What is the Board of Negotiation (BON)?
The Board of Negotiation (BON) deals with compensation for land expropriations. When an authority expropriates land, the property owner may disagree with the amount of money the authority offers. If that happens, the property owner or the authority can ask the BON to help negotiate a settlement of compensation. If no settlement is reached, the matter may be appealed to the Ontario Municipal Board (OMB). Coming to the BON is an informal process. It provides a fair and accessible forum to negotiate compensation claims. BON meetings are private and only include the parties involved.
What is expropriation?
If privately owned land is needed for public projects such as the building of roads, highways or schools, the land can be expropriated by an authority. The authority must offer the owner a fair amount of money for their land. If the owners do not agree with the amount offered, they may come to the Board to negotiate a settlement. For more information, please see our “Expropriation Process” information sheet here.
Can the BON stop my land from being expropriated?
The BON can only be involved after the land is expropriated. In Ontario, the Expropriations Act is the law that governs expropriation. An authority must follow a set process to take land from an owner including offering fair compensation. For more information, please see our “Expropriation Process” information sheet here.
What is the Ontario Municipal Board (OMB)?
The Ontario Municipal Board (OMB) is an independent tribunal that hears appeals and applications and resolves land use disputes under a variety of legislation. Some of the issues that the OMB deals with include: official plans, zoning by-laws, subdivision plans, consents to sever land, minor variances from local by-laws, development charges, and applications for aggregate licenses and compensation for expropriated land. For more information on the OMB, visit the OMB website or call (416) 326-6800 or toll free at 1-866-887-8820.
Who is involved in a BON meeting?
The expropriating authority and the owner are usually the only parties involved in a BON matter. In most cases, the expropriating authority is a municipality, regional authority or a ministry of the Ontario Government.
How do I apply to the Board?
To request a BON meeting, you need to send a completed Notice of Negotiation form to the Board by email, fax or mail. You also have to send a copy of the form to the other party when you are making your request. For more information, please see our “Applying to the BON” Information Sheet here.
When can I apply to the Board?
You can apply to the Board when your land is expropriated. The authority must be in possession of the land for you to apply. For more information, please see our “Applying to the BON” Information Sheet here.
Do I need a representative?
You do not need a representative to participate in a BON meeting. However, if you choose to use a representative, you must give him or her written permission to represent you. Please send a copy of the permission letter to the Board before any negotiation meeting. For more information, please see our “BON Process” Information Sheet here.
For information about legal representation, please visit the Upper Canada Law Society website.
What happens after I send in my request for a meeting?
You will receive an acknowledgement letter after the Board processes your request. The Board will contact you and ask when you are available. After that, you will receive written confirmation of your meeting date. For more information, please see our “BON Process” Information Sheet here.
How long does a negotiation meeting last?
Meetings usually begin at 10 a.m. and may last the full day. If the issues are complicated or there are multiple properties involved, the Board may hold meetings over several days.
Where will the meeting be held?
If the property is located in the City of Toronto area, the meeting will be held at the Board’s offices at:
655 Bay Street, Suite 1500
If the property is outside of the Greater Toronto area, the meeting may be held at a local municipal office or a lawyer’s office.
Are BON meetings open to the public?
Only parties to a matter can attend BON meetings. All written materials are confidential. Negotiation meetings are without prejudice, meaning that any efforts to settle are confidential. For more information, please see our “BON Meetings” Information Sheet here.
What materials do I need?
Case materials must be sent to the BON at least ten days before a negotiation meeting. Some examples of materials used at a meeting include:
- Property appraisals
- Market evaluations
- Business evaluations
- Any other materials that can prove a claim for compensation
How do I reschedule a meeting?
If you are a party to a BON matter, you may request that a negotiation meeting be delayed. This request should be made in writing. You should:
- Contact the other party and ask for their consent.
- Ask the other party for a new meeting date.
- Send your request to the Board.
- The Board will reschedule the meeting.
Does the Board make decisions?
If you come to the Board to negotiate a settlement, you will not receive an order or decision. In some cases, the Board Members may give you a recommendation on how much your claim is worth, but this is not binding on either party. Board recommendations are usually given orally at the end of the meeting. You may send a letter to the BON asking for a written copy of the recommendation.
Who negotiates my compensation?
Usually, two Board Members guide the negotiation meeting. Board Members are appointed by the government. For more information on the appointment process, please visit the Public Appointments Secretariat website.
What are the qualifications of Board members?
BON Members have different backgrounds. They have experience working with real estate, property appraisal, and business loss claims. Many of the Members also have brokerage experience. The Lieutenant Governor appoints Members to the BON. For more information on the appointment process, please visit the Public Appointments Secretariat website.