Ontario Municipal Board
Encyclopedia
The Ontario Municipal Board (OMB) is an independent administrative board
, operated as an adjudicative tribunal, in the province
of Ontario
, Canada
. It hears applications and appeals on municipal and planning disputes, including appeals under the Planning Act (related to matters such as zoning
, subdivision
plans, official plans
, consents
and variances
), land compensation matters under the Expropriations Act, specific heritage appeals under the Ontario Heritage Act
, municipal financing proposals under the Municipal Act, and various other matters under other legislation. The tribunal is governed by the Ontario Municipal Board Act and reports to the Ministry of the Attorney General
.
One of the oldest tribunals in the province, the OMB was established in 1897 as the Ontario Railway and Municipal Board to "oversee municipalities’ accounts and to supervise the then rapidly growing rail transportation system between and within municipalities". It assumed its current name in 1932.
al powers. Through the legislation, the board receives its power to act as an adjudicative tribunal, "The Board [...] has all the powers of a court of record and shall have an official seal which shall be judicially noticed", is granted exclusive jurisdiction over the domain in which it operates, and "has authority to hear and determine all questions of law or of fact" in matters within its jurisdiction.
The Act also grants to the OMB general municipal jurisdiction and railway and utilities jurisdiction.
determines the number of members of the board, appoints members to it, and designates one member as chair and one or more vice-chairs. These selections must be approved by the Lieutenant Governor of Ontario
; once approval is given, the selections are deemed to have been made by the Lieutenant Governor-in-Council. If the chair is absent or unable to act, a vice-chair is designated by the chair to perform those duties. If the office of chair is vacant, a vice-chair designated by the Attorney General
exercises the jurisdiction and powers of the chair. The current chair is Marie Hubbard.
Board members are responsible for the adjudication of disputes between parties appearing before the Board pursuant to the governing Act. In carrying out this responsibility, members prepare for hearings, conduct hearings and make rulings and/or write decisions. Members conduct hearings as assigned by the Chair, in accordance with the Act and other applicable laws and with the policies, procedures and rules of the Board. Members make rulings and decisions on the basis of evidence and submissions and issue decisions in a timely manner. In preparing for the hearing, members review materials submitted by parties, conduct necessary research, identify opportunities for alternative ways of resolving the dispute and bring this to the attention of the Chair or the Chair's designate and make such preliminary rulings as may be necessary. Members also participate in Board member meetings, and when requested to do so by the Chair or the Chair's designate, in training and mentoring sessions and in committees established for the administration of the Board's adjudicative role. Appointees are expected to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively: Demonstrated analytical, conceptual, problem-solving and writing skills; ability to listen and communicate clearly and effectively; computer literacy; good organization skills; well-developed dispute resolution skills; ability to objectively and fairly assess cases involving difficult issues regarding conflicting verbal/written evidence and the assessment of credibility; willingness to travel throughout the province for the purpose of conducting hearings; self-confidence; understanding of the justice system and the role of administrative tribunals in that system; expert knowledge of the Board's governing Act and related law or the ability to acquire such expert knowledge; understanding of the professional, institutional and community context within which the Board operates.
In July 2009 there are 27 members of the Board. Most of them are appointed for eight year terms, are designated Senior Management Group 1 for the purposes of compensation, and are paid between $CDN 91,450 – 104,500 per annum.
While a trier of fact at the hearing of the merits makes the final determination of relevance, at the pre-hearing stage the Board must be satisfied that evidence to be called in support of each issue has at least a semblance of relevance.
councillors representing the former city of North York
had voted to name a lane "OMB Folly" in the area where the OMB, against the City's wishes, approved development of a condominium/townhouse complex near a low-density residential area immediately west of North York Centre
.
However, Council reversed this decision on August 26, 2010.
After a controversial 2009 decision approved a community of up to 1400 homes in Manotick, Ontario
, Minister of Municipal Affairs Jim Watson was quoted in the local press as stating: "Has the OMB been perfect? No. Can it improve? Yes, I think it can and I am quite prepared to work with the attorney general to try and ensure that the OMB is more reflective of community values [...] I've had a couple of discussions with the attorney general going back a month and we both agree we are going to take a thorough look at the OMB and see how we can further improve it based on changes we made a couple of years ago. We want to see if they've done what we hoped they'd do to bring greater balance to OMB decision-making."
Board of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
, operated as an adjudicative tribunal, in the province
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. It hears applications and appeals on municipal and planning disputes, including appeals under the Planning Act (related to matters such as zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
, subdivision
Subdivision (land)
Subdivision is the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known in the United States as a subdivision...
plans, official plans
General plan
A general plan is the policy of acceptable land uses in each jurisdiction. Each city and county adopts and updates their General Plan to guide the growth and land development of their community, for both the current period and the long term...
, consents
Severance (land)
A severance is the act of severing a piece of land from a larger tract of land. The severed parcel of land becomes a separate lot.[Aka.] A hellish topic for an essay....
and variances
Variance (land use)
A variance is the process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code. The manner in which variances are employed can differ greatly depending on the...
), land compensation matters under the Expropriations Act, specific heritage appeals under the Ontario Heritage Act
Ontario Heritage Act
The Ontario Heritage Act, first enacted on March 5, 1975, allows municipalities and the provincial government to designate individual properties and districts in the Province of Ontario, Canada, as being of cultural heritage value or interest....
, municipal financing proposals under the Municipal Act, and various other matters under other legislation. The tribunal is governed by the Ontario Municipal Board Act and reports to the Ministry of the Attorney General
Attorney General of Ontario
The Attorney General of Ontario is a senior member of the Executive Council of Ontario and governs the Ministry of the Attorney General of Ontario - the department responsible for the oversight of the justice system within the province. The Attorney General is an elected Member of Provincial...
.
One of the oldest tribunals in the province, the OMB was established in 1897 as the Ontario Railway and Municipal Board to "oversee municipalities’ accounts and to supervise the then rapidly growing rail transportation system between and within municipalities". It assumed its current name in 1932.
Ontario Municipal Board Act
The OMB receives its authority from the Ontario Municipal Board Act, which also establishes the board's jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
al powers. Through the legislation, the board receives its power to act as an adjudicative tribunal, "The Board [...] has all the powers of a court of record and shall have an official seal which shall be judicially noticed", is granted exclusive jurisdiction over the domain in which it operates, and "has authority to hear and determine all questions of law or of fact" in matters within its jurisdiction.
The Act also grants to the OMB general municipal jurisdiction and railway and utilities jurisdiction.
Board structure
The provincial CabinetExecutive Council of Ontario
The Executive Council of Ontario plays an important role in theGovernment of Ontario, in accordance with the Westminster system....
determines the number of members of the board, appoints members to it, and designates one member as chair and one or more vice-chairs. These selections must be approved by the Lieutenant Governor of Ontario
Lieutenant Governor of Ontario
The Lieutenant Governor of Ontario is the viceregal representative in Ontario of the Canadian monarch, Queen Elizabeth II, who operates distinctly within the province but is also shared equally with the ten other jurisdictions of Canada and resides predominantly in her oldest realm, the United...
; once approval is given, the selections are deemed to have been made by the Lieutenant Governor-in-Council. If the chair is absent or unable to act, a vice-chair is designated by the chair to perform those duties. If the office of chair is vacant, a vice-chair designated by the Attorney General
Attorney General of Ontario
The Attorney General of Ontario is a senior member of the Executive Council of Ontario and governs the Ministry of the Attorney General of Ontario - the department responsible for the oversight of the justice system within the province. The Attorney General is an elected Member of Provincial...
exercises the jurisdiction and powers of the chair. The current chair is Marie Hubbard.
Board members are responsible for the adjudication of disputes between parties appearing before the Board pursuant to the governing Act. In carrying out this responsibility, members prepare for hearings, conduct hearings and make rulings and/or write decisions. Members conduct hearings as assigned by the Chair, in accordance with the Act and other applicable laws and with the policies, procedures and rules of the Board. Members make rulings and decisions on the basis of evidence and submissions and issue decisions in a timely manner. In preparing for the hearing, members review materials submitted by parties, conduct necessary research, identify opportunities for alternative ways of resolving the dispute and bring this to the attention of the Chair or the Chair's designate and make such preliminary rulings as may be necessary. Members also participate in Board member meetings, and when requested to do so by the Chair or the Chair's designate, in training and mentoring sessions and in committees established for the administration of the Board's adjudicative role. Appointees are expected to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively: Demonstrated analytical, conceptual, problem-solving and writing skills; ability to listen and communicate clearly and effectively; computer literacy; good organization skills; well-developed dispute resolution skills; ability to objectively and fairly assess cases involving difficult issues regarding conflicting verbal/written evidence and the assessment of credibility; willingness to travel throughout the province for the purpose of conducting hearings; self-confidence; understanding of the justice system and the role of administrative tribunals in that system; expert knowledge of the Board's governing Act and related law or the ability to acquire such expert knowledge; understanding of the professional, institutional and community context within which the Board operates.
In July 2009 there are 27 members of the Board. Most of them are appointed for eight year terms, are designated Senior Management Group 1 for the purposes of compensation, and are paid between $CDN 91,450 – 104,500 per annum.
Hearings Organization
The Board attempts to hold full and fair hearings that are timely and efficient and to that end controls its own process through pre-hearings resulting in Procedural Orders that organize matters up to a hearing of the merits. Finalizing an Issue List is an important step. The Board expects Parties who place an issue on the Issue List to call a case in support of that issue. The Board expects Parties to disclose to the Board, the likely number of witnesses to be called, the distribution between lay and expert witnesses, and the subject area the evidence of each will address. The Board uses this information to make a judgement on the length of hearing time required. It also uses the information to direct steps the Parties must take and deadlines they must meet to ensure there is both proper disclosure to Parties opposite of the case they must meet as well as providing appropriate opportunities for Parties to scope issues even further and identify areas where settlement may be possible.While a trier of fact at the hearing of the merits makes the final determination of relevance, at the pre-hearing stage the Board must be satisfied that evidence to be called in support of each issue has at least a semblance of relevance.
Costs
Parties who appeal to the Board incur substantial cost for the lawyers and expert witnesses who attempt to persuade the Board that what they want represents good community planning and is in the overall public interest. Late in 2008 a successful appellant sought to have the Board require those who opposed it in a major hearing pay its costs of approximately $3.2 million dollars. The Board found it has the legal authority to make such an order and in its decision summarized the rules it has established that apply when it is called upon to do so. It felt its decision to deny the appellant’s request may be of interest to the public as it addresses the Board's practice dealing with motions or requests for costs and published a link to the decision on its web page.Criticism
On October 7, 2008, City of TorontoToronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
councillors representing the former city of North York
North York, Ontario
North York is a dissolved municipality within the current city of Toronto, Ontario, Canada. Geographically, it comprises the central part of the northern section of Toronto. As of the 2006 Census, it has a population of 635,370. The official 2001 census count was 608,288...
had voted to name a lane "OMB Folly" in the area where the OMB, against the City's wishes, approved development of a condominium/townhouse complex near a low-density residential area immediately west of North York Centre
North York Centre
North York Centre is a town centre in North York, Toronto, Ontario, Canada. Prior to the Amalgamation of Toronto in 1998, it was considered the central business district of the former city of North York...
.
However, Council reversed this decision on August 26, 2010.
After a controversial 2009 decision approved a community of up to 1400 homes in Manotick, Ontario
Manotick, Ontario
Manotick, Ontario is an exurb in Eastern Ontario on the Rideau River, located on the south edge of Ottawa's urban area. Manotick is located immediately south of the booming suburbs Barrhaven and Riverside South and is about from downtown Ottawa. It has been part of the City of Ottawa since...
, Minister of Municipal Affairs Jim Watson was quoted in the local press as stating: "Has the OMB been perfect? No. Can it improve? Yes, I think it can and I am quite prepared to work with the attorney general to try and ensure that the OMB is more reflective of community values [...] I've had a couple of discussions with the attorney general going back a month and we both agree we are going to take a thorough look at the OMB and see how we can further improve it based on changes we made a couple of years ago. We want to see if they've done what we hoped they'd do to bring greater balance to OMB decision-making."