This page describes what happens when a person files an appeal of the requirement to pay fees, an appeal of an Inspector’s Order, or an appeal of a Seal.
The Director appointed under the Act (the “Director”) is responsible for deciding appeals.
Upon receiving an appeal, the Director will hold a hearing as soon as is reasonably possible. However, an appeal does not affect the operation of any Orders or Seals being appealed.
The dispute resolution stage
The letter you receive from the Director’s office confirming receipt of your appeal will also have the contact information for an assigned representative.
This representative will contact you to informally discuss your file and try to resolve the appeal and avoid the need for a hearing.
The hearing stage
If the matter is not resolved through the dispute resolution stage, the Hearings Coordinator will send you and the TSSA representative the Notice of Hearing.
If the facts are largely undisputed and credibility does not appear to be an issue, the Director may propose conducting a written hearing for the appeal. Written hearings are often a fair and efficient method of conducting an appeal.
If you receive a Notice for Written Hearing, you will be given the opportunity to satisfy the Director that there is good reason not to hold a written hearing, in which case the Director may hold an oral hearing (virtual or in-person).
The general procedures for a written hearing under the TSSA Rules of Practice are as follows:
TSSA shall serve the appellant and file with the Tribunal a Statement of Position after receiving notice of the written hearing.
If the appellant or other parties wish to respond, they shall do so by serving TSSA and filing with the Tribunal a response after receiving TSSA’s Statement of Position.
A response shall:
be accompanied by the evidence that explains or supports the response,
set out the party’s submissions, and
set out any remedy or decision requested.
TSSA may reply to a response by serving the appellant and filing with the Tribunal a reply after receiving a response from any other party.
The reply shall:
set out TSSA’s position with respect to the response, and
be accompanied by the reply evidence, if any, that explains or supports the reply.
Consult the TSSA Rules of Practice (pdf) for additional information about TSSA’s procedures.
If the matter proceeds as an oral hearing, the Hearings Coordinator will consult with the parties to schedule a date, time and location for the hearing. The Hearings Coordinator will then send the parties the Notice of Hearing confirming the date, time and location of the hearing. Parties are entitled to be represented by a lawyer or representative at the hearing.
The hearing is a legal proceeding to determine your rights and obligations under the Act.
NOTE: If you do not attend or respond, the hearing will proceed without you and your rights and obligations will be determined in your absence.
Sometimes, it is impossible for a party to attend to the hearing on the date it is scheduled. Except in extreme circumstances (for example a family emergency or illness), the Director expects the party seeking an adjournment to contact the other parties and request their consent to the adjournment. If all parties do not agree to the adjournment, you must make your request in writing addressed to the Director. A decision will be made by the Director. Where an adjournment is necessary, you must give the Director and the other parties as much advance notice of your request as possible. Otherwise, there may not be enough time to process the request before the hearing.
You must bring all documents you intend to rely upon to the hearing. The Director will only have the documents you filed with the appeal. Everything else, including legal decisions which you expect to use in support of your argument, must be produced at the hearing. You will need four copies of each document: two for the Director, one for the Inspector and one for yourself.
You must also arrange to have any witnesses you intend to call on to give oral testimony present at the hearing. If you are not sure that a witness will attend, you may request a summons from the Director ordering his/her attendance and ordering him or her to bring any documents which are relevant to the appeal. It is your responsibility to serve the summons before the hearing commences and to ensure that it is served correctly. It must be served in person and be accompanied by the required payment for attendance.
The Director will decide the case based only on evidence presented at the hearing. You cannot provide additional information after the hearing is completed unless you are requested to do so by the Director. You may not communicate privately with the Director about the case before, during or after the hearing.
Director’s decision
After the appeal hearing, the Director may change, revoke or affirm an order or the requirement to pay fees. Where the Director’s decision affirms the requirement to pay fees or the inspector’s orders/seals, the affected party may appeal the decision to the Divisional Court.