Newmarket councillors pleased with direction of OMB review so far
Province has outlined five main themes for review

YorkRegion.com
Dec. 1, 2016
Chris Simon

The province’s review of the Ontario Municipal Board appears headed in the right direction, say several Newmarket council members.

Councillors discussed the Ontario government’s attempt to reform the board, an independent tribunal that deals with planning decision appeals, during a committee meeting Monday, Nov. 28. There is reason for optimism, considering the five main themes for the review that have been identified by the province, including the jurisdiction and powers of the OMB, citizen participation, clear and predictable decision-making, modern procedures and faster decisions, and alternative dispute resolution and fewer hearings, Regional Councillor John Taylor said.

“When they talk about it being shipped away from hearings, the role of the OMB is not to seek the best decision but rather to focus on the validity of the decision under appeal,” he said. “There are a lot of areas that are going to be improved.”

Ward 7 Councillor Christina Bisanz, who headed a residents’ group during a fight against the Glenway development a few years ago, is pleased with the province’s direction. She also trumpeted recommendations made by the Regional Planning Commissioners of Ontario recently, which notes the OMB’s “uniquely extensive powers” when compared to other jurisdictions.

“Across the province, municipalities have joined together to acknowledge the current process, the procedures and the powers of the (OMB) are outdated and resulted in decisions that are perplexing and sometimes arguably counter to the community interests,” she said. “Municipalities are a mature form of government. Municipalities that have invested the time and sought public input and consideration into official plans have those policies overridden by the (OMB) without due regard for the fact those plans may have been approved by the region and province in many cases. There are a number of areas where the (OMB) needs to be reformed.”

The OMB needs to give public input more “equitable footing” during the decision-making process. Also, resident groups should not be forced to host bake and garage sales and other fundraisers just to cover costs related to OMB hearings, Bisanz said.

“Municipal decisions founded on recognized provincial policy … the OMB should not be having the power to overrule those plans,” she said.

The RPCO report also notes the province should “clearly and quickly” issue conformity and approval statements for municipal official plans and related amendments, extend appeal limitations, provide more competitive compensation for board members to attract more qualified professional planners and dedicate adequate resources to relieve the backlog of files awaiting resolution, among other recommendations.

In 2014-2015, the OMB received 1,535 files related to the Planning Act from across the province. The greatest amount deals with minor variance applications (37 per cent), followed by OP amendments and plans of subdivision (24), zoning bylaw amendments (23) and consent applications (16).

To view the full RPCO report, visit rpco.ca.