Statutory Powers Procedure Act, R.S.O. 1990, C. S.22 - Ontario - Ca
Statutory Powers Procedure Act, R.S.O. 1990, C. S.22 - Ontario - Ca
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4. Waiver
CURRENT December 4, 2024 - e-Laws currency date (December 31, 2024 )
4.1 Disposition without
June 3, 2021 - December 3, 2024
hearing
4.4 Incapacity, failure to CURRENT Consolidation period: December 4, 2024 - e-Laws currency date (December 31, 2024 )
complete hearing or
make decision Last amendment: 2024, c. 28, Sched. 25, s. 1, 2.
Not-yet-in-force provisions appear in consolidated law as text with a grey background and are accompanied by
4.5 Decision not to process
related editorial notes.
commencement of
proceeding
Legislative History
Table of contents
Interpretation
1 (1) In this Act,
“electronic hearing” means a hearing held by conference telephone or some other form of electronic technology
allowing persons to hear one another; (“audience électronique”)
“licence” includes any permit, certi!cate, approval, registration or similar form of permission required by law;
(“autorisation”)
“municipality” has the same meaning as in the Municipal A!airs Act; (“municipalité”)
“oral hearing” means a hearing at which the parties or their representatives attend before the tribunal in person;
(“audience orale”)
“representative” means, in respect of a proceeding to which this Act applies, a person authorized under the Law
Society Act to represent a person in that proceeding; (“représentant”)
“statutory power of decision” means a power or right, conferred by or under a statute, to make a decision
deciding or prescribing,
(a) the legal rights, powers, privileges, immunities, duties or liabilities of any person or party, or
(b) the eligibility of any person or party to receive, or to the continuation of, a bene!t or licence, whether the
person is legally entitled thereto or not; (“compétence légale de décision”)
“tribunal” means one or more persons, whether or not incorporated and however described, upon which a
statutory power of decision is conferred by or under a statute; (“tribunal”)
“written hearing” means a hearing held by means of the exchange of documents, whether in written form or by
electronic means. (“audience écrite”) R.S.O. 1990, c. S.22, s. 1 (1); 1994, c. 27, s. 56 (1-3); 2002, c. 17, Sched. F,
Table; 2006, c. 21, Sched. C, s. 134 (1, 2).
Application of Act
3 (1) Subject to subsection (2), this Act applies to a proceeding by a tribunal in the exercise of a statutory power of
decision conferred by or under an Act of the Legislature, where the tribunal is required by or under such Act or
otherwise by law to hold or to a#ord to the parties to the proceeding an opportunity for a hearing before making a
decision. R.S.O. 1990, c. S.22, s. 3 (1); 1994, c. 27, s. 56 (5).
(b) in or before,
(d) before an arbitrator to which the Arbitration Act, 1991 or the Labour Relations Act, 1995 applies;
(g) of one or more persons required to make an investigation and to make a report, with or without
recommendations, where the report is for the information or advice of the person to whom it is made and does
not in any way legally bind or limit that person in any decision he or she may have power to make; or
(h) of a tribunal empowered to make regulations, rules or by-laws in so far as its power to make regulations,
rules or by-laws is concerned. R.S.O. 1990, c. S.22, s. 3 (2); 1994, c. 27, s. 56 (6); 2006, c. 19, Sched. C, s. 1 (1, 2, 4);
2009, c. 33, Sched. 6, s. 87; 2021, c. 25, Sched. 27, s. 1.
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Section Amendments with date in force (d/m/y)
Waiver
Same, rules
(2) Any provision of a tribunal’s rules made under section 25.1 may be waived in accordance with the rules. 1994,
c. 27, s. 56 (7).
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Section Amendments with date in force (d/m/y)
Assignments
(2) In assigning members of the tribunal to a panel, the chair shall take into consideration any requirement imposed
by another Act or a regulation that applies to the proceeding that the tribunal be representative of speci!c interests.
1997, c. 23, s. 13 (3).
Decision of panel
(3) The decision of a majority of the members of a panel, or their unanimous decision in the case of a two-member
panel, is the tribunal’s decision. 1994, c. 27, s. 56 (8).
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Section Amendments with date in force (d/m/y)
Panel of one
4.2.1 (1) The chair of a tribunal may decide that a proceeding be heard by a panel of one person and assign the
person to hear the proceeding unless there is a statutory requirement in another Act that the proceeding be heard
by a panel of more than one person.
Expiry of term
4.3 If the term of o$ce of a member of a tribunal who has participated in a hearing expires before a decision is
given, the term shall be deemed to continue, but only for the purpose of participating in the decision and for no
other purpose. 1997, c. 23, s. 13 (4).
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Section Amendments with date in force (d/m/y)
Incapacity of member
4.4 (1) If a member of a tribunal who has participated in a hearing becomes unable, for any reason, to complete the
hearing or to participate in the decision, the remaining member or members may complete the hearing and give a
decision. 1994, c. 27, s. 56 (9).
4.4 (1) In the case of a panel of one person, if the person dies or is or appears to be, for any other reason, unable
to complete a hearing or to make a decision, the chair of the tribunal may, on a party’s motion to the tribunal or
on the chair’s own initiative, assign another panel to complete the hearing or make a decision in the person’s
place. 2024, c. 28, Sched. 25, s. 1.
(2) In the case of a panel of more than one person, if a member of the panel dies or is unable for any other reason
to complete a hearing or to participate in a decision, the remaining member or members may complete the
hearing or make a decision. 2024, c. 28, Sched. 25, s. 1.
(3) If the chair of the tribunal is of the opinion that a panel has failed to complete a hearing or make a decision
within a reasonable time, the chair may specify a deadline by which the panel must complete the hearing or make
a decision. 2024, c. 28, Sched. 25, s. 1.
Same
(4) For the purposes of subsection (3), the chair of the tribunal,
(i) the guidelines established by the tribunal under section 16.2, and
(ii) the service standard policy developed by the tribunal under section 5 of the Adjudicative Tribunals
Accountability, Governance and Appointments Act, 2009, if applicable; and
(b) may consider any other matter that, in the chair’s opinion, is relevant in the circumstances. 2024, c. 28,
Sched. 25, s. 1.
(5) If a panel fails to meet a deadline speci!ed under subsection (3), the chair of the tribunal may, on a party’s
motion to the tribunal or on the chair’s own initiative, assign another panel to complete the hearing or make a
decision in the !rst panel’s place. 2024, c. 28, Sched. 25, s. 1.
(6) The panel assigned under subsection (1) or (5) shall determine whether to,
(a) continue the hearing or make a decision on the basis of the existing evidentiary record, subject to
subsection (8); or
Same, submissions
(7) If the panel permits, the parties to the proceeding may make submissions on the determination to be made by
the panel under subsection (6). 2024, c. 28, Sched. 25, s. 1.
Same, powers
(8) Despite clause (6) (a), the panel may, during or after the hearing, recall a witness or require further evidence.
2024, c. 28, Sched. 25, s. 1.
(9) This section is subject to any other Act or regulation that applies to the proceeding. 2024, c. 28, Sched. 25, s. 1.
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Section Amendments with date in force (d/m/y)
(b) the documents are received after the time required for commencing the proceeding has elapsed;
(c) the fee required for commencing the proceeding is not paid; or
(d) there is some other technical defect in the commencement of the proceeding.
Notice
(2) A tribunal or its administrative sta# shall give the party who commences a proceeding notice of its decision under
subsection (1) and shall set out in the notice the reasons for the decision and the requirements for resuming the
processing of the documents.
(a) any of the grounds referred to in subsection (1) upon which the tribunal or its administrative sta# may
decide not to process the documents relating to the commencement of a proceeding; and
(b) the proceeding relates to matters that are outside the jurisdiction of the tribunal; or
(c) some aspect of the statutory requirements for bringing the proceeding has not been met.
Notice
(2) Before dismissing a proceeding under this section, a tribunal shall give notice of its intention to dismiss the
proceeding to,
(a) all parties to the proceeding if the proceeding is being dismissed for reasons referred to in clause (1) (b); or
(b) the party who commences the proceeding if the proceeding is being dismissed for any other reason.
Same
(3) The notice of intention to dismiss a proceeding shall set out the reasons for the dismissal and inform the parties
of their right to make written submissions to the tribunal with respect to the dismissal within the time speci!ed in
the notice.
Dismissal
(5) A tribunal shall not dismiss a proceeding under this section until it has given notice under subsection (2) and
considered any submissions made under subsection (4).
Rules
(6) A tribunal shall not dismiss a proceeding under this section unless it has made rules under section 25.1
respecting the early dismissal of proceedings and those rules shall include,
(a) any of the grounds referred to in subsection (1) upon which a proceeding may be dismissed;
(b) the right of the parties who are entitled to receive notice under subsection (2) to make submissions with
respect to the dismissal; and
Classifying proceedings
4.7 A tribunal may make rules under section 25.1 classifying the types of proceedings that come before it and setting
guidelines as to the procedural steps or processes (such as preliminary motions, pre-hearing conferences,
alternative dispute resolution mechanisms, expedited hearings) that apply to each type of proceeding and the
circumstances in which other procedures may apply. 1999, c. 12, Sched. B, s. 16 (3).
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Section Amendments with date in force (d/m/y)
(a) it has made rules under section 25.1 respecting the use of alternative dispute resolution mechanisms; and
(b) all parties consent to participating in the alternative dispute resolution mechanism.
Definition
(2) In this section,
“alternative dispute resolution mechanism” includes mediation, conciliation, negotiation or any other means of
facilitating the resolution of issues in dispute.
Rules
(3) A rule under section 25.1 respecting the use of alternative dispute resolution mechanisms shall include
procedural guidelines to deal with the following:
1. The circumstances in which a settlement achieved by means of an alternative dispute resolution mechanism
must be reviewed and approved by the tribunal.
Parties
5. The parties to a proceeding shall be the persons speci!ed as parties by or under the statute under which the
proceeding arises or, if not so speci!ed, persons entitled by law to be parties to the proceeding. R.S.O. 1990, c. S.22,
s. 5.
Written hearings
5.1 (1) A tribunal whose rules made under section 25.1 deal with written hearings may hold a written hearing in a
proceeding. 1997, c. 23, s. 13 (6).
Exception
(2) The tribunal shall not hold a written hearing if a party satis!es the tribunal that there is good reason for not
doing so.
Same
(2.1) Subsection (2) does not apply if the only purpose of the hearing is to deal with procedural matters. 1999, c. 12,
Sched. B, s. 16 (4).
Documents
(3) In a written hearing, all the parties are entitled to receive every document that the tribunal receives in the
proceeding. 1994, c. 27, s. 56 (10).
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Section Amendments with date in force (d/m/y)
Electronic hearings
5.2 (1) A tribunal whose rules made under section 25.1 deal with electronic hearings may hold an electronic hearing
in a proceeding. 1997, c. 23, s. 13 (7).
Exception
(2) The tribunal shall not hold an electronic hearing if a party satis!es the tribunal that holding an electronic rather
than an oral hearing is likely to cause the party signi!cant prejudice.
Same
(3) Subsection (2) does not apply if the only purpose of the hearing is to deal with procedural matters.
Pre-hearing conferences
5.3 (1) If the tribunal’s rules made under section 25.1 deal with pre-hearing conferences, the tribunal may direct the
parties to participate in a pre-hearing conference to consider,
(d) the dates by which any steps in the proceeding are to be taken or begun;
(f) any other matter that may assist in the just and most expeditious disposition of the proceeding. 1994, c. 27,
s. 56 (11); 1997, c. 23, s. 13 (9).
Who presides
(2) The chair of the tribunal may designate a member of the tribunal or any other person to preside at the pre-
hearing conference.
Orders
(3) A member who presides at a pre-hearing conference may make such orders as he or she considers necessary or
advisable with respect to the conduct of the proceeding, including adding parties.
Disqualification
(4) A member who presides at a pre-hearing conference at which the parties attempt to settle issues shall not
preside at the hearing of the proceeding unless the parties consent. 1994, c. 27, s. 56 (11).
Application of s. 5.2
(5) Section 5.2 applies to a pre-hearing conference, with necessary modi!cations. 1997, c. 23, s. 13 (10).
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Section Amendments with date in force (d/m/y)
Disclosure
5.4 (1) If the tribunal’s rules made under section 25.1 deal with disclosure, the tribunal may, at any stage of the
proceeding before all hearings are complete, make orders for,
(e) any other form of disclosure. 1994, c. 27, s. 56 (12); 1997, c. 23, s. 13 (11).
Notice of hearing
6 (1) The parties to a proceeding shall be given reasonable notice of the hearing by the tribunal. R.S.O. 1990, c. S.22,
s. 6 (1).
Statutory authority
(2) A notice of a hearing shall include a reference to the statutory authority under which the hearing will be held.
Oral hearing
(3) A notice of an oral hearing shall include,
(a) a statement of the time, place and purpose of the hearing; and
(b) a statement that if the party noti!ed does not attend at the hearing, the tribunal may proceed in the party’s
absence and the party will not be entitled to any further notice in the proceeding. 1994, c. 27, s. 56 (13).
Written hearing
(4) A notice of a written hearing shall include,
(a) a statement of the date and purpose of the hearing, and details about the manner in which the hearing will
be held;
(b) a statement that the hearing shall not be held as a written hearing if the party satis!es the tribunal that
there is good reason for not holding a written hearing (in which case the tribunal is required to hold it as an
electronic or oral hearing) and an indication of the procedure to be followed for that purpose;
(c) a statement that if the party noti!ed neither acts under clause (b) nor participates in the hearing in
accordance with the notice, the tribunal may proceed without the party’s participation and the party will not be
entitled to any further notice in the proceeding. 1994, c. 27, s. 56 (13); 1997, c. 23, s. 13 (13); 1999, c. 12,
Sched. B, s. 16 (5).
Electronic hearing
(5) A notice of an electronic hearing shall include,
(a) a statement of the time and purpose of the hearing, and details about the manner in which the hearing will
be held;
(b) a statement that the only purpose of the hearing is to deal with procedural matters, if that is the case;
(c) if clause (b) does not apply, a statement that the party noti!ed may, by satisfying the tribunal that holding
the hearing as an electronic hearing is likely to cause the party signi!cant prejudice, require the tribunal to hold
the hearing as an oral hearing, and an indication of the procedure to be followed for that purpose; and
(d) a statement that if the party noti!ed neither acts under clause (c), if applicable, nor participates in the
hearing in accordance with the notice, the tribunal may proceed without the party’s participation and the party
will not be entitled to any further notice in the proceeding. 1994, c. 27, s. 56 (13).
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Section Amendments with date in force (d/m/y)
(b) intimate !nancial or personal matters or other matters may be disclosed at the hearing of such a nature,
having regard to the circumstances, that the desirability of avoiding disclosure thereof in the interests of any
person a#ected or in the public interest outweighs the desirability of adhering to the principle that hearings be
open to the public,
in which case the tribunal may hold the hearing in the absence of the public. R.S.O. 1990, c. S.22, s. 9 (1); 1994, c. 27,
s. 56 (16).
Written hearings
(1.1) In a written hearing, members of the public are entitled to reasonable access to the documents submitted,
unless the tribunal is of the opinion that clause (1) (a) or (b) applies. 1994, c. 27, s. 56 (17).
Electronic hearings
(1.2) An electronic hearing shall be open to the public unless the tribunal is of the opinion that,
(a) it is not practical to hold the hearing in a manner that is open to the public; or
(a) combine the proceedings or any part of them, with the consent of the parties;
(b) hear the proceedings at the same time, with the consent of the parties;
(d) stay one or more of the proceedings until after the determination of another one of them.
Exception
(2) Subsection (1) does not apply to proceedings held under section 21 of the Ontario Land Tribunal Act, 2021. 1994,
c. 27, s. 56 (19); 2021, c. 4, Sched. 6, s. 91.
Same
(3) Clauses (1) (a) and (b) do not apply to a proceeding if,
(a) any other Act or regulation that applies to the proceeding requires that it be heard in private;
(b) the tribunal is of the opinion that clause 9 (1) (a) or (b) applies to the proceeding. 1994, c. 27, s. 56 (19);
1997, c. 23, s. 13 (15).
Right to representation
10 A party to a proceeding may be represented by a representative. 2006, c. 21, Sched. C, s. 134 (3).
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Section Amendments with date in force (d/m/y)
Examination of witnesses
10.1 A party to a proceeding may, at an oral or electronic hearing,
(a) call and examine witnesses and present evidence and submissions; and
(b) conduct cross-examinations of witnesses at the hearing reasonably required for a full and fair disclosure of
all matters relevant to the issues in the proceeding. 1994, c. 27, s. 56 (20).
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Section Amendments with date in force (d/m/y)
Idem
(2) Where an oral hearing is closed to the public, the witness’s representative is not entitled to be present except
when that witness is giving evidence. R.S.O. 1990, c. S.22, s. 11 (2); 1994, c. 27, s. 56 (22); 2006, c. 21, Sched. C,
s. 134 (5).
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Section Amendments with date in force (d/m/y)
Summonses
12 (1) A tribunal may require any person, including a party, by summons,
(b) to produce in evidence at an oral or electronic hearing documents and things speci!ed by the tribunal,
relevant to the subject-matter of the proceeding and admissible at a hearing. R.S.O. 1990, c. S.22, s. 12 (1); 1994,
c. 27, s. 56 (23).
(a) where the tribunal consists of one person, shall be signed by him or her;
(b) where the tribunal consists of more than one person, shall be signed by the chair of the tribunal or in such
other manner as documents on behalf of the tribunal may be signed under the statute constituting the
tribunal. 1994, c. 27, s. 56 (24).
Same
(3) The summons shall be served personally on the person summoned. 1994, c. 27, s. 56 (24).
Bench warrant
(4) A judge of the Superior Court of Justice may issue a warrant against a person if the judge is satis!ed that,
(b) the person has failed to attend or to remain in attendance at the hearing (in the case of an oral hearing) or
has failed otherwise to participate in the hearing (in the case of an electronic hearing) in accordance with the
summons; and
(c) the person’s attendance or participation is material to the ends of justice. 1994, c. 27, s. 56 (25); 2006, c. 19,
Sched. C, s. 1 (1).
Same
(4.1) The warrant shall be in the prescribed form (in English or French), directed to any police o$cer, and shall
require the person to be apprehended anywhere within Ontario, brought before the tribunal forthwith and,
(a) detained in custody as the judge may order until the person’s presence as a witness is no longer required;
or
(b) in the judge’s discretion, released on a recognizance, with or without sureties, conditioned for attendance or
participation to give evidence. 1994, c. 27, s. 56 (25).
Proof of service
(5) Service of a summons may be proved by a$davit in an application to have a warrant issued under subsection
(4). 1994, c. 27, s. 56 (26).
Certificate of facts
(6) Where an application to have a warrant issued is made on behalf of a tribunal, the person constituting the
tribunal or, if the tribunal consists of more than one person, the chair of the tribunal may certify to the judge the
facts relied on to establish that the attendance or other participation of the person summoned is material to the
ends of justice, and the judge may accept the certi!cate as proof of the facts. 1994, c. 27, s. 56 (26).
Same
(7) Where the application is made by a party to the proceeding, the facts relied on to establish that the attendance or
other participation of the person is material to the ends of justice may be proved by the party’s a$davit. 1994, c. 27,
s. 56 (26).
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Section Amendments with date in force (d/m/y)
Contempt proceedings
13 (1) Where any person without lawful excuse,
(a) on being duly summoned under section 12 as a witness at a hearing makes default in attending at the
hearing; or
(b) being in attendance as a witness at an oral hearing or otherwise participating as a witness at an electronic
hearing, refuses to take an oath or to make an a$rmation legally required by the tribunal to be taken or made,
or to produce any document or thing in his or her power or control legally required by the tribunal to be
produced by him or her or to answer any question to which the tribunal may legally require an answer; or
(c) does any other thing that would, if the tribunal had been a court of law having power to commit for
contempt, have been contempt of that court,
the tribunal may, of its own motion or on the motion of a party to the proceeding, state a case to the Divisional
Court setting out the facts and that court may inquire into the matter and, after hearing any witnesses who may be
produced against or on behalf of that person and after hearing any statement that may be o#ered in defence,
punish or take steps for the punishment of that person in like manner as if he or she had been guilty of contempt of
the court. R.S.O. 1990, c. S.22, s. 13; 1994, c. 27, s. 56 (27).
Same
(2) Subsection (1) also applies to a person who,
(a) having objected under clause 6 (4) (b) to a hearing being held as a written hearing, fails without lawful
excuse to participate in the oral or electronic hearing of the matter; or
(b) being a party, fails without lawful excuse to attend a pre-hearing conference when so directed by the
tribunal. 1997, c. 23, s. 13 (17).
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Section Amendments with date in force (d/m/y)
Evidence
relevant to the subject-matter of the proceeding and may act on such evidence, but the tribunal may exclude
anything unduly repetitious.
(a) that would be inadmissible in a court by reason of any privilege under the law of evidence; or
(b) that is inadmissible by the statute under which the proceeding arises or any other statute.
Conflicts
(3) Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to or purposes for
which any oral testimony, documents or things may be admitted or used in evidence in any proceeding.
Copies
(4) Where a tribunal is satis!ed as to its authenticity, a copy of a document or other thing may be admitted as
evidence at a hearing.
Photocopies
(5) Where a document has been !led in evidence at a hearing, the tribunal may, or the person producing it or
entitled to it may with the leave of the tribunal, cause the document to be photocopied and the tribunal may
authorize the photocopy to be !led in evidence in the place of the document !led and release the document !led, or
may furnish to the person producing it or the person entitled to it a photocopy of the document !led certi!ed by a
member of the tribunal.
Definition
(2) In subsection (1),
“previously admitted evidence” means evidence that was admitted, before the hearing of the proceeding
referred to in that subsection, in any other proceeding before a court or tribunal, whether in or outside Ontario.
Additional power
(3) This power conferred by this section is in addition to the tribunal’s power to admit evidence under section 15.
1997, c. 23, s. 13 (18).
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Section Amendments with date in force (d/m/y)
Witness panels
15.2 A tribunal may receive evidence from panels of witnesses composed of two or more persons, if the parties have
!rst had an opportunity to make submissions in that regard. 1994, c. 27, s. 56 (31).
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Section Amendments with date in force (d/m/y)
(b) take notice of any generally recognized scienti!c or technical facts, information or opinions within its
scienti!c or specialized knowledge. R.S.O. 1990, c. S.22, s. 16.
Conditions
(2) A tribunal may impose conditions on an interim decision or order.
Reasons
(3) An interim decision or order need not be accompanied by reasons. 1994, c. 27, s. 56 (32).
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Section Amendments with date in force (d/m/y)
Time frames
16.2 A tribunal shall establish guidelines setting out the usual time frame for completing proceedings that come
before the tribunal and for completing the procedural steps within those proceedings. 1999, c. 12, Sched. B,
s. 16 (6).
Note: On a day to be named by proclamation of the Lieutenant Governor, section 16.2 of the Act is
amended by adding “and make publicly available” after “shall establish”. (See: 2024, c. 28, Sched. 25, s. 2)
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Section Amendments with date in force (d/m/y)
Decision; interest
Decision
17 (1) A tribunal shall give its !nal decision and order, if any, in any proceeding in writing and shall give reasons in
writing therefor if requested by a party. R.S.O. 1990, c. S.22, s. 17; 1993, c. 27, Sched.
Interest
(2) A tribunal that makes an order for the payment of money shall set out in the order the principal sum, and if
interest is payable, the rate of interest and the date from which it is to be calculated. 1994, c. 27, s. 56 (33).
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Section Amendments with date in force (d/m/y)
Costs
17.1 (1) Subject to subsection (2), a tribunal may, in the circumstances set out in rules made under subsection (4),
order a party to pay all or part of another party’s costs in a proceeding. 2006, c. 19, Sched. B, s. 21 (2).
Exception
(2) A tribunal shall not make an order to pay costs under this section unless,
(a) the conduct or course of conduct of a party has been unreasonable, frivolous or vexatious or a party has
acted in bad faith; and
(b) the tribunal has made rules under subsection (4). 2006, c. 19, Sched. B, s. 21 (2).
Amount of costs
(3) The amount of the costs ordered under this section shall be determined in accordance with the rules made
under subsection (4). 2006, c. 19, Sched. B, s. 21 (2).
Rules
(4) A tribunal may make rules with respect to,
(c) the amount of costs or the manner in which the amount of costs is to be determined. 2006, c. 19, Sched. B,
s. 21 (2).
Same
(5) Subsections 25.1 (3), (4), (5) and (6) apply with respect to rules made under subsection (4). 2006, c. 19, Sched. B,
s. 21 (2).
Notice of decision
18 (1) The tribunal shall send each party who participated in the proceeding, or the party’s representative, a copy of
its !nal decision or order, including the reasons if any have been given,
(d) by some other method that allows proof of receipt, if the tribunal’s rules made under section 25.1 deal with
the matter. 1994, c. 27, s. 56 (34); 1997, c. 23, s. 13 (19); 2006, c. 21, Sched. C, s. 134 (6).
Use of mail
(2) If the copy is sent by regular lettermail, it shall be sent to the most recent addresses known to the tribunal and
shall be deemed to be received by the party on the !fth day after the day it is mailed. 1994, c. 27, s. 56 (34).
Enforcement of orders
19 (1) A certi!ed copy of a tribunal’s decision or order in a proceeding may be !led in the Superior Court of Justice by
the tribunal or by a party and on !ling shall be deemed to be an order of that court and is enforceable as such.
1994, c. 27, s. 56 (35); 2006, c. 19, Sched. C, s. 1 (1).
Notice of filing
(2) A party who !les an order under subsection (1) shall notify the tribunal within 10 days after the !ling. 1994, c. 27,
s. 56 (35).
Record of proceeding
20 A tribunal shall compile a record of any proceeding in which a hearing has been held which shall include,
(a) any application, complaint, reference or other document, if any, by which the proceeding was commenced;
(d) all documentary evidence !led with the tribunal, subject to any limitation expressly imposed by any other
Act on the extent to or the purposes for which any such documents may be used in evidence in any proceeding;
(e) the transcript, if any, of the oral evidence given at the hearing; and
(f) the decision of the tribunal and the reasons therefor, where reasons have been given. R.S.O. 1990, c. S.22,
s. 20.
Adjournments
21 A hearing may be adjourned from time to time by a tribunal of its own motion or where it is shown to the
satisfaction of the tribunal that the adjournment is required to permit an adequate hearing to be held. R.S.O. 1990,
c. S.22, s. 21.
Correction of errors
21.1 A tribunal may at any time correct a typographical error, error of calculation or similar error made in its
decision or order. 1994, c. 27, s. 56 (36).
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Power to review
21.2 (1) A tribunal may, if it considers it advisable and if its rules made under section 25.1 deal with the matter,
review all or part of its own decision or order, and may con!rm, vary, suspend or cancel the decision or order. 1997,
c. 23, s. 13 (20).
Conflict
(3) In the event of a con%ict between this section and any other Act, the other Act prevails. 1994, c. 27, s. 56 (36).
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Administration of oaths
22 A member of a tribunal has power to administer oaths and a$rmations for the purpose of any of its proceedings
and the tribunal may require evidence before it to be given under oath or a$rmation. R.S.O. 1990, c. S.22, s. 22.
Abuse of processes
23 (1) A tribunal may make such orders or give such directions in proceedings before it as it considers proper to
prevent abuse of its processes. R.S.O. 1990, c. S.22, s. 23 (1).
Limitation on examination
(2) A tribunal may reasonably limit further examination or cross-examination of a witness where it is satis!ed that
the examination or cross-examination has been su$cient to disclose fully and fairly all matters relevant to the issues
in the proceeding. 1994, c. 27, s. 56 (37).
Exclusion of representatives
(3) A tribunal may exclude from a hearing anyone, other than a person licensed under the Law Society Act, appearing
on behalf of a party or as an adviser to a witness if it !nds that such person is not competent properly to represent
or to advise the party or witness, or does not understand and comply at the hearing with the duties and
responsibilities of an advocate or adviser. 2006, c. 21, Sched. C, s. 134 (7).
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Notice, etc.
24 (1) Where a tribunal is of the opinion that because the parties to any proceeding before it are so numerous or for
any other reason, it is impracticable,
(b) to send its decision and the material mentioned in section 18,
to all or any of the parties individually, the tribunal may, instead of doing so, cause reasonable notice of the hearing
or of its decision to be given to such parties by public advertisement or otherwise as the tribunal may direct.
Contents of notice
(2) A notice of a decision given by a tribunal under clause (1) (b) shall inform the parties of the place where copies of
the decision and the reasons therefor, if reasons were given, may be obtained. R.S.O. 1990, c. S.22, s. 24.
(a) another Act or a regulation that applies to the proceeding expressly provides to the contrary; or
(b) the tribunal or the court or other appellate body orders otherwise. 1997, c. 23, s. 13 (21).
Idem
(2) An application for judicial review under the Judicial Review Procedure Act, or the bringing of proceedings speci!ed
in subsection 2 (1) of that Act is not an appeal within the meaning of subsection (1). R.S.O. 1990, c. S.22, s. 25 (2).
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Control of process
25.0.1 A tribunal has the power to determine its own procedures and practices and may for that purpose,
(a) make orders with respect to the procedures and practices that apply in any particular proceeding; and
(b) establish rules under section 25.1. 1999, c. 12, Sched. B, s. 16 (8).
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Rules
25.1 (1) A tribunal may make rules governing the practice and procedure before it. 1994, c. 27, s. 56 (38).
Application
(2) The rules may be of general or particular application. 1994, c. 27, s. 56 (38).
Public access
(4) The tribunal shall make the rules available to the public in English and in French. 1994, c. 27, s. 56 (38).
Additional power
(6) The power conferred by this section is in addition to any power to adopt rules that the tribunal may have under
another Act. 1994, c. 27, s. 56 (38).
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Regulations
26 The Lieutenant Governor in Council may make regulations prescribing forms for the purpose of section 12. 1994,
c. 27, s. 56 (41).
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Substantial compliance
28 Substantial compliance with requirements respecting the content of forms, notices or documents under this Act
or any rule made under this or any other Act is su$cient. 1999, c. 12, Sched. B, s. 16 (9).
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(a) take or attempt to take a photograph, audio or video recording or other record capable of producing or
transmitting visual or aural representations by electronic means or otherwise,
(i) at a hearing,
(ii) of any person entering or leaving the room in which a hearing is to be or has been convened, or
(iii) of any person in the building in which a hearing is to be or has been convened if there is reasonable
ground for believing that the person is there for the purpose of attending or leaving the hearing, other than
in an area of the building designated by the tribunal for the purpose and with the person’s consent;
(b) publish, broadcast, reproduce or otherwise disseminate a photograph, recording or record taken in
contravention of clause (a); or
(c) broadcast, reproduce or otherwise disseminate an audio recording described in clause (2) (b). 2021, c. 25,
Sched. 27, s. 3.
Non-application
(2) Subsection (1) does not apply with respect to,
(b) the making of an audio recording at a hearing, unobtrusively and in a manner authorized by the tribunal, by
a representative, a party acting on their own behalf or a journalist, for the sole purpose of supplementing or
replacing notes; or
(c) subject to the authorization of the tribunal, any act referred to in subsection (1),
(i) if it is required for the presentation of evidence, the making of a record or any other purpose of the
hearing,
(iii) in connection with any ceremonial proceeding. 2021, c. 25, Sched. 27, s. 3.
Conflict
32 Unless it is expressly provided in any other Act that its provisions and regulations, rules or by-laws made under it
apply despite anything in this Act, the provisions of this Act prevail over the provisions of such other Act and over
regulations, rules or by-laws made under such other Act which con%ict therewith. R.S.O. 1990, c. S.22, s. 32; 1994,
c. 27, s. 56 (42).
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