The Wood Bull Guides

Section 8.1 [Local Appeal Body]

Subsections amended and added by Bill 139 are marked below with (*), except for administrative amendments.

Bill 139 introduced amendments to permit the Council of a municipality to pass a by-law to empower a local appeal body established by the municipality to hear the following additional appeals and/or motions for directions:

  • a motion for directions to the local appeal body to have it determine whether a matter is subject to site plan control (s.41(4.2)); 

  • an appeal to the local appeal body of a municipality’s failure to approve plans or drawings submitted in connection with a site plan application within 30 days after they are submitted to the municipality (s.41(12)); 

  • an appeal to the local appeal body if the owner is not satisfied with any 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 (s.41(12.0.1)); and

  • a motion for directions to the local appeal body to have it determine whether an application for consent is complete, including whether it is reasonable for the Council to require any non-prescribed information or material (s. 53(4.1)).


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

  • 8.1(1) LOCAL APPEAL BODY

    8.1(1) If a municipality meets the prescribed conditions, the council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the council considers advisable, subject to subsections (3), (4) and (5).  2006, c. 23, s. 7.

    Related Regulations
  • 8.1(2) LOCAL AND UPPER-TIER MUNICIPALITIES

    8.1(2) For greater certainty, this section applies to both local and upper-tier municipalities.  2006, c. 23, s. 7.

  • 8.1(3) TERMS AND QUALIFICATIONS

    8.1(3) A person who is appointed to the local appeal body,

    (a) shall serve for the prescribed term, or if no term is prescribed, for the term specified in the by-law; and

    (b) shall have the prescribed qualifications, if any.  2006, c. 23, s. 7.

  • 8.1(4) ELIGIBILITY CRITERIA

    8.1(4) In appointing persons to the local appeal body, the council shall have regard to any prescribed eligibility criteria.  2006, c. 23, s. 7.

  • 8.1(5) RESTRICTION

    8.1(5) The council shall not appoint to the local appeal body a person who is,

    (a) an employee of the municipality;

    (b) a member of a municipal council, land division committee, committee of adjustment, planning board or planning advisory committee; or

    (c) a member of a prescribed class.  2006, c. 23, s. 7.

  • 8.1(6) POWER TO HEAR APPEALS, ETC. (*)

    8.1(6) The council may by by-law empower the local appeal body to hear appeals or motions for directions, as the case maybe, under,

    a) subsections 41 (4.2), (12) and (12.0.1);

    b) subsection 45 (12);

    c) subsections 53 (4.1), (14), (19) and (27); or

    d) the provisions listed in any combination of clauses (a), (b) and (c).  2006, c. 23, s. 7; 2017, c. 23, Sched. 3, s. 4 (1).

    Legislative History

    Bill 139 amended this subsection to include motions for directions and added the references in clause a) regarding site plan control and the reference to subsection 53(4.1) in clause c).

    Related Sections

    The local appeal body may be empowered to hear:

    • motions for directions regarding the scope of site plan control (s.41(4.2))

    • appeals of the failure to make a decision, or approval of conditions on site plans (s.41(12) and (12.0.1));

    • appeals of minor variances and other section 45 decisions of the committee of adjustment (s.45(12));

    • motions for directions regarding the materials and information for consent applications (s.53(4.1));

    • appeals of a decision, conditions imposed, failure to make a decision, or changed condition on a consent application (s.53(14), (19) and (27)).

    Related Regulations Wood Bull Commentary

    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))

  • 8.1(6.1) INTERPRETATION RE APPEALS [Motion for Directions] (*)

    8.1(6.1) The following rules apply if a by-law has been passed under subsection (6) empowering the local appeal body to hear motions for directions under subsection 41 (4.2) or 53 (4.1), or both:

    1. References in this section to an appeal, other than in subsection (10), shall be read as including a reference to a motion for directions under either subsection 41 (4.2) or 53 (4.1), or both, as the case may be.

    2. The reference in subsection (9) to an appellant shall be read as including a reference to a person or public body making a motion for directions under either subsection 41 (4.2) or 53 (4.1), or both, as the case may be.  2017, c. 23, Sched. 3, s. 4 (1).

    Legislative History

    This subsection was introduced through Bill 139.

    Related Sections

    The above rules apply to motions for directions regarding:

    • the scope of site plan control (s.41(4.2)); and

    • the materials and information for consent applications(s.53(4.1)).

  • 8.1(7) EFFECT OF BY-LAW UNDER SUBS. (6)

    8.1(7) If a by-law has been passed under subsection (6),

    (a) the local appeal body has all the powers and duties of the Tribunal under the relevant provisions of this Act;

    (b) all references in this Act to the Tribunal in connection with appeals under the relevant provisions shall be read as references to the local appeal body; and

    (c) appeals under the relevant provisions shall be made to the local appeal body, not to the Tribunal.  2006, c. 23, s. 7; 2017, c. 23, Sched. 3, s. 4 (2).

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” with the words “the Tribunal”.  

  • 8.1(8) PRESCRIBED REQUIREMENTS

    8.1(8) The local appeal body shall comply with any prescribed requirements including, without limitation, requirements for the rules governing the practice and procedure before the local appeal body.  2006, c. 23, s. 7.

    Related Regulations
  • 8.1(9) FEE

    8.1(9) An appellant shall pay to the local appeal body any fee that the council establishes by by-law.  2006, c. 23, s. 7.

  • 8.1(10) APPEAL

    8.1(10) An appeal lies from the local appeal body to the Divisional Court, with leave of the Divisional Court, on a question of law.  2006, c. 23, s. 7.

  • 8.1(11) EXCEPTION (*)

    8.1(11) Subsection (10) does not apply in respect of a motion for directions under subsection 41 (4.2) or 53 (4.1).  2017, c. 23, Sched. 3, s. 4 (3).

    Legislative History

    This subsection was introduced by Bill 139.  

    Bill 139 repealed s.8.1(11), which read:

    Saving

    For greater certainty, the local appeal body does not have power to make determinations under subsection 53 (4.1).

    Bill 139 amended s.8.1(6) to allow Council to empower the local appeal body to hear motions under s.53(4.1).

    Related Sections

    Subsection (10) does not apply to motions for directions regarding:

    • the scope of site plan control (s.41(4.2))

    • the materials and information for consent applications(s.53(4.1)).

    This is consistent with motions for directions heard by the Tribunal (s.41(4.3) and s.53(4.2)).

  • 8.1(12) EXCEPTION, RELATED APPEALS

    8.1(12) Despite subsection (7), an appeal under a provision listed in subsection (6) shall be made to the Tribunal, not to the local appeal body, if a related appeal,

    (a) has previously been made to the Tribunal and has not yet been finally disposed of; or

    (b) is made to the Tribunal together with the appeal under a provision listed in subsection (6). 2006, c. 23, s. 7; 2017, c. 23, Sched. 5, s. 84 (1). 

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” with the words “the Tribunal”.

  • 8.1(13) SAME (*)

    8.1(13) For the purposes of subsections (12) and (16), an appeal is a related appeal with respect to an appeal under a provision listed in subsection (6) if it is made,

    (a) in respect of the same matter as the appeal under a provision listed in subsection (6); and

    (b) under another provision listed in subsection (6) in respect of which the local appeal body has not been empowered, under section 17, 22, 34, 36, 38  or 51 or in relation to a development permit system.  2006, c. 23, s. 7; 2017, c. 23, Sched. 3, s. 4 (4).

    Legislative History

    Bill 139 amended this subsection by adding "under another provision listed in subsection (6) in respect of which the local appeal body has not been empowered" in clause (b) and deleting the reference to section 41 in that clause, as Bill 139 amends subsection (6) to include section 41.

    Related Sections

    Related appeals, include appeals of:

    • official plan and official plan amendments  (s.17 and s.22

    • zoning by-law amendments (s.34)

    • removal of holding provisions (s.36

    • interim control by-laws (s.38)

    • plans of subdivision (s.51)

    and appeals under another provision listed in subsection 8.1(6) in respect of which the local appeal body has not been empowered.

    Wood Bull Commentary

    The description of "related appeal" has been revised to include appeals of matters that Council is authorized to empower the local appeal body to hear but where Council has not passed such a by-law.

  • 8.1(14) DISPUTE

    8.1(14) A person may make a motion for directions to have the Tribunal determine a dispute about whether subsection (12) or (16) applies to an appeal.  2006, c. 23, s. 7; 2017, c. 23, Sched. 5, s. 84 (1).

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” with the words “the Tribunal”. 

  • 8.1(15) FINAL DETERMINATION

    8.1(15) The Tribunal’s determination under subsection (14) is not subject to appeal or review.  2006, c. 23, s. 7; 2017, c. 23, Sched. 5, s. 84 (1).

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” with the words “the Tribunal”. 

  • 8.1(16) L.P.A.T. TO ASSUME JURISDICTION (*)

    8.1(16) If an appeal has been made to a local appeal body under a provision listed in subsection (6) but no hearing has begun, and a notice of appeal is filed with the Tribunal in respect of a related appeal, the Tribunal shall assume jurisdiction to hear the first-mentioned appeal.  2006, c. 23, s. 7; 2017, c. 23, Sched. 3, s. 4 (5).

    Legislative History

    Prior to Bill 139, this subsection did not specify that the related appeal is filed with the Municipal Board.  Bill 139 amended this subsection to clarify that this is regarding a related appeal filed with the Tribunal.

  • 8.1(17) SAME

    8.1(17) When the Tribunal assumes jurisdiction as described in subsection (16), the local appeal body,

    (a) shall immediately forward to the Tribunal all information and material in its possession that relates to the appeal; and

    (b) shall not take any further action with respect to the appeal.  2006, c. 23, s. 7; 2017, c. 23, Sched. 5, s. 84 (1).

    Legislative History

    Bill 139 amended this subsection by replacing the words “the Municipal Board” and “the Board” with the words “the Tribunal”.

  • 8.1(18) WITHDRAWAL OF POWER

    8.1(18) The Minister may by order, accompanied by a written explanation for it, withdraw the power given to a local appeal body under subsections (6) and (7), and the order may be in respect of the appeals specified in the order, subject to subsection (19), or in respect of any or all appeals made after the order is made.  2006, c. 23, s. 7.

  • 8.1(19) EXCEPTION

    8.1(19) An order made under subsection (18) does not apply to an appeal if the hearing before the local appeal body has begun on or before the date of the order.  2006, c. 23, s. 7.

 


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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