A Guide for Tribunals: Obtaining Compliance with Tribunal Processes
The new Administrative Tribunals Act is intended to give tribunals the powers they need to ensure their processes are effective, fair and timely, and an appropriate use of both the parties’ and the public’s resources. The purpose of this Guide is to assist tribunals in deciding when and how they may wish to use certain of those new ATA provisions if a party, intervener, or other person fails to comply with the tribunal’s orders or processes. The ability of a tribunal to use any of these powers will, however, depend on whether that provision has been adopted by the tribunal’s enabling legislation.
The ATA powers and authorities discussed in the Guide are:
- Sections 18 and 31(1)(e) - actions that may be taken respecting non-compliance generally,
- Section 33 - limitations on the participation of an intervener,
- Section 47 - awards of costs,
- Section 48 - maintaining order at tribunal hearings, and
- Section 49 - court applications for contempt.
The Guide
- includes an overview of these provisions,
- notes preconditions to their use, and
- provides some comments and suggestions on how these provisions might be used.
Some additional detailed information is provided about contempt proceedings – specifically, the general legal principles, the process and the court documents.
This Guide is intended for general and background information only, and is not intended to be legal advice. A tribunal that is considering making an application to the Court should seek legal advice.
This Guide will be updated as may be required. The AJO welcomes any comments you may have on the Guide and how it can be improved.
