How To File An Appeal FAQ’s
Q: How do I file an appeal with the Ontario Municipal Board?
A: The decision that you disagree with usually tells you how to appeal. In some cases, you must have participated in the public meetings about your issue for the Ontario Municipal Board to consider the appeal.
The OMB hears appeals under a variety of legislation. The legislation that applies to your issue describes who may appeal and how. Usually any person, public body, or incorporated group can appeal to the OMB either a decision or a failure to make a decision. An unincorporated neighbourhood association must appeal under the name of one of its members.
Appeals should be filed with the approval authority that made the decision that is being contested. In some cases, appeals are filed directly with the OMB. Time limits for filing appeals are set out in legislation. The OMB cannot extend the time limit or accept late appeals. Written reasons for the appeal should also be provided.
Q: What is the difference between a party and a participant?
A: A party is a person, public body or corporation that is directly involved in a matter and has been named a party by the Board. In some cases, legislation provides criteria the Board must consider when dealing with a request for party status. For example, in some Planning Act appeals, parties could be a municipality, an approval authority, an applicant and/or a person appealing an application.
There are certain requirements that must be met for party status to be granted. If you are unsure whether you are a party to a matter please contact the Board.
A participant is a person, group or corporation that may choose to attend only part of the proceedings but makes a statement to the Board on all or some of the issues in the hearing. One does not need to have given oral or written submissions at council or with the committee of adjustment to be added as a participant.
Q: What is the filing fee for an appeal? Are all appeal fees the same?
A: The Notice of Decision usually tells you how to appeal and the amount of the appeal fee, usually $300. The Clerk of the Municipality, the Secretary Treasurer of the Committee or the Board’s Public Inquiry Department can verify the amount. Please see the OMB’s fee schedule for more fee information.
Q: How is an appeal processed once the Ontario Municipal Board receives it?
A: First the Board makes sure the matter falls within its jurisdiction. Then the appeal is sent on to one or more processes – mediation, motion, pre-hearing, and/or hearing. The outcome of one or more of these hearing types should resolve the appeal. Once a matter before the OMB is finalized, a Decision and Order is issued.
Q: How do I get notified of a hearing? How much notice will I receive?
A: Notice of a hearing is only given to specific people. An individual would need to have requested a copy of either Council’s or the Committee of Adjustments decision. One may also write into the Board to be placed on a list that will be notified of a hearing event. Once a hearing date has been scheduled, the Board will either directly serve or instruct that notice be served by the Clerk of a municipality or the applicant/appellant in some specific cases. Notice ranges from a minimum of 10 days for Motions, to 35 days for most hearings and sometimes 60 days in some planning matters. The notice requirement may be shortened (abridged) in special circumstances.