FoNTRA submission for review of TLAB
SAHRA is one of 30 residents’ association in North Toronto who are members of FoNTRA (Federation of North Toronto Residents’ Associations). FoNTRA deals our concerns relating to the operation of the Toronto Local Appeal Body, which replaced the OMB. TLAB recently submitted their Annual Report to City Council. In response, FoNTRA submitted the attached expressing our concerns on (1) the time to deal with appeals has greatly increased and this means increased workload for all involved (2) the rules and procedures are increasingly complex which result in increased workload for adjudicators and staff and (3) wide disparity in decision outcomes compared with CofA decisions.
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 Ontario Municipal Board. Toronto has set up its own appeal body. North York Appeals will be heard at the North District Library on Orchardview.
What does this mean?
Starting May 3, 2017, appeals for Minor Variances and Consents from the Committee of Adjustment go to the Toronto Local Appeal Body (TLAB) instead of the Ontario Municipal Board (OMB) /Local Planning Appeal Tribunal (LPAT). Procedure By-law 1-2017 governs the meetings of the TLAB.
TLAB Procedure Bylaw May 3 2017
What happens to Committee of Adjustment Appeals as of May 3, 2017?
All appeals are still to be filed with the Manager & Deputy-Secretary Treasurer, Committee of Adjustment and must be filed within the appeal period on the Notice of Decision.
Appeals filed before May 3, 2017 will stay with the OMB.
Appeals filed on or after May 3, 2017 will go to the TLAB unless: the decision was already appealed before May 3, 2017; or there is a related appeal to the OMB for the same matter.
Where can I learn more about where and how to file my appeal?
If you are planning to appeal a decision from the Committee of Adjustment, or are looking for a general overview of the TLAB, the PUBLIC GUIDE is a good place to start. It is filed on the TLAB website.
TLAB is committed to a paperless process and Rules have been prepared to give effect to this commitment to the greatest extent possible. You should read the RULES OF PRACTICE AND PROCEDURE to understand the process, timing, rules, requirements and forms. This is also filed on the TLAB website.
To obtain information on the SCHEDULE or to review DOCUMENTS filed for an Appeal, go to the TLAB website.
Once an Appeal has been scheduled, a Notice of Hearing will be published. It sets that the date, time, location, length of hearing. It also defines specific dates within a 45 day period from the Notice Date for the submission of the following:
Applicant Disclosure as per Rule 11 (Form 3)
Notice of Intention to be a Party as per Rule 12 (Form 4)
Notice of Intention to be a Participant as per Rule 13 (Form 4)
Document Disclosure as per Rule 16
Witness Statement as per Rule 16.4 (Form 12)
Participant Statement as per Rule 16.5 (Form 13)
Expert Witness Statement as per Rule 16.6 (Form 14)
Notice of Motion as per Rule 17 (Form 7)