SUBCOMMITTEE REPORT

INTENDED APPOINTMENTS

DONALD GRANGER

CONTENTS

Wednesday 12 April 2000

Subcommittee reports

Intended appointment
Mr Donald Granger

STANDING COMMITTEE ON GOVERNMENT AGENCIES

Chair / Président
Mr James J. Bradley (St Catharines L)

Vice-Chair / Vice-Président

Mr Bruce Crozier (Essex L)

Mr James J. Bradley (St Catharines L)
Mr Bruce Crozier (Essex L)
Mrs Leona Dombrowsky (Hastings-Frontenac-Lennox and Addington L)
Mr Bert Johnson (Perth-Middlesex PC)
Mr Morley Kells (Etobicoke-Lakeshore PC)
Mr Tony Martin (Sault Ste Marie ND)
Mr Joseph Spina (Brampton Centre / -Centre PC)
Mr Bob Wood (London West / -Ouest PC)

Substitutions / Membres remplaçants

Mr John Gerretsen (Kingston and the Islands / Kingston et les îles L)
Mr Garry J. Guzzo (Ottawa West-Nepean / Ottawa-Ouest-Nepean PC)
Mr Dave Levac (Brant L)

Clerk / Greffier

Mr Douglas Arnott

Staff / Personnel

Mr David Pond, research officer, Research and Information Services

The committee met at 1004 in room 228.

SUBCOMMITTEE REPORT

Clerk of the Committee (Mr Douglas Arnott): Honourable members, in the absence of the Chair of the committee and the Vice-Chair, it is my responsibility to call upon you to elect an Acting Chair of the committee for this meeting. Are there any nominations?

Mrs Leona Dombrowsky (Hastings-Frontenac-Lennox and Addington): I would like to nominate Mr Gerretsen.

Clerk of the Committee: Are there any further nominations? There being no further nominations, I declare nominations closed and Mr Gerretsen duly elected Acting Chair of this meeting.

The Acting Chair (Mr John Gerretsen): Thank you very much for the confidence that's shown to me by the entire committee to elect me unanimously to this post. I'll put you all on my Christmas card list.

Mr Joseph Spina (Brampton Centre): I thought we were already there.

The Acting Chair: First, we have the report of the subcommittee on committee business dated March 30.

Mr Bob Wood (London West): I move its adoption, Mr Chair.

The Acting Chair: Mr Wood moves its adoption. Any discussion at all?

All those in favour? Carried unanimously.

I understand a motion is required to extend the 30-day deadline with respect to two or three individuals on this list.

Mr Wood: I understand the individuals are Mr Emo and Dr Quinsey.

The Acting Chair: I'm sorry; there's one on the back as well, Mr Hugh Nichol.

Mr Wood: OK. I move that the deadline for consideration of Mr Emo, Dr Quinsey and Mr Nichol be extended by 30 days.

The Acting Chair: Any further comments?

All in favour? Opposed? Carried.

INTENDED APPOINTMENTS

DONALD GRANGER

Review of intended appointment, selected by official opposition party: Donald Granger, intended appointee as member, Assessment Review Board.

The Acting Chair: The first item of business is the selection of Donald R. Granger, an intended appointee as member of the Assessment Review Board. This is a selection of the official opposition.

Mr Granger, are you here? Would you like to come to the table, please. Thank you very much for attending this morning.

Mr Donald Granger: Thank you very much for having me, Mr Chairman.

The Acting Chair: Half an hour has been set aside to review this appointment, and we'll start with any opening statement that you may have at this time.

Mr Granger: My name is Don Granger, and for the benefit of the members I should point out that this is a cross-appointment. In fact, I have been sitting as a member of the Ontario Municipal Board since November 1997 and had provided my name to the chair to be willing to accept a cross-appointment to assist with the workload at the Assessment Review Board.

I should point out that prior to being appointed to the Ontario Municipal Board, which has been a full-time commitment, I served as a full-time college professor in the municipal planning and development program at Mohawk College for 19 years. I am a registered professional planner in Ontario. I'd like to think that I have an intimate knowledge of the planning and development realm within the province and have practised in that capacity since 1971. I have also been employed as a conservation planner and as a planning consultant through the years. That's a bit of my professional background.

I also served a tour of duty in municipal politics. I was elected deputy mayor of the town of Flamboro and regional councillor in Hamilton-Wentworth for the term 1988 through 1991, and I was acclaimed mayor of the town of Flamboro for the term 1991 through 1994. During that political tenure, I chaired the affordable housing task force for the region of Hamilton-Wentworth. The most recent work that I've done on behalf of the municipality in Hamilton-Wentworth is that I co-chaired the constituent assembly on the municipal government system in Hamilton-Wentworth. That was a joint effort funded between the region of Hamilton-Wentworth and the province of Ontario.

I have been a long-standing member of the Royal Botanical Gardens and served a term as president of the Royal Botanical Gardens.

I should also point out that I have completed the Society of Ontario Adjudicators and Regulators course through the SOAR organization in preparation for my work on the Ontario Municipal Board and look forward to serving on the Assessment Review Board. I should also point out that I have convened 49 pre-1998 assessment that were appeals before the Ontario Municipal Board, so I feel fairly confident in the work that's needed. To date, having undertaken over 250 hearings, there have been no successful leaves to appeal, there have been no judicial reviews, or no successful reviews of any of the hearings that I have presided over. I think that would be my-

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The Acting Chair: OK. Thank you very much. How long have you been on the Ontario Municipal Board?

Mr Granger: I was appointed November 3, 1997.

The Acting Chair: Thank you. We'll start with the official opposition, and we have eight minutes for questioning for each caucus. Mr Levac?

Mr Dave Levac (Brant): Do I have a question?

The Acting Chair: Yes.

Mr Levac: I do. Thank you very much for coming today. Just a short question about why. Tell me a little bit about the passion that you want to bring to the job.

Mr Granger: With respect to the Assessment Review Board, I have undertaken hearings in my capacity as a member of the Ontario Municipal Board. I quite enjoyed the variety and the dynamic that's involved. I do have a fair bit of experience in chairing proceedings and really find the work very stimulating.

As you can see through the course of my career, it's always been one of service. The matter of assessment in Ontario is a very important matter and I believe it deserves good judgment. I am very happy to make my experience available in that capacity to serve.

Mr Levac: Thank you very much.

Mrs Dombrowsky: Mr Granger, you've indicated that your experience has been as chair, that you served in the role as chair of the OMB.

Mr Granger: Not with the Ontario Municipal Board, no. I was speaking about my experience generally of chairing committees and proceedings in my political life as mayor and as deputy mayor, as regional councillor and as chair of some task forces, which included affordable housing and government review.

Mrs Dombrowsky: I see. So you did not act in the capacity of chair of the OMB.

Mr Granger: I should say that as a member of the Ontario Municipal Board, we chair the hearings, so every day I'm really acting in the capacity of a chair to proceedings that are before the board. So it's dealing with the parties and hearing evidence and ultimately being responsible for the decision that follows from that proceeding.

Mrs Dombrowsky: You're speaking to the former chair of a school board, so I'm somewhat familiar with the term "chair." Because you've indicated your interest to serve in the role as chair, is that what you expect you will be doing on the assessment board? Would that be your role, or would you be a member of the assessment board?

Mr Granger: I would be a member of the Assessment Review Board; I would be chairing the hearings. I understand the confusion. I don't aspire, at this point, to become the chair of the Assessment Review Board, but I do expect to utilize my background and experience to be able to successfully chair the hearings.

Mrs Dombrowsky: OK. I thank you for that clarification, Mr Granger. I wasn't sure. I don't believe the appointment is yet official, and you made some statements that indicated to me that maybe you would be serving in a chair role. There would be a chair of the assessment board. Is that person elected among the members or is that person appointed?

Mr Granger: No, the chair is appointed. The present chair is also my chair at the Ontario Municipal Board. That's Mr Douglas Colborne. He has been jointly appointed as chair to the Ontario Municipal Board as well as to the Assessment Review Board, so I'm quite familiar and have had very positive dealings with the chair of that board.

Mrs Dombrowsky: All right. Thank you.

The Acting Chair: Anyone else? We still have a few minutes left. No?

Mr Levac: We still have a few minutes left?

The Acting Chair: Yes.

Mr Levac: I don't want to ask a question for the sake of asking a question. I'm satisfied.

The Acting Chair: Mr Martin.

Mr Tony Martin (Sault Ste Marie): There is, it seems to me, quite a backlog before the board that you're about to be appointed to in terms of work to be done, and of course that affects the ability of municipalities to get on with doing what they need to do. What approach or tack would you bring to this position that would help resolve that very difficult problem?

Mr Granger: I think all that I can offer as one member of the Assessment Review Board is my commitment to be available, to be scheduled as fully as possible and to render decisions expeditiously, to the best of my ability.

Mr Martin: It seems there is also the problem before the board of trying to deal with the issue of shifting demographics and also shifting investment in different kinds of property. For example, the value of property in the old city of Toronto is rising at a tremendous rate while the value of property in the suburbs, even though rising, isn't quite keeping pace, and out of that property tax base each is expected to pay for the services that are required. I would suggest this is going to cause quite a difficulty, particularly to the city of Toronto as it tries to live up to its commitment not to raise taxes on any of the sectors that contribute to the fund of money that's used to pay for services.

In your looking ahead to being appointed to this board, do you have any suggestion as to how we might resolve that or how this board might be helpful in dealing with that challenge?

Mr Granger: I think as a sitting member, we do our best to communicate through the chair where we see obvious potential for improvement. I can't honestly say that at this stage I can offer any concrete suggestion until I'm dealing with a new system. You can appreciate that the appeals I had experienced were prior to the new system of assessment that we have here in Ontario. It goes without saying that fairness should be inherent in that system and that the decisions of the board-my experience in the past has been that we seek that fairness and equitableness within the system itself. Ultimately the system has to be formulated by the powers that be. As an adjudicator, it's our responsibility to deal with the legislation that is in effect. We're bound by the statutes, but where the statutes ask for fairness and equity, certainly I take that as a very serious responsibility, to ensure that that occurs, based on the evidence that is put before us in that role as an adjudicator.

Mr Martin: One of the nice things about Toronto is the fact that there are lots of people living downtown and there's lots of movement and activity. I think, personally, it lends to a sense of safety and comfort and is one of the reasons that a lot of people come to visit here. First of all, the market for family residences is strongest in the old city of Toronto but the value is going up by 33%, compared to the suburbs, where it's increasing at a rate of about 18%. This seems to me to present a difficulty and could in the long run end in a shift that would move us away from that very palatable reality. It's this government's intention to let the market decide as much as possible on lots of these issues. What would your position be?

Mr Granger: Again, I don't want to give you a personal opinion with respect to the legislation that's in place. I have to be careful, as an adjudicator, to apply the statute, and where that statute gives latitude in terms of determining fairness and equity, we attempt to do that to the best of our ability.

I'm not aware of the statistics you're referring to so it's difficult for me to present a position to you except to say that I can't imagine anyone disputing that ultimately the system we arrive at should be a fair system.

Mr Martin: Some of my colleagues across the way will understand when I say that I have to ask these questions now.

Mr Granger: I understand.

Mr Martin: Have you ever been or are you now a member of the Progressive Conservative Party?

Mr Granger: I was active with the Progressive Conservative Party through the early 1980s, prior to getting involved in municipal politics. As a good municipal politician, of course, I tried to engender some neutrality. In fact, during my political experience I have seen three different provincial governments and have always felt that I was able to co-operate with all. But yes, during that period I was very active with both the provincial and the federal associations in the Flamborough-Hamilton-Wentworth area. To date, I continue to be a life member of the Progressive Conservative Party in Ontario.

Mr Martin: Were you active in the last provincial election?

Mr Granger: No. As an adjudicator and due to my appointment with the Ontario Municipal Board, I was restricted from taking any active role in the election, and I certainly take that responsibility very seriously.

Mr Martin: Thank you very much.

The Acting Chair: Any of the government members?

Mr Wood: We'll waive our time, Mr Chair.

The Acting Chair: Then I would ask the committee for a motion of concurrence with respect to the appointment.

Mr Wood: So moved.

The Acting Chair: Moved by Mr Wood. Any further discussion? All those in favour? Opposed? Carried unanimously.

Thank you very much, Mr Granger, for attending.

The meeting is adjourned.

The committee adjourned at 1022.