Scanned
copy. If there are errors, please e-mail me with corrections:
Code of Conduct,
Public Complaints Policy
And
Member Position Description
Assessment Review Board
Board of Negotiation
Ontario Municipal Board
January 2002
Ontario
Municipal
Board
Office of the Chair
655 Bay St Suite 1500
Toronto, ON M5G 1 E5
Tel (416) 326-6800
Fax (416) 326-5370
Member of the ARB, BON and OMB:
In February, 2001, 1 established the Agency Reform Committee as a joint
committee of the
Ontario Municipal Board and the Assessment Review Board to review and
report to me on a
number of matters arising from the Government's Agency Reform initiative.
I would like to thank
the members of the committee for their time and effort on the project:
Susan Fish, Chair, Wilson
Lee, Susan Mather, Phil Solomon and Penny Wyger. The Committee's recommendations
to the
Chair were presented to each Board at the Intensive Training sessions
in May 2001. The
comments from those sessions and my own comments are reflected in this
document.
The attached represents some of the key aspects of the Agency Reform
initiative of the
Government:
* Member's Code of Conduct
* Public Complaints Policy Regarding Members, and
* Position Description for Members of the Assessment
Review Board and the
Ontario Municipal Board
Yours truly,
David J. Johnnson, Chair
Assessment Review Board
Board of Negotiation
Ontario Municipal Board
Tab.# 1
ARB / BON / OMB Agency Reform
Implementation
TABLE OF CONTENTS
Code of Condut
Page
Background
1
1. Fairness
3
2. Accessibility
3
3. Timeliness
4
4. Quality and Consistency
4
5. Transparency
5
6. Expertise
5
7. Optimum Cost
6
8. Courtesy
6
9. Good Conduct
7
10. Collegiality
7
11. Impartiality
8
12. Conflict of Interest
9
13. Bias and Apprehension of Bias
10
14. Steps to take when the Question of Bias or Conflict
of Interest is Raised 11
15. Post Service Conduct
13
ARB / BON / OMB Agency Reform
Implementation
Complaints Policy
16. Public Complaints Policy for the Chair and Members
14
Position Description
17. Member Position Description for ARB and OMB
17
Tab.# 2
ARB / BON / OMB Agency Reform
Implementation
Page 1
CODE OF CONDUCT
Background
Members appointed to the, Assessment Review Board (ARB), Board of Negotiation
(BON) and
Ontario Municipal Board (OMB), as with appointees to all regulatory
and adjudicative agencies,
are entrusted with responsibilities that demand a high degree of professionalism
and integrity.
Following the direction of the Management Board of Cabinet, the Boards
have adopted this Code
of Conduct for the guidance of their Members and to assist them in
avoiding situations that might
undermine the public's confidence in their objectivity and impartiality.
The primary objectives of this Code of Conduct are to:
* provide guidance to decision-makers
appointed to the ARB, BON and OMB on
appropriate
standards of conduct; and,
* provide members of the public
appearing before the Boards with an understanding
of the standards
of conduct that apply to decision-makers.
This Code of Conduct does not stand alone. It is complimentary to and
supports the Boards'
procedures and policies, including the Boards' performance management
plan, their complaints
process and their quality assurance procedures. It is recognized that
the Code cannot anticipate
all possible fact situations in which Members may be called upon to
exercise judgement as to the
appropriate standard of conduct. Compliance with this Code of Conduct
will form part of a Members performance assessment. Training will be provided
to ensure that all Members understand the high standards of conduct expected
of them.
The Code is founded on the recognition that the conduct of Members must
be governed by the
requirements of fairness, integrity and independence in
ARB / BON / OMB Agency Reform
Implementation
Page 2
decision-making. The Code of Conduct articulates principles which are
derived, in part, from
the eight goals of administrative justice articulated in the report,
Everyday Justice, published
by the Agency Reform Commission and addresses the vital matters of
collegial responsibility, personal conduct, bias, conflict of interest
and obligations following the expiry of a Members term of appointment.
This code applies to all Members of the Board, full or part-time.
ARB / BON / OMB Agency Reform
Implementation
Page 3
CODE OF CONDUCT
1. FAIRNESS
Principle
Members must provide services and perform statutory functions in an
impartial, lawful, unbiased
and just manner.
Member Responsibility
* Members have an obligation
to act fairly in the conduct of adjudicative
proceedings.
Commentary:
To act fairly, Members must follow the law, including all relevant
statute and common law.
Proceedings must be conducted in accordance with the principles
of natural justice. To act fairly requires that Members conduct themselves
in accordance with the principles and standards set out in this code.
2. ACCESSIBILITY
Principle
Members must provide information and services that are simple and easy
to use.
Member Responsibility
* Members must make all reasonable
efforts to ensure that the proceedings
are accessible and
barrier-free for all parties, representatives, witnesses
and observers.
* Members must make all reasonable
efforts to conduct proceedings in a
manner that is understandable
by all parties, whether or not they are
represented.
ARB / BON / OMB Agency Reform
Implementation
Page 4
3. TIMELINESS
Principle
Members must perform tasks within established time frames based upon
reasonable expectations.
Member Responsibility
* Members must take all reasonable
steps to ensure that proceedings are
concluded in
a timely manner, including meeting the timelines established by the Board.
Commentary:
High quality and thoroughness are most Important when preparing
decisions, but decisions
should be prepared without undue delay TImeliness is a critical
aspect of the performance
management framework for Members.
4. QUALITY AND CONSISTENCY
Principle
Members must produce accurate and dependable information and results.
Member Responsibility
Members are responsible to:
* be fully prepared for a
proceeding.
* maintain the integrity of
the hearing process.
* maintain proper control
over proceedings to ensure that pates have an equal
and fair opportunity
to present their case.
* maintain order and ensure
proper decorum in the hearing room.
* ensure that decisions are
prepared in accordance with the Board's
guidelines on
form and language, and meet the Board's standards for
decision quality.
* recognize the public interest
in consistency and predictability in the
exercise of
their independent decision-making authority.
ARB / BON / OMB Agency Reform
Implementation
Page 5
5. TRANSPARENCY
Principles
Members must use policies and procedures in a way that is are clear
and understandable to
everyone involved.
Member Responsibility
* Members decisions must be
clear. Parties should be able to ascertain the Member's
reasons and
the logic used in making the decision.
* Members must ensure that
proceedings are conducted in a manner that is
transparent
and seen to be fair.
Commentary:
If a party is not represented by legal counsel, Members should explain
the Board's process, the Member's role and the parties' procedural rights
and responsibilities.
During a hearing, a Member must not communicate directly or indirectly
with any party, witness or representative in respect of a proceeding, except
in the presence of all parties and their representatives or with consent
of all parties.
Members should take care in social interactions to avoid any contact
with parties, witnesses or representatives that might affect or appear
to affect the transparency of the process.
6. EXPERTISE
Principle
Members must possess and use the skill, knowledge and technical competence
required to
discharge statutory responsibilities and maintain public confidence.
Member Responsibility
* Members should maintain
a level of professional competence and knowledge
required to discharge
their obligations and duties.
* Members should maintain
currency in the existing law, emerging issues,
trends, tribunal
and judicial decisions pertaining to the work of the Board.
ARB / BON / OMB Agency Reform
Implementation
Page 6
7. OPTIMUM COST
Principle
Members must attempt to provide services at a cost that is based on
best practices and is
cost effective for everyone involved.
Member Responsibility
* Members should provide,
if possible, parties with opportunities to resolve
issues before
them without a formal hearing.
* Members should ensure that
proceedings are efficient and streamlined, to the
greatest extent
possible, without sacrificing the principles of fairness,
accessibility,
quality and consistency.
8. COURTESY
Principle
Members must demonstrate respect for everyone who comes into contact
with the Board.
Member Responsibility
* Members should be patient,
dignified, and courteous in performing their duties.
Commentary:
Members should demonstrate a high degree of sensitivity to issues
of gender, age, ability,
race, sexual orientation, marital status, language, culture and
religion.
ARB / BON / OMB Agency Reform
Implementation
Page 7
9. GOOD CONDUCT
Principle
Members must act in a manner that contributes to the public's confidence
in the Board.
Member Responsibility
* Members should act with
honesty and integrity, and conduct themselves in a manner
consistent with
the nature of their responsibilities and the maintenance of public
confidence in
the administration of justice.
* Members should not engage
in any conduct that may, or may be perceived to
constitute an
abuse of their office.
* Members must not personally
appear before the Board on their own behalf.
* Members must not act as
a representative on behalf of any party in any proceeding
before the Board.
Commentary:
A Member wishing to file an appeal to the Board in a matter in which
he or she has an interest or in which the Member's spouse or child has
an interest must engage a lawyer, agent or other professional representative
to file and represent, the appeal on his or her behalf. The Member must
follow the procedures for Member's appeals as set out in the Boards' Member's
policies or practices.
10. COLLEGIALITY
Principle
Members must demonstrate respect and co-operation in dealing with colleagues
and Board
staff.
ARB / BON / OMB Agency Reform
Implementation
Page 8
Member Responsibility
* Members should foster a
collegial working environment and conduct
themselves in
a manner that reinforces the integrity and professionalism of
the Board.
* Members should support less
experienced Board Members and treat staff
in a respectful
manner.
* Members should conduct themselves
in a manner which demonstrates
respect for
the views and opinions of their colleagues.
11. IMPARTIALITY
Principle
Members must avoid situations of real or perceived conflict of interest
or bias.
Member Responsibility
* Members must make decisions
independently without fear of criticism.
* Members should approach
every proceeding and every issue in a proceeding with
an open mind,
and avoid doing or saying anything to cause any person to think otherwise.
* In the conduct of Board
proceedings, Members' decisions should be based on an
application
of the relevant law to the evidence presented in each case and not on
irrelevant considerations.
* Members must avoid conflicts of
interest.
Tab.# 3
ARB / BON / OMB Agency Reform
Implementation
Page 9
12. CONFLICT OF INTEREST
Principle
A conflict of interest arises when a Members private or personal financial
interests take precedence
over or compete with the Member's responsibilities as an appointee.
A conflict of interest will exist when an adjudicator has a financial
interest that may be affected by
the resolution or treatment of a matter before the Board. The financial
interest may be that of the
Board Member or other person with whom the Member has a close personal
or professional
relationship.
Member Responsibility
* A Member shall not adjudicate
in any proceeding, or participate in Board discussions of any
matter, in which
the Member has a financial interest.
* A Member shall not accept
money or gifts if a gift is, or may be perceived to be,
offered because
of membership in the tribunal.
* A Member shall not appear
in front of the Board of which he or she is a Member.
* A Member must comply with
all applicable legislation regarding conflicts of interest.
* A Member is entitled to
pursue the Member's right of appeal through an agent.
Tab.# 4
ARB / BON / OMB Agency Reform
Implementation
Page 10
13. BIAS AND APPREHENSION OF BIAS
Principle
Bias is a lack of neutrality or impartiality on the part of a decision-maker
regarding an issue to
be decided. A biased decision-maker is one who is predisposed to decide
a case on the basis
of considerations extraneous to the evidence or the applicable law,
policy or argument made
in the case.
Bias may exist when there is a direct, recent or existing close relationship
between the Member
and a party involved in the proceeding. The relationship may be organizational
or personal.
There may be an apprehension of bias when a Member demonstrates possession
of and
reliance on information that has been gained through prior involvement
with one party to a
dispute regarding the dispute. Such bias may arise in situations in
which a Member meets
privately with one or another of the parties to a hearing after he
or she has become seized of
a case.
Member Responsibility
* Members should not only
be unbiased, but also appear to be so. A reasonable
apprehension
of bias by an observer can be as detrimental to the hearing as
actual bias.
Tab.# 5
ARB / BON / OMB Agency Reform
Implementation
Page 11
14. STEPS TO TAKE WHEN THE QUESTION OF BIAS
OR CONFLICT OF
INTEREST
IS RAISED
Member Responsibility
Before the Hearing Commences
* When an allegation
of bias or conflict of interest comes to the attention of a Member prior
to the hearing,
the Member should withdraw, if the Member feels the allegation may have
foundation.
The Chair should be subsequently informed of the situation by the Member.
* If there is no allegation
but the question of bias or conflict of interest comes to the
attention of
the Member prior to the hearing, for example during the Member's review
of the file
or during the prehearing process, the Member should bring this to the
attention of
the Chair. After the Member reviews the circumstances privately with the
Chair, the Chair
may decide that the Member can continue to be assigned to the
hearing. Notwithstanding
the decision of the Chair, the Member shall have the
discretion to
remove himself or herself from the hearing.
* When there is a panel of
Members assigned and the question of bias or conflict of
interest
comes to the attention of any one of the Members of the panel either by
way
of the Member's
review of the file or by an allegation that is raised before the
hearing, then
the question must be disclosed immediately to the other Members of
the hearing
panel. The Member should withdraw from the panel if the Member feels
the allegation
may have foundation. The Chair should be subsequently informed of
the situation
by the Member.
ARB / BON / OMB Agency Reform
Implementation
Page 12
After the Hearing Commences
* If an allegation
of bias or conflict of interest is raised after the hearing
commences, it
is the responsibility of the Member to determine whether there is
a bias or a
conflict of interest. The Member should withdraw from the panel if the
Member feels
the allegation may have foundation. If the allegation is brought by
a party to the
proceeding, the party should bring a motion before the panel, and
the panel should
hear submissions and determine the issue. If the decision is
rendered orally,
the panel should subsequently issue a written decision. If the
Member agrees
to withdraw when the allegation is brought to the Members
attention, then
there is no need for the motion or the written decision. The Chair
should be subsequently
informed of the situation by the Member.
* If there is no allegation
but the question of bias or conflict of interest comes to
the attention
of a Member after the hearing commences, it is the responsibility of
the Member to
determine whether there is a bias or a conflict of interest. The
Member should
withdraw from the panel if the Member feels the allegation may
have foundation.
The Chair should be subsequently informed of the situation by
the Member.
* When there is a panel of Members
sifting and the question of bias or conflict of
interest comes to
the attention of any one of the Members of the panel either by
way of the Member's
review of the file or by an allegation that is raised at the
hearing, then the
question must be disclosed immediately to the other Members
of the hearing panel.
The Member should withdraw from the panel if the Member
feels the allegation
may have foundation. The Chair should be subsequently
informed of the situation
by the Member.
Tab.# 6
ARB / BON / OMB Agency Reform
Implementation
Page 13
15. POST SERVICE CONDUCT
Principle
As an adjudicative tribunal, the Boards have significant responsibilities
to the parties, the public,
and the administration of justice. Members are expected to conduct
themselves in a principled
fashion.
Members are appointed for limited terms and often return to their fields
of expertise once their
terms have expired.
Member Responsibility
* When a former Member appears
before the Board, there is an obligation on all
sides to ensure
that the integrity of the Board is maintained.
* A former Member should not
appear before the tribunal as a representative,
agent, expert
witness or consultant if that appearance would compromise the
ability of the
Board to fulfill its obligation to provide service and perform statutory
functions in
an impartial, lawful, unbiased and just manner. The former Member
should not appear
for a period of a minimum of three months after ceasing to be a Member.
Tab.# 7
ARB / BON / OMB Agency Reform
Implementation
Page 14
PUBLIC COMPLAINTS POLICY FOR THE CHAIR AND MEMBERS
Introduction
The Ontario government, through the Agency Establishment and Accountability
Directive, requires
all agencies to put in place a process for responding to client and
stakeholder complaints. Those
who interact with the, Assessment Review Board, Board of Negotiation
and Ontario Municipal
Board have the right to voice their concerns about the way that these
Agencies conduct their
business. The Boards make the following commitments to the taxpayers
of Ontario:
* The Boards are open and
honest in their behaviour, creative and responsive to
change, and
committed to continuous self-improvement and integrity. These values
will be demonstrated
within the context of a professional and accountable public service.
* The Boards are fair, impartial
and consistent in the exercise of their adjudicative
responsibilities and
strive to be accessible to everyone who must come before
them to adjudicate
disputes.
Important Points about the Policy
* This policy deals with the
conduct of Members, including the Chair associated with a
hearing. It
does not deal with complaints arising from dissatisfaction with a Board
decision
or complaints
arising under Section 43 of the Ontario Municipal Board Act.
* Copies of this policy are available
from the offices of the Boards. This policy only
applies to complaints
that are received in writing. Oral complaints will be dealt with
in the most expeditious
manner, as decided by the Chair or the Chair's designate.
* The Board will not accept anonymous
complaints.
ARB / BON / OMB Agency Reform
Implementation
Page 15
* The Boards will respond
to the complaint and make every effort to resolve it to the
complainant's
satisfaction. The Boards will explain their position as fully as
possible so
that the complainant can understand the reasons guiding the decision.
* This policy does not affect the
right to raise concerns with the Ombudsman of
Ontario if the person
making the complaint is dissatisfied with the Board's efforts to resolve
the complaint.
Complaints Procedure
Contact:
Complaints relating to the conduct of a Board Member, other
than the Chair, should be directed to the Chair.
Complaints relating to the conduct of the Chair, should be
directed to the Attorney General of Ontario, the Minister
responsible for the three Boards.
Timeliness: A response will
be provided within 15 working days after the
complaint has been received. If the matter cannot be fully
resolved within this time period, the Board or the Attorney
General as the case may be, will advise how long it will take
to review the matter and to provide a complete response.
Confidentiality: Complaints are dealt
with in confidence. However, the
person who is the subject of the complaint will receive a
copy of the complaint and will be provided with an
opportunity to explain his or her position on the substance of
the complaint.
Reporting Back: Persons who are affected
by a complaint will be advised of
the results of the review and any actions to be taken.
ARB / BON / OMB Agency Reform
Implementation
Page 16
Contacts
David J. Johnson, Chair
Ontario Municipal Board
Board of Negotiation
655 Bay Street, 15 th Floor
Toronto, Ontario
M5G 1E5
(416) 326-6251
OR
Assessment Review Board
250 Yonge Street, 30th Floor
Toronto, Ontario
M5B 2L7
(416) 314-6902
Attorney General 1 th Floor
720 Bay Street, 1
Toronto, Ontario
M5G 2K1
(416) 326-2220
Tab.# 8
ARB / BON / OMB Agency Reform
Implementation
Page 17
MEMBER POSITION DESCRIPTION
ASSESSMENT REVIEW BOARD
AND
ONTARIO MUNICIPAL BOARD
Purpose of Position
To conduct hearings, make decisions based on evidence and submissions
at the hearing and
provide reasons therefor.
The hearings are conducted in an adjudicative setting involving a wide
variety of matters coming
under the jurisdiction of the Board, as designated by the Assessment
Review Board Act, the
Ontario Municipal Board Act and by the other provincial statutes which
designate responsibilities
to the Board.
The decisions made and the reasons for the decisions must be rendered
independently, and
impartially, without bias or prejudice. They must properly reflect
the evidence, administrative law
and the applicable legislation.
Major Responsibilities
1. Conduct hearings alone, or as a Member of
or Chair of a panel. The purpose
of the hearing is
to adjudicate a wide variety of matters as directed through
the applicable legislation.
Members are required to travel extensively for
hearings which vary
in length from one-half day to several weeks, and which
may occur throughout
the Province.
2. Make determinations from the evidence
and arguments presented at the
hearing on issues
upon which a decision, written and oral, is based.
Decisions should be
issued in a timely manner.
ARB / BON / OMB Agency Reform
Implementation
Page 18
3. Conduct prehearing conferences and undertake
case management.
4. Conduct mediations.
5. Ensure that hearings are conducted
in accordance with the Board's Rules of
Practice and Procedure,
the Statutory Powers Procedure Act and other
applicable legislation.
Members are to impartially decide all matters assigned
by weighing and analysing
the evidence to determine the facts, and by
applying the statutes
and case law to the various issues identified.
6. Perform the work required in an effective,
pro-active, self-directed and timely
manner, using the
resources of the Board appropriately and working with the
staff, other Board
Members, the Vice-Chairs and the Chair in a supportive,
courteous and responsible
manner. To participate in Board committees on
policy and procedural
matters, as requested, and to perform such other
duties as may be required
by the Chair or Vice-Chairs, from time to time.
Members should read
other Members' decisions as part of their continuing
education during their
time at the Board.
7. Assist, when directed by the Chair,
in the review and revision of the practices
and procedures of
the Board with respect to the hearing process, written
decisions, impact
of new legislation and the development of orientation and
training programs
for Members.
8. Respond in a timely manner to requests from
the Chair, Vice-Chairs, or Legal
Counsel to the Board, regarding
the review of the Member's decision.
9. Attend at training seminars, conferences
and meetings at the request of the Board.
10. Perform all work so as to maintain and enhance
the professional credibility of the
Board, in accordance
with the Board's Code of Conduct.
PLEEASSE
SIGN
OUR PETITION
It will make a difference!
Home
page - Main Table
of Contents - Back up a page
- Back to Top
|