Here S What You Need to Know About the Board of Negotiation (BON) Process

Here’s what you need to know about the Board of Negotiation (BON) process

What happens after I send the BON my Notice of Negotiation form?

When the BON receives the form, an acknowledgement letter will be sent to you. After you receive the letter, you should contact the BON to discuss your availability for holding the meeting and to provide more information about your case. To help move the process along, it would be a good idea send the BON information on:

Your claim
Where and when you want the meeting
A summary of the issues
A map of where your property is located.

How long does it take for my meeting to get scheduled?

Meetings are scheduled depending on the availability of:

You and your representative (if applicable)

The authority and its representative (if applicable)
The BON Members
The BON’s resources.

Usually, a meeting can be scheduled within three months of the BON receiving your application, if all parties are available.

What happens after my meeting is scheduled?

After your meeting is scheduled you will receive a meeting notice in the mail. The notice tells you where and when the meeting will take place. It also provides due dates for materials to be sent to the BON. Materials are used to help you with your negotiation. These materials can include:

Property appraisals
Market evaluations
Business evaluations
Any other materials that can be used to prove a claim for compensation.

What happens at the negotiation meeting?

At the negotiation meeting, each party presents their case to the BON. If the parties have not reached a settlement by the end of the meeting, the Members may give a recommendation to the parties based on the value of the property and any damages or costs. This amount may help the claimant and authority come to an agreement and avoid a hearing at the Ontario Municipal Board. If the parties come to an agreement at the meeting, there is no recommendation made.

The BON negotiation meeting is held on what is known as a ‘without prejudice” basis. That means that if the parties are unable to reach a settlement, then a position or statement presented at the BON negotiation cannot be raised against that party in a subsequent proceeding or hearing at the OMB.

Who can come to a negotiation meeting?

Only the land owner and the authority (or their representatives) can take part in a BON meeting. A party may bring someone to support their case, such as a property appraiser.

Can I have a representative?

You do not need a lawyer to have a negotiation meeting. A representative is someone who can act for you at a BON meeting. Anyone who represents you needs written permission. The BON needs proof of this permission before the negotiation meeting. If your representative is a lawyer or paralegal or a representative authorized by the Law Society Act to represent a person in a proceeding, written permission may not be needed.

What happens after my BON meeting?

If a settlement is reached, sometimes the authority needs to get approval of the settlement from municipal council or management before it is official.

If a settlement is not reached, a second negotiation meeting may be scheduled with the BON or either party may have the option to file an appeal with the Ontario Municipal Board (OMB).

Please Note

The information contained in this information sheet is not intended as a substitute for legal or other advice, and in providing this information, the Board of Negotiation (BON) assumes no responsibility for any errors or omissions in this information sheet, and shall not be liable for any reliance placed on the information in this information sheet. Additional information is available at www.elto.gov.on.ca, or by calling (416) 212-6349 or toll free 1-866-448-2248.

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