The Municipal Board Making Your Case to the Board Presented by: William Barlow, Chair Lori Lavoie, Vice Chair

Formation of the Board Established under the authority of The Municipal Board Act Duties and responsibilities under a number of Acts including The Municipal Assessment Act and The Planning Act A quasi-judicial body 2

The Boards Composition The Board is comprised of a Chair, Vice Chair, and part-time members (appointed by Order-in- Council) The Board sits as a panel of three (Chair/Acting Chair and two members) on public hearings 3

Municipal Board Members The Board Members are presently from: BeausejourNiverville BrandonSt. Adolphe Fisher Branch Steinbach Gimli Winnipeg Minitonas 4

Responsibilities of the Board Assessment Appeal Tribunal – The Municipal Assessment Act Municipal Finance- The Municipal Act Planning and Land Use Miscellaneous (Annexation / Amalgamation) 5

Assessment Appeal Tribunal A party, including the Assessor, can appeal a Board of Revision decision regarding: amount of an assessed value, or classification of property Public hearing is held unless matter is resolved 6

Municipal Finance Proposed borrowing by a Municipality must be approved by the Board Public hearing is held if sufficient objections filed 7

The Planning Act Objections to a Zoning By-law Boards Jurisdiction: 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 8

The Planning Act Objections to a Zoning By-law Nature of the Hearing: 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 9

The Planning Act Objections to a Zoning By-law 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 10

The Planning Act Objections to a Zoning By-law Nature of the Boards Consideration: 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 11

The Planning Act Objections to a Zoning By-law The Boards Decision: Confirm or refuse to confirm any part of the By-law that was the subject of the objections; or 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 The order may be subject to any terms or conditions The Municipal Board considers advisable 12

The Planning Act Objections to a Zoning By-law The Boards Decision: Disposition of objection within 30 days by written Board Order By-law to conform to Order of Board Council may decide not to proceed with Third Reading Order not subject to appeal 13

The Planning Act Subdivision Appeals Nature of Appeal: Appeal to Board within 30 days from either a decision of Approving Authority or the inaction of the Approving Authority Appeal by applicant or Minister 14

The Planning Act Subdivision Appeals Nature of the Hearing: 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 15

The Planning Act Subdivision Appeals Nature of Boards Consideration: The land that is proposed to be subdivided is suitable for the purpose for which the subdivision is intended The proposed subdivision conforms with u the Development Plan By-law and Zoning By-law u any Secondary Plan By-law 16

The Planning Act Subdivision Appeals Nature of Boards Consideration: Site specific considerations PLUP and The Planning Act provisions Position of Government departments and agencies Nature of condition(s) u who proposed condition(s)? u has condition(s) been imposed on similar subdivisions in area? 17

The Planning Act Subdivision Appeals The Boards Decision: Order of Board to either reject or approve subdivision, with or without conditions Decision to be made within 30 days 18

The Planning Act Ministerial Referral of a Development Plan or Amendment Nature of Referral: Minister may refer By-law to the Board regarding objections, specific questions or issues Municipal Board Hearing 19

The Planning Act Ministerial Referral of a Development Plan or Amendment Nature of Hearing: Purpose of redesignation Review of Development Plan and Zoning By-law Effect on PLUP Reference to objections, questions and issues 20

The Planning Act Ministerial Referral of a Development Plan or Amendment Nature of Boards Consideration on Amendments: 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 21

The Planning Act Ministerial Referral of a Development Plan or Amendment The Boards Decision: Report and Recommendation to Minister Action to be taken by Minister 22

Hearing Process Basics: How the panel prepares What the panel considers in reaching a decision 23

Hearing Process Variables: Big time public opposition u The Board is an Independent Body appointed by the Province by Order-In-Council. u This is a hearing, not a discussion, debate, or Town Hall meeting, nor is it a repeat of the Municipalitys hearing on this matter. u This is a Municipal Board Hearing u Everyone who presents must be sworn or affirmed 24

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 25

Hearing Process Decision (Order): 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 26

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 decision- maker; and 3. The person who hears the case must decide the case. 27

Administrative Law Considerations 1. Right to Know the Case and Reply Notice If a person is affected by a decision, the person must be given notice and the opportunity to respond. Disclosure If a tribunal intends to rely on information, it must disclose that information. 28

Administrative Law Considerations Public Hearing u Right to participate u Right to Legal Counsel u Right to cross-examine 29

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. 30

Administrative Law Considerations Consistency: Board is not bound by precedent but, for consistency, Board should recognize past Orders. 31

Administrative Law Considerations 3. Person Who Hears Must Decide Areas where issues may arise: Use of plenary sessions Use of policy guidelines or policy manuals Inappropriate pressure by others 32