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Opening comments:  More at the end.

[ section above ]

Other Enclosure - E.)    Selected section of the Ontario Municipal Board Act
                                       & OMB Oath of Office and Secrecy

     The following items are to show not only that the OMB could investigate the Conduct of Member
Culham but both the Chair and Mr. Culham withheld information on how to overturn this OMB decision.  It was upon checking the factualness of the Chair’s letter (Dec.# 73.2), that Sec. 95 was discovered.  I did visit the OMB office soon after the Hearing and was focused on the concerns of Conflict of Interest and Bias. It was then a copy of the OMB’s Code of Conduct was presented but not Sec. 95.

          Selected section of the Ontario Municipal Board Act - R.S.O. 1990, CHAPTER O.28
From -   Notice of Currency: This document is up to date.  Amended by: 1992, c. 15, s. 90; 1993, c. 23, s. 70; 1993, c. 27, Sched.; 1994, c. 23, ss. 70-75; 1996, c. 32, s. 81; 1997, c. 31, s. 162; 1998, c. 15, Sched. E, s. 26; 2002, c. 17, Sched. F, Table. [ emphasis added ]

43.    The Board may rehear any application before deciding it or may review, rescind, change, alter or vary any decision, approval or order made by it.  R.S.O. 1990, c. O.28, s. 43.

     The next section is very important and likely one reason why the Chair did not respond to my letters pointing out the concerns about Conflict of Interest and Bias.  By not responding she could avoid a situation where I could discover the fact there was only 28 days to file with the Lieutenant Governor a petition to have this matter reviewed and I can assure you I would have!  One of the oldest political tricks is to run the clock out and then gloatingly tell the victims too bad for you but you lost your window of opportune, waiting for a bureaucratic to treat you fairly.  This is also a form of blaming the public for what has happened but the facts speak for themselves.  The Chair and her staff did not respond the letters about Conflict of Interest and Bias and the Chair wait months after the 28 day deadline for filing with the Lieutenant Governor before there is any mention of section 95 of the OMB Act.  How fair, impartial and professional is all this?  I hope the public will see who her actions really serve, as it surely is not the public.

     OMB Culham also omitted to informing me of section 95 (page 75 - item 43), misleading me into
thinking that only court action could right the wrongs.  So when you read the Chair letter, Doc.# 73.2, where she mis-informs the public as to the facts regarding who can seek a review of an OMB decision, remember the McCallion Method # 2 and the Chair’s history as a politician.

 Lieutenant Governor in Council may confirm, vary or rescind orders

95.  (1) Upon the petition of any party or person interested, filed with the Clerk of the Executive Council within twenty-eight days after the date of any order or decision of the Board, the Lieutenant Governor in Council may,
(a)     confirm, vary or rescind the whole or any part of such order or decision; or
(b)     require the Board to hold a new public hearing of the whole or any part of the application
          to the Board upon which such order or decision of the Board was made,

     You can also judge how well OMB member Culham and the OMB Chair have kept to their Oaths of office.


I, xxxxxxx, having been appointed as a member of the Ontario Municipal Board, do swear that I will faithfully and impartially, to the best of my judgement, skill and ability discharge my duties and will observe and comply with the laws of Canada and Ontario.  And except as I may be legally required, I will not disclose to any person any information or document that comes to my knowledge or possession by reason of my appointment, I will not ask for or receive any sum of money, service or recompense, or matter or thing whatsoever directly or indirectly in return for what I have done or may do in the discharge of any of the duties of my said office, except my salary, or what may be allowed me by law or by an Order of the Lieutenant Governor in Council.

                                   So help me God.                   [ And God help us too. ]

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