City studies establishment of appeal panel for Committee of Adjustment decisions

On June 5, 2008, the Planning and Growth Committee recommended the establishment of a Councillor-Staff Working Group to develop the structure for an Appeal Panel to hear appeals of Committee of Adjustment (C0A) decisions on minor variance and consent applications.  The working group is directed to report back to the Planning and Growth Committee by October 2008.

This decision could result in eliminating the OMB as an appeal body for CoA decisions.  The new appeal body would be appointed by City Council and would operate within guidelines and rules set by Council.

Text of the motion is set out below.

MOTION PGM 16.11

Background

The new City of Toronto Act ushered in expanded powers and responsibilities for municipal government in Toronto.  One of the significant new powers which were given to the City is the ability to establish our own Appeal Panel for Minor Variance and Consent applications heard by the Committee of Adjustment.

Section 115 of the Act gives the City the ability to establish its own Appeal Panel and appoint members of the Panel according to its own criteria.  The only restrictions the Act imposes are that members of the Appeal Panel may not be Members of Council, Committee of Adjustment members, or City staff.

Recommendations:

1. A Councillor-Staff Working Group is struck to develop the structure for an Appeal Panel to hear appeals of Committee of Adjustment decisions on Minor Variance and Consent Applications.

2. The Working Group should consider;
- the staff and financial resource requirements for the establishment of such an Appeal Panel
- the fee structure for Appeals
- the structure and size of the Appeal Panel
- qualifications and criteria for appointment of members to the new Appeal Panel

3. The Councillor-Staff Working Group should report to the Planning & Growth Committee by October 2008.  The Executive Committee and Budget Committee should be kept apprised of the work of the Working Group so as to be able to plan for the new Appeal Panel's implementation.

The City of Toronto, residents and generations of municipal politicians have lamented the fact that the Ontario Municipal Board has jurisdiction over appeals of local Planning matters.  The Government of the Province of Ontario has offered the City the ability to take over responsibility for a fair, rule-of-law based Appeal Panel for hearing appeals of decisions of the Committee of Adjustment.

It is important that the City of Toronto grasp this opportunity to demonstrate its ability to more fully take control of the Planning process at the municipal level.  A successful implementation of this measure would strengthen the City's calls for wresting more control over the Planning process away from the Ontario Municipal Board. 

The new City of Toronto Act ushered in expanded powers and responsibilities for municipal government in Toronto.  One of the significant new powers which were given to the City is the ability to establish our own Appeal Panel for Minor Variance and Consent applications heard by the Committee of Adjustment.

Section 115 of the Act gives the City the ability to establish its own Appeal Panel and appoint members of the Panel according to its own criteria.  The only restrictions the Act imposes are that members of the Appeal Panel may not be Members of Council, Committee of Adjustment members, or City staff.