The Wood Bull Guides

Section 2.1 [Approval Authorities and Tribunal to Have Regard to Certain Matters]

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2.1(1) APPROVAL AUTHORITIES AND TRIBUNAL TO HAVE REGARD TO CERTAIN MATTERS
(1) When an approval authority or the Tribunal makes a decision under this Act that relates to a planning matter, it shall have regard to,

(a) any decision that is made under this Act by a municipal council or by an approval authority and relates to the same planning matter; and

(b) any information and material that the municipal council or approval authority considered in making the decision described in clause (a). 2015, c. 26, s. 13; 2017, c. 23, Sched. 3, s. 2 (1);2019, c. 9, Sched. 12, s. 1 (1).

Related Sections
When an approval authority for a non-exempt official plan/official plan amendment (s.17(34)) makes a decision on a plan, it shall have regard to the items set out in clauses (a) and (b) of this subsection.

When the Tribunal makes a decision, it shall have regard to the items set out in clauses (a) and (b) of this subsection, in respect of any of the following appeals:
- an appeal where the Minister has provided notice of provincial interest regarding an official plan or zoning by-law (s.17(53), s.34(29));
- an appeal of an interim-control by-law (s.38(4) and (4.1));
- an appeal of requirements of and any terms of agreement in a site plan matter (s.41(12.0.1));
- an appeal of subdivision control or consent (s.51 (39), (43) and (48), s.53(19) and (27)).
Subsection 2.1(1) does not apply to a decision of the Tribunal regarding any appeal of an official plan or amendment, or zoning by-law or amendment.

The Tribunal's decision regarding appeals of failures to make a decision are generally addressed in subsection 2.1(2).

It appears that neither this subsection or subsection 2.1(2) applies to a decision of the Tribunal regarding appeals of a failure of council to make a decision on a requested official plan amendment (s.22(11)) or a requested zoning by-law amendment (s.34(11)1. and 2.).
Wood Bull Commentary
Refer to the Wood Bull blog post: entitled "Planning Act Amendments Reinstate Broader Grounds for Appeals" for more information regarding this subsection.
2.1(2) SAME, TRIBUNAL
(2) When the Tribunal makes a decision under this Act that relates to a planning matter that is appealed because of the failure of a municipal council or approval authority to make a decision, the Tribunal shall have regard to any information and material that the municipal council or approval authority received in relation to the matter. 2019, c. 9, Sched. 12, s. 1 (2).
Related Sections
This subsection applies to appeals of the failure of council or the approval authority to make a decision regarding:
- a non-exempt official plan (s.17(40));
- a plan of subdivision s.51(34); and
- a consent (s.53(14))
Subsection 2.1(2) does not apply to a decision of the Tribunal regarding appeals of a failure of council to make a decision on a requested official plan amendment (s.22(11)) or a requested zoning by-law amendment (s.34(11)1. and 2.).
2.1(3) SAME

(3) For greater certainty, references to information and material in subsections (1) and (2) include, without limitation, written and oral submissions from the public relating to the planning matter. 2015, c. 26, s. 13.

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.

The Wood Bull Guides

Section 2.1 [Approval Authorities and Tribunal to Have Regard to Certain Matters]

2.1(1) APPROVAL AUTHORITIES AND TRIBUNAL TO HAVE REGARD TO CERTAIN MATTERS

2.1(2) SAME, TRIBUNAL

2.1(3) SAME

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