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OntarioDid Not Pass43rd Parliament, 1st Session

Bill 179 explained in plain English

Fewer Backlogs and Less Partisan Tribunals Act, 2024

Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Ontario Legislature
Legislature / Parliament
Legislative Assembly of Ontario
Session
43rd Parliament, 1st Session
Bill number
Bill 179
Full title
Fewer Backlogs and Less Partisan Tribunals Act, 2024
Current status
Did Not Pass
Latest event
Lost on division
Last updated
Apr 22, 2024
Sponsor

Official Legislative Assembly of Ontario snapshot for 43rd Parliament, 1st Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.

Chamber
Legislative Assembly of Ontario
Current Stage
Lost on division
Latest Activity
Apr 22, 2024
Sponsor
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill 179 establishes the Adjudicative Tribunal Justice Council to oversee administrative tribunals in Ontario and changes how tribunal members are selected, appointed, and renewed.

What It Means

Bill 179 creates a new independent body called the Adjudicative Tribunal Justice Council to monitor and improve Ontario's administrative tribunals (bodies that resolve legal disputes outside regular courts). The Council will be made up of retired judges, tribunal members, lawyers, paralegals, and community representatives appointed by various groups. The Bill sets new rules for hiring and renewing tribunal members. Before hiring someone new, the responsible government minister must get the Council's approval for a recruitment plan. A selection committee will assess candidates and recommend the most qualified person, and the candidate must be accepted within 60 days or the minister must explain why in writing. For the first time, tribunal chairs must agree with non-chair member appointments and renewals. The Bill also protects tribunal positions by saying once a position is filled, it is considered permanent and must stay filled unless declared redundant under strict rules. Members can be renewed for specific term lengths—two or three years for the first term, then three or five years for renewals, depending on their experience. The Government must give the Council at least six months' notice before passing new laws or issuing directives that would affect tribunals. The Council must give its opinion on whether these changes would hurt tribunal quality. Members who might not be rehired have rights to notice, review, and fair hearings. The Bill comes into force one year after it receives Royal Assent.

What This Bill Does
  • Establishes the Adjudicative Tribunal Justice Council with 10 members appointed by the Assembly, the Attorney General, and various professional and community organizations
  • Requires the Council chair to be appointed by the Assembly by order based on unanimous panel selection unless unanimously decided otherwise
  • Gives the Council broad duties to monitor tribunal structure, operation, administration, hearing processes, and performance, and to identify barriers to accessible, timely, expert, inclusive, impartial and just dispute resolution
  • Requires the Council to prepare and update recruitment plans and take proactive steps to fill tribunal vacancies
  • Requires the Attorney General to give the Council at least six months' advance written notice of proposed legislation, regulations, or directives affecting tribunals, and the Council must provide written opinion within 60 days
  • Establishes a new selection committee process: before hiring a tribunal member, the responsible minister must get Council approval of a recruitment plan, a selection committee must assess candidates, and the committee must recommend the most qualified candidate whose appointment reflects user community diversity
  • Requires that appointment decisions be made within 60 days or the minister must provide written reasons for deferring or rejecting the committee's recommendation
  • Requires the chair of a tribunal to consent to the appointment and reappointment of non-chair members after being consulted on their qualifications
  • Sets default term lengths for tribunal members: first-time appointments of two or three years depending on prior experience; renewals for second terms of three years, third terms of five years, and subsequent terms of five years
  • Sets term limits for tribunal chairs: first appointment of five years, up to two renewals of five years each, maximum 15 years total
  • Establishes procedures for non-renewal without just cause, requiring six months' notice and allowing members to request Council review
  • Establishes procedures for non-renewal for just cause, requiring independent investigation and fair dismissal hearings before an independent adjudicator chosen by the Council
  • Designates tribunal positions as permanent once filled and requires they be filled through term renewal or replacement unless declared redundant under strict conditions
  • Requires ministers proposing roster reductions to develop detailed plans considering caseload analysis, impact on diversity, and notice/compensation, and to consult with the Council
  • Permits the Council to appoint interim acting tribunal members for up to one year without following the normal selection process during the first two years after the Act comes into force
  • Requires the Council to conduct user satisfaction surveys of tribunal parties and advocates
  • Allows the Council to conduct inquiries under section 33 of the Public Inquiries Act, 2009
  • Allows the Council to require tribunals to provide specified information and requires compliance within specified timelines
  • Requires the Council to report to the Speaker about substantial deficiencies or improvements in tribunals, and requires the Government to report on implementation progress within one year
  • Makes the Council chair an officer of the Assembly and prohibits them from holding other elected office without Speaker approval or from being a member of the Assembly
  • Allows the Council chair to be removed or suspended for cause only by Assembly vote of at least two-thirds of members
  • Amends the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 to give the Council duties previously assigned to responsible ministers and to require chair consent for non-chair member appointments and renewals
  • Allows the Lieutenant Governor in Council to make regulations prescribing details and addressing transitional matters
  • Allows the Council to make regulations governing tribunal member term lengths, subject to Lieutenant Governor in Council approval
Who Is Affected
  • Ontario administrative tribunal members (chairs and non-chairs) who are appointed, reappointed, or considered for term renewal
  • Candidates applying for positions on Ontario administrative tribunals
  • The Attorney General and other responsible ministers overseeing Ontario administrative tribunals
  • The Ontario Legislature/Assembly, which appoints the Council chair
  • Ontario administrative tribunals receiving Council oversight, monitoring, and reporting requirements
  • Parties and advocates who use Ontario administrative tribunals (affected by Council user satisfaction surveys)
  • Retired Superior Court of Justice and Ontario Court of Justice judges appointed to the Council
  • Members of the Society of Ontario Adjudicators and Regulators appointed to the Council
  • The Association of Community Legal Clinics of Ontario, which appoints a member to the Council
  • The Administrative Law Section of the Ontario Bar Association, which appoints a member to the Council
  • The Federation of Ontario Law Associations, which appoints a member to the Council
  • Selection committee members who assess tribunal member candidates
  • The Speaker of the Assembly, who chairs the panel selecting the Council chair and receives Council reports
  • Government officials preparing recruitment plans and roster reduction proposals
Rights, Duties, Or Obligations
  • The Attorney General must provide the Council with at least six months' advance written notice of proposed legislation, regulations, or directives affecting tribunals (Section 11)
  • The Council must provide written opinion within 60 days on the compatibility of proposed changes with tribunal quality standards (Section 11)
  • If a minister fails to provide the required notice, they must promptly provide it and report the failure to the Assembly (Section 11(3))
  • Before making a tribunal appointment, the responsible minister must apply to the Council for approval of a recruitment plan specifying positions, qualifications, selection process, committee composition, and candidate recruitment strategy (Section 13)
  • A selection committee must assess candidates using specified criteria and recommend the most qualified candidate whose appointment reflects user community diversity (Section 14(3))
  • The Lieutenant Governor in Council or Minister must respond to selection committee recommendations within 60 days by accepting, deferring, or rejecting with written reasons (Section 14(4))
  • A tribunal chair must consent to appointment and reappointment of non-chair members after being consulted on their qualifications (Section 14(4) and 14(4.1) of the amended Act)
  • Members of a tribunal appointed under this Act have their first terms set as two years (if less than two years' prior experience) or three years (if two or more years' prior experience) (Section 16)
  • Non-chair members may have terms renewed for three years (second term), then five years (third term), then five-year increments for subsequent terms (Section 16)
  • Tribunal chairs have first appointments of five years, up to two renewals of five years each, with a maximum 15-year total service limit (Section 17)
  • If a member's renewal is recommended before their term expires, their term is automatically extended until the renewal is finalized or a non-renewal is completed (Section 16(4))
  • Members not being renewed for non-just-cause reasons must be given at least six months' notice and have the right to request Council review (Section 18)
  • Members not being renewed for just-cause reasons have the right to independent investigation and a fair hearing before an independent adjudicator (Section 19)
  • Members whose positions are declared redundant must be authorized and required to complete outstanding decisions (Section 22(4))
  • Tribunal positions are designated as permanent and must be filled through renewal or replacement unless declared redundant (Section 21)
  • Roster reduction proposals must be detailed, consider caseload analysis, diversity impact, and notice/compensation, and must be shared with the Council for consultation (Section 22)
  • The Council must conduct user satisfaction surveys and hold contact information in confidence for survey purposes only (Section 25)
  • All adjudicative tribunals must comply with the Council's information requests within specified timelines (Section 9)
  • Tribunal members have their outstanding decisions preserved and may complete cases they were seized of even during non-renewal or redundancy situations (Sections 18(3) and 22(4))
Important Dates
  • The Act comes into force on the first anniversary of the day it receives Royal Assent (date to be determined when Royal Assent occurs)
  • Within six months before the Act comes into force, term extensions of existing tribunal members can be adjusted to such dates as the Council determines for those whose appointments expire within less than 12 months after the Act comes into force
  • During the two-year period following the day the interim acting appointment section is proclaimed in force, the Council may appoint individuals to be tribunal members in an acting capacity for up to one year without following normal selection procedures
  • The Council must begin conducting user satisfaction surveys as soon as it determines it practical
  • Within 60 days after receiving a selection committee's recommendation, the Minister must accept, defer, or reject the recommendation
  • Within one year after the Council provides recommendations to the Speaker, the Government must report on implementation progress
Financial Or Tax Impacts
  • The Bill does not specify the cost of establishing or operating the Adjudicative Tribunal Justice Council, including staff, office space, or operating expenses
  • The Bill does not specify compensation or severance amounts for tribunal members whose positions are declared redundant; this is to be determined in the roster reduction proposal (Section 22(1)(e))
  • The Bill does not specify whether tribunal members will receive additional compensation for changed terms or conditions
  • The bill does not specify any costs associated with recruitment activities, selection committee operations, or user satisfaction surveys
Enforcement Or Penalties
  • The Bill does not specify penalties for failure to comply with the Council's information requests, though Section 9(2) states tribunals 'shall provide' required information within specified timelines
  • The Bill does not specify penalties for ministers failing to provide the required six-month advance notice, though Section 11(3) requires them to report the failure to the Assembly
  • The Bill does not specify enforcement mechanisms if the responsible minister or Council chair fails to comply with conflict-of-interest or procedural requirements
  • The Council chair may be removed or suspended for cause only by Assembly vote of at least two-thirds of members (Section 4(8))
  • The Bill does not establish specific enforcement mechanisms if appointment timelines (e.g., 60-day response periods in Section 14(4)) are not met
  • The Bill does not specify remedies or consequences if proposed legislation or directives are enacted despite unfavorable Council opinion
Uncertainties Or Limits
  • The Bill does not specify which Ontario administrative tribunals are covered by 'adjudicative tribunal' - this term is defined by reference to the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009, requiring review of that Act to determine scope
  • The Bill does not specify the budget or funding for the Council's operations, staff, inquiries, or user surveys
  • The Bill does not specify what 'just cause for dismissal' means beyond cross-reference to the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009; the meaning must be determined by that Act
  • The Bill does not specify what qualifications selection committees must use to assess candidates beyond a cross-reference to subsections 14(1) and (2) of the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009
  • The Bill does not detail what 'diversity of the tribunal's community of users' means or how to measure it
  • The Bill does not specify what information tribunals must provide to the Council or how detailed such information must be
  • The Bill does not specify deadlines for the Council to report user satisfaction survey results
  • The Bill does not clarify how interim acting appointments can continue beyond two years or what transition procedures apply
  • The Bill does not specify whether the Council's opinion must be made public or can be kept confidential
  • The Bill does not specify what happens if a minister continues to ignore the Council's six-month notice requirement after reporting the failure
  • The Bill does not specify procedures for resolving disputes between the Council and responsible ministers regarding roster reductions
  • Section 3(2) states that declarations in other Acts that their provisions apply 'despite anything in this Act' expire three years after Royal Assent unless amended, re-enacted, or expressly stated to apply despite expiration - the practical effect of this provision on existing tribunal legislation is unclear
  • The Bill does not specify whether the Council's chair appointment by the Assembly is subject to confidence votes or other parliamentary procedures
  • The Bill does not clarify the precise meaning of 'compliance and compatibility' the Council must assess in proposed legislation (Section 11(2))
  • The Bill does not specify what constitutes practical readiness to begin user satisfaction surveys or who makes that determination
Laws Or Regulations Affected
Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009
amended

This existing law is changed to assign several duties to the new Council that were previously handled by responsible ministers. Subsections 4(4), 5(3), and 7(3) now direct certain decisions to the Council. Subsection 14(4) is changed to require the tribunal chair to concur with selection committee recommendations for non-chair member appointments, and a new subsection 14(4.1) requires the chair to recommend non-chair member reappointments.

Source: Part VIII, Section 27

Public Inquiries Act, 2009
applied

Section 33 of this Act applies to inquiries conducted by the Council, meaning the Council can compel testimony and conduct formal inquiries with procedural protections similar to public inquiries.

Source: Section 8(2)

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Process Snapshot

Step 1
First reading
Mar 25, 2024
Step 2
Second reading
Apr 22, 2024
Step 3
Committee review
Not reached yet
Step 4
Third reading
Not reached yet
Step 5
Royal assent
Not reached yet

Vote Summary

Yes
34
No
67
Abstain
0
Absent / Other
0
Final recorded vote
Apr 22, 2024
101 representative positions are recorded in this official snapshot for this vote.
Sponsor
Ted Hsu
Ontario Liberal Party | Kingston and the Islands
Jurisdiction
Ontario Legislature

Representative Voting Breakdown

Vote badges include text labels so the table stays readable for everyone, even without color cues alone.

RepresentativeRoleRidingPartyVoteNotes
Ted HsuSponsor
MPP
MPPKingston and the IslandsOntario Liberal PartyYesRecorded without an additional note.
MPPDon Valley EastOntario Liberal PartyYesRecorded without an additional note.
MPPKitchener CentreGreen Party of OntarioYesRecorded without an additional note.
MPPScarborough—GuildwoodOntario Liberal PartyYesRecorded without an additional note.
MPPParkdale—High ParkNew Democratic Party of OntarioYesRecorded without an additional note.
MPPHaldimand—NorfolkIndependentYesRecorded without an additional note.
MPPWaterlooNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOttawa West—NepeanNew Democratic Party of OntarioYesRecorded without an additional note.
MPPNickel BeltNew Democratic Party of OntarioYesRecorded without an additional note.
MPPMushkegowuk—James BayNew Democratic Party of OntarioYesRecorded without an additional note.
MPPSudburyNew Democratic Party of OntarioYesRecorded without an additional note.
MPPSt. CatharinesNew Democratic Party of OntarioYesRecorded without an additional note.
MPPUniversity—RosedaleNew Democratic Party of OntarioYesRecorded without an additional note.
MPPToronto—St. Paul'sNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOttawa CentreNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOttawa SouthOntario Liberal PartyYesRecorded without an additional note.
MPPTimiskaming—CochraneNew Democratic Party of OntarioYesRecorded without an additional note.
MPPKanata—CarletonOntario Liberal PartyYesRecorded without an additional note.
MPPToronto CentreNew Democratic Party of OntarioYesRecorded without an additional note.
MPPWindsor WestNew Democratic Party of OntarioYesRecorded without an additional note.
MPPThunder Bay—Superior NorthNew Democratic Party of OntarioYesRecorded without an additional note.
MPPDavenportNew Democratic Party of OntarioYesRecorded without an additional note.
MPPBeaches—East YorkOntario Liberal PartyYesRecorded without an additional note.
MPPAlgoma—ManitoulinIndependentYesRecorded without an additional note.
MPPGuelphGreen Party of OntarioYesRecorded without an additional note.
MPPHamilton MountainNew Democratic Party of OntarioYesRecorded without an additional note.
MPPLondon WestNew Democratic Party of OntarioYesRecorded without an additional note.
MPPToronto—DanforthNew Democratic Party of OntarioYesRecorded without an additional note.
MPPKiiwetinoongNew Democratic Party of OntarioYesRecorded without an additional note.
MPPOrléansOntario Liberal PartyYesRecorded without an additional note.
MPPLondon North CentreNew Democratic Party of OntarioYesRecorded without an additional note.
MPPLondon—FanshaweNew Democratic Party of OntarioYesRecorded without an additional note.
MPPHumber River—Black CreekNew Democratic Party of OntarioYesRecorded without an additional note.
MPPNiagara FallsNew Democratic Party of OntarioYesRecorded without an additional note.
MPPBrampton WestProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPWindsor—TecumsehProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPEssexProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPScarborough—AgincourtProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMarkham—UnionvilleProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPCambridgeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPSimcoe—GreyProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPEtobicoke—LakeshoreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPRichmond HillProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPPeterborough—KawarthaProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPScarborough CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPNewmarket—AuroraProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga—MaltonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPOakville North—BurlingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPCarletonIndependentNoRecorded without an additional note.
MPPBrampton EastProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBarrie—InnisfilProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPYork—SimcoeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBrampton CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPNorthumberland—Peterborough SouthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPFlamborough—GlanbrookProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPOxfordProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPTimminsProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBrampton NorthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPParry Sound—MuskokaProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPSimcoe NorthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPThunder Bay—AtikokanProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPEtobicoke CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPHaliburton—Kawartha Lakes—BrockProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPHuron—BruceProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPAurora—Oak Ridges—Richmond HillProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPYork CentreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPKitchener—ConestogaProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPHamilton East—Stoney CreekProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPStormont—Dundas—South GlengarryProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMarkham—StouffvilleProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPPickering—UxbridgeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPScarborough NorthProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPNiagara WestProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPOakvilleProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPKing—VaughanProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPLeeds—Grenville—Thousand Islands and Rideau LakesProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPDufferin—CaledonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPDurhamProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPChatham-Kent—LeamingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPNipissingProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPScarborough—Rouge ParkProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPKitchener South—HespelerProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPLanark—Frontenac—KingstonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPRenfrew—Nipissing—PembrokeProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga East—CooksvilleIndependentNoRecorded without an additional note.
MPPThornhillProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPNepeanProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMarkham—ThornhillProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPWhitbyProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPPerth—WellingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPYork South—WestonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBurlingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPAjaxProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPHastings—Lennox and AddingtonProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBruce—Grey—Owen SoundProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPEglinton—LawrenceProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga—LakeshoreProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPMississauga—Erin MillsProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPGlengarry—Prescott—RussellProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPBay of QuinteProgressive Conservative Party of OntarioNoRecorded without an additional note.
MPPDon Valley NorthIndependentNoRecorded without an additional note.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced