Palma...if and when Toronto Council and City Planning revises Bylaw 483-86 to a comprehensive overview for the City then you have an argument otherwise your polemics are not useful.....
My understanding was that the City has enacted a new comprehensive zoning bylaw (569-2013
), and that the only areas of the city that this does not cover are those where a development application had been commenced prior to the enactment. That being said, I don't think that this bylaw varies too greatly from 483-86 - instead it largely regularizes the zoning regime across the city.
What I see as the most significant issue with the OMB is that anyone may appeal the enactment of a zoning by-law or City-initiated Official Plan/Official Plan Amendment.
For example, Toronto's current Official Plan (well, prior to the OPAs flowing from the Five Year review currently under way), was approved by City Council in 2003, but did not come into force until 2006 after all appeals were decided/settled at the OMB.
I think that it is problematic that a duly elected public body is unable to govern (i.e. have legislation that it approves actually enforced) until it is tailored to the satisfaction of a variety of private interests. This is quite a different set of circumstances than is the case for Provincial or Federal legislation, where even if a new piece of law is contested via courts, it is still in effect up until the point an injunction is approved by the court or it is struck down by the court.