The Wood Bull Guides

Part III: General Jurisdiction and Powers (s.11 to 14)

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  • 11(1) EXCLUSIVE JURISDICTION

    11(1) The Tribunal has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it by this Act or by any other general or special Act.

  • 11(2) POWER TO DETERMINE LAW AND FACT

    11(2) The Tribunal has authority to hear and determine all questions of law or of fact with respect to all matters within its jurisdiction, unless limited by this Act or any other general or special Act.

  • 12(1) POWER TO MAKE ORDERS

    12(1) The Tribunal has authority to make orders or give directions as may be necessary or incidental to the exercise of the powers conferred upon the Tribunal under this Act or any other general or special Act.

    CaseLaw

    Beaux Properties International Inc. et al. v. Toronto (City), 8 August 2018

  • 12(2) CONDITIONS IN ORDERS

    12(2) The Tribunal may include in an order conditions that it considers fair in the circumstances, including a condition that the order comes into force at a future fixed time or upon the performance of terms imposed by the Tribunal.

  • 12(3) INTERIM ORDERS WITHOUT NOTICE

    12(3) The Tribunal may make an interim order without notice, if it is of the opinion that it is necessary to do so, but no such order shall be made for any longer time than the Tribunal may consider necessary to enable the matter to be heard and determined.

  • 12(4) PARTIAL OR OTHER RELIEF THAN THAT APPLIED FOR

    12(4) Unless any general or special Act specifies otherwise in respect of a proceeding before the Tribunal, the Tribunal may, as it considers to be just and proper,

    (a)  make an order granting all or part of the application; or

    (b)  make an order granting relief that is additional to or different from the relief applied for.

  • 12(5) EXTENSION OF TIME SPECIFIED IN ORDER

    12(5) When an order or decision of the Tribunal requires anything to be done within a specified time, the Tribunal may, upon notice and hearing, extend the specified time.

  • 12(6) SAME

    12(6) Despite subsection (5), the Tribunal may extend a specified time without notice if the Tribunal is of the opinion that it is necessary to do so.

  • 13(1) POWER TO ENTER, INSPECT

    13(1) A member or employee of the Tribunal may, without warrant, enter into and inspect at any reasonable time any place, other than a dwelling, where the member or employee has reason to believe there may be evidence relevant to a proceeding before the Tribunal.

  • 13(2) IDENTIFICATION

    13(2) A person who exercises the power conferred under subsection (1) shall identify himself or herself to the owner or occupier of the place and shall explain the purpose of the entry and inspection.

  • 14(1) POWER TO SET, CHARGE FEES

    14(1) The Tribunal may, subject to the approval of the Minister, set and charge fees,  

    (a)  in respect of proceedings brought before the Tribunal;

    (b)  for furnishing copies of forms, notices or documents filed with or issued by the Tribunal or otherwise in the possession of the Tribunal; and

    (c)  for other services provided by the Tribunal.

  • 14(2) CLASSES

    14(2) The Tribunal may set and charge different fees for different classes of persons and different types of proceedings.

  • 14(3) MAKE FEES PUBLIC

    14(3) The Tribunal shall ensure that its fee structure is available to the public.

  • 14(4) WHERE FEES MAY BE WAIVED

    14(4) The Tribunal may waive all or any portion of fees for individuals who are determined, in accordance with the rules, to be low-income individuals.

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