This subsection details what matters a municipality may by by-law empower a local appeal body to hear. A municipality continues to be authorized to empower a local appeal body to hear minor variance appeals and/or consent appeals.
Post Bill 139 a municipality is authorized to empower a local appeal body to hear appeals of the following:
(a) a failure to approve plans or drawings submitted in connection with a site plan application within 30 days after they are submitted to the municipality; and/or
(b) a requirement imposed on a site plan application by a municipality or upper-tier municipality, or with any part thereof, including the terms of any agreement required.
Post Bill 139 a municipality is also authorized to empower a local appeal body to hear motions for directions to determine whether a matter is subject to site plan control and/or whether an application for consent is complete including whether it is reasonable for Council to require any non-prescribed information and materials.
The provincial government's stated intent for expanding the local appeal bodies' power to include site plan matters is to move to “…a place where, by scoping out a significant number of issues and files that currently can be appealed to the OMB, we will put in place a more efficient system that shows deference to local decision-making and that will expedite getting these projects into the community sooner”. (Ontario, Legislative Assembly, Hansard, No. SP-25 (16 October 2017) at 530 (Hon. Bill Mauro))