Tribunals in Ontario
What is a Tribunal?
In Canada, a tribunal is established by the Provincial or Federal government and they hold the authority to judge, adjudicate and hear disputes regarding specific claims or matters. A tribunal will normally specialize in the types of claims heard in order to streamline the process.
The operation of a tribunal normally falls under Administrative law, and they are governed by administrative guidelines and legislation. Tribunals are meant to be independent and separate from the court system, less expensive, and more accessible than the average court process from beginning to end.
How Many Tribunals are There in Ontario?
There are currently fourteen tribunals in Ontario. Each tribunal represents specific topics that are governed by law. They are intended to provide people with a fair and accessible form of dispute resolution and serve a great purpose in society. The fourteen tribunals are:
Assessment Review Board
Animal Care Review Board
Child and Family Services Review Board
Criminal Injuries Compensation Board***
Custody Review Board
Fire Safety Commission
Human Rights Tribunal of Ontario
Landlord and Tenant Board
Licence Appeal Tribunal
Ontario Civilian Police Commission
Ontario Parole Board
Ontario Special Education Tribunal (English)
Ontario Special Education Tribunal (French)
Social Benefits Tribunal
Since each tribunal operates independent of other tribunals, it is important to understand the legislative policies and procedures that govern the specific tribunal.
Assessment Review Board
The Assessment Review Board is governed by the Assessment Act and hears appeals regarding property taxes and property assessments. If an individual disagrees with the determined value of their property after an assessment, or disagrees with the amount of property taxes established, they are within their right to file an appeal with the Assessment Review Board.
The Municipal Property Assessment Corporation is the organization that handles the assessment and classification of all properties in Ontario. This data is then provided to the different municipalities to determine property taxes.
Animal Care Review Board
The Animal Care Review Board handles hearings that deal with animal welfare and also hears appeals of orders made by the Chief Animal Welfare Inspector. The Board can confirm, revoke, modify and even order that an animal be removed by an animal welfare inspector. They can also order that an animal that was previously removed by an inspector be returned to the owner of the animal.
The Chief Animal Welfare Inspector is appointed by the Solicitor General and also accountable to the Solicitor General. Provincial animal welfare inspectors are accountable to the Chief Animal Welfare Inspector. If you know an animal that is in distress or being harmed, call 1-833-9-ANIMAL.
Child and Family Services Review Board
The Child and Family Services Review Board conducts hearings on matters that affect children, youth and families in Ontario. Matters they review include: decisions made by Children’s Aid Society, residential placements of children in care, a Director’s decision to refuse a person eligibility to adopt from outside of Canada and many more.
The members of this tribunal hold diverse backgrounds in law, mental health, social services and education. With such diverse backgrounds, the hope is that the community is better heard and served.
Criminal Injuries Compensation Board
***In 2019, it was announced that the Criminal Injuries Compensation Board would be shutting down with a closing date of December 31, 2021. Once this Board closes, the Victims and Vulnerable Persons Division (VVPD) of the Ministry of the Attorney General will be responsible for providing payments to eligible applicants.
The Criminal Injuries Compensation Board assesses and then awards financial compensation to victims and family members of deceased victims of violent crimes that have been committed in Ontario. The Board is able to compensate victims for loss of income, pain and suffering, funeral expenses, and any other costs that are the result of being a victim of the specific crime.
Custody Review Board
This Board hears applications and also makes recommendations on the placement of young people that are in custody or detention. They operate under the legal jurisdiction of the Child and Family Services Act and the Youth Criminal Justice Act. A young person that has been charged with an offence that occurred while they were under the age of 18 may be able to apply to the Custody Review Board.
Their application can ask for the review of a number of issues including the youth justice placement where the youth is being held, the transfer from an open custody facility to a secure custody facility, and the decision made by the Provincial Director to deny a youth’s request for a temporary release or reintegration leave from the facility.
Fire Safety Commission
The Fire Safety Commission hears disputes and conducts hearings on matters that deal with fire safety. They also conduct hearings on orders made by inspectors or the Fire Marshal regarding repairs or alterations and installations. This Commission is governed under the Fire Protection and Prevention Act. The Fire Safety Commission also has the power to authorize an inspector to complete work under a specific order, or confirm or rescind an order to pay costs.
Human Rights Tribunal of Ontario
The Human Rights Tribunal of Ontario hears matters dealing with discrimination and harassment. These claims are brought under the Human Rights Code. This tribunal typically offers parties the chance to settle their disputes through mediation which is a form of alternate dispute resolution. The Human Rights Code protects people in Ontario from discrimination and harassment in five different areas: contracts, goods, services and facilities, membership in trade and vocational associations, employment, and accommodation/housing.
The Code also prohibits any form of discrimination or harassment on any of the following grounds: race, colour, ancestry, place of origin, citizenship, ethnic origin, disability, creed, sex (including sexual harassment and pregnancy), sexual orientation, gender identity, gender expression, family status, marital status, age, receipt of public assistance (only regarding housing claims), and record of offences (only regarding employment and criminal convictions that a person has received a pardon).
The Code also prohibits discrimination against an individual because they have a relationship or association with someone who is identified under one of the prohibited grounds.
Landlord and Tenant Board
The Landlord and Tenant Board was created by the Residential Tenancies Act and was intended to give both residential tenants and landlords rights and responsibilities to follow. Should these responsibilities be contravened, the Residential Tenancies Act provides a process for what the consequences will be.
The Board is in place to resolve disputes between landlords and tenants using mediation or adjudication. They also work to resolve eviction applications from housing co-ops and lastly, the Board provides information to all parties regarding their rights and responsibilities.
License Appeal Tribunal
This tribunal resolves disputes that concern compensation claims and licensing activities that are governed by the provincial government. Their two main divisions are the General Service and the Automobile Accident Benefits Service. The General Service oversees a large range of legislation and case types, whereas the Automobile Accident Benefits Service specifically operates under the Insurance Act and the Statutory Accident Benefits Schedule.
The Benefits Service is focused on resolving disputes surrounding an insured person’s entitlement to a statutory motor vehicle accident benefit.
Ontario Civilian Police Commission
The Ontario Civilian Police Commission hears appeals and resolves disputes that deal with the oversight and provision of policing services. In order to reach a resolve, the Commission also conducts investigations. They receive their powers from the Police Services Act, and specifically section 22(1) of the Act. In Ontario, there are three civilian police oversight agencies: The Special Investigations Unit, the Office of the Independent Police Review Director, and the Ontario Civilian Police Commission.
The Special Investigations Unit investigates police-involved incidents of death, serious injury, and sexual assault. The Office of the Independent Police Review Director receives and manages public complaints about the police in Ontario. The Ontario Civilian Police Commission has two divisions: Adjudicative and Investigative.
The Adjudicative branch deals with appeals of disciplinary matters whereas the Investigative branch deals with investigations, inquiries and public complaints dealing with the conduct of police chiefs, officers, special constables and police service boards.
Ontario Parole Board
The Ontario Parole Board makes parole decisions for individuals that are serving a sentence of less than two years in a provincial correctional institution. The Board also hears applications for temporary absences from an institution greater than 72 hours. They can also grant or deny parole, suspend a parolee’s parole, authorize the re-committal of the parolee to custody, lift the suspension of the parole or cancel the temporary absence that has already been granted.
Ontario Special Education Tribunal (English)
This tribunal hears appeals made by parents and guardians who are not satisfied with the school board’s identification or placement of a child with learning needs. This tribunal serves as a way for parents and guardians to express their grievances regarding the school boards assisting their child with special learning needs. The English stream of the Ontario Special Education Tribunal hears appeals from decisions made by the English Public and Catholic School Boards.
Ontario Special Education Tribunal (French)
The French stream of this tribunal serves the same purpose as the English stream found above, except they hear appeals from decisions made by French Public and Catholic School Boards.
Social Benefits Tribunal
The Social Benefits Tribunals hears appeals made by individuals who have either been refused social assistance or disagree with a decision that affects their eligibility, payment amount, or benefits. The tribunal is established under the Ontario Works Act and appeals are heard under this Act and the Ontario Disability Support Program Act. In order to appeal to the Social Benefits Tribunal, an applicant must first request an internal review from the office that made the decision.
These are the fourteen tribunals that operate in Ontario. They all serve a unique person and specialize in certain matters to provide applicants with accessibility, transparency, fairness, and resolutions in a timely manner. To learn more about the Ontario tribunals, visit https://tribunalsontario.ca/en/.
