Changes to appeals through new act

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This article was published 18/06/2021 (1786 days ago), so information in it may no longer be current.

Legislation about appealing to the Manitoba Municipal Board has changed.

The province passed Bill 37, The Planning Amendment and City of Winnipeg Charter Amendment Act, after its third reading on May 20. Under the new legislation, landowners and developers can appeal local council or planning board decisions on development proposals, and missed timelines on the municipality’s side, to the Manitoba Municipal Board.

The board makes decisions about cases under numerous acts, including the Municipal Board Act, the Municipal Assessment Act and The Planning Act. Its members are Manitoban lawyers, engineers, planners, and former elected officials and chief administrative officers. They’re appointed by the province, but they’re independent — elected officials don’t give them direction.

Bill 37 requires the board to hold a hearing within 120 days of receiving an appeal application. They have 60 days after to prepare a report and decision.

Headingley mayor John Mauseth said there has been little consultation with municipal councils on Bill 37 — it’s been pushed through during a pandemic, he said.

“The residents of Headingley are who elect us, and we act based on what our constituents want, not based on what a developer wants,” Mauseth said. “If (the board) overturns decisions municipal councils have made, who — I believe we make our decisions in the best interest of our constituents who elect us — it’s effectively taking away the autonomy of local councils.”

He said the Manitoba Municipal Board may not know residents’ perspectives and municipalities’ histories.

Headingley’s council has vocally opposed Bill 37, and its view hasn’t changed, Mauseth said.

“We’re on the bus, and we’re along for the ride whether we like where it’s going or not,” he said.

Brad Erb, the reeve of Macdonald, said he hopes Manitoba Municipal Board members have the skills needed to make the right decisions. He also expressed concern about a backlog in appeals. But, there are silver linings, he said.

“(The change) has the potential to actually expedite the process, because a council can’t sit on the decision for a great length of time — they have to make a decision,” Erb said. “The devil’s in the details, so we’re looking forward to the regulations as they come out.”

The province is “increasing the resources” provided to the Manitoba Municipal Board by 42 per cent, according to a bulletin from the province to elected officials.

“Additional staffing and resources will advance the Municipal Board’s capacity to review and provide timely hearings and administer better services to Manitobans,” said Municipal Relations Minister Derek Johnson in an email.

Manitoba Municipal Board planning hearings are open to the public.