Frequently Asked Questions
About The Board
About Assessment Appeals
About Planning Appeals and Referrals
About Board Decisions and Orders or Reports and Recommendations
About Other Matters
About the Board
1. What is The Municipal Board and what does it do?
The Municipal Board is a quasi-judicial administrative 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, The Planning Act, and The City of Winnipeg Charter give the Board jurisdiction to make orders and decisions or reports and recommendations about various matters. The Board is governed by 17 different Acts of the Legislature.
In addition to adjudicating municipal assessment appeals and planning matters, the Board will hear, among various other matters, water rights appeals, applications regarding municipal ward boundaries, as well as municipal-related dissolutions, amalgamations and annexations. The Board also processes and adjudicates municipal by-law applications for general borrowing, special services, and local improvements.
2. Who comprises the Board?
The Board consists of a Chair, a Vice Chair and part-time Members. They are all appointed by Order-in-Council with the Vice-Chair being a full-time civil servant. 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?
The Board is an independent body in that it conducts its business and makes decisions without any interference or direction from government officials, politicians or stakeholders.
At hearings, the Board usually sits as a three-person panel: the Chair (or Acting Chair) and two Members (although the Board can conduct a hearing with a quorum of two Members).
Many Board hearings are adversarial in nature in that there are generally two parties who have opposite views on the matter. Depending on the matter, additional hearing participants may also include members of the public who have an interest in the matter and its outcome.
After the Board conducts a hearing, the Board will write a decision and order, or a report and recommendation, on the matter. The Board makes its decision after consideration and analysis of the submissions and any legislative and policy framework presented at the hearing.
4. Is a filing fee required to accompany the matter I am bringing to the Board?
The Board has filing fees which are set out in the Municipal Board Tariff of Fees Regulation which can be found here: Municipal Board Tariff of Fees Regulation, M.R. 189/89 (gov.mb.ca). Note that as of September 1, 2022 the regulation was amended.ote that as of September 1, 2022 the regulation was amended. Fees can be paid by cheque, money order or cash, payable to The Municipal Board or Minister of Finance on filing an application or appeal, or on commencing a proceeding. The Board requests that one fee per filing be made and, in turn, you will be issued a receipt. Filing fees should accompany your filing in order for your matter to be processed in a timely fashion.
5. What are the Board’s office hours?
The Municipal Board operates during the business hours of 8:30 a.m. to 4:30 p.m. from Monday to Friday and follows the Provincial schedule of statutory holidays.
6. What about filing deadlines?
Timelines for filing will differ depending on the matter you are bringing to the Board. You must always look to the applicable legislation to determine the date you must file your matter with the Board. Please consider the office hours (listed in number 5 above) and holidays when you are dealing with a filing deadline to ensure it is met. Failure to file within the legislated timeline may result in your matter being subject to dismissal by the Board. Manitoba statutes can be found here. Paper copies of Manitoba statutes are also available at the Public Library.
7. Do I need a lawyer to appear before the Board?
No, but a lawyer, agent, or other representative with particular expertise pertaining to your matter may make your appearance before the Board easier to navigate. Every appeal and application will differ so you will have to decide, based on the nature and complexity of your matter, whether or not you should appoint legal counsel.
If you decide to appoint legal counsel or other representative, at the earliest possible time before the hearing you are required to file with the Board, to the attention of the Board Secretary/CAO, a signed authorizing letter identifying the person you have appointed to represent you.
8. Where are hearings held?
Board hearings are generally held throughout the Province of Manitoba, usually at or close to the area from which the matter arises. Hearings may also be held at the Board Hearing Room at 1144 - 363 Broadway in Winnipeg, Manitoba. Otherwise, hearings are often held in a neutral location that is arranged by the local municipality. Certain hearings (assessment appeals) can also be held electronically. The time, date, and place or manner of the hearing, are set out in the Board’s notice of hearing.
9. How long does a Board hearing take?
Hearings vary in length, lasting anywhere from one hour to one week or longer. Most assessment and planning hearings often take multiple days to complete.
Hearings occur during regular weekdays, starting 9:30 am ending 4:30 pm, but where circumstances warrant, hearings may extend beyond 4:30 pm at the discretion of the Board hearing the matter.
10. What can I expect at a Board hearing?
Board hearings may involve some level of public participation but hearings are not town halls or public debates and will follow processes similar to Court.
You should review the applicable hearing procedures as soon as you are aware your matter is scheduled for a hearing to familiarize yourself with the process, including the order of presentation of evidence and right to make a presentation and ask questions. In carrying out its processes and procedures, the Board has discretion to amend its procedures and set time limits, but remains bound by the principles of natural justice and duty of fairness.
In many cases, another decision-making body or authority has previously heard and/or made a decision on the matter that is before the Board, but Board hearings are “de novo” in that they are new hearings whereby the Board hears the evidence fresh for the first time.
Board hearings are recorded and audio recordings are available at the Board office for anyone who wishes to hear the proceedings by setting up an appointment with the Board in advance.
11. Are rules of evidence and procedure of the Courts binding on the Board?
No. The Board is not bound by the technical rules of evidence or procedure but the hearings are relatively formal and the Board may apply 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, are 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.
12. Can I present with a projector or PowerPoint?
Most facilities where Board hearings are held do not have the equipment or tools necessary to accommodate projectors or PowerPoint presentations. Please check with the Board Secretary to determine if your request can be accommodated. Note that the Board will not be responsible or able to provide technical support if you choose to present material through this format.
Regardless of how you present your material to the Board at the hearing, all material and documents, including PowerPoint slide decks, that you intend to rely on at the hearing must be filed with the Board and provided to the parties in hard copy format prior to the hearing.
About Assessment Appeals
13. What are the Board's Assessment Appeal Rules and where can I find them?
The Board has adopted Rules of Procedure for Assessment Appeals. The Assessment Appeal Rules provide for a case management process to facilitate mediation, address procedural or preliminary matters, and narrow the issues in dispute for a more efficient and cost effective hearing. These Rules also set time limits for the 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.
14. What are the fees for an assessment appeal?
There is a charge for filing an assessment 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.
Refer to the Web section on Filing an Appeal.
About Planning Appeals and Referrals
16. What are the Board's Planning Rules and where can I find them? What are the Board's Planning Rules and where can I find them?
The Board’s processes for planning matters are governed by specific rules of procedure. Since the October 2021 proclamation of The Planning Amendment Act and City of Winnipeg Charter Amendment Act, amendments to The Planning Act and City of Winnipeg Charter (the “Charter”) provide for new types of planning appeals and referrals to the Board, including planning matters for properties within the City of Winnipeg. Subsequent amendments to The Municipal Board Act also allow the Board to mediate planning disputes and dismiss planning appeals on various grounds.
In response to these amendments, the Board is in the process of updating its planning rules of procedure. Once complete, the Board will have two sets of planning rules, one for planning appeals and one for planning referrals. Each set of rules will also contain a set of related forms which must be filled out, as needed, at various stages of the appeal or referral process.
The new planning rules will set out the various processes and procedures involved, as well as the respective roles and obligations of the parties and participants, from the initiation of the appeal or referral to the conclusion of the Board hearing and outcome. The planning rules will also provide for a case management process to facilitate a more efficient and cost-effective hearing.
The new planning rules and forms are not in effect yet. They will be in force once published on the Board’s website. In the meantime, the Board has existing rules of procedure in place for various planning matters. To access the existing rules, click here.
17. How do I file a planning appeal?
To initiate a planning appeal, you must file a notice of appeal to the Board with the applicable filing fee. There are strict timelines for filing an appeal to the Board so you must always refer to the applicable legislation on when to file. Depending on the planning matter, the legislation may also set out minimum requirements on the filing of an appeal. At minimum, the property owner (appellant) should set out their contact information, description of the subject property including civic address and legal description, and the grounds of appeal including the statutory provision(s) relied upon in support of the appeal.
You should also provide a copy of the decision or resolution from the municipality or local authority that gave rise to the appeal.
18. What is a planning referral?
A referral is a request to the Board by the referring authority (which could be a municipality, the City of Winnipeg, or the Minister) to conduct a hearing with respect to a proposed planning by-law as specified in The Planning Act or The City of Winnipeg Charter. This differs from a planning appeal where a property owner brings an appeal formally challenging an official municipal decision.
A referral hearing is normally triggered because a number of persons have filed a sufficient number of objections under the applicable legislation to the referring authority that has the authority to make decisions on the proposed by-law being referred. Before the by-law can be passed, the referring authority must first refer the matter to the Board for a hearing. The main parties to a referral hearing include the applicant property owner or developer and the municipality, which may be the City of Winnipeg. Persons who file objections on the by-law are not parties to the referral but have a right to make representations and participate at the hearing.
19. Can I bring legal counsel or other authorized representative to a Board planning hearing?
Yes. If you decide to appoint legal counsel or other representative to appear on your behalf before the Board, the Board requires all parties and public participants to identify to the Board, at the earliest possible time before the hearing, the legal counsel or authorized representative who will be acting on your behalf. You must do this by filing with the Board, to the attention of the Board Secretary/CAO, a signed authorizing letter identifying the person you have appointed to represent you.
Public participants who share common interests in the planning matter may wish to appoint a single representative or legal counsel to represent collective interests.
20. How long does it take for a planning matter to be dealt with by the Board?
For many planning appeals and referrals, the legislation requires the Board to complete its hearing within 120 days from date the filed notice of appeal or referral is deemed completed. The Board then makes its decision or report and recommendation within 60 days after the hearing concludes. There are exceptions to these timelines so please refer to the legislation related to your planning matter for any timelines that may apply. The Board deems the notice completed when all documentary and filing fee requirements are met, at which point the Board will then schedule dates for the appeal or referral hearing.
21. How are planning appeals and referrals conducted?
Due to the nature of the planning matter and number of participants, most planning hearings before the Board are multi-day hearings but a hearing may conclude sooner. Each matter will be different, but a party should be ready on day 1 of the hearing with their evidence and witnesses, including any experts, they may wish to rely upon in support of their position.
Members of the public may also make a written and/or oral submission at the hearing. Written submissions can be made by filing copies of a completed Public Presenter Form, indicating an intention to attend and provide written and/or oral submissions at the hearing. Hard copies of the written submissions should be attached to Public Presenter Form and filed with the Board in advance of the hearing. Hard copies of the written submission should also be provided to the parties in advance of the hearing. To access the Public Presenter Form, refer to the Web section on Public Hearing Notices.
Planning appeal and referral hearings are typically held in the municipality where the lands comprising the subject matter of the appeal or referral are located. A notice of hearing is sent to the parties, and other named persons or entities, as may be required in the legislation. A public notice of hearing is also published on the Board website. Public notices may also be found posted at the applicable municipal office and/or website.
Planning hearings are held in-person before a three-member panel: the Chair (or Acting Chair) and two members. Like all other Board hearings, planning hearings are de novo, in that the Board is hearing the matter fresh for the first time. Though not as formal as court proceedings, there is a level of structure to the process.
The existing rules set out, among other matters, timing for the filing and exchange of written briefs or submissions, the order of presentations, and the right to ask questions of witnesses. The Board has discretion in the manner in which the hearing is conducted and may vary the procedure or place time limits on any part of a hearing to help facilitate a fair, just and cost-effective process.
22. What happens after a planning hearing?
After a planning hearing, the Board panel will write either a decision and order or a report and recommendation in respect of the planning matter in accordance with the applicable legislation. The legislation will expressly set out who gets a copy of the decision and order or report and recommendation.
In the case of a report and recommendation, the Board must send the written report to the Minister or City of Winnipeg council, as applicable, who will then be responsible for making the final decision on the planning matter. You will have to check the applicable legislation to see who has final decision-making power on the matter.
About Board Decisions and Orders or Reports and Recommendations
Yes. Board decisions and orders are distinct from reports and recommendations in that they result in different operational and legal treatment.
After the Board considers all of the evidence and presentations on a matter, if a Board writes a decision and order, that decision represents the Board’s own final disposition of that matter. In contrast, if a Board writes a report with recommendations, the report and recommendations are NOT final decisions of the Board. Reports and recommendations are just that –recommendations the Board gives to another entity. For planning matters the entity will be the Minister or City of Winnipeg council, as applicable. Those recommendations remain subject to deliberation by that other entity which then makes the final decision on the matter.
24. What is contained in a Board Report and Recommendation?
The applicable legislation guides the Board in determining the type of information to be contained in a report and recommendation. For planning matters, the report usually contains a summary of the submissions made at the hearing; the recommendations of the Board that council approve, reject, or approve with conditions, the proposed by-law or application; the reasons for the recommendation; and any other information as council may require.
25. Can I appeal a Board Decision and Order?
It depends on the matter. You will have to refer to the applicable legislation to determine if the Board’s order in the particular matter is final and binding or subject to appeal to the Courts. A party can seek leave to appeal to the Manitoba Court of Appeal of a final decision or order of the Board on matters of law or jurisdiction (no later than 30 days after the date of the Board's final decision).
26. Can I appeal a Board Report and Recommendations?
No. Board reports and recommendations are advisory in nature and are not final decisions of the Board. As such, they are not subject to appeal. For planning matters, the final decision-making power lies with the Minister or City of Winnipeg council, as applicable. Those decisions, however, are also not subject to appeal.
The planning legislation may further provide that the final decision-maker cannot pass a proposed by-law unless it conforms to the recommendations made by the Board.
All Municipal Board orders, dating back to 1975, are located in bound volumes in the library at the Board’s office and are available for review. If you require assistance with locating an order, you should set up an appointment with the Board in advance.
28. Can I have access to Board Reports and Recommendations? If not, why are they treated different from Decisions and Orders?
No. Unlike Board decisions and orders, reports and recommendations are not accessible to the parties or public as they are ongoing, live matters that remain subject to review and final decision by another entity. Once the Board completes its report and recommendation, the legislation dictates to whom the Board must send the report.
For planning matters, for example, the legislation requires the Board to send the report and recommendations to the Minister or City of Winnipeg council, as applicable, who then considers the recommendations and makes the final decision in the matter.
29. What happens to a Board’s Report and Recommendations after it is sent to the City of Winnipeg?
In the case of the City of Winnipeg, the Charter requires the Board to submit its report and recommendations to City council through the City Clerk. After the Board’s report is sent to the City, the Charter sets out certain steps the City must take regarding the report. These steps include the City preparing a summary of the Board’s report and its recommendations. After the summary is complete, the City must then, by ordinary mail, send the report summary and the notice of the date, time and place City council will consider the report, to the applicant and any person who made submissions at the Board hearing.
Once the Board sends its report and recommendations to the City, the Board’s involvement in the matter ends. Should you have any questions about the City’s processes, including the status of the planning matter at issue, they should be directed to the City Clerk.
About Other Matters
30. How do I remove / vary a Building Restriction Caveat?
Refer to the Web section on Building Restriction Caveats.
31. How do I dispense of a Signature Requirement under the Real Property Act, Section 117(6)(g)?
Refer to the Web section on Dispense of Signature Requirement.
