Vice Chair: Position Description
Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

Introduction

The purpose of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 (“ATAGAA”) is to ensure that adjudicative tribunals are accountable, transparent and efficient in their operations, while remaining independent in their decision-making.

Tribunals Ontario has developed documents to meet the legislative requirements of the ATAGAA.

Section 7 of the ATAGAA requires that every adjudicative tribunal shall develop a member accountability framework. The framework must contain, among other things, a description of the functions of the Members, Vice Chairs and Associate Chairs of the constituent tribunals. It also must contain a description of the skills, knowledge, experience and other attributes and specific qualifications required of a person to be appointed as a member of the tribunal. This position description pertains to a Vice Chair.

Purpose

Vice Chairs are Members appointed to one or more of Tribunals Ontario’s constituent tribunals (Animal Care Review Board, Assessment Review Board, Child and Family Services Review Board/Custody Review Board, Criminal Injuries Compensation Board, Fire Safety Commission, Human Rights Tribunal of Ontario, Landlord and Tenant Board, Ontario Civilian Police Commission, Ontario Parole Board, Ontario Special Education Tribunals (En/Fr) and Social Benefits Tribunal) and have a Member’s duties and responsibilities.

In addition, Vice Chairs may be assigned, where applicable, a range of dispute resolution, risk and public safety assessment, investigative, decision-making and supervisory functions and specific duties to enhance dispute resolution, assessment, investigative and decision-making excellence, and the efficiency and the effectiveness of one or more of Tribunals Ontario’s constituent tribunals.

Key Duties

In addition to the duties outlined in the Member position description and as assigned from time-to-time by the Executive Chair or an Associate Chair, a Vice Chair, where appropriate:

• Conducts and/or facilitates a range of dispute resolution, assessment, investigative and decision-making processes and may perform supervisory functions involving complex or novel issues of law or procedure.


• Contributes to the jurisprudential leadership of one or more tribunals.


• Serves as a Team Leader, and in that capacity may:


• Provide day-to-day guidance, assistance and mentorship to Members or Vice Chairs assigned to his/her team;


• Participate in the assignment of work to team members;


• Participate in the peer review of decisions drafted by team members while reinforcing their responsibility for the ultimate decision and avoiding any undue interference with the substance of their decision;


• Participate in the performance assessment of team members; and


• Provide input into the response to public complaints regarding Members.


• Conducts reconsiderations of tribunal decisions, where appropriate.


• Leads training and development programs and projects as assigned across Tribunals Ontario.


• Plays a role in enhancing the reputation and standing of Tribunals Ontario with the public and in the justice community by maintaining positive, productive and appropriate relationships with stakeholders and all interests appearing before Tribunals Ontario, and with other tribunals, and participating in assigned activities for these purposes.


• Contributes to efforts to advance the effectiveness, efficiency and fairness of Tribunals Ontario rules and processes, dispute resolution, assessment, investigative and decision-making excellence and access to justice by participating in, or leading (if so assigned), efforts to effect change.


• Leads committees and undertakes special projects and assignments.


• When so assigned by the Executive Chair, acts in the place of an Associate Chair who is absent or unable to act.

Qualifications

A Vice Chair will have all of the qualifications of a Member plus the following, where appropriate:

• Leadership skills, tact, judgment to guide, mentor, assign, review and support teams of Members and Vice Chairs outside of a formal reporting relationship.


• In-depth understanding of the professional, institutional, policy and community context in which Tribunals Ontario operates.


• Detailed understanding of the jurisprudence and rules of the tribunal(s) of which they are a Member and of the work, policies and procedures of Tribunals Ontario’s other constituent tribunals.


• Comprehensive practical knowledge of the continuum of dispute resolution, assessment, investigative and decision-making practices to mentor and coach others and to recommend options for change.


• Advanced dispute resolution, assessment, investigative, decision-making and analytical skills to resolve complex matters involving multiple interests, under public scrutiny.


• Effective communication, interpersonal and mentoring skills to positively influence and communicate with staff and stakeholders.


• Superior writing skills to communicate, review and comment on complex decisions in a manner that is clear, concise and well-reasoned.


• Knowledge of and commitment to Tribunals Ontario governance practices.

Alternative Formats

This position description is available in various accessible formats including Braille, audio tape and large print. For alternative format or a paper copy, please contact the Office of the Executive Chair, Tribunals Ontario.

Adoption

This position description will be reviewed every 3 years along with the other documentation required by ATAGAA.

This position description was adopted by the Executive Chair, Sean Weir, on August 31, 2020.