Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, S.O. 2009, c. 33, Sched. 5

• Jurisdiction: Ontario

Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009

S.o. 2009, chapter 33
Schedule 5

Consolidation Period: From May 1, 2019 to the e-Laws currency date.

Last amendment: 2018, c. 17, Sched. 35, s. 16.

Purpose and Interpretation

Purpose

1 The purpose of this Act is to ensure that adjudicative tribunals are accountable, transparent and efficient in their operations while remaining independent in their decision-making. 2009, c. 33, Sched. 5, s. 1.

Definitions

2 In this Act,

“adjudicative tribunal” means an agency, board, commission, corporation or other entity that is prescribed; (“tribunal décisionnel”)

“governance accountability documents” means the memorandum of understanding, business plan and annual report required by sections 11, 12 and 13, respectively; (“documents de responsabilisation en matière de gouvernance”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“public accountability documents” means the mandate and mission statement, consultation policy, service standard policy, ethics plan and member accountability framework required by sections 3, 4, 5, 6 and 7, respectively; (“documents de responsabilisation à l’égard du public”)

“responsible minister”, in relation to an adjudicative tribunal, means the minister of the Crown who is responsible to the Assembly for the tribunal. (“ministre responsable”) 2009, c. 33, Sched. 5, s. 2.

Public Accountability Documents

Mandate and mission statement

3 (1) Every adjudicative tribunal shall develop a mandate and mission statement. 2009, c. 33, Sched. 5, s. 3 (1).

Contents

(2) The mandate and mission statement must contain,

(a) a statement of the tribunal’s legislative mandate, with reference to the Act that establishes its mandate and to any Act or Acts that add to its mandate;

(b) the tribunal’s mission statement; and

(c) any other matter specified in the regulations or in a directive of the Management Board of Cabinet. 2009, c. 33, Sched. 5, s. 3 (2).

Approval

(3) The mandate and mission statement must be approved by the tribunal’s responsible minister. 2009, c. 33, Sched. 5, s. 3 (3).

Consultation policy

4 (1) Every adjudicative tribunal shall develop a consultation policy. 2009, c. 33, Sched. 5, s. 4 (1).

Contents

(2) The consultation policy must describe whether and how the tribunal will consult with the public when it is considering changes to its rules or policies, including consultation with any persons, entities or groups of persons or entities whose interests, in the opinion of the tribunal’s chair, would be affected by those changes. 2009, c. 33, Sched. 5, s. 4 (2).

Same

(3) The consultation policy must contain any other matter specified in the regulations or in a directive of the Management Board of Cabinet. 2009, c. 33, Sched. 5, s. 4 (3).

Approval

(4) The consultation policy must be approved by the tribunal’s responsible minister. 2009, c. 33, Sched. 5, s. 4 (4).

Service standard policy

5 (1) Every adjudicative tribunal shall develop a service standard policy. 2009, c. 33, Sched. 5, s. 5 (1).

Contents

(2) The service standard policy must contain,

(a) a statement of the standards of service that the tribunal intends to provide;

(b) a process for making, reviewing and responding to complaints about the service provided by the tribunal; and

(c) any other matter specified in the regulations or in a directive of the Management Board of Cabinet. 2009, c. 33, Sched. 5, s. 5 (2).

Approval

(3) The service standard policy must be approved by the tribunal’s responsible minister. 2009, c. 33, Sched. 5, s. 5 (3).

Relationship to other remedies

(4) Nothing in the service standard policy shall be interpreted as affecting,

(a) a process or remedy available under the Ombudsman Act;

(b) a right of appeal from decisions of the tribunal available under any Act; or

(c) a right to bring an application for judicial review. 2009, c. 33, Sched. 5, s. 5 (4).

Ethics plan

6 (1) Every adjudicative tribunal shall develop an ethics plan. 2009, c. 33, Sched. 5, s. 6 (1).

Contents

(2) The contents of the ethics plan shall be prescribed and must also include any matter specified in a directive of the Management Board of Cabinet. 2009, c. 33, Sched. 5, s. 6 (2).

Approval

(3) The ethics plan must be approved by the Integrity Commissioner appointed under the Public Service of Ontario Act, 2006. 2009, c. 33, Sched. 5, s. 6 (3); 2018, c. 17, Sched. 35, s. 16.

Conflict with Public Service of Ontario Act, 2006

(4) In the event of any conflict between an adjudicative tribunal’s ethics plan and the conflict of interest rules made under the Public Service of Ontario Act, 2006 that apply to the tribunal, the conflict of interest rules prevail. 2009, c. 33, Sched. 5, s. 6 (4).

Section Amendments with date in force (d/m/y)

2018, c. 17, Sched. 35, s. 16 - 01/05/2019

Member accountability framework

7 (1) Every adjudicative tribunal shall develop a member accountability framework. 2009, c. 33, Sched. 5, s. 7 (1).

Contents

(2) The member accountability framework must contain,

(a) a description of the functions of the members, the chair and the vice-chairs, if any, of the tribunal;

(b) a description of the skills, knowledge, experience, other attributes and specific qualifications required of a person to be appointed as a member of the tribunal;

(c) a code of conduct for the members of the tribunal; and

(d) any other matter specified in the regulations or in a directive of the Management Board of Cabinet. 2009, c. 33, Sched. 5, s. 7 (2).

Approval

(3) The member accountability framework must be approved by the tribunal’s responsible minister. 2009, c. 33, Sched. 5, s. 7 (3).

Publication, Amendment and Review of Public Accountability Documents

Publication of public accountability documents

8 Every adjudicative tribunal shall make its public accountability documents, approved as required by section 3, 4, 5, 6 or 7, as the case may be, available to the public. 2009, c. 33, Sched. 5, s. 8.

Amendments to public accountability documents

9 An adjudicative tribunal may amend its public accountability documents, and the person required to approve the original document is also required to approve any amendment to the document. 2009, c. 33, Sched. 5, s. 9.

Review of public accountability documents

10 Every adjudicative tribunal shall review its public accountability documents to determine whether they require amendment every three years after their initial publication. 2009, c. 33, Sched. 5, s. 10.

Governance Accountability Documents

Memorandum of understanding

11 (1) Every adjudicative tribunal shall enter into a memorandum of understanding with its responsible minister. 2009, c. 33, Sched. 5, s. 11 (1).

Contents

(2) The memorandum of understanding must address,

(a) the financial, staffing and administrative arrangements for the tribunal;

(b) the accountability relationships of the tribunal, including its duty to account to its responsible minister;

(c) the recruitment, orientation and training of the tribunal’s members;

(d) the committee structure of the tribunal, if any;

(e) the tribunal’s planning and reporting requirements; and

(f) any other matter specified in the regulations or in a directive of the Management Board of Cabinet. 2009, c. 33, Sched. 5, s. 11 (2).

Expiry

(3) The memorandum of understanding expires five years after the day it is entered into, and may be renewed before that day for another five years. 2009, c. 33, Sched. 5, s. 11 (3).

Review

(4) The tribunal and its responsible minister shall review the memorandum of understanding after there is a change in the responsible minister or the chair of the tribunal, and, in any event, at least once before it expires. 2009, c. 33, Sched. 5, s. 11 (4).

Continuation of expired memorandum

(5) A memorandum of...