The Wood Bull Guides

Part VI: Practice and Procedure, Regulations (s.43 to 44)

Click here to expand all subsections below or click on the individual subsection to expand/collapse the details for that subsection

  • 43(1) REGULATIONS

    43 (1) The Minister may make regulations,

    (a) governing the practices and procedures of the Tribunal, including prescribing the conduct and format of hearings, practices regarding the admission of evidence and the format of decisions;

    (b) providing for multi-member panels to hear proceedings before the Tribunal and governing the composition of such panels; and

    (c) prescribing timelines applicable to proceedings on appeals to the Tribunal under the Planning Act.

    Related Regulations

    See O. Reg. 102/81: PLANNING ACT APPEALS, which:

    • 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.

  • 43(2) TRANSITIONAL

    43(2) The Minister may make regulations providing for transitional matters respecting matters and proceedings that were commenced before or after the effective date.

    Related Regulations
  • 43(3) SAME

    43(3) A regulation made under subsection (2) may, without limitation,

    (a) determine which classes of matters and types of proceedings may be continued and disposed of under the Ontario Municipal Board Act, as it read on the day before the effective date, and which classes of matters and types of proceedings must be continued and disposed of under this Act, as it read on the effective date;

    (b) deem a matter or proceeding to have been commenced on the date or in the circumstances specified in the regulation.

    Related Regulations

    O. Reg. 101/18: TRANSITIONAL MATTERS, identifies which matters and proceedings shall be continued and disposed of in accordance with the Ontario Municipal Board Act as it read on 2 April 2018, and which matters and proceedings shall be continued and disposed of in accordance with the LPAT Act and the regulations made under the LPAT Act.

  • 43(4) CONFLICT

    43(4) A regulation made under subsection (2) prevails over any provision of this Act specifically mentioned in the regulation.

  • 43(5) DEFINITION

    43(5)  In this section,

    “effective date” means the date on which section 1 of the Local Planning Appeal Tribunal Act, 2017 comes into force.

  • 44 REGULATIONS RE COSTS

    44 The Lieutenant Governor in Council may make regulations governing the fixing of costs by the Tribunal under subsection 33 (4).

 


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. 

Table of Contents

 

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.  

65 Queen St. West Suite 1400, Toronto, ON M5H 2M5
Wood Bull LLP Logo
Law Firm Marketing | Cubicle Fugitive