Bill 73 & Dispute Resolution. ADR authorized for Planning Disputes prior to Bill 73 1993: Sewell Commission recommended that OMB consider alternate ways.

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Presentation transcript:

Bill 73 & Dispute Resolution

ADR authorized for Planning Disputes prior to Bill : Sewell Commission recommended that OMB consider alternate ways to resolve planning disputes (Chapter 9, New Planning for Ontario) 1994: Planning Act directs Minister, municipal council or OMB to use mediation, conciliation or other dispute resolution techniques “if appropriate” (S. 65 Planning Act) ADR – primarily mediation - used by OMB, not other approval authorities

How Does the OMB Mediate? Appointment of members with mediation expertise Training of members in mediation Parties don’t pay for Board members who mediate Board’s Rules 66-69: receives requests for mediation determines if requests will be granted (mediation assessment) Neutrality Confidentiality Settlement hearing to protect public interest (Rule 24)

How do Parties view OMB Mediation Lawyers representing applicants & municipalities: positive & successful Challenges: inexperienced parties or counsel; residents lacking resources; lack of senior qualified mediators OMB initiatives: compare the process with adjudication; encourage applicants to provide planners for resident groups

Bill 73 Provisions for Dispute Resolution Techniques If planning approval authority gives notice of intention to use dispute resolution techniques, then the authority has an additional 60 days to forward record of its decision to the OMB. Specific provisions: OP and OPA – Ss. 17 ( ) ( ) & Ss. 24 ( ) ZBL – Ss. 34( ) & S. 34 ( ) Draft plan of subdivision – Ss. 50 ( ) Consent – Ss. 53( )

Concerns if City Council gives notice of intention to use DR Council is not neutral with respect to ZBL, unlike OMB Council can invite only those participants it considers appropriate – not limited to likelihood that DR will be successful 60 day dispute resolution extension (delay?) occurs regardless of participation in DR

Questions if City Council intends to give notice Is a 3 rd party neutral required? How is the neutral selected? Who pays the neutral? How is confidentiality protected? Is the public interest protected?

MMAH/AMO to provide training/legal process to support Bill 73 ADR provisions Roster of 3 rd party neutrals to be established by OBA or ADR Institute Action to Facilitate ADR under Bill 73