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Section 17, Subsections (40) to (41.1) [Appeal Rights: Approval Authority Failure to Make Decision on Official Plan and Amendments]

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  • 17(40) APPEAL TO L.P.A.T. [Failure to Give Notice of Decision]

    (40) If the approval authority fails to give notice of a decision in respect of all or part of a plan within 120 days after the day the plan is received by the approval authority, any of the following may appeal to the Tribunal with respect to all or any part of the plan in respect of which no notice of a decision was given by filing a notice of appeal with the approval authority:

    1. The municipality that adopted the plan.

    2. The Minister, if the Minister is not the approval authority.

    3. In the case of a plan amendment adopted in response to a request under section 22, the person or public body that requested the amendment. 2019, c. 9, Sched. 12, s. 3 (11).

     Related Regulations

    O. Reg. 174/16: TRANSITIONAL MATTERS — GENERAL, s.18(1) and (2) An appeal of a non-decision by an approval authority may be made on the basis of  the failure to make the decision within the relevant statutory time period.  No other grounds are required.

     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  • 17(40.1) REPEALED

    (40.1) Repealed. 2019, c. 9, Sched. 12, s. 3 (12).

  • 17(40.2) EXCEPTION, NON-CONFORMING LOWER-TIER PLAN

    (40.2) Despite subsection (40), there is no appeal with respect to any part of the plan of a lower-tier municipality if, within 120 days after receiving the plan, the approval authority states that the plan or any part of it does not, in the approval authority’s opinion, conform with,

    (a) the upper-tier municipality’s official plan;

    (b) a new official plan of the upper-tier municipality that was adopted before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect; or

    (c) a revision of the upper-tier municipality’s official plan that was adopted in accordance with section 26, before the 120th day after the lower-tier municipality adopted its plan, but is not yet in effect.  2015, c. 26, s. 18 (16); 2017, c. 23, Sched. 3, s. 6 (17); 2019, c. 9, Sched. 12, s. 3 (13).

     Related Sections

    Subsection 17(40.2) is the counterpart to subsection 17(34.1), which provides that an approval authority shall not approve a lower-tier municipality's official plan that, in its opinion, is non-conforming with the various types of upper-tier official plan described in the subsections.

    For amendments to a lower-tier municipality's official plan, subsections 17(34.1) and 17(40.2) only apply to official plan updates adopted in accordance with section 26 (revisions in regard to provincial plans, matters of provincial interest and policy statements)(s.21(2)).

     Related Regulations O. Reg. 174/16: TRANSITIONAL MATTERS — GENERAL, s.18(1) and (2). Wood Bull Commentary Refer to the Wood Bull blog post entitled: "Planning Act Development Processing Timelines Reduced" for more information regarding this subsection.

  • 17(40.3) NO REVIEW [Of Approval Authority Opinion By Tribunal]

    (40.3) The approval authority’s opinion mentioned in subsection (40.2) is not subject to review by the Tribunal.  2015, c. 26, s. 18 (16); 2017, c. 23, Sched. 5, s. 80.

  • 17(40.4) TIME FOR APPEAL

    (40.4) If the approval authority states an opinion as described in subsection (40.2), the 120-day period mentioned in subsection (40) does not begin to run until the approval authority confirms that the non-conformity is resolved.  2015, c. 26, s. 18 (16); 2017, c. 23, Sched. 3, s. 6 (18); 2019, c. 9, Sched. 12, s. 3 (14).

     Related Regulations

    O. Reg. 174/16: TRANSITIONAL MATTERS — GENERAL, s.18(1) and (2).

  • 17(41) NOTICE OF APPEAL

    (41) A notice of appeal filed under subsection (40) must,

    (a) set out the specific part of the plan to which the appeal applies, if the notice does not apply to all of the plan; and

    (b) be accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017.  1996, c. 4, s. 9; 2017, c. 23, Sched. 5, s. 81.

     Wood Bull Commentary

    An appeal of a non-decision by an approval authority may be made on the basis of  the failure to make the decision within the relevant statutory time period.  No other grounds are required.

    Refer to the Wood Bull blog post entitled: "Planning Act Amendments Reinstate Broader Grounds for Appeals" for more information regarding this subsection.

  • 17(41.1) REPEALED

    (41.1) Repealed. 2019, c. 9, Sched. 12, s. 3 (15).

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