A Practical Guide to the Ontario Municipal Board, 2nd Edition
Publisher: LexisNexis Canada
Appearing before the Board can be daunting. Procedures must be followed, and an understanding of the Board itself is necessary. Former long-time Board member Bruce Krushelnicki has put all the information you need about appearing before the board into one unique resource. A Practical Guide to the Ontario Municipal Board answers four key questions:
- What does the Board do?
- How is an appeal made?
- How is a Board hearing conducted?
- How do you prepare for a Board hearing?
The Guide is essential reading for anyone who wishes to participate effectively in the planning process.
New in this Edition
New summary of the sweeping reforms made to the OMB mandate and practice from Bills 27 and 51!
- Discussion of new major legislative reforms to appeals under the OMB
- New discussion on the provincial interest and the application of the Provincial Policy Statement especially in regards to adoption of two new legislative tests, "must be consistent with the PPS" and must "conform to provincial plans"
- Discussion of the loss of OMB jurisdiction in the form of lost appeal opportunities for urban boundary expansions, employment land conversions and second suites by-laws
- Discussion of amended appeal periods, revised powers, the new local appeal board proposed as an optional alternative to the OMB for minor variance and severance appeals and the complete application reforms
- Discussion of the changes that have taken place to the Ontario Heritage Act which now provides a stronger role for the OMB in Heritage matters
- Discussion of the changes on practice dealing with the completeness of an application and admissibility of new evidence to the OMB that was not available to the council
- Discussion of changes to the role of local municipalities, the position of un-represented parties and participants
Table of Contents
- Comprehensive overview of the Planning Act. Municipal planning in Ontario is governed by the Planning Act. This important piece of legislation is outlined, including who makes local planning decisions and how the Act affects the role of the Ontario Municipal Board.
- Future of the Board. Pros and cons of the Board are discussed. The author reviews the reforms that have taken place in 2005-2006 and assess the changes as to how they address the criticisms of the OMB that had previously be leveled at it.
Chapter 1: Introduction to the Ontario Municipal Board
Chapter 2: The Constitution, Jurisdiction and Procedural Authority of the Ontario Municipal Board
Chapter 3: The Role of the OMB in Planning and its Other Areas of Municipal Jurisdiction
Chapter 4: Ontario Municipal Board Procedures in Preparation for a Hearing
Chapter 5: The Organization and Conduct of an OMB Hearing
Chapter 6: Practical Conduct Before the Board
Chapter 7: Reforming the Role the Ontario Municipal Board in Planning
Bruce W. Krushelnicki
Bruce Krushelnicki, M.PL. Ph.D., MCIP, RPP,
was appointed to the Ontario Municipal Board in 1991 and served as a member for over 12 years. In 2004 he became the Director of Planning for the City of Burlington. Before joining the Board, he was an Associate Professor and Director of the Institute of Urban and Environmental Studies, Brock University where he taught for 12 years. During this time he also maintained a small consulting practice in urban and environmental planning. He studied in the Schools of Urban and Regional Planning at Queen's University and the University of Waterloo, where he received a Ph.D. He followed his studies with a Parliamentary Internship in the House of Commons in Ottawa.
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