AODA tribunals judge appeals that organizations make after they have received orders to comply with AODA standards. The Lieutenant Governor appoints AODA tribunals and specifies the types of appeals each tribunal can judge. In addition, the Lieutenant Governor can give tribunals other tasks or duties.
Organizations have fifteen (15) days after receiving an order to file an appeal. However, the tribunal can extend this time limit to accommodate someone with a disability, or for any other reason. Organizations must pay a filing fee.
People or organizations involved in an appeal to a tribunal include:
- The organization appealing an order
- The director who gave the order being appealed
- Any other person or organization the Tribunal believes necessary for the appeal hearing
Moreover, appeal hearings most often take place in writing. Nonetheless, organizations can request to make their appeals in person. In some cases, the full tribunal hears appeals. In others, the chair of a tribunal can appoint a panel to oversee a hearing.
Orders of Tribunals
After a hearing, a tribunal makes a decision about whether the organization must obey the director’s order. For instance, the tribunal may:
- Confirm the director’s order
- Rescind the director’s order
- Vary the director’s order
In other words, the tribunal may require the organization to comply with the director’s order. In contrast, the tribunal may remove the order. Alternatively, the tribunal may make changes to the order and require the organization to comply with the revised version.
AODA tribunals may try to settle part or all of an appeal through mediation. The organization and director involved in the appeal must agree to the mediation. In addition, the tribunal must believe that mediation would be in the public interest. However, the AODA gives no further details about the mediation process, such as how tribunals proceed if mediation does not resolve an appeal.