Ontario Municipal Board Hearings.

The Urban Environment and Development Committee recommends;

(1)the adoption of the report (August 25, 1998) from the City Solicitor; and

(2)that the City Solicitor be requested to include in the 1999 Operating Budget for the LegalDivision sufficient funds to retain any expert witnesses required for Ontario Municipal Board hearings.

The Urban Environment and Development Committee reports, for the information of Council, having requested the City Solicitor, in consultation with the Chief Financial Officer and Treasurer, to submit a report directly to Council, for consideration with this matter on October 1, 1998:

(a)providing a breakdown of the funding which was allocated by each of the former Area Municipalities for retention of any expert witnesses required for Ontario Municipal Board hearings; and

(b)specifying whether funding for this purpose was requested in the Legal Division's 1998 Operating Budget and what funding, if any, was approved.

The Urban Environment and Development Committee submits the following report (August25, 1998) from the City Solicitor:

Purpose:

To review the practices of the former municipalities and to standardize the City Solicitor's instructions to attend at Ontario Municipal Board hearings in support of Council's position with respect to planning applications.

Funding Sources, Financial Implications and Impact Statement:

If Council adopts positions which are not supported by the Executive Director and Chief Planner of City Planning, the retention of external consultants to provide evidence at the Ontario Municipal Board may be required. The Legal Department's budget does not include funds for external consultants and the necessary funds would therefore have to be made available from the Corporate Contingency Account.

Recommendations:

It is recommended that:

(1)the City Solicitor be given standing instructions to attend all Ontario Municipal Board hearings in support of Council's decisions on planning matters such as Official Plan Amendments, Zoning By-laws, plans of subdivision and condominium and site plan unless otherwise instructed by Council;

(2)the City Solicitor attend at Ontario Municipal Board hearings with respect to appeals from Committee of Adjustment decisions and severance decisions only pursuant to Council's direction to attend;

(3)where Council's position is not supported by the Executive Director and Chief Planner of City Planning, Council expressly direct the City Solicitor to retain external consultants as may be required, on a case-by-case basis, with the monies to be made available from the Corporate Contingency Account; and

(4)this report be forwarded to the Community Councils for their information.

Comments and/or Discussion and/or Justification:

In the former municipalities of Toronto, North York, Scarborough and York, the City Solicitor had standing instructions to attend at the Ontario Municipal Board in support of decisions made by Council on planning matters such as Official Plan Amendments, Zoning By-laws, plans of subdivision and condominium and site plan approval. In the former municipalities of Etobicoke and East York where external legal services were used, the Solicitor would attend in support of Council's position with respect to planning applications when directed by Council. It would be appropriate to standardize the practice throughout the City and establish the City Solicitor's standing instructions to appear at the Ontario Municipal Board in support of Council's decisions in these matters.

It has also been the practice of the former local municipalities that Council would instruct the City Solicitor to attend the Ontario Municipal Board on appeals from Committee of Adjustment decisions on a case-by-case basis. It would be appropriate to confirm that Council instructions must be given to the City Solicitor to appear at the Ontario Municipal Board with respect to appeals of Committee of Adjustments decisions.

There are times when Council's position on a planning application is not supported by City staff. In such cases, the Solicitor would have no evidence to present to the Board in support of Council's position. There is a concern that in a planning matter of some magnitude, the Board may not look favourably on the City's lack of evidence and there is a possibility that costs may be awarded against the City. It is also acknowledged that there may be some cases of a more minor nature where a lack of planning evidence may not be fatal to the City's case.

Traditionally, the local municipalities have provided funding in their legal department budgets to retain external consultants to provide evidence at Ontario Municipal Board hearings in situations where City staff were unable to support Council's position. The amalgamated Legal Division's budget does not have sufficient funds to cover such expenses if it is, at the same time, to achieve the Council mandated expenditure targets for this year. Should Council wish to retain external consultants in such circumstances, it is recommended that Council specifically instruct the City Solicitor, on a case by case basis, to retain such external consultants as required with funding to be made available from the Corporate Contingency Account.

Conclusion:

It is appropriate to standardize, clarify and confirm the City Solicitor's instructions with respect to Ontario Municipal Board hearings and the retention of outside consultants as set out in this report.

Contact Name:

Ms. Anna Kinastowski, Director, Planning and Administrative Tribunal Law, 392-0080. Fax:392-0024.

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Councillor John Adams, Midtown, appeared before the Urban Environment and Development Committee in connection with the foregoing matter.