Q: How does the Member(s) arrive at a decision?
A: Decisions are based on the evidence presented at the hearing, the relevant law, provincial polices and the principles of good planning.
Q: When are decisions issued?
A: The presiding Member issues a decision as soon as possible after the hearing ends. But the actual date of issue depends on the length of the hearing and the complexity of the issues involved. In 80 per cent of the Board’s cases, the decision issues within 45 days of the hearing.
The Board’s objective is to provide a timely, fair and impartial adjudicative process. While timeliness is important, the quality of the hearing process and the quality of the decision are paramount. Adequate time must be taken to ensure that the Board renders a fair and well-considered decision.
Q: How can I get a copy of a decision?
A: Decisions are posted on the Board’s website two business days after they are issued on the E-Decisions section of the site.
Q: Can I speak to or correspond with the sitting Board Members?
A: During the hearing, you may speak to the presiding Members on any matter. However, it is inappropriate to contact them outside of the hearing room to avoid any possibility of bias or impression of preferential treatment. Should a matter require immediate attention, please contact the Board’s Public Inquiry Department for assistance.
Q: How are OMB Decisions enforced?
A: When issuing decisions, the OMB expects that parties will respect and comply with the decision. If an individual or group feels a decision is not being adhered to, they can request a certified copy of the decision and file it with the courts where it can be enforced as a certified court order.
Q: Can I appeal an OMB decision?
A: You can appeal an OMB Decision if you think that the OMB decision made an error in law. You can, within 15 days of the decision, ask Divisional Court if you can appeal. Some decisions of the Board are not subject to review or appeal. It is best to contact the Board if you are unsure if it is permitted. For more information, read “Here’s what you need to know if you disagree with an OMB decision (PDF) ” information sheet.