City Council consideration on February 6, 2012
|Removing Toronto from the Jurisdiction of the Ontario Municipal Board (OMB) and Asking the Province of Ontario to Abolish the OMB – Motion MM11.7 Referred by City Council on September 21 and 22, 2011
|City Council Decision
|City Council on February 6 and 7, 2012, adopted the following:
- City Council request the Minister of Municipal Affairs and Housing to amend the Planning Act, the Heritage Act and the City of Toronto Act to abolish the Ontario Municipal Board’s (OMB) jurisdiction over Zoning By-law Amendments, Official Plan Amendments, Site Plan, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act.
- City Council recommend to the Provincial Government that the Ontario Municipal Board be structured with a panel comprised of residents of Toronto which would have exclusive jurisdiction over appeals arising from Toronto.
- City Council send a copy of this resolution to the Minister of Municipal Affairs and Housing, all local members of Provincial Parliament and Greater Toronto Area (GTA) municipalities.
- City Council support the request of the City of Mississauga to the Minister of Municipal Affairs and Housing for public consultations on these requests, and advise the Minister of its support in writing and offer of assistance to liaise with local stakeholders including business owners, property owners, residents, and individuals and corporations working in land use development and planning.
- Should during the Ministry and City-lead public consultations, it be revealed that municipal jurisdictions wish to remain subject to OMB hearings, then Toronto City Council and other municipal jurisdictions by a majority vote, be granted the option of removal from the OMB’s purview.
- City Council establish a Councillor-Staff Working Group to develop the structure and an implementation plan for an independent Appeal Panel to hear appeals of Committee of Adjustment decisions on Minor Variance and Consent Applications and that the City Manager be directed to report to the Executive Committee on amendments to the public appointments policy which clearly establish credentials required for membership on a Committee of Adjustment appeals body, as well as the Committee of Adjustment.
- City Council request the Working Group to consider the staff and financial resources requirements for the establishment of the Panel; the fee structure for Committee of Adjustment and Appeal Panel applications; the structure and size of the Panel; qualifications and criteria for appointment of members to the Panel.
- City Council request the Working Group to report back in the first quarter of 2012 to the Planning and Growth Management Committee with a draft proposal for the establishment and implementation of the Panel and to seek public comment on the proposal.
- City Council direct the City Manager to report directly to City Council on the provincial requirements and process for appointment to and membership on the Ontario Municipal Board (OMB).