The Wood Bull Guides

(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.

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

(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.

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

(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.

(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).

(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).

(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.

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

(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.

(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).

(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). 

(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).

(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).

(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).

(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).

(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).

(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.

(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.