The Wood Bull Guides

Part I: Interpretation (s.1)

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  • 1 DEFINITIONS

    1. In this Act,

  • “approval authority”

    “approval authority” means an approval authority under section 17 of the Planning Act;

    Legislative History

    The repealed Ontario Municipal Board Act did not include a definition of "approval authority", nor was the term referred to in the Ontario Municipal Board Act.

    Related Statutes

    Pursuant to subsections 17(1), (2) and (4) of the Planning Act:

    • except as otherwise provided, the Minister is the approval authority for official plans (s.17(1) of the Planning Act)

    • an upper-tier municipality is the approval authority for official plans of a lower-tier municipality (s.17(2) and (4) of the Planning Act).

    See also subsections 17(6) and (7) relating to the removal and transfer of the approval authority power, and subsections 17(9), (10) and (12) relating to exemptions from approval.

  • “local board”

    “local board” means any board, commission, committee, body or local authority established under or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of a municipality or part of a municipality, and includes the following:

    1. A school board.
    2. A public utility commission.
    3. A transportation commission.
    4. A public library board.
    5. A board of park management.
    6. A board of health.
    7. A police services board.
    8. A planning board; 

    Legislative History

    This definition is substantially the same as the definition of "local board" in the repealed Ontario Municipal Board Act.

    Related Statutes

    This definition is substantially the same as the definition of "local board" in subsection 1(1) of the Planning Act.

  • “municipality”

    “municipality” includes a local board of a municipality and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganized township or unsurveyed territory;

    Legislative History

    This definition is identical to the definition of "municipality" in the repealed Ontario Municipal Board Act.

    Related Statutes

    The term "municipality" is defined in the Municipal Act, 2001 as "a geographic area whose inhabitants are incorporated".

  • “rules”

    “rules” means the rules made by the Tribunal under section 32;

    Legislative History

    The repealed Ontario Municipal Board Act did not have a definition of "rules".

    The Rules of Practice and Procedure that applied to the former Ontario Municipal Board were made under section 91 of the repealed Ontario Municipal Board Act and section 25.1 of the Statutory Powers Procedure Act.  Section 91 of the repealed Ontario Municipal Board Act provided that the Board may make general rules regulating its practice and procedure.

    Related Sections

    Section 32 provides that the Tribunal may make rules governing its practice and procedures.

    Wood Bull Commentary

    The Tribunal's Rules of Practice and Procedure, made under section 32 of the LPAT Act and section 25.1 of the Statutory Powers Procedure Act, are available on the Environment & Land Tribunals Ontario (ELTO) website.

  • “Tribunal”

    “Tribunal” means the Local Planning Appeal Tribunal established under this Act.

    Legislative History

    Bill 139 enacted the LPAT Act which established the Tribunal and continued the Ontario Municipal Board under the Tribunal's name.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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