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PUBLICATIONS
The Ontario Municipal Board and You
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by D. Gregory Meeds
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What is the Ontario Municipal Board (O.M.B.)?
The Ontario Municipal Board is an independent and impartial adjudicative tribunal which listens to the appeals and concerns of individuals, public bodies and incorporated groups who object to the decisions of public or approval authorities such as local councils, committees of adjustment, land division committees, the Minister of Municipal Affairs and Housing, or an expropriating authority.
The Ontario Municipal Board is the forum where you would bring your objections or concerns relating to decisions on a broad range of subject matters, including:
- official plans
- zoning by-laws
- plans of subdivision
- consents to convey land
- minor variances from local by-laws
- development charges
- compensation for expropriated land
How do I make an appeal to the OMB?
The particular legislation that applies to your situation states who may appeal and how appeals are to be made.
Objections and appeals are generally made by way of letter of objection to the approval authority (in the case of official plan or plan of subdivision objections), or by filing a letter of appeal or "Notice of Appeal" with the municipality or public authority. Depending on the nature of the objection or appeal, different time limits exist which must be kept in mind in order to avoid losing your right to object or appeal.
What happens after I file my appeal?
Following the expiration of the deadline for filing appeals, a Board hearing will be scheduled, with notice provided to all persons, public bodies and incorporated groups who filed an appeal within the time limit.
A Board hearing is conducted in much the same manner as a court proceeding. For example, appellants will give testimony (evidence) under oath or affirmation and call witnesses (including expert witnesses as required). All witnesses are subject to cross-examination by the opposing party or other appellants. Evidence is presented through exhibits and oral testimony of witnesses, including expert witnesses retained to give opinion evidence about technical questions such as traffic, safety and compatibility.
Upon the completion of the hearing, after all of the evidence and submissions of the parties has been heard, the Board may give its decision orally. Generally, the Board will reserve its decision (provide it in writing at a later date) if the hearing has been lengthy or the issues and evidence have been complex.
Decisions of the Ontario Municipal Board may be reviewed or appealed only in specific circumstances and on limited grounds.
Do I need a lawyer?
While most municipalities and applicants for approvals use lawyers, the Board does not require that anyone be represented by a lawyer. That being said, given the various statutes governing the different types of objections or appeals, which specify the appeal procedure and time limitations, as well as the potentially complicated and cumbersome procedural and legal aspects of an OMB hearing, including prehearing conferences, motions, preparing expert witnesses, calling witnesses under summons, and arguing applicable case law in favour of the appeal, you may wish to consult with or retain a lawyer with municipal and planning experience to assist you or act on your behalf.
Whether or not a lawyer is required will depend on the complexity of the issues and the nature of the proceeding as well as the individual appellant's comfort level in dealing with such matters unrepresented.
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