The Wood Bull Guides

Section 17, Subsections (42) to (54) [Official Plan Appeal Process, New Municipal Decisions and Second Appeals]

Subsections 17(42) through (54) establish the new framework under which appeals of official plans and official plan amendments made pursuant to subsections 17(24) and (36) are processed under the post-Bill 139 Planning Act.  The amended appeal process does not apply to an appeal of a non-decision by an approval authority pursuant to subsection 17(40).

A dismissal is mandatory under subsection 17(45) where the Tribunal has determined that an appeal is not valid.  The grounds for dismissal include the failure to provide the requisite explanation in the notice of appeal, which reflects the restrictive basis for appeal in subsections 17(25) and (37).

New subsections 17(49.1) through (49.9) establish the powers of the Tribunal on appeals made pursuant to subsections 17(24) and (36).

First Appeal:  The Tribunal must dismiss the appeal, unless the Tribunal determines that a municipality’s decision is inconsistent with a provincial policy statement, fails to conform with or conflicts with a provincial plan or, where applicable, fails to conform with an upper-tier official plan.  Where the Tribunal makes such a determination, the Tribunal shall refuse to approve that part of the official plan or official plan amendment and shall provide the municipality with the opportunity to make a new decision on the matter.

Second Appeal: On an appeal of a new decision that the municipality was given an opportunity to make, the Tribunal has the power to modify and approve, or refuse to approve, all or part of the official plan or official plan amendment, if the Tribunal determines that the decision is inconsistent with a provincial policy statement, fails to conform with or conflicts with a provincial plan or, where applicable, fails to conform with an upper-tier official plan.

Revised Plan: With the consent of all specified parties, a revised plan may be presented to the Tribunal for approval at the first appeal and/or second appeal stage.

The amended appeal process does not apply to an appeal of a non-decision by an approval authority pursuant to subsection 17(40) or when the Minister has notified the Tribunal of provincial interest in a matter.  In those instances, the Tribunal retains the power at first instance to approve, modify and approve, or refuse to approve, all or part of the official plan or official plan amendment.


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

  • 17(42) DOCUMENTS TO L.P.A.T. [Appeals under s.17(36)/17(40)]

    17(42) If an approval authority receives a notice of appeal under subsection (36) or (40), it shall ensure that,

    (a) a record is compiled which includes the prescribed information and material;

    (b) the record, notice of appeal and the fee charged by the Local Planning Appeal Tribunal Act, 2017 are forwarded to the Tribunal within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, as the case may be; and

    (c) such other information or material as the Tribunal may require in respect of the appeal is forwarded to the Tribunal. 1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 87 (3).

    Legislative History

    Bill 139 amended this subsection by (1) replacing the words “the Municipal Board” and “the Board” with the words “the Tribunal”, (2) replacing the words “the fee prescribed under the Ontario Municipal Board Act” with the words “the fee charged under the Local Planning Appeal Tribunal Act, 2017” and (3) replacing “O.M.B.” in the title with “L.P.A.T.”. 

    Related Regulations

    O. Reg. 543/06: OFFICIAL PLANS AND PLAN AMENDMENTS, s.9 re Record compiled by approval authority for Tribunal

    Related Tribunal Rules

    Rules of Practice and Procedure:

    Rule 26.04 Enhanced Municipal Record When an appeal is filed with the municipality or approval authority in a proceeding to which the rules of Part II apply, the municipality or approval authority shall prepare a municipal record as prescribed by regulation under the Planning Act and in accordance with Rule 5.04., and in addition to those requirements, shall organize the record of documents and materials in chronological order with a contents page(s) outlining the title or a concise description of each entry separated by tabs and capable of being copied and bound or secured in a binder(s). The municipality or approval authority shall provide a paper copy of the municipal record to the Tribunal, as well as one electronic copy (pursuant to Rule 7.01). The municipality or approval authority shall also provide one electronic copy to each person who has filed an appeal, and shall maintain one paper copy with the clerk of the municipality, which shall be available for inspection by any person or copied at a reasonable cost during business hours.

  • 17(42.1) EXCEPTION

    17(42.1) Despite clause (42) (b), if all appeals in respect of all or part of the plan are withdrawn within 15 days after the last day for filing a notice of appeal under subsection (36) or within 15 days after the notice of appeal under subsection (40) was filed, the approval authority is not required to forward the materials described under clauses (42) (b) and (c) to the Tribunal.  1999, c. 12, Sched. M, s. 22 (3); 2017, c. 23, Sched. 5, s. 87 (4).

    Legislative History

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

  • 17(42.2) APPEALS WITHDRAWN, DECISION [S.17(36) Appeals]

    17(42.2) If all appeals made under subsection (36) in respect of all or part of the decision of the approval authority are withdrawn within 15 days after the last day for filing a notice of appeal, clauses (39) (a) and (b) apply.  1999, c. 12, Sched. M, s. 22 (3).

  • 17(42.3) APPEALS WITHDRAWN, PLAN [S.17(40) Appeals]

    17(42.3) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn within 15 days after the first notice of appeal under subsection (40) was filed, the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be.  1999, c. 12, Sched. M, s. 22 (3); 2015, c. 26, s. 18 (18).

  • 17(43) APPEALS WITHDRAWN [S.17(40) Appeals]

    17(43) If all appeals under subsection (40) with respect to all or part of a plan are withdrawn, the Tribunal shall notify the approval authority and the approval authority may proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be.  1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 80.

    Legislative History

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

  • 17(44) HEARING

    17(44) On an appeal to the Tribunal, the Tribunal shall hold a hearing of which notice shall be given to such persons or such public bodies and in such manner as the Tribunal may determine.  1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 87 (5).

    Legislative History

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

    Related Tribunal Rules

    Rules of Practice and Procedure: see Rules 26.11 to 26.26 regarding the process prior to and at Tribunal hearings.

  • 17(44.1) RESTRICTION RE ADDING PARTIES

    17(44.1) Despite subsection (44), in the case of an appeal under subsection (24) or (36), only the following may be added as parties:

    1. A person or public body who satisfies one of the conditions set out in subsection (44.2).

    2. The Minister.

    3. The appropriate approval authority. 2006, c. 23, s. 9 (7).

  • 17(44.2) SAME

    17(44.2) The conditions mentioned in paragraph 1 of subsection (44.1) are:

    1. Before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council.

    2. The Tribunal is of the opinion that there are reasonable grounds to add the person or public body as a party.  2006, c. 23, s. 9 (7); 2017, c. 23, Sched. 5, s. 80.

    Legislative History

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

  • 17(44.3)-(44.6) REPEALED (*)

    17(44.3)-(44.6) Repealed: 2017, c. 23, Sched. 3, s. 6 (19).

    Legislative History

    Bill 139 repealed the following subsections:

    New evidence at hearing

    (44.3) This subsection applies if information and material that is presented at the hearing of an appeal under subsection (24) or (36) was not provided to the municipality before the council made the decision that is the subject of the appeal.  

    Same

    (44.4) When subsection (44.3) applies, the Municipal Board may, on its own initiative or on a motion by the municipality or any party, consider whether the information and material could have materially affected the council’s decision and, if the Board determines that it could have done so, it shall not be admitted into evidence until subsection (44.5) has been complied with and the prescribed time period has elapsed.  

    Notice to council

    (44.5) The Municipal Board shall notify the council that it is being given an opportunity to,

    (a) reconsider its decision in light of the information and material; and

    (b) make a written recommendation to the Board.  

    Council’s recommendation

    (44.6) The Municipal Board shall have regard to the council’s recommendation if it is received within the time period referred to in subsection (44.4), and may but is not required to do so if it is received afterwards.

    This repeal will come into force on a day to be named by proclamation of the Lieutenant Governor.

    Related Sections

    Parallel subsections: zoning by-laws and amendments (s.34(24.3) to (24.6)), which subsections were also repealed by Bill 139

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act

    Wood Bull Commentary

    Subsections 17(44.3) to (44.6) have been repealed in their entirety by Bill 139.  Those subsections allowed the Ontario Municipal Board to give a municipal council the opportunity to reconsider a decision it made in light of information and material presented at the hearing of an appeal that was not before the council at the time of its decision and to make a recommendation to the Board in that regard.

    Subsection 42(3)(b) of the new Local Planning Appeal Tribunal Act, 2017 provides that, in respect of some oral hearings for official plan matters (exceptions include some appeals of new decisions), no party or person may adduce evidence or call or examine witnesses.  This  new subsection may have rendered subsections 17(44.3) to (44.6) of the pre Bill-139 Planning Act largely moot.

  • 17(44.7) CONFLICT WITH SPPA [Re Adding Parties] (*)

    17(44.7) Subsections (44.1) to (44.2) apply despite the Statutory Powers Procedure Act.  2006, c. 23, s. 9 (7); 2017, c. 23, Sched. 3, s. 6 (20).

    Legislative History

    Bill 139 amended this subsection to remove reference to subsections 17(44.2) to (44.6), which were repealed by Bill 139.

    Related Statutes

    Section 5 of the Statutory Powers Procedures Act:

    Parties

    5. The parties to a proceeding shall be the persons specified as parties by or under the statute under which the proceeding arises or, if not so specified, persons entitled by law to be parties to the proceeding.

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act

  • 17(45) DISMISSAL WITHOUT HEARING (*)

    17(45) Despite the Statutory Powers Procedure Act and subsection (44), the Tribunal shall dismiss all or part of an appeal without holding a hearing on its own initiative or on the motion of any party if any of the following apply:

    1. The Tribunal is of the opinion that,

    i. the explanation required by clause (25) (b) or (37) (b), as the case may be, does not disclose that the part of the decision to which the notice of appeal relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan, or in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality’s official plan,

    ii. the appeal is not made in good faith or is frivolous or vexatious,

    iii. the appeal is made only for the purpose of delay, or

    iv. the appellant has persistently and without reasonable grounds commenced before the Tribunal proceedings that constitute an abuse of process.

    2. The appellant has not provided the explanations required by clause (25) (b) or (37) (b), as applicable.

    3. The appellant has not paid the fee charged under the Local Planning Appeal Tribunal Act, 2017 and has not responded to a request by the Tribunal to pay the fee within the time specified by the Tribunal.

    4. The appellant has not responded to a request by the Tribunal for further information within the time specified by the Tribunal.  1996, c. 4, s. 9; 2006, c. 23, s. 9 (8-10); 2015, c. 26, s. 18 (19); 2017, c. 23, Sched. 3, s. 6 (21).

    Legislative History

    Bill 139 amended this subsection with the following:

    • replacing the words "the Municipal Board may dismiss"  with the words "the Tribunal shall dismiss"

    • adding subparagraph 1.i. and paragraph 2 

    • deleting clause (a)(i): "the reasons set out in the notice of appeal do not disclose any apparent land use planning ground upon which the plan or part of the plan that is the subject of the appeal could be approved or refused by the Board" 

    • deleting clause (c.1): "the appellant intends to argue a matter mentioned in subsection (25.1) or (37.1) but has not provided the explanations required by that subsection;"

    • replacing the words “the Municipal Board” and “the  Board” with the words “the Tribunal” and replacing the words “the fee prescribed under the Ontario Municipal Board Act” with the words “the fee charged under the Local Planning Appeal Tribunal Act, 2017

    Related Sections

    An explanation of the grounds of appeal is required to be set out in a notice of appeal:

    • exempt official plans and official plan amendments (s.17(25)(b))

    • non-exempt official plans and official plan amendments (s.17(37)(b))

    Parallel subsections:

    Related Statutes

    Section 4.6 of the Statutory Powers Procedure Act allows a tribunal to dismiss a proceeding without a hearing and prescribes notice and other requirements that must be met before a proceeding can be so dismissed.

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act

    Related Tribunal Rules

    Rules of Practice and Procedure:

    Rule 26.05 Preliminary Screening of the Notice of Appeal The Tribunal shall, within 10 days of the Registrar’s acknowledgement of receipt of a notice of appeal, undertake a screening to make a preliminary determination of the validity of the notice of appeal, and shall thereafter advise the person who filed the notice, and the municipality and the approval authority, of the result of this screening exercise.

    Rule 26.06 Dispute as to a Valid Appeal Where the screening has made a preliminary determination that a notice of appeal is valid, the municipality, the approval authority or a party including a person whose application is the subject of the appeal, if they wish to challenge that preliminary determination, may request a date for a motion from the Tribunal, with notice to the Appellant, to set aside the validation of the notice of appeal and to seek an order to dismiss the appeal without a hearing. The requirements in Rule 10 will apply to the motion.

    Rule 26.07 Tribunal Member May Initiate a Motion A Member may initiate a motion, at any time in a proceeding, and direct the municipality, approval authority or a party including a person whose application is the subject of the appeal, to file and exchange submissions necessary for the Tribunal to inquire into the matter of its jurisdiction over the matter raised in the notice of appeal.

    Rule 26.08 Dispute as to a Not Valid Appeal Where the Tribunal has made a preliminary determination that an appeal is not valid, the Tribunal shall notify the person who filed the appeal. A person so notified may within 15 days make a written motion to the Tribunal under Rule 10, challenging the preliminary determination that an appeal is not valid and shall provide the motion materials to the municipality, approval authority and any other Appellants. The requirements in Rule 10 will apply to this motion.

    Rule 26.09 The Effect of a Ruling under RULE 26.06, RULE 26.07 and RULE 26.08 In the event the Tribunal makes a determination that an appeal is not valid, the appeal is dismissed. In the event the Tribunal sets aside the preliminary determination and finds that the appeal is valid, the appeal will proceed in accordance with the process outlined by these Rules.

    Wood Bull Commentary

    Subsection 17(45) has been amended by Bill 139 to make the dismissal of an appeal without holding a hearing mandatory on certain grounds, whereas it was previously discretionary.  The grounds for dismissal identified in the subsection are similar in principle to those identified in the pre-Bill 139 Planning Act, and in that context, some case law decided under the pre-Bill 139 Planning Act may remain relevant or helpful. 

    One new ground for dismissal has been added, being the failure of an appellant to provide the requisite explanations in the notice of appeal.  In the post-Bill 139 Planning Act, an appellant is required in all notices of appeal to explain how the part of the decision being appealed is inconsistent with a provincial policy statement or fails to conform with or conflicts with a provincial plan or upper-tier official plan (see s.17(25)(b) and (37)(b)).

    As set out in paragraph 2 of this subsection, if an appellant fails to provide this explanation in the notice of appeal, the Tribunal must dismiss the appeal without holding a hearing.  Additionally, as set out subparagraph 1.i., if the explanation provided in the notice of appeal does not disclose that the part of the decision under appeal is inconsistent with a provincial policy statement or fails to conform with or conflicts with a provincial plan or upper-tier official plan, the Tribunal must dismiss the appeal without holding a hearing.  

    As noted above, other grounds for dismissal that appeared in the pre-Bill 139 Planning Act remain in the post-Bill 139 Planning Act.

  • 17(45.1) SAME [Substantially Different Application]

    17(45.1) Despite the Statutory Powers Procedure Act and subsection (44), the Tribunal may, on its own initiative or on the motion of the municipality, the appropriate approval authority or the Minister, dismiss all or part of an appeal without holding a hearing if, in the Tribunal’s opinion, the application to which the appeal relates is substantially different from the application that was before council at the time of its decision.  2006, c. 23, s. 9 (11); 2017, c. 23, Sched. 5, s. 87 (5).

    Legislative History

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

  • 17(46) REPRESENTATION

    17(46) Before dismissing all or part of an appeal, the Tribunal shall notify the appellant and give the appellant the opportunity to make representation on the proposed dismissal but this subsection does not apply if the appellant has not complied with a request made under paragraph 3 or 4 of subsection (45).  2000, c. 26, Sched. K, s. 5 (1); 2017, c. 23, Sched. 3, s. 6 (22).

    Legislative History

    Bill 139 amended this subsection to add reference to "paragraphs 3 or 4" and by replacing the words “the Municipal Board” with the words “the Tribunal”. 

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act

  • 17(46.1) DISMISSAL

    17(46.1) Despite the Statutory Powers Procedure Act, the Tribunal may dismiss all or part of an appeal after holding a hearing or without holding a hearing on the motion under subsection (45) or (45.1), as it considers appropriate.  2006, c. 23, s. 9 (12); 2017, c. 23, Sched. 5, s. 87 (5).

    Legislative History

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

  • 17(47) DISMISSAL [s.17(24) and (36) Appeals]

    17(47) If the Tribunal dismisses all appeals made under subsection (24) or (36) in respect of all or part of a decision without holding a hearing and if the time for filing notices of appeal has expired, the Tribunal shall notify the clerk of the municipality or the approval authority and,

    (a) the decision or that part of the decision that was the subject of the appeal is final; and

    (b) any plan or part of the plan that was adopted or approved and in respect of which all the appeals have been dismissed comes into effect as an official plan or part of an official plan on the day after the day the last outstanding appeal has been dismissed.  1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 87 (5).

    Legislative History

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

  • 17(48) SAME [Dismissal of s.40 Appeals]

    17(48) If the Tribunal dismisses an appeal under subsection (40) without holding a hearing and if there is no other appeal in respect of the same matter, the Tribunal shall notify the approval authority and the approval authority may then proceed to make a decision under subsection (34) in respect of all or part of the plan, as the case may be.  1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 87 (5).

    Legislative History

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

  • 17(49) TRANSFER (*)

    17(49) If a notice of appeal under subsection (40) is received by the  Tribunal, the Tribunal may require that a municipality or approval authority transfer to the Tribunal any other part of the plan that is not in effect and to which the notice of appeal does not apply.  1996, c. 4, s. 9; 2017, c. 23, Sched. 3, s. 6 (23).

    Legislative History

    Bill 139 amended this subsection by removing reference to appeals under subsections 17(24) and (36) and by replacing the words “the Municipal Board” with the words “the Tribunal”. 

    Related Sections

    An appeal under s.17(40) relates to an appeal of the failure of an approval authority to make decision on an official plan within the required time period.

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act

    Wood Bull Commentary

    Subsection 17(49) of the pre-Bill 139 Planning Act applied to appeals of municipal decisions to adopt official plans or official plan amendments (s.17(24)), or a decision or lack of decision by an approval authority in respect of an official plan or official plan amendment (s.17(36) or s.17(40)).  It gave the Ontario Municipal Board the power to require a municipality or approval authority to transfer to the Board any other part of the plan which was not in effect and to which the notice of appeal did not apply.

    In the post-Bill 139 form Planning Act, the Tribunal only has the power to require this transfer on a non-decision by an approval authority (s.17(40)).

  • 17(49.1) POWERS OF L.P.A.T.- APPEALS UNDER SUBSS. (24) AND (36) (*)

    17(49.1) Subject to subsections (49.3) to (49.9), after holding a hearing on an appeal under subsection (24) or (36), the Tribunal shall dismiss the appeal.  2017, c. 23, Sched. 3, s. 6 (24).

    Legislative History

    This subsection was introduced by Bill 139.

    Related Sections

    This subsection applies to appeals of: 

    • an adoption of an exempt official plan or official plan amendment (s.17(24))

    • the decision of an approval authority on a non-exempt official plan or official plan amendment (s.17(36))

    Parallel subsections:

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act

    Wood Bull Commentary

    Subsection 17(49.1) establishes the requirement that the Tribunal dismiss all appeals made pursuant to subsections 17(24) and (36) after holding a hearing, save and except where specifically prescribed by subsections 17(49.3) to (49.9).  The new appeal framework established by subsection 17(49.3) to (49.9) does not apply to an appeal to the Tribunal for a non-decision by an approval authority pursuant to subsection 17(40).

    This legislative structure starkly contrasts that of the pre-Bill 139 Planning Act, which on an appeal gave the Ontario Municipal Board broad powers to approve, modify or refuse all or part of the plan (see subsection 17(50) of the pre-Bill 139 Planning Act).

    In the context of a first appeal, the only instances in which the Tribunal is not required to dismiss an appeal are when:

    a) the Tribunal determines that part of a decision to which a notice of appeal relates is inconsistent with a provincial policy statement or fails to conform with or conflict with a provincial plan or upper-tier official plan, in which case the Tribunal must refuse to approve that par t of the plan and give the opportunity to the municipality to make a new decision in respect of the matter (see s.17(49.3)), or

    b) a revised plan is presented to the Tribunal with the consent of all of the parties specified by the Act, which plan is consistent with all applicable provincial policy statements, and conforms with all applicable provincial plans and upper-tier official plans, in which case the Tribunal must approve the plan (see s.17(49.4)), or

    c) a revised plan is presented to the Tribunal with the consent of all of the parties specified by the Act, parts of which the Tribunal determines are inconsistent with a provincial policy statement or fails to conform with or conflict with a provincial plan or upper-tier official plan, in which case the Tribunal must refuse those parts of the plan and notify the municipality that it is being given an opportunity to make a new decision in respect of the matter (s.17(49.4) and (49.5)).

    In all other instances, the Tribunal must dismiss the appeal pursuant to subsection 17(49.1).

    In the context of a second appeal, the only instances in which the Tribunal is not required to dismiss an appeal are when:

    a) the Tribunal determines that part of a decision to which a notice of appeal relates is inconsistent with a provincial policy statement or fails to conform with or conflict with a provincial plan or upper-tier official plan, in which case the Tribunal may modify all or part of the plan and approve all or part of the plan as modified or refuse all or part of the plan (see s.17(49.7)), or

    b) a revised plan is presented to the Tribunal with the consent of all of the parties specified by the Act, which plan is consistent with all applicable provincial policy statements, and conforms with all applicable provincial plans and upper-tier official plans, in which case the Tribunal must approve the plan (see s.17(49.8)), or

    c) a revised plan is presented to the Tribunal with the consent of all of the parties specified by the Act, parts of which the Tribunal determines are inconsistent with a provincial policy statement or fails to conform with or conflict with a provincial plan or upper-tier official plan, in which case the Tribunal may modify that part of the revised plan and approve it as modified or refuse all or part of the revised plan (see s.17(49.8) and (49.9)).

    In all other instances, the Tribunal must dismiss the appeal pursuant to subsection 17(49.1).

  • 17(49.2) SAME (*)

    (49.2) If the Tribunal dismisses all appeals made under subsection (24) or (36) in respect of all or part of a decision after holding a hearing, the Tribunal shall notify the clerk of the municipality or the approval authority and,

    (a) the decision or that part of the decision that was the subject of the appeal is final; and

    (b) the plan or part of the plan that was adopted or approved and in respect of which all the appeals have been dismissed comes into effect as an official plan or part of an official plan on the day after the day the last outstanding appeal has been dismissed.  2017, c. 23, Sched. 3, s. 6 (24).

    Legislative History

    This subsection was introduced by Bill 139.

    Related Sections

    This subsection applies to appeals of: 

    • an adoption of an exempt official plan or official plan amendment (s.17(24))

    • the decision of an approval authority on a non-exempt official plan or official plan amendment (s.17(36))

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act

    Wood Bull Commentary

    Subsection 17(49.2) provides that where all subsection 17(24) and (36) appeals are dismissed after holding a hearing, the decision that was the subject of the appeal is final and the subject official plan or official plan amendment come into effect the day after the last outstanding appeal has been dismissed.

    Subsection 17(47) applies in instances where all appeals are dismissed without holding a hearing on a motion under subsection 17(45) or (45.1).

  • 17(49.3) REFUSAL AND NOTICE TO MAKE NEW DECISION (*)

    (49.3) Unless subsection (49.4), (49.7) or (49.8) applies, if the Tribunal determines that a part of a decision to which a notice of appeal under subsection (24) or (36) relates is inconsistent with a policy statement issued under subsection 3 (1), fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality's official plan,

    (a) the Tribunal shall refuse to approve that part of the plan; and

    (b) the Tribunal shall notify the clerk of the municipality that adopted the official plan that the municipality is being given an opportunity to make a new decision in respect of the matter. 2017, c. 23, Sched. 3, s. 6 (24).

    Legislative History

    This subsection was introduced by Bill 139.

    Related Sections

    This subsection relates to appeals of: 

    • an adoption of an exempt official plan or official plan amendment (s.17(24))

    • the decision of an approval authority on a non-exempt official plan or official plan amendment (s.17(36))

    This subsection does not apply where:

    • a revised plan is presented to the Tribunal with the consent of all of the prescribed parties (s.17(49.4) or (49.8))

    • a municipality was given an opportunity to make a new decision, on an appeal (second appeal) (s.17(49.7))

    Parallel subsections:

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg 67/18): TRANSITIONAL MATTERS — GENERAL, s.19 Appeal re official plan, notice given under s. 17 (23) of the Act and s.20 Appeal re official plan, notice given under s. 17 (35) of the Act

    Related Tribunal Rules

    Rules of Practice and Procedure:

    Rule 27.01 Identification of Failure of Consistency or Conformity Where the Tribunal has determined in the appeal before it that there is a lack of consistency with a policy statement issued under subsection 3(1) of the Planning Act or a failure to conform with, or a conflict with, a provincial plan or applicable official plan, the Tribunal will set forth in a written decision its specific findings in that regard, which decision shall be issued and delivered to the Municipal Council/Approval Authority and the other parties to the appeal.

    Rule 27.02 Identification of Options to Achieve Compliance In the written decision referred to in Rule 27.01, the Tribunal may, but is not obliged to, identify one or more options to remedy the inconsistency or conflict or lack of conformity.

    Wood Bull Commentary

    Subsection 17(49.3) is one of the exceptions to the requirement that the Tribunal dismiss an appeal after holding a hearing. 

    This subsection provides that if the Tribunal determines that part of the decision to which the notice of appeal relates is inconsistent with a provincial policy statement or fails to conform  or conflicts with a provincial plan or an upper-tier official plan, the Tribunal must (instead of dismissing the appeal) refuse to approve that part of the plan and notify the municipality that it is being given an opportunity to make a new decision in respect of the matter.

    At this stage, the Tribunal has no power to approve or modify the official plan or official plan amendment. 

    If the Tribunal finds the decision is consistent with all applicable provincial policy statements and conforms with all applicable provincial plans and upper-tier official plans, the appeal must be dismissed pursuant to subsection 17(49.1).

 


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