Tribunals

Ontario Municipal Board

The Ontario Municipal Board (OMB) is an independent adjudicative tribunal that hears appeals and applications and resolves land use disputes under a variety of legislation. The Ontario government appoints members to the OMB. Members include people from different areas of the province with diverse backgrounds such as lawyers, former elected officials, engineers, surveyors, planners and public administrators.

MNR sends documents and information about the hearings or appeals to the OMB. Because formal OMB hearings can be time-consuming and expensive, the OMB may try to settle disputes or reduce the number of issues at a hearing by bringing parties and participants together through pre-hearings or mediation meetings.

When licence applications are referred to the OMB, the Board may:

• Hold a hearing and direct the Minister of Natural Resources to issue the licence, subject to the Prescribed Conditions and any additional conditions specified; or
• Hold a hearing and direct the Minister to refuse to issue the licence.

The Minister of Natural Resources may refuse to impose an additional condition specified by the Board if he or she is of the opinion that it is not consistent with the purposes of the Aggregate Resources Act.

The OMB has the power to refuse to consider objections if they were not made in good faith, are frivolous or vexatious, or are made only for the purpose of delay. If the Board determines that all of the referred objections are of this nature, they are not required to hold a hearing.

In situations where licence applications are referred to the OMB under both the Aggregate Resources Act and the Planning Act, the Board may hold a hearing for both matters at the same time.

For more information on the Ontario Municipal Board and hearings, visit the OMB website.

Joint Board

Under the Consolidated Hearings Act, the Environmental Assessment Board holds public hearings in conjunction with the Ontario Municipal Board. This occurs when a proposal requires more than one tribunal hearing under more than one of the acts set out in the schedule to the Consolidated Hearings Act. The hearings registrar must receive written notice from the person proposing the undertaking, specifying the nature of the undertaking, required hearings and governing acts. The matter is then referred to the chairs of the two boards, who establish a joint board for the hearing. The board's decision can be varied or rescinded only by the Lieutenant Governor in Council or, on a question of law, may be appealed to the Divisional Court.

Mining and Lands Commissioner

The Mining and Lands Commissioner (MLC) is the appeal body for aggregate permits. The MLC is appointed by the Lieutenant Governor in Council under the Ministry of Natural Resources Act, to hear any matter, application or appeal.

The Commissioner may do whatever is necessary and permitted by law to enable him or her to effectively and completely adjudicate or report on the matter before him or her. After the hearing is finished, the Commissioner makes a recommendation to the Minister of Natural Resources who, after considering the recommendation of the Commissioner, makes the final decision.