Below are some of the most frequently asked questions the Tribunal receives regarding its processes and function.
- How can I file an appeal, application or complaint?
- Do I Have to Hire a Lawyer?
- I filed an appeal – why haven’t I heard anything?
- When will my hearing be scheduled?
- Where are Hearings Held?
- How do I attend a hearing as an observer?
- When will a decision be issued?
For more detailed information, please refer to the Tribunal “Appeal Process” section, particularly the “Preparing for your Hearing” and “Rules of Procedure” pages.
If you have further questions regarding the appeal processes, please contact the Tribunal.
How can I file an appeal, application or complaint?
Drainage Act: To appeal to the Tribunal a landowner must serve a signed written notice, stating the grounds for the appeal, upon the Clerk of the initiating municipality. Notice of Appeal forms are available from the municipal clerk. The Clerk records the appeal and sends a copy to the Tribunal. The appeal should clearly indicate what is being objected to and what relief is being sought from the Tribunal.
MAFRA Act: To initiate an appeal, write to the Tribunal requesting a hearing. In your signed and dated letter, provide a copy of the decision you are appealing and state what it is you are objecting to and what relief you want the Tribunal to grant.
API Act: To initiate an appeal, write a letter to the Tribunal stating what it is you are objecting to and what relief you want the Tribunal to grant. Sign and date the letter and provide full contact information.
FRFOF Act: Applications can be obtained by contacting the Tribunal office.
Assessment Act: Appeals relating to the farm property class designation can only be referred to the Tribunal by the Assessment Review Board.
AEPA: To initiate a complaint, write a letter to the Tribunal describing the relevant details of the alleged contravention of the Act. Sign and date the letter and provide full contact information.
Appeals of Licensing Decisions of Directors appointed under Various Statutes: To file an appeal, provide a copy of the decision of the Director and state what it is you are objecting to and what relief you want the Tribunal to grant. Sign and date the letter and provide full contact information.
Applications relating to Conduct of Members of Commodity Boards: To initiate a hearing, write a letter to the Tribunal requesting a hearing and explain what it is about the conduct of a board member that gives reason to suggest that the member has contravened the Act. Sign and date the letter and provide full contact information.
Do I Have to Hire a Lawyer?
No. A party may present its case personally or be represented by a lawyer. The decision to hire a lawyer is entirely up to the individual and is usually dependent upon the complexity and value of the matter at issue.
I filed an appeal – why haven’t I heard anything?
The Tribunal sends out a formal Acknowledgement Letter to the parties once a complete appeal or application has been received and accepted by the tribunal. You should receive this letter within 20 days of receipt of a complete application or appeal.
If you have not heard form the Tribunal, you may reach out to the Coordinator at AFRAAT@ontario.ca
When will my hearing be scheduled?
The Tribunal will schedule a Pre-Hearing Conference with the parties to go through various administrative issues prior to a hearing. It is typical that the hearing will be scheduled at said pre-hearing conference, so parties are encouraged to come with their availability over the next several months.
Hearings are scheduled as soon as possible but must take into account the schedules of the parties and panel members, along with timelines for the service and filing of materials in advance of a hearing.
Where are Hearings Held?
Hearings are held electronically via the ZOOM platform. The Tribunal, on motion by a party, may hear an appeal in-person if the party satisfies the Tribunal that there is good reason for doing so.
In-person hearings for a Drainage Act matters are typically held in the municipality, usually the Municipal Office, where the appeal has been filed.
In-person hearings on other matters are held throughout the province. The practice of the Tribunal is that if the appellant resides within a two hour drive of the Tribunal office in Guelph, the hearing is held in Guelph. Every effort is made to have the hearing in a location convenient to all parties.
How do I attend a hearing as an observer?
Hearings are currently held electronically via the ZOOM platform. Please reach out to the Tribunal at AFRAAT@ontario.ca with the details of the hearing you would like to observe, and they will send you the Zoom invitation.
When will a decision be issued?
Depending on the Act that the matter is being heard under, there are different timelines for the release of decisions. Please reach out to the Tribunal at AFRAAT@ontario.ca for more information.