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Part II [Official Plans, Zoning By-laws and Subdivision Appeals]

RULE 26 and RULE 27 within Part II only apply to proceedings initiated under subsections 17(24), (36) and (40), 22 (7), 34(11) and (19) and 51(34) of the Planning Act, which continue to be subject to the practices and procedures in LPATA as it read between April 3, 2018 and September 3, 2019, subject to applicable transition regulation.

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  • 26.20 Case Management Conference

    The Tribunal shall direct the Appellant, municipality or approval authority whose decision or failure to make a decision is being appealed to participate in a case management conference conducted by a Member.  A case management conference may include settlement conferences, motions or preliminary hearing matters.   At a case management conference the Tribunal shall:

    (a) identify persons other than the Appellant, the municipality or approval authority, who wish to participate in the appeal, based on written submissions provided by these persons to the Tribunal;
    (b) determine, from the written submissions provided, whether a person may participate in the appeal as an additional party, or participant, on such terms as the Tribunal may determine;
    (c) identify facts or evidence the parties may agree upon or on which the Tribunal may make a binding decision;
    (d) identify, define or narrow the issues raised in the appeal;
    (e) obtain admissions that may simplify the hearing, which may include the examination of persons by the Tribunal as part of the case management conference;
    (f) provide directions for disclosure of information among the parties or persons who may participate in the appeal;
    (g) provide directions that a person or persons attend the hearing for examination by the Tribunal, including persons to provide expert opinion evidence;
    (h) discuss opportunities for settlement, including the possible use of mediation or other dispute resolution processes;
    (i) fix a date and place for the hearing and estimate its length;
    (j) determine the format of a hearing, including whether a hearing be conducted in writing and any applicable dates to exchange documentation or submissions;
    (k) discuss issues of confidentiality, including any need to hold a part of the hearing in the absence of the public or to seal documents; 
    (l) address the production and cost sharing of joint document books; and
    (m) deal with any other matter that may assist in a fair, just, and expeditious resolution of the issues or proceeding.

  • 26.21 Result of a Failure to Attend a Case Management Conference

    The Tribunal may proceed to conduct a case management conference if the Appellant, municipality, approval authority, a party, person or their authorized representative(s) fail to attend.

  • 26.22 Tribunal Order

    The Member conducting the case management conference will issue an order that may decide any of the matters considered at the conference and will provide procedural directions for any subsequent hearing event, including whether the hearing will be held in writing, electronically, or in person as an oral hearing.  The Member conducting any subsequent hearing event, or the hearing, is bound by the order resulting from the case management conference unless the Member is satisfied that there is good reason to vary the order.

  • 26.23 Further Directions following a Determination to hold a Hearing

    At any time at or after the case management conference, the Tribunal may give such further directions or impose such terms that are necessary for a fair, just and expeditious resolution of the proceeding, including directions that: 
    a) a party deliver within a specific time, evidence of a witness by affidavit to address the issues in dispute;
    b) expert witnesses engaged by or on behalf of the parties identify areas of evidence to which they agree and areas of evidence to which they disagree, and the rationale for their opinions;
    c) each expert witness file an executed acknowledgement of expert’s duty form; 
    d) a concise summary of submissions be prepared, based on the supporting case summary and affidavit evidence, to be presented at the hearing; and
    e) a person whose evidence may be relevant to determination of the issues in the hearing, to attend the hearing, to enable the Tribunal to ask that person questions.

  • 26.24 Requiring the Attendance of a Witness

    In addition to its other powers in the conduct of a hearing, the Tribunal may require the attendance at the hearing of any person whose affidavit or declaration formed part of the appeal record or the responding appeal record, or whose report or submission formed part of any record filed, and the Tribunal may examine any such person(s).  The Tribunal may also require that any party produce documentation that the Tribunal may find relevant, and to appear before the Tribunal to answer any questions related to that documentation.

  • 26.25 Tribunal Direction for Transcripts

    The Tribunal may arrange for the attendance of a qualified verbatim reporter for the purpose of recording the testimony of a witness who is examined by the Tribunal at a hearing, and may direct the costs of the transcript are to be borne by the parties.

  • 26.26 Establishing an Interrogatory Procedure

    The Tribunal may direct the parties to answer certain questions and exchange or provide materials and documents in writing within certain dates and any dispute over the content of the written response shall be decided by the Tribunal by motion.

  • 26.27 Tribunal in Receipt of Notice from Minister

    In the event that the Tribunal receives notice from the Minister responsible for the Planning Act (pursuant to Section 38(1)(b) of LPATA) that a matter of provincial interest is, or is likely to be, affected by the plan or by-law or the parts of the plan or by-law in respect of which the appeal is made, then Part I of the Rules will apply to that appeal proceeding.

  • RULE 27: TRIBUNAL DETERMINATION AND REMISSION OF DECISION TO MUNICIPAL COUNCIL/APPROVAL AUTHORITY IN THE EVENT OF A PROCEEDING INITIATED UNDER SUBSECTION 17 (24), (36), 22 (7), 34 (11) AND (19) OF THE PLANNING ACT

  • 27.1 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.

  • 27.2 Identification of Options to Achieve Compliance

    In the written decision referred to in Rule 27.1, the Tribunal may, but is not obliged to, identify one or more options to remedy the inconsistency or conflict or lack of conformity.

  • 27.3 Appeal of a New Decision or Non-Decision

    The requirements to initiate a proceeding and notice of hearing appointment set out in the provisions of these Rules shall apply in the event of any appeal of a new decision or non-decision following the remission of an appeal to municipal council, and the Rules in Part I shall apply to the disposition of that proceeding.

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