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LN Bulletin: Province to review scope, effectiveness of Ontario Municipal Board

LN Bulletin: Province to review scope, effectiveness of Ontario Municipal Board

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June 24, 2016 - Ontario Attorney General Yasir Naqvi has announced that the province will be undertaking a review of the Ontario Municipal Board (OMB). Initially created in 1906, the OMB is one of the province’s oldest adjudicative tribunals still in existence. Now, following decades of reforms, it plays a significant role in Ontario’s land use planning system.

The review comes as part of input received during extensive public and stakeholder consultations on the Smart Growth of Our Communities Act (Bill 73), the update to the Long - term Affordable Housing Strategy and the Coordinated Land U se Planning Review, in which many made suggestions on improvements that could be made to the OMB.

The newly standalone Ministry of Municipal Affairs will work with the Ministry of the Attorney General to make recommendations on how to improve the role of t he OMB within the broader system of land use planning, and a consultation paper is expected to be finalized and released later this fall for public comment.

In the meantime, the province is seeking public input on the following topics:

Jurisdiction and powers

  • What matters can be appealed and who may appeal them?
  • What use should be made of local appeal bodies?
  • How much deference should be given to council decisions?

Meaningful citizen participation and local perspective

  • How do we improve access to hearings?
  • How do we ensure the ability of the public to participate?
  • How do we ensure the process is affordable?
  • What about unrepresented parties?
  • What role does the citizen liaison office have to play?

Clear/predictable decision making

  • How do we ensure fairness in decision making?
  • How do we streamline adjudicator education and training, and standardize decision format(s)?

Hearing procedures and practices

  • How formal should hearings be?
  • How should expert evidence be heard?
  • What evidence should be allowed at hearings?

Alternative dispute resolution

  • What role can mediation play, or other alternatives to traditional hearings/adversarial procedures?

Timely processes and decision making

  • Should and/or how do we implement timelines for scheduling hearings and the issuing of decisions?

Comments and suggestions should be directed to the province at: OMBReview@ontario.ca. Residents will have an additional opportunity to comment on the consultation paper when released