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The Municipal Board

The Municipal Board. Making Your Case to the Board. Presented by: William Barlow, Chair Lori Lavoie , Vice Chair. Formation of the Board. Established under the authority of The Municipal Board Act

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The Municipal Board

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  1. The Municipal Board Making Your Case to the Board Presented by: William Barlow, Chair Lori Lavoie, Vice Chair

  2. Formation of the Board • Established under the authority of The Municipal Board Act • Duties and responsibilities under a number of Acts including The Municipal Assessment Act and The Planning Act • A quasi-judicial body 2

  3. The Board’s Composition • The Board is comprised of a Chair, Vice Chair, and part-time members (appointed by Order-in-Council) • The Board sits as a panel of three (Chair/Acting Chair and two members) on public hearings 3

  4. Municipal Board Members • The Board Members are presently from: BeausejourNiverville BrandonSt. Adolphe Fisher BranchSteinbach GimliWinnipeg Minitonas 4

  5. Responsibilities of the Board • Assessment Appeal Tribunal – The Municipal Assessment Act • Municipal Finance- The Municipal Act • Planning and Land Use • Miscellaneous (Annexation / Amalgamation) 5

  6. Assessment Appeal Tribunal • A party, including the Assessor, can appeal a Board of Revision decision regarding: • amount of an assessed value, or • classification of property • Public hearing is held unless matter is resolved 6

  7. Municipal Finance • Proposed borrowing by a Municipality must be approved by the Board • Public hearing is held if sufficient objections filed 7

  8. The Planning Act Objections to a Zoning By-law Board’s Jurisdiction: • Objections filed with a municipality that is not part of a Planning District are referred to Board • If Planning District receives objections from a Government Department, those objections must be referred to Board along with any other objections 8

  9. The Planning Act Objections to a Zoning By-law Nature of the Hearing: • Outline nature of amendment - proposed land use • Provide copies of Amending By-law, Zoning By-law, Development Plan and written presentations • Explain effect of amendment on Zoning By-law and Development Plan • Address objections 9

  10. The Planning Act Objections to a Zoning By-law • Presenters to explain nature of objection and effect on general development standards, Zoning By-law, Development Plan and existing land uses • Reference to Provincial Land Use Policies (“PLUP”), if applicable • Development Plan By-law and any Secondary Plan By-law • Character of the zone • The Nature of the existing or proposed uses of land and buildings in the zone • Suitability of the zone for particular uses 10

  11. The Planning Act Objections to a Zoning By-law Nature of the Board’s Consideration: • Zoning By-law to generally conform to adopted Development Plan • General development standards of Zoning By-law to be considered • Provincial Land Use Policies – Board may consider policies for guidance but recognizes that PLUP does not apply to lands subject to an adopted Development Plan 11

  12. The Planning Act Objections to a Zoning By-law The Board’s Decision: • Confirm or refuse to confirm any part of the By-law that was the subject of the objections; or • Direct the board or council to alter the By-law in the manner it specifies to address any representations on the objections made at the hearing • The order may be subject to any terms or conditions The Municipal Board considers advisable 12

  13. The Planning Act Objections to a Zoning By-law The Board’s Decision: • Disposition of objection within 30 days by written Board Order • By-law to conform to Order of Board • Council may decide not to proceed with Third Reading • Order not subject to appeal 13

  14. The Planning Act Subdivision Appeals Nature of Appeal: • Appeal to Board within 30 days from either a decision of Approving Authority or the inaction of the Approving Authority • Appeal by applicant or Minister 14

  15. The Planning Act Subdivision Appeals Nature of the Hearing: • Review Subdivision proposal and Conditional Approval • Outline basis of appeal • Development Plan, PLUP, Planning Act considerations • Position of Government departments and agencies • Position of applicant 15

  16. The Planning Act Subdivision Appeals Nature of Board’s Consideration: • The land that is proposed to be subdivided is suitable for the purpose for which the subdivision is intended • The proposed subdivision conforms with • the Development Plan By-law and Zoning By-law • any Secondary Plan By-law 16

  17. The Planning Act Subdivision Appeals Nature of Board’s Consideration: • Site specific considerations • PLUP and The Planning Act provisions • Position of Government departments and agencies • Nature of condition(s) • who proposed condition(s)? • has condition(s) been imposed on similar subdivisions in area? 17

  18. The Planning Act Subdivision Appeals The Board’s Decision: • Order of Board to either reject or approve subdivision, with or without conditions • Decision to be made within 30 days 18

  19. The Planning Act Ministerial Referral of a Development Plan or Amendment Nature of Referral: • Minister may refer By-law to the Board regarding objections, specific questions or issues • Municipal Board Hearing 19

  20. The Planning Act Ministerial Referral of a Development Plan or Amendment Nature of Hearing: • Purpose of redesignation • Review of Development Plan and Zoning By-law • Effect on PLUP • Reference to objections, questions and issues 20

  21. The Planning Act Ministerial Referral of a Development Plan or Amendment Nature of Board’s Consideration on Amendments: • Present use of property • Proposed use of property • Effect of redesignation on adjoining properties • The need for the redesignation • Basis of objections • Whether the proposed amendment is more appropriate as part of five-year review 21

  22. The Planning Act Ministerial Referral of a Development Plan or Amendment The Board’s Decision: • Report and Recommendation to Minister • Action to be taken by Minister 22

  23. Hearing Process Basics: • How the panel prepares • What the panel considers in reaching a decision 23

  24. Hearing Process Variables: • Big time public opposition • The Board is an “Independent Body” appointed by the Province by Order-In-Council. • This is a hearing, not a discussion, debate, or Town Hall meeting, nor is it a repeat of the Municipality’s hearing on this matter. • This is a “Municipal Board Hearing” • Everyone who presents must be sworn or affirmed 24

  25. Hearing Process Variables: • Provincial Departments and Agencies, Planning Districts • Municipalities at odds • Involvement of Legal Counsel • Presence and participation of Council, Planning District Board Members standing by their decision 25

  26. Hearing Process Decision (Order): • Board meets as may times as necessary to develop draft of Order – usually reaches consensus • Chair / Acting Chair writes draft • Recording Secretary formats draft order for panel review • Secretary of Board / Vice Chair / Chair review draft – proofreading and legal / decision belongs to the panel • Order is issued • Timeline varies 26

  27. Administrative Law Considerations Duty of Fairness (Natural Justice) Three basic components: 1. A person affected by an administrative decision has the rightto know the case against him or her, and must be given an opportunity to reply to it; 2. A person is entitled to a decision from an unbiased decision-maker; and 3. The person who hears the case must decide the case. 27

  28. Administrative Law Considerations 1. Right to Know the Case and Reply • Notice If a person is affected by a decision, the person must be given notice and the opportunity to respond. • Disclosure If a tribunal intends to rely on information, it must disclose that information. 28

  29. Administrative Law Considerations • Public Hearing • Right to participate • Right to Legal Counsel • Right to cross-examine 29

  30. Administrative Law Considerations 2. Bias What matters is whether a reasonable, informed person, looking at all the facts, would conclude there is a real likelihood the decision-maker will favour one side over the other. 30

  31. Administrative Law Considerations Consistency: Board is not bound by precedent but, for consistency, Board should recognize past Orders. 31

  32. Administrative Law Considerations 3. Person Who Hears Must Decide Areas where issues may arise: • Use of plenary sessions • Use of policy guidelines or policy manuals • Inappropriate pressure by others 32

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