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.

  • 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.
  • 3(1) COMPOSITION OF TRIBUNAL

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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

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