Transcript Recommending a Strategy

The Municipal Board
Making Your Case to the Board
Presented by:
William Barlow, Chair
Lori Lavoie, Vice Chair
Formation of the Board
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Established under the authority of The Municipal
Board Act
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Duties and responsibilities under a number of
Acts including The Municipal Assessment Act
and The Planning Act
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A quasi-judicial body
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The Board’s Composition
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The Board is comprised of a Chair, Vice Chair,
and part-time members (appointed by Order-inCouncil)
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The Board sits as a panel of three (Chair/Acting
Chair and two members) on public hearings
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Municipal Board Members
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The Board Members are presently from:
Beausejour
Brandon
Fisher Branch
Gimli
Minitonas
Niverville
St. Adolphe
Steinbach
Winnipeg
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Responsibilities of the Board

Assessment Appeal Tribunal – The Municipal
Assessment Act
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Municipal Finance- The Municipal Act
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Planning and Land Use
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Miscellaneous (Annexation / Amalgamation)
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Assessment Appeal Tribunal
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A party, including the Assessor, can appeal a
Board of Revision decision regarding:
 amount
of an assessed value, or
 classification of property
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Public hearing is held unless matter is resolved
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Municipal Finance
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Proposed borrowing by a Municipality must be
approved by the Board
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Public hearing is held if sufficient objections filed
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The Planning Act
Objections to a Zoning By-law
Board’s Jurisdiction:
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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
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The Planning Act
Objections to a Zoning By-law
Nature of the Hearing:
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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
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The Planning Act
Objections to a Zoning By-law
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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
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The Planning Act
Objections to a Zoning By-law
Nature of the Board’s Consideration:
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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
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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
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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
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The order may be subject to any terms or conditions The
Municipal Board considers advisable
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The Planning Act
Objections to a Zoning By-law
The Board’s Decision:
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Disposition of objection within 30 days by written Board Order
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By-law to conform to Order of Board
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Council may decide not to proceed with Third Reading
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Order not subject to appeal
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The Planning Act
Subdivision Appeals
Nature of Appeal:
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Appeal to Board within 30 days from either a decision of
Approving Authority or the inaction of the Approving Authority
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Appeal by applicant or Minister
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The Planning Act
Subdivision Appeals
Nature of the Hearing:
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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
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The Planning Act
Subdivision Appeals
Nature of Board’s Consideration:
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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
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The Planning Act
Subdivision Appeals
Nature of Board’s Consideration:
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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?
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The Planning Act
Subdivision Appeals
The Board’s Decision:
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Order of Board to either reject or approve subdivision, with or
without conditions
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Decision to be made within 30 days
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The Planning Act
Ministerial Referral of a Development Plan or Amendment
Nature of Referral:
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Minister may refer By-law to the Board regarding objections, specific
questions or issues
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Municipal Board Hearing
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The Planning Act
Ministerial Referral of a Development Plan or Amendment
Nature of Hearing:
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Purpose of redesignation
Review of Development Plan and Zoning By-law
Effect on PLUP
Reference to objections, questions and issues
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The Planning Act
Ministerial Referral of a Development Plan or Amendment
Nature of Board’s Consideration on Amendments:
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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
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The Planning Act
Ministerial Referral of a Development Plan or Amendment
The Board’s Decision:
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Report and Recommendation to Minister
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Action to be taken by Minister
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Hearing Process
Basics:
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How the panel prepares
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What the panel considers in reaching a decision
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Hearing Process
Variables:
 Big time public opposition
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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
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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
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Hearing Process
Decision (Order):
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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
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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 decisionmaker; 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
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Notice
If a person is affected by a decision, the person must be given
notice and the opportunity to respond.
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Disclosure
If a tribunal intends to rely on information, it must disclose that
information.
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Administrative Law Considerations
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Public Hearing
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Right to participate
Right to Legal Counsel
Right to cross-examine
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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.
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Administrative Law Considerations
Consistency:
Board is not bound by precedent but, for consistency, Board
should recognize past Orders.
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Administrative Law Considerations
3. Person Who Hears Must Decide
Areas where issues may arise:
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Use of plenary sessions
Use of policy guidelines or policy manuals
Inappropriate pressure by others
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