Ontario’s Tribunals
Ontario has many adjudicative Tribunals, each dealing with different areas of the law. Below is a brief overview of the most active tribunals.
Human Rights Tribunal of Ontario (HRTO)
The Human Rights Tribunal of Ontario (HRTO) was established as a direct access tribunal to adjudicate discrimination claims under 2006 amendments to the Human Rights Code. Its rules, forms and processes were designed to support self-drafted applications and responses from unrepresented parties. The statute provides that no claim within HRTO jurisdiction can be dismissed without an oral hearing. The HRTO typically receives approximately 4,500 new applications a year. The HRTO is now one of 13 tribunals within Tribunals Ontario. As noted in the materials below, some of the main concerns about the HRTO are about long delays, unjustified early dismissals of applications without a full hearing, and new appointed members without subject matter expertise or adjudication skills or experience.
Landlord and Tenant Board (LTB)
The Landlord and Tenant Board (LTB) is one of 13 tribunals administered by Tribunals Ontario. The Board hears disputes between residential tenants and landlords under the Residential Tenancies Act. Prior to March 2020, the Board held hearings in 44 locations across Ontario where adjudicators, tribunal staff (including mediators) and tenant duty counsel were present to assist parties navigating its processes. The Board receives about 80,000 applications for hearings each year. The majority of applications, over 90%, are landlord eviction applications. There are over 1.5 million tenants living in Ontario as of 2016, with almost half of tenant households having annual incomes below $40,000.
As noted in the materials below, some of the main concerns about the LTB are about barriers to access, especially for tenants, caused by over-reliance on digital platforms for hearings and communications, long delays, and scheduling and process changes that reduce the ability of legal clinics to help tenants.
Social Benefits Tribunal (SBT)
The Social Benefits Tribunal (SBT) hears appeals from people who have been denied benefits under Ontario Works or the Ontario Disability Support Program (ODSP). Appellants before the SBT are among the poorest and most vulnerable in Ontario. The vast majority of appeals are for denials of ODSP, in decisions made by the Disability Adjudication Unit within the Ministry of Community and Social Services.
As noted in the materials below, some of the main concerns about the SBT are about barriers to access caused by over-reliance on digital platforms for hearings and communications, long delays, and new appointed members without subject matter expertise or adjudication skills or experience.
Ontario Land Tribunal (OLT)
The Ontario Land Tribunal (OLT) hears and decides appeals and matters related to land use planning, environmental and natural features and heritage protection, land valuation, land compensation, municipal finance, and related matters. The OLT was established in June 2021 as an amalgamation of the Board of Negotiation under the Expropriations Act, the Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal. Previously, Ontario’s five land tribunals were part of a cluster of tribunals known as Tribunals Ontario, and prior to that, the Environment and Land Tribunals Ontario cluster.
Health Boards
There are a number of adjudicative tribunals in the Ministry of Health. The main ones are the related Health Professions Appeal and Review Board (HPARB) and the Health Services Appeal and Review Board (HSARB); plus the Consent and Capacity Board, and the Ontario Review Board.
HPARB and HSARB are adjudicative tribunals with important mandates related to regulation of health care professions, services and programs. Like many other provincial tribunals, HPARB and HSARB have undergone significant reductions in membership, and there are concerns about delays and lack of expertise.
Labour Tribunals
There are a number of adjudicative tribunals in the Ministry of Labour, Training and Skills Development. The two largest ones are the Ontario Labour Relations Board (OLRB), and the Workplace Safety and Insurance Appeals Tribunal (WSIAT).
Tribunals Ontario – Other
Almost all adjudicative tribunals in the Ontario Government are in a tribunal cluster, except the tribunals in the areas of health and labour. In January 2020, three clusters were combined into one huge cluster – Tribunals Ontario. After five tribunals were taken out to form the Ontario Land Tribunal in July 2020, Tribunals Ontario now has 13 tribunals. It operates within the Ministry of the Attorney General.
A number of tribunals in Tribunals Ontario have high volumes and deal with areas that affect many people, especially vulnerable or marginalized parties.
There are a number of serious concerns about Tribunals Ontario. There has been turmoil caused by unfilled vacancies and high turnover, as well as politicized or arbitrary appointments and non-reappointments, especially in the most senior positions. Many parties at these tribunals face long delays, new tribunal members without adequate expertise in the subject matter or adjudication skills, and barriers to access caused by over-reliance on technology.