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Section 17, Subsections (24) to (30.1) [Appeal Rights/Final Decision: Adoption of Official Plan and Amendments Exempt from Approval]

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  • 17(24) RIGHT TO APPEAL

    (24) If the plan is exempt from approval, any of the following may, not later than 20 days after the day that the giving of notice under subsection (23) is completed, appeal all or part of the decision of council to adopt all or part of the plan to the Tribunal by filing a notice of appeal with the clerk of the municipality:

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

    2. The Minister.

    3. The appropriate approval authority.

    4. In the case of a request to amend the plan, the person or public body that made the request.  2006, c. 23, s. 9 (4); 2017, c. 23, Sched. 5, s. 80.

    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

    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.

  • 17(24.0.1) REPEALED

    (24.0.1) Repealed: 2019, c. 9, Sched. 12, s. 3 (1).

  • 17(24.1) NO APPEAL RE ADDITIONAL RESIDENTIAL UNIT POLICIES

    (24.1) Despite subsection (24), there is no appeal in respect of the policies described in subsection 16 (3), including, for greater certainty, any requirements or standards that are part of such policies.  2011, c. 6, Sched. 2, s. 3 (1).

    Wood Bull Commentary Refer to the Wood Bull blog post entitled: "Bill 108 Amendments to the Planning Act: Allowing Additional Residential Units on Properties containing Detached Houses, Semi-detached Houses or Rowhouses" for more information regarding this subsection.
  • 17(24.1.1) EXCEPTION RE MINISTER

    (24.1.1) Subsection (24.1) does not apply to an appeal by the Minister.  2011, c. 6, Sched. 2, s. 3 (1).

  • 17(24.1.2) NO APPEAL RE INCLUSIONARY ZONING POLICIES

    (24.1.2) Despite subsection (24), there is no appeal in respect of policies described in subsection 16 (4), including, for greater certainty, any requirements or standards that are part of such policies. 2016, c. 25, Sched. 4, s. 2 (2)).

  • 17(24.1.3) EXCEPTION RE MINISTER

    (24.1.3) Subsection (24.1.2) does not apply to an appeal by the Minister.  2016, c. 25, Sched. 4, s. 2 (2).
  • 17(24.1.4) NO APPEAL RE CERTAIN MATTERS

    (24.1.4) Despite subsection (24), there is no appeal in respect of any parts of an official plan that must be contained in this plan,

    (a) before a development permit system may be adopted or established; or

    (b) in order for a municipality to be able to exercise particular powers in administering a development permit system, such as setting out the information and material to be provided in an application for a development permit or imposing certain types of conditions. 2019, c. 9, Sched. 12, s. 3 (2).

  • 17(24.1.5) LIMITATION

    (24.1.5) Subsection (24.1.4) applies only if the parts of an official plan described in that subsection are included in the plan in response to an order under subsection 70.2.2(1) and the municipality has not previously adopted a plan containing those parts in response to the order. 2019, c. 9, Sched. 12, s. 3 (2).

  • 17(24.1.6) EXCEPTION RE MINISTER

    (24.1.6) Subsection (24.1.4) does not apply to an appeal by the Minster. 2019, c. 9, Sched. 12, s. 3 (2).

  • 17(24.2) NO GLOBAL APPEAL [New Official Plan]

    (24.2) Despite subsection (24), in the case of a new official plan there is no appeal in respect of all of the decision of council to adopt all of the plan.  2015, c. 26, s. 18 (5).

    Related Sections

    Parallel subsection: Official Plans not exempt from approval (s.17(36.2))

  • 17(24.3) SAME

    (24.3) For greater certainty, subsection (24.2) does not prevent an appeal relating to a part of the decision or a part of the plan, as authorized by subsection (24). 2015, c. 26, s. 18 (5).

  • 17(24.4) NO APPEAL RE CERTAIN MATTERS [Mentioned in s.17(24.5)]

    (24.4) Despite subsection (24), there is no appeal in respect of a part of an official plan that is described in subsection (24.5). 2015, c. 26, s. 18 (5).

  • 17(24.5) SAME

    (24.5) Subsections (24.4) and (36.4) apply to a part of an official plan that,

    (a) identifies an area as being within the boundary of,

    (i) a vulnerable area as defined in subsection 2 (1) of the Clean Water Act, 2006,

    (ii) the Lake Simcoe watershed as defined in section 2 of the Lake Simcoe Protection Act, 2008,

    (iii) the Greenbelt Area or Protected Countryside as defined in subsection 1 (1) of the Greenbelt Act, 2005, or within the boundary of a specialty crop area designated by the Greenbelt Plan established under that Act, or

    (iv) the Oak Ridges Moraine Conservation Plan Area as defined in subsection 3 (1) of the Oak Ridges Moraine Conservation Plan established under the Oak Ridges Moraine Conservation Act, 2001;

    (b) identifies forecasted population and employment growth as set out in a growth plan that,

    (i) is approved under the Places to Grow Act, 2005, and

    (ii) applies to the Greater Golden Horseshoe growth plan area designated in Ontario Regulation 416/05 (Growth Plan Areas) made under that Act;

    (c) in the case of the official plan of a lower-tier municipality in the Greater Golden Horseshoe growth plan area mentioned in subclause (b) (ii), identifies forecasted population and employment growth as allocated to the lower-tier municipality in the upper-tier municipality’s official plan, but only if the upper-tier municipality’s plan has been approved by the Minister; or

    (d) in the case of the official plan of a lower-tier municipality, identifies the boundary of an area of settlement to reflect the boundary set out in the upper-tier municipality’s official plan, but only if the upper-tier municipality’s plan has been approved by the Minister. 2015, c. 26, s. 18 (5).

  • 17(25) NOTICE OF APPEAL

    (25) The notice of appeal filed under subsection (24) must,

    (a) set out the specific part of the plan to which the notice applies;

    (b) set out the reasons for appeal; and

    (c) be accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017. 1996, c. 4, s. 9; 2015, c. 26, s. 18 (6); 2017, c. 23, Sched. 3, s. 6 (2); 2017, c. 23, Sched. 5, s. 81; 2019, c. 9, Sched. 12, s. 3 (3).

    Related Sections

    Subsection 17(24.0.1) establishes the grounds of appeal which are to be addressed in the Notice of Appeal.  

    Related Regulations

    O. Reg. 174/16: TRANSITIONAL MATTERS — GENERAL, s.19(1), (3), (5), and (6)

    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.

    CaseLaw

    See s.34(11.0.0.0.4) for case law regarding the required explanations in a Notice of Appeal.  

  • 17(25.1) SAME

    (25.1) If the appellant intends to argue that the appealed decision 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, the notice of appeal must also explain how the decision is inconsistent wit, fails to conform with or conflicts with the other document. 2019, c. 9, Sched. 12, s. 3 (4).

    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.

  • 17(26) TIMING [Notice of Decision Completed]

    (26) For the purposes of subsections (24) and (36), the giving of written notice shall be deemed to be completed,

    (a) where notice is given by personal service, on the day that the serving of all required notices is completed;

    (a.1) where notice is given by e-mail, on the day that the sending by e-mail of all required notices is completed;

    (b) where notice is given by mail, on the day that the mailing of all required notices is completed; and

    (c) where notice is given by telephone transmission of a facsimile of the notice, on the day that the transmission of all required notices is completed. 1996, c. 4, s. 9; 2015, c. 26, s. 18 (8); 2019, c. 9, Sched. 12, s. 3 (5).

  • 17(26.1) USE OF DISPUTE RESOLUTION TECHNIQUES

    (26.1) When a notice of appeal is filed under subsection (24), the council may use mediation, conciliation or other dispute resolution techniques to attempt to resolve the dispute.  2015, c. 26, s. 18 (9).

  • 17(26.2) NOTICE AND INVITATION [For Dispute Resolution]

    (26.2) If the council decides to act under subsection (26.1),

    (a) it shall give a notice of its intention to use dispute resolution techniques to all the appellants; and

    (b) it shall give an invitation to participate in the dispute resolution process to,

    (i) as many of the appellants as the council considers appropriate,

    (ii) in the case of a request to amend the plan, the person or public body that made the request,

    (iii) the Minister,

    (iv) the appropriate approval authority, and

    (v) any other persons or public bodies that the council considers appropriate.  2015, c. 26, s. 18 (9).

  • 17(26.3) EXTENSION OF TIME [To Forward Appeal Record, Dispute Resolution]

    (26.3) When the council gives a notice under clause (26.2) (a), the 15-day period mentioned in clauses (29) (b) and (c) and subsections (29.1) and (29.2) is extended to 75 days.  2015, c. 26, s. 18 (9).

  • 17(26.4) PARTICIPATION VOLUNTARY [In Dispute Resolution]

    (26.4) Participation in the dispute resolution process by the persons and public bodies who receive invitations under clause (26.2) (b) is voluntary.  2015, c. 26, s. 18 (9).

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