HomeMy WebLinkAboutPSI - 2016-10-03 - Notice of Motion - Ontario Municipal Board (OMB) Jurisdiction
Date:September 22, 2016
To:Mayor B. Vrbanovic and Members of Council
From:C. Goodeve, Manager Council Committee Services / Deputy Clerk
cc:J. Willmer, D. Chapman, M. May, C. Fletcher, J. Readman, A. Pinard, L.
MacDonald
Subject:
Council Approvals – OMB Jurisdiction
This is to advise that City Council, at its regular meeting held on February 22, 2016, passed the
following resolution:
be referred to the October 3, Planning and
“That consideration of the following
Strategic Initiatives Committee meeting
, to allow time for a summit to be held on the
jurisdiction of the Ontario Municipal Board with the findings being presented at the 2016
Association of Municipalities of Ontario (AMO) conference, and for City staff to provide
input on the subject motion:
WHEREAS the City of Kitchener spends an incredible amount of resources and
taxpayer money developing an Official Plan; and,
WHEREAS the City’s Official Plan is ultimately approved by the Province; and,
WHEREAS it is within the legislative purview of Municipal Council to approve
Official Plan amendments or Zoning By-law changes that better the community or
fit within the vision of the City of Kitchener’s Official Plan; and,
WHEREAS it is also within the legislative purview of Municipal Council to deny
Official Plan amendments or Zoning By-law changes that do not better the
community or do not fit within the vision of the City of Kitchener’s Official Plan;
and,
WHEREAS planning decisions may be appealed to the Ontario Municipal Board
(“OMB”), an unelected, appointed body that is not accountable to the residents of
Kitchener; and,
WHEREAS appeals of OMB decisions are limited to questions of law, not the
findings of facts in a case; and,
WHEREAS the majority of decisions, save planning decisions, made by
Municipal Council are similarly only subject to appeal by judicial review and such
appeals are limited to questions of law;
THEREFORE BE IT RESOLVED that the Government of Ontario, be requested
to limit the jurisdiction of the OMB to questions of law or process; and,
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BE IT FURTHER RESOLVED that the Government of Ontario be requested to
require the OMB to uphold any planning decisions of Municipal Councils unless
they are contrary to the processes and rules set out in legislation; and,
BE IT FURTHER RESOLVED that a copy of this Motion be circulated to the
Honourable Kathleen Wynne, Premier of Ontario, the Honourable Ted
McMeekin, Minister of Municipal Affairs and Housing, the Honourable Patrick
Brown, Leader of the Progressive Conservative Party, the Honourable Andrea
Horwath, Leader of the New Democratic Party, and local area MPPs; and,
BE IT FURTHER RESOLVED that a copy of this Motion be sent to the
Association of Municipalities of Ontario (AMO) and local area municipalities for
their consideration.
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