Ontario Municipal Board Act, R.S.O. 1990, c. O.28

• Jurisdiction: Ontario

Ontario Municipal Board Act

R.S.O. 1990, Chapter O.28

Historical version for the period January 1, 2018 to April 2, 2018.

Note: This Act is repealed on April 3, 2018, the day named by proclamation of the Lieutenant Governor. (See: 2017, c. 23, Sched. 1, s. 45)

Last amendment: 2017, c. 34, Sched. 46, s. 43.

CONTENTS

PART I
INTERPRETATION

Definitions

1 (1) In this Act,

“Board” means the Ontario Municipal Board; (“Commission”)

“local board” means a school board, public utility commission, transportation commission, public library board, board of park management, local board of health, board of commissioners of police, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality or of two or more municipalities or parts thereof; (“conseil local”)

“municipality” includes a local board of a municipality and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganized township or unsurveyed territory; (“municipalité”)

“public utility” means a waterworks, gasworks, including works for the production, transmission, distribution and supply of natural gas, electric heat, light and power works, and telegraph lines, or any works supplying the general public with necessaries or conveniences. (“service public”) R.S.O. 1990, c. O.28, s. 1 (1); 2002, c. 17, Sched. F, Table.

Interpretation

(2) The interpretation sections of The Railways Act, being chapter 331 of the Revised Statutes of Ontario, 1950, apply to this Act. R.S.O. 1990, c. O.28, s. 1 (2).

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 01/01/2003

Application of Act to all railways

2 The provisions of this Act relating to railways apply to all railways, whether operated by steam, electricity or other motive power, including street railways. R.S.O. 1990, c. O.28, s. 2.

References to former board

3 Where in any general or special Act reference is made to the Ontario Railway and Municipal Board or to that board under any other name, it shall be deemed that such reference is made to the Board as named in this Act. R.S.O. 1990, c. O.28, s. 3.

PART II
CONSTITUTION OF BOARD

Municipal Board continued

4 The Ontario Municipal Board is continued under the name Ontario Municipal Board in English and Commission des affaires municipales de l’Ontario in French under the provisions of this Act. R.S.O. 1990, c. O.28, s. 4.

Composition of Board

5 (1) The Board shall be composed of as many members as the Lieutenant Governor in Council may from time to time determine. R.S.O. 1990, c. O.28, s. 5 (1).

Appointments

(2) The Lieutenant Governor in Council shall appoint the members of the Board and shall appoint one member as chair and may appoint one vice-chair or more. R.S.O. 1990, c. O.28, s. 5 (2).

Salary

(3) A member of the Board shall be paid such salary as may be fixed by the Lieutenant Governor in Council. R.S.O. 1990, c. O.28, s. 5 (3).

How payable

(4) The salaries and travelling expenses of members of the Board are payable out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. O.28, s. 5 (4).

(5) Repealed: 2006, c. 35, Sched. C, s. 103 (1).

Pension

(6) The Public Service Pension Act applies and shall be deemed always to have applied to members of the Board. R.S.O. 1990, c. O.28, s. 5 (6).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 103 (1) - 20/08/2007

6 Repealed: 2009, c. 33, Sched. 2, s. 54 (1).

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 01/01/2003

2006, c. 32, Sched. C, s. 43 (1) - 01/01/2007

2009, c. 33, Sched. 2, s. 54 (1) - 15/12/2009

Vacancies

7 Vacancies in membership of the Board caused by death, resignation or otherwise may be filled by the Lieutenant Governor in Council. R.S.O. 1990, c. O.28, s. 7.

8 Repealed: 2006, c. 34, s. 38.

Section Amendments with date in force (d/m/y)

2006, c. 34, s. 38 - 20/12/2006

Absence, etc., of chair

9 Where,

(a) the chair is absent or unable to act, a vice-chair designated by the chair; or

(b) the office of chair is vacant, a vice-chair designated by the Attorney General,

has and shall exercise the jurisdiction and powers of the chair, including the power to complete any unfinished matter. R.S.O. 1990, c. O.28, s. 9.

Presumption of having duly acted

10 Whenever it appears that a vice-chair has acted for and instead of the chair, it shall conclusively be presumed that he or she has so acted in the absence or disability of or vacancy in the office of the chair. R.S.O. 1990, c. O.28, s. 10.

Powers of Board on vacancy

11 A vacancy in membership of the Board or the absence or inability of a member to act does not impair the powers of the Board or of the remaining members who shall exercise all the jurisdiction and powers of the Board. R.S.O. 1990, c. O.28, s. 11.

Term expires

12 If a member of the Board commences to hold a hearing and the term of office of the member expires before the proceeding is disposed of, the member shall remain a member of the Board for the purpose of completing the disposition of the proceeding in the same manner as if his or her term of office had not expired. 1994, c. 23, s. 70.

Section Amendments with date in force (d/m/y)

1994, c. 23, s. 70 - 28/03/1995

Quorum

13 (1) One member of the Board is a quorum and is sufficient for the exercise of all of the jurisdiction and powers of the Board. 1994, c. 23, s. 71.

Where more than two members attend hearing

(2) Where the number of members of the Board attending at the hearing of an application is more than two, the number shall be uneven, and the decision of the majority of such members constitutes the decision of the Board.

Signature of orders, etc.

(3) All orders, rules, regulations, certificates and other documents made or issued by the Board may be signed by any member of the Board or the secretary of the Board or any officer of the Board designated by the Lieutenant Governor in Council as a signing officer. R.S.O. 1990, c. O.28, s. 13 (2, 3).

Section Amendments with date in force (d/m/y)

1994, c. 23, s. 71 - 28/03/1995

Assignment of members and staff for sittings

14 The chair shall from time to time assign the members of the Board to its various sittings and may change any such assignments at any time and the chair may from time to time direct any officer or other member of the staff of the Board to attend any of the sittings of the Board and may prescribe his or her duties. R.S.O. 1990, c. O.28, s. 14.

15., 16 Repealed: 1994, c. 23, s. 72.

Section Amendments with date in force (d/m/y)

1994, c. 23, s. 72 - 28/03/1995

Attendance to duties

17 Unless otherwise authorized by statute or the rules of the Assembly or the Lieutenant Governor in Council, the members shall devote the whole of their time to the performance of their duties as members of the Board, and shall not accept or hold any office or employment inconsistent with such duties. R.S.O. 1990, c. O.28, s. 17.

18.-20 Repealed: 2009, c. 33, Sched. 2, s. 54 (2).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 54 (2) - 15/12/2009

Securing assistance for purpose of inquiry

21 For the purpose of any inquiry or examination conducted by it or in the performance of any of the other duties assigned to it by this or any other Act or by the Lieutenant Governor in Council, the Board may, with the consent of the Minister in charge of any ministry of the Government, avail itself of the services of any officer or employee of such ministry, and for any such purpose it may, with the approval of the Lieutenant Governor in Council, avail itself of the services of any member, officer or employee of any board or commission established by Act of the Legislature. R.S.O. 1990, c. O.28, s. 21.

Offices at Toronto

22 The Lieutenant Governor in Council shall provide within the City of Toronto a suitable place in which the sittings of the Board may be held and also suitable offices for the members, secretary, and other employees and all necessary furnishings, stationery and equipment for the establishment, conduct and maintenance of the same and for the performance of the duties of the Board. R.S.O. 1990, c. O.28, s. 22.

Sittings of Board

23 The Board shall sit at such times and places within Ontario as the chair may from time to time designate and shall conduct its proceedings in such manner as it may consider most convenient for the speedy and effectual dispatch of its duties. R.S.O. 1990, c. O.28, s. 23.

Private or public

24 The sittings of the Board may be either private or open to the public, but any complaint made to the Board shall, on the application of any party thereto, be publicly heard. R.S.O. 1990, c. O.28, s. 24.

Use of court house

25 Where sittings of the Board or any member thereof are appointed to be held in any municipality in which a court house is situate, the Board or members have in all respects the same authority and right as a judge of the Superior Court of Justice with respect to the use of the court house and any part thereof, and of other buildings and apartments set aside in the municipality for the administration of justice. R.S.O. 1990, c. O.28, s. 25; 2006, c. 19, Sched. C, s. 1 (1).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

Use of town hall

26 Where sittings of the Board or any member thereof are appointed to be held in any municipality in which there is a hall belonging to the corporation thereof, but no court house, the corporation shall, upon request, allow such sittings to be held in such hall and shall make all arrangements necessary and suitable for such purpose. R.S.O. 1990, c. O.28, s. 26.

Experts

27 (1) The Lieutenant...