Ontario Municipal Board

The Ontario Municipal Board or OMB is now known as the Ontario Land Tribunal or OLT (previously called the Local Planning Appeal Tribunal or LPAT)

 

Ontario Land Tribunal:  By-law 569-2013 Decision

By-law 569-2013 was created in 2018 but 324 Appeals were submitted to what was then the Ontario Municipal Board (now the Ontario Land Tribunal). This was followed by many settlements and withdrawals, and subsequent approvals by the Tribunal of unchallenged portions. However, the 2018 Decision identified provisions that in the Tribunal’s view required further study by the City. A Decision on October 12, 2021 defines the decision from the continuation of the Phase 2 hearing on the Residential appeals.

The issues dealt with are:

  • maximum height;
  • maximum main wall height;
  • flat roof houses;
  • width of dormers;
  • height of the first floor and definitions of basement and first floor;
  • location of required parking spaces.

The City was directed by the Tribunal to prepare a final version of the amendments to be submitted for the final approval of the Tribunal.

 

Ontario Municipal Board (OMB) now the Local Planning Appeal Tribunal (LPAT)

Ontario passed legislation on Dec 12, 2017 (that came into effect on Proclamation on April 3, 2018) that established the Local Planning Appeal Tribunal, which replaces the Ontario Municipal Board.  The Planning Act was amended to eliminate “de novo” hearings for the majority of land use planning appeals.  Instead, the tribunal would function as a true appeals body for major land use planning decisions.

The law includes the following reforms aimed at giving communities a stronger voice in local land use planning decisions:

For complex land use planning appeals, the tribunal would only be able to overturn a municipal decision if it does not follow provincial policies or municipal plans. This would depart from the current ‘standard of review’ for land use planning appeals, where the OMB is permitted to overturn a municipal decision whenever it finds that the municipality did not reach the “best” planning decision.

In this case, the tribunal would be required to return the matter to the municipality with written reasons when it overturns a decision, instead of replacing the municipality’s decision with its own.  The municipality would be given 90 days to make a new decision on an application under the proposed new law.

The tribunal would retain the authority to make a final decision on these matters only when, on a second appeal, the municipality’s subsequent decision still fails to follow provincial policies or municipal plans.

Under this new model, the tribunal would be required to give greater weight to the decisions of local communities, while ensuring that development occurs in a way that is good for Ontario and its future.

Link to the website for the Ontario LPAT:  http://elto.gov.on.ca/tribunals/lpat/about-lpat/

 

 

Toronto Local Advisory Body

On March 29, 2017, City Council passed Toronto Municipal Code Chapter 142 creating the Toronto Local Appeal Body (TLAB) with an effective date of May 3, 2017. If you are appealing a Consent and/or Minor Variance application, your appeal will no longer be adjudicated at the OMB.  Go to the Page titled ‘Toronto Local Advisory Body’ for more information and links.

 

 

OMB Information, Articles and Guides

This article written by William H. Roberts on “You and the OMB” has been published by the the Federation of Urban Neighbourhoods of Ontario.  It outlines some key points to consider in preparing for an OMB hearing.    

OMB-Page-2-pdf[1]

 

Rules of Practice and Procedure” are available at http://elto.gov.on.ca/tribunals/lpat/legislation-and-rules/ or by calling 416-326-6800 or toll free 1-866-887-8820.

“LPAT Process” information is available at http://elto.gov.on.ca/tribunals/lpat/lpat-process/

 

 

Review of CofA Appeals by Approval and OMB Disposition Type (2009 to 2011)

We found this spreadsheet on the City website.  Some very interesting statistics!

– only 9% of applications were refused by the CofA during 2009-2011
– for these, 72% of the time the OMB upheld the CofA decisions re these applications
– of the under 10% that were refused by the CofA, just over half were referred to the OMB
only 9% of the time the OMB overturned the CofA decision.

C of A Appeals by Approval and OMB Disposition Type

 

OMB Appeal Fees have changed

The Ontario Municipal Board (OMB), a constituent tribunal of the Environment and Land Tribunals Ontario (ELTO), has changed its appeal fees.

Effective July 1, 2016, the OMB appeal fee has changed from $125 to $300.

  • The fee of $25 for each additional consent appeal filed by the same appellant against connected consent applications does not change.
  • The fee of $25 for each additional variance appeal filed by the same appellant against connected variance applications does not change.

The appeal fee increase applies to OMB appeals that are date stamped by the municipality/approval authority on or after July 1, 2016.  OMB appeal fees are still $125 for appeals date stamped before July 1, 2016.

OMB filing fees have not changed for 25 years, while operating and administrative costs have increased significantly. This fee change is in line with the Ministry’s revenue and reinvestment strategy, which supports the province’s plan to move towards recovering operating costs through user fees.

If you have any questions about this fee contact the OMB at (416) 212-6349 or toll free at 1-866-448-2248.