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This Practice Direction provides guidance on requests made to the Human Rights Tribunal of Ontario (HRTO) seeking an order to have a proceeding reassigned to a different member or panel in accordance with s. 4.4 of the Statutory Powers Procedure Act (SPPA).
The procedure outlined in this document is for information only. It is not a rule within the meaning of the HRTO's Rules of Procedure. The HRTO may vary the approach contained in this document where appropriate.
Parties to proceedings at the HRTO may request that the HRTO assign another member or panel to complete a hearing or make a decision where:
Requests that a proceeding be reassigned for any other reasons will not be considered.
The HRTO may also reassign a new member or panel, for the same reasons, on its own initiative. Decisions on reassignment will be made by the Executive Chair of Tribunals Ontario or will be delegated to the Associate Chair or a Vice-Chair of the HRTO.
The HRTO can only reassign a member or a panel under s. 4.4 of the SPPA once a hearing has commenced or after a hearing has concluded. The HRTO cannot reassign a member or panel if the hearing has not yet begun. Requests for reassignment made before the hearing has begun will not be considered.
If the request for reassignment is based on failure to complete a hearing or make a decision by a deadline specified under s. 4.4(3) of the SPPA, the following timelines apply:
If the hearing has commenced but has not concluded, parties may only request reassignment after 90 days have passed since the last hearing date and no future hearing dates have been scheduled.
If the hearing has concluded and the HRTO has not yet released its decision, parties may only request reassignment once the expected time period for the release of the decision has passed:
Requests for reassignment received before the required amount of time has passed will not be considered.
Requesting reassignment due to a hearing or decision not being completed by the deadline is a two-step process.
First, once the required time period has passed since the last hearing date or the conclusion of the hearing, you must write to the HRTO, copying the other parties, to ask whether the HRTO has set a deadline under s. 4.4(3) of the SPPA for the member or panel to complete the hearing or make a decision. The HRTO will advise the parties whether a deadline has been set and, if so, what the deadline is.
Second, once the deadline has passed, you may make a request to have the member or panel reassigned by filing a Request to Reassign a Member or Panel under s. 4.4 of the SPPA (Form 29), copied to the other parties. All sections of the Form 29 must be completed.
Incomplete requests will not be considered. A request is incomplete if the party:
A Party may respond to the request by filing the Response to a Request to Reassign a Member or Panel under s. 4.4 of the SPPA (Form 30), copied to the other parties, within fourteen days of receiving the request.
In deciding whether to reassign a member or panel due to non-completion of the hearing or decision by the deadline, the HRTO may consider the following factors:
In order to make a request for reassignment due to the death or incapacity of the original member, a party must file the Request to Reassign a Member or Panel under s. 4.4 of the SPPA (Form 29), copied to the other parties. All sections of the Form 29 must be completed.
Incomplete requests will not be considered. A request is incomplete if the party:
A Party may respond to the request by filing the Response to a Request to Reassign a Member or Panel under s. 4.4 of the SPPA (Form 30), copied to the other parties, within fourteen days of receiving the request.
If the member or panel is reassigned, the newly assigned member or panel may request submissions from the parties with respect to how the matter should proceed. After considering the parties’ submissions, the newly assigned member or panel may: