The notice of appeal must explain how the part of the decision (that is, the part of the approved official plan or amendment, or the refusal to approve the official plan or amendment) to which the notice 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.
Subsection 17(37) requires that the notice do more than simply allege inconsistency/non-conformity; rather, an explanation must support the allegation.
If the inconsistency/non-conformity alleged and explained in the Notice of Appeal is not sustainable, the appeal will prove to be ineffective because it will be dismissed by the Tribunal (see s.17(45)).
Therefore, the explanation required by subsection 37(37) is very important as it will form a key consideration when the grounds are considered by the Tribunal.
See Commentary on subsection 17(36.0.1) regarding the implications of the grounds of appeal being limited by Bill 139 from the unlimited grounds previously.
A failure to pay the required fee within the required time is not fatal to the appeal; however, it may affect the scheduling of the hearing process. Mono (Town) Official Plan Amendment No. 23 (Re), 41 O.M.B.R. 190 (O.M.B.).