Report to/Rapport au:

Planning and Development Committee/

Comité de l’urbanisme et de l’aménagement

Agriculture and Rural Affairs Committee/

Comité chargé de l’agriculture et des questions rurales

and Council/et au Conseil

10 June 2001/le 10 juin 2001

Submitted by/Soumis par: Ned Lathrop, General Manager/Directeur général

Development Services Department/Services d’aménagement

Contact/Personne-ressource: John Moser, Director/Directeur

Planning and Infrastructure Approvals/

Approbation des demandes d’urbanisme et d’infrastructure

Ref N°: ACS2001-DEV-APR-0079

SUBJECT: Committee of Adjustment - Structure and Organization

OBJET: STRUCTURE ET ORGANISATION DU COMITÉ DE DÉROGATION

REPORT RECOMMENDATIONS

That Planning and Development Committee recommend that Council approve the following:

1. The existing Committees of Adjustment/Rural Alliance Severance Committee continue their service until September 30, 2001 with provisions for an interim budget covering that period.

2. A new 10-member Committee of Adjustment sitting in two panels of five members be created with a centralized Committee office to commence operation on October 1, 2001.

3. That the following honorariums be approved for the Committee Members:

Chair, $6,500.00 annually

Vice-Chair, $6,000.00 annually

Members (8), $5,500.00 annually

4. That the Committee of Adjustment be empowered to deal with consents (severances), minor variances and permissions, validation of title and power of sale made under the Planning Act.

5. That a Secretary-Treasurer and Deputy Secretary-Treasurer for the new Committee of Adjustment be appointed by the new Members before the end of this year (2001) and that in the interim the Development Services Department appoint an interim Secretary-Treasurer in order that the operational framework and office requirements can be developed to ensure a seamless transition on October 1, 2001.

6. A core administrative staff of six Full Time Equivalents (FTEs) be established for the Committee office. This administration staff will be part of the Development Services Department for support and budget purposes. The Committee of Adjustment will have a separate budget to support the Members, the Secretary-Treasurer and the Deputy Secretary-Treasurer.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme et de l’aménagement recommande que le Conseil approuve ce qui suit :

1. Le prolongement du mandat des comités de dérogation existants et du Comité de morcellement des terres de l’Alliance rurale jusqu’au 30 septembre 2001 et leur attribution d’un budget provisoire couvrant cette période.

2. La création d’un nouveau Comité de dérogation formé de dix membres siégeant en deux groupes de cinq membres, et dont le bureau centralisé débuterait ses activités le 1^er octobre 2001.

3. Le versement des honoraires suivants aux membres du Comité :

Président : 6 500 $ annuellement

Vice-président : 6 000 $ annuellement

Membres (8) : 5 500 $ annuellement

4. La possibilité pour le Comité de dérogation de traiter les cas d’autorisation (morcellement), de dérogations mineures et de permissions, de validation de titre et de pouvoir de vente effectués en vertu de la Loi sur l’aménagement du territoire.

5. La nomination par les nouveaux membres d’un secrétaire-trésorier et d’un secrétaire-trésorier adjoint pour le Comité de dérogation avant la fin de cette année (2001) et la nomination temporaire par les Services d’aménagement d’un secrétaire-trésorier par intérim pour que puissent être mises en activité la structure opérationnelle et les affaires courantes, et ainsi assurer une transition sans heurt le 1^er octobre 2001.

6. La formation d’une cellule administrative de six équivalents temps plein (ÉTP) pour le bureau du Comité. Ce personnel administratif sera intégré aux Services d’aménagement pour ce qui est du soutien et du budget. Le Comité de dérogation disposera d’un budget autonome pour les besoins des membres, du secrétaire-trésorier et du secrétaire-trésorier adjoint.

BACKGROUND

During the past year, a number of working groups were established to determine the best service delivery model for a new Committee of Adjustment in the City of Ottawa. The staff of the Ottawa Transition Board have put forth a number of recommendations/options for consideration by the new City of Ottawa staff in determining which option is best suited to perform the new Committee’s duties and functions as mandated in the Planning Act. Staff have completed this analysis and the purpose of this report is to recommend a course of action in order to establish a new Committee of Adjustment on or before October 1, 2001. Until such time as a new Committee is established, this severance/variance function is temporarily being provided by the old Committees of Adjustment from the former area municipalities and the Rural Alliance Severance Office. Funds have been allocated to ensure their operational capabilities until a new Committee is in place.

DISCUSSION

New Service Model

The Planning Act and its Regulations set out the procedural framework for processing applications made to the Committee of Adjustment including what time lines must be met. For instance, the Act requires minor variances on applications to be heard within 30 days of filing and consent applications can be appealed to the Ontario Municipal Board if no action is taken after 60 days of submission. With no control over the volume of applications received from the public at any one time, a central Committee of Adjustment office with a core number of staff should be established to ensure that the legislated deadlines can be met, that procedures are streamlined and common practices are established.

The Committee must provide an impartial, open and independent decision-making service for the new City of Ottawa and its citizens. The establishment of one Committee of Adjustment as a separate entity within the new City will ensure a center of expertise while achieving savings through elimination of duplication, streamlining and standardization of processes and use of new technology to enhance delivery of services and public information. Client service centers at the individual satellite offices would accept Committee of Adjustment applications which would be forwarded to the central office for final review and acceptance.

It is essential that the central office of the Committee be located close to the Development Services Department (DSD) since there is a tie-in with the same clients. Close access for Committee of Adjustment staff to planning professionals is also important to clarify zoning issues and provide advice on the merits of any given applications. It is important to ensure easy access to staff who deal with Official Plan Policies, Zoning By-laws and building permits.

COMMITTEE STRUCTURE/ORGANIZATIONAL FRAMEWORK

It is recommended that a 10 member Committee be established comprised of local residents which will sit in two panels of five members each (see Documents 1 and 2). These panels would be assigned as follows:

Inside the outer limits of the Greenbelt, including the urban portion of both the former municipalities of Kanata, Gloucester and Cumberland (Orleans); and

Outside the outer limits of the Greenbelt, including the urban portion of the former municipalities of Goulbourn (Stittsville), Nepean (Barrhaven), and Gloucester (Riverside South and Leitrim).

The new Committee will appoint one Chair (Panel 1) and one Vice-Chair (Panel 2). The Chair, Vice-Chair and the Secretary-Treasurer will be responsible for coordinating the two Committee panels. As part of its rules of procedures (see Document 3) the Committee will decide on the number of Public Hearings to be scheduled, the location of the hearings and the timing. While it is proposed that each panel will have administrative support, the staffing level should be flexible and ultimately determined by the number of applications being heard. The two panels (five members each) will sit independently but may cover-off one another to maintain the quorum requirements. The members should be selected based on certain standards/or criteria, which shall include, but not be limited to, the following:

- permanent resident within the City of Ottawa;

- knowledge of the general area and familiarity with basic land use planning and urban design principles, Official Plans, Zoning By-laws, etc.;

- experience with previous Committee of Adjustment work;

- expertise in specific technical fields, e.g. at least one or two members should be a full-time farmer, perhaps nominated by the local office of the Federation of Agriculture.

Advertising for and appointment of new Committee of Adjustment members by City Council is required as soon as possible. The recruitment and appointment of Committee members will be coordinated through the Secretariat Services Division following the Council-approved appointment policy. The recommended honorariums for the Committee members are as follows: the Chair would receive $6,500.00 annually, the Vice-Chair $6,000.00 annually, the eight other members would each receive $5,500.00 annually. This would amount to a total honorarium budget of $56,500.00 per year. The honorariums are similar to those now in place with the old City of Ottawa’s Committee of Adjustment and given the significant increase in workload across the entire new City of Ottawa, these recommended honorariums are justifiable.

As noted in Document 2, the Committee of Adjustment Office and its staff (Secretary-Treasurer and Deputy Secretary-Treasurer) will be an independent and autonomous body and will perform its duties at an “arms length” from the City administration. The new Committee will be responsible for preparing its own annual operating budget which shall include Members’ honorariums, mileage and parking expenses, Secretary-Treasurer and Deputy Secretary-Treasurer’s salary and benefits etc. The Development Services Department will be responsible for the administrative and general office support for the new Committee which includes office space requirements, salaries and benefits for six FTE administration support staff which will be assigned to the new Committee on a volume of activity-needed basis. There is no doubt that at least four administrative positions will be needed on a full-time basis (two per Panel) and additional resources will be provided as required. This allows flexibility within the Department for the management of staff administration resources as workload volumes for a variety of development control applications fluctuate from year to year. Therefore, it is the Department’s view that this reporting structure will expedite the support systems required to provide the necessary budget and staffing complement to ensure the Committee of Adjustment has the administrative staff assigned exclusively for the delivery of this service. Indeed, the recommended staffing complement will ensure that the anticipated volumes of applications in the new City will be processed in a timely fashion to meet the prescribed legislated deadlines.

The volume of applications currently processed by the various old area municipal Committees indicates that the new Committee office will be processing upwards of 1,000 applications annually (see Document 2). It is the Department’s opinion that eight FTEs will be adequate to maintain the existing level of service and to be able to conduct hearings in both Panel locations.

In regard to applications already in process as of October 1, 2001, the new Committee of Adjustment will continue to complete the processing of these active files as per the “home-rule” procedures now in place. However, the existing Committee of Adjustment and Rural Alliance Severance Office should make every effort to complete these active files before the new Committee assumes this responsibility on October 1, 2001.

APPOINTMENT OF AN INTERIM SECRETARY-TREASURER

In order to proceed with laying the groundwork for the new Committee office to ensure a smooth transition on October 1, 2001, and since the members of the new Committee of Adjustment may not be appointed for some time, it is recommended that an interim Secretary-Treasurer be appointed as soon as possible until such time as the new Committee Members appoint a permanent Secretary-Treasurer and Deputy Secretary-Treasurer before the end of 2001.

The Development Services Department will assign a staff member (as of October 1, 2001) to work with the new Committee Members on a full-time basis acting as an interim Secretary-Treasurer in order to assist the new Committee in establishing its operational framework, office requirements, and subsequent hiring of a full-time, permanent Secretary-Treasurer and Deputy Secretary-Treasurer. This person shall have no vested interest in seeking the position of permanent Secretary-Treasurer or Deputy Secretary-Treasurer during the recruitment process, but may assist the new Committee Members in the selection of qualified candidates to these permanent positions if the Members decide this assistance is necessary.

Statutory Requirements

For the new Committee of Adjustment structure to commence operation on October 1, 2001, City Council must, by by-law, constitute and appoint the new Committee of Adjustment for the new City of Ottawa. This should be done as quickly as possible since the new members must adopt their own Rules of Procedures By-law (see Document 3) which will establish to a great extent how the Committee office is to operate and will make key decisions concerning the location and timing of Committee Hearings. It is also standard practice that Council delegate consent approval to this Committee (save and except consent applications for lot-line adjustments which as noted previously, staff is recommending delegation to staff) in order to streamline the process for applicants, since consent applications are often tied to minor variance applications and can be dealt with by one approval authority ensuring an independent and consistent decision made by an impartial Committee of Adjustment.

DEVELOPMENT SERVICES DEPARTMENT’S STAFF COMMITMENT TO COMMITTEE

Given the fact that former Municipal Zoning By-laws will remain in place for quite some time and possible confusion over zoning interpretations and City planning policies may arise, a close working relationship will be required between the Development Services Department (DSD) and Committee of Adjustment. It is important that DSD staff provide the new Committee/staff with an orientation session early in their mandate and provide on-going advisory training sessions as deemed necessary as by-laws and policies are harmonized across the entire city. The DSD would also provide planning support to the new Committee as follows:

Assigning a staff member on or before October 1, 2001 to act as an Interim Secretary-Treasurer.

planners will review all applications and provide limited support/input to new Committee members and staff. The planner will coordinate all DSD comments to ensure that one response on behalf of the City is sent to the Committee.

a planner will act as a general resource person to Committee of Adjustment staff, Councillors, Community Associations and interested individuals.

pre-consultation with a planner and close interaction between Committee staff and planners is important. This practice heads off unsupportable applications, allows ‘fine tuning’ of applications and reduces the number of appeals.

a planner will provide written comments to the Committee only on applications where City staff is requiring conditions of approval or where City staff is not in support of the application. City staff will also provide an explanation for supporting applications that are particularly contentious. There may be occasions when various Community Associations would welcome staff support on site specific issues which are outside the domain of documented planning and zoning policies and regulations. Given the workload and limited resources of staff within DSD, assistance of this nature must be limited to only those matters where there is a significant planning policy issue at stake. There will be times when the community will have to take on issues themselves.

planner only attends Committee meetings if application is not being supported or to provide input on contentious applications.

review Committee decisions and initiate appeal process of decisions which may compromise planning policies. Any staff initiated appeals will require ratification by City Council.

a planner/City solicitor will attend Ontario Municipal Board (OMB) hearings to defend any City Council ratified appeals.

planner/City solicitor will not attend OMB hearings on appeals initiated by applicant or the public – unless subpoenaed.

the Development Services Department will review planning support after first year and revise as necessary.

There will be two planners assigned on a part-time, rotational basis to each panel of the Committee of Adjustment. These planners will carry on other duties within the Planning and Infrastructure Approvals Branch.

RURAL IMPLICATIONS

By establishing a panel of the Committee of Adjustment which holds meetings at the centrally located North Gower satellite office, residents in the rural area of the new City can be served in the same fashion as now provided by the Rural Alliance Severance Committee.

CONSULTATION

The preparation of this report involved input from a number of key stakeholders with considerable knowledge and experience in Committee of Adjustment/Land Division Committee operations within the local area. In addition, the Secretary/Treasurers of the existing Committees of Adjustment and Rural Alliance Severance Office were circulated a copy of this report and advised regarding the date this matter would be presented to Committee. A copy of this report was also circulated to the President of the Federation of Community Associations and the Director of the Ottawa-Carleton Home Builders Association (see Document 4).

FINANCIAL IMPLICATIONS

There will be honorariums for the 10 Committee members. The Chair would receive $6,500.00 annually, the Vice-Chair $6,000.00 annually and the eight members $5,500.00 each. This represents a total honorarium budget of $56,500.00 annually.

It is estimated that the new Committee of Adjustment will require an operating budget of approximately $522,000.00 to $535,000.00. This will be partially offset by revenues from processing applications of which the volumes vary from year to year. Also the revenues will be dependant on the new Tariff of Fees Schedule which the new committee will establish. Cost savings from the amalgamation of 12 Committees to one Committee are primarily from Committee members and staff-related reductions, i.e. proposed total complement of 18 (8 staff and 10 committee members) as compared to the present complement of 57 (10 staff and 47 committee members). The one new committee will process the same volume of applications that are now handled by the 12 separate Committees, including all costs associated with advertising and circulation requirements, office supplies, etc.

ATTACHMENTS

Document 1: Committee of Adjustment Organizational Chart

Document 2: Proposed Committee of Adjustment Panel Structure and Volume of Applications (2000, 1999 and 1998)

Document 3: Draft Rules of Procedure for Committee of Adjustment

Document 4: Summary of Responses to Public Consultation Process

DISPOSITION

1. The Secretariat Services Division will initiate the process for the recruitment and subsequent appointment of the new Committee of Adjustment members by City Council as soon as possible in order that this Committee be operational on October 1, 2001.

2. The Development Services Department proceed with appointing an “interim” Secretary-Treasurer for the new Committee of Adjustment in order to lay down the groundwork for the administrative steps and procedures that will ensure the seamless transition of this function on October 1, 2001.

Proposed Committee of Adjustment Panel Structure and Document 2

Volume of Applications (2000, 1999 and 1998)

Document 3

DRAFT RULES OF PROCEDURE FOR THE CITY OF OTTAWA’S

COMMITTEE OF ADJUSTMENT

The following are the Rules of Procedure of the Committee of Adjustment of the City of Ottawa as adopted by the Committee of Adjustment of the City of Ottawa on the day of , regulating the proceedings in the Committee.

DEFINITIONS AND INTERPRETATION

DEFINITIONS

1. In these rules,

“agenda” means,

a) with respect to a meeting, an itemized list of business before the Committee for its consideration and

b) with respect to a hearing, the probable order of applications to be heard

“closed meeting” means a meeting or part of a meeting that may be closed to the public and “in camera” has a similar meaning

“Committee” means the Committee of Adjustment which is composed of two panels of five persons each, appointed by the Council of the City of Ottawa

“hearing” means any hearing held by the Committee to consider applications filed pursuant to the Planning Act

“meeting” means any regular, special or other meeting of the Committee to deal with matters other than the consideration of applications filed pursuant to the Planning Act

“member” means a person appointed as a member of the Committee by Council

“minutes” means a written record of the business of any meeting or hearing held in accordance with the provisions of these rules

“Municipal Act” or “M.A.” means the Municipal Act, R.S.O. 1990, chapter M.45, as amended

“Municipal Conflict of Interest Act” or “M.C.I.A.” means the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50, as amended

“Municipal Freedom of Information and Protection of Privacy Act” or “M.F.O.I.P.P.A.” means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter M.56, as amended

“Planning Act” or “P.A.” means the Planning Act, R.S.O. 1990, Chapter P.13, as amended

“Quorum” means three members of the Committee of Panel thereof [P.A. Section 44(5)]

“Rules” means a rule of procedure adopted by the Committee as provided for herein

“R.S.O.” means the Revised Statutes of Ontario

“Statutory Powers Procedure Act” or “S.P.P.A.” means the Statutory Powers Procedure Act, R.S.O. 1990, Chapter S.22, as amended

INTERPRETATION

2. (1) The proceedings of the Committee and the conduct of members of the Committee shall be governed by the provisions contained herein.

(2) In addition to any rules of procedure herein, the rules of procedure as prescribed by the regulations made under the Planning Act shall be followed to govern the proceedings of the Committee and the conduct of the members of the Committee.

(3) When the Chair and Vice-Chair are absent through illness or otherwise, the Committee may appoint another member to act as Acting Chair. [P.A. Section 44(7)]

(4) The Committee shall not suspend any rule of procedure that is contained in this by-law as a result of a legislative provision that is mandated by provincial statute.

(5) No amendment or repeal of any part of these rules shall be considered at any meeting of the Committee unless forty-eight hours’ notice of the proposed amendment or repeal was given to all members of the Committee and the Committee may not waive such notice.

(6) In all cases of conflict between these rules and the Municipal Act, the Planning Act and the Statutory Powers Procedures Act, the provisions of the Municipal Act shall prevail with respect to meetings and the provisions of the Planning Act and the Statutory Powers Procedures Act shall prevail with respect to hearings.

DUTIES

DUTIES OF THE CHAIR

Meetings

3. (1) The Chair of the Committee shall have the following duties with respect to meetings of the Committee:

(a) to open the meeting by assuming the Chair and calling the members to order;

(b) to announce the business before the Committee in the order in which it is to be acted upon;

(d) to preserve order and decorum;

(e) to expel any person for improper conduct [M.A. Section 55(4)]

(f) to rule on any point of order or question of privilege raised; and

(g) to authenticate by signature all decisions and minutes of the Committee.

Hearings

(1) The Chair of the Committee shall have the following duties with respect to hearings of the Committee:

(a) to open the hearing by assuming the Chair and calling the members to order;

(b) to make general announcements as to the procedure of the Committee;

(d) to preserve order and decorum;

(e) to expel any person for improper conduct [S.P.P.A. Section 9(2)];

(f) to rule on any point of order or question of privilege raised; and

(g) to authenticate by signature all decisions and minutes of the Committee.

DUTIES OF THE VICE-CHAIR

4. The Vice-Chair of the Committee will act as the Chair of Panel 2 and, while so acting, has and may exercise all the powers of the Chair with respect to hearings and meetings of the Panel 2 Committee.

DUTIES OF A MEMBER OF THE COMMITTEE

5. A member of the Committee shall have the following duties with respect to hearings and meetings:

(a) to deliberate the business submitted to the Committee;

(b) to vote when a motion is put to a vote;

(d) to respect the rules of procedure;

(e) to declare any conflict pursuant to the Municipal Conflict of Interest Act, and

(f) to advise the Secretary-Treasurer if the member is unable to attend a meeting or hearing.

DUTIES OF THE SECRETARY-TREASURER

6. (1) The Secretary Treasurer shall have the following duties with respect to hearings and meetings:

(a) to record all resolutions, decisions and other proceedings of the Committee;

(b) to inform the members of the Committee, when requested, on the rules of procedure;

(d) to keep the minutes of the Committee;

(e) to preserve and file all financial accounts;

(f) to keep on file minutes and records of all applications and the decisions thereon and of all other official business of the Committee;

(g) to process all applications filed in accordance with the Planning Act;

(h) to send copies of the decisions of the Committee in accordance with the provisions of the Planning Act; and

(i) to process any appeals to the Ontario Municipal Board.

(2) The duties of the Secretary-Treasurer may be performed by a person or persons designated by the Secretary-Treasurer to act in the absence of the Secretary-Treasurer.

(3) The Secretary-Treasurer may forward all original minutes and applications of the Committee to the City Clerk of the Corporation for their safekeeping.

(4) The Secretary-Treasurer shall make recommendations to the City Clerk for the scheduling of retention period for the records forwarded by the Secretary-Treasurer for their safekeeping.

MEETINGS OF THE COMMITTEE

FIRST MEETING

7. The Committee shall meet as soon as possible after being appointed by Council to elect from amongst themselves a Chair and a Vice-Chair. [P.A. Section 44(7)]

TIME, DATE AND PLACE OF MEETINGS

8. (1) The Committee shall meet at such time and date at Ottawa City Hall (Panel 1) or at the North Gower satellite office (Panel 2) as requested by:

(a) the Chair as necessary to conduct its business; or

(b) the Secretary-Treasurer on a request from a member of the Committee.

(2) The Secretary-Treasurer shall give notice of the meeting to only those Panel members of the Committee who will be hearing the application.

(3) The meeting may be held immediately before or after the Committee hearings or at such other times as are mutually agreed to by the members of the Committee.

(4) The notice to members of the Committee referred to in subsection 8(2) shall be delivered:

(a) by giving it to individual members of the Committee personally;

(b) by speaking personally to individual members of the Committee on the telephone;

(i) the office of the member of the Committee; or

(ii) any other location designated, in writing, by the member of the Committee to be the place of delivery for such a notice; or

(d) by faxing a copy of it to:

(i) the office of the member of the Committee; or

(ii) any other location designated, in writing, by the member of the Committee to be the place of delivery for such a notice.

MEETINGS OPEN TO THE PUBLIC

9. Except as provided in Section 10, all meetings shall be open to the public.

[M.A. Section 55(3)]

MEETINGS CLOSED TO THE PUBLIC

10. (1) A meeting or part of a meeting may be closed to the public if the subject matter being considered is:

(a) the security of the property of the City;

(b) personal matters about an identifiable individual, including employees of the City;

(d) litigation or potential litigation, including matters before administrative tribunals, affecting the Committee or the City;

(e) the receiving of an advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(f) a matter in respect of which the Committee has authorized a meeting to be closed under another Act.

[M.A. Section 55(5)]

(2) Before holding a meeting or part of a meeting that is to be closed to the public, the Committee shall state by resolution,

(a) the fact of the holding of the closed meeting; and

(b) the general nature of the matter to be considered at the closed meeting.

[M.A. Section 55(7)]

AGENDA OF MEETING

11. (1) The Secretary-Treasurer shall prepare the agenda for any meeting of the Committee and such agenda shall contain the following headings as applicable:

(a) Declaration of conflict of interest;

(b) Old Business;

(d) Notices of Amendments or Repeal to Rules of Procedure; and

(e) Adjournment.

(2) A quorum, being three numbers, shall be present to commence the meeting.

(3) The Chair shall preside at every meeting.

(4) Where the Chair and Vice-Chair are absent, the Committee shall appoint a member of the Committee as the Acting Chair.

(5) The Secretary-Treasurer shall record in the minutes the members present.

MINUTES OF MEETINGS

13. (1) The minutes of meetings of the Committee shall record:

(a) the place, date and time of commencement and adjournment of each meeting of the Committee;

(b) the name of the Acting Chair where the Chair and Vice-Chair were absent from any meeting of the Committee;

(d) every declaration of interest and the general nature thereof made pursuant to Section 5 of the Municipal Conflict of Interest Act [M.C.I.A. Section 5]; and

(e) the confirmation of the minutes of previous meetings of the Committee.

(2) The Committee shall consider the minutes of meetings held previously and where the Committee is of the opinion that the minutes are correct, such minutes shall be deemed to have been read and shall be confirmed.

(3) The minutes that have been confirmed by the Committee shall bear the signature of the Chair and Secretary-Treasurer and where the Chair was absent at that meeting of the Committee, the minutes shall bear the signature of the Acting Chair, who presided at that meeting, and the Secretary-Treasurer.

HEARINGS OF THE COMMITTEE

REGULAR HEARINGS

14. (1) The Committee shall hold its hearings regularly at 2:30 p.m. on the first and third Thursday of each calendar month at Ottawa City Hall (Panel 1), at 7:00 p.m. on the second and fourth Thursday of each calendar month at the North Gower satellite office (Panel 2).

(2) A regular hearing of the Committee shall continue until the agenda is complete.

(3) Despite subsection 14(1), where it is confirmed by the Secretary-Treasurer, in writing, that there is no business for the next regular hearing of the Committee, the Chair may cancel such a hearing.

(4) Despite subsection 14(1), where the date of the hearing falls in a holiday period and the calendar month for which hearings are being scheduled has five weeks, the Committee may, when approving the schedule of hearing dates for the year, approve the holding of its hearings regularly at 2:30 p.m. on the second and fourth Tuesday for such calendar month at Ottawa City Hall.

HEARINGS OPEN TO THE PUBLIC

15. (1) The hearing of every application shall be held in public.

(2) The Committee shall hear the applicant and every other person who desires to be heard in favour of or against the application.

[P.A. Section 45(6)]

AGENDA OF HEARINGS

16. (1) The Secretary-Treasurer shall prepare an agenda which consists of the probable order of applications to be heard for any regular hearing day of the Committee and may be referred to as the “probable order of applications”.

(2) The Secretary-Treasurer shall prepare a Summary of the applications to be heard.

(3) The business of the Committee may be considered in the order established in the probable order of applications.

(4) The probable order of applications will be posted outside the meeting room on the day of the hearings.

PRE-HEARING REVIEW OF FILES

17. (1) The Committee members shall attend at the office of the Committee prior to the commencement of the hearing of the Committee to review the contents of the files, including the application, plans, surveys, photographs and all correspondence received, but not to make any decisions thereon.

(2) A member has the duty to advise the Secretary-Treasurer of his or her intention to declare any conflict of interest with respect to an application at the pre-hearing review.

COMMENCEMENT OF HEARING

18. (1) As soon after the hour for commencement of the hearing of the Committee as there appears to be a quorum present, the Chair shall assume the Chair and call the members to order.

(2) A quorum, being three members, shall be present to commence the hearing.

(3) The Chair shall preside at every hearing.

(4) Where the Chair and Vice-Chair are absent, the Committee shall appoint a member of the Committee as the Acting Chair.

(5) The Secretary-Treasurer shall record in the minutes the members present.

REQUEST FOR ADJOURNMENTS

19. (1) Requests for adjournments of an application may be made in person at the commencement of the hearing.

(2) Despite subsection 19(1), where the request for adjournment is concurred with in writing by all parties or is a request in writing to adjourn without setting a specific date or time for another hearing (sine die), the Committee may deal with the adjournment and it may result in the application being removed from the agenda.

DECISIONS OF THE COMMITTEE

20. (1) The Committee shall render its decision in accordance with the Planning Act.

(2) The Committee may adjourn the hearing or reserve its decision on each application.

[P.A. Section 45(6)]

MINUTES OF HEARINGS

21. (1) With respect to hearings by the Committee, the minutes shall record:

(a) the place, date and time of commencement and adjournment, if any, of the hearing;

(b) the name of the Chair or Acting Chair where the Chair and Vice-Chair were absent from any hearing of the Committee;

(d) every declaration of interest and the general nature thereof made pursuant to Section 5 of the municipal Conflict of Interest Act, with respect to the application;

[M.C.I.A. Section 5]

(e) the name and address of all persons appearing in support or opposition to an application; and

(f) the oral evidence given at the hearing by either a succinct summary or a transcript of the proceedings.

(2) Committee shall consider the minutes of hearings held previously and where the Committee is of the opinion that the minutes are correct, such minutes shall be deemed to have been read and shall be confirmed.

ADJOURNMENT OF PROCEEDINGS

22. (1) The Committee shall conclude its proceedings by adopting a motion to adjourn.

(2) Where the hearing of an application is adjourned after the Committee has commenced hearing evidence, the members present are seized with the hearing of the application and must be the members of the hearing when it is reconvened.

(3) An adjournment may be agreed to by the Committee for mediation on the issues between interested parties.

(4) An adjournment may be imposed by the Committee for such matters as it considers appropriate, including the filing of new evidence that may affect the outcome of the Committee’s decision on a particular matter.

GENERAL PROVISIONS

REMEDY FOR LACK OF QUORUM – MUNICIPAL CONFLICT OF INTEREST ACT

23. Where the number of members who, by reason of the Municipal Conflict of Interest Act, are disabled from participating in a meeting or hearing is such that at that hearing or meeting the remaining members are not of sufficient number to constitute a quorum, then, despite any other general or special Act, the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two.

[M.C.I.A. Section 7]

ADDRESS THROUGH THE CHAIR

24. Every interested party may ask questions through the Chair.

CONDUCT OF MEMBERS OF THE COMMITTEE

25. (1) No member of the Committee shall:

(a) speak disrespectfully of any member of the Royal Family, Governor-General, Lieutenant-Governor, the Prime Minister of Canada or of the Premier of any Province;

(b) use offensive language;

(d) wilfully contravene the provisions of this by-law; or

(e) refuse to comply with a decision of the Chair or the Committee on any point of order or other interpretation of the provisions of this by-law.

(2) Where a member of the Committee persists in refusing to comply with a ruling of the Chair or a decision of the Committee on any point of order or other such interpretation of the provisions of this by-law, the Chair may consider such action to be improper conduct and order such a member to leave the Committee room for the remaining part of the meeting or hearing.

(3) Where Subsection 25(2) applies and the member of the Committee presents an apology, the Chair shall permit the member to remain in his or her seat.

(4) The Chair shall have the authority to determine whether the use of any word, phrase, term or expression was offensive.

Document 4

SUMMARY OF RESPONSES TO PUBLIC CONSULTATION PROCESS

There have been a number of oral and written responses to this circulation. The report has been revised to include many of the clarification issues raised by these comments. The more substantial issues raised can be summarized as follows:

1. Should be three Panels (a Rural, Suburban and Core) rather than two Panels established given workload volumes?

2. Meetings should begin at 7 p.m. for all Panels and City Hall should be central location for all Panel meetings.

3. Honorariums to Committee Members should be paid on a per hour/per meeting basis and that mileage and parking be paid.

4. Planning comments needed on all applications and a City Planner should be in attendance at all Committee Hearings to provide essential planning input.

5. Appointment of the Committee’s Secretary-Treasurer and full-time staff should be done by Members of the new Committee to create a more autonomous and independent Committee of Adjustment.

Staff Comments

Item 1 - The Department maintains that two Panels can handle the anticipated workload volumes. If staff were delegated the authority to approve lot line adjustments, this would also help the two Panels in administering their function. The purpose of the amalgamation was to reduce staff, Committee structures etc. and thus produce a more efficient and less costly City administration. If, after a year and this issue is revisited, three Panels may be deemed necessary but it is premature to establish this structure now, which will increase the costs to the City.

Item 2 - The new Committee will address this issue when Rules of Procedure are adopted.

Item 3 - Payment based on per hour or per meeting basis will create the need for additional paperwork and financial bookkeeping. Annual-based honorariums simplify the process and Committee Members are expected to attend all meetings required to conduct their functions and duties.

Item 4 - All consent and variance applications will be reviewed by the City planners and comments will be provided as per what this report recommends. The Department has a significant and an essential service to provide many stakeholders other than those just focused on Committee of Adjustment applications. The Department’s resources are limited and therefore a commitment to assign staff to attend all Committee meetings cannot be made.

Item 5 - The Department’s position on the hiring and reporting for the Secretary-Treasurer and the Deputy Secretary-Treasurer as well as support staff is addressed in this Report.