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. For more information about the OMB, read “Your Guide to Ontario Municipal Board Hearings.”
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 Board’s Public Inquiry Department can verify the amount.
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: If the appeal period ended on a weekend or holiday, what does the municipality/approval authority do?
A: If the appeal period ends on a weekend or holiday, the public would have until the next business day to submit their appeal.
Dispute resolution process clarification (Bill 73)
Q: When should the approval authority forward the appeal to the OMB?
A: If council or the Minister ordered the use of dispute resolution (for example, mediation, conciliation, etc.) in an attempt to resolve an appeal, the appeal does not need to be forwarded to the OMB within the customary 15-day period. Instead, the appeal must be forwarded to the OMB within 75-days if the matter has not been resolved.
Q: Should approval authorities notify the OMB if council or the Minister orders the use of dispute resolution?
A: No, the OMB does not need to be notified.
Q: Should approval authorities notify the OMB Secretary if the appeal was resolved and/or withdrawn as a result of the dispute resolution process?
A: No, the OMB Secretary does not need to be notified. However, the Clerk of the municipality should be notified that the matter has been resolved.