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Bill 179, Fewer Backlogs and Less Partisan Tribunals Act, 2024

Hsu, Ted

Bowman, Stephanie

Collard, Lucille

Fraser, John

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Bill 179 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Fewer Backlogs and Less Partisan Tribunals

Act, 2024 and makes related amendments to the Adjudicative

Tribunals Accountability, Governance and Appointments Act, 2009 . The

major elements of the Act are set out below.

Part

I sets out the purpose of the Act and interpretive provisions that apply to the

Act. It also sets out a conflict provision stating that the Act prevails in the

event of a conflict with other specified legislative instruments, unless those

instruments expressly provide that they apply despite anything in this Act.

Part

II provides for the establishment of the Adjudicative Tribunal Justice Council.

The members of the Council are appointed by various specified groups.

Procedural rules are set out. The Council is permitted to appoint employees.

The Council’s duties are set out, which include monitoring adjudicative

tribunals, identifying impediments and advising the Assembly about various

issues related to adjudicative tribunals. They must also prepare recruitment

plans and take proactive steps to help fill vacancies in adjudicative

tribunals. The Council is given the power to conduct inquiries and is required

to prepare specified reports. The Attorney General is required to give the

Council at least six months advance written notice of any intention to enact

legislation or regulations or issue directives that have specified impacts on

adjudicative tribunals, and the Council must provide its opinion on the impact

of the proposed legislation, regulation or directive.

Part

III provides for the selection and appointment of adjudicative tribunal

members. This Part applies to the appointment of new members that are not

currently serving as members of the adjudicative tribunal. The Attorney General

is required to prepare a recruitment plan before making an appointment to the

tribunal and a selection committee must be appointed in accordance with the

plan. The selection committee is required to assess the qualifications of

candidates and make recommendations about their appointment. The

recommendations must be made for the most qualified candidates whose

appointments would reflect the diversity of the tribunal’s community of users.

Part

IV establishes rules respecting adjudicative tribunals’ members’ terms,

reappointments and renewals. It establishes default rules for the terms of both

chairs and non-chairs of tribunals, which may be modified by regulations made

by the Council. It also establishes procedural requirements that apply if there

is an intention to not renew the appointment of a member of an adjudicative

tribunal.

Part

V establishes rules that apply to reductions in adjudicative tribunal

positions. Positions with an adjudicative tribunal are, as specified, deemed to

be permanent and must continue to be filled unless declared redundant. The

responsible Minister for the adjudicative tribunal must meet certain criteria

in order to declare a position redundant and must consider the Council’s

opinion on the plan.

Part

VI sets out the power to make regulations under the Act.

Part

VII sets out transitional provisions. The terms of appointments of certain

members of adjudicative tribunals are extended. The Council is required to

conduct a user satisfaction survey of adjudicative tribunals within a specified

time frame. The Council may also make interim acting appointments.

Part

VIII provides for amendments to the Adjudicative Tribunals

Accountability, Governance and Appointments Act, 2009 . The amendments

assign several duties under that Act to the Council and require the

appointments of non-chairs to be made in concurrence with the recommendation of

a selection committee.

Part

IX provides for the commencement and

short title of the Act.

Bill 179 2024

Act to establish the Adjudicative Tribunal Justice Council and to improve the

transparency, independence and capacities of administrative tribunals

CONTENTS

PART I

PURPOSE,

INTERPRETATION AND CONFLICTS WITH OTHER ACTS

Purpose

Interpretation

Conflicts

with other Acts

PART II

ADJUDICATIVE TRIBUNAL JUSTICE COUNCIL

Adjudicative

Tribunal Justice Council

Meetings

Employees

Council

duties

Inquiries

Adjudicative

tribunal reports

Reports

to the Legislature

Notice

to Council of proposed changes

PART III

SELECTION AND APPOINTMENT OF ADJUDICATIVE TRIBUNAL MEMBERS

Application

Recruitment

plan

Selection

committee

Optimal

diversity and inclusivity

PART IV

ADJUDICATIVE TRIBUNALS’ MEMBERS’ TERMS, REAPPOINTMENTS AND

RENEWALS

Terms

of appointments for non-chairs

Terms

of appointments for chairs

Non-renewals

for reasons that do not constitute just cause, non-chair

Non-renewal

for reasons that constitute just cause for dismissal, non-chair

Non-renewal

for reasons that constitute just cause for dismissal, chair

PART V

ROSTER REDUCTIONS

Positions

deemed permanent

Redundant

positions

PART VI

REGULATIONS

Regulations

PART VII

TRANSITION

Adjustment

of terms of appointment

User

satisfaction survey

Interim

acting appointments

PART VIII

AMENDMENTS

Adjudicative

Tribunals Accountability, Governance and Appointments Act, 2009

PART IX

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

PART I

PURPOSE,

INTERPRETATION AND CONFLICTS WITH OTHER ACTS

Purpose

1 The purpose of this Act is to ensure that Ontario’s

adjudicative tribunals deliver accessible, timely, expert, inclusive, impartial

and just resolutions of legal disputes by establishing an independent

monitoring and advisory body.

Interpretation

2 In this Act,

“adjudicative

tribunal” has the same meaning as in the Adjudicative

Tribunals Accountability, Governance and Appointments Act, 2009 ;

(“tribunal décisionnel”)

“appointing

body”, in relation to a member of an adjudicative tribunal, means the body that

has the authority to appoint the member to the tribunal; (“autorité de

nomination”)

“chair”,

in relation to an adjudicative tribunal, means the chair of an adjudicative

tribunal and, in the case of a cluster of adjudicative tribunals designated

under

section 15 of the Adjudicative Tribunals

Accountability, Governance and Appointments Act, 2009 , the executive

chair of the cluster and the associate chair of each adjudicative tribunal in

the cluster; (“président”)

“Council”

means the Adjudicative Tribunal Justice Council established under

section 4;

(“Conseil”)

“member”,

in relation to an adjudicative tribunal, means any person employed by an

adjudicative tribunal or appointed to an adjudicative tribunal position who has

statutory authority to exercise the adjudicative tribunal’s adjudicative powers

or any part thereof and, for greater certainty, includes any chair or associate

chair of the tribunal; (“membre”)

“Minister”

means the Attorney General or such other member of the Executive Council to

whom the administration of this Act is assigned under the Executive

Council Act ; (“ministre”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

means the regulations made under this Act; (“règlements”)

“responsible

Minister” means, in relation to an adjudicative tribunal, the Minister

responsible for the adjudicative tribunal; (“ministre responsable”)

“selection

committee” means a selection committee appointed in accordance with

section 14.

(“comité de sélection”)

Conflicts

with other Acts

(1) 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 with which it conflicts.

Expiration

(2) A

declaration in another Act that its provisions and regulations, rules or

by-laws made under it apply despite anything in this Act does not apply three

years after the provision containing the declaration receives Royal Assent

unless,

(

a) the

provision is amended or re-enacted in a new Act of the Legislature; or

(

b) the

provision expressly states that it applies despite this expiration provision.

PART II

ADJUDICATIVE TRIBUNAL JUSTICE COUNCIL

Adjudicative

Tribunal Justice Council

Conseil de justice régissant les tribunaux décisionnels in French.

Membership

(2) The

Council shall be composed of the following members:

1. One

member who shall serve as the chair of the Council and who shall be appointed

in accordance with subsection (3).

2. Two

members appointed by the Minister who are retired judges of the Superior Court

of Justice or of the Ontario Court of Justice.

3. Two

members appointed by the Society of Ontario Adjudicators and Regulators who

have five or more years of experience working in adjudicative tribunals.

4. Two

members appointed by the Minister who are neither judges nor lawyers nor

paralegals and whose appointments would help the composition of the Council as

a whole reflect Ontario’s linguistic duality, the diversity of its population

and gender balance.

5. One

member appointed by the Association of Community Legal Clinics of Ontario who

is a licensed lawyer or paralegal and who has five or more years of experience

in community legal clinics.

6. One

member appointed by the Administrative Law

Section of the Ontario Bar

Association who is a practising lawyer.

7. One

member appointed by the Federation of Ontario Law Associations with expertise

in administrative law.

Appointment

of chair

(3) The

Assembly shall, by order, appoint a person to serve as the chair of the

Council.

Selection

by panel

(4) Unless

decided otherwise by unanimous consent of the Assembly, an order shall be made

under subsection (3) only if the person to be appointed has been selected by

unanimous agreement of a panel composed of one member of the Assembly from each

recognized party, chaired by the Speaker who is a non-voting member.

Officer

of the Assembly

(5) The

chair of the Council is, by virtue of their office, an officer of the Assembly.

Term

of chair

(6) The

member appointed to serve as the chair of the Council shall be appointed for a

term of four years and may be reappointed up to two times by the Assembly.

Chair

not to hold other offices

(7) The

Chair shall not be a member of the Assembly and shall not, without prior

approval by the Speaker of the Assembly, hold any other office or employment

with the Assembly.

Removal

or suspension of Chair

(8) The

Chair may be removed or suspended from office for cause, by order passed by a

vote of at least two-thirds of the members of the Assembly.

Term

of member other than chair

(9) A

member other than the chair may be appointed for a term of up to three years.

Renewals

of members other than chair

(10) The

appointment of a member other than the chair may be renewed up to two times,

each for a term of up to three years, upon the recommendation of the chair of

the Council.

Transition

(11) The

terms of appointment of the first members appointed to the Council, other than

the Chair, may be made subject to such shorter, staggered time limits as may be

prescribed.

Meetings

(1) The members of the Council shall meet at

least quarterly and shall meet at such additional times as the chair deems

necessary or upon petition to the chair by a majority of the Council.

Quorum

(2) Five

members of the Council constitute a quorum.

Employees

6 The Council may appoint such employees as it determines are

necessary for the proper and efficient conduct of its affairs.

Council

duties

(1) The Council shall perform the following

duties:

1. Monitor

the structure, operation, administration, hearing processes, procedures,

performance, training programs, term limit policies and severance policies of

adjudicative tribunals.

2. Identify

any impediments for the delivery of accessible, timely, expert, inclusive,

impartial and just resolutions of legal disputes by adjudicative tribunals,

including unfilled roster positions.

3. Advise

the Assembly, the Minister and any relevant responsible Ministers about the

need for any corrections of discrepancies or shortcomings in adjudicative

tribunals.

4. Report

to the Assembly about any discrepancies or shortcomings in adjudicative

tribunals that, in the Council’s opinion, are not being adequately addressed.

5. Prepare

and update draft recruitment plans that the Minister may adopt to fill

positions in adjudicative tribunals and take other proactive steps to help fill

vacancies or anticipated vacancies in a timely manner.

6. Comply

with the Council’s obligations under this Act, the Adjudicative

Tribunals Accountability, Governance and Appointments Act, 2009 and any

other Act.

Powers

(2) Except

as limited by this Act, the Council has all the powers that are necessary or

expedient for carrying out its duties.

review of merits of decisions

(3) The

Council shall not, in performing its duties, review the merits of an

adjudicative tribunal’s decision in any particular case.

Inquiries

(1) The Council may conduct an inquiry into any

matter connected with its duties.

Application

of Public Inquiries Act, 2009

(2) Section

33 of the Public Inquiries Act, 2009 applies to an

inquiry by the Council.

Adjudicative

tribunal reports

(1) The Council may require an adjudicative

tribunal to provide such information about the tribunal’s structure, operation,

administration, hearing processes, procedures or performance as the Council may

specify.

Compliance

(2) The

adjudicative tribunal shall provide the required information to the Council

within the time specified by the Council.

Reports

to the Legislature

(1) The Council shall make recommendations about

improving the structure, operation, administration, hearing processes,

procedures and performance of adjudicative tribunals as soon as possible after

the Council has identified any substantial deficiencies or potential

improvements to be addressed.

Provision

of recommendations

(2) The

Council shall provide its recommendations in a report to the Speaker of the

Assembly who shall cause the report to be laid before the Assembly if it is in

session or, if not, at the next session.

Annual

report in implementation of recommendations

(3) Within

one year after the Council provides its recommendations to the Speaker, the

Minister shall report to the Assembly on the progress the Government of Ontario

has made in implementing the recommendations.

Notice

to Council of proposed changes

(1) The Minister shall provide the Council with

at least six months advance written notice of any intention by the government

to enact legislation or regulations or to issue directives that,

(

a) are

relevant to the structures, operations, administration, hearing processes,

procedures or performance of any adjudicative tribunal; or

(

b) would

have the effect of removing any adjudicative tribunals from being subject to

any provision in this Act.

Council

to provide opinion

(2) The

Council shall, within 60 days after receiving notice under subsection

(1) provide the Minister with its written opinion concerning the compliance and

compatibility of the proposed legislation, regulation or directive with the

delivery of accessible, timely, expert, inclusive, impartial and just

resolutions of legal disputes.

Failure

to provide timely notice

(3) If

a Minister fails to provide notice as required under subsection (1), the

Minister shall promptly provide the notice described in subsection (1) to the

Council and shall report the failure to the Assembly.

PART III

SELECTION AND APPOINTMENT OF ADJUDICATIVE TRIBUNAL MEMBERS

Application

12 This Part applies to the appointment of a member of an

adjudicative tribunal who is not currently serving as a member of the tribunal.

Recruitment

plan

(1) Before the Lieutenant Governor in Council or

any Minister makes an appointment to fill a position in an adjudicative

tribunal, the responsible Minister for that tribunal shall first apply to the

Council for approval of a recruitment plan specifying,

(

a) the

position or positions to be filled;

(

b) the

minimum qualifications that successful candidates require for the position or

positions to be filled;

(

c) the

steps in the selection process that will be followed in determining the best

qualified candidate for each position;

(

d) the

composition of a proposed selection committee that will be appointed to perform

the duties described in subsection 14 (3); and

(

e) the

plan for attracting qualified candidates through the publication of timely

recruiting notices in the range of media to best attract the interest of highly

qualified candidates whose appointments would reflect the diversity of the

tribunal’s community of users.

Approval

of plan

(2) The

appointment shall proceed only in accordance with a recruitment plan that is

approved by the Council.

Selection

committee

(1) A selection committee shall be appointed in

accordance with the approved recruitment plan.

Standing

committee permitted

(2) For

greater certainty, the recruitment plans of an adjudicative tribunal may

provide for a standing selection committee that may be convened to appoint

several members of the tribunal.

Selection

committee mandate

(3) The

selection committee shall,

(

a) assess

the qualifications of candidates for the appointment using the criteria

described in subsections 14 (1) and (2) of the Adjudicative

Tribunals Accountability, Governance and Appointments Act, 2009 ; and

(

b) make

recommendations to the Lieutenant Governor in Council or to the responsible

Minister for the adjudicative tribunal about the most qualified candidates

whose appointments would also reflect the diversity of the tribunal’s community

of users.

Response

to recommendations

(4) The

Lieutenant Governor in Council or Minister shall, within 60 days after

receiving the selection committee’s recommendation,

(

a) accept

the recommendation, advise the selection committee to notify the successful

candidate and, if the candidate accepts, make the appointment;

(

b) defer

the appointment and ask the selection committee to reconsider its

recommendation; or

(

c) reject

the recommendation.

Reasons

(5) If

the Lieutenant Governor in Council or Minister chooses to respond to a

recommendation by taking an action described in clause (4) (

b) or (c), they

shall immediately provide written reasons for their decision to the Council.

Response

to request to reconsider

(6) A

selection committee that receives a request to reconsider its recommendation

shall review the reasons provided for the decision and either,

(

a) withdraw

its recommendation and recommend a new candidate; or

(

b) affirm

its recommendation to the government and provide written reasons to the

Lieutenant Governor in Council or Minister, as applicable, that respond to

their reasons for requesting a reconsideration.

Response

to rejection of recommendation

(7) A

selection committee that receives a rejection of its recommendation shall

recommend the appointment of another candidate.

Confidentiality

(8) The

Lieutenant Governor in Council, the Ministers and the members of a selection

committee shall maintain any information related to the selection process in

confidence.

Optimal

diversity and inclusivity

15 An adjudicative tribunal’s recruitment plan for members and

its process for selecting its employees shall optimize the opportunities for

establishing and maintaining a staff that is appropriately inclusive and that

reflects the diversity of the tribunal’s community of users.

PART IV

ADJUDICATIVE TRIBUNALS’ MEMBERS’ TERMS, REAPPOINTMENTS AND RENEWALS

Terms

of appointments for non-chairs

(1) The following rules apply to the

appointment, reappointment or renewal of a term of appointment of a member of

an adjudicative tribunal who is not the chair of the tribunal:

1. If

the candidate had less than two years of experience in the exercise of an

adjudicative function before their appointment, their first appointment shall

be for a term of two years.

2. If

the candidate had two or more years of experience in the exercise of an

adjudicative function before their appointment, their first appointment shall

be for a term of three years.

3. After

their initial term expires, every member of an adjudicative tribunal may have

their term renewed by their appointing body with a recommendation from the

chair of the tribunal,

i. for

a second term of three years,

ii. for

a third term of five years, or

iii. for

any subsequent terms, for a term of five years that is recommended by the chair

of the tribunal and approved by the Council.

Clustered

tribunals

(2) In

the case of a cluster of adjudicative tribunals designated under

section 15 of

the Adjudicative Tribunals Accountability, Governance and

Appointments Act, 2009 , the associate chair of the tribunal is

responsible for performing the chair’s duty of deciding whether to recommend

the renewal of a member’s term.

Merit-based

renewal

(3) The

chair of an adjudicative tribunal may only recommend the renewal of a member’s

term of appointment if the chair is satisfied that the person’s qualifications,

as described in subsections 14 (1) and (2) of the Adjudicative

Tribunals Accountability, Governance and Appointments Act, 2009 , and the

member’s performance of their duties on the tribunal meet the tribunal’s

reasonable needs and expectations and if the renewal would reflect the

diversity of the tribunal’s community of users.

Delayed renewals

(4) If

the renewal of a term of appointment of a member other than a chair has been

recommended by the chair before the member’s current term expires, the term of

that member’s appointment shall be deemed to have been extended past the expiry

of their term until,

(

a) the

member’s term is renewed by their appointing body;

(

b) in

the case of a non-renewal for reasons that do not constitute just cause, the

day the notice period required by

section 18 expires; or

(

c) in

the case of a non-renewal for reasons that would constitute just cause, the

earlier of,

(

i) the

day the Council reinstates the member in accordance with subsection 19 (3), or

(ii) the

day a dismissal proceeding ordered under subsection 19 (3) is completed.

Regulations

(5) The

regulations made by the Council may alter, vary or set out exceptions from the

rules in this section.

Terms

of appointments for chairs

(1) The following rules apply to the

appointment, reappointment or renewal of a term of appointment of a chair of an

adjudicative tribunal:

1. Their

first appointment shall be for a term of five years.

2. After

their initial term expires, the chair may have their term renewed,

i. for

a second term of five years, or

ii. for

a third term of five years.

3. A

chair’s term may not be renewed after they have served for a total of 15 years.

4. The

appointing body shall give the Council the opportunity to provide advice on the

appointment or reappointment, and the appointing body shall consider the

Council’s advice before making the appointment or reappointment.

Acting

chair

(2) In

the event of an unexpected vacancy in the position of chair of an adjudicative

tribunal, the Council shall appoint an acting chair to serve until the

recruitment and appointment of a new chair can be completed unless another Act

provides for the assumption of the chair’s duties by another person.

Merit-based

renewal

(3) The

Council may only recommend the renewal of a chair’s term of appointment if the

Council is satisfied that the person’s qualifications, as described in

subsections 14 (1) and (2) of the Adjudicative Tribunals

Accountability, Governance and Appointments Act, 2009 , and the chair’s

performance of their duties on the tribunal meet the tribunal’s reasonable

needs and expectations.

Regulations

(4) The

regulations made by the Council may alter, vary or set out exceptions from the

rules in this section.

Non-renewals

for reasons that do not constitute just cause, non-chair

(1) If an appointing body determines that the

appointment of a member of an adjudicative tribunal, other than a chair, should

not be renewed for reasons that would not constitute just cause for dismissal,

the appointing body shall give the member and the chair of the adjudicative

tribunal confidential notice of that determination at least six months before

the expiration of the member’s current term.

Review

(2) A

member who receives a notice described in subsection (1) may apply in

confidence to the Council for a confidential review by the Council of the

appointing body’s grounds for refusing to renew the term, and upon completion

of that review the Council may order such disposition of the matter as it sees

fit.

Notice’s

effect on outstanding decisions

(3) Except

as otherwise directed by the appointing body, a member who receives notice of a

pending non-renewal and as a result leaves the adjudicative tribunal shall be

authorized and required to complete their outstanding decisions.

Extension

(4) If

a member is not given the six months of notice required by subsection (1),

their term shall be extended until six months after they have received notice

of the appointing body’s determination.

Non-renewal

for reasons that constitute just cause for dismissal, non-chair

(1) If an appointing body determines that the

appointment of a member of an adjudicative tribunal, other than a chair, should

not be renewed for reasons that would constitute just cause for dismissal, the

appointing body shall advise the Council in confidence of their conclusion and

the chair of the adjudicative tribunal shall halt the continuation of cases by

that member.

Confidential

review

(2) The

Council shall arrange for a confidential review of the appointing body’s

determination by an investigator who is independent from the adjudicative

tribunal.

Council’s

response

(3) On

receiving the investigator’s report, the Council may reinstate the member or

proceed with a dismissal proceeding that provides the member with a fair

hearing before an independent adjudicator chosen by the Council.

Non-renewal

for reasons that constitute just cause for dismissal, chair

(1) If the Council does not recommend that a

chair of an adjudicative tribunal should be renewed for reasons that would

constitute just cause for dismissal, the Council shall, by confidential

communication,

(

a) suspend

the appointment of the chair; and

(

b) assign

a person to assume the chair’s responsibilities while the Council conducts an

inquiry unless another Act provides for the assumption of the chair’s duties by

another person.

Council’s

response

(2) After

completing the inquiry, the Council may reinstate the chair or proceed with a

dismissal proceeding that provides the chair with a fair hearing before an

independent adjudicator chosen by the Council.

PART V

ROSTER REDUCTIONS

Positions

deemed permanent

(1) Once a position with an adjudicative

tribunal is established through the appointment of a person as a member of that

tribunal, the position shall be deemed a permanent roster position.

Permanent

roster position

(2) A

permanent roster position shall continue to be filled through renewals of the

term of the member who holds that position or through the filling of a vacancy

in that position by the selection and appointment of another individual, unless

the position is declared to be redundant in accordance with this Part.

Redundant

positions

(1) If the responsible Minister for an

adjudicative tribunal concludes, in consultation with the tribunal’s chair,

that the tribunal has a larger roster of members than it needs in order to deal

in a timely fashion with the cases the tribunal can reasonably expect in the

foreseeable future, the responsible Minister shall confidentially and in

consultation with the tribunal’s chair develop a roster reduction proposal

specifying,

(

a) the

facts and analysis on which the caseload projections and tribunal production

levels are based;

(

b) the

number of positions the responsible Minister proposes to declare redundant;

(

c) the

protocol for identifying the particular positions that are to be declared

redundant, including the members whose expected term renewals may have to be

denied in support of the plan;

(

d) how

the choice of members to be made redundant,

(

i) meets

the tribunal’s standards and reasonable needs and expectations, and

(ii) would

impact the ability of the tribunal’s membership to reflect the diversity of the

tribunal’s community of users; and

(

e) the

notice and compensation package for any members whose positions must be

declared redundant and the plan for re-engaging them elsewhere where possible.

Plan

to be shared with Council

(2) The

responsible Minister shall share the proposed roster reduction plan in

confidence with the Council, which shall consult on the opinion with the chair

of the adjudicative tribunal and give the Minister its opinion of the plan.

Minister’s

response

(3) The

responsible Minister may implement the roster reduction plan after considering

the Council’s opinion and making such adjustments, if any, to the plan as the

responsible Minister considers necessary in response to the opinion.

Effect

of redundancy

(4) Any

member whose position is declared redundant by the responsible Minister shall

be authorized and required to complete their outstanding decisions and may,

with the chair’s approval, continue the hearing of cases of which they were

seized at the time of the declaration.

PART VI

REGULATIONS

Regulations

Lieutenant

Governor in Council

(1) The Lieutenant Governor in Council may make

regulations,

(

a) prescribing

anything that is required or permitted under this Act to be prescribed or to be

done by or in accordance with the regulations;

(

b) governing

any transitional matters that may arise due to the enactment of this Act.

Council

(2) Subject

to the approval of the Lieutenant Governor in Council, the Council may make regulations

governing the terms of appointment for members of adjudicative tribunals, which

may alter, vary or set out exceptions from the rules set out in

section 16 or

PART VII

TRANSITION

Adjustment

of terms of appointment

24 On the day this

section comes into force, the terms of

appointments of any existing members of adjudicative tribunals that are set to

expire within less than 12 months after that day may have their terms extended

to such dates as the Council may determine.

User

satisfaction survey

(1) The Council shall begin conducting a user

satisfaction survey as soon as it determines it to be practical.

Survey

(2) The

survey shall assess the satisfaction of individuals who were parties to the

disputes that each adjudicative tribunal had resolved by decisions issued

during a period specified by the Council and of advocates who represented the

parties in those proceedings.

information required

(3) Every

adjudicative tribunal shall provide the Council with contact information for

the parties and advocates described in subsection (2) within the deadline

specified for the tribunal by the Council.

Information

to be held in confidence

(4) The

Council shall hold the information provided under subsection (2) in confidence

and shall only use it for the purpose of conducting the user satisfaction

survey.

Prioritization

(5) In

the administration of these surveys, the Council may prioritize the order of

adjudicative tribunals to be surveyed based on the Council’s judgment of the

urgency and gravity of possible dysfunctionality.

Results

(6) The

results of the user satisfaction surveys shall be reported to the Council and

to the chairs of the adjudicative tribunals and may be discussed in confidence

with affected tribunal chairs or members.

Interim

acting appointments

26 During the two-year period following the day on which this

section is proclaimed in force, the Council may appoint individuals to be

members of adjudicative tribunals in an acting capacity for terms of not more

than one year as needed to fill vacancies without needing to comply with the

requirements of Parts III and IV.

PART VIII

AMENDMENTS

Adjudicative

Tribunals Accountability, Governance and Appointments Act, 2009

(1) Section 2 of the Adjudicative

Tribunals Accountability, Governance and Appointments Act, 2009 is

amended by adding the following

definitions:

“Council”

means the Adjudicative Tribunal Justice Council established under

section 4 of

the Fewer Backlogs and Less Partisan Tribunals Act, 2024 ;

(“Conseil”)

“selection

committee” has the same meaning as in

section 2 of the Fewer

Backlogs and Less Partisan Tribunals Act, 2024 ; (“comité de sélection”)

(2) Subsection

4 (4) of the Act is amended by striking out “the tribunal’s responsible

minister” at the end and substituting “the Council”.

(3) Subsection

5 (3) of the Act is amended by striking out “the tribunal’s responsible

minister” at the end and substituting “the Council”.

(4) Subsection

7 (3) of the Act is amended by striking out “the tribunal’s responsible

minister” at the end and substituting “the Council”.

(5) Subsection

14 (4) of the Act is repealed and the following substituted:

Appointment

of non-chair

(4) No

person shall be appointed as a non-chair member of an adjudicative tribunal

unless the chair of the tribunal, after being consulted as to their assessment

of the person’s qualifications under subsections (1) and (2), concurs with the

selection committee’s recommendation that the person be appointed.

Reappointment

of non-chair

(4.1) No

person shall be reappointed as a non-chair member of an adjudicative tribunal

unless the chair of the tribunal, after being consulted as to their assessment

of the person’s qualifications under subsections (1) and (2) and of the member’s

performance of their duties on the tribunal, recommends that the person be

reappointed.

PART IX

COMMENCEMENT AND

SHORT TITLE

Commencement

28 This Act comes into force on the first anniversary of

the day this Act receives Royal Assent.

Short

title

29 The

short title of this Act is the Fewer

Backlogs and Less Partisan Tribunals Act, 2024 .

Date Bill stage Event Outcome Committee

April 22, 2024

Second Reading

Vote

Lost on division

April 18, 2024

Second Reading

Question put

Vote deferred

April 18, 2024

Second Reading

Debated

April 18, 2024

Second Reading

Debated

March 25, 2024

First Reading

Ordered for Second Reading

March 25, 2024

First Reading

Vote

Carried

First Reading

March 25, 2024

Carried

Ordered for Second Reading

Second Reading

April 18, 2024

Bell, Jessica

University—Rosedale

Fraser, John

Ottawa South

Hsu, Ted

Kingston and the Islands

Saunderson, Brian

Simcoe—Grey

Wong-Tam, Kristyn

Toronto Centre

Question put

April 22, 2024

Lost on division