increased from $25,000 to $30,000, with the maximum award for pain and suffering not to exceed $5,000. CICB decisions made on or after May 29, 2019 were subject to the new maximums.

On October 1, 2019, the CVCA was further amended to address the wind down of operations. As of October 1, 2019, applications for compensation, requests for review hearings or applications to vary an order for compensation could no longer be filed with the CICB. Further, any appeals arising from applications could no longer be commenced with the Divisional Court. As of October 1, 2019, victims of crime can access financial support through the Victim Quick Response Program.

The CICB remains committed to providing a high quality of service as it winds down its operations and will continue its efforts toward ensuring an efficient and effective dissolution.

Statistics

Table 1: CICB Applications

*Note: CICB stopped receiving applications on September 30, 2019.

Table 2: Compensation by Benefit Type

*Note: as part of its winddown provisions, awards for future treatment will no longer be administered by the CICB. These awards are now paid in full directly to an applicant.

Table 3: CICB Performance Measures

*Note: Due to procedural changes in 2018-19, the service standards for oral and written decisions were combined.

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Custody Review Board

The Custody Review Board 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 Custody Review Board’s authority and jurisdiction are derived from the Child, Youth and Family Services Act, 2017 and the Youth Criminal Justice Act.

Operational Highlights

The Custody Review Board continues to work on improving its case management system to streamline operations to improve timeliness. Custody Review Board members have knowledge and expertise relating to youth and youth justice, and strive to provide fair, effective, and timely dispute resolution. In all cases, a member will contact the youth within 24 hours of receiving an application.

Statistics

Table 1: Custody Review Board Applications

Table 2: Custody Review Board Performance Measures

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Environmental Review Tribunal

The Environmental Review Tribunal (ERT) hears applications and appeals under 15 different environmental and land-use planning statutes in Ontario. The ERT also functions as the Niagara Escarpment Hearing Office to hear development permit appeals and Plan amendment applications in the Niagara Escarpment area. It also serves as the Office of Consolidated Hearings to hear applications for a Joint Board hearing under the Consolidated Hearings Act.

The ERT’s jurisdiction and authority are derived from the following statutes:

• Clean Water Act
• Consolidated Hearings Act
• Environmental Assessment Act
• Environmental Bill of Rights, 1993
• Environmental Protection Act
• Environmental Review Tribunal Act, 2000
• Greenbelt Act, 2005
• Niagara Escarpment Planning and Development Act
• Nutrient Management Act, 2002
• Oak Ridges Moraine Conservation Act
• Ontario Water Resources Act
• Pesticides Act
• Resource Recovery and Circular Economy Act, 2016
• Safe Drinking Water Act, 2002
• Statutory Powers Procedure Act
• Toxics Reduction Act, 2009
• Waste Diversion Transition Act, 2016

Operational Highlights

The ERT’s appeal intake increased by 25 per cent this fiscal year from the previous two years. The ERT was successful in maintaining a steady state of cases by closing 54 cases, with an average timeline of less than nine months.

Over the last two quarters of this fiscal, the ERT increased its use of teleconference calls for pre-hearing events to streamline the hearing process and implemented a focused approach to the use of hearing panels, ensuring that only the most complicated cases are assigned a panel of members to manage and adjudicate the case. The ERT has maintained its adjudicative capacity despite a reduction in adjudicators through increased active case management.

The ERT also implemented a strategy to expedite the resolution of its legacy cases. The strategy, implemented in the last two quarters of the fiscal year, worked to focus the parties towards a settlement or prepare the parties for scheduling a hearing for the adjudicator to decide the matter. Work is currently ongoing with most matters on schedule to be resolved in the next fiscal year.

On December 10, 2019, the Government of Ontario passed Bill 132, Better for People, Smarter for Business Act, 2019. This act adds or amends provisions related to administrative penalties in the Environmental Protection Act, the Nutriment Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act and the Safe Drinking Water Act, 2002. These amendments allow the Ministry of the Environment, Conservation and Parks (MECP) to issue monetary fines to persons who violate the regulations of the Act. The increased use of administrative penalties by the MECP could lead to an increase in appeal intake at the ERT in the upcoming years.

Statistics

Table 1: ERT Performance Results (Service Standards)

Table 2: ERT File Types

Table 3: ERT Caseload

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Fire Safety Commission

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 FSC’s jurisdiction and authority are derived from the Fire Protection and Prevention Act.

Operational Highlights

The FSC’s appeal intake increased by approximately 50 per cent this past fiscal year compared to the last three fiscal years. However, the FSC continued to facilitate early resolutions to efficiently process its matters and close almost as many cases as it received.

The FSC also implemented a process to track outstanding decisions to ensure decisions are released in a timely manner. This new process helped the FSC release all decisions within 60 days of the final hearing event.

Statistics

Table 1: FSC Performance Measures

Table 2: FSC Caseload Overview

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Human Rights Tribunal of Ontario

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 HRTO’s jurisdiction and authority are derived from the Human Rights Code.

Operational Highlights

In 2019, the HRTO began work on redesigning the early resolution of applications process. In order to support this initiative, the HRTO is seeking to launch large-scale changes to its processes, Rules of Procedure, Practice Directions and Forms. Changes to the HRTO’s forms include simplifying them, ensuring Smart forms are accessible, and promoting electronic document filing. This work will continue into the new fiscal year with the aim to implement the changes in 2020-21.

The HRTO continued to improve its case processing model through updates to the procedures manuals for intake, scheduling and adjudicative support units.

Throughout summer 2019, the HRTO increased scheduling mediations by 126 per cent, resulting in the settlement and closure of 159 per cent more files in June, July and August compared to the other nine months of the fiscal year. This focused scheduling approach allowed the HRTO to manage its growing caseload as intake of applications increased for the fourth consecutive year.

The HRTO also carried out various initiatives to support digital processes. In December 2019, telephone mediation was integrated to enhance accessibility, timely scheduling and to reduce travel time and costs to the parties. In March 2020, the HTRO introduced a project to transition from paper files to a fully electronic record management process.

Statistics

Table 1: HRTO Applications

Table 2: Types of HRTO Applications

Note: In 2019-20, the HRTO also issued 1,005 Case Assessment Directions to prepare the parties for the hearing.

Table 3: Applications by Social Area

*Note: Some applications allege discrimination in more than one social area, so the totals exceed 100%.

Table 4: Applications by Grounds

Table 5: HRTO Performance Measures

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Landlord and Tenant Board

The Landlord and Tenant Board (LTB) resolves applications related to residential tenancy disputes between landlords and tenants and eviction disputes in non-profit housing co-operatives.

The LTB’s authority and jurisdiction are derived from the Residential Tenancies Act (RTA). The LTB is also mandated to provide information to landlords and tenants about their rights and responsibilities under the RTA.

Operational Highlights

In 2019-20, e-File became the most popular option to file an application. The LTB received 45,899 applications through e-File, which accounted for more than half of all applications filed. The e-File system allows landlords and tenants across Ontario to file the most common LTB applications online at any time, from anywhere, and at a discounted fee.

In August 2019, the LTB revised the processing and scheduling protocol for Above Guideline Increase (AGI) applications in order to improve the wait time to schedule a hearing. A notice of Case Management Hearing is now issued immediately following processing.

In December 2019, the LTB expanded, refreshed and positioned the Frequently Asked Questions (FAQ) section more prominently on its website to promote visibility of key information and enhance public use. The Contact the LTB section was also updated to capture more accurate contact centre wait times, and links to information guides were added.

The LTB engaged in three intensive adjudicator recruitment efforts in 2019-20 to increase and improve service delivery. The most recent round of recruitment focused on filling remaining gaps by recruiting more bilingual members and additional members for regions with the most critical adjudicator shortages.

The LTB implemented several initiatives in 2019-20 to help streamline its processes and address critical challenges. These included initiatives that allowed certain services to be performed by members electronically such as routine adjudication requests, order processing and issuance. Additionally, changes were made to the scheduling model that would allow the LTB to assess needs and allocate member resources more effectively across all regions of Ontario.

On January 9, 2020, the Ontario Ombudsman announced an investigation into delays at the LTB. The Ombudsman noted that “the investigation will focus on whether the government is taking adequate steps to address the delays and backlogged cases”. Although the terms of some adjudicators were recently extended and a few more have been recruited, the investigation will also look into other potential systemic factors that may be contributing to the problem, such as relevant legislation, training, funding and technology. Tribunals Ontario and the LTB are fully cooperating with the Ombudsman’s office and look forward to the Ombudsman’s recommendations.

Statistics

Table 1: LTB Applications

* The totals do not include non-profit co-operative housing eviction applications.

** In 2019-20 the majority of applications – 56.9% – are resolved at hearing (ordered by hearing contested or uncontested, or ordered by review), through mediation – 14.2% (mediated or ordered by hearing mediated), and through withdrawals – 14.6%.

*** In a small number of cases, “resolved” applications are re-opened in the case management system (e.g. when the LTB grants a request for review or an order).  As a result, a single application can result in more than one resolution. Therefore, the number of applications open at the end of the fiscal year does not necessarily equal the number from the previous year plus “applications received,” less the applications resolved.”

Table 2: Landlord Applications Received by Type

Table 3: Tenant Applications Received by Type

Table 4: Co-Op Applications Received by Type

Table 5: Call Centre

Table 6: LTB Performance Measures

Table 7: Requests for Reviews

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Licence Appeal Tribunal

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).

LAT’s jurisdiction and authority are derived from the following:

• Accessibility for Ontarians with Disabilities Act
• Alcohol, Cannabis and Gaming Regulation and Public Protection Act
• Bailiffs Act
• Building Code Act
• Cannabis Licence Act
• Child Care and Early Years Act
• Child, Youth and Family Services Act
• Collection and Debt Settlement Services Act
• Condominium Act
• Condominium Management Services Act
• Consumer Protection Act
• Consumer Reporting Act
• Discriminatory Business Practices Act
• Film Classification Act
• Funeral, Burial and Cremation Services Act
• Gaming Control Act
• Highway Traffic Act
• Horse Racing Licence Act
• Insurance Act
• Intercountry Adoption Act
• Liquor Control Act
• Liquor Licence Act
• Motor Vehicle Dealers Act
• Ontario New Home Warranties Plan Act
• Paperback and Periodical Distributors Act — Repealed December 10, 2019
• Payday Loans Act
• Post-secondary Education Choice and Excellence Act
• Private Career Colleges Act
• Private Security and Investigative Services Act
• Real Estate and Business Brokers Act
• Retirement Homes Act
• Ticket Sales Act
• Travel Industry Act
• Vintners Quality Alliance Act

Operational Highlights

The number of appeals filed with the LAT-GS increased by approximately 11 per cent from the previous fiscal year, while the LAT-AABS saw an approximate 9 per cent increase. The LAT continues to promote and facilitate the early resolution of all disputes between the parties.

The LAT has introduced several streamlined approaches to the service delivery of decisions, case conference orders and reports. These improvements in a key business service area will provide increased capacity for timely issuance of adjudicative decisions. An expedited procedure to deal with motions and preliminary issues was introduced in the third quarter with the expectation that it would lead to an earlier resolution of disputes.

Statistics

Table 1: LAT-GS Performance Measures

*Note: A significant number of appeals heard were lengthy or about complex matters, contributing to decisions being released later than 30 days after hearing.

Table 2: LAT-GS Caseload Overview

Table 3: LAT-AABS Performance Measures

*Note: Tribunal data indicates most hearing events are scheduled approximately 21 weeks from time of receipt. Scheduling hearing events earlier often results in significant rescheduling requests due to availability of parties and time required to gather pertinent supporting information. During this initial period, parties are also afforded time to resolve matters through settlement discussions.

Decisions issued are expected to demonstrate improvement following the streamlined business processes implemented in the 4th Quarter.

Table 4: LAT-AABS Caseload Overview

*Note: Figures updated April 24, 2020

**Additional Note: Figure reflects the number of cases that were closed administratively, dismissed, withdrawn or settled prior to the conclusion of a hearing.

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Local Planning Appeal Tribunal

The Local Planning Appeal Tribunal (LPAT) hears cases related to a range of municipal planning, financial and land matters, including official plans, zoning by-laws, and other issues assigned to the Tribunal by numerous Ontario statutes.

Legislative Authority

LPAT’s jurisdiction and authority are derived from many different public and private statutes for individual municipalities, which give specific jurisdiction and authority to LPAT including:

• Local Planning Appeal Tribunal Act
• Planning Act
• Municipal Act
• Aggregate Resources Act
• Development Charges Act
• Expropriations Act
• Education Act
• Greenbelt Act
• Places to Grow Act
• Lake Simcoe Protection Act
• Oak Ridges Moraine Conservation Act
• Statutory Powers Procedure Act
• Ontario Heritage Act
• Consolidated Hearings Act
• Environmental Assessment Act

Operational Highlights

On September 3, 2019, the Government of Ontario enacted the Housing Supply Action Plan through Bill 108, which resulted in legislative changes that repealed many of the changes implemented by Bill 139 and returned adjudicative and administrative practices and procedures to a process similar to that which was in effect before April 3, 2018 (Ontario Municipal Board processes). A further regulation amendment on November 15, 2019 resulted in some matters that had transitioned to Bill 108, returning to the Bill 139 process. LPAT is now processing appeals under a few systems.

To implement the new legislation, administrative screening was undertaken to review all Planning Act appeals to determine the system under which they must be processed. In addition, revised operational processes and updated Rules of Practice and Procedure were put into place to support these changes.

LPAT is continuing to address the legacy appeals filed before Bill 139 and the number has been significantly reduced. The Tribunal continues to resolve legacy cases through ongoing proactive case management of the Tribunal’s caseload and, where appropriate, has delegated the clearance of conditions to the approval authority.

Statistics

Table 1: LPAT Performance Results (Service Standards)

Table 2: LPAT Caseload*

*Note: minor variations in previously reported figures result from deferred entry of case information to systems.

Table 3: Caseload

Table 4: LPAT File Types

*Note: minor variations in previously reported figures result from deferred entry of case information to systems.

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Mining and Lands Tribunal

The Mining and Lands Tribunal (MLT) hears and decides matters under legislation administered by the Ministry of Energy, Northern Development and Mines and the Ministry of Natural Resources and Forestry.

The MLT has exclusive jurisdiction over most matters arising under the Mining Act, and proceedings involving private civil and property rights, relating to or arising out of matters governed by the Mining Act.

Over time, additional powers and duties were assigned to the MLT to make decisions on matters under the Conservation Authorities Act, the Oil, Gas and Salt Resources Act, the Aggregate Resources Act, the Lakes and Rivers Improvement Act, and the Assessment Act.

Operational Highlights

A new information guide was created and is available on the website to assist clients with preparing an MLT application or appeal. The guide provides information about the documentation required, the application/appeal process and what to expect at a hearing.

New administrative processes were established to create a more streamlined approach for appeals, including administratively closing appeals that remain inactive for more than six months. These new processes allow the MLT to more accurately reflect the number of appeals that require its expertise.

All materials must be filed electronically in advance of scheduling hearings. This requirement has alleviated requests for adjournments that had previously caused delays in scheduling.

Statistics

Table 1: MLT Performance Measures

Table 2: MLT File Types

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Ontario Civilian Police Commission

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.

The OCPC includes two divisions: adjudicative and investigative. The divisions operate independently under one Registrar.

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 OCPC’s jurisdiction and authority are derived from the Police Services Act.

Operational Highlights

The OCPC continued to receive a steady stream of appeals on the adjudicative division, while requests for investigations decreased significantly in the past fiscal year. Through active management of its investigations, the OCPC decreased its open investigations caseload by 60 per cent.

The OCPC continued to manage its open appeals caseload, working with its stakeholders and parties to schedule 92 per cent of its matters for a case conference within three months of the appeal intake.

A new reporting system was developed to manage the OCPC’s adjudicative caseload and provide a more efficient way to track important timelines in the processing of appeals and provide a tool to support the timely resolution of its adjudicative matters.

Statistics

Table 1: OCPC Performance Measures

*Note: N/A – not applicable as the OCPC did not have any first instance hearings during this period.

Table 2: OCPC Caseload Overview

*Note: Adjustment to tracking and case management systems resulted in an updated figure for 2016-2017 appeals closed.

** Additional Note: In 2017-18, one appellant had two active files that were later merged into one file and closed in 2018-19.

*** Adjustment to definition of Investigation Requests Opened.

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Ontario Parole Board

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.

When considering parole and temporary absence applications, public safety is the OPB’s main priority.

The OPB’s jurisdiction and authority are derived from the Ministry of Correctional Services Act.

Operational Highlights

The OPB created new Practice Guidelines to support its independence while working collaboratively with the Ministry of the Solicitor General. The guidelines were posted on the OPB’s website on July 22, 2019. The Practice Guidelines were designed to clarify for applicants, victims, and individuals engaged with or interested in the OPB, how and when to interact with the OPB and to bring greater consistency and transparency to service delivery.

The OPB enhanced its scheduling framework by increasing the number of hearings held per day at each institution. This resulted in improved efficiency and increased value for money by allowing the OPB to optimize its resources and improve access to justice for applicants.

The OPB worked in partnership with the Ministry of the Solicitor General to transform the parole consideration options available to applicants. On November 1, 2019, Section 43 of Ontario Regulation 778 was amended to allow applicants serving sentences of six months or more, the option to waive their statutory right to parole consideration. This change created another avenue for applicants who may wish to remain incarcerated for various reasons, including the pursuit of treatment within the institution and the ability to determine the option best suited to their rehabilitative needs.

Statistics

Table 1: OPB Performance Measures

*Note: In some cases, further time may be needed due to technical or operational challenges.

Table 2: OPB Caseload Overview

*Note: Differences in how the OPB accounts for applications received, decisions rendered, and hearing events has resulted in reported figures differing substantially from previous years where the OPB relied upon statistical information from Ministry of the Solicitor General – the numbers for previous years are not directly comparable.

**Additional Note: Effective December 2017, the Ontario Parole Board considers all applicants serving a sentence of six months or more for parole before their parole eligibility date as required by the Ministry of Correctional Services Act.

Table 3: Additional OPB Metrics

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Ontario Special Education Tribunals — English and French

The Ontario Special Education Tribunals (OSETs) hear appeals from parents who have been unable to resolve disputes with school boards with respect to the identification and placement of exceptional pupils.

The OSETs’ jurisdiction and authority are derived from the Education Act.

Operational Highlights

With few appeals filed in the last fiscal year, the OSETs have continued to work effectively and efficiently throughout the 2019-20 year to ensure justice to parents and school boards across Ontario.

A total of 3 applications were received. OSET did not receive any French applications in the fiscal year.

The English OSET received one appeal in 2017-18, which settled through mediation. The French OSET (TEDO) did not receive any appeals in 2017-18.

The English OSET received two appeals in 2016-17. One was settled through mediation. The French OSET (TEDO) received no appeals.

Statistics

Table 1: OSET Performance Measures

Note: whether standard has been met or not.

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Social Benefits Tribunal

The Social Benefits Tribunal (SBT) considers appeals by applicants who have been refused social assistance and recipients of social assistance who are appealing a decision that affects the amount of, or their eligibility for, social assistance.

The SBT’s jurisdiction and authority are derived from the Ontario Works Act (OWA) and the Ontario Disability Support Program Act (ODSP).

Operational Highlights

On October 1, 2019, the SBT began holding its Toronto hearings at the new Tribunals Ontario Mediation and Hearing Centre at 15 Grosvenor Street. The new centre offers an improved experience for applicants with an information desk, natural light in many hearing rooms and equipment for teleconference and video conference hearings. Other features include public Wi-Fi, a hearing room ventilated for smudging, barrier-free washrooms and hallways, and slip-resistant stairs.

The SBT continues to improve the process of accepting electronic submissions from legal clinics and respondent offices.

In order to streamline daily operations and further improve timely delivery of services to the public, the SBT continues working on its case management system.

The SBT continues to improve the Early Resolution Opportunity program (ERO), which aims to help parties resolve their appeal without a hearing. This program provides the opportunity to resolve appeals as early as one month after they are filed. In 2019-20, the SBT held 2250 ERO sessions. The settlement rate was 38 per cent.

Statistics

Table 1: SBT Appeals

Table 2: SBT Appeals of Program

Table 3: ODSP Appeals by Category

Table 4: OW Appeals by Category

Table 5: ODSP Decisions by Outcome

*Note: Cases denied in absentia: Appellant was not present for the hearing.

** Additional Note: Other decisions include: consent order, no appeal before the tribunal, appeal out of time, no jurisdiction, matter resolved or withdrawn, or cases referred back to the Director or Administrator to reconsider its original decision in accordance with the directions given by the tribunal.

Table 6: OW Decisions by Outcome

*Note: Cases denied in absentia: Appellant was not present for the hearing.

** Additional Note: Other decisions include: consent order, no appeal before the tribunal, appeal out of time, no jurisdiction, matter resolved or withdrawn, or cases referred back to the Director or Administrator to reconsider its original decision in accordance with the directions given by the tribunal.

Table 7: SBT Performance Measures

Table 8: SBT Caseload Overview

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Financial Summary

Tribunals Ontario was established on January 1, 2019. In fiscal year 2019-20 the budget for Tribunals Ontario was consolidated from the three former clusters to one budget and as such the expenditures and revenues were also consolidated. The financial summary also includes the expenditures for the Licence Appeal Tribunal - Automobile Accident Benefits Service, which are fully recoverable from the insurance industry and the Criminal Injuries Compensation Board transfer payments.

To support the government’s commitment to working more efficiently, Tribunals Ontario implemented the following initiatives:

• One Executive Chair, two Directors of Operation for Tribunals Ontario;
• Consolidating the Executive Office, Communications, Legal and Strategic Business Services into Tribunals Ontario;
• Cross-appointing Order-In-Council members and Associate Chairs; and
• Eliminating dual phone services and voice mail.

Tribunals Ontario is committed to continuing to review its business practices, identify efficiencies, and modernize and streamline practices and processes to deliver better service for people across the province.

Table 1: Comparison of Tribunals Ontario Expenditures

Table 2: Comparison of CICB Awards Allocated for Victims of Violent Crimes

The caseload for CICB increased by 9.7 per cent in 2019-20 resulting in an increase in transfer payments. In 2019-20, CICB deposited $10,000 in the Consolidated Revenue Fund (CRF) for monies recovered by applicants through civil actions, pursuant to s.26(5.1) of the CVCA.

Table 3: Comparison of Tribunals Ontario Revenue

• 2017 was the first year of a four-year reassessment cycle, which led to an increase in the number of new ARB appeals received, an increase in overall revenue for that year.
• As of April 1, 2016, the Licence Appeal Tribunal began receiving applications under the Insurance Act, and the Statutory Accident Benefits Schedule for LAT-AABS. The cost of LAT-AABS is fully recovered from the insurance industry. Regulation 160/16 sets out a points scheme that determines each insurer’s share of the assessment, which is based on their usage of the service.
• Revenue received by Tribunals Ontario is transferred to the CRF.

*Note: 2018-19 and 2017-18 financial information was updated to reflect final adjustments.

Table 4: Remuneration of Appointees to Adjudicative Tribunals and Regulatory Agencies

Table 5: Remuneration Paid to the Full-time and Part-time Members

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Appendix A

Tribunals Ontario Appointees

In 2019-20, Tribunals Ontario recruited for various positions on the boards and tribunals to meet our commitment to providing timely access to justice across the province.

The Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 requires the selection process for the appointment of new board and tribunal members to be competitive and merit-based. It also requires that all new appointments have the support of the Executive Chair, who makes recommendations of new members to Ontario’s Attorney General.

Tribunals Ontario’s cross-appointment strategy builds on members’ experience, skills and knowledge to ensure effective use of Tribunal Ontario’s resources.

Tribunals Ontario’s members have continued to contribute to the ongoing improvement of the organization, its tribunals and the administrative justice system in Ontario.

Appointees

*Indicates appointees who were no longer with TO as of March 31, 2019, or whose position at TO changed in the 2019-2020 fiscal year.

+ Indicates appointees who are cross-appointed to more than one of Tribunals Ontario Divisions.

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