Ontario's oldest tribunal, the Ontario Municipal Board (the "OMB"), is facing significant reform. As announced by the province this week, the legislation to be introduced later this month with considerably change the way the land use planning appeals are dealt with.

Here are some of the major, proposed changes to the system that you might see coming into effect:

  1. Look out for a name change

The province plans to replace the century-old "OMB" name with the "Local Planning Appeal Tribunal";

  1. The overhaul will create a true appeals body

Under the new legislation, the majority of appeals at the tribunal must be focused on whether the city failed to follow its own rules or adhere to provincial policies. Further, any significant new information raised during an appeal will have to be sent back to the municipality for reconsideration.

  1. The tribunal will be mandated to give greater weight to the decisions of local communities

The new legislation will eliminate "de novo" hearings, thus affording municipalities more power to plan their own futures. "The decisions of municipal councils once approved, regarding the implementation of provincial policies and plans, should be recognized and given the appropriate weight they deserve," senior planning staff wrote in a report to council.

  1. Citizens will have assistance in making planning appeals

The province plans to create the Local Planning Appeal Support Centre, a new agency that will provide free legal advice, support, and representation to individuals who want to participate in the appeal process.

  1. A less time-consuming and costly process

Under the new legislation, mandatory case conferences are required for complex hearings in an effort to encourage early settlements. This move will not only create a less adversarial system, but will also help reduce the amount of time and money spent on appeals.

  1. Many land use planning decisions will now be exempt from appeal

Decisions that would likely be exempt include new Official Plans, major Official Plan updates, and detailed plans to support growth in major transit areas.

Given its potential impacts, many different groups will be awaiting the introduction of the legislation this month.

The province hopes to effect the proposed changes in 2018.

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