Terms of Reference for the
Human Rights Tribunal of Ontario
Practice Advisory Committee

1. The Human Rights Tribunal of Ontario (the "HRTO") has established an HRTO Practice Advisory Committee (the "Committee") whose mandate is to function as a resource to the HRTO for consultation and feedback regarding:

   • HRTO policies;
   • HRTO practices;
   • HRTO rules;
   • HRTO practice directions; and
   • HRTO services.

   The Committee's focus is on the effectiveness of the above in carrying out the HRTO's mandate to provide fair, just and expeditious process for the resolution (by way of mediation or adjudication) of proceedings before it.

2. The Committee is not intended to be a forum for the discussion of:

   1. the merits of individual cases;
   2. substantive issues of law, or
   3. proposed or possible legislative amendments, white papers or regulations.

3. The Committee shall be available to the HRTO for consultation regarding HRTO appointments having regard to the Code requirement that members be appointed through a competitive process in which candidates are assessed on criteria which include experience, knowledge or training with respect to human rights law and issues, aptitude for impartial adjudication, and aptitude for applying alternative adjudicative practices and procedures.

4. The composition of the Committee should be renewed regularly to reflect the range of representatives appearing before the HRTO, including non-lawyer representatives, and the diversity of those involved in HRTO proceedings.

5. The Committee will have two (2) co-chairs one representing the perspective of applicants and one representing the perspective of respondents. The co-chairs will be selected by the HRTO Associate Chair to serve a term of up to three (3) years and may be invited to serve additional terms of up to three (3) years.

6. The Committee shall be composed of the following members:

   1. the co-chairs;
   2. the HRTO Associate Chair and one person from the HRTO designated by the Associate Chair;
   3. six persons who regularly appear or represent parties before the HRTO with three taken from those who regularly appear or represent applicants and three taken from those who regularly appear or represent respondents.
   4. a representative from the Ontario Human Rights Commission (OHRC);
   5. a representative from the Human Rights Legal Support Centre (HRLSC);
   6. a representative from the Constitutional Law Branch, Ministry of the Attorney General; and,
   7. a member of the executive of a relevant section of the Ontario Bar Association ("OBA") who is not employed as an arbitrator, HRTO member or otherwise as an adjudicator, who shall sit as an ex-officio member of the Committee.

7. Committee members selected under 6c will be selected by the co-chairs through an invitation to express an interest in serving on the Committee posted on the HRTO website.

8. Committee members selected under 6c will serve a term of up two (2) years, with the proviso that the timing of initial terms will be staggered to ensure continuity. Members may be invited to serve a second term of up to two (2) years. Members who wish to serve for further terms must express an interest in filling a vacancy through the process set out in paragraph 7.

9. The Committee shall meet at least three (3) times per year.

10. In order that the Committee may function in an atmosphere that encourages candour, members of the Committee will maintain reasonable discretion and confidentiality with respect to Committee discussions.

11. Committee representatives designated by the co-chairs will participate in any Tribunal consultation with users of the HRTO's services to further the Committee's effectiveness as a resource to the HRTO.