The Statutory Powers Procedure Act and Tribunal Rules

The Statutory Powers Procedure Act and Tribunal Rules

The Statutory Powers Procedure Act (“SPPA”), R.S.O. 1990, c. S.22, plays a significant role in tribunal litigation. The SPPA stipulates rules for tribunals and is a source for tribunal-made rules, among other sources of rules, that impact the conduct of tribunal hearings.

What is the SPPA?

The Statutory Powers Procedure Act constitutes a code of administrative procedure that is salient for lawyers, public sector officials, and the members of the public who are engaged with the workings of the administrative state, especially with regards to decision-making. This includes decision-making among tribunals, boards, agencies, ministries, commissions, regulators, councils, licensing bodies, and the officials these institutions are composed of.

In particular, the SPPA provides a general framework for the conduct of hearings before Ontario’s various administrative tribunals, which often hear disputes arising from decisions made by those institutions mentioned above.

Why does the SPPA Matter?

The SPPA has a significant impact on tribunal litigation. Ontario’s administrative tribunals hold hearings, analogous to court trials and appeals, to adjudicate the disputes they are mandated to resolve. Expressly enshrined within the SPPA are basic procedural rules for those tribunals governed by the SPPA. These rules can pertain to a tribunal’s rules of evidence, motions, filings, service of documents, notices, costs etc. For example, section 6 of the SPPA requires reasonable notice be given to parties; section 10 grants a right to counsel; section 10.1 grants the right to call, direct-examine, cross-examine witnesses. They read as follows:

Notice of hearing

6 (1) The parties to a proceeding shall be given reasonable notice of the hearing by the tribunal.  R.S.O. 1990, c. S.22, s. 6 (1).

….

Right to representation

10 A party to a proceeding may be represented by a representative.  2006, c. 21, Sched. C, s. 134 (3).

….

Examination of witnesses

10.1 A party to a proceeding may, at an oral or electronic hearing,

(a) call and examine witnesses and present evidence and submissions; and

(b) conduct cross-examinations of witnesses at the hearing reasonably required for a full and fair disclosure of all matters relevant to the issues in the proceeding.  1994, c. 27, s. 56 (20).

Furthermore, the SPPA also delegates authority to Ontario’s tribunals to make their own rules. Section 25.1 of the SPPA reads:

Rules

25.1 (1) A tribunal may make rules governing the practice and procedure before it.  1994, c. 27, s. 56 (38).

Many tribunals are governed by their own crafted “rules of procedure” with respect to proceedings. This is made possible through the authority delegated to tribunals by the SPPA. The rules created by the tribunal, however, must be consistent with the rules stipulated in the SPPA. Section 25.1(3) reads as follows:

Consistency with Acts

(3) The rules shall be consistent with this Act and with the other Acts to which they relate.  1994, c. 27, s. 56 (38).

In addition to the SPPA’s rules, and tribunal made rules via SPPA delegated rule-making authority, a tribunal’s own enabling act and related regulations (e.g. by-laws) can contain rules for how the tribunal should operate. The enabling act is the provincial statute creating the tribunal or public body, and delegates authority to it from the legislature. It is the source of the tribunal’s existence and power.

Additionally, common law rules of procedural fairness and natural justice can be a source for tribunal rules, including through the interpretation of the SPPA’s rules.

Two Examples

For example, CPA Ontario regulates chartered professional accountants in Ontario. The Chartered Professional Accountants of Ontario Act, 2017, S.O. 2017, c. 8, Sched. 3, is the enabling statute granting authority to CPA Ontario to regulate and discipline the profession. Section 35 of the enabling act outlines the role and powers of the Discipline Committee, which is the tribunal that hears discipline proceedings. The Discipline Committee is governed by the SPPA; the rules it has created via the SPPA (e.g. tribunal rules of procedure); the Chartered Professional Accountants of Ontario Act and related regulations, by-laws. The Discipline Committee is also regulated by administrative law jurisprudence, including its own case law.

Another example is the Assessment Review Board, which is a tribunal that hears property assessment appeals in Ontario. The Board is governed by the SPPA. The Board has its own tribunal rules of practice and procedure created via the SPPA. The Board is also governed by any rules found in its enabling act, the Assessment Review Board Act, R.S.O. 1990, c. A.32. Rules governing appeals at the Board can also be found in the Assessment Act, R.S.O. 1990, c. A.31, which is related legislation. The Board is also regulated by administrative law jurisprudence, including its own case law.

Blog posts are not legal advice.