The Wood Bull Guides

Part III: General Jurisdiction and Powers (s.11 to 14)

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  • 11(1) EXCLUSIVE JURISDICTION

    11(1) The Tribunal has exclusive jurisdiction in all cases and in respect of all matters in which jurisdiction is conferred on it by this Act or by any other general or special Act.

    Legislative History

    This subsection is similar to section 36 of the repealed Ontario Municipal Board Act.

  • 11(2) POWER TO DETERMINE LAW AND FACT

    11(2) The Tribunal has authority to hear and determine all questions of law or of fact with respect to all matters within its jurisdiction, unless limited by this Act or any other general or special Act.

    Legislative History

    This subsection is similar to section 35 of the repealed Ontario Municipal Board Act.

  • 12(1) POWER TO MAKE ORDERS

    12(1) The Tribunal has authority to make orders or give directions as may be necessary or incidental to the exercise of the powers conferred upon the Tribunal under this Act or any other general or special Act.

    Legislative History

    This subsection is similar to part of clause 37(a) of the repealed Ontario Municipal Board Act.  Section 37 included more detailed provisions relating to the general jurisdiction and powers of the Board.

    CaseLaw
  • 12(2) CONDITIONS IN ORDERS

    12(2) The Tribunal may include in an order conditions that it considers fair in the circumstances, including a condition that the order comes into force at a future fixed time or upon the performance of terms imposed by the Tribunal.

    Legislative History

    Subsection 87(1) of the repealed Ontario Municipal Board Act provided for the making of contingent orders.

  • 12(3) INTERIM ORDERS WITHOUT NOTICE

    12(3) The Tribunal may make an interim order without notice, if it is of the opinion that it is necessary to do so, but no such order shall be made for any longer time than the Tribunal may consider necessary to enable the matter to be heard and determined.

    Legislative History

    Subsection 87(2) and section 89 of the repealed Ontario Municipal Board Act provided for the making of interim orders and the making of interim orders without notice.

  • 12(4) PARTIAL OR OTHER RELIEF THAN THAT APPLIED FOR

    12(4) Unless any general or special Act specifies otherwise in respect of a proceeding before the Tribunal, the Tribunal may, as it considers to be just and proper,

    (a)  make an order granting all or part of the application; or

    (b)  make an order granting relief that is additional to or different from the relief applied for.

    Legislative History

    This subsection is similar to section 88 of the repealed Ontario Municipal Board Act.

  • 12(5) EXTENSION OF TIME SPECIFIED IN ORDER

    12(5) When an order or decision of the Tribunal requires anything to be done within a specified time, the Tribunal may, upon notice and hearing, extend the specified time.

    Legislative History

    Subsections 12(5) and (6) are similar to section 90 of the repealed Ontario Municipal Board Act.

  • 12(6) SAME

    12(6) Despite subsection (5), the Tribunal may extend a specified time without notice if the Tribunal is of the opinion that it is necessary to do so.

    Legislative History

    See Legislative History under subsection 12(5) above.

  • 13(1) POWER TO ENTER, INSPECT

    13(1) A member or employee of the Tribunal may, without warrant, enter into and inspect at any reasonable time any place, other than a dwelling, where the member or employee has reason to believe there may be evidence relevant to a proceeding before the Tribunal.

    Legislative History

    Clause 53(a) of the repealed Ontario Municipal Board Act addressed the power to enter and inspect any place, building or works, being the property or under the control of a company.

  • 13(2) IDENTIFICATION

    13(2) A person who exercises the power conferred under subsection (1) shall identify himself or herself to the owner or occupier of the place and shall explain the purpose of the entry and inspection.

  • 14(1) POWER TO SET, CHARGE FEES

    14(1) The Tribunal may, subject to the approval of the Attorney General, set and charge fees,  

    (a)  in respect of proceedings brought before the Tribunal;

    (b)  for furnishing copies of forms, notices or documents filed with or issued by the Tribunal or otherwise in the possession of the Tribunal; and

    (c)  for other services provided by the Tribunal.

    Legislative History

    Subsection 100(1) of the repealed Ontario Municipal Board Act  provided for the making of regulations relating to fees.

    Subsection 99(1) of the repealed Ontario Municipal Board Act provided for the charging and collection of fees for copies of documents, maps or plans, and all certificates relating to them.

  • 14(2) SAME

    14(2) The Tribunal may treat different kinds of proceedings differently in setting fees.

  • 14(3) MAKE FEES PUBLIC

    14(3) The Tribunal shall ensure that its fee structure is available to the public.

  • 14(4) WHERE FEES MAY BE WAIVED

    14(4) The Tribunal may waive all or any portion of fees for individuals who are determined, in accordance with the rules, to be low-income individuals.

    Legislative History

    Subsection 100(2) of the repealed Ontario Municipal Board Act gave the Board the discretion to wave or remit fees in appropriate circumstances.

 


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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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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