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Orders made by a director of the Accessibility Directorate of Ontario (ADO) under sections 21, 25, or subsection 33 (8) of the Accessibility for Ontarians with Disabilities Act, 2005 can be appealed to the Licence Appeal Tribunal (LAT) within 15 days after the date the order was made, by using the Tribunal’s Notice of Appeal. The Tribunal is not related to the ADO and makes independent adjudicative decisions.
ADO reviews of their original Order
A person or organization who receives a director’s order under section 21 or 33 (8) may also request an alternate director’s review of that order by the ADO. This review must be requested in writing within 30 days after the order was made. This review will be performed by a director of the ADO other than the director who issued the original order.
If the ADO’s review results in a change, that office will send you a “Varied Order”, which can also be appealed to the Tribunal.
Timelines and Coordination between Reviews and Appeals
In cases where an ADO review has been requested, the Tribunal will not schedule a hearing of an appeal until the alternate director issues the results of their review. If a Varied Order is issued, that order will become the subject of the appeal before the Tribunal (without requiring any additional filing fee for a new appeal). If the original order is withdrawn by the reviewing director, the appeal will no longer be needed, and the Tribunal file will be closed.
In cases where an ADO review has not been requested, the Tribunal will not schedule a written hearing until the 30-day period for requesting a review is over.
Under subsection 27 (4) of the Accessibility for Ontarians with Disabilities Act, 2005, hearings will be held by written format, “unless a party satisfies the Tribunal that there is good reason to hear oral submissions.” When a written hearing is scheduled, the Tribunal will set out the timelines for you and the ADO to provide the Tribunal with the written materials that the Tribunal will consider.
First, the ADO will be given a 30 day period to provide the Tribunal with their submissions and supporting evidence. You will then have 30 days from that date to provide your submissions and supporting evidence. Finally, the ADO will be given 15 days to reply to your submissions and supporting evidence.
Within 30 days of the final date for submissions, the Tribunal will issue a decision that will confirm, vary or rescind the order of the director.
Filing an Appeal
To file an appeal with the LAT, fill out the “Notice of Appeal - Registration, Certificate, Licence, Claim Denial, Order” form (available here) and submit it to the Tribunal, along with a copy of the order you are appealing and the $100 filing fee.
Other Sources of Useful Information
This information sheet is intended to provide general information to Applicants and other parties. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Upper Canada (www.lsuc.on.ca).
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This Information Sheet may be found online at www.lat.gov.on.ca