Ontario Municipal Board Act
Loi sur la Commission des affaires municipales de l’Ontario
REGULATION 889
Amended to O. Reg. 30/02
RULES OF PROCEDURE
Note: This Regulation was revoked on January 29, 2002. See: O.Reg. 30/02, s. 3.
This Regulation is made in English only.
1.The Rules for the Ontario Municipal Board in relation to the practice and procedure of the Board are those set out in the Schedule. R.R.O. 1990, Reg. 889, s. 1.
Schedule
RULES OF PROCEDURE
TABLE OF CONTENTS
GENERAL MATTERS
RULE 1 / CITATION, APPLICATION, DEFINITIONS, INTERPRETATION AND FORMS
1.01
1.02
1.03
1.04
1.05 / Citation
Application of Part 1
Definitions
Interpretation
Forms
RULE 2 / NON-COMPLIANCE WITH THE RULES
2.01
2.02 / Effect of Non-compliance
Board May Dispense with Compliance
RULE 3 / TECHNICAL OBJECTIONS
3.01 / Technical Objections
RULE 4 / TIME
4.01
4.02
4.03 / Computation
Extension or Abridgement
Applications and Motions in the Absence of Opposite Party
RULE 5 / BOARD DOCUMENTS
5.01 / Copies of Board Documents
RULE 6 / NOTICES
6.01
6.02
6.03 / Notice to be in Writing
Notice to be Given By Party
Affidavit Proving Notice
RULE 7 / CONSOLIDATION OR HEARING TOGETHER
7.01
7.02 / Where Order May Be Made
Discretion of Presiding Members
RULE 8 / COMMENCEMENT OF APPLICATIONS
8.01
8.02
8.03
8.04 / Method of Application
Use of Submission Forms
Submission Forms Available from Secretary
Effect of Failure to File Submission Form or Pay Fee
RULE 9 / AMENDMENT OF DOCUMENTS
9.01
9.02 / No Amendment Without Board Direction
Motion for Board Direction
RULE 10 / DISCOVERY
10.01
10.02
10.03 / Applicability of Rules of Civil Procedure
Board Order for Discovery
Content of Affidavit
RULE 11 / MOTIONS
11.01
11.02
11.03
11.04
11.05
11.06
11.07
11.08 / Notice of Motion
Hearing Date
Content of Notice of Motion
Service of Notice of Motion
Notice of Responding Party
Content of Notice of Responding Party
Service of Notice of Responding Party
Oral Representations at Hearing of Motion
RULE 12 / CONDUCT OF HEARINGS
12.01
12.02
12.03
12.04
12.05 / Hearing to be Public
Motion for Directions
Procedure at a Hearing
Media Coverage of Hearings
Pre-hearing Conference
RULE 13 / COMPELLING ATTENDANCE OF WITNESSES
13.01
13.02
13.03
13.04 / By Summons to Witness
Summons Available in Blank
Service and Attendance Money
Lack of Seal
RULE 14 / LANGUAGE OF HEARINGS
14.01
14.02 / Use of English and French
Where French is Used
RULE 15 / ORDERS
15.01
15.02 / Preparation and Entry of Order
Effective Date
RULE 16 / PROCEDURE UNDER SECTION 43 OF THE ONTARIO MUNICIPAL BOARD ACT
16.01
16.02
16.03 / Commencement of Application
Requirement of Affidavit
Where Board Satisfied Application Should Proceed
PART II
ASSESSMENT APPEALS
RULE 17 / APPLICATION
17.01 / Application of Part II
RULE 18 / NOTICE OF HIGHER ASSESSMENT
18.01
18.02
18.03
18.04 / Special Notice
Content of Special Notice
Service of Special Notice
Failure to Comply
PART III
EXPROPRIATIONS
RULE 19 / APPLICATION AND DEFINITIONS
19.01
19.02 / Application of Part III
Definitions
RULE 20 / NOTICE OF ARBITRATION BY CLAIMANT AND REPLY
20.01
20.02 / Service of Notice of Arbitration by Claimant
Service of Reply
RULE 21 / NOTICE OF ARBITRATION BY RESPONDENT, STATEMENT OF CLAIM AND REPLY
21.01
21.02
21.03 / Service of Notice of Arbitration by Respondent
Service of Statement of Claim
Service of Reply
RULE 22 / DENIAL OF ENTITLEMENT TO COMPENSATION
22.01
22.02 / Denial to be Raised in Reply
Effect of Failure to Make Timely Denial
RULE 23 / OFFER OF COMPENSATION AND ACCEPTANCE
23.01 / Forms
RULE 24 / SERVICE OF DOCUMENTS
24.01 / Required as General Rule
RULE 25 / PLEADINGS
25.01 / Required Pleadings
RULE 26 / EXAMINATION
26.01 / Examination of Representative by Opposing Party
RULE 27 / DISCOVERY AND ADMISSIONS
27.01 / Applicability of Rules of Civil Procedure
RULE 28 / PRE-HEARING PROCEDURE
28.01
28.02
28.03
28.04
28.05 / Notice of Readiness
Time For Hearing
Notice of Appointment
Service of Notice
Filing of Documents
RULE 29 / EXPROPRIATION ORDER
29.01 / Expropriation Order Form
PART IV
RETAIL BUSINESS HOLIDAYS APPEALS
RULE 30 / APPLICATION
RULE 31 / FORWARDING OF RECORD TO BOARD
APPENDIX OF FORMS
Schedule
RULES OF PROCEDURE
PART I
GENERAL MATTERS
RULE 1CITATION, APPLICATION, DEFINITIONS, INTERPRETATION AND FORMS
Citation
1.01These rules may be cited as the Rules of the Ontario Municipal Board.
Application of Part I
1.02This Part applies to all proceedings before the Ontario Municipal Board.
Definitions
1.03In these Rules, unless the context requires otherwise,
“applicant” means a person who makes an application and includes a person requesting a matter be referred to the Board for determination;
“application” means a proceeding whereby the Board is requested to determine or report upon any matter but does not include a motion;
“document” includes a sound recording, videotape, film, photograph, chart, graph, map, plan survey, model, book of account and information recorded or stored by means of any device;
“hearing” includes a hearing of a motion, a prehearing conference and an informal hearing;
“holiday” means,
(a)any Saturday or Sunday,
(b)New Year’s Day,
(c)Good Friday,
(d)Easter Monday,
(e)Victoria Day,
(f)Canada Day,
(g)Civic Holiday,
(h)Labour Day,
(i)Thanksgiving Day,
(j)Remembrance Day,
(k)Christmas Day,
(l)Boxing Day, and
(m)any special holiday proclaimed by the Governor General or the Lieutenant Governor,
and where New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday;
“motion” means a request for relief made in a proceeding or in an antenaea proceeding;
“moving party” means a person who makes a motion;
“party” includes a person who is given status by the Board to be a party;
“person” does not include an unincorporated association of persons except as provided in subsection 1 (2) of the Statutory Powers Procedure Act;
“proceeding” means an application;
“responding party” means a person who is served with a notice of motion;
“submission form” means a form, other than a form prescribed in the Appendix of Forms to these Rules, provided by the Board.
Interpretation
General Principle
1.04(1)These Rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every matter before the Board.
Matters Not Provided for in these Rules
(2)Where any matter of procedure is not provided for by these Rules, the Rules of Civil Procedure may be followed where the Board determines they are appropriate.
Forms
1.05(1)Unless specifically required by these Rules, the forms prescribed in the Appendix of Forms to these Rules are optional and may be used, as applicable, with such variations as the circumstances require.
Submission Forms
(2)Submission forms shall be used where required by these Rules.
Where No Form Prescribed or Required
(3)Where a form, other than a submission form, is not prescribed by these Rules, the forms prescribed by the Rules of Civil Procedure may be used, with such variations as the circumstances require.
RULE 2 NON-COMPLIANCE WITH THE RULES
Effect of Non-compliance
2.01A failure to comply with these Rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the Board may grant all necessary amendments or other relief, including the setting aside of a proceeding or a step, document or order in the proceeding, on such terms as the Board may determine.
Board May Dispense with Compliance
2.02The Board may, in order to secure a just determination of any matter, dispense with compliance with any Rule at any time.
RULE 3 TECHNICAL OBJECTIONS
Technical Objections
3.01No proceeding before the Board shall be defeated or affected solely by any technical objection or by any objection based upon defects in form.
RULE 4 TIME
Computation
4.01(1)In the computation of time under these Rules or in an order, except where a contrary intention appears,
(a)where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used;
(b)where a period of less than seven days is prescribed, holidays shall not be counted;
(c)where the time for doing an act under these Rules expires on a holiday, the act may be done on the next day that is not a holiday; and
(d)service of a document, other than an application, made after 4.00p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday.
(2)Where a time of day is mentioned in these Rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.
Extension or Abridgement
General Powers of Board
4.02(1)The Board may extend or abridge any time prescribed by these Rules, on such terms as the Board may determine.
Notice to Extend Time
(2)A motion for an order extending time may be made before or after the expiration of the time prescribed.
Consent in Writing
(3)A time prescribed by these Rules for serving a document may be extended or abridged by the consent in writing of those to be served.
Applications and Motions in the Absence of Opposite Party
In Absence of Opposite Party
4.03No hearing, for which notice has been given, shall proceed before the Board in the absence of an opposite party until at least thirty minutes after the time fixed for its commencement.
RULE 5 BOARD DOCUMENTS
Copies of Board Documents
5.01(1)A person may examine any document filed with the Board and, upon payment of the Board’s fee, take copies of such document unless an Act, an order of the court or an order of the Board provides otherwise.
(2)The Board may order that any document filed with an application or at a hearing be treated as confidential, be sealed and not form part of the public record.
RULE 6 NOTICES
Notice to be in Writing
6.01Where these Rules or an order of the Board requires notice be given, it shall be given in writing.
Notice to be Given By Party
6.02The Board may direct a party to give notice of a hearing to any person or class of persons who may have an interest in the matter and may direct the manner of giving such notice.
Affidavit Proving Notice
6.03Where the Board has directed that an affidavit proving the giving of notice be filed at the commencement of the hearing, Form 1 may be used.
RULE 7 CONSOLIDATION OR HEARING TOGETHER
Where Order May Be Made
7.01Where the Board considers that two or more matters are related to each other by common facts, issues, questions of law or for any other reason, the Board may,
(a)order the matters be consolidated, heard at the same time or heard one immediately after the other; or
(b)stay or adjourn any matter until the determination of any other matter.
Discretion of Presiding Members
7.02Where the Board has made an order that proceedings be heard either at the same time or one immediately after the other, the Board panel at the hearing, nevertheless, has discretion to order otherwise.
RULE 8 COMMENCEMENT OF APPLICATIONS
Method of Application
8.01Unless otherwise provided in these Rules or in an Act, an application may be commenced by a letter and shall,
(a)be addressed to the secretary of the Board;
(b)identify the applicant by name, telephone number and address including the postal code; and
(c)contain a statement of the nature of the application.
Use of Submission Forms
8.02(1)An application by a municipality for an order authorizing the issue of debentures or the raising of money beyond the current term of council shall be accompanied by a completed submission form.
(2)Where an application is made to the Board under the Planning Act, a submission form related to the particular application shall be completed and filed with the Board.
(3)Where any other application is made to the Board for which the Board has prepared submission forms related to the particular application, a submission form related thereto shall be completed and filed with the Board.
Submission Forms Available from Secretary
8.03On request, the secretary shall provide a copy of the relevant submission form without charge.
Effect of Failure to File Submission Form or Pay Fee
8.04Unless otherwise directed by the Board, no matter shall be set down for a hearing unless the required submission form has been filed and the appropriate fee has been paid.
RULE 9 AMENDMENT OF DOCUMENTS
No Amendment Without Board Direction
9.01Unless otherwise ordered by the Board or unless the parties consent, no document filed with the Board may be amended.
Motion for Board Direction
9.02Before making an order under Rule 9.01, the Board may require the person requesting the amendment to bring the matter before it on a motion with notice to all parties.
RULE 10 DISCOVERY
Applicability of Rules of Civil Procedure
10.01Rules 30, 31, 32, 34, 35 and 39.03 of the Rules of Civil Procedure shall be applied to Board proceedings if an order under Rule 10.02 is first obtained.
Board Order for Discovery
10.02The Board on motion, may order,
(a)the discovery of documents;
(b)the examination for discovery of any party;
(c)an examination for discovery by written questions;
(d)the inspection of property; and
(e)the examination of a witness before the commencement of a hearing under Rule 39.03 of the Rules of Civil Procedure.
Content of Affidavit
10.03The affidavit in support of a motion under Rule 10.02 shall disclose the efforts made to secure the information sought by discovery and the reasons why such information is necessary in advance of the hearing.
RULE 11 MOTIONS
Notice of Motion
11.01Except for a motion made at a hearing, a motion shall be initiated by a notice of motion.
Hearing Date
11.02Except for a motion made at a hearing, the moving party shall obtain a hearing date for the motion from the Board before a notice of motion is served.
Content of Notice of Motion
11.03(1)A notice of motion shall,
(a)identify the moving party;
(b)set out the time and place for the hearing of the motion;
(c)state the precise relief sought;
(d)specify the grounds to be argued, including a reference to any statutory provision or rule, if any, to be relied on;
(e)be accompanied by an affidavit of a person having,
(i)knowledge, or
(ii)information and belief;
(f)list the documents to be used at the hearing of the motion;
(g)state whether the moving party will seek leave of the Board to adduce oral evidence at the hearing of the motion and identify the nature of the evidence;
(h)identify the names and addresses of all parties, other than the moving party, and of any other person to whom the Board has directed notice be given; and
(i)identify by name, address and telephone number the moving party’s solicitor or the moving party.
(2)A notice of motion may be in Form 2.
Service of Notice of Motion
Minimum Notice Period
11.04(1)Unless otherwise directed by the Board, the notice of motion shall be served at least ten days before the date upon which the motion is to be heard.
Required as General Rule
(2)Where a motion is made on notice, a notice of motion shall be served upon all parties, any person to whom the Board has directed notice be given and the secretary of the Board.
Proof of Service
(3)Where a motion is made on notice, proof of service of the notice of motion shall be filed with the Board.
Notice of Responding Party
11.05A responding party who intends to rely upon,
(a)grounds other than those to be relied upon by the moving party;
(b)an affidavit;
(c)documents other than those to be used by the moving party; or
(d)oral evidence to be adduced at the hearing of the motion with leave of the Board, shall serve a notice.
Content of Notice of Responding Party
11.06(1)The notice referred to in Rule 11.05 shall,
(a)identify the responding party;
(b)specify the grounds, other than those to be relied upon by the moving party, in support of or in opposition to the motion, including a reference to any statutory provision or rule to be relied on;
(c)be accompanied by an affidavit of a person having,
(i)knowledge, or
(ii)information and belief,
if such affidavit is to be used at the hearing of the motion;
(d)list any additional documents to be used at the hearing of the motion;
(e)state whether the responding party will seek leave of the Board to adduce oral evidence at the hearing of the motion and identify the nature of the evidence; and
(f)identify by name, address and telephone number the responding party’s solicitor or the responding party.
(2)The notice referred to in Rule 11.05 may be in Form 3.
Service of Notice of Responding Party
Minimum Notice Period
11.07(1)Unless otherwise directed by the Board, the notice referred to in Rule 11.05 shall be served at least two days before the date upon which the motion is to be heard.
Required as General Rule
(2)A notice referred to in Rule 11.05 shall be served upon the moving party, all other parties, any person to whom the Board has directed notice of motion be given and to the secretary of the Board.
Proof of Service
(3)Proof of service of the notice referred to in Rule 11.05 shall be filed with the Board prior to or on return of the motion.
Oral Representations at Hearing of Motion
11.08A moving party and a responding party may make oral representations at the hearing of the motion.
RULE 12 CONDUCT OF HEARINGS
Hearings to be Public
12.01All Board hearings shall be open to the public except where the Board determines that a matter should be heard in the absence of the public.
Motion for Directions
12.02The Board, on motion, may in advance of the commencement of a hearing give directions respecting the conduct of the pending hearing.
Procedure at a Hearing
12.03Subject to these Rules and any Act, the procedure at a hearing shall be determined by the presiding member of the Board.
Media Coverage of Hearings
12.04(1)No person shall take or attempt to take a photograph, motion picture, video or audio recording or other record capable of producing an aural or visual reproduction by electronic or other means at a Board hearing unless authorized by the Board.
(2)Nothing in this Rule,
(a)prohibits a duly certified court reporter retained by the Board or a party from recording the hearing for the purpose of providing an accurate transcript;
(b)prohibits a person from unobtrusively making handwritten notes or sketches at a hearing; or
(c)prohibits a solicitor, a party, or a journalist from unobtrusively making an audio recording at a hearing, in a manner approved by the presiding member, for the sole purpose of supplementing or replacing that person’s handwritten notes.
(3)A request for authorization under subrule (1) may be made to the chair prior to the hearing or to the presiding member of the Board at the commencement of the hearing or, after a hearing has commenced, to the presiding member of the Board, as soon as practicable after knowledge of the hearing comes to the attention of the person wishing to make the electronic recording.
(4)The Board shall afford the parties and the participants an opportunity to make representations to the Board in respect of any request for authorization under subrule (1) or to vary any authorization granted previously by the Board.