June 30, 2021
Dear Attorney General Downey:
Re: Tribunals Ontario 2020-21 Annual Report
It is our pleasure to submit to you the 2020-21 Annual Report for Ontario Land Tribunals.
This report reflects the activities of Ontario Land Tribunals for the fiscal year ending March 31, 2021.
Since the creation of Ontario Land Tribunals in July 2020, we have sought ways to make the land use dispute process more streamlined, effective and accessible for people, and will continue to do so in our next chapter as the new Ontario Land Tribunal
We look forward to continue working with your ministry in the upcoming year.
Yours sincerely,
Marie Hubbard
Chair
Ontario Land Tribunal
Joe Whitehead
Executive Director
Ontario Land Tribunal
Table of Contents
Upon its creation in July 2020, I was given the honour to lead Ontario Land Tribunals as its Executive Chair, and I am pleased to report on our recent successes within this Annual Report.
Amidst the challenges of this first operating year, I am proud of the resiliency of our staff and members to continue delivering timely adjudicative services to the public.
In response to COVID-19, staff and members quickly worked together to find solutions to hold digital hearing events, and began hearing appeals by videoconference as early as July 2020. Building on the success of our innovative pilots, complex multi-day and multi-week hearings are also now taking place online. This is a significant achievement that ensures our hearings continue to be conducted in an expeditious and cost-effective manner.
As a new organization, we are taking the opportunity to seek ways to streamline our processes in order to more quickly and efficiently serve Ontarians. This past year has presented many opportunities for us to modernize and improve our operations
June 1, 2021 marked the establishment of the integrated Ontario Land Tribunal. Through our adjudication of land use planning and related matters, the Ontario Land Tribunal will continue to be an economic engine, driving growth and prosperity in Ontario. The passing of this legislation places our modernization efforts front and centre enabling our organization to work collaboratively across our areas of jurisdiction in harmony and unity.
As one integrated Tribunal, the organization is taking important steps to eliminate the unnecessary overlap between cases, streamlining our processes and finding efficiencies in our specialized adjudication and mediation expertise.
I thank all of our members and staff for continuing to ensure the delivery of timely, fair and principled resolutions for the matters that come before us, and I look forward to continue working together to serve the people of Ontario.
Sincerely,
Marie Hubbard
Chair Ontario Land Tribunal
Former Executive Chair Ontario Land Tribunals
Within this annual report, I am pleased to share the accomplishments of our staff and members during this past operating year as Ontario Land Tribunals.
Since the creation of Ontario Land Tribunals in July 2020, much work has been done to establish our organization moving out from Tribunals Ontario, and I thank everyone who has worked to make this transition as smooth as possible.
With the ongoing pandemic, we have continued to find ways to meet our clients’ needs, while keeping the safety of our staff, members and the public top-of-mind and following the recommendations of our health officials. We have transitioned from in-person hearings to fully digital hearing events and will continue to shift our processes to be digitally-focused and build on our successes.
Staff and members worked together to prepare for the further evolution of our organization with the establishment of the integrated Ontario Land Tribunal on June 1, 2021.
Our organization continues to find ways to modernize our services to more efficiently address the needs of those that come before our tribunals and boards, and we remain committed to developing a workplace that exemplifies diversity, inclusion and accessibility. We look forward to continuing these priorities in the future as the new Ontario Land Tribunal.
Thank you to our staff and members for their work and accomplishments over this past year, and I look forward to continue our work improving our services for the public.
Sincerely,
Joe Whitehead
Executive Director
In July 2020, the Ontario Land Tribunals was created to bring the Ministry of the Attorney General’s five land tribunals into one organization under the leadership of a dedicated Executive Chair. These tribunals included the Local Planning Appeal Tribunal, Environmental Review Tribunal, Board of Negotiation, Conservation Review Board, and Mining and Lands Tribunal.
Ontario Land Tribunals adjudicates and mediates matters related to land use planning, environmental and heritage protection, expropriated land valuation, mining and other matters. It focuses on land-related dispute resolution to help increase the housing supply in the province, while balancing the needs of environmental protection and conservation.
Ontario Land Tribunals is responsible for five boards and tribunals that fall under the Ministry of the Attorney General:
Ontario Land Tribunals holds proceedings throughout the province and promotes the early resolution of a multitude of matters using a variety of dispute resolution methods. It processes files from intake to closure, which may include issuance of decisions, orders and recommendations arising from pre-hearings and mediations, settlement conferences and if required, a formal hearing.
On April 19, 2021, the Ontario Legislature passed the Accelerating Access to Justice Act, 2021 (Bill 245), with a proclamation date of June 1, 2021. Through this Act, as of June 1, 2021, the Local Planning Appeal Tribunal, Environmental Review Tribunal, Board of Negotiation, Conservation Review Board and the Mining and Lands Tribunal merged into a new single tribunal called the Ontario Land Tribunal. The new Ontario Land Tribunal will help reduce delays and make the land dispute resolution process more efficient by creating a single forum to resolve disputes faster by eliminating unnecessary overlap between cases.
Ontario Land Tribunals was led by an Executive Chair, who also assumes the powers, duties and functions legislatively assigned to the chair of each constituent tribunal. The Executive Chair was accountable to the Minister (Attorney General) for the performance of Ontario Land Tribunals in fulfilling its mandate. While under the leadership of the Executive Chair, each tribunal maintains its legislative mandate and remains independent in its decision-making. However, all tribunals benefit from the coordination and sharing of resources, expertise, best practices, processes, and administrative and professional development support. Decisions of tribunals are made by adjudicators who are appointed for fixed terms by Orders-In-Council made by the Lieutenant Governor-In-Council on the recommendation of the Executive Chair, Minister and Cabinet. Adjudicators report to the Executive Chair.
The organization is also led by an Executive Director, who is responsible for supporting the Executive Chair in the implementation of Ontario Land Tribunals’ policies and operational decisions. The Executive Director is accountable to the Deputy Attorney General for the management of Ontario Land Tribunals’ operations. Staff are Ontario Public Servants and report to the Executive Director.
Ontario Land Tribunals has a total of 75 allocated staff positions as outlined below.
| Section | Number of Staff |
|---|---|
| Executive Office | 5 |
| Business Planning & Corporate Services | 24 |
| Legal Services | 6 |
| Operations | 40 |
| Total | 75 |
Ontario Land Tribunals has a total of 31 full-time members and nine part-time members. Some members are appointed to more than one board or tribunal (see Appendix for a full list of members).
Ontario Land Tribunals developed a new set of Rules of Practice and Procedure to harmonize and simplify its practices and procedures, which were posted to the OLT website for consultation in January 2021.
The new Rules are intended to maximize efficiencies and facilitate the timely adjudication and mediation of disputes related to land use planning, environmental or heritage protection, expropriated land valuation or any other matter considered before it.
In response to COVID-19, Ontario Land Tribunals took immediate action to safeguard the health and well-being of staff, members and Ontarians.
To comply with physical-distancing direction from public health authorities, most staff and adjudicators are working remotely and all in-person service counters are closed until further notice. At this time, appeals are heard by video conference. In-person hearings or hearings involving both in-person and electronic means are not currently available.
As the situation develops, Ontario Land Tribunals continues to ensure minimal service disruption for Ontarians, while keeping Ontarians safe.
As an organization, Ontario Land Tribunals places access to justice at the centre of everything it does. COVID-19 has accelerated the pace at which the public sector is harnessing technology, and Ontario Land Tribunals strives to provide the appropriate supports to those who appear before the tribunals and to empower people to be active participants.
Over the last fiscal year, Ontario Land Tribunals embarked on finding new ways of providing and developing additional resources, including a video hearing guide to prepare participants for their electronic hearings. Ontario Land Tribunals has also offered test sessions to parties and participants, in advance of their digital hearing events.
In alignment with these initiatives, Ontario Land Tribunals also developed a live-streaming policy. In cases where Ontario Land Tribunals determines that a specific hearing event will be live-streamed, it is made publicly accessible via a YouTube link provided to observers.
Ontario Land Tribunals is committed to building a diverse, inclusive and accessible environment to reflect the public we serve and respond to the needs of diverse stakeholder groups. Diversity objectives and outcomes in policies, processes and services ensure the public, staff and Order-in-Council (OIC) members have access to a space that is free from harassment and discrimination.
Staff are trained on their responsibilities to provide diverse, inclusive and accessible services and have completed the following courses:
Supporting the mental health of our employees and their family members continues to be a priority. Staff are encouraged to access the AbilitiCBT program which supports employee wellness by providing assistance to manage mental health and well-being.
Staff have completed a mandatory e-module training program focusing on vicarious trauma. This training is designed to:
To further support staff well-being, they are also encouraged to participate in weekly programming that supports physical and mental health.
In response to the pandemic and working remotely, Ontario Land Tribunal has made efforts to stay connected through virtual activities, workshops and quarterly newsletters:
Professional development is an integral part of the organization. Training ensures Order-In-Council (OIC) members and staff have the knowledge and support to meet legislatively mandated timelines, the most relevant knowledge in legislation, administrative justice tools, and operational functions.
Across the organization, we have provided new member onboarding and tribunal specific training sessions, conducted through remote platforms. Training is done collaboratively with other units throughout the organization and is facilitated internally by the Executive Chair, Associate Chairs, Vice Chairs, Members, Registrar and Legal Counsel, externally with guest presenters, through interactive platforms such as Microsoft Teams, online modules and self-directed study and job shadowing. The onboarding and training plan ensure that OICs are properly onboarded and trained to fulfill their roles as public servants.
In 2020, the Professional Development and Training Unit, under the Vice-Chair of Professional Development and Manager of Legal Counsel, developed a comprehensive training program that was delivered virtually. This intensive program consists of two series of training sessions: the New Member Training (NMT) series and the Continuing Professional Development (CPD) series. These series focus on conducting fair and efficient hearing events, writing well-reasoned decisions, collaborating with colleagues, and the legal and policy frameworks applicable to common types of appeals.
The NMT series is a combination of substantive and experiential learning sessions to prepare newly appointed OICs for their first hearing assignments. The CPD series consists of several sessions designed for OICs as they handle more complex appeals. Both the NMT and CPD series include skills-based, collaborative learning opportunities.
To address one of the challenges of remote work, there are ongoing initiatives to deliver sessions where staff and OICs have opportunities to collaborate in a virtual environment.
A comprehensive electronic library supports professional development across Ontario Land Tribunals. New content is developed on an ongoing basis to assist adjudicators and staff in their work and to address legislative and policy changes.
The Board of Negotiation (BON) conducts mediations of disputes over the value of land expropriated by a public authority and negotiates compensation.
The BON was created under the former 1964 Expropriations Procedures Act. The current law for expropriations, the Expropriations Act, came into effect on January 1, 1970.
As in-person meetings were paused due to public health and safety measures related to COVID-19, the BON adapted quickly at the onset of the pandemic to provide its mediation services by videoconference. Staff and members were trained on Microsoft Teams to schedule and conduct virtual mediation sessions. Processes were developed to test the system with the parties, which allowed the BON to troubleshoot technical issues prior to the mediation to ensure the successful completion of the event.
The BON successfully completed 39 mediations by videoconference in the past fiscal year. By adapting to the challenges brought on by the pandemic, the BON resolved more cases than it opened and decreased its active caseload by 15%.
| Performance Measures | Target | 2020-2021 Actual | 2019-2020 Actual | 2018-2019 Actual | 2017-2018 Actual |
|---|---|---|---|---|---|
| Cases in which the BON scheduled a negotiation meeting within 180 days | 85% | 99% | 85% | 87% | 77% |
| Cases will be resolved within 18 months of filing | 85% | 99% | 98% | N/A | N/A |
| Caseload | 2020-2021 | 2019-2020 | 2018-2019 | 2017-2018 |
|---|---|---|---|---|
| Opening Caseload Balance | 60 | 63 | 67 | 83 |
| Caseloads Received | 78 | 101 | 89 | 69 |
| Total Caseloads for Year | 138 | 164 | 156 | 152 |
| Resolved Caseload | 87 | 104 | 93 | 85 |
| Balance at end of Fiscal | 51 | 60 | 63 | 67 |
| Result | 2020-2021 | 2019-2020 | 2018-2019 | 2017-2018 |
|---|---|---|---|---|
| Tribunal Resolved | 45 | 54 | 34 | 39 |
| Parties Resolved | 13 | 17 | 4 | 23 |
| Filed with LPAT | 2 | 7 | 5 | 7 |
| Administratively closed | 27 | 26 | 50 | 16 |
| Total | 87 | 104 | 93 | 85 |
Through the facilitation of settlement or a recommendation report to the final government decision maker, the Conservation Review Board (CRB) resolves disputes over properties that may demonstrate cultural heritage value or interest and disputes that involve archaeological licensing.
The CRB’s jurisdiction and authority are derived from the Ontario Heritage Act (OHA) and the Statutory Powers Procedure Act.
Despite the challenges brought on by the COVID-19 pandemic, the CRB continued to receive new cases and process them without significant disruptions. Appeal intake decreased slightly as the CRB received five fewer cases this year compared to the previous fiscal year.
The development of digital processes to support remote work and virtual hearings allowed the CRB to continue its operations without disruption. Virtual hearings were held by Microsoft Teams and supported through the development of a videoconference guide. Testing sessions were also held with the parties to troubleshoot technical issues prior to the event.
The CRB successfully closed more cases this year than it received for the first time in the past three fiscal years. This resulted in a 23% decrease in the CRB’s active caseload by the end of this fiscal year.
| Performance Measures | Target | 2020-2021 Actual |
2019-2020 Actual |
2018-2019 Actual |
2017-2018 Actual |
|---|---|---|---|---|---|
| Cases in which the CRB issued a report or order within 30 days of the hearing event | 85% | 80% | 90% | 100% | 86% |
| Caseload | 2020-2021 | 2019-2020 | 2018-2019 | 2017-2018 |
|---|---|---|---|---|
| Opening Caseload Balance | 59 | 57 | 35 | 24 |
| Caseload Received | 19 | 25 | 42 | 27 |
| Total Caseload for Year | 78 | 82 | 77 | 51 |
| Resolved Caseload | 32 | 23 | 20 | 16 |
| Balance at end of Fiscal | 46 | 59 | 57 | 35 |
| File Types | 2020-2021 # of Cases |
2020-2021 # of Appeals |
2019-2020 # of Cases |
2019-2020 # of Appeals |
2018-2019 # of Cases |
2018-2019 # of Appeals |
2017-2018 # of Cases |
2017-2018 # of Appeals |
|---|---|---|---|---|---|---|---|---|
| Intention to designate property by municipality | 17 | 33 | 20 | 27 | 42 | 160 | 24 | 71 |
| Designation by-law amendment | 0 | 0 | 3 | 10 | 0 | 0 | 1 | 1 |
| Designation by-law-request for repeal by owner | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Designation by-law-objection to repeal | 2 | 15 | 1 | 2 | 0 | 0 | 1 | 4 |
| Alternation of heritage designation property | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 |
| Archaeological licensing | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total | 19 | 48 | 25 | 40 | 42 | 160 | 27 | 77 |
| Caseload | 2020-2021 | 2019-2020 | 2018-2019 | 2017-2018 |
|---|---|---|---|---|
| Reports Issued | 1 | 0 | 2 | 3 |
| Orders Issued | 15 | 10 | 5 | 15 |
| Withdrawls* | 30 | 22 | 18 | 13 |
*Note: Withdrawls are often the result of settlement of the issues among the parties.
The Environmental Review Tribunal (ERT) hears applications and appeals under 15 different environmental and land-use planning statutes in Ontario. The ERT also functions as the Niagara Escarpment Hearing Office to hear development permit appeals and Plan amendment applications in the Niagara Escarpment area. It also serves as the Office of Consolidated Hearings to hear applications for a Joint Board hearing under the Consolidated Hearings Act.
The ERT's jurisdiction and authority are derived from the following statutes:
The past fiscal year has been marked by significant challenges due to the COVID-19 pandemic. Appeal intake decreased by 22% compared to the past few fiscal years. This is largely a result of a decrease in the appeal of Director’s Orders, which can be attributed to the COVID-19 impact on the Ministry of the Environment’s operations.
As with all of the Ontario Land Tribunals’ tribunals and boards, the ERT quickly adapted to the situation and incorporated more digital processes to continue its operations. Most notably, the ERT developed and implemented videoconferencing to replace in-person events. The ERT began holding events by videoconference using Microsoft Team to support this move into the digital space, a videoconferencing guide, system-testing and staff support protocols were developed to ensure these events were conducted.
Videoconferencing, as well as other digital processes to support remote work, allowed the ERT to continue to receive new appeals, schedule pre-hearings, mediations and hearings, and issue decisions to resolve cases in a timely manner during the pandemic. As a result, the ERT closed more cases this year than it opened to maintain a steady caseload.
The ERT also made progress in resolving its oldest legacy cases. Three out of the nine legacy cases were closed during the past fiscal year. Furthermore, significant progress was made in the remaining six cases which are now anticipated to close during the next fiscal year.
| Performance Measures | Target | 2020-2021 Actual |
2019-2020 Actual |
2018-2019 Actual |
2017-2018 Actual |
|---|---|---|---|---|---|
| Cases in which the ERT issued a decision within 60 days of the hearing | 85% | 86% | 79% | 97% | 87% |
| File Type | 2020-2021 # of Cases |
2020-2021 # of Appeals |
2019-2020 # of Cases |
2019-2020 # of Appeals |
2018-2019 # of Cases |
2018-2019 # of Appeals |
2017-2018 # of Cases |
2017-2018 # of Appeals |
|---|---|---|---|---|---|---|---|---|
| Environmental Bill of Rights, 1993 | 2 | 20 | 10 | 9 | 3 | 3 | 2 | 2 |
| Environmental Protection Act | 9 | 14 | 17 | 37 | 18 | 31 | 16 | 34 |
| Environmental Protection Act - Renewable Energy Approval Appeals | 0 | 0 | 0 | 0 | 1 | 1 | 1 | 1 |
| Nutrient Management Act, 2002 | 0 | 0 | 1 | 3 | 0 | 0 | 0 | 0 |
| Ontario Water Resources Act | 0 | 0 | 0 | 0 | 2 | 3 | 1 | 1 |
| Pesticides Act | 0 | 0 | 1 | 1 | 0 | 0 | 0 | 0 |
| Safe Drinking Water Act, 2002 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 2 |
| Niagara Escarpment Planning and Development Act | 22 | 44 | 21 | 49 | 16 | 33 | 19 | 36 |
| Consolidated Hearings Act | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 |
| Total | 33 | 78 | 51 | 100 | 40 | 71 | 41 | 76 |
| Caseload | 2020-2021 | 2019-2020 | 2018-2019 | 2017-2018 |
|---|---|---|---|---|
| Opening Caseload Balance | 43 | 46 | 56 | 50 |
| Caseload Received | 33 | 51 | 40 | 41 |
| Total Caseload for Year | 76 | 97 | 86 | 91 |
| Resolved Caseload | 38 | 54 | 40 | 45 |
| Balance at end of Fiscal | 38 | 43 | 46 | 46 |
The Local Planning Appeal Tribunal (LPAT) hears cases related to a range of municipal planning, financial and land matters, including official plans, zoning by-laws, and other issues assigned to the Tribunal by numerous Ontario statutes.
LPAT's jurisdiction and authority are derived from many different public and private statutes for individual municipalities, which give specific jurisdiction and authority to LPAT including:
In response to the COVID-19 pandemic, LPAT implemented a remote work option for all staff and transitioned to digital platforms. It has also leveraged digital tools to transition from paper to electronic files and has transformed how the LPAT conducts its business.
With the establishment of Ontario Land Tribunals, LPAT embarked on a number of projects, including:
Over the last year, LPAT quickly pivoted and established a new service delivery process to transition from in-person hearings to conducting electronic hearings by video or telephone.
LPAT is currently managing appeals under two different legislative processes.
LPAT continues to resolve legacy cases through ongoing proactive case management of the Tribunal’s caseload and the number has been significantly reduced. Where appropriate, LPAT has delegated the clearance of conditions to the approval authority and established new criteria status to address inactive cases. There are currently 550 open cases and 375 are active. From September 2020 to the end of fiscal year, an additional 21% of legacy cases were closed or made inactive. This represents only 32.5% of the legacy cases remaining as active matters.
Of the total active cases, there are 17 Bill 139 cases remaining and will be closed by the end of 2021.
| Performance Measures | Target | 2020-2021 Actual |
2019-2020 Actual |
2018-2019 Actual |
2017-2018 Actual |
|---|---|---|---|---|---|
| % of LPAT decisions issued within 60 days of the end of a hearing | 85% | 85% | 71% | 72% | 76% |
| A minor variance case (standalone) will be scheduled for a first hearing within 120 days of receipt of a complete appeals package | 85% | 24% | 55% | 42% | 31% |
| Other cases will be scheduled for a first hearing within 180 days of receipt of a complete appeals package | 85% | 80% | 67% | 51% | 73% |
| Caseload | 2020-2021 | 2019-2020 | 2018-2019 | 2017-2018 |
|---|---|---|---|---|
| Opening Caseload Balance | 1,330 | 1,704 | 1,864 | 1,642 |
| Caseload Received | 528 | 552 | 634 | 1,067 |
| Total Caseload for Year | 1,858 | 2,256 | 2,498 | 2,709 |
| Resolved Caseload | 560 | 926 | 794 | 845 |
| Balance at end of Fiscal | 1,298 | 1,330 | 1,704 | 1,864 |
*Note: minor variations in previously reported figures result from deferred entry of case information to systems.
| Caseload | 2020-2021 | 2019-2020 | 2018-2019 | 2017-2018 |
|---|---|---|---|---|
| Appeals opened | 937 | 992 | 1,017 | 2,100 |
| Cases heard | 748 | 1,308 | 1,446 | 1,470 |
| Decisions rendered | 953 | 1,205 | 1,153 | 1,195 |
| File Type | 2020-2021 # of Files |
2020-2021 # of Appeals |
2019-2020 # of Files |
2019-2020 # of Appeals |
2018-2019 # of Files |
2018-2019 # of Appeals |
2017-2018 # of Files |
2017-2018 # of Appeals |
|---|---|---|---|---|---|---|---|---|
| Minor Variances | 155 | 162 | 209 | 215 | 204 | 217 | 329 | 340 |
| Consents | 123 | 126 | 148 | 151 | 123 | 138 | 160 | 166 |
| Zoning By-laws | 90 | 113 | 111 | 171 | 136 | 189 | 140 | 319 |
| Official Plans and Amendments | 112 | 276 | 90 | 148 | 118 | 171 | 251 | 434 |
| Zoning Refusal or Inaction | 139 | 139 | 110 | 110 | 120 | 120 | 377 | 380 |
| Plans of Subdivision/Condominium | 20 | 20 | 30 | 30 | 60 | 62 | 130 | 135 |
| Municipal and Miscellaneous (incl. site plans) | 72 | 73 | 52 | 52 | 65 | 66 | 179 | 277 |
| Development Charges | 9 | 10 | 50 | 81 | 19 | 26 | 16 | 24 |
| Land Compensation | 52 | 54 | 33 | 34 | 27 | 28 | 33 | 33 |
| Municipal Finance | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 2 |
| Total | 772 | 973 | 833 | 992 | 872 | 1,017 | 1,617 | 2,100 |
*Note: minor variations in previously reported figures result from deferred entry of case information to systems.
The Mining and Lands Tribunal (MLT) hears and decides matters under legislation administered by the Ministry of Energy, Northern Development and Mines and the Ministry of Natural Resources and Forestry.
The MLT has exclusive jurisdiction over most matters arising under the Mining Act, and proceedings involving private civil and property rights, relating to or arising out of matters governed by the Mining Act.
Over time, additional powers and duties were assigned to the MLT to make decisions on matters under the Conservation Authorities Act, the Oil, Gas and Salt Resources Act, the Aggregate Resources Act, the Lakes and Rivers Improvement Act, and the Assessment Act.
Over the last fiscal year, new administrative processes were established as a result of the changes to Ontario Land Tribunals. During the implementation of new processes, some inactive matters were removed from the caseload, more accurately reflecting the work of the MLT.
Similar to the other tribunals of Ontario Land Tribunals, COVID-19 has impacted the caseload of the MLT. Overall, it can be concluded that the pandemic has reduced the typical number of appeals before the MLT for the 2020-21 fiscal year. The pandemic also accelerated the use of electronic hearings and, as a result, Ontario Land Tribunals conducted the majority of its events electronically. Furthermore, COVID-19 affected the operations of the courts, which also impacted the documentation MLT requires. In some cases, this has resulted in a delay on moving existing files onto hearing events.
| Performance Measures | Target | 2020-2021 Actual |
2019-2020 Actual |
2018-2019 Actual |
|---|---|---|---|---|
| Cases will be resolved within 18 months of filing | 85% | 83% | 97% | N/A |
| A decision will be issued within 60 days of a hearing | 85% | 82% | 97% | 97% |
| File Type Received | 2020-2021 # of Files |
2019-2020 # of Files |
2018-2019 # of Files |
2017-2018 # of Files |
|---|---|---|---|---|
| Mining Act | 8 | 17 | 21 | 19 |
| Conservation Authorities Act | 0 | 12 | 10 | 6 |
| Lakes and Rivers Improvement Act | 0 | 0 | 0 | 1 |
| Oil, Gas and Salt Resources Act | 1 | 0 | 0 | 1 |
| Assessment Act | 0 | 0 | 2 | 4 |
| Aggregate Resources Act | 0 | 0 | 0 | 0 |
| Total | 9 | 29 | 33 | 31 |
In July 2020, Ontario Land Tribunals was created to bring the Ministry of the Attorney General’s five land tribunals (i.e. Local Planning Appeal Tribunal, Environmental Review Tribunal, Board of Negotiation, Conservation Review Board, and Mining and Lands Tribunal) into a new cluster distinct from Tribunals Ontario.
Tribunals Ontario and Ontario Land Tribunals have worked to ensure a smooth transition, and work continues on the disentanglement of resources between Tribunals Ontario and Ontario Land Tribunals. For the 2020-21 fiscal year, Ontario Land Tribunals operated within the allocation and expenditures of Tribunals Ontario.
As part of this transition, Ontario Land Tribunals’ financials for the 2020-21 fiscal year are reported for Tribunals Ontario below. Where possible, expenditures specific to the Ontario Land Tribunals for the time period of July 1, 2020 to March 31, 2021 have been summarized below as well.
Ontario Land Tribunals is committed to continuing to review its business practices, identify efficiencies, and modernize and streamline practices and processes to deliver better service for people across the province.
| Expenditures | Tribunals Ontario 2020-2021* | Ontario Land Tribunal 2020-2021** |
|---|---|---|
| Salary and Wages | $55,913,912 | $5,717,299 |
| Employee Benefits | $8,173,465 | $691,339 |
| Transportation and Communications | $1,582,358 | $124,112 |
| Services | $16,967,922 | $1,460,034 |
| Supplies and Equipment | $447,767 | $91,549 |
| Recoveries | ($395,806) | |
| Total | $82,689,618 | $8,084,333 |
*For the period of April 1, 2020 to March 31, 2021 (includes expenditures for Ontario Land Tribunals).
**For the period of July 1, 2020 to March 31, 2021.
Revenue in the form of filing fees received by the Local Planning Appeal Tribunal are transferred into the Government of Ontario’s Consolidated Revenue Fund.
| Tribunals Ontario 2020-2021* | Ontario Land Tribunal 2020-2021** | |
|---|---|---|
| Total Revenue | $11,516,867 | $603,695^ |
* For the period of April 1, 2020 to March 31, 2021 (includes revenue for Ontario Land Tribunals).
** For the period of July 1, 2020 to March 31, 2021.
^ Application filing fees for the Local Planning Appeal Tribunal (filing fees for the Local Planning Appeal Tribunal were increased on July 1, 2020).
| Table 3: Remuneration of Appointees to Adjudicative Tribunals and Regulatory Agencies | |||||||
|---|---|---|---|---|---|---|---|
| Position | Full-Time Appointees (Annual Remuneration) | Part-Time Appointees (Per Diem Remuneration) | |||||
| First 2 Years | Next 3 Years | Final 5 Years | First 2 Years | Next 3 Years | Final 5 Years | Prof & Labour* | |
| Executive Chairs | $200,780 | $212,564 | $224,349 | $858 | N/A | ||
| Chairs | $174,184 | $186,621 | $199,059 | $744 | $788 | ||
| Associate-Chairs | $174,184 | $186,621 | $199,059 | $744 | $788 | ||
| Vice-Chairs | $136,545 | $146,311 | $156,077 | $583 | $788 | ||
| Members | $110,482 | $118,378 | $126,273 | $472 | $788 | ||
| Tribunals Ontario 2020-2021* | Ontario Land Tribunals 2020-21** | |
|---|---|---|
| Full-time OIC Remuneration | $17,220,889 | $2,458,657 |
| Part-time OIC Remuneration | $6,448,500 | $328,645 |
| Total | $23,669,389 | $2,787,302 |
* For the period of April 1, 2020 to March 31, 2021 (includes Ontario Land Tribunals).
** For the period of July 1, 2020 to March 31, 2021.
| Salary and Wages | $63,322,400 |
| Employee Benefits | $7,797,500 |
| Transportation and Communications | $3,262,400 |
| Services | $6,695,200 |
| Supplies and Equipment | $752,900 |
| Transfer Payment | $10,000,000 |
| Recoveries | ($457,300) |
| Total | $91,373,100 |
| Expenditures | 2020-2021 |
|---|---|
| Salary and Wages | $5,717,299 |
| Employee Benefits | $691,339 |
| Transportation and Communications | $124,112 |
| Services | $1,460,034 |
| Supplies and Equipment | $91,549 |
| Recoveries | |
| Total | $8,084,333 |
| Application Filing Fees | 2020-2021 |
|---|---|
| Local Planning Appeal Tribunal | $603,695 |
| 2020-2021 | |
|---|---|
| Full-time OIC Remuneration | $2,458,657 |
| Part-time OIC Remuneration | $328,645 |
| Total | $2,787,302 |
The Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 requires the selection process for the appointment of new board and tribunal members to be competitive and merit-based. It also requires that all new appointments have the support of the Executive Chair, who makes recommendations of new members to Ontario’s Attorney General.
Ontario Land Tribunals’ members have continued to contribute to the ongoing improvement of the organization, its tribunals and the administrative justice system in Ontario.
Tribunals Ontario, Environment and Land Division: April 1, 2020 – June 30, 2020 Ontario Land Tribunals: July 1, 2020 – March 31, 2021
| Name | Board / Tribunal | Position and Classification | First Appointed Date | Last Appointment End Date |
|---|---|---|---|---|
| Andrews, Kurtis | LPAT | Full-Time Member | 25-March-21 | 24-March-23 |
| Arpino, Marianna | LPAT | Full-Time Member | 17-Oct-19 | 16-Oct-22 |
| Ballagh, Margot | LPAT | Full-Time Member | 13-Sept-19 | 12-Sept-21 |
| Beccarea, Robert ■ | BON | Part-Time Member | 20-Nov-20 | 19-Nov-21 |
| LPAT | Part-Time Member | 17-Oct-19 | 16-Oct-22 | |
| Bhullar, Jatinder | LPAT | Full-Time Member | 10-Oct-19 | 9-Oct-22 |
| Bishop, Gregory■ | OLT:BON/CRB/ERT/LPAT/MLT | Full-Time Alternate Executive Chair | 23-July-20 | 08-July-22 |
| ERT | Full-Time Associate Chair | 1-July-20 | 8-July-22 | |
| Bradley, Janet | LPAT | Part-Time Member | 05-Sept-19 | 04-Sept-20 |
| Braun, Shannon | LPAT | Full-Time Member | 5-Nov-20 | 4-Nov-21 |
| Brown, David | LPAT | Full-Time Member | 26-June-19 | 25-June-21 |
| Bruce, Laurie | ERT | Part-Time Member | 22-Oct-14 | 21-Oct-24 |
| Bryson, Chantelle | LPAT | Full-Time Member | 18-Apr-18 | 17-Apr-20 |
| Burton, Gillian | BON | Part-Time Member | 9-Jul-20 | 8-Jul-21 |
| LPAT | Part-Time Member | 17-Oct-19 | 16-Oct-22 | |
| Chipman, Dale | LPAT | Full-Time Member | 17-Oct-19 | 16-Oct-22 |
| Colbourne, Douglas ■ | BON | Part-Time Member | 9-Jul-20 | 8-Jul-21 |
| LPAT | Part-Time Member | 17-Oct-19 | 16-Oct-22 | |
| Cooke, Steven | LPAT | Full-Time Member | 05-Sept-19 | 04-Sept-23 |
| Douglas, John | LPAT | Full-Time Member | 18-Apr-18 | 17-Apr-20 |
| Helt, Maureen ○ | BON/CRB/ERT/LPAT/MLT | Full-Time Vice-Chair | 14-Dec-19 | 30-Jun-20 |
| Hubbard, Marie ■ | OLT: BON/CRB/ERT/LPAT/MLT | Full-Time Executive Chair | 1-July-20 | 31-Dec-21 |
| LPAT | Full-Time Associate Chair | 21-August-19 | 20-Feb-22 | |
| Jackson, Helen | ERT | Full-Time Member | 24-May-11 | 23-May-21 |
| LPAT | Full-Time Member | 24-May-11 | 23-May-21 | |
| Jacobs, Sarah ■ | OLT: BON/CRB/ERT/LPAT/MLT | Full-Time Vice Chair | 03-Dec-20 | 02-Dec-22 |
| LPAT | Full-Time Member | 23-Jul-14 | 22-Jul-24 | |
| Jovanovic, Stephen ○ | BON | Part-Time Associate Chair | 14-Feb-19 | 30-Jun-20 |
| MLT | Part-Time Associate Chair | 14-Feb-19 | 30-Jun-20 | |
| CRB | Part-Time Vice-Chair | 09-Jan-20 | 30-Jun-20 | |
| ERT | Part-Time Member | 11-Jan-17 | 10-Jan-22 | |
| Joyner, Douglas | LPAT | Full-Time Member | 13-Sep-19 | 12-Sep-21 |
| Lanthier, David ■ | LPAT | Vice-Chair | 27-Feb-20 | 26-Feb-22 |
| LPAT | Full-Time Member | 04-May-16 | 03-May-21 | |
| Makuch, Richard, G.M. | LPAT | Full-Time Vice-Chair | 07-Jun-17 | 6-Jun-21 |
| Middleton, William | LPAT | Full-Time Member | 24-April-20 | 23-April-22 |
| Morris, Warren | BON | Part-Time Member | 18-May-17 | 25-July-22 |
| ERT | Part-Time Member | 10-May-17 | 25-Jul-22 | |
| Nelson, Daniel | CRB | Part-Time Member | 22-Oct-14 | 24-Oct-21 |
| Ng, Tee Fung | LPAT | Full-Time Member | 10-Oct-19 | 9-Oct-22 |
| Prevedel, Anthony | LPAT | Full-Time Member | 08-Oct-20 | 07-Oct-21 |
| Restoule, Karen ○ | TO: BON/CRB/ERT/LPAT/MLT | Full-Time Alternate Executive-Chair of Tribunals Ontario | 17-March-20 | 30-June-20 |
| Robinson, Nicholas | LPAT | Full-Time Member | 29-Oct-20 | 28-Oct-21 |
| Russo, Mario | LPAT | Full-Time Member | 17-Sept-20 | 16-Sept-22 |
| Schiller, Susan ■ | LPAT | Full-Time Member | 17-Sept-20 | 16-Sept-22 |
| CRB | Part-Time Member | 04-Feb-21 | 03-Aug-21 | |
| Sills, Mary-Ann ■ | LPAT | Full-Time Vice-Chair | 25-Oct-19 | 25-Oct-22 |
| LPAT | Full-Time Member | 03-July-07 | 24-Oct-20 | |
| Steinberg, Robert | BON | Part-Time Member | 04-May-11 | 03-May-22 |
| Swinkin, Gerald | LPAT | Part-Time Member | 24-Aug-16 | 11-Sep-21 |
| Taylor, Blair S. | LPAT | Full-Time Member | 17-Oct-12 | 16-Oct-22 |
| Tousaw, Scott | LPAT | Full-Time Member | 31-May-17 | 30-May-24 |
| Tucci, Carmine | LPAT | Full-Time Member | 17-Jan-20 | 16-Jan-22 |
| Tuckey, Bryan | LPAT | Part-Time Member | 12-Dec-19 | 11-Dec-21 |
| Vincent, Sharyn ■ | LPAT | Full-Time Associate Chair | 12-Dec-19 | 11-Dec-21 |
| LPAT | Full-Time Vice-Chair | 27-Feb-20 | 26-Feb-22 | |
| Weir, Sean ▲ | TO: BON/CRB/ERT/LPAT/MLT | Part-Time Member | 12-Dec-19 | 11-Dec-21 |
| Wilkins, Hugh ■ | ERT | Part-Time Member | 20-Nov-20 | 19-Nov-21 |
| LPAT | Part-Time Member | 02-March-16 | 23-April-22 | |
| LPAT | Full-Time Member | 24-April-20 | 23-April-22 |
▲ Symbol indicates:
Appointment as Executive Chair of Tribunals Ontario has not ended, but the establishment of the new cluster on July 1, 2020 ended Appointee’s role with Ontario Land Tribunals.
■ Symbol indicates:
Appointees whose position at Ontario Land Tribunals changed in the 2020 – 2021 fiscal year.
○ Symbol indicates:
Appointees who as at July 1, 2020 were not Appointees of Ontario Land Tribunals or who were no longer Appointees of Ontario Land Tribunals as of March 31, 2021.