Administrative Tribunals

Ombudsman's Authority to Review Administrative Tribunals and the Fairness of Their Decisions

The Ombudsman has authority to investigate Ontario’s administrative tribunals. The Ombudsman may review the processes of administrative tribunals, as well as the fairness of their decisions.

The Office of the Ombudsman is not an appeal body and the Ombudsman cannot substitute his opinion for that of the tribunal members. He does not have the power to overturn decisions of tribunals or to order tribunals to do anything.

When the Ombudsman identifies problems with a particular process or decision, the Ombudsman may make recommendations to the tribunal to address the issue. The Ombudsman may also make recommendations addressing systemic issues related to legislation, policies or programs.

Administrative Tribunals

There are many administrative tribunals in Ontario, which have been granted the authority to make decisions under a statute or regulation. Tribunals are independent agencies responsible for making decisions and sometimes recommendations. There is a broad range of administrative tribunals dealing with a variety of subjects; for instance, some deal with regulatory and licensing issues, others with entitlement to compensation or benefits. Some tribunals are large organizations with many members, such as the Workplace Safety and Insurance Appeals Tribunal; others are smaller, such as the Animal Care Review Board.

Some tribunals determine their own processes, and have created their own rules of procedure. Their members are also subject to codes of conduct. These documents are generally available to the public.

Administrative tribunals are required to consider the evidence before them. They can make findings of credibility and accept the evidence of one witness over another.

Some administrative tribunals have the express right to reconsider their decisions. Where an individual is dissatisfied with the tribunal's decision, they may have a right to apply to have it reconsidered.

How the Ombudsman Reviews a Tribunal Complaint

When reviewing decisions of administrative tribunals, Ombudsman staff look to see if:

• The Tribunal complied with its legislative mandate;

• The Tribunal's process was administratively fair;

• The Tribunal's decision was based upon the evidence before it; and

• The Tribunal gave adequate reasons in support of its decision.

The Ombudsman may decide not to investigate a complaint about a tribunal for a number of reasons; for example, if upon an initial review of the tribunal’s decision there does not appear to be a problem.

The Ombudsman may also decide not to investigate for other reasons, including that there is another remedy available, there is a need to ensure a judicious use of resources or there has been a significant passage of time since the decision was rendered.