ARB News & Updates

NEW ARB Rules of Practice and Procedure, Effective April 1, 2017

February 27, 2017

The Assessment Review Board (ARB) is pleased to post the final version of the 2017 Rules of Practice and Procedure, effective April 1, 2017.

The ARB would like to thank all of our stakeholders for the thoughtful feedback that was provided on the draft Rules, which were circulated in December 2016. All feedback was reviewed and taken into consideration and, as a result, the ARB has made many changes in wording to ensure the Rules function in an efficient manner.

Some of our stakeholders raised the issue of unintended consequences. The ARB is confident that the new Rules are flexible enough to accommodate any exceptional circumstances.  Since it is difficult for the ARB to anticipate all future situations that may arise, a stakeholder committee will be established to monitor the application of the Rules and recommend any amendments to the Rules by the middle of the current assessment cycle, in 2019. Details about the stakeholder committee will be announced in the near future.

The ARB would like to highlight the following substantive changes that were made to the Rules to address the concerns raised.

The ARB:

  • added Rule 14, to permit paralegals to appear as both a witness and an advocate in summary proceedings. The Rule also permits the Board to grant leave to paralegals to appear as both a witness and an advocate in general proceedings.
  • has provided a form of affidavit of service in the new Rules, under Schedule E, to ensure consistency in proof of service.
  • extended the time for filing special notices by 30 days in the current Rule 40
  • provided new Rule 46, which clarifies that producing a document in a proceeding is not an admission of the relevance or admissibility of that document.
  • removed former Rule 50, which required challenges to expert witnesses to be made in writing within a specified period of time. We expect that parties will raise any concerns with expert witnesses at the settlement conference.
  • removed the requirement to file jurisprudence and written submissions with a notice of motion in Rule 61. We are developing a procedure in which motions will be triaged through a request for instructions to the acting Duty Vice Chair. That process will allow for filing procedures to be tailored to the complexity and needs of each specific motion.
  • clarified, in new Rule 64, that the evidence on motions will be by affidavit and any transcripts of cross examination on affidavits.
  • provided a schedule for the preparation and execution of minutes of settlement in new Rule 69, as well as an authority for the Board to issue decisions in reliance upon minutes of settlement that are executed by all parties but one. This replaces the 90 day period after which municipalities were deemed not to oppose a settlement.
  • changed Rules 60 and 89 to permit the same Board Member to preside at a settlement conference and a mediation in the same appeal. The same Member can also adjudicate the matter, but only with the written consent of all parties.
  • removed some limitations on the use of court reporters and transcripts in Rules 109 and 110.
  • added Rule 118, providing a 30 day time period to respond to costs request.
  • modified the Schedule of Events to permit amendments to pleadings in general proceedings if an expert reports raise new issues.

For more information on the new ARB Rules of Practice and Procedure document, visit our FAQs.

Proposed Amendments to the ARB Rules of Practice and Procedure Now Closed for Comments

January 27, 2017

Please be advised that the proposed amendments to the Rules of Practice and Procedure document are now closed for comments. The period to comment was from January 4, 2017 and January 27, 2017.

It is anticipated that the final Rules of Practice and Procedure will be posted on our website by February 15, 2017.

ARB Affidavit of Service Form Now Available

January 19, 2017

A new Affidavit of Service form is now available. For more information about affidavits, please see our information sheet. View the Affidavit of Service form.

Proposed Amendments to the ARB Rules of Practice and Procedure Now Open for Comments

January 4, 2017

The ARB has proposed amendments to the Rules of Practice and Procedure.  These amendments will prepare the ARB for the new four-year assessment cycle (2017-2020) and ensure that the ARB maintains a fair, modern and efficient adjudicative tribunal system.

Current proposed amendments to the Rules of Practice and Procedure include, but are not limited to:

  • schedule of events – parties expected to comply with a standardized schedule of events
  • changes to rules on adjournments
  • changes to rules on disclosure
  • amendment to documents
  • amendment to rules on Motions
  • Request for Review process
  • electronic hearing formats
  • mediation
  • new practices — settlement conference and appeals management

For further information, please visit our FAQs. (PDF)

To view the Notice to Profession that was issued to stakeholders, click here. (PDF)

The public is welcome to review the proposed changes and email the feedback to feedback.elto@ontario.ca. Feedback received between January 4, 2017 and January 27, 2017 will be considered.

ARB Fees Increased, Effective January 1, 2017

January 1, 2017

Please be advised that the Assessment Review Board (ARB), a constituent tribunal of the Environment and Land Tribunal Ontario (ELTO) is changing its appeal fees.

Effective January 1, 2017, ARB appeal fees are as follows:

  • The residential assessment appeal fee is changing from $75 to $125 per roll number. A $10 discount still applies if E filed.
  • The non-residential assessment appeals fee is changing from $150 to $300 per roll number. A $10 discount still applies if E filed.

The ARB fee increase is a necessary requirement to fulfill ELTO’s commitment to maintaining a fair, modern and adjudicative tribunal system through improved technology and alternative service delivery methods. For more information on the fee increase, please visit our FAQs.

ARB filing fees have not changed for 10 years, while operating and administrative costs have increased significantly. The tribunal will continue to carry out their functions of processing appeals, scheduling hearings and issuing decisions in the most efficient way possible.

These fee changes are in line with the Ministry’s revenue and reinvestment strategy, which supports the province’s plan to move towards recovering operating costs through user fees. The fees are still structured so that ELTO’s adjudication services are reasonable and accessible.

Please make sure to review and update any of your own publications or documents that may reference ARB appeal fees.

If you have any questions, please contact us at (416) 212-6349 or toll free at 1-866-448-2248.

Discontinuation of Payments by American Express Credit Card

October 25, 2016

Effective January 16 2017, the Province of Ontario will no longer accept payments by AMERICAN EXPRESS CREDIT CARD. The Province continues to accept payments by VISA CREDIT CARD, MASTERCARD CREDIT CARD and INTERAC DEBIT CARD.