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Slide1

The Municipal Board

Making Your Case to the Board

Presented by:

William Barlow, Chair

Lori Lavoie

, Vice ChairSlide2

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 ActA quasi-judicial body

2Slide3

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

3Slide4

Municipal Board Members

The

Board

Members are presently from:

Beausejour Niverville

Brandon

St.

Adolphe

Fisher Branch Steinbach Gimli Winnipeg Minitonas

4Slide5

Responsibilities

of the Board

Assessment Appeal

Tribunal –

The Municipal Assessment ActMunicipal Finance- The Municipal ActPlanning and Land UseMiscellaneous (Annexation / Amalgamation)

5Slide6

Assessment Appeal Tribunal

A party, including the Assessor, can appeal a Board of Revision decision regarding:

amount of an assessed value, or

classification of

propertyPublic hearing is held unless matter is resolved

6Slide7

Municipal Finance

Proposed borrowing by a Municipality must be approved by the Board

Public

hearing is held if sufficient objections filed

7Slide8

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

8Slide9

The Planning Act

Objections to a

Zoning

By-law

Nature of the Hearing:Outline nature of amendment - proposed land useProvide 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

9Slide10

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 usesReference 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

10Slide11

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

11Slide12

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

12Slide13

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 ReadingOrder not subject to appeal

13Slide14

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

14Slide15

The Planning Act

Subdivision Appeals

Nature of the Hearing:

Review Subdivision proposal and Conditional Approval

Outline basis of appealDevelopment Plan, PLUP, Planning Act considerationsPosition of Government departments and agencies

Position of applicant

15Slide16

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 witht

he Development Plan By-law and Zoning By-law

a

ny Secondary Plan By-law

16Slide17

The Planning Act

Subdivision Appeals

Nature of Board’s Consideration:

Site specific considerations

PLUP and The Planning Act provisionsPosition of Government departments and agencies

Nature of condition(s)

who proposed condition(s)?

has condition(s) been imposed on similar subdivisions in area?

17Slide18

The Planning Act

Subdivision Appeals

The Board’s Decision:

Order

of Board to either reject or approve subdivision, with or without conditionsDecision to be made within 30 days

18Slide19

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

19Slide20

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

20Slide21

The Planning Act

Ministerial Referral of a Development Plan

or Amendment

Nature of Board’s

Consideration on Amendments:Present use of propertyProposed use of property

Effect of

redesignation

on adjoining properties

The need for the

redesignation

Basis of objectionsWhether the proposed amendment is more appropriate as part of five-year review

21Slide22

The Planning Act

Ministerial Referral of a Development Plan

or Amendment

The Board’s Decision:

Report and Recommendation to MinisterAction

to be taken by Minister

22Slide23

Hearing Process

Basics:

How the panel prepares

What the panel considers in reaching a decision

23Slide24

Hearing Process

Variables:

Big time public opposition

T

he 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

24Slide25

Hearing Process

Variables:

Provincial Departments and Agencies, Planning Districts

Municipalities at odds

Involvement of Legal CounselPresence and participation of Council, Planning District Board Members standing by their decision

25Slide26

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 reviewSecretary of Board / Vice Chair / Chair review draft – proofreading and legal / decision belongs to the panelOrder is issuedTimeline varies

26Slide27

Administrative Law Considerations

Duty of Fairness (Natural Justice)

Three basic components:

1. A person affected by an administrative decision has

the right

to 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.

27Slide28

Administrative Law Considerations

1. Right

to Know the Case and

Reply

NoticeIf 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.

28Slide29

Administrative Law Considerations

Public Hearing

Right to participate

Right to Legal Counsel

Right to cross-examine

29Slide30

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.

30Slide31

Administrative Law Considerations

Consistency:

Board is not bound by precedent but, for

consistency

, Board should recognize past Orders.

31Slide32

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

By: myesha-ticknor
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Type: Public

The Municipal Board - Description


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 Duties and responsibilities under a number of Acts including ID: 382286 Download Presentation

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