Manitoba

Manitoba Municipal Board

Frequently Asked Questions


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?
15. How do I remove / vary a Building Restriction Caveat?
16. How do I dispense of a Signature Requirement under the Real Property Act, Section 117(6)(g)?

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.

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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.

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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.

15. How do I remove / vary a Building Restriction Caveat?

Refer to the Web section on Building Restriction Caveats.

16. 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.

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