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
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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.
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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
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