1. What is The Municipal Board and what can it do?
2. Who comprises the Board?
3. How does the Board operate?
4. How are Board hearings conducted?
5. Where are hearings conducted?
6. How long is the average hearing?
7. What are the Board's rules?
8. What are the costs involved in an appeal?
9. Do you need a lawyer to appear before the Board?
10. How do I appeal?
11. Can I appeal a Municipal Board decision?
12. Are rules of evidence of the Courts binding at The Municipal
Board?
13. Can I have access to Municipal Board orders?
14. What are the Board's procedures at the hearing?
1. What is The Municipal Board and what can it do?
The Municipal Board is a quasi-judicial tribunal established
under The Municipal Board Act. That Act sets out the general
provisions respecting the Board's operations. Other provincial
statutes, such as The Municipal Act, The Municipal Assessment
Act, and The Planning Act, also give the Board jurisdiction
to make decisions or recommendations about various matters.
The Board only has the jurisdiction given to it by the statute. If that statute
sets a time limit for filing a matter with the Board, failure to file within that
time limit will mean that the Board no longer has the jurisdiction to hear and
decide the matter.
2. Who comprises the Board?
The Board consists of a Chair, a Vice Chair and part-time Members, all appointed
by Order-in-Council. Some Members may sit as Acting Chairs, when required.
The Board Members are from various regions of
the Province (urban and rural) and generally have experience in one or more areas
of the Board's jurisdiction.
3. How does the Board operate?
Before making a decision or recommendation, the Board usually conducts a public
hearing. Many Board hearings are adversarial in nature - that is, there are two
parties who have opposite views on the matter. When required to conduct a public
hearing, the Board usually sits as a three-person panel: the Chair (or Acting
Chair) and two Members.
4. How are Board hearings conducted?
For Assessment Appeals, the Board has adopted Assessment Appeal Rules of Procedure.
These Rules set time limits for advance filing of evidence and should be read
in advance of the hearing. If you are a party to an Assessment Appeal, you should
receive a copy of the Rules with your Notice of Hearing. If you do not, you should
immediately contact the Board Office.
5. Where are hearings conducted?
Hearings are conducted throughout the province - usually at or close to the
area from which the matter arises. Most Winnipeg hearings are
held at the Board Hearing Room at 1144 - 363 Broadway in Winnipeg,
Manitoba. Hearings outside of Winnipeg are often held in Municipal
Offices.
6. How long is the average hearing?
Hearings vary in length, lasting anywhere from one hour to one
week or longer. Most hearings are completed in less than one day.
The time, date, and place of the hearing are set by the Board
and a Notice of Hearing is sent to the parties.
7. What are the Board's Rules?
To access a PDF file of the Rules, click here.
Note: Adobe Acrobat Reader is required to view. You can download
this program for free.
back to top 8. What are the costs involved in an Assessment appeal?
There is a charge for filing an appeal - which is returned if
you are successful. Charges vary and are as follows:
$10 for each $100,000 of the assessed value of the property that
is the subject of the appeal, as determined by the Board of Revision,
subject to a minimum fee of $50 and a maximum fee of $500.
9. Do you need a lawyer to appear before the Board?
No, but a lawyer, agent, or tax representative may make your
appearance before the Board easier.
10. How do I appeal?
Refer to the web section on Filing an Appeal.
11. Can I appeal a Municipal Board decision?
You can seek leave to appeal to the Court of Appeal, of a Municipal
Board decision, or on matters of law or jurisdiction - no later
than 30 days after the date of the Board's Order.
back to top 12. Are rules of evidence and procedure of the Courts binding
at The Municipal Board?
No. The Board is not bound by the technical rules of evidence or procedure.
For fairness and efficiency, however, the hearings are formal
and the Board uses some evidentiary rules that are similar to
those used by the Courts.
For example, expert evidence, while not subject to the same standards
as those found in the Courts, is tested in a similar way. Hearsay
(second-hand witness evidence) can be allowed, but may not be
given much weight because of its lack of reliability.
13. Can I have access to Municipal Board Orders?
All Municipal Board Orders, dating back to 1975, are located in bound volumes
in our library and are available for inspection or photocopying.
14. What are the Board's procedures at a hearing?
Refer to the Web section on The Hearing.
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