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ASSIGNMENT 2: SOCIAL BENEFITS TRIBUNAL REPORT


COURSE NAME: ADMINISTRATIVE LAW
SUBMISSION DATE: 10 DECEMBER, 2023

SUBMITTED TO:
ANNE ALLEN

SUBMITTED BY:
ROUNAK VIRMANI
PAWANPREET KAUR GILL
VAIBHAV KUKREJA
YUG BHATIA
SHEFALI PARMAR
BALWINDER SINGH

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I. ABOUT THE TRIBUNAL : SOCIAL BENEFITS TRIBUNAL

1.What is the current purpose and function of your tribunal ?

SBT operates independently of the province's social assistance offices, local Ontario Works
offices, and the Ministry of Community and Social Services. When someone disagrees with a
decision that impacts their eligibility or the amount of social assistance they receive under the
Ontario Works Act or the Ontario Disability Support Program Act, they can appeal the decision
to the Social Benefits Tribunal (SBT).
The SBT is one of the thirteen tribunals which form Tribunals Ontario. SBT does its work in
keeping with the core values of Tribunals Ontario:
 Accessibility
 Fairness and independence
 Timeliness
 Transparency
 Professionalism and public service1

2. List and describe the statute and regulations that your tribunal will follow when making its
decisions? List and describe any policy documents, Interpretation Guidelines and/ or Practice
Directions that the tribunal may rely on when makings its decisions?

(i) Ontario Works Act , 1997


(ii) Ontario Disability support programme act, 1997
(iii) Statutory Powers Procedure Act
(iv) SBT Rules of Procedure
(v) Practice Directions-
 Practice Direction on Representation before Social Justice Tribunals Ontario
 Practice Direction on Litigation Guardians before Social Justice Tribunals Ontario
 Practice Direction on Interim Assistance
 Practice Direction on Reconsideration Requests

1
Social Benefit Tribunal, “Legislation and Regulation”(2023) at para 2, Online (Pdf) : <
https://tribunalsontario.ca/sbt/legislation-and-regulation/>

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 Practice Direction on Electronic Hearings


 Practice Direction on Rescheduling of Hearings and Adjournments
 Practice Direction on Early Resolution Opportunities
 Practice Direction on Human Rights Issue or Challenge
 Practice Direction on Recording Proceedings
 Practice Direction on Pre-Hearing Conferences
 Practice Direction on Communicating with the Social Benefits Tribunal (new)2

3. Describe the current structure /organization of your tribunal. What does the tribunal’s
enabling statute say about this?

Part IV of Ontario works act, 1997- Social benefits tribunal- The Social Benefits Tribunal was
created in accordance with Section 60 of the applicable Act and is tasked with carrying out
numerous Acts' mandates and holding hearings. The Lieutenant Governor in Council appoints
members, and their compensation is set in accordance with that appointment. The Lieutenant
Governor in Council appoints the Chair and vice-chairs; in the Chair's absence, a Minister-
designated individual takes up the role. The appropriate workers may be appointed in
accordance with Section 63. Section 64 gives the Chair the authority to grant members
permission to hold hearings, with the Tribunal making decisions as a whole. In Ontario, sittings
can take place anywhere, including on paper when necessary. Hearing privacy and procedural
considerations are outlined in Section 66, which emphasizes the need of members' attendance
at all times. Section 66(5) outlines the provisions for financial hardship for parties or witnesses.
The jurisdiction of the Tribunal is outlined in Section 67, which also states that the Tribunal is
not permitted to rule on matters of legislative or constitutional legality and that decisions must
be made in accordance with the administrator's authority.3

2
Ibid at para 4.
3
Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A.

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II. INITIATING THE PROCESS

Q1. Discuss which document initiates an action at the tribunal? What is the form used, what
needs to be in the form, and what must be attached to the form (if anything)? How is the form
issued, served, and filed?

Ans 1. The document that initiates an action at the tribunal is called Form 1 i.e., the appeal
form. An appeal can be filed with the Social Benefit Tribunal if you have either been refused
social assistance or you disagree with a decision that affects:
 Your eligibility for assistance
 The amount of assistance you receive
 The benefits you receive

Before you can appeal to the SBT, you must request an internal review by the Ontario Disability
Support Program (ODSP) or Ontario Works (OW) office that made the decision. The SBT does
not decide on internal reviews. You must file your appeal with the SBT within 30 days of
receiving the internal review decision. If you are late filing, you need to explain why. The SBT
will decide whether to allow a late appeal.4
The following things must be attached along with the forms:
The original Notice of Decision from the OW or ODSP office
Your request for an internal review from the OW or ODSP office
The internal review decision (if you received one).

The form is available on the website of the Social Society Tribunal, and it can be downloaded
for free and submitted through mail. If you submit by mail or courier, you will experience
processing delays.

Q2. Discuss which documents a party responds with. What is the form used, what needs to be
in the form, and what must be attached to the form (if anything)? How is the form issued,
served, and filed?

4
Social Benefit Tribunal, “Forms and Fillings”(2023) at form 1 , Online (Pdf) : <
https://tribunalsontario.ca/sbt/legislation-and-regulation/>

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Ans 2. The party can respond through Appeal form no 3 within 30 days of receiving the Notice
of Appeal from the SBT, the OW or ODSP office must deliver a completed Response to Appeal
to the appellant and file it with the SBT. If the OW or ODSP office has a new preliminary
objection, jurisdictional issue, or its position changes, an amended Response to Appeal must
be delivered to the appellant and filed with the SBT at least 30 days before the hearing5.
Instruction for Response of appeal:
Part 1 Asks for general information about you and the other parties.

Part 2 requires you to:

 tell us if this is your initial response or an amended response to the appeal


 provide the details of your response
 tell us whether you will be making a written submission and, if so, when

Part 3 requires your signature and the contact information for your representative. You must
also indicate whether the representative will be attending the hearing.

a) File all pages of the response and any written submissions with the SBT no later than
30 days after receiving the Notice of Appeal. You must also give a copy of the response
and any written submissions to the appellant and any other parties no later than 30 days
after you receive the Notice of Appeal.

b) If you have any changes or updates to the details of your response, you must file an
amended Response to Appeal form with the SBT and give a copy to the other parties
no later than 30 days before the hearing.

c) A respondent who intends to participate at the hearing must inform the SBT and the
appellant in writing. Inform the SBT and the appellant as soon as possible after
receiving the Notice of Hearing and at least 7 days before the hearing date. You can use
the Response to Appeal form or write a separate letter.6

5
Social Benefit Tribunal, “Forms and Fillings”(2023) at Form 3, Online (Pdf) : <
https://tribunalsontario.ca/sbt/legislation-and-regulation/>

6
Social Benefit Tribunal, “Forms and Fillings”(2023) at para 2, Online (Pdf) : <
https://tribunalsontario.ca/sbt/legislation-and-regulation/>

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III. PRELIMINARY MATTERS

Discuss the timing of any case conferences or pre-hearing?

Anyone who wants to hold a pre-hearing meeting must give the Tribunal a written request
within ten (10) days of the appeal being filed. The request must include the reasons for the
request.7

What is done at the conference?

A pre-hearing conference may be held to deal with the following:

 Whether to consolidate appeals that deal with the same or similar questions of fact, law
or policy?
 Whether any facts or evidence may be agreed upon by the parties?
 The dates by which any steps in the appeal process are to be taken or begun.
 The estimated length of the main hearing.
 The order of proceedings at the main hearing.
 Any other matter that may assist in the just and expeditious disposition of the appeal.8

Who presides over the conference?

An SBT member presides over the pre-hearing conference.

What kind of orders can be made at the conference?

When the pre-hearing conference is over, the parties may agree to use consensus to handle any
procedural problem that was brought up.

The SBT will send a written interim procedural ruling or direction to all parties within 10 days.
It will cover issues connected to the main hearing of the appeal.

7
Social Benefit Tribunal, “Practice Directions on Pre Hearing Confrences”(2023) at para 4, Online (Pdf) : <
https://tribunalsontario.ca/sbt/legislation-and-regulation/>
8
Ibid at para 6

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If the appeal is settled during or after the pre-hearing meeting, the person who made the appeal
must take it back as soon as possible. The SBT will let the parties know that the hearing has
been cancelled and confirm that they have received the withdrawal.

1. Evidence and Witnesses:

1. Relevant Statutes: Section 17 of the Statutory Powers Procedure Act (SPPA)


establishes the broad guidelines for evidence admission, allowing a tribunal to admit
any material it deems necessary and relevant, regardless of whether it would be allowed
in a court of law.9

2. Evidence Submission: All parties to a hearing, such as the respondent (which can be
a social assistance program) and the appellant, are normally permitted to present
pertinent evidence to bolster their positions.

3. Witnesses: Throughout the hearing, witnesses may be asked to testify.

4. Witness Examination: Procedures for summoning and questioning witnesses at oral


hearings are outlined in SPPA Section 18. The tribunal is authorized to administer
affirmations and oaths under this clause.10

5. Cross-Examination: The chance to question witnesses that the opposing side has
called may be granted to both parties.

6. Expert Witnesses: If required, the parties may call experts to offer their specialized
knowledge or viewpoints on pertinent issues.

7. Documentary Evidence: Records, reports, and other pertinent papers are examples of
the documentation that the parties may provide.

8. Hearsay Evidence: Although there may be exceptions to the stringent rules of


evidence, tribunals typically take the credibility and applicability of the evidence into
account. Hearsay evidence may also be admitted at the tribunal's discretion.

9
Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, S.17.
10
Ibid at s. 18

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9. Notice and Disclosure: Generally, parties must notify the other party of the evidence
they want to use and share any pertinent papers with them.

10. Record of Proceedings: Transcripts, papers, and other pertinent information may be
included in the record of proceedings that the tribunal keeps.

11. The SPPA Decision-Making Process Section 21: Written decisions with
justifications are required by the SPPA11.

2. ADR/Mediation:

What kinds of mediation services are available at the tribunal?

Despite being primarily an adjudicative body, the SBT might not offer official mediation
services within the tribunal.It is noteworthy, therefore, that mediation services may be
accessible via alternative channels or initiatives linked to Ontario's more comprehensive legal
and social aid system. Among the options are:

Community Mediation Services: Local community law clinics or mediation services may be
able to mediate conflicts, particularly those involving social assistance. Many times, these
services operate separately from the SBT.

Legal Aid Ontario: In addition to providing legal services, Legal Aid Ontario (LAO) may, in
some circumstances, also offer mediation or other forms of alternative conflict resolution.
Mediation services provided by community legal clinics may be funded by LAO.

Community Legal Clinics: In Ontario, community legal clinics offer a range of services, such
as legal aid and guidance. As part of their services, certain clinics might use mediation or other
dispute resolution procedures.

Government-Sponsored Mediation Services: The province government may offer particular


services or programs targeted at settling conflicts; mediation for social assistance cases may be
one of these.

11
Statutory Powers Procedure Act, R.S.O. 1990, c. S.22,s.21.

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Municipal Services: In Ontario, municipalities may provide their local citizens with mediation
or conflict resolution services. These services might be used for comparable problems even if
they might not be specifically related to social assistance appeals.

Is mediation voluntary or mandatory?

Mediation in Social Benefits Tribunal is held where all parties to the appeal agree to participate
in the session. Mediation is voluntary.

Discuss any required forms or agreements that may result.

Confirmation of Settlement and Request for Consent Order (Form 9)

Describe the process.

Everyone involved has a chance to talk about the problem informally and try to find a solution
before the hearing. This is called an Early Resolution Opportunity (ERO). Usually, an ERO is
set up soon after the appeal is made. There may be an exchange of information and documents
during an ERO, and the problems being appealed may be narrowed down or solved.

During the ERO, an Appeal Resolution Officer works as a go-between. The Appeal Resolution
Officer doesn't do anything for you; instead, he or she helps the conversation stay on track.

IV.HEARING STAGE

Requirements to appeal

Rule 2 - Appeals to SBT12

2.1 Before commencing an appeal to the SBT the appellant must file a written request for
internal review within 30 days of receiving the Administrator/Director's decision or
have been granted an extension of time to request an internal review.

12
Social Benefit Tribunal, “Rules of procedures for appeal to social benefit tribunal” (2023) at Rule 2, Online
(Pdf) : < https://tribunalsontario.ca/sbt/legislation-and-regulation/>

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2.2 A request to extend time for internal review must be made to the
Administrator/Director. The SBT will not consider a request to extend time for
internal review.

Appeals of OWA Decisions

2.3 An applicant or recipient may appeal the final decision of an Administrator affecting:

a. eligibility for basic financial assistance; or,


b. the amount of basic financial assistance.

2.4 The parties to an OWA appeal are:

a. the appellant;
b. the Administrator;
c. the appellant's dependent spouse where he or she has been given
notice by the Administrator of an overpayment that is under appeal;
d. the Director of Ontario Works if at any stage of the appeal the
Director asks to be added as a party to the appeal; and
e. an intervener or any other persons specified by the SBT.

Appeals of ODSPA Decisions

2.5 An applicant or recipient may appeal the final decision of the Director
of ODSP affecting:

a. eligibility for or the amount of income support;


b. assistance for children with severe disabilities under s.49 of
the ODSPA; or,
c. extended health benefits under s. 49.1 of the ODSPA.

2.6 The parties to an ODSPA appeal are:

a. the appellant;
b. the Director;

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c. the appellant's dependent spouse where he or she has been given


notice by the Director of an overpayment that is under appeal; and,
d. an intervener or any other persons specified by the SBT.

Rule 2 determines "Appeals to SBT," the procedural prerequisites for instigating


appeals before the Social Benefits Tribunal (SBT). Before initiating an appeal, the
appellant is obligated to submit a written request for internal review within 30 days
of receiving the decision from the Administrator/Director or secure an extension for
this internal review period.

Any plea to extend the timeframe for internal review must be directed to the
Administrator/Director, as the SBT does not entertain requests for such extensions.
Concerning appeals linked to determinations made by the Ontario Works
Administration (OWA), an applicant or recipient retains the right to challenge the final
decision of an Administrator impacting eligibility for basic financial assistance or the
associated amount.

In OWA appeals, the relevant parties encompass the appellant, the Administrator, the
appellant's dependent spouse (if informed by the Administrator of an appealed
overpayment), the Director of Ontario Works (if seeking inclusion as a party), and any
specified interveners or individuals designated by the SBT.

Similarly, in appeals about determinations under the Ontario Disability Support


Program Act (ODSPA), an applicant or recipient holds the right to contest the final
decision of the Director of ODSP impacting eligibility or the quantum of income
support, assistance for children with severe disabilities, or extended health benefits.

In ODSPA appeals, the involved parties encompass the appellant, the Director, the
appellant's dependent spouse (if notified by the Director of an appealed overpayment),
and any specified interveners or individuals designated by the SBT. The stipulated
regulations ensure a lucid and organized procedure for contesting decisions before the
SBT in both OWA and ODSPA instances.

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Rule 15 - Reconsideration13

15.1 Any party may request a reconsideration of a final decision in writing by completing
an Application for Reconsideration (Form 2). The complete Application for
Reconsideration must be delivered to the other parties and filed with the SBT within
30 days of receiving the decision.

15.2 An Application for Reconsideration filed more than 30 days after receiving the
decision must include written submissions explaining:

a. why the Application for Reconsideration was not filed within the
time required; and,
b. confirm the Application for Reconsideration was filed within one
year of the SBT's decision.

15.3 The SBT will not accept a request for reconsideration filed more than one year after
the date of the final decision.

15.4 Interim Assistance Orders are not final decisions.

15.5 The SBT will not process a second request for reconsideration of the same decision
from the same party unless there are exceptional circumstances.

Rule 15 (Part II) of Social Benefits Tribunal Specific Rules "Reconsideration," allows any
involved party to formally seek a reconsideration of a conclusive decision by submitting a
written request using the prescribed "Application for Reconsideration" form (Form 2). The
comprehensive application must be shared with other parties and submitted to the SBT within
30 days of receiving the decision. If the application is submitted beyond this period, it requires
a written explanation detailing the reasons for the delay and confirmation that it falls within
one year of the SBT's decision. It's crucial to note that the SBT will not entertain

13
Social Benefit Tribunal, “Rules of procedure for appeal to social benefit tribunal”(2023) at Rule 15, Online
(Pdf) : < https://tribunalsontario.ca/sbt/legislation-and-regulation/>

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reconsideration requests submitted more than one year after the final decision date. It's
emphasised that Interim Assistance Orders are not considered final decisions. Additionally, the
SBT will not process a second reconsideration request from the same party for the same
decision unless exceptional circumstances justify such reconsideration.

Rule 16 - Appeal to Divisional Court14

16.1 Any party to the hearing may appeal the SBT's decision to the Divisional Court on
a question of law within 30 days of receiving the final decision or, where a request
for reconsideration is filed, within 30 days of receiving the reconsideration decision,
by the Rules of Civil Procedure.

16.2 The party appealing the decision must deliver a copy of the notice of appeal and the
Divisional Court file number to the SBT as soon as possible upon filing the appeal.
Upon receipt of the Notice of Appeal, the SBT will prepare and file its Record of
Proceedings with the Court.

Rule 16, "Appeal to Divisional Court," deals with the procedure for any party involved in a
Social Benefits Tribunal (SBT) hearing to appeal the tribunal's decision to the Divisional Court
based on a question of law. The appeal must be initiated within 30 days of receiving the final
decision or, if a request for reconsideration is made, within 30 days of receiving the
reconsideration decision, adhering to the Rules of Civil Procedure. The party initiating the
appeal is required to promptly provide the SBT with a copy of the notice of appeal and the
Divisional Court file number. Upon receipt of the Notice of Appeal, the SBT prepares and files
its Record of Proceedings with the Divisional Court, establishing a structured process for
addressing legal questions through an appeal to the higher court.

V. DECISIONS AND REASONS

14
Social Benefit Tribunal, “Rules of procedure for appeal to social benefit tribunal”(2023) at Rule 16, Online
(Pdf) : < https://tribunalsontario.ca/sbt/legislation-and-regulation/>

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Discuss how adjournments are requested, what forms are used, and what factors (if any)
are considered before they are granted.

1. Discuss how adjournments are requested

Before asking the SBT to change the hearing date, the party should talk to the other party
and get their consent. When writing the request to change the date, include details about
when and how the requester informed the other party about the request. If the other party
agrees, confirm it in writing.

The request to change the date must be in writing and should explain in detail why a
new date is needed. Additionally, include information about any past requests to change
the date the SBT didn't approve. If possible, provide a daytime telephone number where
the requester can be contacted.15

2. what forms are used


There is no form used for the request, while for a request, you must submit a letter.

3. what factors (if any) are considered before they are granted.
When deciding if they should allow a delay, the SBT may look at the following things
if they apply:

 Is the delay necessary to have a fair and timely hearing?


 What are the reasons for wanting to change the date?
 Were there any previous requests to change dates?
 What conditions were set before if the hearing date changed before, especially if
the SBT said it must happen on that date unless something unexpected and unfair
comes up?
 Was the request made as soon as possible?
 Did the party try everything reasonable to avoid needing a delay?
 Would someone be unfairly harmed if the request is accepted or denied?

15
Social Benefit Tribunal, “Forms and Fillings”(2023) at Rules for adjournment, Online (Pdf) : <
https://tribunalsontario.ca/sbt/legislation-and-regulation/>

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 Did both parties agree to the delay?


 When did the requester start getting ready for the hearing?
 When did the requester start looking for a lawyer?
 Is the lawyer hired after the date was set not available on that day?
 Are the issues in the case complicated or straightforward?
 Is there any urgency in the situation?
 Are there serious personal emergencies or compassionate reasons?
 Any other thing that's important to have a fair and timely hearing.

Generally, conflicts in schedules or vacations of lawyers won't be a strong reason to


delay. It's expected that someone else in the office can go to the hearing for the party.

2. Types of Hearings –

A) Discuss the different types of hearings that are available at the tribunal and which
issues may be heard in non-oral ways.
Types of Hearings: Oral Hearings: In-Person Hearings: In-person meetings between
parties are permitted by Section 14 of the Social Benefits Tribunal Act, 1997.16
Hearings by Teleconference: Section 14 of the Social Benefits Tribunal Act, 1997
also provides for these hearings, which take place over the phone.
Non-Oral Hearings: Paper Hearings: Under Section 14 of the Social Benefits
Tribunal Act, 1997, parties may submit written arguments and supporting
documentation in lieu of appearing in person or by videoconference.
File examine: The Social Benefits Tribunal Act, 1997, Section 14(3), gives the
tribunal the right, in the absence of an oral hearing, to examine the case based on
the papers that are on file.
Problems Heard Not Orally:
Determining Eligibility:
Problems pertaining to the requirements for qualifying for disability support
benefits under the Ontario Disability Support Program Act (ODSP Act, 1997).

16
Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B, s.14.

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Disputes involving the determination of income and assets that impact a person's
eligibility for disability assistance benefits are covered by the ODSP Act.
OW Act (Ontario Works Act, 1997): Questions about assets and income that impact
a person's ability to receive Ontario Works payments.17
SPPA (Statutory Powers Procedure Act) procedural matters include requests for
adjournments and time extensions (Section 15 of SPPA)18.
Policy Interpretation: Ontario Works Act (OWA) cases and the ODSP Act: cases
where the appeal's main focus is on how policies or regulations are interpreted.

B ) Discuss the rules that are set out for the hearing process, including timing,
procedure, how evidence is admitted, etc

The Statutory Powers Procedure Act (SPPA) and particular statutes pertaining to
social assistance programs, such as the Ontario Disability Support Program Act,
1997 (ODSPA) and the Ontario Works Act, 1997 (OWA), contain the rules that
regulate the hearing process at the Social Benefits Tribunal (SBT) in Ontario. Here
are a few crucial elements of the hearing procedure:

1. Timing and Notice: Section 7 of the SPPA lays forth guidelines for hearing
notice. In general, the time, date, and location of the hearing must be reasonably
announced to the parties.19

2. Representation: In accordance with the tribunal's regulations, parties may be


represented at a hearing by an agent or legal counsel under SPPA Section 1320.

3. Adjournments and Postponements: The tribunal may accept or reject requests for
adjournments or postponements under SPPA Section 1521.

17
Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A
18
Statutory Powers Procedure Act, R.S.O. 1990, c. S.22,s.15.
19
Ibid, s.7
20
Ibid, s.13
21
Ibid, s.15

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4. Evidence and process: The SPPA provides guidelines for both evidence and
process in Section 1722. Regardless of the stringent legal requirements for evidence,
it enables tribunals to admit any evidence they deem pertinent and essential.

5. Oral Hearings: The ability to hold oral hearings is granted by SPPA Section 18.
It describes how to call and question witnesses, provide testimony, and submit
documents.

6. papers and Records: Tribunals may order the submission of papers and records
during a hearing under SPPA Section 19.

7. Making Decisions: SPPA Section 21 lays out the fundamental standards for
making decisions, such as the requirement that decisions be made in writing and
include justifications.

8. Tribunal Powers: SPPA Section 23 delineates the extensive authority granted to


tribunals to oversee their internal operations.

9. Non-Oral Hearings (Paper Hearings and File Reviews): Section 14(3) of the
Social Benefits Tribunal Act, 1997 expressly gives the tribunal the power to hold
hearings in which no oral testimony is required, such as paper hearings or file
reviews.

10. Appeals: SPPA Section 6 describes the ability to challenge a tribunal's rulings
to the Divisional Court on legal or jurisdictional issues.

11. Availability:

Act of 2005: Accessibility for Ontarians with Disabilities Act The AODA
establishes accessibility guidelines to guarantee that people with impairments can
participate in the hearing process.

22
Ibid, s.17

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BIBLIOGRAPHY

LEGISLATION

Ontario Works Act, 1997, S.O. 1997, c. 25, Sched. A.


Ontario Disability Support Program Act, 1997, S.O. 1997, c. 25, Sched. B
Statutory Powers Procedure Act, R.S.O. 1990, c. S.22

SECONDARY SOURCES

Social Benefit Tribunal, “Legislation and Regulation”(2023) at para 2, Online (Pdf) : <
https://tribunalsontario.ca/sbt/legislation-and-regulation/>

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