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About the Board of Negotiation
The Board of Negotiation (BON) serves as an informal tribunal that negotiates compensation settlements in expropriation cases. The BON becomes involved only after alternative avenues for resolving the issues have not succeeded. Meetings with expropriated parties and the authorities are arranged throughout Ontario at no cost to either party. The BON reviews all written documentation and considers the submissions from the parties.
Through mediation, the BON attempts to bring the parties to an agreement on the appropriate compensation for the specific case. With no power to impose a settlement, the BON will, where sufficient information has been submitted, provide an opinion about how to reach fair compensation.
Subsection 27(5) of the Expropriations Act provides that BON Members must view the property in question prior to, or during, the hearing. Using its expert mediators, the BON has been able to achieve a high rate of success with the cases brought before it. If no settlement can be reached, the parties can take their appeal to the Ontario Municipal Board (OMB).
History and Jurisdiction
The BON was formed under the authority of the Expropriations Procedures Act 1962/63. The Act, which came into force on January 1, 1964, represented one of the recommendations of the report of the Select Committee on Land Expropriation.
As a result of subsequent studies on compensation and procedures, including the reports for the Ontario Law Reform Commission, the Expropriations Act came into force on January 1, 1970. Under the Expropriations Act, the Land Compensation Board was established, forming a single tribunal that would possess the potential for uniform decision-making. The Land Compensation Board's duties have now been assumed by the OMB.
Administrative Integration
In 1998, the Assessment Review Board (ARB), the BON, and the OMB were administratively amalgamated. The Boards currently share leadership and common business support services but remain legislatively distinct tribunals.
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