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Ontario Municipal Board

The Ontario Municipal Board (OMB) is an independent administrative tribunal that hears applications and appeals on municipal and planning matters such as zoning bylaws, subdivision plans, official plans, consents and minor variances under the Planning Act, assessment appeals under the Assessment Act, land compensation matters under the Expropriations Act, and objections to municipal proposals to borrow to finance capital works under the Municipal Act and other legislation in the province of Ontario, Canada, as provided for under the Ontario Municipal Board Act. One of the oldest tribunals in the province, the OMB was created in 1897.

The Provincial Cabinet determines the number of members, makes appointments and designates one member as chair and one or more vice-chairs. Where, (a) the chair is absent or unable to act, a vice-chair designated by the chair; or (b) the office of chair is vacant, a vice-chair designated by the Attorney General, exercises the jurisdiction and powers of the chair, including the power to complete any unfinished matter

The Chair, Vice-Chairs and Members come from a variety of professions, and include: lawyers, planners, engineers, architects, accountants, farmers, environmentalists, teachers, business owners, and administrators.

Board members are responsible for the adjudication of disputes between parties appearing before the Board pursuant to the governing Act. In carrying out this responsibility, members prepare for hearings, conduct hearings and make rulings and/or write decisions. Members conduct hearings as assigned by the Chair, in accordance with the Act and other applicable laws and with the policies, procedures and rules of the Board. Members make rulings and decisions on the basis of evidence and submissions and issue decisions in a timely manner. In preparing for the hearing, members review materials submitted by parties, conduct necessary research, identify opportunities for alternative ways of resolving the dispute and bring this to the attention of the Chair or the Chair's designate and make such preliminary rulings as may be necessary. Members also participate in Board member meetings, and when requested to do so by the Chair or the Chair's designate, in training and mentoring sessions and in committees established for the administration of the Board's adjudicative role. Appointees are expected to have the following abilities, skills and knowledge in order to carry out their responsibilities effectively: Demonstrated analytical, conceptual, problem-solving and writing skills; ability to listen and communicate clearly and effectively; computer literacy; good organization skills; well-developed dispute resolution skills; ability to objectively and fairly assess cases involving difficult issues regarding conflicting verbal/written evidence and the assessment of credibility; willingness to travel throughout the province for the purpose of conducting hearings; self-confidence; understanding of the justice system and the role of administrative tribunals in that system; expert knowledge of the Board's governing Act and related law or the ability to acquire such expert knowledge; understanding of the professional, institutional and community context within which the Board operates.

In December 2007 there are 28 members of the Board. Most of them are designated Senior Management Group 1 for the purposes of compensation, and are paid between $CDN 89,000 and $CDN 101,000 per annum.

Criticism

On October 7, 2008, City of Toronto councillors representing the former city of North York had voted to name a lane in the area where the OMB approved development of a condominium/townhouse complex near a low-density residential area immediately west of North York Centre OMB Folly; the City did not approve the development of this complex.