Ontario Municipal Board
The Ontario Municipal Board 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 Ontario Municipal Board. Members include people from different areas of the province with diverse backgrounds, such as lawyers, former elected officials, engineers, surveyors, planners and public administrators.
The Ministry of Natural Resources sends documents and information about the hearings or appeals to the Ontario Municipal Board. Because formal Ontario Municipal Board hearings can be time-consuming and expensive, the board 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 Ontario Municipal Board, 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 Ontario Municipal Board 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 Ontario Municipal Board under both the Aggregate Resources Act and the Planning Act, the board may hold a hearing on both matters at the same time.
For more information on the Ontario Municipal Board and hearings, visit the Ontario Municipal Board website.
Joint Board
A Joint Board is established under the authority of the Consolidated Hearings Act to combine different matters arising under one or more specified statutes where separate hearings would otherwise be required. For example, a Joint Board would be established when hearings are required under both the Aggregate Resources Act and the Niagara Escarpment Planning and Development Act. Hearings can only be combined if they deal with matters relating to the same undertaking. The members of a Joint Board are appointed from the Environmental Review Tribunal and the Ontario Municipal Board. The Joint Board will direct the Minister of Natural Resources to issue the licence subject to any additional conditions specified, or to refuse to issue the licence.
For more information on Joint Board hearings, visit the Environment and Land Tribunals Ontario website.
Mining and Lands Commissioner
The Mining and Lands Commissioner is the appeal body for aggregate permits. The Mining and Lands Commissioner 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.
For more information, visit the Mining and Lands Commissioner website.
