The ERAT must issue decisions in writing. In urgent cases, this may be shortly after a hearing concludes, but it will generally take weeks or months for a panel to consider all the evidence and submissions, and to write a decision. The ERAT has a Practice Directive that sets out expectations for how long panels will take to write decisions after hearings complete, although in any given case the time may be less or more.
When a decision is complete, the ERAT will provide copies to all parties and to the relevant minister(s). The ERAT will also publish the decision on its website and may provide it to archives of court and tribunal decisions (for example, Lexis or CanLII) for greater access by the public, representatives and other decision-makers.
The ERAT can confirm, vary, or rescind any decision under appeal. It can also send a decision back to the decision-maker, with directions.
When the ERAT issues a decision, it cannot change it. The ERAT can, however, amend a decision to fix:
- a clerical or typographical error;
- an accidental or inadvertent error, omission or other similar mistake; or
- an arithmetical error made in a computation.
The ERAT can also “reopen” an appeal to “cure a jurisdictional defect”, which includes making a decision the ERAT is not empowered to make, failing to address an issue in an appeal, or acting unfairly.
Parties can also ask the ERAT to clarify a decision within 30 days of the decision being issued, and the ERAT may do so at its discretion. If they disagree with a decision of the ERAT, they may request a judicial review of the ERAT’s decision, under the Judicial Review Procedure Act.