The Wood Bull Guides

Part VI: Practice and Procedure, General (s.31 to 37)

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  • 31(1) DISPOSITION OF PROCEEDINGS

    31(1) The Tribunal shall dispose of proceedings before it in accordance with any practices and procedures that are required under,

    (a) this Act or a regulation made under this Act;

    (b) the Statutory Powers Procedure Act, unless that Act conflicts with this Act, a regulation made under this Act or the Tribunal’s rules; or

    (c) any other general or special Act.

    Related Sections

    See subsection 43(1) (Minister may make regulations), and sections 38, 39, 40, 41, and 42 (practices and procedures that apply to appeals under subsections 17(24), (36) and (40), 22(7), 34(11) and (19), and 51(34) of the Planning Act).

    Related Regulations

    O. Reg. 102/18: PLANNING ACT APPEALS

    • establishes timelines for the disposition of appeals to the Tribunal under the Planning Act.

    • further to clause 42(3)(a) of the LPAT Act, establishes time limits on oral submissions relating to appeals described in subsections 38(1) and (2).

    • provides that in addition to the restriction under clause 42(3)(b) of the LPAT Act on the calling or examining of witnesses at an oral hearing of an appeal described in subsections 38(1) and (2), no party or person may call or examine witnesses prior to the hearing.

    Wood Bull Commentary

    Regulations governing the practices and procedures of the Tribunal may be made by the Minister (s.43).

    Sections 39, 40, 41 and 42 set out practices and procedures that apply to appeals under subsections 17(24), (36) and (40), 22(7), 34(11) and (19), and 51(34) of the Planning Act (see s.38 of the LPAT Act).

  • 31(2) TRIBUNAL’S PRACTICES AND PROCEDURES

    31(2) The Tribunal shall, in respect of each proceeding before it, adopt any practices and procedures provided for in its rules or that are otherwise available to the Tribunal that in its opinion offer the best opportunity for a fair, just and expeditious resolution of the merits of the proceedings.

    Related Sections

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

    Related Tribunal Rules

    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 in the Wood Bull Guides.

  • 31(3) STATUTORY POWERS PROCEDURE ACT

    31(3) Despite section 32 of the Statutory Powers Procedure Act, this Act, regulations made under this Act and the Tribunal’s rules prevail over the provisions of that Act with which they conflict.

    Related Statutes

    Section 32 of the Statutory Powers Procedure Act provides as follows:

    Conflict

    Unless it is expressly provided in any other Act that its provisions and regulations, rules or by-laws made under it apply despite anything in this Act, the provisions of this Act prevail over the provisions of such other Act and over regulations, rules or by-laws made under such other Act which conflict therewith.

    Wood Bull Commentary

    The LPAT Act, regulations made under the LPAT Act, and the Tribunal's Rules of Practice and Procedure prevail, in the event of a conflict, over any provision(s) in the Statutory Powers Procedure Act.

  • 32(1) RULES

    32(1) The Tribunal may make rules governing its practices and procedures.

    Legislative History

    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

    Under section 1, "rules" are defined as "the rules made by the Tribunal under section 32".

    Related Tribunal Rules

    The Tribunal's Rules of Practice and Procedure are made under section 32 of the LPAT Act and section 25.1 of the Statutory Powers Procedure Act, and are available in the Wood Bull Guides.

  • 32(2) GENERAL OR PARTICULAR

    32(2) The rules may be of general or particular application.

    Legislative History

    Section 91 of the repealed Ontario Municipal Board Act provided that "the Board may make general rules regulating its practice and procedure".

    Related Tribunal Rules

    The Tribunal's Rules of Practice and Procedure, which apply to all matters and proceedings before the Tribunal, are divided into three Parts (see Rule 1.01):

    Part I applies to all proceedings before the Tribunal, save and except where:

    (i) it is stated in Part II that a certain Rule in Part I is not applicable to a proceeding identified in Part II, or

    (ii) it is stated in Part III, that a Rule in Part I is not applicable to a proceeding identified in Part III.

    Part II applies to appeal proceedings under subsections 17(24),(36) and (40), 22 (7), 34 (11) and (19), and 51 (34) of the Planning Act which are identified in section 38(1) and (2) of LPAT Act.  The Rules in Part II do not apply to any other proceedings before the Tribunal.

    Part III applies to and is specific to those proceedings commenced under the Expropriations Act. The Rules in Part III do not apply to any other proceedings before the Tribunal.

  • 32(3) OTHER RULES

    32(3) Without limiting the generality of subsection (1), the rules may,

    (a) provide for and require the use of hearings or of practices and procedures that are alternatives to traditional adjudicative or adversarial procedures;

    (b) provide for and require notice to be provided in a particular manner;

    (c) authorize the Tribunal to hold hearings or other proceedings in writing or by any electronic or automated means;

    (d) authorize the Tribunal to combine two or more proceedings or any part of them, or hear two or more proceedings at the same time;

    (e) authorize the Tribunal to appoint a person from among a class of parties to a proceeding to represent the class where, in the opinion of the Tribunal, the parties have a common interest; and

    (f) provide for when and how the Tribunal may hear from a person other than a party.

    Related Tribunal Rules

    See the Tribunal's Rules of Practice and Procedure, available in the Wood Bull Guides.

  • 32(4) LEGISLATION ACT, 2006

    32(4)  Part III (Regulations) of the Legislation Act, 2006 does not apply to the rules.

  • 32(5) FAILURE TO COMPLY WITH RULES

    32(5) Unless the Tribunal’s failure to comply with the rules or its exercise of discretion under the rules in a particular manner caused a substantial wrong that affected the final disposition of a matter, neither the failure nor the exercise of discretion is a ground for setting aside a decision of the Tribunal on an application for judicial review or an appeal.

  • 33(1) POWER TO REQUIRE CASE MANAGEMENT CONFERENCE

    33(1) The Tribunal may direct the parties to a proceeding before it to participate in a case management conference prior to a hearing, for the following purposes:

    1. To identify additional parties to the proceeding.

    2. To identify, define or narrow the issues raised by the proceeding.

    3. To identify facts or evidence that may be agreed upon by the parties.

    4. To provide directions for disclosure of information.

    5. To discuss opportunities for settlement, including the possible use of mediation or other dispute resolution processes.

    6. To establish dates by which any steps in the proceeding are to be taken or begun.

    7. To determine the length, schedule and location of a hearing, if any.

    8. To determine the order of presentation of submissions.

    9. To deal with any other matter that may assist in the fair, just and expeditious resolution of the issues. 

    Legislative History

    While the repealed Ontario Municipal Board Act did not include a similar provision relating to case management conferences, Rule 70 of the former Ontario Municipal Board's Rules of Practice and Procedure provided for the conducting of prehearing conferences by the Board.

    Related Sections

    A case management conference is mandatory for certain Planning Act appeals (s.39), namely those made under subsections 17(24), (36) and (40), 22(7), 34(11) and (19), and 51(34) of the Planning Act.

    Related Tribunal Rules

    Rule 19 identifies matters that may be addressed at a prehearing conference.

    Rules 26.17 to 26.23 apply to the case management conference for appeals under subsections 17(24), (36) and (40), 22(7), 34(11) and (19), and 51(34) of the Planning Act.

  • 33(2) POWER TO EXAMINE

    33(2) At any stage of a proceeding, the Tribunal may,

    (a) examine a party to the proceeding;

    (b) examine a person other than a party who makes a submission to the Tribunal in respect of the proceeding;

    (c) require a party to the proceeding or a person other than a party who makes a submission to the Tribunal in respect of the proceeding to produce evidence for examination by the Tribunal; and

    (d) require a party to the proceeding to produce a witness for examination by the Tribunal.

    Related Sections

    Subsection 42(3) provides that no party or person may adduce evidence or call or examine witnesses at an oral hearing of an appeal described in subsections 38(1) or (2).  The appeals described in subsections 38(1) and (2) are those made under subsections 17(24), (36) and (40), 22(7), 34(11) and (19), and 51(34) of the Planning Act.

    Wood Bull Commentary

    This subsection addresses the powers of the Tribunal to examine, but does not address the extent to which a party to a proceeding may examine a witness or ask questions of a witness arising from the examination by the Tribunal.

  • 33(3) POWER TO MAKE CONFIDENTIALITY ORDERS

    33(3) The Tribunal may order that any document filed in a proceeding before it be treated as confidential and not be disclosed to the public, where the Tribunal is of the opinion that,

    (a) matters involving public security may be disclosed; or

    (b) the document contains information regarding intimate financial or personal matters or other matters that are of such a nature that the public interest or the interest of a person affected would be better served by avoiding disclosure, despite the desirability of adhering to the principle that documents filed in a proceeding be available to the public.

  • 33(4) POWER TO FIX COSTS

    33(4)  Subject to any general or special Act, the Tribunal may fix the costs of and incidental to any proceeding in accordance with the rules and regulations made under this Act.

    Legislative History

    Subsection 97(1) of the repealed Ontario Municipal Board Act provided that:

    The costs of and incidental to any proceeding before the Board, except as herein otherwise provided, shall be in the discretion of the Board, and may be fixed in any case at a sum certain or may be assessed.

  • 34 DECISIONS OF TRIBUNAL TO BE FINAL

    34. Except as provided for in sections 35 and 37, a decision or order of the Tribunal is final and binding.

    Legislative History

    This section is similar to clause 96(4)(a) of the repealed Ontario Municipal Board Act.

  • 35 REVIEW OF TRIBUNAL DECISION

    35. The Tribunal may review, rescind or vary any decision or order made by it in accordance with the rules.

    Legislative History

    This section is similar to part of section 43 of the repealed Ontario Municipal Board Act.

  • 36(1) STATING CASE FOR OPINION OF DIVISIONAL COURT

    36(1) The Tribunal may, of its own motion or upon the application of a party, state a case in writing for the opinion of the Divisional Court upon a question of law.

    Legislative History

    This subsection is similar to subsection 94(1) of the repealed Ontario Municipal Board Act.

  • 36(2) SUBMISSIONS BY THE TRIBUNAL

    36(2) The Divisional Court may hear submissions from the Tribunal on the stated case.

  • 36(3) COURT’S OPINION

    36(3) The Divisional Court shall hear and determine the stated case and remit it to the Tribunal with the court’s opinion.

    Legislative History

    This subsection is similar to subsection 94(2) of the repealed Ontario Municipal Board Act.

  • 36(4) NO STAY

    36(4) Unless otherwise ordered by the Tribunal or the Divisional Court, the stating of a case to the Divisional Court under subsection (1) does not operate as a stay of a final decision or order of the Tribunal.

  • 36(5) APPLICATION FOR REVIEW

    36(5) Within 30 days of receipt of the decision of the Divisional Court, a party to the stated case proceeding may apply to the Tribunal for a review of its original decision or order in accordance with section 35.

  • 37(1) APPEAL

    37(1) Subject to any general or special Act, an appeal lies from the Tribunal to the Divisional Court, with leave of the Divisional Court, on a question of law, except in respect of matters arising under Part IV.

    Legislative History

    This subsection is similar to subsection 96(1) of the repealed Ontario Municipal Board Act.

 


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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