February 2016
Making Local Development Work Part 1 of 2
Local development can be viewed as a partnership between the Provincial government, Municipal government and local developers. Inevitably, there will be disagreement about the interpretation and implementation of local development guidelines. When such disagreements arise the Ontario Municipal Board, or OMB, provides independent review and decisions that are binding on all parties.
The OMB exists to protect against short-sighted and partisan interests that may try to influence how our city and communities develop.
Understanding how the OMB operates is a necessity for those concerned with local development. When matters are appealed to the OMB, it results from a disagreement about what is acceptable according to current policy and plans.
Common concerns among the condo community are decisions about density, height and local infrastructure.
Some of the issues that the OMB deals with include official plans, zoning by-laws, development charges and land compensation. When making a decision, the OMB may hear evidence on Provincial legislation, provincial plans and policy statements; Municipal planning documents such as official plans; Environmental, social and economic issues; and the best interests of a community.
In Toronto, OMB decisions are made in accordance with stated guidelines for communities as identified in documents such as the Growth Plan for the Greater Golden Horseshoe, Official Plan for Toronto and Secondary Plans for identified areas. It is the OMB that ensures disputes on what is considered acceptable development are based on these plans and not shorter term personal interests that conflict with these plans.
What is the OMB
The OMB is an independent tribunal that conducts hearings and makes decisions on matters that have been appealed under specific provincial legislation. Decisions are based on fact and evidence provided to them. They are governed by provincial legislation and follow established rules.
The OMB is one of the province’s longest-standing adjudicative tribunals and was established in 1906. It was created to oversee municipalities’ accounts and to supervise the rapidly growing rail transportation system between and within municipalities.
The OMB’s mandate has evolved to that of an appeal board. This body makes decisions that conform to provincial plans and are consistent with provincial policy statements.
OMB Members are appointed.
Provincial and Municipal Responsibilities for Planning
The Ontario government plays an active role in Provincial land use planning by the enactment of legislation, policy statements or Provincial Plans. This responsibility is authorized under the Planning Act.
Municipalities develop local rules to conform to Provincial policy.
The OMB’s main areas of work include land use planning and development charges. In 2003, the Province undertook planning reforms that re-defined the role of the Province and the OMB in land use planning. This increased the role of local municipal decision-making.
OMB Appeals and Hearings
Disputes can arise when a local developer disagrees with decisions made by a planning department on interpretation about what is acceptable development according to one of the official plans governing local development.
When a dispute arises, certain appeals can be filed with the OMB under the Planning Act and other land related legislation. A successful appeal means that a local government may have deviated from a plan upon which a developer may have relied upon when planning for a specific site.
If the OMB did not exist to handle appeals on development issues, such disputes would be handled by the courts. The OMB process is designed to resolve disputes in an informal, less costly and more timely manner than the courts. OMB Members make independent decisions based on the applicable law and policies, and evidence presented at the hearing.
When the OMB receives an appeal it is reviewed. After review the OMB will stream cases to mediation, motion, pre-hearing or hearing. Most cases before the Board proceed directly to a hearing.
OMB hearings are less formal than a court proceeding but more formal than a committee or council meeting. Most hearings are held in person.
Most OMB hearings are held in the municipality where the property is located, often at a public location such as a city hall, library or recreation facility.
Any group or individual may file an appeal with the OMB on a matter that falls within its mandate. Some parties hire a lawyer but this is not required.
OMB Members hear the appeal and make independent decisions based on the evidence presented at the hearing, applicable law, the provincial planning policy statement, provincial plans, municipal planning documents, previous OMB decisions (if applicable) and the principles of good planning.
Generally, 85 per cent of decisions are issued, in writing, within 45 days of a hearing. In an effort to avoid potential confusion, the OMB does not interpret their written decisions.
OMB hearings are open to the public.
In 2012/2013, the most current period for which information is available, Over 1,700 appeals were held throughout the province. Nearly one third of these appeals involved the City of Toronto. Most of these hearings were completed in less than one day.
For information on the Ontario Municipal Board, please visit www.omb.gov.on.ca.
