Third Party Request for Records (LTB) ("TARA")

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-03
CLNP Page ID:	1511
Page Categories:	[Tribunal Record Requests (ON)]
Citation:	Third Party Request for Records (LTB) ("TARA"), CLNP 1511, <x>, retrieved on 2024-05-03
Editor:	P08916
Last Updated:	2021/07/22

Tribunal Adjudicative Records Act, 2019, S.O. 2019, c. 7, Sched. 60

Assented to May 29, 2019

1 (1) In this Act,

“adjudicative record” means a record referred to in subsection (2); (“document décisionnel”)

“confidentiality order” means an order made by a tribunal under subsection 2 (2); (“ordonnance de confidentialité”)

“tribunal” means an adjudicative tribunal prescribed by the regulations made under this Act. (“tribunal”)

Adjudicative records

(2) Subject to subsection (3), the following are adjudicative records for the purposes of this Act:

1. An application or other document by which a proceeding before a tribunal is commenced.

2. A notice of a hearing before a tribunal.

3. A written submission filed with a tribunal in respect of a proceeding before the tribunal.

4. A document that has been admitted as evidence at a hearing of a tribunal or otherwise relied upon by a tribunal in making a decision or an order.

5. A transcript of oral evidence given at a hearing of a tribunal.

6. A decision or an order made by a tribunal and any reasons for the decision or order.

7. A docket or schedule of hearings of a tribunal.

8. A register of proceedings before a tribunal.

9. Any other record that relates to a proceeding before a tribunal and that is prescribed by the regulations made under this Act.

...

2 (1) A tribunal shall make those adjudicative records in its possession that relate to proceedings commenced on or after the day this section comes into force available to the public in accordance with this Act, including any rules made under section 3.

(2) A tribunal may, of its own motion or on the application of a person referred to in subsection (3), order that an adjudicative record or portion of an adjudicative record be treated as confidential and that it not be disclosed to the public if the tribunal determines that,

(a) matters involving public security may be disclosed; or

(b) intimate financial or personal matters or other matters contained in the record are of such a nature that the public interest or the interest of a person served by avoiding disclosure outweighs the desirability of adhering to the principle that the record be available to the public.

...

7 In the event of a conflict between a provision of this Act and a provision of any other Act or a regulation made under another Act, the provision of this Act prevails unless the regulations made under this Act provide otherwise.