Tribunals Ontario PO Box 250 Toronto, ON M7A 1N3 Tel: 1-844-242-0608 Fax: 416-327-6379

Tribunaux décisionnels Ontario Boîte no 250, Toronto ON M7A 1N3 Tél. : 1-844-242-0608 Téléc. : 416-327-6379

Tribunals Ontario: Annual Report 2018-19

June 28, 2019

The Honourable Doug Downey
Attorney General of Ontario
Ministry of the Attorney General
11th Floor, 720 Bay Street
Toronto, Ontario
M7A 2S9

Dear Attorney General Downey:

Re: Tribunals Ontario 2018-19 Annual Report

On behalf of Tribunals Ontario, it is our pleasure to submit to you the 2018-19 Annual Report.

This report reflects the activities of the constituent tribunals for the fiscal year ending March 31, 2019.

The attached report is a point in time overview of three former clusters which were comprised of 19 tribunals. Before the creation of Tribunals Ontario, each cluster had its own unique approaches, measures and standards.

In the coming year, Tribunals Ontario will work to establish and implement a common performance measurement program focused on results and accountability. Tribunals Ontario will align our priorities and activities with the overall goals of the organization and develop a blueprint for success.

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

Yours sincerely,

Disponible en français.

ISSN 2562-7015
© Queen's Printer for Ontario, 2019

Contents

Executive Chair's Message

Executive Director's Message

About Tribunals Ontario

Strategic Framework

Diversity, Inclusion and Accessibility

Professional Development

Assessment Review Board

Board of Negotiation

Conservation Review Board

Environmental Review Tribunal

Local Planning Appeal Tribunal

Mining and Lands Tribunal

Animal Care Review Board

Fire Safety Commission

Licence Appeal Tribunal

Ontario Civilian Police Commission

Ontario Parole Board

Child and Family Services Review Board

Criminal Injuries Compensation Board

Custody Review Board

Human Rights Tribunal

Landlord and Tenant Board

Ontario Special Education Tribunals

Social Benefits Tribunal

Financial Summary

Appendix A: Tribunals Ontario Appointees

Executive Chair's Message

At the start of 2019, we embarked on a historic transformation that began with the creation of a new organization, Tribunals Ontario. The foundation of the organization is the three justice clusters:

• Environment and Lands Tribunals Ontario (ELTO)
• Social Justice Tribunals Ontario (SJTO) and
• Safety Licensing Appeals and Standards Tribunals Ontario (SLASTO)

The Ontario Government announced that effective January 1, 2019, ELTO, SJTO, and SLASTO would be merged into one cluster, bringing 19 tribunals together. Merging these tribunals presented challenges, but even more importantly, it has resulted in new opportunities for the organization. The amalgamation created the opportunity to improve front-line service delivery to the thousands of people across the province who access the tribunals each year.

It is remarkable how each of the clusters have come together to work towards the common goal of early resolution. To achieve that, we have focused on leveraging digital and shared service models by using education and technology tools. For example, through case conferences and e-filing methods, we were able to efficiently and effectively drive early resolution and address existing caseloads.

I am proud that our adjudicators and staff continue to reflect the diversity of Ontario, and demonstrate that the organization has the knowledge, expertise and experience to fulfill its mandates. Our staff and adjudicators consistently demonstrate their commitment to ensure fairness and excellent service delivery to meet the needs of the public we serve.

I would like to take this opportunity to thank adjudicators and staff who continue to serve Ontario with professionalism and dedication. I look forward to furthering our progress in 2019-20.

Sincerely,

Linda P. Lamoureux
Executive Chair
Tribunals Ontario

Executive Director's Message

I am thrilled to share the successes of staff and members within the Tribunals Ontario 2018-19 Annual Report.

On April 1, 2019, I became the Executive Director of Tribunals Ontario and while I'm excited about the road ahead, I would like to acknowledge the leadership provided by my predecessor, Ellen Wexler. Over the past seven years, her guidance, expertise and commitment contributed to positive changes in how we provide administrative justice in the province.

Last year was marked by some very significant changes. On January 1, 2019, the three tribunal clusters were combined into one organization, Tribunals Ontario. This consolidation is an opportunity to think collaboratively about how we can improve access to our justice system and allows us to identify ways we can provide more efficient service to the people of Ontario.

With change also comes challenge. A special thank you to staff and members for their hard work during this transition and continuing to help people understand and navigate often complex processes and unfamiliar systems.

Serving the public is at the heart of the work we do. Each time staff or a member interacts with someone, we learn how we may better address their concerns and meet their needs. This year, the Animal Care Review Board began accepting verbal instructions and using plain language through the appeal process since the majority of individuals are self-represented. The Local Planning Appeal Tribunal also created appeal guides to help the public understand the process and better prepare them to appear before the tribunal.

We continue to look for opportunities to offer digital resources that support the diverse needs of the people who access our services. For example, we are harnessing technology to offer an online tax calculator to help people decide whether they should submit an appeal to the Assessment Review Board. We also created a step-by-step accessible video so applicants of the Social Benefits Tribunal understand the early resolution process.

These are just a few ways we are making it easier for the people of Ontario to access justice. I look forward to working with staff, members, Associate Chairs and the Executive Chair in the coming year to build on past successes and explore new ways to deliver better service to people all across Ontario.

Sincerely,

Holly Moran
Executive Director
Tribunals Ontario

About Tribunals Ontario

Tribunals Ontario was established on January 1, 2019, bringing together the three tribunal clusters – Environment and Land Tribunals Ontario, Social Justice Tribunals Ontario and Safety, Licensing Appeals and Standards Tribunals Ontario. As this consolidation occurred towards the end of the reporting period for the annual report, the information presented hereafter will be grouped by the former justice tribunal cluster.

Tribunals Ontario is responsible for these 19 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
• 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.

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 188 full-time members and 135 part-time members. Some members are appointed to more than one tribunal (see Appendix A for a full list of members).

Strategic Framework

Previously, the three former clusters were guided by independent sets of strategic directions that underpinned operational plans, key focus areas and initiatives.

While key initiatives pertaining to specific tribunals have continued during the transitional period of Tribunals Ontario, the new organization will be undertaking a review to establish a new streamlined set of strategic directions.

The new strategic directions will focus on the following outcomes:

• Maximized value for money for taxpayers and tribunal users
• Responsive and accountable to the people we serve
• One-window access
• Quicker resolution of disputes
• Increased user satisfaction
• Integrated services
• Consistent and comparable data

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.

To be more responsive to the needs of Indigenous peoples who appear before the tribunals, staff and management across the organization participated in the San'yas Indigenous Cultural Safety Training Program. This online learning program increased understanding of Indigenous peoples, promoted self-awareness of personal bias and how, as public servants, we can better support Indigenous peoples.

There was a continued focus across Tribunals Ontario on improving the accessibility of websites, digital content and e-Filing in accordance with the Integrated Accessibility Standards Regulation to ensure compliance with the Accessibility for Ontarians with Disabilities Act, 2005 and WCAG 2.0 Level AA. Tribunals Ontario also participates in the Active Offer program, which provides materials in alternative formats upon request.

In February 2019, Tribunals Ontario began work on developing an organization-wide French Language Service Policy that is expected to be implemented in the coming year. Training will be standardized to ensure that all tribunals in the organization are applying a consistent approach to the provision of French language services and that all staff and adjudicators (both French and English speaking) are a dequately trained on their responsibilities under the French Language Services Act.

Professional Development and Training

Tribunals Ontario delivered and supported several learning opportunities for staff and members to ensure they can support the delivery of equitable services including:

• A Diversity: The Power of Difference workshop for managers;
• Respectful Workplace/WDHP, and Diversity and Inclusion workshop;
• Healthy Workplace, Healthy Mind webcast screenings;
• Equity, Diversity and Inclusion keynote panel during the annual Society of Ontario Adjudicators and Regulators conference attended by Tribunals Ontario staff and OIC members; and
• Accessibility for Ontarians with Disabilities Act, Integrated Accessibility Standards Regulation and Human Rights Code obligations training for staff and managers.

Digital and Website

Tribunals Ontario continued to improve its digital presence and web content by:

• Creating an onboarding digital kit that includes information on the Employee Family Assistance Program, Centre for Employee Health, Safety and Wellness; and
• Updating the intranet with current information on health and wellness.
• Making over 1,500 decision documents accessible as part of the transition of Mining and Lands Tribunal to the Environment and Land Division;
• Updating accessibility resources and tools on the intranet for members and staff;
• Maintaining and updating information on the availability of accessibility features and assistive devices at each of its hearing locations.

Policy and Process

To ensure protocols are in place to allow for barrier-free public participation in the administrative and adjudicative process, Tribunals Ontario:

• Revised the Accessibility Policy and Multi-Year Accessibility Plan to ensure compliance with the Accessibility for Ontarians with Disabilities Act; and
• Improved how circle hearings - an alternative method to mainstream parole hearings that facilitates a culturally appropriate hearing process for Indigenous applicants - are conducted by the Ontario Parole Board.

Accommodation Requests

An improved process was implemented to provide the highest quality service delivery when further accessibility accommodations were requested. This process includes:

• Acknowledging receipt of a request within two business days;
• Notifying case management and hearing venues of the request;
• Arrangement of accessible services, such as American Sign Language and closed captioning, if necessary; and
• Notifying adjudicator(s) of any accessibility requests.

Professional Development

Professional development is an essential part of providing high-quality dispute resolution services at Tribunals Ontario. Supporting Order-in-Council (OIC) members and staff with ongoing training ensures they have the skills and knowledge to provide valuable services while delivering administrative justice in a fair, independent and timely manner.

The three divisions of Tribunals Ontario provided professional development opportunities through internal presentations and participation in external conferences, modules and initiatives. Areas of development included alternative dispute resolution, mediation, , decision writing, development of cultural competencies and career management.

Environment and Land Division (ELD)

In 2018-19, ELD welcomed members of the judiciary, the bar and the Ontario Public Service who spoke to staff and members about:

• Effective decision making to enhance the decision making and writing skills of board and tribunal members;
• Inclusive and accessible adjudication to heighten member awareness of Ontario's cultural diversity and to provide them with tools to ensure cultural equity in the hearing room;
• Conversion to electronic files to help achieve OPS Green Initiative goals; and
• Questioning of Expert Witnesses, which is a requirement created by the Local Planning Appeal Tribunal's new enabling legislation.

To support staff development, ELD held a workshop on digital innovation with a presenter from the Ministry of the Attorney General.

To learn more about the First Peoples of Canada and the treaties that were signed, a Lunch and Learn session was organized by the Communications team and attended by staff and members alike. Similarly, staff also participated in the online San'yas Indigenous Cultural Safety Program, to increase understanding of personal bias towards Indigenous peoples and how as public servants we can shape programs and services in concert with Indigenous peoples.

Safety, Licensing Appeals and Standards Division (SLASD)

In 2018, SLASD successfully implemented a robust training framework to enhance staff and OIC members' expertise, capacity, knowledge and service to the public. The high-level strategy consists of an integrated professional development and onboarding program and provides foundational training and resources for staff and OIC members to perform their duties.

Over the past year, SLASD held several sessions for both staff and members focusing on:

• Administrative Law & Practice on plenaries including Administrative Law basics, Emerging Legislation and Alternative Dispute Resolution;
• Decision Writing to educate members on structuring decisions, making strategic organizational choices, and improving clarity;
• Privacy and Access to Information to update all staff andmembers on Tribunal Ontario's new policy on access to information including FIPPA, open court principle, restrictions on access, confidentiality orders and legal framework;
• Client Service Excellence so staff andmembers are prepared to support clients living with mental health issues or dementia which aligns with the OPS common service standards.

Social Justice Division (SJD)

The new members training program was delivered to 23 new or cross-appointed members in 2018-19. The three-module process included executive office orientation, tribunal specific training, job shadowing, adjudicative skills and social and cultural context to learn about the challenges facing clients.

Additional professional development initiatives included:

• Training on the new Child, Youth and Family Services Act;
• Staff training on Above Guideline Increases, rules regarding co-op applications and hearings and the Residential Tenancies Act and landlord and tenant rights and obligations;
• Watching a webcast of the Ontario Bar Association's Annual Human Rights Update;
• Attending a symposium on fairness, mental health and the administrative process held by Osgoode Hall Law School and the Centre for Addiction and Mental Health; and
• Holding "Demystifying the Recruitment Process" panels which included a Director of Operations, a Manager and representatives from the Talent Acquisition Board.

In a continuing effort to be more responsive to the needs of Indigenous peoples who appear before the tribunals, staff attended and Indigenous Cultural Competency workshop hosted by the Ministry of Children and Youth Services and the Ministry of Community and Social Services. There was division-wide participation in the San'yas Indigenous Cultural Safety Program, a web-basedlearning program designed to increase understanding of Indigenous peoples, increase self-awarenessand strengthen skills for any person working directly or indirectly with Indigenous peoples.

Other topics covered included: French language services - Active offer, Gender Equality, Access to Justice, Indigenous Services Circle Hearings and Gladue considerations.

In May of 2019, the training units across all three divisions were merged together to provide integrated professional development and training for members and staff of Tribunals Ontario, the results of which will be reported in the next Annual Report.

Environment and Land Division

Assessment Review Board

The Assessment Review Board's (ARB) primary role is to adjudicate applications and appeals on property assessments, classifications and some tax matters.

The ARB's jurisdiction and its authority are derived 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

In line with the government's digital-first approach to delivering services, the ARB continued to focus on the use of electronic and written hearings. It also launched a new digital tax calculator that estimates the potential savings from a change in property assessment.

With the introduction of the Strategic Plan to Resolve Appeals for the 2017–20 assessment cycle, the ARB successfully resolved 92 per cent of summary appeals within 40 weeks of their commencement date.

The ARB also introduced the "Expedited Process for Motions," which streamlined the process so that a decision on a motion could be made the same day it was received. This process resulted in increased efficiencies and improved service to clients.

Statistics

Note: The above figures include assessment appeals to annual assessments, omitted assessments, supplementaryassessments and correction of errors in the assessment roll. The current four-year assessment cycle is 2017-2020.

* Deeming: When the ARB has not resolved an assessment appeal by March 31st of the year following the year under appeal, anew appeal will be created for the next tax year. For example, if a decision on a 2017 appeal is not issued by March 31, 2018, a new appeal would be created for the 2018 tax year without the appellant submitting another appeal and paying additional fees. The 2018 appeal would be considered the "deemed" appeal.

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

In 2018-19, the BON introduced a proactive measure to close cases that were inactive for more than six months to more accurately represent the number of cases ready for mediation.

To reduce the amount of cancelled mediations, the BON requires parties submit materials before mediation is scheduled.

Consistent with the government's digital-first approach to delivering services, the BON established a new "best practice" for materials to be submitted electronically.

Statistics

Conservation Review Board

The Conservation Review Board (CRB) adjudicates 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 and the Statutory Powers Procedure Act.

Operational Highlights

To improve accessibility and electronic document collection, the CRB updated its document referral checklist. This improved checklist, used by municipalities to compile the necessary documents to begin a CRB proceeding, greatly enhanced the efficiency of the appeal process.

The CRB also processed almost double the number of cases from the last fiscal year while continuing to meet its service standard of issuing its reports and orders within 30 days of the hearing event.

Statistics

Note: Withdrawals are often the result of a settlement of the issues among the parties.

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

As a result of changes in government policy in 2018-19, the ERT received and heard the last case of a total of 60 renewable energy approval cases received over the past eight years under the Environmental Protection Act. Over that period, the ERT successfully processed all these appeals andmet the strict statutory timeline for disposing of these matters in every case.

As well, the second phase of the ERT's appeal guides update project was completed. The updated guides have enhanced accessibility features and provide better support for the public in understanding the ERT's processes.

For the third consecutive year, the ERT met its service standard of issuing its orders and decisions within 60 days of the hearing event. This past fiscal year, the ERT exceeded its performance by meeting the target 97 per cent of the time.

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.

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: 

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

Operational Highlights

The proclamation of Bill 139 on April 3, 2018, created a new appeal system for major Planning Act appeals which resulted in a fundamental change to adjudicative and administrative practices and procedures. 

To implement the new legislation, administrative screening was undertaken for all major Planning Act appeals, to assess whether the appeal satisfied the statutory test of consistency or conformity with Provincial Policy. New operational processes were also introduced in the Rules of Practice and Procedure to enable the Tribunal to assess the merits of the appeal. These measures ensured operational efficiencies in support of the introduction of mandatory case management conferences. To ensure the new legislated timelines were met, LPAT also implemented tools to track cases.

Extensive work was done to develop a strategy and tactics to address the legacy appeals filed before Bill 139, including the use of hearing plans and initiating a process to improve scheduling so appeals can bedealt with more efficiently.

Digital resources including appeal guides were created and posted to the website to support self-service options to help the public understand the new process. The appeal forms were also updated to improve accessibility and efficiency.

* An increase in the number of complex and lengthy proceedings, combined with a low number of adjudicators, contributed to LPAT not meeting its performance target. The recruitment of more adjudicators is planned for the next fiscal year.

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. On April 1, 2018, the Office of the Mining and Lands Commissioner (OMLC) was renamed the Mining and Lands Tribunal (MLT) and joined the Environment and Land Division (ELD) becoming their sixth tribunal.

The Mining and Lands Tribunal 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 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

To help the public better understand the role of MLT and its transition to ELTO, a new website with updated content and information was created. As well, more than 1,500 decisions were migrated to the new website and converted into accessible formats for stakeholders and the public.

Safety, Licensing Appeals and Standards Division

Animal Care Review Board

The Animal Care Review Board (ACRB) resolves disputes and conducts hearings regarding animal welfare, including orders made by inspectors of the Ontario Society for the Prevention of Cruelty to Animals (OSPCA). 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 Ontario Society for the Prevention of Cruelty to Animals Act (OSPCA Act).

Operational Highlights

As a result of a significant increase in caseload, the ACRB updated electronic filing methods to ensure staff and members were able to find key documents without delaying the process or proceedings.

The ACRB also adopted a streamlined approach to manage active appeals and utilized case conferences to explain legislative requirements, clarify parties’ positions, narrow the parties’ issues, and engage in discussions that focused on resolving the matter without resorting to hearing. The ACRB saw a 100 per cent early resolution rate, with all matters resolved prior to the hearing. 

* N/A – Not applicable as no decisions were released during this period.

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 (FPPA).

Operational Highlights

The FSC worked closely with stakeholders to determine ways to communicate more efficiently and effectively about active cases. These consultations resulted in the FSC updating electronic filing methods.

Active appeals were managed using a streamlined approach where case conferences were used to clarify parties’ positions and issues and discuss whether the matter could be resolved without a hearing. The FSC saw an 86 per cent early resolution rate, with most matters resolved prior to a hearing.

* A number of factors contributed to delays in issuing decisions in some cases, including: complexity of cases that involve technical interpretation and application of the Fire Code; a statutory requirement for a three-member panel lengthens the peer and legal review process; an inability to allocate full-time adjudicative resources to the operations with a part-time OIC membership. The FSC has taken steps to track and expedite the decision-writing and approval process.

** The FSC have demonstrated significant improvement in decision writing timelines. In 2018-19, nearly half of its decisions were released within seven days and 100% of decisions were released within 90 days.

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 those activities of delegated administrative authorities. The LAT is currently comprised of two main divisions: the General Service (LAT-GS) and the Automobile Accident Benefits Service (LAT-AABS).

LAT’s jurisdiction and authority are derived from:

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

Operational Highlights

Because of a review of adjudicative tribunal best practices, the LAT amended Rule 18, Reconsideration of a Tribunal Decision, in the Common Rules of Practice, to ensure matters properly requiring review are addressed through a more focused and efficient process. The LAT will continue to engage in consultations to address issues and maintain an open dialogue to meet the needs of all stakeholders.

The number of appeals filed to LAT-GS increased approximately 20 per cent over the previous fiscal period, and approximately 30 per cent to LAT-AABS. Overall, LAT consistently maintained a 90 per cent early resolution rate within nine months of filing, which can be attributed to the tribunal employing a significant strategy in service delivery to facilitate early resolution between the parties.

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

LAT-AABS Performance Measures

* Tribunal data indicates the vast majority of case conferences are scheduled between 16 and 18 weeks from time of receipt. Scheduling case conferences prior to that timeframe results in a very significant number of reschedule requests from parties due to their availability and efforts to gather pertinent information. During this initial period, parties are also afforded time to resolve matters themselves. We will be examining whether this is the correct performance measure in light of stakeholder feedback and the high success with the early resolution rate.

Figures may have changed moderately from previous publications due to changes and updates to the case management system.

* Figures updated April 30, 2019.

** Figure reflects the number of cases that were closed administratively, dismissed, withdrawn or settled prior to the conclu-sion of a hearing.

Ontario Civilian Police Commission

The 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.

The OCPC’s jurisdiction and authority are derived from the Police Services Act(PSA).

Operational Highlights

The OCPC received a higher number of requests for investigations. Many of these requests were complex and related to high-profile public concerns, including an investigation involving the Thunder Bay Police Services Board. Due to the significant public interest in this matter, a comprehensive investigative report was released in December 2018 to demonstrate transparency with OCPC’s findings. 

The OCPC introduced the ability to submit large electronic materials up to 300 MB in size using the Enterprise Attachment Transfer Service (EATS). This modernized how the Commission conducts business, decreased the amount of paper used and is a more efficient and accessible approach to delivering services.

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

** The OCPC maintains the ability to schedule case conferences within one week of the parties being ready; however, due to the schedules of counsel involved meeting the above targets is difficult. Also when a party brings forward a motion at the case conference, the OCPC is required to deal with the motion prior to the hearing, which could cause further delays.

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

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

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

To continue to support the transition towards independence, the OPB began collecting its own data effective April 2018. This allows the OPB to maintain consistency in statistical data collection and analysis, and allows for greater transparency to the public through the posting of information in open data. 

To improve access to file information and reduce reliance on paper, OPB files are now provided to members electronically, in advance of hearings. This business improvement optimizes the use of technology and strengthens the process and substance of decision-making.

To improve accuracy of statistical analysis and improve operational planning and reporting, the OPB updated process maps to capture and outline operational and adjudicative actions taken throughout various proceedings, e.g. parole hearings, applications for assistance and member assignments.

To move towards an applicant-focused approach with a comprehensive decision-making model, a Memorandum of Understanding (MOU) was signed with Aboriginal Legal Services (ALS) to allow, on consent, ALS to provide Gladue-relevant information and release plan information for use in an Indigenous applicant’s conditional release hearing.

Note: In some cases, further time may be needed due to technical or operational issues within the institution or if furthertime is required to prepare the written decision.

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

* Differences in how the OPB accounts for applications received and decisions rendered 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.

Social Justice Division

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

Following a successful pilot in 2017-18, a panel of mediators and adjudicators, with expertise in children and youth matters, heard over 185 child and youth cases from the Human Rights Tribunal of Ontario in addition to applications from the Child and Family Services Review Board, the Custody Review Board, and the Ontario Special Education Tribunals. 

On April 30, 2018, the new Child, Youth and Family Services Act (CYFSA), 2017 replaced the Child and Family Services Act. The CFSRB also amended its forms and Rules of Procedure to reflect the changes inlegislation and as part of our ongoing commitment to improving access to the Board.

* Whether standard has been met or not.

* Whether standard has been met or not.

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 the crime.

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

Operational Highlights

As of January 22, 2019, the CICB began publishing its decisions (2017–present) on the Canadian Legal Information Institute (CanLII) website to deliver on its commitment to access, transparency and theopen court principle. The decisions do not include any personal information and are only published after they have been sent to the parties. Decisions subject to a publication ban are not published.

The CICB continued to process cases more quickly because of new procedures implemented in late 2017-18, which include:

• Streamlining case processing for applications related to sexual and domestic violence and child abuse;
• Allowing police witnesses to make submissions in writing or attend the hearing by phone instead of requiring them to appear in person;
• A shorter, anonymized decision format;
• Updating criteria for determining hearing formats which has resulted in more cases being scheduled for a written, telephone and video hearings.

As a result of these changes, the CICB held 26 per cent more hearings in 2018-19, reduced case processing timelines by six per cent, and reduced member travel, resulting in travel costs savings of 27 per cent.

In 2018, the CICB adopted four new practice directions to help parties better understand the rules and process.

* CICB may at any time re-open a case to vary an order for payment of compensation (Sec. 25. of CVCA).

Note: The increase in awards in 2018-19 is directly related to the increase in the number of hearings held.

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

** Whether or not standard is met.

Custody Review Board

The Custody Review Board (CRB) reviews placement decisions regarding young persons being held in detention or custody and makes recommendations to the Provincial Director regarding the placement of youth.

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

Operational Highlights

To ensure immediate response to youth contacting the CRB, a single dedicated phone line provides direct access to four case processing officers from 8:30 a.m. to 5 p.m., Monday to Friday. This high level of responsiveness is critical, as youth in facilities have limited telephone access.

Statistics

* Whether standard has been met or not.

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 2018, the HRTO introduced a new case processing system where a vice-chair is assigned to each application. That member will manage all adjudicative matters from the time an application is received until the file is closed, which improves the efficiency of case processing and issuing of decisions.

The HRTO launched new case tracking system to improve case management and file tracking. It also launched new practice directions to improve the management of case conference calls at the hearing stage.

A new procedures manual was also developed to support a new team case processing model as well as updates to procedures manuals for operational departments including intake, scheduling and adjudicative support.

Strategic and operational plans were developed to support improvements to accessibility and to streamline processes at the HRTO. Staff worked on updating online forms and prepared to roll out a mediation blitz which would process over 800 mediations over a three-month period. 

* In 2018-19, the HRTO issued 1,838 Case Assessment Directions, which helped the parties prepare for the hearing.

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

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

* Whether standard has been met or not.

* Whether standard has been met or not.

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 is also mandated to provide information to landlords and tenants about their rights and responsibilities under the Residential Tenancies Act (RTA).

The LTB’s authority and jurisdiction are derived from the Residential Tenancies Act.

Operational Highlights

To ensure fairness and equity, in September 2018, the LTB began processing applications according to the date received, regardless of whether the application was dropped off in-person at an LTB office or received by mail or by fax.

In October 2018, a new instructional video, E-File with the Landlord and Tenant Board: A Video was posted to the LTB website. The step-by-step, animated video clarifies the electronic filing process, especially for first-time users.

The LTB Rules of Procedure were extensively reformatted with changes that included: allowing the use of a declaration instead of an affidavit, allowing parties to give each other certain documents by email where they both agree and removing the requirement that co-operatives serve applications. 

In fall 2018, the LTB created a small team of staff dedicated to managing phone inquiries which resulted in greater efficiency. To provide better service to the public, information about the “best times to call” were also posted on the website.

* The totals include non-profit co-operative housing eviction applications. 

** The majority of applications - 61% - are resolved at hearing (ordered by hearing contested or uncontested, or ordered by review), through mediation - 13.5% (mediated or ordered by hearing mediated) and through withdrawals - 12%. 

*** 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 of 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”.

Service Standards

The LTB changed its service standards on December 31, 2017. Recognizing that the time to schedule, hear and issue an order is impacted by the complexity of the application, the LTB has shifted from a single service standard to two categories:

Request for Reviews

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

In 2018-19, the OSETs began processing appeals electronically to ensure efficiency of service and to reduce costs.

Statistics

In 2018-19, the Ontario Special Education Tribunal (English) received four appeals. One settled through mediation/adjudication, one was closed because it was incomplete, one was closed by decision for no jurisdiction, and one was withdrawn. The Ontario Special Education Tribunal (French) did not receive any appeals in 2018-19.

Social Benefits Tribunal

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

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

Operational Highlights

To build on the practice of accepting electronic submissions from legal clinics and respondent offices, the SBT expanded this initiative in July 2018, by accepting electronic submissions from unrepresented appellants. To support this change, the SBT added a new Practice Direction on Communicating with the Social Benefits Tribunal, a new Form 10: Consent to Communicate by Email, and updated its Rules of Procedure.

To help explain SBT processes to the public, two new step-by-step accessible videos, Early Resolution Opportunities: A Video Guide and Interim Assistance: A Video Guide, were posted to the SBT’s websitein October 2018.

The SBT continues to improve the Early Resolution Opportunity program (ERO) which aims to help parties resolve the appeal without a hearing. This program provides the opportunity to resolve appeals as early as one month after they are filed. In 2018-19, the SBT held 2,167 ERO sessions. The settlement rate was 43 per cent.

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

** 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.

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

** 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.

Financial Summary

Tribunals Ontario was established on January 1, 2019, bringing together the three tribunal clusters – Environment and Land Tribunals Ontario, Safety, Licensing Appeals and Standards Tribunals Ontario and Social Justice Tribunals Ontario. As this consolidation occurred towards the end of the reporting period for the annual report, the expenditures and revenues are shown for each former cluster.

To support the government’s commitment to working more efficiently, Tribunals Ontario implemented the following initiatives during the last quarter of the 2018-19 fiscal year: 

• Reducing the number of Executive Chairs to one
• Consolidating the three clusters’ Executive Office, Communications, Legal and Strategic Business Services groups
• Cross-appointing Order-In-Council Members and Associate Chairs
• Eliminating dual phone services
• Streamlining regional office operations

Tribunals Ontario will continue to review its business practices to ensure effective use of its resources and identify efficiencies. This includes modernizing and streamlining practices and improving processes to deliver better service for people across the province.

Environment and Land Division

* Note: 2017 was the first year of a four-year reassessment cycle, which led to an increase in the number of new ARB appealsreceived, and an increase in overall revenue for that year. ARB filing fees also increased on January 1, 2017, while LPAT (formerly known as OMB) filing fees increased on July 1, 2016.

The chart above shows the combined revenues for ELD, including filing fees collected by the Assessment Review Board (ARB) and the Ontario Municipal Board (OMB). The fees collected are remitted to the Consolidated Revenue Fund.

LAT collects revenue from application filing fees. There are no filing fees for the other tribunals in SLASD.

As of April 1, 2016, LAT 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 SLASD for application filing fees and LAT-AABS is transferred to the Consolidated Revenue Fund.

Social Justice Division

* The caseload for CICB increased by 14% in 2018-19 resulting in an increase in transfer payments.

In 2018-19, CICB deposited $220,126 in the consolidated revenue fund for monies recovered by applicants through civil actions, pursuant to s.26(5.1) of the CVCA.

* The LTB application fees increased on January 16, 2017.

The LTB collects revenue primarily from application filing fees. A small amount of revenue is generated through sales of photocopies, copies of hearing recordings, etc. There are no filing fees for the other tribunals in SJD. Revenue received by SJD is transferred to the Consolidated Revenue Fund.

* Persons appointed in their professional capacity as required by statute or on a labour-related Board.

Appendix A: Tribunals Ontario Appointees

In 2018-19, 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 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.

* Indicates appointees who were no longer with ELTO / ELD as of March 31, 2019, or whose position at ELTO / ELD changed in the 2018-19 fiscal year.

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

* Indicates appointees who were no longer with SLASTO / SLASD as of March 31, 2019, or whose position at SLASTO / SLASD changed in the 2018-19 fiscal year.

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

* Indicates appointees who were no longer with SJTO / SJD as of March 31, 2019, or whose position at SJTO / SJD changed in the 2018-19 fiscal year.

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