A party in a case includes an individual or corporation set out in the legislation to be parties to a matter. For example, in the case of a zoning by-law passed by a municipality and appealed to the Board, the parties would be the municipality, the applicant for the rezoning, and any persons who filed an appeal to the Board against the zoning by-law.
There are different provisions that an individual must meet in order to be granted party status. For each section of the Planning Act that allows an individual to appeal, there are set conditions that they must meet. An example is that to be added as a party, one must have made oral submissions at a public meeting or written submissions to the council or committee of adjustment prior to a plan being adopted.
Where appropriate, the Board may add parties to a case upon request. Parties participate fully in the hearing by such activities as exchanging documents, providing testimony, presenting evidence, cross-examining witnesses and making submissions to the Board. Parties may request costs, adjournments or a review of the decision.
Steps to requesting party status:
- Contact the Ontario Municipal Board Planner/Assistant Planner who is overseeing the file. Submit your request in writing to the Board and provide a copy of your request to the other parties.
- Be in attendance on the first day of hearings, at the start time, to request party status. If you are not in attendance you may lose your privilege to become a party to the matter.
- At the beginning of the hearing, when the Board Member asks if anyone wishes to become a party to the matter, you would stand up and ask that you be added as a party.
- Provide the Board Member with your name, including the correct spelling of your name, and your street address to be placed on record.
- State why you wish to be added as a party to this matter. After explaining your position, the Member will ask if any of the other parties object to you being added as a party.
- The other parties will be able to either say yes or no in regards to adding you as a party.
- The Board Member has final say when determining if you will be added as a party or if you will be refused party status.
If you have any further questions, please contact the Citizen Liaison Office.