What You Need to Know About the New Toronto Local Appeal Body
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Toronto Local Appeal Body
The Toronto Local Appeal Body (TLAB) is an independent administrative tribunal set up in Toronto to replace the Ontario Municipal Board (OMB) for Toronto-based appeals.
The TLAB was established on March 29, 2017 with the passing of Chapter 142 of the Toronto Municipal Code, and became effective May 3, 2017. The TLAB adjudicates land-use disputes related to appeals of minor variance and consent applications, under Sections 45 and 53 of the Planning Act. For example, the TLAB adjudicates disputes over applications to build a patio or an addition onto a home.
Unique Features of TLAB
- Toronto is the first municipality in Ontario to establish a local appeal body.
- All documents/evidence must be filed in electronic format via email, USB, CD or DVD. While this may be challenging for people who are not used to using this type of technology, it will be more environmentally friendly and will allow for easier sharing of documents between parties.
- The panel is made up of seven locally appointed members. These members are nominated by an impartial citizen-member nominating panel and then appointed by City Council. Each member is appointed for a four year term. Having local people deciding these local planning matters will assist the panel to make informed and fair decisions.
- Decisions are made available on the TLAB’s website. They can be searched by date or by street name. This allows for easy access to decisions.
- Business meetings will be open to the public, with agendas and meeting minutes made available on the TLAB’s website. This will provide transparency in the day-to-day operations and may provide the opportunity for members of the public to help shape policies and procedures.
The Appeal Process
An appeal can be initiated by submitting a Notice of Appeal (form 1) to the Committee of Adjustment, along with payment for fees. The current fee is $300 per appeal. This is the same as the current fee to appeal to the OMB. For more information on the appeal process and for access to the appropriate forms, go to Toronto.ca.
All hearings are adjudicated by a one member panel. They can take place in oral, written or electronic format. Most hearings will take place orally. While the hearings are less formal than a court proceeding, there is still some formality to the process.
The TLAB became effective on May 3, 2017. Appeals filed before May 3, 2017 fall within the OMB jurisdiction, while appeals filed on or after May 3rd will be heard by TLAB. The OMB will also have jurisdiction over appeals in which there is a related Planning Application Appeal to the OMB and appeals regarding certain disputes, such as those related to re-zoning.