Halton comments on OMB reform: Maintaining Vision

NRU
Nov. 16, 2016
Andrew Cohrs

Frustrated with a long history of Ontario Municipal Board appeals that delay planning processes and create uncertainty, Halton Region has submitted comments to the province recommending key changes to the board, such as scoping appeals, limiting de novo hearings and improving mediation.

“The system is a little bit broken... here are the improvements to the system to give planning more certainty on the ground as we move forward,” Halton chief planning official Ron Glenn told NRU. “When you get a community vision and you go through a public process and a political decision on what the vision of your community should be, should you have to defend that community vision for three or four years in front of the Ontario Municipal Board because some doesn’t like it?”

The region’s submission was approved by regional council last Wednesday and is supportive of the provincial direction to improve OMB operations, practices and procedures. However, Glenn says more needs to change. The region’s recommendations focus on the board’s jurisdiction and powers, and include scoping what may be appealed, limiting de novo hearings and restructuring the mediation process.

“Scope those matters in which can be appealable... Where growth should be assigned, how much growth should be assigned or where a major transit station is shouldn’t be appealable matters because those are all matters we have to deal with on the provincial level,” says Glenn. “If a council makes a bad decision or a political decision, there may be a basis for a de novo hearing... but where [it has] done due process, done [its] homework and made a decision, should [council have to] start from scratch?”

To decide whether an appeal deserves a de novo hearing, Glenn suggests a front-loaded, mandatory mediation process to both assess an appeal’s merit and whether it should be heard de novo. This process would also provide an opportunity to reach consensus among the parties before a hearing.

Choosing to submit as a region, municipal planning departments across the region, as well as Conservation Halton, Credit Valley Conservation and Grand River Conservation Authority worked together to create the recommendations. Glenn says this is first time in many years that there has been a joint exercise with all local municipalities and conservation authorities.

“We have a shared vision... We thought that as a collective, we should be talking about reforming the planning system to improve it and provide certainty.”

Glenn is optimistic that the region’s comments will be reinforced by other municipalities submitting comments. He credits the provincial government with being bold in terms of some of its suggested reforms. The deadline for comments on OMB reform is December 19.