the municipal board making your case to the board presented by: william barlow, chair lori lavoie,...
TRANSCRIPT
The Municipal Board
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 The Municipal Assessment Act and The Planning Act
A quasi-judicial body 2
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
3
Municipal Board Members
The Board Members are presently from:
Beausejour Niverville
Brandon St. Adolphe
Fisher Branch Steinbach
Gimli Winnipeg
Minitonas4
Responsibilities of the Board Assessment Appeal Tribunal – The Municipal
Assessment Act
Municipal Finance- The Municipal Act
Planning and Land Use
Miscellaneous (Annexation / Amalgamation) 5
Assessment Appeal Tribunal A party, including the Assessor, can appeal a
Board of Revision decision regarding:
amount of an assessed value, or classification of property
Public hearing is held unless matter is resolved 6
Municipal Finance Proposed borrowing by a Municipality must be
approved by the Board
Public hearing is held if sufficient objections filed
7
The Planning ActObjections 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
8
The Planning ActObjections to a Zoning By-law
Nature of the Hearing: Outline nature of amendment - proposed land use Provide 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 9
The Planning ActObjections 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 uses
Reference 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
10
The Planning ActObjections 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 11
The Planning ActObjections 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
12
The Planning ActObjections 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 Reading
Order not subject to appeal13
The Planning ActSubdivision 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
14
The Planning ActSubdivision Appeals
Nature of the Hearing: Review Subdivision proposal and Conditional Approval Outline basis of appeal Development Plan, PLUP, Planning Act considerations Position of Government departments and agencies Position of applicant 15
The Planning ActSubdivision 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 with
the Development Plan By-law and Zoning By-law any Secondary Plan By-law
16
The Planning ActSubdivision Appeals
Nature of Board’s Consideration: Site specific considerations PLUP and The Planning Act provisions Position of Government departments and agencies Nature of condition(s)
who proposed condition(s)? has condition(s) been imposed on similar subdivisions in
area?17
The Planning ActSubdivision Appeals
The Board’s Decision: Order of Board to either reject or approve subdivision, with or
without conditions
Decision to be made within 30 days
18
The Planning ActMinisterial 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
19
The Planning ActMinisterial 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
20
The Planning ActMinisterial Referral of a Development Plan or Amendment
Nature of Board’s Consideration on Amendments: Present use of property Proposed use of property Effect of redesignation on adjoining properties The need for the redesignation Basis of objections Whether the proposed amendment is more appropriate
as part of five-year review
21
The Planning ActMinisterial Referral of a Development Plan or Amendment
The Board’s Decision: Report and Recommendation to Minister
Action to be taken by Minister
22
Hearing Process
Basics: How the panel prepares
What the panel considers in reaching a decision
23
Hearing Process
Variables: Big time public opposition
The 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
24
Hearing Process
Variables: Provincial Departments and Agencies, Planning
Districts Municipalities at odds Involvement of Legal Counsel Presence and participation of Council, Planning
District Board Members standing by their decision 25
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 review Secretary of Board / Vice Chair / Chair review draft –
proofreading and legal / decision belongs to the panel Order is issued Timeline varies
26
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. 27
Administrative Law Considerations1. 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.
DisclosureIf a tribunal intends to rely on information, it must disclose that
information. 28
Administrative Law Considerations
Public Hearing Right to participate Right to Legal Counsel Right to cross-examine
29
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.
30
Administrative Law Considerations
Consistency:Board is not bound by precedent but, for consistency, Board should recognize past Orders.
31
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