The Wood Bull Guides

Part II: Constitution of the Tribunal (s.2 to 10)

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  • 2(1) ONTARIO MUNICIPAL BOARD CONTINUED AS THE TRIBUNAL

    2(1) The Ontario Municipal Board is continued under the name Local Planning Appeal Tribunal in English and Tribunal d’appel de l’aménagement local in French.

    Legislative History

    Bill 139 enacted the LPAT Act which established the Tribunal and continued the Ontario Municipal Board under the Tribunal's name.

  • 2(2) REFERENCES TO ONTARIO MUNICIPAL BOARD

    2(2) A reference to the Ontario Municipal Board or to that board under any other name in any general or special Act or in any regulation is deemed to be a reference to the Tribunal.

    Legislative History

    See Legislative History under subsection 2(1) above.

  • 3(1) COMPOSITION OF TRIBUNAL

    3(1) The Tribunal shall be composed of members appointed by the Lieutenant Governor in Council.

    Legislative History

    Subsections 3(1) and (2) are similar to subsections 5(1) and (2) of the repealed Ontario Municipal Board Act.

  • 3(2) CHAIR, VICE CHAIR

    3(2) The Lieutenant Governor in Council shall appoint a chair and may appoint one or more vice-chairs from among the members of the Tribunal.

    Legislative History

    See Legislative History under subsections 3(1) above.

  • 3(3) ALTERNATE CHAIR

    3(3) The Lieutenant Governor in Council shall designate one of the members of the Tribunal to be the alternate chair.

    Legislative History

    There was no corresponding provision in the repealed Ontario Municipal Board Act.

  • 3(4) SAME

    3(4) If the chair is unable to act, the alternate chair shall perform the duties of the chair and, for this purpose, has all the powers of the chair.

    Legislative History

    Under the repealed Ontario Municipal Board Act (s.9) where the chair was absent or unable to act, a vice-chair was designated by the chair or by the Attorney General to exercise the jurisdiction and powers of the chair.

  • 3(5) DUTIES OF CHAIR

    3(5) The chair shall have general supervision and direction over the conduct of the affairs of the Tribunal and shall arrange the sittings of the Tribunal and assign members of the Tribunal to the sittings as necessary.

    Legislative History

    Section 14 of the repealed Ontario Municipal Board Act addressed the assignment of members of the Board to sittings.

  • 4 QUORUM

    4 One member of the Tribunal constitutes a quorum and is sufficient for the exercise of all of the jurisdiction and powers of the Tribunal.

    Legislative History

    This section is similar to subsection 13(1) of the repealed Ontario Municipal Board Act.

  • 5 MORE THAN TWO MEMBERS PRESIDING

    5 If more than two members of the Tribunal preside over a hearing, the number of members shall be uneven.

    Legislative History

    Subsection 13(2) of the repealed Ontario Municipal Board Act addressed the attendance of more than two members of the Board at a hearing.

  • 6(1) TERM OF OFFICE

    6(1) A member of the Tribunal shall be appointed for the term specified by the Lieutenant Governor in Council.

    Legislative History

    There was no corresponding provision in the repealed Ontario Municipal Board Act.

  • 6(2) TERM EXPIRES

    6(2) If the term of office of a member of the Tribunal who has participated in a proceeding expires before the proceeding is disposed of, the term shall be deemed to continue, but only for the purpose of disposing of the proceeding, and for no other purpose.

    Legislative History

    Subsection 6(2) is similar to section 12 of the repealed Ontario Municipal Board Act.

  • 7 EMPLOYEES

    7 The Tribunal may appoint such employees as it considers necessary for the conduct of its affairs and the employees shall be appointed under Part III of the Public Service of Ontario Act, 2006.

  • 8 PROTECTION FROM BEING CALLED AS WITNESS

    8 A member or employee of the Tribunal shall not be required to give testimony in a civil suit or any proceeding with regard to information obtained by the member or employee in the discharge of their duties.

    Legislative History

    This section is similar to section 32 of the repealed Ontario Municipal Board Act.

  • 9(1) PROTECTION FROM PERSONAL LIABILITY

    9(1) No action or other proceeding may be instituted against the Tribunal or a member or employee of the Tribunal for any act done or omitted in good faith in the performance or intended performance of any duty under any general or special Act or in the exercise or intended exercise of any power under any general or special Act.

    Legislative History

    Section 33 of the repealed Ontario Municipal Board Act provided that no member of the Board or its secretary or its staff was personally liable for anything done by it or him or her under the authority of that Act or any other Act.

  • 9(2) CROWN LIABILITY

    9(2) Despite subsections 5 (2) to (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which the Crown would otherwise be subject.

  • 10 USE OF MEETING FACILITY

    10 If the Tribunal holds a sitting in a municipality in which there is an appropriate meeting facility belonging to the municipality, the municipality shall, upon request, allow the sitting to be held in the facility and shall make all necessary arrangements for the sitting.

    Legislative History

    This section is similar to section 26 of the repealed Ontario Municipal Board Act.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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